On The Existence And Abolishment Of The "Three Guarantees" System For Family Cars

In 2012,the State Administration of Quality Supervision,Inspection and Quarantine(hereinafter referred to as the Quality Inspection and Quarantine Bureau)promulgated the "Regulations on Responsibilities for the Repair,Replacement and Return of Household Automobile Products"(hereinafter referred to as the "Three Guarantees" Regulations for Automobiles),hoping to relieve automobile dealers and consumers The rights and obligations of the two parties are not equal.However,in judicial practice,there is a dilemma that the automobile "three guarantees" regulations conflict with the upper law and cannot protect consumers.Therefore,the problem of this article is that under the premise of the successive promulgation of my country’s "Contract Law","Civil Code","Product Quality Law","Consumer Rights Protection Law" and other laws,the product quality liability legal protection system is becoming more and more perfect.Is there still a need for the "three guarantees" provisions of the administrative regulations for automobiles.This article hopes to explore the influence of the generation path of the automobile “Three Guarantees” from the perspective of the historical changes of my country’s “Three Guarantees” system,and the root cause of the regulatory dilemma of the automobile “Three Guarantees” regulations.Through combing the "three guarantees" system,the conclusion of this article is that the automobile "three guarantees" regulations are the product of the "problem-oriented" legislative method of my country’s economic law and the dependence of government intervention in the economic path.The reason for the role of the automakers was also the dual effects of insufficient market economy development and weak consumer awareness of rights protection.With the development of society and the increase in consumption levels and demand,the automobile "three guarantees" system can no longer meet the needs of consumers,and even It has become an obstacle for consumers to use legal weapons to protect their rights.In the context of the promulgation of the "Civil Code",the codification of departmental laws and the gradual establishment of a national "rights-based" social governance model,the "three guarantees" regulations for products including automobiles should also be privately legalized,democratized,and systematic.Finally,it is hoped that this research will be helpful to the development of my country’s product liability theory,the improvement of consumer rights protection legal system,and the exploration of economic law legislative concepts and methods.The article is divided into five parts: The first part introduces the problems to be studied.The "Contract Law" and the "Three Guarantees" of automobiles have different orders between repairs,replacements and returns,leading to different judgments in judicial practice,and in In practice,it cannot play a role,leading to the need for the existence of the "Three Guarantees" regulations as a subordinate law of the "Contract Law" and other laws;the second part mainly introduces the realistic background of the introduction of the "Three Guarantees" regulations for automobiles in China,The order of responsibility under the “Three Guarantees” of automobiles was affected by the reality at that time,and it played an important role in protecting the rights and interests of the automobile industry and consumers at that time.The third part mainly introduces the conflicts of the judicial status quo of the “Three Guarantees” of automobiles and automobiles.The external legality dilemma and internal rationality dilemma faced behind the "Three Guarantees",through a comparative investigation of the foreign automobile "three guarantees" system,I believe that the development process of the product liability system has a profound impact on the "three guarantees" responsibility.The fourth part mainly introduces the influence of the historical changes of the "Three Guarantees" system under my country’s economic system reform on the path generation and nature of the "Three Guarantees" of automobiles,which leads to the fact that the "Three Guarantees" responsibilities of automobiles cannot be compared with my country’s existing product liability guarantee system.coordination.The fifth part mainly introduces the systematic trend of my country’s economic legislation after the promulgation of the Civil Code,and proposes that a systematic legal system for product liability guarantees should be established,which should be organically coordinated with the existing civil liability under the Civil Code.