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Research The Production About Minor Interests In Family Litigation

Posted on:2013-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:T FengFull Text:PDF
GTID:2246330371489503Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the modern society, the world of consumer issues given sufficient attention, consumer protectionhas become a world trend. But in our country, establish harmonious consumption relations have becomeone of the goal of building a harmonious society. Now, consumption of our country environment not allowhopeful, performance for the fake and inferior commodities prevail; food safety problem highlights;consumer fraud rampant; administrative monopoly seriously. The existing disputes solution due to thedefects of the system design, not in practice, give full play to the role of. So, how to improve China’sconsumer dispute resolution mechanism, let consumer rights approach is more suitable for China’s nationalconditions, has become the focus of attention of the academia and the public. On this premise, this paperfrom the definition of consumer disputes of the concept, analyzes its characteristics and causes, then theconsumer dispute resolution status and mechanism investigation, analysis of China’s dispute settlementmechanism is insufficient, and find out the construction of dispute settlement mechanism principle. Finally,a comprehensive analysis of China’s specific system environment, proposed consummates our countryconsumer disputes specific conception.Part I: an overview of the theory of consumer disputes. Consumer disputes is a special civil dispute, inthe present have modern features, complexity and group, the burden of proof is difficult to make traditionaldispute settlement mechanism is very difficult to resolve. Study of consumer disputes occur reason, wefound, consumer disputes occur inevitably, it is modernization of industry and a national market system isperfect, the social environment, the quality of consumers have close relationship, can be said to resolveconsumer disputes is a system engineering.Part II: our country consumer dispute resolution mechanism present situation and origin analysis of.The author thinks, in China’s consumer dispute resolution of problems are obviously, mainly including twoaspects: on the one hand, consumption infringement is not stopped, our country consumer rights andinterests were seriously damaged. Change a kind of angle to it, it also can be used as the characteristics ofour country consumer disputes. On the other hand, consumer disputes can not be effectively resolved, thisand our country consumer disputes settlement mechanism is not perfected about. As a result of our country consumer dispute resolution mechanism defects in resolving disputes, effect is not ideal, reality also hassubstantial dispute is not resolved.Part III: perfect our country consumer dispute resolution mechanism theory. The design of the systemand improve the need for a country’s specific national condition investigation. Economic and socialdevelopment level, political and judicial system, the quality of judges, consumers, and legal culture andother factors, can be based on its social foundation and realistic conditions, compose is built accord withconsumer choice and institutional background adaptation of an effective system. Thus, in our presentcircumstances, mechanisms of action is the inability of the at least in petty disputes. While theadministrative mechanism can be great, because has the unique function and value, almost with a disputeresolution mechanism should have all the good qualities.Part IV: perfect our country consumer dispute resolution mechanism specific conception. According tothe above analysis, the article put forward to perfect our country consumer dispute resolution mechanism ofrough conception. Consumer dispute mechanism should be mainly embodied in three aspects, namely, howto play the advantages of administrative mechanism; reduce litigation mechanism defect; perfect socialmechanism function. Specifically, our country should set up a high-level consumer dispute resolutionmechanism of consumer disputes,to establish and perfect the system of administrative adjudication inadministrative process mediation mechanism. And for our country’s food safety problems, establish andimprove the consumer goods safety early warning mechanism. Consumer protection needs government,and civil society to play a role, so to improve the consumer social relief mechanism. Mechanisms of actionin the burden and ease the burden was improved, and the introduction of public interest litigation and pettylawsuit system. The establishment of consumer protection system, in order to reduce consumer in burden ofproof and economic burden.
Keywords/Search Tags:consumer disputes, Dispute settlement mechanism, The administrative subject, Consumer litigation
PDF Full Text Request
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