Workflow
理性维权
icon
Search documents
恶意索赔无遁形 理性维权更高效
Xin Lang Cai Jing· 2026-01-18 01:57
Core Viewpoint - The newly revised "Regulations on Handling Complaints and Reports by Market Supervision" aims to regulate malicious claims and abuse of complaint rights, marking a significant step towards precise regulation of professional claimants [1][3] Group 1: Regulations Overview - The regulations will take effect on April 15, 2026, and specifically outline scenarios where complaints will not be accepted, such as when the consumer cannot prove a legitimate dispute with the seller [1] - Four dimensions are defined for identifying malicious claims: inconsistency in purchasing behavior, excessive complaints from the same individual or collusion among different complainants, inability to prove actual purchase or service receipt, and doubts about the complainant's identity [1] Group 2: Impact on Businesses - Businesses have expressed relief as the new regulations help eliminate "pothole-style claims," allowing them to operate with more confidence and focus on compliance [3] - The regulations are expected to clarify the boundary between legitimate rights protection and malicious claims, thus promoting fair competition and reducing the burden on small businesses [3][4] Group 3: Legal Interpretation - Legal experts emphasize that the core value of the new regulations is to establish a principle against the abuse of rights, providing clear legal standards to differentiate between legitimate claims and malicious ones [4] - The regulations are designed to purify the rights protection ecosystem, ensuring that legitimate consumer rights can still be protected without hindrance from malicious claims [4] Group 4: Enforcement and Penalties - The regulations increase penalties for malicious claimants, stating that those who engage in fraud or extortion will be referred to law enforcement, indicating a shift from civil disputes to potential criminal accountability [5]
20元未付款引发名誉侵权纠纷
Ren Min Wang· 2025-06-11 08:18
Core Points - A dispute arose over a 20 yuan unpaid bill at a fried chicken shop, with one party accusing the buyer of maliciously skipping payment, while the buyer claimed it was an unintentional oversight and sought an apology after making the payment [1][2] - The case was successfully mediated by the People's Court of Xinzheng City, where both parties reached an agreement after the judge's intervention [3] Summary by Sections Incident Overview - On May 29, 2024, a customer named Fan purchased food worth 20 yuan but failed to make the payment, leading the shop owner Yan to believe it was a deliberate act of skipping payment [1] - Yan shared surveillance footage in WeChat groups, which led to Fan feeling her privacy was violated and her reputation damaged [2] Legal Proceedings - Fan filed a lawsuit against Yan, seeking a public apology, cessation of the infringement, and compensation for emotional distress amounting to 10,000 yuan, along with legal fees [2] - During the court proceedings, both parties maintained their positions, with Fan asserting her forgetfulness and Yan insisting on the intentional nature of the act [2] Resolution - The judge facilitated a "back-to-back" mediation, resulting in Yan issuing a written apology to Fan, who then dropped her other legal claims, concluding the dispute amicably [3] Legal Insights - The judge highlighted the importance of distinguishing between unintentional mistakes and intentional acts of skipping payment, emphasizing the need for merchants to communicate politely with customers before escalating issues [4] - Merchants are advised to collect evidence and consider legal action only if necessary, while avoiding extreme measures that could lead to legal repercussions [4]