消费者权利性质与保护路径研究——从民法典与单行法的关系切入

Research on the Nature and Protection Measures of Consumer Rights-From The Relationship between the Civil Law and Separate Law

随着市场经济的不断发展,消费者权益受到侵害的现象越来越普遍。消费纠纷的不断增多使消费者问题成为社会关注焦点,消费者保护问题也逐渐成为法学领域的重要课题。在司法实践中,尽管对消费者权益的保护采取了多重保护机制,包括民法保护、行政法保护、刑法保护等,但并不能改变消费者权利的民事权利属性。现行《消费者权益保护法》也以民法规则作为其基本内容,经营者主要承担的仍是民事责任。我国目前正在制定民法典各分编,民法典编纂体例的选择无疑会对消费者保护产生影响,故有了重新审视民法一般法与消费者权益保护特别法之关系的必要。如何借民法典编纂机会加强对消费者权益的保护是制定一部系统完善的民法典所绕不开的课题。

With the continuous development of market economy,the violation to consumer rights becomes more and more common in our society.The growing number of consumer disputes has made the issue become the focus of attention.The issue of consumer protection has gradually become an important subject in the field of law.In judicial practice,there are multiple protection mechanisms for consumer protection,including civil law,administrative law,and criminal low,etc.However,they do not change the civil rights attribute of consumer rights.The current Consumer Protection Act also adopts the rules of civil law as its basic content.The responsibility of business operators is still mainly civil liability.Our government is currently drafting various sub-codifications of the civil law,the choice of the codification system of the civil law will undoubtedly has an impact on consumer protection.Therefore,it becomes necessary to re-examine the relationship between the general law of civil law and the special law on consumer protection.How to take the opportunity of codification of the civil law to strengthen the protection of consumer rights is a subject that cannot be bypassed in the formulation of a comprehensive civil law.