Nowadays, there are many people who buy cars and talk about "three bags" of cars. However, the “Three Guarantees Regulations for Automobiles†cannot be found out. It has become a hot issue.
All parties see "Three Guarantees"
The basis for the formulation of the "Car Three Guarantees Regulations" is the "Product Quality Law," "Consumer Protection Law," and "Contract Law." Violators must bear civil liability. For the "Three Guarantees" vehicle, different parties have different perspectives and naturally have different opinions.
Car buyers believe that: Currently the country implements the product "Three Guarantees" in the catalog, there is no car, often encounter complaints when they encounter car quality problems, especially when the car has serious quality problems and requires return, the car dealers and manufacturers They all said “no†on the basis of the “Three Guarantees†rule that the car does not include repair, replacement or return. Therefore, without the “three guaranteesâ€, the legitimate rights and interests of car buyers cannot be guaranteed.
Dealers said: If the current car is first tested when necessary, some quality problems can be found in the test, which can largely avoid future disputes. However, some cars are now exempt from inspection, and there are no on-line inspections for licenses. Afterwards, if they find that they have quality problems, the cost of the replacement or return will not be affordable. However, automobile manufacturers have emphasized that they must face up to the development level and social environment of the entire automotive industry in China. After a quality dispute occurs in the car, the manufacturer can repair it, but does not support the return or transfer. To step back, even if the “Car Three Guarantees†Regulations are implemented, the behavior of car buyers must be restricted, and the scope of responsibility for the “Three Guarantees†must be clearly defined, especially the scope of responsibility for replacement and return.
Because of the special nature of automotive products, the relevant person in charge of the State Bureau of Quality Supervision made it clear that the implementation of the “Three Guarantees†provision for automotive products has a time course and is expected to be introduced within the next two years. It is reported that the “Responsibility Regulations for the Replacement and Return of Household Sedan Products†to be issued will adhere to the principle of “who is responsible for salesâ€. According to the "Product Quality Law," the provisions of the "Product Quality Law," Wang Lijun, Director of Product Quality Division of the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China, is responsible for repairing, retiring, and changing goods.
Why do car buyers so hope "three guarantees", and why are producers so reluctant to "three guarantees"? In a word, the current laws provide too little and too little protection for car buyers, and the less protection for car buyers, to some extent conniving the producers, they can not pay attention to product quality, and they can shirk their responsibility if problems arise. . No wonder some people say that if a car buyer wants to get rid of a car with a quality problem, it will be more difficult than the manufacturer to make a car with no problems. Car buyers’ right to information, fair trade rights, and the right to compensation are not protected at all, let alone security rights. China's car ownership accounts for 1.58% of the world's total, but the number of people killed in car accidents accounted for 14.3% of the world total. One of the factors is the accident caused by the quality of the car itself. However, many of these accidents are submerged in traffic accidents and there is little to be investigated for car quality problems. First, after an accident, car buyers can hardly think of the quality of the car. The traffic control department often ends up with traffic accidents. Second, even if consumers suspect that the car has quality problems, the production company will say, “My car is fine. What evidence do you have?†The car buyer has no evidence because the relevant department does not accept the individual commission to identify the product, but the car company There is a product certification. When a lawsuit is initiated, the car buyer must lose.
"Three Guarantees" is not a panacea
"Three Guarantees" is limited, and some products "Three Guarantees" do not guarantee the legitimate rights and interests of consumers. For example, "Mobile Phone" Three Guarantees "provisions have some regrets in terms of adjusting the scope of goods or protecting the rights and interests of consumers. It greatly limits the right of consumers to return goods. For example, consumers must insist on the daily depreciation required by the “Mobile Phone Three Guarantees†Regulations when exercising the right of return requests in accordance with Article 45 of the Consumer Protection Act. The rate is 0.5%. Theoretically speaking, if the phone is still repaired after two repairs, after more than 200 days, then multiplying 200 days by 0.5% is equal to 100%, that is, when the consumer returns the mobile phone to the distributor, the distributor can say that You go home, cell phone refunds have been depreciated. This actually impairs the consumer's right to choose, and also inhibits the competition mechanism among the merchants. It means that you only need to buy a branded mobile phone, unless you give up, you have to use it all the time. From this point of view, the limitations of the "Three Guarantees" regulation are obvious. Of course, if the product is not used for a long time, this problem is not obvious.
Relevant departments should make adjustments when formulating the "Car Three Guarantees" Regulations.
China's "Contract Law" has such a provision: if the quality of the subject matter does not meet the quality requirements, resulting in the failure to achieve the purpose of the contract, the buyer may refuse to accept the subject matter or terminate the contract. If the buyer refuses to accept the subject matter or rescinds the contract, the risk of damage or loss of the subject matter shall be borne by the seller; if the quality does not comply with the agreement, the party shall bear the liability for breach of contract in accordance with the terms of the contract. If there is no agreement on the responsibility for breach of contract or the agreement is unclear, and it cannot be determined according to the provisions of Article 61 of this Law, the injured party may reasonably choose to require the other party to undertake repairs, replacements, redo, returns, and reductions according to the nature of the subject and the size of the loss. If the parties fail to agree on the content of quality, price or remuneration or place of performance after the contract becomes effective, the agreement may be supplemented; if the parties fail to reach a supplementary agreement, it shall be determined in accordance with the terms of the contract or trading habits. It can be seen that the problem of repair, replacement, and return of automobiles can be solved in accordance with the "Contract Law."