關于法律保護消費者知情權的戰略分析 On the legal protection of the consumer's right to know Strategic Analysis
Abstract 摘要
In recent years, with the continuous development of social economy and people's living standard continues to improve, consumer awareness of the legal protection of their rights and interests are constantly reinforced, and has become a focus. Although the 'Consumer Protection Law' clearly the consumer's right to know, the right to security, options, claims, fair trading rights, the right of association, the right to respect for rights and knowledge to supervise nine right now, but really implement them but there are great difficulties and shackles. This paper will present the status of the consumer's right to know and study the main problems, and on this basis propose some effective legal protection strategies for reference.
近年來,隨著社會經濟的不斷發展和人民生活水平持續提高,消費者權益的法律保護意識不斷增強,并已成為一個焦點。盡管消費者保護法明確了消費者具有知情權,安全權,自主選擇權,公平交易權,結社權利,受到尊重權和知識受到保護等九項權利，但當前真正實施時候，有巨大困難和桎梏。本文將展示當前消費者知情權的現狀并研究其中的主要問題,并在此基礎上提出一些有效的法律保護策略參考。
1.the case 案例
Xi'an Chan watching the movie 'Tangshan Earthquake', because before the show takes a long time to play titles advertisement was very angry, and then they put a movie theater together with the issuer to court; Yanta District People court verdict returned Chan movie theater fare 35 yuan. In the first instance the court finds the infringement is established.
陳西安觀看“唐山大地震”電影時,因為在電影之前需要觀看很長時間的標題廣告，一氣之下,他們把電影院連同發行方告上法院; Yanta 地方人民法院判決返回陳電影院票價35元。這是法院受理知情權侵權成立的第一個實例。
July 22, 2010, Ms. Chen Studios in Xi'an PolyBona watch 11:55 film 'Tangshan Earthquake', but then did not like about playing Studios movie 'Tangshan Earthquake', but the first play for a very long embedded advertising. October 9, 2010, Ms. Chen because of dissatisfaction with the conduct of cinemas showing ads to Xi'an PolyBona Studios, the issuer Huayi Brothers Media Corporation and copyright side together on the court, the defendant claims that movie ticket refund the amount spent 35 yuan, and compensation for mental damages, $ 1. Court held that the plaintiff and the defendant Ms. Chen Xian PolyBona Studios has been formed between the consumer contractual relationship, the defendant Film City in providing screenings services in the process, should be strictly in accordance with China's 'Consumer Protection Law' provisions , its implementation obligations; According to the National Radio and Television headquarters in 2004 awarded the ad placement manage files on the spirit, clearly stipulates the defendant for any reason without the consent of the copyright side random implant placement advertising. According to the provisions of the preceding two paragraphs, the defendant Xi'an PolyBona Studios there are not only free to implant placement advertising, but also screenings before the consumer is not fulfilled the obligation to inform, that violation of the consumer's right to know. The defendant in this behavior, leading plaintiffs forced to watch up to 12 minutes of advertising, so Xi'an PolyBona Studios Ms. Chen should bear tort liability to consumers and breach of contract. Based on this, the Court of First Instance ruled that the defendant returned to the plaintiff, Xi'an Chan PolyBona Studios $ 35, but Chan's other claims be dismissed. #p#分頁標題#e#
After the verdict in the case, although the court rejected the plaintiff's other claims Chan, but still in the form of judicial recommendations made to the defense of the judicial system to further improve the service proposal. Its content is: the case in the trial against Xi'an Chan PolyBona Xintiandi shadow, the copyright side, and Huayi Brothers Media Corporation service contract dispute case, we found that ad placement in films screened in violation 'on the strengthening Video Chip advertising management, 'the relevant provisions, in particular arbitrary equipped with a variety of ad placement, resulting in ad placement takes too long, while the placement of the ads are not broadcast on the consumer to make the obligation to fully inform. Based on this, the Court recommends greater emphasis on the following two aspects: First, stop in the movie 'Tangshan Earthquake' before playing implant placement advertising; Second, actively fulfill their obligation to inform advertising before playing inform ways expressly In the movie ticket below, especially screenings of the time, play time and Duration patch, but also can shop notices, websites and consulting phone, etc. to be publicized or express.
After the court verdicts, Ms. Chen received after the verdict said he was satisfied with the verdict, she said: 'Although the court did not fully support all the requests made by me, but still confirmed the defendants liable for breach and tort liability, ordered its return movie ticket costs, requiring the defendant to bear the costs of litigation, which has a similar consumer rights litigation exemplary. 'Chan said:' If the cinema no longer ignore the interests of consumers, litigation will bear the risk of losing. believe the future film screenings square stickers Advertisement, behavior will be more constrained, the Court in that case issued a 'judicial recommendation letter,' further acts done explicitly require placement advertising to make businesses pay more attention to protecting the interests of consumers. '
We can see from the case, as consumers, people's rights awareness in the continuous enhancement, courts and other judicial authorities have the responsibility to protect the interests of consumers to be implemented. Note that, in this case, Ms. Chen is actually a lawyer, as a consumer for their own right have a certain sensitivity, but if that becomes other people, people who do not understand the law, it may also Without this use of legal weapons to protect their rights consciousness. In the current market economic conditions, there is a wide variety of violations, especially in the consumer's right to know and do not care for their own, do not even know it was a kind of interest, thus enhancing the consumer's right to know law Protection, has a very important practical significance.
2.the current status of existing consumers' right infringement 消費者侵權現狀
Under the 'Consumer Protection Law' provisions of Article 8: 'Consumers know their purchase and use of goods or services received the right to the truth. Consumers have the right product or service under different circumstances, require operators to provide the price, origin, producer, uses, performance, size, grade, main ingredients, production date, expiration date, certificate of inspection, use instructions, service, or the service content, specifications, costs, etc. the situation. 'but in practice we have seen many forms of infringement cases, summarize it, mainly for the following types:#p#分頁標題#e#
1) failed to fully inform the consumer's obligation to make consumers Zhang, on 28 June 2011 at a wedding photo shoot photos, studio staff enthusiastically recommended a 1,888 yuan for the program and visited the studio with its thousands of sets in a variety of wedding dress. Zhang felt very satisfied, then delivery of the deposit and signed the order, and indicate in the order of the studio will provide eight sets of boutique dress. July 2, 2011, Zhang went to the studio with friends accompanied test equipment, the reception of her attendants to inform their wedding last seen in the fact that only a dozen of those are on the order to determine the 'boutique dress series,' while Other sets of wedding dresses are VIP member, if you want to select these dresses, then each user fees to be subject to 100 yuan. At this point, Zhang felt she had taken in, the studio was required to refund the deposit, then rejected; Zhang sued the studio. For this case, the studio did not provide consumers do to complete this obligation, which is made in its business activities noted in 'final interpretation of this event all mall' in a similar situation, it is an objective up A typical case of infringement of consumers' right to know.
Under the 'Consumer Protection Law' provisions of Article 8: 'Consumers know their purchase, use of goods or services received right to the truth.' And in this case, as the defendant in the consumer side of the studio by Zhang photography services, process, deliberately concealed 'boutique dress' and 'VIP members dress' the difference, and service costs, and Zhang to lead consumers to visit the thousands of sets of fact it does not enjoy the service boutique dress, in their knowledge of the induction of Zhang with the signing of orders, the act has violated the 'PRC Consumer Protection Law,' the provisions, especially Zhang violation of the consumer's right to know.
2) providing false information to consumers so-called false information provided to consumers, mainly refers to the false advertising to mislead consumers, convey false information to consumers, which is a violation of consumers' right to know way or means. For such violations, daily life is the most common pharmaceuticals and health care products sales in these areas many products, its features and pricing information for publicity there is some fake ingredients. For example, a shopping mall to handle its inventory Potter, right down jackets and other merchandise for promotional activities, which the advertisements said in a certain period of a day to a year on a certain day of the promotional period, during which the purchase of selected goods buy 100 get 50 enjoy preferential services (of which $ 50 is the gift vouchers). However, the fact is not the case, consumers will receive a voucher to go after a down jacket consumption, accidentally discovered the arcade hall has a notice of the increased use of vouchers two additional conditions, which must buy a particular brand of down jacket may use the vouchers; must purchase merchandise total reached 2,000 yuan, a gift voucher can only be used to offset the 50 yuan, and each item can not be used three vouchers. Under the 'Consumer Protection Law' provides that the mall's behavior is not only a serious violation of the consumer's right to know, but also a violation of its right to choose.#p#分頁標題#e#
3) to inform consumers of incomplete information, according to surveys, commodity information is currently not fully inform a lot of dealers preferred against consumers' right means and methods, especially in real commodity trading process, dealers often vigorously publicized through its sale of goods, the advantages of the services provided, but they sell the product and its inherent disadvantages and various security risks Yizibuti; Even if there is a consumer inquiry to this product's defects their answer is often vague, deliberately looking the other by the head divert the topic. This behavior often give consumers a very large economic losses, and even security risks. The most common is the practice of sale of real estate, auto sales and a variety of pharmaceutical sales. For example, Mr. Wang was in a car sales company recently purchased a new car, a great chance, Mr. Wang to the maintenance of their car only to find the car he bought turned out to be accident occurred, and there are traces of repairs car. Mr. Yu Shiwang very angrily to consumer fraud grounds, the car sales company to court, I hope the 'PRC Fee Protection Law,' the provisions of Article 49, asking them to double compensation, eventually identified on the basis of the truth, the court supported the lawsuit Mr. Wang's request for compensation. These cases, it was a very typical incompletely informed violations, violation of the consumer's right to know; automobile sales company selling car in the process, but informed Mr. Wang car's performance and advantages, but did not inform their car has been repaired to the fact that, so there is no obligation to inform in its obligations, violation of right to information belonging to inform insufficiency behavior.
3.To strengthen consumers' right to legal protection strategy 加強消費者保護的策略
Based on the above analysis, I believe that only the 'PRC Consumer Protection Law' is not enough, because only it is difficult to really implement this law, to know a real implementation of the significance of the legal system is much larger than its present value. Based on this, but also to develop a series of legal systems to be used in conjunction.
1) to increase consumer protection efforts in recent years, although the Chinese government and relevant departments have stepped up efforts to protect the interests of consumers, has developed a 'Product Quality Law' and 'Anti-Unfair Competition Law', but practical point of view a bit inadequate. Based on this, it should further intensify efforts to protect the interests of consumers, increasing legitimate rights and interests of consumers against legal liability, and from the law for civil regime in favor of consumers, such as no-fault liability regime and the burden of proof system. Now, many companies rely on their market dominance is always violated consumers' abusing its absolute advantage in the consumer price request unreasonable, or even the existence of forced trading unfair trading phenomenon. The reason is mainly because of the current economic nature of the majority of our business has undergone a transformation is no longer serving the public, but to reap high profits. In such a society under realistic conditions, rely on traditional moral restraint has been difficult to really solve this problem aggrieved consumer's right to know, we must increase efforts to protect the interests of consumers, particularly in the formulation and implementation of laws and regulations to work hard .#p#分頁標題#e#
2) to establish and improve consumer protection organizations or institutions for now, the world basically have consumer protection agencies, the United States and Japan and other developed countries, and even set up a special variety of the consumer protection association, implementation is also very good. Hand, the domestic situation, although there are consumer protection agency, but they are organized by government agencies, and also more regulated by the relevant government departments, in fact, does not have a dedicated commitment on behalf of government agencies to protect the interests of consumers. Under such conditions, the government departments will practice problems occurring buck each other, and ultimately no one department or agency responsible for violation of such rights and interests of consumers' right to not be true to stop, we can only let the matter rest .
3) to strengthen supervision, to further protect the interests of consumers in order to protect the interests of consumers, to give full play to the supervisory role of the relevant media, through radio, television and online media and other media, regular or irregular sampling of product quality and exposure, give dealers a relatively strong public deterrent. You can also implement reporting prize system, that mobilize consumers, to actively participate in market surveillance activities in the past, for the discovery of violations in a timely manner should be exposed, through strong public opinion, once the goods to natural selection survival of the fittest baptism. For the purposes of the relevant government departments should continue to strengthen the management of the business license sellers, especially related to people's lives and property safety of the goods or services, but also to stringent checks.
4. Conclusion 結論
All in all, the right to know the subject of equality between non-embodied a special civil legal relations, and its emphasis on the legal relationship in a weak position to give protection to consumers, but also embodies the essence of freedom and equality in the pursuit of the contemporary spirit of the law should therefore be given high priority.
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