Cctv news(Focus Interview): It’s the annual "March 15th" International Consumer Rights Day again. In recent years, online consumption has accounted for an increasing proportion of people’s consumption. Since 2013, China has become the world’s largest online retail market for many years. However, with the rapid development of platform economy, there are more and more disputes about online consumption. In this year’s two sessions, the Supreme People’s Court mentioned in his work report that a judicial interpretation of online consumption was issued to regulate live delivery and take-away catering, so that online shopping can be bought and used with peace of mind. This judicial interpretation came into effect on March 15th.
In online shopping, the merchant promises to pay 10 or even 100 for a fake. What if the other party refuses to pay compensation according to the promise after a dispute occurs? If you buy clothes, can you really not return them if the merchants clearly indicate that they don’t support returning them? Online live shopping, compensation, I don’t know who to look for, how to judge? Have you encountered these troubles in online shopping? Starting today, online shopping consumers have taken another reassurance, and the Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Laws in the Trial of Internet Consumption Disputes (I) has been formally implemented.
Liu Junhai, a professor at the Law School of Renmin University of China, said: "There are 20 judicial interpretations of online consumption. Although there are not many words, they are concise and touch on the pain points, difficulties, hotspots and doubts in our online consumption. It should be said that this judicial interpretation of online consumption is very grounded and beneficial to people’s livelihood."
Then, what are the "pain points, difficulties, hot spots and doubts" touched by this judicial interpretation? Actually, it’s right next to you and me.
In recent years, online consumption has become more and more mainstream in mass consumption. By June 2021, there were 812 million online shopping users in China, accounting for 80.3% of the total number of netizens. At the same time, the infringement of online shopping consumers’ rights and interests has become more and more prominent, and the number of online consumption dispute cases has increased significantly. In the face of these new changes, the previous related laws also encountered some new problems that were difficult to solve in practice. Therefore, this judicial interpretation was introduced at the right time. Then, how will this judicial interpretation help us safeguard our legitimate rights and interests?
Highlight 1: Clarify the main responsibilities of all parties selling goods in live webcasts.
Consumer Mr. Wang bought a diet candy highly recommended by anchor online celebrity on a well-known live broadcast platform. After eating it several times, he suffered from severe diarrhea. After testing, this online celebrity diet candy contained "sibutramine" which was banned by the state. After the intervention of relevant departments, it was found that it was not easy to find the source of products.
Ying Jiande, deputy head of the comprehensive administrative law enforcement team of Taizhou City, Zhejiang Province, said: "Online sales are difficult to be detected by supervision. It is found in one area, but they are sold through the Internet nationwide, and its packaging is easy to change. When you find out that this product is illegal, it may have changed a packaging, so you can’t check it."
It is not uncommon to find that there is something wrong with the product you bought, but you don’t know who to look for and no one to take charge of it. In recent years, the development of webcasting with goods is very rapid. Because its marketing model is intuitive and interactive, it is favored by many consumers. While we get convenience and fun, we also find that there are many chaos behind it.
In recent years, the number of complaints about online consumption has declined as a whole, but the complaints about live webcasting have risen instead of falling, and the problems in live webcasting need to be solved urgently.
Among the 20 judicial interpretations issued this time, 7 are related to live webcasting. These seven provisions point to a common direction, that is, to clarify the main body of responsibility of all parties and their respective responsibilities.
Compared with other marketing methods, webcasting involves many subjects and complicated links, and it is easy for all parties to pass the buck when problems arise. In view of this situation, this judicial interpretation clearly expounds the responsibilities of the operators in the platform, the operators in the live broadcast room and the online live broadcast marketing platform according to the different situations in which consumers’ rights and interests are infringed.
Liu Min, vice president of the Supreme People’s Court No.1 People’s Court, said: "For the operator, if his staff members make false propaganda and cause damage to consumers’ rights and interests during the live webcast, we say it is his duty behavior, and as the operator, he should bear the responsibility of the seller. Regarding the responsibility of the operator of the live broadcast room, the judicial interpretation stipulates under what circumstances it is the responsibility of the operator of the live broadcast room. "
In a case similar to that of Mr. Wang, the platform often claims to be the behavior of the live broadcast room, which has nothing to do with itself. For this kind of pot-throwing behavior of the platform, the judicial interpretation clarifies the responsibility of the platform with three provisions: if the webcast platform cannot provide the real name, name, address and effective contact information of the live broadcast operator, consumers can request compensation from the platform. If the platform does not review the food business qualification of the webcast room, it will bear joint and several liability when the legitimate rights and interests of consumers are damaged. If the platform knows or should know that the goods sold in the webcast room do not meet the requirements of protecting personal and property safety, or there are other acts that infringe upon the legitimate rights and interests of consumers, it shall bear joint and several liability if it fails to take necessary measures.
Liu Junhai, a professor at the Law School of Renmin University of China, said: "The operators of the live broadcast rooms in the platform are selected by the platform, and they must be at least qualified to make a reasonable audit and appraisal of their products and models. However, deliberately indulging, turning a blind eye and closing one eye, many live broadcast operators are small enterprises, shooting a shot for a place, grasping the platform, and consumers’ rights protection will be fundamentally grasped. "
Highlight 2: Clarify the invalid format terms of online shopping.
"Our store reserves the final right to interpret the above terms" and "This product does not support return". How do you feel when you see the statement made by the store online? Consumers can only silently accept or walk away.
This overlord clause is one of the standard clauses. The so-called format clauses are generally contracts drawn up by the dominant party alone. Without consultation with the other party, the other party can only choose to accept or not. In online consumption, format clauses are generally formulated unilaterally by operators, who often give themselves more rights and make consumers assume more obligations. Although consumers are generally dissatisfied with the overlord clause, few people pay attention to what format clauses merchants have when they actually buy online.
Regarding the overlord clause, there are relevant provisions in the Civil Code and the Consumer Protection Law, but it is not clear enough, so there are still some problems that are difficult to solve in practical application.
Jian Chen, director of the Complaints Department of the China Consumers Association, said: "Consumers are not all legal experts. In fact, consumers often pay attention to the issue of format clauses when there is a dispute, so they are often reflected in complaints, but once they enter a dispute situation, the existence of format clauses becomes an important content that hinders consumers’ rights protection."
In the judicial interpretation issued this time, the first article points out that five format clauses that are not conducive to consumers are considered invalid. These five terms are familiar to almost everyone. For example, the consignee’s receipt of the goods is regarded as recognition that the quality of the goods conforms to the agreement, and the e-commerce operator has the right to interpret unilaterally or finally. Starting from today, even if such terms are clearly marked by merchants, they cannot hinder consumers from legally safeguarding their rights.
Highlight 3: Improve the takeaway catering platform and the operator’s responsibility.
The younger brother of Mr. Qi, a consumer, had obvious discomfort after drinking milk tea bought on a take-away platform. When Mr. Qi decided to complain about rights protection, he found that this tea shop could not be searched on the takeaway platform. After investigation, the local Consumer Council found that the tea shop had been renamed, but on the page of this takeaway platform, the Consumer Council failed to find the qualifications such as business license and food business license that merchants should publicize. After investigation, this store does not have the qualification to manufacture and sell drinks.
In online catering, there are not a few shops like this tea shop that operate beyond the scope and still sell on the platform without any qualifications. You can deliver food to your door immediately without leaving home and placing an order with one button. This service method brings convenience to consumers, but at the same time, because of its virtual and cross-regional characteristics, it also makes consumers face various risks and hidden dangers.
In Jiangsu, a courier brother reported the restaurant because it was filthy. These shops that even the third party could not stand it were always able to open safely under the supervision of the online catering platform. Whether online catering can be operated in good faith has aroused great concern of the whole society. In order to protect consumers’ health and maintain food safety, this judicial interpretation clearly stipulates the platform’s audit obligation and operator’s responsibility.
Liu Min said: "As a consumer, it is difficult for him to judge whether the operators have food processing qualifications and whether they meet the requirements of our food supervision. In this case, it is more about the responsibility of the platform. In addition to administrative supervision, it is allowed to come in and operate, and the qualifications should be relatively reviewed. If problems are found, the report of this report, if the responsibility is not fulfilled, should increase the accountability and force the platform to perform its responsibilities. If the operator entrusts others to process food, then in this case, it cannot be excused on the grounds that the food is processed by others. "
Highlight 4: Improve the seven-day unreasonable return system.
When online shopping products are not satisfied and want to return them, many people will find that it is not so smooth. In online shopping, consumers can’t see the real situation of goods on the spot. Therefore, the Consumer Protection Law stipulates that online shopping goods can be returned for seven days without reason, which gives consumers the right to go back on their word.
Although the Consumer Protection Law has been implemented for many years, in practice, the problem of difficult return is still widespread. Now, the judicial interpretation has made more detailed and specific provisions, further clarifying that those who meet the conditions for returning goods must return goods without reason.
Liu Min said: "The judicial interpretation specifically stipulates that even if it is opened, it is necessary to open it based on whether the goods are qualified or not, and this kind of opening still needs to be returned. If the seller said that when selling, this law has stipulated that there is no reason to return the goods for seven days, and it has also made a promise that it can be returned for seven days without reason, and the return has to be returned. "
In addition, the judicial interpretation issued this time also clearly stipulates some other problems that need to be solved urgently in practice, such as off-platform payment, brushing, brushing traffic, prizes, gifts, redemption of goods, and promises higher than legal compensation. These regulations are specific and targeted, which can directly and effectively solve the problem.
The development of network economy is changing with each passing day, and new models and patterns are constantly emerging. Therefore, the formulation of laws should not only be based on the status quo, but also focus on the future, leaving enough exploration and practice space for market innovation.
Liu Min said: "At present, the first judicial interpretation is mainly based on the most common problems in practice, and it is also an urgent problem to be solved. Then we have made such a provision, and there are still many problems in the follow-up, and there will be new problems with the development of the industry. Exposure, so our current work plan is also based on steps."
Network consumption and platform economy are related to thousands of households. On March 15th last year, General Secretary of the Supreme Leader pointed out at the ninth meeting of the Central Financial and Economic Committee that it is necessary to improve the rules and regulations, speed up the improvement of laws and regulations on platform economy, make up the gaps and loopholes in rules in time, and promote the healthy and sustainable development of platform economy. To develop the platform economy, we should use it well and manage it well. In addition to the "online" system, the supervision should also be "online", the protection of consumers’ rights and interests should be strengthened, and the platform and businesses should be urged to operate legally and in compliance, so that we can have a safe, convenient and healthy online consumer market and the platform economy can develop healthily and continuously.
