消费者安全权问题研究
发布时间：2019-01-20 20:25
【摘要】：在当今社会,对消费者权益保护的立法状况已经成为衡量一个国家社会文明发展程度及法制建设完善程度的重要标志,对消费者权益的保护,已成为各国社会经济政策的重要组成部分。然而,随着科技的不断革新,消费渠道愈发畅通和便捷。由此带来的消费安全问题也接踵而至,立法的滞后性却无法对时常处于更新状态的侵害消费者权益的行为做出强有力的规制。新《消费者权益保护法》对相关概念的界定依然模糊不清,其调整范围依然备受争议,对消费者安全保障权的立法保护始终不够完整,种种原因使得消费者的人身权和财产权屡屡遭受威胁甚至侵犯却难以得到国家强制力的有效保护,打击了国民的消费信心,对国家经济秩序的维护以及经济社会健康稳定的发展产生了不小的负面影响。安全保障权作为消费者在消费活动中最基本、首要的权利,如今却成为导致消费者消费恐慌的最不受重视的权利。如今侵犯消费者安全权的问题频频发生却总是悬而未决或是解决方式和结果并不尽如人意。明确“消费者”应有之义和相关职能部门的职权范围、扩大《消费者权益保护法》的调整范围和消费者安全保障权的权利范围、强化细化经营者对其经营场所的安全保障义务、规范对消费者信息的保护方式以及加强企业社会责任等问题都有待解决。本选题主要采用文献研究法和对比研究等方法,通过大量阅读国内外关于消费者安全权保护研究的资料,并结合笔者对我国消费安全之社会现状的观察以及对相关新闻报道的跟踪。本文拟从最基本的概念界定入手,强调在法律层面对消费安全进行保护的完善已势在必行,倡议尽快启动《消费品安全法》和《服务质量法》等相关法律法规的立法工作,或是尽快颁布保护消费安全的相关司法解释,从法律层面为消费者营造安全有序的消费环境。以国家强制力为后盾从衣、食、住、行、用等方面全方位保障消费者安全权的行使是推动我国经济社会持续发展的应有之义,也是我国得以屹立于国际社会的强劲支持。
[Abstract]:In today's society, the legislative status of consumer rights and interests protection has become an important symbol to measure the degree of development of a country's social civilization and the perfection of its legal system, and to protect the rights and interests of consumers. It has become an important part of the social and economic policies of various countries. However, with the continuous innovation of science and technology, consumption channels become more open and convenient. As a result, the problem of consumer security comes one after another, but the lag of legislation can not make a strong regulation on the behavior of infringing consumers' rights and interests which is often updated. The definition of relevant concepts in the new Consumer Rights and interests Protection Law is still vague, and the scope of its adjustment is still controversial. The legislative protection of consumers' right to safety protection has always been incomplete. For a variety of reasons, consumers' personal and property rights are often threatened or even infringed, but it is difficult to obtain effective protection from the state's coercive power, which has dealt a blow to the consumer confidence of the people. On the maintenance of national economic order and the development of economic and social health and stability has produced no small negative impact. The right to safety, as the most basic and primary right of consumers in consumer activities, has now become the least valued right that leads to consumer panic. Violations of consumers' right to safety are now a frequent problem that remains unresolved or solutions and results are unsatisfactory. To clarify the proper meaning of "consumers" and the terms of reference of relevant functional departments, to expand the scope of adjustment of the Consumer Rights and interests Protection Law and the scope of the rights of consumers' right to safeguard safety, and to strengthen the refinement of operators' obligations of safety and security to their places of operation, The problems of standardizing the way of protecting consumer information and strengthening corporate social responsibility need to be solved. This topic mainly uses the literature research method and the contrast research method, through the massive reading domestic and foreign regarding the consumer safety right protection research material, Combined with the author's observation of the social situation of consumer security in China and the tracking of relevant news reports. This paper begins with the definition of the most basic concept, emphasizes that it is imperative to improve the protection of consumer safety at the legal level, and proposes to start the legislative work on the relevant laws and regulations, such as the Consumer goods Safety Law and the Service quality Law as soon as possible. Or as soon as possible to protect consumer security related judicial interpretation, from the legal level to create a safe and orderly consumer environment. The exercise of the right to protect consumers' safety in all aspects, such as clothing, food, shelter, transportation, use and so on, backed by national coercive power, is the proper meaning of promoting the sustainable development of our country's economy and society, and is also the strong support of our country standing firmly in the international community.
【学位授予单位】：云南财经大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8
本文编号：2412367
[Abstract]:In today's society, the legislative status of consumer rights and interests protection has become an important symbol to measure the degree of development of a country's social civilization and the perfection of its legal system, and to protect the rights and interests of consumers. It has become an important part of the social and economic policies of various countries. However, with the continuous innovation of science and technology, consumption channels become more open and convenient. As a result, the problem of consumer security comes one after another, but the lag of legislation can not make a strong regulation on the behavior of infringing consumers' rights and interests which is often updated. The definition of relevant concepts in the new Consumer Rights and interests Protection Law is still vague, and the scope of its adjustment is still controversial. The legislative protection of consumers' right to safety protection has always been incomplete. For a variety of reasons, consumers' personal and property rights are often threatened or even infringed, but it is difficult to obtain effective protection from the state's coercive power, which has dealt a blow to the consumer confidence of the people. On the maintenance of national economic order and the development of economic and social health and stability has produced no small negative impact. The right to safety, as the most basic and primary right of consumers in consumer activities, has now become the least valued right that leads to consumer panic. Violations of consumers' right to safety are now a frequent problem that remains unresolved or solutions and results are unsatisfactory. To clarify the proper meaning of "consumers" and the terms of reference of relevant functional departments, to expand the scope of adjustment of the Consumer Rights and interests Protection Law and the scope of the rights of consumers' right to safeguard safety, and to strengthen the refinement of operators' obligations of safety and security to their places of operation, The problems of standardizing the way of protecting consumer information and strengthening corporate social responsibility need to be solved. This topic mainly uses the literature research method and the contrast research method, through the massive reading domestic and foreign regarding the consumer safety right protection research material, Combined with the author's observation of the social situation of consumer security in China and the tracking of relevant news reports. This paper begins with the definition of the most basic concept, emphasizes that it is imperative to improve the protection of consumer safety at the legal level, and proposes to start the legislative work on the relevant laws and regulations, such as the Consumer goods Safety Law and the Service quality Law as soon as possible. Or as soon as possible to protect consumer security related judicial interpretation, from the legal level to create a safe and orderly consumer environment. The exercise of the right to protect consumers' safety in all aspects, such as clothing, food, shelter, transportation, use and so on, backed by national coercive power, is the proper meaning of promoting the sustainable development of our country's economy and society, and is also the strong support of our country standing firmly in the international community.
【学位授予单位】：云南财经大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8
【参考文献】
相关期刊论文 前2条
1 苏晓智;张波;;创新型消费者权益保护体系构建研究——以美国20世纪60年代消保运动为借鉴[J];湖北社会科学;2013年09期
2 何政泉;杨莉;;论我国消费者安全权保护机制的完善[J];西南石油大学学报(社会科学版);2009年05期
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