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The new "law of karma" further implementation: explicit recall obligations to eliminate the terms of

Release date:2014-08-11 14:40:14

Today, by the new version of "consumer protection law, the National People's Congress revised" (referred to as the "new law") formally implemented, this is the first comprehensive revision of 20 years of the implementation of the law of karma. Different new laws and regulations are in the implementation of the Convention on the 1 of every month, the new consumer protection law enforcement time specially selected during the thirty-second session of the international consumer protection day, intending to arouse whole society for the strong awareness of consumer protection and supervision. To this end, Beijing financial channel will be five highlights new "law of karma" carding and detailed implementation rules, so that consumers in the know the "law" at the same time, can also make use of legal weapons to protect their own rights and interests.
One point:
Online shopping seven days no reason to return
"Seven days" how to calculate?
New wave law regulations, operators sell goods by Internet, television, telephone, mail order, consumers have the right to return within seven days since the day of receipt of goods, and there is no need to explain the reason for. According to the product category, excluding the ordering, perishable, online download or consumer unpacking of audio and video products, computer software and other digital goods; and the delivery of newspapers, journals in four categories.
As early as in the "new law" promulgated the regulations before, many domestic dealers have "7 days no reason to return" service, such as Tmall, Jingdong, Suningyi purchase was put forward on the basis of "15 days no reason to return" service. The regulations, mainly for business "if quality problems not return" behavior, so that consumers have "online shopping regret right".
In addition to delimit the merchandise category, consumers are most concerned about is no reason return time, "seven days" how to calculate in the new consumer protection law was not clear. In this regard, China Consumers Association Secretary General Chang Yu in the guest interview of new network video out, according to the law now, seven day means from the beginning of the second day consumers receive purchase goods, as the first day of the seven day, the last day of seventh days, if you catch the national holidays and weekends will be postponed, the end of the first day of national legal holidays and weekends for the last seventh days.
Two things:
The first clear product recall obligations
Who will bear the associated costs?
As everyone knows, China's product recall system is not perfect, the market has been, Chinese often "ignore" many multinational companies to recall the products in question in the global scope, and the reason is often sold products not involved. However, sales in China product really innocent? To safeguard the rights and interests of consumers, who? In fact, this and our country's imperfect recall system is closely related to.
To this end, special provisions for new wave Law: managers find the provision of goods or services has defects, endanger personal and property safety, dangerous, it shall immediately report to the relevant administrative departments and inform the consumers, and adopt to stop selling, warning, recall, harmless treatment, destruction, to stop production or service measures etc.. Measures taken by the recall, the operator should bear the necessary costs of consumer spending for goods to be recalled.
It is not difficult to see, the new law of karma clear enterprise on the problems and hidden troubles in product recall obligations provisions, and operator burden of consumers were recalled and necessary expenditure costs due to product. Prior to this, in China only for automobile, food, children's toys and other related to the introduction of the recall management regulations, only administrative regulations, and does not rise to the height of the law. I hope after the implementation, enterprises can undertake processing obligations, risks of products at the same time, the relevant departments can also play the role of supervision, management.
Three things:
In case of dispute the merchant has the burden of proof
For which products?
The new law of karma twenty-third paragraph third: operators to provide vehicle, computer, TV set, refrigerator, air conditioner, washing machine and other durable goods or decoration decoration services, since consumers accept goods or services from the date of flaws were found within six months, the dispute, by the operator must bear the burden of proof about defects.
Notable is, the durable goods and decoration services are typical cases it is difficult to obtain evidence on the consumer complaints, the "wave law" carry out 20 years, this kind of product complaints a common problem is the consumer rights difficult, high cost of rights, difficult and high reflected in evidence.
For example, consumers purchase a car, can only say that the engine abnormal sound, but the car as a high-tech products, while consumer complaints, not to let consumers say the sound source is where, it is very difficult for consumers to take out the real reason. If consumers find the authority of the state agencies to identify, time is long, cost is high, some consumers really is the time consumption can not afford, the financial resources can not afford. So in real life, many consumers have abandoned the complaint.
Therefore, the new consumer protection law the provision will shift the burden of proof for operation, thereby reducing the burden on consumers, enhance the success rate of the adults. Coincidentally, the new consumer protection law to reduce the cost to reduce complaints, also proposed a new initiatives, is to infringe upon the lawful rights and interests of many consumer behavior, consumer associations and Chinese in the province, autonomous region, municipality directly under the central government set up by the Consumer Association, may bring a lawsuit to the people's court.
Four things:
To eliminate the terms of overlord
Food prices the lowest consumption can be banned?
Twenty-sixth the provisions of the second paragraph of new consumer protection law: the operator is not in terms of format, notice, statement, shop notices, etc, to make the exclusion or restriction of the rights of the consumer, reduce or waive liability of operator, aggravate

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