Comment丨 "Law students sue Apple for not sending chargers", such a public interest lawsuit may wish to come to a dozen

For such a "sharpening knife" practice and application of learning, it is advisable to give more encouragement and support.

Recently, the related topic of "law students suing Apple for not sending chargers" rushed to the hot search, causing concern. According to media reports, because Apple's new products no longer give power adapters, in May this year, students from Beijing University of Chemical Technology and Donghua University teamed up to sue Apple in court, requesting that Apple be ordered to deliver the mobile phone charger and bear the liability for breach of contract, pay a liquidated damages of 100 yuan and bear the litigation costs. The case was heard in the first instance in September this year, and in court, the plaintiff and the defendant presented evidence for cross-examination. At present, the case is still in the stage of supplementary evidence and written materials.

In response to this case, many netizens expressed support for rights protection, but some people believe that this behavior is purely rubbing heat.

To be honest, there is nothing wrong with the "rubbing heat" itself, the key is to see, what is rubbed, why is rubbed, and how to rub. On the surface, Apple's new products no longer give away power adapters, which is just a problem of the sales model of a foreign company's products, but in fact, it is a big problem related to the rights and interests of tens of millions of consumers. A power adapter is not worth a few dollars, but it cuts both the company's cost and the convenience of the consumer. Customers want to buy separately, and this part of the consumption is not a small amount accumulated.

Apple is very famous, but having fame does not mean that "tiger's ass cannot be touched", and it cannot be said that once there is a dispute with it, it is that others have ulterior motives and want to take advantage of the opportunity to hype. According to China's Consumer Rights and Interests Protection Law, consumers' rights and interests such as the right to know and the right to fair trade are clearly protected. Students from Beijing University of Chemical Technology and Donghua University, as consumers, to protect their own rights and interests, can be said to be reasonable, legally based, "rubbing" is just and upright.

Jumping out of the individual's trap and entering the world of public interest litigation, it is even more necessary to give these college students a "challenge" to litigation with social feelings. Starting from the iPhone 12 series, Apple's mobile phone product packaging box is no longer equipped with power adapters and headphones, Apple unilaterally explained that it is for environmental considerations, but in fact, it has the suspicion of reducing production costs and peddling wireless chargers. For the majority of consumers, it is necessary to pay more for this "reason" and bear more inconvenience. What is more worrying is that following Apple's "environmental protection" footsteps, some other manufacturers have also begun to "reduce allocation" in the name of environmental protection, which in turn has affected more consumers. Law students sued Apple for not sending chargers, and once supported by the court, the actual beneficiaries will be more consumers.

In addition, law students can also sharpen their professional edge. Staying in the ivory tower is at best a rich theory, and the law students who go to the big stage of society in advance, test their knowledge in the form of public interest litigation, increase their skills, and connect with the ground gas can know what the real society is, and how to make the full belly of the law into reality and become a heavy right to win the lawsuit. Before leaving the campus, they have been baptized by the storm of litigation practice, and when they really step into the society, they will be more mature and calm. Therefore, for such a "sharpening knife" practice and application of learning, it is advisable to give more encouragement and support.

According to reports, the legal student team fighting on the stage of public interest litigation is not alone. In a creative litigation contest called "Small Town Cup" Public Welfare Star, there have been many public interest litigation "blockbusters", such as suing Shanghai Disney for banning food, suing the national auction house to charge a 100 yuan handling fee, and so on. This year is also the seventh "Small Town Cup" Public Welfare Star Creative Litigation Competition, attracting more than 20 colleges and universities and 126 teams from all over the country, including hong Kong special administrative region players. The success of many consecutive events has been well received by the public, and to some extent, it has also confirmed that this series of events has better achieved the balance between public sentiment and professional training, which is worth promoting. Of course, the public interest litigation competition is related to the public welfare, and it is also necessary to reflect more private hosting and public participation, so that more colleges, students, and organizations can participate in it, display their talents in the stage of public interest litigation, and bring more benefits to the public.

Red Star News Special Commentator Liu Yuting (Legal Scholar)

Edited by Wang Yaotao

Red Star Review Submission Email: [email protected]

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