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北美作业代写:Consumer concept

2018-07-07 来源: 51due教员组 类别: Essay范文

下面为大家整理一篇优秀的essay代写范文- Consumer concept,供大家参考学习,这篇论文讨论了消费者的概念。消费者,指的就是为个人、家庭或家用而非转售目的而购买商品或服务的个人,以及为个人目的而非商业目的使用产品的自然人。有关消费者的主体范围,有人认为其原则上仅限于自然人,不应当包括单位。单位因消费而购买商品或接受服务,应当受合同法调整,而不应当受法律的调整,也有学者认为消费者不仅限于自然人,还应当包括个人、家庭需要或者团体消费。

Consumer,消费者,essay代写,paper代写,北美作业代写

So-called "customers", in accordance with the "black law dictionary" explanation, refers to "for personal, family, or household to purchase goods or services rather than for resale purposes of individuals, as well as the purpose for personal and non-commercial purposes of natural person", "consumer rights and interests protects a law" of our country on the definition of consumer is "for the life consumption need to purchase and use goods or accept service", surrounding the definition, legal science of dispute mainly has two points: one is the main body of consumers is limited to natural person, legal person and social groups whether belong to the consumer; Second, the law only protects whether consumers' "life consumption" is reasonable and how to define "life consumption".

Some scholars believe that the scope of the subject of consumers is limited in principle to natural persons and should not include units. Because the unit consumption and to purchase goods or receive services, shall be adjusted by the law of contract, and shall not be affected by the adjustment of the consumer rights and interests protection act, also the scholar thinks consumers are not limited to natural person, shall also include individual, family or community consumption. The author thinks that, with the development of science and technology, especially the popularization of Internet application, the "customers" is limited to the scope of a natural person, has not adapt to the development of the society, is unfavorable to protect the lawful rights and interests of the parties. This is largely because, first of all, with the improvement of product information degree of specialization, although buyers access to information ability improved, but its ability to analysis, identify the information, but relatively declined, ordinary buyers cannot rely on its own judgment of product quality, buyers and producers and sellers with unequal power, and the gap is widening; Second, the rapid development of network technology, make the third party trading platform to expand our reach, consumption way of trading, compared with the past, great changes have taken place by traditional goods money both face to face to many kinds of way to trade, such as shopping, buying, etc; Third, the consumption concept and the end consumer main body also had a big change. As the change of consumption concept, the part of the product is belong to the "cost of living" there are different views, due to differences in income levels, different economic level of a natural person's understanding of life consumption is put in bigger difference, such as buying tickets to the theatre and watching movies, whether this kind of consumer behavior belongs to the "cost of living", different groups have different opinions. The end consumer body has also changed a lot. The end consumer body of watching movies can be personal consumption, family consumption, or group consumption. At present, the definition of "life consumption" mainly includes the standards of subjectivity and objectivity, rule of thumb and final consumption. From the perspective of fuzzy jurisprudence theory, some scholars used different mathematical models to explore the true meaning of "consumers". The theory of fuzzy jurisprudence holds that legal concepts are a fuzzy set. According to the theory of fuzzy jurisprudence, the extension of consumers is uncertain. The author thinks that in actual judicial activities, the fuzzy theory with the practice of justice of law makes little sense to accurate use of the concept of law, and the fuzziness of fuzzy theory of law philosophy is not conducive to adjust and standardize the social relations and citizenship behavior and damage the authority of the law.

As for whether it should be on the "consumer" standards "consumption" as the limit, the author thinks that in the existing "consumer rights and interests protects a law" and "food safety law system, will be limited to consumers" life consumption "is necessary. In view of the existing law has to the "customers" to "consumption" as the constitutive requirements of clear limits, before lawmakers did not officially launched legal modify the program, change or even completely deny the content of the original law violates the legal theory, more will damage the authority of the law, undermine its credibility. , of course, as I mentioned earlier, in view of the consumer in the process of payment and the diversity of the terminal consumer, and consumers and producers and operators of widening inequality status, can be considered in the "cost of living, to adopt a more broad standards.

The supreme people's court in the relating to food and drug administration disputes provisions on some issues of applicable law, the third rule: "because of the food and drug quality problems involved in a dispute, buyers to producers and sellers claim, producers and sellers to the buyers know food and drug quality problems and still buy on defense, the people's court shall not support", which will officially introduced the concept of "buyers" food and drug case. Economic legal relationship, the word "purchaser" first appeared in China's "anti-unfair competition law", since "consumer rights and interests protects a law", "food safety law and so on all use the term" customers ", compared to the consumers' rights and interests protects a law "and" food safety "of the word" consumer "and" buyer "and its difference is mainly manifested in the following respects.

First of all, analysis from the aspects of arts and explain, "the buyer" refers to the buying behavior of people, can be a natural person, can also be a family, company or other organizations, and "customers" refers to the purchase and use goods or accept services, as a general rule, be a natural person. According to "consumer rights and interests protection law", "customers" to "consumption" as the constitutive requirements, while the "buyers" without this limitation, productive consumption can still set up purchasing behavior.

Second, from the analysis, the purpose of the judicial interpretation issued by the supreme people's court was needed at the judicial interpretation, one of the agent is trying to introduce the word "buyer", expanding "consumer rights and interests protects a law", "food safety" "customers" in the applicable scope, the unified judicial practice in the "customers" identity when processing standard is not unified, and better protect the legitimate rights and interests of the parties.

Disputes over the scope of consumer application and the concept of life consumption have continued since the beginning of the law on the protection of consumer rights and interests. It led directly to the local courts deal with related issues facing difficulties with applicable standards, supreme people's court, the paper introduced a concept of buyers, is hoping to "consumer rights and interests protects a law" and "food safety law has not yet been incorporated into units, groups such as the main body into the category of consumers, along with all the demands of this kind of main body to maintain their legal rights and provide legal support.

In addition, as the change of consumption concept, determine whether the parties to purchase a commodity consumption life more difficult, the past decision criteria such as subjective and objective consistent said, the rule of thumb says highlights its limitations. Supreme law through the introduction of the concept of "buyer", on the one hand, in the protection of the legitimate rights and interests of the parties has expanded, on the other hand also indirectly to give the court more discretion, allow the judge according to the experience of the social life, the values of specific case judgment, to determine the purpose of the parties to purchase goods and its identity. In other words, the Supreme Court's action means the expansion and revision of past judgment criteria such as "rule of thumb theory".

To be sure, the regulations of the Supreme Court, in addition to outside the third used the word "buyer" and other provisions is the widespread use of the word "customers", thus, the judicial explanation of indirect adopt the concept of general consumers, so that consumers and buyers tend to be uniform on the connotation and denotation. This means that as a "consumer" constitutive requirements of the standard of "cost of living", in fact, be able to expand, the past was left out in the consumer behavior of so-called "know the fake fake" behavior, included in the cost of living. Although this increases the buyers to according to the risk of malicious litigation, but relative to the national security of food and drug safety and health, standard and orderly market order maintenance, clearly the law is more focus on the latter.

For strengthening the protection of consumer rights and food and drug administration, the Supreme Court to know fake fake person included in the main body of civil compensation claim, but the concept of "consumer" and "buyer" coexist, could trigger for the judicial interpretation of new question: does not exclude the district court in the courts of the above two concepts still discriminate, make to the understanding of consumers and return to a narrow level, thus breaches the original intention of judicial interpretation. Of article 4 of the regulations, for example, "the food and drug producers and sellers provide consumers the gifts of food or drug quality and safety problems, causing damage to consumers, consumers claim, producers and sellers of gifts for payment of consideration by consumers of the defense, the people's court shall not support", some people think that the right subject of here since be expressed as "customers" rather than "buyers", means for buyers is not used for personal consumption, if its accept gifts of faulty cause person damage outside of its oneself, the buyer cannot claim; However, the victim has no contract with the food and drug producers or sellers, and can only claim product liability without the right to file a contract lawsuit.

The author suggested that the supreme people's court is necessary to further clarify the regulations in the application of the relevant concepts, and the burden of proof of the parties to make principled regulations, unifying the court's judgment standard. At the same time, in the determination of "life consumption", the judge is given more discretion, so that he can flexibly deal with the new problems in food and drug consumption cases.

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