How to arbitrate when the legitimate rights and interests of consumers are infringed? 20

Arbitration refers to a legal system in which parties voluntarily submit their disputes to the arbitration commission for adjudication. However, consumers should note that the precondition for resolving disputes through arbitration is that both the consumer and the operator must agree to resolve the dispute in this way and reach an arbitration agreement. At present, arbitration commissions have been set up in municipalities directly under the Central Government, provincial capitals and some cities divided into districts in China.

According to the provisions of the Arbitration Law, arbitration implements the system of finality of the award, and if a party applies for arbitration or files a lawsuit with the people's court for the same dispute after the award is made, the arbitration commission or the people's court shall not accept it, but if the party has sufficient grounds to disagree with the award, it may apply to the Intermediate People's Court at the place where the arbitration commission is located to revoke the award within six months of receiving the award.

According to the provisions of the Arbitration Law, the parties applying for arbitration shall meet the following conditions:

a) arbitration agreement;

2) the facts and reasons for the specific arbitration claim;

3) It is within the scope of acceptance by the Arbitration Commission.

When a party applies for arbitration, it shall submit the arbitration agreement, the application form and a copy thereof to the BAC. The statement of claim for arbitration shall contain the following particulars:

1) The name, gender, age, occupation, work unit and domicile of the parties, the name and domicile of the legal person or other organization, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses.

How to Submit to an Arbitration Institution for Arbitration of Consumer Disputes Arbitration is also called arbitration. It refers to an award made by an arbitration institution on the settlement of disputes based on the application of the parties, the arbitration clause and the arbitration agreement. Disputes between consumers and producers and operators who make false claims when purchasing goods and receiving services can also be resolved through arbitration.

Generally speaking, the use of arbitration to make a claim should meet the following three requirements: (1) The parties shall have an arbitration clause or arbitration agreement between them. Arbitration clauses and arbitration agreements are prerequisites for arbitration institutions to accept arbitration cases, and if there is no arbitration clause between the consumer and the business operator or an arbitration agreement is reached afterwards, the arbitration institution will not accept the arbitration application.

2) The consumer shall apply to an arbitration institution with jurisdiction for arbitration. At present, there are two main types of arbitration institutions that accept consumer arbitration applications in China: one is social group arbitration, mainly arbitration committees established by consumer associations at all levels; The other is arbitration by state administrative organs, such as arbitration commissions established by industrial and commercial administrative organs.

3) The parties shall submit an application to the arbitration institution with jurisdiction within the statutory time limit. The application shall state the names and addresses of both parties, the names and positions of the legal representatives, the reasons and requirements for the application, evidence, witnesses and other matters. After accepting the arbitration application of the parties, the arbitration institution shall first mediate on the basis of ascertaining the facts and distinguishing responsibilities, so as to prompt the parties to reach a mediation agreement.

If the parties reach an agreement through mediation, the arbitration institution shall prepare a mediation document, and the mediation document shall be served on both parties, that is, it shall take legal effect and the parties must perform it. If the mediation fails to reach an agreement or the solution is served on one or both parties repents, the arbitration institution shall arbitrate and make an award in accordance with the law. If one party fails to perform, the other party may apply to the people's court for compulsory enforcement.

1. If the legitimate rights and interests of consumers are damaged when purchasing or using goods, they can claim compensation from the seller. After the seller compensates, it is the responsibility of the producer or the judgment to provide the goods to the seller.

Five ways for consumers to protect their rights After their rights and interests are damaged, consumers should immediately think of "I want to protect my rights". At present, there are 5 ways to protect consumer rights determined by China's laws and regulations: reconciliation with business operators; Complain to the Banquet Liquid Consumer Association for mediation; complained to Sun Liang, relevant administrative law enforcement departments such as industry and commerce, quality supervision, prices, health, food and drug supervision;