Carry out credit evaluation service business activities and collect fees from 616 merchants
Think of credit evaluation as a business! An enterprise in Guangxi was fined 300,000 yuan
Relevant experts pointed out that the "integrity plaque" cannot give off the smell of copper, and the crackdown on the behavior of indiscriminate evaluation should be strengthened.
From this newspaper (Reporter Pang Huimin Correspondent Huang Kaiwen) The reporter recently learned from the Market Supervision Bureau of Nanning City, Guangxi Zhuang Autonomous Region that new progress has been made in the first administrative penalty case for false commercial propaganda in the credit reporting industry in Guangxi.
The case was filed in March 2019. After careful investigation, administrative reconsideration and administrative litigation, the Nanning Market Supervision Bureau imposed an administrative penalty of 300,000 yuan on the company involved in accordance with the law, which was supported by the court.
In March 2019, the Professional Market Management Branch of Nanning Market Supervision Bureau conducted an on-site inspection of a credit rating company in Guangxi according to the special action plan.
During the inspection, it was found that the company was engaged in the so-called business credit evaluation service business activities, and publicized that it carried out credit evaluation activities for merchants in accordance with the "People's Republic of China Industry Standards" authorized by the "China Credit Association". 616 merchants charge fees.
After investigation, the "China Credit Association" mentioned in the company's publicity is just a social group that has been filed overseas, has not been registered with the civil affairs department in accordance with the law, and has no legal qualifications to carry out relevant business in China.
At the same time, in March 2016, the “China Credit Association” was included in the list of “offshore associations” and “cottage associations” currently held by the Civil Organization Administration of the Ministry of Civil Affairs published on the official website of the Ministry of Civil Affairs.
According to the second paragraph of Article 12 of the Standardization Law of the People's Republic of China, industry standards must be formulated by the relevant administrative departments of the State Council and reported to the standardization administrative department of the State Council for the record before they become effective.
The company's behavior of publicizing and issuing plaques and certificates to merchants who accept its credit service evaluation with a standard that has no legal effect and the word "People's Republic of China" is enough to make those market entities who follow the laws of our country and those without professional Ordinary consumers of knowledge have misunderstandings and believe that the parties are related to the government and the government's administrative management behavior and government service behavior, and they are more inclined to conduct transactions with merchants who accept the parties' credit evaluation services.
According to the above investigation results, the Nanning Municipal Market Supervision Bureau determined that the company's behavior violated the provisions of Article 8, paragraph 1 of the "Anti-Unfair Competition Law of the People's Republic of China", and it was a business propaganda behavior by the operator to make fake its services.
According to the relevant provisions of the "Anti-Unfair Competition Law of the People's Republic of China", the Nanning Municipal Market Supervision Bureau imposed a penalty of 300,000 yuan on a credit evaluation company in Guangxi in accordance with relevant regulations.
However, after the "Decision on Administrative Penalty" was issued, the company successively filed administrative reconsideration and administrative litigation.
Recently, the Nanning Railway Transportation Intermediate Court issued a judgment on the case, and the Nanning Market Supervision Bureau imposed an administrative penalty of 300,000 yuan on the company involved, which was supported by the court.
In this regard, relevant experts pointed out that treating credit evaluation as a business itself is a dishonest behavior, which will disrupt the normal market operation order.
The standard of credit evaluation can only be honesty, and the "integrity plaque" cannot give off the smell of copper. The relevant departments should increase the crackdown on such indiscriminate evaluation behaviors.