New Automobile Recall Policy: Penalties for New Regulations or Upgrades Dozens of Times

In the game about car quality appraisal, auto manufacturers are both "athletes and referees." Because of the lack of "Three Guarantees" policies for cars, consumers have difficulty defending their rights when confronted with quality complaints. China's auto rights protection also maintains "only Unrecoverable strange phenomenon.

Affected by a series of recalls in June, this phenomenon is expected to change during the year.

At the seminar on the implementation of the “encourage cars into the family” policy held on June 23, related experts disclosed that the Regulations on the Management of Defective Automobile Recalls is being revised and it is expected to be upgraded to administrative regulations or laws from departmental regulations in the future.

Several months of car recalls in June

Following Toyota’s “callback” last year, the recall of cars has intensified. In June of this year, it almost became the “car recall month”.

The initiator of the latest recall incident was Shenlong Auto. On June 29, Shenlong Motors submitted a recall report to the General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China in accordance with the “Regulations on the Management of Defective Automobile Product Recalls”, saying that due to the hidden dangers of cooling fans, the decision was made to recall the part. The 1.6-liter Sega, which was produced from August 31, 2009 to March 3, 2010, involved 53,459 vehicles.

Prior to this, the domestic auto market staged a wave of recalls that were dazzling. From Honda, Renault, Chrysler to Subaru, GM, Kia, recalls of many brands, involving vehicles from abroad to domestic, low-end to high-end, let 6 The month can be described as an out-of-the-box "recall month."

“The gearbox has abnormal noises, and it often turns off.” Mr. Zhang, a Changsha consumer who purchased a joint-venture brand vehicle, said that after buying the “problem vehicle” at the end of last year, the merchant “only repaired and did not return”. Attitude, let him toss many times back and forth, suffered torture. But because they can not rely on, he can only complain to the Consumers Association. Mr. Zhang reluctantly said: "Now not open the car, it is trouble!"

“This is inconsistent with the lack of a clear mechanism for rights protection in the domestic auto market and the inevitable link between the rights of private car consumers.” Legal experts said that the most critical issue is the lack of auto “Three Guarantees” policies, which directly affect car buyers. Maintain your own rights and interests.

In fact, as early as December 30, 2004, the state had publicly solicited opinions on the "Repair of Household Automobile Products, Replacement, and Responsibility for Return Policy (Draft)" ("Car Three Guarantees"). However, this draft is still a legend.

Rights backing without legal protection

In a series of dazzling recalls, people began to explore the reasons for the large-scale manufacturing of the automotive industry, or the company itself has changed its consciousness, consciously accelerated the initiative of the recall? Insiders believe that behind the "recalled" incident, it should be 5. Pondering over the large-scale deposits remaining in China's recall system.

Once there is a quality dispute, it must be certified by a professional agency. However, it is understood that there are currently only five agencies with national-level automotive testing qualifications in the country. Once a car has quality problems, it can only be detected by the production companies themselves. This makes it difficult. Ensure that the test results are fair and objective.

The "2009 China Automotive Product Quality and Service Quality Complaint Analysis Report" shows that last year, complaints from Chinese auto users rose by 40% year-on-year, of which complaints on the quality of automotive products were as high as 46%, almost synchronizing with the increase in sales of auto companies.

At present, the legal basis commonly adopted by major car companies is the “Regulations on the Recall of Defective Automobile Products” implemented from October 1, 2004. The “Regulations” are jointly announced by the AQSIQ, the National Development and Reform Commission, the Ministry of Commerce, and the General Administration of Customs. , In order to conceal the defects of the car manufacturers to develop a "punishment" approach, in addition to the need to re-call back, reported criticism, will also be "punished by a fine of 10,000 yuan up to 30,000 yuan."

It is undeniable that the maximum amount of punishment for the 30,000 yuan is not even enough for car manufacturers to be “nine cows.” This contrasts with the international market. In the United States, this standard is 15 million US dollars, if the manufacturers conceal For serious quality defects and the truth, the responsible person may be sentenced to 15 years of imprisonment, and the manufacturer may be fined 15 million to hundreds of millions of dollars.

“China’s auto recall system is left blank. At the same time, the legal system related to recalls is still not binding in China. There is no clear limit on the time when the national quality supervision department identifies defective products.” Jia Xinguang, an auto analyst, said that There is a gap in the design of China's current recall system. It also needs constant improvement in determining the time limit of the process.

New regulations penalize or upgrade dozens of times

According to reports, in a draft of the “New Regulations” submitted for review, it was stated that: “A producer who violates the regulations constitutes an illegal act as stipulated by product quality laws and regulations. If overdue has not yet been corrected, it may be punished with more than 200,000 yuan and 500,000 yuan. The following fines; production companies refuse to bear the responsibility, will be subject to a fine of three times the value of the goods; cause serious consequences of license license revocation, revocation of the certificate; constitute a crime, shall be investigated for criminal responsibility. "

In this regard, experts said that the new rules for recalling cars may be stipulated by the departmental regulations set by a national AQSIQ and eventually upgraded to national administrative regulations or laws. As a result, non-compliance car companies must bear civil and even criminal liabilities while paying fines. .

“Relevant functional departments should introduce the “Three Guarantees” regulation of automobiles as soon as possible, and effectively strengthen the management and regulation of the production and sales of automobiles.” Chen Dongsheng, vice chairman of the National Automotive Hi-tech Industry Service Committee, also believes that the “three guarantees” for automobiles can be quantified. Three engine repairs have not yet been repaired and the engine has to be replaced. It is necessary to explore an implementable "Three Guarantees" method.