On The Consumer's Right To Claim

On the basis of the previous research, drawing on the experience of developed countries in legislating the consumer guarantee Act, and applying theories of economic and civil law, the author analyzes and studies the institutional establishment and improvement of the process of consumer's rights to compensation claims in China. The methodology of this thesis is a combination of the historical method, comparative study, institutional analysis, and demonstrative and normative analysis.At the beginning of the thesis, the author recalls the historical development of the consumer's right to claim compensation in China, summarizes the basic theories in this field and the relevant regulations of this type of consumer right in existing legal documentation, and discusses the necessity and importance of improving the consumer's right of compensation claim.The author then analyzes the basis of the consumer's right to claim compensation in foreign countries and extracts some valuable knowledge from foreign practices that, from the author's perspective, is applicable to China's circumstances.Based on the above studies, the author finally puts forward corresponding policy suggestions on legislating consumer compensation claims rights. From the perspective of judicial practice, she first suggests establishing small claims courts favorable to consumers; second, she calls for legislating an exemplary loss compensation system; third, she seeks to establish a group litigation system that will further benefit consumers in claming compensation; and finally, the author argues that the mature legal consciousness of people is the key to implementing sound legislation. Therefore, great efforts should be made in promoting both consumer and judicial consciousness of guaranteed consumer rights.