The Research On The Legal System Of Auto "Three Guarantees"

The quantity of individual automobile consumers increased significantly year byyear in our country, their legal rights and interests are not protected properly. Carproducers and sellers often refuse to bear the obligations of repair, replacement orreturn for no relevant legal provisions. As a legislation specifically designed forautomotive consumer protection, the《Provisions on the Liability for the Repair,Replacement and Return of Household Automotive Products》finally passed afterseveral drafts.In this paper,I based on the fact of the information asymmetry betweenconsumers and producers and sellers,using the method of empirical analysis andnormative analysis, analyse all the relevant laws including the《Provisions on theLiability for the Repair, Replacement and Return of Household AutomotiveProducts》, interpret the legal concepts involved,explain the application of the rightsclauses in “three guarantees” system,demonstrate the use of the “three guarantees”.Specifically, in this passage, structure and viewpoints are as follows:The legal system of Auto "three guarantees" mainly include:《General Principlesof the Civil Law of the People’s Republic of China》and 《Product Quality Law of thePeople’s Republic of China》,《The Law of the People’s Republic of China on theProtection of the Rights and Interests of Consumers》,《Contract Law of the People’sRepublic of China》,《Provisions on the Liability for the Repair, Replacement andReturn of Household Automotive Products》. Among them, the 《Provisions on theLiability for the Repair, Replacement and Return of Household AutomotiveProducts》 is specially designed for auto consumers’ rights and interests, it is acomponent part of the"three guarantees" legal system, it does not exclude otherrelevant laws. Locate the “three guarantees” in the civil law system,The rights ofrepair and replacement are the claim of performance right, repair is asking for furtherpayment, when the seller repair the auto,it will takes a certain amount of time, duringthe period,consumers can’t use the car, when he use other vehicles,it will generateadditional costs. In the regulation, the concept of "car","reasonable expenses" are notbe discussed.Replacement is the right of ask for other things instead, this paper introduces the concept and theory development. Later in this article I shall explore thespecific situations which can not apply repair and replacement and its rationality. Onthe nature of the right of return, it is generally said that the return is the buyer refuseto receive. The author thinks that, return is not the right of refuse to accept,it is theright to terminate the contract. The paper also discusses the right base of return andthe car tax and fee burden problem.In order to apply the rights clauses properly,we must study the scope of the auto"three guarantees" system. The author illustrates the concept of automotive, consumer,defects."Auto" including:autos used for business, company cars, cars be modified,foreign brand cars, used cars.Customers including: the user of the automotiveproducts,others who are hurt by the car.The product defects can be divided into threespecies: manufacturing flaws, design flaws, defects need tracking. There are threestandards of defects:subjective, objective, compromise, I agree with compromisestandard. Auto with Flaws are such situations: car has the possibility of loss or reducethe value, the automobile has the possibility of loss or reduce usual utility, auto doesnot posess the quality as contract implied, auto has unreasonable danger.When the consumers use the “three guarantees” clauses,we must make clear thelegal relationship, including the creditor, the obligor. The persons are vary when thecreditor choose different rights.The obligor not only include sellers,but also includethe manufacturers.when the consumers use the rights of “three guarantees” theyshould show the certifications. Including “three guarantees” certification andpurchase invoice, car maintenance documents. When the consumers use the “threeguarantees”rights,they should bear some restrictions, including the period and thedistance limitation, the principle of good faith, and the contents of the “threeguarantees” contract.