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News background
The first comprehensive revision of the implementation of the law in 20 years
On October 31, 1993, the Fourth Session of the Eighth National People's Congress Standing Committee passed the Law of the People's Republic of China on Consumer Rights Protection, which stipulated the rights of consumers, the obligations of operators, and all aspects of government and society in the form of special laws. Responsibility to protect consumer rights. All provinces, autonomous regions, and municipalities directly under the Central Government have also formulated local regulations in accordance with the Consumer Protection Law. Since then, Chinese consumers have embarked on the road of legal rights.
In 2009, the "Cancellation Law" was amended for the first time, but only one of the words was changed, that is, according to the legal process, the law on administrative punishments for public security will be changed to the law on public security management.
In 2013, on the occasion of the official implementation of the Consumer Law for 20 years, on October 25, the Fifth Session of the Standing Committee of the 12th National People's Congress voted to adopt a decision on the revision of the Consumer Protection Law. President Xi Jinping signed the Presidential Decree No. 7, which will be promulgated and will take effect on March 15. This is a comprehensive revision. The new law has further stipulated the rights of consumers, the obligations of operators and the responsibilities of relevant government departments, especially the relevant responsibilities of social organizations.
Interpretation of regulations
Seven highlights are closely related to consumers
It is reported that the NPC Standing Committee's decision to amend the Consumer Protection Law contains 31 amendments. Relevant experts have summarized seven highlights that are closely related to consumers.
1 first clear recall obligation
â—ŽNew elimination method
Article 19 of Chapter III clearly stipulates that if the operator finds that the goods or services provided by him are defective and threatens the safety of the person or property, they shall immediately report and inform the relevant administrative department and stop selling, warning, and Measures such as recall, harmless treatment, destruction, production stoppage or service. In the case of a recall measure, the operator shall bear the necessary expenses for the consumer to be recalled for the goods.
â—Ž Article 18 of Chapter III of the Old Consumer Law stipulates: The operator finds that the goods or services provided by him have serious defects. Even if the correct use of the goods or the service may cause harm to the safety of the person or property, they shall immediately report to the relevant administrative department. Report and inform consumers and take measures to prevent the occurrence of hazards.
â—Ž Interpretation: Prior to this, China only issued relevant recall management regulations for automobiles, food, children's toys, etc., and was limited to administrative regulations. However, the new elimination method is the first time to clarify the obligation of the operator to recall products at the national legal level. The recall system can be said to protect consumer rights to a greater extent. We often find defects in certain household products, such as toilets that may explode, in the spot check report or news of the quality supervision department. It is hoped that after the implementation of the new consumer law, the company will deal with such products with risk of use.
Returnable within 2-7 days
â—ŽNew elimination method
Article 24 stipulates that: if the goods or services provided by the operator do not meet the quality requirements, the consumer may, in accordance with the state regulations, the parties agree to return the goods, or require the operator to perform the duties of replacement, repair, etc. If there is no national regulation and the parties agree, the consumer may return the goods within seven days from the date of receipt of the goods; after seven days, if the conditions of the legal termination of the contract are met, the consumer may return the goods in time, and if the conditions of the contract are not met, the operator may be required to perform the performance. Obligation to replace, repair, etc.
Article 25 stipulates that: the operator sells goods by means of internet, television, telephone, mail order, etc., and the consumer has 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.
â—Ž Article 23 of the Old Consumer Law stipulates that: if the operator provides goods or services and undertakes repair, replacement, return or other responsibilities in accordance with state regulations or agreements with consumers, it shall perform in accordance with state regulations or agreements. Do not deliberately delay or unreasonably refuse.
â—Ž Interpretation: The new elimination method has comprehensively strengthened the responsibility of the Three Guarantees. It is reported that the original "three guarantees" regulations were jointly issued by the industrial and commercial and quality inspection departments, a total of seven. Moreover, there are certain differences in the "three guarantees" regulations for not using goods. Now it is stipulated that without the state regulations and the parties' agreement, the consumer can return the goods within seven days from the date of receipt of the goods. As a result, the problem of returning some products in home shopping is expected to be solved.
In addition, Article 25 of the new Consumer Law has appeared on the purchase of goods by off-site shopping, and there is no reason to return the goods within seven days. This system is reported to have received widespread attention during the revision process. However, with the development of society, online, TV, telephone and other shopping methods have become more and more popular, especially online shopping, with huge sales. Due to the differences in the quality of consumers' rights and the promotion of online shopping or the large difference between the sample and the picture, more and more consumer disputes are caused. There is no reason to return the goods within seven days, which will become an important system to protect consumer rights.
Online shopping of household products has become more and more fashionable, but whether large-scale household goods such as furniture can enjoy 7 days without reason to return the industry is still controversial. Because some products involve custom-made gauges, and furniture may affect secondary sales after installation. However, the industry has different views on this, some companies believe that their own brands can do, and some worry about high logistics losses.
In addition, the consumption of the returned goods is borne by the consumer. Some people have analyzed that the packaging of furniture products is complicated and the freight is high, which may also become a roadblock for consumers to exercise their right to return goods.
3 disputes merchants provide evidence
â—ŽNew elimination method:
Article 23 stipulates that: the durable goods or decoration and other services provided by the operator, such as motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines, etc., are discovered within six months from the date of acceptance of the goods or services. Hey, if a dispute arises, the operator shall bear the burden of proof concerning the embarrassment.
Interpretation: This is a new addition to the law, which clarifies the burden of proof of the operator. In the household consumption dispute, we generally adopt the principle of who advocates who gives evidence. That is to say, consumers must rely on their own to prove whether the encounter involves infringement and whether the product has quality problems. This virtually increases the difficulty and cost of consumer rights protection. In the previous interviews on consumer rights protection incidents, lawyers called on the state to adopt the principle of inversion of the burden of proof, and the merchants will prove that the burden of rights protection for consumers is reduced.
The consumer’s wish has already been realized in the new consumer law. However, consumers should note that this clause is limited to durable goods or decoration services such as motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines, etc., and there is a time limit of “controversy within six monthsâ€.
4 to eliminate the overlord clause
â—ŽNew elimination method
Article 26 stipulates that: if the operator uses the format clause in the business activities, it shall draw the attention of the consumer to the quantity and quality of the goods or services, the price or the fee, the time limit and method of performance, the safety precautions and the risk warning, After-sales service, civil liability and other content that has a significant stake in the consumer, and in accordance with the requirements of consumers.
Operators may not use the format clauses, notices, statements, store notices, etc. to exclude or restrict consumer rights, reduce or exempt the operator's responsibilities, increase consumer responsibilities, etc., which are unfair and unreasonable to consumers. Terms and conditions use technical means to force transactions.
â—Ž Old Consumer Law: Article 24 stipulates: Operators may not make unfair or unreasonable provisions on consumers by means of format contracts, notices, declarations, store notices, etc., or mitigate or exempt them from harming the legitimate rights and interests of consumers. Civil liability assumed.
Interpretation:
Format contracts are frequently encountered in consumer infringement cases. Operators use customized contracts to make consumers have no choice. This is what is commonly referred to as the “overlord clauseâ€. The new consumer law also provides special provisions for format contracts. For example, in the business premises involving consumer rights, it should be clearly marked in a prominent position to further protect the interests of consumers. Recently, the Beijing Municipal Bureau of Industry and Commerce has announced the six overlord clauses in the home improvement contract. After consumers encounter similar bullying clauses, they can refuse to sign and report to relevant departments, which is also a good way to further regulate the market.
5 punishment increased greatly
â—ŽNew elimination method:
Article 55 stipulates that: if the operator provides fraudulent acts on goods or services, it shall increase the compensation for the losses suffered by the consumers according to the requirements of the consumers, and increase the amount of compensation to be three times the price of the goods purchased by the consumers or the services received. If the amount of compensation is less than 500 yuan, it will be 500 yuan. Where the law provides otherwise, it shall be in accordance with its provisions.
Article 56 stipulates that: The operator shall have one of the following circumstances: in addition to the corresponding civil liability, if other relevant laws and regulations have provisions on the punishment organs and punishment methods, they shall be implemented in accordance with the provisions of laws and regulations; If the provisions are made, the administrative department for industry and commerce or other relevant administrative department shall order it to make corrections. According to the circumstances, it may be accompanied by warnings, confiscation of illegal income, and fines of more than one time and ten times the illegal income. If there is no illegal income, A fine of less than 100,000 yuan; if the circumstances are serious, it shall be ordered to suspend business for rectification and revoke the business license...
â—ŽOld elimination method
Article 49 stipulates that: if the operator provides fraudulent acts in goods or services, it shall increase the compensation for the losses suffered by the consumers according to the requirements of the consumers. The amount of compensation shall be doubled the price of the goods purchased by the consumers or the fees for receiving the services. .
Article 50 stipulates that: The operator has one of the following circumstances: If the "Product Quality Law of the People's Republic of China" and other relevant laws and regulations have provisions on penal institutions and punishment methods, they shall be implemented in accordance with the provisions of laws and regulations; If the provisions are made, the administrative department for industry and commerce shall order it to make corrections. According to the circumstances, it may be accompanied by warnings, confiscation of illegal income, and fines of more than one time and five times the illegal income. If there is no illegal income, a fine of not more than 10,000 yuan shall be imposed. If the circumstances are serious, order to suspend business for rectification and revoke the business license...
â—Ž Interpretation:
From the comparison of the old and new regulations, we can easily see that the amount of compensation for the operator's fraudulent behavior has been greatly improved. The new law stipulates that the amount of compensation for the increase in the cost of goods and services has doubled from the original to three times today. The amount of compensation increased by less than 500 yuan is calculated at 500 yuan, and the compensation bottom line is increased.
In addition, the new consumption law has further increased the intensity of administrative penalties. The fines have been changed from less than 5 times the original illegal income to less than 10 times. If there is no illegal income, the original one is less than 10,000 yuan and less than 500,000 yuan. It has a great deterrent effect on the operators. It seems that some merchants will arbitrarily make up the performance of the goods and exaggerate the service effect in the future.
6 illegal behavior into the integrity record
â—ŽNew elimination method
Article 56 stipulates that: ... If the operator has the circumstances specified in the preceding paragraph, the penalty authority shall record it in the credit file and make it known to the public, except that it shall be punished in accordance with the provisions of laws and regulations.
â—Ž Interpretation: This time, it is clearly stated in the Consumer Law that the investigation and punishment of violations of Article 56 of the new Consumer Law shall be announced to the public. According to relevant sources, on November 20, 2013, the State Council executive meeting specifically passed the "Opinions on the disclosure of the sale and sale of counterfeit and shoddy goods according to law" and the "Opinions on the information on infringement of intellectual property rights administrative punishment cases", which specifically mentioned that the administrative law enforcement agencies should take the initiative. Open the case information, mobilize the power of the whole society to punish the offenders, and make the offenders illegal in one place and restricted everywhere. In the future, public illegal information will form a system, and the credit file will be disclosed to the public. As long as there is an illegal record, the public can find it, and the record will follow the life of the enterprise. In this way, I believe that not only the home business, but all enterprises will scruple the illegal cost and have some convergence.
7 can blame the advertiser
â—ŽNew elimination method:
Article 45 stipulates:: If an advertising operator or publisher designs, produces or publishes false advertisements relating to consumers' life-health goods or services, causing damage to consumers, it shall be jointly associated with the operator providing the goods or services. responsibility.
If a social group or other organization or individual recommends goods or services to consumers in false advertisements or other false propaganda related to consumers' life-health goods or services, causing damage to consumers, it shall be jointly associated with the operator who provides the goods or services. responsibility.
â—Ž Article 39 of the old consumer law stipulates: ... If the operator of the advertisement issues a false advertisement, the consumer may request the administrative department to punish it. If the operator of the advertisement cannot provide the real name and address of the operator, it shall be liable for compensation.
â—Ž Interpretation: The new elimination method strengthens the responsibilities of the advertisers and publishers, and stipulates false advertisements involving consumers explaining health, safety and services, causing damage to consumers. The publisher of the advertisement operator shall bear joint and several liability. To put it simply, if a celebrity endorsement of a product has a false advertisement that causes damage to the consumer, then he has to bear joint and several liability. In life, we often see certain associations, centers, and social groups recommending goods to consumers. If the goods are falsely publicized, they must also bear the corresponding joint responsibility.
Home products to find celebrity endorsements, to find association recommendations is a common thing. However, after the introduction of the new consumer law, the stars who spoke endorsements should also look at the products personally. If something goes wrong, you are responsible. 
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New consumer law to protect consumers
Abstract The new "Consumer Protection Law" will be officially implemented on the day of the protection of consumers' rights and interests on March 3. This is the first time in 20 years that the elimination of the law has been comprehensively revised. What are the differences between the old and new consumption methods? Home consumers...
The new "Consumer Rights Protection Law" will be officially implemented from tomorrow, March 15th, Consumer Protection Day. This is the first time in 20 years that the elimination of the law has been comprehensively revised. What are the differences between the old and new consumption methods? What new protections can home consumers get from them? Please see the comprehensive interpretation of Jinghua Home for you. In general, the new elimination method further regulates the behavior of the operators, refines the interests of consumers, and pays attention to popular online shopping and other issues.