Grasp the "traffic lights" of platform economic development and stimulate investment vitality

2022-12-28

On December 27, the Supreme People's Court issued the Opinions on Providing Judicial Services and Guarantees for Promoting Consumption (hereinafter referred to as the Opinions), proposing 30 specific service guarantee measures in terms of strengthening the judicial protection of consumers' rights and interests, strengthening the judicial protection of producers' and operators' rights and interests, and maintaining the honest and fair market environment. The Opinions take the strictest measures to protect food and drug safety, strengthen the protection of consumers' rights and interests in prepaid consumption, and regulate the "overlord clause" in the consumption field according to law; It is not allowed to claim that the seven day return without reason system is not applicable on the ground that the goods have been unpacked. It is not allowed to raise an exemption defense against intentional or gross negligence such as violent sorting and express delivery in accordance with the exemption clause. It is not allowed to refuse to provide goods or services on the ground that consumers do not agree to handle personal information; We will strictly protect housing sales contracts that have been established and become effective in accordance with the law, and we will, in accordance with the law, address violations of consumers' rights and interests such as driving up prices and charging high express fees, which lead to unfair contracts; Special provisions shall be made for the protection of the rights and interests of minor consumers, elderly consumers and rural consumers. The Opinions comprehensively and equally protect all kinds of property rights in accordance with the law, and regulate the behaviors of illegally restricting the production and business operators and unreasonably hindering the owners from building automobile charging facilities in accordance with the law; To punish the production and sale of fake seeds, chemical fertilizers, pesticides and other agricultural means of production, fake and inferior commodities and other illegal and criminal acts according to law; Rectify false litigation, malicious litigation, abuse of litigation rights and other dishonest litigation behaviors in the field of intellectual property according to law; Grasp the "traffic lights" of platform economic development and stimulate investment vitality; We will protect new retail formats, the sharing economy, and the new individual economy in accordance with the law. The Opinions legally regulate monopoly and unfair competition behaviors such as forced "one out of two", discriminatory treatment, false publicity, scalping and speculation, and forced tying; Actively connect with the dishonest list system in the consumption field, promote the joint construction of an information disclosure platform for dishonest and illegal producers and operators, and build a social credit system conducive to enhancing consumer confidence; Properly handle cases involving commodity circulation, correct illegal card setting, hinder logistics and other improper administrative acts according to law, and promote smooth and orderly cross regional logistics. At the same time, we will further improve the level of judicial services. Accurately apply online litigation rules, online mediation rules and other provisions to achieve the unity of improving the quality and efficiency of online consumer dispute resolution and protecting the legitimate litigation rights and interests of the people; We will improve the linkage mechanism between consumer civil public interest litigation and private interest litigation, explore the establishment of a punitive compensation system for food safety civil public interest litigation and a consumer class action system, and continue to increase the supply of judicial services for rural consumers. (Outlook New Times)

Edit:sishi    Responsible editor:xingyong

Source:http://epaper.legaldaily.com.cn/fzrb/content/

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