The Study On The Legal Issues Of Consumers' Rights And Interests Protection

Since the existence of human beings relies on the satisfaction of basic demands, such as clothes, food, housing and traveling, men exist as consumers in any society. In our market-oriented society characterized by labor division, to gain consumption goods is associated with the exchange of the products. Thus form the two different strata, namely, the consumers and the producers. They are interdependent but belong to two opposite camps. The former, more than often at their perils because of the latter's fraud, carelessness and malice, is the colony of weak tendency. Especially in modern industrial society or in knowledge-economy society, the consumers don't have the paralleled knowledge of the goods as the producers do, which make consumers more vulnerable and producers more privileged. Thus arouse the campaigns of protecting the consumers'rights and interests, which are the common legislative phenomena both in developed and developing countries.The theme of the thesis is to make a research on protection of consumer's rights and interests. It is not the explanation or the comments of Law on Protection of Consumers'Rights and Interests of People's Republic of China, but a further detailed discussion about some problems existing in this area in China as follows:I.The thesis states how to define consumers as well as how to protect their lawful rights. People, who purchase and utilize goods for non-productive consumption or purchase services, can be defined as consumers. They have the sovereignty of the market economy, but actually, is the weak tendency. So in the respect of legislation, regulations of economy should offer special protection to them.II. Compared with the difference between Chinese and foreign laws in terms of the product liability and damage compensation clauses, the thesis points out the deficiency of our law and provides the improvements.III. The thesis states service as a special product on property, principles to seek the accused, conditions of composition, reasons of dismissing, range of application and so on. The thesis believes that liability of service should be regulated separately to liability of product and deficiencies of service should be defined clearly.IV. The thesis also talks about punitive damages, including its definition, availability in different circumstances and the extent of compensation. We should use the experience of other countries for reference to improve the regulations of punitive damages in Law on Protection of Consumers'Rights and Interests, for example, to cancel the set folds of compensation, to add malice behaviors, grave carelessness and extreme contempt of others'rights as violations against the law.IV. The author gives us some cases as follows to show how to protect consumers'rights in special consumption tangles.1. the thesis introduces the detailed clauses in the contracts of commercial housing consumption, analyzes what causes the losses of customer's rights and interests and confirms that the law on protection of customer's rights and interests is to protect customer's rights and interests. It also asks the consumers to pay special attention to several crucial issues of punitive damages in commercial house dealing in order to protect consumers'lawful rights.2. The thesis illustrates the reason why Law on Protection of Consumers'Rights and Interests is available for doctor-patient relationship. Fault responsibility is used in medical treatment damage. The defendant provides evidences. When we deal with medical damages, Law on Protection of Consumers'Rights and Interests is the first priority to refer, which is followed by other compensative factors, such as patients'own illness, the development of the medical techniques, etc.3. Last but not least, the thesis discussed a new problem which have appeared recently, that is, how to protect consumers'rights in electronic-commerce. By reference to the foreign legislative practice, the thesis puts up a series of measures on how to deal with cheat, provide privacy protection, offer the replacements and sign contracts, online.