Traditional Culture Encyclopedia - Travel guide - There are several ways to resolve consumer disputes

There are several ways to resolve consumer disputes

Legal subjectivity:

1. Negotiate and settle with tourism operators. This is the easiest and lowest-cost way to resolve tourism consumption disputes, and it is also a commonly used dispute in tourism activities. Solution: 2. Request mediation from the Consumer Association. The mediator for disputes over the rights and interests of tourism consumers can be consumer associations, people's mediation committees, arbitration institutions, administrative agencies, or individual citizens trusted by both parties. Mediation is conducted under the auspices of a third party trusted by both parties. The atmosphere is relatively relaxed, and both parties can reach an agreement of mutual understanding and compromise in a relatively good atmosphere. 3. Complain to the relevant administrative departments. 4. According to the arbitration agreement reached with the operator, the case can be submitted to an arbitration institution for arbitration. 5. File a lawsuit with the People's Court. Litigation is the most complex procedure. Although this is not the only way to resolve disputes, when other methods are ineffective and you want to resolve the dispute, litigation is the final method that has to be adopted. The parties may also directly resort to litigation to resolve disputes over the rights and interests of tourism consumers without resorting to other means. Legal objectivity:

1. Negotiation: When consumers find problems with product quality, producers and sellers should first negotiate with users and consumers to reach a settlement. 2. Mediation: including private mediation, administrative mediation and court mediation. Administrative mediation refers to mediation hosted by the industrial and commercial administration department, product quality supervision and management department and other relevant departments. Court mediation is a type of mediation that is conducted first when resolving disputes through litigation. There are generally no strict regulations on the scope and procedures for resolving product quality disputes through mediation, but mediation must follow the principles of legality and voluntariness. The mediation agreement cannot violate national laws and regulations, nor damage the interests of the public or others. Mediation cannot be imposed on others. The mediator cannot force the parties to accept mediation or reach an agreement. If mediation is successful, the parties must sign an agreement, but the agreement does not have the legal effect of enforcement, and one party cannot apply to the court for enforcement. 3. Complain to the relevant administrative departments. 4. Arbitration: Arbitration refers to the legal system in which both parties voluntarily and reach a written agreement to hand over the dispute to a third party - local arbitration committees make a ruling, and both parties to the dispute are obliged to implement the ruling to resolve the dispute. An arbitral award is final and mandatory, which is reflected in the fact that once the parties choose arbitration to resolve a dispute, the award made by the arbitrator has legal effect, and the right holder can apply to the People's Court for enforcement. This is also the difference between arbitration and mediation. Arbitration is a third-party impartial activity. The third party conducting arbitration is the arbitration organization, and the person undertaking the arbitration task is the arbitral tribunal or the sole arbitrator. The arbitration procedure includes application, defense, court hearing, investigation and evidence collection, etc. my country's Arbitration Law implements a one-award final system, that is, after an arbitration award is made, the parties cannot apply for arbitration or file a lawsuit in the People's Court for the same dispute. However, when the arbitration award is revoked or not enforced by the People's Court in accordance with the law, the parties shall The dispute can be applied for arbitration based on the arbitration agreement re-reached by the two parties, or it can be brought to the People's Court. my country's arbitration institutions are independent of administrative agencies and do not implement hierarchical or regional jurisdiction. After an economic dispute occurs, it is up to the parties to decide whether to choose arbitration and which arbitration committee to choose. 5. Litigation: When a civil dispute occurs over product quality, the parties concerned may file a lawsuit in the People's Court. This is the last way provided by law to resolve civil disputes over product quality. Litigation consists of three basic stages: prosecution, trial and execution. It is divided into civil litigation, criminal litigation and administrative litigation according to the nature of the problem to be solved. Product quality disputes are civil disputes and require civil litigation. When a party files a lawsuit in the People's Court to request judicial protection, it must go through the following steps: (1) Prosecution and acceptance. The person who files a lawsuit is called the plaintiff. The plaintiff must meet four conditions to sue: First, the plaintiff has a direct interest in the dispute. Second, there is a clear defendant, that is, the person or organization that the plaintiff believes has infringed upon his rights. Third, there are specific litigation claims, facts and reasons. Fourth, it falls within the scope of acceptance of the People's Court and the jurisdiction of the People's Court subject to the lawsuit. To initiate a prosecution, a complaint shall be submitted to the People's Court and copies shall be submitted according to the number of defendants. Oral prosecution may also be made under special circumstances. After receiving the indictment or oral complaint, the people's court will conduct a trial in accordance with the law. If the conditions are met, the case will be filed for management. If the conditions are not met, the case will be dismissed. ?(2)Judgement.

After deciding to accept the case, the People's Court must make preparations before the trial, including sending a copy of the indictment and hearing