Research On Related Legal Matters Of Protection For Foreign Consumer Rights And Interests

With the development of the market economy and the unceasing deepening of the foreign relations, the individual and the national play more and more emphasis on the protection of the consumer's rights and interests. On the condition that the occurrence of the foreign legal relationship of expense becomes one kind of frequent phenomenon and foreign expense dispute unceasingly occurs, how to protect consumer's rights and interests effectively and how to regulate operator's behavior come to be a question which the people generally pays attention to. Just because foreign consumer protection and the various countries' domestic consumer protection have close relations, thus there is possibility that constructs our country's legal system of foreign consumer protection from consummating our country's related legal rule as the starting point. Precisely because between the two have obvious differences, therefore there is necessity to perform special study of the problem of protection for foreign consumer rights and interests. The article is divided into three parts.The first part begins with the consumer concept, and thinks consumer is such natural person that purchases commodities or accepts service in order to meet his life expense needs. Consumer's judgment standard has two: One is the expense goal, consumer who purchases commodities or accepts service is for meeting his own all kinds of life expense needs;The other is the main body status, consumer is limited to natural person, not including unit. Foreign consumer is such natural person that joins foreign civil legal relation so as to satisfy individual or the family's expense needs. Consumer's rights are consumer benefit's legal performance, specifically includes the right to be safety, the right to be informed, the right to choose, the right to be heard and so on, and elaborates the unique rights which are owned by foreign consumer, namely the right of expanded agreement jurisdiction and the right to choose the law that is applied to the case. This part then elaborates operator's duties, including good faith duty, information duty and quality guarantee duty, in order to bring them into correspondence with consumer's rights. This part emphatically clarifies the relations between foreign consumer protection and the various countries' domestic consumer protection, explains the differences and the relations between them. The differences specially include object to be regulated, jurisdiction of court, the law to be applied, the acknowledgement and the execution of the decision, the diplomatic protection and the legal liability to be involved. However, the foreign consumer legal relationship which is regulated by foreign consumer protection law occurs on the condition that domestic expense legal relationship exceeds a country's limits and links with the foreign country. It take the domestic expense relations as foundation, is also to domestic consumption relations' surmounting. Looked from our country's related legal rule that, our country's consumer protection law gives roughly the same level protection to domestic and foreign consumer's rights and interests. Although the various countries' consumer protection legislation mostly explicitly to stipulate operator's duty, but in view of multinational corporation's important status and influence in the foreign civil relations, and they are frequently to take the defendant in the expense case, their behavior often has significant influence to consumer's rights and interests, therefore has the necessity to perform the effective standard to multinational corporation's behavior in the law. This part has made the preliminary discussion as to managing the behavior of the operator especially multinational corporation by the host country to carry on the legal control from the angle of theory basis and the legislation practice, and make it clear that multinational corporation to undertake the social responsibility as well as to multinational corporation's legal control measure in the host country.The second part of elaboration touches on the techniques of the foreign consumer protection. Foreign consumer's protection by oneself is an important way that foreign consumers positively exercise rights or take the appropriate measures to seek the redress. This is the essential method of restricting or supervising operator's behavior, is also an important symbol of the foreign consumer's law consciousness level. Certainly, forming the consumer communities, strengthening their organizations and expanding organization's members can more effectively protect their rights and interests, because a collective action is possible to improve his destiny. The legislation is the most important method that the various countries protect foreign consumer's benefits, and the different aspects of our country's law have already roughly adapted to the goal of protecting the foreign consumer's rights and interests. These adaptations include such modifications as contract law and law of tort, especially the tort of negligence. The above legislations stipulate the effective legal basis, and provides concrete reference standard, for providing the relief to foreign consumers when the operator violates the legal duty or the agreement duty , creates harm and then gives corresponding compensations or accepts penalty. This article elaborates the contractual liability, the tort responsibility, the contractual liability and the tort responsibility's compete gathers with touch on foreign consumer rights and interests protection as well as the criminal relief method's significance to protect foreign consumer's rights and interests.The third part clarifies and expounds the protection of foreign consumer's rights and interests from the angle of jurisdiction of foreign expense cases and legal application. The jurisdiction is a prerequisite for the court to try a foreign civil case. When some foreign expense dispute occurs, what the litigant first wants to consider is the case jurisdiction question, because this question directly relates some country's substantive law and its corresponding policy's application, directly relates the case's trial result, whether litigant's legitimate rights and interests obtains the effective protection, as well as whether the decision obtains other nation's acknowledgement and execution. This part expounds the production of jurisdiction conflict of foreign consumer protection and the solution, and elaborates the legal rule and the theory of the foreign expense cases' jurisdiction conflict. The rules of legal application of foreign expense cases decide the cases' applicable law, and directly affects litigant's rights and duties. This part expounds the legal application of the principle of autonomy of the parties in the field of foreign contract and tort, the legal application when the litigants have not made the legal choice as well as compulsory stipulations' application, finally comments our country's related legal rules from the two aspects of foreign expense contract and foreign expense tort, proposes the preliminary idea to consummate our country's above stipulations, shows it is the realistic need to establish the punitive damage compensate principle in our country 's correlation legislation,which may consummate our country's consumer protection legal system.