Guangming Net News (Reporter Yuan Qing)On the 12th, the Central Propaganda Department held a series of press conferences on the theme of “This Decade of China” to introduce the work measures and achievements of the people’s courts in the new era.
In recent years, with the rapid development of the Internet economy, disputes in the field of e-commerce have also emerged. How to better protect the legitimate rights and interests of consumers? He Xiaorong, vice president of the Supreme People’s Court and second-level justice, emphasized that the Internet is not a place outside the law. In March 2022, the “Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Internet Consumption Dispute Cases (I)” was officially released. After the judicial interpretation was released, it aroused strong repercussions from all walks of life, and the people are generally concerned regarding issues related to Internet consumption. , have responded in this judicial interpretation.
Vice President of the Supreme People’s Court, Second-level Justice He Xiaorong (Photo by Xu Xiang)
Regarding the standard terms, He Xiaorong took the “price clause” as an example, “‘Signing for a product means that the quality of the product is qualified” and the operator has the right of unilateral interpretation or final interpretation. This is a standard term that you often see. Similar to this standard clause , which is often seen in online consumption.” He Xiaorong introduced: “According to the spirit of the Civil Code, standard terms are formulated and provided by sellers. If the responsibility that they should bear is reduced and the responsibility of consumers is increased, such standard terms are legally recognized. invalid.”
Online consumption fraud and irregular online consumption promotion are also problems that consumers will encounter in the process of online shopping. He Xiaorong pointed out that it is clear that contracts signed by e-commerce operators and others to conduct false publicity in the form of fictitious transactions, fictitious clicks, and falsifying user evaluations should be deemed invalid in accordance with the law. The “Supreme People’s Court Regulations on Several Issues Concerning the Application of Law in the Trial of Internet Consumption Dispute Cases (I)” stipulates that e-commerce operators who cause damage to consumers by prizes, gifts and exchanged goods shall be liable for compensation, and shall not use prizes and gifts as free Provided, or that the product is a redemption claim to be exempted from liability.
He Xiaorong said that the people’s court will continue to pay attention to new situations and new issues in the trial of cases in the field of e-commerce, and issue the second judicial interpretation of online consumption in a timely manner to actively respond to social concerns. Effectively safeguard the legitimate rights and interests of the people, so that the people can buy and use with peace of mind, and escort the sustainable and healthy development of my country’s e-commerce.
[
责编：李宜蒙 ]
