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Legal Protection Mode Of Consumers Informed Interests And It’s Realize Path

Posted on:2013-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:W DuFull Text:PDF
GTID:2256330401450774Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Practical case proved that the consumer’s right to know system does not a mature,complete, operable legal system. This is mainly because many of the basic theoreticalissues remain unresolved, among them, the most critical is that the consumers’ right togenerate problems. Only cognitive generation of consumer right to know in ordercorrectly locate the consumer’s right to know, and thus to appropriate solution therealization of the right.Existing research directly deduce from the "information asymmetry" to"consumer right to know", it ignored that the formation of a right shall comply withthe development of rights jurisprudence law. Existing research is a simplistic way ofthinking. To Cognitive consumers’ right to generate problems, we must focus onpractice in the jurisprudence on the basis of mathematical analysis. Must doing theanalysis which the basis of the jurisprudence. In accordance Merkel`s theory that theforce of law doctrine about right to the essence, There is from the general interest tothe legal interest, and then to the right development path on legal protection of theinterests. The formation of consumers’ right not and should not deviate from the law.Under the guidance of the theory, the legitimate needs of consumers informed ofcertain consumer goods can be refined, and put forward the concept of informedinterest. The study found that, under the integrated influence of changing socialobjective reality and the legal stage of development which being, the traditional civillaw will be consumer informed interests as a "legal interest", to give protection by theobligations mode. At the same time, Existing case prompted researchers, the legalprotection of Consumer informed interests, there are changing trends to the right toprotection mode from the obligation to protect mode. By analyzing the tradingenvironment of the new situation and new changes in consumer transactions, followthe legal theory logic to discuss, the researchers believe that the law protecting theinterests of informed should be turned to the protection of the rightsInformed interest protected mode change will bring a lot of other consequentialchanges. For example, informed that the expansions of the main obligations of interest,the main obligations are not only operators, including government and consumerorganizations; Increased obligations, borne not only to individual consumers, but alsocollective commitment to consumers. These changes will be brought by a series of legal issues. These problems must be solved; otherwise the law cannot achieve theComprehensive protection of the consumer informed interests.
Keywords/Search Tags:Consumer informed interests, Collateral obligation, Statutory obligations, Consumer right to know
PDF Full Text Request
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