消费者是购买和使用产品和服务的人。我们都是消费者，消费者在一个国家的经济体系中扮演着重要的角色。没有消费者的需求，生产者将缺乏一个主要的动机产生。而今天，侵害消费者权益的现象也不断增多，例如，英语论文，人们在购买东西时出现质量问题，购买假冒伪劣产品，英语论文范文，在餐厅就餐等这些违规行为，一些消费者选择保持沉默，其他人则以错误的方式保护自己的权益。消费者与经营者是相互依赖、相互对立的阵营，而消费者作为弱势群体，往往面临着巨大的风险和损害，本文将重点讨论是否应该保持消费者权益。 Consumer is someone who buys and uses products and services. All of us are consumers, and customers play a vital role in the economic system of a nation. Without consumer demand, producers would lack one of the key motivations to produce: to sell to customers. The client also forms part of the chain of distribution. In any society, all people are required to be as the main client: to maintain survival, first of all, food, clothing, shelter, and these basic requirements must be met. And in society which characterized by the division of economic and social goods, customers get consumption by the exchange of commodities involved. Thus, in modern times, there are two boundaries which are consumers and operators of shared class. Consumers and operators are interdependent and mutually antagonistic different camp, and consumers as a vulnerable group, often face enormous risks and damage because of operator fraud, deception, and malicious acts of negligence. Especially in contemporary society and knowledge economy era industry, consumers and operators have the asymmetry information problem in the same transaction, and disadvantaged clients are more vulnerable while operators have more hegemony. For this reason, the consumer protection movement arose, and it has become a common phenomenon in various countries laws in the world today, there are more and more disputes about the rights and interests of consumers and problems in the handling of such disputes (Bin, 2017). And, today, the phenomena which violating consumers’ rights and interests also continue increasing, for example, having quality problems when people bought things, buying fake and inferior products, and belongings are stolen when eating in the restaurant, etc. After these series of violations, some consumers choose to remain silence, and others protect their rights in wrong ways.
This kind of phenomena brings great influence to consumers: if they meet quality problems, they will suffer some economic losses; if they buy fake and inferior products, they will have health problems even they will be murdered by the products; if their belongings lose when eating or buying, maybe their important certificates will never be got back, thus they suffer losses which beyond compensation. Each of us is consumer, and we are a society cell so that our rights are society’s right. If our rights cannot be protected, society’s right will not be protected either, and if society’s rights cannot be protected, there will be much chaos and panic. The protection of financial consumers is an indispensable guarantee for the sound development of the financial market. (DeJarnatt, 1998) Why do clients’ rights and interests suffer damage? This is because merchants want to higher profit.
Law is a system of rules enforced by governments to govern behavior. Laws can be made by legislatures through legislation, the executive through decrees and regulations, or judges through binding precedent (normally in common law jurisdictions). Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept substitute arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution (written or unwritten) and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Consumer rights are afforded when a legislature enacts laws that prevent fraudulent and unfair business practices. This form of law is called Consumer Protection Law. In the United States, the Federal Trade Commission's (FTC) Bureau of Consumer Protection helps protect and police consumer rights. Each country and state have their own restrictions on business practices; however, most fraud is prevented when consumers know their rights, do their research and illegal activities when they happen. It has to be a knowledgeable buyer to exercise your rights.
Consumer Protection Law or Consumer Law is considered an area of law that regulates private law relationships between individual consumers and the businesses that sell those goods and services. Consumer protection covers a wide range of topics, including but not necessarily limited to product liability, privacy rights, unfair business practices, fraud, misrepresentation, and other customer business interactions. The legal theory of consumer protection law as an emerging discipline becomes increasingly prominent. Revised Protection Law of Consumer’s Rights and Interests came into practice on March15, 2017, requesting the participation of consumers in the development of mandatory standards (DeJarnatt, 1998). For customers, it is a weapon and basis to protect themselves. It’s a way of preventing fraud and scams from service and sales contracts, bill collector regulation, pricing, utility turnoffs, consolidation, personal loans that may lead to bankruptcy. Law of the People’s Republic of China on Protection of Consumer Rights and Interests tells us rights of clients clearly. According to article 7, “Consumers shall, in their purchasing and using commodities or receiving services, enjoy the right to the inviolability of their personal and property safety. Customers shall have the right to demand business operators to supply commodities and services up to the requirements of personal and property safety”. According to article 8, “Consumers shall enjoy the right to obtain accurate information of the commodities they purchase and use or the services they receive. Consumers shall have the right to demand business operators, in light of the different conditions of commodities or services, to provide their prices, origin, manufacturers, usage, functions, standards, grades, main ingredients, date of production, term of validity, certificates of inspection, operation instructions, after sale services or information relating to contents, standards and costs of the services”. According to article 9 “Consumers shall enjoy the right of free choice of commodities or services. Consumers shall have the right to make a free choice of business operators for supply of commodities or services, select freely among varieties of articles or forms of services and decide independently to buy or not to buy any kind of commodities, or to accept or not to accept any item of services. Customers shall have the right to make comparisons, differentiation s and selections when they make a free choice of commodities or services”. According to article 10 “Consumers shall enjoy the right of a fair deal. Consumers shall, in their purchasing commodities or receiving services, have the right to obtain a fair deal prerequisite such as a guarantee of quality, reasonable prices and correct measurement, and have the right to refuse any compulsory transaction of business operators”. (Moore, 2017)So, as mentioned, having quality problems when people bought things, buying fake and inferior products, and belongings are stolen when eating in the restaurant, if customers’ these legal rights are violated, merchants must break the Consumer Protection Law. If consumers let these kinds of illegal things happen, in other words, consumers do not protect themselves in legitimate ways, they will suffer more illegal cases. Thus customers will suffer property damage and mental anguish.
So in the legal community, all of us should safeguard our legitimate rights in the following three aspects.
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