On The Legal Protection Of The Rights And Interests Of The Automobile Consumer In China

The automobile industry in China starts late and has a rapid development. The current "Law of the protection of consumer rights and interests" and "Product Quality Law" and other contents cannot completely meet the specialized legislative requirements caused by the characteristics of automotive products, the phenomenon that the lives and property safety of the consumers have suffered great damages in the consumption process of the automotive products. This can not only infringe upon the legal rights of the consumer groups, but also be a hinder in the benign development of the automobile industry in China.The consumer protection system of the automotive products should include the following parts. Firstly is to make the laws and regulations sound and owe adequate effectiveness. Secondly is to make a variety of channels for relief effective and reasonably distributed. Thirdly is to improve and make full use of the consumer organizations. Compared with the foreign consumer protection system of automotive products, there are still some problems in the related field in China, such as the low illegal cost of the producers and sellers because of the flawed system, the high protection cost because of the lack of relief channels, and great gap between the trading advantages of both sides because of the failure of the consumer organization in achieving its supposed function. This paper has discussed from the above three aspects, through the comparison and summarizing of the foreign advanced system, and put forward the suggestions for improvement of the current "Law of the protection of consumer rights and interests" and the coming "Provisions on responsibility for the repair, replacement and return of household automotive products".The body of this article can be divide into four parts. In the first part, the author has made a conceptual introduction of the specialty of the consumption of the automotive products in China and the difference between the consumer protection of automotive products and the general consumer protection.In the second part, it focuses on the characteristics of the automotive products and the special legal protection problems caused by the characteristics, pointing out the lack of the institution in this field.In the third part, it attempts to analyze the advanced institution and experience of the consumer protection of the automobile industry which are accumulated in the development of the developed Western countries. Through the comparative analysis between the institutions of the Lemon law, CAMVAP and punitive damages and the current related system in our country, this paper has made a rational and scientific value judgment from the perspective of the legislative and judicial. Besides, this paper has made a cut interaction from the perspective of the necessity of the reference of the advanced experience of the relevant areas in the developed countries, through a combination of the existing system, summed up a transformation way that can reasonably be applied to the current consumer protection of the automotive products in China.In the fourth part, considering the above contents, the paper has made an adjustment application of the current related laws and regulations such as "Law of the protection of consumer rights and interests" and "Product Quality Law" on the consumer protection in the field of automotive products consumption, and put forward reasonable proposals for the problems that what should the consumer organizations play a role in the field of automotive products consumption to help consumers protect their own interests, and then further made a feasibility study on the above contents.