I was watched by the Internet police during the live broadcast of law popularization?

Chapter 151 Zhang San I Was Sued by the Bank?
"Whether you can send him in or not depends on whether the other party has any illegal problems."

Hearing the question from a netizen, Li Chen answered for him: "If you analyze this issue according to your thinking, the behavior of the other party is not simply deceiving consumers.

What you bought was a computer keyboard worth thousands of yuan, but the other party sent you an old keyboard that you don’t know how many hands you have.

The main problem is false advertising.

The thing described by the merchant is completely different from the entity.

As for the merchant, you need to explain clearly to you why the goods you received are like this, is it a human error or is it just relying on this model to make money. "

Li Chen pushed his glasses: "This is the only point that the other party can distinguish, that is, they don't deny their problems, and they apologize and refund afterwards to appease consumers' anger.

In your case, you reported the problem to the merchant, but the merchant tried to deny his problem, put the responsibility on you, said that you were extorting money, and even reported the case to the police, which resulted in you being summoned by the police. His behavior was bad, The means are scary.

This means that you have evidence to prove your innocence, what if you don't?

In summary, this is no longer a simple civil dispute, but a very serious criminal issue.

When it comes to criminal cases, there are two solutions:
The first is to report the crime directly and hand over the problem to the law enforcement agencies.

The second is that a criminal case is accompanied by a civil lawsuit.

Article 1 of the Chinese Criminal Procedure Law: If the victim suffers material losses due to the defendant's criminal acts, he has the right to file an incidental civil lawsuit during the criminal procedure.

There are two solutions, one is to only find out the crime, hand it over to the local prosecutor's office for prosecution, and the merchant will lose money to obtain an understanding, and the whole process will not be taken care of.

An incidental civil action shall be filed after the criminal case is filed and before the judgment of the first instance is announced.

In the case, you are an individual, and you can directly file an incidental civil lawsuit to the court, and you should lose money and go to jail. "

the other side.

Lin Kaifeng's eyes lit up when he heard this sentence.

Originally, his idea was very simple, that is, to send the other party in, and he was also prepared not to accept the understanding.

Lose money and go to jail?
This is good!
Thinking of this, Lin Kaifeng continued to ask: "If I want the other party to pay compensation and go to jail, what should I do?"

Studio.

After hearing his inquiry, Li Chen began to answer: "For the specific operation, you can ask a lawyer to help you intervene."

As an online lawyer, all Li Chen can do is answer questions for him, rather than explain specific steps.

The specific operation process and detailed answers are what a lawyer should do...

After disconnecting Lianmai, Li Chen continued to answer this question for netizens: "Just now this netizen used his own personal experience to teach us a lesson.

As consumers, when faced with such a problem, if there is no accurate evidence to prove that the merchant issued a fake product, it is easy to get burned.

In daily life, it is impossible for anyone to say that they will have the heart to completely record the whole process from receiving the courier to unpacking the courier.

This is also a real problem in everyday life.

There is no way to prove the merchant's problem, that is our own problem.

You received a fake product, but you can’t produce any evidence to prove that the fake product was issued by the merchant, and in the end, you can only bear everything silently. "

"Of course, his situation is only a small number of cases, but it is enough to wake us up.

People and people keep a little precaution, but they are also responsible for themselves.

As I said in the case of extortion, the victim becomes the defendant, isn't that the case? "

Hearing his words, the netizens in the live broadcast room also expressed their doubts, and Li Chen also chose the key points to answer the questions:

"I bought something in a physical store before. When I bought it back, I opened it and found it was a fake. I went to the store owner. The hairy store owner told me that he would not be responsible for leaving the store."

"The statement that Ligui is not responsible has no legal effect. It is an invalid standard clause. The invalid standard clauses include the party providing the standard clause unreasonably exempting or reducing its liability, increasing the other party's liability, limiting The main rights of the other party, and the party providing the standard terms excludes the main rights of the other party.”

Li Chen took a sip of tea and began to answer the question: "Article 28 of the "Product Quality Law" stipulates that if the product sold is defective, the seller shall be responsible for repairing, replacing, and returning the product. This is what we usually call the implementation of the "three guarantees." ".

As early as August 1995, 8, the State Economic and Trade Commission, the State Bureau of Technical Supervision, the State Administration for Industry and Commerce, and the Ministry of Finance jointly issued the "Notice on Printing and Distributing the Regulations on Responsibilities for Repair, Replacement and Return of Some Commodities", which further implemented the "three-dimensional policy" on consumer shopping. package" into practice.

In reality, the real situation we are facing is that some merchants will hide their positions.

You said that the fakes you bought in my store are all genuine ones, and you have no evidence to prove that you bought the fakes in my store.

This is a point of contradiction. We cannot rule out that some people will have ulterior motives and ask for compensation by shoddy.

In the case of sufficient evidence to prove themselves, the merchant's so-called non-return behavior after leaving the cabinet has no effect, and it can also file a complaint with the Consumer Association. "

"Isn't the bank the same way? They are not responsible for withdrawing money and leaving the cabinet. When depositing money, they have to ask for it back. If you don't refund the money, you will be unjustly enriched."

This is the second major problem, and many netizens have deep resentment towards the bank.

"This problem is actually the same as that of businesses."

Li Chen began to talk about his own views: "When depositing money, the bank will check the amount of your deposit.

Many people may be deceived by the saying that they are not responsible for leaving the cabinet, and they will have an idea that they should not be responsible for saving money.

Zhang San took 5 yuan to the bank to deposit. During the deposit process, the real amount of the deposit was 7000 yuan, but it was not found out at the time that it was too small. In fact, Zhang San did omit [-] yuan. The bank informed Zhang San, and Zhang San refused to repay the loan on the grounds that he would not be responsible for leaving the counter, and was finally sued by the bank for unjust enrichment. "

Hearing Zhang San's appearance in the live broadcast room, he immediately became lively:
"Zhang San: Are you suing me for unjust enrichment? Are you sure??"

"Zhang San: Someone always challenges me, very good, I accept your challenge."

"Zhang San: This is a simple case, and I'm ready to send the bank staff in."

"Zhang San: Who sued me? Want to go in?"

"My third brother is involved in this matter, if I don't sue the bank backhand, I will lose!"

Li Chen: ...

(End of this chapter)