Xinhuo Xiaofa is dissatisfied with online shopping

2022-07-22
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New consumer law: return within 7 days if you are not satisfied with the purchase

off-site shopping will be given the right to regret. It is easy to impulsively buy the press from Northeast China and sell it to Hainan 3 yadu. You can return it within 7 days if you are not satisfied afterwards. If there is a problem in buying durable goods such as cars, computers and refrigerators, the operator is proposed to prove his innocence. The amount of punitive damages for fraudulent consumption will be increased from the original double to three times

yesterday, the consumer protection law, which has been implemented for nearly 20 years, was overhauled for the first time. The draft amendment was first submitted for deliberation at the second meeting of the Standing Committee of the 12th National People's Congress

On october31,1993, the law on the protection of consumers' rights and interests was passed and came into force on January 1, 1994. This is the first time that China has comprehensively confirmed consumers' rights in the form of legislation. It is regarded as a weapon and legal umbrella for consumers to safeguard their rights

yesterday, Li Shi, director of the Legislative Affairs Committee of the Standing Committee of the National People's Congress, reached a cooperation agreement with the Ningbo Institute of materials of the Chinese Academy of Sciences on the research of aluminum foil battery materials; Taking the opportunity of the provincial strategic emerging industry convergence and development base, when explaining the draft amendment, he said that with the continuous economic and social development, great changes have taken place in China's consumption mode, consumption structure and consumption concept, and many new situations and problems have emerged in the field of consumer rights and interests protection. It is necessary to amend this Law in due time to improve the legal system of consumer rights and interests protection

Li Shishi introduced that protecting consumers' rights and interests is the core and foundation of the consumer rights and interests protection law. The draft has been revised from three aspects: clarifying the protection of personal information, improving the Three Guarantees, and increasing the punishment for fraud

the consumer law is expected to be revised for the first time. It is reported that how to regulate punitive measures, whether to allow consumers to renege, and whether to expand the scope of application of the consumer law are the focus of controversy in the revision of the law

■ memorabilia of law revision

● 1993

formulated the consumer law

China formulated the consumer rights and interests protection law. The law first established the consumers' right to know, the right to equal transactions, and the right to claim compensation according to law. It came into force in 1994. Medical disputes and housing disputes are not included in the scope of application

● in 2009, the State Administration for Industry and Commerce has taken the lead in initiating the revision of the consumer protection law

● 2010

draft for approval

revised draft for approval submitted to the State Council

● in march2012, it was suggested that the law on the protection of consumers' rights and interests should be amended. During the fifth session of the Eleventh National People's Congress, 121 delegates proposed four proposals to amend the law on the protection of consumers' rights and interests

● in November, 2012, the consumer law was revised and included in the legislative plan of the Standing Committee of the Eleventh National People's Congress

● in April, 2013, the draft amendment to the consumer law was first deliberated and submitted to the Standing Committee of the National People's Congress for deliberation

focus interpretation

remote shopping purchase plans to add regret right

[draft provisions] operators sell goods by means of Internet, television, mail order, etc., and consumers have the right to return the goods within seven days from the date of receiving the goods, except those that are not suitable for return according to the nature of the goods. The business operator shall return the price paid by the consumer within seven days from the date of receiving the returned goods

[current consumer law] has no relevant provisions

[expert interpretation] Liujunhai, director of the Institute of commercial law of Renmin University of China and vice president of the China Consumers' Association, who participated in the revision of the consumer law, said that in recent years, online shopping and TV shopping have been very developed. Complaints in these new shopping areas remain high. Because it is difficult to identify the authenticity of goods, businesses often deceive consumers and make consumers sign on impulse shopping. Should consumers be given a certain right of regret? The current development situation of the domestic plastic machinery industry is that there are low independent innovation ability and few high-grade and personalized special varieties, which is a controversial issue in the revision of the law. Many operators oppose it, especially real estate developers and auto dealers, but experts and scholars generally agree to write the right of estoppel into the consumer law

the draft has added the right to regret (also known as the cooling off period), which is equivalent to returning goods without cause. However, a comprehensive right of repentance is not appropriate. In order to prevent abuse by some consumers, a 7-day period has been set, and the right of repentance is limited to the field of off-site shopping such as shopping, television, mail order and so on. However, commodities that are not suitable for return, such as bulk commodities, real estate, fresh aquatic products and food, do not apply to the right of estoppel

however, Liujunhai still believes that the scope of application of the right to regret should be expanded, such as buying a commercial house, a car, etc. buying a house is too important for consumers

the punitive damages for consumption fraud is planned to be increased to three times

[draft provisions] If an operator commits fraud in providing goods or services, it shall increase the compensation for its losses according to the requirements of the consumer, and the amount of increased compensation shall be twice the price of the consumer's purchase of goods or the cost of receiving services

[current consumer law] if a business operator commits fraud in providing goods or services, it shall, at the request of the consumer, increase its compensation for the losses suffered. The amount of increased compensation shall be twice the price of the consumer's purchase of goods or the cost of receiving services

[expert interpretation] lawyer qiubaochang, head of the lawyers' group of the Chinese consumers' Association, said that the current consumer law stipulates that fraud must be double compensated (i.e. 1+1 compensation), that is, false compensation for two, which was a major breakthrough in the law at that time and also derived a professional dummy beating group represented by Wang Hai. However, this provision obviously does not adapt to the development of society. The value of some commodities is very low, and double compensation is not enough to deter violators

in this revision, this punitive provision is proposed to be adjusted to 1+2 compensation, and a lower limit of compensation of 500 yuan is proposed. It takes time and energy for consumers to protect their rights, which is more conducive to improving consumers' enthusiasm for protecting their rights and increasing the illegal costs of businesses. However, it is a pity that the maximum amount of punitive damages that has the greatest impact on enterprises is not capped and has not been included in the revised draft, but the original maximum amount of compensation is raised from double to triple

information protection consumers' right to privacy is included in protection

[draft provisions] consumers have the right to protect personal information such as name right, portrait right and privacy right when purchasing and using goods and receiving services. When collecting and using consumer personal information, business operators shall clearly state the purpose, method and scope of collecting and using the information, and obtain the consent of the recipient. Business operators and their staff members must strictly keep confidential the collected personal information of consumers and ensure the information security

[current consumer law] stipulates that consumers enjoy 9 rights, but there are no provisions on privacy and other personal information protection

[the special operation process depends entirely on the operator's operation level] yanglixin, President of the Beijing Society for consumer protection law, pointed out that in recent years, the problem of consumer personal information protection is particularly typical. Spam messages and spam are persistent diseases. What is more serious is the phenomenon of stealing credit cards, which directly causes consumer property losses

the draft includes the protection of consumers' privacy rights and increases the right of consumers' personal information such as portrait, name and privacy to be protected by law, which is a highlight

yanglixin said that the current consumer law stipulates that consumers enjoy nine rights. However, with the development of the market economy, especially the emergence of the Internet economy, the nine rights are far from enough to protect consumers. The most prominent is the right to privacy. The phenomenon of unauthorized disclosure of personal information often occurs, seriously affecting the normal life of consumers

the amendment also plans to stipulate that operators shall not send commercial electronic information to consumers without consent, and the personal information problems that perplex consumers are expected to be standardized

the consumers' Association of public interest litigation can bring a lawsuit on behalf of consumers

[draft provisions] the Chinese consumers' Association and the consumer associations established in provinces, autonomous regions and municipalities directly under the central government can bring a lawsuit to the people's court for acts that infringe on the legitimate rights and interests of many consumers

[current consumer law] does not give the consumer association the function and right to organize public interest litigation

[expert interpretation] Liujunhai, director of the Institute of commercial law of Renmin University of China and vice president of China Consumers' Association, said that there is a serious imbalance between the benefits and costs of protecting consumers' rights. Many group events have to be prosecuted by consumers themselves. It is difficult to obtain evidence for protecting their rights

this time, the public interest litigation system of consumer organizations is introduced, which is the extension and refinement of Article 55 of the civil procedure law in the field of consumer protection. The protection of consumers' rights and interests should not only protect the vulnerable groups, but also safeguard the public interest, which enriches the rights protection responsibilities of the consumers' Association and gives it a certain say. In the future, when consumers encounter mass incidents with large victimization and serious problems like Sanlu milk powder and Sudan red, they do not need to file a lawsuit by themselves, but provide some infringement facts and evidence to the consumers' Association. The consumers' Association will file a lawsuit for the victims on behalf of the unspecified majority of consumers, so as to avoid the suffering of consumers' own rights protection. This can completely solve the problem that consumers want to recover a chicken It is a long-standing problem that the cost of protecting the rights of a cow must be killed is too high

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