Selling all kinds of "** commodities to pass the entry threshold in seconds.
Prohibited items are rampant on second-hand trading platforms.
Whether it is prohibited by laws and regulations from private sale, or second-hand trading platforms are prohibited from publishing in the rules, these prohibited goods are proliferating on second-hand platforms.
The platform has set up forbidden words, and if the information published by a trader contains prohibited words, his item will not be published directly. During buyer-seller communication, the system will also be alerted if a prohibited word is triggered. However, in practice, there seem to be many "loopholes" in the existing platform review rules that can be exploited.
There are also some very obvious descriptions of illegal products, which have not been taken seriously by the platform's review. For example, prescription drugs are prohibited items, but the "cold medicine" and "fever medicine" are directly written in the article release information, and there is no obstruction when they are released, and even 24 hours after the release, the relevant item link has not been processed by the platform.
On the basis of strictly complying with the E-commerce Law and other relevant laws and regulations to fulfill compliance obligations, platforms should appropriately raise the entry threshold, increase the degree of supervision of sellers and products on the shelves, continue to explore and improve the review methods and review mechanisms for information on violations of laws and regulations, and improve data tracking capabilities.
Reporter Sun Tianjiao.
The hospital is open, and it can't be used up, and if you want a private chat, you can come if you understand. ”
Second-hand motorcycle license plate holder, understand the natural understanding, understand the connection. ”
The reporter of the rule of law recently found many similar and vague descriptions of items when browsing a number of second-hand trading platforms. What the hell? With questions, the reporter contacted a number of sellers to understand and found that the items corresponding to the above descriptions were prescription drugs, motorcycles, and fake license plates. And these items are clearly prohibited from being sold by laws, regulations and platforms.
In recent years, the emergence of second-hand trading platforms has provided a new channel for many people to dispose of idle items. However, the reporter's investigation for several days found that the phenomenon of selling illegal goods on the second-hand trading platform is very common, including fakes, piracy, baby milk powder, prescription drugs, etc., as well as items involving pornography and vulgarity, violating the privacy of others, and promoting feudal superstition.
A number of interviewed experts believe that second-hand trading platforms may be used by criminals to sell illegal goods due to the openness, information aggregation and virtuality of online platforms, coupled with the low entry threshold of sellers, which seriously damages the overall operating environment of e-commerce, and should be resolutely investigated and banned.
Prohibited items are camouflaged on the shelves.
Breaking the rules violates the law.
A bottle of anti-wolf spray the size of a keychain and a high-energy self-defense electric rod that integrates strong light and electricity can be delivered to your home through ordinary logistics. And such a transaction of goods takes place on a second-hand trading platform.
On January 29, when the reporter browsed a second-hand trading platform, he saw an item known as "self-defense professional equipment". Click on the item link, there is little information, only vague descriptive words such as "self-defense", "professional", "high-intensity" and a picture: a bunch of self-defense equipment, on the book "details + v private chat (that is, add a private chat account)".
After the reporter added friends of the account, he found that it specializes in selling all kinds of security equipment, and even many items have "security" signs. In the face of the reporter's inquiry, the other party directly recommended a bottle of anti-wolf spray and a 300 yuan combination set of anti-wolf electric baton, and repeatedly promised: "Anti-wolf spray can pass the subway security check, and the electric baton is extremely energetic, which can make people lose consciousness instantly." ”
After the reporter selected the specific item, the seller sent a shopping link to the second-hand trading platform, which showed that the item was "999 pure silver 100 grams", with a price of 300 yuan.
The seller also said that if the buyer only buys 50 yuan of anti-wolf spray, he needs to take a link to another item, "Pikachu Bear".
The reporter checked the items sold by the seller and found that among the more than 100 items sold, the images of items such as "Pikachu Bear Cub" and "999 Pure Silver 100 Grams" appeared repeatedly. According to the seller, the 75 yuan "women's tattoo sticker" vertical water dispenser and so on are the camouflage of its "security business".
The sale of security items on second-hand marketplaces is not unique. After searching with keywords such as "self-defense", the reporter found that there were many suspicious items.
Experts pointed out that according to China's relevant laws and regulations, it is strictly forbidden to illegally manufacture, ammunition, articles, controlled instruments, etc., and high-intensity electric shockers and anti-wolf spray should belong to controlled instruments. If the "self-defense equipment" is police equipment, etc., it cannot be bought and sold at will, otherwise it is suspected of violating the law and committing crimes.
In addition, many items that should not exist on second-hand trading platforms can also be randomly searched.
The reporter searched for the keyword "license plate" on a second-hand trading platform, and the search results showed that there were many items that said that "there are license plates all over the country". The reporter further consulted the seller and found that the seller was peddling fake license plates, including car and motorcycle license plates, which ranged from 50 yuan to 350 yuan depending on the type of license plate. At the same time, the seller can also make a fake motor vehicle driving license, a seller swore that "this license plate set, there is no problem with crossing the highway and entering the parking lot, with the driving license, the traffic police can not see it, if the money is in place, the driver's license can also be done." ”
The reporter then sent a sample picture from the seller to a traffic policeman. The traffic policeman said that the font on the driving license was obviously wrong and was "fake at first glance". In the work of traffic law enforcement, it is easy to find out fake license plates, fake license plates, and the use of forged or altered motor vehicle license plates is a traffic violation that has been severely cracked down, and this kind of production and sale of fake licenses will also be investigated and dealt with by the public security organs.
Searching for relevant luxury bags and famous watches on a second-hand trading platform, you can not only see "knock-offs" priced at hundreds of yuan, but even some sellers directly put out slogans saying "high-end watches, all styles are available, you have pictures, I have goods".
The reporter noticed that although it is difficult to find related items on the second-hand trading platform, it is difficult to find related items by directly searching for "cigarettes" and "electronic cigarettes", but there are a large number of merchants selling cigarette boxes on the second-hand trading platform. In addition, the reporter directly searched for the brand name of e-cigarette or cartridge, and the search results showed a large number of e-cigarette products, including fruit-flavored e-cigarettes banned by the state.
There ......are a large number of unsealed infant milk powder that has been opened but not drunk, prescription drugs prescribed by hospitals, famous liquor known as "authentic factory production", and various unknown food and drugsWhether it is prohibited by laws and regulations for private sale, or second-hand trading platforms are prohibited from publishing in their rules, these illegal transactions are flooding second-hand platforms.
There are still vulnerabilities in platform review.
Use code words to evade regulation.
The reporter learned by consulting the customer service of the relevant platform that the current second-hand trading platform mainly adopts two types of system review and manual review for the item information released by the seller. According to the staff of a second-hand trading platform, the so-called system review, that is, on the one hand, the platform has set up prohibited words, and if the information released by the trader contains prohibited words, its items will not be released. On the other hand, during the buyer-seller communication, if the prohibited word is triggered, the system will also be alerted. The manual review will "patrol" the information of the items on the platform, and when sensitive words are found or relevant reports are received, the reviewers will conduct further verification and processing.
However, in practice, there seem to be many "loopholes" in the existing platform review rules that can be exploited.
When the reporter tried to publish an item on a second-hand trading platform, and filled in the "police uniform, military uniform" in the introduction of the item to submit it for publication, the system automatically popped up and displayed "According to the "Regulations on the Administration of Military Uniforms", military uniforms, military quartermasters, military products and other improper descriptions are not allowed, so such items cannot be published. If you fill in "anti-wolf electric rod anti-wolf spray", the top of the page will directly display "prohibited controlled equipment".
However, the reporter only needs to make a simple processing of the above textual expression, and the overall meaning remains unchanged, and the release can be carried out smoothly. And the accompanying pictures can be chosen at will. After clicking the publish button, the item link will pass the review in seconds, and the "Successfully Published" will be displayed.
There are also some very obvious descriptions of illegal products, which have not been taken seriously by the platform's review. For example, prescription drugs are illegal products, but the reporter directly wrote "cold medicine" and "fever medicine" in the article release information, and there was no obstruction when publishing the item, and even 24 hours after the release, the relevant item link has not been processed by the platform. Another example is the e-cigarettes that are banned by individuals, as long as they are specific to a certain brand, you can find a large number of e-cigarettes of the brand on sale, and the picture is the physical picture of the e-cigarette.
It is worth noting that as early as 2021, the Jiangsu Provincial Consumer Protection Commission issued a consumer survey report exposing the sales of illegal goods on the second-hand trading platform. After that, the Jiangsu Provincial Consumer Protection Commission conducted online collective and public interviews with the 12 second-hand trading platforms involved in response to the problems found in the consumer survey of the second-hand trading platforms. 12 platforms said that they would strengthen rectification in terms of standardizing the information release mechanism within the platform and strengthening the review of user qualifications within the platform.
In addition, at present, on a number of second-hand trading platforms, users will be required to confirm the community rules when registering an account and listing related items, and the rules list the illegal goods in detail. For example, a second-hand trading platform combined with laws and regulations to list 13 types of products that are prohibited from being published in the Community Information Publishing Specifications, including pornography and vulgarity, involving personal privacy, security, etc.
On the one hand, the second-hand trading platform has set up release rules and review mechanisms, but on the other hand, the illegal goods are still being sold, in this regard, Wu Di, deputy secretary-general of the Beijing Lawyers Law Research Association, believes that the proliferation of illegal products on the second-hand trading platform is worrying, highlighting the lack of supervision and platform management. This not only harms the rights and interests of consumers, but also poses a threat to social order. All sectors of society should pay more attention to second-hand trading platforms, jointly promote the establishment of a safer and more transparent trading environment, and ensure market order and public safety.
So, what kind of responsibility does the seller need to bear for selling illegal goods on the second-hand trading platform?
Professor Ren Chao, deputy dean of the School of Economics and Law of East China University of Political Science and Law, believes that there is a certain difference between the buying and selling of second-hand trading platforms and normal online shopping. The purchase and sale disputes that occur in the second-hand trading platform of users are not all applicable to the consumer rights and interests protection, because the consumer rights protection is regulated by the relationship between the operator and the consumer, the so-called operator, who is engaged in the production, sale of goods or the provision of services should be continuous, but the original intention of the second-hand trading platform is to provide a channel for individual sellers to sell idle items, so many second-hand goods transactions are incidental, so that the consumer rights and interests protection cannot be applied Disputes related to disputes are handled as ordinary civil contracts and tort disputes.
Therefore, for the liability of the seller and the platform, it is necessary to judge whether it belongs to the operator according to the nature and frequency of the goods and services it engages in on the second-hand trading platform. Ren Chao said.
Zhang Guodong, managing partner of Beijing Jincheng Tongda & Neal Law Firm, believes that according to relevant laws and regulations, sellers should bear corresponding civil, administrative and even criminal liabilities for selling illegal goods on second-hand trading platforms. The second-hand trading platform shall bear the corresponding legal responsibilities stipulated in the Cybersecurity Law and the E-commerce Law depending on the circumstances, and may be ordered by the relevant departments to make corrections within a time limit, give warnings, impose fines, and in serious cases, may be ordered to suspend relevant businesses, suspend business for rectification, close **, revoke relevant business licenses or revoke business licenses, etc. In addition, depending on the specific circumstances of the sale of illegal goods and whether the second-hand trading platform is aware of or even assists in the sale of illegal goods, the second-hand trading platform may also face the risk of bearing relevant criminal liability.
Consolidate responsibilities and strengthen supervision.
Improve data tracking.
How to deal with the chaos of prohibited items on the second-hand trading platform, the interviewed experts gave their own suggestions.
In Ren Chao's view, although the platform has set up a ban on sales, considering that the sale of these illegal products is extremely profitable, driven by interests, many people take risks. Although second-hand trading platforms generally have a prohibited word filtering system, sellers circumvent the platform's filtering system by fuzzy descriptions and code prompts, or print the real service on the ** on the detail page in the form of text, which makes it difficult to identify the platform's prohibited word filtering system. At the same time, many platforms have a low entry threshold for sellers, and some platforms even adopt a first-in-the-first review mechanism, and do not set up a strict evaluation and punishment system for sellers, even if these sellers are reported, they cannot deal with the user's reported information in a timely manner and impose substantive penalties on sellers.
It should be noted that the second-hand trading platform itself has the characteristics of scattered links and hidden transactions, such as the seller will store the prohibited ** in the network disk, and then trade through external social software, this cross-platform governance is very difficult, and it also puts forward higher requirements for the supervision of the second-hand trading platform. Ren Chao said.
Ren Chao believes that on the basis of the e-commerce law, the relevant standards for second-hand trading platforms should be introduced as soon as possible, and the relevant rules including information release, user qualification review, return and exchange rules, capital security and consumer rights protection should be further improved, so as to strengthen the supervision of the industry and the constraints on illegal acts, improve the level of industry governance, and promote the healthy development of the industry.
The entry threshold of the second-hand trading platform must be raised, and the seller must be strictly reviewed when applying to enter the platform, and the threshold for entering the platform must not be made useless. Ren Chao said that it is necessary to continuously improve the platform's technology of capturing illegal product propaganda words, and fight a sniper war with illegal product sellers. In addition, the platform's prohibited word filtering technology often cannot keep up with the speed at which sellers of illegal goods take new evasion measures, and it also needs to rely on buyers' complaints, so the platform must build and ensure the smooth flow of complaint channels and deal with user complaints in a timely manner. Penalties for sellers of illegal goods must be implemented, and a mechanism for evaluating the integrity of red and black lists and sellers can be established on the platform, and punishment measures such as platform public lists and reduced algorithm recommendations can be adopted for users who violate laws and regulations.
Zhang Guodong also believes that on the basis of fulfilling compliance obligations in strict accordance with the E-commerce Law and other relevant laws and regulations, the platform should appropriately raise the entry threshold, and at the same time increase the supervision of sellers and products on the shelves, continue to explore and improve the review methods and review mechanisms for illegal information, and improve data tracking capabilities. Relevant law enforcement departments should continue to intensify the crackdown on the use of second-hand trading platforms as tools to carry out relevant illegal and criminal acts, and eliminate the chaos of illegal sales from the source. At the same time, relevant departments should strengthen education on the rule of law for the public, so that more members of the public know what items can be bought and sold and what items cannot be bought and sold, and reduce illegal acts carried out due to "ignorance".
It is recommended to formulate relevant rules on second-hand trading platforms, clarify the regulatory responsibilities of administrative departments, and establish a cooperative supervision system between administrative departments and second-hand trading platforms. Zhang Guodong said.
Wu Di believes that the platform should actively communicate and cooperate with law enforcement agencies to cooperate with the investigation and crackdown on violations. Establish an information sharing mechanism and form a cooperative system for joint prevention and control. At the same time, the platform should conduct stricter verification of the identity of sellers to ensure that sellers understand and comply with laws and regulations. Strengthen the training of sellers, enhance their legal awareness and responsibility, and reduce the occurrence of violations.
The proliferation of illegal goods on second-hand trading platforms is a complex and severe problem, which requires the joint efforts of all parties in society to form an effective governance mechanism through the combination of legal means, technical means and industry self-discipline. Only in this way can we effectively maintain social order and protect the legitimate rights and interests of buyers and sellers. Wu Di said. (Rule of Law**) Editor: Tian Boqun].