7 kinds of behaviors such as false discounts and price reductions are typical price frauds The State Administration for Market Regulation regulates operators' clearly marked prices and other behaviors
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The establishment and implementation of a clearly marked price system for the prices of goods and services will help maintain the normal order of market prices, encourage fair competition, facilitate supervision and inspection, and protect the legitimate rights and interests of consumers.
□ Our reporter Wan Jing
In order to further improve the legalization and standardization of price supervision work, regulate the behavior of operators to clearly mark prices, prevent and stop price fraud, maintain market price order, and protect the legitimate rights and interests of consumers and operators and social public interests, the State Administration for Market Regulation announced recently. The "Regulations on Clearly Marking Prices and Prohibiting Price Gouging" (hereinafter referred to as the "Regulations").
The "Regulations" refined and clarified the rules of clearly marked price, supplemented and improved the identification standards and corresponding legal responsibilities of some price violations. A competitive and fully open national unified large market provides the support of the rule of law.
List 7 kinds of price gouging
This year's "618" mid-year promotion is likely to become the most comfortable consumer promotion conference in recent years.
The reporter browsed multiple e-commerce platforms and found that the previously criticized and "fancy" promotional methods and marketing routines were less, while the prices of commodities were more favorable, and the promotions were stronger.
the reason is simple.
Recently, the State Administration for Market Regulation issued the "Regulations", which clarified the specific requirements of operators when conducting price comparison, discount, price reduction and other activities, listed typical price fraud behaviors that were prohibited, and emphasized that when determining price fraud behaviors, the parties should be identified. The subjective maliciousness of the network is an important factor to consider, and it puts forward clear requirements for the price-listing behavior of online trading operators.
The "Regulations" enumerates seven typical types of price fraud: First, falsely claiming that the prices of goods and services are set by the government or guided by the government; second, they lure consumers or other operators with low prices and settle at high prices; Selling commodities or providing services by means of discounts, price reductions or price comparisons; 4. When selling commodities or providing services, using deceptive or misleading language, words, numbers, pictures or videos to indicate prices and other price information; 5. Refusing to perform or incompletely fulfilling price commitments without justifiable reasons; sixth, not marking or significantly weakening the marking of price conditions that are unfavorable to consumers or other operators, and deceiving consumers or other operators to trade with them; When redeeming vouchers, cash vouchers, etc., to discount the price, refuse to discount the price according to the agreement.
Considering the variety of means of price gouging, it is difficult to enumerate comprehensively, and “other price gouging” is also stipulated as a bottom line.
At the same time, the "Regulations" also clarified three types of situations that are not price gouging: first, the operator has sufficient evidence to prove that there is no subjective intention; second, the actual transaction price can enable consumers or other operators who trade with them to obtain higher prices The third is that after the transaction is settled, the actual discount and price reduction range is not exactly the same as the marked range, but it conforms to the trading habits such as rounding off.
Liu Junhai, a professor at the Law School of Renmin University of China, pointed out that the "Regulations" make a reasonable distinction between price fraud and non-price fraud, which changes from the traditional consumer evidence collection to the operator's self-certification. evidence, it will be considered price gouging.
This not only reduces the cost of safeguarding consumers' rights, but also forces operators to dare not price fraud on consumers under the banner of clearly marked prices, which is very beneficial to the protection of consumers' rights and interests.
Guarantee the truth and accuracy of the clearly marked price
To eliminate price gouging, the price must be clearly marked.
In order to better promote and standardize the healthy development of new business formats, the "Regulations" make relatively flexible provisions on the form of clearly marked prices on the Internet. and other methods to clearly mark the price.
Considering that trading venue providers, especially online trading platform operators, in order to enhance the overall competitiveness of trading venues and implement unified management of operators in venues, they often provide price templates for operators in venues (within platforms).
Therefore, the "Regulations" clarify that if a trading venue provider provides price templates for operators in the venue (within the platform), it shall meet the requirements of these regulations.
The "Regulations" stipulate the words and currencies used by operators to clearly mark prices. Operators are required to mark prices. Generally, they should use Arabic numerals to indicate the amount of RMB, and use standard Chinese characters to indicate other price information. They can use foreign languages according to their own business needs. , to ensure accurate communication of price information.
Except as clearly stipulated in laws, regulations and rules, as long as it can ensure that the clearly marked price is true and accurate, the label is aligned, and the logo is eye-catching, there should not be too many restrictions on the way operators can list prices.
With the development of the business model, consumers have gradually accepted a variety of personalized pricing methods such as hang tags, model displays, and electronic screens. It is no longer necessary to strictly limit the pricing forms of operators and implement a price tag supervision system.
Therefore, the "Regulations" abolished the price tag supervision system.
The relevant person in charge of the State Administration for Market Regulation said that it is neither scientific nor necessary to require goods and services to be clearly marked in a uniform format under any circumstances.
For example, in rural fairs, auctions, etc., where prices are determined through negotiation, bidding, etc., there is no need to implement strict and clearly marked prices.
However, in other cases, such as frequent commodity grain transactions in major grain producing areas, the local market supervision department may, in light of the actual situation, require operators to clearly indicate the variety, specification, grade and purchase price when purchasing grain. Protect the legitimate rights and interests of both buyers and sellers.
Xiong Wenzhao, a professor at the Law School of Minzu University of China, believes that the establishment and implementation of a clearly marked price system for goods and services will help maintain the normal order of market prices, encourage fair competition, facilitate supervision and inspection, and protect the legitimate rights and interests of consumers.
It should be noted that with the rapid development of the Internet economy, the pricing methods of goods and services have also undergone corresponding changes.
Therefore, the regulations on clearly marked prices should also keep pace with the times.
Responsibility is determined to insist on excessive punishment
Regarding the determination of the legal responsibility of operators for violating the clearly marked price regulations and price fraud, the "Regulations" adhere to the principle of equal punishment, and also stipulate the circumstances of lighter, reduced or no punishment in accordance with the law.
According to the "Regulations", if the price quotation templates provided by the trading venue providers do not conform to these regulations, the market supervision and management department at or above the county level shall order corrections, and may impose a fine of less than 30,000 yuan; if the circumstances are serious, a fine of more than 30,000 yuan and 100,000 yuan shall be imposed. The following fines.
Operators who violate these Provisions, but can take the initiative to eliminate or mitigate harmful consequences, and promptly refund consumers or other operators of overpaid prices, shall be given a lighter or mitigated punishment in accordance with the law.
If an operator violates these regulations, but does not actually damage the legitimate rights and interests of consumers or other operators, and the violation is minor and corrected in a timely manner, and no harmful consequences are caused, no punishment will be imposed in accordance with the law; No penalty.
Xiong Wenzhao analyzed that price is an important factor affecting consumers' purchasing behavior.
To promote fair trade, clearly marked price is one of the necessary conditions.
Price chaos must be rectified, otherwise not only will the legitimate rights and interests of consumers not be protected, but also fair competition among businesses will be affected, which will lead to disordered market prices and pollute the entire market environment.
The "Regulations" are not only answers and responses to some current price issues, but also fundamentally promote the return of market prices to an orderly, open, fair and just market through the rule of law.
Only under the protection of the rule of law can price integrity become a transaction principle that all parties in the market abide by.
In addition, the "Regulations" also clarifies the responsibilities of providers of trading venues: providers of trading venues, such as operators of stores, shopping malls, markets, and online trading platforms, shall cooperate with the market supervision and management department in accordance with the law to conduct business operations on operators in venues (within platforms). Price supervision and management.
If a trading venue provider discovers that an operator on the venue (on the platform) has violated these regulations, it shall take necessary measures in accordance with the law, keep relevant information records, and assume corresponding obligations and responsibilities in accordance with the law.
Providers of trading venues shall respect the business autonomy of operators in the venue (on the platform), and shall not force or in a disguised form to compel operators in the venue (on the platform) to participate in price promotion activities.