With the approaching of the "home automotive product repair, replacement, return responsibility (request for comment)" (hereinafter referred to as the "three guarantees") hearings, the debate on whether the "three guarantees" of automobiles should be introduced has become increasingly fierce.
The conditions have basically matured. Industry insiders have suggested that the conditions for the introduction of the “Three Guarantees†system are not yet mature. The main reason is that the current supporting system is not perfect, it will increase the burden on consumers, and it should clearly define the obligations and responsibilities of consumers and certification bodies.
In this regard, the automotive industry senior commentator Jia Xinguang and Qiu Baochang, a well-known human rights lawyer, believe that consumers who are in a weak position in automobile disputes have always been the victims of difficulties in certification, difficult identification, and difficult claims. They promptly issued the “Three Guaranteesâ€. The system is very necessary.
The reporter learned that the China Automotive Technology and Research Center (hereinafter referred to as "China Railway Research") is preparing to establish a "traffic accident judicial appraisal institute". It will provide authoritative and impartial appraisal results for traffic accidents from a technical perspective. Although Zhao Hang, director of the China National Automobile Research Institute, stated that the traffic accident judicial appraisal institute had no connection with the "Three Guarantees" vehicle. However, the reporter believes that as long as there is a demand in the market, testing agencies like the Judicial Bureau for Traffic Accidents will appear one after another.
Some industry insiders hope that the “Three Guarantees†can be implemented step by step. First, strengthen and standardize and perfect “Bao Xiuâ€, and then gradually explore the implementation of “pay backâ€, “replacementâ€, and wait until the environmental conditions are basically mature and then comprehensive Promote the implementation of "three guarantees" for automotive products. For the "three bags" change "one package" proposal many consumers objected that the perfect package repair is a matter of manufacturers, "Three Guarantees" is a standardized system for the automotive market, is the maintenance and protection of consumer interests.
During the interview, the reporter obtained reliable information from the relevant departments and cooperated with the relevant rules for the implementation of the “Three Guarantees†system. It is currently under scrutiny and has initially formed a feasibility framework. After the implementation of the "Three Guarantees" system, the relevant rules will soon be gradually introduced.
The essential difference between the “Three Guarantees†and the recall is in the debate. Some people think that the introduction of the “Three Guarantees†system under the current situation is better than perfecting the recall system first. As for the difference between the "Three Guarantees" and the recall, the reporter also interviewed relevant experts.
Experts believe that, on the surface, car recalls and the “three guarantees†are all designed to solve some of the quality problems that arise in cars and safeguard the legitimate rights and interests of consumers. However, there are differences in the nature, legal basis, object, scope, and solution of the problem: First, the nature is different. The purpose of the car recall is to eliminate the unsafe factors brought by the defective car safety to the whole society and safeguard the public safety; the purpose of the “Three Guarantees†car is to protect the legitimate rights and interests of the consumers, and during the period of product liability guarantee, when the vehicle is When quality problems occur, the manufacturer is responsible for free solutions for consumers, reducing consumer losses. Second, the legal basis is different. The recall of automobiles is based on the "Product Quality Law." Automobile "Three Guarantees" is a special breach of contractual liability for business operators. According to the "Product Quality Law," the company has quality problems in the "three guarantees" period, The state formulates the “three guaranteesâ€, and the seller is responsible for repairs, replacements, returns, and assumes product guarantee responsibilities. The third is different objects. The recall is mainly directed at system-related, identity-related and safety-related deficiencies. This deficiencies must exist in a group of vehicles and are related to safety. "Three Guarantees" is the legal responsibility to solve the accidental product quality problems caused by random factors. For the accidental product quality problems caused by various random factors in the production and sales process, generally do not cause extensive personal injury and property damage. During the “Three Guarantees†period, as long as the vehicle has quality problems, regardless of whether the issue is related to safety, as long as it is not caused by improper use of the consumer, the seller shall bear the product guarantee responsibility for repair, replacement, and return. The fourth point to note is that the scope of adaptation of these two systems is different. The "Three Guarantees" is mainly for home vehicles. Vehicle recalls include home and all kinds of road vehicles that are operated and are treated equally as long as there are defects. The fifth is the solution. The main method of car recall is: After the car manufacturer finds a defect, it first reports to the competent authority, and the manufacturer takes effective measures to eliminate the defect and implement the recall. The solution to the “three guarantees†of the autos is that the auto operators shall be responsible for repairing, replacing, and returning product guarantee responsibilities for the vehicles in question according to the relevant national regulations. In specific ways, mediation is often conducted by an agency approved by the administrative agency.
Some experts pointed out that the “Three Guarantees†system cannot be introduced because the recall system is not perfect. Jia Xinguang told reporters that "Three Guarantees" is not China's only feature. In foreign countries, "Three Guarantees" and recalls are coexisting. The two systems support each other and complement each other, so as to fully manage public safety and product quality.
The support reporters learned that the support for the “Three Guarantees†system was strongly supported. Many people think that it is not a matter of discussion that should or should not be introduced. It shouldn’t be a word of mouth. Instead, it must sit down frankly and discuss research with multiple parties. How to make things better is the original intention, and the “Three Guarantees†system is well established. At present, the "Three Guarantees" policy is still in the stage of soliciting opinions. Yan Jinghui, deputy general manager of Beijing Yancheng Asian Games Village Automotive Trading Market, strongly urges consumers, distributors, and manufacturers to actively participate in the solicitation of opinions and try to make this system perfect from the outset.
Things are developing, and all the rules and regulations cannot be as perfect as they were in the beginning. The “Three Guarantees†system is also the same. It will surely encounter many practical problems in the formulation and implementation of the beginning. Industry insiders believe that the "Three Guarantees" vehicle should be introduced as soon as possible, and the detailed rules can be gradually improved and supplemented during implementation.
Jia Xinguang told reporters that the government departments must take the determination to introduce the “Three Guarantees†as soon as possible and establish the right of owners to return vehicles. It cannot be discussed for a long time. First introduced, slowly further improve and improve.
Yang Hongcan, vice president and secretary-general of the China Consumers Association, said in an interview with Xinhua News Agency reporters that the China Consumers Association had participated in the revision of the “Three Guarantees†liability rule for cars for many times, and this provision has matured through nine drafts.
Wu Yong, executive deputy chairman of the Zhongshan Automobile Distribution Association, believes that the implementation of the “Three Guarantees†regulation requires the running-in of consumers, dealers, and automobile manufacturers. If the interests of the three parties can not be finally balanced, then the "three guarantees" rule of the car will be difficult to implement smoothly in the actual relocation.
Yan Jinghui thinks that the introduction of the "Three Guarantees" is very meaningful. If the "Three Guarantees" policy of the automobile can be successfully introduced, it will have a positive effect on the manufacturers in strictly controlling the quality and improving the technical level. Of course, he also believes that the introduction of the “Three Guarantees†policy for automobiles is a test, an opportunity, and a challenge for many manufacturers. In addition, Yan Jinghui hopes that after the introduction of the "Three Guarantees" policy, it will need to introduce more detailed implementation details to increase the operability of the policy. China Quality News
The conditions have basically matured. Industry insiders have suggested that the conditions for the introduction of the “Three Guarantees†system are not yet mature. The main reason is that the current supporting system is not perfect, it will increase the burden on consumers, and it should clearly define the obligations and responsibilities of consumers and certification bodies.
In this regard, the automotive industry senior commentator Jia Xinguang and Qiu Baochang, a well-known human rights lawyer, believe that consumers who are in a weak position in automobile disputes have always been the victims of difficulties in certification, difficult identification, and difficult claims. They promptly issued the “Three Guaranteesâ€. The system is very necessary.
The reporter learned that the China Automotive Technology and Research Center (hereinafter referred to as "China Railway Research") is preparing to establish a "traffic accident judicial appraisal institute". It will provide authoritative and impartial appraisal results for traffic accidents from a technical perspective. Although Zhao Hang, director of the China National Automobile Research Institute, stated that the traffic accident judicial appraisal institute had no connection with the "Three Guarantees" vehicle. However, the reporter believes that as long as there is a demand in the market, testing agencies like the Judicial Bureau for Traffic Accidents will appear one after another.
Some industry insiders hope that the “Three Guarantees†can be implemented step by step. First, strengthen and standardize and perfect “Bao Xiuâ€, and then gradually explore the implementation of “pay backâ€, “replacementâ€, and wait until the environmental conditions are basically mature and then comprehensive Promote the implementation of "three guarantees" for automotive products. For the "three bags" change "one package" proposal many consumers objected that the perfect package repair is a matter of manufacturers, "Three Guarantees" is a standardized system for the automotive market, is the maintenance and protection of consumer interests.
During the interview, the reporter obtained reliable information from the relevant departments and cooperated with the relevant rules for the implementation of the “Three Guarantees†system. It is currently under scrutiny and has initially formed a feasibility framework. After the implementation of the "Three Guarantees" system, the relevant rules will soon be gradually introduced.
The essential difference between the “Three Guarantees†and the recall is in the debate. Some people think that the introduction of the “Three Guarantees†system under the current situation is better than perfecting the recall system first. As for the difference between the "Three Guarantees" and the recall, the reporter also interviewed relevant experts.
Experts believe that, on the surface, car recalls and the “three guarantees†are all designed to solve some of the quality problems that arise in cars and safeguard the legitimate rights and interests of consumers. However, there are differences in the nature, legal basis, object, scope, and solution of the problem: First, the nature is different. The purpose of the car recall is to eliminate the unsafe factors brought by the defective car safety to the whole society and safeguard the public safety; the purpose of the “Three Guarantees†car is to protect the legitimate rights and interests of the consumers, and during the period of product liability guarantee, when the vehicle is When quality problems occur, the manufacturer is responsible for free solutions for consumers, reducing consumer losses. Second, the legal basis is different. The recall of automobiles is based on the "Product Quality Law." Automobile "Three Guarantees" is a special breach of contractual liability for business operators. According to the "Product Quality Law," the company has quality problems in the "three guarantees" period, The state formulates the “three guaranteesâ€, and the seller is responsible for repairs, replacements, returns, and assumes product guarantee responsibilities. The third is different objects. The recall is mainly directed at system-related, identity-related and safety-related deficiencies. This deficiencies must exist in a group of vehicles and are related to safety. "Three Guarantees" is the legal responsibility to solve the accidental product quality problems caused by random factors. For the accidental product quality problems caused by various random factors in the production and sales process, generally do not cause extensive personal injury and property damage. During the “Three Guarantees†period, as long as the vehicle has quality problems, regardless of whether the issue is related to safety, as long as it is not caused by improper use of the consumer, the seller shall bear the product guarantee responsibility for repair, replacement, and return. The fourth point to note is that the scope of adaptation of these two systems is different. The "Three Guarantees" is mainly for home vehicles. Vehicle recalls include home and all kinds of road vehicles that are operated and are treated equally as long as there are defects. The fifth is the solution. The main method of car recall is: After the car manufacturer finds a defect, it first reports to the competent authority, and the manufacturer takes effective measures to eliminate the defect and implement the recall. The solution to the “three guarantees†of the autos is that the auto operators shall be responsible for repairing, replacing, and returning product guarantee responsibilities for the vehicles in question according to the relevant national regulations. In specific ways, mediation is often conducted by an agency approved by the administrative agency.
Some experts pointed out that the “Three Guarantees†system cannot be introduced because the recall system is not perfect. Jia Xinguang told reporters that "Three Guarantees" is not China's only feature. In foreign countries, "Three Guarantees" and recalls are coexisting. The two systems support each other and complement each other, so as to fully manage public safety and product quality.
The support reporters learned that the support for the “Three Guarantees†system was strongly supported. Many people think that it is not a matter of discussion that should or should not be introduced. It shouldn’t be a word of mouth. Instead, it must sit down frankly and discuss research with multiple parties. How to make things better is the original intention, and the “Three Guarantees†system is well established. At present, the "Three Guarantees" policy is still in the stage of soliciting opinions. Yan Jinghui, deputy general manager of Beijing Yancheng Asian Games Village Automotive Trading Market, strongly urges consumers, distributors, and manufacturers to actively participate in the solicitation of opinions and try to make this system perfect from the outset.
Things are developing, and all the rules and regulations cannot be as perfect as they were in the beginning. The “Three Guarantees†system is also the same. It will surely encounter many practical problems in the formulation and implementation of the beginning. Industry insiders believe that the "Three Guarantees" vehicle should be introduced as soon as possible, and the detailed rules can be gradually improved and supplemented during implementation.
Jia Xinguang told reporters that the government departments must take the determination to introduce the “Three Guarantees†as soon as possible and establish the right of owners to return vehicles. It cannot be discussed for a long time. First introduced, slowly further improve and improve.
Yang Hongcan, vice president and secretary-general of the China Consumers Association, said in an interview with Xinhua News Agency reporters that the China Consumers Association had participated in the revision of the “Three Guarantees†liability rule for cars for many times, and this provision has matured through nine drafts.
Wu Yong, executive deputy chairman of the Zhongshan Automobile Distribution Association, believes that the implementation of the “Three Guarantees†regulation requires the running-in of consumers, dealers, and automobile manufacturers. If the interests of the three parties can not be finally balanced, then the "three guarantees" rule of the car will be difficult to implement smoothly in the actual relocation.
Yan Jinghui thinks that the introduction of the "Three Guarantees" is very meaningful. If the "Three Guarantees" policy of the automobile can be successfully introduced, it will have a positive effect on the manufacturers in strictly controlling the quality and improving the technical level. Of course, he also believes that the introduction of the “Three Guarantees†policy for automobiles is a test, an opportunity, and a challenge for many manufacturers. In addition, Yan Jinghui hopes that after the introduction of the "Three Guarantees" policy, it will need to introduce more detailed implementation details to increase the operability of the policy. China Quality News
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