消费者概念的法律界定之谫论

On the Legal Definition of the Concept of Consumer

《消费者权益保护法》修订后,消费者权益得到更为妥善的保护,但其未对消费者概念进行清晰的法律界定。加之学界多坚持消费者的自然人属性,致使该法与其他法律的保护范围存在重合与错位。从长远来看,仅以主体为标准判定法律的适用将不利于经济法典编纂的系统化与理论化。基于此,文章对消费者主体的保护范围进行科学、理性的界定,扩大其适法范围,以扩大其法律受益群体,进一步维护消费者权益。

After the amendment of“The Consumer Protection Law”,the rights and interests of consumers have been better protected,but the concept of consumers has not been clearly defined.In addition,many scholars insist on the natural person attribute of consumers,resulting in the overlap and dislocation of the scope of protection between this law and other laws.In the long run,it is not conducive to the systematization and theorization of the compilation of economic code to judge the application of law only based on the standard of subject.Based on this,this paper defines the scope of consumer protection scientifically and rationally,expands the scope of applicable law,expands the legal beneficiary groups,and further protects the rights and interests of consumers.