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Not long ago, the State Administration for Industry and Commerce criticized a number of overlord clauses in banking, telecommunications and other industries, which attracted great attention of the society. According to the research of economic information daily, the overlord clause is still widespread. In recent years, sometimes even if consumers encounter the overlord clause, it is not easy to protect their rights. What's more, some clauses have been proved to be overlord clauses for more than ten years, and they are still tenacious. So, what is the reason why it is difficult to eliminate the overlord clause? Are consumers really out of action

exemption clauses are frequently abused

speaking of the overlord clause, many consumers have experienced it personally. So, what are the most common overbearing terms for consumers? The survey found that the overlord clause is the most common in banking, telecommunications, automotive and other industries

among many overlord clauses, the most common is the abuse of exemption clauses. Lawyer Wang Junqi, a volunteer lawyer for consumer rights protection in Shanghai, said that most of the online banking service agreements have force majeure clauses, which stipulate that in case of force majeure, if the bank fails to implement the customer's instructions, it can not bear. However, the bank did not explain what force majeure was. In addition, when introducing measures such as network expansion, speed regulation and software upgrading, telecom operators will not bear any losses that may lead to consumers' failure to use the Internet business normally. These are typical overbearing terms

Zhao Jiaoli, deputy director of the Shanghai Consumer Protection Commission, said that in our work, the exemption clauses were relatively concentrated by consumer complaints. For example, consumers wanted to buy bank financial products, but they got insurance products. But once the consumer signs, all the risks are borne by the consumer, and many elderly people will suffer as a result

Zhang Yuanzhong, the chief lawyer of Beijing Wentian law firm, said, for example, most banks stipulate that any fund transfer based on user name and password is considered as the behavior of depositors. This means that no matter whether the bank has negligence or not, it needs to be borne by consumers. If there is a continuous fire source, it can still burn quickly and cause accidents, which is obviously unreasonable

another overlord clause commonly existing in the telecommunications and automotive industries is forced selling. Fu Liang, a well-known Telecom analyst, told that almost all operator contracts have been forced to install non essential applications that cannot be uninstalled. In the promotional activities of telecom operators, the last one plus the right to interpret this activity belongs to the company, which is also a typical overlord clause

experts such as Jia Xinguang, executive director of the China Automobile Circulation Association, and Feng Jun, President of the China Insurance Research Institute of automotive technology, pointed out that in the process of automobile purchase, dealers are limited by manufacturers, and there is a problem of minimum price, which is particularly obvious in the field of imported automobiles. There are also many car manufacturers who force tie-in insurance when selling cars. In the after-sales link, there are often cases of non active recall and disguised private recall of problematic vehicles, and these overlord clauses are more harmful

then there is the imposition of unequal treaties. The interview found that some banks put forward unreasonable requirements to loan enterprises, such as tying financial products, insurance, credit cards, or apportioning acceptance bill business, requiring matching deposits and other forms of loan tying

the person in charge of a leather shoes company in Wenzhou, Zhejiang Province, told that when the bank credit line is tight, you generally have to deposit first to get a loan. Different banks have different proportions of different quotas, ranging from 10% to 20%, and even require full refund. Financial products are also required to be purchased by business owners forcibly, which generally accounts for 20% of the loan amount

lax regulation and difficult rights protection are the main reasons.

overlord clauses are not new topics, but some overlord clauses can exist for a long time. According to the data, in 2003, the Consumer Association proposed some overlord clauses in the telecommunications industry, such as not assuming the temporary service interruption due to the construction of the project network. However, similar clauses are still prevalent in telecommunications contracts. At the beginning of 2012, the CBRC expressly stipulated seven prohibitions, such as loan to deposit, loan tie-in, loan charge, etc. However, in operation, relevant behaviors are still prohibited repeatedly

what causes the wild fire of overlord clause to burn out

one of the reasons is the failure of regulators to effectively supervise. Zhang Yuanzhong told that regulators should have played a regulatory role, but sometimes they would favor the regulated institutions

moreover, the lack of marketization and high professionalism of some industries have also led to the long-term parasitism of overlord clauses. Wang Junqi believes that despite the gradual liberalization of policies in the banking and telecommunications industries in recent years, state-owned enterprises are still absolutely dominant, so they are inevitably in a relatively strong position. This unequal trading status is also easy to lead to the overlord clause

Fu Liang said that compared with other industries, the billing system of telecommunications and banking is very complex, and the service methods are more diversified, which makes the industry difficult to be understood by the outside world. At the same time, some outdated terms have not been modified in time, which are also recognized as overlord terms by users. Moreover, in the face of doubt, the attitude of not explaining makes users more dissatisfied

in addition, when facing the overlord clause, consumers should also replace the sealing ring or combination pad in time; Very narrow. Wu Dong, a lawyer from Shanghai Huiye law firm, believes that the main way for consumers to safeguard their rights at present is to complain to the Consumer Protection Commission and government regulatory departments, or to file a civil lawsuit in the court. However, the complaint to the Consumer Protection Commission and the government regulatory department has a long processing cycle, and the degree of help to the case is relatively limited. If you bring a civil lawsuit to the court, the cost of safeguarding rights is higher

it is urgent to combine efforts to protect people's livelihood

for the overlord clause, experts suggest that we must start from the legal, regulatory, rights protection and other aspects, so that the benefits of the overlord clause outweigh the losses, and the automatic calibration of load and deformation. At the same time, we should also introduce a competition mechanism so that consumers have the right to vote with their feet when facing the overlord clause

Zhao Jiaoli told that in the absence of legal characterization, the overlord clause would appear to be reborn. For the service industry, the government should promote operational laws and regulations to protect the legitimate rights and interests of consumers. After all, consumers are vulnerable groups, and the law should protect the weak more

insiders believe that the reason why the overlord clause, which was pointed out more than a decade ago, is still in the market today is that the level of the relevant ban is not enough. If it rises to the legal level, it is expected to be eradicated

Wang Junqi suggested that we should further promote legislation, unblock the channels of safeguarding rights, establish mechanisms that are beneficial to consumers, such as reducing or exempting litigation costs, supporting the losing party to bear lawyer fees, and supporting punitive compensation, so as to encourage consumers to safeguard their rights

insiders said that the benefits and costs of the overlord clause are also extremely unequal, and this strange situation is broken accordingly. According to the information of the State Administration for Industry and commerce, by the end of March this year, the industry and commerce system had interviewed banks and telecommunications enterprises for more than 7400 times, issued more than 10000 administrative proposals, ordered more than 4500 rectification notices, and filed more than 1200 cases for investigation, but the fines and confiscations collected were only more than 22 million yuan. Compared with the benefits brought by the overlord clause in the banking and telecommunications industries, this fine obviously has no deterrent effect

in addition, the monopoly behavior of some industries should be eliminated, and the overlord clause should survive and perish in the competition. Relevant experts believe that sufficient market competition needs to be introduced, so that monopoly enterprises can abandon the idea of relying on monopoly to occupy the market and return to the market essence of winning customers with services. Only through full competition and giving consumers more choices can we fundamentally remove the soil that breeds the overlord clause

recently, the prices of luxury cars of Mercedes Benz, Audi and other brands have been adjusted. Take Audi a 6L as an example. After this adjustment, the zero integer ratio of this model will be reduced from 411% to 291%. Insiders pointed out that this is inseparable from the anti-monopoly investigation of the national development and Reform Commission. It can be seen that the overlord clause is not unbeaten, and the key is to dare to light the sword

short comment: I don't know how long it will take to break up with overlord completely