2021年11月27日

Online goods do not meet the standard rate is higher than the offline beware of e-commerce platform into a distribution center of fake goods

Zhang Wei is our reporter

The quality of goods on e-commerce platforms is still a problem that needs to be paid attention to.

“The failure rate of online sampling products is as high as 38.7 percent, which is significantly higher than that of offline sampling products.” Recently, the Consumer Rights Protection Law Research Association of China Law Society and Beijing Sunshine Consumption Big Data Research Institute jointly released the summary analysis of the comparative trials of some consumer associations in the country in 2020 (hereinafter referred to as the “analysis”) published the above conclusions.

For online goods not success rate is higher, Yin Chen jiang, deputy secretary-general of institution of consumers’ rights and interests protection law under China Law Society, suggested that platform need to strengthen the consciousness of law and responsibility, the good faith compliance management, take effective measures to curb sales of fake and shoddy within the platform, maintain the legitimate rights and interests of consumers and the market order for fair competition.

According to Beijing Sunshine Consumption Big Data Research Institute, China Consumer Association and Beijing, Shanghai, Shenzhen and other consumer associations in 2020 released 22 times labeled sample source comparative test results, involving the test of 1191 goods.

Among them, 832 pieces were collected online, and 322 pieces failed to reach the standard, with a rate of 38.7%. Of the 359 pieces sampled offline, 110 pieces failed to meet the standard, with a rate of 30.64%.

“This shows that the online sampling rate is significantly higher than the offline sampling rate.” “The Analysis” said.

As we have learned, “compare test” it is a kind of important means that disappear assist organization to undertake social supervision to commodity or service lawfully. “Is actually disappear assist organization staff to the identity of the consumers to online or entity shop to buy goods, and combining with the characteristics of consumer utility or consumer attention, through the national authoritative qualified institutions to some of its product performance test and comparative methods, the result came out to release from the public.” Chen Yinjiang said it is of great significance to urge businesses to operate honestly and lawfully and to guide consumers to spend safely.

According to the analysis, 1,191 samples are mainly related to eight commodity types, including clothing, shoes and hats, children’s products, daily necessities, household products, household appliances, medical care, electronic products and building materials. Among them, the failure rate of household appliances samples was the highest, with a failure rate of 73.86%. The problems mainly focused on poor product performance, high power consumption, non-standard labeling and safety risks in the design structure. The following samples were household products, daily necessities and building materials, which failed to meet the standard rates of 56.02%, 44.74% and 40%, respectively. In addition, 28.27 percent of children’s products, 26.9 percent of clothing, shoes and hats, 10 percent of electronic products and 4 percent of health care samples failed to meet the standards.

It is worth noting that in the consumer association organization test substandard sampling goods, part of the children’s articles test substandard problem is relatively prominent. For example, the Shanghai consumer protection commission announced the children’s shoes comparative test results show that 6 children’s shoes samples detected phthalate exceeded the standard, 3 children’s shoes samples detected heavy metal exceeded the standard. Studies have shown that phthalates can be absorbed through the respiratory system and skin into the body to disrupt endocrine and harm the development of the reproductive system of baby boys.

In addition, in the 30 children’s sports helmets comparative test results published by Shanghai Consumer Protection Commission, 19 samples did not meet the national standards. The problems mainly focused on the strength performance of the wearing device, the helmet’s performance of absorbing collision energy, the weight of the helmet and other aspects. In addition, some children’s toys, stationery and clothing and other children’s products were also found to be substandard.

In the view of several experts, a variety of reasons lead to the high rate of online non-standard, the platform is the first to blame.

He Shan, chairman of the Consumer Protection Law Research Institute under the China Law Society and drafter of the Consumer Protection Law, said the high rate of online goods failing to meet the standards is mainly due to the light responsibility of e-commerce platforms. Online goods are sold in a wide area, and it is very expensive for consumers to find sellers to protect their rights when they encounter problems. Generally, platforms can avoid responsibilities as long as they provide the contact information of sellers. Therefore, the responsibility division of platforms should be further strengthened. For those who knowingly or should have known the sales of counterfeit or shoddy products on platforms, platforms should not only bear joint and several liability, but also consumers can demand punitive damages according to the Law on the Protection of the Rights and Interests of Consumers, so that platforms can assume responsibilities commensurate with their status or profits.

Chen Yinjiang also bluntly pointed out that the high rate of goods sold on the platform did not meet the standard, indicating that there are relatively many quality problems of goods on the platform, and there may be loopholes and shortcomings in rules making or daily management, or there may be problems such as lax control, ineffective management, and weak responsibility.

Sun Ying, a professor at the China University of Political Science and Law School of Civil, Commercial and Economic Law, said she once bought “three noes” products on the platform, explaining that the platform should first fulfill its responsibility in qualification examination. In her opinion, platforms’ responsibility for product quality is currently lacking in law.

“First, the product quality law to adapt to the latest situation is still in the process of revision and has not yet been introduced; Second, although the e-commerce law and the consumer rights and interests protection law are related to the platform operator obligations, but there are problems in the implementation of the current, still need a more detailed requirements and regulations in the implementation of the platform responsibility. For example, when unqualified operators operate on a platform, there need to be specific liability regulations for the platform to assume, which makes it possible and possible for the platform operators to evade legal obligations.” Sun Ying said.

China consumer association member of legal counsel, Beijing law firm lawyer li bin smell that under the current legal framework, jointly and severally liable platform is not the norm, but the specific situation to meet platform to take responsibility, it’s a question of burden of proof involved, “knows or should know that if the platform in the operator infringes upon the lawful rights and interests of consumer behavior, but not the platform take the necessary measures in time, the platform should be jointly and severally liable”.

In fact, if consumers claim that operators and platforms are jointly and several liable, evidence should be provided to prove that the platform knew or should have known that the operator in the platform did not take necessary measures to produce and sell counterfeit goods. However, it is difficult to prove that the platform “knew”. In proving “ought to know,” we can look at objective behavior. According to the relevant judicial interpretation of the Food Safety Law, if the platform knows that the operator has violated the rights and interests of consumers but fails to take measures such as blocking, disconnecting or suspending the service to avoid the occurrence or expansion of the damage, it shall bear joint and several liability.

According to Xu Guangjian, a professor at Renmin University of China, government quality control agencies should step up supervision of product quality in the manufacturing sector, while consumer organizations and research institutions should also play a bigger role.

“The protection of consumer rights and interests related to the quality of products is quite complex, and it is unrealistic to rely solely on the government. We should rely on the government, social organizations and enterprises, manufacturers and e-commerce platforms to work together. Research institutions on protection of consumer rights and interests will increase their research on new problems and phenomena such as e-commerce platform marketing mode and product quality assurance mode, and make their voices heard in a timely manner to let consumers know where problems are likely to occur.” Xu Guangjian said.

Zhou Qingjie, a professor at Beijing Technology and Business University, believes that the rate of unqualified online products is much higher than offline ones. Seen from the surface or direct reasons, “In fact, online trading volume is very large and rising very fast. In the Internet era, online products spread faster when they have problems, while offline products are usually not fed back to the platform or media after they have problems.

Zhou Qingjie suggested that multiple collaborative governance is the key to solving these problems. First, improve legislation to solve the lag problem in the formulation of game rules; Second, strict supervision, including the use of Internet technology to enhance the scientific content and wisdom of supervision, improve the efficiency of supervision, regulators and platforms to cooperate, information sharing and risk exchange, also need to pay attention to; Thirdly, the platform should strengthen governance and strengthen supervision and management of the operators on the platform. Fourth, businesses should enhance the sense of integrity; Fifth, consumers should be rational consumption, not blindly covetous cheap.

“If consumers encounter difficulties in protecting their rights, they can use consumer rights protection organizations and some professional media in the consumer sector to protect their rights and improve the effect of social co-governance.” Zhou Qingjie said.

Sun suggested that the relevant departments should strengthen daily supervision and special efforts to detect and correct all kinds of online sales of fake and shoddy products, and expose them to the public. We will step up coordination in the investigation and handling of trans-regional cyber cases, strengthen information exchange and mutual assistance in law enforcement, and form synergy in supervision. Strengthen credit supervision, implement differentiated supervision according to the credit rating and risk types of platforms, and increase the frequency and intensity of inspection on platforms or merchants with high risk and poor credit.

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