Consumer Protection Law Research

Author: Zhang Yanfang
Publisher:
Publish Date: 2003-03-01
Features: The purpose of the "Series on Special Studies in Chinese Civil and Commercial Law" is to, based on the actual conditions of China's reform and opening-up and the development of a socialist market economy, extensively learn from the successful experiences in civil and commercial legislation of developed countries and regions, as well as the latest case law and doctrines. It delves into the fundamental theories and major legal issues in civil and commercial law, providing a scientific legal foundation for the modernization of China's civil and commercial legislation and the scientific advancement of civil and commercial judicial practice. This aims to elevate the theoretical level of civil and commercial law and accelerate the catch-up of China's civil and commercial legal research with that of developed countries and regions.
In any society, every individual must appear as a consumer: the sustenance of their life depends first on meeting the basic needs of clothing, food, shelter, and transportation. In a commodity-based economy characterized by social division of labor, the acquisition of consumer goods must be achieved through participation in commodity exchange. This book studies the legal protection of consumer rights as a relatively independent and comprehensive theoretical system. The emergence of consumer protection legal theory has broken the traditional division between public and private law systems. The research in this book on consumer protection law is not an interpretation or annotation of the "Consumer Rights Protection Law of the People's Republic of China."
Following the logical order from general to specific issues, the book is divided into four main parts: the Basic Theories of Consumer Protection Law, Consumer Contract Law, and Consumer Safety Law, among others, to discuss relevant legal issues in consumer protection separately. The primary innovation of this book lies in: applying the basic theories of civil law legislation, participating in the legal theories of economic law, and employing relevant analytical methods from philosophy, economics, and sociology to conduct a systematic and comprehensive analysis of consumer protection legal systems. This aims to construct and describe the basic outline of the legal theoretical system and legislative system of consumer protection law.
Based on the study of foreign consumer policy law, this book proposes the mutual status of consumers in China, revealing the fundamental concepts, principles, and basic systems for solving consumer safety law issues. It clarifies the mutual status of business operators and consumers, revealing several feasible approaches to solving consumer legal protection issues. The book proposes basic theoretical views for reconstructing China's consumer protection law system and conducts an in-depth discussion on the relationship between China's consumer protection law and the current civil and commercial law, as well as economic law in China.