On The Protection Of Consumer's Rights By Economic Law

Consumer problem came into being at the same time with large–scale social production; it is the certain result of market economy. As economy, science and society is developing farther, and the course of economic globalization is growing on, traditional consumer's problems are standing out gradually, and new-style consumer's problems are coming into being continually. After analyzing the reasons of consumer's problem, we can discover that traditional civil law cannot remedy and redress the damage of consumer's rights effectively in depth and extent. Protection from the position of economic law is the only means. To clear about the character of consumer protection law is the all-important, essential question to protect consumer's rights in legal means. Consumption in this thesis means that consumer purchases, uses, consumes, and enjoys commodity and service in the background of large–scale social production. Consumption is one tache of large–scale social production, have particular characteristic because it is different from marketing and using, so it can be studied by economic law from the tie of pure bargaining behavior. And consumer is the reification of jural personality, and is the social part appearing with large–scale social production. Consumer, as individual, always is posed in feeble status when compared to dealer. Ordinary civil subject fulfill the integrated consumption behavior by changing from owner of property to purchaser, and then to be a consumer. So, we considered consumer as economic law subject, and its rights need economic law to protect and adjust. Then, by analyzing the background, doctrine, way of adjust and legal liability of consumer protection law, we can come to a conclusion that this law have unambiguous character of economic law; it is the important part of economic law. But the existing consumers' rights are defined from the position of subject, so they have multi-character. It is not propitious to solve consumer problem in the means of economic law. Therefore, we try to define the rights of consumer from the position of an object, and pose a new conception that right of consumption. Right of consumption which has the attribute of economic law is the right of compensation and development for human labor ability. This kind of right will protect consumers from economic law, and improve the holistic interests of social economy. The right of consumption should be incarnated in lawmaking and judicial practice. It is the reasonable and effective way of consumer protection. This thesis tries to table proposal and viewpoint on lawmaking, chastening legal liability, mode of lawsuit reform, character and function of consumer organization.