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The Discussion On The Effective Protection Of The Right To Know Of Consumers In The Perspective Of The Economic Law

Posted on:2011-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:Q FengFull Text:PDF
GTID:2166360305481431Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The protection of the right to know of consumers is being discussed in jurisprudence all the time. As the Market Economy is developing, the complicated ways of market transactions make the realization of the right to know of consumers be new challenges. The structure of consumers' awareness and the quantum of related information gained from the operator determine that the right to know of consumers should be given legal protection in high degree. The right to know of consumers is the basis of the realization of other rights of consumers, thus the protection of country legislation thus assumes the responsibility to protect the right to know of consumers, because of the right to know of consumers becomes the important issue in the protection of the interests of consumer. There are some shortcomings existing in our current consumers' protection legislative system. Conflicts between the provisions of China's industry product's packaging and the protection of the right to know of consumers is a typical example. Court deals with cases about the protection of the right to know of consumers by the idea of the traditional Civil Law duty model and makes consumers lose the lawsuit. Thus this paper just discusses at the beginning of the problems existing in the result of the specific cases of the right to know of consumers, through an analysis of the legal protection saturation and jurisprudence of the right to know of the consumers, we will construct the effective protection mode of the right to know of consumers in China in Economic Law perspective, then put forward my own ideas to give more effective protection to the right to know of consumers.This paper is divided into five parts.The first part is introduction, just mainly introduces the main writing purpose ,meaning and writing ideas of this article.The second part proposes the case and problem, this part mainly discusses key issues discussed in this paper through two typical cases that the cigarette production date marking and Liu Xuejuan v. Le Jin company, just to discuss the shortcomings of the traditional Civil Law duty model protection of the right to know of consumers, then there is the necessity to propose to establish the Economic Law protection mode.The third part is the protection of the consumers' interests of knowing information: the pros and cons analysis of the traditional Civil Law duty model protection of the right to know of consumers. First, introduce the traditional Civil Law duty model protection of the right to know of consumers just protects the consumers' interests of knowing information. Then we evaluate the traditional Civil Law duty model protection of the right to know of consumers from the positive and negative aspects. The traditional Civil Law duty model protection of the right to know of consumers has been unable to meet the new requirements proposed by the modern Market Economy development.The forth part is from the consumers' interests of knowing information to the right to know of consumers: the transcendence from Economic Law protection mode to the traditional Civil Law duty protection model of the right to know of consumers. It mainly discusses the legal basis and Economic Law essence of the right to know of consumers as Economic Law right, and discusses the concepts, values and principles of the Economic Law protection mode of the right to know of consumers effectively.The fifth part is the improvement of protection system of the right to know of the consumers in perspective from Economic Law. First, discuss the whole idea of the Economic Law protection mode. Second, the construction and improvement of Economic Law protection mode, including: The perfection of the operators' information disclosure system; The perfection of the government powers and responsibilities system in information disclosure of product or service; The improvement of consumers' own information responsibility; The improvement of judicial relief system of the right to know of consumers;...
Keywords/Search Tags:The traditional Civil Law duty model protection of the right to know of consumers, Information interest, Right to know of consumers, Economic Law protection
PDF Full Text Request
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