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Research On Consumers’ Right To Know Protection

Posted on:2015-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:B M HuFull Text:PDF
GTID:2296330431455794Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In today’s society, with the division of consumer information and social progressincreasingly sophisticated technology, goods and services more mastered by operators,consumers are increasingly disadvantaged in terms of access to information,consumers to know much people pay attention. The consumer ’s right to know is thebasic position of the consumer in the power system, the other rights can besuccessfully achieved the premise and guarantee. The consumer ’s right to know isconducive to compensate for the smooth realization of asymmetric information,reduce transaction risks, stimulate consumption, giving consumers the right to knowthe full protection of great significance for the maintenance of the socialist marketeconomic order and the promotion of economic development. By the end of2013toimplement a20-year-old "Consumer Protection Law" ushered in the first large-scalemodification, the modified law of no reason to return, the provisions of punitivedamages, and other public interest litigation has been amended and supplemented,sparked intense interest and extensive discussion of consumers. Right of protectionfor consumers focused on "Consumer Protection Law"," Anti-Unfair CompetitionLaw","Advertising Law","Product Quality Law "," Food Safety Law " and otherlaws for consumers right to make supplementary provisions, to protect consumers’right to form a relatively complete legal system. However, the right to know the caseagainst consumers in large numbers from the side reflects the current reality there aresome shortcomings and deficiencies system. These defects and deficiencies showedthe following aspects: First, there is a big loophole in the legislation, the rapiddevelopment of China’s economy has led to a lot of the original law have suffered theembarrassment of the lag in the practical needs of the phenomenon, especiallyparticularly in terms of online shopping severe; secondly to protect the consumer ’sright to know law enforcement law enforcement diversification, the division of powerbetween the departments of unknown lack of coordination in dealing with specificcases lax enforcement; third in the consumer ’s right to know against the protectiverole of the judiciary after being obvious, the high cost of consumer rights so thatconsumers often prohibitive; forces last consumer associations and other socialorganizations are ignored, no operators to carry out effective community supervision.To overcome these shortcomings, allowing consumers to truly implement the right toknow, and we should learn from the successful experience of foreign countries,combined with China ’s national conditions improve. I think: first, to improve legislation and increased operator information disclosure obligations andresponsibilities, improve the legislation in terms of online shopping, the eradicationof false advertising. Second, the level of law enforcement authorities to be on therestructuring, the establishment of a sound and efficient law enforcement system, andexpand law enforcement powers to increase the operators behavior before, duringsupervision. Third, improve the judicial protection of the consumer ’s right to know,you can create small claims procedure, and further improve the relevant provisions ofpublic interest litigation, you can also play the role of alternative dispute resolutionmechanisms to ensure timely resolution of cases. Fourth, the emphasis on the role ofconsumer organizations, social organizations to increase support for efforts tostrengthen the supervisory role of social media and the like.
Keywords/Search Tags:consumer, right to know, legal protection
PDF Full Text Request
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