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2020-01-07 13:51  www.katninews.com


●'s so-called "professional food lovers ", refers to some online shoppers using the Internet platform rules loopholes, requiring merchants to" refund not return "and thus" eat ", and some "eat" will take advantage of the opportunity to ask merchants for high compensation


●“ Professional food lovers "do not need much money, do not need too much expertise, almost zero threshold. Even now, it has developed a black-ash industry chain that teaches "food-eating" and sells personal information and produces fake certificates


● The pursuit of responsibility for "professional food lovers" should not stop in the civil sphere, but should start with criminal, administrative and other aspects. The relevant departments should strictly follow the relevant laws and regulations to enforce the law.


In less than four months,4276 orders were placed on Taobao, and 3896 malicious refund orders were filed, of which 3787 were successful, with a total refund amounting to more than 200,000 yuan - the \"appetite\" of Guangdong man Hongmou is really not small. Recently, the Hangzhou Internet Court of Zhejiang Province ruled that Hongmou assumed tort liability according to law, compensation for the plaintiff Taobao required 1 yuan and legal fees of 10,000 yuan.


This is not the first time \"professional food lovers\" have stumbled. Not long ago, in the first case of \"professional food lovers \", widely watched by the media, hunan woman zhou in more than a month to order 633, apply for a refund of 624, but refused to return. This act is regarded by the court as destroying the ecological environment of shopping, disturbing the social and economic order and harming the public interest.


In an interview with the legal daily, experts said the $1 compensation was symbolic. The court decided that the defendant abused his membership rights and defined the above-mentioned \"refund but not return\" food lovers behavior is \"non-living consumption needs\" malicious behavior, is a platform rule of law embodiment, for the construction of a good network business environment is of great significance.


At the same time, the accountability of \"professional food lovers\" should not stop at the civil domain. Interviewed experts believe that the criminal, administrative and other parties to start, the relevant departments strictly in accordance with the relevant laws and regulations to enforce the law, such malicious acts will not be tolerated, constitute a criminal offence should be severely cracked down, thoroughly eliminate the \"professional food lovers\" illegal idea.


Hongmou and \"professional food lovers\" in the first case of Zhou Mou, in the online frequent orders and return, and then just fill in a false logistics single number, in fact,\" return \"goods will never be in the hands of the merchant.


Hongmou and Zhou represent the rise of a \"new profession \", that is,\" professional food lovers \". The so-called \"professional food lovers \", refers to some online shoppers to use the rules of the network platform loopholes, requiring businesses to\" only refund no return \"and thus\" eat \", and some \"eat\" will take advantage of the opportunity to ask for high compensation.


“88 yuan with the introduction, a single return ""food for me"" go to help type a link, come back to the group owner to get a red envelope ""this goods can get on the bus ”…… Such conversations are the jargon of "professional food lovers ".


\"Professional food lovers\" do not need much capital, nor do they need much expertise, which is almost a zero threshold. Today, even the black-and-gray industry has been developed to teach \"food lovers\" and to sell personal information and produce false certificates. The \"food lovers\" group has a large number of post-90s, after 00 mixed traces, whether \"professional food lovers\" in the first case of Zhou, or now the second case of Hongmou, are born in 1999. A large proportion of \"professional food lovers\" are post-00 students.


Their techniques are the same, after receiving the goods sent by the merchant, apply for a \"refund only \",\" force\" the merchant to refund for various reasons, and eat the goods themselves, these are the \"eat\" skills they have learned from the relevant QQ \"eat\" group.


How can “professional food lovers be handy? In fact," professional food lovers "rely on e-commerce, take-out and other Internet platforms based on the principle of integrity, to maintain market order and set the rules in favor of buyers. Unfortunately, this good faith to protect the rights and interests of consumers, but in practice by the "professional food lovers."


“Taobao's lifeline is to provide a good guarantee for consumer rights. After more than a decade of development, taobao has teamed up with sellers to build a consumer security system aimed at building consumer confidence in online shopping." Taobao said in the indictment.


Taobao believes that to return goods for the purpose, try to use a variety of means to obtain illegal benefits, not only to make sellers lose money, but more importantly to hurt the trust between sellers and consumers. At the same time, it also destroys the integrity, fairness and healthy shopping ecological environment that Taobao platform painstakingly builds and maintains, interferes with the normal operation of Taobao, and infringes on the management rights and interests of Taobao to the platform.


Taobao's lawsuit is not only for themselves, but also for the platform's operators rights. \"Taobao this practice is for our small sellers to consider, when my problem feedback to the platform, the reception of our first two has been looking for departments to coordinate the matter,\" said Yang Yangyang (alias).


In the platform autonomy rules, you can also see Taobao for \"professional food lovers\" such behavior vigilance, such as the rights of registered members and the rules to determine whether the relevant behavior is malicious. The Taobao platform service agreement clearly stipulates that consumers'purchase behavior \"should be based on real consumer demand \"\"must not have malicious purchase of goods \/ services, malicious rights and other acts to disrupt the normal trading order of Taobao platform.


For the abuse of member rights,\" taobao market management and violation of the standard \"defined as\" refers to members abuse, malicious use of taobao rights and interests to harm the legitimate rights and interests of others, taobao platform operation order behavior.\" Among them, the lack of willingness to trade, malicious use of the convenience of the refund process to achieve other profit-making purposes, after the purchase of goods unusually frequently initiated a refund, affecting the normal trading order \"is an abuse of membership rights.


In addition, Taobao also for the abuse of membership rights to regulate the abnormal message blocking orders, restrictions on complaints, blocking comments content, restrictions on membership login, closure of accounts and other processing measures.


In the above two cases, Taobao believes that Hongmou, Zhou's malicious refund behavior is an abuse of membership rights, serious violation of service agreements, interference with Taobao platform business order, Taobao caused a serious negative impact on the economy and goodwill, and then filed a network tort liability lawsuit to the court, asking Hongmou, Zhou to compensate for the loss.


The Hangzhou Internet Court heard that the specific data reflected in the evidence were sufficient to show that the defendant's application for a refund only clearly did not conform to the shopping habits of ordinary people, and the reason for the refund was single enough to define the abuse of Taobao platform membership rights, damage the reputation of Taobao sellers who operate in good faith and legally, interfere with the normal operation order of Taobao, and let Taobao net to deal with the defendant's false complaints of excessive expenditure of human and material resources, Taobao caused real losses, but also directly destroyed Taobao and the whole society jointly advocated, and committed to build, maintain the integrity, fair and healthy shopping environment. The defendant's fault infringement of the civil rights and interests of Taobao, should bear tort liability.


Hongmou was sued, never appeared. Because it could not be served by ordinary means, the court served the documents of action on its notice according to law. In the court session, Hong was legally summoned by the court, without legitimate reasons refused to court, the final court in accordance with the law in the absence of trial, ruling Hongmou compensation Taobao economic losses of 1 yuan and legal fees of 10,000 yuan.


Gao Yandong, director of the Center for Internet Law Research at Guanghua Law School of Zhejiang University, believes that Taobao's claim for 1 yuan may only be symbolic in terms of the amount of money, but the court ruled that the defendant abused his membership rights and defined the above-mentioned \"eating\" behavior, which is not necessary for living consumption, as a manifestation of the rule of law on the platform.


“platform in the formulation of rules strictly follow the corresponding laws and regulations and other norms, written rules in the form of legitimacy. At the same time, the relevant rules extract and define the key words in the content setting in time, respond to the latest platform management problems, conform to the needs of the current platform construction, help to effectively solve the problem of new network illegal crime, help the development of judicial practice, and provide reference for the court trial. Gao Yandong said.


According to liu jiahui, a member of the china consumer association's bar group and executive director of the beijing society for the protection of consumer rights and interests, the court's decision has an important role in promoting the integrity, fairness and healthy ecological environment of online shopping. Although the compensation of 1 yuan is only symbolic punishment, but the normative significance of judicial judgment is more critical, Taobao prosecution is aimed at fairness, integrity of the platform order and good business environment, reflecting the public value of supporting thousands of businesses.


Gao Yandong believes that the case of \"professional food lovers\" will have a good social effect: first, it can free many businesses trapped by such malicious acts from passive situation, reduce the direct loss caused by malicious acts such as \"professional food lovers \", and also reduce the indirect losses caused by the loss of customers; second, it can expose consumers to more real evaluation, fully understand the goods, and thus purchase the more desirable goods; third, it can make the platform avoid being involved in such false complaints, so as to better manage and provide better service for users; fourth, it can make the market economic order stable, promote the online shopping mode to run smoothly, and maintain a good network ecological environment.


Gao Yandong suggested that the responsibility for \"professional food lovers\" should not stop here, but should also be dealt a blow from more dimensions. In criminal cases, when \"professional food lovers\" make up the fact that there are quality problems in the goods, only apply for refund but not return the goods, and the amount of refund reaches the legal amount involved in the crime, it can be regarded as a crime of fraud; when \"professional food lovers \", by threatening to give bad comments, etc., force the merchant to give up the recovery of the goods or even ask for compensation from the merchant, and reach the legal amount, it can be regarded as the crime of extortion; when\" professional food lovers \"gives false evaluation, which damages the reputation and reputation of the merchant, and conforms to the provisions of the Code on the Law of Criminal Law,\" direct economic losses caused to others in the amount of more than 500,000 yuan\" or \"severe damage to the reputation and reputation of the commodity \", or\" severe damage to the damage to the reputation of the goods \".


In administrative terms, with the implementation of the Interim Measures for Reporting Reporting of Market Supervision Complaints on January 1, 2020, such malicious acts will not be recognized as``purchasing for living consumption'' , and malicious complaints will not be accepted by the market supervision and administration department. ``The relevant departments shall carry out the law in strict accordance with the relevant laws and regulations, and shall not accept such malicious acts, and completely eliminate the illegal idea of``professional eating goods'' . '' ``Gao Yandong said.