On The Issues Concerning The Protection Of The Consumers' Rights And Interests

Consumer is an integral part of running a mainstay of market economy. However, with the continuous development of the social productive forces, the deepening of the social division of labor specialization, the rapid development of science and technology and evolving of business organizations, consumers gradually fall in a disadvantaged position, which cause consumers often vulnerability when exercise their rights in the process, similar things also occurs on interests related.It came through an important turning point from the planned economy to a socialist market economy in reform and opening up 30 years in China. China's consumer rights protection has experienced no rule to follow from the"Law on the Protection of the Rights and Interests of Consumers"introduced, and after"the Product Liability Law""Anti-Unfair Competition Law"and a series of related legal system in the process of gradually perfecting. However, we should clearly understand that, with the rapid development of China's economy , the current"Law on the Protection of the Rights and Interests of Consumers"as well as relevant laws in the adjustment of the consumer and business consumption relations have been significantly delayed. With China's accession to the World Trade Organization, The economy of China will be further integrated into the world in all directions to the large unified market, in this situation, if we do not speed up the process of consumer protection, consumer rights and interests against the issue will become even more prominent.The author believes that the interests of consumers refers to the rights of the consumers in accordance with the law and the protection of the rights of consumers, its core is the rights of the consumers. Along with the development of socio-economic and increases of income level, the growing consumer demand for the protection of transactions are in a weak position in the consumer's legitimate rights and interests, and social and economic order, effective in promoting the healthy development of market economy, the protection of consumer rights at the global level will be pay much more attention.This paper focuses on perfecting China's consumer protection legislation in several research. 1,there are several problems of "consumer" definition. the concept about consumers is too general to define in"Law on the Protection of the Rights and Interests of Consumers", this law for consumers in the actual operation of that scale are difficult to grasp, not conducive to the protection of the rights of the consumers. 2,format consumption exist problems about the contract. Consumer format contract is the product of the pursuit of economic efficiency, but operators in the pursuit of their own interests, such as provisions in the contract to reduce or waive their own responsibility "Overlord terms" ,seriously damage the legitimate rights and interests of the consumers. 3, there are several problems in terms of product liability. It lacks relevant studies on"the product recall system"in China, the legislation is also very incomplete. Up to now, there are not a complete relevant law. 4, the consumer disputes procedural matters. consumer safeguard their rights through Judicial proceedings in accordance with the law. At present, the main consumer lawsuits filed by individual consumers and consumer groups did not apply to the arbitration procedures, the existing legal system no longer meet the practical needs of consumers rights. 5, it exist problems about the Consumer Association of the specific mode of operation. Despite China's consumer associations play an important role in protecting the interests of consumers, consumer associations also far unable to meet the requirements of protection of consumer rights.