Is the shop really worth visiting?

Specifically, the industrial chain can be divided into three parts: upstream, middle and downstream
.
Upstream is to use the automated tools provided by developers, such as machine modification tools, proxy IP, and black mobile phone cards purchased, to register and control various Internet platform accounts in batches; in the midstream, account merchants provide various accounts for billing agents; to the downstream , That is, specific order-swiping services provided by various agents for different objects, including improving credibility, reading likes, commenting and replying, increasing the number of fans, etc.
, and different services have corresponding charging standards
.

It is worth noting that the purchase order can also be "privately customized", and specific solutions can be formulated according to the technical measures of different platforms to counter the amount of purchase, and different fees will be charged according to the difficulty of the solution
.

Take live broadcast as an example
.
In recent years, live broadcast delivery has developed rapidly, and some well-known anchors’ delivery capabilities have made people astounding.
Tens of thousands of products can be sold out in just a few seconds
.
However, with the disclosure of data, the phenomenon of "swiping orders and speculating letters" is not uncommon in live broadcasts
.
There is a lot of water among the number of online viewers that are often claimed to be tens of thousands or even hundreds of thousands, and many of them are the number of people who paid for the purchase of orders and volume
.
In some WeChat groups, the number of people required is clearly marked
.

“The behavior of “swiping orders and speculating letters” seriously disrupts the order of market competition and constitutes unfair competition
.
” Liao Huaixue said that the credit evaluation of commodities is the key to market competition for e-commerce operators.
The legitimate means finally achieved the purpose of false propaganda, reduced the trading opportunities of other operators, and harmed the commercial rights and legitimate interests of other operators
.

Consumers should not "hold their breath"

On July 29, the State Administration for Market Regulation publicly solicited opinions from the public on the "Guiding Opinions on Strengthening the Supervision of Online Live Marketing Activities", which clearly stated that the legal responsibilities of relevant entities should be clarified, strictly regulate online live marketing behaviors, and investigate and deal with online live marketing in accordance with the law.
Illegal behavior
.
"Swiping orders and speculating letters" is one of the marketing violations to be investigated
.

In recent years, with the development and growth of the e-commerce field, relevant laws and regulations are also being stepped up
.
The more prominent problem of "swiping orders and speculating letters" is the top priority of legal supervision
.
"Consumer Rights Protection Law", "Anti-Unfair Competition Law", "E-commerce Law" and many other laws all have corresponding penalties for "swiping orders and speculating letters"
.

For the legislature, it is necessary to continue to improve and complete the legal and regulatory supervision system for "scratching orders and speculating letters" and other illegal and illegal marketing, and strive to keep pace with the times, not to leave dead ends, and to refrain from these illegal acts at the level of laws and regulations.
Leave room
.

There are laws to follow, and law enforcement must be strict
.
"Administrative supervision agencies should increase supervision, increase the cost of violations, enrich supervision measures, and establish a'trust blacklist' system
.
" Liao Huaixue said
.
He also suggested that those who “swipe and speculate” should be regularly and timely announced to the public through the corporate credit information publicity system, etc.
, so that the public will know and increase their illegal costs
.

In the process of managing "swiping orders and speculating letters", e-commerce platforms must assume effective main responsibilities, effectively manage the merchants within the platform, and prevent the phenomenon of "scratching orders and speculating letters" through various means
.
"The e-commerce platform should take necessary technical means and management measures to inspect and monitor the behavior of "swiping orders and speculating letters" to ensure the normal operation of the platform, provide necessary and reliable trading environment and trading services, and maintain the order of online transactions
.
" Liao Huai Doctrine
.

Experts believe that both on-platform merchants and offline physical stores should establish the awareness and philosophy of honest and trustworthy management, and don't covet small bargains, take crooked ways, and ignore the right way to improve the quality of products and services
.
For businesses, the most fundamental way to accumulate credibility and reputation is the quality of products and services, rather than marketing methods and means
.

The most important thing is the individual consumers.
In interviews, many consumers said that due to factors such as difficulties in investigating, they would not be held accountable after being "fudged", but chose to "hold their breath" and cause those businesses that "scrape orders and speculate" Even more unscrupulous
.

"I have actually experienced this kind of being'fudged' many times, but I didn't pursue it.
I just told myself and my surrounding friends not to be'fudged' anymore.
Next time I will use various methods and even take up legal weapons to follow suit.
Fight against this kind of behavior, and you can't let it deceive more people
.
" Xiao Yang told reporters
.

Further reading

From the perspective of protecting consumers' rights and interests

Merchant responsibility

The "Consumer Rights Protection Law" stipulates that consumers have the right to know the true status of their purchases, use of goods or services
.
In order to further protect consumers' right to know so that they can better exercise their rights such as independent choice and fair transactions
.
Article 17 of the "E-Commerce Law" clearly stipulates the information disclosure obligations of e-commerce operators, requiring comprehensive, true, accurate, and timely disclosure of product or service information, and prohibiting false and inviting methods such as fictitious transactions, fabricated user reviews, etc.
Misunderstood commercial propaganda deceives and misleads consumers
.

Consequences of illegality

● Administrative penalty

According to Article 56 of the "Consumer Rights Protection Law", if a business operator makes false or misleading publicity about goods or services, the administrative department for industry and commerce or other relevant administrative departments shall order corrections, warnings, and confiscation of illegal income, A fine of more than one time but not more than ten times the illegal income shall be imposed.
If there is no illegal income, a fine of less than 500,000 yuan shall be imposed; if the circumstances are serious, the business shall be ordered to suspend business for rectification and revoke the business license
.

● Recorded in credit file and announced to the public

Article 86 of the "E-Commerce Law", Article 56 of the "Consumer Rights Protection Law" and Article 19 of the "Measures for Penalties for Violations of Consumer Rights and Interests" stipulate that the administrative department for industry and commerce imposes administrative penalties on operators , Should be recorded in the credit file of the operator, and announced to the public in a timely manner through the enterprise credit information publicity system
.
Enterprises shall, in accordance with the provisions of the "Interim Regulations on Enterprise Information Disclosure", publish relevant administrative penalty information to the public in a timely manner through the enterprise credit information disclosure system
.

Consumer rights relief

Articles 6 and 16 of the Measures for the Punishment of Infringement of Consumer Rights and Interests stipulate that business operators use methods such as fictitious transactions, false bidding volume, false comments, or hiring others to induce deceptive sales, and cannot prove that they are not cheating.
Anyone who misleads consumers and commits such behavior is a fraud
.

● Right to request cancellation

According to the provisions of Articles 148 and 157 of the Civil Code and Articles 54 and 157 of the Contract Law, one party uses fraudulent means to make consumers violate the truth.
If the contract is concluded under the circumstances of the intention, the fraudulent consumer has the right to request the people’s court or arbitration institution to revoke it
.
After the contract is cancelled, the property acquired by the consumer due to the contract shall be returned
.
The fraudulent party should compensate consumers for the losses suffered as a result
.

● Three times the right to claim damages

Pursuant to Article 113 of the Contract Law and Articles 45 and 55 of the Consumer Rights Protection Law, consumers who provide goods or services through false advertisements or other false propaganda If the lawful rights and interests are harmed, they may demand compensation from the business operator
.
If a business operator commits a fraudulent act in providing goods or services, it shall increase compensation for the losses suffered by consumers in accordance with the requirements of consumers.
The increased amount of compensation shall be three times the purchase price of the goods or the cost of receiving the service; the increased amount of compensation shall be less than five times.
One hundred yuan is five hundred yuan
.

Source: "Comprehensive Legal Interpretation of "Sweeping Orders and Speculating Letters""