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published in(发表于) 2016/5/3 5:49:41
“One draw“ shopping sites: experts say should be stopped,

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中文

"One draw" shopping sites: expert says stop-shopping site, sweepstakes, lottery-IT information

According to the voice of the news aspect of the news, "the market more than 300,000 yuan worth of luxury cars, brand name bags, flagship phone, spend a dollar you can get! "Normally somebody has to say this to you, you won't believe this. But lately, that can take advantage of greater good has become on the Internet "can be seen everywhere." Expensive cars, called the package "at your fingertips", just imagine who can not move it? This is called "one draw" shopping sites.

Visit this site, as long as you spend a dollar, you can buy your lottery number, there is an opportunity worth hundreds of thousands of BMW cars. You may ask, how is probability? Don't worry, site with a variety of "lucky person" show video responded: very high. Then, a lottery-style shopping, really: there is so much cheaper to make?

In the search engine, enter "Indiana", "shopping" and other keywords, will soon be out of a lot of similar sites, many of which are also produced by the well-known Portal company. At first glance, their page is no different and the usual shopping website, but no price, but sold and a price. Participants can spend a dollar, buying a "lucky number" and get a chance to win a piece of merchandise, down to the calling cards of dozens of dollars to hundreds of thousands of luxury cars, you name it. Web site in addition to a variety of "lucky" Sun, as well as their "theories", one of the winners in a website interview, says he has spent 10 dollars to buy 10 raffle, a BMW car.

Another luxury car winner, said they shopped all around several villages, many people have won.

The winners from the a dollar a copy, you can buy multiple times to deduct, dozens of money in the car, a few dollars in the iPhone, seems to have infinite possibilities. But reporter through query found, these "a Yuan purchased" website Shang products can into of copies number, forever are above products of actual price, like value 20 Yuan of phone card was into 28 copies, official website price 6088 Yuan of Apple phone, was into has 6,480 copies, despite last will has a people to low price took prizes, but other people are is empty-handed and return, website always stability earned not lost. In this regard, Yue Cheng law firm Yue 屾shan pointed out that Lottery sales activity, it is believed to belong to the class of raffle prize, through such websites for cars, high-end electronics products, sweepstakes, more than 5000 Yuan, had already suspected of violating the law against unfair competition. This is the market in the course of business activities is not allowed.

Civil and commercial law research center of Renmin University Internet Law Institute Deputy Director Zhu Wei believes that this marketing model, though much like the lottery forms, but as gambling. National legal provides, legal of lottery just in related of legal sector only can issued, left all of this quoted, of "Lottery", actually are is a disguised of gambling , do makers of people forever also not lost, especially like this "a Yuan broad Award", with gambling very very close of features is to small broad, full by "luck", it of possibilities all master in makers, and is Internet provides business of hands, they let who pumping in the, or is how a rules, is at any time changes of. Lack of regulatory supervision.

And as the lottery operator, a company called "purchase" staff said, they all have normal registration and filing of such behavior, no problem. "If we are suspected of gambling, we are not operating properly, our website, our platform through the industrial and commercial sector is legally registered and operated, are visible to the supervision authority, if we have no legitimate place, we are not yet in operation. If you have a question, somebody reports were right. ”

The reporters found that, similar to a lottery company, are in the local industrial and commercial sector has registered and has been part of the product sold, but no qualification of sales of motor vehicles and other products it is selling. Zhu Wei told reporters that such sales have involved the scope of gambling, it is recommended that relevant regulatory departments act as soon as possible. Ordinary consumers do not understand the details of the process, a lot of people try, put a piece of money two dollars, some people in order to increase the chance of winning a lot of money, a huge amount, it will affect more than just the normal order of the market, and may involve the scope of gambling crimes, the relevant departments the lottery should be stopped early.


“一元抽奖式”购物网站兴起:专家称应叫停 - 购物网站,抽奖,彩票 - IT资讯

据中国之声《新闻纵横》报道,“市场价值30多万元的豪华汽车、名牌箱包、旗舰手机,花一块钱就能获得!”平常要有人跟您这么说,估计您肯定不会相信。但最近,这种能占大便宜的好事却在网上变得“随处可见”。价值不菲的名车、名包“唾手可得”,试想谁能不动心呢?这是一种叫做“一元抽奖式”的购物网站。

登陆这个网站,您只要花一块钱,就能买到抽奖号,有机会抽到价值几十万的宝马汽车。您可能会问,中奖率怎么样?别急,网站用了各种“幸运者”现身说法的视频给予了回应:非常高。那么,这一元抽奖式购物,真的有这么大的便宜可赚吗?

在搜索引擎上输入“一元夺宝”、“一元购物”等关键字,马上就会跳出很多类似网站,其中不少还是由知名门户企业制作的。乍一看,它们的页面和平时的购物网站没什么不同,只是产品没有价格,而是按份卖,一份售价一元。参与者只要花一块钱,购买一个“幸运号码”,就有机会获得某一件商品,小到几十块钱的电话卡到几十万元的高档汽车,应有尽有。网站上除了各种“幸运儿”的晒单,还有他们的“现身说法”,一位中奖者在接受网站采访时,说自己花10块钱买了10份抽奖券,中了一辆宝马汽车。

另一位抽中豪车的中奖者说,他们周边几个村子都在买,很多人都中奖了。

中奖者现身说法,一块钱一份,还可以多次购买以小博大,几十块钱中豪车,几块钱中苹果手机,似乎有无限可能。但记者通过查询发现,这些“一元购”网站上产品可分成的份数,永远都高于产品的实际售价,比如价值20元的电话卡被分成28份,官网售价6088元的苹果手机,被分成了6480份,尽管最后会有一人以低价拿走奖品,但其他人都是空手而归,网站总是稳赚不赔。对此,岳成律师事务所律师岳屾山指出,抽奖式的销售活动,一般认为它是属于抽奖类的有奖销售,通过此类网站进行的汽车、高档电子产品的有奖销售,超过5000元的,已经涉嫌违法了《反不正当竞争法》。这是市场经营活动过程中所不允许的。

而中国人民大学民商事法律科学研究中心网络法研究所副所长朱巍认为,这种营销模式,虽然很像彩票的形式,但实际上与赌博无异。国家法律规定,合法的彩票只是在相关的合法部门才可以发行,剩下所有的这种带引号的“彩票”,实际上都是一种变相的赌博,做庄家的人永远也不亏,特别是像这种“一元博大奖”,跟赌博非常非常接近的特点就是以小博大,全靠“运气”,它的可能性全都掌握在庄家、也就是互联网提供商的手中,他们让谁抽中,或者是怎么一个规则,是随时变动的。监管部门缺乏监管。

而作为抽奖的运营方,一家名为“一元云购”的客服人员说,他们都有正常的工商登记和备案,这样的行为,没有问题。“如果我们涉嫌赌博,我们现在也不会正常运营,我们的网站、我们的平台都是通过了工商部门的合法注册并且运营的,监督局管理局都可以查看的到,如果我们有不合法的地方,我们也不会现在还在运营的。如果有问题,肯定有人举报对不对。”

经记者查询发现,几家类似一元抽奖的企业,的确都在当地工商部门进行了注册且取得了部分产品的销售许可,却没有其正在贩卖的汽车等产品的销售资质。朱巍告诉记者,这样的销售行为已经涉及到了赌博罪的范畴,建议相关监管部门早日行动。普通的消费者不了解里面具体的流程,很多人抱着试试看,投了一块钱两块钱,有的人为了增加中奖机会投了很多的钱,数额特别巨大,这就不仅仅影响市场正常秩序,而且可能涉及到了赌博罪的范畴,所以有关部门应该对这些一元抽奖早点喊停。






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