On The Consumer's Right To Freedom Of Expression

Along with market economy's unceasing development, relations between the market main body's are more and more complex., the former knowledge and stipulation of law demonstrat its limitation, the consumer rights'protection also faces new linguistic environment. The theorists and the practical realm need to carefully examine its value guidance, and consumer rights'scope and the content of the present legal rule. It is necessary to increase the type of the consumer rights and expand its content according to the social environment , to protect the rights of consumer better.In this paper, the author expressed the meaning and the illustrative case of consumer free espression, analysised the constraining of practition on consumer expressing right because of the flaw of rule, discussed the law value of consumer free expreeion:it's decided by the nature of customer rights, it's tendence of citizen constitution right's development, it's requested by value of law, it's inevitable trend of economic democracy and consumer democracy. At the same time,consumer free expression has economic value : it's performance of"consumer sovereignty",the neccesarry weapon to resist giant company,to increase"consumer surplus"and reduce the asymmetrical information between consumer and operator.Through analysis of thoery, the author believed that the consumer expressing right has redemptive value, excessive limit will creat"chilling effect";it also has first status in right position step. In the praction, if the legislator stipulate it, it can protect this minority groups, enhance the consumer's power of word , heip to build harmonious market supply and demand relations and exert other rights,land the"knowing rihght"and"supervisory right"on feet, help to increase domestic demand and promote the economy development better and faster.Based on this, the author proposed the system construction: according to experience of international legislation,protect consumer's right stressly; enhance the protection in judicial domain: Determine the boundary of consumer expressing right reasonly, request the real degree of expression differently according to the living part ,inverse the responsibility of proofing,change the consistent understanding in judicial praction, put forward the proposal on how to protect the right of consumer ,especially the consumer expressing right ,expect this paper could change the ignoring of the present theory and the practice limit in now time .