"Regulations" on the revocation of Heilongjiang province city heating management

With the "constitution" and the law in terms of the proposed

The Standing Committee of the National People's congress:

I am the association of consumers a grass-roots staff, the annual reception of a large number of complaints of local heat supply enterprise consumer disputes, in the process of consumer disputes I found "Relevant Clauses Ordinance" Heilongjiang city heating management not only with the constitutional conflict, and the conflict with the "consumer protection law" and "Quan Yibao". Therefore, the heating enterprises have a large number of violations, such as unauthorized third to claim the creditor's right; limitation or refuse to stop for a stop consumers; heat protocol has to pay compensation for heat loss, unauthorized closed bolt stop heat etc.. Because of local regulations and "consumer and consumer protection law", "civil law" and the "constitution" conflict, forming a serious confusion and non, the legitimate rights and interests of consumers is a serious violation of the rights of these terms is not against the will of the state, the rule of law and the establishment of a unified legal system in accordance with the law. Therefore, the Standing Committee of the National People's Congress proposed cancellation "Heilongjiang province city heating Management Ordinance" clearly with the Constitution and law is inconsistent with the terms, to provide consumers with justice!

One, "Heilongjiang province city heating Management Ordinance" and the conflict of laws of content

1The user requirements, stop heating, should start in the heating period30Recently with the heating unit signed a stop hot protocol. But may endanger other users with hot or not safe operation of indoor public facilities to stop the use of heat (23Article).

2, stop using heat users, should heat loss compensation fee to pay a certain amount of heating units in accordance with the provisions of the people's Government of the city, county (23Article two).

3, heating facilities, renovation, repair, maintenance and update the property is responsible for. Residents of indoor heating facilities, property, classified housing owners (41A).

4, user name, shall go through alteration formalities (heating units heating contract24A).

Two, confirm the "Regulations" and "constitution" and "consumer protection law" inconsistent basis

1"The constitution," article13Article: "the lawful private property of citizens are not violated".

2, "civil law" article71Regulation: "property ownership means the owner is entitled to possess, use, profit from and dispose of his property rights according to law".

3, "civil law" article75Regulation: "personal property of citizens, including citizens' lawful income, housing, savings, daily necessities, cultural relics, books, forest trees, livestock and the law allows citizens of all means of production and other lawful property. The legitimate property of citizens are protected by law, prohibit or individual encroach, plunder, destroy or illegally seal up, distrain, freeze, confiscate any organization".

4, "consumer protection law" article9A: "consumers have to choose the right products or services. Consumers are entitled to choose their own operators to provide goods or services, to choose the commodities or services, decide to buy or not to buy any kind of merchandise, to accept or not to accept any service".

5, "consumer protection law" article10Article: "consumers enjoy even bargain rights. Consumers in the purchase of goods or receiving services, have the right to quality assurance, reasonable price, the right dosage, even bargain compulsory transaction conditions, the operators have the right to refuse".

6, "consumer protection law" article23A: "operators not to format contract, notice, statement, shop notices, make provisions for consumer unfair, unreasonable, or civil liability relief, relieve the damage the legitimate rights and interests of consumers should bear the".

Three, the proposed revocation "Regulations" and the conflict of laws provisions of the reason

(a), legal basis

1"The constitution," the provisions of article fifth:"The people's Republic of China to implement the rule of law, building a socialist country ruled by law. The national safeguard the uniformity and dignity of the socialist legal system. All the laws, administrative regulations and local regulations may contravene the constitution. All state organs, armed forces, political parties, social organizations, enterprises and institutions must abide by the Constitution and the law. All activities that violate the Constitution and laws, must be investigated. No organization or individual may be beyond the constitutional and legal privileges".

2"The constitution," the provisions of article ninety-ninth:"Local people's congresses at various levels in the administrative area, ensure the observance and implementation of the constitution, laws, administrative rules and regulations; the authority in accordance with the law, through and issue resolution, examination and decision of the local economic construction, cultural construction and public facilities construction plan".

3, "legislative law" article5Regulation: "legislation should reflect the will of the people, promote socialist democracy, safeguard the people participate in legislative activities through various channels".

4, "legislative law" article78Article: "the constitution has the highest legal effect, and all the laws, administrative regulations, local regulations, autonomous regulations and separate regulations, regulations may contravene the constitution".

5, "legislative law" sixty-third stipulates: "the province, autonomous region, or municipality directly under the central government of the people's Congress and its Standing Committee of the administrative areas under specific conditions and actual needs of the premise, the constitution, laws, administrative regulations conflict, can make local regulations".

(two) interpretation of the "Regulations" provisions

1The user requirements, stop heating, should start in the heating period30Recently with the heating unit signed a stop hot protocol. But may endanger other users with hot or not safe operation of indoor public facilities to stop the use of heat (23Article)

Interpretation: This is the limit stop reporting clause. One is by consumers to stop only at the beginning of heating30Recently, namely every year9Month15The day before (10Month15Day began heating),9Month15After accepting the report is not to stop, stop the deadline has passed, stop will no longer accept; two is provided with heat may harm other users cannot stop; three is the regulations affecting safe operation of indoor public facilities shall not stop using heat.

Not to stop the use of heat, means that even if you don't live, do not need to use the hot conditions, must also pay heat costs.

Hot commodities, consumers have the right to choose to use or not. Should not set stop reporting deadline. To set the cut-off time, means that the deadline shall not stop outside, violations of consumer choice and even bargain rights trading rights. Set "may endanger other users with heat and affect the safety of indoor public facilities in operation" shall not stop with hot, these two restrictions is plausible, taking into account the adjacent relation and public interests, it is not necessary to. The province has a household renovation, stop what will affect the heat with other users? This setting to the heating enterprises limit consumers to stop leave more space, such as a stop to all adjacent users can sign to stop; the top and top floor shall not stop; cold mountain, the mountain shall not stop; adjacent on the lower three households may not stop; the new first year completion shall not stop; have temporarily heat costs can't stop. Don't stop, must pay heat costs, the violation of user property.

2, stop using heat users, should heat loss compensation fee to pay a certain amount of heating units in accordance with the provisions of the people's Government of the city, county (23Article two).

Interpretation: the provisions of consumers to stop, to pay compensation for heat loss. Prior to this Ordinance, heating sector to apply for kiosk users for stop charges, was by the user object, the Consumer Association resolutely resist, the media denounced, forced stop receiving the stop fee. The "Regulations" for the stop charges up a nice name -- heat loss compensation, is generally hot fee25%About. Even if no heat, still have to pay hundreds of yuan of hot fee. It's not fair, the law should be fair and justice, should not only for heating enterprises set right, without the corresponding obligations. More should not take the form of local regulations, will originally is illegal fees, the magic into the legal fees. This charge violate the property rights of citizens.

3, heating facilities, renovation, repair, maintenance and update the property is responsible for. Residents of indoor heating facilities, property, classified housing owners (41A).

Interpretation: the provisions of the heating facilities, residential users indoor heating facilities transformation, update, maintenance, maintenance of the responsibility of the user. Indoor heating facilities are part of the housing property, the user decide to update, transformation, maintenance, maintenance costs will be responsible for their own. However, proposed by heating enterprises or local government transformation, update, maintenance, maintenance and so on, those who ask, who will bear the costs. This is deliberately avoid heating enterprises should obligations provisions, Mudanjiang city household reconstruction is heating enterprise behavior, but hard requirements government issued a document, unreasonable forced the user's personal expense, violated all the interests of the people, causing a large number of social conflicts.

4, user name, shall go through alteration formalities (heating units heating contract24A).

Interpretation: the user changes to the heating enterprises to contract change procedures. The surface of this one is no problem, but, in actual operation, the annual heating heating enterprises have not signed a contract with the user, coupled with the heating enterprise management, the heating quality of service is not good, the history of the heating dispute formed a debt dispute. Some houses have been sold with the heating sector on the basis of this, a new owner to claim a few years ago or even a few decades ago claims. Heating enterprises to do so is not legitimate, but, heating enterprises monopoly, every year on the grounds of the user does not have to change the transfer, first is not collecting heat fee, then don't give kaishuan heating, even not to stop such coercion, forcing users to accept the unreasonable conditions. In fact, the alteration of the contract refers to the validity period of the contract, after the main contract change, a heating contract new users and heating enterprises renewal. If the heating enterprises signed each year heating contract with the user, the user does not exist for the contract change, the key is all heating enterprises, have different user heat supply contract signed.

Four, some issues that

(a) to stop the problem

1Stop, the rights of consumers, should not the contract change constraints the setting time on the set every year9Month15DayBefore accepting the report stopped,9Month15DayLater you can become not to accept the stop reporting basis. The violation of consumer choice and even bargain rights.

2Stop, and contract change process, should have the heating of both parties of the contract, within the validity period of the contract, consumers and for some reason, proposed to stop the execution of the contract change request, within the term of the contract, the operator may contract Shouquweiyaojin, in the absence of a contract shall not charge any fees.

3No, stop means must pay heat costs, lead to implement forced transaction fact heating enterprises. No matter Is it right? With heat, heating enterprises not to accept the consumers to stop the application, consumers will pay heat costs, this one with the "Regulations" article16And32A contradiction.

(two), the heat loss compensation

1After the signing, stop and hot protocol, the user must pay compensation for heat loss to the heating enterprises. Heat loss compensation is based on the general heat fee20-25%Pay is not hot, also must be handed in this part of the heat charge. The so-called loss compensation is the last stop charges, Consumers Association has resisted heating enterprises to charge users to stop charges, the media comments stop unreasonable charge fee.2005Heilongjiang province to modify the heating regulations, as has stopped charging fees to stop a new name -- heat loss compensation, write the new regulations, make an illegal charges into the legal fees. People know that the fees are unreasonable, however, who can bend too method!

Heat since it is a commodity, it must comply with trading rules, consumer hot money, not hot also how to set compensation for heat loss?

(three), local regulations, violations of the law

What is the law? Law should reflect the public will, law is the bottom line of morality, law is the embodiment of justice, law of the weak. Heating the revision of the regulations, local laws and regulations should be made more perfect, cannot make the revised terms and other conflicts of laws, but not the content of the enterprise is become a legitimate illegal wrote regulations. Heating regulations are not modified, support the weak, the two is the support of strong; not justice, make the good market economic chaos; stop pay heat loss compensation, sin is not fair; limit the rights of consumers, and even ultra vires for consumers decide property, lead to excessive infringement. The conditions above, is a violation of the people's will, against the legitimate rights and interests of consumers in terms of illegal behavior, break the moral bottom line, its maintenance is heating enterprise's interests.