The Protection Of Consumers' Rights In Used Cars

In recent years,with the development of used cars' market in China and the sales of used cars grow steadily.Plus the needs of the rigid requirements and used cars' price advantages,used cars' consumption has become a new consuming hot spot.But due to problems with bad condition of quality,the being cheated phenomenon in used cars' consumers also continue to occur,leading to that their legal rights and interests can not be guaranteed,which results in used cars' consumer disputes in the administrative appeals and judicial litigation are also increasing.How to finely protect the consumers' legitimate rights and interests in actual transactions has become an urgent thing that matters much.In order to solve this problem nicely,this thesis will be discussed from four parts.The first part of this thesis starts with factual basis and legal basis for the used cars' consumer protection,which is divided into two parts.Firstly,from two aspects to explain the reality reason of protecting used cars' consumers,one is necessity of protection and the other is special characteristic.The necessity of protection includes the number of used cars' trading volume and the amount of administrative appeals and judicial litigation disputes.And the need of special protection of used cars' contributes to analyze the facts on the basis of protection.Secondly,The legal basis is standing in the used car consumers' point of view,listing applicable laws and regulations,with the level of effectiveness is divided into legal level and administrative normative level.In addition,something need to be special explained is the national standard about second-hand car.The second part is that analyzing the statue of the interests of used cars' consumers has been damaged.The main problems include that the first asymmetric information is the main fraud,which caused by that businessmen want to maximize their own interests by concealing the problem of car condition quality.Followed by identification and assessment is not in place,which leads to damaging consumers' rights.The problem above mainly caused by that the accuracy of identification assessment is not high,and accreditation reports have low acceptance.And then the businessman's dishonesty behavior is serious,among them the used car brokerage company is most outstanding.Finally,the high cost of consumer litigating behavior makes protecting consumers' rights difficultly.The third part of the thesis analyzes the reasons for damaging used car consumers' rights.First of all,the main content of the applicable laws and regulations lack punitive content,which results in low costs associated with marketing behaviors.Secondly,relying solely on the operator's conscious honesty to disclose information unilaterally results in opaque transaction information.Thirdly,the absence of appraisal standards and imperfect facilities.Finally,consumers lack the other useful channels to safeguarding rights besides the lawsuit.The fourth part of the thesis puts up with the improvement measures of protecting the used car consumers.First of all,beginning with the guiding ideology of protecting the used car consumers' rights and interests.In the guidance of the principles above,firstly,from the consumers' point of view,it is a good idea to strengthen the used car appraisal mechanism construction and establish a nationwide public second-hand car information network,which is in order to protect the consumer's right of knowing and even bargain right.So that consumers can transparently buy used cars.Secondly,standing in the perspective of used cars' operators,the used cars' brokerage company's business practices need to be regulated because of their dishonesty market transactions.Finally,in view of the high cost of consumer rights litigation,something need to be proposed is that reducing the cost of rights litigation and broadening the channels of guarding consumers' rights and interests in used cars.