Research On The Effectiveness Of Shop Notice

Shop notice is a file which often applied to the practice of business operators andconsumers in the process of trading, for the convenience of business operators toexpress their certain declaration of will. It is applicated in various kind of business,and the content is relatively complex. Shop notice is often abused to the consumer. Itis a harm to the right of Safety, Information and the fair trading right and other. Whenfaced with a variety of shop notices, most consumers are not able to correctlyunderstand whether it is effective and what kind of effect it has. This kind of situation,is obviously bad for the protection of rights and interests of consumers, and thenational regulation of market operation.This article mainly demonstrates the legal effect of shop notices, through thevalue analysis, comparative analysis and semantic analysis, logic analysis method toanalyze the legal attribute of shop notice in the first place. Classify acts according towhether it is civil juristic act. Then discussed the factors that affect the legal effect ofshop notice. Typed analysis was used to research the notices which are controversial,to determine the effectiveness of the various types of shop notices.The revised Law ofthe PRC on the Protection of the Rights and Interests of Consumers has been formallyimplemented in March15,2014, which is beneficial for shop notice. Several changeshas been made and it has been embodied in this article.Hopefully, this article can beused in practice for guiding how to handle the issues relative to shop notices.In addition to the abstract, the introduction and conclusion, the text is dividedinto three chapters in this paper.Is a brief introduction is as followsThe first chapter: the first combination of practice and all kinds of existing views,puts forward the concept of shop notices, and analyzes the characteristics of shopnotices.After the dmain shop notices are classified according to the content, in orderto convenient for the understanding and research of shop notices.According to thecontent, the main shop notices is divided into reminder type shop notices, additionalobligations shop notices, constraints, promised shop notices, exemption shop noticesand access rules shop notices of five.Then analyzes the legal attribute of shop notices, think property relationship changes in shop notices of unilateral legal act unilaterallypromised;Shop notices are people on both sides of the legal property changes inbehavior and able to in the contract constitute the standard clauses of the contract.Atthis point, in the first chapter studied the legal attribute of shop notices and analyzeand give the answer.Chapter ii: first, it has made the analysis of the general factors that affect shopnotices;And then to can be used as a standard term into the consumer contract shopnotices are analyzed from four aspects: first, to consumer reasonable prompt formatterms;Second, the reasonable way consumers can understand the content of formatterms;Third, make necessary instructions to format terms;Fourth, consumers agreedformat terms into a contract.Only to achieve the above requirements of the notice ofthe shop, as a standard term into the consumer contract.Later, the author of unilateralpromise to class shop notices effective condition has carried on the simple analysis.Atthe end of this chapter, the paper discusses the revised "consumer rights and interestsprotects a law" affect shop notices effectiveness.The third chapter: this chapter according to the classification of the foregoingshop notices, mainly for some in the process of social practice and judicial practicehave some controversial problems typing the validity of the analysis andresearch.First of all, represented by "false a compensate ten" type constraintcommitment shop notices has made the analysis.The author believes that "false onepenalty ten" this notice as unilateral promise is effective, its shoulds not be deemed asinvalid or identified as the contract liquidated damages clauses and the compensationamount limitation, also should not be restricted to the provisions of article49of theoriginal "elimination", and increase the amount of the compensation is limited to2times the amount of money.Second, the represented by "no bring drinks" additionalobligations shop notices to make analysis, thought the shop notices excessive increasethe obligations of consumers, the infringement of the choice of consumers and fairtrading right, run counter to the spirit of freedom of contract, is invalid.After therepresented by "goods sold shall not be responsible for a type of relief shop notices tomake analysis, concluded that it violated the original" elimination "the provisions ofarticle24," reduce, exempt from "the operator shall bear the civil liability of the damage the legitimate rights and interests of consumers.