Research on the International Consumer Protection Legal System

Author: Liu Yideng
Publisher:
Publishing Date: 2005-01-01
Features: International consumption is an increasingly prevalent social phenomenon in modern international society. With the continuous intensification of globalization, international consumption interactions are becoming increasingly complex, and international consumer disputes are occurring more frequently and proportionally increasing. Additionally, the rapid development of high-tech and the new challenges of internet technology have made the economic vulnerability of consumers more evident, and their legitimate rights are often infringed upon by unscrupulous merchants. Therefore, protecting the legitimate rights and interests of international consumers is a novel issue facing governments and the legal community worldwide today. In-depth exploration and research into the legal system of international consumer protection hold particularly profound theoretical and practical significance for China, where the practice of foreign consumer protection is becoming increasingly rich while relevant legislation remains largely unaddressed. This paper employs a comparative approach to conduct a comprehensive and in-depth study of the historical development, institutional composition, and unification process of international consumer protection law. The paper is divided into four parts and nine chapters.
Part 1 consists of two chapters, which primarily examine the evolution of consumer protection legal systems in various countries to reveal the mechanisms of international consumer protection law. It explores the concept, nature, sources, principles, characteristics, basic content, objects of regulation, and value orientation of international consumer protection law, as well as analyzes the legal definition of international consumers, their rights, and dispute resolution mechanisms.
Part 2 is divided into three chapters. This part conducts a systematic comparative study of specific consumer protection provisions in domestic laws of various countries, analyzing differences in regulations across areas such as consumer contracts, product liability, educational consumption, tourism consumption, online consumption, consumer litigation, as well as advertising, services, pricing, and trademarks. It also highlights the strong trend of convergence among these differences. The focus is on revealing the specific manifestations of legal conflicts in international consumer protection while elucidating the theories and practices of jurisdiction, legal application, and related issues from three dimensions: international consumer contract disputes, international consumer tort cases, and online consumer cases.
Part 3 focuses on theoretical, practical, and historical examinations of the unification process of international consumer protection law. It elaborates on the outstanding contributions and phased achievements of global or regional international organizations such as the United Nations, the European Union, the International Consumer Organization, and the Hague Conference on Private International Law in unifying international consumer protection law. Special attention is given to the empirical analysis of three key achievements in the unification movement: the Hague Convention on the Law Applicable to Product Liability, the United Nations Guidelines for Consumer Protection, and the United Nations Conference on Trade and Development and International Consumer Organization Guidelines for Consumer Protection and Sustainable Consumption. The paper also looks ahead to the broad prospects of the unification movement of international consumer protection law.
Part 4 primarily elaborates on the historical origins, current legal status, legislative shortcomings, and Western influences in China's consumer protection legislation. It points out that the protection of consumer rights in China is facing both internal and external crises, making the establishment and improvement of China's foreign consumer protection legal system an urgent priority. The focus is on analyzing and discussing several key issues that must be clarified in establishing a Chinese foreign consumer protection legal system. It proposes a preliminary framework for China's foreign consumer protection legal system and explores the possibilities and realities of China's integration into the unification process of international consumer protection law.