Although the new "elimination Law" after the implementation of effective, still exist fuzzy concept needs to be refined and clear

People's Daily, Fuzhou, March 12 (Shen Yupo) Last March 15, the National People's Congress revised the new edition of "Consumer Rights and Interests Protection Act" ("new") formally implemented, has aroused widespread concern in the community. The new "Elimination law" implementation over the past year, the provincial and commercial departments at all levels to accept consumer advisory complaints 557,000, up from 2013 growth of 9.02%.

What is the effect of the new law on consumer protection? 10th, Shuritza, deputy director of the Fujian provincial Trade and Industry Bureau, said in a visit to the "China Fujian" provincial People's government portal site online interview, 2014 All levels of the provincial and commercial departments to accept consumer advisory complaints 557,000, a 9.02% increase than in 2013. Among them, 467,000 of consumers were consulted and 77,000 complaints were received, and 12,000 cases were reported to the consumers to recover the economic loss of 146 million yuan. Among them, about 1364 complaints about online shopping, 831 more than 2013, an increase of 171.17%.

Fujian consumer Complaints Show 3 changes in online shopping complaints

According to Shuritza, Fujian Province in 2014, the Industry and Commerce Department to accept consumer advisory complaints report mainly presents three aspects of the characteristics and changes: first, consumer consultation continues to rise, the new "elimination Law" has become a hot spot for consumers. Consumers on the "three packs of" provisions, consumer personal information protection, network trading platform responsibility and obligations, the burden of proof inverted, format clauses and other aspects of the consultation corresponding increase, in which consumers most concerned about the main problem is the net purchase 7th no reason to return, fraud consumers three times times compensation and so on Second, consumer complaints mainly focus on the five types of focus areas. Household electronic appliances, clothing shoes and hats, transportation, decoration materials, related services and other five areas are still in the area of consumer disputes, is still a period of time in the industry and Commerce departments to strengthen supervision and enforcement, strengthen consumer protection work focus. From the nature of complaints, quality, after-sales service, contract these three major issues accounted for 78.16% of the total number of complaints, the third is about online shopping complaints increase significantly. 2014 A total of 1364 complaints of online shopping, more than 2013 831, an increase of 171.17%. As there is no such as Taobao, Cat, Beijing-east and other large-scale network trading Third-party platform, online shopping complaints total small.

The new area of net purchase and consumption has been strengthened by "elimination law"

Online shopping as the fastest growing trading mode, the new "elimination Law" for the first time in the network transactions and other new areas of consumer strengthening the legal protection. Since the implementation of the new "elimination Law", the Industry and Commerce Department accepted the consumer complaints, the network shopping complaints reflect the main focus on mobile phones and other digital products, household appliances and food. Consumers reflect the main problem is "7th no reason to return" shrinkage, businesses put false advertising, buy goods are three no products, the business has been delayed shipments and many contacts, fake shipments, the launch of the second kill and other activities but not according to the promise of shipments, not in accordance with the agreed to return coupons, and some consumers suspect that personal information by the Electronic Business platform leakage.

Network shopping broke the boundaries of the region, but also make consumer disputes with the characteristics of cross-regional, often appear consumers in a place, dealers in B, and the electric business platform in the case of the situation, to the consumer dispute management brought new challenges. Shuritza said that in order to facilitate consumer complaints, the "Industry and Commerce administrative department to deal with consumer complaints," the network shopping caused by the jurisdiction of consumer disputes, consumers due to the network transaction consumer rights and interests of disputes, can be to the operator of the Industrial and Commercial Administration department complained, You may also lodge a complaint with the Industrial and Commercial Administration Department of the third party trading platform.

The new "elimination law" still exists fuzzy concept needs to be refined and clear

Shuritza also said that the new "elimination law" a lot of bright spots, these bright spots are also consumer rights in the difficult, hot issues, business sector in the implementation process found that some provisions are difficult to fall, need to further refine clearly. For example, "durable goods" the scope of delineation is not clear, in the inversion of the right to exercise a greater divergence of power. The new law 23rd stipulates that there is no clear definition of "durable goods" and the scope of application is defined, causes the operator only to accept the automobile, the computer, the television, the refrigerator, the air-conditioner, the washing machine 6 kinds of goods to appear the flaw burden of proof, the rest goods or the service belongs to may refer to the scope and so on or outside lacks further details, Often rejected by the merchant. At the same time, the degree of inversion of evidence to grasp the lack of further explanation of the detailed, not to fulfill the burden of proof inverted obligation to bear what legal responsibility is not clearly stipulated, law enforcement lack of relevant basis, resulting in a consumer empty "sword" but powerless, law enforcement supervision Liang Jian without confidence.

Shuritza said that there are still many loopholes in the network shopping, and the credit evaluation system has not been perfected to restrain the operators effectively. In addition to the four categories under the new "Law of elimination" which do not apply to the "right to regret" products, the major electric dealers also additional provisions such as "service nature of Goods", "precious metals" and other types of not applicable, online shopping "7th no reason to return" right is often shrunk, there are some electric dealers arbitrarily to the legal provisions of the extended interpretation, arbitrary very large. Because of our country's low compliance with contract and credit, the Social credit system is not yet formed, and it is difficult to restrain the system, which is easy to be restricted by consumers in the process of performance, and is not conducive to the healthy and orderly development of E-commerce network trading market.