The difficult claim is more difficult that beautiful weight-reducing medicine of song sends back goods How do consumers safeguard the rights

The difficult claim is more difficult that beautiful weight-reducing medicine of song sends back goods How do consumers safeguard the rights
The difficult claim is more difficult that beautiful weight-reducing medicine of song sends back goods How do consumers safeguard the rights
Question of the special despatch of November 4 of www.xinhuanet.com Beijing: The difficult claim is more difficult that beautiful weight-reducing medicine of song sends back goods How do consumers safeguard the rights Reporter of www.xinhuanet.com Shu Jing " all right, compensation is not discussed temporarily to send back goods " . This the intersection of Taiji and group in beautiful to reduce weight attitude that indicate to consumers under medicine to recall song. As to consumer that the interests damage, how to send back goods on earth? Should Taiji group bear compensation responsibility? How to safeguard the rights, what obstacles are there? A series of question waits to solve. How to send back goods? Should compensate? "The Qu U.S.A. the whole country recall, our company launch in an all-round way on will it be 25 this month already, retail pharmacy, set up, send back goods, order in every large the whole country, have already been oriented towards the whole country and opened the free consultation hot line 4 0 0 - 8 8 7 7 - 6 9 8 . Because of our company recently 4 0 0 - 8 8 7 7 6 9 8 It is more to consult the number of people hot line, perhaps there is a busy situation of temporary traffic, please dial again in one or two days after pushing away. " This is the notice that Taiji group releases in its official website on November 2. The reporter sends a telegram to and consults in the capacity of consumer, the circuit is put through quickly. The representatives of customers transfer a staff member after inquiring the situation, say " she will deal with you " on the 5110th . After switching, staff members say: "If you do not have receipt that can be registered first, staff members will contact you within 3 workdays, tell prices and way of sending back goods. Why send back goods we have not received the notice yet, can only register first specifically. If has not contacted you, can make this telephone to complain again. " Though Taiji group says that the evidences can all send back goods to do shopping, according to staff members' statement, how the consumers without evidence of doing shopping also can't know to send back goods at present! As for the compensation question, Taiji group is still hitting " Taiji " ,Neither say that does not compensate, determine to compensate more indeterminately. Then should the manufacturer bear compensation responsibility in the legal frame? To elite, lawyer of Chinese, this being prosperous and strong to think in Yin, chamber barrister of network, Taiji group should produce the intensity of the bad reaction, side effect to consumers according to medicines consequence,etc. caused is compensated. Lawyer Yin points out, maintain that it is wrong to compensate for the view without legislative authority, it is the one-sided understanding to the law. " general rule of the civil law " stipulates clearly, the legal civil rights and interests of citizen, legal person are protected by law, any organizations and individuals can't infringe, stipulate the citizen enjoys the right of life and health at the same time. If a certain product does harm to the person's life and health or threatens, it is natural to make corresponding compensation. What difficulties do consumers have to safeguard the rights? Though many lawyers say the manufacturer should bear compensation responsibility, in realistic cases, consumers safeguard the rights and still face two problems: First, consumer's main bad reaction is a bad reaction already indicated in the manual; Second, the claim is with high costs, consumers would like to investigate. As to this, professional committee's director Qiu BaoChang of protection of consumers'rights and interests of bar association in Beijing says, the producer should adopt a correct attitude towards consumers' demand at first, it should not be the simple sending back goods to recall suddenly, should go on, compensate, buy medicine, retreat traffic, actual losses such as expense,etc. while delaying work to consumer by mistake that medicine cause for instance, and the potential losses of heart illness,etc. that may initiate, should all compensate or resolve through consultation, could win the confidence of consumers in this way. Has gone wrong and does not bear responsibility, very unfair for consumer. As to already indicating the statement of the bad reaction in the manual, Qiu BaoChang thinks, if the bad reaction of medicines reaches certain severity, should take the remedy of recalling or compensating etc., can't show clearly that can avoid the responsibility. So-called to what the producer declares " There is not a serious bad reaction over the past 10 years " ,Qiu BaoChang says, medicines have risk that has confirmed the fact already, no risk producer would not recall. 10 -year long selling time for consumer very risky, so producer should offer reasonable compensation to faithful long-term user. In addition, according to having laws now, consumers adopt legal procedure to safeguard the rights for this alone, will consume a large number of energy and higher lawsuit cost, as to the illegal cost, consumers " The cost is too high to safeguard the rights " . Prosperous and strong suggestion Yin as to this, the intersection of economy and consider, consumer rights keeping organization should organize consumers to safeguard the rights collectively from safeguard the rights, to reduce the personal safeguarding the rights cost. The safeguarding of consumption right, how to set out? Reporter know Beijing favour the intersection of city and yellow the intersection of will and refined lawyer of lawyer's office initiate collective proposal of lawsuit when being a little rich already. Yellow will said to reporters refinedly: "I initiate the original intention of the lawsuit activity, on the surface it is for the interests of safeguarding the victim, the essence is for the legitimate interests of safeguarding the masses of consumers including oneself too. Through such a case, come to impel the manufacturer to have social responsibility even more, promote the national supervision about strengthening food medicines in the administrative department too, improve the supervision measure, and not merely stay on the file. " Huang ZhiBin says, even a legal thing that produced, so long as cause the human damage to products user, there is existence of damaging the result, must bear compensation responsibility legally. According to the regulation of article 43 of " law of liability for tort ", cause the damage by the fact that the products have defects, can ask to compensate to the producer by the infringer, can ask to compensate to the seller of the products too. Qiu BaoChang proposes, as to the consumers who is damaged directly, the producer should compensate directly. As to the indirect, does not have definite damage, consumers and the producer can resolve through consultation in line with fair and reasonable sincerity way. Consumers can advocate the right, but can't " boast " to the producer ,Producer can't either " Very stingy " ,It is the best way to resolve through consultation. In addition, many lawyers think, should fill in mechanism's loophole, improve the legal system even more while consumers safeguarded the rights. BaoChang Qiu think incident this one big problem happened to expose, our country's risk appraisal system to medicines have defects, need to further strengthen supervision. Yin prosperous and strong to show, while the law revises or improves should strengthen to infringe the intersection of citizen and the intersection of life and health and the intersection of right and behavioral punishment, change the inherent one " The illegal cost is too low " State. Law have deterrent force only, could let some illegal enterprise " it dares to be " ,The right of life and health not daring to take the citizen is regarded as a trifling matter.


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