Legal Considerations on the Liability for Electronic Money Fraud

1. Electronic payment and its characteristics.

Various electronic money systems are under development, with very different characteristics and many aspects are inconclusive. First of all, the electronic money product is in. Some electronic money systems allow direct electronic funds transfers between consumers without involving any third party, such as electronic, at all.

Inducing consumption, which violates the relevant provisions of the Law on the Protection of Consumer Rights and Interests, is suspected of commercial fraud, and consumers can request a return. If damage is caused, the consumer has the right to claim compensation.

Does the store violate the law in this case? Which law was violated?

According to the situation you introduced

It is not possible to directly determine whether the reply is a crime, but if you negotiate with the other party and ask for an exchange, and the other party ignores it, and the circumstances are heinous, you are suspected of committing a crime.

What kind of punishment will the store get if I report the crime!

If it is a civil dispute, you should exchange the goods, and the industrial and commercial authorities will punish you at your request, and if you are suspected of committing a crime, the main participants will be investigated for criminal responsibility.

What should I use to protect my personal interests?

For civil litigation, report to the public security organ and report the situation to the industrial and commercial bureau.

First of all, it has broken the law.

source. But what you call "fraud."

bai" is a penalty.

The law does not belong to the law that he violated. Your DAO is only a general civil case, not a criminal case, and it should also be prosecuted as a civil case in the court.

In addition, in civil cases, if your case is an illegal act under the Consumer Rights Act, you can call 12315 for free consultation**.

As a legal advisor, that's all I can do for you!

o(∩_o...Haha, give it points!

The use of online fraud is a crime of fraud.

In accordance with article 151 of the Criminal Code.

It is advisable to keep transaction records and evidence such as shipping documents and remittance notes.

You can file a lawsuit with the basic court where the business is located, and you can claim his liability for breach of contract or his tort liability, and you can choose one as your claim.

Of course, it violates the law, fraud. du。It's good to report the case to the newspaper in time. . . And the DAO

Evidence should be gathered. But first of all, you should inspect the goods before signing. This one is a bit passive. However, evidence can still be provided. For example, on the part of the shipper, it is best to use Alipay to trade in the future, otherwise it is very unsafe.

Thank you.

Sympathize, remember to use Alipay in the future.

Speaking of which, it is difficult to protect your interests.

If you check the goods on the spot after receiving the package at that time, and refuse to sign the order after finding that the goods are wrong, then you can still protect your own interests.

If not, you don't think about it, you can't maintain it.

Suggestion: Be smart ...... in the future

What is written on the invoice.

You can first call the police.

In addition, there must be a record of the transaction with the other party, such as the other party's invoice and your remittance documents, if there is a text connection, you can also notarize the text record as evidence.

The prosecution process of contract fraud disputes is mainly divided into four steps, which are to sort out the case and collect evidence, determine the competent court, hire a lawyer and make good preparations.

1. Sort out the facts of the case and collect evidenceThe existing evidence includes materials related to the contract and the performance of the contract, and the requirements are originals. If these materials are not originals, they should be reviewed by a lawyer to see if they will affect the outcome of the proceedings.

2. Determination of the competent courtFor contract disputes, jurisdiction can be divided into agreed jurisdiction and statutory jurisdiction. If there is a valid agreement in the contract with a competent court, the court agreed in the contract shall be the competent court. If there is no agreement on jurisdiction, statutory jurisdiction shall apply.

According to the provisions of the Civil Procedure Law, it is generally necessary to file a lawsuit at the place where the defendant is domiciled or where the contract is performed.

3. Hire a lawyerFor complex cases and lawyers who are litigating in other places, it is recommended to hire a lawyer to avoid losing a big deal due to small things. At the same time, we recommend hiring a lawyer who specializes in contract disputes** as much as possible so that you can better defend your rights.

4. Preparation**If you hire a lawyer, the lawyer will file a case in the court for you. The time is set, and the court will notify you by subpoena. Before speaking, you should talk to your lawyer to determine if you need to speak in court and what you need to do when doing so.

Legal basis: Article 52 of the Contract Law of the People's Republic of China shall invalidate a contract under any of the following circumstances: (1) one party concludes a contract by means of fraud or coercion, harming the interests of the state; (2) Malicious collusion to harm the interests of the state, the collective, or a third party; (iii) Concealing an illegal purpose in a lawful form; (4) Harming the public interest; (5) Violating the mandatory provisions of laws and administrative regulations.

1. The contract is invalid. A contract signed by one of the parties is invalid if one of the parties adopts fraudulent methods to cause the other party to fall into a misunderstanding, so that the other party's intention is not true. An invalid contract is not recognized and protected by national law and is not legally binding on both parties.

2. Return of property. It means that after the fraudulent contract is confirmed to be invalid, the parties to the contract have the right to claim the return of the property that has been delivered to the other party, and the parties to the contract who have accepted the property have the obligation to return the property regardless of whether they are at fault or not. The scope of return is the property acquired as a result of the contract, including physical goods, money, etc.

3. Compensation for losses. Fraudulent contracts often result in the loss of economic interests of the defrauded party, and the fraudulent party shall compensate the defrauded party for the losses suffered by the defrauded party as a result of the implementation of the fraudulent act. The scope of compensation for losses shall generally include:

One is the cost of concluding the contract; second, the cost of performing the contract; The third is reasonable indirect losses.

1. Negotiate changes and termination of contracts. Negotiate changes, including amendments or additions to the contents of the contract. Termination through negotiation means that both parties terminate the contract in advance before the expiration of the validity period of the contractual relationship.

2. Non-performance. Failure to perform is applicable to the situation where the defrauded party finds that the signed contract does not comply with the provisions of the law, the other party is suspected of fraud, and the contract signed by the two parties may be fraudulent and invalid. In such cases, the defrauded party should temporarily suspend the performance of the contract, such as non-delivery and non-payment, so as not to cause the property to be unable to be returned.

3. Suspension of performance. It is applicable to the situation where the deceived party has begun to perform, but has not yet completed the performance, and it is found that the contract may be a fraudulent contract, and the other party is suspected of fraud, the defrauded party shall temporarily stop the performance.

4. Request the people's court to confirm that the contract is invalid. If the defrauded party discovers that the contract is fraudulent before or during the performance of the contract, it can directly file a lawsuit with the people's court to request confirmation that the fraudulent contract is invalid. In the process of requesting the people's court to confirm the invalidity of the contract, attention should be paid to:

If it is found that the other party is suspected of fraud, it should be prosecuted in a timely manner; Make adequate preparations before filing a complaint, including collecting evidence and writing a complaint; Where it is discovered that the fraudulent party might dispose of or transfer property that has already been performed, it shall apply to the people's court for litigation property preservation in accordance with law.

5. Report the case to the public security organs in a timely manner. Many cases of contract fraud are criminal offenses and the fraudulent party should be held criminally liable. After discovering that the fraudulent party is unable to perform its hidden assets or that the fraudulent party has absconded, the defrauded party shall promptly report the case to the public security organs, actively provide various clues, collect evidence of contract fraud, and assist the judicial authorities in quickly detecting the contract fraud case, so as to recover the economic losses suffered as a result of the contract fraud.

Article 14 of the "** Law" stipulates that business operators shall not use false or misleading means to induce consumers or other business operators to conduct transactions with them. In the current "Provisions on Administrative Punishment of Illegal Acts", if it is suspected of violating the law, it shall be ordered to make corrections, confiscate the illegal gains, and impose a fine of less than 5 times the illegal gains; where there are no unlawful gains, a fine of between 50,000 and 500,000 RMB is to be given.

It doesn't have to be so complicated.

Fraud is when a company that is already bad at making a profit, but deceives regulators through various means of financial reporting. IPO proceeds. Circle to money. The worst thing is the investor, who lends money to a rotten company.