Study On Consumers' Protection From The Angle Of Economic Law

The Interests and Rights of the Consumer Protection is the common issue of most countries in the process of market economy development. Market economy has changed ways from "producer dominion" of maturity "consumer dominion", which is not only the significant indication, but also the most essential and objective demand of the market economy development. Although the market economy provides certain foundation and advantage for the establishment and realization of consumer dominion, it can not solve a series of problems and contradictions completely during the realization of consumer dominion: Communication asymmetry problem in market economy as well as market monopoly and sales promotion trap may lead to damaging Consumer Interests and Rights to some extent; exterior economy benefit problems may lead to the whole lost of Consumer Interests and Rights maintenance to some extent. To conquer or rectify market invalidation, ensure the economy and society impartiality to provide the favorable law environment for the market economy development which is the basic task of the economic law, which is beneficial for promoting economy increase and the development of economy and society, to keep the balance of the whole society's economy interest. So compared with administrative lawand commercial law, the economic law has special advantages on the Interests and Rights of the Consumer."Product responsibility problem"under the market economy has become a common social issue gradually, and "product responsibility" policy is an important way to realize the Consumer Interests and Rights Protection. Product responsibility which based on the harm payments theory and practice is a new tortious responsibility born at the up leaf of the 20th century. The economic law protecting Consumer Interests and Rights is as follows: on the one hand, as for the imputation principle, the strict responsibility principle is not only propitious to market system maintenance but also to the most sufficient and convenient protection for the Consumer Interests and Rights, on the other hand, compared with general civil responsibility, it is also the requirement of the Consumer Interests and Rights protection policy to expand the range of the product responsibility compensation. Product responsibility which is also at the system of Civil Law is more powerful at the scale of the protection compared with general tortious responsibility. Mental damage compensation and pure economic loss compensation are two obvious aspects to prove that.When our country established the Consumers' Protection Law, we based it on American's punishing compensation policy . Establishing the 49^th punishing compensation policy is aim at motivating all the consumers who were cheated to fight against the fraud. The double compensation article which not only breaks the general principle of the traditional civil damage compensation but also provides the system function which traditional civil damage doesn't have is deemed to be the landmark of the punishing compensation legislation in China. However, this article which is different from that of the English and American tortious law in nature. It is just a contract law criterion, which is disadvantageous for the Consumer Interest and Rights. In order to achieve the more powerful protection , it is high time to introduce the punishing compensation into the Tort Law through the law modification, increasing the compensation amount according to the economic law and changing from outside due to the product responsibility responsible party to inside through policy design.It is necessary to establish the public economic interest litigation which is a convenient and powerful procedure regulation to protect the Consumer Interests and Rights through Economic Law. Compared with different modes between the Americans and Germanys, this dissertation introduces the establishment the public economic interest litigation policy to achieve the sufficient Consumer Interest and Rights Protection by adjusting the several aspects of the civil litigation policy such as the proper scope, trial organizational forms, the plaintiff eligible,bear costs,the principle of the burden of proof.