On March 15th, reporter Zhang Hao reported that today is International Consumer Rights Day, and the Supreme People's Court has released six typical cases of consumer rights protection. The typical cases released this time cover severe punishment for food safety violations, regulating the operation of online platforms, and protecting the consumption confidence of the elderly. The People's Court attaches great importance to food safety protection. In the case of "Yu v. Zhang Information Network Sales Contract Dispute", the operator added toxic and harmful ingredients to weight loss foods in pursuit of illegal interests, seriously threatening the health of consumers. The people's court supports consumers' request for 10 times compensation in accordance with the law, demonstrating a "zero tolerance" attitude towards food safety violations. The People's Court focuses on typical issues in the field of online consumption, strengthens regulation through judicial rulings, and promotes the healthy and positive development of the online economy. In the case of "Xie v. A Video Company Network Service Contract Dispute", a video platform operator provided services through automatic renewal of video membership, but did not remind consumers in a significant way before the automatic renewal date. The court's order for operators to bear compensation liability for consumers' losses helps guide video platform operators to improve their automatic renewal business model, protect consumers' right to know and choose, and incentivize consumers to consume with confidence by eliminating "unconscious renewal". The people's court strengthens the judicial protection of the rights and interests of elderly consumers and promotes the vigorous development of the "silver haired economy". In the "product liability dispute case between Sun and Zhao", the operator used the appeal of the elderly to cure their chronic diseases, falsely advertised that their physiotherapy products had the effects of "reducing three highs" and "treating diabetes complications", and induced the elderly to consume. The people's court has determined that the operator has committed fraud and supports the elderly consumers' requests for refunds, compensation, and compensation, effectively cracking down on "cheating" and "cheating" behaviors, and protecting the confidence of elderly consumers. In addition, this typical case also focuses on prominent issues in emerging fields. Consumers who book rooms earlier before their trip, but need to cancel their reservations due to travel disruptions or other reasons, sometimes face stricter cancellation conditions. In the case of "Lu v. A certain inn service contract dispute", regarding the situation where consumers cancel their reservations within a short period of time after a successful reservation, the people's court found that the contract clause "cannot be cancelled after 30 minutes of successful reservation, and full advance payment must be deducted for cancellation" was unreasonable and increased the consumer's responsibility. Taking into account the actual losses of the inn, the performance of the contract, whether the cancellation affects secondary sales, and the fault of the parties involved, a reasonable refund amount was determined to fairly protect the rights and interests of consumers and operators, which is conducive to promoting the continuous improvement and optimization of the online booking model. Some operators carry out medical beauty services without obtaining qualifications, which poses great risks and hidden dangers to consumers' physical and mental health. In the case of "Zhang v. A Cosmetics Store Service Contract Dispute", the People's Court clarified that beauty medical institutions must be registered and licensed in accordance with the law before they can carry out their professional activities. The court ordered unqualified operators to bear punitive damages, which will help promote the improvement of service quality and the healthy and standardized development of the medical beauty industry. (New Society)
Edit:Yingying Responsible editor:Yiyi
Source:legaldaily
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