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消费者权益的法律保护是当今世界各国都比较关注的问题,联合国把每年的3月15日定为“国际消费者权益日”。我国开展保护消费者权益的活动还是近几年的事。随着对外开放,大量国内外商品涌入家庭,使消费者人数增加,消费水平提高,与此同时也出现了一些侵害消费者权益的案件。为了保护消费者的权益,一些省(市)制定了相应的地方性法规或条例,国务院及有关部委还制定了一些全国性的单行法规。如《计量法》、《工业产品质量责任条例》。但是上述立法比较分散、零乱,操作不便,有的内容已落后于观实。因此,从保护消费者利益出发,必须尽快制定一部保护消费者权益的基本法,明确消费者与经营者和有关部门的权利义务,直正做到有法可依,有法必依,从而真正保护消费者的合法权益。 任何一部法律的形戒,都应有其基本结构,它既反映了一个国家的立法水平,又反映了该部法律的总体轮廓,使人一目了然。笔者认为消费者权益保护法(以下简称本法)的基本结构应分为:总则;消费者基本
The legal protection of the rights and interests of consumers is a problem of concern to all countries in the world today. The United Nations sets March 15 each year as the “International Day for Consumer Rights and Interests.” China's activities to protect the rights and interests of consumers are still things in recent years. With the opening up to the outside world, a large number of domestic and foreign goods poured into families, increasing the number of consumers and raising the level of consumption. At the same time, some cases of infringement of consumers' rights and interests appeared. In order to protect the rights and interests of consumers, some provinces (municipalities) have formulated corresponding local laws and regulations or regulations, and the State Council and relevant ministries and commissions have also formulated some nationwide individual laws and regulations. Such as “measurement method”, “industrial product quality responsibility regulations.” However, the above legislation is relatively fragmented, messy, inconvenient to operate, and some contents have lagged behind reality. Therefore, in order to protect the interests of consumers, we must, as soon as possible, formulate a basic law on the protection of the rights and interests of consumers, clearly define the rights and obligations of consumers and operators and relevant departments, and ensure that laws and regulations are followed and laws are adhered to to truly protect The legitimate rights and interests of consumers. The legal structure and the law of any one law should have its basic structure. It reflects not only the legislative level of a country, but also the general outline of the law of that part of the country. The author believes that the Consumer Protection Law (hereinafter referred to as the law) of the basic structure should be divided into: General; Consumer Basic