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Japanese Consumer Contract Law And Its Significance On The Consumer Contract System Of China

Posted on:2013-12-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhaoFull Text:PDF
GTID:2246330374474553Subject:Law
Abstract/Summary:PDF Full Text Request
Market economy has changed the life style and enhanced the quality of our livesdrastically. However, the occurrences that damage or unfairly harm the interests ofconsumers have become a universal social problem at the same time. According to thepresent statistics involved in various consumer disputes, the disputes induced byconsumer contract show the highest ratio and a tendency to increase recently. The actsassociated with consumer contract to protect the consumer’s interests are stilldeficient in China. Although there are several clauses about consumer contracts setforth in some acts such as ‘Contract Law’, they cannot be fully applied and meet amore versatile requirement to protect the interests of consumers. In2000, the‘Consumer Contract Act’ was promulgated in Japan that has many similarities withour country on the social and economic issues, which was amended later in2006. Theact formulates the consumer contract system that is consisted of the right of rescission,the nullity of consumer contract clauses and the legal proceedings by consumerorganization. Therefore, to establish and improve our system for protecting consumersby studying the law system of Japan is a potential and effective approach. The paperaims to obtain useful experiences for the purpose of preventing the occurrence ofdamage to other consumers from Japan through reviewing and discussing the‘Consumer Contract Act’ of Japan. This thesis consists four chapters, the contents of which are briefly summarized as follows:Chapter1introduces the background and the purpose for the promulgation of‘Consumer Contract Act’ in Japan, mainly from the perspective of the issues thatconsumers may meet in Japan under the current law system.Chapter2focuses on the basic theory concerning the ‘Consumer Contract Act’ ofJapan. The term ‘Consumer’,‘Business Operator’ and ‘Consumer Contract’ used inthis act are defined in detail, and the characters of the act are discussed as well.Chapter3emphasizes on demonstrating the rescission of the manifestation ofintention to offer or accept a consumer contract. The contents herein involved includethe components, law effects, limitation of the right, and other important matters. Onthe other hand, the thesis tries to compare the rights of rescission by consumers withother cases, such as in civil law theory. Besides, the concept of the nullity ofconsumer contract clauses used in the act is analyzed.On the basis of abovementioned analysis with respect to this act and combinationwith the practical situation in China, chapter4puts forward the viewpoint of theauthor and proposes some advices on improving the consumer contract system ofChina.
Keywords/Search Tags:consumer problem, consumer protection, consumercontract, right of rescission
PDF Full Text Request
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