" consumer rights and interests protects a law " edit draft seeks opinion end, come from April 28 on May 31, collect 1408 opinions in all, the proposal edits clause 3240. Law of countrywide National People's Congress is versed in appoint land of chairman of seminar of law of protection of rights and interests of consumer of society of law of deputy floorwalker, China expresses, national People's Congress undertakes twice deliberative to draft even, "Disappear law " correction hopeful will be passed this year in October.
Consumer net is bought 7 days go back on his word authority; Problem of occurrence quality of computer, mobile phone by businessman quote... this year in April, the 2nd times as standing committee of National People's Congress of 12 whole nations the conference is discussed first " disappear law " amendment draft, collect an opinion publicly to the society, promulgate 20 years " disappear law " greet edit first.
Everybody is consumer, as have most " popularity " a law, "Disappear law " overhaul gets attention fully. Our newspaper special interview " disappear law " one of drafter, in those days prevail over all dissenting views will times doubler indemnity clause is written into " disappear law " land, right " disappear law " amendment undertakes unscrambling.
Progress
Draft collects an opinion to end new law hopeful to will be passed in October
On April 28, the 2nd times the conference discusses standing committee of National People's Congress first and announce " disappear law " amendment draft, collect an opinion publicly to the society, this is those who promulgate 20 years " disappear law " edit first.
Arrive from April 28 on May 31, " consumer rights and interests protects a law " edit ask for an opinion to stalk of grain to collect an opinion publicly in website of countrywide National People's Congress, to collect opinion end, share 1408 netizens to participate in an opinion to collect, clause of to table a proposal adds up to 3240, on website of National People's Congress of be far ahead other the legal code that drafts an opinion.
As " consumer rights and interests protects a law " chairman of land of seminar of law of protection of rights and interests of one of people that draft, consumer represents, "Disappear law " it is undoubtedly have most in consumer memory famous degree of one ministry law with popularity, although collect an opinion publicly to had ended, but still welcome social all circles to undertake to seminar the opinion feedbacks, seminar also can undertake summing up induce and be combinged to each opinion.
In the meantime, although the amendment that makes public to the public at present has passed first instance of National People's Congress, but undertake twice deliberative even rear can vote, at present the content affirmation of amendment still can have alter. "Amendment hopeful will be passed in October. " land says.
Unscramble
Network shopping consumer has regret of 7 Queen of heaven to counterpoise
Consume the current situation
The way that the distributors such as network, TV, phone is tasted or provides a service is more and more general.
With traditional spending means differs, the picture that consumer basically provides through operator, picture or the choice commodity such as the character, discern hard the authenticity of commodity, get easily the vancouver to harrison hot springsinfluence of undeserved conduct propaganda.
Be aimed at new consumptive pattern characteristic, according to sales compaign of our country network actual, draw lessons from abroad's good way, draft made the standard of the following respects.
Active disappear law
Draft regulation
Without relevant provision
The 28th operator uses the means distributors such as network, TV, phone, mail-order to taste, since the day that consumer has authority to get goods oneself money is returned inside 7 days, but should not be according to commodity property the except that returns money. Since the day that operator ought to get go back goods oneself the money paid for something purchased or received for something sold that returns consumer to pay is returned inside 7 days
Exthe best selling modern dining chairspert viewpoint
Go back on one's word authority wants specific issue concrete analysis
Land says, go back on one's word authority is not a kind of right that achieves newly, this right comes from a kind of in contract business management mode, the businessman puts forward dissatisfactory the purpose that returns money is to increase conduct propaganda strength, establish commercial figure. Go back on his word authority becomes castigatory of this disappear law one large window, because,basically be, him businessman is previously regulation " return money without reason " , nowadays, this regulation became legal.
Land expresses, counterpoise to going back on one's word, current opinion is to apply to special consumption domain only, such as net is bought, mail-order, TV, phone shops etc, consumer can be in after shopping the requirement that return money raises inside 7 days, a few commodity that do not suit to return money will be not applicable nevertheless this one clause. Cannot will go back on his word authority enlarges all respects.
For instance the buying and selling of food medicines and chemical reagents, even if is the network shops, also not should applicable go back on one's word the regulation of authority, especially medicines and chemical reagents, should strictly observe " one sell on commission gives caveat emptor " principle, can cause an effect to the safety of other customer otherwise. Buy books like the net again, if applicable go back on one's word authority, the consumer inside 7 days may have read the book, right now dissatisfactory change again this new, see a book can not spend money forever.
Land thinks, applicable go back on one's word the limits of authority should be probably: Divide the commodity beyond food medicines and chemical reagents, respect of average life daily expense is able to bear or endure mediumly things.
Quality has issue operator to bear quote responsibility
Consume the current situation
Product occnorton internet antivirusurrence problem, operator is used with consumer mostly undeserved for reject to assume responsibility.
If consumer sues dimension authority, because information is serious not quits, very difficult quote, bring about lose a lawsuit.
Active disappear law
Draft regulationbrass faucet
Without relevant provision
The durable goods such as the 23rd motor vehicle that the 2nd operator provides, microcomputer, television, freezer perhaps is decorated decorate wait for a service, the flaw appears inside 6 months since the day that accepts commodity to perhaps serve from consumer, those who produce issue, assume relevant quote responsibility by operator
Expert viewpoint
The car goes problem enterprise to want " from card innocence "
Land says, quote responsibility convert reflected the principle that tilts moderately to consumer. In civil suit, it is commonly " who advocates, whose quote " .
In addition highest courtyard set the condition of convert of responsibility of 8 kinds of quote, quote responsibility convert is written " disappear law " amendment (draft) , namely consumer buys the durable goods such as the car or adornment to decorate wait for a service, issue produces inside 6 months, quote is provided by operator after consumer is complained, come " from card innocence " .
Problem of product occurrence quality, quote responsibility is assumed by the businessman inside 6 months, reduced the burden of consumer.
"Because have information asymmetry, consumer is in the quote when thought fors the time being often very difficult, the businessman cannot prove the quality of the goods that he offers or service, be about to admit punish. " land says.
Disappear of damage of consumer rights and interests assist can mention commonweal lawsuit
Consume the current situation
Put in the serious unbalance between profit of consumer dimension power and dimension authority cost currently, incident of a lot of groups, also get by consumer individual to lodge a complaint, it is very difficult that pragmatic thinking authority obtains evidence.
Active disappear law
Without relevant provision
Draft regulation
The 46th numerous to enroach on consumer joins the action of right beneficial, chinese consumer society and the consumer association that establish in province, municipality, municipality directly under the Central Government, can to people court to lodge a complaint
Expert viewpoint
Carry commonweal lawsuit to should be not set be restricted
Land thinks, did not have provincial pass the time in a leisurely way only surely assist ability to lodge a complaint, "Disappear law " in increase this provision, no more than is if want to mix,as a result of consumer individual a certain enterprise engages in a lawsuit, meeting faces a lot of difficulty, lack energy, financial capacity, professional knowledge for instance, it is difficult also to obtain evidence.
If by disappear assist the organization appears personally to be sued for you, disappear assist the organization can organize professional to participate in, have professional knowledge, obtain evidence to also have an advantage, enhanced the ability of rich play chess of consumer, because of the problem that a lot of consumer encounter, it is a bourg or the problem of a countryside, gift litigant rithe most popular selling norton internet antivirusght prefectural class disappear assist, the meeting that the problem solves is directer. As to litigant outcome, since had given court, that has judge completely by the court.
Individual information brings into protection
Consume the current situation
Mail of rubbish short message, rubbish, pilfer brushs credit card phenomenothe best spring pooln to emerge in endlessly, very closely associated with each other of advertisement of the milk powder after advertisement, unripe child is being decorated after buying a house...
Active disappear law
Wait for the regulation that individual information protects without privacy right
Draft regulation
The 2nd operator and the 29th its staff member are right collection consumer individual information must keep secret strictly, must not divulge, distort, damage, must not sell or offer illegally to other. Operator ought to take technical measure and other and necessary step, ensure information is safe, prevent consumer individual information to divulge, damage, missing.
In happen or may produce information to divulge, when damage, missing circumstance, ought to instantly take remedial action.
Expert viewpoint
Introduce castigatory sex to compensate for strategy
The maintenance in safety of citizen network news respect, land suggests to introduce castigatory sex to compensate for strategy, resemble using pair of times compensation to admifree watch casenister in those days fake commodity —— arouses consumer, eliminate illegal short message and the —— of commercial short message without the license " who to see return dare reappearance! Eliminate illegal short message and the —— of commercial short message without the license " who to see return dare reappearance!!
"Disappear law " memorabilia
1991
Include legislative plan
1993
Committee of job of legal system of countrywide National People's Congress prepares to draft disappear law
"Disappear law " promulgate
In October, " rights and interests of consumer watch case manufacturerof People's Republic of China protects a law " National People's Congress of classics whole nation votes full is passed, this also is the law that our country establishs the first full to pass.
"Disappear law " establish the authority of know the inside story of consumer, equality trades 9 rights such as authority, among them times doubler compensation becomes the law with consumer dimension most strong advantageous position " according to "
"Disappear law " begin to apply
1994
Start edit the job
2009
The country is industrial and commercial total bureau takes the lead start " disappear law " edit the job
Be opposite to cooperate charrison hot spring weather forecastountrywide National People's Congress " disappear law " modification job, disappear law seminar is aimed at " disappear law " the heat in revising and forwardnorth face shirts position problem, organized expert delibrate 4 times early or late.
4 seminars by include top people many when wait for many orgnaization via trade university external university of university of people of institute of forensic application law, China, Chinese politics and law, famous learned man and expert are participated in discuss.
On November 9, 2009
" disappear law " the legislative tenet, definition that adjusts limits, consumer and operator undertake delibrate on January 20, 2010
" disappear law " consumer right and operator obligation undertake discussing
On April 26, 2010
On June 28, 2010
With respect to the legal responsibility of rights and interests of enroach on consumer, penalty the mechanism undertakes delibrate
2010
Edit draft sends go over a manuscript or draft the newspaper sends the State Council
2012
National People's Congress edits on behalf of draft resolution
March, national People's Congress of 11 whole nations 5 session, 121 delegates put forward 4 second reading, the proposal edits " consumer rights and interests protects a law "
2012
Include legislative plan
November, "Disappear law " edit include standing committee of National People's Congress of 11 whole nations legislative program
2013
Amendment is discussed first
April, "Disappear law " amendment draft refers standing committee of countrywide National People's Congress to discuss first, collect an opinion publicly to the socispring poolety
Amendment is discussed first
On May 31, collect an opinion to end
After this, national People's Congress undertakes twice deliberative to draft even, amendment hopeful will be passed this year in October
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