Is the consumption rebate model illegal? Please explain the problem from the perspective of guiding

Updated on society 2024-04-21
2 answers
  1. Anonymous users2024-02-08

    Legal Analysis: There are two types of rebate behavior:

    1. It is not illegal to stipulate that there is an agreement in the contract and bookkeeping;

    2. Kickbacks in the secret are in violation of relevant regulations and belong to unfair competition.

    Legal basis: Anti-Unfair Competition Law of the People's Republic of China

    Article 7: Business operators must not use property or other means to bribe the following units or individuals in order to seek trading opportunities or competitive advantages:

    1. The staff of the counterparty to the transaction;

    2. Units or individuals entrusted by the counterparty to handle related affairs;

    3. Units or individuals who use their authority or influence to influence transactions.

    In the course of trading activities, business operators may pay discounts to counterparties or commissions to intermediaries in an explicit manner. Where business operators pay discounts to transaction counterparties or commissions to intermediaries, they shall truthfully record them in their accounts. Business operators who accept discounts and commissions shall also truthfully record them in their accounts.

    Where a proprietor's staff commits bribes, it shall be found to be an act of the proprietor; However, the business operator has evidence to prove that the employee's conduct is unrelated to seeking trading opportunities or competitive advantages for the business operator.

    Article 13: Supervision and inspection departments investigating suspected acts of unfair competition may employ the following measures:

    1) Entering the business premises suspected of acts of unfair competition to conduct inspections;

    2) Questioning the business operators, interested parties, and other relevant units and individuals under investigation, and requesting that they explain the relevant circumstances or provide other materials related to the conduct under investigation;

    3) Inquire into or copy agreements, account books, bills, documents, records, business correspondence, and other materials related to suspected acts of unfair competition;

    4) Sealing or seizing property related to suspected acts of unfair competition;

    5) Inquire into the bank accounts of business operators suspected of unfair competition.

    The adoption of the measures provided for in the preceding paragraph shall be reported in writing to the principal responsible person for the supervision and inspection department, and shall be subject to approval. The adoption of spinal combustion measures provided for in items 4 and 5 of the preceding paragraph shall be reported in writing to the principal responsible person of the people's supervision and inspection department at or above the districted city level, and shall be subject to approval.

  2. Anonymous users2024-02-07

    Legal Analysis: Not all full cash rebates are illegal, but it is illegal to use the name of consumer cashback to do pyramid schemes or fake consumption.

    Legal basis: Anti-Unfair Competition Law of the People's Republic of China Article 10: Business operators must not have the following circumstances when conducting prize sales:

    1) The type of prize, the conditions for redeeming the prize, the amount of the prize or the number of friends and the number of prizes and other prize sales information are not clear, affecting the redemption of the prize (2) Fraudulent methods such as falsely claiming to have a prize or deliberately letting the designated person win the prize are used to carry out prize sales (3) **-style prize sales, and the maximum prize amount exceeds 50,000 yuan.

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