Research On Consumer Association’s Legal Status In China

Since the establishment of the China consumers’ association, as of the date of is tasked with safeguarding legitimate rights and interests of consumers, promote consumer market healthy and stable development of important responsibilities. However with the development of the modern economic society, the expansion in the field of consumption, consumer demand is increasing, while the lack of adequate consumer information and restricted by their own economic situation, make consumers and business operators in the consumer market status inequality, a wide variety of consumer disputes also emerge in endlessly, to safeguard their own lawful rights and interests of consumers, to nonprofit organizations like consumer association’s request is also more and more high.Consumer association organization set up by the government in our country, its staff composition and operational funds also comes from the local governments at various levels, as a "social organization" were not completely independent status, the scope of its organization setup and function, there are many shortage, to protect consumers’ legitimate rights and interests of modern economic and social failed to give full play to its bigger role.Foreign consumer organizations in addition to the organization set up by the government, much by folk spontaneous, government and organization of non-interference in each other at the same time, theseorganizations support, for the government and consumer groups to establish fair cooperation and mutual supervision and the relationship between the platform structures, but also for the organization system of separate operation provides a good guarantee. In addition to government funds to support guide, the profit ability of the consumer groups and professionalism is the key to keeping its independent legal status. The main methods of foreign consumer group in the maintenance of consumers’ rights and interests is mainly through the mass media exposure or to the court on behalf of the consumers, they will also monitor the court trial procedure, pushing for a new consumer protection legislation and regulations come on stage, etc.Although our country law explicitly gives the definition of consumer society is a social organization, but the actual administrative color is significant in safeguarding rights, lack of independence, part consumer association with every legal function, lack of and the system guarantee of the government, enterprises compete, restricted the realization of the function of consumers’ association in our country. By the Anglo-American law system and continental law system countries,therefore, consumers’ rights and interests protection organization, to find the legal status of consumer group advantage, combined with the case indicate the problem of consumer association’s legal status in our country and the necessity of establishing its legal status, through enhancing theScope of its independence, professionalism and functions,maximizing the utility function, to protect the legitimate rights and interests of consumers.