China’s new regulations clarify that food and drug complaints can request mediation from market supervision departments.
China news agency, Beijing, December 10 (Reporter Wang Qingkai) On the 10th, the head of the online transaction supervision and management department of the State Administration of Market Supervision of China told reporters about the newly issued Interim Measures for Handling Complaints and Reports in Market Supervision and Management (hereinafter referred to as the Measures), saying that administrative mediation can be applied to all consumer rights disputes in the field of market supervision, including food, medicines, consumer goods, special equipment and intellectual property rights.
The person in charge said that the formulation of the "Measures" is to unify the channels and processing modes of public appeals and improve the efficiency of serving the public; Straighten out and reconstruct the handling mode of complaints and reports, and promote the "chemical integration" of market supervision functions. Complaints about food and drugs can be mediated by the market supervision department.
Data Map: Inner Mongolia Autonomous Region Market Supervision Administration and Hohhot Market Supervision Administration destroyed illegal food and drugs. China News Service reporter Liu Wenhua photo
The person in charge believes that the scope of administrative mediation is usually limited to providing relief to the vulnerable groups in the market economy in order to help the market failure. In the field of market supervision, consumers who meet the needs of life can request mediation when they encounter consumer disputes including fair competition, food, medicines, consumer goods, special equipment, prices, intellectual property rights and so on.
The data shows that administrative mediation has played an important role in consumer rights relief. In 2018, the national market supervision department recovered economic losses of 3.117 billion yuan for consumers through mediation.
It is reported that the Measures have also made some innovations in the administrative mediation system, exploring the entrusted mediation system and the participation mechanism of professionals. The market supervision department may entrust consumer associations or other mediation organizations established according to law to mediate on its behalf.
The person in charge particularly emphasized that the Measures clearly stated that the mediation of disputes over consumers’ rights and interests does not exempt operators from other legal responsibilities according to law, and clearly opposes the phenomenon of "substituting punishment with adjustment".
The Measures will be implemented on January 1, 2020. It will effectively improve the effectiveness of market supervision departments in serving the public and provide strong support for administrative law enforcement.