| In 2019,China’s consumer associations accepted 821 337 complaints,including 34335 complaints about automobiles and parts,accounting for 4.18%of all complaints,an increase of 25.1%over the previous year.Similarly,in 2019,the consumer complaint platform of China Quality wanlihang received 74739 valid complaints about automobile and related product services.Among them,automobile quality problems are the most concerned,with 51548 complaints,accounting for 69%of the total.The main contradictions are engine,gearbox,transmission system and other automobile core components.In addition,the number of complaints reached 8657,ranking the first in the service category,which was lower than the problem of delay in automobile maintenance service,In order to standardize the automobile quality and protect the people’s life and property safety,from October 1,2013,China began to implement the provisions on the responsibilities of repair,replacement and return of household automotive products,which mainly provides the necessary legal basis for the implementation of the responsibilities of repair,replacement and return of household automotive products,and also declares that China is governed by the law of the people’s Republic of China on the protection of consumer rights and interests and the law of the people’s Republic of China on product quality The formal establishment of the "Three Guarantees" system of automobile quality,which is composed of the "law" and the "provisions on the responsibility for repair,replacement and return of household automotive products",is of great significance for the protection of the legitimate rights and interests of consumers.However,it is inconceivable that after the introduction of the "Three Guarantees" system,the complaint rate of automobile products has increased instead of decreasing,and the incidents of collective rights protection of consumers are common.In 2019,the issue of "Three Guarantees" rights protection of motor vehicles was pushed to a climax by the event of "Three Guarantees" rights protection of bonnet of female car owners of Xi’an Benz,which fully shows that the "Three Guarantees" system of motor vehicles in China has not fully played its due role.Due to the rapid development of China’s automobile industry,the domestic automobile manufacturers also have problems of good and bad.When formulating the regulations on the responsibility for repair,replacement and return of household automotive products,the domestic parties’ suggestions were fully taken into account,and concessions were made on many issues.In addition,the existence of legislative lag inevitably led to the legal vacancy in the protection of consumers’ rights and interests The appearance of the question.At present,China’s current "Three Guarantees" system still has perfect space in terms of restrictions on consumers,burden of proof of consumers,punishment measures for dealers,etc.,which makes consumers obviously in a weak position when safeguarding their rights with dealers,resulting in difficulties in safeguarding consumers’ rights,resulting in their own legitimate rights and interests can not be effectively protected.It can be seen that China’s automobile consumption market is in urgent need of improvement,and the"Three Guarantees" system of automobile quality needs further improvement.This paper is divided into five chapters,in addition to the introduction,there are four parts,according to the basic ideas of background analysis,comparative research,problem research and improvement measures.The first part(Chapter 1 and Chapter 2)as the background analysis,interprets the current situation and basic framework of the "Three Guarantees" method of automobile product quality in China,and then leads to the follow-up research.The second part(Chapter 3)introduces the basic situation of foreign legal system of automobile product quality and the reference of our country.The third part(Chapter 4)is the core chapter of this paper,which is also the main problem to be solved in this research,that is,the main problem of the"Three Guarantees" method of automobile product quality in China.The fourth part(Chapter 5)is the significance of this study,that is to say,for the problems in Chapter 4,this paper puts forward the corresponding improvement plan.The research methods of this paper mainly adopt case analysis,document analysis and comparative analysis,analyze the cases,documents and the "Three Guarantees" system in different countries and regions,and propose that the current"Three Guarantees" system in China needs to be further improved in terms of legislative rank,protection scope and preferential protection for consumers.In addition,the innovation of this paper is to analyze the typical cases in the field of automobile consumption by using the method of case analysis,and then extend the problems in the practice of the "Three Guarantees" system of automobile in China,and put forward suggestions for improvement,which overcomes the shortcomings of the previous research that only theoretical analysis or only case analysis from the perspective of legal system,and makes the article more practical。This paper also puts forward a tentative plan for the establishment of China’s automobile quality insurance system by referring to Singapore’s automobile quality insurance system and China’s construction quality insurance system. |
