"National Consumer Protection Report On Industrial And Commercial Systems 2015" Heavy Attack

In March 15th, SAIC held a press conference in Beijing to issue the report on the protection of consumers' rights and interests in the industrial and commercial system in 2015.

Yu Fachang, spokesman of the press and director of the general office, informed the relevant situation. Yang Hongcan, the director of the Consumer Protection Bureau, answered questions from reporters.

Many media such as CCTV, economic daily and Ta Kung Pao attended the press conference.

The following is the specific issue:

Friends of the press,

Good morning, everyone!

Today is the international consumer rights day of 3. 15. The State Administration for Industry and Commerce held a news conference here. The main content is to announce the 2015 report on the protection of consumers' rights and interests in the national industrial and commercial system.

We all know that protecting the legitimate rights and interests of consumers is an important manifestation of a country's economic and social civilization, and an important symbol of the mature and mature market economy.

As the market supervision and administrative law enforcement department, the business sector is an important duty of consumer rights protection. It is the main law enforcement department of the consumer protection law.

In recent years, the national industrial and commercial regulatory authorities have conscientiously implemented the decision making arrangements of the Party Central Committee and the State Council, pushed forward the reform of the commercial system in the light of the decision making of "steady growth, promoting reform, adjusting the structure, benefiting people's livelihood and preventing risks", earnestly strengthening post event supervision, and constantly strengthening consumer rights protection, striving to create a relaxed and equal access environment, a fair competition market environment and a safe and secure consumption environment, which has played a positive role in promoting the sustained and healthy development of the economy and society.

In 2015, the industrial and commercial supervision departments at all levels took the consumer rights protection as an important mission, upholding the supremacy of consumers, administration according to law, reform and innovation, service development and social co governance. In order to implement the new "consumer law" as the key point, fulfill their duties according to law, innovate and actively implement policies and measures to protect the rights and interests of consumers, new achievements have been made in various fields.

In order to systematically summarize the work measures of the national industrial and commercial regulatory authorities in protecting the legitimate rights and interests of consumers, we report more comprehensively to the society about the work of protecting consumers' legitimate rights and interests, and are more pparent and pparent in the supervision of all sectors of society. SAIC issued the first national consumer protection report on industrial and commercial systems in 2015 on 3 / 15 international consumer rights day.

The report is divided into six parts, namely, strengthening the construction of the rule of law, strengthening supervision and law enforcement, strengthening the construction of the 12315 system, carrying out publicity and education guidance, strengthening international exchanges and cooperation, and playing the role of the association.

The main contents are as follows:

First, strengthen the rule of law and strive to improve the law enforcement environment of consumer rights protection.

(1) strengthening legislation.

In 2015, the State Administration for Industry and commerce, in combination with the law enforcement practice of industry and Commerce and market supervision, announced the implementation of the punishment measures for infringement of consumers' rights and interests. In view of promoting the co governance of consumer rights protection society, the SAIC issued opinions on improving the consumer's first business and compensation first payment system to effectively protect consumers' legitimate rights and interests.

Three provinces (cities) of Shanghai, Gansu and Jiangxi have revised local regulations on consumer rights and interests according to the "consumer law".

On the construction of commodity quality supervision rules and regulations in the circulation sector, the SAIC has formulated the "guiding opinions on strengthening the risk warning of commodity quality and safety in the circulation sector" issued by the SAIC.

After the revision of the new advertising law, the SAIC actively promotes the revision of the relevant rules and regulations, and revisions and promulgates the regulations on the promulgate of real estate advertisements.

We will actively promote the revision of the Interim Measures for the promotion and management of public service advertisements, Interim Measures for the supervision and administration of Internet advertising, and the code of conduct for mass media advertising.

In addition, the SAIC also announced the implementation of the regulations on the prohibition of abuse of intellectual property exclusion and restriction of competition, Interim Provisions on the management of centralized promotion of network goods and services, and Interim Regulations on the management of lists of serious illegal and dishonest enterprises, and so on, strengthening the protection of consumers' legitimate rights and interests from many aspects, such as anti-monopoly law enforcement, network paction supervision, and strengthening supervision afterwards.

(two) take part in the law enforcement inspection of consumer law.

At the early stage of law enforcement inspection, the SAIC and the China Consumer Association participated in the report of the NPC Standing Committee and the Sichuan and Shanghai research associations.

In 2015 6-8, the law enforcement inspection team of the NPC Standing Committee went to Tianjin, Shanghai, Zhejiang, Fujian, Jiangxi, Yunnan and Hainan to carry out the implementation of "consumer law" in seven provinces and municipalities.

The SAIC attaches great importance to Ma Zhengqi, Liu Junchen, He Xin, Fu Liang Jian and Zhong Yao, and the leaders of the SAIC have been accompanied by the inspection. The law enforcement inspection report fully affirms the effectiveness of the "consumer law" implemented by the industrial and commercial regulatory authorities.

By the State Council, the SAIC will work with relevant departments and units to study and implement the law enforcement inspection report of the National People's Congress Standing Committee on consumer law, and actively do the following aspects: improving the legal system of consumer rights protection, promoting the implementation of the "consumer law" regulations, playing the role of the Consumer Association, making clear the location of the Consumers Association as a public welfare social organization, supporting the organizations at all levels to fulfill their statutory duties, strengthening the management of prepaid card consumption, service areas and network consumption, coordinating and rationalizing the consumer rights protection mechanism, promoting the establishment of a national level consumer rights protection department coordination mechanism, and accelerating the integration of existing complaints platforms in various departments, so as to provide a strong guarantee for the implementation of the "consumer law".

(three) research and policy recommendations.

We completed the research on the policy proposal of expanding the consumption demand of multilevel residents in the central financial and economic leading group's office, conscientiously implemented the spirit of the eighteen party and the the fourth Plenary Session of the 18th CPC Central Committee, and launched the research on the modernization of consumer rights protection system and capability.

In accordance with the "State Council's approval of the development and Reform Commission's notice on the key work of deepening the reform of the economic system in 2015" (National Development [2015] 26) deployment, actively communicating with relevant departments to implement the reform of the fairness of the industrial policy and the competitive review mechanism.

Two, strengthen supervision and law enforcement, and earnestly safeguard the order of the consumer market.

(1) promoting consumer rights protection in key areas.

First, we should strengthen the supervision of commodity quality in circulation.

The General Administration of industry and Commerce has issued opinions on strengthening and standardizing the quality inspection of network dealers. It issued the notice on conscientiously doing a good job in the spot checks of commodity quality in the circulation field in 2015, and deployed and guided all localities to strengthen spot checks on key commodities such as televisions, electric water heaters, children's clothing, wool cashmere garments, wood-based panels, coatings, electric bicycles, brake pads and other key commodities in key areas such as household electronics, clothing, shoes and hats, decoration and materials, and pportation.

In 2015, the whole system sampled 113 thousand and 500 sets of commodities, and investigated and dealt with 86847 cases of consumer infringement cases, including 69848 cases of infringement of merchandise consumption and 16999 cases of infringement of service consumption.

Two, we should actively carry out special rectification.

The SAIC issued the notice on special rectification of children's products in circulation area, and deployed a special 3 month's special rectification action for children's articles.

Industrial and commercial supervision departments around the country conscientiously implement the requirements of the SAIC. During the special rectification period, a total of 45.06 households were inspected and 1524 cases were investigated and dealt with, with a value of 5 million 443 thousand and 400 yuan.

The three is to promote information publicity of supervision and law enforcement.

SAIC has actively carried out the work related to the credit system construction. According to the actual situation, all localities have adopted credit classification supervision, issued "red and black list", and disclosed 12315 complaints and reporting information according to law.

(two) actively regulate business activities in the service sector.

First, we should give full play to the functions of business and market supervision departments.

The General Administration of industry and Commerce issued the notice on the special rectification actions against the violation of the rights and interests of consumers in terms of contract terms, to carry out special rectification throughout the country, and comprehensively standardize the various format clauses in the field of consumption.

By the end of 2015, 24272 businesses had been interviewed and 12235 administrative proposals had been issued, 7176 of them were ordered to be reformed, 14651 of them were amended, 3834 cases were investigated and dealt with, and the amount of fines was 47 million 880 thousand yuan.

Two is to strengthen consumer infringement cases to investigate and enhance the level of consumer rights supervision and law enforcement.

The General Administration of industry and Commerce has instruct all parts of the country to intensify the investigation and handling of consumer infringement cases in accordance with the "consumer law" and "product quality law" and "penalties for violations of consumer rights and interests".

For example, Gansu has formulated the reward measures for reporting the sale of counterfeit and shoddy commodities, encouraging the public to take an active part in the supervision and law enforcement. Jiangsu, Sichuan and other places have actively explored the working mechanism of the pfer of complaints, focusing on the mediation of consumer disputes, dealing with consumers' appeals, screening the cases and pferring cases.

Three, we should actively promote departmental cooperation and cooperate effectively.

SAIC and other departments such as food safety office, General Administration of quality supervision, inspection and quarantine, food and drug administration, Ministry of pport and other departments have carried out provincial government quality work assessment, food safety supervision, and vehicle maintenance technical information disclosure.

(three) strengthening anti-monopoly and anti unfair competition law enforcement.

First, we should further promote the work of anti-monopoly law enforcement.

A total of 12 cases of suspected monopolistic conduct were investigated and dealt with throughout the year, involving telecommunications, water supply, medicine, gas, power supply, insurance, radio and television, salt industry and other social concerns, people's concerns about hot industries and public areas.

Among them, 4 cases were suspected of monopoly agreements, 8 cases were suspected of abusing the dominant position of the market.

Two, we should focus on the regulation of unfair competition.

2015 is the second year of the three year plan to focus on the regulation of unfair competition. The SAIC has deployed special operations to concentrate on air purification and drinking water purification and daily chemicals.

In the special operation, the national industrial and commercial system inspected 112364 households, issued 99695 promotional supplies, monitored advertisements for 6403 times, 168 administrative interviews, 1258 administrative guidance, and filed 262 cases. 49 cases were pferred and 1 were pferred.

In 2015, the whole system investigated 25 thousand cases of unfair competition.

(four) increase the intensity of false and illegal advertisements.

First, we should strengthen supervision and control over advertising.

In April 28, 2015, the SAIC national advertising data center was officially launched. It basically implemented the four day advertising supervision department from the general administration to the Provincial Bureau, the Municipal Bureau and the county bureaus, and monitored all the advertisements released by over 3600 media in 332 cities of 31 provinces (autonomous regions and municipalities).

The two is to intensify law enforcement and handling cases.

The General Administration of industry and Commerce has carried out centralized action against typical illegal advertisements throughout the country. It has identified 20 advertisements for illegal drugs, foodstuffs, cosmetics and collectibles across provinces and cities for a long time and has been investigated and dealt with uniformly.

Focusing on 20 key cases, 137 cases were filed and 10 million 71 thousand and 300 yuan was fined.

Monitoring data showed that compared with January 2015, the number of illegal advertisements in the country decreased by 26878 in December and 96.05%, while the rate of illegal advertising hours dropped by 34.98 percentage points, down 96.63%.

(five) carry out network paction supervision and law enforcement.

First, focusing on the fight against infringement and counterfeiting, we will carry out the 2015 red shield net sword special action.

From July to November, SAIC launched 2015 red sword network special operations in the whole system, and promoted the pipeline network, the network management network, the credit network and the collaborative pipe network.

In the special action, the business and market regulatory authorities jointly check the website and shop 1 million 911 thousand times online, check the website operators 198 thousand times on site, delete 75 thousand illegal merchandise information, order the rectification website 12554 times, bring down the website 2170 times, order the 1134 online shops that stop the platform service, investigate and punish 6737 cases of illegal cases, and better regulate the order of network commodity pactions.

The two is to deepen administrative guidance and standardize the main responsibility of network trading platform.

We should formulate and implement relevant systems and regulations, strengthen the control of online shop qualification, commodity information and quality, and improve consumer rights protection measures and dispute resolution mechanisms.

(six) crack down on trademark infringement.

According to the unified deployment of the National Leading Group on combating infringement and counterfeiting, the SAIC has worked out a work plan and organized a three year "clean breeze" action.

In the key areas such as the export of emerging markets and the export of Africa, the Arabia commodity market and the distribution center, all localities continue to strengthen the regulation of infringement and counterfeit goods in the circulation field, severely punish export infringement and counterfeiting offenses, and safeguard the overseas image of China made.

In 2015, the national industrial and commercial system investigated and dealt with 30 thousand and 700 cases of trademark violations. The value of the case was 501 million yuan, and 164 cases of suspected crimes were pferred to the judicial authorities in accordance with the law.

(seven) strengthen supervision afterwards.

Strengthen the construction of enterprise credit information publicity system.

At present, the national enterprise credit information publicity system has publicized the registration and filing of 77 million 470 thousand market entities and all kinds of information. The 3 million 50 thousand main market entities, including concealing the true situation, fraud and publicity, and unable to contact through their domicile (business premises), are listed in the list of operating anomalies, which provides a strong guarantee for the construction of an honest business environment and consumer rights protection.

(1) strengthening the construction of the 12315 system.

First, we should strengthen the standardization of the 12315 centers.

SAIC combined with the new situation of the reform of the industrial and commercial administration system, guided the prominent functions of the 12315 work in all areas, strengthened the standardized construction of the 12315 centers, further smoothed the channels for consumers' appeals, and announced the results of the unannounced visits to the whole system by commissioning third telephone interviews, and urged all localities to increase the connection rate of 12315 hotline calls.

In 2015, the national industrial and commercial system, based on the 12315 platform, accepted 7 million 778 thousand consumer appeals, which saved consumers 1 billion 860 million yuan in economic losses.

Two, we should actively adapt to the new needs of consumer rights protection.

SAIC has conscientiously implemented the division of tasks of the State Council's opinions on vigorously developing e-commerce and accelerating the cultivation of new economic power ([2015]24), accelerating the construction of the 12315 Internet platform and formulating the construction technology plan.

(two) strengthen 12315 data analysis and utilization.

First, strengthen the analysis of 12315 data.

SAIC analyzed and collected 12315 national data in depth, formed an analysis report on consumer rights protection work, analyzed the service economic situation, and released the analysis results to the public in a timely manner.

All regions focus on quantitative analysis of key commodities and services closely related to daily life of consumers, and regularly issue 12315 data analysis reports.

The two is to improve the 12315 data standard.

SAIC has initiated 12315 data standards and revision of statistical reports. The revised norms have added new items such as "online shopping", "personal information protection", "litigation and pferring cases", and further improved the statistical standard system of consumer rights protection.

Three is to strengthen the construction of 12315 data analysis application system.

The General Administration of industry and Commerce commissioned the research group of Renmin University of China to carry out mathematical modeling and econometric analysis of the past 12315 years' historical data in the past 10 years, completed the 12315 consumer rights data analysis model and index system topic, launched the 12315 data collection analysis system construction, and promoted the correlation between 12315 data and market subjects.

Four, we should promote the implementation of the first asking system and compensation prepayment system.

In September 2015, SAIC held a "national industry and commerce system to carry out on-site activities of consumer confidence building activities" in Jiangsu, promoting the experience of consumer confidence creation activities in Jiangsu and other places, and organizing the nationwide consumer confidence free activities.

In accordance with the requirements of the on the spot meeting, the business and market supervision departments around the country should implement the two consumer rights protection system of the consumer link operators' first asking and compensation first, and strengthen the 12315 "five in" and "two station" construction as the starting point, and build a new pattern of social co governance for consumer rights protection.

Four, carry out publicity, education and guidance, and strive to create a social atmosphere for stimulating consumption.

First, SAIC vigorously strengthened consumption education and guidance.

Around the introduction of the "opinions on improving the consumer's first asking and compensation system, and protecting the legitimate rights and interests of consumers", two administrative guidance seminars were held, and more than 20 traditional retail enterprises and new type of e-commerce enterprises in the country were invited to participate in the interpretation. The ten business enterprises in the country made a public commitment to fulfill their social responsibility for consumer rights protection, which further expanded the policy impact, urged the operators to strengthen self-discipline, and implemented the responsibility of the first responsible person for consumer rights protection.

Two is to guide all localities to actively carry out consumer education and guidance.

The General Administration of industry and Commerce directs all localities to carry out the mass consumer education and guidance activities featuring 12315 "five in" and "two stations".

All locals coordinate the local main TV media to publicize "12315, daily 315" public service ads and "12315 guard your side" promo, and continuously expand the awareness and influence of the 12315 brands.

The three is to support social forces in developing consumer education and guidance.

The General Administration of industry and Commerce and the Chinese consumer newspaper launched the editorial work of the 12315 consumer rights protection knowledge base (Consumer Education Edition) for consumers nationwide to further popularize consumer knowledge, rights protection methods, laws and regulations, and further improve the level of consumer education and guidance.

Five, strengthen exchanges and cooperation, and continuously enhance the level of internationalization of consumer rights protection.

(1) sign a memorandum of understanding on cooperation.

First, signed a memorandum of understanding on cooperation between China and South Korea in the field of consumer protection.

Zhang Mao, director general of the SAIC, accompanied Premier Li Keqiang during his visit to South Korea, signed the memorandum of understanding on the cooperation between the State Administration for Industry and Commerce and the fair trade protection committee of People's Republic of China on the joint testimony of Premier Li Keqiang and South Korean President Park Geun hye.

The two sides exchanged views and enhanced cooperation on important issues of common interest, such as the protection of consumers' rights and interests in cross-border pactions, marking a new step in the cooperation between China and South Korea in the field of consumer rights protection.

The two is to update the cooperation agreement with the Russian Federation Anti Monopoly Bureau.

The SAIC and the Russian Federation Anti Monopoly Bureau signed the memorandum of understanding on the implementation of the People's Republic of China State Administration for Industry and Commerce and the Russian Federation Anti Monopoly Bureau (2016-2017) in Moscow, and continue to cooperate in the field of competition law enforcement and advertising supervision.

The three is the signing of a memorandum of understanding on Sino Canadian cooperation in the field of competition.

The General Administration of industry and Commerce and the Canadian competition bureau signed the memorandum of understanding on cooperation between the State Administration for Industry and Commerce of People's Republic of China and the competition committee of the Canadian Competition Bureau in Ottawa, which agreed to jointly promote anti monopoly and anti unfair competition cooperation, stop anti competitive behavior and deception marketing, and further enhance the cooperation level of the protection of consumer rights and interests.

(two) actively participate in international exchanges and seminars.

First, we should launch cooperative projects to strengthen consumer personal information protection in joint emerging countries.

SAIC and the German Federal Ministry of justice and consumer protection, and the Ministry of justice of Brazil jointly organized the international seminar on managing state affairs and consumer personal information protection, and international legal system and practical training of consumer personal information protection.

The two is to attend the seminar on Sino German internet paction regulation in Germany.

This paper discusses the issues of China's online market development and regulation, the European Commission's digital market strategy in Europe, online trading and data protection, non litigation dispute resolution mechanism / Online Dispute Resolution mechanism (ADR/ODR) and consumer rights, online pactions and e-commerce decrees, challenges to online pactions, latest developments and new programmes jointly monitored by the EU level.

(1) conscientiously participate in legislation and supervision, and actively promote public interest litigation on consumer rights protection.

First, take an active part in the law enforcement inspection of "consumer law" organized by the Standing Committee of the National People's Congress; two, put forward 864 amendments to the 86 laws, regulations, regulations and standards from the food safety law, the advertising law, the prevention and treatment of medical disputes and the basic requirements for banking network services, the residential property service specification, the guidelines for the evaluation of government hotline services, and the standards. Three, actively cooperate with the Supreme People's court to promote the judicial interpretation of consumer public interest litigation; four, guide and support the local government.

The practice of public interest litigation is explored.

Among them, the Shanghai municipal consumer protection committee has been the first public interest litigation case accepted by the court for the public interest litigation initiated by the mobile phone pre installed software which can not be unloaded and does not inform consumers.

(two) thoroughly carry out complaints handling work, and strive to resolve consumer disputes.

First, we should strengthen the guidance of the National Consumers Association to receive complaints from consumers.

In line with the new consumption and new hot spots, we have formulated the "2015 China Consumer Association complaint consultation system operation manual", one to one guidance local consumers association to submit the complaint data and typical cases, and compiled the "National Consumer Association Organization complaints mediation case selection".

In order to strengthen the normalization of complaints, we formulated and promulgated the "Consumer Association's right to organize consumer rights negotiations".

The two is to use data analysis to guide rights protection.

To summarize and analyze the consumer complaints situation of the National Consumers Association, issue the quarterly complaints statistics analysis and annual complaints statistical analysis report of the National Consumers Association, and issue special reports for key consumption areas.

In 2015, the National Association of consumers associations received nearly 64 million complaints from consumers, settling nearly 550 thousand pieces, with a resolution rate of nearly 86%, saving consumers about 1000000000 yuan in economic losses.

(three) innovating the means of consumer rights protection and vigorously developing consumer guidance activities.

First, through the "TV shopping service evaluation", "double eleven online shopping price tracking situation" and other experience surveys, innovative consumer rights monitoring means.

Among them, the joint 24 provinces and municipalities Association of consumers launched the "part of the domestic tourism route survey" results released, the National Tourism Administration said on the official website on the day of the responds, instructed the relevant provincial and municipal tourism departments to settle the deadline, and resolutely safeguard the legitimate rights and interests of tourism consumers.

Local tourism authorities and relevant travel agencies and scenic spots actively implement rectification.

The two is to conduct comparative tests on commodities.

In view of the daily consumer products of ordinary consumers, a comparative test is conducted on items of important items such as product function and performance concerned by consumers.

We have finished the comparison test of big board, hairdressing mask, electric water heater, washing powder, laundry detergent, cleaning supplies, student backpack, flash disk and so on, involving 288 products.

In conjunction with Shandong, Hebei, Liaoning, Inner Mongolia and other consumers associations, a comparative test of washing machines and air humidifiers was carried out to promote comparative tests in various places.

The three is to set up an expert committee.

In 2015, the China Consumer Association established an expert committee. A total of 90 experts and lawyers accepted the appointment of the China Consumers Association.

The expert committee will provide professional consultation services to the Chinese consumers' Association to perform public welfare duties. The lawyers' group will provide legal practice services for the Chinese consumers' Association to protect consumers' rights and interests.

2016 is the beginning of the decisive stage of building a well-off society in an all-round way. It is also the year of tackling structural reform.

The industrial and commercial supervision departments at all levels will conscientiously implement the decision making arrangements of the Party Central Committee and the State Council, focus on the overall layout of the "five in one" and "four comprehensive", implement the "five development concepts", accurately grasp the objectives and tasks of the consumer rights protection work under the new normal in the supply side structural reform, and actively build a new mechanism for CO governance of consumer rights protection society, so as to create a safe, convenient and honest good consumption environment for economic development, and strive to achieve a good start in the 13th Five-Year consumer rights protection work.

Thank you!