The lawyer reported that the Railway Corporation said that it would increase the refund fee without authorization

August 26, 2013, China Railway Corporation posted a message on 12306 websites: Since September 1, the railway department to implement new train ticket refund and change the way, the railway department will implement ECHELON refund scheme. After the introduction of ECHELON refund scheme, the question of the Railway corporation is focused on two points: does the railway corporation have pricing power? Why not a hearing? For these problems, Beijing two high law firm lawyer Dong Zhengwei to the "China Enterprise newspaper" reporter said, without authorization to increase the train ticket refund fees, constitute the price of illegal and price monopoly, railway enterprises to collect refund ticket fees, but also for "double profits." A anti-monopoly report letter The Railway Corporation "Echelon refund" scheme, the public have questioned whether the railway corporation is engaged in "raise prices openly" income generation. According to the new plan, from the current fare 5% refund fee to 5%, 10%, 20% third-gear standard, 24 hours refund fee for the current 4 times times. The main focus of public questioning is the price of refunds within 24 hours, with 67% of supporters thinking the price of refunds within 24 hours is too high in a polling debate on a website. China Railway Corporation explained that the Echelon refund is based on the law of consumers to buy tickets, the purpose is to avoid a limited capacity waste. The railway refund has two characteristics, one is the refund volume with the increase in passenger flow, the more passenger peak refund the greater the number of passengers, the second is the most pressure in the last 24 hours, aggravated the difficulty of buying tickets. According to statistics, this year summer early daily refund volume is twice times the daily amount of refunds, an increase of 50.4% per cent during the spring Festival, the daily average refund amount is 3 times times, up 110% year-on-year. The adjustment of the refund fee is to guide passengers to be able to refund early, to ease the peak of the purchase ticket pressure. In fact, the 2011 refund fees have been reduced, at that time, the provisions: before driving, the refund fee from the original per ticket value of 20% to be lowered to 5%, a consumer pointed out, "just changed to 5% not how long again to return to 20%." This is not a hearing? " September 10, the "China Enterprise newspaper" reporter received Dong Zhengwei lawyer to the National Development and Reform Commission to submit a letter of complaint. For the railway company September 1 to increase the train ticket refund fees, the lawyer Dong Zhengwei pointed out, "The railway company without authorization to increase the train ticket refund fees, is intended to compete for train ticket pricing rights." This is a blatant abuse of the monopoly of market dominance, but also violates the railway law, price law, the price of illegal acts. "In order to supervise the railway public service enterprises to operate according to law, to eliminate the uncontrolled abuse of market dominance by the railway Corporation to damage consumers ' rights and interests, Dong Zhengwei advocates legal antitrust rights." He asked the NDRC for advice: to the Railway Corporation will be a fire ticket refund fees to 5%-20% to carry out price enforcement and anti-monopoly law enforcement, ordered the railway Corporation to stop refund fees increase behavior, and in accordance with the anti-monopoly law to be punished; Doubters have become defenders "this is a blatant abuse of market dominance of monopolistic behavior!" "In the face of the prominence of inequality, the more skeptical people take practicalAction, Dong Zhengwei to the NDRC's report is not the first case. November 8, 2004, defenders Jing Jinsong to refund when they were charged 2 yuan refund fee and no official invoices for the prosecution. Beijing Railway Transportation Intermediate Court final Judgment Jing Jinsong loses. February 15, 2006, the lawyer Lisuba Annealing ticket was charged 20% refund fee. Lisuba that the refund fee should be in accordance with the "Price law" provisions of the hearing, otherwise it is "to deprive consumers of the right to supervision of the illegal act", so filed a lawsuit. Beijing Railway Transportation Court said that the "Railway Law" stipulates refund fees by the railway authorities, Beijing Railway Administration to collect refund fee is not improper, it dismissed the appeal. March 20, 2008, Xu Jianguo holding train tickets to Beijing West railway station for refund, by the Beijing Railway Administration by the total fares charged 20% refund fees, Xu Jianguo that the provisions of refund fees in the train ticket is not to explain the opposite, deprived consumers of the right to know and the right to equal consultation. The case was eventually withdrawn. July 6, 2011, Shing 555 yuan to buy a ticket to Beijing-Shanghai high-speed tickets, refund fee of 111 yuan, for this reason, Shing entrusted to the Beijing Railway Administration to sue. ...... 2008, Dong Zhengwei to the NDRC, the former Ministry of Railways, the general administration of industry and Commerce proposed cancellation of refund fees, the NDRC's reply is: "Has proposed the original Railway train ticket to improve the refund fee policy." "In the original documents issued by Dong Zhengwei, the NDRC's specific recommendations are as follows: first, the train delay should not be charged refund fees, second, to determine the rate of refund fees; third, refund after the train and train station again sold should not be charged refund fees; four, railway transport enterprises can not complete the transport should compensate for the loss of passengers. NDRC said that "will be in accordance with the provisions" of the original National People's Congress law work inspector Heshan after understanding the story of the incident, to the "China Enterprise newspaper" reporter asked a sobering question: "Who has the right to pricing?" Did the railroad corporation set up in March this year have the power to change the pricing of the government? "The former Railway corporation has become a wholly state-owned company with absolute market dominance, and the government pricing of railway transport prices has not changed," the railways law and the price law have not changed the law on the pricing of railway freight rates. Dong Zhengwei in the letter of report that the price of railway tickets and freight charges are according to the government price. As an enterprise, the Railway Corporation has no right to establish the price of ticket refund fees, and its adjusting refund fees constitute illegal price and monopoly operation. Liu Junhai, director of the Institute of Commercial Law of Renmin University of China and vice President and secretary general of the Chinese Consumer Protection Law Association, said directly to the Chinese enterprise newspaper, "The pricing power should be owned by the Transportation Department." "The unreasonable pricing of the railway corporation" undermines the interests of consumers. September 12, Dong Zhengwei received a letter from the NDRC reply: "You reflect the railway corporation to adjust the train ticket refund fee of receipt." We will deal with the relevant regulations. "At present, it is not clear whether the NDRC price supervision and inspection Antitrust bureau, or the price Division specific treatment." UnderJudging from past experience, Dong Zhengwei estimates that the NDRC will have a more detailed survey reply in two months. Dong Zhengwei Lawyers in the "China Enterprise newspaper" reporter interview, so sigh: "The NDRC in the refund fees on the issue has made a statement, to prevent the railway company train ticket price increase behavior is worth looking forward to." ”