ID cards are not easily lend quality problems Shenxuan retreat to the proceedings to accurately identify the direction of the burden of proof is not inverted
Principle 1
ID cards can not be easily lend
Reflected the situation
Last year, I will be loaned to the same quarters of the ID card lead car was a catalyst for a written agreement, which is provide me with identity cards, the car of my household, but the actual use of the car and is boss.
March this year, the boss will be leased to Qimou car. After the expiration of one month, even cars with Qimou people are missing.
I lead and made a report to the police station, police said a lease agreement should be civil disputes, not on file. As cars have disappeared, the eldest child Yiqizhixia not a loan.
Bar tips
ID card lending in this issue, we must re-Shen and Shen.
Analysis of lawyers
As boss and Qimou between the lease agreement, which Qimou a vehicle that is achieved through legal channels. Thus, while one-month lease period has expired, Qimou also, cars disappear, but only thus can not simply that the act is Qimou theft.
The case in real life very typical, their identity card "by" for others to risks, while the purchase of a car. In addition to car buyers who do not repay the banks will find time to come, the future, if this appears to traffic accidents, car owners also face the risk of compensation.
There is another extreme is the case, if a person will lend their ID card number of people to different parts of cars, if the purchaser does not have a repayment on time, the ID card lending is likely to be people suspected Involved in fraudulent activities, and will face the risk of being prosecuted for criminal liability.
Bar Zhizhao
At this stage, to avoid greater losses in the future, the priority is Xianzhao vehicles through various channels, including finding Qimou. Only to find the car, will it be possible to stop-loss.
Qimou in the car and can not find the circumstances, you can claim their rights, which called for the return of lead vehicles and additional Qimou for a third person. In the meantime, if the eldest child to the bank to stop payment, the monthly repayment you can, and then lead to the recovery of the money.
Principle 2
Automotive consumer disputes the burden of proof is not inverted
Reflected the situation
I bought the car a few months later, engine problems. Later, I stand for the maintenance of the engines, when I went to change the procedures for the Che Kwun when found, the new engine for this fight, no, and no certification. In the absence of the engine, my car is not on the road, this is clearly fraud.
After the litigation process, the engine manufacturers to provide a certificate of competency, but I think that this certificate and now I can not prove that the car that without Taiwan, the quality of the engine is qualified, because they do not have one-to-one relationship.
Bar Zhizhao
At present, China's principle of the proceedings of the burden of proof is "who advocate who is the burden of proof", the automotive consumer disputes involving the quality of proof is not "inversion of the burden of proof" of the range. Therefore, you have raised the quality of engine problems, to bear the burden of proof.
In this case, attention should be paid to select the right direction for the proceedings to avoid the mistakes leading to the direction of the proceedings was rejected by the court. Not recommended to the grounds of fraud prosecution. V. specific infringement or breach of contract by the choice of this depends on more specific circumstances.
Analysis of lawyers
The general view that as long as manufacturers produce the certificate is true, it should be the engine that is qualified and can not be passed after the card is produced by the inference is not up to standard products, or products have quality problems.
Principle 3
Proceedings to select the right direction
Reflected the situation
In 2001 I bought a car shortly before police in the identification number of beams, they found a place, surrounded by steel Qiaoqi marks. In fact, the beams, is now playing in a steel, used in the original glue on the beams, and, under two completely different number.
Two beams of a car, registration certificate did not do down does not say that I can not drive on the road. Che Kwun requested by the manufacturers prove that I used, and describes the "one car on the 2nd" reasons. Manufacturers can be said that a long time, the reasons for this situation has been no investigation. I propose to manufacturers for a new car.
I think that the car number can be seen as the beams of the vehicle certification logo, a manufacturer of identification theft, obviously constitute fraud. Therefore, I request that the relevant provisions of the Consumers Act, according to my car when the price of double compensation, and compensation for my years of insurance costs.
Bar Zhizhao
At present, in the field of automobile consumption disputes the law applicable to the general consumer protection law, product quality and contract law, to solve the real problem is to depend on contract law. In other words, most disputes are resolved through civil litigation.
V. choose from infringement case for properly. I suggest you can ask the manufacturers to replace you a new car, and to post a part of compensation. At the same time, you can seek compensation over the past few years on the cost of insurance, Yang Lufei, travel tax and other car-related costs.
Analysis of lawyers
In addition to the fraud that objective element, there are subjective factors, namely the existence of subjective intentional. Manufacturers can not find out the reasons that can not be subjective in that there is deliberate fraud.
If there is evidence that this was done out of good will consider, for instance, miscalculated the beams that, to go through a series of re-fight deal with the process, but it may reduce the intensity of the beams in turn affect the safety performance of vehicles, And to take this kind of "remedial measures" can not only reduce production costs, but also guarantee the safety performance of vehicles.
Therefore, manufacturers can identify the original practices constitute fraud, can not simply be inferred from our present to determine.
Principle 4
Citing problems with quality requirements is very difficult to retire
Readers complained
October 2003, I bought a car. March 2004 found that there is a problem with vehicles, engines have abnormal sound. 4 S repair shop found that the breakup is to check the engine. According to investigation, 4 S engine shops that have quality problems, so they gave me one for the engine.
This did not expect the new Taiwan for the engine or a problem, for a six-valve mandril, the valve abnormal sound or have not been solved. At this time I have proposed to retreat, dealers said that the vehicle can not retreat, only maintenance.
I prosecuted to the court and called for the valve engine to identify abnormal sound. Unexpectedly, for the identification of several agencies, they said that due to technical conditions of the restrictions, could not be identified.
Analysis of lawyers
Identification of bodies for identification of the cause can not be carried out to identify the results or not, you have to bear the burden of proof can not be negative consequences.
Bar tips
To advocate retreat vehicle quality problems, the difficulty of achieving considerable, grasp the timing of the proceedings very important.
Bar Zhizhao
To the consumer, the burden of proof difficult, difficult to identify, is difficult to claim disputes in the auto consumption of the three major difficulties.
At this stage, China is still not a neutral, third-party independent accreditation body, identification of bodies and more than a dozen car manufacturers have a inextricably linked, so identification of Nanbu Nan understanding.
In this case, the replacement engine and the replacement of the new engine for repairs after the lawsuit seeking to retreat from the tactical sense, has missed the opportunity.
The disintegration of the engine, replacement, maintenance, objectively speaking, the engines have quality problems with the evidence of a series of the process has been lost. At this time, no further problems with the quality requirements of retirement vehicles, almost zero possibility.
Therefore, this case demands the best time to retire the election should be the first found in the car engine problems, 4 S engine shop also admitted that there are quality problems, and you make the decision to replace the engine, but has not yet suitable replacement.
Principle 1
ID cards can not be easily lend
Reflected the situation
Last year, I will be loaned to the same quarters of the ID card lead car was a catalyst for a written agreement, which is provide me with identity cards, the car of my household, but the actual use of the car and is boss.
March this year, the boss will be leased to Qimou car. After the expiration of one month, even cars with Qimou people are missing.
I lead and made a report to the police station, police said a lease agreement should be civil disputes, not on file. As cars have disappeared, the eldest child Yiqizhixia not a loan.
Bar tips
ID card lending in this issue, we must re-Shen and Shen.
Analysis of lawyers
As boss and Qimou between the lease agreement, which Qimou a vehicle that is achieved through legal channels. Thus, while one-month lease period has expired, Qimou also, cars disappear, but only thus can not simply that the act is Qimou theft.
The case in real life very typical, their identity card "by" for others to risks, while the purchase of a car. In addition to car buyers who do not repay the banks will find time to come, the future, if this appears to traffic accidents, car owners also face the risk of compensation.
There is another extreme is the case, if a person will lend their ID card number of people to different parts of cars, if the purchaser does not have a repayment on time, the ID card lending is likely to be people suspected Involved in fraudulent activities, and will face the risk of being prosecuted for criminal liability.
Bar Zhizhao
At this stage, to avoid greater losses in the future, the priority is Xianzhao vehicles through various channels, including finding Qimou. Only to find the car, will it be possible to stop-loss.
Qimou in the car and can not find the circumstances, you can claim their rights, which called for the return of lead vehicles and additional Qimou for a third person. In the meantime, if the eldest child to the bank to stop payment, the monthly repayment you can, and then lead to the recovery of the money.
Principle 2
Automotive consumer disputes the burden of proof is not inverted
Reflected the situation
I bought the car a few months later, engine problems. Later, I stand for the maintenance of the engines, when I went to change the procedures for the Che Kwun when found, the new engine for this fight, no, and no certification. In the absence of the engine, my car is not on the road, this is clearly fraud.
After the litigation process, the engine manufacturers to provide a certificate of competency, but I think that this certificate and now I can not prove that the car that without Taiwan, the quality of the engine is qualified, because they do not have one-to-one relationship.
Bar Zhizhao
At present, China's principle of the proceedings of the burden of proof is "who advocate who is the burden of proof", the automotive consumer disputes involving the quality of proof is not "inversion of the burden of proof" of the range. Therefore, you have raised the quality of engine problems, to bear the burden of proof.
In this case, attention should be paid to select the right direction for the proceedings to avoid the mistakes leading to the direction of the proceedings was rejected by the court. Not recommended to the grounds of fraud prosecution. V. specific infringement or breach of contract by the choice of this depends on more specific circumstances.
Analysis of lawyers
The general view that as long as manufacturers produce the certificate is true, it should be the engine that is qualified and can not be passed after the card is produced by the inference is not up to standard products, or products have quality problems.
Principle 3
Proceedings to select the right direction
Reflected the situation
In 2001 I bought a car shortly before police in the identification number of beams, they found a place, surrounded by steel Qiaoqi marks. In fact, the beams, is now playing in a steel, used in the original glue on the beams, and, under two completely different number.
Two beams of a car, registration certificate did not do down does not say that I can not drive on the road. Che Kwun requested by the manufacturers prove that I used, and describes the "one car on the 2nd" reasons. Manufacturers can be said that a long time, the reasons for this situation has been no investigation. I propose to manufacturers for a new car.
I think that the car number can be seen as the beams of the vehicle certification logo, a manufacturer of identification theft, obviously constitute fraud. Therefore, I request that the relevant provisions of the Consumers Act, according to my car when the price of double compensation, and compensation for my years of insurance costs.
Bar Zhizhao
At present, in the field of automobile consumption disputes the law applicable to the general consumer protection law, product quality and contract law, to solve the real problem is to depend on contract law. In other words, most disputes are resolved through civil litigation.
V. choose from infringement case for properly. I suggest you can ask the manufacturers to replace you a new car, and to post a part of compensation. At the same time, you can seek compensation over the past few years on the cost of insurance, Yang Lufei, travel tax and other car-related costs.
Analysis of lawyers
In addition to the fraud that objective element, there are subjective factors, namely the existence of subjective intentional. Manufacturers can not find out the reasons that can not be subjective in that there is deliberate fraud.
If there is evidence that this was done out of good will consider, for instance, miscalculated the beams that, to go through a series of re-fight deal with the process, but it may reduce the intensity of the beams in turn affect the safety performance of vehicles, And to take this kind of "remedial measures" can not only reduce production costs, but also guarantee the safety performance of vehicles.
Therefore, manufacturers can identify the original practices constitute fraud, can not simply be inferred from our present to determine.
Principle 4
Citing problems with quality requirements is very difficult to retire
Readers complained
October 2003, I bought a car. March 2004 found that there is a problem with vehicles, engines have abnormal sound. 4 S repair shop found that the breakup is to check the engine. According to investigation, 4 S engine shops that have quality problems, so they gave me one for the engine.
This did not expect the new Taiwan for the engine or a problem, for a six-valve mandril, the valve abnormal sound or have not been solved. At this time I have proposed to retreat, dealers said that the vehicle can not retreat, only maintenance.
I prosecuted to the court and called for the valve engine to identify abnormal sound. Unexpectedly, for the identification of several agencies, they said that due to technical conditions of the restrictions, could not be identified.
Analysis of lawyers
Identification of bodies for identification of the cause can not be carried out to identify the results or not, you have to bear the burden of proof can not be negative consequences.
Bar tips
To advocate retreat vehicle quality problems, the difficulty of achieving considerable, grasp the timing of the proceedings very important.
Bar Zhizhao
To the consumer, the burden of proof difficult, difficult to identify, is difficult to claim disputes in the auto consumption of the three major difficulties.
At this stage, China is still not a neutral, third-party independent accreditation body, identification of bodies and more than a dozen car manufacturers have a inextricably linked, so identification of Nanbu Nan understanding.
In this case, the replacement engine and the replacement of the new engine for repairs after the lawsuit seeking to retreat from the tactical sense, has missed the opportunity.
The disintegration of the engine, replacement, maintenance, objectively speaking, the engines have quality problems with the evidence of a series of the process has been lost. At this time, no further problems with the quality requirements of retirement vehicles, almost zero possibility.
Therefore, this case demands the best time to retire the election should be the first found in the car engine problems, 4 S engine shop also admitted that there are quality problems, and you make the decision to replace the engine, but has not yet suitable replacement.
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