The Comparison Of The Provisions Of The Scope Of "Consumer" Between Regions

There are some questions about Consumers, Rights and Interests Protection Law in China on the provisions of the scope of "consumer". On the subject scope of consumer, whether the consumer refers only to natural person, or the unit is included isn't clear; For the subjective purpose, the judgment of the life consumption lacks clear standards; On the consumption object, whether the educational, medical service should be subject to Consumers' Rights and Interests Protection Law is not regulated.In the regulations formulated by different provinces, on the subject scope of consumer, only one province stipulates that consumers refer only to natural person,about one-third of the provinces' regulations recognize that the unit is consumer. The rest of the provinces either take the similar statement with Consumers' Rights and Interests Protection Law,which is not specify the subject scope of consumer,or don't make provision for consumer. On the judgment of the life consumption, almost all the provinces'regulations don't refer to it. Only ZheJiang's regulation mentions that "If operators should bear the double compensation burden because of providing fake and shoddy goods, they can't relieve their responsibility on the grounds that consumers buy too much". It suggests that they don't support the idea to determine the person who buys false goods with intention by the number of goods purchased by the purchaser in ZheJiang. Whether the educational, medical service should be subject to Consumers' Rights and Interests Protection Law, in response to the issue, many provinces' regulations make the distinction to make the different provisions. The approach can provide a very meaningful reference for the supplement and refinement of Consumers' Rights and Interests Protection Law.Referencing to the regulations formulated by the provinces and the relevant theoretical views,on the provisions of the scope of "consumer",I think that,firstly,the unit should be included in the scope. It will be more suitable for the purpose of the law and better to protect the consumers. What's more, more provinces' regulations recognize this point. Although some provinces' regulations don't specify or make provision for consumer, it doesn't mean that these provinces' regulations deny it.Secondly, on the judgment of the life consumption, especially for the person who buys false goods with intention, the regulations(draft) introduced by State Administration for Industry and Commerce don't recognize the person who buys false goods with intention as consumer,however,it is difficult to judge the purchasers'intention,and the buyers' intention will not affect the operator's subject malignance,what's more, the person who buys false goods with intention can purify the market environment. In view of the problems, it may be more reasonable to recognize the person who buys false goods with intention. Lastly, whether the educational, medical service should be subject to Consumers' Rights and Interests Protection Law, some provinces' regulations provide a useful reference. For the educational service, the non-welfare, for-profit, non-diploma education can be included. For the medical service, for-profit medical institutions or the non-fundamental medical service offered by the non-profit medical institutions can be subject to Consumers' Rights and Interests Protection Law.