China Consumers Association deeply analyzes the five major pain points of automobile consumption rights protection

  With the settlement agreement between the rights-defending female car owner and Xi ‘an Lizhixing Automobile Co., Ltd., the Mercedes-Benz oil spill is about to come to an end. However, the problem of automobile consumption rights protection is worthy of in-depth discussion and comprehensive reflection by the public.

  On the morning of April 17th, China Consumers Association held a symposium in Beijing to promote the solution to the problem of automobile consumption rights protection, focusing on the problem of automobile consumption rights protection, and invited relevant legal experts and lawyers to participate in it. The discussion focused on the application and perfection of Provisions on Responsibility for Repair, Replacement and Return of Household Automobile Products, the problems and improvement of Guidelines for Pre-sale Inspection Services of Passenger Cars (Trial) (hereinafter referred to as PDI Rules), the collection of fees for financial services in automobile sales, and automobile consumers.

  The relevant person in charge of the China Consumers Association pointed out that the current difficulties in safeguarding the rights of automobile consumption are mainly manifested in five major pain points: difficulty in consumer identification, difficulty in obtaining evidence, difficulty in consumer identification, difficulty in consumer consultation and difficulty in solving consumer complaints.

  In response to the public’s widespread concern about the financial service fee for automobile sales in the Mercedes-Benz oil spill incident, the relevant person in charge of the China Consumers Association responded that the financial services for automobile sales should be clearly marked, and illegal activities such as compulsory trading should be put an end to.

  There were 17,000 complaints about automobile consumption last year.

  With the sustained and rapid development of economy and society, the number of cars in China has maintained a rapid growth trend in recent years. According to the statistics of the Ministry of Public Security, the number of cars in China reached 240 million in 2018, an increase of 10.51% compared with 2017. China’s automobile consumption scale has maintained a high level. But there are a lot of complaints in the field of automobile consumption.

  Judging from the brands involved in the complaints, BYD ranked first, followed by Mercedes-Benz, BMW, Buick, Audi, FAW-Volkswagen, Changan Ford, Dongfeng Nissan, SAIC Volkswagen and Dongfeng Honda. According to the data analysis, the three German luxury car brands Mercedes-Benz, BMW and Audi are all on the list, which also reflects the upward trend of automobile consumption. This complaint data is absolute, and consumers should consider it comprehensively because of the different sales volume and ownership of each automobile brand.

  Statistics show that 62.7% of all automobile-related complaints in 2018 were family cars, followed by auto parts, accounting for 26.2%, accounting for nearly 90% of the total. In 2018, the Complaints and Consultation Information System of the National Consumers Association recorded a total of 19,283 complaints about automobile products (including parts), a decrease of 5.8% compared with the previous year. In 2018, a total of 17,773 automobile-related consumer complaints were accepted, with an acceptance rate of 92.17%; 1.77% of consumer complaints are pending, and 6.06% of complaints are not accepted due to reasons such as exceeding the scope of handling or jurisdiction, withdrawal, inability of the parties to inquire, and insufficient evidence.

  The relevant person in charge of China Consumers Association analyzed that the reason for the decline was on the one hand affected by the 4.1% decline in passenger car sales in 2018, and on the other hand related to the special rectification carried out by the market supervision department to improve the consumption environment.

  Judging from the handling results of complaints, 67.8% of the complaints reached an agreement after mediation, saving consumers 134 million yuan in economic losses. Among the cases that need mediation, the success rate of mediation once is 82.2%, and over 90% of cases can be mediated twice. The mediation methods are mainly face-to-face mediation and telephone mediation.

  From the way of consumer complaints, the proportion of complaints made by telephone, Internet, letters, etc. are 52.9%, 22.9% and 15.3% respectively, accounting for over 90% of the total. Compared with the previous year, the proportion of complaints through internet channels increased by 4.9 percentage points, while the proportion of telephone complaints decreased by 2.1 percentage points.

  After-sales service problems accounted for 32.2%.

  From the classification of consumer complaints, automobile-related complaints mainly focus on after-sales service, contract and quality problems, accounting for 32.2%, 20.7% and 20.0% respectively, and the total of the three types of problems accounts for over 70%.

  With the growth of car ownership, the proportion of after-sales service problems has increased, contract problems have decreased slightly, and false propaganda and price disputes have also increased.

  The relevant person in charge of China Consumers Association said that, specifically, complaints related to automobile after-sales problems mainly include: non-performance of three-guarantee obligations, non-performance of after-sales commitments, charging for repairs during the three-guarantee period after sales, and failure to perform after-sales services due to changes in operators, which account for 50.1%, 38.3%, 5.0% and 2.9% of after-sales problems respectively.

  Complaints about automobile contract problems mainly include: deposit disputes, contract breach, unequal format clauses, etc., which account for 32.6%, 22.0% and 4.9% of contract problems respectively.

  Complaints about automobile quality problems mainly include: product performance problems, unqualified goods and lack of specific use environment, accounting for 27.3%, 13.4% and 9.2% of all quality problems respectively.

  From 2016 to 2018, the data of the complaints and consultation information system of the National Consumers Association showed that the complaints of automobile products (including parts) increased from 15,000 pieces/year to about 19,000 pieces/year, and the complaint resolution rate declined. The main problems of consumer complaints are after-sales service, contract disputes, product quality, financial services and so on.

  Statistics show that automobile sales enterprises and service enterprises are the main targets of complaints. From the infringement data of operators, consumers’ rights of safety, fair trade and claim in automobile consumption are the high-incidence areas of infringement by operators, and consumers are most concerned about safety rights. Among them, the right to safety accounts for 46.5%, the right to fair trade accounts for 26.7%, and the right to claim compensation accounts for 18.9%.

  It is an obligation to deliver qualified cars.

  According to the relevant person in charge of China Consumers Association, it is difficult to protect the rights of automobile consumption in five aspects: operators make excuses and consumers are difficult to identify; Operators do not provide vouchers, and it is difficult for consumers to obtain evidence; Disputes over product quality make it difficult for consumers to identify; Operators buck passing, and it is difficult for consumers to negotiate; Rights protection involves complex issues and it is difficult to solve consumer complaints.

  In response to the Mercedes-Benz oil spill in Xi ‘an, the relevant person in charge of China Consumers Association pointed out that it is the operator’s due obligation to deliver the automobile products up to standard.

  Article 12 of the Product Quality Law stipulates that the quality of products shall pass the inspection, and unqualified products shall not be passed off as qualified products. Article 8 of the Provisions on Responsibility for Repair, Replacement and Return of Household Automobile Products stipulates that producers shall strictly implement the ex-factory inspection system, and household automobile products that have not passed the inspection shall not be sold out of the factory.

  "It is the contractual obligation of the operator to deliver qualified products, and the three guarantees are post-contractual obligations. The two should not be confused." The relevant person in charge of China Consumers Association stressed that if the operator sells unqualified products, consumers can, in accordance with Article 54 of the Law on the Protection of Consumer Rights and Interests, "if the consumer requests to return the goods that have been identified as unqualified by the relevant administrative departments according to law, the operator shall be responsible for the return." If the operator commits fraud, he should also bear the corresponding liability for compensation.

  In practice, some operators deliver unqualified vehicles to consumers, but refuse to bear the responsibility of returning goods or corresponding compensation on the grounds of the three guarantees of automobiles, which violates the law.

  PDI rules should not restrict consumers’ rights.

  In view of the PDI new car inspection fee charged by 4S stores, the relevant person in charge of China Consumers Association believes that PDI rules belong to industry self-discipline norms and should not restrict consumers’ rights.

  The Guidelines for Pre-sale Inspection Service of New Passenger Cars (Trial) is an industry self-discipline norm led by industry organizations and formulated by 12 enterprises. It involves the inspection regulations for new passenger cars before they are delivered to consumers.

  The relevant person in charge of China Consumers Association said that the relevant manufacturers and their dealers should check and implement them one by one according to the relevant contents to ensure the actual quality of new car delivery. For some operators whose PDI inspection is a mere formality, which causes various problems in the delivery of vehicles, industry self-discipline should be strengthened to regulate them. At the same time, the PDI rules jointly formulated by enterprises belong to industry self-discipline norms, and should not restrict consumers’ substantive rights, but should be revised and improved according to consumers’ demands and related practical disputes.

  Financial service fees put an end to compulsory transactions

  In view of the current situation that 4S stores generally charge auto financial service fees, the relevant person in charge of China Consumers Association believes that auto sales financial services should be clearly marked to prevent illegal activities such as compulsory transactions.

  According to the relevant provisions of the Law on the Protection of Consumer Rights and Interests and the Measures for the Administration of Automobile Sales, dealers shall not force consumers to buy insurance or provide services such as vehicle registration on their behalf when selling cars. In violation of the relevant provisions, the local competent commerce department at or above the county level shall order it to make corrections, and may give a warning or a fine of not more than 30,000 yuan.

  "In the course of trading, the operator shall express all the charging items to consumers in advance, and shall not make unreasonable restrictions or compulsory transactions. However, in the current automobile sales service, there are problems such as forcing consumers to buy insurance, paying renewal deposit or renewal deposit. Some dealers overcharge the license fee and financial service fee without telling consumers, and do not issue invoices, which causes strong dissatisfaction among consumers. " The relevant person in charge of China Consumers Association said that these illegal acts should be severely punished according to law.

  Operators should solve consumer disputes quickly.

  Article 4 of the Consumer Protection Law stipulates that business operators and consumers should follow the principles of voluntariness, equality, fairness, honesty and credibility when conducting transactions. Article 23 stipulates that if a consumer finds a defect in a motor vehicle within six months from the date of receiving the commodity, and a dispute arises, the operator shall bear the burden of proof on the defect.

  Article 8 of the Measures for Punishment of Infringement on Consumers’ Rights and Interests stipulates that business operators shall not deliberately delay or unreasonably refuse consumers’ legitimate demands when providing commodities or services.

  The relevant person in charge of China Consumers Association pointed out that operators should respect consumers’ rights and interests and solve consumer disputes honestly and quickly.

  "As the first responsible person to safeguard consumers’ rights and interests, operators should attach great importance to consumers’ opinions, face up to consumers’ reasonable demands, earnestly fulfill their legal obligations and responsibilities, and properly resolve consumer disputes. If the product is found to be defective within six months of delivery, the operator also bears the burden of proof. " The relevant person in charge of China Consumers Association stressed that delaying prevarication and bullying will not only be severely punished by law, but also lose the trust of consumers.

  It is necessary to increase the scope of supervision and spot checks.

  In recent years, the national automobile complaints and the recent Mercedes-Benz female car owners’ rights protection incidents have highlighted the current situation that it is difficult to protect rights in the field of automobile consumption, the urgency of credit construction and the necessity of building a harmonious consumption environment.

  In view of the difficulty in safeguarding the rights of automobile consumption, China Consumers Association calls on the whole society to jointly establish the concept of consumer priority and work together to solve the problem.

  On the one hand, it calls on the legislature to listen to consumers’ opinions extensively, further revise and improve the product quality law, three guarantees for automobiles and other regulations, improve the legislative level of product quality assurance, clarify that people should be held accountable for violations of laws, strengthen the protection of consumers, and prevent operators from evading their due obligations and responsibilities and harming consumers’ legitimate rights and interests.

  On the other hand, it appeals to all relevant administrative departments to pay attention to the problems reflected by consumers, further strengthen supervision and management in the field of automobile consumption, promptly investigate and deal with outstanding behaviors that harm consumers’ rights and interests, standardize automobile sales and ancillary services, increase the scope and intensity of supervision and spot checks, continuously improve the efficiency of administrative law enforcement, and enhance consumer satisfaction.

  The relevant person in charge of China Consumers Association said that it is hoped that the automobile industry organizations will strengthen industry self-discipline and internal constraints, attach importance to and listen to consumers’ opinions, revise and improve relevant rules of the automobile industry in time, strengthen service supervision, data monitoring and risk management, eliminate improper restrictions on consumers’ rights, promote the establishment of industry credit restraint mechanism, blacklist operators who seriously infringe on consumers’ rights and realize effective industry governance.

  "China Consumers Association will thoroughly study the outstanding problems in the field of automobile consumption and the difficulties in consumer rights protection, actively participate in the legislative work in related fields, timely reflect consumer demands, and promote the improvement of the legal protection of automobile consumption rights protection. At the same time, explore the establishment of a professional Committee on automobile consumption, with the help of experts and lawyers, to improve the efficiency of automobile complaint handling; Explore the establishment of a credit publicity mechanism in the field of automobile consumption, publicly disclose intentional delays, unreasonable rejections and other untrustworthy behaviors that seriously infringe on consumers’ rights and interests, strengthen corporate credit constraints, and promote quality improvement and service improvement. " The relevant person in charge of China Consumers Association stressed that for major and typical violations of the legitimate rights and interests of automobile consumers, investigation, interview, reflection, suggestion, disclosure, criticism, litigation and credit publicity will be comprehensively used to effectively strengthen the protection of consumers and effectively curb the illegal behavior of operators.

  Beijing, April 17 th  

  Cartography/Gao Yue  

Strengthening cultural self-confidence and building a national cultural soft power communication platform

  During the two sessions of the National People’s Congress this year, cultural self-confidence once again became the focus of hot discussion. The report of the 19th National Congress of the Communist Party of China pointed out that cultural self-confidence is a more basic, deeper and more lasting force in the development of a country and a nation. Without a high degree of cultural self-confidence and cultural prosperity, there would be no great rejuvenation of the Chinese nation. In the new era, China’s cultural construction has ushered in new opportunities for development, which should lead to the prosperity of socialist literature and art and the development of cultural undertakings and industries. We should tell the story of China well, improve the national cultural soft power and enhance the world influence of Chinese culture.

  Carry forward Chinese excellent traditional culture and strengthen cultural self-confidence

  The 2018 government work report suggests that the people’s sense of gain, happiness and security should be continuously improved. The report puts forward that it is necessary to carry forward Chinese excellent traditional culture, inherit revolutionary culture, develop advanced socialist culture and cultivate and practice socialist core values. Strengthen ideological and moral construction and create mass spiritual civilization. Accelerate the construction of philosophy and social sciences with China characteristics, prosper literary and artistic creation, and develop news publishing, radio, film and television, archives and other undertakings. Strengthen the protection and utilization of cultural relics and the protection and inheritance of cultural heritage. Build a new type of think tank. Strengthen the construction of Internet content. In-depth implementation of the project of benefiting the people through culture and cultivation of new cultural formats. Deepen cultural exchanges between China and foreign countries.

  China’s cultural self-confidence stems from the excellent traditional Chinese culture nurtured by the Chinese nation’s 5,000-year history of civilization. During the National People’s Congress and the National People’s Congress, many deputies suggested that we must vigorously carry forward China’s excellent traditional culture, speed up the construction of a modern public cultural service system, and strive to provide rich spiritual food for the people to live a better life.

  "The values of Chinese culture have become the most basic cultural gene of the Chinese nation. We talk about cultural self-confidence, mainly the confidence of values. " Chen Lai, member of Chinese People’s Political Consultative Conference and professor of philosophy department of Tsinghua University Humanities College, believes that one of our important tasks today is to vigorously inherit and develop Chinese excellent culture, strengthen cultural self-confidence and undertake the historical mission of realizing the great rejuvenation of the Chinese nation.

  In the view of Jia Pingwa, a representative of the National People’s Congress and a writer, the excellent traditional culture of the Chinese nation, such as literary classics and historical sites all over the country, all reflect our cultural confidence. He said that to strengthen cultural self-confidence, we must learn and inherit excellent traditional culture and literary classics. He admits that in recent years, advocacy and initiatives such as reading by the whole people and restoring traditional culture are conducive to understanding, understanding and strengthening cultural self-confidence.

  Liao Huage, deputy to the National People’s Congress and chairman of Nanyang Federation of Literary and Art Circles in Henan Province, believes that strengthening cultural self-confidence must start with teenagers. Young people are the pillars of the country’s future development. It is suggested that we should increase the intensity and scope of excellent traditional culture education from kindergarten to primary schools, middle schools and universities, so that young people can "remember to dig wells while enjoying the cool, and not forget to plant trees", so that they can learn nutrition from excellent traditional culture, find motivation, discover the beauty of Chinese culture, root their cultural confidence in their hearts, and be subtly affected, thus rallying a powerful force for building a great Chinese dream.

  Deepen cultural exchanges between China and foreign countries and tell the story of China well.

  Practicing cultural self-confidence requires us to tell the story of China well, spread the voice of China well, let Chinese culture go global, and promote cultural exchanges and mutual learning between China and foreign countries. The report of the 19th National Congress of the Communist Party of China pointed out that in the new era, China will actively promote the "Belt and Road" international cooperation, strengthen cultural exchanges between China and foreign countries, promote international communication capacity building, tell the story of China well, show a true, three-dimensional and comprehensive China, and improve the country’s cultural soft power.

  The Opinions on Strengthening and Improving Humanities Exchanges between China and Foreign Countries issued by the General Offices of the General Office of the Central Committee of the CPC and the State Council proposes to strengthen the comprehensive communication capacity building of humanities exchanges between China and foreign countries, promote the joint production, joint interview and cooperative publication of Chinese and foreign radio, film and television, publishing institutions and news media, promote the mutual broadcast and exchange of Chinese and foreign film and television programs, implement special exchange projects and plans in the fields of books, films and television, and cultural performances, and enrich the literary and artistic contents and carriers of humanities exchanges; Make "People-to-People Exchange in internet plus" bigger and stronger, and realize the mutual complement and benign interaction between the entity and the virtual exchange platform. By enriching the forms of media communication and building all-media and cultural communication institutions with international influence, we can tell the story of China well, spread the voice of China, explain the road of China, and enhance the closeness of China’s cultural image.

  Wang Shucheng, member of Chinese People’s Political Consultative Conference and editor-in-chief of the overseas edition of People’s Daily, believes that telling the world the story of China in the new era is to promote the excellent Chinese culture in a moist and silent way, so that cultural integration can become a bridge for the community of human destiny. China’s culture is extensive and profound, and many ideas reflect the common value pursuit of human civilization. It is necessary to further enhance cultural self-confidence, and tell the story of China carefully by broadening horizons, expanding channels and integrating resources, so that Chinese and foreign cultures can realize benign interaction in exchanges and mutual learning; By further improving the level of creativity, China cultural symbols can be transformed into world-famous cultural products and ideas, and the world can perceive China and understand China through culture, thus effectively improving China’s cultural soft power.

  "To spread the voice of China to the world and tell the story of China well, we need to study and choose the most effective communication strategy. It is necessary to understand each other’s historical traditions, cultural psychology and information acceptance habits. " An Laishun, member of Chinese People’s Political Consultative Conference and vice chairman of the International Association of Museums, believes that today, China culture has taken a decisive step to go abroad. What needs to be further strengthened is to let China culture really go in, enter each other’s hearts, resonate emotionally, and let people of all countries truly and naturally realize that Chinese culture is an excellent culture with eternal charm across time and space.

  Wu Hongliang, member of Chinese People’s Political Consultative Conference and vice president of Beijing Painting Academy, said that telling the story of China well requires innovation in ways and means. He suggested that in the process of foreign cultural exchange, we can fully tap the international art collections and talent resources, and make use of the existing conditions in other countries to complete the exhibition, research and dissemination of China art locally. The result is low cost, quick effect, great influence and deep integration, which can improve China’s cultural soft power with half the effort and provide new ideas for promoting the international communication ability of China traditional culture.

  China Cultural Exchange Network: Actively Building a National Cultural Soft Power Communication Platform

  China Cultural Exchange Network, a comprehensive, public-welfare and cultural information website under the academic guidance of China Institute of Economic Reform and Development of Renmin University of China and Guosheng Think Tank, takes "promoting traditional culture and serving China in the future" as its purpose, actively implements "Several Opinions on Strengthening and Improving People-to-People Exchanges between China and Foreign Countries", earnestly strengthens the construction of communication capacity, and is committed to building an Internet cultural exchange platform and a national cultural soft power communication platform.

  China Cultural Exchange Network integrates the Internet, mobile terminals, WeChat, Weibo, video, newspapers and other media platforms, and is forming a multi-level communication mode such as graphics, text, audio and video. The website has carried out strategic cooperation with domestic authoritative academic institutions, book publishing, film and television production, intangible cultural heritage protection, tourism, big data, industrial parks and other industrial entities, forming a systematic independent intellectual property right of "culture+",which has demonstrated China’s cultural soft power and cultural self-confidence in external communication. In September 2017, China Cultural Exchange Network was awarded the "Computer Software Copyright Registration Certificate" by the National Copyright Administration of People’s Republic of China (PRC) (registration number: 2017SR541515). It has successively obtained the trademark right granted by the State Trademark Office (registration number: 13524174), the copyright registration certificate issued by the State Copyright Administration (Guo Zuo Deng Zi -2014-F-00156441), and won the "China Government Website Excellence Award in 2014 and 2015", and the innovative service platform of "internet plus Culture" in 2016, which was approved by Beijing Press, Publication, Radio, Film and Television Bureau.

  The large-scale network digital platform of "Window of China Digital Expo Hall" established by the website’s independent innovation spreads Chinese excellent traditional culture through the whole media with the digital technology of "Silk Road Cloud" from five aspects: network art museum, network literature museum, network intangible cultural heritage museum, network photography museum and network academic center. Among them, the network academic center is a new network think tank platform launched by China Cultural Exchange Network to promote the integration and innovation of "media think tanks". At present, many famous experts and scholars such as Wang Yiwei, Zhao Lei, Chen Ping, Zhang Xuedong, Ke Yinbin, Yuan Li, Zhao Jianjun, Zhang Baotong and Lu Yintao have been launched, and their important viewpoints, academic achievements and social influence have been presented and displayed intensively.

  China Cultural Exchange Network has long been concerned about the cultural communication and economic development of the "Belt and Road", and cooperated with the launch of large-scale special topics and special actions involving the "Belt and Road" cultural exchange, tourism, ecology, pension, health, intangible cultural heritage protection, Chinese medicine, film and television, logistics and other fields. The website launched a series of new media projects such as "Silk Road Meeting Room" and "Think Tank Meeting Room", and through the platform information channel of "internet plus", The Belt and Road Cultural Communication and Economic Development Forum, the Belt and Road Intangible Heritage Protection Special Action, the Belt and Road Forum for 100 People, the Silk Road Business Leaders (Xi ‘an) Summit, the montana International Forum, the Silk Road International Film Festival New Silk Road Youth Video Contest, the Belt and Road Friendship City Dialogue, and the Belt and Road (Weinan) were launched one after another. Henan Zhongyuan Aquatic Logistics Port and other large-scale topics, deeply interpret and promote the demonstration projects and sample projects in the field of "One Belt, One Road" cultural communication and economic development, and explore a new model of "One Belt, One Road" humanities exchange.China Cultural Exchange Network held the "Light of Civilization, Person of the Year in China Cultural Exchange" for five consecutive years, focusing on individuals and organizations that have made outstanding contributions to the promotion of the "Belt and Road" cultural communication and economic development and the mutual learning of Chinese culture and Chinese and foreign civilizations, and encouraging all sectors of society to participate in cultural exchanges between China and foreign countries.

  CHINA Cultural Exchange Network participated in the co-sponsored "CHINA in My Eyes" city brand publicity project, covering the "China in My Eyes" photo essay contest and many sub-activities such as China Shaanxi, Xinjiang, Gansu, Qinghai, Guiyang, Dali, Quanzhou, Dalian, Zhengzhou, Beijing, Shanghai, Guangzhou, Shenzhen and Hong Kong. The theme of "CHINA in My Eyes" is "Tell the story of China well and spread the voice of China well". Through images and words, it truly records and reflects the new normal in China’s cultural, economic and social fields, promotes people-to-people exchanges and shows the achievements and great progress of urban development. After several years of operation, it has become a large-scale publicity project to display the image of China and shape the city brand, and has made positive contributions to enhancing the country’s cultural soft power.