Analyses On Law Of The Concept Of Consumer

The spirit of Chinese "Consumer Protection Law" is to protect consumers tilt, while the theoretical basis of this spirit mainly includes three aspects: First, the information asymmetry. In real life, some people will always be in some areas because of various reasons than others to have more information, and this amount of information to grasp the difference, everyone tends to affect the decisions made and actions that informed of the relevant information fields difference is called asymmetric information. Because operators in terms of information access and control, compared with consumers in a dominant position, the two appeared inevitable in the case of asymmetric information context. Asymmetric information often causes market failure, which gave birth to the "adverse selection" and "moral hazard" two main issues, which would make market players became disorderly behavior, and even overstepped moral shackles, staged a reality version the "jungle Kingdoms", as the weaker party among market players, consumers need protection. Second, the ability to access different information. In the consumer lives, the prevalence of asymmetric information, which are closely connected with the operator and the consumer’s own properties, which is usually due to consumers and operators between both the strength of factors caused by the conditions of market economy, operators are based on their possession and have a variety of information, often in their favor to make business decisions and market behavior. Since the operator in a relatively specific areas of repeated practice, which has accumulated a lot of valuable information, which oftenmakes it possible in the absolute superiority in the consumer transaction process, compared with consumers due to its strength and lack of relevant knowledge and information in the field, in the position of absolute disadvantage in the transaction; third, corrective justice. The reason why the inclination to protect consumers, is corrective justice demands, because the process of consumers in the market transactions which, there is a formal contract between although seemingly justice and operators, but between consumers and business operators information asymmetry and consumers and operators in the ability of poor access to information, this is only seemingly righteous deed that it is difficult to justice. If you are still clinging to the "contract between the parties is the law," the old theory of civil law, rather than intervene and correct, freedom of contract will become empty talk, and even become stronger party operators, "legitimate" interests of consumers against the weak side protection, no doubt, that among justice and civil requirements impressively contrary. In addition, it also consumers in the comparative law legislation was investigated and found that the presence of the following characteristics of the consumer concept in comparative law: First, in terms of the behavior of objects, most countries and regions are to define the consumer, that is, "to non-business or professional purposes," consumer behavior through the reverse way excluded. E.g: In the United States, "US Federal Defect Guarantee Act," consumers will be defined as "non-resale as to the purpose of" consumer goods buyer, but in the United States, "Uniform Commercial Code", and refers to individual consumers, family members or household purposes purchase of personal goods; In the EU, "a number of issues concerning the sale of consumer goods and associated guarantees Directive 1999/44", the consumer is defined as "for their business, for purposes other than business or profession and any natural behavior of the implementation of this Directive to adjust the contractual relationship in. " Furthermore, the EU "Consumer Financial Services Directive 2002/65 Remote", "Consumer Credit Directive 2008/48", etc., we are taking a similar manner defined; In the UK, "consumer protection against unequal Trade Act" and "revocationdecree was signed on the occasion consumers’ homes, workplaces and other contract" will define the concept of consumers as "the implementation of the relevant business outside their occupational category personal behavior, "or" in its contract to trade or occupation with the operators outside the scope of natural persons "; In Taiwan, China, 1994. "Consumer Protection Law" Article II "refers to the consumption of consumers for the purpose of the transaction, use of goods or service recipients." Taiwan’s Consumer Protection Commission Administrative Court were enacted in 1998 and 1999 related to a series "release letter" to "consumption" to give a clear scope, "the so-called consumption, means for non-execution of business or put into production use, no longer used for production sales of the case or to whom final consumption. " Second, the main scope, other than an individual, whether consumers including legal persons and other organizations, different provisions of foreign legislation can be roughly divided into three cases: First, the practice in most EU, Anglo-American and Japan and other countries, they explicitly limited to the consumer natural persons, legal persons and other organizations will be excluded from the scope of consumers. For example, "German Civil Code" Article XIII, a series of EU directives related to consumer, consumer clearly defined as a natural person; Again in Japan 2000 "Consumer Contract Law" Article clearly stipulates that consumers are individuals. Second, the practice of a few countries, consumers will clearly be defined as natural and legal persons. Spain in 1984 as "consumer and user protection law" provisions of article: "Consumers are the ultimate consumer for the purpose, buy what they produce, manufacture or official to private, groups, individuals provide the product or service and legal persons "; Another example is Mexico revised in 2006," "the first paragraph of Article II:" consumer protection Act, consumers, as the ultimate beneficiary refers to the purchase, trade or use of goods or services to individuals and legal. ". Third, the practice of some countries and regions, with general legal "person" concept definition of "consumer" is not explicitly limited to natural persons. Such asSouth Korea and Taiwan of China, it provides that consumers are for personal or household consumption and purchase of goods or services received person. Most scholars believe that Taiwan, the law does not specify when consumers limited to natural persons, institutions, organizations or other organizations engaged in consumer behavior, should also enjoy the rights of consumers. China’s "Consumer Protection Law" is not clearly defined legal concept of consumers, but in the second of the Act establishes the scope of application of the Act, namely "consumers need to purchase consumption, use of goods or receiving services rights and interests protected by this Act. " Based on this provision, our theory for consumer dispute this legal definition of the concept, mainly from the following three aspects: First, the main elements, namely the consumer which contains the body. In this constituent requirements, whether the unit can become consumers, academia lot of controversy; second, the purpose of the behavior of the elements, namely what are called "to life for the purpose of consumption"; third, elements of the object, that is, the range of goods. On the purpose of the act the constituent elements, the purpose of the existence of subjective theories and objective theories purposes, including the purpose of the subjective theories subjective purpose and motivation of the subject purchase goods or receiving services, were also studied in order to determine whether out of "life consumer purposes, "if for" the purpose of living, "the body is identified as consumers, if not for" the purpose of living, "the body can not be identified for consumers. For the "purpose of consumption" of that, there are three main sub-species theory, namely: life rules of thumb that says non-business purposes, the presumption said. Purpose and objective theories believes that "the purpose of living," the subjective components to be inferred from objective behavior related subject, or directly, "the purpose of living," the subjective components become an objective understanding of the constituent elements, from the relevant the nature of the behavior of the main objective point of view, to identify consumers. By objective behavior to identify the subject of consumers, mainly in the following two sub-species theory, namely: said final consumption and consumer applications, said. I believe that due to the "finalconsumption people say," is based on the observation of the macro-structure of the entire transactions drawn on doctrine, coupled with the author believes that the consumer concept of "consumption needs" is an objective constituent elements, this is because under the principle of unity of subjective and objective, transactions by objective external manifestation of that "consumption" meets all the requirements of theoretical research and judicial practice, if supplemented by the Ministry of information asymmetry theory of consumer behavior as a judge constitutes purpose elements of internal standard, which can be out "for the consumption needs" connotation. Elements of the main concepts of the so-called consumer, the consumer is in fact the concept of extension. Our theorists, for extension of consumer disputes mainly- in addition to natural persons outside the body can be a consumer, whether the unit can become a consumer? Our views on this issue in the theory of the formation of two factions, which most scholars believe that only natural persons can become consumers, while a minority view is that consumers include not only natural, but also should include units. I believe that the consumer must be a natural person principle, the reason is: First, the natural person in the course of market transactions are generally weak in the position information; secondly, legal persons and other organizations in the course of trading in the market through the production of information in a strong position; Finally, taking into account the natural persons in the early days due to lack of experience, and in terms of information and access to master a disadvantage, this type of body should also apply mutatis mutandis to the consumer protection law, its tilt protection. For the elements of the object, I believe that the vast majority of goods and services can be applied to China’s "Consumer Protection Act Agreement," because with the development of the times, appears to improve the living standards and a lot of new things, the concept of consumer behavior Objective elements- "for the needs of life," the scope should maintain an open attitude, rather than stick to the background of the beginning of the legislation, lawmakers have also made a corresponding response, modified in 2013, "consumer protection law ", such as onlineshopping and financial services, etc. are being incorporated into the adjustment range of the Act. Based on this, I believe, at this stage, except for part of the conditions permit areas of real estate and other bulk commodities, and real estate services industry, which does not apply to "Consumer Protection Law," other goods and services are to be subject to the "Consumer Protection law " adjustments, because it can better safeguard the legitimate rights and interests of consumers.