The Research Of Mainland China And Hong Kong Consumers' Rights And Interests Legal Protection

In any society, all the people necessarily appear as the consumers. With the socialist market economy developing further, the kinds of commodity enriches. gradually as well the serving way, and the need of the consumers is satisfied unceasingly with the confidence of the consumers strengthening. In recent times the dividing line between the consumers and the operators' two great society strata has appeared .consumers and operators not only depend on each other but also are the opposite barracks. Furthermore consumers as the weak body always face the enormous risk and damage which are brought by the cheating, deceiving, neglectful and malicious behaviors of the operators. For this purpose, the Rights and Interests of consumers protection movement is on the rise, becomes law phenomenon all over the world in the developed countries and even in the developing countries. So the law theory of the consumer protection becomes a new law discipline and its important position is outstanding gradually.Hong Kong accomplishes famous international trade, finance, shipping, the touring centre, whose economy development has close relationship with policy and movement which insists that rules by the law of rights and interests of consumers centered are carried out and defends fair competition in the market order. with the Hong Kong returning and mainland residents ' living standard improving in recent years, the mainland residents who go sightseeing or go shopping for Hong Kong increase gradually, in consequence consumer complaint related to Hong Kong operators also increases gradually. The real reason is mainly that people doesn't know about Hong Kong legal system. For avoiding unnecessary complaint involving Hong Kong operators, it is necessary that to boost the mainland consumer touring and shopping around Hong Kong, keep the Hong Kong prosperity and stability further, and discuss Hong Kong legal rules about the rights and interests of consumers' protection and their main characteristics.Since at present the mainland scholars put more research on the defects of the consumer law and on the two sides of the Taiwan Straits comparison and less on the protection legal system of Hong Kong Rights and Interests of consumers. Hong Kong is a completely opened up and free market, and the government control less. But in Hong Kong social stability and economic prosperity have close relationship with the perfect legal institutions. So it has actual meaning to study the Hong Kong Law on the Protection of Consumers' Rights and Interests and draw lessons from revealing the effect on the mainland related system. I hope this text will give some help to perfect the legal institution relevance, defend rights and interests of consumers, consolidate order of the market economy, and promote mainland economy growth from consulting the advanced experience and system in consideration of the fact of the mainland.The text has three parts together:In the first part, we summarize the consumer problem advance and the consumption movement, and detail the creation and development of the legislation of rights and interests of consumers in Hong Kong and mainland as well as the characteristics of the Hong Kong consumer move.In the second part, we analyzed the same characteristics of Hong Kong and mainland including the characteristics of Hong Kong from the protecting aspect in the rights and interests of consumers from the four aspects such as consumer rights and interests protection legislation, protection organization, the approach of the solving dispute protection. as for the legislation system style ,mainland and Hong Kong both adopt the legislation way of the statute law ,containing fields such as product quality , safety , hygiene completely, and expanding to the environmental protection and other new areas step by step . Hong Kong does not work out a special code on the protection of the rights and interests of consumers, but have worked out more than 20 unique legal statutes according to the protection range required by the consumers. On the consumer right aspect, mainland and Hong Kong both stipulate that consumers have the rights of enjoying safe, receiving education, selecting free and so on. Mainland also stipulates special law that consumers acquire personality respect right according to our multinational condition of the nation. Both of the mainland and Hong Kong protects rights and interests of the consumers from the legislation, judiciary, administrative organizations, attaching importance to social protection of the consumers. Hong Kong also has the small scale legal action and arbitral court for consumer legal action. Both of the places take various approach to resolve consumption dispute, from simple to complicated including consulting, mediating, arbitrating until legal action. Hong Kong sets up the fund of the consumer legal action, which is worthy of drawing lesson from. In the three parts the main body of the text is set forth. we expound the rights and interests of consumers aspect of Hong Kong which mainland draws lessons from, in Including unique legislation in the legislation system, providing direction by issuing authority publication for the consumers, giving legal rights to the consumer protection organization , setting up the consumer legal action fund , perfecting criminal punish degree, and primitive reparation system and so on .