Pick up the year ｜ Vice Dean of the Supreme Law: I will introduce online consumption judicial interpretation in a timely manner. III actively respond to social concerns

Cover Journalist Dai Rui

A few days ago, the Central Propaganda Department launched the "China Ten Years of Ten Years · Series Theme Release". The column of the cover news "Picking the Year" will pay attention to the whole process, reporting to China's achievements and changes in the past decade.

On July 12, the Propaganda Department of the Central Committee of the Communist Party of China held a press conference on the work measures and results of the People's Court of the New Era. He Xiaorong, deputy dean of the Supreme People's Court, revealed at the press conference that the Supreme People's Court will continue to pay attention to the new situation and new situations in the trial of the e -commerce field, and issue an interpretation of online consumption judicial interpretation in a timely manner to actively respond to social concerns.

In March of this year, the Supreme People's Court issued a number of issues on the application of laws on the application of online consumer disputes (1). He Xiaorong said that the relevant issues related to the online consumption field that the people generally care about The protection of consumer rights and interests to promote the healthy development of the network economy.

He Xiaorong, deputy dean of the Supreme People's Court. Picture source: Guoxin Office website

He Xiaorong introduced the relevant provisions of the judicial interpretation one in detail. First of all, the format terms. "Signing the goods to recognize the quality of the product is qualified", which is often seen in the format terms; there is also "the operator enjoys the right to interpret or final interpretation", which is often seen in online consumption. The Supreme Law shall be provided by the seller in accordance with the spirit of the Civil Code, and the format terms are formulated by the seller. If you reduce the responsibilities he should bear and increase the responsibility of consumers, this format clause is invalid according to law.

Second, about online consumption fraud. It is clear that the contract signed by e -commerce operators and others to conduct false propaganda in accordance with fictional transactions, fictional clicks, and fabrication users. It should be determined that it is invalid.

Third, irregular promotion on online consumption. E -commerce operators who stipulate that prizes, gifts, and purchases of goods to consumers shall be liable for compensation. They shall not be provided for free, or the goods shall be exempted from the renewal of the purchase.

Fourth, about live marketing issues. The live marketing platform operators are self -operated, and the responsibility for the first payment of the live information and effective contact information of the live broadcast room cannot be provided, that is, the responsibility for paying first compensation. Responsibilities for the obligation to sell the business qualifications of the food live broadcast room. In addition, we know or know the legitimate rights and interests of consumers in the live broadcast room, and the joint liability of the necessary measures is not taken. In addition, regarding the take -out catering, the legal obligations of the online catering service platform operator have not been registered with real -name registration and review permits, and the rights and obligations of entrusted processing situations.

He Xiaorong said that in the next step, the People's Court should continue to pay attention to new and new issues in the trial of the e -commerce field on the one hand, and issue an interpretation of online consumption judicial interpretation in a timely manner to actively respond to social concerns. Effectively safeguard the legitimate rights and interests of the people, so that the masses can buy with confidence, use it with peace of mind, and escort the sustainable and healthy development of my country's e -commerce. On the other hand, we will actively adapt to the development needs of e -commerce, accurately apply online litigation rules, online mediation rules, promote the improvement of digital application infrastructure such as electronic certification, and respect and protect the parties' right to choose the right to select and proceeds on the lawsuit. Improve the quality of online e -commerce disputes.

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