消费者为生活需要而购买、使用商品或接受服务时人身财产受到侵害,基于其与经营者订立的消费者合同,消费者选择合同之诉来维权,应当优先适用《消费者权益保护法》,因为《消费者权益保护法》具有合同法性质,从法理上讲新法优于旧法,特别法优于部门法。 Consumers need to buy for life, the use of goods or services received personal and property infringement, based on its consumer contracts with operators, consumer choice contract to defend the rights should be given priority to the “Consumer Protection Law” Because “Consumer Protection Law” has the nature of contract law, from the legal point of view, the new law is superior to the old law, special law is better than the department law.