Peoples Daily News published a draft of Pudong Consumer Protection Commission: Shanghai Disney does not accept mediation and insists on retrieving packages on the 22nd evening, which triggered a heated discussion among netizens and put it on the hot search lists such as Weibo and Baidu. Shanghai Disneyland Resort (hereinafter referred to as Shanghai Disneyland) released Notes on TouristsNotes to Shanghai Disneyland (hereinafter referred to as Notes) on the 23rd, calling security inspection in accordance with the requirements of relevant laws and regulations and cooperate with all departments, but not mentioning the widely questioned turning bag by netizens. Packing and security are two different things. The above statement was accused by netizens of being insincere. Experts and lawyers from the Consumer Association of China told Renmin. com that the concept and purpose of security inspection are different from that of turning over bags. The former is a legal inspection for safety reasons, while the latter is suspected of violating customersprivacy by forbidding food.
Seven Security Inspections at Shanghai Disney
Question 1: How can security be equated with turning over a bag? Airport security checks are rarely turned over!
For our tourists, security is not a fun thing, in fact, the same is true for us. Shanghai Disney released the Notes on the 23rd, seven times referring to security checks, without mentioning the dump package which has been criticized by netizens.
Many netizens think that security inspection and turning over bags are two different things! Shanghai Disney argues that its actions are legitimate and compliant, commented Yuan Dong, a Weibo netizen. But look carefully, Disney is talking about the legal compliance of security inspection. What I want to say is that security checks and turning over bags are actually two different things. There are many means of security inspection, and turning over a bag is the least efficient way. Im afraid the essential purpose of turning over bags is to prevent bring your own drinks. Netizens before noon said, Mingming security inspection machine can complete all the things, it is necessary to labor and effort plus invasion of privacy. I support your security inspection, but I dont support your infringement on my rights and interests. I hope that consumers will come out and sue them for the overlord clause. Another netizen said, This should be a food search on the grounds of safety inspection, right? Airport security checks are rarely turned over! Emotionally, you Disney security is more stringent than the airport, you have to turn over the package?
Qiu Baochang, a member of the expert committee of the Chinese Consumer Association, told Renmin. com on April 24: It is in line with the relevant regulations to conduct security checks on large amusement places. However, there are two concepts: security inspection and turning over bags. Searching for items carried by consumers is totally different from the normal equipment security inspection, with different purposes and detection methods. Security inspection is machine inspection, equipped with hand-held instruments or equipment, and turning over bags violates human dignity.
Shanghai Disney said that the security inspection department should meet the requirements of relevant laws and regulations and all departments should cooperate fully.
Question 2: Which law, which regulation and which department will support enterprises to infringe consumersprivacy?
According to relevant laws and regulations, we need to conduct security checks on tourists and their luggage before all tourists enter Shanghai Disneyland, according to the Shanghai Disneyland Note. We have worked closely with various departments to develop the security inspection process for visitors entering the park, and continue to review and optimize it to ensure its legitimate compliance.
Which law or regulation? With which department? Shanghai Disney didnt mention it in the Notes.
Article 27 of the Consumer Rights and Interests Protection Law stipulates: Operators shall not insult or slander consumers, search consumersbodies and articles they carry, or infringe upon consumers personal freedom.
Lawyer Liu Changsong, a Master of Law tutor at the Graduate School of the Chinese Academy of Social Sciences and director of Beijing Mugong Law Firm, said that Shanghai Disney had changed the concepts of turning over bags and security. Security inspection is the inspection of bags and persons by means of machines and equipment. It does not involve the violation of personal dignity, privacy and personal information. And turning over a bag is a typical search behavior. Article 37 of the Constitution stipulates that citizenspersonal freedom is inviolable and illegal search of citizens bodies is prohibited. The articles carried by citizens can be regarded as the extension of citizensbodies in law, and can not be searched at will. In addition, the Tort Liability Act has included the right to privacy in the scope of protection. Undoubtedly, the small bag carried with it will hide the privacy of the owner who does not want to show others. Of course, other people are suspected of violating the right to privacy by looking at it freely.
Shanghai Disney said that the statement ofnot accepting mediationis not true.
Question 3: Why not take action if you are willing to accept mediation?
Liu Changsong pointed out that mediation is not only litigation mediation, but also extralitigation mediation, including mediation presided over by the peoples mediation, mediation presided over by the Committee for the Elimination of Insurance, and so on. These mediations also have procedural legal basis. If the mediation is successful, the consumer can withdraw the lawsuit even if the case has entered the litigation procedure.
Peoples Network reporters previously complained about turning over the package of Shanghai Disney as consumers, and the Consumer Protection Committee of Shanghai Pudong New Area responded that Shanghai Disney did not accept mediation.
The above-mentioned non-acceptance of mediation litigation involving Shanghai Disney (including possible litigation mediation), which was previously sued by Xiao Wang, a student at East China University of Political Science and Law in Shanghai, is not the same thing. Does Shanghai Disney confuse the two in the Notes?
Are business practices illegal or not? Is it suspected of infringement, and is the civil part willing to accept public opinions and mediation by consumer organizations? Qiu Baochang expressed the hope that Shanghai Disney would give a clear positive answer.
Shanghai Disney said it would prevent items that had an impact on the environment from being brought into the park.
Question 4: Does the food sold in the park not affect the environment? Button the Chinese an uncivilized hat?
In the note, Shanghai Disneyland said that it is hoped that visitors to Shanghai Disneyland will understand and abide by the Guidelines for Visitors to Shanghai Disneyland, including security checks, so as to prevent items that may affect the safety of visitors and the environment of the park from being brought into the park.
The Forbidden City can bring its own food and water, and there is no garbage everywhere. Dont always wear an uncivilized hat to the Chinese people, Zi Xue, a Weibo netizen, said.
A recent visit to Shanghai Disney found that many tourists were eating in the park restaurant. The price of a bread ranged from 25 yuan to 35 yuan, a butterfly crisp from 30 yuan, a sandwich set from 80 yuan to 85 yuan, and a Musk cake from 58 yuan to 108 yuan.
Some netizens pointed out, Disney adheres to this practice, I am afraid it is not so-called health concerns. Because health concerns are not worth disputing at all, Disney sells its own diet, which also generates garbage; The best explanation for not doing so is that it makes more money by selling high-priced diets in the park.
Food and beverage in the park is more expensive. Consumers should have the right to choose whether to consume in the park or not. Chen Jian, director of the legal and theoretical research department of the Chinese Consumer Association, told Renmin. com earlier that Shanghai Disneyland, as the only Disneyland in mainland China, has used its special status in China to restrict consumers. Explicit provisions do not mean reasonable, if the contents of the express affect the public interest, it is obviously unlawful. Consumers should not be required to transfer their corresponding rights because of the operatorsprivate interests.
Qiu Baochang believes that Disney can set up more garbage cans to guide tourists and so on. The conditions should not be imposed on tourists because tourists have increased the burden of cleanliness in the park.
Shanghai Disney said it would continue to optimize the security inspection process and listen carefully to feedback from all parties.
Question 5: How to optimize? Avoid talking about online friendsconcerns?
Shanghai Disney said in the note: Thank the media and the public again for their attention, support, comments and suggestions on the Shanghai Disney Resort. We will continue to listen carefully to feedback from all parties and constantly optimize our operation. It also refers to the continuous review and optimization of the security inspection process.
How to optimize it? What suggestions have you heard from the media and the public? Nothing was mentioned in the Notes.
Over the past few weeks, reports about Shanghai Disneys ban on food dump checks have repeatedly appeared on hot search lists on social and news platforms, and netizens have left messages and suggestions. Netizens Mo-hicans think that Shanghai Disneys Notes answer no questions, deliberately avoiding the importance of light. Infringement on touristsprivacy is on the one hand, but on the other hand, people are concerned about the problem of not bringing their own food. An apology without sincerity!
The media published comments one after another, questioning the relevant behavior of Shanghai Disney. Peoples Daily client publishes the title Disney insists on the inspection of turning over packages, who can cure it? u300b The commentary pointed out that the combination boxing of public opinion is like hitting on cotton, and Shanghai Disney makes areverencewith arrogant gesture.
Shanghai Disney, dont use the excuse ofsecurity inspectionto cover up the ugliness as the title of the quick commentary, Shanghai Disney prohibits tourists from bringing their own food, which has been suspected of excluding the right of consumers to choose freely, similar to theoverlord clause. It also needs to use the excuse of security inspection to cover up the inspection. Ugly, this kind of food is more difficult to accept than just sayingfor the sake of selling food in the garden.
Economic Daily, Shanghai Disney refuses to mediate. Who gives you the confidence? u300b The article quotes lawyer Hu Gang as saying that Shanghai Disney operators, known as multinational enterprises, do not adhere to the first-class corporate social responsibility and do not reflect the consumer first business philosophy.
According to the article Left Turn Law published by Weixin, which part of the Disney Statement is relevant laws and regulations? Obviously, Disney is holding up the banner of security inspection and continuing to argue for its inspection. Gee, the legal level of a large enterprise is as good as that.
On the afternoon of the 22nd, in response to the queries of the vast number of netizens, the reporter of Peoples Network contacted the Shanghai Municipal Market Supervision and Administration Bureau, and is currently awaiting further replies.
Disney said that the law of security inspection division: security inspection can search for infringement
On the evening of August 23, the team of Shanghai Disneyland Resort responded to security checks and food policies. According to the article, the park authorities have established a process of entry security to ensure its legitimate compliance, and said that the pending lawsuit on food policy in the park will not respond. Some lawyers said that this search belongs to the category of body search and may infringe on consumersprivacy. Earlier, the student team of East China University of Political Science and Law, which sued Disney, told Emergency Call that Disney would accept mediation or reconciliation if it amended the ban on food brought into the park.
Behind Disneys tough response, the government has repeatedly turned on the green light, backed by four major state-owned shareholders.
Earlier on August 21, the Department of Public Affairs at Disney Headquarters responded to Renmin. com by saying that it could not respond to Disneys questions. Up to now, peoples network, China Consumption Association, lawyers and other voices continue, but Disney officials did not give an effective response.
Behind the rigid response of no adjustment, no change of regulations, 30% of the operating rights of Shanghai Disney are held by Shanghai Shendi Group, which is funded by four major state-owned shareholders.
In addition, the government has repeatedly turned on the green light for it. In order to clean up construction land, residents and cemeteries nearby have been relocated and hundreds of chemical plants have been closed. In 2017, Shanghai also opened Disneys special subway line.