China News Service, April 9 (Xinhua) The State Council Information Office held a regular policy briefing of the State Council on the 9th to introduce the "Regulations on the Implementation of the Consumer Rights Protection Law of the People's Republic of China". In response to the issue of regulating online consumption, Guo Qiwen, head of the Second Legislative Bureau of the Ministry of Justice, pointed out that the "Regulations" improve the relevant regulations on online consumption and stipulate that operators shall not force consumers to purchase goods or receive services, and shall not implement "price discrimination" or "big data killing". Ripe".
Guo Qiwen introduced that in the past decade or so, my country’s economy and society have developed rapidly, especially new business forms and models such as the platform economy have continued to emerge, and the protection of consumer rights and interests has faced some new situations and new problems. In the traditional consumption field, problems such as false propaganda, "overlord clauses", "difficulty in refunding" advance payments and "running away with money" are more prominent. In terms of online consumption, operators abuse technical means, platform rules, their own advantages, etc., and infringe on consumer rights and interests. Problems such as false marketing on the Internet, counterfeiting in live streaming, "price discrimination" and "big data killing" have attracted widespread attention. Regarding these issues, some current regulations are relatively principled, and some still have gaps in the system. It is necessary to refine, supplement and improve the relevant provisions of the Consumer Rights Protection Law through the formulation of implementation regulations, and further improve the legal system for consumer rights protection. system.
Guo Qiwen pointed out that during the legislative process, the Ministry of Justice, together with the State Administration for Market Regulation, focused on the current pain points and difficult issues that consumers are concerned about, and improved relevant regulations within the basic framework of the Consumer Rights Protection Law.
The first is to refine and supplement the relevant provisions of the Consumer Rights and Interests Protection Law, imposing obligations on operators to ensure the personal and property safety of consumers, handling defective products, clearly marking prices, using format terms, etc., as well as protecting the rights and interests of consumers such as the elderly and minors. The obligations in this regard have been further refined and supplemented.
The second is to improve regulations related to online consumption, stipulating that operators shall not force consumers to purchase goods or receive services, and shall not implement "price discrimination" or "big data-based manipulation." Live broadcast marketing platform operators shall fulfill their obligations to protect consumer rights and interests in accordance with the law.
The third is to standardize prepaid consumption business activities and clarify the relevant rules for operators to collect and return advance payments.
The fourth is to strengthen the government's responsibility to protect consumers' rights and interests, stipulate that relevant administrative departments should handle consumer complaints and reports in a timely manner, and increase supervision, inspection and law enforcement.
Fifth, it clarifies the duty performance requirements of consumer associations and gives full play to the active role of consumer associations in protecting the legitimate rights and interests of consumers.
Guo Qiwen also mentioned that while strengthening the protection of consumer rights and interests, more attention should be paid to reshaping a good market operation order. For example, in response to issues such as complaints and reports and the application of punitive damages that have attracted great attention from all aspects of society for many years, the "Regulations" while smoothing the channels for complaints and reports and improving the acceptance mechanism, emphasize that consumers should safeguard their rights in accordance with the law and must not use complaints and reports to seek unfair gains. Benefit. It clarifies the specific circumstances in which punitive damages are not applicable; at the same time, it stipulates that those who defraud compensation or extort operators through entrainment, subcontracting, fraud, fabrication of facts, etc. shall be dealt with in accordance with the Public Security Administration Punishment Law and other relevant laws. While further clarifying the obligations of operators, the Regulations also create a good market environment for operators to operate legally.