Mercedes female focus problem legal expert to answer

For the female car owners encounter this kind of situation, how is the law specified? Related legal experts to answer.Focus 1: can I request a car replacement?Chen yinjiang, deputy secretary general of the consumer protection law research society of the China law society, said: "actually, after you buy, according to the consumer law, as long as you have problems within seven days, and you are within seven days put forward the return request, you have this right, consumers. Then you go beyond seven days, depending on whether you have an agreement to supplement the contract. For instance bilateral regulation, there is special about inside the contract retreat has an agreement about, that you press an agreement to carry out. If you do not have the agreement, in accordance with the car three guarantees inside the provisions of the return, replacement, repair this kind of provisions to implement.Experts explain, in this case, because the female owner within seven days it puts forward the vehicle has a problem, check out the car, according to the provisions of article 24 of the consumer rights and interests protection law, a commodity or service provided by the operator is not in conformity with the quality requirements, consumer can be in accordance with state regulations, agreed by the parties to return, or requires a business operator to fulfill their obligation to replace, repair, etc. In the absence of any state regulation or agreement between the parties, a consumer may return a commodity within seven days from the date of receipt.Focus two: is the financial service fee reasonable?Zhu wei, deputy director of the communication law research center at the China university of political science and law, said: "I think it's a little bit gray, because first, it defrauds consumers. Second, does it violate state financial policy? Third, where does the capital come from? Is it related to the issue of fair competition? Is the commission under it commercial bribery or not?Focal point 3: whether can you ask 3 times compensation?Chen yinjiang, deputy secretary general of the consumer protection law research society of the China law society, said: "if he sells a car to a consumer without being tested, then his situation is suspected to constitute fraud, and that's one thing. Also, if he had previously detected a quality problem in the vehicle, and he did not tell the customer, he concealed the true situation of the vehicle, he is also suspected of fraud.Zhu wei, deputy director of the communication law research center at China university of political science and law, said: "if it is found to be a fraud by the court or the procuratorial department, or by the government's supervision department, I think consumers can get a refund of three out of one in accordance with the law on the protection of consumers' rights and interests."Crying for your rights? What are the normal channels for safeguarding rights?So, if an ordinary consumer encounters female car owner such problem, what is the channel of normal safeguard one's rights? Why do female car owners have to cry in order to get attention, and this reflects what kind of problem? How should government authorities solve these problems?Legal expert introduction, if encounter female car advocate such problem, the solution way that can adopt has 5, it is to talk things over with agency respectively, to consumer association appeal, to market superintendency branch is informed against, to arbitral mechanism puts forward arbitral application, put forward to the court Sue. Meanwhile, for durable goods such as cars, the burden of proof lies with the merchant.Chen yinjiang, deputy secretary general of the consumer protection law research society of the China law society, said: "in the newly revised consumer protection law of 2014, it is clearly stipulated that if a durable product like a car has defects within six months and both parties have disputes, the burden of proof should be borne by the seller."But with so many avenues open, why did things come to this?Zhu wei, deputy director of the communication law research center of China university of political science and law, said: "if the consumer association or the administration of industry and commerce had intervened as soon as possible, it might not have developed to today. It might be that the channel was not clear, or it might be that she listened to some other words from the 4S shop that misled her."Legal experts say the difficulty of protecting the rights of female car owners reflects the existence of two main liability bodies, one is a car dealer and the other is a government department. Among them, compared with automobile dealers, consumers have a certain degree of judicial weakness, the parties may be forced to give up their rights because of economic costs, time costs, evidence costs and other issues. Legal experts believe that punitive damages should be increased to make offenders feel real pain.Zhu wei, deputy director of the communication law research center of China university of political science and law, said, "the product quality law of China has been revised this year. "Once punitive damages are in place, then all these companies are afraid to do that because the cost of breaking the law is so high.Legal experts believe that this case also reflects some problems of the government administration. As for the way of rights protection, legal experts suggest whether the government departments can have a batch process, so that ordinary people can more smoothly protect their rights, rather than let the people go looking for them.Zhu wei, deputy director of the communication law research center at China university of political science and law, said: "should there be a batch process for everyday consumers to deal with such problems? People don't know what they are mainly in charge of what's going on, but inside it is has a regulation, even the department of this thing does not belong to my department, but inside it will be to turn themselves, so to do ordinary people complain a, behind a batch can always solve, one-stop office, one-stop solution, there is such a powerful backing, have this huge of punishment, after I think such a thing will be less and less."

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