Collection disputes are not all applicable to consumer law disputes
In recent years, the number of private collections has continued to heat up, and various forms of private collections have also become more prosperous. At the same time, disputes in the collection market have also increased, the most prominent of which is the acquisition of counterfeit goods disputes. However, due to the special nature of private collection transactions and collections, some local market management departments and judicial organs have different understandings and different enforcements on whether or not to eliminate the law. This has, to some extent, affected the normal development of private collection transactions.
Wang Qianhu said that under the current circumstances where private collections have achieved greater development and the degree of social concern is getting higher and higher, it is indeed necessary to hold seminars on private collections and consumer rights protection laws. In recent years, the private collection market has been expanding at an alarming rate and has encountered some problems accordingly. This seminar is very timely on how to define the private collection market as a whole and how specific disputes should be handled. A more accurate definition of which law applies and under what circumstances does not apply, which can enable consumers to increase consumption information during the consumption of collectibles and help consumers to better maintain their own rights and interests.
Can Consumerism adjust all private collection transactions? Wang Qianhu believes that in the common trade fairs where private collections are relatively common, if the operators do not have the intentional intention of fraud or fraud, under normal circumstances, it is not applicable to eliminate counterfeiting. When buying fake goods in a collectibles transaction, under what circumstances it belongs to the scope of elimination, it must be treated differently. More commonly, if it is a trade market trade, for a new melamine with the words "Great Ming dynasty" or "Great Qing dynasty," it would be unsuitable if the operator sells it at the price of a general arts and crafts. Use consumer law.
Professor Zhao Qun of the China University of Political Science and Law believes that the private collection transaction behavior can be applied only if it meets the main body of the elimination rule, the behavior is illegal, and the subjective fault is caused. If one of these three conditions is not fully met, There should be no consumer law. However, transactions between individuals conducted in the market or privately do not apply the elimination method to solve the problem, and should be adjusted by the general rules of civil law.
What kind of collectible trade behavior should apply the elimination method? Zhao Zhongfu, a professor at the School of Law of Renmin University of China, believes that among the acts of collecting transactions, transactions that belong to the business operators, such as cultural relics shops, arts and craft shops, and consumers are all within the scope of adjustments. If the operator has made a clear representation of a genuine product, such as a written, verbal, online form, etc., but later identified as a counterfeit product, the buyer may claim compensation in accordance with the consumer law. If the operator does not have subjective fraud, but from the price point of view, can cause major misunderstandings or obvious fairness to consumers, it should also be adjusted in accordance with consumer law.
The auction companies, cultural market operators, managers and collectors from the frontline of the private collection market talked about their personal experience. They believe that due to the special nature of the private collection market, the uncertainty of the identity of buyers and sellers of the collectibles, and the historical and cultural characteristics of the collectibles themselves, it is often unrealistic to adjust the complicated relationships by eliminating them.
It is worth mentioning that many of the Chinese Consumers Association and legal professionals attending the symposium are collectors. They all agree that only in a highly civilized and developed society will the collections get hot. The prosperity of private collections is conducive to social harmony and stability. The collection market needs to be guided and standardized in general, but it cannot be applied to the issue of whether or not to eliminate the law. At the same time, it is necessary to formulate more comprehensive rules for the game of private collections, which should arouse people's attention.