产品缺陷致人损害中消费者权利保护法理探析-legal analysis on protection of consumers rights and interests in damage caused by product defects.docxVIP

第第 iv 页ABSTRACTvalue orientation and spiritual guidance to perfect the legislation. To protect the consumer rights that damaged by defects of products, has four aspects in value: that is, human rights, safety, efficiency and justice. Among them the human rights is the first value. To protect the human rights should be the pointer in handling the consumer disputes and improving the legal system of consume protection.The third part is the comparison and analysis on law and legislation ideology. The value of law provided macroscopical evaluation criterion and direction guidance,Microscopic legislative reference could be provided through comparison and analysis of related legal ideology and legal system at home and abroad. Through comparison of Chinese legislation and USA, Japan, German and other developed countries, we found that deficiencies exist within the Chinese law concerning the scope of product, the classification of products and criteria of judgment and the regulation of protection of consumers, which go against the protection of human rights. Simultaneously, the legal construction is not perfect as to product responsibility and protection of consumers. It is suggested that we learn from law theory and the legislative experience of advanced western countries, strengthen the theoretical and legislative construction of protecting consumers aiming at protecting human rights.The fourth part is about the improvement of consumers’ rights protection on human’s damaged by defects of products. This paper suggested that we follow the principle of protecting consumer rights, the principle of strict liability, principle of punitive damages and principle of convenience for consumers legal action, protecting consumers’ rights on human’s damaged by defects of products in light of human rights, safety, efficiency and justice, by using foreign advanced legal ideology and legislation experience for reference. Some advices for improving consumers’ rights protection are proposed