"Whether he can be sent in or not depends on whether the other party has illegal problems."

Hearing the netizens' questions, Li Chen answered for him: "If you analyze this problem according to your thinking, the other party's behavior is not simply to deceive consumers."

What you bought was a computer keyboard worth thousands of yuan, and the other party sent you an old keyboard that you don't know how many hands it had.

The main problem is false propaganda.

The thing described by the merchant does not match the entity at all.

And the merchant needs to explain clearly to you why the goods you received are like this, whether it is human error or relying on this model to make money. ”

Li Chen pushed his glasses: "This is the only point that the other party can discern, that is, not to deny their own problems, and to calm the anger of consumers in the form of apologies and refunds afterwards."

In your case, you reported the problem to the merchant, but the merchant vigorously denied his own problem, pushed the responsible party on you, said that you were extortion, and reported the case to the police, resulting in you being summoned by the police.

This means that you have proof of your innocence, what if you don't?

To sum up, 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 case directly and refer the problem to the law enforcement agencies.

Second, civil litigation is attached to criminal cases.

Article 101 of the Criminal Procedure Law of the People's Republic of China provides that where a victim suffers material losses as a result of the defendant's criminal conduct, he has the right to initiate an attached civil lawsuit in the course of criminal proceedings.

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 loses money to get forgiveness, and the whole process is not taken care of.

Attached civil litigation shall be initiated after the criminal case is filed, before the first-instance judgment is announced.

In the case, if you are an individual, you can directly file an attached civil lawsuit with the trial court, and you should lose money and go to jail. ”

The other side.

Lin Kaifeng's eyes couldn't help but light up when he heard this.

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

Losing money plus jail time?

This is good!

Thinking of this, Lin Kaifeng continued to ask: "If I want the other party to compensate and go to jail, what should I do?" ”

Live room.

After hearing his inquiry, Li Chen began to answer: "For specific operations, you can find a lawyer to help you intervene." ”

As an online lawyer, all Li Chen can do is answer his questions, not explain the specific steps.

The specific operation process and detailed answers, that is what a lawyer should do...

Disconnected from the microphone, Li Chen continued to answer netizens around this question: "Just now this netizen used his own personal experience to teach us a lesson.

As consumers, when facing such a problem, if there is no accurate evidence to prove that it is a fake issued by the merchant, it is easy to set ourselves on fire.

In daily life, no one can say that they will have the heart to completely record the whole process of receiving the express delivery and then dismantling the express.

This is also a real problem in everyday life.

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

You received a fake, and you can't get evidence to prove that the fake was sent by the merchant, and in the end, you can only carry everything silently. ”

"Of course, there are only a few cases like his, but it's enough to wake us up.

People are also responsible for themselves when they are on guard.

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

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

"I used to buy things in a physical store, and when I opened it when I bought it, I found that it was a fake, and I went to find the shopkeeper, and the owner of the store told me that he was not responsible for leaving the store."

"The argument that the counter is not responsible has no legal effect, it is an invalid standard clause, and the circumstances in which the standard clause is invalid include the party providing the standard clause unreasonably exempting or reducing its liability, increasing the liability of the other party, restricting the main rights of the other party, and excluding the main rights of the other party by the party providing the standard clauses."

Li Chen took a sip of tea and began to answer questions: "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, which is what we usually call the implementation of "three guarantees".

As early as August 25, 1995, 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 Provisions on the Responsibility for the Repair, Replacement, and Return of Certain Commodities" to further implement the "three guarantees" for consumer shopping.

In reality, the real situation we are facing is because some businesses will engage in dark warehouses.

You say that you bought a fake in my store, and my store is all genuine, and you have no proof that your fake was bought in my store.

This is a contradiction, and we cannot rule out that some people will have ulterior motives and demand compensation for shoddy products.

In the case that there is sufficient evidence to prove itself, the so-called behavior of the merchant who leaves the counter without returning the goods has no effect, and can also file a complaint with the consumer association. ”

"Isn't it the same with the bank, it is not responsible for withdrawing money and leaving the counter, they have to give you one less when you deposit money, and if you don't return the money, you will be unjustly profitable."

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

"This question is actually the same as that of merchants."

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

There are many people who may be pitted by the argument that they are not responsible for leaving the cabinet, and will have the idea that saving money should not be responsible.

Zhang San took 50,000 yuan to the bank to deposit, and the real amount of the deposit in the process of deposit was 40,000 three, but it was not found out at that time, but in fact, Zhang San did miss 7,000 yuan, and was later told by the bank that Zhang San refused to repay the loan on the grounds that he was not responsible for leaving the counter, and was finally sued by the bank for unjust enrichment. ”

When the live broadcast room heard that Zhang San was out of the horse, it immediately became lively:

"Zhang San: You sued me for unjust enrichment? Are you sure?? ”

"Zhang San: There are always people who challenge me, very good, I accept your challenge."

"Zhang San: This is a simple case, and I am ready to send the bank employee in."

"Zhang San: Who sued me? Want to get in? ”

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

Li Chen: ............

(End of chapter)