Validity And Its Reflection Of The Administrative Law Enforcement In The Protection Of Consumer Rights And Interests

Fair and honest transaction, safe and orderly market are not only the commonaspiration of the majority of consumers, but also the important conditions ofpromotion economic development and maintenance social stability. Since the reformand opening up, with the progress of the society and the gradual development ofmarket economy, people’s consumption concept and consumption level have beengreatly improved. Arriving in succession is some unscrupulous operators lost theirmorality under the drive of interests. The phenomena such as the market order flood,the product quality defects, counterfeit rampant, price not match the actual,advertisement false propaganda and food safety problems are common occurrences,consumer rights and interests have been violated frequently. Compared with theoperators, consumers are vulnerable group, so how to preferably safeguard thelegitimate rights and interests of consumer, and weigh the relationship between theconsumers and business operators, which give administrative law enforcementdepartments very big test.Under this great background, in order to prevent the inundant market order, toensure the market transactions of fairness and integrity, to safeguard the legitimaterights and interests of consumers, the state has successively formulated a number ofrelated laws and regulations, consumer associations and the12315hotline, hasaccepted and solved multiple cases of consumer complaints and reports. In recentyears, the business sector has periodically regulated markets, and carried out a numberof consumer rights protection publicity and education activities. Admittedly, thesemeasures have indeed achieved some success. However, in the law enforcementbehavior of law enforcement agencies in the aspects of the consumer rights andinterests protection, there are still some limitations，such as fake and shoddy products,are still despite repeated prohibitions. And failure to abide by the law, enforcementimproper, illegal administration, poor management, dereliction of duty and otherphenomena also exist to varying degrees. Therefore, law enforcement agencies needself supervision, education learning and rectification of style. Only to doadministration according to law, to enforce law for the people, can law enforcementagencies better safeguard the legitimate rights and interests of consumers.This paper based on the topic of the administrative law enforcement validity in the protection of consumer rights and interests, conducts five parts of itscomprehensive exposition. Through the analysis of the system, it hopes to make upfor the inadequacies of the administrative law enforcement departments insafeguarding consumer rights and interests, and to find out the crux of the problem soas to solve it.The first part explains the basic theory of the protection of consumer rights andinterests, summarizes the concept and embodiment of the protection of consumerrights and interests, and introduces the functions of administrative law enforcementdepartments in the protection of consumer rights and interests.The second part mainly analyzes the current situation of our country’s consumerrights and interests protection. From three aspects, including the consumer rights andinterests protection legislation, industry and commerce administrative lawenforcement and consumer associations, it introduces the emergence and developmentof our country’s consumer rights and interests protection. It also describes the presentsituation of consumer rights and interests protection legislation, and analyzes theeffectiveness and the lack of strength of the behavior that administrative lawenforcement departments show in consumer safeguarding rights.The third part analyzes the validity of industry and commerce law enforcementagencies in protecting consumer rights and interests. This part detailedly andindividually analyzes the validity mainly from the food areas, market areas, touristareas, TV shopping and online shopping areas, and explains the necessity of theirvalidity analysis.The fourth part mainly around the protection of consumer rights and interests toanalyze the problems existing in the administrative department behavior, and to putforward the reasons causing their problems.The fifth part analyzes the current situation of consumer protection at home andabroad, and shall be compared. It summarizes the experiences and the use forreference that some foreign developed countries’ consumer rights and interestsprotection given to our country, and proposes the countermeasures to optimize theexecutive branch in consumer rights and interests protection.