A Study On Application Of Non-Judicial Mediation On Resolution Of Consumer Disputes

The Central Committee of Communist Party of China has raised the goal toconstruct a harmonious society since recent years. In such circumstance, how to resolvedisputes is so important. Consumers and sellers have been always the two sides ofcontradiction since human society entered commodity society. Consumer disputes emergeendlessly, especially in nowadays phase. How to perfect the mechanism of consumerdisputes resolution, and settle consumer disputes actively so as to protect consumer'slegal rights and interests, is an important part of construction harmonious society. Thereare 1.3 billion populations in our country; almost everyone consumes everyday, so theconsumer disputes cannot be avoided. Consumer dispute is also such an unbalanceddispute that strength of both sides is distinct dissymmetric, so to which should be takenmore attention. People's Republic China Consumer Protection Law (hereinafter calledConsumer Law), maybe based on such a legislation principle, has endowed 9 rights forconsumer and no obligations, and has ordained 8 obligations for seller and no rights.Though substantial law has regulated in detail for consumer protection, it is moreimportant that whether rapid, economical and effective disputes resolution mechanism isafforded to achieve the good goal stipulated in substantial law. Consumer Law hasregulated 5 kinds of approaches to resolve consumer disputes. But, in practice, the mainlyadopted approaches are consumer association mediation and administration mediation.Because neither of the mediation agreement has enforcing force, the author calls themnon-judicial mediation. The two kinds of mediation mechanism have been playing a greatdeal in the field of consumer protection in our country, and have resolved a lot of consumer disputes. But with the development of economy society, the two kinds ofmediation mechanism can't play the best of their role in practice, which also results insome resources waste. The non-judicial resolution mechanism of consumer disputes isstill imperfect, the problem will be studied in associate with the author's work experienceand thought in this paper.Apart from introduction and epilogue, the paper is mainly divided into four parts,about 47,300 words.Part one, theory about non-judicial mediation. Introduce the concept of mechanism,mediation, and the non-judicial mediation mechanism which is used abroad in resolutionof consumer disputes in our country, namely consumer association mediation andadministration mediation.Part two, positive analysis of two kinds of non-judicial mediation mechanism inconsumer disputes resolution, taking two mechanisms in Guangzhou for example. Firstly,introduce the development of two kinds of mediation institutions in Guangzhou, thengeneralize and analyze several advantages of the non-judicial mediation mechanism, andanalyze several problems in associate with practice.Part Three, foreign experience. Introduce popular non-judicial mediationmechanisms of consumer disputes in the world, and take the United States, Germany,Japan, etc. representative countries for example, illustrate their non-judicial mediationorganization, procedure and practice about consumer disputes, and analyze them a littlecontrast with our country practice.Part four, thought on perfection of non-judicial mediation in consumer disputesresolution. In combination of resolving preamble problems, give some suggestions onhow to let non-judicial mediation mechanism play best in consumer disputes resolution,and to construct perfect consumer disputes resolution mechanism.