Research On The Legal Regulation Of Consumer Warnings

In China,the consumer association and the administrative authority with legal authority are the main body of the consumer warning.The former is the founder of consumer warning system,by launching the consumer warning project",develop"consumer warning system implementation standards"and other measures to establish and perfect the publication consumer warning information platform and system basis.In recent years,the administrative organs are more and more inclined to adopt the new type of pre regulation measures,such as the consumer warning,to guard against once released consumer warning anomie,may cause irreparable damage to be released,resulting in the loss of social welfare.In this paper,according to the theoretical analysis,the system practice,the existing problems,the idea of regulation and improvement,to solve the current problems of the administrative authorities to publish consumer warning.Specifically:The first chapter is about the basic analysis of the consumption warning in the theoretical level.This paper starts from the basic connotation of the consumption warning,and defines the consumption warning,and points out that the consumption warning comes from the public warning theory.On the basis of the definition of the concept,further analysis of its institutional functions,while comparing consumer warning and consumer guidance,administrative punishment information disclosure and other related concepts,clear consumer warning belongs to administrative factual behavior.The second chapter describes the practice of consumption warning in our country.The emergence of the risk society,the deepening of the information society,the expansion of the theory of the right to know and the reform of the government regulation constitute the realistic background of the rise of consumer warning.The rise of consumer warning in China is mainly the creation of the consumer association and the development of the business sector.The third chapter examines the problems existing in China's consumer warning.Through the analysis of the legal norms and practical operation of the consumer warning,it is found that the consumer warning is not only lack of due legislation,but also has some problems in practice.Relatively crude,the legislation for the low rank of legislation,legal responsibility mechanism is too simple,not perfect etc.In the implementation of consumer warnings,due to the presence of slow release,the main issue of confusion,the lack of appropriate procedures and other issues affecting the actual effect of the play.In relief,there are also problems in the consumer warning relief rights.The fourth chapter discusses the way to improve the consumption warning system.First,it is necessary to improve the legislation,improve consumer warning beforehand control.Specifically including the release of consumer warning issued authority,content and conditions.Secondly,we should standardize the administration,strengthen the control of the consumer warning,the specific practice to be reasonable considerations,the establishment of a reasonable release procedures and administrative agencies to correct and lift consumer warning obligations.Finally,it is necessary to improve the administration of justice,improve the control of consumer warning.On the basis of discussing the possibility of consumer warning,we can bring forward the purpose of confirming the action of illegal action and administrative compensation.