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Paper代写:Consumer protection laws

2018-11-07 | 来源:51due教员组 | 类别:Paper代写范文

本篇paper代写- Consumer protection laws讨论了消费者权益保护法。消费者保护运动立法的发展,促进了有关消费者保护运动的发展来解析消费者权益保护法的基本精神。在本法的价值取向及其法律条文的具体规定中无不体现着对消费者权利的保护,对经营者义务的约束。维护消费者利益、保护消费者合法权益就是消费者权益保护法的基本精神。本篇paper代写51due代写平台整理,供大家参考阅读。

Consumer protection law,消费者权益保护法,paper代写,代写,essay代写

The so-called consumer rights and interests refer to the sum of the rights and interests enjoyed by consumers in carrying out specific consumption behaviors and completing specific consumption process in a certain stage of social production development and under certain commodity economic relations and social system. The protection of the rights and interests of consumers is the general term of laws and regulations concerning the protection of consumers from personal or property damage or infringement when they receive goods or services with compensation. The rights and interests of consumers are one of the basic rights related to the life and work of each of us. The effective protection of this right reflects the realization of civil rights and the fundamental characteristics of market economy. In the process of building a socialist market economy, China has paid more and more attention to protecting every citizen's rights and interests in the process of consumption. In order to effectively protect the legal rights and interests of consumers according to law, China adopted the law of the People's Republic of China on the protection of the legal rights and interests of consumers at the fourth session of the standing committee of the eighth National People's Congress on October 31, 1993. Since then, the legal rights and interests of Chinese consumers have been strongly protected by law. The protection of consumer rights and interests act is a law providing special protection to consumers in a weak position. Consumer rights and interests protection law can be divided into broad and narrow categories. In broad sense, consumer rights and interests protection law refers to the organic whole of various laws and regulations involved in consumer protection. For example, the organic whole consisting of the basic law of consumer protection and other special single-line laws and regulations on consumer protection, as well as the provisions of relevant laws and regulations in other laws and regulations is the consumer protection law in the broad sense. Consumer protection law in the narrow sense refers to the state's special legislation on consumer protection.

The protection of the rights and interests of consumers is a basic law to protect the interests of consumers and the legal rights and interests of consumers. The special protection based on the weak position of consumers is decided by the weak position of consumers. The weakness of the consumer, refers to the consumers to meet the needs of the cost of living in the buy goods or services provided by the operators, the use of the process, because of the lack of relevant knowledge, information, and factors such as personality defect and controlled, result in security rights, right to know the rights, autonomy, justice of exchange, payment, respected, the right of supervision to a certain extent, be deprived of consumer rights and interests of the damage.

Above all, the trade of consumer and operator is a kind of blame major to major, the relation that does not know a person and know a person. Operators are familiar with the technical aspects of commodities, understand the market situation, grasp customer psychology, and have certain selling skills. It can be said that they know themselves and know each other. However, consumers lack relevant knowledge of purchasing goods or receiving services, and most of the consumption information they receive is processed, has promotional and inducing effects. Consumers are unavoidably not manipulated by operators and establish unfair transaction contracts with them. In addition, the improvement of technical content of goods and services will increase the strong position of operators and weak position of consumers, that is, stronger and weaker.

Secondly, the modern market economy simplifies the Commodity Exchange procedures and speeds up the flow of the objective requirements, so that the consumption contract has the characteristics of the fixed contract or attached contract. The traditional contract theory that contract is the agreement between parties is not true enough for consumers. The transaction conditions of relevant goods and services are stipulated in advance by operators. Consumers are completely in the passive position of simply accepting the content of the contract without the freedom to bargain and participate in the formation of the content of the contract. The transaction between consumers and operators is the relationship between individuals and organizations. In market transaction activities, consumers are mostly individual natural persons and operators are mostly organized legal persons. In fact, the status of both parties is not equal. The collectivization and transnationalization of production and operation are also enhancing the strong position of operators and intensifying the weak position of consumers.

Third, operators act in a serious way. Unfair competition in the modern market economy, makes some commodity providers see damage the interests of consumers as one of the ways to make profits, they leave the honest credit principle of business ethics in disregard, rushed to take unfair business practices or restrictive business practices, in many aspects, such as quality, price, measurement, trademark do all kinds of fraud, entrap consumer, the result is still the damages suffered by consumers.

Finally, the power position of consumers and operators is not equal. The economic strength of operators is strong, and as individual consumers are subject to the financial income level of hard constraints. He must choose between maximising utility and minimising transaction costs. Both the information collection before the transaction and the claim after the loss of rights and interests are not economic for the consumer, and the transaction costs he paid for it actually increase the consumption expenditure. Consumers often choose to sacrifice a small amount of utility in exchange for a minimum transaction fee.

Above all, the demand of inferior consumer is a kind of quantity quantity demand necessarily, consumer itself lacks to commodity quality requirement. For consumers, the demand for extensive production and management in China is derived from the fact that they do not ask for good, only want for existence, not for refinement, only for quantity.

Second, the purchasing options of low-quality consumers are greatly restricted. Because the consumption structure that economic condition decides, make consumer demand is restricted in the strictest commodity can choose, be compressed to the minimum amount limits, consumer natural difficult has a choice. The independent choice is one of the important contents of consumers' rights, and also one of the important content means for consumers to enhance their negotiation strength and fight against the operators' rights. The consumers who give up or lose the choice are doomed to be in a passive and unfavorable position, and the weakness is inevitable.

Traditional culture is a kind of subliminal influence on the formation of consumers' weakness, which mainly causes the psychological and personality defects of consumers and makes them feel "three dwarves" in the market transaction of operators, and they are in a weak position.

Due to the weakness of consumers, consumer rights and interests protection law has increased the protection of consumers' rights and increased the obligation burden of operators. The legislative purpose of the law on the protection of the rights and interests of consumers is clear, as stated in its first article: "the legislative purpose of the law is to protect the legitimate rights and interests of consumers, maintain social and economic order, and promote the healthy development of the socialist market economy." The purpose of this legislation is entirely based on the protection of the legitimate rights and interests of consumers. Is believed that the legislative purpose of consumers' rights and interests protection law is the basic spirit of this law has its profound reason, in the process of social development, the emergence of consumer problem is a big problem of the society, the development of the consumer movement, the perfection of consumer protection legislation from the social reality, based on the weak position of consumers, consumers' rights and interests protection law during the process of formulating inevitably is the first consumer interest, consumer interests, protect the legitimate rights and interests of consumers naturally became the basic spirit of the consumer rights and interests protection law.

The problem of consumers' being violated has existed since ancient times, but occasionally, individual consumers have been violated and social problems have not yet been formed. However, since 1950, the problem of consumers being harmed in advanced countries with rapid economic development has not been an incidental problem. Individual consumers have been violated, but a social problem that most consumers are often violated.

From the development history of the market economy in the world, the consumer problem is generated and intensified with the development of the market economy. Especially in the early stage of market economy development, the damage of consumer interests is a prominent phenomenon Shared by all countries in the world. It was not until the 1980s that China began to gradually establish a socialist market economy. Therefore, China's market economy, it can be said, is still in its infancy stage up to now. In this stage, the problem of harming the interests of consumers is bound to be very serious.

Before the reform and opening up, China practiced a planned economy for a long time and restricted the production and exchange of goods. After the social turmoil and economic stagnation caused by the "cultural revolution", the economic system reform and opening-up policy were implemented in 1979, which promoted the great development of market economy. The mass production and sale of a variety of household appliances, chemical fiber products, beauty cosmetics, various beverages, foods and medicines has, while meeting the living needs of consumers, produced serious social problems that have harmed the interests of consumers. As a result of product defects, the personal and property safety of consumers is increasingly jeopardized, such incidents as beverage bottle cracking, TV picture tube explosion, gas leakage of gas water heater and food poisoning occur from time to time. Some illegal manufacturers make things badly and produce fake and inferior commodities, which severely damage the interests of consumers. Many places have found the manufacture and sale of counterfeit drugs, substandard drugs and poisonous food, and the sale of industrial alcohol with water as drinking wine, which seriously endangers the personal and property safety of consumers. This has led to a series of social problems, in this context, gradually formed a national consumer protection movement.

The protection of consumer rights and interests can be traced back to the consumer movement, which is the pioneer of consumer rights and interests protection organizations. In 1891, the world's first consumer organization was established to protect the interests of consumers. In 1898, the United States established the world's first global consumer alliance. It is an independent, non-profit, non-political organization, its aim is to do a series of consumer rights and interests protection worldwide, including information collection and dissemination of consumer rights and interests protection, carry out the consumer education, promoting international cooperation and communication, and organization international discussion on the problem of consumer rights and interests, assistance to underdeveloped areas consumer organizations to carry out the work, to speak in international agencies on behalf of consumers.

China's consumer rights protection movement started late. In 1983, the international consumers' organization alliance defined the March 15 of each year as "international consumer rights and interests day". In September 1984, guangzhou consumer commission was first established as the first consumer organization in China, and in December 1984, China consumers association was approved by the state council. After that, provinces, cities, counties and other consumer associations have been established. The China consumers association was accepted as a full member by the international consumers organization alliance in September 1987. After China's accession to the WTO, the protection of consumer rights and interests in China has further developed. Consumer awareness and ability to protect the rights and interests of the growing.

The laws and regulations related to the protection of consumers' rights and interests have been continuously improved, and the rights and interests of consumers have been legalized, standardized and extended. Modern consumer protection legislation in a capitalist society was the first to enter the monopoly stage began, after the rise of it are closely connected with the movement of consumer protection in the world together, how well does the consumer rights and interests protection legislation, has become a measure of a country the development of the social civilization degree and the legal system construction is an important symbol of perfection. Consumer rights protection law, of course, not only including specialized consumer rights protection laws and regulations, and such as consumers' rights and interests protection law, anti-unfair competition law, the product quality law, food hygiene law, medicine, law, standardization method, measurement, etc., but also in civil, economic, administrative, criminal and other related laws and regulations in the rules or terms, it is a concept in the broadest sense of the term. The law of the People's Republic of China on the protection of consumers' rights and interests, which came into effect on January 1, 1994, stipulates nine rights of consumers, including the right to safety, the right to know, the right to choose, the right to fair trade, the right to seek compensation, the right to associate, the right to know, the right to respect and the right to supervise.

Safety value, fair trade value, benefit value is the consumer rights and interests protection law reflects the fundamental value of the short-term, in value orientation is the first consumer interest can be seen through its value pursuit, consumers' rights and interests protection law itself is the law of consumer, is the maintenance to protect consumer interests, which reflects the basic spirit is safeguard consumer interests, protect the legitimate rights and interests of consumers.

Consumer rights and interests protection law clearly stipulates the rights enjoyed by consumers and the obligations borne by operators, which plays an important role in balancing the unequal status of consumers and operators. It is because of the status of the consumer and business operator uneven, consumption in a weak position, to achieve equal status between the two sides, the trade fair, countries gave special protection for consumers, reflect on the legal norms, namely the country through the legislation form, standing on the position of consumers, to run the activities of certain restrictions and constraints, stressed the compulsory norms, biased toward the right specification for consumers, and to the implementation of the protection of consumer rights. The special protection for consumers is also reflected in the application of law when the rights of consumers and other rights are in conflict, the priority should be given to protecting the rights of consumers. Through the regulation of consumers' rights and operators' obligations, consumers can enjoy sufficient rights in consumption activities and change their weak position relative to operators. In the specific provisions of the consumer rights and interests protection law, in addition to the provisions on the rights of consumers and the obligations of business operators, the relief means also reflect the state protection of consumer rights and interests. When the rights and interests of consumers are infringed, consumers' rights and interests are protected through the compensation mechanism of no-fault relief. In addition, the state also protects the rights and interests of consumers by certain means.

In terms of the specific provisions of the consumer rights and interests protection law, it is not hard to see that the provisions of the consumer rights and interests protection law are derived from the interests of consumers. This law is the basic law for safeguarding the rights and interests of consumers and restricting operators' business behaviors, providing practical legal protection for the healthy development of the socialist market economy.

From the analysis of the causes of consumer problems, the development of the consumer protection movement and the promotion of consumer legislation, consumer rights and interests protection law is formulated and issued in this development process. Due to the emergence of the consumer problem led to a series of social problems, which affect the development of the socialist market economy, to promote the development of socialist market economy, from set out actually, safeguard the rights and interests of consumers and issued "consumer rights and interests protects a law" the basic law, the law is aimed at consumers in the problems in the process of economic development, the development of the consumer protection movement, so consumer interests, protect the legitimate rights and interests of consumers, is the basic spirit of this law.

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