2024-09-09
한어Русский языкEnglishFrançaisIndonesianSanskrit日本語DeutschPortuguêsΕλληνικάespañolItalianoSuomalainenLatina
recently, simba's online attack on the three sheep has continued to attract attention.on the evening of september 4, simbawhile questioning the business model of three sheepexpress,regarding the controversial products sold by three sheep, such as pork with preserved vegetables, hair dryers, and maotai liquor,it will take out 100 million yuan to compensate consumers on behalf of three sheep.
simba and the three sheep had a dispute this timethe origin of this issue is that the two anchors simba and xiao yangge recently sold the same brand of hairy crabs at different prices.
according to media reportsthe products sold by brother yang are male crabs weighing 3 taels, female crabs weighing 2 taels, and packs of 4 pairs, priced at 298 yuan per box, and the second box is 0 yuan, equivalent to 149 yuan per box; the products sold by simba are male crabs weighing 4 taels, female crabs weighing 3 taels, and packs of 4 pairs, priced at 238 yuan per box, and if you buy three, you get 4 boxes for a total, plus a box of iced black tea, equivalent to 178.5 yuan per box.
simba said in a live broadcast that he was reported by xiao yangge's team when he was selling hairy crabs, and accused xiao yangge's team of having problems in quality inspection, after-sales service, and compensation attitude. lu wenqing, co-founder of three sheep, said that simba would do anything to gain traffic.
on the evening of september 4, simba posted a message to apologize to netizens for the hairy crab incident, saying that xinxuan anchors are prohibited from selling hairy crabs this year. simba also said that he would take out 100 million yuan to compensate consumers on behalf of three sheep., and gave the three sheep a week to deal with the matter。
at the same time, simba also broke a lot of news, such as the three sheep set up a scheme to "send" the anchor momo to jail, and lu wenqing was sentenced to probation for brushing orders, etc., which aroused public attention.
lu wenqing once hid his douyin account, but later opened it to respond to many questions. he said that he had indeed taken a detour, and that the online rumors about his problems with a certain lady were rumors. he also said that three sheep had not been punished for selling the involved preserved plum products, but three sheep has not yet publicly responded to the question of momo's whereabouts.
unlike simba's public statement that the sale of hairy crabs is prohibited this year, xiaoxiang morning news reporters noticed that the live broadcast room of three sheep network has continued to promote the sale of hairy crabs in recent days. however, due to the related rumors in recent days, the atmosphere in the comment area of its live broadcast room has become a bit "strange", and the screen has been flooded with "dog heads" or other animal emojis several times.
on september 9, five days had passed since simba announced that he would compensate for the loss, and two days were left before the one-week deadline he announced, but three sheep had not yet made a statement on the matter. xiaoxiang morning news reporter contacted three sheep network technology co., ltd. about the matter, but has not received a response.
simba paid 100 million yuan in compensation to consumers on behalf of three sheep. is this practice legal?
liu ming, executive director of hunan ruibang law firm, said that under normal circumstances, if simba voluntarily pays compensation and is able to fulfill his promise, the law does not prohibit it, so it is legal. however, if his remarks are false or he fails to fulfill his promise, it is another matter.
but some lawyers hold opposing views. li min, a special researcher at the e-commerce research center of the china internet network information center and a senior partner of shanghai han sheng law firm, said in an interview with the media that simba's move can be seen as a public relations strategy to enhance its own commercial interests. on the surface, it is to protect the rights of consumers, but there are still legal issues and it needs to be handled with caution. first of all, simba arranged 100 million yuan to compensate the consumers of three sheep, which is a voluntary performance. as a third party, simba was not originally a party to the contract between the consumers of three sheep and three sheep. therefore, simba has no contractual obligation to compensate the consumers of three sheep.
li min believes that if the three sheep really needs to compensate consumers, simba's behavior is a third-party debt assumption. although the behavior was not agreed to by the three sheep, from the perspective of the literal interpretation of the provisions of the civil code of the people's republic of china, the debt assumption behavior does not require the consent of the debtor. at the same time, the debt should be transferable, and there is no situation where the nature of the debt determines that it cannot be transferred, the parties agree that the debt cannot be transferred, and the law prohibits the transfer of debt. therefore, if the liability of the three sheep involves administrative penalties, then simba cannot compensate consumers on behalf of the three sheep.
"simba arranged 100 million yuan to compensate the three sheep consumers. if there is any situation of damaging the business reputation of competitors or attracting consumers through unfair means, it may violate the relevant provisions of the anti-unfair competition law of the people's republic of china and constitute unfair competition." li min said.
xiaoxiang morning news reporter cao wei