Lecture 1: The Consumer’s Secret Weapon

In our daily lives, we are all consumers. When our rights are infringed upon, how should we safeguard our legitimate interests?

The Fundamental Drivers Behind the Emergence of Consumer Law

Case Study:

A shopping mall advertised a "clearance sale," claiming a suit originally priced at ?6,999 was now ?699. Xiao Li immediately purchased one. However, at another mall, he saw the exact same brand and quality suit for only ?399. Feeling deceived, Xiao Li filed a complaint against the mall, arguing it had violated consumer rights.

Consumer Issues

□ What are consumer issues?

* Broadly: Consumer issues refer to various social problems arising in consumption life once the social economy reaches a certain level of development.

* Narrowly: Consumer issues refer to situations where consumers' legitimate rights and interests are infringed upon by business operators during the purchase or use of consumer goods or the acceptance of consumer services.

Background to the Emergence of Consumer Issues

1. Consumer issues are an inevitable product of society reaching a specific historical stage, closely linked to the development of a commodity economy. The Second Social Division of Labor gradually clarified the distinction between consumers and non-consumers, marking the inception of consumer issues.

2. The proliferation of consumer issues occurred after the Third Social Division of Labor. The rise of the merchant class gradually established producers, operators, and consumers as market entities with independent economic interests. Under market economy conditions, conflicts between consumers and operators became frequent and widespread. In transactions with producers and operators, consumers—as dispersed and isolated individuals—often occupy a weaker position. Their personal safety and property are vulnerable to infringement. Consumer issues evolved from sporadic, isolated incidents into a widespread social problem affecting the majority of consumers.

3. Entering modern society, the disadvantaged position of consumers has further deteriorated, exacerbating consumer issues.

* Modern lifestyles have made human survival increasingly dependent on commodities.

* The gap in transaction power between operators and consumers has grown increasingly disparate.

* Advancements in science and technology for modern goods and services have increased the difficulty of consumer judgment.

* The expansion of market scope and multi-tiered production-distribution chains have made consumer redress more difficult.

The Consumer Movement

The emergence and escalation of consumer issues necessitated special legal protection for consumer rights and interests. Concurrently, vigorous consumer movements worldwide spurred the legislative process for consumer protection. The consumer movement is an organized social campaign fighting for consumers' due rights and shielding them from unfair treatment imposed by operators.

Stages of the Consumer Movement

* Awakening Stage: Late 19th to early 20th century, as developed capitalist nations transitioned toward monopoly and socialization.

* Achievement Stage: After the 1960s, the movement entered its "Achievement Stage." Its scope expanded significantly, and the ranks of those participating in rights defense swelled rapidly.

* Internationalization Trend: From the 1970s to 1980s, the consumer movement trended toward internationalization. March 15th is now recognized globally as "World Consumer Rights Day."

Consumer Movement: Awakening Stage

Late 19th to early 20th century, as developed capitalist nations transitioned toward monopoly and socialization.

* United States: In 1891, the New York Consumer Association was founded—the world's first consumer organization aimed at protecting consumer interests.

* Japan: The Morinaga Milk arsenic poisoning incident.

Consumer Movement: Achievement Stage

After the 1960s, the movement entered its "Achievement Stage." Its scope expanded significantly, and the ranks of those participating in rights defense swelled rapidly. (Taking Japan as an example)

* Japan:

* 1960: "Fake Beef Canned Food" incident.

* May 1962: Act Against Unjustifiable Premiums and Misleading Representations.

* May 1968: Japan enacted its first Basic Consumer Protection Law.

Consumer Movement: Internationalization Trend

From the 1970s to 1980s, the consumer movement trended toward internationalization.

Origins of World Consumer Rights Day (March 15th):

* March 15, 1962: U.S. President Kennedy presented the "Consumer Bill of Rights" to Congress.

* 1983: The International Organization of Consumers Unions (IOCU) designated March 15th as "World Consumer Rights Day."

II. Characteristics and Nature of Consumer Protection Law

1. Consumer Protection Law is the collective term for specialized legal norms designed to protect consumer rights and interests, centering on the con

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