The current "Regulations on the Management of Defective Automobile Recalls" was promulgated by the General Administration of Quality Supervision, Inspection and Quarantine, the Ministry of Commerce, the General Administration of Customs on March 12, 2004, and was implemented on October 1, 2004. In the "Defective Vehicle Product Recall Management Regulations", the "penalty" stipulates: "In any of the following circumstances, the competent authority may order the manufacturer to recall, notify the criticism, and the quality supervision, inspection and quarantine department shall impose 10,000 yuan or more 30,000 yuan. The fine is not more than RMB. "Includes: "The manufacturer intentionally concealed the seriousness of the defect; attempted to use the voluntary recall procedure of the defective automobile product specified in this regulation to evade supervision by the competent authority; due to the manufacturer's fault, the recalled defective product did not achieve the intended purpose, The damage is caused again." The execution of the penalty is generally carried out by the General Administration of Quality Supervision, Inspection and Quarantine.
“This fine is really small, it’s just like a child’s play,†says Chen Yongxue, a lawyer at Beijing Yuecheng Law Firm. For a capital-intensive industry, such a bit of money does not have any disciplinary effect on the offending manufacturers. There are really too few damages and potential harm to society for car-defective products.
In the “Management Regulations†submitted for review, it is stipulated that “producers violate the regulations and constitute illegal activities stipulated by product quality laws and regulations. If they have not corrected within the time limit, they may be fined not less than 200,000 yuan but not more than 500,000 yuan; If you refuse to accept the responsibility, you will be fined three times the value of the goods; the license for revocation of the license will be severely damaged, and the certificate will be revoked; if it constitutes a crime, criminal responsibility shall be investigated according to law."
Yesterday, Qiu Baochang, head of the China Consumers Association Lawyers Group, said in an interview that “the draft has been approved.†His view on the new regulations is: “In any case, the regulations clearly clarify the responsibility and increase the The punishment for the company. The only drawback is that there is no corresponding compensation for how to give consumers after the recall. There are relevant details. "There must be appropriate compensation for consumers. â€
Experts urged that the relevant laws and regulations should be improved as soon as possible to clarify the circumstances under which auto companies must compensate consumers, how to compensate, and the amount of compensation, so that the compensation requirements for recalls can be relied upon.
Chen Yongxue said that at present, China has successively stipulated the recall system and responsibility for food, children's toys, medicines and automobiles. None of these regulations clarify how to compensate consumers who defend rights. Just as in civil litigation, except for a few types of cases, the winning party still has to bear the cost of legal fees, investigation and evidence collection fees, and lost time. This is the practice of similar incidents in China, and there is no different regulation on the liability for damage caused by automobile defective products. This is related to the traditional legal ideas such as interest complaints and less prosecutions consistently advocated in Chinese law. By not compensating for losses, the method of reducing the cost of rights protection is increased to reduce litigation. To a certain extent, this stipulation has become a roadblock for defending rights and has become an umbrella for wicked people.
According to the “compensation method†in “Defects and Violations†in Chapter 301 of Title 49 of the United States Code, if there is a defect in a motor vehicle or an accessory, the compensation method available to the manufacturer may include repairing the motor vehicle. Replace the equivalent motor vehicle, subtract the reasonable depreciation and return the vehicle. The "Manufacturer Compensation Plan" clause stipulates that motor vehicle manufacturers should compensate the purchaser for the costs incurred during repair, replacement, and returning.
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