关键词: 范式转换, 弱者保护, 生活消费, 服务合同

Abstract: There are abstract transaction paradigm, specific transaction paradigm, consumer behavior paradigm, service contract paradigm and so on in consumer rights protection. In the abstract transaction paradigm, consumers are one of the subjects that need to be considered based on balanced transaction relationship. Their protection is not independent. Objectively, the institutional concern is to protect equal trading opportunities. Specific transaction paradigm is represented by German legislation, which establishes the weak position of consumers in all directions by comparing with the business or professional behavior of operators. The purpose of protection of rights and interests is to achieve specific transaction fairness. Consumer behavior paradigm defines the concept of consumer by living consumption. Consumer behavior is an integral part of the qualifications of natural people′s civil subject. It has legal value beyond commercial behavior and provides a private law interpretation for the protection of consumers′ rights and interests. The service contract paradigm is based on the characteristics of the times of life consumption in the service industry-dominated industrial structure, realizes the return of consumer concept to the civil subject system of the Civil Code, and promotes the modern remodeling of the ethics of business operators′ behavior.

Key words: paradigm shift, protection of the weak, living consumption, service contract