A Study On The Particularity Of Consumer Contracts

A market economy is an economy that specifies the rights of the consumer. As abond between consumers and operators, there is no doubt that consumer contractsplay a very important role for both of them. Facing the reality that there is a big gap,which including information force, negotiation force, between consumers andoperators, the particularity of consumer contracts is obvious. Against this backdrop,starting from the definition of consumer contract, this paper will study on the possiblemethods to protect the rights of consumers among making a consumer contract,judging the consumer contract details, performing the consumer contract.The definition of a consumer contract is the precondition of studying onconsumer contracts. And the definition of a consumer contract should be done fromthe main role of the parties to a contract. There are two standards should be metedwhen we judge who is a consumer. One is that a consumer should be a naturalpersons, another is that the purpose of the natural person’s purchase behavior is forliving. When we judge the purpose of the natural person’s purchase behavior, weshould insist on the theory of objective behavior, which is as long as the buyers’behavior is not to seek profits, we should judge it as a living consumption. There arealso two standards should be meted when we judge who is an operator. One is that thepurpose of the behavior of him or her is not for living, another is that the oppositeparty of this person should be a consumer. Only the behavior of the operator has adirect or indirect relationship with consumers can we judge him or her as an operator.Considering the particularity of consumer contracts, we should control themfrom the following three aspects during the he process of making a consumer contract.First, we should make a specialized constraint on the process of making a consumercontract. In the macro level, adding a cause clause in the contract law, which couldmake a transition to Consumer Protection Law to make special regulations. In themicro level, we should make comprehensive regulations to regulate the process frommaking a consumer contract to performing it. Second, on the cognizance of the formof the contract and the force of it, as long as there is no situation of ineffective, we should admit it as a contract in principle, and take the defects of did not providecorresponding form as the defects of performing. What we should do is replenishingthe form of the consumer contract. Third, we can impose Forced continuous systemon the process of making a consumer contract and delay the agreed time for sometime to make the two sides complete their obligations.Considering that the content of consumer contracts mostly are standard clauses,the control of the content of consumer contracts can be meted via control the standardclauses. First, to define the content of consumer contracts, operators should completethe obligation of the disclosure of standard clauses, and consumers should approve ofputting in the standard clauses. On the interpretation of standard clauses, we shouldinsist on the principles of usual understanding, the principles of go againstcontract-makers, the principles of individual agreement should be given priority.Second, if want to control the content of consumer contracts, we should identify whatis ineffective in consumer contracts. From the general sense, we should adhere to thefollowing two standards. One is that whether it deflects the individual clauses or not,another is that whether it violates the principle of good faith. From the specific sense,we need detailed division of the liability of operator and define detailed standards toconfirm the invalid clauses.In the process of performing the consumer contracts, what is unique is via givingthe right of withdrawal to consumers to protect the rights of them. But, on definingthe range of the application of the right of withdrawal of consumers, we should relaxthe standards under the premise of strict control, and define the failure time of theright of withdrawal, and prevent the abuse of the right of withdrawal of consumers. Atthe same time, match the Small Claims Procedure and The Consumer Public WelfareLawsuit System to defend the performing of consumer contracts. What we should addis that the improper act of consumer groups should be cancelled or the qualificationsof it should be cancelled.