消费者知情权的法律保障及其不足 [2]
论文作者:www.51lunwen.org论文属性:作业 Assignment登出时间:2013-09-17编辑:yangcheng点击率:3802
论文字数:1425论文编号:org201309131708088683语种:英语 English地区:中国价格:免费论文
关键词:消费者知情权法律保障
摘要:消费者权利是一种具体的权利,而人权只是一个抽象的权利,用抽象的人权概念来说明具体的消费者权利的性质有待进一步考察。而且在中国现阶段将消费者权利上升为基本人权并不现实,除了形式上的宣示意义以外,并没有什么实质作用,就算将其归结至人权,它还具有成为其他法上权利的可能。
amine them , in essence , the consumer 's right to know should belong to one kind of economic law on the right.
Modern society would benefit society as a whole as the center of the legal framework , economic law as an independent legal department has become the consensus of the legal community . Right to Know Law as a consumer rights , private rights and public rights of both the dual attributes. From the private rights perspective, China's " Consumer Law" gives consumers the right to appeal on an entity , allowing consumers to know when the operator violated when the operators' request for compensation. From the perspective of civil rights , "Consumer Law" in paragraphs 5, 6 respectively provide the State and society 's responsibility to protect legitimate interests of consumers , in the " Consumer Law" Chapters IV and V also were made even more specific provisions. States and consumer organizations to protect consumers' right to be the primary means of consumer information disclosure to consumers . However , overall, China's " Consumer Law " or the main use of the protection of civil rights means to protect consumer 's right to know , except that means there are still some deficiencies , with the economic law rights perspective to re-examine our consumers informed rights and the establishment of relevant supporting system which helps to better protect consumer rights , consumer protection legislation to promote the realization of the purpose .
Although most of the above requirements is a declaratory provision , no specific rights and obligations of the content , but at least we can say that countries and relevant consumer protection organizations should take various measures to protect consumers' right to information is achieved. Measures referred to here does not refer to judicial remedies , but through a number of ways to provide consumers with the information market can not provide or operators do not want to disclose information, such as avian influenza or publish the existence of foot and mouth disease and its risk , announced market conditions and other relevant information . Furthermore ,
"Consumer Law" Article 28 provides that the relevant administrative departments at all levels of government " should be in accordance with laws and regulations in their respective areas of responsibility , to take measures to protect the legitimate rights and interests of consumers ." Milli formulation of this law no questions asked the Government to take the initiative to protect consumers' right to know, and as a legal obligation to regulations. "Consumer Law" Article 32 will also provide consumers with consumer information consumer associations as one of the functions . For this reason, some people think that the government and public interest groups directly for information consumers exercise their right to know the main ways is one of the state and society on the protection of consumer rights principles embodied moderate intervention [ 22 ] .
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