Old mark / " Chinese estate signs up for " small letter fair number
This, those who go up sit in dock to turn Hainan province city into superintendency department of two class market.
On May 6 morning, big talk city is beautiful court of flower division people is sessional, this open a court session still follows big talk " dreamy big city " -- favour auspicious new city Beijing University building of China government office dish the project is concerned. Nevertheless, this is sessional, project of real-estate of China government office develops big talk Beijing University business -- Hainan favour auspicious new city is industrial limited company (the following abbreviation " favour auspicious company " ) with accuser identity, market of big talk city supervisory management board, Hainan saves the market to supervise management board to save two class markets of city to superintend a branch to tell a court. Cause is its are versed in by city of original big talk management board of commercial firm politics is maintained " false conduct propaganda " , and " eat " issued a piece 500 thousand yuan punish sheet.
Chinese estate signs up for a reporter to understand, before this, because buy room issue, china government office buys big talk Beijing University more than times 70 room person early or late Jiang Enxiang company tells a court. Among them, on April 3, court of people of show flower division the case of the dispute that buy a house with 39 basic and same situations, do and case cognizance.
With big talk Beijing University photograph of China government office buys room dispute case associatedly, taller frequency ground gives the near future the front courtyard careful of court of show flower district is medium now, and those who involve the number that buy a house, cause the outside naturally to pay close attention to extensively. Legal personage thinks, the final trend of the case will give Hainan estate similar incident brings the market to draw lessons from a meaning certainly.
Shape of room look forward to accuses two class market to superintend a branch
On May 6 morning 9 when make, open a court session of court of flower division people tried show of big talk city favour auspicious company accuses market of big talk city supervises management board, Hainan to save the market to supervise management board administration to punish dispute one case.
This is not complex case, basically involve a building to trade.
Incident origin passes as follows: On September 18, 2018, of the person that according to big talk Beijing University China government office buys a house complain and big talk city stays in those who build a branch to come around " about submitting to favour auspicious project of China government office is suspected of new city Beijing University violate the letter that violates compasses behavior to investigate " , door of The Ministry of Commerce and Industry is right center of building of carry out of government office of Beijing University China undertook checking lawfully, will undertake to this case on September 19 put on record is investigated.
Be year on September 27, big talk city is beautiful Men Xiangen of flower area The Ministry of Commerce and Industry auspicious company make known to lower levels " inquiry advice note " ; On September 28, on October 24, the door is opposite The Ministry of Commerce and Industry of show flower area favour auspicious company side had an inquiry and made " the inquiry notes " . On October 22, 23 days, the door is opposite The Ministry of Commerce and Industry of show flower area delegate of the person that buy a house also undertook enquire and was makinged " inquiry (investigation) note " .
A series of inquiry investigation of door of local The Ministry of Commerce and Industry lasted a many month. In those days on November 1, service of company of Xiang Enxiang of door of The Ministry of Commerce and Industry " administrative punishment hearing of witnesses informs a book " , dan Enxiang company did not put forward to hold the requirement of hearing of witnesses inside legal time limit. On November 7, company of Xiang Enxiang of door of The Ministry of Commerce and Industry made " administrative punishment decides a book " , instruct favour auspicious company stops to violate act instantly, make the administrative punishment that fines 500 thousand yuan to its.
Should decide the book is maintained, business of development of project of government office of Beijing University China is sold to expand, those who increase a business is famous degree of false conduct propaganda that undertakes notting agree with with the fact external, its behavior already formed " People's Republic of China opposes unfair competition law " the 8th the first: "Evaluation of state of the property that operator must not use its commodity, function, quality, sale, user, Ceng Huorong praise the commercial conduct propaganda that waits for false fetching perhaps misunderstanding, consumer of deceit, misdirect " behavior of indicating false conduct propaganda.
On December 19, 2018, favour auspicious company builds the Hainan that stand to save the market to supervise management board to put forward administration to reconsider application to new group, request door of The Ministry of Commerce and Industry to make afore-mentioned " administrative punishment decides a book " .
On March 12, 2019, hainan province market supervises supervisory management board to make relevant " administration reconsiders decision book " , think door of The Ministry of Commerce and Industry is made afore-mentioned " administrative punishment decides a book " , cognizance fact is clear, evidential authentic, applicable basis is correct, the process is legal, content is proper, the decision gives maintain.
Favour auspicious company refuses to obey to this, afore-mentioned two class markets supervisory management department appeals to to the court.
Development business denies false conduct propaganda
Chinese estate signs up for a reporter to understand, in front courtyard careful, the court induced bilateral controversy focus and judicial investigation key: The action that the administrative punishment that city of original big talk is versed in management board of commercial firm politics is made and the administration that Hainan saves the market to supervise management board to make reconsider is legal; The factual basis that administrative punishment maintains is comfortable with law whether appropriate, program breaks the law etc.
Accuser favour auspicious company side thinks, its are nonexistent false conduct propaganda, the person that buy a house is right experience case building dish project door be being transformed with the space is clear; Statute of the accused comfortable use is wrong, the program breaks the law.
Tell to say formerly, the accused basis " People's Republic of China opposes unfair competition law " the 8th punish the first times to its, without fact and legal basis. According to our country " oppose unfair competition law " the 8th the first regulation, "False conduct propaganda " basically making important document is, the content that its publicize is " evaluation of state of the function of commodity, function, quality, sale, user, Ceng Huorong praise " . In this case, the content that its publicize is but " upgrade " for more large family, it is right merely commodity house decorates transformed tentative idea, proposal, do not accord with " false conduct propaganda " make important document.
Publicizing to the person that buy a house in, accuser spot staff member all is accused according to real phase, extremely why " consumer of deceit, misdirect " behavior. Project door picture expresses clearly " extend a space to make an appointment with " how many square metre, add black label to extending a space, right door model the space that make a room is white the bottom marks, the area making a room of house of experience case commodity and extend the information be clear at a glance such as position of area, area, black and white and trenchant, nonexistent misdirect.
Spot staff member also is made clearly explain, specification, about door model the pertinent information such as transformed tentative idea, the person that buy a house is clear without buy just now by accident, decorate a company to sign with tripartite decorate transform an agreement, pay transform expense, owner is known perfectly well and accept of one's own accord, nonexistent con. Additional, the program of project of house of experience case commodity, newspaper builds information to be government sector collect and the governmental information that master, person of relevant rights and interests has authority to consult lawfully.
Accuser still alludes, the administration that city of original big talk is versed in commercial firm branch is made is punished and discuss without crossing collective of executive authority controller, the order of this administration action violates. Hainan saves the market to supervise management board to did not grant to find out and be corrected to this punishment, the reconsidering decision that make also should give cancel.
Accuser thinks, 500 thousand yuan of administration that the accused makes are punished, affected the market with normal prosecutor badly to run an activity, belong to heavier administrative punishment.
The accused states punishment has " real hammer into shape "
But the respect such as supervisory management board of market of city of the accused big talk expresses, it is clear that its hold a fact, applicable law basis is correct, the process is legal, and evidential authentic.
The accused thinks, its are mixed to the illegal conduct character of accuser, clue executive basis is maintained accurate. Accuser is in door model in propagandist book, the structure that builds the journal is strengthened board with the balcony conduct propaganda is " bedroom " or " study " , its behavior is the false conduct propaganda of pair of building functions and function, business of the accused cognizance development is sold to expand, those who increase a business is famous degree of false conduct propaganda that undertakes notting agree with with the fact external, disobeyed " oppose unfair competition law " relevant provision.
The accused respect says, carry the investigation of pair of person that buy a house, the spot staff member of center of carry out building did not inform newspaper of government office of Beijing University China to build according to the facts to the person that buy a house door model with door model propagandist data not conform to and door model the particular case that transforms around, the person that buy a house is not clear about in the around that buy a house among them the function of certain room is strengthen by the structure board or the balcony transforms, be in already consign all or after the part buys house fund, the person that buy a house sees ability is clear about the contract to be built actually with the newspaper not agree with.
The accused expresses, door model its are so called in the graph black and white and divisional, be not anybody witting the meaning of its action and expression, and also did not make a specification to so called black and white label, the structure is strengthened board or direct label is on plan of balcony door propaganda " bedroom " or " study " etc, not was clear that indicating is strengthen by the structure board or the balcony is transformed and become. For example: C5 door conduct propaganda is 4 rooms two hall two defend, but actual newspaper is built door model for two rooms two hall two defend, sign up for among them build Central Plains structure to strengthen board positional label is " bedroom " , the positional label that the newspaper builds Central Plains balcony is " study " , accuser is right door model of true condition conceal misdirect the person that buy a house.
The person that buy a house thinks its are signed decorating an agreement is right the building undertakes decorating, pay fee, not clear door model on the graph " bedroom " or " study " transform, and decorating an agreement to go up to did not reflect accuser place to mention door model the pertinent information such as transformed tentative idea.
The accused thinks, the illegal behavior of accuser, find out through its, since began in May 2018, it is facilitating sale favour auspicious new city Beijing University the building of new development of China government office, development business extends to the person that buy a house in center of building of its carry out propagandist data publicizes this building dish when, conceal true condition of purpose, with the building medium a few clearing can change his costume or dress for the room, in publicizing a data " upgrade " for more large family graph.
The accused respect still expresses, make afore-mentioned 500 thousand yuan administration punishment, instruct development business to stop to publicize illegal action phonily instantly, it is to pass collective of executive authority controller to discuss.
"The administration that the accused makes to accuser is punished, it is integrated and whole fact, it is not just receive consumer complain, the behavior of accuser disturbed badly already market order, create unfair competition to other estate project. Accuser why not dare ground of do sth on a large scale goes publicizing, because develop a wife person that business is estate, compare understanding to relevant law laws and regulations, go conciously avoid risk, so (this kind of illegal behavior) ground of can little scope undertakes conduct propaganda. So (this kind of illegal behavior) ground of can little scope undertakes conduct propaganda..
Be aimed at this case, the court adjudges choose an auspicious day.
(primary problem is " refuse to obey 500 thousand yuan of punishment " government office of Beijing University China " development trade account accuses Hainan to save two class markets of city to superintend a branch " )
