Third trial on the amendment of elimination law

Absrtact: October 21 Morning, the fifth meeting of the NPC Standing Committee held its first plenary meeting, the deputy chairman of the National People's Congress Legal Committee, Suzelin, made a report about the result of the draft amendment to the Law on the Protection of Consumer Rights (hereinafter referred to as Third review). When

On the morning of October 21, the fifth meeting of the NPC Standing Committee held its first plenary meeting, Suzelin, vice chairman of the National People's Congress Law Commission, made a report on the draft amendment to the Law on the Protection of Consumer Rights (hereinafter referred to as "three reviewers"). On the afternoon of the meeting, the representatives of the participating Committee considered three manuscripts.

including online shopping consumer rights and interests protection, including many hot issues have become the focus of the deliberations, Xiaoling said, "Online shopping is a new thing, how to shopping in the network situation, both to facilitate the shopping, but also to protect the rights and interests of consumers, three peer review in this respect made a better balance." ”

In the previous two manuscripts, has made it clear that: operators use the network and other means of selling goods, consumers have the right to return from the date of receipt of goods within 7th, and do not need to explain the reasons, but consumer-made goods, fresh perishable goods, consumer-opened audio-visual products, computer software, delivered newspapers, periodicals and other commodities.

At the last review, it was suggested that the establishment of an unjustified return system for the sale of goods on the Internet would be a good one, but should also prevent abuse of rights and further clarify the types of goods that do not apply for unjustified returns.

The Lu Wei, who participated in the subgroup review, considered that electronic commerce had developed very quickly in China in recent years and played an important role in promoting the development of SMEs and promoting entrepreneurship and employment.

"To cite an example, Alibaba's E-commerce trading platform, last year on its trading platform, the turnover has exceeded the trillion yuan, but its own actual operating income of only 30 billion, this can be seen, this e-commerce trading platform for the promotion of the development of SMEs and entrepreneurship, Employment and circulation played an active role. Lu Wei said.

Therefore, a number of representatives, including Lu Wei, said that the E-commerce platform is a new thing, there are many operating methods and physical stores are not exactly the same, in the third review should reflect the positive development of the legislative principle.

In this third review, the above-mentioned legislative principles, in the relevant provisions of E-commerce transactions are also reflected. The third review added that the list of digital goods downloaded online does not apply for no reason returns; at the same time, it is stipulated that the freight returned by the goods shall be borne by the consumers.

However, for some of the provisions in the third review, the representatives of some of the Members who participated in the subgroup deliberations also expressed different views.

For example, the third review of the 28th article stipulates that operators use the network, television, telephone, mail order and other means of selling goods, consumers can be returned within 7th without reason. But obviously network shopping because of its particularity of consumer behavior, and videophone sale is very different.

"Now consumers can often go to the map when buying on E-commerce platforms, and there are some things to evaluate, and it's not as if the phone or the TV shopping may be false." Simply putting the two classes together may be problematic. "Members who have participated in the Sub-committee have said.

The Lu Wei members also stressed that if according to the present stipulation, is actually the request which the network buys the goods to be higher than the entity shop request, because in the third Manuscript Review 24th article stipulates, "The operator provides the goods and the service does not meet the quality request, the consumer may according to the state stipulation, the party agreed to return, does not have Consumers can return the goods within 7th.

In addition, many members also from the characteristics of E-commerce practitioners to see the third review of some of the provisions of the amendment.

"E-commerce is now a lot of businesses are small enterprises, if the real implementation of seven days without reason to return, then some small enterprises will be difficult to bear, may not be able to open the business." In particular, we also want to prevent malicious returns, malicious returns on small businesses have a very large impact. Members who have participated in the Sub-Committee have expressed their concern.

Therefore, some members suggested that in the third review of the 28th article, add a paragraph, that is, "no state regulations or parties agreed, consumers can return within 7th", or in the section of the "Use of the network" removed, television, telephone shopping can continue to follow the current approach.

As for the protection of consumers ' rights and interests in e-commerce, there are many new changes in the three manuscripts.

For example, the third review of the 43rd article stipulates: "Network trading platform providers can not provide the seller or the real name of the service provider, address and effective contact, consumers can also to the network trading platform providers to seek compensation."

In this respect, Xiaoling said, "This formulation than the original general requirements of the platform provider to provide compensation is much better, and will promote the network platform transaction real-name expansion."