Interpretation Of The Four Bright Spots Of The New Elimination Law, Which Will Be Implemented In March 15Th

< p > < strong > highlight 1: consumers enjoy the seven day "regret right" < /strong > /p >

< p > > a href= "http://www.91se91.com/news/index_c.asp" > "elimination" < /a > Add twenty-fifth first and second stipulates: the operator sells products by means of network, television, telephone, mail order, etc., and consumers have the right to return the goods within seven days from the date of receipt of the goods, and there is no need to explain the reasons. Except for the following commodities: (1) the consumer has made the decision; (two) fresh and perishable; (three) the digitalized products such as audio-visual products, computer software and so on, which are downloaded online or sealed by consumers; and (four) the newspapers and periodicals delivered.

Except for the commodities listed in the preceding paragraph, other commodities which are confirmed by the nature of the commodity and are not returned by the consumers when they are purchased, shall not be unreasonable to be returned by reason.

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< p > in recent years, online shopping has been gradually accepted by people and has become one of the most popular ways of trading.

However, according to the data released by the China Consumers' Association, last year, consumers' associations at all levels of the country received 20454 complaints about online shopping, accounting for 52.4% of the sales service complaints. This shows that the "off-site" nature of online shopping can easily lead to information asymmetry between consumers and businesses. Because consumers can not see the real goods, businesses will have the opportunity to conceal the negative information of goods, and consumers will be kept in the dark and lose their knowledge.

The amendment of the "Elimination Act" has fixed the "no reason to replace" within seven days, and has given consumers 7 days' "right to go back". Consumers can unilaterally rescind the contract in the proper period, but consumers need to bear the freight.

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< p > < strong > highlight two: carry out the burden of proof inversion < /strong > < /p >.

< p > > the twenty-third paragraph and third paragraph of "consumer law": the service provided by the operator, such as motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines and other durable commodities or decoration and decoration, etc., where consumers find defects within six months from the date of receiving goods or services, and the operator shall bear the burden of proof for the defects.

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< p > rights protection has always been a "hardest hit" for consumers' rights and interests, and one of the most prominent problems in safeguarding rights is the difficulty of proof.

The rule of proof in China's civil procedure law has always been "who advocates and who gives evidence". If consumers want to prove that a commodity has quality problems or cause losses due to quality problems, it must produce sufficient evidence.

However, because consumers often do not possess professional and technical information related to products, there is great difficulty in giving evidence.

The amendment of the consumer law has shifted the burden of proof to the operator, and the operator has made "self proof innocence", thus relieving the burden of proof.

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< p > < strong > highlight three: Consumer Association can raise public interest litigation < /strong > litigation > /p >

< p > the first paragraph of the thirty-seventh paragraph of "consumer law" stipulates that consumers shall not perform the following public welfare duties: < a href= "http://www.91se91.com/news/index_c.asp > > < < /a > >:

(seven) to support injured consumers in litigation or to initiate proceedings in accordance with this Law in respect of acts that harm the legitimate rights and interests of consumers.

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< p > the image of "to kill a cow" in order to recover a chicken is a metaphor for the problem of safeguarding the rights of consumers.

In the case of consumer disputes, some consumers do not want to protect their rights, but because of the consideration of the cost of safeguarding rights, they have to give up their rights protection.

The revised consumer law has also modified the identity and function of consumer associations.

It clarifies the status of the litigation body of Consumers Association, and the consumer association can raise public interest litigation against unfair consumer unfair events, unfair overlord clauses, false advertisements and false propaganda.

The cost of safeguarding rights has been greatly reduced.

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< p > < strong > highlights four: positioning a href= "http://www.91se91.com/news/index_c.asp" > online shopping < /a > platform responsibility < /strong > /p >

The forty-fourth provision of < p > "consumer law" stipulates that consumers who purchase goods or receive services through online trading platforms and whose legitimate rights and interests are damaged may demand compensation from sellers or service providers.

If the provider of a network paction platform can not provide the real name, address and effective contact mode of the seller or the service provider, the consumer can also claim compensation from the provider of the network paction platform.

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< p > online shopping is different from the ordinary way of shopping. Consumers can not know the qualifications of the business, product quality, reputation and so on. After receiving the damage, it is difficult to get compensation, and the website as a trading platform should strengthen the examination and supervision of the operators.

The revised consumer law has clearly defined the responsibility of the online shopping platform, that is, the online shopping platform can not provide the real name, address and effective contact method of the seller or the service provider, so it needs to bear the liability of compensation.

The risk of online shopping is reduced.

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