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捆綁手機應用消費涉嫌侵權
2020-01-05 22:56  www.serii.cn

  在日常消費中,一些原本簡單快捷的服務,如今卻需要消費者關注公眾號、下載APP才能實現。在一些商場,不裝APP小車推不了、發票開不了,有的還用海報宣傳用APP支付可以“不排隊”,有的飯店需要消費者關注餐館公眾號后,才能讓消費者看到更新、更全的菜單……如此一來,不僅侵犯了消費者的合法權益,那些不擅長使用智能手機或不愿下載新應用的消費者尤其是老年人,更遭遇到了消費障礙。

In daily consumption, some of the original simple and fast services, but now consumers need to pay attention to the public number, download app to achieve. In some malls, no app cars can be pushed, invoices cannot be issued, some posters can be used to promote the use of app payments can \"do not line up \", some restaurants need consumers to pay attention to the restaurant public number to let consumers see the updated, more complete menu. Not only do they violate the legitimate rights of consumers, but consumers who are not good at using smartphones or are reluctant to download new apps, especially the elderly, are also facing consumer barriers.

  《消費者權益保護法》規定:消費者享有自主選擇商品或者服務的權利。消費者有權自主選擇提供商品或者服務的經營者,自主選擇商品品種或者服務方式,自主決定購買或者不購買任何一種商品、接受或者不接受任何一項服務。顯然,強制或變相強制要求下載APP就是侵害了消費者權益。

《 The Law on the Protection of the Rights and Interests of Consumers provides that consumers have the right to choose their own goods or services. A consumer shall have the right to choose the type of goods or services provided on its own, to choose the type of goods or services, to purchase or not to purchase any kind of goods or services on its own, to accept or not to accept any kind of services. Obviously, mandatory or disguised mandatory download app is a violation of consumer rights.

  更值得注意的是,此舉還可能會帶來支付安全問題。本來一些不打算使用電子支付手段的老年人,因為想用購物車就不得不開通電子支付,但這可能因此給下一次消費埋下支付安全風險的隱患。無論出于何種目的,靠捆綁APP消費或捆綁微信公眾號消費,均會給當事人帶來信息安全及資金安全風險。從這一層面看,商家的做法確實念歪了生意經。

More notably, the move could also raise payment security issues. Some older people who weren't going to use electronic payments because they had to use a shopping cart had to open an electronic payment, but that could put a security risk on the next consumption. No matter what purpose, by binding app consumption or binding WeChat public number consumption, will bring information security and financial security risks to the parties. On this level, the business practices are really skewed.

  更為嚴重的是,有的商家需要客戶掃碼關注公眾號,才開具電子發票,顯然侵害了消費者合法權益,于法無據。我國《消費者權益保護法》《中華人民共和國發票管理辦法》明確規定:消費者索要發票等購貨憑證,經營者必須出具。可見,提供發票是納稅人法定的強制性義務,索取發票是消費者的合法權利。

More seriously, some businesses need customers to scan the code to pay attention to the public number, to issue electronic invoices, obviously infringed the legitimate rights and interests of consumers, in the law. The Law of China on the Protection of Consumer Rights and Interests and the Measures of the People's Republic of China on the Administration of Invoices clearly stipulate that consumers must issue purchase vouchers such as invoices. It can be seen that providing invoices is a mandatory obligation of taxpayers, and obtaining invoices is a legitimate right of consumers.

  規避捆綁APP消費,一方面,商家應該守法誠信經營。強制消費者安裝APP或關注微信公眾號,其目的不外乎為了留住消費者,以及推送廣告,但前提是必須尊重消費者的選擇權,避免給消費者帶來不便與安全隱患。畢竟,某些強制、霸道手段只會讓消費者反感,即使能獲得下載或一時關注,也難逃消費者的摒棄,對店家生意也談不上有利。

Avoid bundling app consumption, on the one hand, merchants should abide by the law and good faith operation. Mandatory consumers to install app or pay attention to WeChat public number, its purpose is no more than to retain consumers, as well as push advertising, but the premise is to respect the choice of consumers, to avoid inconvenience to consumers and security risks. After all, certain coercive, domineering means will only let the consumer feel disgusted, even if can obtain the download or the temporary attention, also cannot escape the consumer's abandonment, also is not good for the store business.

  另一方面,市場監管部門應對此類現象給予重視,督促和監管商家必須在法律框架內行事。誠如前述,不下載APP不開發票等行為不僅于法無據,更是違法行為。根據《發票管理辦法》,拒開發票由稅務機關責令改正,可以處1萬元以下罰款;有違法所得的予以沒收。相關職能部門要對違法違規行為常態化亮劍,徹底消除此類現象。(楊玉龍)

On the other hand, market regulators should pay attention to such phenomena, and urge and supervise merchants to act within the legal framework. As mentioned above, the act of not downloading app without invoice is not only unsubstantiated, but also illegal. In accordance with the Measures on the Administration of Invoices, the tax authorities may impose a fine of not more than 10,000 yuan (RMB 10,000) if the invoice is issued. Relevant functional departments to the regular law violations of the sword, thoroughly eliminate such phenomena. (Yang Yulong)