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On The Perfection Of China's Consumer Protection Law From Enlarging The Range Of Consumer

Posted on:2009-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:X H ZhangFull Text:PDF
GTID:2166360245490794Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Consumer protection legal system regarding Consumer Protection Act as the basic law is pushed forward to produce and develop by the consumer movement in our country ,and it has played e great role on defending consumer'rights and interests in our country. Entry to the WTO has brought the unprecedented challenge to protection of consumer's rights and interests of our country. From the development trend of consumer legislation of this century , all over the world , it will become more and more complex and concise and penetrate the new field. As time is going , because of inadequacy of theory and practice while drafting ,some problems of Consumer Protection Act have gradually appeared . The more the problems are, the less Consumer Protection Act can fit in with the needs of the society . After entering 21st century, people's consumption idea, consumption pattern, structure of consumption, etc, all changed greatly. As China's entering WTO and the deepening of economic system reform ,it is inevitable to make further perfection and improvement on the legal system of Consumers'rights and interests protection and amend Consumer Protection ActAs the current consumer protection law was initially enacted based on the concept of civil law, the construction of the law was bound to the exiting civil law institution and this lead to the consumer main body's definition is obscure . The range of"consumer"in the current"People's republic of China Consumer Right Protection Law"was kind of misty. To certain extent, the above–mentioned problem had a negative effect on the implementation of the law. Begin with the explanation of the"Consumer Main Body", the author of the article doubted the current Definition of"Consumer"in the law. Then, the author put forward a scientific and rational definition by quoting the discussion of the definition in other foreign countries all over the world and in view of the actual situation in our country, especially involved in the educatee and the user of public product. Secondly based on the harmonious concept of consumption and the idea of economic law, some proposition about perfection of the legislation of extensive consumer protection law is proposed. Consumer Protection Act not only makes special protection to consumers, but alse to managers, in fact whose final aim is to safeguard the economic order of the whole society. Reinforcing of consumers'rights from economic law will benefit to punish illegal business operators and safeguard fair competition and promote sustainable development . At last , the article sets forth some specific suggestions to perfect the consumer protection law both from substantive law and adjective law. The consumer subjects were entitled to some rights and rights relief ways. At the same time, we should establish Commonweal litigation of the consumer rights and benefits.
Keywords/Search Tags:consumer, the range of consumer, consumer protection law, perfection
PDF Full Text Request
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