The Empirical Study Of Consumers’ Rights And Interests Protection In Educational Training

Education training industry is recognized as a rising industry,but in recent years,education training disputes have become more and more in the background of the great training market boom.According to the statistics analysis by the Chinese consumer association,the main problems in the current education training industry include: false propaganda,false promises,the "overlord clause" of the card,the act of violating the legal rights and interests of consumers by means of the format clause,Substandard quality of education,refunded hard prepaid education,the failure of education training institution or the escape of the academic paper and illegal fund-raising by collecting tuition fees.Because of the lack of specific,specific laws,unclear uniform legal application basis,It is impossible for consumers to Sue for damages.How to protect the legitimate rights and interests of education consumers better becomes an urgent problem in the "pre-paid" mode of education consumption transaction.According to the empirical research of consumer protection,the paper mainly probes into the "false propaganda,false promise behavior" and "risk of prepaid education consumption" in education training dispute based on the current situation of education consumer protection in China.This paper deeply analyzes the performance and causes of the false publicity of education training institutions,the problems and causes of pre-paid education consumption,and systematically studies the countermeasures to regulate the false publicity and prepaid consumption risk of education training institutions.The purpose of this article is to effectively curb the illegal behaviors in education consumption transaction,reduce education consumption disputes,and protect the legitimate rights and interests of education consumers.The article will be explained in the following sections:The first part: Taking the typical education dispute case as the starting point,this paper analyzes the focus of the case dispute.So far,the problem in the education training field is the big problem: the fake propaganda and false promise of the education training facility,education’s risk of prepaid consumption mode.The second part: through discussing the meaning,legal characteristics,social harmfulness of false propaganda behavior,summing up the performance of false propaganda behavior of education and training institutions,on this basis,in-depth analysis of the causes of false propaganda behavior of education and training institutions,It also puts forward some countermeasures,such as perfecting the Consumer Rights and interests Protection Law,applying the punitive damages system,perfecting the administrative supervision system,establishing the training industry association,implementing the industry supervision and so on,to regulate the false propaganda behavior of the educational and training institutions.The third part: By discussing the concepts,features and risks of prepaid,This paper points out some problems existing in the education consumption of advance payment in our country,such as the imperfection of laws and regulations,the unclear supervision subject and responsibility,and the lack of integrity of the operators in educational and training institutions.Furthermore,it puts forward some preventive countermeasures from the aspects of perfecting the relevant laws and regulations,clarifying the supervision responsibility,implementing the education consumer security system,strengthening the supervision of consumer associations and guiding consumers to set up the correct consumption concept.The fourth part: through the discussion of the meaning and characteristics of the moral damages,the author deeply analyzes the causes of the difficulty in the determination of the amount of the moral damages of the education consumers in our country,such as the uncertainty of the standard of the determination,the uncertainty of the judgment standard of the serious mental damage,the lack of the punitive compensation rules and the like.It further puts forward a series of measures,such as clear compensation standard and calculation method,comprehensive factors,and establishment of compensation amount.