State Administration of Market Supervision： Regulate the rights and interests

Source: Business Observation Magazine Club

“Business Observation” reporter Xu Weipeng Beijing Beijing report

On April 9th, the State Council’s Journalism Office held a routine hair dryer meeting of the State Council to introduce the relevant situation of the “Regulations on the Implementation of the Consumer Rights Protection Law of the People’s Republic of China” (hereinafter referred to as the Regulations), and for online consumption, overlord clauses, online live marketing, prepaid payment, prepaid paymentConsumer rights protection questions such as consumer consumption are answered.

Focus on consumer pain points to block points difficulty

Regarding the original intention of the main background and policy formulation of the regulations, Guo Qiwen, the head of the Legislative Board of the Legislative Department of the Ministry of Justice, said that over the past ten years, the rapid development of my country’s economic and social development, especially the platform economy, and other new modes have emerged. Work faces some new situations and problems.In the field of traditional consumption, problems such as false propaganda, “overlord clauses”, prepaid “refund difficulties”, “roll running roads” are prominent; in terms of online consumption, operators abuse technical means, platform rules, their own advantages, etc.There are many things that violate consumer rights.Pseudo -counterfeit marketing, fakes and inferiority in live broadcasts, and problems such as “price discrimination” and “big data killing” have also attracted widespread attention.

Guo Qiwen said that the Ministry of Justice, together with the State Administration of Market Supervision, focuses on the pain points of the current pain points that consumers pay attention to, and improve relevant regulations within the basic framework of the Consumer Rights Protection Law.The first is to refine and supplement the relevant provisions of the Consumer Rights Protection Law. Obligations to ensure the safety of consumers’ personal property, defecting product treatment, clear price price, and format terms, as well as protectionThe obligations of aspects have been further refined and supplemented.The second is to improve the relevant provisions of online consumption, stipulate that operators shall not force consumers to purchase goods or accept services, and shall not implement “price discrimination” and “big data killing”; live marketing platform operators shall fulfill the obligations of consumer rights in accordance with the law.The third is to standardize pre -paid consumer business activities, which clarifies the relevant rules of receiving and refunding prepaid for operators.The fourth is to strengthen the protection of government consumer rights and interests, stipulating that the relevant administrative departments should handle consumer complaints and reports in a timely manner, and increase supervision and inspection and law enforcement.Fifth, the consumer association’s performance requirements are clarified, and the active role of the Consumer Association in protecting the legitimate rights and interests of consumers is given full play.In addition, while strengthening the protection of consumer rights and interests, we pay more attention to reshaping the good market operation order.

Refine online live marketing supervision

While live broadcasting is becoming more and more popular, false marketing behaviors continue to occur.Kuan Xu, director of the Law Enforcement and Inspection Bureau of the State Administration of Market Supervision, said that in the past 5 years, the scale of live e -commerce market has increased by 10.5 times. At the same time, the increase in complaints has increased by 47.1 times, which is significantly higher than that of traditional e -commerce.The regulations have made five aspects of online consumption, which are also applicable to live broadcasts.On this basis, the regulations have also made many regulations on the characteristics and outstanding issues of live broadcasts.

In terms of strengthening information disclosure, the regulations stipulate that the operator provides goods or services through the Internet, television, telephone, mail order, etc., shall indicate or explain its true name and mark on its homepage, video screen, voice, product directory, etc.EssenceIf other operators actually provide goods or services, they shall also provide consumers with information such as the name, business address, and contact information of the operator.

In terms of improving platform management, the regulations stipulate that operators of live marketing platforms shall establish and improve the protection system for consumer rights and interests, and clarify the consumer dispute resolution mechanism.If a consumer controversy occurs, the live marketing platform operator shall provide the necessary information such as the relevant information of the live operator, the relevant information of the live marketing marketing personnel, and the relevant business activities record according to the consumer’s requirements.During the dispute, actively assist consumers to protect their rights and effectively improve the after -sales experience.

In terms of regulating marketing behavior, the regulations stipulate that if the live broadcast content issued by the live broadcast operator and live marketing personnel constitutes commercial advertising, it shall perform advertising publishers, advertising operators or advertising spokespersons in accordance with the relevant provisions of the “Advertising Law of the People’s Republic of China” in accordance with the relevant provisions of the “Advertising Law of the People’s Republic of China”obligation.

Standardize prepaid consumption

In recent years, consumers have reported their liquidated breach, service shrinkage, refund, and even rolling running incidents in prepaid consumption.Guan Xu said that standardized prepaid consumption is also a focus of legislation of this regulation.

Guan Xu said that the regulations mainly strengthen the obligations of operators from three aspects.The first is to establish a “written contract” obligation.The operator shall establish a written contract with consumers, and agreed that the specific content, price or expenses of the commodity or service, the method of refunding the payment, and the liability for breach of contract shall be strengthened.Difficulty in proof when defending rights.

The second is to strengthen the obligation of “performed by contract”.The operator shall provide goods or services in accordance with the agreement with consumers, and shall not reduce the quality of goods or services, and shall not increase the price at will.If the operator is not provided in accordance with the agreement, it shall perform the agreement or refund the prepaid in accordance with the requirements of the consumer.

The third is to clarify the obligation of “informing things”.If the operator has a major operating risk, it shall stop collecting prepayments; if the operator decides to suspend or migrate service venues, consumers shall be informed in advance to continue to fulfill their obligations or refund the prepaid balance that has not been consumed.Even if the operator does not have subjective faults, it will cause the contract to be unable to perform or significantly increase the cost of consumer performance, and the regulations will also give consumers the right to terminate the contract.