With the development of social economy and the improvement of income levels, consumer demand has grown, and the concept of legality has become deeply rooted in the hearts of the people. Consumer protection work has also received more and more attention from countries around the world. Judging from the consumer rights protection legislation in various countries around the world, protecting the legitimate rights and interests of consumers is only the primary goal of the consumer legal system. Protecting consumer rights and interests is to maintain the normal order of market transactions, the healthy development of the market economy, and social stability. Stability is the ultimate goal and value of the legal system for consumer rights protection. Therefore, the pros and cons of protecting consumer rights and interests should be judged based on whether it is conducive to the protection of consumer rights and interests, whether it is conducive to the development of the market economy, and whether it is conducive to social stability. In order to better enable consumer rights disputes to be effectively and effectively resolved, my country's Consumer Rights Protection Law has set up five channels: negotiation and reconciliation, mediation, appeal, arbitration, and litigation. In real life, consumers can choose and apply it according to the different disputes they encounter. Although the ultimate goal of these approaches is the same, in practical life, if different approaches are chosen, the results will be different. This not only affects the protection of consumers' legitimate rights and interests, but also affects the realization of legal values. This article conducts a multi-level and multi-faceted analysis and comparison of the five existing ways to resolve consumer rights disputes in my country, and proposes a reasonable plan on how to safeguard the legitimate rights and interests of consumers. On this basis, it proposes how to establish and improve consumer rights protection in my country. Some sound advice on the legal system.

[Key words] Arbitration of consumer rights disputes

1. Introduction

With the deepening of reform and opening up, the rapid economic development, and the Rights issues are becoming increasingly serious. Incidents that harm the interests of consumers are very prominent. Unfair competition that infringes on consumers not only disrupts the social and economic order, but also dampens the enthusiasm of legal producers and operators, makes consumers complain, and damages the country's international reputation. The status of consumer rights protection legislation has become an important indicator of the development of a country's social civilization and the perfection of its legal system. In order to protect the legitimate rights and interests of consumers, my country has promulgated a series of laws and regulations to protect the rights and interests of consumers. For example, the Price Law, Trademark Law, Advertising Law, Food Hygiene Law, Drug Administration Law, Product Quality Law, Consumer Rights Protection Law, etc. In particular, the Consumer Rights Protection Law has become a strong backing for consumers to protect their legal rights. This article analyzes and compares the five ways to protect consumers' legitimate rights and interests in the "Consumer Rights and Interests Protection Law", points out a clear idea for consumers on how to protect their legitimate rights and interests, and on this basis, provides guidance on establishing and improving consumer rights and interests. Some suggestions are made to protect the legal system.

2. Negotiation and Reconciliation

Reconciliation means that both consumers and operators clarify their responsibilities through friendly negotiation on the basis of equality and voluntariness, obtain mutual understanding, and finally reach a fair and reasonable settlement. A way of resolving consumer disputes. Negotiable settlement means that after a dispute occurs, consumers and operators negotiate and exchange opinions on the relevant dispute on an equal and voluntary basis and finally reach a solution to the dispute. When consumers find that their rights and interests have been infringed, or have differences with operators on issues related to their own interests, they can proactively contact the operators and put forward their own requirements and opinions. This method is simple, efficient and economical, and most of the consumer disputes involved are disputes with small subject matter and relatively simple case facts. Negotiated settlement is the most common in real life. If this method is accepted, the legitimate rights and interests of consumers will be protected, and the profits and goodwill of operators will not be damaged. The procedure is simple and saves time and energy. . This method will not have any negative impact on the development of market economy and the stability of social order. Compared with other methods, it has the lowest cost. It is an ideal method for both consumers and operators. Therefore, it is also the preferred method for resolving disputes between consumers and operators around the world.

Therefore, we often have to rely on administrative agencies or judicial agencies to resolve complaints from those disgusting operators who are dishonest and produce fake and shoddy products.

IV. Appeals

Administrative appeals refer to requests made by citizens or legal persons to administrative agencies for protection when they believe that their legitimate rights and interests have been harmed. After an administrative complaint is filed, the administrative agency will make a decision in accordance with the law, and the administrative agency's activities to resolve disputes of a civil nature within a certain range are a type of administrative adjudication behavior. National administrative agencies are the executive agencies of state power agencies. Most of the laws and regulations that have been enacted currently are implemented by national administrative agencies. The economic supervision of administrative agencies occupies a dominant position in the national economic supervision system. In the construction of the entire national supervision agency, the agencies that are responsible for improving the socialist legal system, protecting the legitimate rights and interests of consumers in accordance with the law, and directly protecting the rights and interests of consumers include the industrial and commercial administrative management departments and their branches responsible for the comprehensive management of general commodities and services. Agencies; food hygiene departments responsible for quality issues of food, drugs, and cosmetics; price departments responsible for commodity prices or service charges; and technical supervision departments responsible for commodity quality, service standards, and commodity measurement issues. my country's "Consumer Rights and Interests Protection Law" stipulates that "people's governments at all levels should strengthen leadership, organization, coordination, and supervision of relevant administrative departments to protect the legitimate rights and interests of consumers." It also stipulates that "people's governments at all levels should strengthen supervision, prevent Behaviors that endanger the personal and property safety of consumers shall be promptly stopped. In addition, Article 28 of the Consumer Rights and Interests Protection Law clearly stipulates that “the industrial and commercial administration departments of the people’s governments at all levels and other relevant administrative departments shall promptly stop the acts that endanger the personal and property safety of consumers.” In accordance with the provisions of laws and regulations, departments shall take measures to protect the legitimate rights and interests of consumers within the scope of their respective powers. Relevant administrative departments shall listen to the opinions of consumers and other social groups on the transaction behavior of operators and the quality of goods and services. , investigate and handle in a timely manner.” Therefore, the State Administration for Industry and Commerce has formulated some corresponding administrative regulations, such as the “Interim Measures for the Acceptance of Consumer Complaints by Industrial and Commercial Administrative Agencies”, “Measures for Punishments for Consumer Fraud”, and “Handling by Industrial and Commercial Administrative Agencies”. Measures for the Implementation of Consumer Complaints", etc. Administrative departments such as industry and commerce, price, health, and quality inspection actually perform their functions of protecting the legitimate rights and interests of consumers. The main factors that make them become an important way to protect consumer rights and interests are as follows:

(1) From the market From the perspective of economic development: In a market economy, in order to pursue their highest economic interests, operators sometimes harm social interests, including the interests of consumers. If the problem cannot be solved by the market itself, the government will need to act as a "referee" to maintain the order of market competition in order to ensure the rapid and healthy development of the market economy. The resolution of consumer complaints by administrative agencies is a way of safeguarding market economic competition, and a large amount of practice has proven that this is a very effective way of safeguarding.

(2) From the perspective of social interests: Through consumers' representations to the administrative departments, the administrative departments can use the enforcement power to promptly crack down on those operators who harm consumers and produce counterfeit and shoddy products. . While the administrative departments protect the legitimate rights and interests of consumers, they also improve the work efficiency of administrative agencies. In particular, the industrial and commercial administrative departments bear the important responsibility of supervising and managing commodities in the market circulation field. Doing a good job in consumer complaints will provide good data for the country's economic macro-control and lay a solid foundation for a prosperous market economy. If the legislative model of the "Environmental Protection Law" is followed and the administrative adjudication power is given to the industrial and commercial administrative agencies, the industrial and commercial administrative agencies can better leverage the advantages of its complete system and close ties with consumers and operators, efficiently handle rights disputes, and prevent disputes. Expand and promptly stop operators’ illegal acts that infringe on consumers’ rights and interests.

(3) From the perspective of consumer interests: There are many advantages in resolving disputes between consumers and operators by means of appeals; 1. Compared with settlement by means of appeals, negotiation and mediation, The appeal procedure is more formal and will be more reliable for consumers.

6. Litigation

In my country, consumers can also sue to the People’s Court to resolve disputes. Litigation is the most powerful way to resolve disputes. The court exercises judicial power on behalf of the state and its judgments are mandatory. In addition, the court can enforce effective judgments according to its own powers. Consumer litigation can be divided into three types: civil litigation, administrative litigation, and criminal litigation. Here, we generally talk about civil litigation. Although this approach is very powerful and effective, in practical life due to the following factors, civil litigation should not be the main approach to resolve consumer disputes.

(1) From the perspective of social interests: protecting consumer rights and interests through civil litigation can only be the final way to protect consumers, and should not be the first choice. When consumers seek litigation channels to resolve disputes, they not only have to spend a certain amount of money on their own, but also incur judicial costs from the court. If all consumer disputes are resolved by the judicial organs, the judicial organs will inevitably be overwhelmed, and the public interests of society will also be harmed. Therefore, from the perspective of considering social interests, decentralizing consumer dispute resolution channels will be more conducive to social development and stability.

(2) From the perspective of market economy: Although my country’s market economy system has been somewhat improved, it has not yet fully embarked on the formal track. A large number of unfair competition behaviors that infringe on consumer rights have flooded the market, so The market must be regulated in a highly efficient and effective manner. It is obviously more feasible to achieve this goal through administrative protection than through judicial means.

(3) From the perspective of consumers’ interests: In our country, the general consumers have poor awareness of their rights. When their rights are infringed, they often let it go without resorting to it as a last resort, and are unwilling to go to court to litigate. Moreover, some consumers lack understanding of the law, and most of the operators they deal with are large companies with strong financial resources. They lack confidence in whether they can win the lawsuit, and are afraid that after filing a lawsuit, not only will the damage suffered not be compensated, but it will also cause greater waste of human and financial resources. With the increased publicity of the "Consumer Rights and Interests Protection Law", especially the emergence of the "Wang Hai Anti-Counterfeiting" phenomenon, consumers' legal awareness of safeguarding their own legitimate interests has been cultivated. According to my country's current legal provisions, all consumer expenses in litigation must be borne by the complainant. However, since consumers’ benefits are limited, even if they win the lawsuit, according to Article 49 of the Consumer Rights Protection Law, they can receive up to double the amount of compensation. For those small-amount consumer disputes, if consumers want to litigate to protect their legitimate rights and interests, it will obviously outweigh the losses. Obviously, the high cost of litigation has become a stumbling block for consumers to choose civil litigation to protect their legitimate rights and interests.

As the country continues to improve the field of consumer rights protection, especially the "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation" (Fa Shi [2001] No. 33), "On the Trial of Commercial Housing Sales Contracts" The promulgation of some regulations such as the Interpretation of Several Issues Applicable to Laws in Dispute Cases (Fa Interpretation [2003] No. 7) has given consumers a clearer legal basis in the field of civil litigation. Although there are provisions for simplified procedures in my country's current civil procedure law, it is still cumbersome for consumer rights disputes where the subject of dispute is small and there are relatively many cases. Consumers often cannot bear the burden of time-consuming and laborious litigation. Therefore, in terms of the protection of consumer rights and interests in procedural law, our country should follow the example of foreign countries in setting up small claims procedures to specifically accept and resolve dispute cases where consumers have suffered damage due to defective products and the amount in dispute is relatively small.

7. Conclusion

Through our comparison and analysis of five ways to protect consumer rights. The author believes that in reality, when resolving consumer disputes, Chinese consumers can choose corresponding solutions based on different subjects and different situations. The establishment of a legal system for the protection of consumer rights and interests should focus on administrative protection, supplemented by mediation and arbitration, and with civil litigation as the final channel. At the same time, we will strengthen the standardization and improvement of administrative laws and regulations that protect consumer rights and interests, and strengthen administrative law enforcement to improve its legal level.

It is urgent to formulate a consumer assistance system. After the consumer assistance system is implemented, the administrative agency that protects consumer rights and interests can sue the people's court to demand that the offenders be held civilly liable and compensate the victims for their losses. In addition, social media and consumer movements can also be used to widely publicize consumers' awareness of rights protection, and form a good social atmosphere of "honesty and anti-fraud" to resist counterfeit and shoddy goods and self-protect legitimate rights and interests. Through public opinion, counterfeit and shoddy goods will be eliminated from the stage of history. As my country's legalization process advances, the market economy gradually improves, and consumers' awareness of rights protection continues to increase. The ways to safeguard consumer rights and interests will be more complete and efficient.