As the final guarantee of consumers' civil rights, the court can sue the relevant infringers when consumers' rights and interests are infringed, so as to achieve the purpose of safeguarding rights.
Article 32 of the Consumer Protection Law stipulates that consumer associations can participate in administrative supervision and inspection.
Reflect and suggest to the administrative department; Investigate and mediate complaints; Support litigation; Expose, criticize, etc through the media.
According to the law, Consumers Association has no power of administrative enforcement or final adjudication, and can only mediate disputes. Even if a mediation agreement is reached, it has no enforcement effect.
According to the relevant laws and regulations, the above-mentioned departments, as administrative law enforcement units, have the right to impose administrative penalties on false advertisements. If the case constitutes a crime, criminal responsibility shall be investigated according to law.
At the same time, the court's effective ruling is also final and can be enforced.
However, litigation rights protection is the most effective way to protect rights when other ways cannot effectively protect rights.
Extended data:
Consumers have the right to claim damages.
Article 44 of the Product Quality Law stipulates that if the victim suffers personal injury due to product defects, the infringer shall compensate for medical expenses, nursing expenses during treatment, income reduced due to missed work and other expenses.
If it causes disability, it shall also pay the self-help fee, living allowance, disability compensation and the necessary living expenses of the dependents of the disabled.
If the victim dies, he shall also pay funeral expenses, death compensation and the living expenses necessary for the dependents of the deceased.
The victim's property suffered losses due to defective products.
The infringer shall restore the original state or pay compensation at a discount. If the victim suffers other heavy losses as a result, the infringer shall compensate for the losses.
Fourth, ways to solve product quality disputes
The Product Quality Law stipulates that consumers can resolve product quality disputes through consultation, request social organizations and administrative departments for mediation, apply for arbitration, or bring a lawsuit directly to the people's court.
Consumers have the right to ask producers and sellers to bear the responsibility for product quality because of product quality problems in the consumption process.
The product quality problems here are divided into two categories. One is the general product quality problem, that is, the product quality does not meet the requirements of relevant national laws and regulations (called implied warranty conditions), or does not meet the guarantees and commitments made by producers and sellers on product quality (called express warranty conditions).
According to national laws, products must meet safety and hygiene standards and have appropriate performance.
There are many products with product descriptions, product labels, advertisements, samples and so on. As long as producers and sellers indicate the quality of products in any of the above ways.
This can be used as a basis for judging good or bad. As long as the product is found to be inconsistent with its description, it can be judged that there is something wrong with the quality of the product.
The other is that the product has defects, which have caused personal injury and property loss to consumers, indicating that the product quality problem is serious.
In this case, consumers can not only claim compensation for the loss of the product, but also have the right to claim compensation for other losses caused by the product.
Baidu Encyclopedia-Consumer Rights Protection