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The seeds of second-hand car fined ten million dispute, administrative reconsideration in unpredictable results

Wuqilong

2018 12 06 April 08:40 source: In the new longitude

"A year, turnover has been way ahead." This advertisement has frequently used car seeds appeared in television, network, elevator and subway station on the billboards. However, because of the ad, recently, melon seeds used car industrial and commercial administrative departments have been identified as "propaganda lacked facts" face penalties of $12 million 500 thousand.

In this regard, deputy director of the research center of China University of Political Science and Law Zhu Wei propagation method on the new latitude client (WeChat public number: jwview) said that the report, the seeds of second-hand car and the business management department of a few party data how to adopt, is to determine whether there are seeds of second-hand car false propaganda basis, but it is determined to present result data source use is not clear.

The seeds of second-hand car relevant responsible person responded that the company to drive with the facts of the advertising eye no interest, no way against the interests of consumers or to obtain unfair competition interests, qualitative to the decision to have the objection, according to legal procedures for administrative reconsideration.

Map new Jingwei Wu Qilong photo

Is there a large fine basis?

In the Internet industry, is punished for illegal advertising phenomenon is fine for most It is often seen., but a few thousand dollars to several thousand dollars. For the 12 million 500 thousand yuan fine seeds of second-hand car because of "the way ahead" advertisements, insiders said that the industry for decades, in the "advertisement" in the field, has not seen such a high ticket.

For the punishment, the seeds of second-hand car to the industrial and commercial administrative departments to provide 3 copies of documents, to support the content of the advertisement. The advertisement in "a year" time: August 2015 to July 2016, and promised this time period of second-hand car trading volume of 85874 seeds.

The industrial and commercial administration departments identified, because the two companies have the second-hand car trading volume were more than seeds of second-hand car, second-hand car sales are not so seed industry leading. The seeds of second-hand car advertisements for the lack of factual basis, inconsistent with the actual situation, it shall be ordered to stop publishing illegal advertisements, eliminate the influence in the corresponding range, and a fine of 12 million 500 thousand yuan.

For the seeds of administrative punishment, made a public statement that honest, law-abiding business has been the premise of seeds of second-hand car, the volume of advertising language is an objective way ahead "express facts based on the seeds of second-hand car. The statement also said on the seeds of second-hand car, advertising can not final transaction. The second-hand car trading service chain is longer, the key depends on the turnover of the product experience and ability to undertake the service.

Liu Xinyan pointed out that the deputy director of the Beijing Internet dispute mediation committee in an interview, "taking into account the seeds of second-hand car is just a trading platform, trading transactions, or more to the parties, even illegal advertising, it is impossible for the" real impact "to buy, the punishment is too heavy."

"The amount of the fine level, generally according to advertising costs." Beijing Huijia law firm director Qiu Baochang of the new latitude client (WeChat public number: jwview) said, for false advertising generally in accordance with the "advertisement law" provisions of article fifty-fifth of the punishment, the administrative department for Industry and Commerce shall be ordered to stop the release period and influence elimination in the corresponding range, according to the advertising charges punishable by a fine of 3-5 times. "The seeds of second-hand car should be fined in accordance with the" advertisement law "article fifty-eighth, the advertisers impose a fine of double the advertising expenses."

The administrative reconsideration in unpredictable results

In the face of the business management department ordered the seeds of second-hand car stop publishing illegal advertisements, eliminate the influence in the corresponding range, and a fine of 12 million 500 thousand yuan penalty decision. The seeds of second-hand car related person in charge of the new latitude client (WeChat public number: jwview) responded that the qualitative decision of the company have the objection, according to legal procedures to apply for administrative reconsideration, believe that will be fair and reasonable ruling.

"If there is no misleading, so the seeds of second-hand car" false propaganda "and" advertisement law "in the definition of the false propaganda is not the same." Zhu Wei analysis pointed out that the "advertisement law" regulation, false propaganda is misleading behavior of consumers, "set up a year, sales have been way ahead" will allow consumers to produce this kind of misleading, is not easy to define.

"To determine whether there is a false propaganda melon second-hand car, to see how the adoption of sales data basically. Currently, the data source is not clear." Zhu Wei pointed out, now have a selection of seeds of second-hand car data provided by the administrative department of industry and commerce, the data and report data for how data is the fundamental nature of the event to determine the admissibility. Data property data and seeds of second-hand car whistleblowers are similar, including its own data and third party monitoring data, but the business management department to adopt it did not specify why use.

So the administrative reconsideration result will be? "There may be commuted." Qiu Baochang pointed out that the administrative relative person is unclear or if you think that the punishment is too heavy, you can request commuted or mitigated punishment. Administrative reconsideration is a relative human rights through the reconsideration has two kinds: one is upheld; two is revoked or commuted to reduce the punishment, of course need to provide evidence to re identified.

The director of the Beijing city law firm criminal complaints department law enforcement and supervision department Wang Beibei also said that if the seeds of second-hand car for administrative reconsideration after sales data can prove that advertising is in fact, belong to "a year, turnover has been way ahead", there is no fraud, misleading consumer behavior, you can to modify the effect of penalty."

"The judgment of the difficulty is relatively large, need to update, more favorable evidence to support." Intellectual property research center of China University of Political Science and Law researcher, lawyer Zhao Zhanling of new client (WeChat latitude public number: jwview) said that the seeds of second-hand cars after the administrative punishment can be put forward for reconsideration of administrative reconsideration, if not satisfied with the results, can further bring an administrative lawsuit, but whether it can change the results, mainly to see whether can submit new evidence to prove. The seeds of second-hand car at the same time, the main line is higher than the volume of other second-hand car trading line.

Zhu Wei pointed out that the second-hand car itself is a kind of special commodity does not have a unified standard, to attract and retain users is how to improve services to consumers, and through products and services to enhance consumer confidence in the brand.

(commissioning editor Han Ying and Zhang Chen)

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