Question 1: What is the procedure for consumer associations to mediate consumer disputes? The procedures for mediating complaints by the Consumer Association: First, accept consumer complaints; second, investigate and verify the issues reported by consumers; third, on the basis of investigation and verification, if both parties voluntarily accept mediation by the Consumer Association, Consumer associations will organize mediation. It should be noted that during the mediation process, consumer associations are not allowed to dictate the wishes of the parties, and the mediation agreement is not enforceable.

Question 2: Is the consumer association’s mediation a people’s mediation? The Consumers Association is an organization of consumers and a semi-official mass social group. Consumer associations at all levels are established with the approval of the people's government at the same level and approval and registration by the civil affairs department, and therefore have the legal person status of social groups.

Therefore, the mediation by the Consumers Association belongs to the people’s mediation.

Question 3: What should I do if I ask the Consumer Association to mediate with the other party, but the other party does not come to mediate? They will accept the case.

You can file an infringement lawsuit - the infringement is yours Property rights (design works and photos are valuable, and if some of them are photos with specific commemorative value, you can also claim compensation for mental damages)

You can also file a lawsuit for breach of contract - you failed to exercise due care and comply with the agreement Security system, without first asking the owner to back up the system, and failing to back up the system will destroy the valuable data stored on the hard disk.

You can sue either of the two, but not at the same time.

Question 4: How to deal with merchant fraud when the Consumers Association cannot mediate (1) Complain to the relevant industrial and commercial administration department;

(2) Submit it to an arbitration institution according to the arbitration agreement reached with the operator Arbitration;

(3) File a lawsuit with the People's Court.

Question 5: What is the procedure for consumer associations to mediate consumer disputes? The procedures for mediating complaints by the Consumer Association: First, accept consumer complaints; second, investigate and verify the issues reported by consumers; third, on the basis of investigation and verification, if both parties voluntarily accept mediation by the Consumer Association, Consumer associations will organize mediation. It should be noted that during the mediation process, consumer associations are not allowed to dictate the wishes of the parties, and the mediation agreement is not enforceable.

Question 6: The meaning of the logo of the China Consumers Association. The "3.15 logo" uses the emblem of the China Consumers Association as the upper graphic, and also adds the words "3.15". This mark contains two meanings: one is a recognition and certification of high-quality goods or services, and the other is to enable enterprises to fulfill their commitments: that is, when a small consumer rights dispute occurs, the consumer and the operator cannot reach an agreement through negotiation. , operators voluntarily accept the mediation opinions of the Consumer Association to avoid protracted small disputes. The China Consumer Association launched the "3.15 Mark" for four purposes: first, to facilitate more effective resolution of small consumer rights disputes, so that the Consumer Association can better perform its function of protecting the legitimate rights and interests of consumers; second, to One kind of proof of high-quality goods and services, making it easier for consumers to choose the best ones to buy; the third thing is to help consumers choose the correct goods and services through the use of unified logos that are easy to identify, and effectively guide consumers to be scientific, reasonable, safe and healthy consumption; fourth, it is conducive to supporting the good and limiting the bad, and enhancing the competitiveness of enterprises.

Question 7: Under what circumstances can the industry and commerce terminate mediation after a consumer complaint? If the appeal or complaint is a civil relationship, administrative mediation will be adopted. If the two parties cannot reach an agreement, mediation cannot be reached before the predetermined time limit. If the result is serious, it can be terminated and both parties can resolve civil disputes through judicial channels.

If a civil dispute is not mediated after accepting an appeal or complaint, or if it is discovered that the party being complained has committed an illegal act (based on the circumstances stipulated in relevant laws and regulations) and no appropriate investigation is conducted Processing work should generally not be terminated. If there is no mediation (civil relationship) within the sixty-day period, it should not be terminated.

Question 8: What does the complaint hotline mean? "12315" is the national unified anti-counterfeiting reporting hotline. When you discover counterfeit and shoddy products, and when your legitimate rights and interests are harmed, please call "12315".

Basis for establishment

The State Administration for Industry and Commerce's "Opinions on Further Regulating the "12315" Consumer Complaints and Reporting Work of Industrial and Commercial Administration Agencies", "On Vigorously Promoting the 12315 Administrative Law Enforcement System 12315" The consumer complaint reporting hotline provides round-the-clock handling services and is open to consumers 24 hours a day.

Service time limit

The 12315 consumer complaint reporting hotline provides all-day handling services and is open to consumers 24 hours a day.

The State Administration for Industry and Commerce has launched 10 12315 consumption *** service measures. These include providing round-the-clock acceptance services; ensuring smooth acceptance channels; handling infringement cases fairly; simplifying mediation procedures; releasing *** information in a timely manner; and strict information confidentiality systems, etc. Opinions on Construction Work", "Interim Measures for Industrial and Commercial Administration Agencies to Accept Consumer Complaints"

Operation

After dialing 12315, if you need to complain or report, please press the staff Answer the questions as prompted, truthfully state the facts, reasons and request for the complaint, and state your name, address, phone number or other contact information and the name, address and phone number of the party being complained against.

Call request

(1) When your rights and interests are infringed upon and the respondent is under the jurisdiction of the industrial and commercial administration department;

"National 12315 SMS The "Platform Technology Plan" has been formulated, and the State Administration for Industry and Commerce requires that all industrial and commercial departments across the country consult with local telecommunications management departments to establish a 12315 SMS platform. Cities that have established SMS platforms must uniformly adjust their original SMS numbers to "12315".

"'12315' should be allowed to better serve the public and realize information interaction between industry and commerce and consumers." Wang Dongfeng, deputy director of the State Administration for Industry and Commerce, said that all localities should increase the 12315 SMS publishing function as soon as possible according to actual needs. Let consumer fraud shift from post-event acceptance and mediation to pre-emptive regulation and prevention.

Set up a special hotline for industrial and commercial affairs to be subject to social supervision

Regarding the issue of complaints from other places, the State Administration for Industry and Commerce stated that it will establish a cross-regional consumer dispute mediation mechanism to allow consumers to "complain and report local complaints in other places" solve". In addition to accepting consumer complaints, "12315" will also set up a "political hotline for industrial and commercial agencies" to accept complaints and supervision from the society on industrial and commercial law enforcement behaviors.

Cases will be transferred in conjunction with "110"

In qualified shopping malls, supermarkets, markets, enterprises, and schools, green channels for the settlement of consumer disputes can be established. The State Administration for Industry and Commerce stated that "12315 Video *** Platform" enables the 12315 Center to provide legal advice and *** services directly online in real time, enhancing fairness and transparency. At the same time, 12315 will also try to establish a consumer linkage mechanism with local police 12345, public security 110, quality inspection 12365, price 12358, health 12320 and other public service platforms to realize case transfer, information sharing and Law enforcement collaboration.

Question 9: How do consumers resolve disputes? 1. Negotiation and reconciliation with operators

Negotiation and reconciliation means that after a dispute arises about consumer rights, consumers and operators can present facts, reason and clarify responsibilities through dialogue on the basis of voluntary mutual understanding. , so that the dispute can be reasonably resolved. During the reconciliation process, both parties must have a correct attitude and conduct negotiations with an attitude of being kind to others and sincerely resolving disputes.

The legal status of consumers and operators is equal. As an operator, you must correctly view your own problems and shortcomings, and have the courage to take responsibility in order to obtain the understanding of consumers. As a consumer, in your opinion, After their own legitimate rights and interests are harmed, operators should be made to realize their mistakes and consciously take responsibility, so as to achieve reconciliation and avoid intensification of conflicts. However, the negotiation and settlement between the two parties should adhere to principles and be in compliance with the law. Mutual understanding and accommodation should have limits. If consumers find that an operator has counterfeited other people's trademarks, adulterated or adulterated goods, or sold goods that do not meet the requirements for protecting human body and property safety, etc. Serious illegal acts should be exposed without mercy and punished as they should be, so as not to continue to damage the interests of other consumers and harm society.

2. Request the Consumer Association for mediation

After a dispute arises about consumer rights, there is a large gap between the views and understanding of the dispute between consumers and operators, and there is no basis for negotiation. In this case, it is necessary to use the power of a third party to mediate so that the dispute can be properly resolved. According to the relevant provisions of my country's "Consumer Rights and Interests Protection Law", consumer associations have the function of mediating consumer rights and disputes. Accordingly, when consumers and operators cannot negotiate and settle disputes, consumers can request the consumer association to mediate. In order to resolve the dispute in a timely and fair manner, after receiving the application, the Consumer Association can mediate the disputed matters on the basis of ascertaining the facts, clarifying responsibilities, adhering to the voluntariness of both parties, and the content of the mediation is legal, or on behalf of the recipient. The injured consumer negotiates with the operator in order to obtain an appropriate resolution of the disputed matter. If an agreement is reached through mediation, the consumer association should prepare a mediation letter, and both parties should perform their respective obligations according to the content stated in the mediation letter. However, one thing needs to be clear: the mediation agreement reached under the auspices of the consumer association is not enforceable. , if one or both parties regret the mediation agreement, other methods of settlement need to be adopted.

3. Complain to the relevant administrative department

After a dispute arises over consumer rights and interests, and a settlement cannot be reached with the operator, the consumer can file a complaint with the relevant administrative department for a request. obtain administrative protection. According to Article 28 of the "Consumer Rights and Interests Protection Law": People's governments at all levels, industrial and commercial administrative departments and other relevant administrative departments shall, in accordance with the provisions of laws and regulations, take measures within the scope of their respective functions to protect the legitimate rights and interests of consumers. . Relevant administrative departments should listen to consumers and their social groups' trading behavior against operators. Opinions on product and service quality issues will be investigated and dealt with in a timely manner. When consumers complain to administrative departments, they should file a complaint with the administrative department with relevant functions based on the nature of the goods and services. For example, if there is a dispute about spoiled food purchased by consumers, they should file a complaint with the food supervision department. If you have any disputes over purchased counterfeit and substandard drugs, you should file a complaint with the drug supervision department. After receiving complaints from consumers about the goods purchased and services received, the administrative department shall promptly conduct investigations and collect evidence within the scope of its acceptance and authority. If the operator only bears civil liability, it may do so on the premise of voluntariness and legality. Organize the parties involved in the dispute to mediate so that the dispute can be resolved promptly and reasonably. If an agreement is reached through mediation, a mediation letter shall be prepared, and both parties shall perform their respective obligations in accordance with the contents specified in the mediation letter. Similarly, the mediation letter produced by the administrative department, like the mediation letter produced by the consumer association, is not enforceable. In the process of handling consumer complaints, the administrative department shall not impose administrative penalties on the operator in accordance with the law if it is discovered that the operator has violated laws and administrative regulations in the course of business operations and should bear administrative responsibility. If there is any suspicion of crime, the case should be transferred to the judicial authorities for processing.

4. Submit the case to an arbitration agency for arbitration based on the arbitration agreement reached with the operator.

Consumers and operators reach an agreement before or after a dispute occurs, and voluntarily hand over consumer rights disputes to a third party for adjudication to resolve disputes. This dispute resolution feature , is an agreement voluntarily reached by both parties. Disputes involving property rights can be reached before or after the dispute occurs, and the dispute can be applied to an arbitration institution for arbitration.

In accordance with the provisions of the Arbitration Law and the voluntary agreement of both parties, the arbitration authority shall, after ascertaining...gt;gt;