The Consciousness Of Safeguarding Rights Has Been Strengthened And Evidence Consciousness Has To Be Strengthened.

The annual "3. 15" has arrived. Unconsciously, the newly revised law on the protection of consumers' rights and interests has been promulgated for two years.

The new consumer protection law has increased the protection of consumers' rights and interests. No matter online shopping, safeguarding rights and giving evidence, or exaggerating publicity and information protection, they have made more explicit provisions.

Yesterday, the Municipal Intermediate People's court informed the court about the trial of consumer rights protection cases in the city since the implementation of the new consumer protection law, and published a typical case.

In addition, the municipal market supervision and management department also announced a typical case of violating the new consumer protection law.

Type: false propaganda

Case 1 claims that "holding a patent" has expired for a long time.

In March 2015, Mr. Kang ordered a man's lace up in a shop.

5 pairs, the total price is 31000 yuan.

After receiving the goods, Mr. Kang was not satisfied, and asked for a refund.

Mr. Kang sued that the shop's false propaganda had violated his right to know and constituted fraud. He should "return a compensation three".

The court found that when the shop publicized the leather shoes, it adopted the only professional in China.

"Global sales of 10 pairs of double shoes, 5 double source from a certain" description.

Online stores also claim to be "

Inventor patent holder ".

The actual situation is that the patent claimed by the shop does not indicate the patent number and the type of patent, and has expired.

The court concluded that the online store was a false propaganda, violating the consumer's right to know and misleading Mr. Kang to make a wrong decision, which constituted a fraud and sentenced the defendant to "lose one compensation three".

The online shop refused to accept an appeal, and the mediation agreement was reached through the mediation of the court of second instance. The online shop accepted Mr. Kang's return and returned the loan and paid the compensation equal to the amount of the loan.

Case 2 claims that "fabric will breathe".

Mr. Zhang bought a man's T-shirt on a website. The businessman advertised on the website that the T-shirt used is "breathing fabric" and how the quality is guaranteed.

After receiving the goods, Mr. Zhang found that the execution standards specified in the tag of the clothes had expired, and the washing signs did not conform to the washing signs in the clothes.

Mr. Zhang thought he had been cheated.

Lujiang market supervision and management staff involved in the investigation, through mediation, businesses recognize mistakes, the two sides negotiate, businessmen compensate Mr. Zhang 400 yuan.

Legal basis

According to the provisions of the advertising law, advertisements should not contain false contents, nor should they deceive or mislead consumers.

The use of data, statistics, findings, abstracts and quotations should not be used in the national, the most advanced and the best. It should be true, accurate and indicate the source. If the advertisement involves patent product or patent method, the patent number and the type of patent should be marked.

The twentieth provision of the new consumer protection law stipulates that the information provided by the operator to the quality, performance, use and expiration date of the goods or services shall be truthful and comprehensive, and no false or misleading publicity shall be made.

The fifty-fifth stipulates that the operators who provide fraudulent activities with goods or services shall increase the compensation for their losses according to the requirements of the consumers, and the amount of the increased amount is 3 times the cost of the consumer's purchase of goods or the cost of receiving the service.

[related data]

Online shopping disputes surge

Last year accounted for nearly half of the total.

Since the implementation of the new consumer protection law, from January 2014 to December 2015, the court accepted a large number of civil disputes involving various types of consumer rights protection.

Among them, property damage compensation, product liability, online shopping contract, travel service contract, breach of obligations of security obligations and other disputes 452 pieces; large consumer disputes, mainly commercial housing sales disputes also showed a substantial increase in the phenomenon, two years, commercial housing sales disputes with the first instance 2517 cases.

As more and more people join the army of online shopping, the number of online shopping disputes has surged. As one of the cities with the largest number of websites in the country, the court in Xiamen from 2013 to 2013 received 3 disputes on online shopping, but in 2015 alone, the number of cases of online shopping disputes reached 133, accounting for nearly half of the total number of consumer infringement disputes (278 pieces) in 2015.

[judge reminded]

Awareness of rights protection has been enhanced.

We must strengthen the sense of evidence.

According to the trial situation in recent years, Liu Youguo, President of the Municipal Intermediate People's court, reminded that although the consciousness of consumer rights protection has been enhanced, the sense of evidence must be further strengthened.

When consumers encounter disputes, they often have only payment receipts. There is insufficient evidence to prove the causes of the dispute and the process of the damage, which leads to the fact that the case has spent a lot of resources on the basis of investigation, and also weakened the plaintiff's litigation interests.

Therefore, once consumers are in dispute, they should report to the police as soon as possible, so as to prevent the loss of evidence in the process of consultation with the operators, and at the same time, they can also use the recording and video recording functions of mobile phones to set the evidence.