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A Study On Consumer Protection System Of South Africa

Posted on:2012-06-20Degree:MasterType:Thesis
Country:ChinaCandidate:L XuFull Text:PDF
GTID:2216330338971870Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
South Africa as the the most economically developed countries in African continent, have close trade exchange with China. In order to better protect our citizens'interests and achieve goals of economic activities,we must pay much attention to the consumer protection law of South Africa. However, there is no introduction and study of South Africa consumer protection law in China. In the era of economic integration and globalization ,China's scholar research on consumer protection law in South Africa should be strengthened .Consumer protection regime in South Africa has experienced a long period of time,the end of apartheid in South Africa ,offers the possibility in protection of consumer rights in South Africa.Since the establishment of the new government , South Africa has promulgated a series of single law to protect the right of consumers.In 2009 South Africa enacted the Consumer Protection Act ,which refer various countries'consumer protection legislation experience,and modify their domestic legal framework.Consumer Protection Act is the core of the consumer protection legal system.Consumer Protection Act united the standards of provinces.In order to establish a fair,orderly,healthy consumer market ,the Act constraints the irrational market behavior and set up dispute settlement mechanism.The legislative system of the consumer protection act is complete,comprehensive,including substantial contents and procedural system.The main substantial contents include the concept of consumers,consumer rights and supplier obligations.The Consumer Protection Act set a strict liability regime,the supplier's obligation to protect consumer change from tradition obligation,such as consumer fair,safe goods and services to new obligations,e.g.responsibility for promoting environmental protection.The procedural system introduces the functions of the consumer organizations,which in charge of supervision of the law enforcement,including the National Consumer Commission, National Credit Regulator,provincial consumer protection organizations and non-governmental organizations.In the dispute settlement mechanism ,the South African government pay much attention to the use of non-litigation settlement.National Consumer Council as a new body ,play an important role in handling complaints and mediation.Arbitration and administrative appeals accelerated the resolution of consumer disputes.In addition,litigation as a final remedy can provide judicial protection for consumer ,which is the key of the factors of affecting the effectiveness of the law.South Africa used to be a serious racist country ,in order to eliminate the impact of racial discrimination ,South Africa vigorously develop its economy ,attach great importance to legislation of national human rights.The work of improvingof legislation of consumer protection ,the implimenting of equal protection for consumers and creating a good market environment for consumers ,not only reflects the improtance of human rights ,but also can further the economic development in South Africa.This article aims to reveal the consumer protection legal system in South Africa, and to reduce economic losses of the Chinese businessmen in South Africa,as well as to inspire the Chinses scholars about their legislation technology and legislative experience.
Keywords/Search Tags:South Africa, the Consumer Protection Act, consumer rights, National Consumer Commission
PDF Full Text Request
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