What Is The Implementation Of "Double Eleven" In The Near Future "7 Days Without Reason To Return"?
Yesterday, the report of the NPC Standing Committee law enforcement inspection group on the implementation of the consumer protection law was submitted to the Standing Committee of the National People's Congress for deliberation.
The newly revised consumer protection law has been implemented for more than a year since last March 15th. The newly added "7 days no reason to return" and "consumer public interest litigation" have attracted much attention, but they still face difficulties in landing.
Liu Junhai, vice president of China Consumer Association, said that the current consumer protection law is "difficult to land" and "stumbling block" is not only in the legal level, corporate integrity and administrative management, and so on.
Some localities and departments even think that regulating the market will affect the economic development. In fact, only by obeying the law and conscientiously executing the law can the market develop healthily.
"I bought an electronic product online.
The webpage says "support for 7 days without reason to return goods", but it also has a post sale replacement and maintenance tips. It requires that the plastic foam in product packaging can not be damaged and the plastic film can not be lost.
Huang, a resident of Guangzhou, said, "the reason for the business is that" no reason to replace the product must not affect the two sale ", but this is equivalent to the requirement of no reason to return.
The report of the law enforcement inspection group of the Standing Committee of the National People's Congress pointed out: "from the inspection situation, disputes arising from no reason to return goods have risen in many places.
consumers'complaints
The first. "
The report shows that disputes are mainly concentrated in two aspects: first, the scope of returns.
There are different understandings between the operators and consumers about the unreasonable application of goods to return, resulting in disputes.
The two is the explanation of the integrity of the goods.
Some businesses require not only the goods themselves to be intact, but also the packaging of goods must be complete, and even require the goods to be unsealed and tried.
There are also some businesses who deliberately refuse to return goods, discount or gift goods, and so on.
Reporter survey found that many businesses set up their own "do not apply for 7 days no reason to return goods range", others are "specific categories of goods returned after inclusion"
Hidden danger
"And" can not exclude consumers from false returns for real "and other reasons, refused to implement 7 days no reason to return.
In Taobao, "default does not support 7 days no reason to return" goods, including custom-made customized products, fresh and perishable goods, service nature goods, personal idle products and so on six categories.
In addition, nine categories of goods such as personal clothing, valuable jewelry, furniture and household appliances are classified as "default support for 7 days without reason to return products. Sellers can choose 7 days without reason to return products according to the nature of commodities".
"These businesses have custom added conditions, so that" 7 days no reason to return, "the implementation of fatigue.
Zong Shouyun, an associate researcher of Jilin Consumer Association, said, "the purpose of the legal provisions is good, but in reality, businesses have many reasons not to enforce them.
Therefore, it is also necessary for all localities and industries to work out relevant rules to make the law practical and easy to use.
New consumer protection law
The content of "landing difficult" is more than the above.
The report of the law enforcement inspection group of the Standing Committee of the National People's Congress (NPC) also mentioned that the system of durable goods and decoration services stipulated by law is defective, and the system of the burden of proof by the operators is not effective.
The scope of burden of proof is narrow and the burden of proof is short. Many operators produce proof reports or give evidence by enterprise standards after their own after-sales service departments. They lack credibility.
In addition, although the punitive damages system is prescribed by law, it is rather difficult to apply punitive damages for various reasons in practice.
The report recommends that the State Council introduce the implementation regulations of the consumer protection law before the end of 2016, and refine and supplement the important systems such as long distance shopping, no reason to return goods, and the burden of proof by operators, so as to make them more operable.
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