Research On The Cost Of Consumer Protection In Damages

In the high-speed development of economy and the gradual improvement of consumption level,the necessity,urgency and importance of the protection of consumers' rights and interests are becoming more and more prominent.Nowadays plenty of countries form the basic principle of protection of consumer rights and interests through legislation,provide the fundamental rights of consumers and operators,set up the department of the protection of the rights and interests of consumers,clear consumer dispute solution,etc.Though we can find "necessary expenses" in the Contract law,Consumer protection law and Regulations on replacement of goods for partial goods repair and replacement,there is no explicit regulation on necessary expenses.In judicial practice,we can see the judge have different attitude to the same case,why? How should the necessary expenses be determined to be more accurate? How should the subject of the necessary expenses be deemed to be more appropriate? How to allocate the necessary expenses more reasonable? This article will expound three kinds of theory,and explore the related factors influencing the necessary fees,make a further analysis on the basis of combining with the relevant laws and regulations about the necessary fees.through the attitude held by a court in the judicial practice and the reasons,find the answer above questions.The article is divided into four departments,aiming at the problem of the necessary fees of consumer protection.The first part,discusses the three theories of consumer rights protection expense,and analyzes the factors influencing the necessary fees for consideration: such as consumer incline protection,cost comparison of rights protection and the moral risk of consumers,thus laying the foundation for perfecting the necessary cost bearing mechanism for the following construction.The second part,analyze the relevant laws and regulations necessary with the relevant case,summarize the necessary expenses to bear in the relevant provisions of laws and regulations,respectively summarize from three aspects: liability for breach of contract,tort liability and punitive damages.The third part,Based on the collected 40 samples,it summarizes the difference between the necessary cost of consumer proposition and the necessary cost of the court judgment;Court subject to necessary fees from three ways(necessary fees shall be borne by the consumers themselves,necessary fees shall be borne by the operator and necessary fees should be Shared between the operators and consumers)and analyze its inappropriateness;Finally,the paper analyzes the irrational between the necessary expense judgment and the undertaking.The fourth part,Based on the above analysis,the author proposes to improve the necessary cost assumption mechanism.First,define the necessary expenses: what is the necessary cost and the scope of the necessary expenses;Then it is clear that the necessary expenses should be undertake by the operator;Finally,the author puts forward that reasonable distribution should be carried out on the necessary expenses in the case of the three responsibilities: tort liability,liability for breach of contract and punitive compensation liability.