On August 6th, the State Administration for Market Regulation organized the revision of the "Measures for Handling Complaints and Reports of Market Supervision and Administration (Draft for Soliciting Opinions)" (hereinafter referred to as the "Measures") for soliciting public opinions on complaints and rights protection. These changes include the addition of provisions prohibiting the use of complaints and reports to seek improper benefits, the requirement for follow-up and effectiveness of new complaints, and the notification method of market supervision departments, as well as the deletion of specific reporting jurisdiction provisions on e-commerce. The revised "Measures for Handling Complaints and Reports of Market Supervision and Administration (Draft for Soliciting Opinions)" (hereinafter referred to as the "Measures") were publicly solicited for public opinions, which has attracted widespread attention. What changes will consumer complaints and rights protection face if the new regulations are implemented? What are the precautions? Professor Zhang Yanfang from the University of Chinese Academy of Social Sciences pointed out that the "Measures" closely focus on core issues such as "who can complain, what to complain about, and how to complain", and systematically construct a set of acceptance mechanisms based on rights requirements and supported by procedural norms, forming a relatively complete institutional chain. With the rapid development of the digital economy and profound changes in consumption patterns, China's consumer rights protection activities have shown a complex and diversified trend. Data shows that in the first half of 2025, the National Consumers' Association received a total of 995971 consumer complaints, a year-on-year increase of 27.23%, and received 330000 visits and consultations from consumers. Faced with such a large number of complaints, the traditional complaint reporting system is gradually showing insufficient adaptability. The reporter learned from the State Administration for Market Regulation that since the implementation of the "Interim Measures for Handling Complaints and Reports in Market Supervision and Administration" for 5 years, some new situations and problems have gradually emerged in practice. For example, in the field of e-commerce, the total number of complaints is large, the growth rate is fast, and there are many jurisdictional disputes; The number of consumer disputes imported through channels such as letters and visits continues to grow, and the applicable procedures vary; It is necessary to improve supporting systems and further enhance the quality and efficiency of handling complaints and reports through digital reform and diversified solutions in various regions. As an important regulation in response to the practical needs of consumer rights protection in the new era, the overall institutional design of the "Measures" reflects the path of rule of law and standardization transformation under the guidance of procedural governance. The reporter found that the "Measures" have a total of 43 articles. This revision added 8 new articles, deleted 4 articles, and modified 13 articles, aiming to adapt to the new situation and requirements of market supervision, improve the quality and efficiency of complaint and report handling, and help optimize the consumption and business environment. For example, in order to improve the sense of consumer rights protection among the masses and the operability of handling complaints and reports at the grassroots level, the "Measures" have added requirements for follow-up and effectiveness, stipulating that market supervision departments should improve the efficiency of complaint handling, conduct sample follow-up on complaints, and evaluate the handling situation; The new notification method stipulates that the market supervision department can independently choose the Internet, telephone, SMS, e-mail and other channels for notification according to the actual work; Strengthen source control and stipulate that market supervision departments shall disclose consumer complaint information and handling results in accordance with the law. The Implementation Regulations of the Consumer Rights and Interests Protection Law of the People's Republic of China, which will come into effect on July 1, 2024, have made a series of new provisions on complaints and reports. Some of them are modifications and improvements to the original provisions of the Measures, while others fill legislative gaps. In order to implement and refine the above regulations, the Measures have made corresponding adjustments, such as improving the complaint handling process, clarifying that when the market supervision department refuses to accept a complaint, it should inform the complainant of the reasons for the refusal and other ways to resolve the dispute. In the field of e-commerce, the "Measures" specifically optimize the complaint jurisdiction of platform operators. While maintaining the premise that consumers can choose to file complaints through "online stores or platforms", a new provision has been added that if the platform does not disclose its real business address and effective contact information, the market supervision department of the actual business location of the platform operator can transfer the complaint to the market supervision department of the platform operator's domicile for handling, and the latter shall not refuse without justifiable reasons. Zhang Yanfang emphasized that unlike the complaint system that focuses on individual rights protection and the reporting system that focuses on safeguarding public interests, the requirements and procedures for handling the two are different, and the "Measures" separate them. In terms of subject scope, reporting is not limited to consumers, any unit or individual can raise it, and the content of the report is not limited to matters directly related to their own rights, but focuses on the discovery of illegal clues. The reporting procedure also reflects the importance placed on the diversity of information sources and the rights of whistleblowers. The Measures encourage real name reporting and are compatible with anonymous reporting, and propose corresponding protection and incentive measures to enhance the confidence of whistleblowers. The reported clues can be transferred to administrative filing after verification, achieving a closed-loop linkage from social discovery to law enforcement disposal. Between complaints and reports, there is also room for program conversion, reflecting the flexibility of institutional design and the inclusiveness of public participation. The report of the 20th National Congress of the Communist Party of China not only emphasizes the need for smooth and standardized channels for people's demands. The 'Measures' have established a relatively systematic procedural guarantee mechanism in the complaint handling process, reflecting the shift from' passive acceptance 'to' active governance '. Zhang Yanfang stated that the overall mechanism design not only guarantees consumers' basic rights, but also guides them to understand procedural rules and express their rights protection demands rationally. In recent years, some people have abused the complaint and reporting system to harass business entities, damage the business environment and market order, and squeeze out channels for ordinary consumers to protect their rights, despite the fact that the same complainant has filed a large number of complaints against the same operator in a short period of time, knowingly purchasing goods or receiving services, being employed by others, or falsely reporting in the name of others. To this end, the "Measures" clarify that the purchase of goods and services for daily consumption needs is a prerequisite for accepting complaints, and new provisions have been added to determine the situation of daily consumption needs, in order to return to the origin of consumer complaints and administrative mediation systems, and better protect consumer rights protection resources. The essence of it is not to restrict multiple complaints, joint complaints, or small-scale rights protection, but to emphasize that the complaint behavior should be based on daily life needs and reflect a genuine and well intentioned motivation for rights protection, "said Zhang Yanfang. For example, for the materials that consumers should provide when making complaints, the complainant's name should be changed to their real identity information, and the specific facts should be changed to specific factual basis. In terms of regulating the behavior of complaints and reports, new overall requirements have been added, and new illegal responsibilities have been added. For those who defraud operators of compensation or extort operators through complaints and reports, they shall be transferred to the public security organs for handling in accordance with the Public Security Administration Punishment Law and other regulations. However, the relevant provisions will not raise the threshold for consumer rights protection, and cannot be simply understood as' if you buy too much, you cannot file a complaint ', nor is it a one size fits all exclusion of the complaint rights of specific groups, but a return to the origin of the system. Civil and commercial disputes that are not necessary for daily consumption can be resolved through arbitration or litigation. The refinement of this in the 'Measures' is not a compression of rights protection, but a clarification and regulation of the boundaries of rights, "said Zhang Yanfang. The effective implementation of the Measures relies on the overall support of institutional support, technological platforms, and organizational collaboration. For example, promoting the expansion of functions, data sharing, and intelligent assisted judgment of the national 12315 platform is an important breakthrough in the digital governance capability of the system. The Measures also add provisions to clarify that complaints and reports in the field of market supervision that are transmitted through channels such as the 12345 hotline and letters and visits will be handled through a set of procedures and standards. The Measures mark a new stage in the systematization, proceduralization, and governance of China's market supervision complaint and reporting system. ”Zhang Yanfang suggested that in the operation of the system, more attention should be paid to procedural friendliness and transparency of interpretation. This can be achieved by publishing typical cases to guide grassroots market regulatory departments to unify their standards, and by strengthening business guidance and supervision through follow-up visits and effectiveness inquiries. In the future, with the improvement of digital regulatory capabilities and the enhancement of consumer rights awareness, the complaint and reporting system will carry more governance functions and social expectations. ”Zhang Yanfang believes that only by continuously enhancing the openness, responsiveness, and adaptability of the system within the framework of the rule of law, and promoting the three-dimensional integration between rules, procedures, and the public, can we truly build a modern governance system that can protect consumer rights and maintain market order. (New Society)