“消费和谐”理念下消费者权益保护

【Abstract】wWw.shuoshilunwen.com "Consumer" is to protect consumers under the conditions of the market economy needs the most basic social behior, "Consumer Protection Law" clearly states: "Consumers need to purchase for consumption, use of goods or receiving services", and all belong to "consumption" category. "Harmony" is a concept, but also the current consumption demands. The so-called "consumer harmony", that is, consumption in the whole society should establish a "harmonious consumption" concept, operators, consumers, governments and related departments to fulfill social responsibility, work together to create a "consumer harmony" market environment, facilitate the expansion of domestic demand and promoting China’s fast economic growth, maintaining social stability, and promoting the building of a socialist harmonious society. Protection of the rights of consumers, is a social project, it needs the state, society and individual consumers close cooperation and work together. Mainly include:consumer rights and interests of self-protection, consumer rights and interests of social protection, consumer protection and consumer rights and interests of the executive protection of the law in four areas. Among them, the interests of consumers of legal protection, then the state through legislative and judicial means to the interests of consumers be protected, it is the consumer protection movement, one of the most important results, but also the development of modern national legal system, an inevitable trend, which in the whole consumer rights protection system has played a key role. In China, with economic and social development, consumer protection issues more and more attention. Especially in the legal protection of consumer interests, the State formulated the "The People’s Republic of China Consumer Protection Law" and some other laws and regulations at all levels of People’s Court heard a large number of cases of consumer disputes, so that the interests of consumers to a certain extent protection. However, due to historical reasons, people he consumer awareness of the importance of protection is not in place, the state consumer protection legal system is not perfect, resulting in protection of the rights of consumers there are still many problems. This article is based on the status quo of China’s consumer protection, combined with domestic and international consumer protection legislation and the latest progress of the judiciary, the legal protection of China’s consumer rights related to five issues discussed. The first part is introduction, the main topics of significance and research, including the status quo. The second part study of consumer protection logical starting point, mainly from the academic perspective of consumers in the concept of rational interpretation of the legal status of consumers and consumption to define the concept of harmony and the concept of the consumer concept of harmony made the significance of consumer protection theoretical basis, etc. This paper describes the basic theory. The third part of Comparative Law from the Perspective of the legal system of foreign consumer protection investigation, the analysis of the United States, consumer protection, consumer protection in Japan and the European Union consumer protection, and set forth the meaning of our reference. Part IV is divided into the status quo of China’s consumer protection rational reflection, first analyzes the status of China’s consumer protection and pointed out that the achievements of China’s consumer protection legislation, to reflect on our consumer protection legal system deficiencies. Part V of a harmonious system of protection of consumer rights under the concept of reasonable construction, mainly from improved consumer rights protection system of legal provisions and related requirements, a step to expand consumer rights, to establish the principle of strict liability imputation to adjust the allocation of the burden of proof to expand the damage the scope of compensation, increase in the additional compensation to improve the way the exercise of power of consumers in seven areas discussed in the perfect response.