Every year, 3.15 is a "deaf" of car manufacturers and dealers. However, for auto consumers, consumer rights protection can not be solved in one day, so excessive rights violations such as blockades, marches, complaints, intimidation, etc. have occurred, and automakers are struggling to eliminate huge “negative effects”. At the same time, defenders are also sorrowful and incompetent. How to make consumer rights protection not excessively defend rights, and make both loses? This also requires Chinese car manufacturers to have a deeper sense of responsibility and a sincere attitude to deal with problems.
Excessive rights protection Case 1
Maintenance and change of car can not talk about, blocking 4S shop door to discuss the 3.15 eve, a Korean middle and high-class car owner Zhao drove its car directly in front of the 4S shop, blocking the door of the store, and The dealership tried to tow away the car. Faced with the car owner's car rushed into the sales area to block the door, the heart of the dealership dealers also said that they must first make a 110 report to the police, to solve the problem to talk about repair, change the car.
In fact, this is definitely not a case of 20 million new car users in China every year. In the past year, Japanese and German famous brands have encountered similar car owners to the 4S shop door, directly hit the car "reasonable". In addition to attracting a lot of eyeballs, the two sides did not help the vehicle maintenance claims, but increased the friction points of both sides.
However, "I don't, can they sit down and talk with me? If you come up with a solution to the problem at the outset, do I need to do this?" For the owner, Mr. Zhao, this is also the case. The same heart.
Rethinking the current, whether the car "three guarantees" or commercial legal provisions have made the corresponding warranty reimbursement regulations for car quality problems, but the car as a bulk consumer goods, 20,000 parts complex structure and different road use identification, car The serious asymmetry of information between manufacturers and consumers, and even third-party agencies, makes it extremely difficult for consumers to prove the problem vehicles.
Zhang Weiyun, a lawyer who specializes in auto rights protection cases, believes that apart from the issue of autonomy, Mr. Zhao’s direct parking at the door of the dealership has hindered the normal operation of the store. The commercial interests of others. Lawyer Zhang believes that it is “must have” for car owners to maintain their legitimate rights and interests. However, the methods and methods of defending rights should be cautious. More should be carefully studied related laws and regulations, or help professionals, rather than taking excessive actions to protect their rights. Road creates new "troubles."
Excessive rights protection Case 2
The problem car was not solved, and the car owners collectively protested. In October last year, many car owners of well-known German brands protested collectively in Dongguan, Guangdong Province, expressing the lack of a recall plan for the model car. As early as August of the same year, the owners have already raised protests, and the brand car dealers replied that they have no problem, you should pay attention to use. In fact, just a week before this protest, the AQSIQ has just issued an announcement stating that after receiving complaints, a large number of user visits, site surveys, defect technical analysis and expert assessments were carried out, confirming the The model problem is not a very rare case. The automaker immediately issued a recall notice. However, the owners are still dissatisfied with the recall solution, once again triggered protests against the manufacturers, and strongly condemned the car dealers' "no problem" announcement has already hurt each other's trust. Among them, some over-excited car owners have publicly released the mobile phone number of the automobile company's brand public relations personnel to the Internet, so that the other party and even the family members receive a large number of phone calls and text messages while encountering human flesh search.
Reflection Behind this example of mutual harm, we found that such a fierce protest against rights did not bring any substantial help to the car owners. And the car brand public relations personnel are also wronged when they face harassing text messages and telephone calls. "I issued the announcement, and I only implemented the company's resolution." The dealers who are more "grievances" said, "You also saw that this is not a problem with a car, not even our after-sales service problem. So many people pulled banners to demonstrate at my store, destroying property and losses. Who should I look for in sales?! In the case of this devastating case, who is wrong? What makes consumers so sad.
Expert advice For a long time, what kind of problems are design defects, and what kind of problems are only individual quality problems. This kind of judgment is a long-term problem in the global automotive industry. In China, as the most authoritative complaints agency, the AQSIQ has set up an individual consumer complaint column on the official website to accept complaints and suggestions from all parties. The recall of the above-mentioned German brands was also prompted by the AQSIQ to make a comprehensive recall after the “certification of the model problem is not a very rare case”.
In addition to complaints from law enforcement agencies of relevant departments, personal attacks caused by hatred against auto manufacturers or dealerships, as the lawyers mentioned above, have only plunged themselves into other moral and legal dilemmas, and have no problem solving them. help.
Excessive rights protection Case 3
The car purchase was occupied by the car dealer, and the owner anonymized the 4S shop. Mr. Li planned to purchase a SU V by installment payment in November last year. After some selection, he found the heart-water vehicle. The 4S shop agreed with his loan request, but told Mr. Li that the bank's lending rate was very slow during that time. I hope that Mr. Li will pay the full amount first, and then the bank will release the money from the loan to the owner.
In order to get the car as soon as possible, Mr. Li also agreed to the plan and made a full payment to the dealer. However, the 4S shop has delayed the delivery of the car for various reasons. Mr. Li has repeatedly urged the store to rush. Two months later, the salesperson Xiao Chen revealed the reason: the store has been suspended by the manufacturer because it has not completed the vehicle pick-up task. Qualification, now as the other secondary agent of the same brand, the owner's money has been taken by the boss. Xiao Chen verbally promised to pick up the car in a month. "Now there are more than a dozen owners who have encountered the same things as you. You can wait patiently." Mr. Li asked the other party to issue a written reply but was rejected.
The owner was very angry, but couldn't think of other good methods. In order to vent his anger, he found someone to give the store's sales manager and salesman several anonymous threat calls, claiming that the owner of the loan was in a possession of a triad. If the car dealer does not deliver the car in time, it is necessary to enter the red knife with a white knife. Since then, I have repeatedly posted online insults to deal with 4S shop staff who deal directly with him. Although the other party also guessed that Mr. Li did, he did not dare to call the police. It can be several months, and Mr. Li still can't get a car.
Reflection In the case of banks tightening monetary policy and 4S shop profits, some 4S stores last year had maliciously occupied the owner's funds for turnover. Mr. Li did not encounter a case. When it is unsuccessful to negotiate with the 4S shop, it is inevitable that the owner will easily lose his sense of reason and act excessively.
Experts' advice Guangdong Law Firm Wu Yifeng advised that in the above case, the car dealer did not fulfill the promise to deliver the car to the owner in time, and the car purchase payment paid by the owner for other business turnover has constituted a breach of contract. At the same time, if the dealer is deliberately concealing the fact that it is suspended by the manufacturer and is unable to deliver the vehicle when selling the vehicle, it is a fraud. According to the relevant provisions of the Consumer Protection Law, in addition to requiring the car dealer to compensate for the losses suffered (that is, refunding the paid car), the owner can additionally request the car dealer to increase the compensation by three times the amount paid.
In the case, Mr. Li called to threaten the sales staff of the car dealers, threatened his personal safety, and violated the relevant provisions of the Law of the People's Republic of China on Public Security Administration Punishment. It has become illegal and may be subject to fines or even administrative detention of less than 10 days. Therefore, for the business behavior of the car dealer's dishonest business, the car owner should handle it rationally and legally defend the rights, and should not take excessive or even illegal behavior. In the event of a failure to negotiate with the dealership, the owner may complain to the local Consumer Council, resolve the dispute with the help of the Consumer Council, or file a lawsuit with the court for a refund and compensation.
Excessive rights protection Case 4
The rights protection requirements are difficult to achieve, and the booths are blocked. On the media day of the Guangzhou Auto Show last year, at the beginning of a brand launch conference, a group of people suddenly showed the slogan of “slipping oil pits” and tried to rush to the booth, attracting a large number of The scene of the media and the audience was chaotic. During the pull, these "rights defending men" were taken away from the scene by several uniformed security guards.
A few days later, another group of car brands appeared on the booth of a number of car owners, but the brand seems to have been prepared, a large number of security personnel surrounded the rights of the owners, and the owner of the car "lifted" out of the pavilion.
It is reported that dozens of car owners who blocked the booth on the same day were taken away by the police and sentenced to 10 days of administrative detention by the rights defenders. The reason was that the masses were onlookers and disturbed the order of the venue.
Rethinking that "the behavior of most rights defenders surrounding the booth is in fact that the owner's rights protection requirements have not been timely responded or satisfied by the car companies." Xia Lei, a lawyer at Hengzheng Law Firm, said that in the process of rights protection, car manufacturers and consumption There is a huge information gap between consumers. Once consumers encounter problems in the process of use, they are often in a weak position, and their rights protection claims have not been timely responded. As the focus of the spotlights on the auto show, consumers choose to let their defective cars enter the public eye through the spread of media public opinion. In fact, such a move also highlights the inferior position of Chinese car owners in the absence of discourse power from another aspect.
Experts advised Wu Jingfeng, a lawyer at Guangdong Jinglun Law Firm, that consumers can complain to the local Consumer Council in accordance with the relevant provisions of the Consumer Protection Law of the People's Republic of China when the rights claim fails to receive the attention of the manufacturers. The committee investigates and mediates complaints. If there are problems related to product quality defects, consumers may appeal to the local product quality supervision department and request the product quality supervision department to handle it. Of course, consumers can also sue in court, requiring manufacturers (or businesses) to bear legal liabilities for repairs, replacements, returns, and damages. However, he also said that the practice of enclosing the booth is not worth promoting, not only complicating the issue of rights protection, but also easily bringing legal risks to consumers themselves.
Excessive rights protection Case 5
Weiquanbo is concerned that “behavior art” has provoked controversy over the last year’s “Death Art” rights-protection event for a German luxury brand. The first is that the owner hired a mannequin and painted the logo and brand on them. The name and the word "defense rights" stand at the accident car for the passers-by to watch, which is the most glamorous car rights protection incident; in another case, the owner of the car has set up a "Lingtang" in front of the dealer, and exhibits an accident car. It is the most amazing car rights violation.
Nandu reporter learned that the former was because his car was not allowed to land. When he entered the underground garage, he encountered brake failure and directly hit the wall, causing the passenger in the passenger seat to be injured. After the vehicle was inspected, the 4S shop after-sales personnel said that "the car quality is no problem" and refused to replace the brake system. Negotiations have been fruitless for three times, so I came up with such a human rights act. The latter situation is similar. The vehicle suddenly turns off on the highway after one year of use, causing the brake and steering system to fail at the same time, thus colliding with the preceding vehicle. Afterwards, the owner and the technicians of the factory witnessed the accident identification issued by the Judicial Appraisal Center of Hunan University, confirming that the engine had been turned off before the collision occurred, and the force of the brake and steering system disappeared... but the car manufacturers Negated the identification result. In desperation, the owner of the car staged a farce of "Lingtang" at the door of the 4S shop.
Reflections can be seen from these events, due to the complexity of auto rights protection, the lack of functions of relevant regulatory agencies and the imperfections of relevant rights and regulations, in the face of the incompatibility of auto manufacturers and dealers, even the rich and imported car owners, The road to rights protection is not always smooth.
According to Huang Heng, a lawyer from Guangdong Guangxin Junda Law Firm, the owner of the previous incident may be subject to the relevant provisions of the Consumer Protection Law, that is, if the consumer purchases or uses the goods and is harmed by the person or property, The right to compensation. In the latter incident, the unilateral statement of the manufacturer does not recognize the conclusion of the appraisal that has been issued. There is no legal effect. On the contrary, this appraisal opinion and the accident liability certificate issued by the traffic police brigade can be used as evidence to determine the facts of the case. If the owner and the manufacturer have failed to negotiate, they may request the consumer association to organize mediation, or complain to the relevant administrative department, or directly file a lawsuit with the people's court, requesting the manufacturer to compensate the owner for the losses suffered by the owner.
However, he also reminded the owner that protesting at the door of the 4S shop or making any behavior affecting the normal operation of the 4S shop has actually violated the relevant provisions of the Law on Public Security Administration Punishment, and may even be suspected of gathering people to disturb the social order. Therefore, “behavioral art” rights protection is not feasible before the law.
Excessive rights protection Case 6
Unsuccessful rights protection, venting anger, because the rights are unsuccessful, angry car owners often choose a fierce way to vent their anger. In fact, similar to the owner's "smashing the car" rights protection is not a case. Previously, the owner of the car had failed to defend his rights after the sale and repair. The Rushing Crown smashed his luxury car worth 2.6 million yuan, causing hot discussion on the Internet.
Experts' tricks "The behavior of the car not only caused the owner's own property to suffer losses, but also promoted the rights to promote the dead end." Xia Lei, a lawyer at Hengzheng Law Firm, said that according to the State Administration of Quality Supervision, the repair, replacement and return of household car products. According to the relevant provisions of the Responsibility Regulations, there is no basis for consumers to request to replace a new car in this incident. Even if it requires compensation of 200,000 yuan, it is difficult to get legal support.
Xia Lei suggested that for such long-term unresolved quality problems, consumers should pay attention to collecting evidence such as retaining maintenance information, and at the same time, they can try to encourage manufacturers to recall their rights by applying for automobile product defect investigation.
In addition, he also suggested that automakers should be serious about the claims made by consumers, and reasonable requirements should be met as much as possible. Claims that are beyond the scope of acceptance and unacceptable claims should be patiently interpreted, and strive to obtain consumer understanding and understanding. If necessary, take the initiative to apply for mediation by a third party such as the Consumer Protection Committee, and do not use negative methods such as avoidance and delay to avoid conflicts. ,deterioration.
Excessive rights protection Case 7
Dissatisfaction with the expression of rights protection, "bull cart" block traffic A certain German brand owners especially like to use the "bull cart" way to express their dissatisfaction with product defects. Just like Baidu, the real-life show of this brand has been happening almost every year.
For example, in the case of the “Cow Pulling Car” incident in Guangzhou, the new car that the beauty car owner just purchased was used for 2 months, and there was a situation in which the automatic jump was interrupted and the power was turned off, and a traffic accident was almost caused. Therefore, the owner of the car requested to replace the new car, but was rejected by the dealer and the manufacturer. In order to attract more public attention, the owner went to Zhaoqing Guangning to spend a million yuan to hire a cow, and in front of the 4S shop to stage a "bull cart" rights act. As the 4S shop is just close to the national road, there are many vehicles coming and going, and watching the lively vehicles has caused traffic congestion. Finally, the traffic police and the police specially came to order the farmers to drag the buffalo away from the scene. Lawyer Huang Heng believes that such acts have affected the safety of public roads and may have violated the regulations on public security management penalties.
Rethinking so many similar incidents has repeatedly occurred, it seems to remind Chinese automakers that they should pay more attention to after-sales service, at least not because they are a high-end car "big name" and disregard ordinary consumers, or condescending Attitude to deal with the owner's complaint.
Experts advised Huang Heng that the owner of the incident can completely follow the relevant regulations in the "three guarantees of the car", that is, "when the car has a failure of the steering system and the brake system fails, the consumer chooses to replace the car. The seller should Responsible for free replacement "to seek reasonable interests from the seller, or to report complaints to the relevant departments. On the issue of forensics, lawyers remind consumers to have the following evidence, such as the record of vehicle maintenance, the report of automobile quality problems, etc., so that in the event of a dispute, they can take legal weapons to protect their rights and interests.

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