Legal Protection Of Consumer Fair Trading Right

Fair trade serves as an important principle in market economy.During actual business process,fair and orderly trade can not only guarantee immediate interests of customers but also promotes healthy development of market economy.Customers are at a disadvantaged status in market business,so they often encounter infringements of fair trade.For example,business operators sell defected goods at best quality prices,ask for prices out of the market,cheat at prices and metric measurement,and forces customers to conclude transactions with them.These phenomena have seriously infringed customers' right of fair trade.In addition,some of newly-emerging services also tend to violate fair trade right in different forms of consumptions.Driven by social development,consumption demands are also expanded and increased.Some ill-acted business operators encroach on fair trade right of customers by reckless means,which directly disturbs the market economic order and social development.Therefore,legal protection of customers' fair trade right has significant meanings.This paper elaborates on concept,nature and manifestations of customers' fair trade right through comparative analysis,case analysis and literature review.It also discusses forms of infringements and points out the necessity to protect fair trade right of customers.At last,this paper comes up with suggestions for rectification of these problems by drawing experience from relevant foreign laws discussing current problems of China.The first part is introduction.This part introduces background and significance of selecting customers' fair trade right as the research subject.It also talks about current research methodologies and structures both in China and foreign countries.The second part explains fair trade right of customers.This part defines concept,nature and manifestations of fair trade on basis of its legal implications and analyses of different schools of thoughts.In addition,it points out the necessity to protect customers' fair trade right which belongs to the scope of economic laws and provides theoretical basis for the protection.The third part explores relevant laws of foreign countries.This part aims to find a suitable path for Chinese legal protection of customers' fair trade right by introducing American,English and Japanese legal protections of the fair trade right and drawing experience from mature system design of foreign countries.The fourth part analyzes current protections of the fair trade right of Chinese customers,find out four deficiencies in the aspect.Firstly,explanations about implication and behaviors of customers' fair trade right are unclear.Secondly,the dispute settlement mechanism appears unsound in coping with infringements of customers' fair trade right.Thirdly,liabilities imposed on cheating operators are poorly divided.At last,government departments fail to implement comprehensive supervision.Above problems are major but not all deficiencies at current stage of protection of Chinese customers' fair trade right.These deficiencies shall be blamed for repeated infringements and poor protection of customers' fair trade right.This part comes up with well-targeted suggestions by carrying out in-depth analysis about these deficiencies.This fifth part puts forward suggestions for current deficiencies.Firstly,the authority must explain implication of customers' fair trade right.Secondly,it should sound the dispute settlement mechanism,expands litigation subjects of public interest lawsuits,and extends application scope of revered proof burden.Thirdly,it is suggested to improve regulations about liabilities for infringements and perfects penal compensation system,particularly the definition system about fraudulent behaviors and compensation amount.At last,government departments should improve their supervision,clarify their functions and limitations,strengthen their supervision,and regulate their supervision measures.There are few researches about customers' fair trade right after modification of Law on Protection of Rights and Interests of Customers.This paper take the initiative to explore the fair trade right in an all-round way on basis of current legal stipulations.In addition,this paper defines economic legal nature of the fair trade right by analyzing viewpoints of scholars.Then,it also comes up with suggestions for current problems and for imperfect law concerning protection of customers' fair trade right,hoping to promote scientitic and feasible legal protection of customers'fair trade right.At last,this paper combines legal stipulations with actual life and puts forward independent viewpoints through meticulous analysis.During the process of perfecting protection system of customers' fair trade right,we are suggested to focus on practical demands and enhance protection of customers' fair trade right.Limited by extents of information and knowledge,viewpoints of the author also have defects and lacks support of practical cases.By comparing current protections of customers' fair trade right in China and foreign countries,the author provides his insights and viewpoints,hoping to eliminate infringements of the fair trade right and attracting people's attention towards legal protection of customers,fair trade right.My research is expected to serve as a modest spur for others talents to put forward their value viewpoints.