Recently, C2C, an idle C2C trading platform considered to be the "third pole" of Ali retail, handed over its first report card. On September 7, the disclosed data of Freefish showed that as of August, more than 1.1 billion people had published and shared content on Freefish. From August 2017 to July 2018, the platform's GMV (total commodity transactions) was close to 90 billion yuan is about to break through the 100 billion yuan mark. However, recent media reports said that due to problems such as information asymmetry, lack of standardization of product evaluation, and lack of credit disciplinary mechanisms, many consumers encountered trading disputes or consumer fraud on second-hand trading platforms.
For example, some people have purchased the "Metro Employee Card" on Idle Fish, and the seller claims that this card can take public transportation free of charge, 200 subways per month, and is guaranteed for 3 years. Many subway commuters are "attractive" and buy between 1,000 yuan and 1888 yuan. I did not expect that the card will soon be unavailable. Later, because he could not find the object of the complaint, the suit was sued, and the deceived person fell into a dilemma of defending rights.
Chen Yinjiang, deputy secretary-general of the Consumer Law Protection Law Research Association of the Chinese Law Society, previously said that the "employee card" scam has occurred in previous years. Criminals have stolen some cardholder information, forged "clone cards" by illegal means, and sold them at low prices. When hawking claims that it can be used for several years, it will usually be blocked after a few months.
Xianyu customer service staff explained that because the platform products are in the billions, the system will automatically investigate, and illegal products will be put on the shelves of the system. Customer service staff also said that similar products will be penalized. But similar situations continue to ban.
How can I protect my rights when I am cheated when buying or selling on a second-hand trading platform?
Lack of industry regulation on trading platforms
From idle fish to round-robin, from JD.com to Pocket.com, the public's acceptance of idle goods transactions is getting higher and higher, and e-commerce leaders have made arrangements, and the second-hand trading market has ushered in a wave.
Data show that as of the end of 2017, the scale of China's idle goods transactions reached 500 billion yuan, and it was growing at a rate of more than 30% per year. In 2017, the number of online second-hand transaction users in China has reached 76 million, with a growth rate of 55.1%.
However, many buyers have been cheated in second-hand transactions. An online complaint was made at the "Xianyu Service Agency" entrance of the Xianyu APP. The intelligent customer service stated that the seller of the second-hand trading platform could not force the seller to provide after-sales service because of the non-operating nature of the seller.
Taking the used car trading platform as an example, some buyers bought the accident car, and some owners sold the car on the platform, but found that the car was sold to a used car dealer. Internet essay founder Jiang Yang told reporters: "The biggest reason is that the second-hand car e-commerce industry is not standardized as a whole, and the platform cannot play a perfect role as an intermediary, resulting in opaque transaction processes, and real car conditions cannot be guaranteed." Jiang Yang pointed out The channels of the new product trading platform are relatively fixed. Whether it is a self-operated official website or a large e-commerce platform, the service is relatively complete. Generally, there will be a direct endorsement by the brand company, so the probability of problems is relatively low. The second-hand transaction e-commerce started late, and the entire industry is still in a mixed stage, and the industry's supporting supervision is difficult to perfect. In addition, the second-hand transaction chain is more complicated, causing industry problems.
Transaction protection measures are not easy to cash out
It is understood that the current chaos governing the second-hand trading platform mainly depends on the autonomy of the platform. For example, Xianyu introduced sesame credit, Taobao user level, and also formulated the Xianyu Convention to handle disputes. Jiang Yang introduced that several mainstream second-hand car e-commerce companies, including Youxin, Guazi, and Renren Car, have adopted some technical measures to address the fraud problem and have corresponding after-sales services.
"But in fact, many users report that these safeguards are not easy to implement." Jiang Yang suggested that when consumers encounter fraud problems, they must actively communicate with the platform on the one hand, and also use legal weapons such as the Consumer Rights Protection Law to maintain Legitimate rights and interests.
However, there are no legal provisions specifically for online second-hand trading platforms. Chen Bing, a professor of Nankai University School of Law and executive director of the Center for Competition Law and Policy Research, said in an interview with reporters from Science and Technology Daily: "No matter the second-hand trading platform, or other types of direct or intermediary platforms are platforms, there is no legal aspect. It's special. "
He pointed out that user rights and interests have been infringed, and remedies can be sought through e-commerce law and consumer rights protection law. Article 44 of the Consumer Rights Protection Law stipulates that if a consumer purchases goods or receives services through an online trading platform and their legitimate rights and interests are damaged, they may claim compensation from the seller or servicer.
The e-commerce law passed at the fifth meeting of the Standing Committee of the Thirteenth National People's Congress on August 31 also stipulates that the operators of e-commerce platforms have not taken necessary measures against the infringement of consumers' legitimate rights and interests by the operators on the platform, or Operators failing to meet their qualification qualification review obligations or consumers failing to meet their security guarantee obligations shall be ordered to make corrections within a time limit by the market supervision and administration department, and may be fined 50,000 to 500,000 yuan; if the circumstances are serious, they shall be ordered Suspension of business for rectification and fines ranging from 500,000 yuan to 2 million yuan.
"Before the e-commerce law came into effect, a contract signed for fraud can be cancelled in accordance with Article 54 of the Contract Law. If the crime of fraud is constituted, criminal liability should be investigated in accordance with the law, such as the crime of contract fraud stipulated in Article 224 of the Criminal Law." Liu Junhai, a professor at Renmin University of China and a member of the Advisory Committee for Electronic Commerce Experts of the Ministry of Commerce, said in an interview that the Internet is no bigger than the French Open.