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The Maturity Of Domestic Litigation Proceedings Of Consumer Protection

Posted on:2011-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
GTID:2166360305981257Subject:Law
Abstract/Summary:PDF Full Text Request
The exposure of Sanlu inferior milk powder had pricked out the beautiful painted skin of domestic diary tycoons in 2008,March.However,what was coming next stroke people more violently.Being counted as ones of the very best,the enterprises lost their balance to profits when facing consumers.Their frenzied thirsts for interests beat responsibilities they should shoulder.According to official statistics,the inferior milk powder led to 290,000 cases of disorder of urinary system,6 victims of which died.After hubbubs landed,what the incident left us was not only the exposure of confusion in that diary industry,the failure and serious dereliction of duty of General Administration of Quality Supervision,but also how we could protect the numerous victims by law.Though, from the perspective of substantive law,there were Consumer Protection Law and Product Quality Law and other certain articles ,rules,and judicial interpretations,which can be counted as tools for victims' suing,how to exactly start that lawsuit and how to operate from the prosecution to judgment still remained vague.Hence,there was an emergence to discuss the issue of the maturity of legislation on consumer protection from the angle of procedure law,which laid the point of this thesis.This thesis was comprised of four parts,every of which was expounded in order.The first part made a review on the campaign of consumer protection.Afterwards came the analysis and classification of consumer protection legislations,which were defined as lawsuits started when disputes occurred about merchandises or services between procedures,service-providers and consumers.At the end of this part,qualities of consumer protection legislation had been talked about.The second part made a comparison on the present procedures for consumer protection abroad with the aim of learning from others strong points to offset our own deficiencies.The third part analysed the procedure which showed its quality of being used to protect massive consumers when they decided to start a lawsuit.The forth part was set on the foundations of its former parts,which tried to integrate the strong points of procedures home and abroad to bring about a more mature procedure. Compared with the items introduced before,the author drew a conclusion that the procedure law of consumer protection could be insisted of Small Claims Procedure and Consumer groups in the proceedings.
Keywords/Search Tags:Consumer Litigation, Lawsuit of representatives, Class action
PDF Full Text Request
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