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　　Recently, a news that "the new car of a woman’s front foot was damaged by a 4S shop after paying the full amount" went on a hot search. When the staff of the 4S shop picked up the car for Ms. Huang in Wuhan, they mistakenly hung the reverse gear, causing the vehicle to hit the wall, the rear bumper to fall off and the taillights to be seriously damaged. The new car became an "accident car" before it was mentioned. Ms. Huang, the owner of the car, asked for a new one. After some negotiations, she only got the promise of original maintenance and 4500 yuan compensation from the 4S shop.

　　When the new car turned into an accident car, the owner had no choice but to sign an "unequal treaty", indicating that he was "very uncomfortable"

　　△ The new car has not yet arrived, and it has become an accident car. It has been compensated for 4,500 yuan. The parties have restored the incident.

　　"I didn’t even see how the new car came out. When I arrived at the scene, the car had already hit." Ms. Wang, who bought the vehicle with Ms. Huang, told the Voice of China at the reception desk about the incident: On March 15th, the salesperson of the 4S shop asked Ms. Wang to pay the full amount in advance on the grounds that "the vehicle was mortgaged in the bank". "At that time, the vehicle was in good condition, but the sales said that the vehicle license was not there, so it was not mentioned." On March 22, Ms. Wang received a notice to pick up the car, and there was a collision in which the sales were reversed. After the accident, the 4S shop refused Ms. Wang’s replacement request on the grounds that she had paid the full amount. "The 4S shop said that the money was paid, the insurance was paid, and transfer fees also paid it. The car is ours. They don’t change it. At most, they repair it according to the original parts." Ms. Wang said.

　　Ms. Wang, who failed in many negotiations, called the consumer hotline and the mayor hotline for help, but she only got a lot of "sorry" from the original "tough" 4S shop, and the problem still could not be solved. "I also thought about taking legal channels, but we really can’t afford it." Ms. Wang said that she was anxious to use the car, and it took a long time to go to court. Moreover, the previous negotiations had consumed a lot of energy, so she had no choice but to accept the mediation plan. Ms. Wang said that it was "very uncomfortable" to spend money to buy an accident car, and it was really helpless to accept the compensation of 4,500 yuan. "Faced with a company, consumers always seem to be in a weak position." Ms. Wang said that she later asked to check and replace the old accessories after maintenance, and the 4S shop did not provide the voucher on the grounds of "throwing it away". Ms. Wang hopes to promote the improvement of relevant legal provisions through her own case, so that consumers will no longer suffer the same losses.

　　As of press time, the Voice of China, the general station, has never been able to dial the phone number of the 4S shop involved.

　　Qi Haitao, a senior car critic: Consumers should not be forced to accept "defective cars", and the guide to avoiding pits should be memorized.

　　△ How to avoid the car trap? Senior car critic Qi Haitao’s tricks

　　"Let consumers accept ‘ Defective car ’ It is very unfair. " Qi Haitao, a senior car critic and the manager of the media "Chief of Staff said the car", believes that it is "no doubt" to ask the 4S shop to change to a new car. In addition, the 4S shop should apologize and compensate the consumers to make up for the losses of the owners.

　　Qi Haitao pointed out that consumers should dare to "show their swords" to businesses when facing similar situations. First of all, we must insist on not mentioning the car, and then complain to 12315 and the manufacturer’s 400 phone number. Manufacturers often pay more attention to the brand’s popularity and reputation than the loss, and they will put pressure on 4S stores.

　　"The fierce competition in the automobile market is the main reason why consumers and salesmen are in a weak position." Qi Haitao suggested that consumers should try their best to choose big brands and qualified dealers when buying a car, and don’t take price as the only basis for choosing a car. When buying a car in a 4S shop, they should try their best to go through formal channels instead of looking for a small financial guarantee company. The process of paying money and inspecting the car should also be standardized, subject to paper contracts, and do not trust the verbal promises of sales staff. Qi Haitao reminds everyone to polish their eyes and "stretch a few strings" in their minds, so as to ensure that their legitimate rights and interests are not infringed.

　　Zhu Wei, a civil law expert: 4S stores should take full responsibility, and consumers have the right to demand compensation and replacement.

　　"Who will compensate for the damage of the car is related to the issue of risk transfer." Zhu Wei, an expert from the expert committee of China Consumers Association and deputy director of the Communication Law Research Center of China University of Political Science and Law, said that according to the provisions of the Civil Code, motor vehicles belong to movable property. If the car keys or the control over the use of the car have been handed over to the buyer, the risks will be borne by the consumer. However, in this case, although the consumer has paid the full amount, the control of the car and the driver are all staff of the 4S shop, and the vehicle has not actually been delivered. The damage caused by the collision should be borne by the 4S shop.

　　Zhu Wei pointed out that even if the key has been delivered to the consumer, it is also a "duty behavior" for the staff of the 4S shop to drive the car by the owner, and it is a "collateral obligation". The vehicle damage caused in this process should also be borne by the 4S shop. "No matter from which angle, consumers have the right to ask 4S stores for compensation and replacement." Zhu Wei said.

　　Liu Junhai, an expert on consumer rights protection law: Consumers should not be forced into "rights protection experts", and merchants are the first responsible person to protect consumer rights.

　　△ How to solve the high cost of consumer rights protection? An in-depth analysis of Liu Junhai, a legal expert

　　"In the face of hot legal issues, we should use legal thinking to treat them rationally." Liu Junhai, vice chairman of the Consumer Protection Law Committee of china law society and director of the Institute of Commercial Law of Renmin University of China, said in an interview with Yang Guang, the head office, that whether the owner has the right to ask for a refund or a new one is related to the tort liability law. From a fair point of view, if the damage is serious, the new one should be supported, but if only the non-critical parts are damaged, the treatment method of maintenance plus compensation is more reasonable. Liu Junhai pointed out that 4S stores should fulfill a higher degree of social responsibility to consumers, carry forward the consumer-friendly business philosophy, and achieve "it is better to lose millions of dollars than to hurt customers’ hearts".

　　In Liu Junhai’s view, consumers are often weak when facing 4S stores. Due to the unequal financial resources and asymmetric information, it is difficult for consumers to compete with the 4S stores that have invested huge sums of money to invite big-name lawyers to hold litigation marathons. The spirit of safeguarding rights can easily be worn down in the waiting of "dragging on day by day", and the consumer psychology of swallowing up has also encouraged some 4S stores to ignore the rights and interests of consumers. Moreover, the market of 4S stores has yet to be standardized, and there are adverse elimination effects such as "bad money drives out good money" and "good people suffer indignities and bad people are arrogant" In this regard, Liu Junhai pointed out that water can carry a boat, and it can also overturn it. Merchants should not make consumers invulnerable rights experts, but should play the role of "the first responsible person to protect consumers’ rights and interests". Manufacturers should not only have innovative IQ, but also have respected EQ, legal businessmen who consciously believe in and fear Consumer Protection Law and Civil Code, and german businessmen who consciously practice sales ethics.

　　"It is better to ask for help than to ask for help." Liu Junhai reminded consumers that they should learn from this case, and in their daily consumption, they should "clearly read advertisements, seriously sign contracts, calmly leave evidence, and rationally defend their rights according to law." Be a scientific, civilized and safe consumer.

　　Producer: Claire Kuo

　　Reporter Yang Chang

　　Editor Liu Hongwei Wang Tiantian

　　CCTV News:According to the website of the Central Meteorological Observatory, today (September 25), due to the tropical depression in the South China Sea, rainy weather occurred in Hainan and other places. It is estimated that there will be a risk of rainstorm disaster in the eastern part of Hainan in the next three days, and it is recommended to do a good job in secondary disaster prevention; There is rain and snow cooling weather in northern Xinjiang, so we should pay attention to the impact on traffic, urban operation and agriculture and animal husbandry. In addition, the risk of continuous rain in autumn harvest in the eastern part of northwest China, southern Henan, Hubei and Guizhou is high, so it is suggested to seize the gap between precipitation and harvest mature crops.

　　First, the weather situation

　　Rainy weather in Hainan and other places: today, due to the tropical depression in the South China Sea, moderate to heavy rain occurred in parts of northern and eastern Hainan Island, and local heavy rains occurred in Qionghai and Wenchang; There are 6 ~ 8 gusts along the coast of Guangdong and Hainan Island. In addition, due to the influence of cold air, there are 6 ~ 8 grades and 9 local gusts in eastern Xinjiang, Inner Mongolia, western Heilongjiang and western Jilin.

　　Second, the key weather forecast

　　(1) There is heavy precipitation in Hainan Island.

　　Affected by the tropical depression in the South China Sea, there will be heavy rains (100-180 mm) in Hainan Island, Sansha City, Leizhou Peninsula in Guangdong and Guangxi coastal areas from 25th to 26th. The low pressure will move to the northwest at a speed of 20-25 kilometers per hour, with little change in intensity. It will land on the central coast of Vietnam on the night of the 25th (tropical low pressure, magnitude 6-7, 12-14m/s), and then gradually weaken.

　　(2) There are many cold air activities in Northeast Inner Mongolia and other places

　　From the night of 25th to 27th, due to the influence of cold air activities, the temperature in most parts of Inner Mongolia and Northeast China dropped by 4 ~ 6℃, and the local temperature in western Inner Mongolia dropped by more than 8℃, accompanied by 4 ~ 6 winds and gusts of 7~9, and there was sand blowing in the central and eastern Inner Mongolia. There are small to moderate rains and local heavy rains in northern Xinjiang, northeastern Inner Mongolia, Heilongjiang and other places, and there is sleet or snow in Altay Mountain area of Xinjiang.

　　From 26th to 29th, affected by a new round of cold air activities, the temperature in northern Xinjiang, Inner Mongolia and Northeast China dropped by 4~6℃, and the local temperature dropped by more than 8℃, accompanied by 4 ~ 6 winds.

　　(3) It is rainy in West China.

　　In the next three days, there will still be rainy weather in West China, with moderate to heavy rain and local heavy rain in parts of southern Gansu, northeastern Sichuan, Chongqing, southwestern Shaanxi and western Hubei.

　　Third, the specific forecast for the next three days

　　From 20: 00 on September 25 to 20: 00 on September 26, there were moderate to heavy rains in parts of southwestern Guangdong, southwestern Guangxi, Hainan Island, northern Xinjiang, southeastern Tibet, and southwestern Shaanxi. Among them, there were heavy rains or heavy rains (100-180 mm) in parts of eastern and southern Hainan Island. In addition, there is sleet or snow in Altay mountain area of Xinjiang. There are 4 ~ 6 winds in parts of central and western Inner Mongolia and Shandong Peninsula (see Figure 1).

Figure 1 National Precipitation Forecast Chart (from 20: 00 on September 25th to 20: 00 on September 26th)

　　From 20: 00 on September 26 to 20: 00 on September 27, there were moderate to heavy rains in parts of northern Heilongjiang, northeastern Inner Mongolia, eastern Xinjiang, central Gansu, southwestern Shaanxi, southwestern Shanxi, northeastern and southern Sichuan Basin, southern Yunnan, Hainan Island and southern Tibet. Among them, there were heavy rains (50-60 mm) in parts of southeastern Hainan Island. There are 4 ~ 6 winds in parts of northern and central Inner Mongolia, most of Northeast China and southeastern Hainan Island (see Figure 2).

Figure 2 National Precipitation Forecast Chart (from 20: 00 on September 26th to 20: 00 on September 27th)

　　From 20: 00 on September 27 to 20: 00 on September 28, there were moderate to heavy rains in parts of northern Heilongjiang, southwestern Gansu, southwestern Shaanxi, northeastern Sichuan, most of Chongqing, western Yunnan, coastal areas of Guangdong, Hainan Island and southern Tibet. Among them, there were heavy rains (50-60 mm) in parts of northwestern Chongqing. There are 4 ~ 6 winds in parts of central and northern Inner Mongolia, most of Northeast China and Shandong Peninsula (see Figure 3).

Figure 3 National Precipitation Forecast Chart (20: 00 on September 27th-20: 00 on September 28th)

　　"Hello, I’m sorry, my car broke down, can you cancel the order?" "Hello, my car encountered a traffic accident on the road just now, and I can’t come to pick you up. Can you cancel the order?"… Are you familiar with this? Have you ever heard of it? When you cancel an order, have you ever felt like crying but not crying? The appearance of online car-hailing has greatly improved the convenience of people taking a taxi. Drivers can no longer "pick customers" and "pick orders". We no longer have to beckon for half an hour in the rain on a rainy day, but we can’t get a taxi. But then there are some small new problems. For example, a car that is easy to get, but is told by the driver that it can’t come. At this time, can you only cancel the order helplessly? Not necessarily. After a few days of undercover investigation, the Yangzi Evening News reporter will "reveal the secret" behind the cancellation of the order for you, and "advise" for you – how should we deal with such a situation.　

　　Passenger complaints: Early rush to send children to school, orders are often cancelled

　　Mr. Liu, a citizen, reported to his child about the kindergarten near the unit: "I can basically pick up and drop off children every day, but during this time I happened to be on a business trip for a week, so I called my mother a car and asked her to pick it up." What made Mr. Liu depressed was that it was not easy to take a taxi during the morning rush hour, but it often took about ten minutes to get a car, but it was inexplicably cancelled.

　　"From Hexi to Qinhuai, the road is a bit congested, but it’s not as congested as Xinjiekou, so it won’t be cancelled so often, right?" Mr. Liu told reporters that sometimes the driver would tell him that the car was broken and there was nothing to come. "In such a situation, my heart is really broken, but I can’t help it, and people can’t come, so I can only cancel it." There are many passengers like Mr. Liu. Some waited for half an hour in the umbrella under the guard box at the entrance of the park with their children, and finally got a car, but it was cancelled; some were in a hurry to catch a meeting or a dinner, but because of a cancellation, they had to wait again. And when the order was cancelled, most people chose "forget it".

　　Reporter’s visit: The driver said his car was blocked, but it wasn’t

　　In the morning rush hour, the reporter took an online taxi in Hexi. The order showed that there were still 5 minutes before the reporter, but the reporter waited for 10 minutes at the boarding point. The location showed that the driver was still in place and did not drive over. The driver called to say that his car was in a certain community and was blocked by another car.

　　The reporter told the driver that he could cancel, but he would report the matter to the customer service. He also asked the driver to leave evidence for the customer service to check. After the reporter cancelled the order, he reported to the platform customer service and informed the platform that he just wanted to know if the car was blocked. After a period of time, the platform informed the reporter that the car was not blocked on the road, but did not want to take the reporter’s order. The platform has punished the driver.

　　Last weekend, the reporter took a taxi to Hexi at a shopping mall in Yuhuatai District, Nanjing. It stands to reason that there is no evening rush hour at 4 or 5 pm on Saturday, but after waiting for more than ten minutes, the driver said that his car had collided with another car, and he had to deal with the dispute and could not pick it up. After the reporter told the driver that he would report to the platform, the driver actually said that he could pick it up. However, the reporter later checked with the platform to see if the car had collided, but the result was that there was no situation as the driver said.

　　Unannounced visit

　　The driver said that there are at least five ways to cancel the order

　　During the unannounced visit, many drivers told reporters that there are many ways to cancel passenger orders. An online ride-hailing driver with more than a decade of experience told reporters that there are at least five ways to cancel passenger orders.

　　"The first option is for the driver to drive to the destination, wait for five minutes, and then cancel without responsibility." So the driver can drive nearby, the passenger can’t find the car, and the driver can’t "find" the passenger. After five minutes of delay, it is automatically cancelled.

　　"The second is that many platforms will have free cancellation opportunities for drivers to take orders. For example, cancel once a day without responsibility, drunk passengers can not pick up, passengers who do not wear masks during the epidemic can not pick up, etc." Then after receiving an unwanted order, the driver can click on the passenger "drunk" or other options to cancel without responsibility.

　　"This cancellation method requires uploading a photo. The passenger is clearly wearing a mask. How can you upload a photo to prove that he is not wearing it?" The reporter asked.

　　"It’s simple, just take a few pictures of passengers who don’t wear masks on the road. Or take a few drunk people at the entrance of the hotel for backup." The driver replied.

　　Then, the reporter learned that the third way is to arrive near the appointment location, the driver can turn on the mobile phone "flight mode", stop in front of the passenger, drive away directly, and turn on the mobile phone after driving for five minutes. If the passenger is late, it is not responsible for cancellation. If the platform asks, it can be said that the mobile phone has no signal or there is a problem with the platform; the fourth way is to make up some reasons why the passenger cannot refuse to tell the passenger "can’t come", such as "the car is broken", which is also the best way to use, because the passenger cancels, the driver is not responsible; the fifth way is to use some plug-ins, but this way is in case the platform finds out, there is a risk of banning the number.

　　2 Drivers have "difficulties" in "picking orders", and the platform said it will strengthen supervision

　　"Drivers usually pick up orders from 7:00-9:00 in the morning peak and 4:30-7:00 in the evening peak." Industry insiders told reporters that there are generally several situations for drivers to "pick up orders". "Generally, I take a taxi at the airport, and no one delivers it to Lishui and Lukou towns. Because Lishui is in the opposite direction from the urban area, once I go there, it is likely to be empty for 20 kilometers back to the airport. Drivers often wait for three or four hours at the airport. With the parking fee and waiting time, everyone wants to pick up an order to the urban area, Pukou or Xianlin."

　　"In addition, the driver’s pick order is also related to the rules of the platform. For example, the platform recently stipulates that you have to run 8 orders in the morning to get a reward, so everyone will want to take some short-distance orders and collect enough 8 orders to get a reward." However, industry insiders also admit that there are also many drivers who are particularly "pick" now, and do not accept orders that are blocked a little bit, and want passengers to cancel the order for various reasons. "In fact, you will only know after working in this industry for a long time. In the end, the ones who can make money are all practical sports cars. The platform will not always push you bad orders. If you receive a bad order this time, the platform will push you a good order next time. If you have high praise, the platform will increase the chance of pushing you a good order. The more you play with those little thoughts, the more money you will find in the end. "

　　The reporter learned that many platforms in Nanjing have also revised the rules in response to the problem of canceling orders, such as canceling the content that "drunk passengers" are not responsible for canceling. In addition, the platforms said in interviews that if the order needs to be cancelled, they can communicate with the platform customer service, and the platform will retrieve audio and video recordings for verification. If the driver induces the passenger to cancel the order, the platform will punish the driver and compensate the passenger. Platforms also said that they will strengthen supervision.