Information of state enterprise credit is public show a system to show, beijing is versed in substation of Haidian of management board of commercial firm politics was released a few days ago, develop to science and technology of golden melon seeds (Beijing) limited company (the following abbreviation " melon seeds is secondhand car " ) administrative punishment decides a book, amerce adds up to 12.5 million yuan. This incident, become public opinion heat quickly to discuss a topic. And Beijing is versed in substation of Haidian of management board of commercial firm politics gives out " day price " punish sheet, the reason is at melon seeds two handcart ever were in advertisement conduct propaganda use " establish one year, clinch a deal quantity with respect to be far ahead " ad saying, lack factual basis, not agree with with actual condition, violated advertisement law relevant provision.
In associate with, internet enterprise is violated because of advertisement compasses and the thing that is fined by relevant section is counted deeply more, but amerce amount often is in 10 thousand yuan, tens of 10 thousand yuan or so. And to melon seeds this two handcart open an a huge sum of 12.5 million to punish sheet, let industry do it astounded. For this, the expert inside course of study of special interview of specially invite of bright network reporter -- university of Chinese politics and law spreads a standard Zhu Wei of research center vice director, director Zhu Wei punishs single issue to give out to this second a huge sum professional view.
Zhu Wei thinks, melon seeds is secondhand the car is left to give day price to punish sheet reasonable, should see relevant section how qualitative. If qualitative for melon seeds two handcart covert use " most " word advertisement, so day price punishs sheet is unreasonable apparently. Because according to advertisement law the 57th sets, covert use " most " word advertisement, by industrial and commercial administration the branch is instructed stop to release advertisement, to advertisement advocate be in million of 200 thousand yuan of above yuan the following amerce. Very apparent, the amerce of 12.5 million is head and shoulders above corresponding amount.
In the reporter in interviewing, zhu Wei still mentions another qualitative likelihood -- if relevant section involves false conduct propaganda according to advertisement content,go qualitative word, the scale that should expend according to advertisement so will fine. The absolute amount that cannot see amerce amount purely accordingly is high, should look more sentence punish reasonable. Zhu Wei expresses, secondhand to melon seeds of the car sentence punishing is unreasonable.
Above all, the standard that Zhu Wei thinks administration punishs the data in deciding a book to collect is unsharpness. If melon seeds is secondhand,the car has the propagandist act that violates advertisement law really, should collect so have authority more, also more by data of industry place approbatory. But while relevant section collects the data such as everybody car, collected impertinent time again paragraph melon seeds is secondhand car data, it is not objective that such data collects means. Nature also cannot let be sincerely convinced by punisher, cannot take more numerous.
According to showing, the data that administrative punishment decides to be collected in the book was August 2015 - melon seeds is secondhand in July 2016 the sale data of the car. But melon seeds is secondhand the predecessor of the car is good car of go to market, former held water in September 2015. This is meant, what relevant section collects data is part-time two handcart had not established paragraph of melon seeds. And relevant section collects what data is aimed at is company of golden melon seeds, but latter holds water in the ability at the beginning of 2016.
Next, if be defined according to false conduct propaganda, the relevant provision in advertisement law has a premise -- the possibility that should have misdirect customer. This is meant, "Be far ahead " only misdirect consumer goes to ad saying two handcart consume melon seeds, or it is beguiling consumer, ability can make false conduct propaganda. But very apparent, two handcart do not have melon seeds misdirect consumer. Zhu Wei thinks, even if data is put in controversy, but the amerce of 12.5 million is exorbitant, because melon seeds is secondhand,the ad saying of the car did not involve false conduct propaganda.
Finally, of the competition that Zhu Wei thinks to be punished this or stems from certain business likely lift, relevant nevertheless section considers should morely from consumer angle. He still expresses, the core of advertisement law is the rights and interests that protects consumer. Accordingly, relevant section should enquire consumer is represented, see melon seeds the ad saying of two handcart causes negative effect to them.
Generally speaking, the act that violates advertisement law is inform against by consumer. But this day price punishs sheet leave piece, it is however inform against because of what be everybody car, still collected the data of everybody car even, this is worth ponder very much.
Zhu Wei still thinks, present punishment still does not belong to final ruling, should be not made public. Two handcart also applied for melon seeds administration is reconsidered, there can be what kind of final conclusion after all finally still unknown. In light of the statement that from melon seeds administration of two handcart application reconsiders, "Clinch a deal measure be far ahead " ad saying is those who be based on a fact is objective state.
