Domestic assembly Computer first case: whether illegal enforcement of the focus

This reporter Huang Jiao Guangdong zhaoqing Report placed 7 assembled computer was fined 70,000 yuan, November 18, the industry's concern of the "domestic assembly computer first case" in Zhaoqing City, Guangdong Duanzhou District Court formal hearing. 18th, 19th, 20th three consecutive days three sessions, Quality Supervision Bureau insisted that the punishment is reasonable, punished merchant Mo Xiaoming (alias) is insisted that the computer is not sales but the demonstration, both sides argue fiercely. The video data produced by each of them became the key evidence of the court, and whether law enforcement officials violated the law was the focus of the court.　　Our correspondent attended the whole trial process at the scene.　　Key evidence: The video data produced by both sides in court, Mo Xiaoming insisted that the computer is on-site demo rather than sales, the sale is assembled computer accessories, as the computer next to the "sign" is recommended to consumers to assemble the Computer Configuration scheme, which is very common in the computer-installed market. The display of the computer is sales or demonstration, in the court, the two sides in this debate.　　Subsequently, the video data released by each other led to a focus on three aspects of the issue.　　First, the "sign" and the actual assembly of computer configuration is inconsistent, whether it is a live demo or on-site sales? In the court, the Zhaoqing Quality Supervision Bureau provides video data, computer Configuration price tag on the chassis brand, display brand, and the kind of different.　　Reporters at the scene noted that the Quality Supervision Bureau to provide three details of the video data: At the beginning of the video: Happy Home Entertainment Intel value standard, the logo is written on the "HY (modern) 17-inch display", but the next supporting demo is "16-inch LCD."　　In the screen playback to 3 minutes 16 seconds, the card on the chassis is a "colorful" brand chassis, but the physical host is used by the chassis is "PU" brand.　　In the screen playback to 9 minutes 10 seconds, the logo is written on the brand 19-inch LG Display, but next to the supporting demo is a modern brand display. "Because the inventory of modern monitors is relatively much, so use modern displays instead of LG Display to do the demo." "Mo Xiaoming in court said," but the actual assembly is shipped in accordance with customer demand for assembly, at that time put the assembly of the demonstration of the computer is loosely coupled, there is no fixed model, there is no fixed collocation, but at any time to replace accessories, flexible with the demo.　　"Second, do not include the operating system of the Assembly computer, whether the need for 3C certification?" Zhaoqing Quality Supervision Bureau provided the video shows that all the computer Configuration price tag has XP software separate quotes.　　According to the National Certification and Accreditation Regulatory Commission of the 2007 9th "Compulsory Certification product catalogue description and Definition table", the microcomputer is composed of calculation module, storage module, power supply module and operating system, with independent structure of the entity.　　Mo Xiaoming in court repeatedly insisted that the evidence provided by the Zhaoqing Bureau of the "sign" price does not contain the operating system, does not constitute the compulsory certification product catalogue description and definition of the microcomputer description. If this "sign" is offered as a sales offer, Mo Xiaoming said,Then this "sign" is not included in the original XP operating system "offer", if the "offer" price purchase, the shopkeeper will not provide the genuine XP operating system, the Zhaoqing Quality Supervision Bureau can not use this "sign" to determine the owner of the Assembly required 3C certification.　　Third, the computer Configuration price tag on the CPU has marked "boxed", the CPU in the original box has not been opened, whether it is in advance assembly sales? CPU as the "heart" of the computer, in the assembly of computers, customers are often the CPU is "boxed unopened" is very concerned about. Zhaoqing Quality Supervision Bureau insists that "sign" marked a price on the formation of "sales offer", belong to sales behavior.　　Mo Xiaoming explained that the reason for the "sign" CPU marked "box" word, indicating that the delivery is the use of boxed unopened goods, not the demo machine has been opened the CPU, in order to reassure customers. "CPU in the original box has not been opened, talk about the prior assembly sales?" Mo Xiaoming insists that the "signage" listed in the store refers to the new boxed unopened fittings in the warehouse, which is a recommended assembly computer solution to the customer, not a site sale. "Quality Supervision Bureau if really want to prove that I was on site sales, in fact very simple, costume into a customer site to buy a, if it did buy, hands hold evidence, I was punished convinced." "Debate scene: whether the violation of law enforcement is the focus of the field sales or demonstrations, the two sides in the court debate endlessly."　　In addition, whether law enforcement officers of the Quality Supervision Bureau violate law enforcement has become another focus of court debate.　　In court, Mo Xiaoming released a computer store surveillance video shows that March 2, March 6, Zhaoqing Quality Supervision Bureau law enforcement officers to law enforcement, not in accordance with the relevant provisions of the State dress.　　According to the "Guangdong Quality and technical supervision of administrative law enforcement work rules (for trial Implementation)" 24th article outside the handling personnel should pay attention to the appearance of the instrument, according to the provisions wear badge, badges, armbands, collar emblem and "administrative law enforcement card." The surveillance footage released by the court also revealed that only one of the law enforcement officers of the Zhaoqing Quality Supervision Bureau showed the law enforcement certificate. According to the 37th article of Administrative Punishment Law of the People's Republic of China, when an administrative organ investigates or carries out an inspection, the law enforcement officers shall not be less than two persons, and shall present their certificates to the parties or related personnel.　　Mo Xiaoming that such an illegal law enforcement undermines the image of national law enforcement personnel. After the third session of November 20, the verdict was not pronounced and the time for the next session was not announced.