On The Improvement Of The "consumer Protection Law

The perfection of Consumer Protection Act of our country should trace back to the history and look forward to the future. From the history of consumer legislation, consumers' problems are deep social origins of consumer legislation and consumers' movement is its direct social motive power. Under the condition of commodity economy of modern times and contemporary age, the phenomenon that consumers' interests are damaged becomes more and more prominent and it has been a serious social problem during the exchange of commodities. Because consumers are the final demanders of commodity and service and final point of economic system, meanwhile they also determine the production direction of managers, that is, starting point of economic system, consumers' problems finally affect economic basis of the whole society. For striving for social fairness, safeguarding their own rights and interests, as well as defending the interests of all mankind, a kind of organized social movement against damaging consumers, that is, the consumers' movement, directly put forward producing and developing of consumer legislation. From the development trend of consumer legislation of this century, all over the world, it will become more and more complex and concise and penetrate the new field, such as the control to credit transaction, strengthening protection of personnel information, perfecting service management, consolidating environment protection to protect consumers' rights and interests, etc; the development from the business management to mixture of business self-management and national management; the transition from the national protection law to the consumer law; the development to many levels.Pushed forward by national economic system reform and international consumer movement, the consumer movement in our country sprouts, develops and becomes stronger just like bamboo shoots after a spring rain. Consumer protection legal systemregarding Consumer Protection Act as the basic law is pushed forward to produce and develop by the consumer movement in our country, and it has played a great role on defending consumers' rights and interests in our country. Not only does it protect consumers' legal rights and interests, but also wakes up the consciousness of consumers' self-defending rights. In 21 century, many new measurements appear in consumers' rights and interests protection field in our country, such as the conversion of burden of proof in special field, "double return" applies to commercial house issue, etc, but the situation isn't satisfied of consumers' rights and interests protection .As time is going, because of inadequacy of theory and practice while drafting, some problems of Consumer Protection Act have gradually appeared. The more the problems are, the less Consumer Protection Act can fit in with the needs of the society. As China's entering WTO and the deepening of economic system reform, it is inevitable to make further perfection and improvement on the legal system of consumers' rights and interests protection and amend Consumer Protection Act.Consumer Protection Act not only makes special protection to consumers, but also to managers, whose final aim is to safeguard the economic order of the whole society. Therefore, this article sets forth several suggestions that accord with the practical need of present social economic development of our country:1. Make further establishment on Consumer Protection Act the basic law, form the consumer protection legal system regarding Consumer Protection Act as the basic law and make clear national consumer policy must be embodied and put into effect while the laws and regulations are made which are concerned with all national economy.2. Make clear to define the legal concept of "consumer" and " manager" so that it is convenient for law application.3. Make further development on consumers' safe right, knowledge right, private right, dignity right, regret right, etc.4. Establish synthetic coordination mechanism of the work of the consumerprotection and make further stipulation on various practical duties of consumer protection departments. Make further clearness on the measures of consumers' administrative law enforcement.5. Establish group lawsuit system.6. Enlarge the applicable scope of the conversion of burden of proof, lighten consumers' litigation burden. Perfect the system of exemplary damages. Make clear the confirmation of compensation subject, concurrence of liability, the conflict in law application, etc and implement civil duty in the legislation.7. Improve the organization set of consumer association, strengthen education and leading function to it, give it the function of consumers' rights and interests relief and intensify its dependence.