Better Interpretation Of Legal Weapons

< p > consumers who have increased the burden of proof inversion clauses, let < a href= "//www.sjfzxm.com" > online shopping < /a > have seven days to regret... From tomorrow on, the law of the People's Republic of China on the protection of consumers' rights and interests (hereinafter referred to as the new consumer law) has been revised for the first time in nearly 20 years. The legal weapon is more perfect, consumers will undoubtedly have more confidence in the future consumer rights protection, and Consumers Association has more laws to solve consumer disputes. < /p >
< p > how should consumers use the new rights and powers granted by the new consumer law? Yang Wenji, deputy director of Zhifu industrial and commercial bureau and President of Zhifu Consumer Association, interpreted the new "consumer law". < /p >
< p > < strong > online shopping can enjoy seven days' right of recall < /strong > < /p >.
< p > Miss Li saw a leather bag on the Internet. After the goods arrived, she found that the color difference was very great, the pale yellow became yellow, and the zipper had no texture at all. Want to return, but no quality problems were rejected. Lee bought a camera on the third party platform in July 16, 2013. Because of the seller's complaints, the third party platform could only provide the seller's identity card and mobile phone contact information when investigating the basic information of the seller on the third party platform. < /p >
< p > interpretation: "the new consumer law" aims at the new consumption form of online shopping, and strengthens the protection of consumers' rights and interests from three aspects. This is a major highlight of this amendment. Yang Wenji said that all these situations can be protected after the implementation of the new "consumer law". < /p >
< p > Yang Wenji said that on the one hand, there was a seven day no reason return system, and consumers had the right to return the goods within seven days from the date of receipt of the goods, without giving reasons. On the other hand, new online shopping and other off-site shopping information disclosure system, the core of the regulation is to protect consumers' right to know. Asking operators to provide business addresses and contacts will help clarify the main business and solve the outstanding problems faced by off-site shopping. The third aspect is: the new consumer law stipulates that the provider platform of the network trading platform is the third party, assuming limited liability. < /p >
< p > < strong > disclosure of consumer information and civil and administrative responsibilities < /strong > < /p >
< p > Jia has booked a set of 5888 sets of wedding photo packages in a wedding photography institution, and has agreed on relevant contents. An appointment was made with the agency to confirm a one day wedding photo shoot. Second days after the wedding photo, a wedding agency promoted the wedding planning product to Jia Mou by telephone. < /p >
< p > interpretation: consumers enjoy personal information protection. In addition to the corresponding civil liability, where the law and regulations are not specified, the infringer shall be ordered by the industrial and commercial or other relevant administrative departments to make corrections. He may, according to the circumstances of the plot or the joint warning, confiscate the illegal gains, impose a fine of more than ten times the amount of the illegal gains, and if there is no illegal gains, he shall be fined not more than five hundred thousand yuan; if the circumstances are serious, he shall be ordered to suspend business for rectification and revoke his business license. In addition to being punished according to the provisions of laws and regulations, the penalty organ shall record it in the credit file and publish it to the public. < /p >
< p > < strong > consumers have the priority right of return < /strong > < /p >.
< p > October 3, 2012, Mr. Lin bought a 52 Inch LCD TV from a shopping mall. Before long, the newly bought color TV screen often went wrong. After repeated repairs, problems can never be solved. In early September of last year, the old problems of Mr. Lin's color TV set appeared again. This time, Mr. Lin insisted on the return of the machine, requiring the merchants to refund in full according to the purchase price. < /p >
< p > interpretation: in the new consumer law, the priority right of consumers is specified. If a commodity or service fails to meet the quality requirements, consumers may return, replace, and repair according to the state regulations and the parties' agreement, and expand the scope of application of the provisions of the three package. The original three package stipulates that there are only 20 kinds of commodities. < a href= "//www.sjfzxm.com/news/index_q.asp" > New Consumer Law < /a > stipulates that consumers can return the goods within 7 days from the date of receipt of the goods without the stipulations of the state and the parties concerned. It is clear that after 7 days, the operator shall assume the obligation of return, repair and replacement, and make clear that the starting date of the three packet period shall be calculated from the date of delivery. < /p >
< p > < strong > format clauses should be brought to the consumer's attention in a significant way < /strong > < /p >.
< p > mobile phone service agreement says: "customers fully realize that mobile phone communication service is inevitably affected by network coverage, network failure and optimization and upgrading of mobile communication system, and may cause communication interruption. The client promises and guarantees that he will not claim compensation from the company for such circumstances. " < /p >
< p > interpretation: the new consumer law has further regulated the unfair behavior of consumers in terms of unfair format clauses. First, it is required that operators should use the standard clauses to draw consumers' attention to the contents that are of great interest to them, such as safety precautions, risk warnings, after sales services, civil liabilities and so on. Two, we have refined the corresponding situation that damages consumers' rights and interests by using formatted clauses. Operators should not exclude or restrict consumers' rights in terms of formatting terms, notices, shop notices, etc., and make unfair or unreasonable provisions to consumers, such as relieving or relieving operator's responsibilities, increasing consumers' responsibilities, etc. three, in the process of network transactions, operators should use technical means to require consumers to agree with the prescribed terms of the format, otherwise they will not be able to trade. < /p >
< p > < strong > punitive damages increased to three times < /strong > < /p >.
< p > Li Mou saw in a TV shopping advertisement that a network company in Shanghai publicize a watch watch set with Swiss imports, natural diamond and crocodile strap (each set of 5 watches). It has ordered two sets of heart watches very much. After opening the box, it found that the strap cortex was not the crocodile cortex, and the shopping invoice was not found in the box. The watchmaker told the watch that it was not imported from Switzerland, and it belonged to "three no products". After mediation, it returned to 2 yuan and redoubled compensation. < /p >
< p > interpretation: the new consumer law has made great adjustments in punitive damages. The cost of goods and services doubled from the past increase to three times the increase in compensation; the minimum compensation was stipulated; the operator knew that the goods and services were defective and still provided to consumers, causing serious damage to consumers or other victims and serious damage to their health. In addition to claiming damages in accordance with the law, they also had the right to claim punitive damages under two times the loss. < /p >
< p > taking consumer death as an example, the loss may include loss of personal injury (such as medical expenses, nursing expenses, transportation expenses, loss of work expenses, funeral expenses and death compensation, property damage, mental damage compensation, etc.), and when calculating punitive damages, it will be multiplied by "2" after all losses are calculated. < /p >
< p > < strong > defects < a href= "//www.sjfzxm.com/news/index_f.asp" > Product > /a > recall scope applicable to all goods or services < /strong > /p >
< p > Mr. Fan bought a brand car for 249 thousand and 800 yuan. When driving less than 5000 kilometers, often heard the noise of the roof of the car shed; after driving to 5000 kilometers, the car appeared a slight tail phenomenon; after driving to 10000 kilometers, the speed of more than 40 km / h, there was a serious upward and downward swings. Franchised stores believe that the problem is a common problem with the car and asks consumers to go back and wait for the recall. Mr. Fan waited for half a year and did not wait for the manufacturer's recall. < /p >
< p > interpretation: the original "consumer law" eighteenth provision, operators found that the goods or services provided by them have serious defects, even if the correct use may still cause harm to personal and property safety, we should report to the administrative department and inform consumers, and take measures to prevent the occurrence of hazards. The new consumer law has removed the word "serious". It is clear that as long as the operator finds that the goods or services provided by him are defective, and endangers the safety of personal and property, one must immediately report to the relevant administrative departments and inform consumers. Two, we should take measures such as stopping sales, warning, recalling, harmless disposal, destroying, stopping production or services, etc. three, consumers must bear the necessary expenses for the recall of goods. < /p >
< p > the new "consumer law" stipulates that the scope of recall applies to all goods or services, and raises the legal order from < a href= "//www.sjfzxm.com/news/index_q.asp" > administrative regulations < /a > regulations to the basic law. < /p >