Observe The Consumer Rights Protection From The12315Administrative Rights Protection Practices In Food Industry Of China

As a basic human survival and reproduction of material, food safety is related tothe vital interests of consumers. A lot of major food safety incidents have exposedChina’s food security system vulnerabilities. Consumers’ legitimate rights andinterests can not be effectively guaranteed. The main responsibilities of thedepartment of administration for industry and commerce is to protect the rights ofconsumers. In order to change the status quo, the12315administrative rightsprotection system was pushed forward progressively in recent years. Under thepurpose of legitimating rights and interests of consumers,12315adhere to the highefficiency operation mechanism, service commitment and enthusiasm service.However, there are many problems in consumer protection legislation andinstitutional system, which resulting in consumers’ rights protection couldn’t becarried out smoothly.By the integrated use of literature, correlation method, example analysis method,this paper was divided into the following four parts:(1)First chapter elaborated the concept of food safety, the definition and the mainrights of food consumers. According to the characteristics of the food problem, theperformances of the damaged consumers’ rights were summed up in this part,including the violation of consumers’ health, not instantaneous damage, unequal statusin sale transaction, and small amount of money. Then we had explained and comparedfive legal ways: settlement, mediation, arbitration, appeal and litigation. Finally, theadministrative complaint of this paper was reflected–consumers’ administrativecomplaint in food industry safety.(2)The development process, function, operation status and characteristics of12315was introduced. There was summary of difficulty in administrative rights work,based on fields of mediation basis, cost of protection, mediation effect and rightsawareness. These difficulties mainly included hysteretic laws and regulations, thehigh cost of rights, weak legal consciousness and the unknown mediation effect.(3)In this chapter, the advanced experiences of developed countries and regions in consumer rights protection were discussed and compared. Learning the food safetylegal system, function of consumer protection organization, and consuming disputesettlement mechanism of United States, Germany and EU, this study providedvaluable experiences for food consuming dispute in China.(4)As a breakthrough,12315administration problems were learned. Drawing onadvanced work methods of developed areas, the suggestions of food safety consumingprotection was proposed. These suggestions included perfecting the legislation ofcompensation for spiritual damages, punitive damages and protection of the right toknow; the promotion of rapid settlement mechanism of small claims disputes, takingthe reversal of burden of proof, setting up public government monitoring center,increasing the group litigation, adjusting system of litigation mediation, andcompleting the multi-party coordination work.