Some provisions of the new extinction law cannot be implemented in the practice of safeguarding rights because of lack of rules

Absrtact: The personal information protection clause cannot be realized because of the difficulty of personal obtaining evidence; the inversion mechanism for the proof of large commodities is also a device because of the lack of third-party accreditation institutions, the Internet shopping regret right to realize it is not easy March 15 this year, the new revised method of elimination by many

The personal Information protection clause cannot be realized because of the difficulty of obtaining evidence personally; the inversion mechanism of large commodities ' proof is not easy to realize because of the lack of the third party appraisal institution. March 15 this year, the new amendments to the elimination of the law by many consumers have high hopes, but nearly six months after the implementation of the Ministry of the implementation of the implementation is embarrassing, some provisions due to the lack of rules in the practice of human rights can not be implemented.

Embarrassment One: Personal information protection clause failed

The new law 29th expressly stipulates: "The operator collects, uses the consumer personal information, should follow the legal, the proper, the necessary principle, expressly collects, uses the information the purpose, the method and the scope, and the consumer agrees." ”

Case: In July this year, Mr. Jia booked a wedding banquet at a hotel in Nanjing, but not a few days later, various wedding companies, drinks sweet distribution companies and even travel agencies "followed", have called Mr. Jia to sell goods or services, and sometimes more than 10 such calls a day. Mr. Jia thought about the marriage and only left his contact number on the hotel agreement at the wedding reception, and he thought the problem was mostly in the hotel.

So Mr. Jia found the hotel and asked why he had to disclose his personal information. For his questioning, the hotel owner denied, instead that Mr. Jia was nothing.

Thinking of the new "elimination Law" in the protection of consumer personal information is not violated provisions, Mr. Jia then found Nanjing Consumer Association for assistance.

Rights-Defending process: Nanjing Consumer Association staff immediately after receiving complaints, launched an investigation. According to the "law" who advocates who claim the provisions of the proof, Mr. Jia to get his rights must find evidence of their own. However, because the hotel refused to admit, and Mr. Jia lacks the necessary technical means, so his own evidence can only be inferred, so the final defenders blocked, the association can only be coordinated from.

Human rights results fail

Nanjing Consumer Association Secretary-General Xu Ming: The new "elimination Law" for the first time the consumer personal information protection in the law, hoping to protect consumer personal information security. However, in the actual consumer rights case, complaints of personal information has increased a lot of cases, these consumers are generally able to complain at the first time.

However, because consumer personal forensics is very difficult, there is no technical means of support, resulting in the lack of technical support for the final evidence, most of them stay in the "I think" angle, so the lack of evidence of the results of the complaint is nothing.

Xu Ming Blunt, the protection of personal information provisions into the elimination of law, its practical significance can only be said that the progress of the judiciary, but how can really play the effect of protection, still need relevant departments to study well, come up with practical implementation, otherwise protect personal information can only look very beautiful.

Two: The burden of proof inverted, there is no place to detect what to do

The 23rd article of the new Law stipulates that: the service provided by the operator for the motor vehicle, computer, TV set, refrigerator, air-conditioner, washing machine and other durable goods or decoration and decoration, the consumer should find the defect within six months from the date of receiving the goods or service, and the operator shall bear the burden of proof of

Case: Nanjing citizen Mr. Zhao at the end of last year to get a new house, this February he commissioned a decoration company for the new house decoration, decoration money spent 160,000 yuan in total. But to his surprise, in June this year, he suddenly found that the top of the bathroom wall began to bulge, after a long time began to leak. So he found the decoration company requirements for repair, but the other side said it is not decorating the problem, but in civil construction when the construction unit's house quality problems. Helpless under, Mr. Zhao also found the construction unit, but the construction unit will be completed in front of the certificate to Mr. Zhao said that their house is qualified. So Mr. Zhao found Nanjing Consumer Association to seek assistance.

The process of safeguarding rights: After receiving complaints, Nanjing Consumer Association staff According to the burden of proof of large goods inverted requirements, the decoration of the company to assume the first to produce no fault evidence, however, when the decoration company found Nanjing Housing construction department, the other side said they are not good to issue decoration responsibility Appraisal report. So the decorating company is also in a difficult position, they do not know who to look for the self-proof innocence.

Human rights results fail

Xu Ming Comments: The original protection is in accordance with the general principles of civil law "who advocates, who is the proof", and the new "elimination law" provisions, decoration quality within 6 months of defects occurred in dispute, by the decoration company is responsible for the proof.

The starting point for the inversion of the burden of proof is good, but in the actual operation unfortunately found that the lack of third-party testing agencies so that many businesses to prove the practice can not be implemented. For example, when dealing with housing decoration complaints, but found that Nanjing has not been able to produce authoritative inspection report of the Organization, resulting in the final dispute is not able to convince the other side of the final appraisal report.

Not only the decoration aspect, in the automobile fault appraisal aspect, Nanjing also lacks the authoritative examination organization, often the automobile appearance quality problem, is the merchant own detection line in "speaks from the words", this both when the referee and when the athlete's practice is difficult to realize the burden of proof inverted pursuit of justice.

The prerequisite to realize the inversion of the burden of proof for large commodities is to set up a third party quality inspection organization, so that the local inspection has local authority report.