The Study Of Article 49 Application Of Consumer Rights Protection Law

Since Consumer rights protection law of the People's Republic of China (call as follows consumer law) carried out on January first in 1994, it developed important function on the special protection of consumer rights and the maintenance of consumer rights. On one hand, it realized the lawmaking aims that encouraging consumer to fight against dealer's behaviors of making and selling the unqualified merchandises and keeping the good market competing order. For the other hand it stirs up enthusiasm for consumer to protect the legal rights, which contribute to providing the law guarantee in order to resolve the increasingly serious consumer problems. Well worth mentioning of it is that Article 49 Application Consumer Rights Protection Law settle, the extensive controversy to it appeared between the theories field and the actual field, it was subjected to blaming of many scholars and fulfill reject of local lawmaking, judicial department, which make implement result give discount greatly, even having drive the danger to suffocating. The emergence of the phenomenon not only openly disobey the lawmaking aim, but also it don't match developing trend of the international community to enhance the specially protection of consumer rights.Because consumer law doesn't define the scope of consumer, the cheating behavior and twice indemnification, a big rift existed in theory field and actual field, which resulted in making a different verdict by different judges according todifferent comprehension toward the law. Therefore, re-study to this topic not only have the important theory meaning, but also have the important the meaning to guide actuality today.The thesis adopted the method of case and analysis, I will explain the application of Article 49 of consumer law from the value of lawmaking on consumer law .In addition to cultural heritage overview, introduction and the end the paper is divided into three chaptersChapter One consumer concept research.consumer law should be special law of the economic law. According to original history background and the lawmaking aim ,the definition of the consumer should include the natural person only, but don't include the unit. As for standard of the life demanding should make use of the comprehensive standard. The legal rights of estate purchaser should bring into adjustment scope of consumer and deserve the protection of Article 49 of consumer law .The people who know something false alse buy it should bring into the scope consumer, the folks fight against cheating can draw lessons from" the cat theory",it means that cat that as long as figt against false is a good cat. for the sake of the protection on " host"( consumer), taming several cats contain advantages to consume" rat"( making false) .the career that fight against false don't take place of the power of the government,but a kind of complement.Chapter Two research on constitution item of conusuption cheating .it shouldn't be primised of intention of maker . The traditional civil cheats persists the unification theory that the behavior should be with cheat the result. But the consumption cheat should bring into adjustment scope of competition law.it holds that the behavior should separate from the result .thus it will not only be advantageous to realization of lawmaking aim, but also be advantageous to protection of the legal rights of consumer.importantly ,it will help realize the formation of the good market competition environment.Chapter Three research on the twice indemnification of consumer law .See from the angle of the law economics, the twice indemnification of consumer law exists proper foundation on theories. The punishment indemnification that theconsumer acquired lied in rational foundation , not illegal benefits.it provide to draw lessons for resolving the serious consumer problem that our country exists currently . the punishment indemnification still exists the problen of application condition .wo will make it pefectlly.