Long treat city some travel to develop limited company to try during doing business, in its mouth of ticket of all sorts of entrance ticket lower part, check is in, all tag have " final explanation authority puts in our company 's charge all " model of written characters. After crock closes prefectural market and quality to supervise management board to discover, ask this company gives rectify and reform.
This company did not grant to rectify and reform inside time limit. Then crock closes prefectural market and quality to control management board in order to disobey " contract illegal behavior controls processing way " eleventh (4) regulation, eliminated consumer to explain the right of format clause namely. Basis " administration of People's Republic of China sanctions a method " regulation, make the administrative punishment that fines 20 thousand yuan.
This company refuses to obey, to lodge a complaint. First instance of court of Yuan Changzhi the city zone thinks, the administrative punishment that crock closes prefectural market and quality to supervise management board to make decides the fact is clear, evidential authentic, the process is legal, punishment is appropriate. According to " procedural law of administration of People's Republic of China " court decision of the 69th regulation: Reject long treat some travel to develop request of limited company lawsuit.
This company refuses to obey, appeal comes long order court of city intermediate people, long it is clear to treat court of city intermediate people to think first instance holds a fact, applicable law is correct, according to " procedural law of administration of People's Republic of China " the 89th the first (one) set a court decision: Reject appeal, maintain original judgement.
"Clause of Xiang Yu the Conqueror " encounter via regular meeting in our daily life, the consumer classics regular meeting that is in weak power position undergoes unfair treatment. Their some can be passed mirror to consumer society, seek help; some to be able to be complained to concerned executive authority, seek relief; some to be able to adopt legal approach, seek solve. No matter which are planted means, can solve specific problem only, cannot put an end to thoroughly from fountainhead. To give " clause of Xiang Yu the Conqueror " the most severe blow, purify consumptive environment, the legitimate rights and interests of opposite person in protecting pattern contract, should become whole society to act jointly, proper repair consumes the tort problem in the domain.
For blow " clause of Xiang Yu the Conqueror " exist, on Feburary 14, 2015, top people court expresses, in meal industry " prohibit carrying wine water oneself " " lowest of the setting between the bag is consumed " in belonging to service contract " clause of Xiang Yu the Conqueror " , the issue that produces from this, OK and applicable " consumer rights and interests protects a law " rights and interests of formulary defend oneself. 2018 the whole nation " two meetings " governmental working report points out, to the behavior of rights and interests of consumer of of all kinds enroach on, should penalize lawfully absolutely not appeasement.
