| Since January 7,2015 China(Shanghai)Pilot Free Trade Zone officially open,the total of parallel imported cars growth rapid in the pilot ports across the mainland.The parallel imported cars attract the vast number of consumers by the obvious price advantage.However,the parallel imported cars market face embarrassing situation as followed:limited choice of vehicle source for consumers;quality certification system imperfect;difficulty in aftermarket maintenance,warranty,rights and recall and other aspects of.Therefore,China must improve the legal system which related to the consumers' rights of parallel imported cars',aim to further break the monopoly position of foreign brand cars channel companies in the cars sales and after-sales maintenance market.On the basis of elaborating the basic theory of parallel imported cars,this paper analyzes the shortcomings and shortcomings of the legal system of parallel imports of automobile consumers in China.By drawing lessons from the successful experiences of foreign countries,this paper puts forward the law of improving the protection of consumers' system recommendations.In addition to the introduction and conclusion,this paper mainly consists of the following four chapters:Chapter 1:The basic theory of parallel imported cars and its development.This chapter first introduces the basic content of the parallel import theory,its research progress and the legal basis of the parallel importation of China's automobile.Then,based on the present situation of the parallel imported automobile market in China,the main problems are analyzed:the difficulty for identification upon the quality of the core components,the problem of cars into the 4S shop repair difficult and quality assurance and so on.Chapter 2:Achievements and Defects in the Protection of Consumer Rights and Interests of Parallel Imported Automobile in China.This paper focuses on the analysis of the institutional defects of the existing parallel imported automobile consumers'rights protection,and analyzes the defects of the system:first,the choice of consumers and the rights to know the security;secondly,the automobile quality certification and recall system is not perfect;after-sales maintenance and cars quality assurance system is not established;finally,the absence of the associations for parallel imported automobile industry and the single way of consumers' rights.Chapter 3:Comparative Analysis of Legislation and Practice of Protection of Consumers' Rights and Interests in Parallel Imported Automobile.There are three parts in this chapter:first,the analysis of the customer' right protection in EU,secondly part analyzes the law of protection of automobile consumers' rights and interests in the federal and states of the United States of America,and focuses on the"lemon" laws of the states;thirdly,analyzes the laws and regulations of automobile consumers' rights and interests in the United States,This paper analyzes the law of protect the rights and interests of consumers of parallel imports in Japan,mainly analyzes the synergistic combination of defective automobile recall system and FAIA in Japan.Chapter 4:Reflections on Perfecting the Legal System of Protecting Consumers'Rights and Interests in China's Parallel Imported Automobile.First of all,to expand the scope of the brand cars imports,and strengthen the disclosure of car information;Secondly,improve the quality certification standards and quality certification system,the construction of recall legislation for defect parallel imported cars,import and export of consumer goods;thirdly,break the monopoly of cars brand channel companies in after-sell maintenance and clear the liability entity for cars "three grantee" legislation,finally,the construction of a national parallel import cars industry associations,to change the service concept of consumer associations. |
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