What are the ways for consumers to protect their rights?

As long as you need to buy something, then you have a chance to become a consumer. As consumers, they are often the weak side in the process of buying and selling, and their own interests have been damaged. So how to protect consumer rights at this time?

How to protect consumers' rights and interests, and what methods are there?

According to China's current Consumer Protection Law, Civil Code (202 1. 1) and other relevant laws and regulations, consumers mainly have the following ways to protect their rights.

I. Settlement through consultation

After a dispute occurs, consumers and operators negotiate on issues related to the dispute, and on the basis of voluntariness and mutual understanding, through direct dialogue, state facts and reasons, distinguish responsibilities, and reach a settlement agreement, so that the dispute can be resolved. It is a quick and simple way to resolve disputes over consumers' rights and interests through consultation, which is an ideal way for consumers and operators. In fact, a large number of consumer rights disputes in daily life are solved in this way.

Secondly, complaints and mediation.

Definition of complaint: Consumer complaint refers to the behavior that consumers ask consumer protection organizations for mediation to safeguard their legitimate rights and interests after they have a dispute with operators about their consumption rights and interests because of their daily consumption needs to buy or use goods or receive services. The Consumer Protection Law stipulates that consumer disputes can be settled through mediation by consumer associations.

Form of complaint: Consumer complaints can be made by telephone, letter, interview and internet. But no matter what form it takes, it is necessary to clarify the following contents:

1. Basic information of the complainant. That is, the complainant's name, gender, contact address, contact telephone number, postal code, etc.

2. Basic information of the respondent. That is, the name, address and telephone number of the defendant.

3. Time, brand, origin, specifications, quantity, price, etc.

4. The details of the damage, the time to find the problem and the time to negotiate with the operator, etc.

5. Copies of shopping vouchers, warranty cards and agreements.

Three. Administrative complaint

Definition of appeal: After a dispute over rights and interests occurs between consumers and business operators, they can request the relevant administrative departments of the government to resolve the dispute in accordance with administrative procedures. Compared with other dispute resolution methods, appeal is efficient, fast and powerful. Article 34 of the Law on the Protection of Consumer Rights and Interests stipulates that consumers and business operators may appeal to the relevant administrative departments when there is a dispute over consumer rights and interests.

How do consumers complain?

When consumers decide to complain, they should submit it to the relevant administrative departments (such as health departments, inspection and quarantine departments, quality departments, industrial and commercial departments, construction departments, etc.). ) according to the nature of goods and services. Consumer complaints should generally be in written form, in duplicate, and specify the following items:

(1) Name, address, telephone number and postal code of the consumer;

(2) The name, address, telephone number and postal code of the respondent;

(three) the requirements, reasons and relevant factual basis of the complaint;

(4) the date of the complaint. When necessary, consumers can entrust an agent to carry out appeal activities, but they need to submit a power of attorney to the relevant administrative department.

After a consumer complains to the relevant administrative department, if a settlement agreement is reached through consultation with the operator, the consumer may withdraw the complaint and ask the relevant administrative department to make a conciliation statement according to the settlement agreement. If an arbitration agreement is reached with the operator, the complaint may be withdrawn and submitted to an arbitration institution for arbitration. If you want to solve it through legal channels, you can withdraw your complaint and bring a lawsuit to the people's court.

Four. Bring a lawsuit (if the consumer and the operator have an arbitration agreement, they should apply for arbitration first, and then go to court if they refuse to accept the ruling).

If the legitimate rights and interests of consumers are infringed, they may bring a lawsuit to the people's court and request the people's court to conduct a trial in accordance with legal procedures. In China, litigation can be roughly divided into three forms:

(1) criminal proceedings;

(2) civil litigation;

(3) Administrative litigation.

The lawsuit brought by consumers because their legitimate rights and interests are infringed belongs to the category of civil litigation.