Car "Three Guarantees" Legislation Must Stay Aloof Neutral
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With the escalation of the rapid expansion of the automobile consumer market, the legal norms related to the protection of consumer rights appear to be rather lacking. Although the “Consumer Protection Law†and “Product Quality Law†clearly stipulate that operators must fulfill “Three Guarantees†responsibilities or other responsibilities, due to the lack of specific specifications for operability, the legally statutory principle clauses are always It is difficult to become a "power tool" for consumer rights protection.
Compared with the mature automobile market, the protection of the rights and interests of China's automobile consumers is not enough in terms of legislation or implementation, which makes it difficult for consumers to safeguard their rights. Data show that in 2010, the National Association for Consumers Association received a total of 20,405 automotive complaints, an increase of 51.1%. This abstract data and frequent car recalls confirm each other, leaving consumers in extreme danger of protection from extreme protection. The absence of legal rules has led to a serious imbalance in the right of the current automobile consumer market. Consumers in the vulnerable side faced extreme events such as the self-explaining of the manufacturers and distributors, and the dumbness of eating berberine.
The supply of rules is the basis for realizing market standardization. To formulate a fair and equitable legal rule, we must face up to the interest conflicts and achieve a balanced allocation of legislation. In the United States, people call the new car that has been infested and repaired and repaired as a “lemon car,†and the legislation that focuses on protecting consumers’ rights is called the “Lemon Act.†Various states have introduced such laws. According to the law, New car repairs can be refunded unconditionally for more than four times. In contrast, China's legislation in the automotive three bags of lags and delays, indicating that consumer rights have not been given due attention in the design of such rules, the interests of businesses become the biggest obstacle to the introduction of legislation.
No matter how special the car is, it is also a commodity used for consumption. This requires us to comply with the concept of the Consumer Protection Law and to carry out a more comprehensive legislative regulation of this consumer product that involves major personal and property safety. This kind of focus is on the protection of consumers. The legislation on rights and interests, in fact, also implicates the social governance function of strengthening the sense of responsibility of producers and sellers for product quality. In this draft, the establishment of the automobile three-bag period, the clearness of return and maintenance standards, the limitation on the number and date of quality maintenance, etc., are aimed at safeguarding the legitimate rights and interests of the majority of automobile consumers, and also through clear sales. Responsibilities of business, manufacturers, and repairers are to promote more standardized and orderly processes in automobile production, sales, and maintenance, so as to form a healthy and orderly, highly credited consumer market for automobiles.
The reason why the “Three Guarantees†vehicle has been difficult to produce for 6 years is because the benefits are difficult to balance. Because it involves not only the interests of vendors and distributors and the division of responsibilities, it also has an important relationship with automotive testing standards, and the involved stakeholders are more complex. At present, the qualifications of China's auto sales are uneven, and the access system and auto parts access system and credit system of the sales service industry are not perfect. The relevant appraisal agencies lack authority, leading to a messy system of consumer rights protection. If the "three guarantees" system of automobiles is to be established as soon as possible and the benefits of governance are to be achieved, it is necessary to solve the problems of allocation of rights and obligations in the legislation. In this process, how legislative bodies maintain aloofness has become the key to the quality and progress of the relationship legislation. Only from the open platform of the interest game can we establish the justness of the legislative rules.