The "Elimination Law" is upgraded to provide more powerful protection
——Focus on the w88 casino games login amendment to the "Consumer Rights Protection Law" in the second review
(Source: "Guangming Daily"2013Year8month27Day10 Edition reporters: Yin Hong, Wang Yiyin)
8month268926_897420Many provisions have been revised again to further strengthen the protection of consumers.
“The second review w88 casino games login is more complete, more mature, and more in line with modern business models than the first review w88 casino games login. However, it should also be noted that legal progress must be implemented and ultimately rely on strong law enforcement and relief.”Huang Yong, a professor at the Law w88 casino of the w88 casino said.
Establish a blacklist system to strengthen operators’ obligations
In view of the increasingly bad current situation of dishonest operations, the second w88 casino games login of the w88 casino games login specifically adds provisions that operators providing goods or services to consumers must abide by social ethics, operate with integrity, and protect the legitimate rights and interests of consumers.
So, how to punish dishonest behavior? The w88 casino games login specifically adds a blacklist system for this purpose, stipulating that if operators "adult or adulterate goods, pass off fake goods as genuine, pass off substandard goods as good goods, or pass off substandard goods as qualified goods", "produce goods that have been eliminated by the state or sell invalid or spoiled goods", "make false or misleading publicity about goods or services", etc., in addition to being punished in accordance with laws and regulations, the relevant departments should record them in their credit files and announce them to the public.
"This system has positive significance. It actually adds a social credit punishment mechanism and is an important measure to promote market maturity. As the market matures and consumption habits change, more and more businesses begin to value their goodwill and realize that goodwill also has value." Huang Yong said.
In order to ensure the safety of consumers in public business places, the w88 casino games login clearly adds that the operators of "hotels", "shopping malls" and "stations" in the first review w88 casino games login of "airports" and "movie theaters" should fulfill their safety protection obligations to consumers. It also stipulates that operators who fail to fulfill their safety obligations to consumers and cause damage to consumers shall bear tort liability.
Added exceptions for returns of online purchases without reason
The first review w88 casino games login of the w88 casino games login stipulates that "Operators sell goods through the Internet, television, telephone, mail order, etc., and consumers have the right to start from the date of receipt of the goods7Return within one day” is widely welcomed by consumers, especially those who shop online. However, the w88 casino games login also stipulates that "except for goods that are not suitable for return due to the nature of the goods", which is not specifically defined, causing many consumers to worry that this provision can easily become an excuse for operators to refuse returns.
In this regard, the second w88 casino games login w88 casino games login absorbed the legislative experience of other countries and made specific provisions on goods that are not suitable for return. The w88 casino games login stipulates that consumers do not need to give reasons for returns, except for the following commodities: customized products by consumers; fresh and perishable products; audio-visual products and computer software opened by consumers; newspapers and periodicals delivered; and other products that are not suitable for return due to the nature of the goods.
However, the w88 casino games login also adds obligations to consumers, stipulating that “consumers should start from the date of requesting a return to the operator7Return the goods within days”, and the operator receives the returned goods7What will be refunded within the day is the price of the product, excluding express delivery and other transportation costs.
The reporter checked e-commerce websites with a large number of users, such as JD.com and Suning.com, and found that they have more detailed regulations on goods that are not suitable for return. For example, JD.com’s after-sales service policy stipulates that returns will not be accepted for food, health products, personal care products, personal care products, cosmetics, virtual goods, and software products. This is obviously a wider range of goods than the w88 casino games login stipulates.
Increase the punishment, leave one false or compensate three
The second w88 casino games login of the w88 casino games login further increases the penalties for fraudulent activities such as manufacturing and selling counterfeit goods in the chapter on legal liability, setting "the amount of increased compensation to be twice the price of the consumer's purchase of goods or service fees; the amount of increased compensation is insufficient500Ten thousand yuan, for500The "twice" in "yuan" is changed to "three times".
In addition, the w88 casino games login also increases the amount of civil compensation from "the victim has the right to demand civil compensation of less than twice the loss suffered" to "the victim has the right to demand civil compensation of less than three times the loss suffered" to further protect the legitimate rights and interests of consumers.
Huang Yong believes that increasing the intensity of punitive damages is an improvement over the first review w88 casino games login and has a greater deterrent effect. "For things worth ten thousand yuan, businesses will still be afraid of punitive damages worth thirty thousand yuan."
“It is difficult to operate without a cap. There still needs to be a reasonable range and cannot be generalized. If there is no cap, it will leave relatively large discretionary power to the judiciary and create room for rent-seeking. Considering the current business environment and judicial environment, triple punishment is enough. "Huang Yong thinks.
Celebrity endorsements and false advertising should bear joint liability
“Advertising is a lie!” This was the straightforward answer of a celebrity who endorsed advertising not long ago. For a long time, consumers have hated false advertising, especially false advertising endorsed by stars and celebrities. Due to its appeal effect, a large number of consumers have been deceived. Celebrity endorsement ads are very common these days. Endorsement fees can easily reach tens of millions, but the chance of being jointly and severally liable after false advertising occurs is very small.
In order to increase the intensity of combating false advertising, the w88 casino games login, based on the preliminary review w88 casino games login, stipulates that social groups or other organizations or individuals recommend goods or services to consumers in false advertisements for goods or services related to consumers' life and health, causing harm to consumers, and shall bear joint and several liability with the operators who provide the goods or services.
However, Huang Yong pointed out that it is inappropriate to use a “one size fits all” approach to stipulate that everyone must bear joint liability. "It should still be distinguished. If a celebrity or star endorses a product knowing that it is defective or has quality problems, this is subjective malice and can require liability."
In addition, the w88 casino games login also strengthens the protection of the legitimate rights and interests of consumers by online platform providers such as e-commerce, stipulating that: if an online trading platform provider knows that a seller or service provider is using its platform to infringe the legitimate rights and interests of consumers and fails to take necessary measures, it shall bear joint and several liability with the seller or service provider.
Attachment: Original report link
http://epaper.gmw.cn/gmrb/html/2013-08/27/nw.D110000gmrb_20130827_2-10.htm
Reprinted by Qiushi Theory Network:
http://www.qstheory.cn/llzx/201308/t20130827_264647.htm
Reprinted by China Net:
http://news.china.com.cn/live/2013-08/27/content_21950477_4.htm
Reprinted by Xinhuanet:
http://news.xinhuanet.com/yzyd/legal/20130827/c_125252748_3.htm
Reprinted by National People’s Congress website:
http://www.npc.gov.cn/npc/xinwen/lfgz/2013-08/27/content_1804195.htm
Reprinted by ifeng.com:
http://news.ifeng.com/gundong/detail_2013_08/27/29045125_0.shtml
