The amendment to the "Consumer Rights Protection Law" will be reviewed for the first time
Release Time:
2013-04-16 18:53
Source:
Caixin
The draft amendments to the "Consumer Rights Protection Law" and other legal bills will be submitted for review at the second session of the 12th National People's Congress Standing Committee meeting held from April 23 to 25. This was decided at the second chairpersons' meeting of the 12th National People's Congress Standing Committee held on April 15.
According to the agenda suggested by the chairpersons' meeting, the second session of the Standing Committee will review for the first time the draft amendments to the "Consumer Rights Protection Law", the State Council's report on the construction of the ecological compensation mechanism, the National People's Congress Legislative Affairs Commission's report on the centralized review of judicial interpretations, among others.
The "Tourism Law (Draft)" and the "Special Equipment Safety Law (Draft)", which were previously reviewed by the 11th National People's Congress Standing Committee, will continue to be reviewed this time. The meeting will also review the proposal from the chairpersons' meeting to submit for review the draft list of the director, deputy directors, and members of the National People's Congress Standing Committee's Credentials Review Committee, as well as review appointment and removal cases.
The review of the draft amendments to the "Consumer Rights Protection Law" will be a major focus of this meeting.
The "Consumer Rights Protection Law", which came into effect on January 1, 1994, established consumers' rights to information, supervision, equal transactions, and legal claims. However, nineteen years of practice have shown that difficulties in protecting consumer rights still widely exist, and calls from all sectors of society for legal amendments have been ongoing for years.
According to the Legal Daily, during the 11th National People's Congress, the revision of the "Consumer Rights Protection Law" was already included in the legislative plan of the Standing Committee. In 2009, the State Administration for Industry and Commerce took the lead in initiating the revision work, and in 2010, the draft revision was submitted to the State Council for review.
According to some legal experts involved in the revision, issues such as the expansion of the consumer concept, provisions on punitive liability, the application of compensation for mental damages, and whether to stipulate consumers' right of withdrawal have all sparked extensive discussion.
Many experts believe that consumers mostly purchase low-value goods, and the punitive damages stipulated in the current "Consumer Rights Protection Law" often fail to have a deterrent effect. Consumers also find it difficult to recover costs through rights protection. For fraud related to products or services, a minimum standard for punitive damages, such as one thousand yuan, should be established to motivate consumers to protect their rights.
Regarding the difficulty in protecting consumers' right to information in current remote transactions such as online, TV, and mail-order sales, some experts have suggested remedies through the right of withdrawal, i.e., a cooling-off period system. Under certain circumstances, the law grants consumers a period during which they can return goods unconditionally.
In addition, the reversal of the burden of proof system for defects in large items and joint liability for false advertising have also received considerable expert support and are expected to be included in this revision.
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