China News Service, Beijing, March 15 (Reporter Zhang Su) On the "3.15" International Consumer Rights Day, China's Supreme People's Court and the Supreme People's Procuratorate released cases on protecting consumers' "fingertip" and "tongue" rights and interests. .
The Supreme People's Court released 10 cases, many of which are online consumption disputes, involving prompts and explanations of standard terms of online consumption, consequences of online shop customer service behavior and other issues.
Take "Qi Moumou v. Luo Moumou online information shopping contract dispute case" as an example.
Luo Moumou opened an online store, engaged in the sales and business activities of a certain brand of lithium batteries, and promised to "renew the products with quality problems within half a year".
Qi Moumou purchased a lithium battery in his online store. After three months of use, he found that there were quality problems such as dissatisfaction with charging and asked for replacement.
However, Luo refused to replace it with a new battery on the grounds that the "renew" in the sales promise only meant "new battery".
Qi Moumou sued to the court.
The court held that, according to the common understanding of ordinary consumers in the society, "renewing" should refer to the replacement of the whole battery, rather than the replacement of the components that constitute the battery.
Luo Moumou refused to perform the replacement obligation according to the sales commitment when there were quality problems in the sold goods, which constituted a breach of contract.
Now that his breach of contract has made it impossible to achieve the purpose of the contract, Qi Moumou's request to rescind the contract and refund the payment should be supported in accordance with the law.
It should be pointed out that the "Regulations on Several Issues Concerning the Application of Law in the Trial of Online Consumer Dispute Cases (1)" will come into force on March 15, 2022.
This new judicial document makes more detailed provisions on the rights and obligations of online consumer contracts.
The Supreme People's Procuratorate released 12 typical cases of procuratorial organs' food and drug safety public interest litigation, 4 involving food safety and 8 involving drug safety.
In 2021, Chinese prosecutors will file and handle 30,000 food and drug safety public interest litigation cases, a year-on-year increase of 10%, urge the investigation and prosecution of 480,000 kilograms of counterfeit and shoddy food, and urge the investigation and prosecution of more than 1,400 kilograms of counterfeit and shoddy drugs and smuggled drugs.
"The overall situation of food and drug safety continues to improve, but the situation is still complex and severe, and new problems emerge one after another." The person in charge of the Eighth Procuratorate of the Supreme People's Procuratorate said that the next step will be to pay more attention to handling public interest litigation in the food and drug field where public interest is seriously damaged and the society has a strong reaction. case.
(over)