Rights evidential operation is very difficult
After hearing a case of guangdong province, liu after cc deputy secretary listed China Yangtze river, said Mr. Liu encounter is a typical "hunman difficult", similar case although common occurance, but few consumers can rights success. "On one hand companies don't retention samples, on the other hand it's simply not possible to dine out all self-provided consumers actively retention samples" lunch box.
In time, the key evidence has already passed long already cannot forensics, he gave Mr. Liu below: "through 12315 system database look for the day with the same complaint situation people." He says if more than Mr Liu a complaint on the same problem, can prove that day was it really has a problem. But consumer such rights of winning probability sheer luck.
If Mr. Liu walk legal approach, whether the possibility of a dog? Jiang listed China has expressed, but still have to trust to chance. Because Mr. Liu cannot burden of oneself ate the food problem caused gastroenteritis, can according to guangdong people's congress approved the guangdong implementation of the People's Republic of China > measures of protection of consumer rights provisions of article 27 of the burden of proof inverted law, please court let fragrance drifting group burden yourself without fault. This provision: "consumers and business operators for goods and services quality dispute need testing and verification, to hard testing, appraisal, the business operator must provide proof yourself no fault of evidence, cannot offer no-fault evidence, shall bear the responsibility.
But the situation is not optimistic, "this is a burden of inverted principle in the previous case ruling, often and can't get court worked-out letter." Therefore, Mr. Liu even engages in a lawsuit, still have to view courtyard whether to support the burden of inverted appeal.
Rights often "the loss outweights the gain"
"In Mr Liu cases, reflects the consumers cost high and helplessness." The guangzhou bureau of industry and commerce official says consumers in for something worth small commodities, dozens of times commuter businessman, quality identification between departments, sometimes even payment first thousands of yuan quality appraisal cost. Therefore, in the crusade, consumers are facing forensics difficult, complaints, difficult and investigate the difficult, litigation, the difficult difficult problems such as compensation.
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