Chinese Consumer Disputes Adr Mode Selection And System Construction

Along with the economic system reform and the diversification of the market main body, entrepreneurs' nature of pursuing profit maximization expands, consumption disputes arise, and the protection of consumer interests has become increasingly prominent. Compared with general civil dispute, consumption disputes appear continuously and involve small amount, so it's unimaginable to resolve them mainly rely on litigation. We must fully and properly play alternative dispute resolution (ADR) in the consumption disputes resolution in an important role. Based on practical applications and construction of the ADR system, three parts of this issue was discussed in this paper.In the first part, I summarize the content, values and characteristics of ADR, point out that the advantage of ADR including high efficiency and less cost, and introduce the main forms of the ADR including negotiations, mediation, and arbitration, as well as their main form of derivative.In the second part, through summing up the characteristics of consumption disputes, I point out that ADR has an advantage to resolve consumption disputes appropriately. Based on further analysis of China's legal system background in which the ADR pattern of consumption disputes will be established, I point out that the basic legal system of the protection of consumer rights and interests has become established, however, it would be difficult to use by consumers because of the lack of procedure legislation. Then this paper introduces four ADR methods in resolving consumption disputes, including negotiating with entrepreneur, requesting Consumers' Association for mediation, appealing to administrative organ and submitting disputes to arbitration organization according to arbitration agreement. These ADR methods have their deficiencies in the practical application, and the current domestic scholars address these shortcomings of a number of valuable opinions and ideas which are briefly card in this paper. In the third part, I propose three standards of the construction of China's consumption disputes and a rough classification to consumption disputes has been done. On this basis, I summarize and dialectically absorb the existing research results. Finally, the basic thoughts have been presented on the construction of China's ADR of consumption disputes and discussed in detail: respecting and encouraging reconciliation; pinpointing the role of the Consumers' Association and continuing to strengthen the existing mediation function; establishing the specialized administrative agencies of the grass-roots in resolving consumption disputes; assessing objectively the actual performance and design costs of Arbitration model and conducting a feasibility study deeply.