How crazy can professional claims be?
"In 2023, the number of complaints about occupational claims in Shanghai will reach an astonishing 246000. There will be nearly 8000 middle-aged complainants with more than 10 complaints, and some people will make high claims to 1372 restaurants within a year on the grounds of 'buying cucumbers without certificates'." Recently, The Shanghai Consumer Protection Committee and the Shanghai Consumer Protection Foundation jointly held the second session of the "Promoting Consumption and Safeguarding Rights and Interests" lecture, and the responsible person disclosed the above data to the public.
From the pork stall owner's online sales of homemade sausage being accused of "three no's" and being claimed ten times, to the seething "farmers' women selling 150 pieces of steamed pork were sentenced to 50000 yuan in compensation" and ushered in the grand finale, to the "restaurants selling auction cucumbers were severely punished", which repeatedly appeared on the hot search lists... For a period of time, professional hit dummies have been playing the game of "blackmail" against self-employed businesses, and presented a group The trend of chain has caused widespread controversy. Objectively speaking, the adverse effects of professional claims include damage to business confidence, restriction of market vitality, violation of business integrity, and corruption of social ethos. We must regulate and adjust with more sound laws and more prudent attitude, and be careful not to disturb the market by those with ulterior motives.
The rule of law is on the way. Based on previous cases, the secret of "surprise attack" of professional dummies is that there are laws to follow, and the corresponding legal provisions are "deviant" from common people's common sense of life or simple feelings. For example, one of the reasons why it is difficult for a small restaurant to bring out a plate of legal cucumbers is that the operator thinks that it is "a piece of cake", does not know or is unwilling to apply for the corresponding certificate, and has been repeatedly sued and won by professional crackdowns on counterfeit goods. It is worth noting that the State Administration of Market Supervision has issued the Measures for the Administration of Food Business Licensing and Filing last year, focusing on the difficulty of reporting the simple food manufacturing and selling behavior reflected by SMEs, and making the provision that "the review content of equipment, facilities, special areas, etc. can be appropriately simplified". It is believed that with the optimization of relevant administrative procedures, there will be fewer and fewer claims against small restaurants for peddling "auction cucumbers".
"Excessive punishment is equivalent" is applicable. According to data, as of May 2023, more than 1000 restaurants across the country have been subject to administrative penalties for selling out of range cucumbers in photos and salad, with penalties ranging from 500 yuan to 5000 yuan. A plate of cold dishes with a price of several yuan or even more than ten yuan cannot escape the "sky high fine", which is undoubtedly a heavy burden for small restaurants. From the perspective of social practice, some places highlight the inclusive and prudent supervision of humanized law enforcement, and comprehensively implement the exemption from punishment for minor violations and prudent punishment for initial violations; Some places promote flexible law enforcement, non mandatory law enforcement, and implement "no punishment for the first time" for minor violations of the law. Loosening the "cucumber auction" is just the protection of market vitality. From this perspective, the so-called inclusiveness and prudence is not connivance, nor is it a violation of the public interest, but to add impetus and confidence to the development of SMEs.
In reality, those malicious whistle blowers who take "claims" as their profession, in the name of "fighting against counterfeits" and "safeguarding rights", are making profits and extorting, which disturbs the market order and damages the consumer ecology. We must strictly prevent "fighting against counterfeits" from becoming "fighting against counterfeits".
