Category: Money Tips Date: 2006-06-06
Comrade Zhou:
In 2002, my friend, Ms. Wang in a newspaper published in stocks saw their software, ads, which convinced, spent 2 million yuan to buy the software, and software makers signed a futures Yemou operating agreement, eventually led to its emergence in the futures investment loss of nearly 16 million. So she complained to the industrial and commercial administrative organs of the existence of false advertising, industrial and commercial administrative organs carry out this punishment of a newspaper. Soon, Ms. Wang to false advertising of its legitimate rights and interests of serious violations of the grounds required under the law on advertising to civil liability of a newspaper and taken to court.
The Court of First Instance to hear that: In accordance with the relevant provisions of Advertising Law, Ms. Wang to prosecute a newspaper inappropriate. However, in the court trial, Ms. Wang, who provided the relevant newspapers, but the lack of evidence that have purchased the software, so the lack of factual and legal basis for prosecution, and Ms. Wang and Ye Mou stipulated in the agreement between the rights and obligations of a newspaper does not have binding, so Ms. Wang asked a newspaper bear futures losses beyond a certain newspaper advertisements as shall bear the responsibility. Accordingly, the Court of First Instance ruling in November 2005 dismissed Ms. Wang's claim. After the ruling, Ms Wang appealed to the court of second instance. After the second instance court, after hearing, in June 2006 was made final, the maintenance of first-instance verdict, dismissed Ms Wong's appeal.
I ask, Ms. Wang also continue to appeal necessary?
Ms. Zhao Shanghai
Ms. Zhao:
According to "The People's Republic of China Advertising Law" 38th stipulates: "violating this law, false advertising, deceptive and misleading to consumers to make people buying goods or receiving services of the legitimate rights and interests of consumers harmed by the advertisers according to the law bear civil liability; advertising operators and advertising publisher knew or should have known of false advertising is still the design, production, publishing, it shall be jointly and severally liable in accordance with law. advertising operators and advertising publishers can offer advertisers a real name, address, and should be assume full civil liability ... ... "If a newspaper advertisement published software stocks is really a false advertising, the Advertising conduct resulted in Dr. Wong's legitimate rights and interests had been damaged, a newspaper as an advertising publisher shall jointly and severally liable. If a newspaper can not provide advertisers real name, address, as an advertising publishers should assume full civil liability.
However, a newspaper Though the software stocks issued an ad, part of the advertising industry and commerce have been identified as illegal advertising, but ads do not contain Yemou will receive principal-agent futures operations, where a loss will be responsible for the content of offset, Wang Ms. Ye Mou operation futures commission described the conduct in fact it has its own behavior, has not been published in a newspaper advertising influences, Ms. Wang took place in futures trading losses can not be found was due to publish a newspaper advertisement created by the illegal, unlawful behavior and no causal relationship between the damages. In addition, Ms. Wang advocated buying stocks due to loss of 2 software occurs million, because only provided the postal parcel boxes and CD-ROMs did not provide proof of payment, it can not prove that the actual payment of the money Ms. Wang, whose the key advocate for the courts can not be accepted. Ms Wang complains, its according to a newspaper advertisement published by remaining in contact with the Yemou made contact and met, after consultations with her Yemou signed an agreement, so Ms. Wang is now with a newspaper can not be provide Yemou real name, address, grounds, require that a newspaper's liability is clearly justified.
Newspaper investor activism volunteer corps, members of the Shanghai New Hope Wen-da law firm partner Yan Song a lawyer
