Legal cases related to the catering industry?

Is it a consumer to buy six microwave ovens for counterfeiting? The court found that he was not a consumer in the first instance and rejected the claim. Mr. He, a citizen of Chengdu, came to Chongqing to buy six microwave ovens in one breath, and then went to court to sue for counterfeiting, saying that the seller made false propaganda. On the 29th of last month, Yuzhong District Court sent a judgment of first instance, which determined that Mr. He was not a consumer and rejected his claim. Mr. He sued that he bought a microwave oven in a shopping mall in Jie Fangbei on April 30th. While selecting, a salesman sent him a promotional material of microwave oven, which read the slogan "A century-old enterprise, a world brand". Mr. He said that after he saw the advertisement, his first reaction was that this brand of microwave oven manufacturers had a history of hundreds of years, and the quality was definitely stable and guaranteed. So he decided to buy it. Considering that in addition to two sets for my own use, I have to send three sets to my friends, so I bought five sets for 5300. After buying it back, he learned through the Internet and other channels that the manufacturer of microwave ovens has only been around for more than 30 years. Therefore, he thought that the seller had cheated the consumer, so he sued the other party, demanding double compensation (5300 yuan refund and 5300 yuan compensation), compensating him for transportation expenses, lost time and 1 yuan, and also asking the merchants to apologize in the mainstream media in our city. The mall argued that he had never been given any printed publicity materials. As we all know, at present, there is no electrical appliance manufacturer in China for more than 100 years. According to He himself's statement in court, his habitual residence is in Chengdu, and I am from Nanchong, Sichuan. In addition, he bought a microwave oven in another shopping mall on the same day and filed a lawsuit in the sand district court for compensation. Therefore, they think he is not a legitimate consumer. He didn't buy these five microwave ovens for daily consumption. The court finally held that Mr. He did not purchase for the purpose of residence and did not belong to the consumers involved in the Consumer Protection Law. In addition, the slogan of "Centennial Enterprise", literally understood, is only propaganda for enterprises, not products, and does not constitute fraud. The mall also agreed to return the five purchased goods because they have not been picked up. Therefore, the first instance ruled that the mall refunded 5,300 yuan and rejected other claims. In addition to the signature, the manuscript in this column was written by reporter Robin. The focus of this case is whether the plaintiff is a consumer. According to Article 2 of the Law on the Protection of Consumers' Rights and Interests, the rights and interests of consumers who purchase or use commodities or receive services for their daily consumption are protected by this Law. The presiding judge believes that consumers in the legal sense must aim at living consumption. At the same time, he is from Nanchong and often lives in Chengdu. Chengdu can buy products of this brand. Why did he come to Chongqing to buy 6 sets? The collegial panel believes that this is contrary to common sense. Finally, it is concluded that he is not a consumer in the legal sense. Whether the defendant is a fraud or not, the presiding judge said that many enterprises now like to use the banner of "century-old brand" in their propaganda, such as "century-old brand" and "century-old brand". Whether there is fraud in these propaganda depends on whether it is to promote products or enterprises. In this case, "Hundred Years" did not publicize the quality, function, origin and composition of the products, but only the enterprises. /kloc-before 0/00, there was no electrical appliance manufacturer in China, and there could be no electrical appliance enterprise in a hundred years. Therefore, the slogan of "a century-old enterprise" does not constitute fraud, but it has some defects. However, the presiding judge said that the slogan of "century-old enterprise" is the act of scratching the ball. In this case, citizens can complain to the industrial and commercial departments, which will impose administrative penalties. The view is that consumers bought things yesterday. The reporter contacted Mr. He's agent and lawyer Xie Wengang of Sichuan Yili Law Firm. Lawyer Xie said that there is no legal business. Unlike Wang Hai, a professional counterfeiter who makes a living by counterfeiting, he is "only interested in counterfeiting" and has never fought such a lawsuit before. Xie believes that there is no such thing as a "professional counterfeiter" in the current law. As long as you buy something, you are a consumer. Liu Hongbo, a lawyer of Chongqing Baijun Law Firm and a member of this newspaper's news lawyers group, said that the information obtained by consumers and businesses is not equal, so consumers are often in a weak position. Professional counterfeiters make up for the defects of some professional knowledge of ordinary consumers and play a role in purifying the market. Therefore, as long as it is beneficial to the market, whether it is a professional counterfeiter or not, it is a consumer. Chen Hao, a lawyer of Chongqing Zhitong Law Firm and a member of this newspaper's news lawyers group, said that the concept of consumers should be interpreted broadly. The necessity of life is a big or small concept. As long as you buy goods or receive services in formal sales channels, you should understand them as necessities of life. It is not enough for the government to crack down on counterfeiting and selling fakes, but it must rely on private forces. Only by protecting the interests of professional counterfeiters can civil supervision be implemented. At present, many domestic courts confirm the consumer identity of professional counterfeiters through precedents, and suggest that the Supreme Court give the final determination through judicial interpretation. The presiding judge of this case believes that the difference between professional counterfeiters and consumers is that professional counterfeiters buy for economic benefits, not for the needs of life, with certain commercial purposes. Therefore, from the perspective of consumer law, professional counterfeiters do not have the identity of consumers. Although there may be different opinions in academic discussions, the law is strict, and when it comes to specific cases, we must strictly follow the law. He Tongyu, a member of the newspaper's news lawyers' group and a lawyer of Chongqing Qianwei Law Firm, said that there are broad and narrow definitions of consumers in the legal field at present. According to the provisions of the Consumer Law, only those who need to buy or use goods or receive services for daily consumption can be recognized as consumers. The purchase behavior of professional counterfeiters is not protected by consumer law, and its behavior can be solved through contract law and general principles of civil law. Related links Beijing court professional counterfeiters are regarded as consumers. In June 2009, Beijing Shijingshan Court's Difficulties in Consumer Litigation Disputes and Solutions made it clear for the first time that professional counterfeiters are regarded as ordinary consumers and have the plaintiff's main identity in consumer rights protection cases. The court held that determining the subject qualification of professional counterfeiters in consumer rights protection cases is conducive to purifying the consumer market. In March 2004, a grass-roots court in Shanghai made it clear that it did not support the lawsuit of buying fake goods. Consumers know that the operators are selling fake goods, and their purchase behavior is not wrong because of the fraudulent behavior of the operators, so the provisions of the Consumer Protection Law on "refund for one" are not applicable. Public surveys show that professional counterfeiters belong to consumers. 70% of the respondents agreed with the report. Do professional counterfeiters belong to consumers? Yesterday, our public survey center randomly conducted an online QQ survey on 60 netizens, and nearly 70% of the respondents thought that professional counterfeiters belonged to consumers. 73.3% of the respondents expressed their support for the practice that professional counterfeiters buy fake goods after they know it, and then seek compensation from merchants, thinking that counterfeiters are protecting consumers' rights and interests. Another nearly 30% of adults hold objections.