Spot of congress of car dimension authority. Net of picture origin Qi Lu
Law reporter Haore hopes on the weekend
A few days ago, sit on engine lid " complain tearfully thought fors the time being " run quickly woman's bicycle advocate, final the astral car limited company with Xi'an benefit is reached transfer compensation reconcile agreement.
Although this matter comes to an end, but the public opinion attention that causes accordingly has not been appeased.
Run quickly woman's bicycle advocate " tell Liqueshen to appeal to well without the door " , till dimension authority video travels to ferment continuously through the network, just cause take seriously. The netizen says, "Good volubility is inferior to making a scene roll about, consumer dimension authority is pressed namely be troubled by allocate " .
Be immersed in the passive condition that thought fors the time being
On March 14, be in harmony 360 " dimension is spent " associated Tecent finance and economics is right authority state made the dimension of a year of consumer in the past survey, data shows, go one year, the consumer of 91.6% ever encountered tort, exceed behavior of tort of half the number to happen in the net to purchase a territory among them, but only the consumer preference thought of 37.1% fors the time being. In dimension authority, clause of Xiang Yu the Conqueror is become " hard bone " , exceed 6 to abandon dimension advantageous position into consumer.
Last year on July 2, shanghai disappear is protected appoint release " experience and observe of spending of air conditioning maintenance reported 2018 " . In experiment of experience and observe, disappear is protected appoint home appliance does an expert to just install the remote controller the code that it is chaos, there are 9 fictions in 11 maintenance business computer board breakdown, lack refrigeration agent to wait for illness, in order to undertake " cover a region " . Most exaggerated is the maintenance shop that searchs in platform of service of some famous and integrated life, they are not cheated, even bang up machine, bring about a machine cannot open.
Actually, not merely air conditioning maintains a trade, the maintenance industry of daily home appliance waits in TV, freezer, washing machine, computer, covering a region also is great, repair without sick leave, ailment overhaul, build disease to be repaired by force, the problem such as dummy breakdown emerges in endlessly, disturbed market order, trampled sincere letter bottom line and legal bottom line, encroached the legitimate rights and interests of consumer.
Apparent, such maintenance covers a road to cover a region false namely, but because the maintenance of most consumer is professional knowledge and experience are finite, often cannot identify in time and discover maintenance to cover a region, even if suspects somewhat, also be shoot at random, find crucial evidence and problem hard, consequently, before maintenance covers road surface, consumer is very easy by flicker, be immersed in the passive condition that thought fors the time being.
Sea of Liu Jun of professor of courtyard of law of university of people of vice-chairman of Chinese consumer society, China to law the reporter expresses on the weekend, when individual dimension power gets lost gregarious media to ferment, because dimension authority passageway is not expedite,basically be, for instance, the company is not willing to follow consumer handclasp make peace, the administration of superintendency branch mediates efficiency to remain to rise, disappear coordinates solution ability is limited also, and put on record of forensic suit track it is difficult, difficult to carry out. In current trial efficiency and diversity dispute solve a mechanism to return not expedite circumstance to fall, "By be troubled by allocate " a when become a lot of consumer dimension to counterpoise main strategy, this also mirrorred dispute to solve a system " intestinal obstruction " phenomenon.
Guest of company shop big bully
"Breakdown of gear-box of the GS4 that pass Qi, mark has peculiar smell, Lang Yi inside car of A4L of abnormal knocking of gear-box of the flameout in 408 travel, strange fine horse, Ao Di engine leakage is oily. " these problems come from consume a net at Chinese car " the model complained quantity TOP5 pop chart in March " .
Consumer is being bought car and use in car in the center, total meeting encounters various problems. Chen Eryi of attorney office solicitor is heard to express in Beijing, if rights and interests is damaged, have medium of communication of 3 dimension authority normally. It is firstly relieve from force, namely consumer can be communicated with 4S inn by oneself talk things over solve, if main flaw is of leader plant responsibility, also can undertaking negotiation; with leader plant directly is to pass service or organism to undertake dimension authority; secondly finally is judicatory is relieved.
Run quickly in Xi'an in dimension authority incident, run quickly woman's bicycle advocate in most began to choose to be communicated with 4S inn talk things over. Woman's bicycle advocate put forward to remove a car for many times but not if really. Final, the solution that 4S inn gives out is " can change engine only " .
"4S inn is in in negotiating a process normally very strong, the intercessory program that offer often lets consumer cannot be accepted. " Chen Eryi analysis says, average consumer is opposite at 4S inn for, belong to weak force one party apparently, accordingly, very much consumer is being communicated with 4S inn choose without fruit hind avowed and hapless perhaps accept 4S inn apparent inequity settle way.
Nevertheless, to " change engine " solution, run quickly woman's bicycle advocate do not accept, because this ability had,also sit in the video of the complain tearfully on engine lid.
When individual dimension authority incident passes video by " be troubled by big " when, just cause the attention of concerned respect. Very fast, superintendency department of market of Xi'an city new and high district asks " the star of benefit " 4S inn continues to strengthen communicate solve complain a problem, enjoin retreat car refund as soon as possible, experience thing car already entered appraisal order about quality problem.
And this incident also rose " demonstrative effect " , rights and interests of and other places of Zhengzhou, Nanjing gets the car of enroach on advocate, head for 4S inn in succession " counterpoise in order to make dimension " .
Qiu Baochang of vice-chairman of bar association of adviser of expert of Chinese consumer society, Beijing thinks, carry the transmission of gregarious media, cause the public to pay close attention to jointly, produced a kind " be troubled by fiercely, compensate for much " phenomenon, this itself is unreasonable, at the same time abet " press the power that make dimension " the pattern with this kind of regular blame. Investigate its reason, because operator is done not have,be seasonable, respond to consumer reasonably appeal to beg, consumer is active lawfully thought fors the time being to compensate for and be solved it is normally to cannot get, just make consumer adopts the measure Lai Weiquan with normal blame.
Intercessory efficiency is low
A lot of moment, when consumer and operator preach manage, good volubility, always meet by operator with all sorts of reason evade, the problem is solved in time hard. Below this kind of circumstance, consumer can choose to supervise management department to complain to Chinese consumer society, market, also can request relevant news media to undertake public opinion is supervised.
Nevertheless, disappear assist or the efficiency that executive authority processing complains is not tall. Countrywide disappear assist the organization is complained show with data of advisory information system, came 2016 2018, car product (contain component) complain from rise 15 thousand times every year to control 19 thousand times every year, and complain solve rate drop somewhat.
On April 17, hold in Chinese consumer society " drive solve a car to consume dimension authority difficult informal discussion " on, relevant controller points out, "Dimension authority involves an issue complex, consumer is complained it is difficult to solve " it is one of difficulty of authority of car consumption dimension.
Chinese consumer society, the protective consumer that serves as pair of commodity and service to undertake the society is supervised is lawful the national organism of rights and interests, law of protection of consumer rights and interests gifts what it consumes directive, mediation to consume dispute is big. Up to now, society of consumer of countrywide county above already was amounted to 3000 many. "But, ability of mediation of a lot of orgnaizations is limited, many dispute cannot be mediated or mediation does not succeed, the ability construction of the orgnaization remains to be strengthened further. " Liu Jun sea says.
In addition, operator shuffle disputes over trifles, also increased need assist the difficulty that other perhaps service mediates.
Qiu Baochang thinks, mediation does not have the backside of fruit, it is operator cannot solve consumer in time appeal to beg, will tell from economic angle, operator thinks consumer is certain appeal to beg exceeded reasonable range. And consumer thinks operator was not managed lawfully according to legal provision, the right of know the inside story that did not respect consumer, option. So, be opposite when both sides same a problem generation is different when know and holding to respective footing, can bring about mediation to not have if really.
"Some enterprises are gainful, consider company profit only, without the consideration consumer interest; considers benefit of company near future only, forget; of business long-term interests to consider the economic benefit of the enterprise only, did not consider the brand force of the enterprise, reputation of the public letter strength that causes a company finally, business is derogated badly. " Liu Jun sea points out.
Judicatory way cost is high
Consumer can safeguard oneself rights and interests through legal approach below the circumstance that in end normally all methods still cannot achieve dimension authority goal. Can say, judicatory is relieved is last approach that consumer defends oneself to close right increase.
Discovery washs facial black in what some platform buys on self-supporting website apparently light at shop product later, the rash gentleman that lives in Hangzhou chose the route that an endless thought fors the time being: From with deal with of electric business customer service, complain to door of The Ministry of Commerce and Industry, arrive to tell its the court, appeal of the other side after winning the lawsuit, 2 careful maintain original judgement finally, around costs a year many in all.
On May 31, 2018, final judgment of intermediate people court adjudicates Hangzhou city, maintain this platform to all did not offer a product the obligation of true, overall message, misdirect consumer does a mistake to buy, form con, what bore rash gentleman is all appeal to beg: Return return shopping money 4620 yuan, and pay 3 times compensation 13860 yuan.
Notable is, judicatory program especially the cycle of proceeding is longer, after first instance adjudicates, if one party appeals, undertake 2 careful even. During because involve the account such as appraisal, experience work product is imaginable as usual is maintained and cannot use, this brings a lot of inconvenience to consumer.
Chen Eryi is accepting law when the reporter is interviewed on the weekend, express, in judicatory program, difficulty of consumer dimension authority basically is centered in quote process. A lot of consumer never accurate had read the contract that buy a car, 4S store is very much acceptance is oral make, did not agree in the contract. For instance, car of acceptance of the operator when buying a car is explosion proof embryo, what the car of real pay deploys is common tire, but definite agreement is not had again in the contract, this kind of circumstance is relatively adverse to consumer.
No matter which plant consumer preference dimension authority means, need to gather certain evidence, a lot of consumer lack experience, evidence was not saved in time, cause quote difficulty. Often need to entrust tripartite to undertake commodity has quality identification is opposite in collecting evidential process, and appraisal is expended normally taller, and general by pay for sb and expect to be repaid later of consumer start off before the others, a lot of consumer cannot bear, cause dimension authority halt.
"Of course, the just sex of appraisal orgnaization also is a serious problem. For instance, car appraisal orgnaization reachs a staff member, often produce manufacturer to having the connection of countless ties with the car, the tripartite orgnaization of basic nonexistent complete independence. Because the reasoning process of appraisal conclusion is extremely complex, professional, consumer is the judge raises doubt to appraisal conclusion hard even. " Chen Eryi's lawyer says.
Finally, the court carries out difficult question also is block up consumer thought fors the time being an element. Because home lacks castigatory sex to compensate for a system, although ultimate consumer passes lawsuit,win compensation accordingly, also cannot have caution effect to 4S inn or leader plant.
