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On The Legal Regulation About Problems Chinese Consumer's

Posted on:2011-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:X C ChenFull Text:PDF
GTID:2166360305463788Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Existence and development are two major topics of human life around which all of people's activities center. However, as the development of commercial economy and because of various subjective and objective factors, consumer's rights and interests have been infringed by business operators during their provision of commodities and services, posing a grave threat to consumers'health and safety that can not be neglected. Particularly, economic globalization is internationalizing this problem. Since China now is still at the primary stage of market economy, in dealing with the relationship between economic development and consumer protection, government pays more attention to the former. And because our legal system concerning market regulations are not sound enough, we sometimes are unable to standardize the market order and market entities (especially business operator). Meanwhile, economic development and scientific progress have expanded and aggregated the situation with research on protecting consumer's rights and interests incomplete, legislation being explored and law enforcement and judicial need to be promoted. Therefore, timely relief is unavailable when consumer's rights and interests are invaded. Also, the worsening common problem has brought a lot of adverse effects to economic development and social progress. In modern society, we pursue "Consumer Rights" and "Man Oriented", thus, it is very necessary to discuss legal regulations on consumer protection.Issues about consumers exist in all market economies. Researches and discussions on this issue led by some developed countries and regions (especially USA, Japan and United States) have achieved fruitful results, showing that market disorder is the vital reason results in the problem which, in return, forces government legislation and regulations toward market. The concept of legal regulation has been clearly defined from a broad and narrow sense by the famous Japanese economist Kim Ze Yoshio who also puts problems about consumers as important text for state intervening economy and restricting market order.Chinese government has attached great importance on problems concerning consumers at the very beginning and some theorists have discussed actively about this issue. For example, Li Changqi,Qi Duojun and others regard it as a social problem originated from infringement by business operators who provide commodities and services. This issue is brought by commercial economy and generalized due to the use of monetary. But technological progress in modern society has worsened the problem and it makes people believe that the situation is basically caused by the limit of human knowledge,imbalanced distribution of information,individual differences among consumer demands and opposite interest between consumers and business operators. From a standpoint of market regulation, we believe that the main cause for legislation of consumer protection is the generality and aggravation of problems concerning consumers. In terms of how to deal with such a problem, most scholars tend to launch researches from an angle of protection of consumer's rights and interests.In my point of view, this issue is a kind of common social phenomena under the circumstances of market economy. Provided there exists commodity production and consuming group, there is no possibility to solve this problem completely. However, on one hand, we can regulate every kind of market entities (especially government and business operators) more effectively through making laws and norms; On the other hand, we should strengthen legislation on protecting consumer's rights and interests as well as perfect protection and relief system. Through all these work, the problems could be put under effective control and reduced to a minimum. Problems concerning consumes arouse in China, also in the context of market economy which is an objective reason indeed, has its own particularity. Therefore, we should deeply explore it from the view of social factors,ideological roots,legal reasons, etc. Meanwhile, in my view, it is not enough only to pursue post relief from consumer's stand if we want to control this situation essentially, we should combine it with the causes and status quo of this problem, refer to the foreign advanced experiences and effectively regulate business operator activities and standardize market order. And only by doing so, can we effectively address both symptoms and causes of this problem.
Keywords/Search Tags:Consumer, Problems concerning consumers, Causes, Status quo, System improvement
PDF Full Text Request
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