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Understanding of the concept of consumer body

Author: ChenXiaoJun From: www.yourpaper.net Posted: 2010-06-25 18:27:35 Read:
Abstract: The main consumers range of doctrinal dispute said natural persons and units including said. Understanding of the concept of consumer body carefully explore new insights.
Keywords: consumers; concept of the subject; understanding
Consumers the main range of doctrinal dispute exists a natural person said and units including said. Natural to say that: the main range of consumers, including natural persons, without including the unit, because the legislative purpose of the "Consumer Law" is to strengthen the special protection of the consumer is in a weak position. Due to the gap between the economic strength of the consumer information asymmetry makes a natural unit, the more at a disadvantage. Because the unit is the buyer of the goods, it should be special protection, as a commodity seller's or service provider's operators is unfair and does not fully reflect the principle of equal protection of the law. Said that units include: Unit should consumer unit consumption for goods and services, shall be subject to the adjustment of the Consumer Protection Law, in order to be more fully protected. Excluding units outside the scope of the consumer is not in line with China's specific national conditions, because most of our local laws and regulations regard the units included in the scope of the consumer.
First, the main consumers of re-understanding
Consumers the main range is limited to natural persons, including units, theorists and local consumer protection legislation to differ materially. Theorists Most scholars believe that: "The so-called consumer is a natural person for consumption needs to buy goods or services received." Only a small number of scholars agree that the unit should also apply to the Consumer Protection Law. Adhere to a natural person said the view of the scholars of the main reasons are: the main unit is not final consumption aggregates as a natural person, the purchase of goods or services to the interests of the unit members or other persons concerned, in the final analysis a natural person is the ultimate consumer subject. However, our local consumer protection legislation is almost unanimous that the unit should also apply to the Consumer Protection Law, such as "the Jiangxi Province of the People's Republic of China Consumer Protection Law Measures (August 1995 Law, revised on June 20, 1997) Article 2, paragraph 1, "The term consumer, refers to the need to purchase consumption, use of goods or services to individuals and units." Shenzhen Special Economic Zones of the People's Republic of China Consumer Protection Law Measures (December 26, 1996 the promulgation of) Article 2, paragraph 1, "The term consumer refers to the consumption purchase, individuals and units of the use of goods or services. "In fact, in the development of" Consumer Law ", the unit consumption applicability of the" Consumer Law "controversial. At that time, scholars have suggested that the unit should consumer unit consumption and purchase of goods or services, shall be subject to the adjustment of the Consumer Protection Law, in order to obtain more comprehensive protection. Another view is that "Consumer Law" applies only to natural persons does not apply to the unit, the unit purchase goods or services that can be applied to contract law. These two views there is a certain degree of rationality, need further study in law.
"Consumer Law" within the meaning of "consumer" should be limited to natural persons
I was in favor of a natural person said that the "Consumer Law" within the meaning of "consumer" should be limited to natural persons, shall not include units; units consumed and purchase of goods or services shall be subject to the adjustment of contract law, and should not be subject to Consumer Law "adjustments. The main reason for:
(A) view from the legislative purpose of the "Consumer Law", which is generated in order to protect the weak in the modern consumer society. Consumers limit the scope of natural persons is based on the recognition of the weak position of natural persons. "Consumer Law" reason to give special protection to consumers, the most fundamental reason is because the consumer is weak. "Industrialized society gave birth to the new concept of the actual existence of inequality of the contractual relationships between the parties to consider the legislators tend to protect the weakest against the strongest protection layman combat expert; parties must be subordinated to a modern law home called the economic order of things. "It is precisely because consumers are individuals rather than units, often in a weak position in the transaction, the performance of such a weak position: on the one hand, as an individual, consumers tend potential single force thin; On the other hand, because not specializing in commodity trading, with the operators compared, usually a lack of trading experience, trading information and capabilities. Should also see that consumers and operators compared not only economic strength gap, and the development of technology, refinement of the division of labor so that consumers reduced ability of independent judgment to the purchase of goods; development of packaging technology, new materials, new the continuous development and use of the raw materials but also to cover the defects of the goods, many potentially dangerous for consumers; variety of advertising, promotion means so that consumers actually is blind disposable state; globalization of markets and production and marketing of multi-layer of the consumers 'rights are prejudiced, the more difficult; relief the production operators cartel limit consumers' freedom of choice and so on. "Still modern civil law departure from the status of the parties on an equal footing to adjust production operators, consumers, while ignoring both substantial difference, obviously outdated legislative shortcomings and limitations, so that the people demand that the countries from the protection of consumer the interests of departure, calls for intervention in economic life is gradually rising, and finally set off a vigorous consumer movement on a global scale. "Therefore, in the modern commodity economy under the conditions of the relationship between the production operators and consumers has changed , both in the transaction is not peer-to-peer strength, in essence, become a domination and being dominated unequal relationship. Damage to the consumer, not only harm the interests of the public, but also harm the social and economic order, it is for this reason that the national legislation to strengthen the special protection of the individual consumers. Weak relationship between the units is not the consumer, when the units and the self-employed or strength of the weaker unit on economic relations, even in a strong position. Therefore, to give special protection to the unit loses its theoretical basis. Provides too wide range of consumers, will inevitably lead to a tendency to neglect of individual consumers, a weak position in the "Consumer Law" legislation. Therefore, "Consumer Law" in order to balance the trading interests of the parties, it is necessary to special protection of individuals as consumers, but there is no need for special protection of the unit. Units and operators between the dispute, both parties can claim their rights by contract, and should be protected by the "Contract Law". If the unit is the buyer of the goods should be special protection, then, as a commodity seller or service provider operators, it is unfair and does not fully reflect the principle of equal protection of the law. (B) "Consumer Law" The reason why consumers identified as individuals rather than units, another important reason is that "Consumer Law" as determined by the interests of consumers, are closely linked with individual rights, and not primarily given to the rights of the unit. "Consumer rights" made it clear that U.S. President John F. Kennedy's State of the Union address in 1962, that the right to security, right to know, the right to choose, views the right to respect, and, later supplemented by President Nixon to facilitate relief rights. " They are recognized as the five basic rights of consumers. April 9, 1985, the UN General Assembly adopted the "Guidelines for Consumer Protection, Consumers International proposed eight consumer rights: (1) the right to get the necessary material and services in order to survive; (2) the right to a fair price treatment and the right to choose; (3) security rights; (4) the right to obtain sufficient information; (5) The right to seek consultation; (6) the right to fair compensation and legal help; (7) consumer education the right; (8) the right to a healthy environment. These rights are often referred to as "the human rights of consumers", indicating that these rights and personal contact, rather than the rights of the units. "Consumer Law" in the second chapter on the rights of consumers, special provisions, including the consumer's right to security, aware of rights, the right to choose, the right to fair trade, the right to claim the right of association, the purchase of goods and services received. human dignity, respect for national customs and traditions of rights and the right to supervise the goods and services and consumer protection. Thus, many of the rights are given to the rights of individuals, without involving the unit. If the expansion of the concept of the consumer to the unit, confirmed by the legislative purpose "Consumer Law" is not consistent.
(C) the term "consumer" Consumer Law "refers to personal consumption, or direct consumption, and units can also be entered into a sale and purchase agreements for certain goods, or in respect of service contracts to accept certain services, but for consumption units of a commodity can not be used directly or to accept some kind of service, that is not engaged in some kind of life consumption. Later in the purchase of a commodity or accept a certain service, but also the transformation of these goods or services for personal consumption. It is from this sense, the unit can be used as a merchandise buyer, service contracts entered into, but not as the ultimate consumers. The units of the "personality" is a legal fiction, their own can not direct consumption. Units owned by the consumer funds, always in the form of in-kind or services, paid or unpaid outcome personal consumption. Therefore, exposed to consumer interest in the subject is still a person, rather than units. Therefore, consumers in terms of natural persons, should not include units.
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