在日常消费中,一些原本简单快捷的服务,如今却需要消费者关注公众号、下载APP才能实现。在一些商场,不装APP小车推不了、发票开不了,有的还用海报宣传用APP支付可以“不排队”,有的饭店需要消费者关注餐馆公众号后,才能让消费者看到更新、更全的菜单……如此一来,不仅侵犯了消费者的合法权益,那些不擅长使用智能手机或不愿下载新应用的消费者尤其是老年人,更遭遇到了消费障碍。

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.

  《消费者权益保护法》规定:消费者享有自主选择商品或者服务的权利。消费者有权自主选择提供商品或者服务的经营者,自主选择商品品种或者服务方式,自主决定购买或者不购买任何一种商品、接受或者不接受任何一项服务。显然,强制或变相强制要求下载APP就是侵害了消费者权益。

《 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,此举还可能会带来支付安全问题。本来一些不打算使用电子支付手段的老年人,因为想用购物车就不得不开通电子支付,但这可能因此给下一次消费埋下支付安全风险的隐患。无论出于何种目的,靠捆绑APP消费或捆绑微信公众号消费,均会给当事人带来信息安全及资金安全风险。从这一层面看,商家的做法确实念歪了生意经。

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.

  更为严重的是,有的商家需要客户扫码关注公众号,才开具电子发票,显然侵害了消费者合法权益,于法无据。我国《消费者权益保护法》《中华人民共和国发票管理办法》明确规定:消费者索要发票等购货凭证,经营者必须出具。可见,提供发票是纳税人法定的强制性义务,索取发票是消费者的合法权利。

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.

  规避捆绑APP消费,一方面,商家应该守法诚信经营。强制消费者安装APP或关注微信公众号,其目的不外乎为了留住消费者,以及推送广告,但前提是必须尊重消费者的选择权,避免给消费者带来不便与安全隐患。毕竟,某些强制、霸道手段只会让消费者反感,即使能获得下载或一时关注,也难逃消费者的摒弃,对店家生意也谈不上有利。

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,市场监管部门应对此类现象给予重视,督促和监管商家必须在法律框架内行事。诚如前述,不下载APP不开发票等行为不仅于法无据,更是违法行为。根据《发票管理办法》,拒开发票由税务机关责令改正,可以处1万元以下罚款;有违法所得的予以没收。相关职能部门要对违法违规行为常态化亮剑,彻底消除此类现象。(杨玉龙)

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)


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