论消费者私力救济的正当性
发布时间：2018-08-22 18:34
【摘要】：随着市场经济的发展,消费者和经营者之间的消费纠纷愈演愈烈,消费者越来越喜欢采用私力救济的方式解决问题,私力救济的方式多种多样,有平和I的方式也有过激的方法,稍有不慎就容易酿成冲突。消费者私力救济容易触犯法律,因为消费者私力救济带有一定的民间性,它的种种手段源自于民间。消费者私力救济也容易侵害经营者的利益。就算如此,也有许多消费者愿意以私力救济的方式维护自己的权益。消费者私力救济的优点也很明显：1.低要求就是指私力救济几乎任何普通人都能办到,没有特定的专业要求和金钱要求。2.低耗时就是私力救济比公力救济耗费低得多的成本。3.高效率是指私力救济比公力救济花费低得多的时间。4.手段选择多样化等等。消费者私力救济对于公力救济的补充主要体现在以下几个方面。第一,功能补足。公力救济受到一定条件的制约,不可能成为唯一的纠纷解决机制,而私力救济没有太大的限制。第二,节约大量的司法资源。现在是一个诉讼膨胀的时代,2009年全国“两会”上,最高人民法院院长王胜俊向大会作报告时透露的两组数字引发社会普遍关注：2008年,全国各级法院受理和审结案件数量首次突破1000万件；最高人民法院受理的案件突破1万件。法院当前面临的案件数量急剧增加、案件类型不断增多、法律关系更为复杂的严峻态势摆到桌面上。第三,这种补充还体现在公力救济和私力救济的交融上消费者私力救济行为容易导致或者违法犯罪,或者损害社会利益和公共秩序,或者造成经营者利益的重大损害。因此,对于消费者私力救济行为要设定一个必要的范围,只要救济行为都不超出这个范围那就是合理的。消费者私力救济行为按照暴力程度不同,对其设定的限制也必然不同。课题分为四个部分,第一部分提出问题并介绍消费者私力救济现状：先对目前社会上众多的消费者私力救济现象进行归纳,进而研究私力救济现象众多的原因,再是提出目前消费者私力救济的困境;第二、三部分着重分析消费者私力救济的概念、特点、一般性理论以及正当性依据；第四部分,提出对策、解决问题,结合消费者私力救济的特点给出解决方案。
[Abstract]:With the development of the market economy, the consumer disputes between consumers and operators become more and more intense. Consumers are more and more interested in solving problems by means of private relief, which has a variety of ways. There is a peaceful I way, but also a radical method, a little careless will easily lead to conflict. Consumer private relief is easy to break the law, because consumer private relief has a certain folklore, its various means come from the folk. Consumer private relief is also easy to infringe on the interests of the operator. Even so, many consumers are willing to protect their rights and interests in private relief. The advantage of consumer private relief is also obvious: 1. Low requirements are private relief that almost any ordinary person can do, without specific professional and financial requirements. 2. Low time consuming is a much lower cost of private relief than public relief. High efficiency refers to private relief than public relief costs much less time. 4. Choice of means of diversification and so on. The supplement of consumer private relief to public relief is mainly reflected in the following aspects. First, functional complement. Public relief is restricted by certain conditions and can not be the only dispute resolution mechanism, but private relief is not too limited. Second, save a large number of judicial resources. This is an era of ballooning litigation. At the "two sessions" in 2009, two sets of figures revealed by the President of the Supreme people's Court, Wang Shengjun, in his report to the Congress, aroused widespread concern in society: in 2008, For the first time, the number of cases accepted and adjudicated by courts at all levels of the country exceeded 10 million; the Supreme people's Court received more than 10, 000 cases. The court is faced with a sharp increase in the number of cases, the increasing types of cases, the more complex legal relations on the table. Third, this kind of supplement is also reflected in the combination of public relief and private relief. The behavior of consumer private relief is easy to lead to crime, or damage social interests and public order, or cause significant damage to the interests of operators. Therefore, it is reasonable to set a necessary scope for consumer private relief behavior, as long as the relief behavior does not exceed this range. According to the degree of violence, consumer private relief behavior is bound to be different. The subject is divided into four parts. The first part puts forward the questions and introduces the current situation of consumer private relief: firstly, it sums up the phenomenon of consumer private relief in the society at present, and then studies the reasons for the numerous private relief phenomenon. Second, the third part focuses on the analysis of the concept, characteristics, general theory and legitimacy of consumer private relief; the fourth part, puts forward the countermeasures to solve the problem. Combined with the characteristics of consumer private relief, the solution is given.
【学位授予单位】：天津商业大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8
本文编号：2197959
[Abstract]:With the development of the market economy, the consumer disputes between consumers and operators become more and more intense. Consumers are more and more interested in solving problems by means of private relief, which has a variety of ways. There is a peaceful I way, but also a radical method, a little careless will easily lead to conflict. Consumer private relief is easy to break the law, because consumer private relief has a certain folklore, its various means come from the folk. Consumer private relief is also easy to infringe on the interests of the operator. Even so, many consumers are willing to protect their rights and interests in private relief. The advantage of consumer private relief is also obvious: 1. Low requirements are private relief that almost any ordinary person can do, without specific professional and financial requirements. 2. Low time consuming is a much lower cost of private relief than public relief. High efficiency refers to private relief than public relief costs much less time. 4. Choice of means of diversification and so on. The supplement of consumer private relief to public relief is mainly reflected in the following aspects. First, functional complement. Public relief is restricted by certain conditions and can not be the only dispute resolution mechanism, but private relief is not too limited. Second, save a large number of judicial resources. This is an era of ballooning litigation. At the "two sessions" in 2009, two sets of figures revealed by the President of the Supreme people's Court, Wang Shengjun, in his report to the Congress, aroused widespread concern in society: in 2008, For the first time, the number of cases accepted and adjudicated by courts at all levels of the country exceeded 10 million; the Supreme people's Court received more than 10, 000 cases. The court is faced with a sharp increase in the number of cases, the increasing types of cases, the more complex legal relations on the table. Third, this kind of supplement is also reflected in the combination of public relief and private relief. The behavior of consumer private relief is easy to lead to crime, or damage social interests and public order, or cause significant damage to the interests of operators. Therefore, it is reasonable to set a necessary scope for consumer private relief behavior, as long as the relief behavior does not exceed this range. According to the degree of violence, consumer private relief behavior is bound to be different. The subject is divided into four parts. The first part puts forward the questions and introduces the current situation of consumer private relief: firstly, it sums up the phenomenon of consumer private relief in the society at present, and then studies the reasons for the numerous private relief phenomenon. Second, the third part focuses on the analysis of the concept, characteristics, general theory and legitimacy of consumer private relief; the fourth part, puts forward the countermeasures to solve the problem. Combined with the characteristics of consumer private relief, the solution is given.
【学位授予单位】：天津商业大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.8
【参考文献】
相关期刊论文 前2条
1 胡晓涛;;替代性纠纷解决机制在我国的适用[J];南京审计学院学报;2011年03期
2 牛旭;;交通事故中强制撤离的法律性质探析——以西安市《轻微交通事故当事人自行协商处理及保险快速理赔办法》为例[J];上海公安高等专科学校学报;2012年03期
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