Consumer Rights protection law promises to give buyers the right to regret

Zhongxiaoxie, director of the Institute of Commercial Law, Renmin University of China Liu Junhai on the general direction and trend of the modification of the law of elimination the Consumer Rights Protection Act (hereinafter referred to as elimination Law), which has been implemented for 15 years, will usher in its first overhaul. Last October, amendments to the law were included in the 5-year legislative plan of the NPC Standing Committee.　　Yesterday, the Director of the Institute of Commercial Law of Renmin University of China, vice President of Chinese Consumer Association, and vice president of the Consumer Protection Law Association of China Law Society, Professor Liu Junhai, introduced the general direction and trend of the amendment of elimination law.　　Liu Junhai that the amendment should further broaden the scope of application of the law, including all kinds of material goods and spiritual goods, proposed the establishment of product recall system and "online transactions" and other three types of products to establish a consumer cooling-off period system; To protect the consumption of spiritual commodities "the elimination of the law should be aimed at further broadening the scope of consumer rights and interests to expand the law of the adjustment object." "Liu Junhai said. Consumers have been sued by buyers for the quality of the cars they bought, and the court eventually decided that cars were luxuries and not consumer goods. "The scope of consumer goods should be more wide."　　"Liu Junhai that the revised method of elimination should include the existence of consumption, development-oriented consumption, enjoy consumption, individual existence of luxury consumption, both the consumption of material goods, but also the consumption of spiritual goods." "I think legislators should be in the spirit of a moderate tilt to the vulnerable groups, including consumers, appropriate to expand the scope of the burden of proof, reduce the burden of burden of proof consumers, improve the burden of proof business."　　Liu Junhai said that if the consumer said product quality problems, and businesses insist that the product has no quality problems, then the court can ask the business to prove that the disputed goods do not have quality problems.　　Sichuan Province Consumer Council Complaints department director According said, in the practice of safeguarding rights, consumers can not prove the quality of the product of the operator, although in the civil law "who advocates, who is the proof" principle, but because the consumer relationship is very special civil relations, should be implemented "who strong, who evidence" or "who profited, who testify." Three types of commodity transactions apply the right to regret "to establish a cooling-off period system, that is, the right to regret the system." In principle, consumers can return unconditionally within a reasonable period of time, especially for direct TV products. We should also increase the consumer's right to tranquility system. Enhance the protection of public power.　　"Liu Junhai that the consumer's right to regret is not necessarily applicable to all consumer behavior, but the three types of commodity trading activities should be applicable to the right to regret the system: online transactions, the first payment after the signing of the contract consumption behavior, large volume of consumer behavior, such as the purchase of cars, houses and so on Sichuan Provincial Consumer council Secretary-General Liu Yabing also believes that, because consumers and businesses in the product-related information on the wrong, and more information only consumers buy and use to understand, so the establishment of a cooling-off period system to better protect the interests of consumers.　　However, if the authority is not properly proposed, it will cause transaction confusion, so it is necessary to legislate to regulate. "We hope that after the revision of the eliminationThe product Recall system is introduced in the law. The existing ' three packs ' system is only to solve point-to-point problems, and recall system is to solve the problem of point to face. So the recall system is more fundamental to the protection of consumers. Liu Junhai that the establishment of a cooling-off period system and product recall system is also to enhance the competitiveness of enterprises strategic measures.　　The enterprise has the existence space to the consumer trustworthiness, otherwise will be eliminated in the competition. To improve the illegal cost of advertising fraud Liu Junhai introduced, the revised elimination method should increase the illegal cost of advertising fraud. "Now the penalty for advertising fraud, mostly stay in the trade and Industry bureau fines, which is far from enough." In addition to the production enterprises and sales enterprises, but also to investigate the responsibility of advertising spokesmen. Especially for the prime time broadcast of children not suitable for advertising to increase punishment. "Liu Junhai that for the Overlord contract, we should use the civil law theory, through the format contract explanation, the validity affirmation to protect the consumer, also must hold high the contract justice the banner."　　Use the public power of government to establish the preventive examination system of the form contract, and put the good format contract into the entrance. News link New Elimination method will introduce the award-winning report system, Renmin University of China, director of Commercial Law Institute, Professor Liu Junhai, who participates in the research work on the elimination of the law, said that the new law will introduce the consumer award-winning system to the law, and also to establish a cooling-off period system, that is, the right to regret, in principle, so that consumers in a reasonable period can be returned unconditionally, Especially for the direct sale of TV products, will further expand the scope of the elimination of the application of the law.