Can Look Forward To The Interests Of Discretion And The Restrictions There

Consumers can look forward to the interests of legal remedies, many scholars believe that "consumer protection law" is particularly Law, so refuse to use "civil law" and "Contract Law" can look forward to the interests of the provisions of Can easily think of is that consumers and business relationship between the rights and obligations in itself is a very pure Is the contractual relationship may be contractual obligations may be just the first contractual obligations, so in the interests of consumers Protection law, the interests of consumers can look forward to the provisions of the law still exist gaps, only through contract Act to protect consumer interests, the paper wants to look forward to the interests of consumers, to the right of consumers Economic benefits from the perspective of protection for a certain try.This study focused on the consumer’s rights in the interests of consumers can expect up, so that attention can better protect the rights of consumers. Our "Consumer Protection Act" is on the consumer in the process of commodity trading to protect the interests of existing reality, but omit the interests of consumers can look forward to the identification and protection. This is mainly because of the current protection of the interests of consumers can expect in an academic or a lot of controversies, and its lack of qualitative understanding of unity.In the Consumer Protection Act, sales of commercial advertising and promotional materials the content of different fuzzy or deposit does not constitute an offer to the seller but sell advertising against the principle of good faith, should bear the relevant responsibilities, may consider fault liability on Buyer be remedied. In the contract to provide consumers with certain commitments are not fulfilled in the performance, but does not affect the contract, the interests of consumers can expect of how to protect it? This will be discussed in this paper the problem. his paper is divided into four chapters, each chapter of the following:The first chapter is the protection of the interests of consumers can expect to conduct a preliminary understanding, because consumers can look forward to the interests of itself have a lot of doctrinal disputes, and lack of uniformity of their qualitative understanding of why this chapter aims to In the interests of consumers can look forward to the necessary protection. First, from the start of a typical case of the Supreme Court, Gansu Hung Lai Yuen Trade Co., Ltd. and Gansu integrity Wire&Cable Co., Ltd. of the lease contract disputes, make a. House leasing contract, the lessor default, the lessee can not lead normal business whether he should compensate the lessee incurred during the closure of wages?2. Lease contract, the lessor breach of contract, whether he should receive compensation for the profits of the original tenants? Then discuss the interests of consumers can expect the need to protect, from three aspects, the first point of interest on the consumers looking to protect the legal environment, the second angle to protect the interests of consumers can expect the significance of where it is. The third part of this chapter right Xiaofeizheke expectant benefit to the academic analysis of the first Mingque consumers can look forward to the legal relation between the interests yes, discussed the contract on this basis of fault liability protection of the interests can be expected, and contract breach duty to protect the benefits can be expected.The second chapter is the legitimacy of the interests of consumers can look forward to the analysis, I believe that if consumers can look forward to the interests of itself does not have legitimacy, the law of course, there is no need for their protection, and Moreover itself is a highly controversial problems. Compensation benefits can be expected in the "Contract Law" Section113was provided after the contract has been damaged due to breach the rights of compensation does have legal protection, but this provision in the complex and diverse forms of reality in the real application up is very confusing, some cases are really hilarious to read. That the majority of the judicial workers have a very urgent problem, that is, under what circumstances, we can apply this provision in what cases and can not apply? This chapter can start looking forward to the beginning elements of the composition of interest can be expectedEssential Elements of interest are divided into legal and valid contract, damages in contract performance from the stage of the breach caused harm results not from the damaged side of the first caused by the breach. The second part of this chapter is to protect the interests of consumers can look forward to a contractual relationship is proposed based on the interests of consumers can look forward to the principle of liability, which includes contract law, contracting negligence, breach of contract and equitable economic law liability. Finally, the author briefly describes the legislative interests of consumers can look forward to the principle that the interests of consumers can look forward to the protection of contract law should reflect its economic law on the basis of the principle.The third chapter is to propose the interests of consumers can look forward and solve legal problems, the author in the shoulders of our predecessors saw the interests of our country to protect consumers can look forward to some legal issues, and put forward their own solution to the views of the legal construct various subsequent Razing the road. First of all, the interests of consumers can look forward to with particularity, the particularity of the consumers can look forward to not only consider the protection of the interests of consumer protection, also can not ignore the autonomy to his, according to the principles of contract law and the Comprehensive Economic consider measures to enable us to achieve substantial consumer protection fair. The second part of this chapter is to discuss the issue on the scope of compensation and reparation, as social life, complex, difficult to have a good definition of the scope of compensation, in this law can only give general direction and give judges free discretion. Then discusses the calculation of the interests of consumers can look forward, we are an interest to protect, the rule of law should be to have a full sex, first according to the law on the interests of consumers can look forward to the calculation of the amount of compensation include calculation methods and Calculation of the specific interests can be expected. Consumers can look forward to the protection of the interests of not unlimited, the final chapter discusses the interests of consumers can look forward to the protection of the restricted rules, foremost of which is predictable rules, other rules also reduce the damage and loss offset rules.Chapter IV is the last part, mainly to protect the interests of consumers can look forward to a prospect, that is. build the rule of law. First of all, after a long passage before the arguments, the paper proposes the protection of the interests of consumers can expect is reasonable, but as a law of the country want a real implementation can not rely on behind closed doors, this is because the law keep up time social practice, combined with real life to serve the community.Therefore, the protection of the interests of consumers can look forward with reasonable while still feasible, otherwise you will make in the course of law enforcement even greater waste of resources to more harm than good. Then, the chapter on the current laws of our country can look forward to the interests of consumers and their lack of legal remedies is illustrated in this paper put forward the views of the last few build the rule of law.1. Clearly the interests of consumers can be expected to protect;2. Fault liability protection for the interests of consumers;3. Would be limited to the interests of consumers can look forward to the scope and calculation of compensation;4. The possible benefits are more than reasonable and foreseeable losses allocation of the burden of proof;5. give full consideration to the consumer’s personal factors.