According to China's current Consumer Protection Law, Contract Law and other relevant laws and regulations, consumers mainly have the following ways to protect their rights.
First, solve it through consultation. After a dispute occurs, consumers and business operators reach a settlement agreement through direct dialogue, stating facts, reasoning and distinguishing responsibilities on the basis of voluntariness and mutual understanding, so that the dispute can be resolved. This quick and simple dispute resolution method is an ideal way for both consumers and operators.
When negotiating solutions, consumers should pay attention to the following issues:
In view of the operator's deliberate delay or unreasonable rejection of the consumer's proposal for settlement through consultation, the consumer should immediately take measures to resolve the dispute through other means. You can settle the dispute through complaint, appeal, arbitration or prosecution. Where the business operator intentionally delays or refuses unreasonably, which leads to the expansion of consumers' property losses, the business operator shall not only meet the normal needs of consumers, but also bear the responsibility for the expanded losses. ?
Second, ask the consumer association for mediation. Consumer's complaint refers to the behavior that consumers ask consumer protection organizations for mediation to safeguard their legitimate rights and interests after they have disputes with operators because of their daily consumption needs to buy or use goods or accept services. The consumer protection law stipulates that consumer disputes can be resolved through consumer associations? Mediation and settlement.
What level of association should I complain to?
The principle of accepting complaints by local consumer associations is based on regional jurisdiction, supplemented by hierarchical jurisdiction, and accepted nearby. Where the relevant consumer associations need assistance, the relevant consumer associations shall give assistance.
Materials required for complaints
Consumer complaints shall be submitted with written materials or detailed oral records signed and sealed by consumers.
1. Basic information of the complainant and the respondent, including the complainant's name, ID number, address, postal code, contact telephone number, etc. The name, address, postal code, contact person and telephone number of the respondent.
2. The time, place and process of the damage and the consultation with the operator.
3. Relevant evidence. Consumers shall provide evidence related to complaints to prove that there is a causal relationship between the purchase and use of goods or the acceptance of services and the damage, except as otherwise provided by laws and regulations. Consumers Association generally does not keep original evidence (originals, objects, etc. ) provided by both parties to the dispute.
4. Clear specific requirements.
The consumer association shall promptly inform the complainant that the complaint elements are missing or the situation is unknown, and it will not be accepted until the required materials are complete.
China Consumers Association website?
Website of China Consumers Association/
National 123 15 official website? /
Third, appeal to the relevant administrative departments. After a dispute between a consumer and an operator, if it cannot be resolved through consultation with the operator, they can directly appeal to the relevant administrative department, which is efficient, fast and powerful. The administrative organs that protect consumers mainly include: industry and commerce, price, technical supervision, commodity inspection, medicine, health and food supervision.
Consumer complaint telephone number 123 15
Quality Supervision Complaints 12365
Price reporting telephone number 12358
National tourist service hotline 1230 1
Food and drug safety complaint reporting telephone number 1233 1
Ministry of Industry and Information Technology Complaint Phone 12300
4. Submit to an arbitration institution for arbitration. Consumers and business operators reach an arbitration agreement on the settlement of disputes and submit them to the relevant arbitration institutions for adjudication.
Verb (abbreviation of verb) brings a lawsuit to the people's court. Bringing a lawsuit to the court is a judicial means to solve consumer disputes. If the legitimate rights and interests of consumers are infringed, they may bring a lawsuit to the people's court and request the people's court to conduct a trial in accordance with legal procedures. In China, litigation can be roughly divided into three forms:
(1) criminal proceedings; (2) civil litigation; (3) Administrative litigation. The lawsuit brought by consumers because their legitimate rights and interests are infringed belongs to the category of civil litigation.
Methods for consumers to testify in court
Provide witnesses, explain their identities and provable facts, and submit documentary evidence, physical evidence and audio-visual materials. Documentary evidence and material evidence shall be submitted in originals, but if it is difficult to submit originals, photocopies, photos, photocopies, transcripts, etc. Yes, foreign documentary evidence must be submitted in Chinese.
What should I do if the merchant obstructs me when obtaining evidence?
1. Obtaining evidence must be carried out under safe and legal conditions to ensure personal safety.
2, should be clear about the type and purpose of evidence collection, make a plan before evidence collection, to deal with unnecessary interference.
3. When obtaining evidence, it should be obtained by two or more people as much as possible.
4. If personal safety is in danger, stop collecting evidence as soon as possible and call the police when necessary.
Ownership of the seat of the court
1.？ Where a contract dispute occurs, it shall be the place where the defendant is located or where the contract is performed.
2.？ In the case of infringement dispute, the defendant's location or the place of infringement.
With information
1.？ Civil appeal
2.？ Evidence: consumer's receipt, warranty, paper or electronic contract, invoice, mobile phone recording, video recording, website transaction page and chat record.
3.？ The identity certificate of the original defendant
In particular, the rights and interests of online consumers are infringed, and some small partners will definitely panic. Then, let me talk about how to solve this kind of problem.
Website platform complaint
All major shopping websites have their own customer service departments to handle all kinds of transaction disputes. Consumers can provide fake and shoddy products photos, chat records, transaction records and other related records to the website, and make complaints or reports. If there is a criminal suspect, major shopping websites will also report the situation to the public security organs in time.
Online report
Once you encounter online shopping fraud, you should report it to the public security department in time. In order to prevent more consumers from being deceived, the deceived consumers should report to the public security department in time and ask the public security department to seal up the website and the liar's mobile phone and bank account. Consumers can report or call the police to the network supervision office of the local public security bureau.
Complaints from consumer associations
Online shopping goods, like ordinary goods, have consumer disputes and can also complain to provincial and municipal consumer associations. For the risk of online shopping, the staff reminded consumers to ask for shopping vouchers or save relevant evidence (including electronic version) as much as possible. The actual distributors of online shopping are mostly foreign companies, so pay attention to check the official seal of the bill when receiving goods. If there is any dispute over the purchased goods, complaints should be made to the relevant departments where the bill stamping unit is located according to the principle of territorial jurisdiction.
Complain to the relevant departments
Consumers can complain to the relevant departments according to the nature of the goods or services they complain about.
Complaint to 12345
Local government departments have set up a public service hotline 12345 to strengthen public services. After the citizens call the hotline, the receptionist will promptly refer the complaint to the relevant departments for handling. Relevant departments will reply to the public after handling it. Because the relevant departments must also feed back the results to the public service hotline and incorporate them into the assessment, complaints can generally be better solved.