From a legal point of view, the display of dishes by the takeaway platform belongs to the invitation to make an offer, the user's order constitutes an offer, the merchant's acceptance of the order constitutes a commitment, and the parties constitute a legal legal relationship. Takeaway platforms are obliged to arrange for riders to deliver dishes to users on time. Riders assisted by the platform party to perform the obligation of timely and proper delivery, which is a performance assistant.
If the platform party defaults, such as the dish does not conform to the display, or is delayed without reason, the user can cancel the contract, that is, cancel the order. Users can also evaluate platform parties, merchants and riders during the contract performance process, including positive and negative reviews.
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Recently, the 22-year-old boy in Shenzhen retaliated against the female customer's sentence after running for several months of takeaway, which triggered heated discussion among netizens.
The takeaway worker Zheng mou is an authentic Hunan person, according to Zheng's brother description, Zheng mou is brought up by his brother, because he is the youngest child at home and is loved by his family. Playing Xiao Zheng has a docile personality, usually quarrels with people, and Zheng, who does not like to study, dropped out of school early and followed his brother to Guangdong to work.
After Zheng mou spent some time in the factory, he did not want to stay in Guangdong anymore, so he ran to Shenzhen alone to develop and started the work of a takeaway rider. Who would have thought that because of a takeaway order, because of their own impulses, they would personally send themselves to prison.
One day in June 2021, Zheng sent takeaway to the female customer Xiaoye, who felt that the speed was too slow and verbally said that he wanted a bad review, and said some uncomfortable words about Zheng, so he wanted to retaliate against Xiaoye.
On the evening of June 28, the first time Zheng pretended to deliver takeaway food in the community where Xiaoye was located, after knocking on the door, Zheng claimed to be a takeaway worker, with customer takeaway in his hand, Xiaoye said that he did not order takeaway, so Zheng confirmed the room number and said that he made a mistake and left.
The second time Zheng knocked on the door again, rushed into the room and closed the door when Xiaoye opened the door, covered his mouth with his hand, and asked Xiaoye for 3,000 yuan, saying that his father was sick and needed money to treat his illness. During the confrontation, Zheng pushed Xiaoye down and controlled it to the ground, causing Xiaoye to be injured (identified as a minor injury). During the period, Xiaoye strangled Zheng's neck (after identification, it did not constitute a minor injury), and on the pretext of taking money, asked Zheng to let her go. After getting up, Xiaoye said to Zheng, "I don't call the police now that you leave", and Zheng opened the door on his own and left. Subsequently, Leaflet called the police.
On June 30, Zheng was criminally detained and arrested on July 14 of the same year. The public prosecution organ held that Zheng mou, for the purpose of illegal possession, entered the house and robbed, the facts of the crime were clear, the evidence was credible and sufficient, and criminal responsibility should be pursued for the crime of robbery.
From a legal point of view, in this case, Zheng did not carry any murder weapon, did not use violence that was enough to suppress the resistance of the victim Xiaoye, belonged to the occasional offender, a first-time offender, because the family was poor and impulsively violated the law, it was a crime suspended, and the court could punish it according to a lighter punishment.
Afterwards, Zheng's brother said that "Grandma was paralyzed in bed, his father suffered from cerebral thrombosis, and after Zheng's accident, life at home was even more difficult." And no matter how difficult it is at home, Zheng should not try the law by example, go astray, and embark on a path of violation.
In fact, not only zheng mou case, but the small writing of this article is to tell everyone that many similar incidents that occur in daily life have also sounded the alarm for other young people, and they must think twice before doing things, must be strictly self-controlled, and calmly deal with things in order to stay away from crime.