-
The woman who helped the cooked vegetables was successfully appealed by the professional anti-counterfeiter in the second instance, and the compensation was ten times the sentence in the first trial, and the court of second instance ruled that the woman who sold the goods successfully appealed. The court felt that the professional anti-counterfeiter did not make a truthful statement in the course of the litigation, had obvious intentional personal behavior, and suffered negative feedback from the law, so it ruled that the professional anti-counterfeiter Xin lost the lawsuit. This matter has to start from December 18, 2021, the woman Hou helped the masses sell goods, Xin asked Hou to buy some cooked vegetables in the live broadcast and paid a deposit of 3,300 yuan.
As soon as Xin's appeal was successful, Hou expressed dissatisfaction and appealed. On September 27, 2022, the court of second instance made a judgment that the cooked dishes in the suspected lo-mei shop** were all bulk cooked food, not bagged food with better packaging earlier. In the field investigation, the court found that Xin was a professional anti-counterfeiter, but it was not clearly informed in the course of the litigation that Xin had obvious intentional personal behavior, so the court ruled that Xin lost the lawsuit.
In recent years, more and more professional counterfeiters are deteriorating, they are willing to use their identities to make explosive profits in order to make money, professional claimants are not concerned about the quality of the product itself, but are nitpicking, trying to find defects from the key points of the product, or looking for **, logos, slogans, etc.
From an objective point of view, professional anti-counterfeiters maintain the rights and interests of consumers, look for products with product quality problems, crack down on counterfeiting and shoddy, and get rewards in accordance with regulations. Professional claimants specialize in finding loopholes in the store's marketing methods, and then carry out reasonable and legal "extortion or extortion", and if they are not allowed to put forward the regulations, they will expose the store and sue the court, etc.
-
Xin's litigation claim has no factual and legal basis, and the court does not support it, and rejects the litigation claim of 10 times the compensation in accordance with the law, and Xin bears the first-instance case acceptance fee of 293 yuan and the second-instance case acceptance fee of 587 yuan.
-
The final verdict was that the woman won the case. Although the first instance was sentenced to pay 10 times the compensation, the second instance lost the malicious lawsuit against the counterfeiter.
-
The court of first instance ruled against Ms. Hou on the grounds that she produced and sold food that did not meet the standards of the Food Safety Law. Ms. Hou was not satisfied and appealed. So, can Xin ask for ten times the compensation?
Xin believes that cooked meat is a pre-packaged food, and the cooked meat food he received is in bulk, without any formal packaging, and there is no corresponding label, that is, there is no manufacturer, no expiration date, and no quality certificate, which is a three-no product.
-
Netizens believe that this result is very fair and just, and it also makes the entire industry clean up, so that professional anti-counterfeiters will no longer be so rampant. The court held that the counterfeiter had subjective malice and concealed some facts in the course of the litigation, and ruled against the case. This was actually the result of the second review, and in the first case, the court ordered the woman to pay 10 times the amount of the counterfeiter.
After that, the woman appealed, and the final result was that a better second-instance judgment was also final, and the counterfeiter could no longer appeal.
We all say that the law is very fair, but sometimes if there is no evidence, it may also make it impossible for the judge to make the correct decision. For example, in the case of the type section, the counterfeiter pretended to be a fellow villager in Handan, bought a lot of cooked food like a woman, and also paid a deposit of more than 3,000 yuan. But after receiving the product, the fellow revealed his true colors, not only asked the merchant to give 10 times the compensation, but also did not return the goods.
The woman is just a job in the village, and the staff usually do their job well, and then help the villagers buy some things after pretending to be like it. As a result, he was targeted by the fake and had no choice but to fight a lawsuit.
At the first trial, the woman did not participate because of the epidemic, so she was judged to have lost the case. In fact, it is also a common practice of the court, as long as one party does not attend, then the party present will be awarded in favor of the party. However, both parties can make a second appeal, and the woman provided the corresponding certificate, and it is believed that the man is carrying out a fishing club to fight counterfeiting.
At the time of purchase, it comes from being very aware of the production of the product, and this is a bulk food, not a prepared food. As an adult, the counterfeiter should know whether the product has expired, and cannot know some facts but still choose to claim compensation.
In this case, the professional anti-counterfeiter is only a profit-maker, not a consumer at all, and such a dishonest anti-counterfeiting will also make the market more chaotic. In the end, the counterfeiter lost the case, and he also had to bear the cost of accepting the case.
-
In Handan, Hebei Province, the woman Hou Cui received the final judgment in favor of the lawsuit, after she was asked to claim compensation by Xin Xian, a professional anti-counterfeiter, for helping villagers bring goods. On December 18, 2021, Xin asked Hou Cui to help buy cooked meat, and paid a deposit of 3,300 yuan, and complained to 12315 on the grounds of receiving "three no products", and then filed a lawsuit, demanding "ten times the compensation" from the meat shop involved, and Xin won the lawsuit in the first instance. On September 27, the court of second instance made a final judgment, holding that the cooked food sold to Xin by the delicatessen involved was bulk food, not pre-packaged food, and that the production date had been communicated before purchase.
Xin, as a professional anti-counterfeiter, did not make a truthful statement in the course of the litigation, and this kind of obviously malicious behavior should be negatively evaluated by the law, and the judgment was against him.
After the trial of the second instance, it was held that when the seller, Ms. Hou, had clearly informed her that the food she was selling was bulk food and had a period of use, the buyer Xin deliberately concealed the facts and made false statements during the first instance for the purpose of implementing the claim, and her actions were malicious. It is contrary to the principle of good faith trading, and should be negatively evaluated by the law. Accordingly, the court of second instance revoked the first-instance judgment in accordance with the law and changed the judgment against Xin.
In other words, Xin not only failed to succeed in buying fake money, but also had to bear the case acceptance fee.
-
This result is more in line with public expectations, after all, if he loses the case, many people will be disappointed. Those who really break the law should be punished by law.
-
Through the result of this repentance verdict, we can know that the law has always been fair in the field of consumption, and we should decisively appeal when the legitimate rights and interests of the buried ants are infringed.
-
The final result of the second trial was that the female Internet celebrity won, because all he sold was bulk food, and the production date was communicated in advance.
-
In the end, the woman's trial was won, and she didn't need to pay as much money as a professional anti-counterfeiter, and she could continue to work as a carry.
-
The judgment held that the cooked food sold to the woman by the delicatessen involved was bulk food, not pre-packaged food, and the date of production had been communicated before purchase. The woman won the case.
-
In the end, the court's judgment was still very fair, and the anti-counterfeiters also had to compensate the other party for mental damages.
-
The final verdict was that the anti-counterfeiting master knew that the anti-counterfeiting had seriously disrupted the market order and financial order, and that the woman needed to be compensated for certain expenses and losses.
-
In Handan, Hebei Province, a woman was previously claimed by a professional anti-counterfeiter for helping the masses sell goods, and after the man paid a deposit of 3,300 yuan, he reported to 12315 on the grounds of receiving "three no products", and then filed a lawsuit, and the court of first instance ruled that the woman should pay ten times the compensation to the man.
The woman was not convinced and appealed, and the court of second instance felt that the man was a professional counterfeiter, and the cooked food of the woman ** was bulk cooked food, not pre-packaged, and the food-related information had already been communicated with each other before the purchase, and the man had obvious intention in the litigation process, and finally ruled that the man lost the lawsuit.
The first thing I want to say is that the so-called professional anti-counterfeiter is like the man in this case, who intends to buy three-no food or three-no products, and then asks the operator for ten times the compensation. The laws and regulations often require that, because compared with the harmfulness of professional anti-counterfeiters, food hygiene and safety are more important, and after all, anti-counterfeiting and rights protection is a good thing rather than a bad thing.
The court of second instance in this case often resentenced the most critical reason for the assessment that the cooked food of the woman ** is bulk cooked food, not pre-packaged, and China's "Food Safety Law" requires that the packaging of pre-packaged products should have a mark, and the production and sale of pre-packaged products without labels are strictly prohibited. Bulk cooked food only needs to mark the name of the food, the date of production and manufacturing and other relevant information on the outer packaging of the food, and does not necessarily obtain the approval of food circulation. In other words, bulk cooked food cannot be identified as the three-no product mentioned by professional anti-counterfeiters.
All in all, there have always been differences for professional anti-counterfeiters, for this matter, some people expressed support for the existence of professional anti-counterfeiters, you can better buy peace of mind food, but there are also people who feel that professional anti-counterfeiters are doing this for personal interests, not worthy of encouragement, so what do you think about this?
-
The court of second instance made a final judgment, holding that the cooked food sold to Xin by the delicatessen involved was bulk food, not pre-packaged food, and that the production date had been communicated before purchase. Failure to truthfully state in the course of litigation and such acts with obvious malice should be negatively evaluated by the law and ruled against the lawsuit.
-
The court held that the professional anti-counterfeiter did not make a truthful statement during the litigation process, had obvious malicious behavior, and was negatively evaluated by the law, so the professional anti-counterfeiter Xin lost the lawsuit.
-
The court ruled that the practice of the professional counterfeiter was a malicious act, and the woman did not need to pay compensation to the professional counterfeiter.
-
A professional counterfeiter asked a woman to help him bring cooked meat. Because there was a villager in the same village as the woman who was engaged in this business, the woman gladly accepted it, but after receiving the goods, the professional anti-counterfeiter believed that the cooked meat provided by the woman to him was a three-no product, so he appealed to the court to demand compensation from the store chess, and the compensation was as high as more than 30,000 yuan. In the first-instance judgment, the professional anti-counterfeiter won the case.
The woman appealed against the verdict, and the second-instance judgment rejected the professional anti-counterfeiter's claim. <>
Professional anti-counterfeiters are very strong business people, and they hate it, because they rely on some loopholes in their business to appeal, and then make money through compensation. This kind of person who grasps some loopholes and magnifies them countless times is very hateful. Although some businesses in the society do have certain illegal business behaviors, not all businesses will bring damage to the rights and interests of consumers.
The purpose of professional anti-counterfeiters is to make money, not to protect consumer rights. <>
After the professional counterfeiter entrusted the woman to help buy some cooked food, he paid the woman a deposit of more than 3,000 yuan. After getting the goods, his face completely changed, thinking that he received the book cover with three no product requirements, and the store made 10 times the compensation. The most noteworthy aspect of this case is the definition of whether the cooked meat sold in the deli is a three-no product.
In the course of the first-instance judgment, it was found that the store had indeed engaged in illegal business operations, so it agreed to the appeal of the professional anti-counterfeiter. However, the court of second instance held that the professional anti-counterfeiter had concealed and misrepresented in the process, and that cooked meat was a bulk food. <>
The second-instance verdict taught many professional anti-counterfeiters a lesson, and also warned them not to sue maliciously casually. A villager running a shop is not easy to encounter such a malicious appeal from a professional counterfeiter, and they will face serious financial losses, but the court is ultimately fair and impartial.
-
The women's gang brought cooked meat and was won by the professional anti-counterfeiting second-instance lawsuit, although the final result was good, but when I saw the news, I was still very angry. This case is very worthy of our attention is that in fact, when many people are helping others to do a good deed, they are really very afraid now, afraid that others will say that they are for profiteering, afraid that others will say that they are for the limelight, etc., now that the Internet is becoming more and more developed, we are encountering more and more cyberviolence. Especially when I saw this news, there were actually professional anti-counterfeiters who came out to earn their own profits in this way.
Especially this kind of anti-counterfeiting, sometimes some good people are injured by mistake. In fact, strictly speaking, he is not a physical injury at all, he has not made a distinction at all, he just thinks that I just need to fight fakes, no matter who he is. Behind this, I feel that this profession really has no good gods, and there is no bottom line.
This woman helps some farmers to sell their products, and I think this is a way to benefit farmers, because everyone knows that if the products in the hands of farmers cannot be sold and remain in the hands of farmers, they will have no economy, and the farmers' income for a year will be lost. Then their living expenses will be gone for the next year**. It is a very cruel thing for them, but these professional anti-counterfeiters just say that this woman's behavior is fake.
This is really chilling, and I hope that the relevant departments can carry out strict rectification of the professional anti-counterfeiting industry, or let the professional anti-counterfeiting team scattered outside be completely disbanded. We organize a real professional anti-counterfeiting department to protect the legitimate rights and interests of our consumers, but we also have to protect these people who sincerely help farmers.
I hope that through this incident, you can reflect on why we should hurt these people who really help the blind farmers? In fact, everyone can understand it in order to survive, but what we do must be legal and worthy of our conscience, so that we can go for a long time and be convinced by the people.
The woman brought Qi Baishi paintings to appreciate the treasure, and the expert ridiculed it as a fake, and the woman said: He is my own grandfather!
I won't help my friends take care of their children, after all, when it comes to children, as parents are very sensitive to their children's affairs, it is very likely to cause dissatisfaction with the other party, and even friends can't do it if they don't get it。This incident happened in Jinan, Shandong, Ms. Zhang and Ms. Du were originally more familiar, and their children were both in the same kindergarten, because they were usually more familiar, and Ms. Zhang did not have a job, so Ms. Zhang has been responsible for helping Ms. Du pick up and drop off her children for two and a half years. >>>More
About 7 words.
I'll help you conceive oh, I want to write too, but unfortunately just think about it, o( o....Ha ha. >>>More
The punishment for the crime of throwing objects from a height will be comprehensively considered according to factors such as the motive of the perpetrator, the place where the object was thrown, the circumstances of the object being thrown, and the consequences caused. <> >>>More
Nowadays, it is common for grandparents to bring grandchildren, and many people have a blank concept of whether there is legal restraint on this phenomenon. First of all, according to the law, grandparents have no mandatory obligation to take care of the next generation while the parents are alive. According to Article 28 of the Marriage Law, the conditions for grandparents to raise their grandchildren are: >>>More