A quick review | Nearly 90 % of the respondents encountered an unfair format clause, should not be!

On August 18, the Chinese Consumer Association issued the "Consumer Consumer Consumer Consumer Consumer Consumer Consumer Consumer Consumer Consumer Conspiracy and Clues Collection Survey Report". Nearly 90 % of the consumers participating in the survey have encountered unfair format clauses. Facing the unfair format terms, over 70 % of consumers chose to continue the transaction. The main reason is that the operator is too strong, and consumers are forced to agree with the content of the format, otherwise they cannot be traded.

Although the interviewees participating in the investigation may not have sufficient representativeness, and the incidents of unfair formats have heard of it. The results of this survey are still shocking. In recent years, in order to safeguard consumers' legitimate rights and interests, the regulatory authorities have maintained a high pressure on various "overlord clauses". However, after working for so long, after implementing a variety of rectification measures, there are still so many consumers in such a weak and passive state because of their unfair formats. This is really not.

It's time to "dead hands" under the clause of unfair format.

On the one hand, strict precautions should be strictly precise. In market transactions, due to the constraints of factors such as information asymmetry and limited professional level, compared with the operator of the format provider, consumers who are in a disadvantaged position are vulnerable to violations. To this end, the regulatory authorities should specify a clear "hard bar" for the consumer contract in advance to prevent operators from "closing private goods" in the format contract.

The Civil Code of my country clearly stipulates that the format clause is the clause that the parties are pre -determined in advance in order to reuse, and they have not negotiated with the other party when the contract is concluded. Those who use the format clauses to establish a contract shall follow the principle of fairness to determine the rights and obligations of the parties, and adopt a reasonable way to prompt the other party to pay attention to or reduce their responsibilities. The requirements are explained to this clause. The party who provides the format clause fails to fulfill the prompt or explain the obligation to make the other party not pay attention or understand the terms that have a major interest relationship, the other party may claim that the clause does not become the content of the contract. If there is one of the following situations, the format terms are invalid: have invalid situations stipulated in Chapter 6 of this Law, Chapter 6 and 3 and Article 506 of the Law; Increasing the other party's responsibilities and restricting the main rights of the other party; the provision of the format clause to eliminate the main right of the other party.

In view of this, the relevant departments may wish to be targeted, "multiple zones" in the unfair format terms, forcibly implement the format contract template for strong operators, and do not leave the operator's room for hands and feet.

On the other hand, strict punishment should be strictly punished. This survey report from the Chinese Consumer Association shows that after encountering the clauses of unfair formats, more than 70 % of consumers will still choose to continue their transactions. When encountering unfair consumption, nearly one -fifth of the participants chose "silent tolerance". The high cost of rights protection and the inadequate rights protection effects made consumers insufficient confidence in rights protection.

In this case, the regulatory authorities must be tough. One must improve the implementation of the format contract filing system. Before the transaction is completed, the necessary regulation of the operator will be "stifled in the cradle." The two should be unblocked, and the relevant complaints and reports of consumers should be accepted in a timely manner, and the relevant operators are severely punished in accordance with the law, so that the operators who try to play the idea of ​​unfair format clauses are discouraged.

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