Study On The Civil Protection Mechanisms Of The Consumer Interests

At present, China is in the stage that economy develops rapidly, people’s livingstandard continues to improve. At the same time, variety of action of violation can not berepeated, and the indisputable fact which consumer have difficulty to protect their rights,also exists. All this shows that country’s legal system to protect the interests of consumersis still not complete, especially as the most powerful means of protection of consumerrights and interests, which is the Civil Protection Mechanism, is far from perfect. Chinarevised the "Consumer Protection Law" in2013, which is the first revision which theabove law carried out in the16years. This modification not only makes country furtherimprove the application of the system of punitive damages but also include the system ofthe consumer’s mind damages in the fist time, which make significant meaning for theconsumer’s rights and interests. To resolve consumer disputes and make efforts toeliminate factors of disharmony, our country need further improve consumer protectionlegislation and judicial relief. And this is the basis of building a harmonious society.Therefore, the research has great significance for interests of consumers Civil ProtectionMechanism.This paper, starting from the point of view of civil law, combined with the advancedconcepts of consumer protection and gave perfect proposal for the current series ofquestions in the field of consumption. Firstly, literature analysis and empirical methods beutilized, from the background of the Civil Protection Mechanism that is interests ofconsumers, and discussed the importance of Civil Protection Mechanism for the protectionof consumers’ legal rights and interests; secondly, legal theory is utilized. Conception ofthe consumer, connotation of the consumer of the rights and interests, and the special valueof the Civil Law for consumer is explained by some experts; thirdly, comparative analysisbe utilized. The paper analyzed the Civil Protection Mechanism that is from abroad andsummarized perfect reference content; at last, the methods of deduction and reasoning beutilized. The paper combined with the advanced foreign conception, and resolved current problem of the Civil Protection Mechanism, and gave improved suggestions what ispunitive damages, mental damage and judicial and non-judicial relief mechanism.Pre-provisions and subsequent should be combined in order to realize the maximization ofconsumers’ rights and interests.