In life, there are always some people who are in a hurry to go to the doctor, and even think that health care products have medical effects. Recently, Mr. Li told reporters that his son Li Hai, who suffers from schizophrenia, was persuaded to buy 60,000 yuan of health care products when he worked in a factory in Shenzhen last year, and the other party said that "these health care products can treat mental illness", but Li Hai stopped taking psychotropic drugs because of eating health care products, and his condition recurred and was hospitalized, and has been controlled after treatment.
Mr. Li's son's mental disability certificate
"These people saw that my son was so deceitful that they kept persuading him to buy health care products, and said that eating it would cure his schizophrenia." Mr. Li said that after his relapse, he still believed that health care products had a therapeutic effect, "He was very persistent about eating health care products, and once he ate a mouth full of powder in the car, and I saw that it was very painful." ”
From the photos of a variety of health care products taken by Mr. Li, it can be seen that the health care products are foreign brands, printed with words such as "inovital" and "belsante", which can be recognized from English as "healthy liver powder" and "probiotic powder", etc., and have no effect on treating mental illness. The reporter also found that there is a box of health care products designed for women to alleviate menstrual discomfort. Mr. Li said that he suspected that these products were sanwu products, and did not know whether they were true or false, and had gone to the relevant departments to reflect the problem, and got a response that his son was carrying out normal health care product transactions, but the price was high, "just like a bottle of mineral water originally sold for 1 yuan, but sold to your son for 10 yuan." ”
The reporter found on the shopping website that the product was healthy liver powder
"If you go through the legal process to identify this health care product, it will cost a lot of money, and I can't afford it." Mr. Lee said.
In the "Declaration of Sponsorship" provided by the respondent, the sponsor Chinese named "Bijun Trading and Investment Co., Ltd." and the signature was two "sponsors" with a telephone. The reporter inquired that Bijun Trading and Investment Co., Ltd. was established on March 8, 2017 and completed registration in Hong Kong. When the reporter asked whether he sold health care products to Li Hai last year, she immediately changed her mouth to say that she did not know about the matter, and she was not Huang, but the reporter made a mistake. The phone of another sponsor, Gao Mou, has not been answered.
The reporter found on the shopping website that the product is designed for women and can alleviate menstrual discomfort
The reporter saw from the screenshot of the transfer that Li Hai transferred to Gao and Huang through WeChat and Alipay several times, the highest one was 25,000 yuan, the lowest was 100 yuan, and the total amount was more than 60,000 yuan.
Is it illegal to induce a psychopath to buy a health supplement?
Zeng Xuezhi, director of Guangdong Weilun Law Firm and an expert on judicial consultation supervised by the Standing Committee of the Provincial People's Congress, said that if a party's schizophrenia causes him to be unable to identify or fully identify his own conduct, the civil juristic act carried out as a person without capacity for civil conduct or a person with limited capacity for civil conduct is invalid or has not yet taken effect, and the seller should refund the purchase price of 60,000 yuan.
"Declaration of Sponsorship" when purchasing health products
According to Article 349 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, "In a litigation, if an interested party submits that the party suffers from mental illness and requests that the party has no capacity for civil conduct or limited capacity for civil conduct, the interested party shall submit an application to the people's court, and the people's court subject to litigation shall file the case for trial in accordance with special procedures, and the original litigation shall be suspended." "Whether a person without capacity for civil conduct or a person with limited capacity for civil conduct shall be declared by the court through special procedures.
In addition, lawyer Zeng Xuezhi believes that if the seller claims in the advertisement that the products he operates have disease prevention and treatment functions, affects the consumer's belief that he can cure mental illness and make a wrong judgment, and achieves the purpose of high-priced sales, suspected of violating the law, he can complain to the local municipal supervision bureau and investigate and punish his illegal behavior.
(Pseudonyms in the text at the request of the interviewee)
[Reporter] Wang Yueying Intern Li Yawen
【Author】 Wang Yueying
Southern Probe