Someone "sincerely recruits" agents to sell fakes? Some people into the pit is ignorant and fearless.
"I thought cigarettes were recycled genuine products. I originally wanted to be a second-level agent to earn some pocket money, but I didn't expect to be sentenced. " On April 8, 2008, Huang Qiang still felt aggrieved when he handed over a fine of 20,000 yuan to the court.
Two weeks ago, Huang Qiang, a junior in Dalian, Liaoning Province, was sentenced to four months' criminal detention, suspended for six months and fined 20,000 yuan by the Jinzhou District People's Court of Dalian for selling fake and inferior products and illegal business operations. His classmate Zhang Quan was sentenced to 3 years and 6 months in prison and fined 700,000 yuan for selling 6,543,800 yuan.
Huang Qiang is just one of the college students who sell fakes. "Hebei college students were fined two years for selling fake goods online, earning 2 million yuan", "Shanghai college students were arrested for selling fake goods abroad", "Guangdong 19-year-old college students were sentenced to 8 months in prison for selling fake brand-name underwear online" ... In recent years, some manufacturers or distributors of fake and shoddy products have targeted college students and developed them into "second-class agents" to help them sell fake products. Relevant experts believe that college students lack discrimination, disapprove of buying fakes and selling fakes, and have a weak legal awareness, which leads some college students to become criminals and victims.
If you don't distinguish between true and false, you will lose.
The market price of a China soft-packed cigarette is between 600 yuan and 800 yuan, while the same cigarette is only 200 yuan in Huang Qiang and Zhang Quan's WeChat circle of friends.
Many agents recruit "secondary agents" in the name of recruiting college students for part-time jobs on campus. A campus agency website, known as "the largest part-time job agency for campus students in China", publishes nearly 200 recruitment information in 26 cities every day. These intermediaries hardly meet college students, and have been in contact with them online or by telephone. There are many fake and shoddy products agents.
On 20 16, I contacted Teng, who wanted to be a gift sales "campus agent" and sell cigarettes on similar websites. Teng claimed that these cigarettes were "recycled" from the gift shop, except for the long production time, and the quality was no problem. He took out a photo of the tobacco monopoly license, advised him to be a "second-class agent" and gave him China soft cigarettes at the wholesale price of 100 yuan each. Zhang Quan then advertised cigarette sales in the circle of friends, and each cigarette earned 100 yuan. He then forwarded the remaining 100 yuan and the buyer's address to Teng, and the cigarettes were mailed directly to the buyer.
First sold to classmates, and then sold to college students in the same school or school. Richard cheung kuen's "business" grew, and he brought Huang Qiang in. 2065438+August 2007, after investigation by Dalian Public Security Bureau, Teng bought cigarettes from a Fujian man surnamed Xu at the price of one 70 yuan. After testing, cigarettes are fake and shoddy products.
During the trial, Zhang Quan and Huang Qiang said that they were not sure that the cigarettes they sold were fakes. The court held that although they could not clearly know that the cigarettes were fake, the cigarettes they sold were seriously lower than the market price, and the source was unknown, which was likely to be fake and shoddy goods. They can take it to the relevant departments for testing, or ask for product quality certificates, but they have not done so. "Although they are also victims, they also committed the crime of selling fake and inferior products like Teng."
Due to the lack of discrimination, it is not uncommon for some college students to be deceived by manufacturers or distributors of fake and shoddy products. There are many kinds of products represented by college students, among which clothing, cosmetics, brand-name sports shoes and bags are the most common. In addition, there are game promotion, campus loan promotion, bed rental, intelligent 3C accessories sales and so on.
It is difficult to strike, and many college students are desperate.
Because he didn't distinguish the authenticity, An Xin, a "second-class agent", earned the agency fee of 800 yuan, but was claimed 99,600 yuan.
An Xin, a student of Shenyang Agricultural University, works as a "second-level agent" for online purchasing in the United States and Asia, earning the difference. The first order is a Chanel shoulder bag worth 24,900 yuan. After Daigou mailed it to her from the United States, she carefully compared every detail of official website's picture with the real thing, and found no difference. She checked the product code according to the online identification post, and sent it to the customer after confirming it was correct.
However, the customer said that he had found an agency for appraisal, and the product was not only genuine leather as official website said, but also the product code could not be found. The customer took Anxin to court and demanded a refund of 24,900 yuan. According to the relevant provisions of the Law on the Protection of Consumer Rights and Interests, he demanded a claim for triple the payment of 74,700 yuan.
Some college students have not realized the seriousness of buying fakes and selling fakes except their own lack of discrimination.
"We usually buy high imitation clothes and bags from big brands. The price is cheap and the quality is passable. Sometimes when I am tired of using it, I sell it online. Many students around me are also like this and are used to it. " Zhai, a sophomore at Liaoning University of Technology, told reporters that in March this year, because the second-hand bags posted on the Internet involved a big brand and had no distribution rights, she was forcibly removed from the shelves and deducted credit points. But she doesn't think so.
According to article 140 of China's criminal law, the crime of producing and selling fake and inferior products refers to the acts of producers and sellers doping and adulterating products, passing fake products off as genuine ones, passing inferior products off as good ones or passing unqualified products off as qualified products, and the sales amount reaches more than 50,000 yuan.
However, it is difficult to crack down on selling fake goods, which makes many college students take risks. The relevant staff of Shenyang Industrial and Commercial Bureau told the reporter that there are many complaints about selling fake and shoddy products online, but it is difficult for the industrial and commercial departments to crack down because of the difficulty of proof. For producers, distributors, secondary agents and consumers who sell fake and shoddy products. Most of them are not in one city, and they need to be handled jointly (or transferred) by multiple departments in different cities. In the process of investigation, some manufacturers belong to unregistered black workshops and need the police's participation, but only those involving a large amount of fake and shoddy goods can be handed over to the police.
In order to protect students, schools should guard against part-time jobs on campus.
"Crime of selling fake and inferior products" is the key word. Looking up China Judgment Document Network, we found that there were more than 2,000 related cases in China every year from 2065,438+04, and there were 2,947 related cases in 2065,438+07.
"College students are not wet behind the ears. While we regret that college students are lured into breaking the law, we should also reflect on why selling fakes is so rampant. "
"Only by cracking down on the fraud of manufacturers and distributors from the source can we build a protective net for college students. "Wang Jinhai suggested that online stores and individual industrial and commercial households on e-commerce websites should be registered in industry and commerce. At present, e-commerce is developing rapidly, but its legislation and supervision need to be improved urgently.
"If the online store is registered in the industrial and commercial registration, the industrial and commercial department will have clear law enforcement authority, and consumers' reports and complaints will be more powerful." Wang Jinhai said, "If online stores and individual merchants are generally registered in industry and commerce, it will reduce the proportion of fake and shoddy products sold by online stores and enhance the integrity of the e-commerce industry. "
The school should check the campus part-time agent. On the one hand, strictly screen the part-time agency information released by the enterprises in the school, and find that the illegal enterprises are immediately publicized in the whole school. On the other hand, do a good job in the part-time registration of students, increase the popularization of legal knowledge of online merchants in open classes, and enhance the legal awareness of college students.
Now there are so many WeChat businesses, who knows whether it is true or not?
The news comes from Netease.