On Consumer Right

With the development of economy, people realize the importance of rights. And the legal protection for consumer’s rights increasingly improved by the promotion of constant consumer movements. However, lean meat powder, leather milk, stained bread, ultrahigh price haircut, slow express delivery, mobile arbitrary charges and other similar issues are constantly straining the frayed nerves of consumers and test government’s administration and social governance capacity. Whereas Chinese "Consumer Protection Law"(hereinafter referred to as "the Law") was enacted in1993, there comes out more and more requirements to the Law for the deeply development of the market-oriented economy and social reality. As China is promoting the amendment movement to the Law, it is a proper opportunity to rebuild the legal protection system of consumer’s right (hereinafter referred to as "the Right"). The article herein focuses on the study of consumer’s right and restructures the system of consumer’s right. First, analyze the developing process of the Right in accordance with the history of the Right and gain the new characteristics of the Right which is different from the traditional civil law, by analyzing the key stage of the era before the Right, the establishment of the Right and the time when separated with civil rights. In accordance with the study above-mentioned, by analyzing the Right’s characters, state that the consumer’s right is adjusted by the economic law and belongs to the human rights. At the same time, it shows the characters like inequality in rights and obligations, the Right structure with relationships and conflicts.In consideration of the characters of the Right, hereof this article suggests to add consumer’credit right and rescission right into the consumer’s right structure after comparing with the nine rights refered in "the law". Finally the article proposes that the judicial proceedings is best for the achievements for consumers’rights and promote to build the judicial proceedings for small object and consumer’s public interest litigation system by analyzing the defective of implement of the Right. The purpose of the article is to provide useful reference to the new "Consumer Protection Law".