On November 16th, Beijing Jingshi Law Firm (hereinafter referred to as the Beijing Normal University Law Firm) held a press conference to introduce the progress of the situation on behalf of the sagitar car owners due to the "broken shaft" rights protection. With Volkswagen's solution to install the lining plate, compared with the violent rebound of the sagitar owners, the understanding of some key issues between the two sides is still unable to co-produce. At the same time, the issue of short-boarding of the system related to the recall involving independent third-party appraisal has once again become prominent.
To this end, the Jingshi Law Firm sought the judicial path and prosecuted the AQSIQ to perform its duties, pushing the AQSIQ to the cusp of the Sagitar recall dispute.
Will the AQSIQ be a defendant?
At present, the sagitar owners represented by the Beijing Normal University have reached 577 people. The institute has formed a team of Sagiton class action lawsuits, and the head of the team, Wang Xu, said that the sagitar owners' appeals are roughly four categories: providing safety technical instructions for installing metal linings; replacing new reassuring non-independent suspensions; Replace the independent suspension; returning the car, such claims account for 10% to 15%.
On October 29, the Beijing Normal University Lawsuit recalled the Supreme AQSIQ and sued the State Administration of Quality Supervision, Inspection and Quarantine, and issued a notice on November 1. The AQSIQ issued a notice requesting the public to submit technical recall materials. Apparently, the Beijing Municipal Law Office filed an administrative lawsuit, which made the AQSIQ feel pressure. "According to the Regulations on the Management of Defective Automobile Product Recalls, the General Administration of Quality Supervision, Inspection and Quarantine has filed a recall of the enterprise. However, in the absence of relevant technical information on the recall, the public is allowed to recall, which is contrary to the performance of administrative duties." Say.
Wang Xu revealed that the agency has submitted the administrative litigation materials to the Beijing No. 1 Intermediate People's Court, and the court said that it will reply to the case on November 21 at the latest.
Wang Xu said that if the First Intermediate People's Court found that the AQSIQ did not act and asked for it, we may file a related civil lawsuit. It may be necessary to concentrate on prosecuting the Changchun City Green Park Court. In addition to filing a lawsuit, Wang Xu revealed that they are still preparing to apply for the identification of the new Sagitar as a substandard product. The preparatory work for the application for non-conforming products by the Beijing Normal University will be disclosed in the future due to the consideration of litigation strategies. "We rejected the intention of mediation by the General Administration of Quality Supervision, Inspection and Quarantine, and hoped that the General Administration could come up with a more complete solution." Wang Xu said.
The helplessness of nearly one hundred appraisal organizations
Sagitar recalled the dispute escalation, once again revealing the shortcomings of the lack of independent third-party quality appraisal institutions in China.
Volkswagen previously stated that "coupling rod rear suspension is safe and will not break without collision." The addition of metal lining is double insurance; some sagitar owners do not accept it, and they are not capable of producing effective efficacies. evidence.
Wang Xu revealed that the Beijing Normal University has contacted nearly 100 appraisal agencies nationwide, but these institutions are promised to help you test, but can not help you to produce an appraisal report. The Beijing Normal University has already initiated the relevant procedures of foreign appraisal institutions through the overseas branches of the law firm. Now, mainly on the issue of costs and authority, we will consult with the General Administration of Quality Supervision, Inspection and Quarantine and the court.
The helplessness of nearly one hundred appraisal organizations is precisely the key to the most common disputes involving car “three guarantees†and recalls in recent years.
In the United States, the recall of vehicles is handled by the Office of Defects Investigation of the National Highway Traffic Safety Administration (NHTSA) of the Ministry of Communications. The specific operations often entrust a third-party accreditation body to analyze, test and test product technical data, and organize experts for review. Both NHTSA and third-party accreditation bodies have absolute authority and voice.
Wang Xu said that the specific work of China's automobile recalls is mainly handled by the Product Defect Management Center of the AQSIQ, including information filing, defect investigation and judgment, recall effect evaluation and supervision. In the Sagitar recall incident, the AQSIQ failed to provide the technical evaluation of the Sagitar product itself and the recall measures, which also resulted in the status of the manufacturer and the consumer.
In addition, the problem of institutional setup may also have unpredictable effects on the disputes caused by the Sagitar recall. Some professional lawyers have previously revealed to the media that the Sagitar recall is a voluntary recall. The Chinese recall system implements a filing system rather than a approval system. The AQSIQ does not approve the company's recall. From the procedural point of view, the General Administration of Quality Supervision, Inspection and Quarantine investigated the recall, there is no wrong place. The supervision of the recall measures must wait until the formal implementation of the recall measures, that is, the time will wait until February 2 next year; the evaluation of the recall effect, after the recall is over, the company will make a report of the recall results, the supervisor The department will evaluate this and the time may be longer.
Unlike the "Three Guarantees", recalls are all about car safety issues. They must be very cautious and give the company enough time. An automotive industry veteran told the International Business Daily that for car companies, the recalled solutions include technical design, demonstration, testing, etc. There is also a time course. If important parts such as the car seat belt chassis are involved, it must be tested for a long time, including actual road tests in winter and summer, even if it can be carried out simultaneously in the northern and southern hemispheres.
The dispute over the Sagitar recall is still in the same position. To solve the problem smoothly, time and deep communication is obviously the most important prerequisite.
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