Study On The Legitimate Status Of Consumer Organizations

Consumer Organizations, autonomously founded by the consumers, are such social communities withaims to safeguard their own interests and benefits. They are the products of consumers discharging theirrights to freedom of association, especially as not only the important part of social intermediate body incustomer field but also the compensation to the double-malfunction of commodity market objects. Thedevelopment of the commodity economy contributes to the disjunction of consumers class and proprietorsclass, but also breeds some unfair-phenomenon against the interests of consumers. With frequentoccurrence of violations of their interest and benefits, consumers gradually become mature from ignorantconsumption toward conscious and organized consumption, and also realize the necessity of expressing andprotecting their interests and benefits with the aid of power of organizations. And with the reformationdeepening of privatization of public administration, the Government forwardly considers to exit from someover-regulated fields, which provides an urgent necessity of nurturing various non-governmentalorganizations to perform the functions of supplying the public services and goods under the special statusof contraction of all-powerful government. So consumer organizations become such non-profitable andnon-governmental communities with their unique autonomy and independence to safeguard interests andbenefits of consumers. They are playing an irreplaceable role in solving consumptive issues such as, theexistence of asymmetric information, unequal economic status, etc. Thus consumer organizations enjoytheir flourish in the context of the disillusion of their collectivistic consciousness and the privatization ofpublic administration. Then the rapid development endures from the rise in1890s to the post-World War IIand then till the establishment of International Consumer Federation in1960, which marks the internationalstage of development arrival. After that, consumer organizations get to constantly improve and perfect indiversified types, functions and mature operations, and is becoming an important civil force to protectinterests and benefits of consumers currently.For consumer organizations speaking, how to extremely represent the interests and benefits ofconsumers and how to effectively influence the Government and enterprises well forward their legal statusinto an extensive social consideration. Foreign consumer organizations are mainly formative of a spontaneously bottom-up model and also touch all aspects of life. Due to their predominant growthenvironment, extensive funding sources, rigorous and perfect internal administration, professional andauthoritative function service, and even powerful supporting and sound leading from the Government, theforeign consumer organizations established and safeguarded their legitimate status of independence andcivil social community in the reiterative practice of widely protecting the consumers. Simultaneously, thelegitimate status influentially promoted their ideal exertion of functions of consumer organizations. InChina, although the independence and legitimate status of consumer organizations is clearly defined in“China’s Consumer Protection Act” and “China Consumers Association”, the factual roles of consumerorganizations are running in the opposite direction legally. Their serious administrative dependency getsexposed completely in reality. Thus they can’t actively carry out any protection work for consumers inreality, instead, sink to be an abettor of government and enterprises. Therefore, it is necessary to make acomparative analysis between the legitimate status of domestic and foreign consumer organizations, andfind out the factors that affect the legitimate status of China’s consumer organizations. Based on thesefactors, the legitimate status of our consumer organizations will get perfect maintenance by the way ofgovernmental reformation, consummation of relevant laws, perfection of internal structure of consumerorganization, improvement of functions, legalization of administration, etc.“So that consumerorganizations finally not only enable to achieve their democratic participation on behalf of collectiveinterests to restrict state power and protect their own benefits, but also enable to channelize and controltheir members’ privileges in case of people’s aggressive behaviors. Moreover, they dare to laterallycoordinate relationship with other communities to realize the final harmonious phenomenon ofunderstanding and trusting each other, extermination of organizational discrimination and balanceddevelopment of society.”This paper is divided into three parts:Part one: The basic concepts of consumer organizations. This part mainly describes the originalmechanism and developing process, the theoretical basis, connotation, legal features, status and functionsof consumer organizations. In addition, a static introduction will be stated to show basic theory ofconsumer organizations.Part two: Investigation of legitimate status of Chinese and foreign consumer organizations. The legitimate status issues are pertinaciously standing in the core position of establishment, governance andfunctional performance of consumer organizations. And their independence and socialization path thepresupposition and guarantee to achieve their final targets. The foreign consumer organizations establishedand deepened their legitimate status of independence and socialization in the process of establishment,governance and cooperation with the Government. Simultaneously, the legitimate status pushes forward allthe protection activities fruitfully to carry. Although the legitimate status of independence and socializationof China’s consumer organizations is expressly stipulated in laws, their luscious administrative dependenceis explored vividly in the process of their establishment, governance and social interaction with government.The comparative analysis of China and foreign consumer organizations will directly point out the factors toaffect the legitimate status of our China’s consumer organizations.Part three: The recommendations to perfect legitimate status of our China’s consumer organizations.Base on the analysis in the second part, this section will suggest that more effective methods will beconsidered, such as, the governmental reformation, building integrated jurisprudence to promote theindependent development of consumer organizations, constructing a polynary and professionalorganizational framework, adjustment of internal administrative structure of consumer organizations,strengthening more ways to carry out their legal functions, etc. with aims to help China’s consumerorganizations to get rid of administrative dependence, and fulfill their independence and socialadministration, and finally consociate the regularity and practicalness of legitimate status of consumerorganizations.