Analysis Of Consumer Rights System In Building A Harmonious Society

Despite consumers rights awareness has greatly improved, the performance of the consumers organization also have been greatly improved, but there is still a big gap between consumer protection and the development of the market economy and the interests of consumers. Therefore, there are still the following questions stated as following:First, the admissibility and means to solve problems are limited. Some of the Non-consumer goods transactions lost fast and efficient means of relief and mediation. In addition, due to the delayed legislation, government has not yet developed quality standards for specific products. Three Guarantees are not included in the scope. Second, scattered consumer organizations causes inefficiency. Too many consumer organizations and lacking of united command and control cause financial and human waste. Pushing difficulties to each other and making different interpretation affected the government's credibility.Third, some of national institutions cause inequality. Some natural monopoly departments use unfair and unreasonable contract format (Terms contract), conventional practices against the interests of consumers.Fourth, the construction of market credit system is to be improved. First, access system has just started, the accessed mains are still imperfect. Some non-licenced businessmen still exist.Unsatisfactory goods, a large number of non-licenced businessman leave hidden quality dangers. Second, many dishonest businessmen cause lead to violations of the rights and interests of consumers. Third, the construction of credit system is to be perfected. Fifth, malicious rights resistance of some manufacturers. Although many vendors openly recognize consumer rights, they set up too many obstacles to increase the cost of consumer rights, and to make consumers to give up rights.Sixth, Some consumers demand non-rational rights. Fraud, malicious returns, as well as threats are means used by some consumers to obtain the huge amount of compensation or for the purpose of complaints.Seventh, asymmetry information is a serious defect. Consumers do not know how to understand commodity information, legal provisions as well as their own rights and interests. They can not obtain evidence effectively, lack of funds to support rights, and tend to suffer the most.Construction of consumer rights system is a systematic work which needs to work together. Following are the ideas based on the practice of the city.(A) The Government lead the construction on the admission- disposal mechanism. In view of the current conflicts admissibility of the department, there is a need for Government to take the lead to establish a unified Reception Center, known as the "social contradictions admission-mediation center", to make convenient for people to complaints. Put the admissibility in large framework of the disposal system covering consumer complaints.(B) Establishing market access prevention system based on sector collaboration,. Various departments cooperate in a law enforcement chain, and work together to build a consumer safety line. Grasping the main access will ensure the accounts of all economic sectors are in the day-to-day supervision. Make a products record firstly to prevent and reduce the number of complaints. Establishing a comprehensive inspection center to reduce testing costs, and make resource sharing.(C) Establishing consumer rights network. Strengthen construction of consumer rights monitoring network, and extend the supervision of Xiaoxie to the rural areas, communities, markets, supermarkets. Increasing of the participation of the public, a large number of social contradictions will be resolved at the grassroots level. "Many in one" has become a way worthy of exploration. First, designing and deciding positiona in all administrative villages and communities to establish a public safety supervisors. Its role is as promoters, the mediator, supervisors, co-ordinators; Second is to employ the person of responsibility and of justice from examination and the recommendation of masses; Third, focus on education and training, through a rotational basis, dissemination of information, and Short Message regularly, enhance the quality and the ability to safeguard their rights. They may learn from combat training, evaluation and training incentives; Fourth, funding and requirements are included in the government's public expenditure, the Government should take a certain amount of funding to give supervisors for annual subsidies.(D)Establish a new system to promote pre-payment system. The mediations always lag behind in disputes. Pre-payment system is aeffective remedy for this defect. The so-called pre-payment system, that is, enterprises, the market operators component "consumer rights fund" to spare. Xiaoxie admiss consumer complaints, conforms the operators fault. When the operator fail to pay timely for various reasons, Xiaoxie may point to "consumer rights fund"to pre-paid to the consumer. This mode of operation is the process: Contract norms, set up special accounts, sound, standardized operation and regular training.(E) Build public consumer education system by people's participation. Government must lead consumer education to make consumers have a better ability to safeguard. First, training a team for high-quality consumer rights. Second, make a positive guidance through the media, and other means. Third, more ways to deepen their rights education. Fourth, the elderly and the youth are the major two groups to be educated.(F)Clean up consumer environment by strengthening supervision. Cleaning up the market is an important part of promoting consumption. The operators is indispensable mains of building a harmonious consumption environment. It also needs an external supervision. First, the supervision of government. is important. Second, Comments on business practices are to be exposed. Third, fine-grained norms in the name of jointly departments are as reference standards for disposal of complaints. Fourth, using deterrent force of executive power to promote consumer mediation.(G) Promote the credit review system by collective effort. To reduce the number of complaints rate, the implementation of a credit system is important . Gradually form a system of credit collection evaluation, feedback, publicity and disclosure, rewards and punishments. It is a long-term mechanism for supervision. The municipal government set up Credit Office, put the relevant units into one, which will be responsible for the issuance of business licenses from the industrial and commercial sectors. The office will develop classification criteria of credit ratings, as well as regulatory processes, collect credit information, credit rating, credit monitoring, feedback and the disclosure of credit, credit and incentive services, credit review and adjustment, and other rules. To ensure operations to self-discipline through the establishment of Credit feedback system. At the same time, protect the consumer's right to know and the right to choose. through a public disclosure system.(H) Open green access for consumer protection. Eestablish a consumer protection mechanism under the lead of government, combined with judicial mediation. Use legal, policy, economic, and administrative means and education, consultation, divert, and other methods, to resolve the contradictions in the grass-roots level. First, establishing the arbitral tribunal, absorbing and training Xiaoxie staff for arbitrators; Second, establish consumer protection workstations, employing welfare volunteer and lawyers to provide free legal advice to consumers. Third, establish consumer dispute resolution Court, employing Xiaoxie mediators to reduce administrative costs, improve administrative efficiency; Fourth, establish consumer disputes Circuit Court simplify the procedure by employing Xiaoxie staff for the jurors, to resolve consumer disputes jointly with the People's Court.