At present, the 12315 Complaint and Reporting Center is mainly responsible for accepting complaints and reports from online consumers. In some cases, there are also cases where the report is made directly by phone. Subsequently, anti-counterfeiters who did not belong to the formal profession were carried out at the same time as complaints and reports.
For people who do not need to buy goods for daily consumption, I often complain and report that they are not regular professional anti-counterfeiters. However, this kind of person plays a routine with the report letter, they do not directly write a complaint, but send a written report. Article 9 of the "Interim Measures for the Handling of Complaints and Reports for Market Regulation" shall provide the following materials for complaints: (1) the complainant's name, telephone number, and mailing address, (2) the name (name) and address of the respondent, and (3) the specific complaint request and the facts of the dispute over consumer rights and interests.
Article 14: The market regulation departments that have the handling authority provided for in these Measures shall make a decision to accept or not accept the complaint within 7 working days of receiving it, and inform the complainant.
Under normal circumstances, the law enforcement officers of the market regulation department will make a decision to accept or reject the case within seven working days in accordance with the provisions of this article, and then notify the complainant through the Internet, mobile phone text message, and written notification respectively.
Article 31 of the "Interim Measures for the Handling of Complaints and Reports on Market Regulation" The departments for market regulation shall handle reports in accordance with relevant provisions such as administrative penalties for market regulation and regulation. Where informants make real-name reports, the departments for market regulation that have the authority to handle them shall also inform the informant within 5 working days of making a decision on whether to file a case.
At present, these non-formal professional anti-counterfeiters use the complaints in the "Interim Measures for the Handling of Complaints and Reports for Market Regulation" to make a decision to accept or not to accept the complaint within seven working days, and the decision on whether to file a case in the report shall be verified within 15 working days from the date of discovery of clues or receipt of materials, and the responsible person of the market supervision and management department shall decide whether to file the case; under special circumstances, it may be extended by 15 working days with the approval of the responsible person of the market supervision and management department. Except as otherwise provided by laws, regulations, and rules. Now the so-called professional anti-counterfeiters adopt a routine on the complaint and report letter to paralyze the inattentive law enforcement officers.
Here is a report letter from Cheng Mou in Luohe City, Henan Province, with the title "About the real-name report against XX Agricultural Development Co., Ltd." Law enforcement personnel who receive such a report letter will generally inform the informant within five working days of whether to file a case in accordance with article 31 of the "Interim Measures for the Handling of Complaints and Reports for Market Regulation".
However, there is such a sentence at the end of the report letter, which requires the reported person to pay compensation in accordance with the law. If the law enforcement officer simply replies that the facts of the reported person's violation are not established, and decides not to file a case, it will fall into the trap of professional anti-counterfeiters. They will apply for an administrative review on the grounds that if they do not respond to the claim for compensation, the law enforcement authorities will most likely lose the case.
The other is that on the surface, it is a complaint, but there is such a sentence at the end: the complainant demands investigation and punishment of the illegal acts of the merchant due to the disadvantage of protecting his rights, which is often referred to as "lawsuit transfer". This should also inform whether to file a case.
In the case of this kind of report letter, before making a decision not to file the case, the informant should be informed that the compensation you are asking for, and the respondent refuses to mediate and compensate, and according to Article 21 of the Interim Measures for the Handling of Complaints and Reports for Market Regulation, if the complainant or respondent does not participate in mediation without a legitimate reason, or the respondent explicitly refuses to mediate, the mediation shall be terminated.
Law enforcement personnel should also pay attention to one point in handling consumer complaints and reports in the field of market supervision, some people specifically proposed that law enforcement officers can provide the phone number to the reported person, and if the report letter does not mention that the informant's phone number can be disclosed, it must not be disclosed, once the reported person takes the initiative to communicate with the informant by phone, the informant will also complain to the market supervision department through letters and visits.
Therefore, the market supervision department should have a comprehensive grasp of business knowledge and skills in handling complaints and reports.