竞争法(双语)课程02-comsumer-protection课件.ppt
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- 竞争 双语 课程 02 comsumer protection 课件
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1、Chapter 1 Consumer ProtectionYu LingLaw School of JUFELearning Objectivesl(1)Explain the concept of consumer the essentials of a consumerl(2)Describe the rights of consumer,comparing the obligations of business operatorsl(3)Analyze how should we protect consumer?l(4)Expound a consumer to enforce his
2、 legal rightsContentsConsumerObligations of Business OperatorsSettlement of Disputes The Basic Theory Of Consumer Protection513412Syllabus uCompetition law claims to seek benefits for consumers,but consumers often have little voice in shaping the law.uWhy?Competition Laws Dilemma What happeningWhat
3、happening Inferior milk powder Kentucky Fried Chicken with Sudan Red 1Food made by dirty oil fake Toxic food1.Consumer 1.1 Definition Consumer is a person who pursues purchasing and using commodities or receiving services for daily consumption.1.2 Catalogue of consumers Consumers are:Purchasers of c
4、ommodities Users of commodities Receivers of servicesconsumerpurchasersusersreceivers of servicesWho is a consumer?Question My mother bought a bottle of Coca-Cola from a supermarket.My father,my sister,my brother and Yaoming all enjoyed it.But only Yao suffered from upset stomach after drinking it.a
5、)Who among these people are consumers?Why?b)Does the person who doesnt pay for the commodity qualify as a consumer?c)Does the person who isnt injured by the commodity have the same rights as someone who is?2.Rights of ConsumersRight to securityRight to knowRight to choose Right to a fair deal Right
6、to demand compensation Right to form public organizations Right to acquire knowledge Right to be respected Right to exercise supervision 2.1 Right to security Consumers shall,in their purchasing and using of commodities or receiving services,enjoy the right of the inviolability of their personal saf
7、ety and safety of property.Consumers shall have the right to demand business operators to supply commodities and services up to the requirements of personal and property safety.Question Two ladies(Miss A and Miss B)were dining in the same restaurant.They fell into conflict to get the only vacant tab
8、le.Miss A called her friends for help.They hurried to the restaurant.After beating Miss B too badly,they run away.Without information of these men and Miss A,can Miss B sue for damages?Who is the defendant?QuestionnaireStudents do the questionnaire by raising their hands.1.How many of you have bough
9、t apples by yourself?2.How many of you have bought an apple with a label?3.How many of you find the label is to hide the flaws?4.What do you think it is right to do that by fruit vendors?5.Which kind of right is injured?2.2 Right to know Article 8 Consumers shall enjoy the right to obtain true infor
10、mation of the commodities they purchase and use or the services they receive.The essentials of TRUE:Objective Entire RealContents including:Prices Origin Manufacturers Usage Functions Standards Grades Main ingredientslDate of production lTerms of validity lCertificates of inspection lOperation instr
11、uctions lAfter-sale services lInformation relating to contents,standards and cost of servicesSyllabus Case Study A Piece of News P:Dong Yanbin,a Ph.D student at CUPLE D:SARFT (the State Administration of Radio Film and Television)the cinema F:Lust,Caution was been cut so much that he couldnt underst
12、and what the film wanted to say.Reason of action:The D infringed upon Ps consumer rights(Right to know and fair deal)Claim:apologies and 500 Yuan in psychological damagesVoice from P I felt greatly disappointed after seeing the movie.Compared to Eileen Changs original,the incomplete structure of Lus
13、t,Caution makes it hard for the audience to appreciate the movies art,Syllabus Case Study:Ill-fated Carrefour Fact Chongqing price control department preliminarily identified that a Carrefour shop in Chongqing conducted under false pretenses in sales promotion.Some goods that were sold at the normal
14、 price in the shop were labeled“discount”.The consumers werent aware of it.The price control department said that they are collecting some proofs and the shop will be fined between 20,000-200,000 Yuan as soon as the shops false pretenses are verified.Questions How do Carrefour shops cheat consumers?
15、What is the secret in Carrefours price label?Goods that were sold at the normal prices were labeled“discounted price”.The labeled price is different from the actual price.2.3 Right to choose Consumers shall enjoy the right of free choice of commodities or services.The right to choose includes:to cho
16、ose from which business operators to get commodities or services from to choose among varieties of articles or forms of services to buy or not to buy any kind of commodities,or to accept or not to accept any item of services to make comparisons,differentiations and selectionsQuestionnaireWhen you ar
17、e wondering to buy a mobile phone,please list the choosing procedure and the content.1.To buy or not to buy?2.Where to buy?3.What kind of mobile phone?4.To buy a bare mobile phone or a pricing package?Syllabus Class DebateWhether the corkage fee should be charged?A corkage fee is a charge imposed on
18、 the customers who bring their own drinks into a restaurant for consumption.32 Pros:Business operators have the right to free operation.Cons:It violates the consumers right to choose and right to a fair deal.1.When business operators rights conflicts with consumers rights,which one will prevail?2.Ho
19、w can business operators enjoy their right to free operation?Divergent Questions Consumer protection laws always pay more attention to consumers rights.But it doesnt mean business operators cannot enjoy their own rights.According to Chinese legislation,they also can enjoy it.35 Business operators sh
20、ould abide by the following two principles:(1)Notify consumers clearly before their consumptions.(2)Charge a reasonable fee.The actual cost of the corkage fee may vary depending on the location of the restaurants,the price of the drinks and so on.Red wine¥50 Corkage fee¥100362.4 Right of fair deal A
21、rticle 10 Consumers shall enjoy the right of fair deal.Consumers shall,in their purchasing commodities or receiving services,have the right to obtain fair deal prerequisites such as guarantee of quality,reasonable prices and correct measurement,and have the right to refuse any compulsory transaction
22、 of business operators.2.4 Right of fair deal Detailed rights are:to obtain fair deal prerequisites such as guarantee of qualityto obtain reasonable pricesto obtain correct measurementto refuse any compulsory transaction of business operators2.5 Right to demand compensations Lets suppose Mary bought
23、 a box of Mooncake from a store for a special discount and got some ice-cream as a bonus.Her husband Mike and their 4 kids all enjoyed it.But only Mike suffered from an upset stomach after eating it.Mike spent 2000 and 3 days in the hospital.Questions:(1)Can Mike get compensation for his suffering?(
24、2)Who should be responsible for the medical fees and lost wages?A.The store B.The manufacturer C.Both of them(3)What types of compensation are available to Mike?(4)What must Mike do to get his compensation?(5)Can the store and/or the manufacturer use“The ice-cream was free,so we have no legal respon
25、sibility”as a defense?1.Who?(1)Who are eligible for compensations?(2)From whom can consumers get compensation?2.What type of compensation is possible?3.How to get the compensation?Right to demand compensations 2.5.1 Eligible parties Eligible parties are consumers who suffered from personal injury or
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