Consumer Rights Protection Law Merchants deceive consumers

Legal subjectivity:

The main problems existing in the current protection of consumer rights and interests are: 1. Weak protection awareness and ability to safeguard rights. The regularity, breadth and depth of publicity on consumer rights protection laws and regulations are not enough. A small number of operators still have weak legal awareness, and phenomena that infringe on the legitimate rights and interests of consumers through fraud, unequal transactions, etc. still exist. Some consumers, especially rural consumers, still lack awareness of self-rights protection and do not distinguish whether their legitimate rights and interests have been infringed upon or have weak ability to distinguish. Sometimes they know that their rights and interests have been infringed but do not know who to complain to or how to complain. Some consumers have weak awareness of protection and poor ability to provide evidence. 2. Departmental linkage and coordination are not good enough. Relevant functional departments have insufficient overall linkage and coordination in consumer rights protection and market supervision, and have not fully formed a synergy. A small number of consumer council governing units did not fully perform their duties. They knew clearly that they were members of the consumer council and had the responsibility to accept consumer complaints. However, due to different management systems and division of responsibilities, they had an incomplete understanding of safeguarding consumer rights and interests. Unification, work is not fully coordinated, and sometimes there are problems of mutual pushback and mutual disconnection. 3. Infringement occurs from time to time. Mainly reflected in the phenomenon of infringement of consumers' legitimate rights and interests in certain fields and industries still occurs from time to time. For example, some shopping malls, supermarkets, and stores have repeatedly banned counterfeit and shoddy goods; some shopping malls, hotels, and guesthouses still post signs such as "No returns after unpacking the product," "This hotel prohibits bringing your own drinks," and "Private rooms are subject to minimum consumption." Notices on consumer rights; some businesses use celebrity effects and false advertising to mislead consumers; the communications industry often receives spam text messages or mysterious phone calls to steal phone bills, etc., and consumers have great opinions; the taxi industry rips off customers, Dumping customers, refusing to carry passengers, forcing combinations, and prohibiting and not stopping. Regarding consumer rights protection issues, please refer to it! Legal objectivity:

The Consumer Rights Protection Law, which has been in effect for nearly 20 years, has recently undergone major revisions for the first time. The National People's Congress announced the "Amendment to the Consumer Rights Protection Law (Draft)" and publicly solicited collective opinions from the public. Although the revision of the new consumer law is still in the stage of soliciting opinions, its provisions to increase online consumer rights protection have attracted public attention. Online transactions are different from traditional transactions. While bringing great economic benefits to society, they also make it more difficult for consumers to safeguard their rights. Therefore, we must focus on researching and solving how to safeguard consumers' rights in online consumption and increase the number of ways to safeguard their rights during online consumption. Terms to better safeguard consumers’ rights to safety, right to know, right to fair trade, and right to claim. 1. The current status of online consumption According to data from CNNIC (China Internet Network Information Center), the number of Chinese Internet users has exceeded 495 million as of December 2012, with an average of nearly 100 new Internet users every minute, making it the second largest Internet user in China. In the United States, the world's largest Internet country, 25.5% of Chinese netizens have purchased goods online. While online shopping is convenient and fast, the hidden dangers of online consumption security also arise. (1) Internet fraud emerges in an endless stream. Some current online shopping websites, such as Taobao, Tmall, Paipai and other merchants, use false click rates to defraud consumers. Consumers cannot inspect the products in person or intuitively feel the performance of the products. According to surveys, most consumers shop online When buying a product, you first look at the click-through rate and reviews of the product and choose the one with the higher price. In order to gain the trust of consumers, some merchants recruit relatives and friends to make false purchases and reviews, thereby defrauding consumers. There are also some operators who, for the purpose of illegal possession, defraud consumers by fabricating fictitious enterprises without industrial and commercial registration, fabricating false corporate credit information and operating conditions, as well as award-winning materials, and claiming to have false product and service information. (2) It is difficult to distinguish the authenticity of online goods. Unlike in reality, online shopping can not only be intuitively felt, but also try and try on. Therefore, there is a certain gap between the actual goods purchased by consumers online and the real goods. Not long ago, Mr. Chen saw an advertisement for a mobile phone on TV. The original price was 4,990 yuan, but the current price is only 499 yuan. It has the same functions as an Apple mobile phone, including Internet access, games, stock trading, etc., so he spent money to buy one online. As a result, within 7 days of buying it, the phone broke.

The website sponsor must disclose the subject information in a prominent position on the homepage of the website, and at the same time, actively monitor the online trading platform and website through online transaction registration and supervision files, consumer complaint and reporting records, annual inspection certificates, case investigation, and Internet browsing. Conduct a comprehensive survey and establish a complete basic database. 4. Establish a cooperative investigation system. Solve the inconvenience of rights protection caused by regional issues and issues involving small amounts, and reduce consumers' worries about cross-regional consumption. 5. Establish an advance compensation system. Implement an advanced compensation system, force trading platform providers to strictly review and approve the access subject system, and proactively monitor product quality and trading behavior effectively. Prevent and stop companies from evading after-sales responsibilities, delaying exchanges, refusing to accept returns, and other behaviors that harm consumer rights, and reduce online transaction risks. 6. Establish a credit evaluation and punishment system. The industrial and commercial departments focus on several important issues that consumers currently care about in online shopping, such as product review, transaction evidence collection, and payment security, and conduct regular or irregular integrity checks on online shopping. For operators who are dishonest and infringe on consumer rights, notify the organizer of the online trading platform for delisting, or notify the local competent authority for supervision and management. (2) Increase the intensity of online consumer rights protection and carry out in-depth online consumer rights protection activities. Vigorously carry out online 12315 themed activities, focusing on the safety issues and quality issues that online consumers are most concerned about, and carry out activities such as Electronic Industry Commerce Safety Month and E-Commerce Quality Month, and advocate the Contents such as honest consumption and safe consumption can improve consumers' awareness of self-protection, rights protection and online consumption. Organize major units to provide consulting services to the general public through the Internet, introduce to consumers in detail the knowledge of identifying counterfeit tobacco and alcohol, health care products, food, home appliances, etc., publicize consumer policies and rights protection laws and regulations, and ways to protect rights, and guide consumers to consume scientifically and rationally , Enhance the public’s awareness of rights protection. (3) Strengthen social supervision and mass supervision, and expand channels for online consumer rights protection. As an emerging economic industry in my country in recent years, e-commerce is in the exploratory stage both from the private sector and the government. Currently, "good reviews, medium reviews, and bad reviews" are the simplest online mass supervision for e-commerce operators. Some merchants use existing network technology loopholes to "drill" and other methods to improve their credibility and artificially create fraud. Therefore, in order to regulate the healthy development of the online shopping market, on the one hand, a team of social supervisors should be formed to carry out social supervision of infringements. Enrich ordinary people who are enthusiastic about public welfare undertakings of consumer rights protection, experts in law, computer technology, etc. and people with special skills into the consumer rights protection volunteer team, and establish private online shopping anti-counterfeiting groups. Operators who are dishonest and maliciously defraud consumers will be reported on major e-commerce platforms until they are included in the "blacklist" to prevent them from conducting online transactions. On the other hand, the news media should be used to boldly expose and publicly expose online counterfeit sales and online fraud, so that online scammers have no place to hide. The work of protecting online consumer rights must be placed under the supervision of the people and public opinion, and create a " Industrial and commercial supervision, industry self-discipline, public opinion supervision, mass participation, and social support” rights protection system. (Source: Zhuji Consumer Protection Committee Author: Wei Xiaofeng)