Supreme Law: You can't claim that the seven-day unreasonable return system is not applicable on the grounds that the goods have been unpacked. the Supreme People's Court issued opinions on providing judicial services and guarantees to promote consumption on the 27th. The opinions are clear. Consumers need to unpack the goods for inspection without affecting the integrity of the goods. E-commerce operators should not claim that the seven-day unreasonable return system is not applicable on the grounds that the goods have been unpacked. The person in charge of the Supreme People's Court introduced that the opinions put forward 31 specific service guarantee measures from four aspects, starting from the consumption end, production and operation end and market order, so as to enhance consumer confidence and enhance consumer willingness. Opinions on strengthening the judicial protection of consumer rights and interests, protecting the safety of food and drugs with the strictest measures, strengthening the protection of consumer rights and interests in prepaid consumption, and rectifying the "overlord clause" in the consumption field according to law. Strictly protect the legally established and effective housing sales contracts, and control the behaviors that drive up prices and charge high express delivery fees, which lead to contract obviously unfair and other violations of consumers' rights and interests according to law. The opinion clearly stipulates that if the courier uses the express goods without authorization, opens the express package illegally, violently sorts the express goods and other intentional or gross negligence behaviors lead to the loss or damage of the express goods, the consumer requests compensation for the losses, and the express service provider puts forward a defense according to the exemption clause, the people's court does not support its defense. The people's court shall support the operator's blind delivery to the consumer and the consumer's request for unconditional return. At the same time, it is suggested to strengthen the judicial protection of the rights and interests of producers and operators, comprehensively and equally protect all kinds of property rights according to law, and regulate the behavior of illegally restricting producers and operators from building automobile charging facilities and unreasonably hindering owners from building automobile charging facilities according to law; Punish illegal and criminal acts such as producing and selling fake seeds, fake fertilizers, fake pesticides and other agricultural means of production, fake and inferior commodities according to law; Punish dishonest litigation behaviors such as false litigation, malicious litigation and abuse of litigation rights in the field of intellectual property rights according to law. In terms of maintaining an honest and fair market environment, the opinions regulate monopoly and unfair competition behaviors such as compulsory "two-choice", discriminatory treatment, false propaganda, single-page speculation, and compulsory tying according to law; Actively connect with the system of untrustworthy list in the consumer field, promote the establishment of an information disclosure platform for untrustworthy illegal producers and operators, and build a social credit system that is conducive to enhancing consumer confidence; Properly handle cases involving commodity circulation, correct improper administrative acts such as illegal card setting and obstruction of logistics according to law, and promote smooth and orderly cross-regional logistics. Fa Fa Fa [2122] No.35 the Supreme People's Court's Opinions on Providing Judicial Services and Guarantees for Promoting Consumption; Consumption plays a fundamental role in economic development, and final consumption is a lasting driving force for economic growth. Promoting consumption is of great significance for releasing the potential of domestic demand, promoting economic transformation and upgrading, and ensuring and improving people's livelihood. In order to implement the new development concept completely, accurately and comprehensively, accelerate the construction of a new development pattern, focus on promoting high-quality development, further give play to the functions of the people's courts, guarantee services to comprehensively promote consumption, accelerate the upgrading of consumption, and help implement the strategy of expanding domestic demand, the following opinions are put forward. 1. Strengthen the judicial protection of consumers' rights and interests 1. Protect food and drug safety with the strictest measures. Strictly implement the "four strictest" requirements, give full play to the judicial function, and severely crack down on counterfeiting and selling in the whole chain of food and drug production, transportation, warehousing and sales, so as to ensure the people's "safety on the tip of the tongue" and "safety on the tip of the needle". Strictly apply the first responsibility system according to law, avoid mutual prevarication between producers and operators, and protect the legitimate rights and interests of consumers in a timely manner. Support and supervise the administrative organs to manage the food producers and operators who produce and operate foods that do not meet the food safety standards, the food producers and operators whose illegal production and operation have caused serious consequences, and the producers and operators who produce, sell and use counterfeit drugs and inferior drugs according to law, and maintain market order. Severely punish the crimes of producing and selling food that does not meet the safety standards, producing and selling toxic and harmful food, producing and selling counterfeit drugs and producing and selling inferior drugs according to law, and give full play to the deterrent effect of punishment on food and drug safety crimes. 2. Cut off the production and operation chain of "black workshops" by the strictest means. In prepackaged foods, where the producer's name, address, date of production and shelf life are not indicated in accordance with the law, the people's court shall support it in accordance with the law if the consumer claims that the producer and operator shall bear punitive damages, except as otherwise provided by laws, administrative regulations and national standards for food safety. If a drug is produced without obtaining the relevant approval documents, or it is sold knowing that it is of this kind, and the indications, functional indications or components of the drug are unknown, it shall be punished as the crime of obstructing drug management; If drugs are identified as counterfeit and inferior drugs according to law, and the producers and operators also constitute the crime of producing and selling counterfeit drugs or the crime of producing and selling inferior drugs, they shall be convicted and punished in accordance with the provisions of heavier punishment. It is necessary to investigate the responsibility of producers and operators according to law, and resolutely cut off the production and operation chain of "black workshops" of food and drugs. 3. With the strictest liability for compensation, we will curb the counterfeiting and selling of food and drugs. Give full play to the deterrent effect of punitive damages on counterfeiting and selling fakes. If consumers, victims or their close relatives request producers and operators to bear punitive damages for producing food that does not meet food safety standards or for dealing in food that they know does not meet food safety standards, and producing counterfeit drugs or inferior drugs or selling and using them knowing that they are counterfeit drugs or inferior drugs, the people's court shall support them according to law. 4. Strengthen the protection of consumers' rights and interests in prepaid consumption. If a business operator fails to honor his promise, arbitrarily deducts fees, arbitrarily increases prices, or lowers the quality of goods or services after attracting consumers with discounts and low prices, and consumers request the business operator to bear the liability for breach of contract, the people's court shall support it according to law. If the operator fails to sign a written contract with the consumer after receiving the advance payment from the consumer, which leads to disputes between the two parties on the contents of the contract, the contents of the contract may be determined according to the trading habits and the provisions of Article 511th of the Civil Code. After the operator receives the advance payment, it terminates its business without informing the consumer of the refund, resulting in the consumer being unable to continue to obtain the goods or services or apply for a refund, which constitutes fraud. The people's court shall support the consumer's claim that the operator should bear punitive damages. If an operator's behavior constitutes a crime, he shall be investigated for criminal responsibility according to law. 5. Rectify the "overlord clause" in the field of consumption according to law. If the operator who provides the standard terms fails to fulfill the obligation of prompting or explaining according to law, so that the consumer fails to pay attention to or understand the terms that are of great interest to him, the consumer has the right to claim that the terms will not become the content of the contract. If consumers claim that the standard clauses provided by operators that exclude or unreasonably restrict consumers' main rights and the standard clauses that unreasonably exempt or reduce operators' responsibilities are invalid, the people's court shall support them according to law. If there is a dispute over the understanding of the standard terms, consumers claim to interpret them in accordance with the provisions of Article 498 of the Civil Code, and business operators defend themselves on the grounds that they have the right of final interpretation, the people's court will not support their defense. 6. Properly handle live e-commerce and platform dispute cases. The responsibility of the operator of the live broadcast room is determined by factors such as whether the operator of the live broadcast room has fulfilled the obligation to indicate, the appearance of the transaction, the agreement between the operator and the operator, the cooperation mode with the operator, the transaction process and the consumer's cognition. If the online catering service platform operators fail to fulfill their legal obligations such as real-name registration and license examination, and consumers claim that the online catering service platform operators and catering service providers are jointly and severally liable, the people's court shall support them according to law. Considering the nature, source, quantity, price, frequency, whether there are other sales channels, income and other factors of the goods sold by the seller, it can be concluded that the seller is engaged in commercial business activities, and consumers who buy goods on the second-hand commodity online trading platform are damaged, and the people's court should support it according to the law on the protection of consumers' rights and interests. 7. Strengthen the protection of consumers' rights and interests under the new format. Consumers who purchase goods through the internet have the right to return them within seven days from the date of receipt of the goods according to law, without giving reasons, except as otherwise provided by law. Consumers have to unpack and inspect the goods because it is necessary to inspect the goods, and the integrity of the goods will not be affected. E-commerce operators shall not claim that the seven-day unreasonable return system is not applicable on the grounds that the goods have been unpacked. E-commerce operators who make better promises shall abide by them. If the goods meet the statutory or agreed conditions for termination of the contract seven days after receiving them, and consumers advocate timely return, the people's court shall support them according to law. 8. Strengthen the protection of consumers' rights and interests in express delivery services. If the courier uses the express goods without authorization, opens the express package in violation of regulations, violently sorts the express goods and other intentional or gross negligence acts, resulting in the loss or damage of the express goods, and the consumer requests compensation for the losses, and the express service provider puts forward an exemption defense according to the exemption clause, the people's court will not support its defense. The people's court shall support the operator's blind delivery to the consumer and the consumer's request for unconditional return. 9. Strengthen the protection of consumers' personal information. Operators handling sensitive personal information, cross-border transfer of personal information and other acts should obtain the individual consent of consumers, and the people's court does not support their defense on the grounds that they have obtained the general consent of consumers. Where an operator excessively collects personal information of consumers, fails to stop processing or timely delete personal information of consumers after consumers withdraw their consent, or fails to obtain the consent of parents or other guardians of underage consumers to process personal information of underage consumers, and consumers request the operator to bear civil liabilities such as stopping infringement, the people's court shall support it according to law. If an operator refuses to provide goods or services on the grounds that consumers do not agree to the handling of personal information, resulting in consumers being forced to agree to the handling of personal information by the operator, and the consumer requests the operator to bear civil liabilities such as stopping the infringement, the people's court shall support it according to law. If a business operator's handling of personal information infringes on personal information rights and interests and cannot prove that he is not at fault, he shall bear tort liability such as damages. 11. Strengthen the protection of housing consumers' rights and interests. Strictly protect legally established and effective housing sales contracts, maintain market order, help implement a long-term mechanism for the stable and healthy development of the real estate market, actively protect residents' reasonable demand for self-occupation, curb speculative demand for investment, promote the healthy development of residential consumption, and promote the realization of stable land prices, stable housing prices and stable expectations. The people's court should strengthen mediation and guide the parties to resolve disputes through consultation on commercial housing sales contracts caused by breach of contract such as overdue payment, overdue delivery of houses and overdue certification; If a party requests the defaulting party to bear the liability for breach of contract for overdue payment, overdue delivery of a house or overdue issuance of a certificate, the people's court shall handle it in accordance with the provisions of the contract or Article 13 and Article 14 of the judicial interpretation of the commercial housing sales contract. After selling the house, the seller maliciously colluded with a third party to conclude a new contract for the sale of commercial housing and deliver the sold house to the third party for use, so that the original buyer could not obtain the house, the people's court shall legally declare the contract for the sale of commercial housing concluded between the seller and the third party invalid. 11. Properly handle consumer travel disputes. If the epidemic situation or epidemic prevention and control measures cause consumers to fail to perform travel, passenger transport, accommodation and other contracts, and consumers request to terminate the contract and refund the deposit and price, the people's court shall support them according to law. The people's court shall strengthen mediation if the consumer requests to change the contract contents such as the time when the operator provides services; If mediation fails, the people's court may make a judgment by comprehensively considering the trading habits, the purpose of the contract, the specific circumstances of the case and other factors. The people's court will not support the operator's claim of refusing to refund or underpaying the deposit and price only on the grounds that the consumer has exceeded the refund time announced by him. Give full play to the role of the tourism circuit court, solve tourism disputes on the spot and quickly, and facilitate consumers' rights protection in scenic spots. 12. Properly handle consumer shopping disputes related to the epidemic. If the operator knows that epidemic prevention articles such as masks, goggles, protective clothing and disinfectant are fake and shoddy goods and still operate, which constitutes fraud, and consumers request the operator to bear punitive damages, the people's court shall support it according to law. If an operator's behavior constitutes a crime, he shall be investigated for criminal responsibility according to law. During the epidemic period, if a business operator takes advantage of consumers' distress and lack of judgment to drive up prices and charge high courier fees, resulting in the conclusion of a contract that is obviously unfair, and consumers request to cancel the contract, the people's court shall support it according to law. After the contract is cancelled, if the consumer can't return the subject matter of the contract or there is no need to return it, the people's court may determine the price that the consumer should compensate at a discount according to the relevant laws and regulations, trading habits and the principle of fairness. 13. Properly handle disputes over medical and health services and sports consumption. Trial of medical damage liability disputes in accordance with the law, and actively protect the legitimate rights and interests of patients and other parties. Punish medical-related crimes according to law, severely punish "medical troubles", maintain normal medical order, and build a harmonious doctor-patient relationship. Actively guide medical institutions and other subjects to increase high-quality medical care, health care, rehabilitation, health tourism and other services to help promote the construction of a healthy China. Accurately apply civil legal systems such as self-indulgent risks, properly handle all kinds of disputes arising from sports consumption, promote mass sports consumption, and help implement the national fitness strategy. 14. Strengthen the protection of the rights and interests of underage consumers. Properly handle service contract disputes such as childbirth, nursery and education, promote the consumption development of childcare services, and help improve the quality of education services. If the canteens of schools, kindergartens and other units fail to strictly abide by laws, administrative regulations and food safety standards, order food from enterprises that have obtained food production and business licenses, or fail to inspect the ordered food as required, resulting in the food provided does not meet the food safety standards, and consumers request them to bear the liability for compensation, the people's court shall support it according to law. Handle criminal cases that endanger food safety according to law, and take "endangering the safety of main and auxiliary foods for infants and young children" as an aggravating circumstance, and strengthen special protection for food safety of minors. If a provider of online games and live webcasts provides online games and live webcasts to minors in violation of the law, charges a recharge fee and accepts rewards for live webcasts, and consumers request a refund of the recharge fee and reward fee, the people's court shall support it according to law. If a person with limited capacity for civil conduct, without the consent of his guardian, spends money unsuitable for his age and intelligence by participating in online paid games or rewarding online live broadcast platforms, and the consumer requests to return the money, the people's court shall support it according to law. Intensify the rectification of network violations and actively create a healthy, clear and conducive network environment for the growth of minors. 15. Strengthen the protection of the rights and interests of elderly consumers. Selling goods or services with high quality and low price to elderly consumers by exaggerating propaganda and fictional functions of treatment, health care and health preservation of goods or services constitutes fraud, and consumers request producers and operators to bear punitive damages, and the people's court shall support them according to law. Where an operator induces an elderly consumer to buy health food and other commodities or services that do not meet their needs or are obviously beyond their needs, resulting in a obviously unfair contract, and the consumer requests to cancel the contract, the people's court shall support it according to law. If the operator's behavior constitutes a crime of fraud, he shall be investigated for criminal responsibility according to law; At the same time, it constitutes the crime of producing and selling fake and inferior products and other crimes, and shall be convicted and punished in accordance with the provisions of heavier punishment. By creating a good legal environment, we will serve the coordinated development of the old-age care cause and the old-age care industry and help develop the silver-haired economy. 16. Strengthen the protection of rural consumers' rights and interests. Severely crack down on counterfeit well-known brands, abuse of food additives, sale of expired food, and production and sale without manufacturers, production dates, shelf life and food in rural food markets according to law.