Research On Dispute Settlement Mechanism Of Foreign Consumption

With the trend of globalization, China's economy gradually enters into the world market, and the foreign consumers are everywhere. As a result, consumer disputes increase substantially. Owing to unsymmetrical information resources and market position, though consumers have become a integral part of the market, their legitimate interests continue to be hurt by unscrupulous trader. And because of the differences on economy, politics, history, and other traditional factors, each country's regulations for consumer protection are also different. So even for the same foreign consumption case could lead to different judgments, which is inconsistent with equity and justice, and makes the consumers confused. Therefore, in order to provide effective legal protection for consumers, there's a need to further study on dispute settlement mechanism of foreign consumption.Although there are many remedies in our countries to protect consumers' rights, the actual effect is unsatisfied. Interests of consumers still can't be safeguard properly. Therefore, there is a need to consider whether those traditional means are still effective nowadays. If not, we can learn from other countries'ways to settle consumption dispute. Considering China's current situation and characteristics of consumption disputes today, we must further study on consumption dispute settlement mechanism for the purpose to ensure that our customers can be treated equally.Accordingly, the text is divided into four parts.The first part sketches out main foreign consumption dispute settlement mechanism. It firstly defines the concept of international consumption, its characteristics and source of consumption dispute settlement, providing a theoretical basis for the construction of the foreign consumption dispute settlement mechanism.The second part is about the current situation of foreign consumption dispute settlement and legislation in our country. With the development of economy, the international civil and commercial exchanges increased frequently and consumption disputes emerged exceedingly. China is facing so many challenges that it is necessary to analyses our foreign consumption dispute settlement mechanisms and the related legal system, such as alternative dispute resolution (ADR) mechanism, product responsibility lawsuit and relevant legislation, thereby improving foreign consumption dispute settlement mechanism in China.The third part is a comparative analysis on consumption dispute settlement mechanism of different countries, which is mainly taking about the judicial channels (such as small claims court, class action, etc.) and quasi-judicial channels (consumption arbitration etc.), and some special consumption dispute settlement mechanism in developed countries.The fourth part is the experiences and lessons from foreign consumer dispute resolution mechanism. By drawing on foreign experience in consumption dispute resolution, we can pick up the most beneficial consumer protection methods in China. We can set up alternative dispute resolution mechanism, establishing special foreign consumption litigation institution, and building appropriate foreign consumption dispute settlement mechanism suitable for our harmonious society.