First, consumer identification
The so-called consumer refers to the individual who purchases various products and services for the purpose of personal consumption and use or the individual user of the final product.
Article 2 of China's Consumer Protection Law defines the behavior of "buying, using goods or receiving services for daily consumption" as the consumer's consumption behavior. According to this regulation, the so-called consumer refers to an individual who buys, uses goods or receives services to meet the needs of life, whose dominant position is confirmed by special state laws and whose consumption rights and interests are protected.
Second, the promulgation of the consumer rights protection law:
1993, 65438+1October 3 1, adopted at the fourth session of the 8th the NPC Standing Committee, and shall come into force on 1994, 65438+1October 3 1. On August 27th, 2009, the 10th meeting of the 11th NPC Standing Committee revised the Provisions on Amending Some Laws for the first time. 2013101On October 25th, the Fifth Session of the 12th the National People's Congress Standing Committee (NPCSC) made the second revision to the Decision.
20 14, 14 On March 5th, the new version of the Law on the Protection of Consumers' Rights and Interests (hereinafter referred to as the "New Consumer Law") was formally implemented, including general principles, consumers' rights, operators' obligations, national protection of consumers' legitimate rights and interests, consumer organizations, dispute settlement and legal responsibilities.
Third, the practical significance of consumer protection law.
1. The Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests is the general name of the legal norms that safeguard the rights and interests of all citizens and consumers. This law is formulated to protect the legitimate rights and interests of consumers, maintain the stability of social and economic order and promote the healthy development of the socialist market economy.
2. In order to effectively solve the problem of consumers' "difficulty in complaining" and accept consumers' demands in a timely, convenient and fast manner, the State Administration for Industry and Commerce, with the strong support of the former Ministry of Information Industry, opened the national consumer complaint reporting hotline 123 15.
3. Relying on the telephone number 123 15, the administrative departments for industry and commerce at all levels in China have established a consumer complaint reporting service network with modern information technology as the main means, integrating acceptance, investigation and supervision, covering urban and rural areas throughout the country. The opening of the special number 123 15 has further smoothed the channels of consumer complaints.
legal ground
Law of the People's Republic of China on Protection of Consumer Rights and Interests
Article 2 The rights and interests of consumers in purchasing and using commodities or receiving services for their daily consumption needs are protected by this Law. Matters not specified in this Law shall be protected by other relevant laws and regulations.
Article 3 Business operators shall abide by this Law when providing consumers with the goods or services they produce and sell. Where there are no provisions in this law, other relevant laws and regulations shall be observed.
Article 7 Consumers have the right to protect personal and property safety when purchasing and using commodities and receiving services.
Consumers have the right to demand that the goods and services provided by business operators meet the requirements of protecting personal and property safety.
Article 8 Consumers have the right to know the real situation of the commodities they buy or use or the services they receive.
Consumers have the right to require business operators to provide prices, places of origin, producers, uses, performance, specifications, grades, main ingredients, production dates, expiration dates, inspection certificates, instructions for use, after-sales services or the contents, specifications and expenses of services, etc. according to different conditions of goods or services.
Article 9 Consumers have the right to choose their own commodities or services.
Consumers have the right to choose their own operators to provide goods or services, choose their own varieties of goods or services, and decide whether to buy or not to buy any kind of goods or accept or not to accept any kind of services.
Consumers have the right to compare, identify and choose their own goods or services.
Article 10 Consumers have the right to fair trade.
When purchasing goods or receiving services, consumers have the right to obtain fair trading conditions such as quality assurance, reasonable price and correct measurement, and have the right to refuse the compulsory trading behavior of operators.
Article 11 Consumers who suffer personal or property damage due to purchasing or using commodities or receiving services have the right to compensation according to law.
Twelfth consumers have the right to establish social organizations to safeguard their legitimate rights and interests.
Article 13 Consumers have the right to acquire knowledge about consumption and the protection of consumers' rights and interests.
Consumers should strive to master the knowledge and skills of the goods or services they need, use the goods correctly and raise their awareness of self-protection.
Article 14 When purchasing and using commodities and receiving services, consumers have the right to respect their personal dignity, national customs and habits, and the right to protect their personal information according to law.
Article 15 Consumers have the right to supervise commodities and services and protect consumers' rights and interests.
Consumers have the right to report and accuse violations of consumers' rights and interests, as well as illegal and dereliction of duty of state organs and their staff in protecting consumers' rights and interests, and have the right to make criticisms and suggestions on protecting consumers' rights and interests.