消费者议价的行为逻辑与权利表达

Consumer Bargaining:Behavior Logic and Right Expression

身处议价时代的消费者具有极其鲜明的权利诉求。市场结构的剧烈变化导致价格形成的反规律性,消费者议价行为名存实亡。既有消费者权利保护体系重视权利类型的增量供给,忽视从以价格为代表、从具体市场要素出发的存量改进,权责不清晰造成消费者议价权的行使障碍。公平与法治的社会改革与互联网技术的广泛应用,为消费者议价权的实现提供了理念支撑与平台基础。消费者议价权的制度维护应当在弱势保护、信息公开与责任落实的理念前提下,充分发挥消费者组织的群体议价优势,依仗价格调控措施实现畅通议价,通过垄断价格规制与消费者公益诉讼促进新型消费者权利的法律实现。

Consumers are very clearly entitled to voice their rights in the age of bargaing.The acute changes of market structure lead to the counter-regularity in price formation,bargaing behaviors of consumers are actually as good as dead already.The existing consumer rights protection system pays more attention to the incremental supply of the type of right,while ignoring the improvement of stock,which is represented by price and starting from the specific market factors.Unclear rights and liabilities have produced obstacles preventing consumers from exercising their bargaining power.The social transformation based on justice and rule of law and the extensive application of intemet technology have provided the supporting value and platform foundation for consumers to realize their bargaining right The bargaining system should be maintained under the premise of such ideas as protecting the weak,publicizing information and fulfilling responsibilities,so as to give full play to the group bargaining advantage of consumer organizations,realize the unblocked bargaing depending on the price regulation measures,and promoting the realization of the laws of consumers＇ new rights through price monopoly regulation and consumers＇ public interest litigation.