The Opening Account Was Stolen, and the Backhand Recharged 1 Million
Chapter 288 Let's break it down
Chapter 288 Let's break it down
Zhou Yi felt that the halo of the system had started to work again. How could he order a takeaway? This person is so irritable. Is it because he has no education or something.
Originally, he only planned to make the other party pay a few dozen yuan, but now, does this person have to pay 1000 yuan to be satisfied?
It's strange, but it's not surprising, the other party always takes out the platform regulations and asks me to order the insurance or something, but why should there be a problem with your meal, let me order those by myself.
It’s true that there is a platform, but I bought food from you, and now that I have a problem, I must be looking for you directly.
So what should I do now, why don't I find Xiaolan's customer service first?
But I have had similar experience before, no matter how advanced it is, Ah Huang or Xiao Lan, their customer service is very quick to deal with the matters within the regulations.
For example, if you complain to the delivery staff that the delivery is slow, that is simple, a fine will be issued, and by the way, I will give you a coupon for reducing the amount of the full amount.
Anyway, there is no need for the platform to pay for this coupon. In the end, the merchant will pay for it.
The fine is also a fine for the delivery staff, and the inside and outside platforms directly make money.
Anyway, Zhou Yi doesn't regret the big data killing last time, so it's really not too much for these platforms to do such disgusting things.
Mr. Zhou was still hesitating what to do, but at this moment, a notification sounded on WeChat, he picked it up to check, and found that someone had added him as a friend, and the note was the Mala Tang shop.
Eh, is this a discovery of conscience?
Zhou Yi clicked OK to add the other party as a friend, but before he could speak, the other party sent several screenshots.
What is this? Out of curiosity, Zhou Yi began to look at those screenshots.
Then I discovered that this should be a conversation between the Malatang boss and Xiaolan's customer service.
So, I haven't gone to the customer service yet, and the other party has gone to the customer service first?
After reading all the screenshots and conversations, it is very simple, that is, the boss and the customer service said to complain about him!
That's right, the boss directly complained to him first, and the previous triple compensation seemed to really stimulate him, so that he started to complain to the customer service first.
It is said that now a customer finds that there are flies in the food, and then asks him for three times the compensation.
The reply from the customer service is, if you meet such a customer, let him contact the customer service by himself.
It should be explained here that store customer service and consumer customer service are different.
What the customer service said was that if the other party is unwilling to accept the insurance, let him go to the customer service of the consumer.
Not to mention anything else, this screenshot directly made someone in Zhou feel a little angry, which meant to say, if you go to customer service casually, there is no result anyway!
After it was over, the boss sent another voice message.
"Look for yourself. This matter has nothing to do with me. If you don't go for some insurance, that's your own business."
What the hell?Zhou Yi is a little speechless now. Is it my problem or your problem, or is it that the other party is used to letting consumers solve problems through insurance?
To be honest, at first Zhou Yi thought it was troublesome and didn't want to order it, but since that's the case, then... let's make a complaint.
Now many platforms have launched such and other insurance, to be honest, this is a good thing.
If there is any problem, the insurance company will naturally be there.
However, they seem to have forgotten one thing. If there is a problem, you need to find the insurance. It should be you who come to find the insurance, because the other side is the consumer.
No matter how simple the process is, it should be done by you. What the consumers want is direct compensation!
But gradually, because everyone thought "forget it, it's not easy", so when there is a problem, they take the initiative to get insurance, which makes people feel that this should be done in this way!
And how much the insurance can compensate is really hard to say, it is equivalent to directly reducing the amount that should have been compensated according to the law.
Originally, according to Zhou Yi's temper, he was already in the court at the moment, but his life was too comfortable recently, so he was too lazy to go to the court.
Even the regulatory authorities were too lazy to go, so after thinking about it, I found a 12315 applet in WeChat, and then made a complaint on it.
The evidence for the complaint is the photographs taken earlier.
The core point of view is that I ate flies in the food, but the merchant only agreed to the safe eating insurance stipulated by the platform to settle the claim. I wanted to make a claim based on the amount stipulated in the Food Safety Law but was rejected, saying that it only recognized the rules of the takeaway platform, and also Complain to customer service about my legal claim.
Then there is his request, and the compensation will be ten times, because it is less than 1000 yuan, so it should be calculated according to 1000 yuan!
Complained, done.
This is the means that many people will use after encountering problems, online complaints, or telephone complaints.
Generally speaking, there are really few people who go directly to the scene to complain with a lot of material and evidence like Zhou did.
After Zhou Yi complained, he didn't take care of it anymore. Not surprisingly, this kind of online complaint will take a long time to process.
During this period of time, he and Fang Dazhuang, rookie Zhou, had a great time together, and he really didn't want to be affected by it.
And for such a situation, he didn't want to be too serious, just complain online, make a point, and let the boss receive some education.
Mr. Zhou started a life of drunkenness and dreams again, and the weather has gradually turned cold. According to the normal situation, Jingzhou will start heating.
Heating is a major event in the northern region!
Heating is something that only those who have used it will know how cool it is, and the coldness in the south in winter can paralyze the soul.
We moved in this year, so Zhou Yi planned to ask Grandma Liu how to pay the heating fee and how the heating situation was in previous years.
After packing up, he was about to go out, but the phone rang, and when he connected, the other party claimed to be Xiaolan's customer service.
Said that because he complained, they called to fix the problem.
"Mr., we can only tell you this. Our platform has regulations. If something goes wrong, we have to pay according to the insurance. Your so-called ten-fold compensation claim really doesn't meet the regulations..."
Having experienced the baptism of major companies, Zhou Yi will no longer get angry because of such a trivial matter.
The platform stipulates that this is a sentence that you will encounter in many cases when you go to defend your rights.
This is the rule here, and we don't even mention whether your rule is illegal!
Coincidentally, what Zhou is best at, that is, the most serious thing, is your rules.
Whoever said that you have to listen to the rules, if the rules are wrong, you have to change them!
Or you can ask about the level, after all, Ah Huang and you Xiaolan were the ones who were lying on the gun last time, oh, there is another guy who is even more unlucky, so it's okay.
"Let me ask you, is it because your platform has more regulations or laws? You are a customer service face and don't know the most basic legal principles? Higher-level laws are higher than lower-level laws, and special laws are better than ordinary laws. When did your platform's regulations Are they above the law?"
"If everything is in accordance with your regulations, what is the need for the Food Safety Law?"
Hearing that the other party seemed to be planning to fool, Zhou Yi said directly: "Okay, you don't need to talk about it, I also know that you have no power, and this matter has nothing to do with the platform."
"I will continue to report, please rest assured."
After finishing speaking, Zhou Yi hung up the phone directly. This is none of your customer service business. I am also reporting the business.
Open the applet to check the progress. Sure enough, it has arrived at the Market Supervision Bureau of Guangming District, Jingzhou City.
The procedure is still the same, and there is an advantage to reporting directly to the market supervision department in Guangming District, which can solve the problem directly and quickly.
To report online, you have to wait for this matter to go down from the reporting platform above to the Guangming District layer by layer, and then the Guangming District will take over.
Let's go to Grandma Liu's house first. It is estimated that it will be the call from the supervision department or the boss.
After carrying some things, Zhou Yi went up to the seventeenth floor and knocked on the door of Grandma Liu's house.
By the way, I also looked at my new neighbor upstairs. I have seen him a few times since he moved in. It seems to be a family of three, and there is no noise.
The door opened, Grandma Liu looked outside, and smiled immediately: "Zhou Yi? Come in quickly, come in quickly."
Zhou Yi came in for a casual look, and suddenly found something inexplicable.
Such as belts, insoles, and some strange medicines, of course, maybe health care products.
Looking at the sofa again, a girl stood up with a smile on her face. She was the girl I saw in the elevator last time. Looking at the situation, she seemed to be very close to Grandma Liu.
"Come on, come on, why bring these things, sit down quickly."
After Grandma Liu finished speaking, she pointed to the girl next to her and said, "This is Wang Rui, and it's that... from that company, let me experience their products."
"Oh, hello." Zhou Yi stretched out his hand.
Wang Rui also quickly extended his hand with a smile on his face.
"You always go to the Three Treasures Hall for nothing this week, what's the matter?" Grandma Liu joked.
Zhou Yi looked at Wang Rui, and said immediately, "Isn't the heating going to start soon? I want to ask you where we pay the heating fee and what is the standard?"
"Oh, this, on the left hand side of our community, about one kilometer away, there is a site of a heating company. You can go there with the property right certificate and bind it, and then you can hand it in directly."
"Standards, we in Jingzhou have the same standard, the same as before."
Zhou Yi nodded and said, "That's fine, thank you Grandma Liu."
"Oh, by the way, Miss Wang, what company are you working for?"
Wang Rui hurriedly said: "Our company is called Tiancheng Company. The company specializes in some health care products for the elderly. If you have elderly people in your family, you can also introduce them to us."
"Oh yes yes." Zhou Yi was about to say something when the phone rang again.
"Grandma Liu, I'm leaving first, you are busy."
After leaving Grandma Liu's house, Zhou Yi was a little suspicious. This Wang Rui should be the salesman of Tiancheng Company, selling health care products.
Health care products for the elderly claim to be as profitable as women's cosmetics!
Let's answer the phone first.
"Hello, it's Mr. Zhou. I'm from the Market Supervision and Administration Bureau of Guangming District. Then I'll ask you to find out about the situation."
Hey, the speed is not bad, Zhou Yi said: "Well, it's me, what do you want to know?"
"Mr. Zhou, you complained to a restaurant on the 12315 applet three days ago, saying that there were flies in their food, right? Then, the only evidence I see on your side is the photo, so this is a bit question."
"Your evidence is not sufficient, because based on your evidence now, it is impossible to prove that the fly is in the rice itself. Of course, I am not suspecting that you intend it, but that your evidence is insufficient and the proof is not strong enough. enough."
The younger brother on the other side was very polite, and Zhou Yi was also a little confused by what he said. Zhou Cainiao told him before that, don't worry, that evidence is enough.
And now Zhou Yi is also a little curious, if this is the case, ordinary people can't defend their rights in this area at all.
"Comrade, wait a minute, what you mean is that my meal is opened, and then there is only the photo with flies in it, right? But comrade, in terms of general rationality, it is impossible for anyone to eat a meal and return it." Make an unboxing video, it’s not realistic.”
"And there is no camera in the house. I don't think many people can come up with the evidence you mentioned."
I didn't ask Zhou Cainiao clearly at the beginning, so Zhou Yi didn't know what the specific rules were.
But he used the simplest logic to understand this matter, and felt that it was unrealistic.
If this is the case, then there is no way to protect rights in the field of food delivery, but the inside of the store is fine, and now generally there are surveillance.
"I can't help this problem. Mr. Zhou, I have to tell you something. You see, since you can say these things, it means that you know something. We all know this. Whoever advocates will provide evidence. You suggest that There are flies in the other party's meal, you have to show enough evidence."
This... Zhou Yi didn't know what to do.
"That comrade, can you wait for a while, I always feel that this is not the case, why don't I go to a lawyer friend and ask, can I call you back when I'm done?"
The younger brother on the opposite side was silent for a while. He probably didn't expect Zhou Yi to say that, but he still agreed.
After hanging up the phone, Zhou Yi dialed Fang Dazhuang's number without stopping.
At this time, of course, Fang Da's appearance is reliable, and the key is that Zhou Yi also wants to figure out this problem.
It is said that the premise of reporting to a lawsuit and legal channels is fixed evidence!
So according to the normal situation, when the evidence is not easy to fix, what should we do?
Or do you record an unboxing video every time you have a meal?
That's really unrealistic.
The call was made, and Fang Dazhuang hadn't spoken yet, but Zhou Yi had already opened his mouth and said, "Fang Dazhuang, paid consultation."
"Okay, let's talk about the problem."
Zhou Yi quickly expressed his previous doubts, and then asked: "Fang Dazhuang, you always said before that whoever advocates who should provide evidence, so what should you do in such a situation?"
"Whoever advocates must produce evidence is a regulation of the Civil Procedure Law." Fang Daxiang in the law firm said with a relaxed expression, "But, it doesn't mean that all civil disputes must use the principle of who asserts who must produce evidence."
"In legal practice, especially in disputes between consumers and sellers, consumers are naturally at a disadvantage, so the Supreme Court also has relevant judicial interpretations."
"That is, whoever makes the claim will provide evidence, unless the law provides otherwise."
"And we also have many principles in litigation proof, such as the principle of inversion of the burden of proof, such as the principle of shifting the burden of proof, etc.,"
Fang Dazhuang started to explain, and Zhou Yi listened very carefully.
Really, it was the first time he had come into contact with these things, which made Zhou, who originally thought that the law was just like that, let his fluttering heart fall to the ground again.
The law is really cumbersome, which is why many lawyers say they don't know much.
"Especially in the field of consumer rights protection, our newly promulgated Consumer Rights Protection Law has relevant regulations. For some durable goods or services, the burden of proof of defects shall apply the principle of inversion of the burden of proof."
For example, if you buy a computer, if the computer has a defect that affects its use, and then there is a dispute over the division of responsibilities, the other party will say that you made it.
So in this case, you don't need to prove it. On the contrary, you need the other party to prove that when they sold you the computer, there was no such flaw in the computer.
This is the inversion of the burden of proof.
In the same way, the shift of the burden of proof is the same.
"In this regard, the Supreme Court's provisions on several issues concerning the application of law in the trial of food and drug dispute cases state that after consumers 'preliminarily prove that there is a causal relationship between the damage and the consumption of food or the use of drugs', the producers and sellers of food and drugs shall It needs to be proven that its damage was not caused by its products failing to meet quality standards."
Uh... Someone Zhou fainted again.
"In human terms, let's put it in your case. You encountered a fly while eating in it. After the other party said that he didn't do it himself, he had to prove that the fly was not done by himself, no matter whether it was intentional or negligent."
This is the shifting of the burden of proof.
It cannot be said that when a dispute arises, the two sides argue with each other. The public says that the public is right and the woman says that the woman is right. There must be a charter for solving the problem, and this is the charter.
Why is there such a regulation, because food and medicine are very special, to what extent, if you buy other things, if you know that you are buying fake products and ask for money after buying them, it is likely to be regarded as extortion!
But food and medicine are exceptions, which are also within the "rules".
That is to say, for food and medicine, knowing and buying fake products is not considered extortion!
Opening a store to sell food has never been so simple, and food and medicine have too much to do with it.
"Okay, I understand, then I'll hang up first!"
After hanging up on Fang Dazhuang's phone, Zhou Yi quickly dialed the number of the little brother, and we will follow the law.
I was planning to write at home for a day yesterday, but there was an accident, and it was not resolved until this afternoon, so the update was much less, but it’s okay, this is a [-]-word chapter, there should be another chapter today, and I’ll wait for tomorrow when it’s over I think I will take a leave of absence, and I will give you two more days to make up for it.
Thank you for putting down a chapter.
These legal theories are all opinions of the same family. After searching many consumer dispute cases, it is found that some judgments apply the transfer of the burden of proof, while others do not. real.
(End of this chapter)
Zhou Yi felt that the halo of the system had started to work again. How could he order a takeaway? This person is so irritable. Is it because he has no education or something.
Originally, he only planned to make the other party pay a few dozen yuan, but now, does this person have to pay 1000 yuan to be satisfied?
It's strange, but it's not surprising, the other party always takes out the platform regulations and asks me to order the insurance or something, but why should there be a problem with your meal, let me order those by myself.
It’s true that there is a platform, but I bought food from you, and now that I have a problem, I must be looking for you directly.
So what should I do now, why don't I find Xiaolan's customer service first?
But I have had similar experience before, no matter how advanced it is, Ah Huang or Xiao Lan, their customer service is very quick to deal with the matters within the regulations.
For example, if you complain to the delivery staff that the delivery is slow, that is simple, a fine will be issued, and by the way, I will give you a coupon for reducing the amount of the full amount.
Anyway, there is no need for the platform to pay for this coupon. In the end, the merchant will pay for it.
The fine is also a fine for the delivery staff, and the inside and outside platforms directly make money.
Anyway, Zhou Yi doesn't regret the big data killing last time, so it's really not too much for these platforms to do such disgusting things.
Mr. Zhou was still hesitating what to do, but at this moment, a notification sounded on WeChat, he picked it up to check, and found that someone had added him as a friend, and the note was the Mala Tang shop.
Eh, is this a discovery of conscience?
Zhou Yi clicked OK to add the other party as a friend, but before he could speak, the other party sent several screenshots.
What is this? Out of curiosity, Zhou Yi began to look at those screenshots.
Then I discovered that this should be a conversation between the Malatang boss and Xiaolan's customer service.
So, I haven't gone to the customer service yet, and the other party has gone to the customer service first?
After reading all the screenshots and conversations, it is very simple, that is, the boss and the customer service said to complain about him!
That's right, the boss directly complained to him first, and the previous triple compensation seemed to really stimulate him, so that he started to complain to the customer service first.
It is said that now a customer finds that there are flies in the food, and then asks him for three times the compensation.
The reply from the customer service is, if you meet such a customer, let him contact the customer service by himself.
It should be explained here that store customer service and consumer customer service are different.
What the customer service said was that if the other party is unwilling to accept the insurance, let him go to the customer service of the consumer.
Not to mention anything else, this screenshot directly made someone in Zhou feel a little angry, which meant to say, if you go to customer service casually, there is no result anyway!
After it was over, the boss sent another voice message.
"Look for yourself. This matter has nothing to do with me. If you don't go for some insurance, that's your own business."
What the hell?Zhou Yi is a little speechless now. Is it my problem or your problem, or is it that the other party is used to letting consumers solve problems through insurance?
To be honest, at first Zhou Yi thought it was troublesome and didn't want to order it, but since that's the case, then... let's make a complaint.
Now many platforms have launched such and other insurance, to be honest, this is a good thing.
If there is any problem, the insurance company will naturally be there.
However, they seem to have forgotten one thing. If there is a problem, you need to find the insurance. It should be you who come to find the insurance, because the other side is the consumer.
No matter how simple the process is, it should be done by you. What the consumers want is direct compensation!
But gradually, because everyone thought "forget it, it's not easy", so when there is a problem, they take the initiative to get insurance, which makes people feel that this should be done in this way!
And how much the insurance can compensate is really hard to say, it is equivalent to directly reducing the amount that should have been compensated according to the law.
Originally, according to Zhou Yi's temper, he was already in the court at the moment, but his life was too comfortable recently, so he was too lazy to go to the court.
Even the regulatory authorities were too lazy to go, so after thinking about it, I found a 12315 applet in WeChat, and then made a complaint on it.
The evidence for the complaint is the photographs taken earlier.
The core point of view is that I ate flies in the food, but the merchant only agreed to the safe eating insurance stipulated by the platform to settle the claim. I wanted to make a claim based on the amount stipulated in the Food Safety Law but was rejected, saying that it only recognized the rules of the takeaway platform, and also Complain to customer service about my legal claim.
Then there is his request, and the compensation will be ten times, because it is less than 1000 yuan, so it should be calculated according to 1000 yuan!
Complained, done.
This is the means that many people will use after encountering problems, online complaints, or telephone complaints.
Generally speaking, there are really few people who go directly to the scene to complain with a lot of material and evidence like Zhou did.
After Zhou Yi complained, he didn't take care of it anymore. Not surprisingly, this kind of online complaint will take a long time to process.
During this period of time, he and Fang Dazhuang, rookie Zhou, had a great time together, and he really didn't want to be affected by it.
And for such a situation, he didn't want to be too serious, just complain online, make a point, and let the boss receive some education.
Mr. Zhou started a life of drunkenness and dreams again, and the weather has gradually turned cold. According to the normal situation, Jingzhou will start heating.
Heating is a major event in the northern region!
Heating is something that only those who have used it will know how cool it is, and the coldness in the south in winter can paralyze the soul.
We moved in this year, so Zhou Yi planned to ask Grandma Liu how to pay the heating fee and how the heating situation was in previous years.
After packing up, he was about to go out, but the phone rang, and when he connected, the other party claimed to be Xiaolan's customer service.
Said that because he complained, they called to fix the problem.
"Mr., we can only tell you this. Our platform has regulations. If something goes wrong, we have to pay according to the insurance. Your so-called ten-fold compensation claim really doesn't meet the regulations..."
Having experienced the baptism of major companies, Zhou Yi will no longer get angry because of such a trivial matter.
The platform stipulates that this is a sentence that you will encounter in many cases when you go to defend your rights.
This is the rule here, and we don't even mention whether your rule is illegal!
Coincidentally, what Zhou is best at, that is, the most serious thing, is your rules.
Whoever said that you have to listen to the rules, if the rules are wrong, you have to change them!
Or you can ask about the level, after all, Ah Huang and you Xiaolan were the ones who were lying on the gun last time, oh, there is another guy who is even more unlucky, so it's okay.
"Let me ask you, is it because your platform has more regulations or laws? You are a customer service face and don't know the most basic legal principles? Higher-level laws are higher than lower-level laws, and special laws are better than ordinary laws. When did your platform's regulations Are they above the law?"
"If everything is in accordance with your regulations, what is the need for the Food Safety Law?"
Hearing that the other party seemed to be planning to fool, Zhou Yi said directly: "Okay, you don't need to talk about it, I also know that you have no power, and this matter has nothing to do with the platform."
"I will continue to report, please rest assured."
After finishing speaking, Zhou Yi hung up the phone directly. This is none of your customer service business. I am also reporting the business.
Open the applet to check the progress. Sure enough, it has arrived at the Market Supervision Bureau of Guangming District, Jingzhou City.
The procedure is still the same, and there is an advantage to reporting directly to the market supervision department in Guangming District, which can solve the problem directly and quickly.
To report online, you have to wait for this matter to go down from the reporting platform above to the Guangming District layer by layer, and then the Guangming District will take over.
Let's go to Grandma Liu's house first. It is estimated that it will be the call from the supervision department or the boss.
After carrying some things, Zhou Yi went up to the seventeenth floor and knocked on the door of Grandma Liu's house.
By the way, I also looked at my new neighbor upstairs. I have seen him a few times since he moved in. It seems to be a family of three, and there is no noise.
The door opened, Grandma Liu looked outside, and smiled immediately: "Zhou Yi? Come in quickly, come in quickly."
Zhou Yi came in for a casual look, and suddenly found something inexplicable.
Such as belts, insoles, and some strange medicines, of course, maybe health care products.
Looking at the sofa again, a girl stood up with a smile on her face. She was the girl I saw in the elevator last time. Looking at the situation, she seemed to be very close to Grandma Liu.
"Come on, come on, why bring these things, sit down quickly."
After Grandma Liu finished speaking, she pointed to the girl next to her and said, "This is Wang Rui, and it's that... from that company, let me experience their products."
"Oh, hello." Zhou Yi stretched out his hand.
Wang Rui also quickly extended his hand with a smile on his face.
"You always go to the Three Treasures Hall for nothing this week, what's the matter?" Grandma Liu joked.
Zhou Yi looked at Wang Rui, and said immediately, "Isn't the heating going to start soon? I want to ask you where we pay the heating fee and what is the standard?"
"Oh, this, on the left hand side of our community, about one kilometer away, there is a site of a heating company. You can go there with the property right certificate and bind it, and then you can hand it in directly."
"Standards, we in Jingzhou have the same standard, the same as before."
Zhou Yi nodded and said, "That's fine, thank you Grandma Liu."
"Oh, by the way, Miss Wang, what company are you working for?"
Wang Rui hurriedly said: "Our company is called Tiancheng Company. The company specializes in some health care products for the elderly. If you have elderly people in your family, you can also introduce them to us."
"Oh yes yes." Zhou Yi was about to say something when the phone rang again.
"Grandma Liu, I'm leaving first, you are busy."
After leaving Grandma Liu's house, Zhou Yi was a little suspicious. This Wang Rui should be the salesman of Tiancheng Company, selling health care products.
Health care products for the elderly claim to be as profitable as women's cosmetics!
Let's answer the phone first.
"Hello, it's Mr. Zhou. I'm from the Market Supervision and Administration Bureau of Guangming District. Then I'll ask you to find out about the situation."
Hey, the speed is not bad, Zhou Yi said: "Well, it's me, what do you want to know?"
"Mr. Zhou, you complained to a restaurant on the 12315 applet three days ago, saying that there were flies in their food, right? Then, the only evidence I see on your side is the photo, so this is a bit question."
"Your evidence is not sufficient, because based on your evidence now, it is impossible to prove that the fly is in the rice itself. Of course, I am not suspecting that you intend it, but that your evidence is insufficient and the proof is not strong enough. enough."
The younger brother on the other side was very polite, and Zhou Yi was also a little confused by what he said. Zhou Cainiao told him before that, don't worry, that evidence is enough.
And now Zhou Yi is also a little curious, if this is the case, ordinary people can't defend their rights in this area at all.
"Comrade, wait a minute, what you mean is that my meal is opened, and then there is only the photo with flies in it, right? But comrade, in terms of general rationality, it is impossible for anyone to eat a meal and return it." Make an unboxing video, it’s not realistic.”
"And there is no camera in the house. I don't think many people can come up with the evidence you mentioned."
I didn't ask Zhou Cainiao clearly at the beginning, so Zhou Yi didn't know what the specific rules were.
But he used the simplest logic to understand this matter, and felt that it was unrealistic.
If this is the case, then there is no way to protect rights in the field of food delivery, but the inside of the store is fine, and now generally there are surveillance.
"I can't help this problem. Mr. Zhou, I have to tell you something. You see, since you can say these things, it means that you know something. We all know this. Whoever advocates will provide evidence. You suggest that There are flies in the other party's meal, you have to show enough evidence."
This... Zhou Yi didn't know what to do.
"That comrade, can you wait for a while, I always feel that this is not the case, why don't I go to a lawyer friend and ask, can I call you back when I'm done?"
The younger brother on the opposite side was silent for a while. He probably didn't expect Zhou Yi to say that, but he still agreed.
After hanging up the phone, Zhou Yi dialed Fang Dazhuang's number without stopping.
At this time, of course, Fang Da's appearance is reliable, and the key is that Zhou Yi also wants to figure out this problem.
It is said that the premise of reporting to a lawsuit and legal channels is fixed evidence!
So according to the normal situation, when the evidence is not easy to fix, what should we do?
Or do you record an unboxing video every time you have a meal?
That's really unrealistic.
The call was made, and Fang Dazhuang hadn't spoken yet, but Zhou Yi had already opened his mouth and said, "Fang Dazhuang, paid consultation."
"Okay, let's talk about the problem."
Zhou Yi quickly expressed his previous doubts, and then asked: "Fang Dazhuang, you always said before that whoever advocates who should provide evidence, so what should you do in such a situation?"
"Whoever advocates must produce evidence is a regulation of the Civil Procedure Law." Fang Daxiang in the law firm said with a relaxed expression, "But, it doesn't mean that all civil disputes must use the principle of who asserts who must produce evidence."
"In legal practice, especially in disputes between consumers and sellers, consumers are naturally at a disadvantage, so the Supreme Court also has relevant judicial interpretations."
"That is, whoever makes the claim will provide evidence, unless the law provides otherwise."
"And we also have many principles in litigation proof, such as the principle of inversion of the burden of proof, such as the principle of shifting the burden of proof, etc.,"
Fang Dazhuang started to explain, and Zhou Yi listened very carefully.
Really, it was the first time he had come into contact with these things, which made Zhou, who originally thought that the law was just like that, let his fluttering heart fall to the ground again.
The law is really cumbersome, which is why many lawyers say they don't know much.
"Especially in the field of consumer rights protection, our newly promulgated Consumer Rights Protection Law has relevant regulations. For some durable goods or services, the burden of proof of defects shall apply the principle of inversion of the burden of proof."
For example, if you buy a computer, if the computer has a defect that affects its use, and then there is a dispute over the division of responsibilities, the other party will say that you made it.
So in this case, you don't need to prove it. On the contrary, you need the other party to prove that when they sold you the computer, there was no such flaw in the computer.
This is the inversion of the burden of proof.
In the same way, the shift of the burden of proof is the same.
"In this regard, the Supreme Court's provisions on several issues concerning the application of law in the trial of food and drug dispute cases state that after consumers 'preliminarily prove that there is a causal relationship between the damage and the consumption of food or the use of drugs', the producers and sellers of food and drugs shall It needs to be proven that its damage was not caused by its products failing to meet quality standards."
Uh... Someone Zhou fainted again.
"In human terms, let's put it in your case. You encountered a fly while eating in it. After the other party said that he didn't do it himself, he had to prove that the fly was not done by himself, no matter whether it was intentional or negligent."
This is the shifting of the burden of proof.
It cannot be said that when a dispute arises, the two sides argue with each other. The public says that the public is right and the woman says that the woman is right. There must be a charter for solving the problem, and this is the charter.
Why is there such a regulation, because food and medicine are very special, to what extent, if you buy other things, if you know that you are buying fake products and ask for money after buying them, it is likely to be regarded as extortion!
But food and medicine are exceptions, which are also within the "rules".
That is to say, for food and medicine, knowing and buying fake products is not considered extortion!
Opening a store to sell food has never been so simple, and food and medicine have too much to do with it.
"Okay, I understand, then I'll hang up first!"
After hanging up on Fang Dazhuang's phone, Zhou Yi quickly dialed the number of the little brother, and we will follow the law.
I was planning to write at home for a day yesterday, but there was an accident, and it was not resolved until this afternoon, so the update was much less, but it’s okay, this is a [-]-word chapter, there should be another chapter today, and I’ll wait for tomorrow when it’s over I think I will take a leave of absence, and I will give you two more days to make up for it.
Thank you for putting down a chapter.
These legal theories are all opinions of the same family. After searching many consumer dispute cases, it is found that some judgments apply the transfer of the burden of proof, while others do not. real.
(End of this chapter)
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