Openly sell prohibited goods and fakes, use code words to drain pornographic transactions
Why do second-hand trading platforms "play" pinyin homophone
●Many sellers use online second-hand trading platforms as advertisements for selling prohibited goods. Personal information is one of them, as well as contraband and pornographic services.
Sellers use vague descriptions, secret language prompts and other methods to package these prohibited goods to avoid tracing
●On the second-hand trading platform, all kinds of idle items are always re-sold as "Annual Meeting Lucky Draw", and "brand new", "unopened", "purchasing", and "clearance processing" are also frequently appeared products Descriptive words, but behind these words is the risk of buying fakes
●Second-hand trading platforms have their own product release regulations, which explicitly prohibit certain products from selling, but in reality, there are many banned products on the platform, and they exist in the form of homophony. This behavior violates my country's e-commerce law , Consumer Rights Protection Law and other relevant regulations
□ Our reporter Han Dandong
□ Intern Wang Xue
Selling counterfeit goods, after-sales chaos, it is difficult to protect rights, draining pornography transactions, and publishing information in violation of regulations...Because of the chaos, 12 second-hand trading platforms including Xianyu, 58. Interview.
During the epidemic, the online second-hand trading platform became more active because it could "recover blood" and save money.
Second-hand transactions are essentially the sale of goods and services through the Internet and must be operated in accordance with the law.
However, a reporter from the Rule of Law Daily found that some sellers on some second-hand trading platforms blatantly sold goods that are prohibited by law, such as personal information; some sellers used various methods to avoid platform keyword searches and sell products that lack licenses. Commodities; there are also sellers who use fake commodities to conduct false transactions or attract traffic.
Publish sales information advertisement
Move elsewhere to trade
A reporter from the Rule of Law Daily searched for "information" and "data" on a second-hand trading platform, and an advertisement for selling information appeared.
One of the sellers with the user name "Xin Mama Big Baby" described his product like this: Skip the money-burning promotion, call customers directly, you ask for demand, we provide customers, big data, affordable prices, a magic weapon for enterprises to win customers.
A reporter from the Rule of Law Daily sent a private message to the seller, and the seller said: "Add v, let's talk in detail." It is understood that the seller mainly sells two types of data, namely peer data and e-commerce data.
E-commerce data provides information about users who have made purchases on Taobao or Jingdong, including personal information such as phone numbers, Alipay accounts, and shipping addresses. In addition, industry and gender screening can also be performed.
According to the introduction of "Xin Mama Big Baby": "Personal data can be divided into real-time and precipitation, real-time information is 50 pieces, and precipitation information is 2 corners. Real-time information refers to the details of consumer purchase information within a week, and precipitation information refers to 3 months. Details of the information inside. These information include name, delivery address, and Alipay account."
"Xin Mama Big Baby" said that many users have already purchased information here, which is basically used to promote products, through two modes of "handling" and sending text messages.
"Handle" means to add the other party as a friend through this information, pull into the WeChat group, and promote products in the group.
The seller added: “We don’t place orders on those second-hand platforms because the data itself is illegal. We transfer funds through WeChat and Alipay, mainly as repeat customers. Merchants can use them first, and then give money. Those second-hand trading platforms are It’s for advertising."
A reporter from the Rule of Law Daily found that many sellers use second-hand trading platforms as advertisements for selling prohibited goods. Personal information is one of them, as well as contraband and pornographic services.
Sellers use vague descriptions, code hints and other methods to package these prohibited goods to avoid tracing.
A person familiar with the matter said: “These prohibited goods are most taboo to clearly write key words. Under normal circumstances, they will use code words to express them. For example, pornographic services will use "home" services, "drink tea", "same city" and "make friends". After hooking, transfer to other platforms or offline transactions."
According to Zheng Ning, director of the Law Department of the School of Cultural Industry Management of Communication University of China, sellers need to bear corresponding legal responsibilities for publishing goods that are prohibited by law. For example, selling counterfeit products may violate the Consumer Protection Law, piracy violates the copyright law, and pornography Articles that violate the Public Security Administration Penalty Law and the "Publication Administration Regulations" may seriously violate the criminal law.
Wang Yanhui, a lawyer of Shanghai Hengyanda Law Firm, believes that e-commerce platform operators should take necessary measures in accordance with the law and report to the relevant competent authorities for goods that are prohibited by the law. If the situation takes necessary measures or fails to report to the relevant authorities, the relevant authorities shall order corrections within a time limit. If the corrections are not made within the time limit, a fine of 20,000 yuan to 100,000 yuan shall be imposed; if the circumstances are serious, the business shall be suspended for rectification and imposed A fine of not less than 100,000 yuan but not more than 500,000 yuan.
Use code words to avoid tracking
The platform responded helplessly
Each second-hand trading platform has its own information release regulations or product release regulations, which clearly stipulate that certain commodities are not for sale. For example, the "Information Release Specification" of a second-hand trading platform prohibits the sale of drugs, medical equipment, and food, including but Not limited to medicines, condoms, baby food, contact lenses and nursing solutions, alcohol, health products, etc.
However, a reporter from the "Rules of Law Daily" found that some second-hand trading platforms are still selling large quantities of infant milk powder, condoms, health products, syringes, etc. Sellers use pinyin, homophonic characters, etc. to package goods, such as milk powder with "nai powder" instead. Condoms are described as "conception sets".
The reporter of the Rule of Law Daily contacted the customer service staff of the platform. The other party said: “The platform clearly stipulates that milk powder cannot be sold.” When the reporter said that the platform still has milk powder on sale, the customer service responded: “You can report it.”
A reporter from the "Rules of Law Daily" learned that the second-hand trading platform will conduct "keyword" searches for products on the shelves. If illegal products are found, they will be warned for the first time and ordered to be removed from the shelves. If they are found again, the account will be imposed for 7 days. Title processing ranging from 14 days.
According to the above-mentioned customer service staff: "We will conduct investigations, but we cannot ensure that all products can be inspected. If you find a violation, please report it."
Zheng Ning believes that it is not feasible to require the platform to identify all illegal and illegal information, but the platform should continuously improve its technology, such as timely updating the filtered keywords and updating the information release specifications.
Platforms that have obviously not fulfilled their management obligations need to bear corresponding responsibilities.
Wang Yanhui pointed out that second-hand trading platforms have their own product release regulations, which expressly prohibit certain products from selling, but in reality, there are many banned products on the platform, and they exist in the form of homophony. This behavior violates my country’s electronic Relevant regulations such as the Commercial Law and Consumer Rights Protection Law shall bear corresponding responsibilities.
According to Wang Yanhui, according to Article 56 of the Consumer Rights Protection Law, if the goods or services provided by the operators do not meet the requirements for the protection of personal and property safety, in addition to the corresponding civil liabilities, other relevant laws and regulations Where there are provisions on the punishment agency and punishment methods, they shall be implemented in accordance with the provisions of the laws and regulations; if the laws and regulations are not provided for, the administrative department for industry and commerce or other relevant administrative departments shall order corrections, and may issue a warning or confiscation according to the circumstances. For illegal gains, a fine of one to ten times the illegal gains shall be imposed. If the illegal gains are confiscated, a fine of not more than 500,000 yuan shall be imposed.
False description to earn traffic
After-sales chaos and rights protection is not easy
A reporter from the "Rule of Law Daily" found that on the second-hand trading platform, all kinds of idle items will always be resold as "annual meeting lottery draw", "new", "unopened", "purchasing", and "clearance processing". "Etc. are also frequently used product descriptions, but behind these words there is a risk of buying fake goods.
Yang Li (a pseudonym) bought an iPad on a second-hand trading platform. The product description was issued at the company’s annual meeting and was unopened. As a result, it was not unopened at all, but there were obvious signs of use. The battery The maximum capacity is no longer 100%.
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In addition, the "tail order", "the same style at the counter", "with the original sign", "preserved version", "fine workmanship"...These are descriptions of goods that can be seen everywhere on the second-hand trading platform, and the price is far lower than the market price.
Li Hua (a pseudonym) spent 200 yuan on a second-hand trading platform to buy a bottle of "brand new" Lancome "pink water", which is priced at 435 yuan in Lancome's official flagship store.
As a result, after receiving the goods, Li Hua took it to the counter for testing and found out that it was a fake. She consulted with the seller to return the goods, but the seller questioned the exchange and refused to return the goods.
In addition to selling fake goods, second-hand trading platforms also use fake goods to obtain clicks and guide users to buy.
A reporter from "Rules of Law Daily" found on a second-hand housing trading platform, "It only costs 800,000 yuan to reserve 75 square meters of housing next to Shanghai Zhangjiang Science and Technology Pioneer Park" and "only 900,000 yuan for 90 square meters of a residential area in Fengxian District, Shanghai".
House prices here are far below market prices.
Du Mou, a manager of a real estate sales company, told a reporter from the Rule of Law Daily: “This is a fake listing. Let the buyer take the bait and then tell them that the house has been sold. Now there are only others.”
In addition to listings, fake car sources are also used by some used car trading platforms to attract customers.
An from Xuzhou, Jiangsu, found when he visited a second-hand car trading website that he had just taken photos of the vehicle he was going to sell two days ago and was used by others. After discovering the problem, An called the other person.
The other party said that the car belongs to them and has not been sold yet.
An asked for the address and went immediately. After finding the other party, he was told that the car had been sold, and now there are only other models, so you can see if you want to buy it.
A reporter from the "Rule of Law Daily" found that second-hand trading platforms often use this method to attract users. Sellers and platforms form a transaction chain. Sellers often put fake sources of goods to attract buyers. When buyers arrive at their destinations, they are told that the goods on the platform have been sold. Yes, there are other better ones, of course the price is much higher.
Through this method, the platform obtains buyer click-through rates to earn traffic, and generates user portraits based on user clicks and user information, again accurately pushes delivery sources for users, and earns clicks again, thus forming a closed-loop transaction.
Zheng Ning believes that consumers have the right to know, and operators should clearly mark the price of goods or services provided.
Article 8 of the Consumer Rights Protection Law stipulates that consumers have the right to know the true status of the goods they purchase or use or the services they receive; Article 20 of the Consumer Rights Protection Law stipulates that operators provide consumers with relevant goods or Information on the quality, performance, purpose, and validity period of the service shall be true and comprehensive, and no false or misleading publicity shall be allowed.
Strengthen law popularization and education
Improve complaints and reporting mechanisms
A reporter from the "Rule of Law Daily" learned that relevant departments have repeatedly requested the second-hand trading platform to make rectifications, but after many rectifications, the second-hand trading platform still has violations of laws and regulations.
In this regard, Zheng Ning pointed out that to regulate the behavior of sellers and second-hand trading platforms, we must first increase law enforcement, severely crack down on illegal activities, and take credit supervision measures in accordance with the law to increase their illegal costs.
Second, urge the second-hand trading platform to strengthen management, adopt technical means to detect illegal activities in a timely manner, and clarify rights and obligations through service agreements, and severely punish sellers who violate the law.
Finally, the platform and relevant law enforcement agencies should improve the reward system for complaints and reports and encourage public supervision.
Wang Yanhui put forward three suggestions to the reporter of the Rule of Law Daily:
First, strengthen the publicity and education of second-hand trading platforms and sellers to let them understand the basic laws and regulations related to their industry, know the boundaries of their behavior, and internalize the laws and regulations into a code of conduct;
Second, law enforcement agencies should strictly implement relevant laws and regulations, attach importance to consumer complaints and reports, strengthen external supervision of sellers and second-hand trading platforms, and implement penalties in laws and regulations to encourage sellers and second-hand transactions. The platform is law-aware;
Third, the platform, as a legal or unincorporated organization that provides online business venues, transaction matching, and information release for both parties or parties to transactions, for both parties or parties to independently carry out transaction activities, should strictly follow relevant laws and regulations to implement subject registration, Publicity system, and do the corresponding supervision and management work.
Cartography/Gao Yue