How to legally safeguard rights

It is easy to borrow money, difficult to ask for money, and extremely difficult to safeguard rights. Many investors feel that there is no light in the middle, and then secretly give up. In the end, I can only admit that I am unlucky and wait for treatment and judgment in the foreseeable future.

Persistence may not be successful, but it is impossible to succeed without persistence.

As you can imagine, the awareness of rights protection is low and the cost of rights protection is high. These are all complementary factors.

Since it is safeguarding rights, on the one hand, we must have the courage to stand up and defend rights, on the other hand, we must have the skills to express our demands in a humble and well-founded manner, and on the other hand, we must have a backer who can appeal for judicial public rights in case of infringement. In my own history of rights protection, almost 60% just need to have the courage to stand up and solve it, and the other 40% just need to express their demands reasonably.

The justice of judicial power seems unnecessary, but it is only for me. On the contrary, the most important thing for all citizens is judicial justice. Courage, skill and consciousness all come from judicial justice, and there is no other way.

My courage comes from my understanding of my rights, which is related to my growing experience and thinking and cannot be popularized. The courage of all citizens to defend their rights can come from a strong judicial backing. At present, the public security organs collude with the courts, the phenomenon of forced demolition of houses is widespread, and the transactions of power and money are endless. Judicial justice has almost become a joke. How can we make the general public have the courage to defend their rights?

It is an unchangeable objective law that anyone will never have any experience or do anything well the first time. If the injustice of the judiciary makes people have no courage to defend their rights, then even if they occasionally summon up the courage to stand up and fight for their rights, there is no skill at all. My negotiation skills have also been gradually improved through my constant rights protection experience-how to effectively convey my demands, how to express my feelings in a limited way, how to analyze problems from the other side's point of view, and how to use laws and regulations are not born. Moreover, with all due respect, the lack of skills is not only found in defenders, but also in infringers. My several rights protection experiences show that many infringers simply didn't expect to encounter rights protection, and the poor response was speechless. They often run towards a situation of mutual loss, and it is irreparable.

Consciousness, like skills, comes from constant training. Without constant rights protection, how to establish the awareness of rights protection? Moreover, without the support of the judiciary, even if there is awareness of rights protection, it will be continuously weakened. If you see too many cases where people who want judicial support are abandoned or even persecuted by public power, will you consciously stand up and defend your rights when you are violated? For example, will people still have the consciousness of helping the old lady cross the street now?

Many people despise that everything depends on the system. But the fact is: 80% of a person's problems are his own physical problems; 99% of the problems of more than one billion people are institutional problems.

In recent years, more and more consumer investors have defended their rights.

Safeguarding rights is unfamiliar to ordinary people and sensitive to enterprises, and most people have never understood it.

What is the rights and interests of consumer investors? It is the right given to the end users of goods to meet the objective needs of economic operation under certain social and economic relations.

1962 March 15, former us president John F. Kennedy delivered a special presidential speech on protecting consumers' interests in the us congress, in which the famous "four rights" of consumers were put forward for the first time, namely: the right to safety; Have the right to obtain correct information; Have the right to choose freely; Have the right to put forward consumer opinions. 3 15 indicates that these four rights put forward by Kennedy are gradually recognized by consumer organizations all over the world and regarded as the most basic work goals.

From 1983, every year on 3 15, consumer organizations all over the world will hold large-scale activities to publicize consumer rights.

So what is consumer investor rights protection? How much do you know?

Simply put, safeguarding rights means safeguarding the legitimate rights and interests of individuals or groups.

The scope of safeguarding rights is very wide, including civil and administrative disputes such as infringement of personal rights, land disputes, demolition disputes, illegal fund-raising, medical accidents, marriage and family, inheritance, protection of consumers' rights and interests, and all litigation, reconsideration and arbitration activities surrounding disputes.

The object of infringement can be a natural person, an enterprise legal person or a state organ.

The extensiveness and complexity of rights protection determine the diversity of rights protection means.

Safeguarding rights is a verb, which means safeguarding legitimate rights and interests. For example: improve consumer awareness.

Protect your legitimate rights and interests from being destroyed by others and groups.

From the perspective of social development, the enhancement of citizens' awareness of rights protection and the development of rights protection activities should be the performance of social progress and reflect the progress of China's legal system construction.

Maintain social stability and unity. Protect the rights and obligations of citizens stipulated in the Constitution!

When the legitimate rights and interests are infringed, according to the laws and policies of our country, through legal procedures, with the help of the judiciary or other forces, we can safeguard our legitimate rights and interests and remove the existing infringement in time.

How far-reaching is the practical significance of safeguarding rights? (mainly refers to the rights protection of consumer rights protection law)

. China is a country with a large population, 80% of whom are farmers and live in rural areas. Still follow the self-sufficient economic form, and their ideology is still divided into regions. Naturally, they call private affairs private affairs and regard official business as official business. The dispute between public and private is justified, and their awareness of safeguarding rights is very weak.

Secondly, our country was founded late, and it is a socialist planned economy system, which has been closed to the outside world for a long time. Coupled with decades of continuous political movements, people have become accustomed to being governed by others, few people complain about consumer infringement, and people who blame themselves are very serious. This is a matter of life and death, sometimes it will make time pass and die, and the concept of legal system is very weak.

In 1980s, China accelerated the pace of reform and opening-up, and a market economy system was gradually formed. China's economic development has attracted worldwide attention. However, the backwardness of laws and regulations has exposed the problem of irregular economic development, especially the lack of overall social credit, which has worsened the consumption environment. The phenomenon of severely punishing consumers' rights and interests is still endless, and the means are becoming more and more sophisticated, the forms are becoming more and more hidden, and the consumption situation is still quite grim. Safeguarding the legitimate rights and interests of consumers is related to the interests of everyone in the whole society, and the interests of the masses are no small matter. Safeguarding the legitimate rights and interests of consumers embodies "power is used by the people and benefits are sought by the people".

As a social organization established in accordance with the law to protect consumers' rights and interests, China Consumers Association put forward the theme of "Integrity and Rights Protection" on the occasion of the tenth anniversary of the implementation of Consumer Law, aiming at relying on the strength of the whole society, integrating consumer rights protection resources, conscientiously implementing the basic strategy of "ruling the country according to law" and "ruling the country by virtue", effectively solving the hot and difficult problems of consumer rights protection, and further doing a good job in the publicity and promotion of consumer law in the new period of reform and opening up.

way

One is to complain to the Consumer Protection Association (hereinafter referred to as "Consumers Association"), which is responsible for communication and mediation with relevant enterprises, and ultimately contributes to the resolution of the incident.

Many parties and netizens have repeatedly asked the author, what are the main means of safeguarding rights according to law? According to my many years' practice of safeguarding rights, I absorb the experience of others in safeguarding rights and make a summary.

Safeguarding rights is a comprehensive and complicated work, and the author divides the cases of safeguarding rights into simple and ordinary ones.

After listening to the introduction or reading the materials, make a correct judgment on the case, and first determine whether to adopt summary procedure or ordinary procedure. The means adopted are nothing more than public opinion means and legal means.

Simple means of safeguarding rights.

1, on the basis of full investigation and study, write a weighty article on public opinion supervision, which will be operated by the parties respectively or in the name of professionals;

2. Write report materials to report and accuse;

3. Operate these materials by legal means.

4. Take legal measures directly or in the second step as appropriate;

5. If the relevant authorities judge unfairly, they shall take further reports, complaints and public opinions.

Means adopted by ordinary rights protection.

The main contents include:

1, on the basis of investigation and study, write a weighty article on public opinion supervision;

2. Arrange two or three professionals to intervene according to the situation, and make an effective and comprehensive response in the name of professionals.

3. Write relevant report materials according to the development of the incident;

4. Public exposure of the Internet;

5. Apply for government information disclosure, and file administrative reconsideration, administrative litigation and civil litigation as appropriate;

6. Constantly follow up the results, and every step is followed up by public opinion reports;

7. Produce and publish relevant video materials;

8. Hold an expert argumentation meeting to conduct authoritative argumentation;

9. Hold a press conference and invite the media to participate;

10, representing in court;

1 1, and hire lawyers from relevant professions to intervene.

12, requesting relevant responsible authorities and media to send supervision reminder letters to the place where the case occurred. If the relevant authorities do not act, they will further urge the authorities.

Of course, not every case needs to go through the above thirteen means, and some may solve the problem with only two or three means, and simple cases can be solved with one means.

Moreover, each means and measures also have specific operational requirements and details, and the success rate will be high if they are done in strict accordance with the rules.

The author's principle is that the more effective the means used, the better, the less money spent, the greater the effect and the more positive the effect.

There are several cases of "losing without fighting" every year. After the author expounded his point of view, he quickly solved it. In some cases, people can't see the trial, the hearing and the articles published online.

Smart law enforcers who act in accordance with the law can listen to legitimate suggestions and harsh words, and can also recognize the situation. There will be more and more such officials in the future, and the cost of safeguarding rights will be lower and lower.

About safeguarding rights

With the increasing introduction of consumer law into people's lives, industrial and commercial enterprises are increasingly involved in consumer rights protection.

When it comes to safeguarding rights, the heads of some enterprises also believe that because people are used to positioning consumers as vulnerable groups, as long as there is something wrong with the products purchased by consumers, no matter whether the reasons for their complaints are established or not, they will be widely sympathized and protected by society. In the face of consumer complaints and censures, even if the business encounters injustice, it is speechless. Merchants submit to humiliation, to a certain extent, conniving at the insolence of some consumers. In fact, even if there are quality problems in the products of the merchants, they should solve the problems through legal channels. If the manufacturer can't solve it, you can complain to the relevant department. If the complaint cannot be solved, you can also resort to law. Therefore, we must have a sense of safeguarding rights and protect our legitimate rights and interests.