Conflict And Perfection Of Auto Quality Defect Remedy Rules

In the dispute over automobile product quality defects,the legal rules that automobile operators and consumers can refer to include three laws: the Contract Law of the People's Republic of China,the Consumer Protection Law of the People's Republic of China,and the Product Quality of the People's Republic of China.Law,as well as laws and regulations such as a departmental regulation,Provisions on Liability for Repair,Replacement,and Returns of Household Automotive Products(hereinafter referred to as the "Three Guarantees for Automobiles").However,in the process of disputes over auto product quality rights and judicial decisions,due to the lack of clear definition of the connotation of the legal provisions of the above-mentioned laws and regulations,and inconsistent applicable rules,relevant parties involved in the legal relationship of auto product quality issues have understood it.There are some conflicts with the application.In view of this,it is particularly critical to clarify and clarify the legal relationship and specific application of the automobile quality defect relief rules.The core proposition of this article is to study and analyze the applicable specifications of the "Contract Law","Consumer Rights Protection Law","Product Quality Law",and "Three Guarantees for Automobiles" in the field of automobile product quality,to clarify the complementary and extended levels Expand the legal effect relationship of conflict and amendment,and propose corresponding legislative improvement suggestions.The aim is to protect the interests of automobile consumers while taking into account the interests of different entities,and pay attention to the balance of interests between automobile operators and automobile consumers.In the end,the subjects involved in the legal relationship of automobile product quality can more clearly apply relevant laws and regulations,exercise their powers,perform their obligations and protect their legal rights.The core proposition of this article is to investigate and study the applicable regulations of the departmental regulations "Three Guarantees for Automobiles" and the relevant provisions of the laws "Contract Law","Consumer Rights ProtectionLaw" and "Product Quality Law" in the field of automobile product quality.analysis.At the same time,it elaborates in detail the conflicts between the applicable rules,the level of amendments,and the extension of the legal effect relationship,and proposes corresponding legislative supplements and amendments.It is designed to protect the interests of automobile consumers and monitor the liability and obligations of the operators To protect consumers' rights and interests in an oblique manner through legislation and the regulation of public authority,with a view to achieving the interests of relevant subjects.In the end,entities that promote participation in the automotive product quality legal system can more clearly apply relevant laws and regulations,exercise their powers,perform their obligations,and protect their legitimate rights and interests.The first chapter of this article is divided into two parts.The first part is a review of the current situation.First,the "Xi'an Mercedes-Benz Consumer Rights Protection Case" is used as an example to elicit the problems discussed in this article,that is,serious quality defects occur after the delivery of automobile products.Conditions for return and exchange rejection Whether the automobile consumer's claim for return or exchange is based on law.Through case analysis,it is pointed out that there are discrepancies between the specific provisions of the applicable automobile quality defect relief rules,leading to the fact that the application of the law conflicts and conflicts.Secondly,it introduces China's domestic practice and research theory on the quality defect rules of automobile products from three aspects: the current status of domestic legislation,the review of judicial decisions,and the overview of scholars' viewpoints.What are the legal rules that can be applied when there is a defect,what are the similarities and conflicts between the various legal rules,what is the level of legal validity of the application,the specific application of the priority law and the application of the post-law "Three Guarantees" And perfection,and explore ways to improve the car quality defect relief specification system.The second chapter analyzes the applicable legal rules one by one in automobile quality disputes,focuses on the logical order in which the various legal provisions are applied,and analyzes the legal provisions through legal hermeneutics,and points out the similarities between the applicable rules.Based on the same points,it explores thecontradictions between rules.Chapter III focuses on the discussion of what kind of legal rank effectiveness rules should be followed between the Consumer Protection Law,the Product Quality Law,the Contract Law,and the Automobile Three Guarantees Regulations.I believe that the higher law should be followed at this time.The priority applies to the rules,while negating the "Three Guarantees for Cars" rule for its special law.It also points out the fact that the legislative procedures of the "Three Guarantees for Automobiles" conflict with the principle of legal reservations.In order to achieve a balance between the legal norms and the interests of various subjects in disputes over automobile product quality defects,and to maintain the integrity of the legal rule system,it should be followed The legal rules of the superior law shall be applied preferentially,and the applicable qualification of the "Three Guarantees for Automobiles" of the inferior law shall be denied.Chapter IV focuses on the specific application and improvement of the priority system of the Consumer Law,the Product Quality Law,and the Contract Law in the legal system of the automobile quality defect relief rules.The specific disadvantages of the "Package Regulations" and the complete complement.The first part focuses on the constitutional elements of civil legal liability of the priority law and its internal logical relationship,and analyzes the legal effects of the priority law and the inferior law,clarifies the connotation and judgment standards of automobile product quality defects,and the choice of car consumer relief rights.And their rationality.The second part analyzes the guarantee liability of the "Three Guarantees of Cars" of the aftermath law,and points out that the part of the regulation that hinders the liability guarantee of automobile defects should be removed.Put forward legislative suggestions for establishing a clear automobile quality defect relief specification system,and establish a unified automobile product quality and safety law,improve various implementation rules to unify the judicial judgment standards for automobile quality defect relief rules,and replace the "Three Guarantees" 2.The corresponding terms of returned automobile products have been supplemented and modified in order to regulate the production and sales behavior of automobile operators in the automotive industry,contribute to the resolution of automobile product qualitydefects and sales disputes,and ultimately achieve the purpose of protecting the legitimate rights and interests of consumers.Finally,at the end of this article is the conclusion of the thesis,by summarizing the content of the full text,in order to fully respond to the questions raised in the introduction,and appropriately look to the future.