Damage to the interests of consumers, operators bear the civil liability:
1. Repairs, Chongzuo, the replacement. 2. Returns. Return There are two: First, the operator of the scheduled delivery of goods or crops do not meet quality standards and the other is provided in the prices of goods, in areas such as use of deceptive propaganda. 3. Fill the number of commodities. 4. Refund the purchase price and service charge. 5. Compensation for the loss. (1) operators to provide goods or services, consumers and property damage, if not remedy the above-mentioned approach, consumers may require operators to use damages the way to solve them. (2) the operator of consumers against the violation of human dignity or personal freedom of consumers, should stop abuse, rehabilitation, remove, an apology and compensation for the loss.
How to make use of limitation of action:
1. Product Quality Law Article 45 stipulates: "The result of defective products seek compensation for damage caused during the period of limitations for 2002, since the parties knew or should have known that their interests be the beginning of damage." Here because there are shortcomings in the products Including damage to both cases, personal injury and property loss. This provision and the requirements of China's General Principles of Civil Law is not consistent. 136 of the General Principles of Civil Law, due to physical injury seek compensation for the limitation of action for one year. It should be in accordance with the provisions of the law which only this » Shall, in accordance with "2002" regulations. Because the General Principles of Civil Law Article 141 also stipulates that if other laws on limitation of action otherwise provided, in accordance with other regulations. 2. The general quality of products has caused damage to the non-infringement disputes, requests for compensation for damage limitation of action. It should be in accordance with the General Principles of Civil Law 136 of the "sale of substandard quality of goods is not a statement," "lawsuit limitation period of one year," the regulations.
How to determine the defendant:
1. Consumers in the purchase, the use of commodities, their legitimate rights and interests of the damage to the seller for the defendant. 2. Or other consumer goods for the victims of physical defects, damage to property, to the seller or producer for the defendant. 3. In the consumer services legitimate rights and interests of the damage to the service for the defendant if the damage is because the use of services caused by defective products, consumers can also to product sales, producer for the defendant. 4. If the original sellers, producers or services to corporate separation, the merger, consumers can take to change after its rights and obligations of the enterprises as the defendant. 5. If lease, transfer, including the use of other people's business license operators of the damage to the legitimate rights and interests of consumers, consumers will be able to operate or business license holders as a defendant. 6. Consumers because the operators publication of false advertising caused damage to the legitimate rights and interests, as can be operators of the defendant; advertising operators can not provide the real names, addresses, consumers may be your publisher as a defendant.
How the collection and provision of evidence:
Consumers should pay attention to storage of goods or services purchased before and after the following evidence. 1. Ad description. 2. Instruments. 3. Certification. 4, Manual. 5. Production date. 6. Warranty cards. 7. Warranty period proved. 8. Businessmen commitment. 9. Alerts marked. In addition, the parties should also provide the following evidence: documentary evidence, exhibits, audio-visual materials, the testimony of witnesses, the parties statements, identification of conclusions.
1. Repairs, Chongzuo, the replacement. 2. Returns. Return There are two: First, the operator of the scheduled delivery of goods or crops do not meet quality standards and the other is provided in the prices of goods, in areas such as use of deceptive propaganda. 3. Fill the number of commodities. 4. Refund the purchase price and service charge. 5. Compensation for the loss. (1) operators to provide goods or services, consumers and property damage, if not remedy the above-mentioned approach, consumers may require operators to use damages the way to solve them. (2) the operator of consumers against the violation of human dignity or personal freedom of consumers, should stop abuse, rehabilitation, remove, an apology and compensation for the loss.
How to make use of limitation of action:
1. Product Quality Law Article 45 stipulates: "The result of defective products seek compensation for damage caused during the period of limitations for 2002, since the parties knew or should have known that their interests be the beginning of damage." Here because there are shortcomings in the products Including damage to both cases, personal injury and property loss. This provision and the requirements of China's General Principles of Civil Law is not consistent. 136 of the General Principles of Civil Law, due to physical injury seek compensation for the limitation of action for one year. It should be in accordance with the provisions of the law which only this » Shall, in accordance with "2002" regulations. Because the General Principles of Civil Law Article 141 also stipulates that if other laws on limitation of action otherwise provided, in accordance with other regulations. 2. The general quality of products has caused damage to the non-infringement disputes, requests for compensation for damage limitation of action. It should be in accordance with the General Principles of Civil Law 136 of the "sale of substandard quality of goods is not a statement," "lawsuit limitation period of one year," the regulations.
How to determine the defendant:
1. Consumers in the purchase, the use of commodities, their legitimate rights and interests of the damage to the seller for the defendant. 2. Or other consumer goods for the victims of physical defects, damage to property, to the seller or producer for the defendant. 3. In the consumer services legitimate rights and interests of the damage to the service for the defendant if the damage is because the use of services caused by defective products, consumers can also to product sales, producer for the defendant. 4. If the original sellers, producers or services to corporate separation, the merger, consumers can take to change after its rights and obligations of the enterprises as the defendant. 5. If lease, transfer, including the use of other people's business license operators of the damage to the legitimate rights and interests of consumers, consumers will be able to operate or business license holders as a defendant. 6. Consumers because the operators publication of false advertising caused damage to the legitimate rights and interests, as can be operators of the defendant; advertising operators can not provide the real names, addresses, consumers may be your publisher as a defendant.
How the collection and provision of evidence:
Consumers should pay attention to storage of goods or services purchased before and after the following evidence. 1. Ad description. 2. Instruments. 3. Certification. 4, Manual. 5. Production date. 6. Warranty cards. 7. Warranty period proved. 8. Businessmen commitment. 9. Alerts marked. In addition, the parties should also provide the following evidence: documentary evidence, exhibits, audio-visual materials, the testimony of witnesses, the parties statements, identification of conclusions.
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