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Consumer First Interest In Consumer Protection

2013/5/23 23:37:00 19

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, which is first reflected in the proposal of the right to go back.

Consumer law amendment (Draft) stipulates that operators sell products by way of Internet, television and telephone. Consumers have the right to return the goods within seven days from the date of receipt of the goods.

many consumers often click on the picture when they click the mouse, rather than the product itself, and consumers can hardly get the right of fair trading.

Liu Junhai said that after signing the contract, the consumer gave him a period of "cooling off" so that he could unilaterally terminate the contract according to his choice without liability for breach of contract. This is the practice of "no return for goods" widely practiced by many market economy countries.

Liu Junhai believes that the system of "right to go back" not only benefits consumers, but also benefits businessmen.

"Bad businesses make false advertisements, hire employees to fudge consumers, not according to their work distribution, and" allocate according to their courage ".

The proposal of "right to go back" can reverse unfair competition phenomenon of bad money drives out good money, and urge businessmen to change their way of operation and marketing, increase their research and development efforts, improve their after-sales service level, and put their strength into the right place.

from this point of view, the application scope of "regret right" can be broader.

Liu Junhai suggested that in addition to online shopping and other off-site shopping methods, there are three other situations that can also be considered to give consumers the right to "go back on their own": "one is huge consumption, for example, the amount of consumption is more than 20 times the local per capita annual income; two is the reality of the existence of the first to pay money after seeing the contract or first paying the contract after buying and selling behavior; three is door-to-door promotion."

in addition to the system of "right to go back", the "inversion of burden of proof" also reflects the principle of moderately inclined to consumers.

In civil proceedings, generally speaking, "who advocates and who gives evidence", but the consumer law amendment (Draft) stipulates that consumers will buy disputes such as durable goods or decoration and other services such as automobiles. Disputes will arise within 6 months after consumers complain.

Liu Junhai said that because of the asymmetry of information, it is often very difficult for consumers to prove their rights when they defend their rights.

If you can't prove the quality of the goods or services you provide, you will be punished. "

He also suggested that the burden of proof should be extended to all goods and services, and the 6 month period should be extended to reduce the burden of consumers' burden of proof.

consumer organizations need to charge in front of .

- pay more attention to public remedy, .

the consumer law amendment (Draft) also proposes for the first time that the consumer association can bring a lawsuit to the people's Court on behalf of the consumers on the behavior of infringing upon the legitimate rights and interests of many consumers.

"like a song, Chinese consumers always" carry all the difficulties themselves ", but they are more and more unable to afford to buy anything. They want to carry a check machine, a fair scale, and an encyclopedia to see if they are genuine goods.

Liu Junhai said that from the perspective of maneuverability and litigation, it is necessary to propose "public interest litigation".

One of the ideas of this amendment is self reliant relief and public relief, paying more attention to public relief.

> rivers and mountains also believe that the introduction of "public interest litigation" is one of the major highlights of the amendment. He gave an example to reporters. "A brewery in some place, brewed beer with mouldy rice, should be exposed to it. The governor and mayor are also worried about the factory director, worried that the loss of the local economy will be caused once exposure.

Under such circumstances, ordinary consumers are unable to give evidence.

This requires the consumer organizations to stand up. "

The Consumer Association stipulated in amendment bill (Draft) which can substitute for consumers to sue is limited to provinces, autonomous regions and municipalities directly under the central government.

Rivers and mountains suggest that because many commodities are sold in a city or a region, the relevant litigation powers can be delegated, for example, first to the prefecture level cities.

"P", "in the case of large-scale infringement, consumer organizations come forward to reduce the cost of consumer rights, and expand the benefits of rights.

In the future, consumers may only have to submit their identity cards, bank cards, and the basic facts of the infringement to the corresponding consumer organizations, so that they can enjoy the success of the revolution at home. "

Liu Junhai said that through the elimination of amendments, we should achieve the "double rise and double down" effect, that is, "greatly enhance the business's cost of dishonesty, greatly reduce the loss of its credibility, return the loss of credit to zero or even become a negative number; at the same time, substantially increase the consumer rights protection benefits and reduce the cost of safeguarding rights."

"know how to buy fake" is not Diao Min .

should build a consumer friendly government .

There is a breakthrough point in the consumer law promulgated by P in 1993, that is, the forty-ninth provision states that "if an operator provides goods or services fraudulent, he shall increase the compensation for his losses in accordance with the requirements of consumers, and increase the amount of compensation for double the cost of goods purchased by consumers or the cost of receiving services."

This provision played an important role in the struggle against counterfeit and inferior commodities.

rivers and mountains are the proponents of this clause.

In his view, it is a great progress to stipulate double compensation, but it can not be applied to all situations once, but it can be replenish and improve.

However, during the revision, no progress has been made in the improvement of this clause.

"this amendment will be doubled to" two times ", and the result is the same.

"Double" is a double compensation. It is a false one loss of two, two times a false one two, such a modification is unnecessary, instead, it is misunderstood as a false claim of three.

In addition to the "China Economic Weekly", he added that the minimum amount of compensation added to the draft amendment is 500 yuan.

For example, to go to the vegetable market to buy vegetables, according to folk customs, a loss of ten, less one or two to fill a catty.

If you lose one or two yuan for 500 yuan, how can it work? When making laws is not rigorous, there may be some side effects. "

the proposal for "punitive damages" should be implemented according to the principle of statutory compensation.

When p was drafted in 1992, I wrote the idea of "punitive damages for missing one compensation ten".

Later, the State Administration for Industry and Commerce issued three kinds of compensation standards for the elimination of the law, including 50%, five times.

Unfortunately, because of this inconsistency, the draft law passed by the State Council deleted this part. "

He recalled.

in addition, the principle of "punitive damages" of "false one compensate two" has not been well implemented in practice.

"It stems from the strength of the counterfeiters and the sellers, and the differences between people.

Consumers bought a box of fake Moutai (600519, stock bar), a magistrate sentenced to return, do not let double pay, the reason is to buy more, not consumers, not applicable to elimination.

He said, "is it a consumer who knows whether to buy fake or not? From 1992 to the present, this issue is still debated.

If this problem is solved, there will be no hiding place for fake goods.

The trade and Industry Bureau and the judicial department are regular forces, and consumers are guerrillas, and the two are combined to fight a people's war.

"encourage rights protection, know that buying fake is not a Diao, but a smart consumer."

Liu Junhai said that the current law enforcement system for consumer rights protection needs further reform and innovation.

He suggested that the Consumer Protection Committee of the State Council be set up to take charge of cross departmental and cross regional consumer protection work, eliminate vacuum zones, achieve information sharing and enhance joint supervision.

"to stimulate domestic demand, we must build a consumer friendly society. First of all, we must pform government functions and build a friendly consumer government."

Liu Junhai said.

the new bright spot of the amendment (Draft):

no spam messages, junk mail are allowed.

consumers have the right to protect personal information such as name right, portrait right, privacy right when purchasing, using commodities and accepting services.

The operator shall not send commercial electronic information to the operator without the consent or request of the consumer or the consumer expressly refusing.

false advertising is harmful to people, advertising companies and media should also be responsible for .

advertising operators and publishers design, manufacture, release food and drugs, and other false advertisements which are related to consumers' health products or services, causing consumers' damage. Advertising operators and publishers are jointly and severally liable to the operators who provide the goods or services.

online shopping, "running a monk, not running the temple"

Consumers can offer compensation to online trading platform providers when sellers and service providers on the Internet trading platform no longer use the platform.

product has a problem, recall must be recalled .

operators find that the goods or services provided by them are defective and may cause harm to personal and property safety. They should report and inform consumers immediately to the relevant administrative departments, and take timely measures to eliminate such dangers as stop production, stop sales, warn and recall.

In the case of recall measures, the operator shall bear the necessary expenses of consumers for the recall of goods.