Implementation of drilling loopholes in automobile consumption regulations and protection system to be improved

Car Three Guarantees has been implemented for more than a month. Not long ago, the news spokesman of the General Administration of Quality Supervision, Inspection and Quarantine introduced the implementation of the automobile Three Guarantees. At present, one of the more prominent problems is that some auto operators set off violation clauses to reduce or exempt Three Guarantees. For example, some automakers add "consumers can only maintain and maintain at the 4S shop, otherwise they do not assume the responsibility of the Three Guarantees" and other overlord clauses in the escort documents such as the "Maintenance and Maintenance Manual". Some 4S shops are also set in the car purchase contract. Similar "additional conditions" exceeded the Three Guarantees Scope of Exemption for Automobile Three Guarantees and violated the legitimate rights and interests of consumers. In this regard, relevant leaders of the AQSIQ Defective Product Management Center told reporters recently that they will strive to resolve this issue in the short term.

Analyze the overlord clauses that manufacturers and operators use to implement the three-car package, obviously using the consumer's unfamiliarity with the Three Guarantees during the initial implementation of the automobile Three Guarantees to carry out malicious misleading, and entrusting consumers with the Three Guarantees Code. Reasonable and illegal "yoke". For this kind of behavior, the relevant functional departments should jointly fight it.

In addition to the implementation of the "full moon" in the " Car Three Guarantees ", the recent positive news for car consumers is that the National People's Congress Standing Committee passed a revised consumer protection law after the vote. The revised law will be adopted by international consumers on March 15, 2014. The rights protection day will be implemented. Among them, "services such as motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines and other durable goods or decoration and decoration services provided by the operators, consumers have discovered defects within six months from the date of acceptance of goods or services. The responsibility for the burden of proof lies with the operator, which means that in the delivery of the car to the consumer, the “burden of proof” will be reversed within half a year, which will play a positive role in protecting the legitimate rights and interests of consumers. Because the auto triple warranty is much longer than half a year, it also means that the new consumer law will be in the new car purchase within six months, for the implementation of auto three bags and then on a "safety (safeguard)."

The new consumer rights protection law also stipulates penalties for the operators' behaviors of “knowing the sale of fake goods and selling fake products”: First, if fraudulent acts are performed against the operators to provide goods or services, the penalties shall be increased from the current provisions of “reduction, compensation, and compensation” to the new The revised “retreat and pay three”; the second is to clearly understand the existence of defects in goods or services, resulting in the death of consumers or other victims or serious damage to health, the provisions of the clear, in addition to criminal liability, the “victims have the right to require operators to comply with The laws of Articles 49 and 51 of this Law provide for compensation for losses and have the right to claim punitive damages of up to two times the losses suffered."

In recent years, car dealers in some localities have repainted and “painted” accident vehicles and test vehicles, and there is no clear indication that cases of disputes caused by new car sales are frequent. In the future, this malicious fraudulent behavior is expected to be more severely hit by the new consumerism. In the field of automobile recall, some manufacturers know that the product has major defects but delay or refuse to recall it, causing serious personal and property losses to consumers. They will also be severely punished by relevant laws. Punitive damages are also expected to increase the execution of the vehicle recall system.

In the long run, China’s auto consumers will be increasingly protected by laws, regulations, and departmental regulations. The automobile Three Guarantees will inevitably continue to evolve in the adjustment and adjustment of this regulatory system, and constantly coordinate the interests of all parties in the practice and exploration. In this regard, all parties involved in production, sales, and consumers must be psychologically prepared.

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