How Does "Genuine Proof" Become A Secret?

Even if it is difficult to exclude consumers from sending checks, when consumers question, as an electricity supplier, we should first prove this innocence, as long as the electricity supplier can produce relevant certificates to consumers, this problem is very easy to solve.

Ge Youshan, director of consumer Specialized Committee of China Lawyers Association and lawyer of Bank of China law firm, told reporters that the new consumer law eighth stipulates that consumers have the right to know their purchase or use of goods or to accept the real situation of services. A consumer shall have the right to require relevant information of a business operator providing commodities on price, place of origin, producer, usage, functions, specifications, grade, main ingredients, date of production, date of expiry, certificate of inspection, operation manual and after-sale service, or of contents, specifications and fees of services in respect of commodities or services as t.

"The right to know is a basic right enjoyed by consumers, and vip.com's argument is unreasonable." Lawyer Zhu Chuanlu, partner of Beijing strategy law firm, told reporters, "vip.com proves that it is a duty to perform the certified products. The certified products prove that the products purchased by consumers should have quality certificates, not the so-called commercial secrets. Vip.com can not refuse to produce certified products as an excuse."

Ma Hongmin, a lawyer specializing in e-commerce, also pointed out that according to the relevant provisions of the new consumer law and the State Administration for Industry and Commerce on the proposal to improve the first payment and compensation system of consumer links and effectively protect the legitimate rights and interests of consumers, vip.com also has the obligation to prove that the commodities sold are genuine.

Zhu Chuanlu further said that businesses and consumers entered into a contract for sale and purchase, and merchants had the responsibility to guarantee the quality defects of the goods sold. Once the quality of commodities is found, the burden of proof should be the business rather than the consumers. Vip.com has the obligation to prove that the goods sold by oneself are genuine. A businessman's pretext of exposing commercial secrets does not provide proof of authenticity, which is a breach of warranty liability for quality defects.

"If you worry about what is called" Trade secrets Leaks, businesses can actually entrust accreditation bodies with accreditation qualifications to produce an appraisal report to prove the quality of the products. The reports issued by the third party are more objective, and the results are more convincing to consumers. " Zhu Chuanlu told reporters.

Ma Hongmin also pointed out that vip.com can also be associated with Consumer After setting up a confidentiality agreement, we will produce proof to the consumers.

Deputy director, policy and Law Committee of China Electronic Commerce Association Xiang Hai Long It is pointed out that consumers have doubts about the quality of products sold by the only product club. If there is evidence that it is not authentic, they can complain to the commercial and quality supervision department at the place where the seller is located, and request the executive authorities to perform their supervisory functions according to law.

"Or through the consumer association where the consumer or seller is located, they request the Consumers Association to perform their functions according to law, and assist consumers to entrust the institutions with the qualification to appraise the quality of the products." Further explained to Hailong.

In addition, Hailong also indicated that consumers could sue the court for breach of the seller's breach of contract and their own rights and interests, and could also issue an appraisal opinion by the professional accreditation body through the way of applying for the entrusted identification to the court.

According to Xiang Hailong, when the consumer complains to the administrative organ or the consumer association according to law, or after bringing a lawsuit to the people's court, vip.com acts as the defendant to bear the burden of proof in accordance with the law, so as to prove that the products sold by him do not have any quality problems. In view of the fact that vip.com refuses to provide relevant certificates on the grounds of business secrets, this defense reason can not be established in administrative law enforcement and judicial proceedings.