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依《消费者权益保护法》之规定,如果消费者与商家产生纠纷,可以通过五种途径予以解决:双方协商、第三方调解、消费者协会投诉、仲裁与提起诉讼。那么,消费者权益保护法规定的五种解决方式能否顺利地化解消费纠纷呢?这些方式能否使双方当事人心悦诚服地接受且合乎法律的公平?所谓的“平息纠纷”是否意味着既合正义原则又是效益体现的最终解决?相对于国外的消费仲裁和小额诉讼,笔者总感觉中国的五种方式有某种天然不足,本文主要考察仲裁和小额诉讼作为解决消费纠纷手段的可能性,探讨消费纠纷专门仲裁解决机制的建构和在法院系统内部建立小额诉讼庭的设立。
According to the “Consumer Protection Law,” if there are disputes between consumers and businesses, there are five ways to solve them: consultation by both parties, mediation by third parties, complaints by consumer associations, arbitration and litigation. So, the consumer rights protection law provides that the five solutions to the successful resolution of consumer disputes? These methods can make both parties pleasing to accept and legally fair? The so-called “pacification dispute” means that both Compared with foreign consumer arbitration and small lawsuit, the author always feels that there are some natural deficiencies in China’s five ways. This article mainly examines arbitration and small-sum litigation as a means of solving consumer disputes Possibility, to discuss the construction of specialized arbitration settlement mechanism for consumer disputes and to set up a small lawsuit court within the court system.