Electricity supplier fraud embarrassment: fake one lost ten encounter landing difficult
Newspaper reporter Wang Feng Beijing reports
The "e-commerce black horse", which is seeking to be listed on the market, has been frequently encountered in recent times, and has been named for the sale of yellow storm goods by the national sweep of Yellow River.
Many of them are famous for low price goods, but a large number of merchants have also entered a large number of suspected counterfeit goods. As a matter of fact, more than two heavy punches have been offered early in harnessing counterfeit goods, and businesses are required to commit "fake one to ten", and the sale of counterfeit goods requires businesses to pay ten times the total sales of commodity history to the consumers.
In twenty-first Century, the economic reporter combed the Chinese referee's document network, and found that consumers prosecuted a number of businesses in the rights protection case, before the consumer was prosecuted, the merchant was only repaying the goods, and did not take the initiative or at the request of the platform "a false claim of ten". The platform management and selling businesses are also controversial because of the way of identifying fake goods. The practice of paying cash in the form of cash coupons is also controversial.
Behind the low-priced online shopping products, it reflects the problem of fake goods management behind consumers' knowledge of fake purchases.
"Seeing the goods on the platform is so cheap that many consumers have the psychological expectation that they may be fake before they buy it, and they do not want to maintain their rights after they get to their hands, although they can bear the loss of their own interests, but the social interests are therefore damaged." A consumer protection legal expert says.
Rare initiative "false claim ten"
Although the voice of more than a lot of fake goods flooded the Internet, the twenty-first Century economic reporter retrieved only 4 cases of consumers' suing and verdict, and dozens of cases ended with consumer withdrawal. Although consumers have received compensation from the refund, the verdict shows that before the court verdict, the sellers either only returned the purchase money or ignored the consumers.
In September 13, 2017, Zhao Jing, a citizen of Handan, Hebei, bought a FOTILE oil - sucking machine, which cost 3588 yuan. After the manufacturer identified it as a fake, the merchant returned the money to her in September 27th, but did not fulfill the promise of "false one to ten". So Zhao Jing sued the court for a lot of businesses and businesses. In March 21st of this year, the court decided that the merchant would compensate her ten times.
In March 15th this year, Wang Mingyue of Fuping County, Fujian Province, also bought three sets of FOTILE kitchenware, which was identified as counterfeit products by factory appraisal. But businesses did not refund, but also failed to fulfill the "false one compensate ten" commitment. After the prosecution, the verdict of the Fuping County Court held that "the defendant's advertisement for" false claim ten "was obviously not in conformity with the law." Wang Mingyue did not ask the court to make a ten fold compensation for the defendant, but a three fold compensation.
"Consumer protection law" stipulates that consumers can claim three times compensation if there are fraudulent practices, but this is a statutory compensation. The law on the protection of the rights and interests of the consumer also stipulates that the damage to the property of the consumer should be compensated in accordance with the provisions of the law or by the parties concerned, so that if the merchant promises to have a "false claim of ten", it should be supported. " Zhu Wei, deputy director of the communication law research center of China University of Political Science and Law, told the twenty-first Century economic news reporter.
"The business makes a" false claim ten "commitment, in fact, the consumer issued an offer, after consumers buy goods, 'fake one claim ten' will become the contractual relationship between the two parties, should be supported." Cong Lixian, a professor of intellectual property at East China University of political science and law, said.
In the 4 cases, the court did not decide the joint liability of multiple platforms. The main reason is that, after the consumer provides false evidence, the multi platform provides the consumer with the business information, and the goods are laid down, thus successfully disclaimer for themselves.
But Zhao Jing will still make up more than the first defendant, she thinks that she did not have the first time to fight off the counterfeit goods, but only after the court set up the case in January 24th this year.
"Before this case, there was no precedent for decisions to take too many responsibilities." Zhao Jing's attorney told the twenty-first Century business reporter.
The consumer protection program, which is widely distributed in the website, writes that if consumers buy serious commodities such as fakes, they can claim "fake one lose ten". If a businessman refuses to fulfill his obligation, refuse to pay the bill, or the two parties can not reach an agreement on matters concerned, consumers can apply for more intervention.
However, in the case of a verdict, it is called "as a platform operator, only for business and consumers to provide a trading platform, not to participate in shop management or actual transactions."
The data provided by a number of public relations people to the twenty-first Century economic reporter showed that, through the "fake one to ten", "worse than three" policy, a total of 16 million 710 thousand yuan was paid by consumers in the past year, in the form of platform coupons, some of which were paid for the multi platform.
How does the platform identify the seller's sale?
Since businesses will not voluntarily give consumers a "false ten", the platform will issue a "ten fold ticket" to businesses.
In June this year, some businesses went to a lot of headquarters to safeguard their rights. They were identified as selling goods, descriptions of goods and false deliveries. They were frozen, account balances and deposit were deducted.
From 2016 to 2017, some businesses have prosecuted a lot. In twenty-first Century, the economic reporter retrieved 8 cases that were frozen and the balance was withheld because of the sale of fake accounts. Their defrosting accounts, the recovery and the return of the withholding were all rejected by the court.
The Changning District court of Shanghai, which tried these cases, said in February that the defendant spelled many companies according to the agreement to identify the sale of counterfeit and the amount of the sale of the counterfeit. The people's court should follow the principle of autonomy of the commercial subject on the basis of finding out the facts, and do not interfere in the self-discipline management of the e-commerce platform within the bottom line of the law. .
In the "multi platform cooperation agreement" confirmed by merchants in the platform, the merchant sells "serious problem goods", and the collage operators can ask the merchant to pay ten times the total sales of the merchandise history as the consumer compensation payment. If a businessman refuses to pay the claim, he has the right to compensate the consumer by the seller's store funds. Serious problems include counterfeit and shoddy goods.
In the lawsuit, some merchants questioned the agreement, saying that the collage was just a spot check and identified a commodity for counterfeit goods, but it asked the merchant to compensate for the ten times the total amount of the total sales of the commodity.
In the standard form contract, if we set a heavy duty on one side, it is unfair to oversee the obligation. In a lawsuit, if there is a genuine product in the historical commodity sold by the deducted merchant, then he can resist the validity of the clause by the proof. If the merchant sells all the fake goods, it will be the other thing. " Cong Lixian told reporters.
There is also a lot of punishment for businesses, partly because of the way to identify fake goods.
In May 22, 2016, the shops of Xie state's stores were frozen in many ways, on the grounds that the Armani T-shirts sold were fake. The verdict is that the identification method for many platforms is "quality control department audit" and "Armani brand counters verification". Businessmen believe that the parties involved in the dispute are not legitimate and neutral, but have no right to determine the authenticity of the goods. But Xie failed to provide the legal source and authorization of the commodities. The court finally believed that the evidence of many platforms had "obvious advantages".
In the cases of the dispute between the multi platform and the sale of fake merchants, most of the counterfeit goods are imported goods, including the HOLIKA nose paste, the "departure bag", the apple headset, the sweet poetry and the washing milk, etc., and the evidence of the multi platform submission is the identification report of the brand merchants.
But in other cases, the brand's identification report is not recognized by the court. In April of this year, in a series of multi platform counterfeit commodity cases examined by the Shangrao central courtyard of Jiangxi Province, "the dummy" Xing Yu Xin bought the counterfeit India KAMSUTRA MOIL male health care products. She got the appraisal report of the product of the product of Shanghai Zhen Hai Industrial Co., Ltd. of China, but was not adopted by the court.
"If only the goods involved are certified, I think the general dealers of the goods have the right to speak, and if they are too harsh, it will bring the difficulties of the plaintiff's proof." Cong Lixian said.
There are many disputes over the differences in the standards of court referees and the standards of platform governance, as well as the insufficient power of consumer rights and the direct "punishment" of the platform.
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