China’s revised Consumer Protection Law: online shopping 7 days no reason to return
China News Agency, Beijing, October 25 – the twelve session of the Standing Committee of the National People’s Congress (NPC), the fifth session of the Standing Committee of the people’s Republic of China (PRC), the 25 meeting of the people’s Republic of China adopted the decision on Amending the law on the protection of consumers’ rights and interests in accordance with the law. This is the first time that the law has been enacted for the first time in nearly 20 years. The new law will come into effect on March 2014 15.
1993, China enacted consumer protection law. With the great change of public consumption pattern, consumption structure and consumption concept, there are many new problems in the field of consumer protection.
to this end, the revised law mainly from four aspects to improve the protection of consumer rights and interests of the system, such as strengthening the obligations of operators, norms of online shopping and other new forms of consumption, the establishment of consumer public interest litigation system.
this law gives consumers online shopping regret right, provides consumers through the Internet and other ways to buy the product can be no reason to return within seven days". The new law stipulates that operators sell commodities on the Internet, television, telephone, mail order, consumers have the right to return within seven days from the date of receipt of goods, and without justification.
at the same time, in order to prevent the abuse of rights, the terms stated should return the case, such as consumer custom, perishable goods, newspapers, periodicals and other delivery, and unless otherwise agreed, the return freight borne by the consumer.
in strengthening the operator’s obligations, the burden of proof upside down to become cracked consumer rights difficult, high cost of rights, weapon". The new law stipulates that operators provide motor vehicles, computers, televisions, refrigerators, air conditioners, washing machine and other durable goods or services such as decoration, consumers from the date of acceptance of the goods or services found defective within six months of dispute, the burden of proof by the operators bear the defects.
modified fire protection law to further strengthen the protection of consumers’ personal information, which provides operators collect personal information on consumers and their staff must be strictly confidential and shall not disclose, sell or illegally to others.
repair law also strengthen punitive damages. Under the new law, the operator knows defective goods or services are still available to consumers, causing consumers or other victims of death or serious harm to health, shall be investigated for criminal responsibility according to law; the victim has the right to require the operator in accordance with the law of the relevant laws and have the right to claim compensation for losses, the loss of punitive damages under two times. The relevant law provisions of the "damages", not only including medical expenses, nursing expenses, transportation expenses, lost income and other expenses, including compensation for mental damage. Analysts pointed out that this means that operators in addition to the general liability for damages, but also to increase the victim’s loss of punitive damages.
it is worth noting that the amendment law in the establishment of consumer public interest litigation system has made significant progress. Modify >