The Research Of Consumers Rights Protection Law’s Legislative Perfection

The newly revised "Law for Protection of Rights and Interests of Consumers", which acted on March 15,2014 in implementation. The changes newly added some regimes which is helpful to help protect consumers’ rights and interests and improve the level of protecting consumers. After practice proved that this method has been in the use of specific has received the good social effect. But from the perspective of better protecting the legal rights and interests of consumers, there are still some deficiencies of this law, in order to maximize the legitimate rights and interests of consumers to implementation, this paper mainly discusses from four parts.The first part discusses the "Law for Protection of Rights and Interests of Consumers" the background and the amending process, and the key to the standing committee of the National People’s Congress and the law committee of the National People’s Congress legislation about the law review is summarized, from the concept of consumption, consumption structure, it is concluded that the method has great change in patterns of consumption lags far behind the need of reality, thus this paper expounds the necessity and significance of the law revision. And legislation from the law promulgated before the law on the revised program evaluation and review of the rigor and scientific, the legislative measures greatly improve the quality of the legislation and legal enforceability.The second part discusses the legislation of "Law for Protection of Rights and Interests of Consumers" lack of progress and, in particular, the method in solving consumer rights protection, strengthen operator obligations, increase highly such as illegal operator is responsible for the change, and increased consumer regret rights and public interest litigation system, reflects the progress of the legislation. But some of the rules that the law is still reflects a certain lack of legislation, such as the applicable scope of the right to regret too narrow, public interest litigation system provides no specific operating conditions, onus probandi inversion period is shorter, etc. Targeted and operability of this method still has room for improvement.From the third part has no reason to return system, online trading platform provider responsibility and burden of proof and other relevant law analysis of the foreign related legal system related to the protection of consumer rights and interests, has chosen three typical countries were analyzed, and the system of "no reason to return to Japan, Germany, the burden of proof system and the Swedish a cooling-off period of system were introduced, thus discusses our country in the consumer protection legislation work place worthy of learning.Fourth part according to the law still exist problems in practice, combining the current situation of our country and practical, and the foreign related legislation related to the protection of consumer rights and interests, put forward concrete detailed rules for the implementation of refined regret rights, increase the intensity of punitive damages, giving some appropriate authority or other organization or individual filed a public interest litigation qualification of "Law for Protection of Rights and Interests of Consumers" ac.t to improve it.