摘要
理论界和实务界在商品房等耐用品欺诈能否适用双倍赔偿问题上都存有分歧,分歧的根源在于对消费者权利属性的体认和把握。消费者权利具有两重性:一是民法权利,消费者有权维护自己作为消费者个体的私权益;二是经济法权利,消费者也有权作为消费者群体的代表,维护消费者的公权益。认识消费者权利的两重性,有利于我们进一步理解、完善和更好地执行《消费者权益保护法》,全面保障消费者权益。
There are some different opinions about the issue whether the fraud on commodity house and other durables available for double compensation in theory and in practice. The differences are rooted in the recognition and the grasp of consumers' rights .We think consumers' rights have dual nature. On one hand, consumers' rights are civil rights. As individual the consumers is entitled to safeguard his own private rights and interests. On the other hand, consumers' rights are rights of economic law. As the representative of the consumer community, the consumer is entitled to safeguard the public rights and interests of the consumers. Cognizing dual nature of consumers' rights will do good for us to further understand and perfect Rights and Interests of Consumers Law, to enforce Rights and Interest of Consumers Law better, to guarantee rights and interests of consumers comprehensively.
出处
《湘潭大学社会科学学报》
2003年第6期84-86,共3页
Social Science Journal of Xiangtan University
