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Legal Problem On The Consumer Protection Which Is Under The Perspective Of Forced Contracting

Posted on:2012-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:L M CaoFull Text:PDF
GTID:2166330338495026Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The term of compulsory contracting has been a long time in the field of ,and it attracted more and more attention by people with the development of commodity economy society. Jurists of our nations are trying to arranged the theory in the upcoming .But we all know that the theory of compulsory contracting is not a mature system, by the same time we should not see the benefits only, but also the shortcomings that there are many urgent problems to solve.It is known that we each people is always playing a role of consumer during the period of commodity economy. We can say that the consumer groups are huge, however, the social status is low and humble. In the same time we also notice that"The consumer issues are of modern society, but not of common problems during ever period of human history."Here we do not want to list the whole consumer issues unsolved, but try to discuss and find corresponding solutions from the perspective of compulsory contracting. Through research we find the original intention of the system is to protect consumers'(also the weak ones) legal rights, and achieve substantive justice of consumption. As the theory of compulsory contracting is not perfect till now in practice, the operators(or producers)---the strong side uses of their own advantages and all sorts of covert packing methods to harm the legitimate interests of consumers further. If we intend to insure that consumers are no longer victims, but into partners ranks ,our scholars and legislators will have a long way to achieve the goal.The topic is to study the works at home and abroad, based on our legal status and social practice, boldly absorb the existing researches , to achieve the following objectives:(1) Since previous scholars only separately elaborated on the two issues---compulsory contracting and the protection of consumers' rights. This article try to discuss these two topics together, and to seek a remedy way for the prominent damaged status of the consumers.(2)Unlike the past , the paper won't only pay attention to discuss the operators' rights and obligations, even ignore the position of all the consumers. We would try our best to reveal the true characteristics of consumers and their embarrassing position.(3)Finally and most importantly, when we make every effort to build a strong safety net for all consumers in a special area (compulsory contracting), we also should wake up consumers to establish the consciousness of self-protection. Because only their own affairs will be of real concern, even in all the procedures are designed to perfect appeal cases ,and can be not different.
Keywords/Search Tags:Compulsory Contracting, The Protection of Consumers' Rights, Freedom of Contract, Contractual Justice
PDF Full Text Request
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