Revelations from the U.S. Government’s Heavy Fining of Toyota

Published in Xinhua Net
(China) on 7 April 2010
by Yu Fenghui (余丰慧) (link to originallink to original)
Translated from by Jake Curtis. Edited by Jessica Boesl.
On April 5, the U.S. Department of Transportation announced that it intends to fine Toyota Motor Company up to $16.4 million for its massive recall. This would be the largest fine to date that the U.S. government has issued to an automotive company (April 6, Xinhua Net).

Toyota Motors’ “Recall-gate” caused a major uproar. As the first country to “crusade” against Toyota, so far, the U.S. is unwilling to take off the gloves. Along with the U.S. government seeking justice for Toyota car owners and fighting for compensation, they “invited” the head of Toyota, Akio Toyoda, to come to the United States to attend the Toyota hearings. U.S. congressmen and government officials at the hearing were glaring angrily, making the head of Toyota, a grown man, openly weep. In the “recall-gate,” it became obvious that the power of the protection of consumer interests of both buyers of Toyota cars and American car owners is greater than in other countries.

This "astronomical" $16.4 million penalty and high fines are well-founded. 1. There was evidence that Toyota Motors had failed to carry out its legal obligations. 2. There was a deliberate cover-up for several months, without any steps to protect tens of thousands of drivers and their families. 3. There are grounds for “death penalty” charges. 4. Even after the fine, they will continue to investigate, paying close attention to whether Toyota has made other legal violations.

After the Toyota issue broke out, the U.S. government played a major role in the auto recall. Public opinion shows that the U.S. is deliberately making a show of power by pressuring Toyota and seeking to promote its domestic automakers following the financial crisis. However, the U.S. is using its national power to fight the mighty Toyota and protect its own consumers. Globally, Toyota recalled an estimated 8.5 million cars, of which 6 million, or 70 percent of the total amount recalled, were in the United States. Aside from Toyota’s high sales in the U.S., the U.S. government’s harsh attack has little to do with the recall.

This shows us that, under the circumstances of growing globalization, an increasingly interconnected economic world and boundaryless circulation of commodities, countries are increasingly getting involved in conflicts of interest over their national products. On the side of protecting interests, the country’s consumers obviously have no way to contend with multinationals by going at it alone; hence the need for the support of state power. In China, Japanese products entered the market on a large scale starting in the 1980s, but in recent years, problems with Japanese products have become increasingly common and violations of consumer rights have be increasing nonstop. However, successful cases of protecting Chinese consumer rights are extremely rare, which is food for thought.

Therefore, the government’s approach to foreign products should be to treat domestic products equally and without discrimination, and when they are protecting the rights and interests of their own consumers, they should do so proactively. For example, when facing powerful Toyota Motors, protecting domestic consumers alone would not shake Toyota; however the government must come out to negotiate to ask for justice on behalf of the consumers, fight for compensation and the repair of vehicles. As of late, Toyota in China has recalled only a few hundred thousand vehicles, mainly the RAV4 model, but they truly should recall far more than this amount. Of course, protecting national consumer interest should still start with legislation. Only with laws to follow can we continue to increase efforts to safeguard the interests of the domestic consumer.


美国交通部4月5日宣布,拟对丰田汽车公司的大规模召回事件处以最高达1637.4万美元罚款,这将是美国政府迄今对汽车公司做出的最大金额民事处罚。(4月6日 新华网)

丰田汽车“召回门”闹得沸沸扬扬,作为最早“讨伐”丰田的国家,美国至今仍然不依不饶。美国政府在为美国丰田车主讨回公道、争取赔偿的同时,把丰田掌门人丰田章男“请到”美国出席丰田车听证会,听证会上美国议员、政府官员横眉冷对,使丰田章男一个大男人泪洒听证会场,同是购买丰田车,美国车主在召回门事件中的权益维护力度显然高于其他国家。

此番开出1637.4万美元的“天价”罚款,其高额罚金也有根有据:一是有证据表明丰田公司没有履行其法律责任;二是长达数月故意隐瞒事实,没有采取措施保护数百万驾车者和他们的家庭;三是对其处于“极刑”罚款有法律依据;四是高额罚款之后,还要继续跟踪、关注丰田公司是否有其他违法行为。

丰田车问题爆发后,美国政府一直在召回门事件中扮演主要角色。虽然有舆论认为,经过此番金融危机后,美国是在故意造势企图打压丰田,以图扶持本国汽车业发展,但美国倾国家之力对抗强大的丰田,保护国内消费者也是一个不争的事实。丰田在全球召回了约850万辆汽车,其中在美国召回约600万辆,占全球总召回数量的70.58%,除了丰田车在美国销售总量大以外,与美国政府的强势出击不无关系。

这也启示我们,在全球化越来越深入、世界经济融合越来越紧密、商品不分国界流通越来越快的情况下,一个国家涉及他国产品的权益矛盾也将与日俱增。在维护权益方面,本国消费者单打独斗显然无法与强大的跨国企业抗衡,这就需要国家力量的支持。于中国而言,日本产品从上个世纪80年初开始大举进入,近年来日本产品的问题也越来越多,侵害消费者权益的事件不断增加,但中国消费者成功维权的案例却非常罕见,不能不引人深思。

因此,政府在对待国外产品上既要与国内产品一视同仁,也要在维护本国消费者权益时采取积极的作为。例如:面对强大丰田公司,仅仅依靠国内消费者维权根本无法撼动丰田,必须由政府出面与其交涉,为消费者讨回公道、争取赔偿、修复车辆。现在丰田在中国召回仅仅几十万辆,款型也只有RAV4,但真正需要召回的绝不止这些数量车型。当然,维护国内消费者权益还需要从立法开始,有法可依,才能不断加大维护国内消费者权益的力度。
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