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Supreme Law: it is not allowed to claim that the seven-day unwarranted return system does not apply on the grounds that the goods have been unsealed.

2025-02-21 Update From: SLTechnology News&Howtos shulou NAV: SLTechnology News&Howtos > IT Information >

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Shulou(Shulou.com)11/24 Report--

Thanks to CTOnews.com netizens for their witty BLACK and unbeatable clues to deliver! CTOnews.com, December 28, the Supreme people's Court issued the opinion on the provision of Judicial Services and Protection for promoting consumption (hereinafter referred to as the "opinion") on December 27, which made it clear that the seven-day unwarranted return system should not be claimed on the grounds that the goods had been unsealed.

In Article 7 of the first item of the opinion, "strengthening the Judicial Protection of consumers' Rights and interests," the Supreme people's Court pointed out that the protection of consumers' rights and interests under new business type should be strengthened. Consumers who purchase goods through the Internet have the right to return the goods within seven days from the date of receipt of the goods in accordance with the law, without giving reasons, except as otherwise stipulated by law. If it is necessary for consumers to unseal and inspect the goods and do not affect the integrity of the goods, e-commerce operators shall not argue that the seven-day unwarranted return system is not applicable on the grounds that the goods have been unsealed. E-commerce operators who make better promises shall abide by them. If the goods meet the statutory or agreed conditions for termination of the contract seven days after receipt of the goods, and the consumers advocate the timely return of the goods, the people's court shall support them in accordance with the law.

In addition, the "opinion" clearly stipulates that if express delivery personnel intentionally or seriously negligent acts such as unauthorized use of express goods, illegal opening of express packages, and violent sorting of express delivery lead to the loss or damage of express goods, consumers demand compensation for the losses, and if the express service provider puts forward an exemption defense in accordance with the exemption clause, the people's court will not support the defense. If the operator blindly sends express delivery to the consumer, and the consumer requests unconditional return, the people's court shall support it in accordance with the law.

CTOnews.com learned that the "opinions" have also strengthened the judicial protection of consumers' rights and interests, adopted the strictest measures to protect the safety of food and drugs, strengthened the protection of consumers' rights and interests in prepaid consumption, and dealt with the "overlord clause" in the field of consumption in accordance with the law.

Opinions on the provision of judicial services and protection for the promotion of consumption

Consumption plays a fundamental role in economic development, and the final consumption is the lasting driving force of economic growth. Promoting consumption is of great significance to unleashing the potential of domestic demand, promoting economic transformation and upgrading, ensuring and improving people's livelihood. In order to fully, accurately and comprehensively implement the new development concept, speed up the construction of a new development pattern, strive to promote high-quality development, further give play to the functions of the people's courts, comprehensively promote consumption and speed up the upgrading and upgrading of consumption, to help implement the strategy of expanding domestic demand, the following suggestions are put forward.

I. strengthening the judicial protection of consumers' rights and interests

1. Take the strictest measures to protect the safety of food and drugs. Strictly implement the requirements of the "four most stringent", give full play to the judicial function, and severely crack down on counterfeiting and selling of the whole chain of food and drug production, transportation, warehousing, and sales, so as to ensure the people's "safety on the tip of the tongue" and "safety on the tip of the needle." The first responsibility system shall be strictly applied in accordance with the law, avoid mutual prevarication between producers and operators, and protect the legitimate rights and interests of consumers in a timely manner. To support and supervise administrative organs in the management of food producers and operators who produce and operate food that do not meet food safety standards, and food producers and operators whose illegal production and business operations have caused serious consequences, as well as producers and operators who produce, sell and use fake or substandard drugs to maintain market order. We will severely punish according to law the crimes of producing and selling food that do not meet safety standards, the crime of producing and selling toxic and harmful food, as well as the crime of producing and selling counterfeit drugs and the crime of producing and selling inferior drugs, give full play to the deterrent effect of penalties on crimes related to food and drug safety.

two。 Cut off the production and management chain of the "black workshop" by the strictest means. Where the production and operation of prepackaged food does not indicate the name, address, production date and shelf life of the producer in accordance with the law, and the consumer claims that the producer or business operator shall bear punitive liability for damages, the people's court shall support it in accordance with the law, except where laws, administrative regulations and national standards for food safety provide otherwise for labelling. Whoever produces drugs without obtaining the relevant approval documents of drugs or knowingly sells such drugs, and the indications, functions or ingredients of the drugs are unknown shall be punished according to the crime of impairing the administration of drugs; the drugs shall be determined as fake and shoddy drugs according to law, if the producer or business operator simultaneously constitutes the crime of producing or selling fake drugs or the crime of producing or selling inferior drugs, he shall be convicted and punished in accordance with the provisions with heavier penalties. It is necessary to investigate not only producers but also operators according to law, and resolutely cut off the chain of production and management of food and drugs in "black workshops".

3. Curb the counterfeiting and selling of food and medicine with the strictest liability for compensation. Give full play to the role of punitive liability in curbing counterfeiting and selling counterfeiting. If consumers, victims or their close relatives request producers or business operators to bear liability for punitive damages if they produce food that does not meet the food safety standards or deal in food that knowingly does not meet the food safety standards, or still sell or use fake or substandard drugs, the people's court shall support them in accordance with the law.

4. We will strengthen the protection of consumers' rights and interests in prepaid consumption. If a business operator fails to fulfill its promise to deduct fees, increase fees arbitrarily, or reduce the quality of goods or services after attracting consumers to deposit expenses and handle card consumption with discounts or low prices, and the consumers request the business operators to bear the liability for breach of contract, the people's court shall support it in accordance with the law. If a business operator fails to sign a written contract with the consumer after receiving the consumer's advance payment, resulting in a dispute between the two parties over the content of the contract, the content of the contract may be determined in accordance with the trading habits and Article 511 of the Civil Code. Where a business operator, after receiving the advance payment, terminates business without notifying the consumer of the refund, thus causing the consumer to neither continue to obtain the goods or services nor apply for a refund, thus constituting fraud, the people's court shall support the consumer's claim for punitive damages against the business operator. If the behavior of a business operator constitutes a crime, he shall be investigated for criminal responsibility according to law.

5. Deal with the "overlord clause" in the field of consumption in accordance with the law. If the operator who provides the standard terms fails to perform the prompting or explanation obligations in accordance with the law, so that the consumers do not pay attention to or understand the terms that have a significant interest with them, the consumers shall have the right to claim that the terms do not become the content of the contract. If consumers advocate that the standard terms provided by business operators that exclude or unreasonably restrict the main rights of consumers, and unreasonably exempt or reduce the responsibilities of business operators are invalid, the people's court shall support them in accordance with the law. If there is a dispute over the understanding of the standard clause and the consumer advocates interpretation in accordance with Article 498 of the Civil Code, and the operator defends on the grounds that he has the right of final interpretation, the people's court shall not support the defense.

6. Properly handle disputes over live e-commerce and platforms. The responsibility of the studio operator is determined according to the factors such as whether the studio operator has fulfilled the marking obligation, the transaction appearance, the agreement between the studio operator and the operator, the cooperation mode with the operator, the transaction process and the consumer cognition. If the operator of the online catering service platform fails to fulfill his legal obligations such as real name registration and examination of the license, and the consumer claims that the operator of the online catering service platform and the online catering service provider bear joint liability, the people's court shall support it in accordance with the law. Considering the nature, source, quantity, price, frequency, other sales channels, income and other factors of the goods sold by the seller, it can be determined that the seller is engaged in commercial activities, if the consumer who buys the commodity on the second-hand commodity network trading platform claims that the seller bears the responsibility of the operator in accordance with the law of consumer rights and interests protection, the people's court shall support it in accordance with the law.

7. We will strengthen the protection of consumers' rights and interests under new business type. Consumers who purchase goods through the Internet have the right to return the goods within seven days from the date of receipt of the goods in accordance with the law, without giving reasons, except as otherwise stipulated by law. If it is necessary for consumers to unseal and inspect the goods and do not affect the integrity of the goods, e-commerce operators shall not argue that the seven-day unwarranted return system is not applicable on the grounds that the goods have been unsealed. E-commerce operators who make better promises shall abide by them. If the goods meet the statutory or agreed conditions for termination of the contract seven days after receipt of the goods, and the consumers advocate the timely return of the goods, the people's court shall support them in accordance with the law.

8. We will strengthen the protection of consumers' rights and interests in express delivery services. Due to the intentional or gross negligence of express delivery personnel such as unauthorized use of express goods, illegal opening of express packages, violent sorting of express delivery, etc. resulting in the loss or damage of express goods, consumers claim compensation for the losses, if the express service provider puts forward an exemption defense in accordance with the exemption clause, the people's court shall not support the defense. If the operator blindly sends express delivery to the consumer, and the consumer requests unconditional return, the people's court shall support it in accordance with the law.

9. Strengthen the protection of consumers' personal information. The handling of sensitive personal information and cross-border transfer of personal information by business operators shall obtain the separate consent of consumers, and if the operators make an exemption defense on the grounds that they have obtained the general consent of consumers, the people's court shall not support the defense. Where a business operator excessively collects consumer personal information, fails to stop processing or fails to delete consumer personal information in a timely manner after the consumer withdraws his consent, or fails to obtain the consent of the parents or other guardians of the underage consumer to deal with the personal information of the underage consumer under the age of 14, and if the consumer requests the business operator to bear civil liability such as stopping the infringement, the people's court shall support it in accordance with the law. Where a business operator refuses to provide commodities or services on the ground that the consumer does not agree to deal with personal information, so that the consumer is forced to agree to the business operator to handle the personal information, and the consumer requests the business operator to bear civil liability such as stopping the infringement, the people's court shall support it in accordance with the law. If a business operator cannot prove that he is not at fault by handling personal information and causing damage to the rights and interests of personal information, he shall bear tort liability such as damages.

10. We will strengthen the protection of the rights and interests of housing consumers. Strictly protect the housing sales contracts established and effective in accordance with the law, maintain market order, help implement a long-term mechanism for the stable and healthy development of the real estate market, actively protect residents' reasonable demand for self-occupation, curb speculative demand for investment, and promote the healthy development of residential consumption. we will promote the stabilization of land prices, housing prices and expectations. The people's court shall strengthen mediation and guide the parties to negotiate and resolve disputes over commercial housing sales contracts caused by overdue payment, overdue delivery of houses, overdue certificates and other acts of breach of contract; if the parties request the defaulting party to bear the liability for breach of contract of late payment, overdue delivery of houses or issuing certificates within the time limit, the people's court shall deal with them in accordance with the provisions of articles 13 and 14 of the judicial interpretation of the commercial housing sales contract. If the seller maliciously colludes with a third party after selling the house, concludes a separate contract for the sale of commercial housing and delivers the sold house to a third party for use, resulting in the original buyer being unable to obtain the house, the people's court shall determine in accordance with the law that the contract for the sale of commercial housing concluded between the seller and the third party is invalid.

11. Properly handle consumer travel disputes. If the epidemic situation or epidemic prevention and control measures cause consumers to be unable to perform the tourism, passenger transport, accommodation and other contracts, and the consumers request to terminate the contract and refund the deposit and price, the people's court shall support it in accordance with the law. If a consumer requests to change the contents of the contract, such as the time of service provided by the business operator, the people's court shall strengthen mediation; if mediation fails, the people's court may make a judgment by comprehensively considering the transaction habits, the purpose of the contract, the specific circumstances of the case and other factors. The people's court will not support the operator who only advocates refusing to refund or reducing the deposit and price on the ground that the consumer exceeds the refund time announced by the operator. Give full play to the role of the Tourism Circuit Court to resolve tourism disputes on the spot and quickly, so as to facilitate consumers to safeguard their rights in scenic spots.

twelve。 Properly handle consumer shopping disputes related to the epidemic. Where a business operator clearly knows that epidemic prevention articles such as masks, goggles, protective clothing, disinfectant and other epidemic prevention articles are fake and shoddy commodities and constitute fraud, and consumers request the business operators to bear the responsibility of punitive damages, the people's court shall support them in accordance with the law. If the behavior of a business operator constitutes a crime, he shall be investigated for criminal responsibility according to law. During the epidemic, business operators take advantage of the situation that consumers are in a state of crisis and lack of judgment to bid up prices, charge high express fees and other fees, resulting in obvious unfairness of the contract concluded, and if the consumer requests to cancel the contract, the people's court shall support it in accordance with the law. If, after the contract is revoked, the consumer is unable to return or there is no need to return the subject matter of the contract, the people's court may determine the price of the consumer's discount compensation in accordance with the relevant laws and regulations, trading habits and the principle of fairness.

13. Properly handle disputes over medical and health services and sports consumption. Try disputes over liability for medical damage in accordance with the law, and actively protect the legitimate rights and interests of patients and other parties. Punish medical crimes in accordance with the law, severely punish "medical trouble", maintain normal medical order, and build a harmonious doctor-patient relationship. We will actively guide medical institutions and other institutions to increase high-quality medical care, health care, rehabilitation, health tourism and other services, so as to promote the construction of a healthy China. Accurately apply the civil legal system such as voluntary risk, properly handle all kinds of disputes arising from sports consumption, promote mass sports consumption, and help implement the national fitness strategy.

14. We will strengthen the protection of the rights and interests of underage consumers. Properly handle disputes over service contracts such as childbearing, childcare and education, promote the development of consumption of childcare services, and help improve the quality of educational services. If the canteens of schools, kindergartens and other units fail to strictly abide by laws, administrative regulations and food safety standards, order meals from enterprises that have obtained permission for food production and operation, or fail to inspect the ordered food in accordance with the requirements, if the food provided does not meet the food safety standards, and the consumer requests it to bear the liability for compensation, the people's court shall support it in accordance with the law. Handle criminal cases of endangering food safety in accordance with the law, regard "endangering the main and auxiliary food safety for infants and young children" as the aggravating circumstances, and strengthen the special protection of the food safety of minors. Where an online game or webcast service provider provides online games or webcast services to minors in violation of the law, collects recharge fees and accepts live broadcast rewards, and consumers request the refund of game recharge fees and reward fees, the people's court shall support it in accordance with the law. If a person with limited capacity for civil conduct, without the consent of his guardian, spends money that is not appropriate to his age and intelligence by participating in online paid games or rewards on the online live broadcast platform, and the consumer requests the return of the money, the people's court shall support it in accordance with the law. We will step up efforts to crack down on network violations and actively create a healthy, clear and conducive network environment for the growth of minors.

15. We will strengthen the protection of the rights and interests of elderly consumers. By exaggerating the functions of treatment, health care and health preservation of fictional commodities or services, selling low-quality and high-priced commodities or services to elderly consumers, which constitutes fraud, and consumers request producers and operators to bear punitive damages liability, the people's court shall support it in accordance with the law. If business operators induce elderly consumers to buy commodities or services such as health food that do not meet their needs or obviously exceed their needs, resulting in obvious unfairness of the contract, and the consumer requests to cancel the contract, the people's court shall support it in accordance with the law. If the behavior of a business operator constitutes a crime of fraud, he shall be investigated for criminal responsibility according to law; if at the same time, other crimes such as the crime of producing or selling fake and shoddy products are constituted, he shall be convicted and punished in accordance with the provisions of heavier punishment. By creating a good environment under the rule of law and serving the coordinated development of pension undertakings and pension industry, we will help to develop the silver economy.

16. We will strengthen the protection of the rights and interests of rural consumers. In accordance with the law, we will severely crack down on illegal acts in the rural food market, such as counterfeiting well-known brands, abusing food additives, selling expired food, and making and selling food without a manufacturer, without a production date, without a shelf life, and without a food production license. Promote "express delivery into the village", provide high-quality judicial services for large-scale trade circulation enterprises, e-commerce platforms and modern service enterprises to extend to rural areas and open up rural consumer markets, so that rural consumers can fully enjoy good goods, good services and good prices.

II. Strengthen the judicial protection of the rights and interests of producers and operators

17. Protect the property rights and operational autonomy of producers and operators in accordance with the law. We will strengthen the judicial protection of property rights, comprehensively and equally protect all kinds of property rights in accordance with the law, improve the property rights protection system based on the principle of fairness, give full play to the role of property rights protection in stimulating the output of goods and services, and help expand consumption and supply. We should try administrative cases involving market access and operational autonomy in accordance with the law, and fully protect the right of producers and operators to organize production and operation on their own in accordance with the law. The behaviors of administrative organs illegally restricting producers and operators to build car charging facilities and property management companies unreasonably hindering owners from building car charging facilities should be regulated in accordance with the law to help solve the problems of pain points and blocking points in electric vehicle consumption.

18. Protect the rights and interests of various market entities in rural areas in accordance with the law. In accordance with the law, we will punish illegal and criminal acts such as the production and sale of fake seeds, fake chemical fertilizers, fake pesticides, and other illegal and criminal acts of agricultural means of production and fake and shoddy commodities that do not meet the state's compulsory technical standards or safety standards, and protect the legitimate rights and interests of the main body of the rural market according to law. We will severely crack down on seed license infringement, earnestly safeguard the legitimate rights and interests of innovative subjects in the seed industry, purify the seed industry market, and safeguard food security. We will promote the implementation of projects such as "promoting agriculture by number of businessmen" and "Internet +" agricultural products from villages to cities, help achieve the goals of revitalizing agriculture by quality, invigorating agriculture through science and technology, and green development, and provide strong judicial services and guarantee for the implementation of the strategy of rural revitalization.

19. Strengthen the protection of intellectual property rights. We will strictly implement the system of punitive damages for intellectual property infringement, effectively curb intellectual property infringement, promote the output and application of scientific and technological innovation achievements by strengthening judicial protection, and help build a scientific and technological power. We will crack down on dishonest litigation behaviors such as false litigation, malicious litigation, and abuse of litigation rights in the field of intellectual property rights in accordance with the law, and actively create a good legal environment for technological research and development and scientific and technological innovation in the broad masses of markets. We will strengthen the judicial protection of the key core technologies and original innovation achievements of "specialized and innovative" small and medium-sized enterprises, support and guide market subjects to enhance their core competitiveness through technological progress and scientific and technological innovation, and actively give full play to the supply side's supporting and leading role in consumption upgrading. We will strengthen copyright protection for cultural and creative products, encourage the creation of cultural and creative products, promote the development of high-quality cultural resources and the creative transformation and innovative development of excellent Chinese traditional culture, and increase the supply of high-quality cultural products and services.

20. To ensure the healthy and orderly development of the platform economy. Accurately identify the legal liability of e-commerce platform operators, platform operators and freight logistics service providers. Protect and guide market entities such as e-commerce platform operators and express logistics operators in accordance with the law to do a good job in the online and offline linkage of "the last kilometer" of epidemic prevention materials and important livelihood commodities in epidemic prevention and control. Guide market players such as e-commerce platform operators to speed up technological research and development breakthroughs and business model innovation in the areas of artificial intelligence, cloud computing, blockchain, operating systems, processors, and so on, and constantly open up new consumer markets. Grasp the "traffic light" in the economic development of the platform, stabilize development expectations, stimulate investment vitality, help build a platform development environment in which the rights and interests of e-commerce platform operators, operators and consumers are effectively protected and the enthusiasm of all parties are fully stimulated, so that capital can play a greater and better role in promoting consumption, stable growth and benefiting people's livelihood.

21. Help cultivate new types of consumption. We will support the integrated development of online and offline commodity consumption in accordance with the law. Promote the digital transformation and upgrading of traditional offline formats, and promote the development of new retail formats such as smart supermarkets, smart stores, smart restaurants and so on. We will protect 5G and gigabit optical network applications in accordance with the law, and support technical applications such as autopilot and unmanned distribution in accordance with the law. To properly handle disputes caused by new types of services such as "Internet + Social Service" and "Internet + Medical and Health" service, we should not only protect the legitimate rights and interests of consumers in accordance with the law, but also support the development of new types of consumption patterns such as contactless transaction services in accordance with the law. Properly handle disputes arising from shared travel, shared accommodation, shared tourism and other areas of shared economy, reasonably identify the duty of care and legal liability of relevant civil subjects, and support and guide the healthy development of new ways of life and consumption. We will protect the new individual economy in accordance with the law and support diversified business models such as social e-commerce and webcast.

twenty-two。 Properly handle disputes over housing rental contracts. If the epidemic situation or epidemic prevention and control measures cause small and micro enterprises, individual industrial and commercial households and other lessees to have no income or significantly reduce their income, resulting in difficulties in paying rent, if the lessor requests to terminate the house lease contract, and the lessee shall bear the responsibility for breach of contract, the people's court shall strengthen mediation and guide the lessor and lessee to share losses reasonably so as to overcome the difficulties. If there is a dispute over the amount of rent of state-owned housing and the lessee requests rent reduction or reduction in accordance with the provisions of the relevant government organs, the people's court shall support it in accordance with the law. If the lessor advocates that the tax authorities should reduce or reduce the house property tax and urban land use tax in accordance with the relevant provisions in accordance with the law or the state tax policy, the people's court shall support it in accordance with the law.

Third, maintain honest, fair and efficient market order

23. Create an honest and trustworthy market environment. Where producers and business operators fabricate or exaggerate the efficacy of commodities and services, thus constituting fraud, and consumers request producers and business operators to bear punitive damages, the people's court shall support them in accordance with the law. If the act of a producer or business operator constitutes a crime, he shall be investigated for criminal responsibility according to law. We will resolutely crack down on criminal activities such as telecommunications network fraud, curb the dishonest behavior of fraudulent consumers, and guide producers and operators to gain competitive advantage by improving the quality of goods and services. Promote the honest and trustworthy operation of operators and ensure that consumers spend clearly.

24. Maintain a fair competitive market order that is conducive to promoting consumption. In accordance with the law, market subjects such as e-commerce platform operators with market dominant position should be subject to abuse of market dominant position, such as charging high monopoly prices and forcing "choose one of the two". We will actively create a business environment conducive to the development of small and micro enterprises and individual industrial and commercial households, curb behaviors that damage consumers' rights and interests due to the deterioration of the market competition environment caused by monopoly and unfair competition, and give full play to the role of small and micro enterprises and individual industrial and commercial households in enriching the supply of goods and services, increasing public income and promoting the development of consumption. Regulate monopolistic and unfair competition behaviors such as discriminatory treatment, false publicity, letter speculation by brushing orders, and compulsory tying in accordance with the law, and actively create a market environment for fair competition.

25. We will promote the construction of a social credit system that is conducive to enhancing consumer confidence. We will strengthen information communication with administrative organs and other units, actively link up with the untrustworthy list system of market regulatory departments in the field of consumption, and promote the joint construction of an information disclosure platform for untrustworthy and illegal producers and operators. We will improve the mechanism of incentive and punishment for breaking promises, increase the cost of illegal operations, and create a market environment that is afraid, unable, and unwilling to operate illegally. Support and guide industry associations, e-commerce platform operators and other subjects to build credit punishment mechanisms within the association and within the platform in accordance with the law, and to strengthen the construction of the consumer credit system through industry autonomy, platform regulation, prevention and reduction of illegal production and operation practices such as fraud. Actively promote the construction of a social credit system with multi-force participation, multi-channel co-construction, and multi-platform co-promotion, which is conducive to curbing fraud and enhancing consumer confidence.

twenty-six。 Ensure a safe and efficient logistics system in accordance with the law. To further strengthen administrative trials and properly handle administrative cases involving the circulation of commodities, we should not only support the necessary epidemic prevention measures taken by administrative organs in accordance with the law, but also correct administrative acts such as illegally setting up cards and hindering logistics that improperly interfere with microeconomic activities in accordance with the law. we will ensure the normal flow of commodities, promote the smooth and orderly transportation of goods and materials across regions, and help ensure a stable supply and price of daily necessities. In accordance with the requirements of "overall planning for epidemic prevention and control and economic and social development", we should help to make overall planning and orderly development in epidemic prevention, production and consumption, so as to promote the construction of a unified market throughout the country.

IV. Further improve the level of judicial service

twenty-seven。 Improve the quality of online resolution of consumer disputes. The parties and their litigation representatives cannot normally appear in court to participate in the proceedings due to the epidemic, and if they meet the conditions, they shall carry out litigation activities online in accordance with the law. We will promote the improvement of digital application infrastructure such as electronic authentication, actively meet the requirements of consumption development in the Internet era, and respond to the judicial needs of the people for fair, efficient and convenient dispute resolution. Accurate application of online litigation rules and other provisions, give full play to online litigation flexible, simple, all-weather, easy to operate and other advantages. Accurately apply the rules of online mediation, give full play to the advantages of diversified participation in online mediation, online full process, open integration, and integrated dispute resolution, to achieve the unity of improving the quality of online consumer dispute resolution and protecting the legitimate litigation rights and interests of the people.

twenty-eight。 Improve the judicial relief system for consumers' rights and interests. We will further improve the connection mechanism between consumer civil public interest litigation and private interest litigation, and explore the establishment of a punitive damages system for food safety civil public interest litigation. Handle consumer public interest litigation cases in accordance with the law, and give full play to the role of public interest litigation in protecting the legitimate rights and interests of consumers, curbing illegal production and operation, and maintaining honest and efficient market order. Explore the establishment of a consumer class action system, make full use of the small claim system, reduce the cost of safeguarding consumers' rights, and protect consumers' legitimate rights and interests in a timely and efficient manner. We will continue to increase the supply of judicial services to rural consumers, and actively guide and coordinate consumer organizations, the main body of public interest litigation, and judicial assistance forces to tilt to rural areas. The people's courts should give full play to the advantages of being based on the grass-roots level, facing the masses, and serving rural areas, and properly handle disputes related to leisure agriculture, rural tourism, residential economy, and so on.

twenty-nine。 We will promote the construction of a comprehensive governance system that is conducive to promoting consumption. Adhere to systematic thinking and comprehensive management. We should give full play to the role of an one-stop diversified dispute resolution and litigation service system, and extensively invite mediators from people's mediation, professional mediation in the industry, and administrative mediation, as well as deputies to the National people's Congress, CPPCC members, industry experts, and retired legal workers to participate in consumer dispute mediation and resolve disputes in a diversified manner. By means of issuing judicial advice, exchanging information and joint credit punishment, we can form a joint force to regulate illegal production and operation activities such as the production and sale of fake and shoddy commodities, infringement of personal information rights and interests, false propaganda and so on. We will actively build a pluralistic governance system with the participation of judicial organs, administrative organs, consumer organizations, trade associations and other parties, improve the diversified consumption rights protection mechanism and dispute resolution mechanism, and create a good legal environment for protecting consumers' rights and interests and promoting consumption.

thirty。 We will strengthen publicity on the judicial protection of consumers' rights and interests. Give full play to the exemplary and leading role of judicial decisions, strengthen the publicity work of judicial protection of consumers' rights and interests by way of case analysis, issuing typical cases, carrying out itinerant trials, sending laws into villages and enterprises, and so on, so as to popularize the legal knowledge of consumer rights protection; protect the public opinion supervision of news media over illegal production and operation such as the production and sale of fake and shoddy commodities in accordance with the law. Guide producers and operators to operate honestly and trustworthy, advocate a frugal and intensive green lifestyle, and create a safe, honest and assured consumption environment.

supreme people's court

December 26, 2022

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