Where are the legal boundaries of wool picking ?

1. The nature of the act of "wool picking".

What is "wool picking"? In the article "Judges Interpret the Legal Points Behind "Wool Picking", Zhao Xin, vice president of the Second Civil Division of the Beijing Chaoyang District People's Court, defined the behavior of "wool picking" as "the behavior of people who specialize in collecting preferential information of various types of merchants widely disseminate preferential information on the Internet and in the circle of friends, and the person who receives the preferential information places an order and trades in accordance with the preferential policies of the merchant and gets benefits." ”

Starting from the definition, the behavior of "wool picking" occurs between buyers and sellers, and it is the behavior of buyers using coupons to place orders to get discounts, which vividly reflects the behavior of buyers who benefit from it. The original intention of the act of "wool picking" is only the characterization of the behavior of looking for various coupons and then shopping cheaply, which is a legitimate transaction behavior in civil terms. However, after several evolutions, some "wool picking" behaviors have gradually acquired an industrial chain with a clear division of labor, and have become a black and gray industry in the legal blank area, which is related to illegal crimes.

2. Types of "wool picking" behaviors

1) Type division.

The behavior of "wool picking" is roughly divided into two types according to whether the actor has malicious intent subjectively, one is the ordinary "wool picking" behavior, which is occasionally purchased through coupons released on the platform or shared by friends; One is a special "wool picking" behavior, that is, knowing that it is a mistake on the platform or store to take the opportunity to "pick wool". Although the first behavior will make the actor profit when purchasing goods, it is no different from normal purchase behavior, and it is directly related to the merchant's ** activities. On the other hand, in the second type of behavior, the actor's behavior of "wool picking" out of subjective malice obviously exceeds the normal trading behavior, which will lead to a large loss to the store or platform, and violates the principle of fair trade.

2) Distinguishing meanings.

The law does not prohibit the behavior of "wool picking" without subjective malice, which is autonomous under the civil law, and the market conducts free transactions. In order to ensure the order of fair trade and encourage market transactions, the law needs to regulate such behaviors with subjective malice.

3) Criteria for distinction.

The distinction between the two lies in whether there is subjective malice, that is, whether the actor is aware of the mistakes of the platform or store. So how to distinguish between good and malicious "wool-picking" behavior? In this regard, Ye Jinqiang expressed in the article "The Construction of Rational Person Standards in Private Law", "After completing the construction of a rational person and the reconstruction of the scene, the next work is for the judge to use his own cognitive ability to make inferences about how a rational person with a specific cognitive schema and action ability will act or form what kind of understanding in the corresponding scenario, and then compare and evaluate the behavior and understanding of the parties."

In short, wool is not something you can pick up if you want to, some can be sought, some can be sins, so you must not let yourself be imprisoned for petty profits.

Legal boundaries of wool picking: There are two main types of wool harvesting behaviors, which are obtained by using the platform's activity rules; Bring your friends and family together in a timely manner, as long as the transaction is completed within the terms of the promotion, it is legal.

Consumers can use their personal real information to use coupons, discounts, etc. to trade, which is a legal "wool picking", but they cannot use false information to maliciously obtain merchant discounts, and it is illegal to use loopholes to collect wool.

The legal boundaries of wool should be within the rules issued by the merchant, through legal means, to get the preferential treatment given by the merchant. Don't use third-party software to break the merchant's backend. This is the legal wool picking.

Legal analysis: the amount of wool up to more than 2,000 yuan of the law, in the real society there are many simple people who are more keen on wool, now there are a lot of loopholes in the platform, through the way of wool can buy what you want without spending money or less money, for ordinary users and "wool party", its legal responsibility should be treated differently according to the degree of profit. where the circumstances are minor and do not constitute a criminal offense, it is to be handled in accordance with the provisions of relevant laws and regulations of our country on invalid civil acts and unjust enrichment; If the circumstances are serious or the amount is huge, it may be a criminal offense and may be suspected of a criminal offense.

Legal basis: Article 122 of the Civil Code of the People's Republic of China Where others have obtained improper benefits without legal basis, the person who has suffered losses has the right to request the return of the improper benefits.

Wool harvesting may be punished for breaking the law. It is not illegal to collect wool in itself, but once illegal means are used, then it is definitely illegal. For ordinary users and "wool party", their legal liabilities should be treated differently according to the degree of profit.

Where the circumstances are minor and do not constitute a criminal offense, it is to be handled in accordance with the provisions on invalid civil acts and unjust enrichment, and where the circumstances are serious or the amount is huge, the criminal law may be violated and suspected of a criminal offense. Wool harvesting is permissible for the activists, and the wool party and the activists coexist in harmony.

Civil Code of the People's Republic of China

Article 120.

Where civil rights and interests are infringed, the infringed party has the right to request that the infringer bear tort liability. Article 121.

A person who does not have a statutory or contractual obligation to manage in order to avoid the loss of the interests of others has the right to request the beneficiary to reimburse the necessary expenses incurred thereby. Article 122.

If another person obtains an improper benefit without legal basis, the person who has suffered the loss has the right to request the return of the improper benefit.

Now I often hear a lot of new words, such as the word wool, often see on the Internet, but many people don't know what wool means, so is it illegal to take advantage of wool? Let's talk to you below, and interested friends will take a look together.

Wool is to take advantage, but depending on the situation, generally speaking, there are two kinds, the first is that there are welfare discounts for shopping, using coupons and so on to save money, this kind of wool is normal and will not be illegal, such as activities on the e-commerce platform, or the distribution of deduction red envelopes, etc., can be deducted to save money at the time of settlement.

The second is to achieve the purpose of profit through illegal means, the profit is huge, it will constitute a crime, it is an illegal act, such as selling wool software, this software will provide a variety of mobile phone numbers and information, and the leaked information is not known to me, this software can be ** mobile phone number, buyers buy mobile phone numbers to register some members, this software can provide mobile phone number verification code, generally register new members have some benefits and benefits, so that you can get benefits in the middle, If the buyer has been buying a mobile phone number to register a new member, there will always be these benefits, and the person who sells the mobile phone number will also make a profit because of the ** mobile phone number, but obviously this is a very improper way to make a profit, which is illegal. In particular, those who sell this kind of software can make huge profits and violate the criminal law.

I would also like to remind everyone that everything must first comply with the law, and should not violate the law for some petty profits.

The wool was originally based on Aunt Baiyun's "wool knitting sweater" practice in the Spring Festival Gala sketch, which was defined as "wool". Aunt Baiyun's practice of "pulling wool and knitting sweaters" at the Spring Festival Gala was originally based on the saying of "wool". Now it refers to the group mainly young people who have a strong interest in some preferential activities and various businesses carried out by banks and other financial institutions, and such a group of people specially appear to collect preferential information on various banks and other financial institutions and various businesses, and widely disseminate them on the Internet and in the circle of friends.

This behavior is known as "nonsense".

Popularly refers to those who specifically choose the Internet to exchange low or even zero cost for high rewards. This act is called"Wool"。

And there is a special group of people who collect preferential information from various banks and other financial institutions and various businesses, and widely disseminate it on the Internet and in the circle of friends, this behavior is called 薅 (hāo) wool.

Steady profit and no loss is called wool For example, the subject involves finance, these are not called wool, they are wool that is picked, and they need real first-hand information.

For example, the original Pinduoduo no threshold 100 yuan coupon.

If you get a first-hand message, you can play a few numbers and get thousands of phone bills.

And those who don't know the news can only sour after the event.

More like this Jingdong home appliances.

Afterwards you say it's a bug and it's useless to buy it, but what? Who knows if it's a bug when you buy it, what if it's not?

And I've already bought something like that, I don't know how much.

That's wool! If you are in need, you can send me a private message, and I will build a group to take you!

I have q one one three five three eight 994

The remarks are sufficient.

Generally, there are more wool in e-commerce, which means that it is almost cheap, but I think that the little red elephant e-commerce is cheaper, even if it is not wool, in general, it is more cost-effective.

The most common introduction: Coupons are set by the merchants themselves, and the purpose is mainly to promote the goods, increase the sales of the goods, and improve the ranking of the store in a short time. The coupon is divided again:

Product coupons are used for a certain product, and store coupons are products that can be collected and used throughout the store.

What are the features: Coupons are expired.

Illustrate the application scenario for example: **There are many products of the same paragraph, sometimes they use** are the same, there is a coupon of 5 yuan, one is not, in general, everyone prefers to buy preferential goods.

It is the white-collar workers represented by the post-80s generation who have a strong interest in collecting information such as preferential activities and free business from various channels such as major electronic products, banks, and physical stores. They engage selectively in activities that result in material benefits at relatively low or even zero cost. This act is called "wool picking", and the group that pays attention to and is keen on "wool picking" is called the "wool party".

In fact, it means to sign up and even invest when you see which platform has an event, and get rewarded money or gifts.

JD.com**Tmall internal fu profit! Half price 0 yuan every day!

You're buying, I'm buying

One store, one product.

Maybe you spend 100 and I only spend 30

The same as placing an order in **, I only have one more step.

Receiving internal coupons to save money is money in your pocket.

If you don't believe it, just buy one and give it a try.

If you want to check the coupon, find the coupon, find me to pull you**.

It's that some businesses will lose money and rush sales, the so-called loss is the kind of low price that falls below your glasses, such as buying a beautiful oven, or ***, many people are actually aware of it, people who are not in this circle can't catch it at all, if you are interested, you can pull you.

Wool is to take advantage of it, **if there is a cheap, go to**, I generally make more money on the taste, and the others are not very clear.

Each platform will issue a lot of preferential policies in order to attract users, and you can get wool by paying more attention. In addition, pay more attention to the public account: Binbin's shop, and pay attention to the information sharing of the wool party.

The legal boundaries of "wool picking" are not clearly defined. In fact, this kind of gray economic behavior is acceptable to the public

First of all, wool wool generally includes the following aspectsThe first is to formulate preferential policies for the platform itself。For example, in recent years, various e-commerce activities have officially encouraged hair harvesting, because this is the true meaning of business, and it is legal anyway. The second is that the merchant's fault leads to the wrong setting of the number of goods

However, according to the provisions of the Civil Code, the information published on the purchase details page is an offer. Once accepted by the offeree, the contract is formed. Therefore, this cannot be found to be illegal.

The third is to use the above-mentioned platforms to subsidize the purchase of fictitious consumption facts。These different approaches also have different solutions, and their illegal nature is also different.

When a small amount of money is involved, the acceptance of this behavior by merchants providing goods or services is still high. However, this behavior is very confusing when the amount of money involved is large. The definition of crime and non-crime is highly controversial, showing the characteristics of complexity and concealment, and there are even black industry chains and criminal gangs that specialize in "wool harvesting".

There have been cases of wool being caught. In 2017, Huang Xiaotian, who is proficient in computer technology, used scripts to successfully register 20,000 new ones, and through these more than 20,000 barrels of milk powder in an app, he was finally sentenced. Second, the administrative departments should strengthen the network technology filing and registration system, and the judicial departments should promptly analyze emerging conduct suspected of cybercrimes, relying on the technical departments of their units to achieve mutual assistance and cooperation with the administrative organsThere will not be a "blowout" in the initial stage of the new type of cybercrime, but it is also necessary to enhance the sensitivity of similar cases, analyze the commonalities, and never ignore the special elements of the cases themselves.

We should never rely on the deterrence of criminal law to deal with it.

Finally, build a reasonable and efficient credit supervision and governance mechanism for platform e-commerce, and strengthen the interaction between platform e-commerce and the highest level of governanceStrengthening the rationality of all entities of credit supervision will undoubtedly promote the standardization and compliance of e-commerce platforms, promote the construction of e-commerce credit system, create a good environment for the development of e-commerce, and then promote the high-quality development of e-commerce and build an open economy.