The “Three Guarantees†for Cars is also about property safety
In response to the quality and after-sales problems that are common in the home car market, the AQSIQ has recently released the “Responsibility Regulations for the Repair, Replacement, and Return of Household Automotive Products (Draft for Solicitation of Comments)†and plans to hold a hearing in late October. This opinion specifies the legitimate rights and interests of consumers of household automotive products. At the same time, it regulates the repair, replacement, and return responsibilities of auto dealers, manufacturers, and repairers. It is called the “Three Guarantees†regulation for automobiles.
The “Three Guarantees†of automobiles, a consumer right that was regulated by the law but failed to shine into reality for a long time, finally made people see the possibility of landing. In addition to the "Consumer Protection Law," Article 122 of the "General Principles of the Civil Law" stipulates that if the quality of a product fails to result in property damage or personal injury, the manufacturer or seller of the product shall bear civil liability in accordance with the law; Article 45 stipulates that if a product defect endangers the personal and property safety of others, the infringed person has the right to request the producer and seller to bear responsibility for the infringement and elimination of the infringement. Article 43 of this Law stipulates that the product is defective due to product defects. The infringed person may request compensation.
According to the relevant laws and regulations, the quality of home automobiles should be subject to the “lawfulness of property damage caused by unqualified products†or the “law of product defects that endanger the personal and property safety of othersâ€. For ordinary families, family cars are definitely one of the important assets. However, the "Three Guarantees" regulation of automobiles has been left blank for a long time. Manufacturers and sellers have only "repaired without change" methods to solve quality problems, which have led to the expulsion of consumers' rights and interests. According to the person in charge of the China Consumers Association, in 2010, the National Association for Consumers Association accepted a total of 20,405 auto complaints, an increase of 51.1% year-on-year, of which 50% was due to complaints concerning vehicle quality.
With the intensification of the "car society", if the "three guarantees" problem cannot be resolved, such complaints and civil disputes are bound to rise straight. What is more important is that in today's household property composition, housing, automobiles, two special commodities, is undoubtedly the core content of the family's material property. However, no consumer rights protection mechanism has been established on home cars or on houses called “commercial housingâ€. The relevant laws and regulations are clear, and consumers face problems with cars with quality problems and “crispy walls†and “strategic buildings are in dangerâ€. However, they are helpless and can hardly walk out of the cycle of property damage caused by product defects.
On the one hand, the investment and export-oriented economy will need to transform the domestic consumption-driven economy. On the other hand, the growth rate of the government's fiscal revenue is “somewhat faster than expected.†(Counsellor of the State Council, School of Taxation, Central University of Finance and Economics) Liu Xiaoyu, and the increase in residents' income seems to have run out of CPI too much. Tax cuts and fees “have little rain and rain,†and residents’ spending power is limited. Under this background, if the limited spending power is converted into family property, but it is not effectively protected, it is not in line with the goal of “creating conditions to allow more people to have property income†and it will force consumers into a “sad reminderâ€. "The situation.
Therefore, on the regulatory level, the “three guarantees†of domestic cars and even commercial housing are not only related to the availability of the relevant upper law, but also to the protection of consumers’ rights and interests, as well as to the property safety and property income of residents. From this point of view, the “Responsibility Regulations for the Repair, Replacement, and Return of Household Automotive Products (Consultation Draft)†can no longer be followed as they were collected after six years ago. Moreover, it is also necessary to improve the consultation draft from the perspective of residents' property safety rather than the auto industry's adjustment and revitalization plan.
The “Three Guarantees†of automobiles, a consumer right that was regulated by the law but failed to shine into reality for a long time, finally made people see the possibility of landing. In addition to the "Consumer Protection Law," Article 122 of the "General Principles of the Civil Law" stipulates that if the quality of a product fails to result in property damage or personal injury, the manufacturer or seller of the product shall bear civil liability in accordance with the law; Article 45 stipulates that if a product defect endangers the personal and property safety of others, the infringed person has the right to request the producer and seller to bear responsibility for the infringement and elimination of the infringement. Article 43 of this Law stipulates that the product is defective due to product defects. The infringed person may request compensation.
According to the relevant laws and regulations, the quality of home automobiles should be subject to the “lawfulness of property damage caused by unqualified products†or the “law of product defects that endanger the personal and property safety of othersâ€. For ordinary families, family cars are definitely one of the important assets. However, the "Three Guarantees" regulation of automobiles has been left blank for a long time. Manufacturers and sellers have only "repaired without change" methods to solve quality problems, which have led to the expulsion of consumers' rights and interests. According to the person in charge of the China Consumers Association, in 2010, the National Association for Consumers Association accepted a total of 20,405 auto complaints, an increase of 51.1% year-on-year, of which 50% was due to complaints concerning vehicle quality.
With the intensification of the "car society", if the "three guarantees" problem cannot be resolved, such complaints and civil disputes are bound to rise straight. What is more important is that in today's household property composition, housing, automobiles, two special commodities, is undoubtedly the core content of the family's material property. However, no consumer rights protection mechanism has been established on home cars or on houses called “commercial housingâ€. The relevant laws and regulations are clear, and consumers face problems with cars with quality problems and “crispy walls†and “strategic buildings are in dangerâ€. However, they are helpless and can hardly walk out of the cycle of property damage caused by product defects.
On the one hand, the investment and export-oriented economy will need to transform the domestic consumption-driven economy. On the other hand, the growth rate of the government's fiscal revenue is “somewhat faster than expected.†(Counsellor of the State Council, School of Taxation, Central University of Finance and Economics) Liu Xiaoyu, and the increase in residents' income seems to have run out of CPI too much. Tax cuts and fees “have little rain and rain,†and residents’ spending power is limited. Under this background, if the limited spending power is converted into family property, but it is not effectively protected, it is not in line with the goal of “creating conditions to allow more people to have property income†and it will force consumers into a “sad reminderâ€. "The situation.
Therefore, on the regulatory level, the “three guarantees†of domestic cars and even commercial housing are not only related to the availability of the relevant upper law, but also to the protection of consumers’ rights and interests, as well as to the property safety and property income of residents. From this point of view, the “Responsibility Regulations for the Repair, Replacement, and Return of Household Automotive Products (Consultation Draft)†can no longer be followed as they were collected after six years ago. Moreover, it is also necessary to improve the consultation draft from the perspective of residents' property safety rather than the auto industry's adjustment and revitalization plan.
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