The Supreme People’s Court will issue a judicial explanation for the Law on Protection of Consumers’ Rights in accordance with changing circumstances, but it is yet to list it in its work plan.
On World Consumers’ Rights Day, March 15, Beijing-based newspaper Jingbao quoted an official from the court’s research department as saying that, “Publishing a judicial explanation is a serious measure with strict procedures.”
When applied laws are found to be too general, abstract or ambiguous, judicial explanations from the Supreme People’s Court are supposed to clarify the situation. The law on consumers’ rights currently does not help to bring prosecutions in some cases.
The official said that each judicial explanation has to go through stages of planning, investigation and study, drafting, opinion solicitation and finalizing before getting approval from the court’s examination committee. This process can take anything from six months to several years.
Just how long depends on the complexity and progress of the preparatory work. For example, judicial explanations concerning insurance and arbitration need repeated investigation and discussion and take a comparatively long time to complete.
The Law on Protection of Consumers’ Rights has a clear impact on people’s lives. Although the law’s judicial explanation hasn’t been included in the court’s plan, the official said it does regard it as important, and that it would be possible for the process to start in one or two years.
Other judicial explanations dealing with contract, insurance, arbitration and company law, which are closely related to consumers’ rights, are also under consideration, said the official.
Not everyone agrees that a judicial explanation will be the best course of action in improving consumers’ rights in China.
“It’s of little use trying to streamline the Law on Protection of Consumers’ Rights by amending it and making a judicial explanation,” said Liu Xiaoping on March 13, vice leader of the Bureau for Protection of Consumers’ Rights under the State Administration of Industry and Commerce.
“Those defending consumers’ rights are now faced with many problems. The current law is no longer suited to present circumstances,” said Liu, “It would be comparatively easy for the State Council to issue new regulations and amend them in a timely fashion.”
(China.org.cn by Zhang Tingting, March 21, 2005)
