The Realization Of Consumers’ Right Of Independent Choice

During the Chinese economic transformation period, various contradictionscontinue to appear, especially in the area of consume. Consumers and operators aretwo important main body in the market, so how to deal with the relationship betweenthem is a critical subject. For instance, you will be noticed “No outside Beverage”when you have a dinner at the restaurant. Consumers believe that it is a violation oftheir independent choice, which produced a conflict between consumers andoperators.In the first section of this paper, discusses the nature and of the consumers’ rightof independent choice and operators’ right of management.On the one hand, explainsthe laws and regulations of them; On the other hand, analyzes the relationship,similarities,difference between the two body,which the on the basis of characteristicsof power and legal basis.In the second section, analyzes the performance and source of the conflict,between consumers’ right of independent choice and operators’ right of management.Firstly, explains the performance of the conflict, that is operators decline theconsumers’ right of independent choice by format terms and refuse to trade. Analyzesthe opposite interests demands, from the aspect of format terms—consumers and theoffer—operators. Secondly, analyzes the root of the conflict. On the one hand,consumers in a relatively weak position in the relationship; On the other hand, theboundary of the consumers’ right of independent choice is relatively fuzzy.The third section investigates the obstacles of realization. First of all, discussesthe defects of legislation protection for consumers’ right of independent choice,including national legislation protection and local rules and regulations. Secondly,introduces the unbalanced structure of operators’ rights and obligations. Takeself-discipline of the industry association and the operator in a strong position as theimportant.Enter to the fourth section in this paper, discusses the settlement of the conflictbetween the consumers’ right of independent choice and operators’ right of management. From the following four aspects: Firstly, the microimplementation—“Consumers’ rights and interests protection act”, including smalllawsuit system and perfect the supervision system in the “Consumers’ rights andinterests protection act”; Secondly, the macro implementation—to find a solutionfrom “Competition act”; Thirdly, discusses how to realize of the consumers’ right ofindependent choice on judicial level, proposed including refining the consumerassociation as qualification of litigation subject and establish the consumption of thearbitration tribunal; In the end, put forward the proposal about how to deal with theconflict between them.