特斯拉迟来的道歉 副总裁陶琳的傲气何在


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20日深夜,特斯拉通过微博向客户、网友和媒体道歉:“我们就未能及时解决车主的问题深表歉意”,并表示,尊重并坚定服从政府各相关部门的决定,尊重消费者,遵守法律法规,坚决坚定地积极配合政府各相关部门的所有调查,同时开展严格自查自纠,对自身不合理的、不符合服务准则的问题和服务流程进行梳理并整改,努力做到立查立改、即查即改,做到尊重消费者,尊重市场。

Late on the night of the 20th, Tesla apologized to customers, netizens and the media through its microblog: "we are very sorry for the failure to solve the problem of car owners in time", and said that it respects and firmly obeys the decisions of relevant government departments, respects consumers, abides by laws and regulations, resolutely and firmly actively cooperates with all investigations of relevant government departments, and carries out strict self-examination and self correction We should sort out and rectify the unreasonable problems and service processes that do not conform to the service standards, strive to carry out the inspection and reform immediately, and respect the consumers and the market.


相比于之前的几次表态,特斯拉终于有了一些诚恳谦和的样子。中国市场欢迎企业前来投资发展,但对所有企业都一视同仁:必须遵守中国法律法规、市场规则、尊重消费者权益。

Compared with the previous several statements, Tesla finally has some sincere and modest appearance. The Chinese market welcomes enterprises to invest and develop, but all enterprises are treated equally: they must abide by Chinese laws and regulations, market rules, and respect the rights and interests of consumers.


这两天,上海车展上特斯拉女车主“车顶维权”事件引发广泛关注。消费者该如何维护自身权益、企业该如何对待消费者的诉求,成为大家议论的热点。

In the past two days, the "roof protection" incident of Tesla female car owners at the Shanghai auto show has aroused widespread concern. How to protect the rights and interests of consumers, how to deal with the demands of consumers, has become a hot topic.


19日上午11点左右,一名女子身穿印着“刹车失灵”四个红色大字的白T恤,爬上特斯拉展车车顶高呼“特斯拉刹车失灵”,后来该女子被现场安保人员带走。20日上午,上海警方发布通报,女子张某因消费纠纷,到车展现场表达不满,造成车辆一定程度受损,张某因扰乱公共秩序被处以行政拘留五日,另一名女子李某因扰乱公共秩序被处以行政警告。随后,维权当事人之一发表微博回应:采用了错误的方式维权,但我们也绝不妥协。

At about 11 a.m. on the 19th, a woman wearing a white T-shirt with four big red characters "brake failure" climbed onto the roof of the Tesla exhibition car, shouting "Tesla brake failure". Later, the woman was taken away by security personnel at the scene. Zhang was detained for five days for disrupting public order, while another woman, Li, was given an administrative warning for disrupting public order. Subsequently, one of the parties to the rights issue microblog response: the wrong way to protect rights, but we will never compromise.


与维权消费者“绝不妥协”相对的是特斯拉方面稍早前表明的态度:如果是特斯拉产品的问题,一定坚决负责到底,该赔的赔、该罚的罚,对不合理诉求不妥协,同样是我们的态度。

In contrast to the "never compromise" attitude of rights consumers, Tesla said earlier: if it's a problem with Tesla products, we must be firmly responsible to the end. It's also our attitude that we should not compromise on the compensation and punishment for unreasonable demands.


两方都“不妥协”,针尖对麦芒,问题似乎难解。网络上不乏理性声音,有的说“维权要依法,不能谁能闹、闹得大就谁有理、听谁的”,“大闹大解决,不闹不解决”不是维权的正确打开方式。维权车主已经认识到了所用方式的错误,并为此受到了公安机关处罚。更多声音则是对特斯拉方面应对消费者维权诉求方式的质疑甚至批评,有网友吐槽:“特斯拉屡次将事故原因认定为车主操作不当,可后台数据在特斯拉手里,它既当运动员又当裁判员,反正由它说了算。”“消费者和特斯拉比起来,处于绝对弱势,这也是特斯拉一贯傲慢的原因”等等。

Both sides are "uncompromising", and the problem seems difficult to solve. There is no lack of rational voice on the Internet. Some people say that "safeguarding rights should be in accordance with the law, and no one can make a fuss, no one can make a fuss, no one can be reasonable and listen to who makes a fuss". It is not the right way to open rights. Rights owners have realized the mistake of the way they used, and have been punished by the public security organs. More voices make complaints about the way consumers are appealing to consumers in the Tesla side, even criticizing netizens. "Ttesa repeatedly identified the cause of the accident as improper operation of the owner, and the background data in Tesla, which is both an athlete and a referee, and it has the final say." "Compared with Tesla, consumers are in an absolute disadvantage, which is also the reason why Tesla has always been arrogant" and so on.


两方都“不妥协”,并不意味着双方都绝对占理。本起维权事件涉及的“刹车失灵”问题究竟是怎么回事,有待权威专业机构检测认定。但解决问题、化解纠纷,必须在法律框架下、通过法治方式解决,这既是前提,也是方法手段。

The fact that both sides are "uncompromising" does not mean that both sides are absolutely reasonable. What happened to the problem of "brake failure" in this case remains to be detected and identified by authoritative professional institutions. However, to solve problems and resolve disputes, we must solve them under the legal framework and through the rule of law, which is not only the premise, but also the means.


法治要求理性,用老百姓的话说就是“得讲道理”,无论是个人还是企业,都应当认同基本的规范、道理,个人不能采取极端方式,企业也不能“一直拖着不解决或自己当裁判员”傲慢不讲理。法治强调公平,无论是对驾驶行为、“超速违章”的认定,还是后台数据的提取鉴定,都不能全凭消费者或者企业的“一面之词”,而是双方都把自己的证据提交出来,请独立机构通过专业方式检测认定,如果一方不服,还可以提起诉讼解决。法治注重权利义务对等,无论是势单力薄的消费者还是财大气粗的企业,在民事关系中都受到法律同等保护,双方既享有权利,也得履行义务。尤其是客观上强势的企业一方,更应以谦和的态度、务实的举措解决消费者的合理维权诉求,须知维护消费者权益就是维护自身品牌美誉度、维护市场占有率。(中央纪委国家监委网站 尹健)

The rule of law requires rationality. In the common people's words, it means "to be reasonable". Both individuals and enterprises should agree with the basic norms and principles. Individuals should not take extreme measures, and enterprises should not be arrogant and unreasonable "always procrastinating or acting as referees". The rule of law emphasizes fairness. Whether it's the identification of driving behavior, speeding violation, or the extraction and identification of background data, it can't all rely on the "one-sided words" of consumers or enterprises. Instead, both parties submit their own evidence, and ask independent institutions to conduct professional detection and identification. If one party doesn't agree, it can also file a lawsuit. The rule of law pays attention to the equality of rights and obligations. Both the weak consumers and the wealthy enterprises are equally protected by the law in civil relations. Both sides have rights and obligations. In particular, objectively strong enterprises should take modest attitude and pragmatic measures to solve consumers' reasonable rights demands. It should be noted that safeguarding consumers' rights and interests is to safeguard their own brand reputation and market share. (Yin Jian, website of Central Commission for Discipline Inspection and State Supervision Commission)


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