Research On The Legal Regulation Of The Premium Sales With Coupons

Fanquan is a popular promotional tool and pricing strategy in large shopping malls. Whether or in the domestic trade in international trade has become an increasingly common phenomenon of the economy.At the domestic level, it is accompanied by Carrefour and sell Delong supermarket, and other foreign investment into the country as well as the United States, Suning chain of shopping malls and other large-scale professional development,a variety of large-scale urban stores Form prosperity demonstrated exuberant vitality. This is a relatively new type of commercial marketing tools, businesses such benefits provided to a large extent in the initiative to attract the attention of the consumers, have been favorites of the people. Along with the deepening of activities, "shopping Fanquan" acts are faced with the challenge of law. This paper mainly from the study of shopping Fanquan attribute start, in view of its likely to bring some illegal infringement analysis, and the possible existence of illegal acts against the current law is how to assess. Can the existing legal system solve it? How to operate in specific system?The paper tries to four parts, to discuss the above questions with a view to satisfactorily answer is.The first part of this paper is to outline, the first to define the concept and features of Fanquan. From the interpretation and adopted a summary of its characteristics to clear the concept of shopping Fanquan. The so-called shopping Fanquan is that when customers buy commercial retail enterprises to a particular commodity or purchase of goods reached a certain amount of vouchers, when the customer in the same shopping malls, they can enjoy a laid-off vouchers purchase of the amount specified on the voucher relief. Shopping Fanquan has the characteristics of predictability, purpose, nature, the price of openness. And through and comes with a prize of sales analysis and comparison shopping Fanquan that comes with a prize of a sales contract. Fanquan further on the legal attribute shopping for further analysis Operators and consumers in the question of the relationship between both theoretical circles still exist in practice a lot of controversy. The burdens of a specific gift, gift of conditions that separate legal acts, from the main contract that. This paper is a thought that the contract for the sale said.In this paper, the second part of the main shopping Fanquan activities following the wrongful act may exist.First of all, there are shopping Fanquan Overlord Provisions. The reason is that shopping Fanquan acts in the format of a large number of the provisions, and the process of these provisions apply, if businesses through the use of its dominant position in operating arbitrary expansion of the rights, reducing their responsibilities to evade the obligation of the operator or More control of the interpretation. If breached law to rule then will produce overlord's item, bring illegality to consumer to violate. Next on the shopping to continue to Fanquan easy existence of price gouging, in the shopping Fanquan activities, the price of fraud may exist mainly in the deceptive prices, that operators in shopping Fanquan activities, will be carried out substantial commodity price increases, and then in the activities Fanquan, consumers purchase goods acquired after the date has not Fanquan activities than before concessions and achieve the purpose of consumer fraud. The third part of the shopping Fanquan there are easy anticompetitive acts. The iniquity expressed is competition behavior to mainly mean to have the prize sale the problem here. Also may cause to involve in to sale with behavior. If involve in to sale with to then need to involve in to sale with behavior to do to turn with the extension explain.Through a third part of the shopping Fanquan that could occur in the analysis of the wrongful act, the paper stated in the third part of the main consumer rights had been violated, as well as the specific circumstances of the infringement occurred done to Cause Analysis. Announce to public a shopping to return coupon behavior to exist many problems from the reason and the manifestation respectively. These existence of[with] problem violate consumer right easily. Violation of the rights of consumers in their first performance against the consumer's right to know easily. This requires operators to fully discharge the obligations of divisions. Furthermore, it's easy to consumers against unfair trading rights. Violate this right to concretely express again a few aspects as follows: The reliability bright of the merchandise price is bad, the sale counterfeits a false and inferior product, making the consumer be cheated. For the consumer rights had been violated due to various reasons, the reasons mentioned in the book include: First, the weak legal awareness. The main body of a weak awareness of the law not only means consumers, but also in a superior position, including operators. The second, the consumer is placed in a minority position. The consumer is placed in the minority position that the minority position expresses for the information on the other hand, expressing for the minority position of economic power position on the other hand. From here its right is easily violated. Third, the existing laws and regulations are imperfect, in the adjustment of the economy and the rapid development of the new legal relationship will be unavoidable when there are certain barriers. This is not any one law to escape the fate.The fourth government takes charge of effectively of imperfection. The government returns the disadvantage of coupon behavior to the shopping, also difficult escape its responsibility. The expansion of the system has been applied, for example, punitive damages system; "consumer rights protection law" under Article 49 is clearly defined .The answer to this question, this article from the first adjustment to the existing laws in the shopping Fanquan acts in the status quo and inadequate assessment of its start, that the shopping Fanquan of adjustment, China is now also has no specific laws and regulations Conclusion. Through the analysis of the front of this text, the four-part cent mainly resolves of how is the problem to carry out to return coupon behavior rules and regulations to the shopping more and so much. Fanquan act now to the current adjustment mainly through the "General Principles of Civil Law," "Law on the Protection of the interests of consumers" and "price", "Unfair Competition Law," "Retailers selling management approach" for the realization. These law norms include in for the confirmation and the norm shopping return the coupon activity very aggressive function, but its blemish and shortage also present in the fulfillment. The main flaw in the original system embodied in the application of obstacles in the process, the specific operational level there are obstacles. Analyze to these existence problems, the law system which has a necessity to return coupon behavior to the shopping carries on speculation, at to the concrete system before carrying on speculation, this book returns the law rules and regulations present condition of coupon behavior to do to elaborate in brief to the shopping to the foreign lawmaking example first, respectively analytical Germany, France, the United States, Japan, our country the lawmaking present condition of Taiwanese region, thus at to our country the rules and regulations shopping return coupon behavior to carry on concrete system a constitution provide some apocalypses. Operators to provide goods or services fraud, the consumer should be in accordance with the requirements of increase in compensation of its losses, and increase the amount of compensation for the price consumers purchase goods or receiving services doubled. Regulation in the shopping Fanquan acts can be directly extended.