Jia Xinguang: Should Establish a Simple Arbitration Mechanism for Automobile Three Guarantees

At the Auto Three Guarantees legislative hearing, some representatives put forward: “When consumers and manufacturers are disagreeing on product quality issues, who do they listen to?” The current reports on automobile quality and service disputes are public and justified. The woman said that she was reasonable and she said that it is difficult to reach an agreement and let the parties wrestle with each other. I do not know when they can be settled. In many cases, the two sides were exhausted and had to make one step at a time.

A dealer once said: "It is impossible to agree to the user's conditions from the beginning, but there is no way to convince users that it is delaying and can no longer tolerate it. It also means that protracted disputes will affect the distributors. For both consumers and consumers, they have to pay high time and costs. With the delay of time, the spiritual damage to both parties is also deepening.

According to the China Association of Automobile Manufacturers, there is currently no authoritative and impartial third-party appraisal agency, so the auto three packs do not have implementation conditions.

But who will build the third-party appraisal agency? This is a big problem. Even if such an institution is established, there is still a high cost of testing. Moreover, technical appraisal is not a panacea. In 2009, when the U.S. government asked Toyota to recall, the United States did not detect the problem of the brake electronic program. Toyota had to prove its innocence in an abnormal manner, and eventually the U.S. government announced Toyota. There is no brake electronic program problem in the car.

The issue of automobile three-bags should not be subject to the procedure of filing a court trial. In judicial matters, there is a simple civil procedure, that is, the case is relatively simple in nature, or the amount of the subject matter of the litigation is relatively small. It is exclusively a summary court or petty court. With a simple and simple procedure, a quick review will be conducted in order to achieve the purpose of promptly resolving disputes, and the court will first conduct mediation, abbreviated as ADR, meaning "alternative dispute resolution method", "external trial dispute resolution method" or "non-litigation". Dispute Resolution Procedures, Out-of-Court Dispute Resolution Methods, etc.

According to reports, approximately 96% of civil cases in the United States were eventually resolved through a litigation reconciliation system. Under this mechanism, manufacturers provide the necessary evidence to enable consumers to reduce litigation costs in certain circumstances. If the consumer is not satisfied with the decision, the dispute may be referred to the Arbitration Commission. Members of the Arbitration Commission may not contact any manufacturer or distributor, and each committee shall have at least one automotive technical expert.

If the consumer can prove that the car does not meet the quality standards and quality issues have not been resolved after a reasonable number of repairs, the Arbitration Commission should give relief. If both parties have not sued, the decision of the Arbitration Commission is final and binding on both parties. If the manufacturer fails to perform within 40 days from the date of receipt of the decision of the Arbitration Committee, the excess time is calculated as a compensation of 25 US dollars per day to the consumer. Any manufacturer’s appeal will be considered as malicious or harassment, resulting in a one-time increase or even three times the amount of conviction obtained by the consumer. Therefore, even if we take simple procedures, it is not a day or two.

As China's auto three-package approach, before the court mediation process, there should also be an administrative arbitration procedure, that is, a certain department to carry out administrative coordination, such as quality supervision bureau, industry and commerce bureau, consumer association, etc., convening manufacturers and consumption. The parties meet and if necessary participate with a lawyer. The relevant department first listens to the complaints of both parties. The situation is relatively simple and clear, and administrative arbitration opinions should be issued in accordance with the relevant regulations of the Three Guarantees. Administrative arbitration is invalid and it enters judicial proceedings.