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11

2022

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03

China Consumers Association "2021 Report on the Protection of Consumer Rights and Interests in the Field of Online Consumption"


On March 11, the China Consumers Association released the "2021 Consumer Rights Protection Report in the Field of Online Consumption".

The "Report" believes that in 2021, my country's online consumption and digital economy-related policies will undergo important changes, from focusing on creating a more relaxed and flexible development environment for the development of the digital economy to emphasizing standardized and healthy development, requiring both development and supervision.

The "Report" pointed out that important progress will be made in the protection of consumer rights and interests in my country's online consumption field in 2021: In terms of legislative protection, my country's legislative, administrative and judicial organs have promulgated or implemented the Civil Code, Data Security Law, Personal Information Protection Law, Measures for the Supervision and Administration of Online Transactions, Anti-monopoly Guidelines on Platform Economy, Implementation Rules for Fair Competition Review System, and many other laws, administrative regulations, departmental rules, judicial interpretations or norms related to online consumer protection To speed up the improvement of the legal protection normative system for online consumers. In terms of judicial protection, the people's courts have actively explored and tried judicial innovations, made useful explorations on the application of the punitive damages system in consumer civil public interest litigation, attached importance to the summary and promotion of judicial experience related to online consumer protection, and conducted trials in various forms. Guiding work, promulgating the "People's Courts Online Litigation Rules" to regulate online litigation activities such as filing, mediation, inquiry, evidence exchange, court hearing, judgment announcement, and enforcement, which greatly reduces the difficulty for online consumers to seek judicial protection and reduces the cost of rights protection. In terms of administrative protection, in 2021, the market supervision system and other administrative authorities will continue to strengthen law enforcement in the field of online consumption, improve supervision rules, strengthen supervision, develop supervision ideas, innovate supervision methods, increase anti-monopoly supervision, and strictly investigate and punish according to law In the fields of e-commerce, food delivery, and community group purchases, the society strongly reflects monopoly and unfair competition behaviors such as "choose one out of two", price gouging, and low-price dumping. In terms of social protection, the National Consumers Association actively promotes the construction of online and offline complaint channels, improves the reconciliation mechanism for online consumer complaints [enter the black cat complaint], and conducts relevant market entities on typical issues in the field of online transactions that damage consumers' rights and interests. Supervision, and brought consumer civil public interest litigation against a variety of illegal online business activities, and achieved good results. The role of public opinion supervision in the social protection of online consumers has also been continuously strengthened. News media have helped online consumers solve the process of rights protection to a certain extent by carrying out news and public opinion supervision, publishing information on rights protection and seeking help, exchanging rights protection experience, and popularizing rights protection knowledge. difficulties and obstacles.

The "Report" believes that, along with the increasingly wide range of rights protection channels, online consumers' awareness and enthusiasm for rights protection are increasing, their demand for quality consumption has increased significantly, their identification capabilities have been continuously improved, and more green consumption and rational consumption are advocated and practiced. impulse spending. With the improvement of online consumers' awareness of rights protection and the development of rights protection actions, online trading platforms and operators within the platforms are forced to operate with integrity, and continue to promote the healthy and orderly development of my country's online consumption ecology.

The "Report" pointed out that the violation of the legitimate rights and interests of consumers in the field of online consumption in 2021 cannot be ignored: first, some products and services have quality defects, which are more prominent in new e-commerce formats, such as live broadcast marketing and social software marketing; second It is a violation of the security of consumers' personal information, and the illegal collection, analysis, and use of consumers' personal information by technical means such as data and algorithms often occur; third, with the development of new online consumption formats, especially the development of online live broadcast marketing, The manifestations of false propaganda by illegal online transaction operators are more diverse; fourth, online operators widely use unfair standard terms, such as the use of self-exemption clauses, clauses restricting the rights of consumers, and clauses aggravating consumers' obligations or responsibilities; fifth It is to use prepaid consumption to harm consumers' rights and interests, refuse to provide reasonable exit channels, refuse consumers to transfer their contractual claims, or set up unreasonable obstacles for consumers to transfer their claims; sixth, the logistics link harms consumers' rights and interests, loss of express or delayed delivery, Inaccurate logistics information, unauthorized storage of express in express cabinets or collection points, refusal to deliver to your door without justifiable reasons, and arbitrary express charges occur from time to time; the seventh is to prevent consumers from seeking after-sales protection and abuse the right to return without reason Issues such as rules and the requirement for consumers to bear the return and exchange freight charges for returns and exchanges due to defective product quality are frequent; eight is to prevent consumers from making truthful evaluations of the quality of goods or services, or to use technical means to prevent consumers from making real evaluations, or for consumption The consumer evaluation time limit set by the author is unreasonable, etc.

The "Report" puts forward five suggestions from the perspective of strengthening the protection of consumers' rights and interests: First, starting from the practical needs of better protecting online consumers, consider revising the "Consumer Rights and Interests Protection Law" again, especially for live broadcast marketing, community group purchases, etc. Regulation of online consumption in new business formats. Promulgate the "Consumer Rights Protection Law Implementation Regulations" as soon as possible. The second is to accelerate the comprehensive implementation of the small claims system, simplify the dispute handling procedures, reduce the cost of rights protection, and improve the efficiency of dispute handling. On the basis of summarizing the judgments of relevant cases, the relevant judicial interpretations should be revised in a timely manner to allow claims for damages in consumer civil public interest litigations to meet the practical needs of consumer protection. The third is to continue to formulate and improve relevant regulatory rules and regulations. While continuing to strengthen the supervision of traditional e-commerce, explore new forms of online consumption supervision methods and measures, and try to integrate and establish a new type of online consumption disputes involving multiple regulatory departments. Coordinate the special mechanism for supervision to achieve precise and effective supervision. The fourth is to urge online trading platforms to strengthen the management of the exaggerated propaganda behavior of operators on the platform, strengthen the warning of consumer transaction risks, and actively provide consumers with accurate information on operators on the platform, transaction evidence and access to rights protection channels for consumer rights protection. Fifth, make full use of Internet + supervision and big data processing technologies, establish a more effective online consumer complaint and early warning mechanism, and issue accurate consumer risk reminders in a timely manner.