China News Service, November 7 (Reporter Zhang Xiaoyu) According to Shisu News, a customer in Qingdao, Shandong Province recently claimed that he had hair on his takeout and applied for a "refund only" online. However, the rider Mr. Du said that the takeout was almost all eaten and the merchant owner was bald. Mr. Du lamented that "there is almost no cost to malicious refunds," which once again triggered discussions among netizens about the abuse of the "refund only" rule. On the 6th, Zhang Zhonghui, a lawyer from Beijing Sino Law Firm, was interviewed by a reporter from China News Network and provided a legal interpretation on how to legally characterize malicious refunds by takeaway consumers, what responsibilities they should bear, and how merchants should protect their rights:
From the perspective of civil legal relations, this is typical fraud and unjust enrichment. If a customer fabricates "eating out his hair" and obtains a refund, this is fraud. According to Article 148 of the Civil Code of the People's Republic of China, the merchant has the right to request a revocation of the refund. At the same time, if the customer obtains a refund without returning the goods (the food has been eaten), there is no legal basis and is an unjust enrichment. According to Article 985 of the Civil Code of the People's Republic of China, the merchant has the right to request a refund. From a public law perspective, fabricating facts to defraud others of property is an act of fraud stipulated in Article 58 of the "Public Security Administration Punishment Law of the People's Republic of China" and may be punished with detention and a fine; if the amount of fraud is "large", criminal liability may also be pursued in accordance with Article 266 of the "Criminal Law of the People's Republic of China". A single takeout refund usually does not reach the criminal threshold, but if the same customer fraudulently obtains multiple refunds cumulatively, the amounts can be added up.
In terms of civil liability for malicious refunds by takeaway consumers: the fraudulent refunds must be refunded, and the merchants must be compensated for the resulting direct losses in food costs, delivery, labor, etc.; in serious cases, an apology must be made and the impact must be eliminated. In terms of administrative responsibility, according to the provisions of Article 58 of the "Public Security Administration Punishment Law of the People's Republic of China", fraud can be punished with a detention of not less than five days and not more than ten days or a fine of not more than two thousand yuan. If the circumstances are more serious, it can be detained for not less than ten days but not more than fifteen days, and a fine of not more than three thousand yuan can be imposed. In terms of criminal liability, if the cumulative amount reaches the standard, it is suspected of fraud (Article 266 of the Criminal Law of the People's Republic of China). In addition, the platform can also take measures such as restricting and banning malicious accounts in accordance with rules.
To protect merchants' rights, merchants must first secure evidence and save order snapshots, refund records, "completed" meal photos or meal pickup videos, and communication records with customers and the platform; secondly, appeal to the platform, first appeal within the platform to recover refunds and deal with malicious accounts; thirdly, call the police or prosecute according to the circumstances. If the amount or circumstances meet the standards, the case can be reported to the public security agency to pursue public security or criminal liability. (over)
