经营者提供商品或者服务三包责任制度的新发展

修订后的《消费者权益保护法》对经营者提供商品或者服务的三包责任进行了全面修改,建立了全新的经营者质量违约的合同解除权和违约责任请求权制度.在国家规定或者当事人约定消费者享有法定或者约定的合同解除权,或者没有国家规定或者当事人约定,消费者在收到商品之日起7天内,也享有合同解除权,都可以主张解除合同予以退货.在国家规定或者当事人约定经营者承担更换、修理等责任,或者没有国家规定或者当事人约定,在消费者收到商品之日起七日后,不符合合同解除权要求的,消费者可以主张经营者承担更换、修理等责任.消费者主张行使合同解除权或者违约责任请求权,可以自行行使,也可以通过法院诉讼方式行使.

The New Development of Three Guarantees Liability System of Commodities or Services Provided by Business Operators

The revised ＂Law of the People＇ s Republic of China on the Protection of Consumer Rights and Interests＂ amended the three guarantees liability of commodities or services provided by business operators. It established a new system of operators breach quality on the fight to terminate the contract and the claim to liabil- ity of breach of contract. In accordance with the provisions of the state or as agreed upon by the parties, con- sumers have the statutory or contractual fight to terminate the contract or in the absence of such provisions of the state or agreements between the parties, consumers still have the right to terminate the contract within seven days after receiving the commodities and may also return them by advocating terminate the contract. In accord- ance with the provisions of the state or as agreed upon by the parties, business operators are required to fulfill their obligations of replacement or repair, among others or in the absence of such provisions of the state or a- greements between the parties, consumers may, after seven days of receiving the commodities and the statutory conditions for rescission of a contract are not met, require business operators to fulfill their obligations of replacement or repair, among others. Consumers use the right to terminate the contract or the claim to liability of breach of contract, and they may exercise by themselves or by court litigation.