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On March 15, 2024, Premier Li Qiang signed Order No. 778 of the State Council, promulgating the Regulations on the Implementation of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests (hereinafter referred to as the "Regulations"), which will come into force on July 1, 2024. A few days ago, responsible persons of the Ministry of Justice and the State Administration for Market Regulation answered reporters' questions on relevant issues.

Q: Please briefly introduce the background of the promulgation of the Regulations.

Answer:The protection of consumer rights and interests is related to the clothing, food, housing, transportation and vital interests of the broad masses of the people. The CPC Central Committee and the State Council attach great importance to the protection of consumer rights and interests. Since the implementation of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests (hereinafter referred to as the Law on the Protection of Consumer Rights and Interests), it has played an important role in regulating the business activities of business operators and protecting the legitimate rights and interests of consumers. With the rapid development of China's economy and society in recent years, especially the continuous development of new formats and models such as the platform economy, some new situations and new problems have emerged in the protection of consumer rights and interests. In the field of traditional consumption, problems such as false publicity, unfair format terms, and infringement of prepaid consumption are prominent. In the field of platform economy, there are many cases of operators abusing technical means, platform rules, dominant positions, and other violations of consumer rights and interests, such as "price discrimination", "big data killing", false marketing, and "passing off fake as real" and "shoddy" in online live streaming It is necessary to focus on outstanding problems, formulate regulations for the implementation of the Law on the Protection of Consumer Rights and Interests in accordance with the Law on the Protection of Consumer Rights and Interests, further improve the legal system for the protection of consumer rights and interests in China, and increase the protection of the legitimate rights and interests of consumers.

On the basis of summarizing the work experience in the protection of consumer rights and interests, the State Administration for Market Regulation submitted the relevant draft for review to the State Council. The Ministry of Justice extensively solicited the opinions of relevant departments and units and local people's governments, conducted in-depth research, listened to the opinions and suggestions of consumers, business operators, relevant industry associations and chambers of commerce, and experts and scholars, and drafted the "Regulations" in conjunction with the State Administration for Market Regulation.

Q: What is the general idea behind the formulation of the Regulations?

Answer:First, adhere to the correct political direction. The protection of consumer rights and interests adheres to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and adheres to the people-centered approach. The second is to focus on highlighting contradictions. Proceeding from China's national conditions at the present stage, we should make targeted provisions to properly handle the relationship between protecting the legitimate rights and interests of consumers and supporting business operators to operate in accordance with the law. The third is to position the quasi-implementation regulations. Based on the refinement and improvement of relevant provisions within the basic framework of the Law on the Protection of Consumer Rights and Interests, and at the same time do a good job of connecting with the Product Quality Law, the E-Commerce Law and the special legal systems in related industries.

Q: What refinements and additions have been made to the Law on the Protection of Consumer Rights and Interests in the Regulations?

Answer:It mainly provides detailed provisions on the obligations stipulated in the Consumer Rights and Interests Protection Law to protect consumers' personal and property safety, handle defective products, prohibit false advertising, clearly mark prices, use standard terms, fulfill quality guarantee responsibilities, and protect consumers' personal information. For example, business operators shall ensure that their business premises and facilities meet the requirements for protecting the safety of persons and property, and take necessary safety protection measures. Proprietors shall employ methods that are easy to understand to truthfully and comprehensively provide consumers with information related to goods or services, and must not conduct false or misleading publicity to deceive or mislead consumers through methods such as fictitious business operators' qualifications, qualifications, or honors, fictitious information on goods or services, or business data, or tampering, fabricating, or concealing user evaluations. The provisions on the obligations of business operators regarding the consumer protection of the elderly and minors have been supplemented. It is clarified that proprietors must not use false or misleading publicity to fabricate or exaggerate the efficacy of goods or services such as treatment, health care, and health preservation, to induce consumers such as the elderly to purchase goods or services that clearly do not meet their actual needs. It is clarified that the provision of online gaming services by business operators shall comply with relevant state provisions and standards, and protect the physical and psychological health of minors.

Q: In terms of online consumption, what are the main provisions of the "Regulations"?

Answer:First, proprietors must not use technical means to compel or covertly compel consumers to purchase goods or receive services, or to exclude or restrict consumers from choosing goods or services provided by other proprietors. Second, business operators must not set different prices or charging standards for the same goods or services under the same transaction conditions without the knowledge of consumers. Third, where proprietors provide services by means such as automatic extension or automatic renewal, they shall draw consumers' attention in a conspicuous manner. Fourth, where business operators provide goods or services through methods such as online livestreaming, they shall perform obligations related to the protection of consumer rights and interests in accordance with law, and livestream marketing platform operators shall establish and complete systems for the protection of consumer rights and interests.

Q: What are the provisions of the Regulations on the infringement of prepaid consumption?

Answer:The Regulations focus on strengthening the obligations of operators in prepaid consumption activities. First, where business operators provide goods or services by receiving advance payment methods, they shall conclude a written contract with consumers, stipulating the specific content of the goods or services, the price or fees, the method of returning the advance payment, and the liability for breach of contract. Second, business operators shall provide goods or services in accordance with the agreement with consumers, and shall not reduce the quality of goods or services, and shall not arbitrarily increase prices. Third, if the proprietor fails to provide goods or services in accordance with the agreement, it shall perform the agreement or refund the advance payment in accordance with the consumer's requirements. Fourth, if a business operator decides to suspend business or relocate a service venue, it shall inform consumers in advance and continue to perform its obligations or refund the balance of the advance payment that has not been consumed.

Q: What are the provisions of the Regulations in regulating consumer claims?

Answer:The "Regulations" mainly make the following provisions: First, consumers and business operators shall protect their rights in accordance with the law in the event of consumer disputes. Second, complaints and reports shall comply with laws, regulations, and relevant provisions, and shall not be used to seek improper benefits, infringe upon the legitimate rights and interests of business operators, or disrupt the order of the market economy. (3) Where there are defects in the labels, instructions, publicity materials, etc., of goods or services that do not affect the quality of goods or services and do not mislead consumers, the provisions on punitive damages do not apply. Fourth, those who fraudulently obtain compensation or extort business operators by means such as entrainment, package dropping, counterfeiting, tampering with the production date of goods, or fabricating facts, shall be dealt with in accordance with law.

Q: What are the provisions of the Regulations in strengthening the government's responsibility to protect the rights and interests of consumers?

Answer:First, all levels of people's government shall strengthen guidance for efforts to protect consumer rights and interests, and organize, coordinate, and urge relevant administrative departments to implement their duties for the protection of consumer rights and interests. Second, the relevant administrative departments shall promptly handle consumer complaints and reports, and carry out consumer early warnings and risk warnings. The third is to increase the intensity of supervision, inspection and law enforcement, and promptly investigate and deal with acts that infringe on the legitimate rights and interests of consumers. Fourth, strengthen the publicity and popularization of consumer knowledge, and strengthen the popularization of law, administrative guidance and compliance guidelines for business operators. Fifth, encourage and support social supervision and public opinion supervision.

Q: In order to ensure the smooth implementation of the "Regulations", what work needs to be focused on?

Answer:The State Administration for Market Regulation will work with relevant departments to implement the Regulations. The first is to increase publicity and interpretation. Organize various forms of publicity, guidance, training and guidance, and deeply integrate with the work of assured consumption action, consumer complaint publicity, diversified consumer dispute resolution system, online consumer dispute resolution mechanism, 12315 "five in" and other work, so that the concept of consumer protection is more deeply rooted in the hearts of the people, so that the majority of operators can better understand the law and abide by the law, and reduce compliance costs and violation risks. The second is to pay close attention to revising the "Interim Measures for the Handling of Complaints and Reports for Market Supervision and Management" and other regulations, and further enrich and improve the legal system for the protection of consumer rights and interests. The third is to continue to promote law enforcement actions such as "iron fist" and "protection of consumption", face consumer demands and social concerns, strictly investigate and deal with all kinds of illegal acts that infringe on the legitimate rights and interests of consumers, create a safe and secure consumption environment, promote the construction of a unified national market, and serve high-quality development.