Yesterday, the draft amendment to the Consumer Protection Act was first submitted to the NPC Standing Committee for consideration, Li Yu, director of the National People's Congress on legal system, for the draft amendment on consumer protection law.
Beijing News is not the scene of shopping will be given the "right to regret", the impulse network after the purchase is not satisfied with 7 days to return. To buy cars, computers, refrigerators and other durable goods problems, it is proposed by the operator to prove "self-proof innocence." The amount of punitive damages for fraudulent consumption is proposed to be raised to 3 times times the original double.
Yesterday, the introduction of the Consumer Protection Act of nearly 20 years, the first major overhaul, the revised draft was first submitted for consideration at the second meeting of the 12 NPC Standing Committee.
October 31, 1993, the "Consumer Rights and Interests Protection Act" was adopted and implemented on January 1, 1994, this is the first time in the form of legislation to fully recognize the rights of consumers, as consumers of the right to protect weapons and legal "umbrella."
Yesterday, Li, director of the NPC Standing Committee on legal system, said in a timely manner on the draft amendment, with the continuous development of economy and society, China's consumption patterns, consumption structure and consumption concept has changed greatly, "in the field of consumer rights and interests has been a lot of new situations, new problems, it is necessary to amend the law in due course, Perfecting the legal system of consumer rights and interests protection. ”
Lee timely Introduction, the protection of consumer rights and interests is the "Consumer protection Law" core and foundation. The draft revised from three aspects, such as clarifying the protection of personal information, perfecting the provisions of "triple packs" and increasing the penalty for fraud.
This "elimination law" is looking forward to the First Amendment. It is reported that how to stipulate punitive liability, whether to allow consumers to go back, the scope of the elimination of law to expand, and so on, are the focus of the dispute repair law.
Major events of law practice
To enact a method of elimination
China to enact Consumer Rights Protection Act. The law first established the consumer's right to know, equal trading rights, legal claims, and so on, 1994 implementation. Medical disputes and housing disputes are not included in the scope of application.
The State Administration of industry and Commerce has taken the lead in initiating amendments to the Consumer Rights protection law.
Draft for approval
The revised draft is submitted to the State Council.
During the five sessions of the NPC, 121 representatives proposed 4 motions proposing amendments to the Consumer Protection law.
Included in the planning
The amendment of the Law of elimination is included in the legislative plan of the NPC Standing Committee.
The draft amendment to the law of elimination was first submitted to the NPC Standing Committee for consideration.
The purchase of remote Shopping Network to add "regret right"
"The draft stipulates that" operators use the network, television, telephone, mail-order and other means of selling goods, consumers have the right to return from the date of receipt of goods within 7th, but according to the nature of goods is not suitable for return. The operator shall return the price paid by the consumer within 7th from the date of receipt of the returned goods.
"Current elimination Law" has no relevant provisions.
"Expert interpretation" to participate in the amendment of the Law Institute of China Renmin University of China, Zhongxiaoxie Vice President Liu Junhai said, in recent years, online shopping and television shopping is very developed, in these new shopping areas complained stubbornly high, because it is difficult to distinguish the authenticity of goods, often have businesses to consumers, consumer impulse shopping contract. To give consumers a certain "right to regret" is a controversial issue in the law. The operator objected to many, especially the real estate business, automobile sellers fierce opposition, but experts and scholars generally agree to "right to regret" into the "elimination of law."
The draft has been added "right to regret" (also known as "Cooling-off period"), equivalent to no return. But the comprehensive right to regret is not appropriate, in order to prevent the abuse of some consumers, set up a 7-day period, and limit the "right to regret" in the online shopping, television, telephone, mail order and other off-site shopping in the field of consumer transactions. Commodities, real estate, fresh aquatic products, food and other goods not suitable for return, do not apply the "right to regret."
However, Liu Junhai still think that should expand the "right to regret" the scope of application, such as buying commercial housing, cars, etc., "buy a house for consumers too important."
Consumption fraud punitive damages proposed to increase to 3 times times
"The draft stipulates that" the operator to provide goods or services fraudulent activities, should be in accordance with the requirements of consumers to increase compensation for their losses, increase the amount of compensation for consumers to buy goods or the cost of receiving services twice times.
If the "Current law" operator provides goods or services for fraudulent acts, it shall increase the compensation for the losses suffered by the consumers, and increase the amount of compensation for the purchase price of the goods or the cost of the service.
"Expert interpretation," said Zhongxiaoxie, head of the lawyers ' group Chu Baochang, the current "Elimination Law" stipulates that the fraud must double compensation (that is, 1+1 compensation), that is, "false one Indemnity two", which at that time was a major breakthrough in law, but also derived from a Wang Hai as the representative of the Professional anti-counterfeiting group. But this provision is clearly not adapted to the development of society, some commodity value is very low, double compensation is not enough to deter violators.
This amendment to the punitive provisions of the proposed adjustment to "1+2" compensation, and the proposed establishment of a 500 yuan in the amount of compensation for the lower limit, consumer rights need to spend time and energy, more conducive to improving consumer activism, increase the illegal costs of businesses. However, some regret that the biggest impact on the enterprise "punitive damages on the ceiling" did not enter the revised draft, but the original compensation limit from double to 3 times times the ceiling.
Information Protection Consumer Privacy protection
"The draft stipulates that" Consumers in the purchase, use of goods and receive services ... Enjoy the right to name, portrait, privacy and other personal information to be protected. When the operator collects and uses consumer personal information, it shall express the purpose, manner and scope of collecting and using the information, with the consent of the collector. The operator and his/her staff must keep confidential the personal information collected by the consumers ... and ensure information security.
"Current elimination Law" stipulates that consumers enjoy 9 rights, but no privacy and other personal information protection provisions.
"Expert interpretation" Beijing Consumer Rights Protection Law Society President Lixin pointed out that these years consumer personal information protection is particularly typical, spam messages, spam is "stubborn", and more serious is the emergence of stolen brush credit cards and other direct causes of consumer property loss.
It is a bright spot for the bill to include consumer privacy protection and to increase the right to legal protection of personal information such as portrait, name and privacy of consumers.
Lixin said that the current "elimination Law" stipulates that consumers enjoy 9 rights, but with the development of market economy, especially the emergence of network economy, 9 rights are far from enough to protect consumers, the most prominent is the right to privacy, unauthorized disclosure of the phenomenon of personal information repeatedly appeared, seriously affecting the normal life of consumers.
The amendment also proposes to stipulate that the operator may not send commercial electronic information to consumers without consent, and the personal information problem that puzzles consumers is expected to be regulated.
Public interest litigation may be sued by consumers
"The draft stipulates" to infringe upon the lawful rights and interests of many consumers, the consumer Association of China and the Consumer association established in provinces, autonomous regions and municipalities directly under the municipality may bring a lawsuit to the people's Court.
"The current elimination law" does not give the consumer associations the function and right of public interest litigation.
"Expert interpretation" Liu Junhai, director of the Institute of Commercial Law of Renmin University of China, said that there is a serious imbalance between the cost of consumer rights protection and the rights of protection, many groups of events, but also by the consumer individual to bring a lawsuit, the actual rights to obtain evidence is difficult to zhongxiaoxie.
This increase introduces the public interest litigation system of consumer organizations, which is the extension and refinement of the 55th article of Civil Procedure Law in the field of consumer protection. The protection of consumers ' rights and interests should not only protect the disadvantaged groups, but also defend the public interests, enrich the duty of safeguarding the rights of the Association, so that the association has a certain right of speech. In the future, consumers will encounter similar "Sanlu milk powder", "Sudan red" large, serious problem of the group incident, not their own lawsuit, but to some of the facts and evidence of infringement to the consumer associations, by the association on behalf of the victims of not specific majority of consumers, for their lawsuits, to remove the consumer rights of their own struggle, This can completely solve the consumer "to recover a chicken, must kill a cow," the high cost of the long-standing problem of rights.