On Studying Option Of Operators In Consume Relationships

They always make the proceedings conflict between consumers and operators in result of the right to choose and pay attention to all of us. The judge in deciding a case there is no clear legal basis for the outcome of the legal proceedings leading to consumers and operators feel aggrieved parties that their interests were against.The media are more inclined to consumers in result of their weak position, as follows, they are make a contradiction between operators and consumer. While in theory the parties on whether the operator have the right to choose controversy is never stopped.Therefore, whether the operator have the right to choose clearly, how to exercise the right about choose what kind of restriction, no doubt to better protect consumers and the interests of operators, and promoting the interests of consumers better protection law, regulating the market order to make the community more harmonious relationship between consumption and smooth.The right to choose the operators to explore the legality of the existence and the rights of consumers through legislation, theory, practice three in-depth analysis, analyzed the rights of the legitimate exercise of the two made recommendations, and look forward to the Legislative be perfect. The article is composed of introduction, Chapter one, two, three ,four and the closing.The first part is present a conflict fact between operator and consumer through classic case. Because of the rights of operator have imperfections on current law. As result, on the rights of operator whether or not to be protected by the judicial practice issues.The chapter one presented the concept of the operators the right, as well as operators of the right to choose the theoretical basis for a detailed exposition.Chapter two, "the operators the right to choose the status " at home and abroad through an overview of the operators the right to choose the status quo, in legislation, Theory, Practice three areas comparative analysis reveals China's current operators of the right to choose on the provisions of the uncertainty. Chapter three, "consider to choose the operator in our country" of the comparative analysis with the previous chapter, from the legislation in the "Contract Law" in consumer contracts concluded, mandatory contracting system and the operators should have the right to choose analysis, "China Tourist Hotels industry standards "about 29, and the existing" Consumer Protection Law "and consider of the operators of the right to choose; legal status through civil main principle of equality, rights principles must not abuse the rights of the correct configuration has been an in-depth analysis; and through judicial operation on China's practice of the right to choose the operator to conduct in-depth study. This writer believes that the operator is entitled to a limit of the right to choose.Chapter four, "operators with the right to choose the perfect application" before the text of the analysis by the conclusions reached in this chapter of the operator's right to choose a specific limit set, and made consumers should also exercise their rights correctly, the last on the operators the right to choose the law applicable legislation perfection and presented recommendations.The last part presented a summary of the full text reaffirmed that the operator's right to choose, as well as operators and consumers should be reasonable and legitimate exercise of their rights, in order to promote the healthy development of the market economy.