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Consumer Concept Research

Posted on:2019-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q HuangFull Text:PDF
GTID:2436330545970522Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of our country's economy,the national income has increased gradually,the standard of living is also increasing,and more attention is paid to the protection of rights and interests in life consumption.However,with the growth of the volume of the consumer market,the scale of the operator is increasing,the inequality between operators and consumers is also more significant,and the possibility of infringement of consumer rights and interests has increased significantly." Law of the PRC on the Protection of the Rights and Interests of Consumers" has undergone two changes since its adoption,and the system of consumer rights has been gradually improved.However,consumers are still not clearly defined,with the development of various industries,the consumption problem has increased dramatically.Therefore,the group category that the consumer refers to and what the consumer concept is needs to be determined.Starting from the comparative analysis of two classic cases,the article guides the problem of "same case different judgments" caused by the unclear concept of "consumers".This article explores the necessity of defining the concept of consumers from three aspects,and the consumer is in a disadvantaged position relative to the operator because of the existence of information asymmetry,adverse selection and opportunistic behavior,and litigation cost constraints;in the legislation,the scope of the subject is not consistent,the scope of the object is very different,and the setting of the behavior necessary condition is vague;there are many differences in judicial practice;there are differences in judging the subject scope,object scope and determination of the behavior necessary condition.Through the comparison of the concept of foreign consumers,this article finds beneficial experience in terms of subject scope,object scope and behavior necessary condition.Through the full analysis of the concept of the consumer,first of all,this article restrict the identification scope of consumers by increasing the recognition of operators.Secondly,according to the unit has the non production consumption demand,which are still in a weak position in non productive consumption,and the reasons for the identity of the unit are recognized in legislation,this article demonstrates that consumers should include not only individuals but also units.Thirdly,the determination of goods and services as objects,the article holds that the attitude of open legislation should be held,and puts forward the necessary condition standard of the object should be consumed by the terminal market,and the medical and health services,educational services and financial services,which are controversial in the theoretical field,are concretely determined.Finally,this article believes that living consumption is one of the necessary connotations of the right to development,the expansion of the connotation of the right to development has expanded the connotation of "living consumption",and legislation can not adopt rigid legislation for the connotation of the right to development.Defining the behavior necessary condition of "living consumption" with the purpose of non management avoids the rigidity of legislation,which has many other advantages at the same time.The consumer identity of the man who knows what he bought is a fake is affirmed.The article further clarified the behavior necessary condition based on the needs of consumers and the behavior of business operators.
Keywords/Search Tags:consumers, concepts, main elements, object necessary condition, behavior necessary condition
PDF Full Text Request
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