When the long-awaited car three bags go out of the waiting season

One of the world’s largest auto-producing and selling countries still does not have a complete car three-bag method. If it is placed in any country, it is bound to be defined as a joke, but today’s Chinese auto industry has to face up to it. With such a realistic joke. On the one hand is the call of consumers “sounding exhaustedly”, while on the other it is the silence of the automaker’s “silent silence” that is left to the world as a “season” of waiting in the foreseeable future; on the one hand, the sharp increase in the number of Chinese auto consumption. However, while the auto complaints are climbing steadily and left to the Chinese auto industry, it is a scar that cannot be wiped out.

The so-called "Three Guarantees Law" actually refers to the three responsibilities of the repair, replacement, and return of household cars, and the principle of who is responsible for sales. In other words, if the car has two years or less than 40,000 kilometers, if the car has quality problems, the consumer can repair, replace, or return the goods by using the three-guarantee certificate. If the vehicle causes damage, the seller, the producer, and the repairer Should be responsible for compensation according to the provisions of the owner of the corresponding losses, repairs can not be used normally after two, consumers can submit returns requirements to the dealer. However, due to the current lack of a unified specification, in the event of quality problems, manufacturers, distributors, and consumers tend to hold different opinions and it is difficult to get a satisfactory result for everyone.

According to insiders, actually, as early as 7 years ago (December 2004), AQSIQ officially announced the “Responsibility Regulations for the Return, Replacement, and Return of Household Automotive Products (Draft),” which is commonly known as the “Car Three Guarantees Law.” Draft) collected opinions and suggestions from the whole society, which caused a great uproar at the time that made consumers, auto parts manufacturers, and repair shops firmly believe that: "In 2005, the "Three Guarantees Law" must be able to promulgate," but it is Disappointed that the wait for seven years is still waiting for a return. Until September 21, 2011, the General Administration of Quality Supervision, Inspection and Quarantine reopened the public opinions on “Responsibility for Repair, Replacement, and Return of Household Automobile Products,” and clearly stated the “Three Guarantees” principle of “who sells and who is responsible for the family car”. However, both the previous "Draft" and the "Provisions" proposed in 2011 are more like an industry norm rather than a real legal document. Moreover, these industry regulations are not sufficiently binding and systematic and are not sufficient to escort "the world's largest automobile production and marketing country."

The more severe reality is that the increase in vehicle production and holdings will inevitably bring about more serious industrial problems and contradictions. According to relevant statistics, a total of 82 vehicle recalls were implemented in 2011 in China, and the total number of recalled vehicles exceeded 1.8 million for the first time, the highest in years. Correspondingly, consumer complaints related to the quality of automobiles, as well as issues related to auto parts and maintenance related to the auto market, have once again reached new heights. For the whole year of 2011, the number of complaints in China's auto industry has increased by about 30% compared with 2010. The severe status quo and high voices have made it possible for the “ three-pack ” law to “successfully produce” has become the biggest confusion in the industry. .

In this agonizing, but worth the waiting season, the author summarized several reasons why the Three Guarantees Law was difficult to introduce:

First, the auto manufacturers do not cooperate. This reason is considered to be the biggest factor hindering the release of the Auto Three Guarantees Law in 2004. According to an industry insider who participated in the 2004 “Three Guarantees” seminar of the auto industry, FAW, SAIC, Dongfeng, Beiqi, etc. were almost all domestic The major auto companies jointly wrote a joint letter to the top leadership of the State Council and clearly stated that the Three Guarantees Act at that time made it difficult for enterprises to bear. In the joint letter, major companies stated that due to the late start of China's auto industry and the immature technology development, in order to protect the state-owned assets from being lost and seize the opportunity period of the company's development strategy, the “first-to-order recall regulations and the Three Guarantees policy were proposed. Deferred request. At the same time, considering that the domestic auto market is still small and small, if the implementation of the “three guarantees” of the autos, the state-owned auto companies will not be able to bear the “three guarantees” expenses incurred as additional costs at this time. At the same time, the major car makers expressed concern that certain consumers will use the “three guarantees” as an excuse to enter into disputes with the company. It was this joint letter and the tough attitude of the company within and outside the “Three Guarantees” seminar that caused the “Three Guarantees” of the car in 2004 to sink into the sea and never heard again.

Second, there is a lack of fair and qualified third-party testing agencies. The identification of no door is the focus of current consumers' rights protection difficulties. When the owner does not recognize the manufacturer's test results, they need to carry out quality assessment on their own. At present, only a few accreditation bodies in China do not accept unilateral entrustment if the owner asks to proceed. Appraisal also needs the written consent of the manufacturer, which is not difficult for the owner. Prior to this, some industry experts believed that due to problems such as difficult appraisal, the environmental conditions in which China implemented the “three guarantees” for automobiles are not fully available. The new version of the “Consultation Draft” merely stipulates: “AQSIQ may organize the establishment of an expert library for the dispute resolution of household automotive products. With the consent of the parties to the dispute, the quality and technical supervision departments at all levels and relevant agencies may select experts to participate in mediation. "Working" "If the disputes concerning the three-package liability of domestic automotive products are to be inspected and identified for product quality problems or serious quality safety performance faults, the relevant regulations for product quality arbitration inspection and product quality certification shall be implemented." Many "third-party testing agencies" give a clear statement. In the latest "Three Guarantees Draft Opinions", some experts specifically pointed out: "We hope that the new automobile regulations can clearly identify third-party appraisal agencies and lean towards the disadvantaged consumers in terms of the burden of proof. At the same time, the state should We will vigorously develop third-party appraisal agencies to resolve the current situation where quality problems are identified but there is no verification."

It should be pointed out that problems such as the cost of the test and the accuracy of the test results are not small obstacles. Especially for some expensive imported cars, whether they are spare parts or the quality and technology of the whole vehicle, domestic lack of adequate technology and equipment support for the detection of such automobile problems will become one of the focuses of the debate. The test cost of thousands of times is also a big challenge for the owner, and if it is necessary to carry out the inspection of the main components, the testing cost is as high as tens of thousands of dollars. In the face of this sky-high detection cost, more owners chose to give up. In addition, the long complaint process also caused the owners to feel physically and mentally exhausted.

Third, there is a lack of legal concepts for employees in automobile companies, consumers, and related service industries. Although the Three Guarantees Law has not yet been formally introduced, judging from the current domestic legal survey results, the people’s sense of recognition in the law is far less than the “quarrel” so much that there is a situation where “there is law is difficult to follow”. Therefore, while embarking on the formulation of laws, it is also necessary to strengthen related legal propaganda work. Otherwise, consumers will be ineffective when they face disputes. As most of the problems encountered by consumers today are: automotive quality, maintenance quality, contract disputes and other issues, some consumers pay no attention to collecting relevant maintenance documents during normal maintenance and repairs, and the lack of professional knowledge of the vehicle owners until the time of rights protection. When it was necessary to prove his evidence, he found it impossible to start. Even professionals who defend their rights will encounter a lot of obstacles, because the three packs of promises of different auto makers are not the same. They are “replacement” parts with quality problems, “warranty” parts with quality problems, or "Returning new cars" and so on, these rules and regulations hidden in the contract also inadvertently play a role in impeding consumer rights protection. In addition, issues such as the Three Guarantees category, the implementation of the Three Guarantees Law, etc., are questions that must be prepared before the birth of the "Three Guarantees Law."

Coupled with the low efficiency of testing organizations and maintenance service providers, controversial complaints are often confirmed after several rounds of round trips. Firstly, the owner reports to the 4S shop for the impediment detection, and then the 4S shop gives feedback to the manufacturers for filing. Therefore, several back and forth, ranging from one or two months to as many as one and a half years, the owner’s determination to protect his rights is also slow. After being consumed slowly, the most persistent ones are forced to compromise in the face of limited achievements in human rights protection.

However, it is precisely because of these seemingly difficult obstacles that the importance of the "Car Three Guarantees Law" has become increasingly prominent, and the degree to which the current environment is eager for the law. A healthy automobile production, sales and service market needs a set of complete and systematic legal norms to restrain it. The introduction of automobile “Three Guarantees Law” has become an inevitable trend, and as a consumer, automobile production and sales service provider and spare part producer Everyone should participate in the formulation of the Three Guarantees Law, put forward his own suggestions and opinions, and then allow our country's auto industry to bid farewell to the "lawlessness" of the chaotic season as soon as possible.