The regulations for the implementation of the Law on the Protection of Consumer Rights and Interests came into force in July, making special provisions on prepaid consumption and live streaming

CCTV Beijing, April 9 (Reporter Hu Bo) According to the economic voice of China Central Radio and Television "Global New Financial News", this year is the 30th anniversary of the implementation of the Consumer Rights Protection Law. The first supporting administrative regulation of the Consumer Law, the Regulations for the Implementation of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests (hereinafter referred to as the "Regulations"), will come into effect on July 1 this year. The "Regulations" keep pace with the times and make special provisions on new fields and new problems such as prepaid consumption, live streaming, "overlord clauses", "big data killing", and difficulties in automatic renewal and cancellation. The Information Office of the State Council held a regular policy briefing this morning (9th), and the State Administration for Market Regulation and other departments introduced the relevant situation of the "Regulations".

The "Regulations" comprehensively increase the protection of consumers' rights to safety, the right to know, the right to make independent choices, the right to fair trade, the right to tranquility, personal information, etc., which is not only a protection of rights, but also a guide to action. In response to new issues in new fields such as prepaid consumption, live streaming, "overlord clauses", "big data killing", and automatic renewal, the "Regulations" have kept pace with the times and made special provisions.

Among them, regulating prepaid consumption is a key point of the "Regulations" legislation. The "Regulations" further strengthen the obligations of business operators from three aspects: establishing a "written contract", strengthening "performance according to the contract", and clarifying the "notification during the event".

Guo Xu, director of the Law Enforcement and Inspection Bureau of the State Administration for Market Regulation, introduced: "In view of the situation that operators reduce quality, cut corners, and shrink services, the "Regulations" For the first time, consumers are given the right to terminate the contract, and what the proprietor wants to refund is not only the balance of the advance payment, but also the performance of the contract and the breach of contract; the proprietor shall stop collecting the advance payment if there is a major business risk; and if the proprietor decides to suspend business or relocate the service premises, it shall inform the consumer in advance that it will continue to perform its obligations or refund the balance of the advance payment that has not been consumed. Even if the operator is not subjectively at fault, it will lead to the inability to perform the contract or significantly increase the cost of performance for the consumer, and the Regulations also give the consumer the right to terminate the contract. ”

In the past five years, the scale of the live broadcast e-commerce market has increased by 10.5 times, and the increase in complaints and reports has been as high as 47.1 times, which is significantly higher than that of traditional e-commerce. This shows that the development and regulation of the live broadcast e-commerce market are still unbalanced. Due to the large number of "front and backstage" subjects, the long chain of "people, goods and yards", the difficulty of "online and offline" management, and the difficulty of consumers to provide evidence, problems such as false marketing, mismatched goods, and difficulty in returning goods in live streaming are more prominent.

Guo Xu said: "The "Regulations" stipulate that if an operator provides goods and services through the Internet, television, telephone, mail order, etc., it shall indicate or explain its real name and mark in a conspicuous manner on its homepage, video screen, voice, product catalog, etc. Where other business operators actually provide goods and services, they shall also provide consumers with information such as the business operator's name, business address, and contact information. Live streaming must make it clear who is bringing the goods and 'whose goods are being bringed', which is the premise and bottom line of marketing. ”

At the same time, the "Regulations" also stipulate that if the live broadcast content published by live broadcast room operators and live broadcast marketers constitutes commercial advertisements, they shall perform the obligations of the advertisement publishers, advertising agents or advertising spokespersons in accordance with the relevant provisions of the Advertising Law.

Guo Xu said: "The Regulations have elevated the relevant content in the normative document "Measures for the Administration of Online Live Streaming Marketing" to a legal obligation, and clarified that the platform, live broadcast room and anchor are 'everyone's responsibility'. ”

In view of the problems of "big data killing" and the difficulty of automatic renewal and refund in online consumption, the "Regulations" also make clear provisions.

Liu Jun, deputy director of the State Administration for Market Regulation, said that "big data kills ripeness" is prohibited. "Tong Su is not deceitful, true is not the price", is not only the traditional Chinese business ethics, but also the bottom line of the modern market. The Regulations stipulate that business operators shall not set different prices or charging standards for the same goods and services under the same transaction conditions without the knowledge of consumers. This is also the first time that our country has regulated differentiated pricing in administrative regulations. To regulate "automatic renewal", the "Regulations" stipulate that the relevant business operators shall draw the attention of consumers in two conspicuous ways before consumers accept the service and before the automatic extension and automatic renewal, and shall also provide consumers with a significant and simple option to cancel or change at any time.

In recent years, while the unspoken rules of traditional services have been repeatedly criticized, new business formats such as performance booking, online travel, online entertainment, online shopping and express delivery, and medical cosmetology have become the hardest hit areas for the emergence of overlord clauses. The Regulations focus on such issues and are refined on the basis of the Law on the Protection of Consumer Rights and Interests. Guo Xu said that the "Regulations" stipulate that business operators shall not use standard clauses to unreasonably exempt or reduce their liabilities, increase consumers' responsibilities, or restrict consumers' rights to modify or terminate contracts in accordance with the law, choose litigation or arbitration to resolve consumer disputes, and choose the goods or services of other business operators. In the next step, we will vigorously carry out the "iron fist" action in the field of people's livelihood and the special law enforcement action to protect consumption, aim at the overlord clause, correct a batch, investigate and deal with a batch, and expose a batch, so as to effectively improve the consumer experience.

While strengthening the protection of consumer rights and interests, the "Regulations" pay more attention to reshaping the good market operation order. Guo Qiwen, head of the Second Legislative Bureau of the Ministry of Justice, introduced that for example, in response to issues such as complaints and reports and the application of punitive damages, which have been of great concern to all aspects of society for many years, the "Regulations" emphasize that consumers should protect their rights in accordance with the law and shall not use complaints and reports to seek improper benefits while smoothing the channels for complaints and reports and improving the acceptance mechanism. At the same time, it stipulates that those who obtain compensation by fraud or extort business operators by means of entrainment, subcontracting, falsification, fabrication of facts, etc., shall be dealt with in accordance with the Law on Public Security Administration Penalties and other relevant laws. While further clarifying the obligations of operators, the "Regulations" also create a good market environment for operators to operate legally.

Liu Jun pointed out that as the first supporting administrative regulation of the Consumer Law, the "Regulations" have played a role in connecting the previous and the next, and have important milestone significance in the development of the protection of consumer rights and interests in the mainland.

"This year marks the 30th anniversary of the implementation of the Consumer Law, and the Regulations will come into effect on July 1. However, the construction of the consumer environment is endless, and the protection of consumer rights and interests is always on the way. Liu Jun said.

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