Beijing's legal service platform is accused of "using many lawyers from all over the country to promote false publicity" municipal supervision departments: investigating
Author:Red Star News Time:2022.09.01
↑ Data matching. According to Tuwa Creative
Red Star News reporter | Wang Jianqiang
Editor -in -law | Ren Zhijiang Intern Editor | Zhu Jieying
"After I wrote an article, the other party hit a rake, saying that my article violated the reputation and goodwill of the other party." Said Pan Jun, a lawyer Pan Jun, a lawyer from Zhejiang Liu Shan Law Firm.
On August 30, Pan Jun released an article on his personal social platform entitled "Angry!" Make money by "Bai Yan" national lawyers? The two companies are suspected of false propaganda, and the article behind the scenes is actually a Beijing barrister. "The legal service platform called" Mr. Fa ", which is not authorized, will unauthorizedly included many lawyers across the country, including him, The information is displayed on the corresponding platform, and it is suspected to use other lawyers to take over the case; in addition, there are many errors in the introduction of information about lawyers from various places.
This article has aroused strong attention from the legal community. On the same day, the Beijing Lawyers Association and the Shenzhen Lawyer Association issued a statement saying that no unit or individual may use the lawyer's information for false publicity, and the legal service platform involved should immediately stop the above illegal acts.
↑ "Mr. Data of Mr. Law" WeChat Mini Program page
On August 30th and 31st, Red Star reporters have repeatedly dialed a landline and relevant person in charge of the legal service platform involved in the case, but the phone was unable to connect.
On the morning of September 1st, the relevant staff of the Hujialou Market Supervision Office of the Chaoyang Branch of the Beijing Municipal Market Supervision and Administration Bureau told Red Star Journalists that they have received relevant report complaints on "Mr. Fa". The market supervision department is conducting investigations. The personnel have been involved in the company, and the case has not yet been officially filed. "
Without authorization, WeChat Mini Program shows information about lawyers from all over the country
On August 31, Pan Jun said in an interview with the Red Star Journalist that he inadvertently paid attention to a WeChat public account called "Mr. Fa", and then clicked into the WeChat Mini Program of "Mr. Fa Law Big Data". He found himself himself The names, practice laws and other information have been included in this small program, but he himself did not authorize it.
Pan Jun also introduced that after retrieval and verification, he found that many lawyers who were familiar with each other were also included in the applet and displayed by the applet without knowing it.
↑ Pan Jun found that his personal information was used by "Mr. Fa" without permission
The content of the screenshot provided by Pan Jun shows that on the relevant page of "Mr. French Legal Data", he was marked as "cooperative lawyer" and was rated as "responsible for handling the case, full of enthusiasm"; Pan Jun provided a "clear price" with legal services. Pages showed that Pan Jun's charges from legal services starting from 2,500 yuan.
In addition, a number of practice lawyers in Beijing and Guangdong also told Red Star reporters that they encountered the same situation. A lawyer in Guangzhou said that after seeing the article released by Pan Jun, he also opened the "Mr. Fa Legal Data" applet. "Someone in it pretended to me and took the case on the platform. But I have never been authorized. Who pretended to me in the background?"
↑ Pan Jun found that the relevant page of the "Mr. Fa" platform shows that the platform consultant helps customers to reach a total of 18 times with them
Pan Jun also introduced that he further discovered that the "Mr. Law Legal Data" applet not only showed his personal information, but also showed that the "Mr. Fa" platform consultant also helped customers "reach 18 cooperations in total 18 times to achieve cooperation. "".
This made Pan Jun feel unacceptable: "I am the lawyer himself, why don't I know there are 18 cases? If there are really these 18 cases, there is only one explanation, and someone uses my name." Pan Pan. "Pan Pan. Both believe that the platform is suspected of "using lawyers to make money".
↑ Pan Jun communicated with the relevant personnel of the "Mr. Fa" platform and asked to withdraw his personal information.
Pan Jun introduced to Hongxing News reporter that on August 30, he published the "Mr. Fay" platform on his WeChat public account and received a complaint from the other party.
↑ The article published by Pan Jun received the infringement complaint from the "Mr. Fa"
The platforms involved in small programs and official website are temporarily unable to open
Red Star News reporter learned that the main body of the "Mr. Fa" WeChat public account is "Beijing Law and Political Information Technology Co., Ltd."; The wholly -owned holding of "Beijing Law Information Technology Co., Ltd.".
According to public information, the "Mr. Dharma" platform introduced itself that it was "a standardized online legal service platform that is committed to creating more professional, efficient and convenient mobile legal services, providing lawyers with standardized production tools, and helping lawyers to provide professional knowledge and knowledge and knowledge and knowledge with professional knowledge and knowledge. The practicing experience is made into a legal service product that can be ordered, making it difficult to standardize legal service productization, specificization, standardization, and providing e -commerce display for lawyers. "
Industry and commercial information shows that "Beijing Law and Political Information Technology Co., Ltd." was established in February 2015. The registration authority is the Beijing Chaoyang Market Supervision and Administration Bureau. The business scope includes technical promotion services, investment consulting, economic and trade consulting, copyright agency, etc.
Industry and commercial information also shows that the major shareholders and ultimate beneficiaries of "Beijing Law Information Technology Co., Ltd." are Wu Fei, with a shareholding ratio of 78.8%.
Red Star journalists learned from a number of people familiar with the matter that Wu Fei himself was also a lawyer who had practiced for many years and was currently the head of the Beijing Minfu Law Firm. The reporter has repeatedly dialed the landlines of the legal service platform involved and Wu Fei's mobile phone, but no one answered the phone. Red Star reporter also noticed that shortly after Pan Jun published related articles on August 30, the WeChat Mini Program "Mr. Fa Legal Data" could not be opened normally, showing it as "system update and maintenance"; Unable to open, displayed as "the system is optimizing".
Laws of the two places make a sound:
Resolutely safeguard the overall interests of the industry and the legitimate rights and interests of members
As a lawyer who provides legal services, his own legitimate rights and interests will also be infringed. "Mr. Fa" is accused of using lawyers to make false propaganda, which has aroused widespread attention from the lawyer circle.
On the afternoon of August 30, the Beijing Lawyer Association issued a "Strict Statement" that recently, the association received a member's report that the WeChat Mini Program "Mr. Dharma Law Big Data" was publicly displayed in Beijing and the Specific information such as contact information of many lawyers across the country, legal counsel and lawyers in the applet reaching cooperation are suspected of false publicity.
"The Association has never authorized 'Mr. Fa's Law Big Data' WeChat Mini Program and 'Beijing Law and Political Information Technology Co., Ltd.' to release the above information. The statement stated that the WeChat Mini Program and "Beijing Law and Political Information Technology Co., Ltd." should immediately stop the above illegal acts.
↑ The Beijing Law Association issued a statement
The Shenzhen Lawyers Association also issued a statement on the same day that it has never authorized any unit or individual to issue the above information.
The Beijing Law Association and the Shenzhen Law Association stated that they would reflect the above situations to the relevant departments and resolutely safeguard the overall interests of the industry and the legitimate rights and interests of members.
↑ The Shenzhen Law Association issued a statement
Red Star reporter learned from the exposureer Pan Jun that he had previously called 010-12315 consumer complaints to report telephone complaints. "The Beijing Chaoyang District Market Supervision and Administration Bureau replied to call, saying that the incident was being implemented," Pan Jun revealed.
In an interview with Red Star Journalists, Pan Jun believes that the "Mr. Fa" platform involved in the incident shows the information of lawyers from all over the country and is suspected of false propaganda; as for whether the "Mr. Fa" platform is suspected of other illegal crimes, because of the reason for the "Mr. Fa" platform, because It does not have the corresponding evidence for the time being and will not be judged.
"Previously, my appeal was just asked to remove my personal information; later I wanted to speak for other lawyers, so I disclosed the relevant behavior of" Mr. Fa ". It is said that the maintenance of the legitimate rights and interests of lawyers requires the joint efforts of the entire industry, and the active intervention of relevant departments also requires the active intervention of relevant departments.
On September 1, the relevant staff of the Hojialou Market Supervision Office of the Chaoyang Branch of the Beijing Market Supervision and Administration Bureau said that after receiving relevant report complaints on "Mr. Fa", the market supervision department was conducting investigations. The company has not yet officially filed the case. "
an expert:
If other lawyers contract business and charge it, suspected fraud
Tan Mindao, a lawyer of the Law Firm from Beijing Zhongwen (Xi'an), believes that "Mr. Fa" has taken the practice information of most lawyers across the country from other websites through technical means to summarize from other websites. Personal information of lawyers and inheriting business in the name of lawyers, this has violated the lawyer's right to name, reputation and privacy.
Tan Mintao pointed out that if "Mr. Fa" contracted business in the name of a lawyer, and handed over the business to non -lawyer or other personnel agents, and charged fees, if the amount was huge, it would be suspected of fraud. Because "Mr. Fa" is impersonally posing as a lawyer to contract legal business without the consent of the lawyer. Although the identity information of the lawyer is real, it is not authorized by the lawyer. To discuss the business, the client is wrong, thinking that "Mr. Fa" can provide customers with high -quality legal services and pay a lawyer fee.
Tan Mindao also said that at present, lawyers have complained and reported to the Beijing Judicial Bureau and the Market Supervision Administration, asking for investigation and punishment of illegal acts that "Mr. Fa" posing as a lawyer's contract. After investigation and punishment, the "Mr. Fa" can be punished accordingly. If you think it is suspected of crime, the case may be transferred to the local public security department.
Lawyer Lin Xiaoming, a partner of Law Firm, Sichuan, also believes that "Mr. Fa" does not have the authorization of the lawyer as a user as a user, and provides the public in the name of the corresponding lawyer. All people in the public account may involve multiple violations of the law, and it does not even rule out the possibility of constituting crimes. "
Lin Xiaoming introduced that according to the "Advertising Law", advertisements deceived and misleading consumers with false or misunderstandings, constitute false advertisements. Without the authorization of the lawyer, the public account provides legal consulting services to the audience (consumers) in the name of relevant lawyers, that is, deceive and mislead consumers with false content. And the corresponding file criteria may also violate false advertising; even if the behavior does not meet the crime standard, the market supervision department can punish it in accordance with its powers. "According to the" Civil Code ", no organization or individual shall infringe on the right to name or name of others by interference, stealing, and counterfeiting. Providing legal consultation in the name is an infringement of the corresponding lawyers in a way of stolen or faked. Therefore, the infringement can stop infringement, apology and compensation for losses in accordance with the law. If the address and other information of the lawyer's address, telephone number may infringe the personal information of the lawyer, the circumstances that the circumstances seriously meet the corresponding file standards, and may also constitute the crime of infringing the personal information of citizens. "Lin Xiaoming pointed out.
Lin Xiaoming said that if the platform provides legal consultation or other agency services for the public with the "lawyer" that does not exist, consumers (consultants) have caused corresponding losses due to their fictional facts to conceal the truth, then the operator of the platform will then It may also be suspected of fraud.
"In short, even if the operator of the public account does not constitute a crime, it is suspected of illegal illegal. The corresponding authorities should investigate and punish them according to their fault."
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