Zhongxiaoxie: Flow Clear 0 is a typical overlord clause

Last year, Changsha lawyer Liu Ming v. operator mobile phone traffic 0 overlord clause failed. CFP Graphics According to Xinhua news agency mobile phone traffic 0 for the days before the hot topic of concern to consumers. A consumer who has resorted to the law loses. In response to this hot spot, the vice President of China Consumer Association, Vice President and secretary general of China Consumer Rights Protection Law Research Institute, Professor Liu Junhai, director of the Chinese People's University of Business law, pointed out that the flow of clear 0 is a typical overlord clause. Traffic clear 0 breach of contract Justice Liu Junhai said that life is usually the consumer image known as the Overlord clause is the law refers to the unfair form clause. Traffic Clear 0 is said to be the Overlord clause, it is because this format clause is prepared by the operator, the consumer is forced to agree, not heard before the hearing of the violation of fair trade rights of the format of the provisions, but also unilateral signed by the enterprise, unilaterally excluded the consumer's terms, so this is an illegal contract. As long as you use my products, you must pay for the use of the end. Liu Junhai stressed that legal contract should include three elements: contract freedom, contract justice and contract adherence. Liu Junhai said that some enterprises or organizations unilaterally emphasize the freedom of contract, but ignore the contract justice. This is a distortion of the spirit of contract. The true contract spirit not only emphasizes the guarantee of the freedom of contract, but also pays more attention to the realization of the contract justice. A contract that satisfies only the form of freedom without substance and justice is like a gold-plated yoke. Especially in the imperfect market mechanism and imperfect market regulation, one-sided emphasis on contract freedom will only provide breeding soil and system hotbed for the prevalence of overlord clause. Flow clear 0 seemingly voluntary, fair, is actually the operator of their own unilaterally drafted format clauses, into the hands of consumers to consumers to sign, or posted in the operating place to allow consumers to passively accept, consumers do not have to formulate the terms of the contract and the right to negotiate with the operator of the freedom of reciprocity. This kind of format clause plainly is the operator ego to empower, harm consumer's benefit means. Government departments should dare to enforce the law according to the reporter understand that the implementation of the "Consumer Protection Law" in 1993, the 24th on the clear provision: operators may not be in the form of contracts, notices, statements, shop signs and other means to consumers unfair, unreasonable provisions, or reduce, The civil liability to be exempted from damaging the legitimate rights and interests of consumers. The contents of a form contract, notice, declaration, shop notice, etc. containing the contents of the preceding paragraph shall be invalid. The newly amended Consumer Protection Act, which was introduced a few days ago, is more stringent on the provisions of the form: the operator shall not make such unfair and unreasonable provisions as to exclude or restrict the consumer's rights, reduce or exempt the operator from liability, and increase the consumer's liability by means of the form terms, notices, statements, shop notices, etc. The contents of a form clause, notice, statement, shop notice, etc. containing the contents of the preceding paragraph are invalid. Liu Junhai called for companies to focus on providing better products and services, rather than using unfair forms to gain undue benefits. Enterprise Spirit should not only pursue profit maximization, but also pursue profit rationalization. And regulators don't just protect operatorsBenefits, but also for the interests of the community endorsement. For the flow of 01 types of market mechanism can not be rectified by the Overlord clause, not only the consumer's active rights, but also more and more government departments to dare to law enforcement, strict enforcement, can gradually remove the soil of the Overlord clause breeding. RELATED LINKS operators ' Overlord days are not long. By the practice of zero-flow mobile phone traffic, some netizens combed through several other typical acts of Overlord in the field of mobile communications over the years. One: After the expiration of the service item has expired without the consent of the machine, the continuation of service and deduction fee, or without permission to open a charging service project; second: The prepaid mobile phone number of the set period of validity, after the effective period, mobile phone lock, to recharge again to use, suspected of forced consumption; three: package balance, scheduled mobile phone package, The portion of the balance not fully consumed within the specified time. These acts of Overlord have been criticized by consumers for many years and persist. Consumer activism has long been expensive, and consumers sometimes have to kill a cow in order to recover a chicken. Because the operators monopolize all the information about the goods they produce, the bargaining power of the consumers cannot contend with the operators, and it is difficult to get rid of the weak status. The 47th article of the new law will introduce the public interest litigation system stipulated in article 55th of the National Standing Committee of August 31, 2012 to the consumer rights and interests protection, the consumer Association of China and the Consumers ' association established in provinces, autonomous regions and municipalities, Can bring a lawsuit to the people's Court. According to this system design, in the future large-scale consumption infringement cases, consumer organizations can be the plaintiff's identity directly to the people's Court to sue.