Superintend not vacancy, legal disaccord rare mud, popular wishes not aphonia, dishini turns over a bag to check incident ability to get inside legal frame appropriate is solved.
Civil | Liu Changsong
Shanghai Dishini " prohibit bringing food oneself " and " examination searching a bag " incident, caused public opinion storm still was not appeased.
According to people network coverage, disappear of Shanghai Pudong new developed area is protected appoint disclosed a few days ago, in the light of " compulsive search is wrapped " problem, dishini does not accept Shanghai mediation, proposal consumer counterpoises through judicatory way dimension. Shanghai Dishini the view that the respect gives out is, searching a bag is " should the requirement of relevant section " , but reject to divulge specific it is which branch. In disappear assist the expert points out, relevant superintendency section cannot vacancy, answer to undertake investigating according to legal provision.
Since public feelings ferments, although turn over packet of examination to cause many discussion of industry and legal personage, but at this late hour, dishini still does not accept the Shanghai that is in where the wind and the waves are highest disappear is protected appoint mediation, this takes seriously what clear put oneself in another's position reveals pair of law not quite: Ransack to be able to be carried out by legal process by the judiciary only, shanghai the respect does not have Dishini this influence, program of its search bag is suspected of breaking the law with tort.
Dishini faces Shanghai nowadays in disappear assist chief says before this " Eden search the person is different from install check, lawbreaking, character having damage " apathetic, face local disappear to protect appoint mediate not active also echo, this lets a lot of people feel be at a loss what to do. But no matter be,go to law< actually, still send a hope to be superintended at administration, want to safeguard consumer rights and interests, have a plenty of the action of broken solution.
Beyond question, by tourist to lodge a complaint, use statute will decide cent to stop contend for, invite all problems and dispute solve inside the frame of park law, it is the most authoritative medium of course.
The undergraduate small king that comes from Shanghai at present told Dishini the court, put forward two lawsuit request. It is to ask to affirm Shanghai Dishinile prohibits field the format provision that the tourist carries food to enter garden is invalid, 2 it is requirement Shanghai Dishinile recoups a loss field 46.3 yuan. Current, court of Pudong new developed area already with " service contract dispute " for put on record of brief of a case, and sessional already, expect this lawsuit can give out to try a result fairly.
It is besides this, by disappear assist wait for organism to be opposite directly Shanghai consumes commonweal lawsuit since Dishinidi, also there is no lack of feasibility. Face Dishini the company with such system giant capacities, by relevant disappear assist the consumptive commonweal lawsuit that mention, than the lawsuit of illicit main body that consumer individual mentions, have an advantage more.
Main body comes from this kind of advantage now law, system and financial capacity, intellective support.
It is " code of civil law " with the supreme court the 55th times special judicatory explanation makes clear a regulation, numerous to enroach on consumer adds up to right beneficial to wait damage a society the behavior of public interest, the office that law sets and concerned organization is OK to people court to lodge a complaint.
2 it is disappear assist organization mutual the assistance between cooperates, and the support that gains director branch easily, obtain evidence in investigation on achieve better result.
3 it is the expert group that has oneself, stronger financial capacity is propped up, these can be ensured obtain first-rate lawsuit result.
The disappear in taking assist accuse Lei Wo weighs the 4 the accused such as labour to violate production to sell case of litigation of motor tricycle commonweal is exemple, in 3 years of time, in disappear assist wait for relevant section check to ministry of letter of national office, the Ministry of Communication, industry, get each consumer institute organizations cooperate the whole nation, "Involve an area extensive, include province of Nei Monggol Autonomous Region, Jilin, Heilongjiang to save and other places, investigated 100 many witnesses " , this is not an individual apparently can be competent.
Besides legal measure, the superintendency of concerned branch also cannot vacancy. " consumer rights and interests protects a law " the 56th regulation, operator has honor of moral quality of enroach on customer, violate consumer person freedom or one of 10 kinds of case such as the right that information of individual of enroach on consumer receives protective lawfully, other perhaps concerned service should instruct department of industrial and commercial administration its are corrected, can according to clue weight, sheet is in or be in a warning, confiscate illegal earning, part in order to violate earning 1 times above 10 times the following amerce, did not violate earning, place with 500 thousand yuan of the following amerce; The clue is serious, instruct close down to rectify, revoke business charter.
Although exercise of fair check scheme ransacks powers and authorities of office, also must show search warranty to just can do it, as the enterprise, shanghai Dishini is wrapped to client search, enroach on consumer dignity and individual information. I think, concerned branch is necessary to undertake superintendency lawfully to its apparently.
In the final analysis, shanghai Dishini " prohibit bringing food oneself " wait for a practice probably withstand legislation thinks, but in jural have not a leg to stand on " compulsive search is wrapped " , must get keep within limits.
Superintend not vacancy, legal disaccord rare mud, popular wishes not aphonia, also have only such, dishini turns over a bag to check incident ability to get inside legal frame appropriate is solved.
Liu Changsong (solicitor of office of Beijing admire general attorney)
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