Public DSG gearbox problem is still unresolved double standards

VW gearbox event highlights legal weakness although promised to upgrade services, but car owners reflect the DSG gearbox problem has not been completely resolved. Why is it so hard for Volkswagen to take the step of a recall of a problem car?　　Among them is the internal cause of the enterprise's own benefit weighing, also has the law not to sound the external cause rule of law weekend reporter Guo Sufan the mass automobile rights group also awaits the AQSIQ investigation result.　　Recently, the AQSIQ because users generally reflect the existence of the vehicle jitter, abnormal sound, car and power interruption, such as failure phenomenon, began to the public DSG transmission failure to solicit information to the community.　　And the general public on the rule of law weekend reporters stressed that there is no new response, or the previous announcement to prevail.　　Previously, Volkswagen said that because the issue does not involve vehicle safety, not to take a recall, and to adopt a software upgrade around the world to solve the problem of DSG transmission gear shift irregularity. However, in the course of driving a sudden interruption of power, the car can only hang in the air position and can not drive the situation also occurred.　　Mr Wu, the Shanghai owner, told the ruling weekend reporters that he had encountered this so-called "death flicker" after a mass-provided software upgrade. In other words, what the public says about using software upgrades to solve DSG problems is simply not workable. "I now ask the public to give me a convincing question report, a real solution to the problem," Mr. Wu said.　　Mr Wu still has a lingering fear of the power interruption that he has encountered.　　March 28, 2012, he opened on December 29, 2011, he bought the popular golf in the middle lane, sudden power interruption, no power on the accelerator, at the same time the stall shows a small wrench logo.　　Later, Mr. Wu slowly pulled over and stopped the engine and then started it, but all the gears were empty and the car was completely paralyzed. "I had to find a trailer to drag my car to the nearest 4S store, and the 4S store replaced a sliding valve and the car could be opened." But the 4S store manager made it clear that there was no guarantee that the situation would not be similar.　　"Mr. Wu said. "Think I fear, there is power interruption that day on the road car is not much, if more cars, very prone to rear-end accidents; if I drive on the freeway or overtake, the power outage is simply fatal.　　"Mr. Wu said. According to the reporter understand, there are similar encounters of the more than Mr. Wu alone. They have set up the mass DSG rights group, the regiment has more than 300 people's cars have DSG problems.　　We use "death flashing" to refer to the car block indicator lights flashing, power cut off the phenomenon. Jiang, a lawyer at Beijing's surplus law firm, said that according to a survey of 372 Volkswagen owners by Beijing's surplus law firm, reflect their vehicles exist 222-bit abnormal sound, gear shift, Duncuo 200, 137-bit, 2-stop jitter 276, death flashing 55, high-speed case, 27-bit power removal And the replacement of the slip valve box owner has 48, replaced theThe 49-bit of the device has replaced the gearbox by more than 77 bits.　　Difficult to calculate recall costs However, VW has its own insistence.　　Prior to that, Volkswagen China said that customers with 7-speed dual-clutch gearbox (DSG) Volkswagen can go to authorized dealers to carry out free software upgrades, software upgrade time in 30 minutes, involving 500,000 vehicles. "However, on March 12, I asked the public to upgrade the 4S shop, power outage failure occurred after the upgrade of March 28." This indicates that the DSG problem cannot be resolved by an upgrade.　　Mr. Wu said angrily.　　As of press, Volkswagen still believes the DSG problem can be solved by software upgrades, and there is no need for a recall. "From my point of view, I have not received any substantive response from the public. As a consumer I have the right to know about this high-risk failure, and I hope the public can give a convincing report on the problem. If there is a defect, it should be recalled, and if there is a solution to the problem, it should come up with a plan and compensate the consumers who have suffered losses.　　Mr Wu told the law weekend reporters. According to Jianue, a car expert, DSG transmission is a new technology that Volkswagen launched in 2002 and is ahead of rivals.　　It is the pride of the mass company, once let the Volkswagen company in the automobile industry fierce competition, all the way. "The DSG transmission involves almost all of Volkswagen's models, and if the transmission is replaced, the mass loss is too great."　　"Jianue said. Qingqingfung, CEO of China 3 15 law network, said that because of the problem of matching the power system, it is not a change of transmission.　　By then, VW will face a 1 billion-yuan recall cost in China.　　Jiang told the law weekend reporters that the public's prevarication is also involved in its internal interests. "This time the consumer reflects the automobile manufacturer including FAW Volkswagen, Shanghai Volkswagen, are Sino-German joint ventures." And as a DSG supplier of the manufacturers are foreign capital accounted for the main shares. Once the recall, the question involved is who pays, for FAW Volkswagen and SVW, certainly want to DSG suppliers to pay. The interests of these three may not be well balanced, so it is difficult to make an effective response.　　"Jiang said.　　There are flaws in the recall system. Another problem that defenders are dissatisfied with is that the public has adopted double standards on the matter. The 2009 North American market was similar to the current problem, the public quickly recalled about 13,500 vehicles, the same year in November, Volkswagen again due to the DSG gearbox fault, in Germany recalled 17,000 golf 6, cool, EOS, Jetta and Passat models.　　But in China, the public has never given a convincing answer.　　Aqsiq in the recent beginning of the public DSG transmission failure to solicit information from the community, its relevant officials also said that the collection of information is to further carry out the expert argumentation to provide support. In accordance with the provisions of the Quality Management Center for defective products of AQSIQ,The collection and the expert demonstration is "The defective automobile product instruction recalls the management procedure" the first step. "In accordance with the new regulations for the recall of defective automobile products (February 2012), a mandatory recall will be imposed on the general public, if it is clear that there is an unreasonable risk of DSG endangering personal health and personal and property safety," the report said.　　said the person in charge.　　However, the new "defective Auto product recall management regulations" is still in the process of soliciting opinions, has not been formally introduced. 2011, the State Council's legal Office on the "Defective Vehicle product recall management regulations" public consultation, plans to the existing car recall legal system from departmental regulations to upgrade to the State Council regulations.　　Previously, the use of "defective vehicle product recall Management regulations" (hereinafter referred to as "Regulations"). The stipulation is based on the product liability system, but different from the product tort liability, its related legal liability belongs to the administrative legal liability in nature, not the civil legal liability.　　In terms of administrative liability, product recall management system focuses on the elimination of risk, not damages, the Beijing Bar Association of product quality and Tort Compensation Professional Committee director Li Yu told the law weekend reporters. "This causes the automobile recalls to be the administrative responsibility, but in the flaw compensation civil rights aspect greatly discounts."　　"Jiang said. Moreover, "the regulations belong to the departmental regulations, not only the legal position is too low, the recall object is too narrow, the punishment mechanism is not perfect, the punishment is too light, the legal deterrent to the automobile manufacturer is limited, and in fact causes the consumer to defend the rights difficulty."　　Rollei, Deputy Secretary-General of China Automotive Circulation Society, said.　　The Reporter inspection regulations found that the provision does not provide compensation for defective automobile products manufacturers, and for the detection of defects in the car is not reported or not recall, the maximum fine amount is only 30,000 yuan.　　and compensation, according to Jiang, will be in the new "defective vehicle product recall management regulation", and now hope that this regulation can be introduced as soon as possible. "Defenders, in addition to the AQSIQ to reflect the problem, but also through litigation or arbitration to solve the automobile product disputes."　　"Li Yu pointed out that the law has made a preference for consumer regulations, product quality law and consumer rights protection law, including the subsequent issue of the" defective Car product Management regulations "can guide consumers to protect the rights of law.　　However, Li Yu pointed out that the settlement through litigation or arbitration "would involve two questions: first, whether the product has defects in the technical determination, still need to pass the court or arbitral institutions in the State designated by the accreditation body on the existence of defects in the inspection or identification, and second, litigation or arbitration to resolve the case, unless the group action. "But the group lawsuit does not exist in China. For consumers, the current situation is not the legal basis for the lack of, but civil rights is difficult. "Jiang said.