Perfecting Suggestions For Defective Legislations Of Consumption Contract In China

Consumption plays an irreplaceable role to economic development in today's environment of market economy.However,with the growing consumption contract dispute,cases about that consumers' rights and interests are damaged increasingly are widespread and serious.Consumption contract laws are not perfect enough at present in China,and especially consumption contract has its special factors.Therefore consumers' rights and interests are often damaged and not guaranteed as they are one of the parties concerned and in the weaker position.To deal with the issue urgently,this thesis attempts to discuss it from the following aspects.The first chapter leads in an introduction.It mainly reveals background information of this research and also includes the purpose and significance of the studies.Then it briefly introduces the basic idea and basic methods of this topic research.Content in the second chapter is an overview about consumption contract.Firstly,to make this paper describing clearly and to avoid ambiguity and confusion,this chapter defines and clarifies several concepts such as consumption,consumers,operators,standard terms and consumption contract.Secondly,this paper describes the characteristics and types of consumption contract,for having a more clear understanding for consumption contract.Thirdly,some special systems of consumption contract are mainly introduced,which can elaborate on the particularity of consumption contract.Fourthly,the applicable objects and scopes of application of consumption contract are discussed,which lays the foundation for thoroughly analyzing the next chapter.In the third chapter flaws about the legislative situations and reasons of consumption contract are explored.First of all,it illuminates present situations about the legislation and judicial interpretations of consumption contract in China,and makes people understanding well the stipulated conditions about relevant laws and regulations and judicial interpretations of consumption contract.Secondly,it clarifies our country's current legislation situation of consumption contract,which mainly includes: 1.It doesn't form a standard consumption contract law system.2.Relevant judicial interpretations for practice operability are not enough.3.The special system of consumption contract needs to be improved.Thirdly,this paper analyzes the reasons of legislative defects of consumption contract from national conditions,interest coordination,legislation technology and how the society pay attention to the consumption contract legislation.The fourth chapter purposefully introduces legislation experience of consumption contract in some countries with continental law system and Anglo-American law system.It suggests that improving consumption contract legislation can draw lessons from legislation guiding ideology,legislation techniques and legislative content in the advanced foreign countries.The fifth chapter puts forward some suggestions to perfect the consumption contract legislation in China.Concrete measures by further improving consumption contract legislation are including: 1.To perfect the consumption contract law system.2.To establish the special system of consumption contract.3.To improve the maneuverability of the judicial interpretation of consumption contract.