Analysis On The Legal Regulation Of Minimum Consumption Setting

The minimum consumption setting behavior is widespread in the consumption sector of our country,and there is a great controversy of its legitimacy in the judicial practice,the legal theory circle and the economic theory circle.In the perspective of the doctrine of law in contract law and consumer protection law,using the invalid standard clauses in contract law to deny the legitimacy of minimum consumption setting is lack of reasonableness.The key point of its legitimacy is to analyze and balance consumer's rights of choosing and fair bargain and entrepreneur's right of operational autonomy.By discussing consumer's decision-making behavior when they face minimum consumption,which is based on an empirical research and the theory of behavioral economics,and utilizing the study of legal economics and law-policy as theoretical basis,we can balance these three rights from the aspect of social science law.On one hand,when the market is in fierce competition and is easy to enter,the law may deregulate the price;On the other hand,in imperfectly competitive market,we should solve the problem by investigating its monopoly position in the market,the number of entrepreneurs and consumers' negotiation ability.Therefore,in order to achieve the common optimization of the interests of consumers and entrepreneurs,legal intervention may set different regulation means for different situations.