Qiu Baochang's work in the field of consumer rights protection began in the 1990s.
He represented a number of cases with great response such as the OK mirror product quality case, participated in the formulation and revision of a number of consumer rights protection laws and regulations, and was once known as the "first person in consumer rights protection" in my country.
News from the Beijing News (Reporter Dai Xuan) Qiu Baochang's death was quickly swiped within half an hour to spontaneously mourn his colleagues. In addition to his colleagues in law, there are also people from universities, consumer rights protection, food and medicine, and the media.
Most of the public's impression of Qiu Baochang comes from his appearance at the "March 15" party every year.
Qiu Baochang's work in the field of consumer rights protection began in the 1990s. He represented my country's earliest OK mirror product quality case and many other cases with great response.
For more than 20 years, he has participated in the formulation and revision of many legal provisions such as the Consumer Protection Law, the Electronic Commerce Law, and the Three Guarantees for Family Cars, to promote the protection of consumer rights.
Many people commented on him as a "fighter in my country's consumer rights protection industry" and "willingly respond to every request", expressing their pity for his passing.
This morning (October 2), the farewell ceremony of Qiu Baochang's remains was held in the East Hall of Babaoshan Funeral Home. More than 100 old friends and friends from academia, lawyers and media came to see him off.
Died of sudden illness
Qiu Baochang, who was born in 1965, was only 55 years old this year. When the news of his death spread, the first reaction of many people was incredible.
Last month, the China Consumers Association held a discussion on issues related to online games, and Qiu Baochang also attended.
In a media report on September 24, Qiu Baochang participated in a column interview.
Just a few days ago, some reporters talked with him on the phone about consumer rights protection.
In the eyes of people who have been in contact with him, he is in a normal state, "there is nothing wrong".
A practitioner in the food and drug supervision field told reporters that it was originally scheduled to invite Qiu Baochang to his unit to give a lecture on the Civil Code on September 27, but he lost contact on that day.
The earliest definitive news came from the Beijing Lawyers Association. On September 29, a lawyer who was a member of the Lawyers Association received a notice, "He lost contact on Friday, probably because he did not pay attention to it during the weekend. Monday (September 28) In the morning, the unit could not find him, broke in and found that the person was gone."
At 6 o'clock in the evening on September 29, the reporter tried to call Qiu Baochang, but no one answered.
A few hours later, a statement issued by the Beijing Lawyers Association stated that the police confirmed that Qiu Baochang died of a sudden illness and ruled out a criminal case.
After the news of Qiu Baochang's death was issued, he quickly swiped the Internet.
People from all walks of life, including law, consumer rights protection, and the media, spontaneously mourned.
Qiu Baochang has many positions.
He is a council member of the China Consumers Association, the 11th council member of the Beijing Bar Association, and the director of Beijing Huijia Law Firm.
As a legal expert frequently appeared in consumer rights protection news, Qiu Baochang's name was known to the public.
He has represented many influential consumer rights protection cases such as OK mirrors, fake fertilizers, fake seeds, and participated in discussions on issues such as seven-day unreasonable return of online shopping, telecommunication tariff reform, and express cabinet charges.
He was awarded the "3.15 Gold Medal" and is a contributor to consumer rights protection in China's consumer protection movement for 30 years.
Promote the withdrawal of inferior OK mirrors from China
In 1998, citizen Mr. Ge went to the hospital for a physical examination and became a subject of the "transcranial magnetic stimulation evoked potential test" without knowing it. He was shocked more than 20 times.
Later, he developed severe physical discomfort, continued headaches and dizziness, and suffered insomnia and forgetfulness.
Prior to this, he did not have any organic disease.
Qiu Baochang represented this medical litigation dispute. This practice has provided useful experience for the rudimentary human test experiment in my country and promoted the protection of the rights of subjects.
This is just one of many lawsuits represented by Qiu Baochang.
In 1999, a 19-year-old girl, Zhao Ling, received an OK mirror advertising leaflet distributed by the Mudanjiang Locomotive Factory Hospital, claiming that it could treat myopia without surgery, injury, and pain.
After Zhao Ling used the OK lens fitted by the hospital, she developed a corneal ulcer in her right eye, and had sequelae such as leukoplakia and iris cyst in her right eye after treatment, and she was identified as disabled.
Zhao Ling sued Mudanjiang Locomotive Factory Hospital to the Yangming District Court of Mudanjiang City, but the District Court defined it as a medical malpractice dispute and rejected her request on the grounds that Zhao Ling refused to make a medical malpractice appraisal.
Zhao Ling appealed to Mudanjiang Intermediate People's Court.
At that time, incidents of injury to OK Mirror were not a single case. The Zhao Ling case was a typical representative case among the first batch of OK Mirror lawsuits in my country, which attracted much attention from the outside world.
In July 2001, Qiu Baochang represented the case for free and won the case. Zhao Ling received 98,000 yuan in compensation from the hospital.
This time the victory provided an example for the trial of OK lens wounding cases in other parts of the country, and also opened up room for handling medical disputes in the future.
Yang Shukun, the former secretary-general of the China Consumers Association, participated in the whole process.
He recalled that in addition to the case of Zhao Ling, Qiu Baochang also helped with many other tasks, such as investigating the registration of related illegal companies abroad.
These preparations promoted the "expulsion" of the immature OK Mirror project from the Chinese market and protected more young people from harm.
In addition to medical disputes, Qiu Baochang has also represented numerous cases of fake fertilizers and seeds that harm farmers.
Since practising in 1993, he has been involved in consumer rights protection fields including medical care, automobiles, real estate, telecommunications, beauty, insurance, education, railway transportation, etc.
Participated in the formulation of many important laws
"He is very professional and has extensive experience in laws and regulations and case operations in the protection of consumer rights and interests," Zhu Cambridge, vice chairman of the China Consumers Association, told reporters.
In 2004, Qiu Baochang served as the head of the lawyers group of the China Consumers Association. He has represented many consumer rights protection cases within the China Consumers Association, such as the first public interest litigation of the China Consumers Association.
In 2016, the China Consumers Association filed the first consumer civil public interest lawsuit against the four defendants including Lovol Heavy Industries, who illegally produced and sold regular three-wheeled motorcycles.
"This public interest litigation is very difficult to fight. There are many experts and lawyers behind the China Consumers Association who have devoted themselves to this. Qiu Baochang has made a great contribution as an attorney attorney," recalled Chen Jian, director of the complaints department of the China Consumers Association.
In the past three years, the two sides conducted multiple rounds of debates on the core issues involved in the case.
Behind every debate, a large number of human and physical evidence is needed. Qiu Baochang often works for this until three or four in the morning.
In 2019, mediation of the case was reached under the auspices of the court, and all six demands of the China Consumers Association were fulfilled.
This case created a precedent for the "confirmation suit" of consumer public interest litigation in my country.
While representing specific cases, Qiu Baochang also participated in the formulation and revision of a large number of laws and regulations.
"In the judgment of the case, the legal provisions are the core. The victory of a single case cannot promote the overall situation. He saw this." Chen Jian said.
Over the years, Qiu Baochang has participated in the formulation and revision of the Consumer Rights Protection Law, E-Commerce Law, Advertising Law, Anti-Monopoly Law, Anti-Unfair Competition Law, Family Car Three Guarantees, etc., to "voice" for consumer rights protection.
Let more people understand consumer rights protection
"The protection of consumer rights is only part of civil law, and it is not a popular area. Many consumer disputes are trivial, small in amount, and low in cost. Lawyers will face pressure from business development, so they rarely specialize in this area. Qiu Baochang Drilling is relatively deep, he has sentimentality in consumer rights protection." Zhu Cambridge said.
Due to frequent "face-washing" in consumer rights protection cases, Qiu Baochang was once known as the "first person in consumer rights protection" in my country.
While representing cases and participating in legislation, he often appears in major media reports, and the public knows him well, many of which are because he often appears in "March 15" evening parties to comment on illegal business activities.
In Zhu Cambridge's view, Qiu Baochang, as a lawyer, has a targeted and grounded manner of expression. It is his strength to promote, popularize, and interpret consumer rights protection cases, which coincides with the nature of mass communication of the media.
"He has a great influence, and another reason is that it is'real'. He focuses on problems in practice rather than imaginary. He has a very young mentality and charges for e-commerce, live delivery, online games, express cabinets, These new issues, including the Disney case last year, all have concerns and opinions." said Zhu Wei, an associate professor at China University of Political Science and Law.
In addition to being keen, professional, and good at expressing, the impression he left on the people around him is also "willing to respond".
A reporter who had contacted Qiu Baochang recalled that when he asked Qiu Baochang a question, he would almost never refuse. In the early years when the communication fee was still very expensive, the reporter called Qiu Baochang, and he would hang up before calling the other party back.
In Zhu Wei's view, Qiu Baochang is an unassuming person, easy-going, kind, and will take care of people around him like his elder brother.
The two attended the conference together. Zhu Wei spoke on stage. Qiu Baochang would take the initiative to take pictures and videos of him in the audience. I don’t think there is anything wrong with doing this for young people.
Perhaps because of this, Qiu Baochang has many friends, covering consumer associations, legislation, universities, publishing, enterprises, media and other fields.
"Without him, there are not so many people who understand the protection of consumer rights. He uses plain language to expand the influence through the media; without him, it is difficult for many consumers to convey their voices to legislators. He is a multi-party combination. "Zhu Wei said.
High-intensity work and responsive character undoubtedly increased Qiu Baochang's physical burden.
"He is very responsible, and he is not very good at rejecting others. The schedule is full during the day, and he often only rests for an hour or two when he comes home. He gets up to write things late at night. If you have urgently needed materials, he will definitely give them within the time limit. Sometimes I’ll stay up late to finish it and send it over at four or five in the morning.” A friend of Qiu Baochang said that this year, Qiu Baochang has become very old and his hair turned white all of a sudden. She once advised Qiu Baochang to pay attention to his body and not to fight for long periods of fatigue. Qiu Baochang just opened Made a joke, didn't take it to heart.
"His death is a major loss in the cause of consumer rights protection, which is regrettable. We cherish the memory of this comrade-in-arms, and hope that his spirit of rights protection will survive, and that more people will stand up and speak out for consumer rights." Zhu Cambridge said.
【Brief introduction of Qiu Baochang's life】
Qiu Baochang, male, born in April 1965, graduated with a master's degree, has long been engaged in consumer rights protection.
2001-2009: Director of Consumer Rights Protection Professional Committee of Beijing Lawyers Association;
2004-2015: Head of the lawyers group of the China Consumers Association;
From 2015 to before his death: Served as an expert of the Expert Committee of the China Consumers Association; Executive Vice President of the Beijing Consumer Rights Protection Law Society; Vice President of the Beijing Food and Drug Law Research Association; Member of the Beijing Dongcheng District Political Consultative Conference.
Participate in the revision of the Consumer Protection Law;
Participate in the formulation of the consumer complaint measures of the former State Administration for Industry and Commerce;
Participated in the formulation of the Food Safety Law in 2009 and the revision of the Food Safety Law in 2015;
Participate in the revision of the Advertising Law;
Participate in the formulation of anti-monopoly laws;
Participate in the work of anti-unfair competition law;
Participate in the work of defective automobile product regulations;
Participate in the formulation of three guarantees for family cars;
Participate in the review of Apple mobile phone format terms.
Beijing News reporter Dai Xuan