On April 17, chinese disappear assist hold " drive solve a car to consume dimension authority difficult informal discussion " . Disappear of picture origin China
Rule by law on the weekend force of reporter Yu Wei
Recently, xi'an runs quickly woman's bicycle advocate the high attention that dimension authority incident causes a society, although at present this incident already came to an end, but about " thought fors the time being " the discussion of this topic, still continueing. Comparative incident itself, the public begins to divert attention " be not normal thinking to counterpoise " .
Before this, be aimed at this incident, the expert inside Ceng Youye points out clearly: "If according to 3 packets of current policy, this runs quickly the vehicle is primary exchange a purchase not. " but because run quickly woman's bicycle advocate pass a series of " divine operation " , "Reasonable " the ground safeguarded oneself rights and interests. Normal thinking authority often is not had result and return, make sound giving a point " be not normal thinking to counterpoise " still hold out a canal to use it seems that, this paradox lets a person find both funny and annoying really.
The dimension authority effect as normal approach not beautiful, a lot of consumer begin to try to differ " be not regular pattern " thought fors the time being, as a result some successful thought for the time being, some criterion " go for wool and come home shorn " .
Area of area of extreme dimension authority is watched
Xi'an runs quickly woman's bicycle advocate dimension authority incident is an average consumptive issue originally, consumer buys run quickly car, had not opened a gate to leak with respect to occurrence engine oily problem, result 4S inn does not agree namely exchange a purchase, final and protracted be driven beyond forbearance to consumer, adopted the method that thought of complain tearfully of lid taking a car fors the time being, in the network transmission effect falls, evolution became the communal event that netizen of a whole nation pays close attention to.
Not come singly but in pairs, occupy media to reported recently, class of S of former outfit entrance runs quickly car, left to be less than 3 months, the car cannot be started twice, engine leakage is oily, two front-wheel drive " have an embryo " discard as useless... from now on, mr Zhang is on Ning Bo's lawyer dimension authority road, "Dead knock " inn of 4S of Jiang Beili star 4 years.
From begin to be communicated with 4S inn negotiate car of requirement exchange a purchase, arrive to brush quality question into " advertisement automobile body " call loss everywhere, arrive again attend annual Hangzhou 15 problems car exhibits 3 · , accept numerous media to interview... around last a period of time 4 years of time, of Mr Zhang " the problem runs quickly greatly " did not solve a problem from beginning to end.
It is early a few years ago, similar the practice that Mr Zhang thought fors the time being emerges in endlessly, also more extreme. On July 15, 2008, in highway of Guangzhou white cloud, the BMW that an old Niu La stirs an occurrence trouble 525 cars, car advocate Miss Ma purchased this car in April 2008, had appeared a few times to cut off the power suddenly in travel process plunge the accident of neutral, transfer in the requirement not she directed this one screen below the circumstance of fruit. On March 15, 2005 morning, below crossroads of hill of Zhengzhou city Chinese redbud, worker worker of a few peasants is pulling to be called " a pillow with an embroidered case " car parade sb through the streets.
On March 15, 2010, day of consumer rights and interests during, the Lu Hu of Shanghai spring gentleman is stuck on car automobile body full dimension mace language. He hopes to be caused with this kind of means " Lu Hu China " take seriously.
On March 15, 2011, in Qingdao before city gate of lamps and lanterns of 1919 international building materials, car advocate malcontent brand business serves, oneself a value 300 racing bike breaks the Lanbojini of more than destroy.
Besides smash a car, also somebody breaks air conditioning for dimension authority. On November 20, 2011, of Beijing collect gentleman and a few otherer the volunteer will to headquarters of Beijing of Xi Menzi company have dimension right activity, break the freezer that rots 3 have quality problem or design flaw to present written requirement act with hammer, supervise and urge door subsidiary corrects refus not to admit consumer of responsibility of product problem, shirk, negligence tells the abominable way that seek instantly on the west, and the freezer that recall has a problem.
Extreme dimension right is common also at commodity house, house-owner often accepts hair conduct propaganda page, dozen banner, hold high the form such as card of dimension authority conduct propaganda, sit quietly. Also somebody recalls all sorts of way to draw attention. On October 10, 2011, shenzhen cloth auspicious is street face one office building appears to deep Huilu condole vivid dog one act, business door uses this action analogy " the dog also jumps urgently building " , still play malcontent to some branch banner at the same time. Two dogs die finally, the person that netizen denounce thought fors the time being does not have human nature. Ever the contract person that the gentleman is this ridgepole building, because this ridgepole building wants to tear open,do not tear open did not follow a letter, forbid to close again hire bring about its to owe sublessor 11 months chummage, because this uses this kind of means " thought fors the time being " .
The analysis thinks, the dimension authority of these extremes arouses a lot of controversy, also brought about not little censure and censure. The person that thought fors the time being takes extreme step, if be minatory only,the reputation to him person that thought fors the time being, safety is mixed life, or the attention of the compassion that can get the public and government. But, when the other interest that protects to legal place when extreme act effect and public interest, behavior person ought to bear legal responsibility to his behavior. Criticize as what counterpoise to extreme dimension increasing, forms of these extreme dimension authority are less and less also.
For dimension authority arrests a person directly
Thought fors the time being, it is normally begin with reason, in appeal to beg without fruit hind, or abandons, or begins extreme pattern. The Yang Ping of Liaoning Dalian (alias) the collective dimension that before recollecting this, has made to work in the same place fors the time being, return remain fresh in one's memory up to now. At that time, a barber shop is opening outside door of Yang Ping unit, because leave nearly, tonsorial and convenient, the boss just also is doing sales promotion activity, so Yang Ping unit had about a hundred person to deal with the member of barber shop. Did not become after thinking 3 years, barber shop closes down suddenly, the boss breaks couplet.
Then, yang Ping guides a colleague to be complained to industrial and commercial bureau of place, the other side is responded to however, because the individual business charter of this barber shop already was cancelled, the phone also is not contacted, suggest they call the police. After Yang Ping calls the police, police station says, this attributes civil dispute, there is relevant regulation in place, public security cannot have a hand in economic dispute, suggest their both sides talks things over solve.
"We are to want to solve a problem through legal approach, but the manner of relevant section makes us very disappointed. " Yang Ping says, soon industrial and commercial bureau and police station without giving thought to, engage in a lawsuit to be cost again, after classics everybody discusses, final decision is relied on " technical measure " , oneself are solved.
Yang Ping tells to rule by law on the weekend reporter, they use mobile phone fixed position and big data analysis, checked the consumptive record of barber shop boss and mobile phone signal, appear inside a store for many times. Pass period of time dog, yang Ping a 3 people and police of a police station, found together " be missing long already " barber shop boss, reach his detain police station. Barber shop boss writes down guarantee on the spot, express to agree to withdraw fund, very fast work in the same placing got refund in succession.
"We take the way that pays a person directly, it is to improve efficiency, 2 it is to export gas. " Yang Ping shows indignant the earth's surface to show slightly, barber shop boss knows perfectly well storefront to manage no less than going to, still increase a membership ceaselessly, close to put cost beforehand, encircle money to run next road, this kind of property is very abominable. In the meantime, he still sighs with emotion handling this issue, the biggest feeling is: "The right won't lie over, rely on oneself effort goes striving for. Rely on oneself effort goes striving for..
Although Yang Ping and its work in the same placing are final " successful " thought fors the time being, achieved dimension authority goal, but plant to this " be not normal thinking to counterpoise " means, beijing Beijing division (Dalian) An Shun of head of department of general affairs of legislation of attorney office government is not advocated. Look in him, this kind adopts a technology to get other method, illegally to consume information, use again dog, the method such as mobile phone fixed position, be suspected of privacy of enroach on other, need to assume corresponding tort responsibility lawfully, the clue is serious, form possibly still get blame of citizen individual information illegally.
He points out further, "Capture " the action, although police station policeman is participated in, but spot if produces combat, may produce issue of healthy advantageous position. Serious person still can offend public security government, even the relevant provision of criminal law.
New media wants channel into dimension weight
Look in a few consumer, the means that if thought fors the time being, transmit ability to come true through Internet only, that simply " absurd " . Law the reporter understands on the weekend, at present new media already became one of important channel that consumer thought fors the time being gradually.
Ding Lei (alias) be senior from media person, he saves Zhenjiang in Jiangsu before this when city is away on official business, a famous public house booked the platform on the line to order " Gelinhaotai " high-quality goods hotel, the demonstrative card that goes to parking lot of the disclosure after the hotel and decorate the establishment such as the exterior everything is normal. But what after be being entered, get stuck through the door is peculiar, he discovers what ordered a holiday actually however " Gelinhaotai " . He tells to rule by law on the weekend reporter, the real name of hotel exterior is " Glyn " , is not " Gelinhaotai " . The customer service telephone call that shows on fascia is spacing, and number and actual number differ a number.
Ding Lei challenges on the spot inn-keeper, why " mountain fastness " hotel can go up this famous platform, argue of the other side says: "Be decorated anyway and establishment is mixed same really " . Under stretch, ding Lei the thing experience, sent friend ring, before long, have the relevant curator of this platform, contact him to make an apology, retreated total room cost.
"Platform of these have the aid of have the public house of false conduct propaganda and tort, dare undertake malfeasant, and speak plausibly and at length, the reason has at 2 o'clock: It is place executes the law nonfeasance; of the branch 2 it is that famous platform has indulgent suspicion, encounter this kind of situation, complain what gain satisfaction hard to solve. " Ding Lei tells to rule by law on the weekend reporter, go up actually that platform is ordered hotel and like fake is being bought on the net, complain dimension authority to let them leave a these mountain fastness public houses basic very difficult, they think generally, platform also does not have method, again they do not open false hotel.
Examine further through Ding Lei, visit discovery, there also are a few in Zhenjiang city really " Gelinhaotai " hotel, and these true hotel grading should be compared " false hotel " low. "As a result of us consumer chooses a hotel commonly is to see grading, do not take care to be able to be deceived. Do not take care to be able to be deceived..
The reporter understands, book the platform on the line besides this hotel in recent years, rangdinglei must be raised through new media " dimension authority old standard " , still some famous and integrated life serves platform and some famous frequency shares platform.
2016, ding Lei is served the Beijing on platform to hire a room to be annoyed often of black intermediary by some famous and integrated life, must report a case to the security authorities to police station, pass; of this matter of exposure of date of public of individual small letter at the same time last year, the first gear that Ding Lei discovers to oneself and dragonfly FM prepare a long time to be rolled out jointly starts frequency program formerly, appear in some without accredit famous frequency shares platform to go up, and the user need not pay cost can listen freely and download, subsequently Ding Lei is this matter exposure as much on date of public of individual small letter.
In 3 afore-mentioned things, because Ding Lei is industry senior from media person, famous power of degree of tall, transmission is vast, plus the friend inside the circle much, the attention of enterprise of relevant experience thing was caused immediately after article classics is given out, achieved successful dimension power.
Dimension authority won'ts do to be appealed to instead
To major average customer, this plants Ding Lei " an article is done calm " " be not normal thinking to counterpoise " means won'ts do. Want channel of Internet of have the aid of to walk along dimension to counterpoise " shortcut " , still can make oneself possibly deep-set sometimes awkward condition.
Recently, nanjing first floor dish selling office, gong Ming (alias) sit in the dimension on sand table model to counterpoise, cause sand table damage. Because sand table value does not poor, maintain square preliminary estimation to maintain the price to be controlled in 50 thousand yuan, accordingly Gong Ming does not have dimension authority to succeed not only, because be suspected of,destroy property blame intentionally instead by police lawfully criminal is detained.
Although have " sit sand table thought fors the time being " unsuccessful case, but believe to still many consumer are certain " the child that can cry has a grandma to eat " , through all sorts of simple, crude " be not normal thinking to counterpoise " means solves a problem.
A lot of suffer the person that visit to express consistently, adopt " be not regular pattern " thought fors the time being, investigate its reason depends on, talk things over to already did not have a likelihood, and relevant section idle at fulfilling obligation, litigant efficiency is compared again low, just pass so " be not regular pattern " thought fors the time being, this kind of means by force of but, but the effect is distinct.
An Shun does not suggest consumer passes Lai Weiquan of this kind of means. "Construction of government of our country law has gained certain success, accuse to the public the response that request is even more positive, deal with to also be jumped over hair is efficient. " he points out further, if consumer right gets enroach on, can pass the following 5 kinds of normal approaches solve: The first, negotiate processing; the 2nd, appeal to consumer society; the 3rd, complain; to the government sector the 4th, solve; through lawsuit the 5th, appeal to media.
A lot of to above " be not normal thinking to counterpoise " case, an Shunjian discusses the way with consumer dimension the most reliable authority is against a rainy day, look for professional personage to guard a pass ahead of schedule, strangle the risk that rights and interests suffers enroach on in first phase. After producing issue, seek a help to the lawyer for a short while, secure testimony, devise way of best dimension authority. In addition, he still hopes our country is in consumptive domain legislation and punishment of industrial and commercial administration carry out a respect, can think adequately the castigatory sex setting of baleful break a contact.
To creating the social source of this kind of phenomenon, an Shun thinks is law course development remains to carry above all fast (include to go force is changed insufficient, legal consciousness is insufficient, relevant compasses is made not perfect) ; is utilitarian next flush, alleged utilitarian those who point to is, be not weak advantageous position pointing to dimension square, point to party however each (include to superintend sectional) , especially baleful break a contact square.
