2024.0409

Number of words in this article:1575, reading time is about 3 minutes

introduction ：消费者权益保护事关广大人民群众的衣食住行和切身利益，今后，在消费者权益保护方面要体现与时俱进，也就是要解决新型消费蓬勃发展带来的一些新问题。

** Author| ** Yicai commentator

The "Regulations on the Implementation of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests"(hereinafter referred to as the "Regulations") will come into effect on July 1. On the 9th, the State Council Information Office held a regular briefing on the policies of the State Council to introduce the relevant situation, pointing out that with the vigorous development of new consumption in China, some new problems will inevitably arise, and at the same time, traditional consumption also has some long-standing and difficult problems that have not yet been found. Fundamental solution.

At present, consumption has become a very important engine in stimulating economic growth, and the state has frequently introduced incentive policies, but insufficient effective demand, including consumption, is still a prominent problem. The promulgation of the "Regulations" has strengthened legal protection for promoting the construction of a consumer environment.

The "Regulations" emphasize the principle of keeping pace with the times. An important aspect of keeping pace with the times is to provide better protection of consumers 'rights and interests in the face of emerging new consumer formats.

When the Consumer Rights Protection Law was revised for the second time in 2013, many new consumer formats had not yet reached scale or were only beginning to emerge. More than ten years later, these new types of consumptions have profoundly affected people's daily lives, accompanied by new problems that infringe on consumer rights such as swiping bills, copying big data, and automatic renewal.

The Central Economic Work Conference held at the end of last year emphasized the need to cultivate and expand new consumption and vigorously develop digital consumption, green consumption, and healthy consumption. New violations of consumer rights may also occur in these related areas. To this end, although it is impossible to predict the future, at least we must quickly judge and judge cases when they arise and unblock the channels for consumers to protect their rights in a timely manner. This is the first aspect to emphasize.

The second is to further consolidate the main responsibilities of operators.

Consumer rights protection is a complex systematic project involving many participating entities, but the most important one is the operators. The "Regulations" refine the various obligations of operators stipulated in the "Consumer Rights and Interests Protection Law".

Including clear requirements for live marketing platform operators. The Regulations stipulate that:Live marketing platform operators should establish and improve consumer rights protection systems and clarify consumer dispute resolution mechanisms. In the past five years, the size of the Live streaming eCommerce market has increased by 10.5 times, while the number of complaints and reports has increased by 47.1 times. This shows that the infringement phenomenon in the Live streaming eCommerce market cannot be underestimated.

Obligations mean responsibility, and what is directly related to responsibility is punishment. In recent years, penalties for operators have been greatly strengthened, and consumers 'awareness of rights protection has become deeper. Last year, market supervision departments across the country accepted a total of 35.343 million consumer complaints, reports and consultations, a year-on-year increase of 20.2%. Operators 'awe of penalties is equally important as respect for consumers' rights and interests.

It should also be pointed out that operators should pay more attention to details. For example, the issue of consumers 'right to peace is a long-standing problem. The "Regulations" focus on protecting consumers 'right to peace and tranquility, stipulating that "sales information" cannot be sent without authorization, nor can they make "sales calls" without authorization.

Last year, the People's Court of Huaiyin District, Jinan City, heard the first dispute over the right to tranquility after the implementation of the Civil Code in accordance with the law. Because Mr. Chen frequently received sales calls from a company and still received promotional information even after unsubscribing, he filed an infringement lawsuit against the company. The court held that the company's actions materially interfered with Mr. Chen's peace of life and should bear corresponding tort liability.

As the "Regulations" further clarify the protection of consumers 'right to tranquility, it is believed that such cases will continue to increase. The negative impact these "details" have on operators cannot be underestimated.

The third is to establish and improve a common governance system for consumer rights protection.

Protecting consumer rights and interests is the common responsibility of the whole society. It requires the simultaneous efforts of multiple links such as legislation, law enforcement, and justice, and requires coordinated governance by the government, the market, and society.

The key point here is justice. At the above-mentioned briefing, the relevant person in charge of the Supreme People's Court stated that the Supreme People's Court is negotiating with administrative agencies such as the State Administration for Market Regulation to establish and improve a long-term mechanism for communication and cooperation, and form a joint force of law through information exchange, judicial advice, litigation and mediation.

On specific issues, research is being carried out on issues such as online rewards, online live broadcast marketing, online bookings, and protection of consumer personal information. The next step will be to continuously increase protection of consumer rights and interests by timely publishing typical cases and formulating judicial policies. Judicial protection.

In short, the protection of consumer rights and interests is related to the food, clothing, housing, transportation and vital interests of the broad masses of the people. In the future, we must keep pace with the times in the protection of consumer rights and interests, that is, we must solve some new problems brought about by the vigorous development of new consumption; at the same time, the scope of protection of consumer rights and interests will be more detailed, more attention will be paid to details, and long-standing and difficult problems will be solved. Only in this way can we truly achieve the goals of assured consumption, promoting consumption, and improving consumption quality and consumption scale.

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