Beijing Special News 丨 Supreme Law: Online shopping shall not be exempted from prizes and gifts for free provision.

Poster reporter Jiang Xueying Beijing report

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, said at the press conference that the Supreme People's Court will continue to pay attention to new and new issues in the trial of cases of e -commerce fields, and issue an interpretation of online consumer judicial interpretation two to actively respond to social concerns.

It is reported that in March of this year, the Supreme People's Court issued a provisions of several issues on the application of laws on the application of online consumption disputes (1). The people's general concern of the online consumption field related to the people. Protection of rights and interests to promote the healthy development of the network economy.

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.

"In the next step, on the one hand, the people's court must continue to pay attention to new and new issues in the trial of case trials in the field of e -commerce, and introduce online consumer judicial interpretation two 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 confidence, use You have to escort the sustainable and healthy development of my country's e -commerce. "He introduced, on the other hand, it will actively adapt to the development needs of e -commerce, accurately apply online litigation rules, online mediation rules, and promote the improvement of digital application infrastructure such as electronic certification Respect and protect the parties' right to choose the right to choose and the interests of the lawsuit model, and enhance the quality and efficacy of online e -commerce disputes.

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