What Are The Highlights Of The New Elimination Act?

In the city industry and Commerce Bureau consumption The Department of rights and interests protection was informed that China's current consumer law was formally adopted in 1993 and has been implemented for 20 years. As a special law that tends to protect consumers, the huge role of consumer law in protecting consumers' rights and interests is obvious. According to Liu Wenhui, director of the section, the Standing Committee of the National People's Congress passed the revised law on the protection of consumers' rights and interests in October 25, 2013. The revised law will be implemented in March 15, 2014, and the new implementation of "consumer law" is the highlight of the Seventh National Congress of the Communist Party of China.

　 Highlight 1: consumers enjoy "regret right" for seven days.

Nowadays, online shopping has become a very common way of trading. According to the data released by the China Consumers' Association, the consumer associations at all levels handled 20454 complaints on Internet shopping last year, accounting for 52.4% of the sales service complaints.

The new consumer law stipulates that operators sell products through Internet, television, telephone and mail order. In addition to special circumstances, consumers have the right to return the goods within seven days from the date of receipt of the goods, without giving reasons. But consumers need to pay for the "go back" and bear the cost of return freight. But the following commodities are excluded: (1) the consumer has made the order; (two) fresh and perishable; (three) online downloading or digital products such as audio-visual products and computer software that consumers have sealed, and (four) delivered newspapers and periodicals.

　 Highlight two: Prohibition of divulging consumer information

Nowadays, personal information and information are often leaked and unharassed.

The new consumer law clearly stipulates that operators and their staff must strictly keep confidential personal information collected by consumers, and shall not divulge, sell or illegally provide them to others. The operator shall not send commercial information to the operator without the consent or request of the consumer or the consumer expressly refusing.

Highlight three: the reversal of burden of proof in safeguarding rights disputes

Earlier, many people had to give up their rights in accordance with the basic principles of "civil litigation". The difficulty of safeguarding rights has always been a "hardest hit" for consumers' rights and interests. However, the problem that consumers reflect more is that it is difficult to produce evidence.

The new "consumer law" stipulates: for durability commodity Or the service of decoration and decoration, where the consumer finds defects within six months from the date of receiving the goods or services, the operator shall bear the burden of proof for the defects.

Highlight four: compensation for mental damage

Most of the consumer spending is mainly for small consumption. Even if there is consumer fraud, most consumers are too costly because they feel that the expectant rights protection benefits are too small, so they will stop in the trade-off between cost and income. In this way, it is more conducive to the arrogance of illegal businessmen.

According to the provisions of the new consumer law, the punitive damages for fraud consumers should be raised from "one back to one loss" to "retreat one compensate three". Moreover, for the first time, the mental damage compensation was added in the new elimination method.

　　 Highlight five: Consumer Association can raise public interest litigation

After the infringement of consumers' rights and interests, public interest litigation can be used as a supplementary way of relief. The consumer is weak, the litigation process is tortuous and difficult, and the outcome of winning the lawsuit loses many people. The new consumer law has also modified the identity and function of consumer associations. The Consumers Association of China and the consumer associations established in provinces, autonomous regions, and municipalities directly under the central government can raise public interest litigation against acts of infringing on the legitimate rights and interests of many consumers.

　　 Highlight six: selling counterfeit products into credit files

Fake and inferior products or unqualified services are often encountered by consumers in transactions. When they are safeguarding their rights, they often encounter the small words "the final interpretation power belongs to the shop owners" to shirk their responsibilities, and consumers are silent.

The new "consumer law" expressly provides that "black shop" will make public the black list. This not only affects the reputation of these stores in the market, but also sets restrictions on some procedures in the future, just like personal credit records.

The new "consumer law" stipulates that operators shall not make unfair or unreasonable provisions to consumers in terms of format terms, notices, instructions, shop notices, etc., to exclude or restrict consumers' rights, reduce and reduce operator's responsibilities, and increase consumer responsibilities. The new consumer law clearly stipulates that the contents of the format, terms, notices, statements, shop notices, etc., which contain the contents listed in the preceding paragraph, are invalid.

Highlight seven: illegal advertising spokesmen are jointly and severally liable.

In recent years, celebrity endorsement products and false advertisements have been repeatedly exposed.

　　 New Elimination Act Regulation: a social organization or other organization or individual recommends goods or services to consumers in false advertisements or other false propaganda related to consumers' health products or services, causing consumers' damage, and shall bear joint and several liability with the operators who provide the goods or services.