Implementation Of "New Elimination Act" In March 15, 2014

With the acceleration of China's economic marketization and internationalization, especially the vigorous development of online shopping, emerging consumer contents, consumption patterns, consumption activities and business models emerge in endlessly. This change in consumption demand and supply, on the one hand, makes the consumption structure towards the high-end and subdivide and upgrade; on the other hand, the problem of commercial integrity has not been significantly improved, and consumer disputes have been rising. At present, the consumer rights protection act, which has been implemented for many years, can no longer fully adapt to the new situation and business environment. It needs to meet the new expectations of hundreds of millions of consumers and law-abiding businesses through amendments.

In October 25, 2013, the Standing Committee of the Chinese people's Congress passed the revised "consumer rights". Protection Law " This is the first revision since the promulgation of the act in 1993. The "new consumer law" will be implemented in March 15, 2014.

Experts interpret that "new consumer law" reflects equality and good treatment of consumers and operators, while protecting the rights and interests of consumers more clearly inclined to the concept of legislation. In view of the new situation and new problems in the consumption field, the "new consumer law" and "keeping pace with the times" have clearly defined the "no reason return system" for online shopping, improved the "three package" regulations, ended the "overlord clause" and increased the punishment for illegal business operations.

According to the statistics of complaints received by the National Consumers Association, in the first half of 2013, the number of media shopping complaints dominated by online shopping was far ahead of service complaints. Because online shopping is lagging behind the rapid growth of sales in management and services, the problem of quality and service commitment of online shopping is not in place. It is not only a frequent scaling problem for consumers, but also a threat to the healthy development of online shopping industry.

The "new consumer law" stipulates that operators sell products in the form of Internet, television, telephone, mail order and so on. Consumers have the right to return the goods within seven days from the date of receipt of the goods, without giving reasons. Earlier, after online shopping, it was found that goods were not right, exaggerated publicity, quality defects and other issues. Consumers were pushed around by relevant parties when safeguarding their rights and could not be solved at last.

Insiders pointed out that only a small number of merchants did "7 days without reason to return" at this stage. Alibaba stakeholders said that at present, Tmall has fully implemented the "7 days no reason to return" provisions, Taobao only part of the business can do it, because in this regard Taobao did not make mandatory requirements for businesses, but encouraged the latter to implement a variety of consumer Quan Yibao barrier measures. But once the "new consumer law" is formally implemented, Taobao will bind businesses to comply with the relevant regulations.

In addition to "7 days without reason to return", "new consumer law" has also increased some of the other requirements of online shopping. For example, it increases the condition that the network trading platform providers assume the responsibility of paying the customers ahead of time. After the payment is made, the advance compenser can recourse compensation to the seller or the service provider again.

For this provision, Taobao, Yi Xun and other electricity providers said that they have already implemented the "advance payment", and their security plan can be querying on the website page. Some experts also say that the clause may have a greater impact on classified websites such as Ganji and 58 cities, because many sellers do not leave any real names in these websites. Although the 58 cities launched the "first payment service" in 2013, they were only open to registered users, but only for some housing sources, performance tickets and pet dogs.

Some legal experts point out that retailers face the consumers directly, so they can not shift their responsibilities to suppliers. In addition, there are judicial precedents in this regard. For example, because the manufacturer of the slimming capsule is a false registered company, and there is a negligence in the purchase of goods, Dangdang has been taken to court by consumers and sentenced to refund 336 yuan of goods and 3360 yuan of compensation. The protection of consumers by "new consumer law" is also reflected in the change of the burden of proof. For example, when the quality problems of durable consumer goods such as household appliances and automobiles occur, the existing "consumer law" stipulates "who advocates who will give evidence", that is, consumers need to produce tangible evidence to prove that the other party is responsible. This may make the cost of safeguarding rights more than the rights protection benefits, and let consumers fall into the dilemma of "recovering a chicken and giving them a cow". Some multinational companies even drilled our country's "consumer protection" level below consumer protection level. There are other double standards in customer service. The "new consumer law" provides consumers with a sharp weapon to solve the "high cost of safeguarding rights". The legal term is "inversion of burden of proof".

For example, for consumers' purchase of durable goods or decoration services such as automobiles, computers, televisions, refrigerators, air conditioners, washing machines, etc., within 6 months, the quality defects are found and the two sides are in dispute. After the consumers claim their rights, they must bear the burden of proof of "self evidence and innocence". That is to say, a businessman must first spend money to make an appraisal, and prove responsibility by the conclusion of the test. It is the responsibility of the merchant to bear the responsibility of the businessman, not the responsibility of the merchant. The third party test can be the responsibility of the businessman to wash away.

In addition, for the so-called "overlord clause" and "new consumer law" provisions, operators shall not make unfair or unreasonable provisions to consumers in the form of articles, notices, statements, shop notices, etc., to exclude or restrict the rights and interests of consumers, reduce or exempt operators from responsibilities, and increase consumer responsibilities.

Some experts believe that in China, Finance In many fields such as telecommunications, real estate (including housing sale and purchase agency), insurance, tourism and so on, businesses often use the standard clause to "harm others and benefit themselves", so that consumers have to voluntarily fall into the trap of consumption. The catering industry also has some provisions that are unfair to consumers and are written in words. For example, there are many standard clauses in the catering industry, such as the opening fee, the room charge, the service charge and the tableware. Beijing industry and Commerce Bureau pointed out that there are 6 kinds of "overlord clauses" in the catering industry of Beijing. In particular, some "overlord clauses" have long been the practice of the whole industry. Consumers often choose no choice but to accept it reluctantly. The "new consumer law" stipulates the format clauses in detail, and is a powerful protection for consumers' rights and interests.

Liu Junhai, a professor at the Law School of Renmin University of China, believes that the "new consumer law" is a fundamental law which is more effective in safeguarding the rights and interests of consumers. It is a General Charter for consumers to rest assured consumption. At the same time, "new consumer law" is also a magic weapon to enhance the core competitiveness of enterprises. It can promote the competition between enterprises to return to the essence of good faith management and rely on product quality.

Industry experts generally believe that over the past 30 years since reform and opening up, Chinese business has made great progress in almost all aspects, but business integrity has slipped. Therefore, we must rebuild the business integrity of enterprises by building a legal business environment, in order to improve consumer expectations and stimulate consumer demand, thereby promoting the sustainable and healthy development of the national economy. The promulgation and implementation of the "new consumer law" can not only play such a role, but also a good way for enterprises. Because only the most demanding consumers will produce the best entrepreneurs and produce the most competitive brands. Increasing the protection of consumers' rights and interests will help domestic enterprises to work hard and become a market entity with core competitiveness and good reputation.

Looking forward to 2014, experts are looking forward to shaping a more standardized "new consumer law". market 。 At the same time, it is suggested that in order to achieve this goal, the relevant departments must do a good job of publicizing the law so that consumers can know the usage of law and make the market participants understand the law and abide by the law. Only in this way can the "sincerity" of businessmen and consumers' "faith" be better integrated.