Abstract: Consumers find that the product packaging and product specification of the imported digital camera and lens purchased by the consumer do not have any product standard. Because there is no product standard, consumers have no basis for determining whether the product is for consumer rights protection. There are product quality problems and usage problems. The company cannot be held responsible for the production and sales of the product. It cannot safeguard the legitimate rights and interests of the consumers. When consumers complain to related departments, they are pushed by various departments to defend their rights.
Mr. Yi of Beijing purchased Gome's imported interchangeable lens digital cameras and lenses (SLR digital cameras) through Gome Online in May 2015. In April 2017, Mr. Yi found that when using the camera lens to take video, manual focusing will occur. The situation of inaccurate focus. Mr. Yi then reported to the customer of Sony (China) Co., Ltd., the lens distributor of the camera and camera in China. After investigation, Sony explained to Mr. Yi that the reason for this is that the lens focus design itself cannot To meet and satisfy Mr. Yi's needs for use. Mr. Yi believes that the shooting method he uses is a globally universal method. If the Sony lens design is special, the current general method cannot be used. This situation should be written into the product specification, or be marked To consumers can see the official website of product introduction and other places. At this time, Sony claimed that their product manual writing content in line with national standards GB/T29298-2012 "digital (code) camera general specification" and "PRC national standards" GB5296 .1-2012 "Consumer Products Instructions for Use" requirements.
Mr. Yi then consulted the "People's Republic of China National Standard" GB5296.1-2012 "Consumer Products Instructions" found in the "Consumer Products Instructions for Use" of the mandatory requirements expressed in principle 8.4.4 stipulates: 'The use of the product description should be predicted consumption The user may encounter problems and provide answers for consumers. 'And Sony did not anticipate the problems that Mr. Yi will encounter when taking manual focus using this lens to shoot video, and answer this question. Conditions and answers written into the lens product specification. In other words, Sony violated the mandatory provisions of the "People's Republic of China National Standard" GB5296.1-2012 "Consumer Products Instructions for Use."
Faced with Mr. Yi's discovery that the Sony Lens product specification violated Sony's original claimed national standards for the contents of the product specification, Sony (China) Co., Ltd. had a new statement. Sony said the "PRC National Standard" GB5296. 1-2012 is a national recommended standard, and it is not mandatory that companies must implement the standard. Then, even if Sony's product specification violates the previous national standards mentioned by Sony, it is not mandatory because the standards are recommended. force.
Then the question came, what standard should Sony products that Mr. Yi purchase be used to determine the quality and usage of the product? Mr. Yi found that none of the Sony's lens and camera packaging had been marked with any product standard.
In Sony's description of the business sector, Sony itself admitted that: 'Since the product is an imported product, the relevant corporate standards have not been filed with the relevant national competent authorities or stated on the packaging. ' In other words, Sony Corporation There is simply no labeling of any product standards on these products sold in China, whether they are national standards, industry standards, or corporate standards. There is also no record of the status and content of products that should be applied to the relevant national competent authorities.
Sony Corporation sells its products to Chinese consumers without any product standards. It uses unmarked product standards when consumers defend their rights, and does not report product standards to the country to evade legal liability that infringes consumer rights. National law on the appointment of Sony can do whatever it likes to do. Is there no provision for this?
According to Article 24 of the "Regulations of the People's Republic of China on the Implementation of the Standardization Law," the following: 'The national standards, industry standards, local standards or corporate standards for enterprise production shall be marked with the code of the standards implemented on the products or their specifications and packaging. No., name. 'Sony's failure to label product standards on external packaging clearly violates the regulations.
The first paragraph of Article 27 of the "Standardization Law of the People's Republic of China" stipulates: 'The state shall implement group standards, enterprise standards, self-declaration, disclosure, and supervision systems. Enterprises shall publicize the mandatory standards, recommended standards, group standards, or enterprises that they enforce. The number and name of the standard, and the enterprise's self-developed corporate standards, shall also disclose the functional indicators of the products, services, and product performance indicators. The state encourages group standards and corporate standards to be disclosed to the public through the standard information public service platform. ', Sony The company should disclose its national mandatory standards, recommended standards, or corporate standards that it enforces. Sony Corporation, however, did not show the product's implementation standards on the packaging of lens products purchased by Mr. Yi, and did not disclose the implementation of the product to Chinese consumers. The standard also violates the provisions of the law.
At the same time, according to Article 26(2)(3) of the “PRC Product Quality Law,” the following: 'The product quality shall comply with the product standards specified on the product or its packaging, in accordance with the product description, in kind The quality status indicated by the sample and other methods. 'Since Sony Corporation did not mark product standards on product packaging, let alone meet the labeling product standards, Sony violated the "Product Quality Law," this requirement is also Infringed the consumer's right to use the product standard for the purchased product.
Sony claims that it is an imported product. Will the country have exceptions for imported goods?
Article 2 of the "Law of the People's Republic of China on Product Quality" stipulates that: 'Products engaged in the production and sale of goods within the territory of the People's Republic of China must comply with this Law. Products referred to in this Law refer to products that have been processed, manufactured, and sold for sale.' It can be seen that as long as it is sales activities within the territory of the People's Republic of China, its products must comply with the provisions of the Act. That is, whether the product is produced domestically or imported, as long as the products sold in the country must comply.
The imported products sold by Sony do not comply with the requirements of the "Product Quality Law," the "Standardization Law," and the "Regulations for the Implementation of the Standardization Law," which require product standards to be marked on the outer packaging of products. The product standards that are not disclosed to the public are also disclosed. Illegal Acts. For Sony's illegal behavior that seriously infringed consumer rights, Mr. Yi reported to the business department of Sony (China) Co., Ltd. where he is located.
The Beijing Industrial and Commercial Department initially refused to accept Mr. Yi’s report on the basis of product quality issues, and asked Mr. Yi to seek a solution from the Beijing Bureau of Quality and Technical Supervision. The Beijing Bureau of Quality and Technical Supervision also claimed that he only produced products for enterprises in Beijing. The quality is supervised. Imported goods are not subject to their supervision. Mr. Yi Yi went to the Beijing Entry-Exit Inspection and Quarantine Bureau. The Beijing Entry-Exit Inspection and Quarantine Bureau also used the product import port as Shanghai Pudong. Mr. Yi Yi went to Shanghai. The Municipal Entry-Exit Inspection and Quarantine Bureau resolved that the Shanghai Entry-Exit Inspection and Quarantine Bureau would register the place of importation of the product in Beijing. Mr. Yi Yi went back to the Beijing Entry-Exit Inspection and Quarantine Bureau to solve it. At this time, Beijing The Municipal Entry-Exit Inspection and Quarantine Bureau again decided that the product was not in China's statutory inspection directory and had entered the circulation area.
Therefore, Mr. Yi’s right protection process is: Report to the Beijing Industry and Commerce Department –> Beijing Quality Inspection Department –> Beijing Entry-Exit Inspection and Quarantine Department –> Shanghai Entry-Exit Inspection and Quarantine Department –> Beijing Entry-Exit Inspection and Quarantine Department – > Beijing Industrial and Commercial Department. Mr. Yi has experienced such a big cycle, being pushed by each regulatory department to 'kick the ball'.
However, what Ms. Yee did not think of was that the industry and commerce departments actually replied that Sony did not follow the requirements of the “Product Quality Law,” the “Standardization Law,” and the “Implementation Regulations of the Standardization Law.” It required product standards to be marked on the outer packaging of the product. It is not illegal for society to publish the product standards for its implementation.
The replying staff of the industrial and commercial department is the case handler of the Zuojiazhuang Industry and Commerce Office of the Chaoyang Branch of the Beijing Municipal Administration for Industry and Commerce. The staff member said that he understands the staff of the National Standardization Management Committee. There is no mandatory labeling of product standards for imported products. "The Law and Answers" also has this kind of meaning. Mr. Yi immediately asked the industrial and commercial personnel whether there were specific laws and regulations that could be used as the basis for Sony to determine that the company did not label product standards was not a basis for illegal activities. Did not give any legal basis, just said that if you do not comply with administrative reconsideration and administrative litigation.
However, when Mr. Yi telephoned and consulted the China National Standardization Committee, the staff of the Laws and Regulations Department informed that in accordance with the relevant provisions of China's "Product Quality Law" and "Standardization Law", imported goods still need to mark standards, and it is impossible for any standard not to be marked. It is an illegal act that the imported product does not label product standards. This is inconsistent with the case that the case handlers of the Chaoyang Branch of Chaoyang Sub-bureau of the Beijing Municipal Bureau of Industry and Commerce of Zuojiazhuang Industry and Commerce Co., Ltd. answered the phone call.
Mr. Yi also contacted the Legal Affairs Department of the State Administration of Inspection and Quarantine to consult the “Standardization Law Questions and Answers”. The staff of the Law Department responded that the “Standardization Law Questions and Answers” is only academic research, not a judicial interpretation, and has no legal effect.
The staff of the “China Quality Inspection Press” under the “Standardization Law Questions and Answers” press also confirmed the opinions of the employees of the Law Department. They said that “Standardization Law Questions and Answers” is not a law, a regulation, or a judicial interpretation. , does not have legal effect.
Since the "Standardization Law Questions and Answers" is not a law or a law, it is not a judicial interpretation, and it does not have legal effect. The case handlers of the Zuojiazhuang Industry and Commerce Office of Chaoyang Branch of the Beijing Municipal Administration for Industry and Commerce are also unable to determine any specific laws and regulations. It is not illegal for Sony Corporation not to mark product standards on the outer packaging of products, nor to disclose to the public the product standards for its implementation. Then why should the company be determined to be infringing on the fact that the illegal facts are clear, the rules of application are clear, and the evidence is conclusive? Is there any illegal behavior? If the law enforcement agencies of industry and commerce fail to enforce the law, how can the legitimate rights and interests of Chinese consumers be safeguarded?
The definition of “Standardization Law” and “Improve the quality of products and services” mentioned in the article: 'The standard determines the quality, what kind of standard has what kind of quality. On the one hand, the standard is the basis for the organization of production and service provision. In strict accordance with the requirements of the standard production, product quality is guaranteed, production efficiency can be improved, and the overall quality level of the industry can be improved. The company strictly follows the standards and standardizes the service to improve service quality, ensure service safety, and improve user satisfaction. On the other hand, Standards are the basis for law enforcement supervision and consumer rights protection. The regulatory authorities and testing agencies are able to enforce their standards in compliance with standards and maintain the legitimate rights and interests of consumers according to standards. Consumers can choose products according to standards, understand consumption, and maintain rights according to standards. ' Visible The importance of product standards for consumer rights protection.
The reporter learned that although the former State Economic and Trade Commission had already published the national industry standard JB/T10362-2002 "Digital Camera" as early as 2002, it was not implemented in the digital camera industry due to poor implementation and implementation. Home appliance products, mandatory national standards and industry standards have already been fully introduced and accepted by enterprises and consumers. Digital camera product standards have not been introduced yet. The main reason is that the centralized management of digital camera products has not been well received. Implementation, resulting in the entire industry in a state of nobody's attention, and the lack of national standards for the various digital cameras brought about by the growing problem.
Previously, the responsible person of the relevant department once stated that the relevant standards for digital cameras have reached the final discussion stage. Many well-known digital camera manufacturers in the industry have reached an agreement. The introduction of national mandatory standards is just around the corner. With the forthcoming introduction of digital camera national standards, Chinese digital cameras The development of the market will enter a new era. For the development of the digital camera industry, digital camera manufacturing companies will have the significance of transcending the times. But in fact, two years have passed, the countries that digital camera manufacturers must implement. Mandatory standards have not yet been introduced.
For Mr. Yi, if there is no product standard for imported products, what is the basis for Chinese consumers to decide on the quality and use of the product, and how do they safeguard their rights? The relevant departments use administrative inaction to force consumers to take lawsuits. It takes a lot of time, energy and money to create obstacles for consumers to safeguard their rights. Consumers are forced to 'retire because of these difficulties', and they also give up rights protection. Then, how should consumers' rights and interests be protected?