Legal Subjectivity:

As long as you need to buy something, then you have the opportunity to become a consumer. As consumers, they are often the weaker party in the buying and selling process, and their own interests have been harmed.

According to my country's current "Consumer Rights and Interests Protection Law", "General Principles of Civil Law", "Contract Law" and other relevant laws and regulations, consumers mainly have the following ways to protect their rights.

1. Negotiated settlement

After a dispute occurs, consumers and operators shall negotiate on issues related to the dispute and present the facts through direct dialogue on the basis of voluntariness and mutual understanding. , Reasoning, clarifying responsibilities, reaching a settlement agreement, and resolving disputes. Negotiation and settlement of consumer rights disputes is a quick and easy way to resolve disputes. It is an ideal way for both consumers and operators. In fact, a large number of consumer rights disputes in daily life are resolved in this way.

2. Complaints and Mediation

Definition of complaints:

Consumer complaints refer to consumers purchasing and using goods or receiving services for their daily consumption needs. After a consumer rights dispute occurs with an operator, the company requests mediation from a consumer rights protection organization to protect its legitimate rights and interests. The Consumer Rights Protection Law stipulates that consumer disputes can be resolved through mediation by consumer associations.

Forms of complaints:

Consumer complaints can be made in the form of phone calls, letters, interviews, or the Internet. However, no matter which form is adopted, the following contents must be clearly stated:

1. Basic information of the complainant. That is, the complainant’s name, gender, contact address, contact number, postal code, etc.

2. Basic situation of the respondent. That is, the name, address, phone number, etc. of the respondent.

3. Time of purchase, brand, origin, specifications, quantity, price, etc.

4. The specific circumstances of the damage, the time when the problem was discovered, and the process of negotiation with the operator, etc.

5. Purchase voucher, warranty card, copy of agreement letter, etc.

3. Administrative Complaints

Definition of Complaints

After consumers and operators have disputes over their rights and interests, they may request the relevant government administrative departments to resolve the disputes in accordance with administrative procedures. Compared with other dispute resolution channels, appeals are efficient, fast, and powerful. Article 34 of the Consumer Rights Protection Law stipulates that if consumers and operators have disputes over consumer rights, they may appeal to the relevant administrative departments.

How do consumers make complaints?

When consumers decide to lodge a complaint, they should submit it to the administrative department with relevant functions (such as health department, inspection and quarantine department, quality department, industrial and commercial department, construction department, etc.) according to the nature of the goods and services. Consumer complaints should generally be in writing, in duplicate, and specify the following matters:

(1) Consumer’s name, address, phone number, and postal code;

( 2) The name, address, contact number, and postal code of the respondent;

(3) The requirements, reasons and relevant factual basis for the appeal;

(4) The date of the appeal . When necessary, consumers can entrust an agent to carry out complaint activities, but a power of attorney must be submitted to the relevant administrative department.

After consumers file a complaint with the relevant administrative department, if they negotiate a settlement with the operator and reach a settlement agreement, they can withdraw the complaint and request the relevant administrative department to issue a mediation letter based on the settlement agreement. If an arbitration agreement is reached with the operator, the complaint can be withdrawn and submitted to an arbitration institution for arbitration. If you want to resolve the matter through legal channels, you can withdraw your complaint and file a lawsuit with the People's Court.

4. File a lawsuit (if there is an arbitration agreement between consumers and operators, they must first apply for arbitration, and then file a lawsuit if they are not satisfied with the award)

Consumers who have been harmed because of their legitimate rights and interests After infringement, you can file a lawsuit with the People's Court and request the People's Court to conduct a trial in accordance with legal procedures. In our country, litigation is roughly divided into three forms:

(1) Criminal litigation;

(2) Civil litigation;

(3) Administrative litigation. Litigation brought by consumers whose legitimate rights and interests have been infringed falls within the category of civil litigation. If necessary, you can also entrust a professional lawyer to help you deal with related issues.