March 15th, the newly revised consumer protection law "(hereinafter referred to as the new" law ") will be formally implemented, for this modification was call out, the legislative idea of moderately inclined to consumers, to further strengthen the obligations of operators.
last week, development zone, the implementation of the new consumer law training will be held, sponsored by the organizers for branch trade and Industry Development Zone, Hangzhou City Consumer Protection Committee, assistant secretary general Jiang Lili invited speaker in the region, more than 150 units of participants.
What is the highlight of the new consumer law
, which has brought benefits to consumers? Please experts interpret the reporter.
highlights: the implementation of the burden of proof inverted
new "consumer protection law" article twenty-third paragraph third: motor vehicle operators to provide, 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 operator of the defects.
[case] Mr. Zhang in a shopping mall promotional activities to buy a refrigerator, you can use two months later, there will be cracks in the refrigerator wall. Zhang took the invoice to find the mall, but the mall believes that Mr. Zhang Department of refrigerator damage, do not agree to free repair. Mr. Zhang will be shopping malls to court, but in the end because of no evidence to prove the existence of the purchase of the refrigerator quality problems.
[interpretation] who advocates, who proof is the general rules of evidence in the Civil Procedure Law of our country. Consumers want to prove the existence of a defective product must come up with evidence, but they do not have the relevant technical information, not proof, as by a court ruling, ruling is an important basis for identification of the book rely on the quality of products, but the product quality must first pay a lot of money, so a lot of trouble, afraid to rights step. Inversion of burden of proof, can effectively eliminate the concerns of consumer rights, to achieve a real fairness. The "consumer protection law" amendment, the consumers’ rights to take evidence into the operators’ self prove innocence, the burden of proof, the accurate solution of consumers difficult problem of proof. According to the new "law", in the above case, the refrigerator has no quality problems, businesses should prove the.
] to remind the rule only applies to motor vehicles, computers, televisions, refrigerators, air conditioners, washing machine and other durable goods or services such as decoration, and only buy or accept within six months from the date of service, for more than six months is no longer applicable.
two highlights: giving consumers the right to go back to
new "consumer protection law" article twenty-fifth paragraph first, the provisions of the second paragraph: 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, except for the following items:
(a) consumer made; (two) perishable; (three) online download or unpacking of consumer audio and video products, computer software and other digital products; (four) the delivery of newspapers.