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Is WeChat purchasing agent illegal? What should we do if WeChat purchasing agent is cheated

Categories:Law lecture hall
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Time of issue:2017-10-16 13:21
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(Summary description)315 Consumer Rights Day reminds us of behaviors that invisibly harm consumer rights in our lives. For example, the chaos of WeChat purchasing agents in the circle of friends has made counterfeit goods rampant in the market and facilitated the circulation of fake goods, and the behavior of human purchasing agents has violated my country's "Customs Law." At this time, some people questioned whether this WeChat purchasing agent is illegal. Next, I will analyze and introduce it for everyone.

Is WeChat purchasing agent illegal? What should we do if WeChat purchasing agent is cheated

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Is WeChat purchasing agent illegal? What should we do if WeChat purchasing agent is cheated

Categories:Law lecture hall
Author:
Origin:
Time of issue:2017-10-16 13:21
Views:

Information

　　315 Consumer Rights Day reminds us of behaviors that invisibly harm consumer rights in our lives. For example, the chaos of WeChat purchasing agents in the circle of friends has made counterfeit goods rampant in the market and facilitated the circulation of fake goods, and the behavior of human purchasing agents has violated my country's "Customs Law." At this time, some people questioned whether this WeChat purchasing agent is illegal. Next, I will analyze and introduce it for everyone.

　　　　1. The illegality of WeChat purchasing agent

　　The illegal act of WeChat Daigou seriously violated the Consumer Protection Law, the Customs Law and other relevant laws. The specific analysis is as follows

　　(1) Consumer Rights Protection Law

　　The promulgation and implementation of the Consumer Rights Protection Law of the People's Republic of China is the first time that my country has fully confirmed the rights of consumers in the form of legislation. It is of great significance to protect the rights and interests of consumers, regulate the behavior of operators, maintain social and economic order, and promote the healthy development of the socialist market economy. It provides a powerful legal guarantee for combating counterfeit and shoddy products and improving product quality. Substandard quality is the Achilles heel of my country’s economic development for a long time, especially the quality of food and medicine.

　　The "Protection Law" stipulates that consumers enjoy nine rights including the right to safety, the right to know, the right to choose, the right to fair trade, the right to compensation, the right to associate, the right to know, the right to respect, and the right to supervise. The rights that Chinese citizens should have as consumers are systematically stipulated in national laws for the first time. With the implementation of the "Protection Law", more and more consumers are beginning to know and pay attention to safeguarding their legitimate rights and interests, and the "Protection Law" has therefore become one of the most well-known laws.

　　Liability for violation of the Consumer Protection Law:

　　1. The operator’s civil liability for violating the "Product Quality Law of the People’s Republic of China" shall bear the provisions of Article 40 of the "Consumer Rights Protection Law". If the operator provides goods or services in one of the following circumstances, in addition to this law Unless otherwise specified, civil liability shall be assumed in accordance with the "Product Quality Law of the People's Republic of China" and other relevant laws and regulations:

　　(7) The content and fees of the service violate the agreement;

　　(8) Deliberately delaying or unreasonably rejecting consumers’ requests for repairs, remakes, replacements, returns, replenishment of the quantity of goods, refunds of payment and service costs, or compensation for losses;

　　(9) Other circumstances that damage the rights and interests of consumers as prescribed by laws and regulations.

　　2. If a business operator with civil liability for causing personal injury provides goods or services that cause personal injury to consumers or other victims, it shall pay medical expenses, nursing expenses during treatment, and reduced income due to missed work; if it causes disability, it shall be refunded The disabled shall be paid for self-help equipment, living allowances, disability compensation, and living expenses necessary for the persons supported by them.

　　3. If a business operator with civil liability that causes death provides goods or services and causes the death of consumers or other victims, it shall pay funeral expenses, death compensation, and living expenses necessary for the person supported by the deceased before his death.

　　4. If a civil liability business operator infringes on other personal rights insults or slanders consumers, searches consumers' bodies and the items they carry, infringes consumers' personal freedom or infringes consumers' personal dignity, they should stop the infringement and restore their reputation , Eliminate the impact, apologize, and compensate for the loss.

　　5. If the civil liability business operator who causes property damage provides goods or services and causes damage to the consumer’s property, it shall repair, remake, replace, return, make up the quantity of goods, refund the payment for goods and service fees or compensate in accordance with the requirements of consumers. Bear civil liability for losses, etc. If the consumer and the operator have agreed otherwise, it shall be implemented in accordance with the agreement. (1) The goods are defective;

　　(2) The product does not have the necessary use performance and it is sold without explanation;

　　(3) Does not meet the commodity standard indicated on the commodity or its packaging;

　　(4) Does not meet the quality conditions indicated by the product descriptions, physical samples, etc.;

　　(5) Commodities that are explicitly eliminated by the country of production or sell invalid or deteriorated commodities;

　　(6) The number of goods sold is insufficient;

　　6. Civil liability for breach of contract

　　(1) is responsible for the "three guarantees". Guarantee repairs to national regulations or agreements between operators and consumers. For goods that are exchanged or returned (referred to as "three guarantees"), the operator shall be responsible for repairing, replacing or returning the goods. If the product cannot be used normally after two repairs within the warranty period, the operator shall be responsible for replacement or return. For large-sized commodities that are repaired, replaced, or returned, if the consumer requires the operator to repair, replace, or return the goods, the operator shall bear reasonable costs such as transportation.

　　　　(2) Where a business operator provides goods by mail order, it shall provide it in accordance with the agreement. If the provision is not made in accordance with the agreement, the agreement shall be fulfilled or the payment shall be refunded in accordance with the requirements of the consumer, and reasonable expenses that the consumer must pay shall be borne.

　　(3) Where an operator provides goods or services by way of advance payment, it shall provide them in accordance with the agreement. If the provision is not made in accordance with the agreement, the agreement shall be fulfilled or the advance payment shall be returned in accordance with the requirements of the consumer, and the interest on the advance payment shall be borne and the consumer shall pay reasonable expenses.

　　7. Civil liability for providing unqualified goods If the goods provided by the business operators are recognized as unqualified goods by the relevant administrative departments in accordance with the law, and consumers request to return the goods, the business operators shall be responsible for returning the goods.

　　8. Civil liability for fraudulent acts. If the business operator commits fraudulent acts when providing goods or services, the business operator shall increase the compensation for the losses suffered by the consumer in accordance with the requirements of the consumer, and the increased amount of compensation shall be the price for the consumer to purchase the goods or receive the service. Double the cost.

　　9. Economic and administrative responsibilities of illegal business operators. Article 50 of China's "Consumer Rights Protection Law" stipulates that if business operators have one of the following circumstances, the "Product Quality Law of the People's Republic of China" and other relevant laws and regulations shall impose penalties Where there are regulations and punishment methods, they shall be implemented in accordance with the provisions of laws and regulations; if the laws and regulations do not provide for them, the administrative department for industry and commerce shall order corrections, and may issue warnings, confiscate illegal gains, or impose illegal gains on the basis of the circumstance or concurrently. 1 If there is no illegal income, a fine of not more than 10,000 times but less than 5 times shall be imposed; if the circumstances are serious, business shall be suspended for rectification and the business license shall be revoked:

　　(1) The products produced and sold do not meet the requirements for the protection of personal and property safety;

　　(2) Adulteration or adulteration in goods, fake as genuine, shoddy as good, or substandard products as qualified products;

　　(3) Commodities that are explicitly eliminated by the country of production or sell invalid or deteriorated commodities;

　　(4) Forging the place of origin of the goods, forging or fraudulently using another person's factory name and address, forging or fraudulently using quality marks such as certification marks, famous and excellent marks;

　　(5) Goods sold should be inspected and quarantined but not inspected, quarantined or inspected for forgery. Quarantine results;

　　(6) Misleading false publicity of goods or services;

　　(7) Deliberately delaying or unreasonably rejecting requests from consumers for repairs, remakes, replacements, returns, replenishment of the quantity of goods, refunds of payment and service costs, or compensation for losses;

　　(8) Infringement of consumer's dignity or infringement of consumer's personal freedom;

　　(9) Other circumstances stipulated by laws and regulations that should be punished for harming consumers' rights and interests.

　　If the business operator is dissatisfied with the administrative penalty decision, he can apply for reconsideration to the higher authority within 15 days from the date of receiving the penalty decision; if he disagrees with the reconsideration decision, he can file a lawsuit with the people’s court within 15 days from the date of receipt of the reconsideration decision. ; You can also directly file a lawsuit with the people's court.

　　10. Criminal liability of operators and staff of state pilots

　　 (1) Criminal liability of the operator. Where a business operator provides goods or services that cause personal injury or death to consumers or other victims, and constitutes a crime, they shall be investigated for criminal responsibility in accordance with the law.

　　Those who use violence, threats and other methods to obstruct the staff of the relevant administrative department from performing their duties in accordance with the law shall be investigated for criminal responsibility according to law; those who refuse or obstruct the staff of the relevant administrative department from performing their duties in accordance with the law, and do not use violence or threats, the public security organ shall Penalties are stipulated in the Regulations on Public Security Administration Penalties.

　　(2)国家机关工作人员的刑事责任。国家机关工作人员有玩忽职守或者包庇经营者侵害消费者合法权益的行为的，由其所在单位或者上级机关给予行政处分;情节严重，构成犯罪的，依法追究刑事责任。

　　　　(2) Customs Law

　　Smuggling refers to violations of the "Customs Law of the People's Republic of China" (hereinafter referred to as the "Customs Law") and relevant laws and administrative regulations, evading customs supervision, evading tax payables, and evading the prohibition or restrictive management of entry and exit of the country . According to the relevant provisions of the Criminal Law, the crime of smuggling refers to a unit or individual violating customs regulations, evading customs supervision, transporting, carrying, and mailing goods and articles prohibited by the state from being imported or exported, or goods and articles that are subject to tax payment to the state in accordance with the law. Serious crimes with serious circumstances.

　　Customs Law refers to the general term for adjusting all legal norms of customs management activities. It includes not only specialized customs laws, but also all customs administrative regulations, customs regulations, and customs normative documents, as well as all regulations related to customs management in various laws and administrative regulations.

　　There are 7 chapters in the "Customs Law of the People's Republic of China" that came into effect on July 1, 1987. The main contents are:

　　1. The task of the customs is to supervise and control the means of transport, goods, luggage, postal items and other items that enter and exit the country in accordance with the law, collect duties and other taxes and fees, investigate smuggling, compile customs statistics and handle other customs operations.

　　2. Supervision of inbound and outbound cargo and supervision of transshipment. It stipulates the inspection and release methods for goods entering and leaving the country, and the responsibilities of the cargo carrier and custodian to the customs.

　　3. The inspection, tax collection, custody and release of imported and exported goods shall stipulate the customs declaration, tax payment and the responsibilities of the goods custodian of the goods receiver, the consignor and its agent.

　　4. Smuggling and violation cases and their handling.

　　Penalties for violation of customs law:

　　Article 12 　 Violation of the Customs Law and other relevant laws, administrative regulations and rules but does not constitute a smuggling act is a violation of the customs supervision regulations.

　　Article 13 　 Violation of national import and export management regulations, importing and exporting goods that are prohibited by the country for import and export shall be ordered to be returned and a fine of less than 1 million yuan shall be imposed.

　　Article 14 In violation of the national import and export management regulations, the import and export countries restrict the import and export of goods, and the consignee and consignor of the import and export goods cannot submit the license when they declare to the customs, the import and export goods will not be released, and the value of the goods will be 30% The following is fine.

　　Violation of national import and export management regulations, import and export of goods subject to automatic import and export license management, and the consignee and consignor of the import and export goods cannot submit the automatic license certificate when declaring to the customs, the import and export goods will not be released.

　　2. What to do if WeChat purchasing agent is deceived

　　Since buyers and agents are mostly "friends", and some overseas agents are introduced through friend relations, even if there are problems with the products on the agent, the vast majority of respondents are embarrassed or unwilling to defend their rights.

　　In addition, the lack of valid shopping vouchers has become another important issue encountered by consumers in protecting their rights after WeChat shopping agents encountered problems such as fake goods. In the event of a dispute, consumers are required to provide evidence based on the principle of ‘who advocates who provides evidence’. If they are shopping in other channels, consumers can defend their rights with evidence such as shopping invoices. Even when shopping online, some large shopping websites will restrict the qualifications of sellers and other conditions. In the event of counterfeit goods, consumers can also pass "inversion of the burden of proof" and require the seller to provide evidence to prove that the goods they sell are genuine.

　　But in WeChat shopping, the two parties seldom agree specifically on the details of each transaction, which makes it impossible for consumers to provide evidence and it is more difficult to defend their rights.

　　In addition, purchasing agents in WeChat Moments are not protected, and the Consumer Association will not accept complaints about purchasing agents in WeChat Moments. In addition, if the person engaged in overseas shopping service has not gone through the industrial and commercial registration, it is just an amateur part-time job. In this case, it is difficult to determine that the agent is the operator, the buyer and the seller do not have a sales contract that constitutes a contractual relationship, and the buyer and seller are private transactions. The industry and commerce departments cannot intervene, and the complaint is difficult to be accepted. Even if disputes arise, litigation is more likely to be regarded as ordinary civil disputes, and it is difficult to apply the provisions of the new "Consumer Law". Furthermore, WeChat has not yet real-named, and it is difficult to find the real information of users. Once a liar encounters a scammer, it is difficult to protect the rights and interests of consumers.

　　If you are deceived, you must keep the evidence in time to make a complaint and report it

　　If you are deceived when shopping on WeChat, you should take screenshots of the transaction records and chat records with the seller in time, and file a complaint to WeChat customer service in a timely manner. For personal WeChat accounts that are frequently reported by users and involve sales of fake goods, fraud and commercial infringement, after verification , Tencent will impose penalties such as freezing and permanent suspension. But Moments is only a social platform and cannot control and review personal information. Once a risk arises, the platform itself will not be held responsible. Therefore, it is best to choose a physical store or a formal online shopping platform for shopping. If you have to shop in the circle of friends, you must be careful, even if you are an acquaintance, you must check their sales information clearly. For unfamiliar sellers, we must be more vigilant.

　　If the act of the purchasing agent does constitute a fraud and it reaches more than 5,000 yuan, the crime of fraud can be filed. The person concerned should report to the police in time to protect their legitimate rights and interests.

　　This article introduces whether WeChat purchasing is illegal. The answer is yes. Therefore, we call on people to protect their consumer rights and interests from all aspects of life. It is impossible to seek protection of their rights while constantly looking for purchasing agents for consumption. Isn't this a disguised connivance of the illegal behavior of purchasing agents? The chaos of WeChat agents The elephant has more or less violated the Consumer Rights Protection Law and the Customs Law, and it is now necessary for us to unite to resist these illegal acts.

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