What behaviors should be counterfeited most？ 80.8% of the public refers to false advertisements.
"For more than a decade, consumers have awakened." He Shan, vice president of china law society Consumer Rights Law Research Association, said.
On April 24th, 1996, He Shan bought two "paintings" by Xu Beihong from a firm. One month later, he appealed to the Xicheng District Court of Beijing on the grounds of "suspecting that they are fake". This case is called "the first lawsuit case of suspected fake buying in China", and He Shan became the first person to go to court for suspected fake buying and win the double indemnity.
"In the early 1990s, fakes were everywhere. In 1993, the "Consumer Law" was finally worked out, but at first no one asked double indemnity. In the second half of 1994, a Wang Hai appeared. The success of Wang Hai’s claim has greatly promoted the propaganda of "eliminating the law". However, Wang Hai has repeatedly hit a wall by relying solely on news and public opinion to solve the claim problem. " He Shan, one of the drafters of the Law on the Protection of Consumer Rights and Interests, described his mood when Wang Hai called from other places to report that the fake merchants refused to pay compensation. "The anxious mood is like a child getting sick." In order to "eliminate the law" and implement double indemnity, "I had to have the cheek to buy fake paintings".
It is another year of "March 15th". What is the current situation of consumer rights protection? Last week, the Social Investigation Center of China Youth Daily conducted a survey with 26,439 participants. The results show that when consumers’ rights and interests are infringed, 67.3% of the public clearly indicated that they would try their best to protect their rights, 29.8% would depend on the situation, and only 2.9% would not.
53.0% people think that "calling 12315" is the most effective means of safeguarding rights.
"You go and see, how many rights cases are there every year? How many double indemnity? " He Shan said that safeguarding rights is no longer a trivial matter, and the sale of commercial housing constitutes fraud, so we still have to pay double the money.
This poll found that the public is most worried about the quality of "food" and "medicine", with 72.3% and 59.3% choosing this option respectively. Followed by: catering (33.0%), electronic products (32.1%), clothing and makeup (22.7%), real estate (20.0%), education and training (17.2%), household appliances (16.0%), financial services (14.4%) and telecommunications (13.7).
Zhang Yanfang, executive director of china law society Consumer Protection Law Research Association, often receives some calls for help from the scene of disputes. "Two days ago, a student called and said that he was in Zhongguancun and bought a computer and was slaughtered. He asked what to do. First of all, we should collect quotations and calmly ask the merchants if they took the wrong ones; If you can’t, complain; If you can’t do it again, remember the booth number and file a lawsuit. " Zhang Yanfang told him.
What is the most effective way for consumers to protect their rights? This survey shows that "directly looking for a business to return goods or compensate for losses" has become the first choice (56.0%), followed by: exposure to the mass media, calling 12315, online exposure of complaints, complaints to the administrative department, and prosecution to the court.
In the survey, 53.0% people think that "calling 12315" is the most effective means of safeguarding rights. "Very well done, at least meet the needs of 70% people. Call 12315 when something goes wrong, and many people have this awareness. " Zhang Yanfang said that there is still room for further development in 12315.
As a representative of Beijing consumers, Zhang Yanfang participated in the hearing of mobile roaming charges held last year. Referring to the high-profile hearing, she said that it would be a touch to consumers, but she still felt weak. "For the hearing, I ran through several provinces and several companies to ask for materials. But how much information can five consumer representatives have? It would be much better if there could be a large complaint network and the information would come out as soon as it was searched. "
The complaint network she envisioned is to expand 12315 into a larger complaint platform. "Recommendation 12315 refers to the practice of 122 and 110. Where something went wrong, there were complainants coming to the scene to collect and mediate immediately. And establish a perfect complaint network, as soon as there is a complaint, immediately enter the database. If a product is complained by more than three provinces, it means that there is a problem with this product and it will be discovered soon. "
63.6% people think that the biggest obstacle to safeguarding rights is lack of confidence in success.
In the Internet age, many people choose to seek help through the Internet. In the survey, 39.3% people think that "online exposure and complaint" is the most effective way to protect rights; 43.1% of people said that the most feared thing for businesses is exposure, and infringement should be exposed online.
Ye Maoliang, who lives in Wenzhou, is often woken up by the bell of PHS in the middle of the night, followed by a sentence, "Old Ye, help …" As the moderator of the real-name registration of the "tanning table" of Wimbledon forum, he receives more than a dozen such calls every day. It is said that hundreds of thousands of Wenzhou citizens have his number in their mobile phones.
Ye Maoliang has done many incredible things. For example, he sued the Agricultural Bank of China for not getting the invoice after being charged, and four months later he got the first service invoice of "annual fee of savings card" in China. In February last year, he fought an eight-month lawsuit with a communication operator for the information fee of 20 cents, and finally the operator corrected the unreasonable charging method.
In the local supermarket, he is also an "old acquaintance". When a new salesman comes, the supermarket manager will specifically tell him: If there is such a person, he must follow closely when he comes, and remember what he bought. Come back and check if there is any problem with this thing. If there is a problem, please take it off the shelf without waiting for a complaint. With such a "deterrent", Ye Maoliang now doesn’t think it is difficult to defend his rights. However, he said: "At present, the law can only protect those who know the law, and most people still don’t know much about the law, which is the biggest obstacle to their rights protection."
Why are some consumers unwilling to defend their rights? 63.6% people have no confidence in the success of safeguarding rights, 56.4% people don’t know who to look for, 54.2% people don’t think it’s worth wasting time and energy, and 44.1% people have looked for it before but failed to solve the problem.
Ye Maoliang said that safeguarding rights must be adhered to, and many people are easy to give up halfway, finding it difficult and unaffordable to win the case. In fact, as long as you stick to it and cooperate with some skills, you can generally solve it.
"But rights protection can’t be exorbitant, and it can’t be 50,000 or 100,000. As much as the law stipulates, and how much transportation expenses and lost time are delayed, we must come up with corresponding basis. Civil rights protection must be reasonable and legal. Under this premise, it will generally succeed. " He said.
Some people suggest amending the Law on the Protection of Consumers’ Rights and Interests to increase consumers’ right to go back on their word.
In the survey, 74.1% people expressed the hope that every day is "March 15th", not just on March 15th.
He Shan also has such a wish. But he said that we can’t do this yet, and the illegal operators are still stubborn, so we have to fight them for a long time. At present, the situation of safeguarding rights has greatly improved, one of the reasons is the rise of consumer power, "consumers are the natural enemies of illegal businesses."
62.8% people said that the most important thing is to establish a credit mechanism of the whole society, otherwise consumers will feel insecure; 36.4% people call for the establishment of enterprise credit mechanism.
Zhang Yanfang suggested amending the Consumer Protection Law. First of all, the definition of consumer should be redefined. "It used to be said that knowing and buying fakes is not a consumer. Does it count now?" Does non-operating investment and financial management count as consumers? Does the patient count? Education other than compulsory education has not received the corresponding teaching quality after paying tuition fees. Can you complain? "
The second is that punitive damages should be put on the agenda. "A bag of milk powder 20 yuan, even if it is 10 times compensation, that is, 200 yuan, is too light"; Third, there must be a "right of repentance", especially for long-distance shopping.
In the survey, 45.0% people said that not only the actual goods, but also the dishonest behavior in society should be included in the scope of "3.15" counterfeiting.
Lawyer Zhang Xingshui, who has been in contact with consumer rights protection since 1994, suggested changing "March 15th" from "Consumer Rights Day" to "Citizen Integrity Day". "On this day, all dishonest behaviors can be exposed. Emphasize that all natural persons and legal persons are honest. Enterprises don’t lie, academics don’t plagiarize, the press doesn’t make fake news, and the legal profession doesn’t make unjust, false and wrong cases … "
What behaviors should be included in the scope of 315 anti-counterfeiting? The survey shows that 80.8% people choose "false advertisement" and 69.0% people choose "false report", followed by "SMS fraud" (64.1%), "false certificate and false invoice" (62.3%), "street deception" (50.1%) and "academic fraud" (50
Cartography: Yang Daxin
Editor: Li Xiuwei