After the verdict in the case, although the court rejected the plaintiff's other claims Chan, but still in the form of judicial recommendations made to the defense of the judicial system to further improve the service proposal. Its content is: the case in the trial against Xi'an Chan PolyBona Xintiandi shadow, the copyright side, and Huayi Brothers Media Corporation service contract dispute case, we found that ad placement in films screened in violation 'on the strengthening Video Chip advertising management, 'the relevant provisions, in particular arbitrary equipped with a variety of ad placement, resulting in ad placement takes too long, while the placement of the ads are not broadcast on the consumer to make the obligation to fully inform. Based on this, the Court recommends greater emphasis on the following two aspects: First, stop in the movie 'Tangshan Earthquake' before playing implant placement advertising; Second, actively fulfill their obligation to inform advertising before playing inform ways expressly In the movie ticket below, especially screenings of the time, play time and Duration patch, but also can shop notices, websites and consulting phone, etc. to be publicized or express.

After the court verdicts, Ms. Chen received after the verdict said he was satisfied with the verdict, she said: 'Although the court did not fully support all the requests made by me, but still confirmed the defendants liable for breach and tort liability, ordered its return movie ticket costs, requiring the defendant to bear the costs of litigation, which has a similar consumer rights litigation exemplary. 'Chan said:' If the cinema no longer ignore the interests of consumers, litigation will bear the risk of losing. believe the future film screenings square stickers Advertisement, behavior will be more constrained, the Court in that case issued a 'judicial recommendation letter,' further acts done explicitly require placement advertising to make businesses pay more attention to protecting the interests of consumers. '
We can see from the case, as consumers, people's rights awareness in the continuous enhancement, courts and other judicial authorities have the responsibility to protect the interests of consumers to be implemented. Note that, in this case, Ms. Chen is actually a lawyer, as a consumer for their own right have a certain sensitivity, but if that becomes other people, people who do not understand the law, it may also Without this use of legal weapons to protect their rights consciousness. In the current market economic conditions, there is a wide variety of violations, especially in the consumer's right to know and do not care for their own, do not even know it was a kind of interest, thus enhancing the consumer's right to know law Protection, has a very important practical significance.

2.the current status of existing consumers' right infringement  消费者侵权现状

Under the 'Consumer Protection Law' provisions of Article 8: 'Consumers know their purchase and use of goods or services received the right to the truth. Consumers have the right product or service under different circumstances, require operators to provide the price, origin, producer, uses, performance, size, grade, main ingredients, production date, expiration date, certificate of inspection, use instructions, service, or the service content, specifications, costs, etc. the situation. 'but in practice we have seen many forms of infringement cases, summarize it, mainly for the following types:#p#分页标题#e#
1) failed to fully inform the consumer's obligation to make consumers Zhang, on 28 June 2011 at a wedding photo shoot photos, studio staff enthusiastically recommended a 1,888 yuan for the program and visited the studio with its thousands of sets in a variety of wedding dress. Zhang felt very satisfied, then delivery of the deposit and signed the order, and indicate in the order of the studio will provide eight sets of boutique dress. July 2, 2011, Zhang went to the studio with friends accompanied test equipment, the reception of her attendants to inform their wedding last seen in the fact that only a dozen of those are on the order to determine the 'boutique dress series,' while Other sets of wedding dresses are VIP member, if you want to select these dresses, then each user fees to be subject to 100 yuan. At this point, Zhang felt she had taken in, the studio was required to refund the deposit, then rejected; Zhang sued the studio. For this case, the studio did not provide consumers do to complete this obligation, which is made in its business activities noted in 'final interpretation of this event all mall' in a similar situation, it is an objective up A typical case of infringement of consumers' right to know.

Under the 'Consumer Protection Law' provisions of Article 8: 'Consumers know their purchase, use of goods or services received right to the truth.' And in this case, as the defendant in the consumer side of the studio by Zhang photography services, process, deliberately concealed 'boutique dress' and 'VIP members dress' the difference, and service costs, and Zhang to lead consumers to visit the thousands of sets of fact it does not enjoy the service boutique dress, in their knowledge of the induction of Zhang with the signing of orders, the act has violated the 'PRC Consumer Protection Law,' the provisions, especially Zhang violation of the consumer's right to know.

2) providing false information to consumers so-called false information provided to consumers, mainly refers to the false advertising to mislead consumers, convey false information to consumers, which is a violation of consumers' right to know way or means. For such violations, daily life is the most common pharmaceuticals and health care products sales in these areas many products, its features and pricing information for publicity there is some fake ingredients. For example, a shopping mall to handle its inventory Potter, right down jackets and other merchandise for promotional activities, which the advertisements said in a certain period of a day to a year on a certain day of the promotional period, during which the purchase of selected goods buy 100 get 50 enjoy preferential services (of which $ 50 is the gift vouchers). However, the fact is not the case, consumers will receive a voucher to go after a down jacket consumption, accidentally discovered the arcade hall has a notice of the increased use of vouchers two additional conditions, which must buy a particular brand of down jacket may use the vouchers; must purchase merchandise total reached 2,000 yuan, a gift voucher can only be used to offset the 50 yuan, and each item can not be used three vouchers. Under the 'Consumer Protection Law' provides that the mall's behavior is not only a serious violation of the consumer's right to know, but also a violation of its right to choose.#p#分页标题#e#

3) to inform consumers of incomplete information, according to surveys, commodity information is currently not fully inform a lot of dealers preferred against consumers' right means and methods, especially in real commodity trading process, dealers often vigorously publicized through its sale of goods, the advantages of the services provided, but they sell the product and its inherent disadvantages and various security risks Yizibuti; Even if there is a consumer inquiry to this product's defects their answer is often vague, deliberately looking the other by the head divert the topic. This behavior often give consumers a very large economic losses, and even security risks. The most common is the practice of sale of real estate, auto sales and a variety of pharmaceutical sales. For example, Mr. Wang was in a car sales company recently purchased a new car, a great chance, Mr. Wang to the maintenance of their car only to find the car he bought turned out to be accident occurred, and there are traces of repairs car. Mr. Yu Shiwang very angrily to consumer fraud grounds, the car sales company to court, I hope the 'PRC Fee Protection Law,' the provisions of Article 49, asking them to double compensation, eventually identified on the basis of the truth, the court supported the lawsuit Mr. Wang's request for compensation. These cases, it was a very typical incompletely informed violations, violation of the consumer's right to know; automobile sales company selling car in the process, but informed Mr. Wang car's performance and advantages, but did not inform their car has been repaired to the fact that, so there is no obligation to inform in its obligations, violation of right to information belonging to inform insufficiency behavior.

3.To strengthen consumers' right to legal protection strategy  加强消费者保护的策略

Based on the above analysis, I believe that only the 'PRC Consumer Protection Law' is not enough, because only it is difficult to really implement this law, to know a real implementation of the significance of the legal system is much larger than its present value. Based on this, but also to develop a series of legal systems to be used in conjunction.

1) to increase consumer protection efforts in recent years, although the Chinese government and relevant departments have stepped up efforts to protect the interests of consumers, has developed a 'Product Quality Law' and 'Anti-Unfair Competition Law', but practical point of view a bit inadequate. Based on this, it should further intensify efforts to protect the interests of consumers, increasing legitimate rights and interests of consumers against legal liability, and from the law for civil regime in favor of consumers, such as no-fault liability regime and the burden of proof system. Now, many companies rely on their market dominance is always violated consumers' abusing its absolute advantage in the consumer price request unreasonable, or even the existence of forced trading unfair trading phenomenon. The reason is mainly because of the current economic nature of the majority of our business has undergone a transformation is no longer serving the public, but to reap high profits. In such a society under realistic conditions, rely on traditional moral restraint has been difficult to really solve this problem aggrieved consumer's right to know, we must increase efforts to protect the interests of consumers, particularly in the formulation and implementation of laws and regulations to work hard .#p#分页标题#e#

2) to establish and improve consumer protection organizations or institutions for now, the world basically have consumer protection agencies, the United States and Japan and other developed countries, and even set up a special variety of the consumer protection association, implementation is also very good. Hand, the domestic situation, although there are consumer protection agency, but they are organized by government agencies, and also more regulated by the relevant government departments, in fact, does not have a dedicated commitment on behalf of government agencies to protect the interests of consumers. Under such conditions, the government departments will practice problems occurring buck each other, and ultimately no one department or agency responsible for violation of such rights and interests of consumers' right to not be true to stop, we can only let the matter rest .

3) to strengthen supervision, to further protect the interests of consumers in order to protect the interests of consumers, to give full play to the supervisory role of the relevant media, through radio, television and online media and other media, regular or irregular sampling of product quality and exposure, give dealers a relatively strong public deterrent. You can also implement reporting prize system, that mobilize consumers, to actively participate in market surveillance activities in the past, for the discovery of violations in a timely manner should be exposed, through strong public opinion, once the goods to natural selection survival of the fittest baptism. For the purposes of the relevant government departments should continue to strengthen the management of the business license sellers, especially related to people's lives and property safety of the goods or services, but also to stringent checks.

4. Conclusion 结论

All in all, the right to know the subject of equality between non-embodied a special civil legal relations, and its emphasis on the legal relationship in a weak position to give protection to consumers, but also embodies the essence of freedom and equality in the pursuit of the contemporary spirit of the law should therefore be given high priority.

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