2、品、服务两类消费关系的规定要求 。但对于医疗关系,并不一定要适用《消法》第49条的规定对患者的权益加以保护。【英文摘要】The author makes the analysis on the concept of consumer,he holds that the consumer refers to persons who buy commodities or accept service without th e purpose of making profit.What is oppos
3、ite to the consumer is the manager.A ccording to the author's view,the “consumer”under the consumer protection law is limited in principle to the natural person with the exclusion of the units,which should be regulated by the contract law for their pu
4、rchase of co mmodities and acceptance of service.Through his analysis on the concept of“ living consumption”,the author holds that whether the purchased commodities should belong to the consumer goods should not be served as the standard fo r the judg
5、ment on “living consumption”.At the same time.the judgment on “ living consumption”should not include the consideration of the buyers purpo se or his motive either.On the issue that whether the Consumer Protection La w should be applied to the medical
6、 disputes,the author argues that the jural relation of medical treatment.which complies with the requirements of the t wo consuming relations-commodity and service,should be defined to be the jur al relation of medical service contract.However,the app
7、lication of the Artic le 49 of the Consumer Protection Law will not be definitely the best approac h for protecting the patients interests.【关键词】消费者/消费者权益保护法/生活消费/医疗纠纷/consumer/consumer protection law /living consumption/disputes of medical treatment【正