2、 。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 opposite to the consumer is the mana
3、ger.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 purchase of co mmodities and acceptance of servic
4、e.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 judgment on “living consumption”.At the same time.the judgment on “
5、 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 disputes,the author argues that the jural.. relation of medical treatment.whic
6、h 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 application of the Artic le 49 of the Consumer Protection Law will not be definitely the best ap
7、proac 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【正文】 法律以一定的社会关系为其调整对象,同时,不同的法律所调整的社会关系的性质和 范围是各不相同的。《中华人民共和国消费者权益保护法》(以下简称《消法》)第2条 规定:“消费者为生活消费需要购买、使用商品或者接受