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On The Consumers' Right To Legal Protection

Posted on:2008-06-20Degree:MasterType:Thesis
Country:ChinaCandidate:J X DouFull Text:PDF
GTID:2206360242972136Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Consumer's life rely on the market much more than ever during the modern market economy term, however facing increasingly complicated product, it is difficult for the consumers to estimate the value of commodities and service, as well as it is hard for the consumers to use them properly by their experience and common sense. The relationship between the consumer and the proprietor is a kind of trade relation of professional to unprofessional people. Proprietors know very well about the commodities' technical character, the market, the client's psychology, and are also skilled in vendition. Nevertheless the consumers know little about the knowledge of the commodity and the service, and most information they obtain is distorted. Consumers are hard to avoid be controlled by proprietors. They often sign unfair trade contract. Besides, the enhancement of the technique would increase the gap of their status. Consumers cannot win the fair ending at all by themselves once their interests damaged. Therefore, it is of necessity to establish the relevant system to complement the disadvantage of consumers in the possession of information. In the thesis, the author tries to analysis the origin, connotation, implement method, remedy approach and legal responsibility of the right to know of consumers.As the production of unequal information under this market economy condition, the right to know of consumers is a private right in the modern civil law. It refers to the right to obtain or get to know the information, knowledge or other things about the commodities and service while he or she buying goods or service. It includes the right of requiring indication, the right of inquiry and the right of getting the real information.In the thesis, the author tries to summarize the main behavior of harming the right to know of consumers by a group of questionnaire data and discuss the main problem of protecting the right to know of consumers in our country though the legislation, the administration and the society reasons, such as the limitation of implement method, remedy approach and legal responsibility of the right to know of consumers.The author appraises the system and content of the legislation of protecting the right to know of consumers and point out that the Consumer's Right and Interests Protection Law lacks of common principle and related rules in other laws are repeating and conflicting. The protecting of the right to know of consumers is hard to be put into effect because of the lack of the obligation of throwing daylight on information compulsively, remedy approach and legal responsibility.Therefore, the author put forward that we must perfect the system of protecting the right to know of consumers in our law. We can constitute the particular Consumers Policy Law directing the enforcement of the law of the right to know of consumers. At the same time, we can also add and perfect the rules related to protecting the right to know of consumers in our Civil Law, extend the connotation of the right to know of consumers and perfect implement method, remedy approach and legal responsibility of the right to know of consumers.
Keywords/Search Tags:the right to know of consumers, protect, implement method, remedy approach
PDF Full Text Request
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