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从产权的视角看,消费者权益就是消费者因购买产品而获得的占有和使用产品的行为性权利束。虽然正式制度对消费者的权利进行了规定,但是法定权利与实际行使的经济权利并不完全一致。在售后服务活动中,生产商从与消费者商品买卖的隐含合约中获得了售后服务的剩余控制权,并将其外包给了第三方服务商。在售后服务外包方式下,消费者产权遭到分割,消费者无法通过剩余权利的控制来激励厂商实施有利于自身权益的行为。同时,消费者的退出权也受到了种种限制,无法通过自我实施机制维护自身权益。因此,必须重视售后服务外包合约对消费者权益造成的实质性侵害,以切实维护消费者产权。
From the perspective of property rights, consumers’ rights and interests are the behavioral rights bundles that consumers obtain and use to buy products. Although the formal system provides for the rights of consumers, the legal rights are not exactly the same as the economic rights actually exercised. In after-sales service activities, the producer obtains the remaining control of the after-sales service from the implied contract of sale with the consumer and outsources it to a third-party service provider. In the after-sales service outsourcing mode, the property rights of consumers are divided, and the consumers can not motivate the manufacturers to implement the behaviors beneficial to their own rights and interests through the control of the residual rights. At the same time, consumers’ right of withdrawal has also been subject to various restrictions, unable to safeguard their own rights and interests through self-implementation mechanism. Therefore, we must attach importance to the after-sales service outsourcing contracts on consumer rights and interests caused by substantive violations, in order to effectively safeguard the property rights of consumers.