Dissertation > Political, legal > Legal > UNIVERSITY > China and France

Research on Consumer Protection Act

Author ZhangYanFang
Tutor LiangHuiXing
School Graduate School of the Chinese Academy of Social Sciences
Course Civil and Commercial Law
Keywords consumer business operator consumers policy law consumers contract law consumers safety law
CLC D913
Type PhD thesis
Year 2002
Downloads 3540
Quotes 15
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It is well known that everyone must be a consumer at first to exist in any society, especially in a commodity society, which is characterized by the division of labor. In such a society, it is through exchange that daily necessities are acquired. Therefore, two classes were formed since 19th century: consumers and business operators. They depend on each other but at the same time contradict each other. In such relationship, consumers are inevitably in an inferior condition and always subject to tremendous risk and damage arising from operators’ defraud, cheat, negligence and malicious act, which becomes more serious in contemporary industries or so-called knowledge economic society. For this reason, to protect consumers’ rights and interests becomes a common concern in any developed or developing country, and the legal science about consumer protection, as an emerging subject, is becoming more and more prominent.Before discussing the content of the thesis, there are two points to be made clear. First, in this thesis, the legal protection on consumers’ rights is studied as a relatively independent and complete system, though there are various opinions about the nature of consumer protection law. secondly, the study is not limited to the existing Law for the Protection of Consumers’ Right and Interests of P.R.C. Rather than explanations of statute, the thesis is aimed at building and elaborating the legal theory, designing detailed rights and remedies, that is, in an overall perspective. Certainly, advanced experience in other countries and China’s reality in both legislation and judicature are what the anther must pay attention to.The thesis is composed of four parts: the basis theories on consumer protection law, consumers policy, consumers contract law and consumers safety law.In chapter one, the author reviews the history of consumers, analyses the causes and the relationship between consumers and business operators and their concepts. Then, the author makes study on the legislation more on consumers protection, and last analyses the reality of China’s legal protection for consumers both in theory and in practice.Chapter two is about the basic legal theories on consumer protection, including its object, features, nature and the value to be an independent subject. On this basis, the author makes statements on the system of consumer protection law.In chapter three, the author mainly talks about consumers policy from government’s status and function in balancing between consumers and business operators, and analyses the feature, content, government’s competence scope in consumers policy. Andat last, the author makes advice on the legislation of China’s consumers policy.The fourth chapter is about consumers contract law. From the fundamental principle of contract law-freedom of contract, the author discusses its role in consumers contract at length and the other countries’ practice, concludes certain statutory obligations of business operators, certain statutory rights of consumers as well as the application of other basic rules of contract law in consumer protection law. At last, the author makes proposal on the legislation of consumers contract in China.Chapter five is on consumers safety law. In this part, the author firstly analyses the modern legislation purpose, which is based on the protection for human, then makes statements on the role of product liability law in consumer protection law, and last analyses the various ways to remedy consumers, especially their personal rights.The last part points out the direction for China’s consumer protection law. After evaluating and analyzing the shortcomings of existing system, the author clearly states the future legislation model of basic law model for the consumer protection law. The following is detailed explanation of theoretical innovations on the emerging subject, including the direction for the new consumers policy and the institutional innovations of consumers contract law and safety law. At last is a proposal about a temporary measur

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