Research On Legal Regulation Of Consumer Rights Abuse

Consumers,as the main force of economic development,have a huge gap with operators regardless of financial resources or ability in the process of economic transactions.Therefore,China has always regarded consumers as vulnerable groups that should be protected by law,and some relevant laws are more inclined to protect consumers.But while consumers have more rights,the problem of consumer rights abuse also frequently occurred.Consumers often have disputes with operators when exercising the right to claim and to return goods without reason.The fundamental reasons of this phenomenon lies in section 55 of the Consumer Protection Law and 148 of the Food Protection Law give consumers the right to request for massive punitive damages;and article 25 of the Consumer Protection Law give consumers the right to have no reason to return.However,the legislator did not stipulate the responsibility and obligation that the consumer should undertake when they set skewed to protect consumer rights.While on the driven of great benefits,the behavior of consumer rights abuse also frequently occurred.These behaviors not only violate the interests of the operators,but also cause adverse effects on the interests of the society,which runs counter to the legislative purposes of relevant laws.Therefore,in order to reduce the consumer rights abuse,we should start from the root of the problem,improve the consumer protection system and regulate the rights of consumers.In addition to the introduction and conclusion,the paper is divided into three parts.The first part of the article mainly expounds the basic theory of the consumer rights abuse.Firstly,the concept of the consumer rights abuse is defined.Secondly,it analyzes the main types and characteristics of the consumer rights abuse.Then,through the analysis of cases related to the consumer rights abuse,the author summarizes the constitution and judgment methods of the consumer rights abuse.The second part analyzes the abuse of consumer's right to claim and the abuse of the right to return goods without reason.The types of our country consumer rights abuse are mainly concentrated in these two aspects.Therefore,this part mainly introduces the two types of the abuse of rights in this paper,and summarizes the legal responsibility that consumers should bear for abusing these two rights,and the shortcomings of both systems on the basis of empirical analysis of relevant cases.The third part of the article mainly throws out suggestions on the legal regulation of the consumer rights abuse in China.First of all,it is suggested that China should unify the standards of the consumer rights abuse.Secondly,it is suggested to perfect the principle of legal regulation on the consumer rights abuse in China.Then,legislative suggestions on the regulation of the consumer rights abuse were put forward based on the deficiencies of articles 25 and 55 of Consumer Protection Law and 148 of Food Protection Law.