Hangzhou police's overnight investigation of the news on micro-blog fermentation

This morning, a "Shenzhen Enterprise micro-letter Mad Group Ali, Hangzhou police overnight across the province," the news on Weibo fermentation. Titanium Media Editor at the beginning of the micro-blog statistics, criticized Ali "across the province" in pursuit of the voice in micro-blog, but also almost one-sided trend. What's the truth?

This morning, a "Shenzhen Enterprise micro-letter Mad Group Ali, Hangzhou police overnight across the province," the news on Weibo fermentation. Titanium Media Editor at the beginning of the micro-blog statistics, criticized Ali "across the province" in pursuit of the voice in micro-blog, but also almost one-sided trend.

Ping An's official account then issued a statement on the microblog:

For a long time, Shenzhen Technology Co., which calls itself "the largest business-to-business e-commerce platform in southern China" and "cloud Platform Network Loan system", has repeatedly belittled the Taobao brand and personal conduct of corporate executives on micro-credit platforms, undermining the malicious attacks, defamation and business reputation of the company's individuals. Taobao (China) Software Co., Ltd. has carried out evidence preservation, and on one of the "Taobao Ali tax evasion 5 trillion, more than 100 countries GDP" and other particularly bad rumors and defamation information to the Public security organs report.

Visible, Shenzhen technology company on the micro-letter platform on the attack, Alibaba believes that has constituted "damage to commercial reputation" of the clear facts, is the main cause of the dispute. And not "report", but "report". And the biggest difference between criminal report and civil case for "commercial credit" dispute is a criminal case, the reporting party can be "goodwill damage" behavior of the seriousness of the qualitative and quantitative, that is, the specific cause of the loss of clear evidence, which is why very few cases of goodwill disputes can enter the criminal process of one of the most important factors.

According to the titanium media, the Chinese judicial procedure advocated the first criminal after the principle of civil, so Alibaba first criminal report, also in the law and clean up. But at present, according to the titanium media inquiries, the Public security Department of Hangzhou has not made it clear whether the official case, is still in the preliminary inquiry before the case and investigation to understand the stage.

According to the Shenzhen Evening News, Shang, chairman of Dimon company, said 3 plainclothes people entered the company February 5 4 o'clock in the afternoon, claiming to investigate the company's micro-letter release. One of them to show him a police officer card, said he is the Shenzhen Municipal Public Security Bureau of Economic Crime Investigation Bureau Constable, and introduced the other two people are Hangzhou Municipal Public Security Bureau by Investigation Detachment police. 3 people asked to take the company's micro-credit maintenance staff to shun Tung.

This should be the public Security Department is still in the preliminary questioning and investigation phase of the normal questioning process, then the public opinion rose to the so-called "overnight across the province to pursue" some speech.

But this can be used as a general goodwill civil dispute, why will rise to the scope of criminal investigation, Ali has not given a particularly clear quantitative response to loss. According to Alibaba's public statement, Titanium Media editors are trying to search and organize the article on the micro-letter account "gold panning" of Shenzhen di Meng Company, from which the truth can be glimpsed. The micro-letter of the gold panning is: gold, the good place for merchants to gold-China's top ten business-to-business E-commerce platform, south China's largest business-to-business E-commerce platform.

A recent article that caused the most widespread transmission of micro-letters is the February 1, 2015 published "Taobao Ali 5 trillion, more than 100 countries gdp!!! , this article shows that the Di-Meng network loan system www.dimeng.net exclusive feeds.

View this article, indeed with a very strong inflammatory, language, even small make up a little bit shocking. The following quoted from the "Taobao Ali tax evasion 5 trillion, more than 100 countries gdp!!! Full：

U.S. Trade Representative (U.S. Traderepresentative, USTR) in order to combat piracy and counterfeit products, from 2004 to 2013 for 9 consecutive years as a blacklist of Taobao, more than 100 private and official organizations in Europe and the United States have declared war on Taobao, And revealed that 99% of the world's online sales of fake products are from Taobao.

The existence of Taobao, so that Chinese goods in the world notorious, that the Chinese people will only counterfeit sales leave. Taobao caused the Chinese people to clean up the credibility of the country's reputation discount, and repeatedly create "myth" Taobao Let the nation to pay for it, let the country to shame.

The existence of Taobao, so that China's tens of millions of people to give up innovation, ignorant to think that Taobao is their life's entrepreneurial opportunities and career positions. Taobao not only killed the Chinese people's innovation, but also to make people dare not innovate, because the first day of the innovator's products on the market, the next day can be bought on Taobao a large number of counterfeit goods, creating a "who innovation, who perish" curse.

The existence of Taobao, so that tens of millions of Chinese entrepreneurs should have their own products and positions, but Taobao let these tens of millions of groups into free flow and the sale of counterfeit products slaves. Tens of millions of hard work on Taobao shopkeepers, 95% of all in the loss, only 4% can barely capital preservation, and can really make money only 1% of profit, even if the income level of profit-making group is only a poor 300-3000 yuan, far less serious play a good reform come more affordable and earn more.

The existence of Taobao, the cultivation of more than 30 million brain residue, neck crooked, chest convex, waist bad, lame group, unworthy of always good and simple Chinese nation. The vast majority of college students, housewives, unemployed young people do not go to find a job, because listen to Taobao "free entrepreneurship, easy when the boss" of the idea of Bewitched, Taobao produced a serious dependence, as if to take opium generally become the spirit and flesh of the poison.

According to the relevant agency statistics, China every year to add 3.005 billion of Taobao worms, these Taobao brainwashed Taobao worms because of long-term buried in the computer next to work more than 10 hours a day, most suffering from migraine, cervical vertebra, thoracic spine, lumbar spine, sciatic nerve and other serious diseases, as long as engaged in Taobao shop for more than three years, 99% Taobao insect body and mind have been seriously damaged and destroyed!

Taobao emptied the Treasury, the country and the people are not rich. Taobao, Cat, Alipay, etc. ali system Annual transaction volume of more than 10 trillion yuan, 10 years cumulative total transactions over 100 trillion. However, such a large amount of transactions did not pay the country a penny of the tax, the annual tax evasion amount of more than 1 trillion, 10 cumulative tax evasion 5 trillion, more than 100 countries in the world's GDP.

Once formed and seated, the monopoly electric quotient will threaten the survival of 50 million small and medium-sized enterprises in China, seriously worsen the enterprise ecological environment and completely kill the innovation power of 50 million enterprises in China, make it become the slave of Taobao, and transform China into the desert of enterprise innovation completely.

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In addition, a number of recent articles have a lot of inflammatory, viewing content, according to preliminary judgments, but also do not have a clear source of rumors and malicious slander, the following is part of the collation of the title:

1, 2015-01-30 Taobao not perish, China is not rich

2, 2015-01-31 Ali myth shattered, Taobao disaster began!

3, 2015-02-01 Taobao Ali tax evasion 5 trillion, more than 100 countries gdp!!!

4. What kind of hand did the watchdog and the thief hold in 2015-02-02? --Comments on the State Administration of commerce and Taobao drama

5, 2015-02-03 Truth revealed: Ma Yun treasure crisis in where? It's terrible!

It is noteworthy that almost at the end of each of the most inflammatory articles, there are gold panning their own text ads and two-dimensional code ads, "Gold rush-the largest business-to-business e-commerce platform in southern China, the Chinese business-to-business e-commerce ten strong." Focus on building machinery and equipment, instrumentation, hardware security, rubber and plastic chemicals, energy building materials, electrical and electronic, clothing home, jewelry and other 12 major segments of the industry. Has 8.3 million small and medium-sized micro-enterprise members, the average daily active buyers more than 10,000, covering more than 3,000 cities worldwide, more than 300 industries, affecting more than 120 million business people. ”

According to public information, Dimon company was founded in September 2007, its brand gold mining is the largest business-to-business e-commerce platform in southern China, the national business-to-business Ten Strong, and business-to-business industry boss Alibaba has a certain market competition relationship.

Titanium Media enquiries about commercial disputes lawyers learned that the above description, the Gold Rush, or the Shenzhen Company and the boss of the business-to-business industry Alibaba has a certain market competition, involving fierce attacks on competitors, may involve unfair competition, and more easily in the "damage to goodwill" behavior in the qualitative. In addition to Alibaba to prove their own suffering losses, if these damage goodwill of the speech act to the gold rush brought real benefits, such as through advertising, the spread of influence brought about by the actual orders, etc., these gains can be traced back to Alibaba's losses.

According to the 14th article of the Anti-Unfair Competition Act, the operator shall not fabricate or disseminate false facts and impair the commercial reputation and reputation of the competitor.

Elements of the Act:

1. The subject of the act is the operator in the market operation, and the operator must be in the same field and have a competitive relationship.

2. It is objectively certain that such defamation has been committed.

3. Damage to competitors.

4. Defamation of goodwill consists of two specific aspects: it can be a commercial reputation or a commodity reputation.

20th the operator violates the provisions of this law and causes damage to the injured operator, it shall bear the liability for damages, and the loss of the injured operator is difficult to calculate, and the amount of compensation is the profit earned by the infringer for infringement during the infringement period; and shall bear the reasonable expenses paid by the aggrieved operator for investigating the improper competition behavior of the operator against its lawful rights and interests.

Which belong to the civil sphere and which can be entered into the criminal field? There are some definitions of Chinese law at present. As to the serious and bad nature of the infringement of goodwill, our criminal law stipulates the corresponding penalty to combat the crime of violating the legitimate rights and interests of the parties. That happened before, Mengniu, Yili commercial reputation defamation incident, the public security organs of suspected infringement of goodwill crime planning company employees and Mengniu management to arrest and investigate criminal responsibility, that is, according to the No. 221 article of our Penal Code stipulates: "Fabricating and spreading false facts to damage the commercial reputation of others, commodity reputation, Where a significant loss or other serious circumstance is caused to another person, he shall be sentenced to two years ' imprisonment or criminal detention, and shall be fined at a single place. ”

This may be Alibaba in the strands into the swirl of public opinion, still attitude so resolute, to the public security organs to seek criminal report and protection of the most core motives.

However, the lawyers also pointed out that the criminal law does not have a clear definition of "significant loss" and "Other serious circumstances", and the practice is determined by the judicial organs according to the specific circumstances of the case. Generally, it is generally believed that the major loss is that the perpetrator carried out and repeatedly carried out damage to the goodwill of others, resulting in depreciation of goodwill, which in turn makes others suffer significant economic losses and even face bankruptcy situation. Other serious circumstances refer to the repeated defamation of goodwill or the defamation of many people, the use of particularly bad means for defamation, or other serious consequences other than economic damage. and related to economic losses, often can be found in the loss of more than 500,000 yuan. This should be the core element of how the case ultimately defines itself.

At present, whether the case can be finally filed and how the judiciary sentenced is not clear, but "goodwill" parties to seek criminal and judicial protection, there is nothing wrong, we would like to see the incident within the framework of the law.

In addition, the micro-trust platform itself is constantly strengthening the clean-up of micro-credit rumors.