What did the child open the blind box?

On August 16th, the General Administration of Market Supervision issued the "Guidelines for Blind Box Business Activities (Trial) (Draft for Soliciting Opinions)" to publicly solicit opinions to the society, and plan to make provisions on the content, form, and sales objects of blind box sales.

The chaotic operation of the blind box has attracted the attention of the country. From the perspective of the second -level senior prosecutor of the Ninth Procuratorate of the Supreme Procuratorate, problems such as unqualified product quality, infringing intellectual property rights, vulgar violence and other issues that may exist in blind box operations cannot be ignored. Treating bad ideas and behaviors such as blind comparison and irrational consumption is not conducive to establishing the correct values. "On the basis of fully investigating and exploration, the procuratorial organs should be based on legal supervision functions and increase the attention of the protection of minors' rights and interests such as the protection of the rights and interests of blind box operations." Long Yan emphasized.

Parents are "spitting", and the blind box costs money delaying their children's learning

At present, many consumer areas such as toys, catering, and stationery have set off a "blind box style", and the consumer market has a tendency to "all things can be blind boxes." It is understood that the blind box uses a marketing strategy similar to a lottery. Some businesses create the concept of "series" and set up so -called "hidden models" to make hunger marketing. The probability of drawing is very low.

Because the blind box has great randomness, the buyer will only know what they have drawn by opening, so buyers often spend "huge sums of money" in order to collect what they want. According to the list of Tmall's "post -95s" players in 2019, nearly 200,000 consumers spend 20,000 yuan a year to collect blind boxes, and consumers with the strongest purchasing power consumers buy blind boxes one million yuan a year. Essence But it is really not worthless.

In recent years, consumers' relevant complaints on the quality and marketing methods of blind boxes have increased year by year. In January of this year, consumers spent more than 10,000 yuan in order to collect the entire dolls, and purchased 106 copies of KFC and Bubble Mart's nominated blind box package, which caused heated discussion after the incident. On January 12, the China Consumer Association published an article on the official website to criticize KFC to induce and condon consumers to buy food packages irrationally by using limited -edition blind box sales methods, which violates public or legal spirit and legal spirit. The article calls for prudential consumption needs, improves the ability to distinguish between right and wrong, conduct scientific and rational consumption activities, and jointly resist bad consumption behaviors such as blind consumption, impulse consumption, and excess consumption. Soon, the topic of "China Consumers Comment on KFC Blind Box" rushed to the top of the Weibo hot search list.

The appeal of the China Consumers Association is also the voice of most people. However, for minors with immature mental development, how can it be so easy to make rational consumption?

"Parents, do your children love to buy a blind box? My child has recently fascinated the blind box. I told him not to buy it anymore. He also said that I was 'out'!" In January this year, he When a prosecutor attended the parent meeting, he heard that a family grew up bitter water. Moreover, "Tucao" caused other parents to resonate: "Children are obsessed with a stationery blind box. In order to collect all the styles, they keep buying, waste money and delay learning." Native

Procuratorate hearing, explore how to protect the rights and interests of minors

What are the universal problems in the blind box market? Does the relevant administrative organs perform their duties in place? Does the blind box chaos infringe the interests of the majority of minors? The keen prosecutor reported the clue. After the Renqiu Procuratorate asked the Hebei Provincial Procuratorate in writing, the public interest lawsuit was performed in accordance with the law.

"What is the nature of the blind box operation? At first we didn't know too much. On the one hand, we found relevant information about the blind box, on the one hand, the news report on the blind box, the sales of blind boxes on the e -commerce platform, and the existence of blind boxes existing in the blind box. The issues are sorted out to conduct a survey of the shops around the school. "Ge Yaming, a full -time member of the Procuratorate of the Procuratorate of Renqiu Municipal Procuratorate.

After the arrangement, 11 of the 13 stores sold blind boxes and placed the blind box on the "C position" of the shelves. Each price ranged from 2 yuan to 69 yuan. According to the person in charge of a stationery store, the blind boxes have become more and more popular in the past two years, so the number and variety of stocking are increasing.

The prosecutor carefully checked the outer packaging of the blind box and found that some printed "holding thighs, looking for a playmate, a goddess", "10 yuan, 30 yuan, 50 yuan, the most cash prizes in history" and other words; The words "Blind Box" and "Fubu" have the same marketing properties as blind boxes.

In a stationery store opposite a elementary school, a primary school student spent 10 yuan to buy some cards. He told the prosecutor that the card is very cheap, and the collection of cards at different levels is difficult to collect. The cards are randomly installed. They cannot see the cards inside by packaging, so they often buy duplicate cards. If you want to gather a golden precious card, you can gather in more than 100 yuan; if you are not lucky, it is not enough to spend a few hundred yuan. When asked about what is the use of a full set of cards, he said excitedly: "If you collect a full set, everyone else will envy me, willing to play with me, and they have to listen to me when they play together!"

"Every time I go to the mall or toy store, the child wants to buy when he sees the doll blind box. When you buy the first, you want to buy the second and third paragraphs. official.

In order to listen to people from all walks of life, especially those who are engaged in the job of minors, the views and opinions of the blind box market, on March 25 this year, the Renqiu Procuratorate held a public hearing on the theme of "regulating the right to protect the rights and interests of the underage market". meeting. Delegates of the Municipal People's Congress, members of the CPPCC, head of relevant administrative agencies, and 30 people including teachers, parents, and consumer representatives were invited to attend the meeting. "This blind box with 'want to drink milk tea', which is not milk tea powder inside, but neutral pens and rubber. I tried the rubber, not only couldn't wipe the words, but also made the paper black." In order to allow the hearing to fully understand the blind box chaos, the prosecutor handling the case showed the prosecutor's various blind box photos taken by the procuratorial organs around the campus, the business center's cultural and creative stores, and the more than a dozen blind boxes purchased at their own expense. The venue, open the passage one by one.

"One student asked me: Teacher, you don't think that the exam is like a blind box. If you have a good luck, you will have a high test score. If you have a bad luck, you will be low?" Said Guo Zhiqi, a representative of Renqiu City People's Congress and a teacher of Majiawu Ercun Ercun. The children's thoughts are very worrying. The good academic performance depends on their own efforts. How can they be linked to luck?

The children are keen to buy blind boxes, and a considerable reason is to compare psychology. "There is a student in our school, because the consumption of blind boxes started to steal ..." At the hearing, Shu Zhanshi, the principal of a elementary school in Renqiu, said. It turned out that shortly after the beginning of the fall of 2021, Wang Ming (pseudonym) fifth -year student Wang Ming (pseudonym) kept buying blind boxes in order to collect a game character card. After spending money with light, he would steal while the owner didn't pay attention. Because the stolen card in the blind box was not the style he wanted, Wang Ming stole it again, and was caught by the owner on the spot. Considering that the value of the blind box involved is not high, Wang Ming has a good attitude, and his parents have actively refund the losses, the owner did not report the case.

The hearing lasted for two and a half hours. Finally, the hearing agreed to strengthen legal supervision, urge relevant departments to further regulate market management, rectify the chaos of blind boxes, and protect the legitimate rights and interests of minors in accordance with the law.

"In order to strengthen the supervision of the market around the campus, can you try to control the source of the source?" The hearing suggested that the procuratorial organs presented suggestions to the relevant departments in accordance with the case.

Two "look back", the blind box market is standardized

"Focusing on the activities of minor activities such as supermarkets around the school, business center cultural and creative stores, etc., special inspections of blind box market inspections are carried out throughout the city. Those who have a blind box should be dealt with in accordance with laws and regulations in a timely manner. "On March 28 this year, Renqiu Procuratorate combined with the investigation and evidence collection and the review opinions of the hearing. The North China Petroleum Branch announced the delivery of procuratorial suggestions.

The procuratorial suggestion analyzed the six aspects of the disappeared operation in detail: infringement of consumers' right to know and causing waste of resources. Some blind boxes outer packaging words violate the law. The quality of the box products is poor and the price is virtual, which has infringed the legitimate rights and interests of minors consumers.

In response to the chaos of blind box operations, the hospital suggested that the Market Supervision Bureau further regulates market management, supervises production and operators to operate in accordance with laws and regulations, and conduct special law enforcement inspection activities throughout the city; strengthen publicity and guidance for production operators, encourage blind boxes to encourage blind boxes The operator publicly extracts information such as probability and return and exchange standards; increases consumer consumption guidance to consumers, and unblocked report channels. In response to the purchase of blind box addiction, the hospital suggested that the education authorities carry out joint home schools to help minors establish a correct view of consumption; establish a linkage mechanism with the market supervision department and establish a report on campus peripherals.

The person in charge of the Renqiu Market Supervision Bureau stated that the content of the procuratorial proposal is really specific. The bureau will immediately organize personnel to regulate the order of the emerging consumer market for the blind box and keep the security protection red line. In April this year, the bureau launched a special activity of blind box rectification. Law enforcement officers conducted a pull -net inspection of the stationery wholesale market and campus around the campus. They checked more than 630 shops in the area. The blind box found the problem of the discovered problems was ordered to remove the merchants as soon as possible.

After receiving the prosecution proposal, Renqiu's education authorities have issued the "Letter to Parents", calling on parents and schools to guide their children to take care of pocket money. Civilized and rational consumption concept.

In June this year, the Renqiu Procuratorate made the first "look back" on the city's blind box market. To the prosecutor, the blind boxes such as infringing intellectual property rights a few months ago were gone, and the stationery and toy blind boxes sold in the market are all regular manufacturers' production, product performance and specifications. The styles or types are displayed on the outer packaging, and they are clearly marked. On the occasion of school on September 1st, the hospital conducted a second "look back". Prosecutors have found that not only do the operators pay attention to the sales of blind boxes, but the students are more rational with the joint efforts of their schools, and they have fewer phenomena such as buying blind boxes.

On September 8th, the Procuratorate of Ziyang District, Yiyang City, Hunan Province conducted a investigation of the shops around the campus, and found that the blind boxes had been removed. Hu Mengxuan, a member of the CPPCC of the district, urged relevant departments to strengthen supervision and rule of law education through the issuance of procuratorial proposals, and guided businesses around the school to recognize the work of "no". Photo by Zhang Yanhan, Prosecutor's Daily

Source control, let children get out of the "blind box trap"

Li Hui, the person in charge of Renqiu City Procuratorate, told reporters that the physical and mental development of minors is immature and often cannot make a correct judgment on whether their rights and interests are infringed. Giving priority to the "concept and maximization principle of minors' interests, public interest litigation supervision of relevant administrative agencies with inadequate supervision, and educational agencies that cannot be determined but closely exposed to minors. Co -effort to promote the source of the protection and comprehensive governance of minors. To prevent the blind box of "blind growth", many procuratorial organs are exploring operations. In May of this year, the Procuratorate of Huqiu District, Suzhou City, Jiangsu Province held a public hearing on public interest lawsuits around the blind box around the campus. The reason was that at the end of 2021 The Ultraman Blind Box and Stationery Blind Box are even more angry. Many of the pens in the blind box cannot be used. Is there anyone in charge of this situation? " In the wave of blind boxes, the proportion of minor buyers is high and easy to be addictive. In addition, the lack of judgment, discerning and mature consumption concept, the most easily "cut leeks" by merchants. The hospital issued an administrative public interest litigation prosecution to the local market supervision department. At the same time, the education department was united to improve the ability of parents and students to identify parents and students through the way of "to the parental letter" and promote the rational consumption of students.

"The issue of infringement of the infringement of minors derived from the operation of the blind box operation is more serious, and it is necessary and urgent to govern in accordance with the law." Song Zhijun, a professor at Northwestern University of Political Science and Law, believes that because of design, production, sales, and quality The lack of unified laws and industry norms in prosecution and supervision, and there are many loopholes in the aspects of product content, sales form, and sales objects. He suggested that the procuratorial organs supervise relevant departments in accordance with the law to govern the production and sales of blind boxes for minors, rectify the chaos of blind boxes, and allow minors to get out of the "blind box trap".

In fact, in order to regulate the production and operation activities of blind boxes, many places have issued relevant regulations.

On May 13 this year, the Ganzhou Market Supervision Bureau of Jiangxi Province issued the "Guidelines for the Compliance of Ganzhou Blind Box Production and Operation Activities", which proposed a standardized price of blind boxes, improving the quality of commodities, strengthening product after -sales protection, eliminating false publicity and protection of minors. Advance suggestions in human rights and interests. Ganzhou Procuratorate carried out special supervision actions for public interest litigation for public interest litigation in accordance with the "Guidelines" to carry out "illegal sales of gambling prizes and blind boxes" in illegal sales of gambling cards around the campus. Perform duties according to law.

On July 21 this year, the newly revised Regulations on the Protection of Consumer Rights in Shanghai also made special provisions on the obligations of emerging consumer formats such as blind box economy.

What's even more gratifying is that on August 16 this year, the General Administration of Market Supervision issued the "Guidelines for Blind Box Business Activities (Trial) (Draft for Solicitation)". The draft of the solicitation stipulates that medicines and foods must not be sold in the form of blind boxes; catering brands shall not induce over -order meals for blind box promotions; blind boxes shall not be sold outside the price; Box operators must not engage in gambling activities in the name of blind boxes or disguise; they must not sell blind boxes to minors under the age of 8; all -inclusive forms of blind boxes can be returned without reason for seven days.

"This is actually to protect the production and operators, preventing us from being punished because we do not understand the law and sell the blind box that does not meet the law." Li Mou, the head of a stationery store in Renqiu. Li Mou has operated a stationery store for more than 20 years. When the blind box was already popular, he also entered some unknown blind boxes of some manufacturers. After opening it, he found that he could not sell it. Blind boxes are sold to children. "

According to the draft of the solicitation, blind box operators shall not sell blind boxes to minors under the age of 8. Selling blind box products to minors at the age of 8 and above shall confirm the consent of the relevant guardian through the sales site inquiry or network identification. Blind box operators shall prompt a significant way to indicate the consent of the relevant guardian when buying a blind box at the age of 8 and above. At the same time, it is emphasized that relevant local departments are encouraged to introduce protective measures to carry out specific specifications of the selling models of blind boxes around the campus campus.

Wang Enkui, the person in charge of the Renqiu Market Supervision Bureau, also expressed high affirmation of the draft of the solicitation. "" We will further strengthen the governance and supervision of the blind box market, encourage operators to strengthen autonomy, take the initiative to take on social responsibilities, provide truth, comprehensive, and accurate accurate, accurate, and accurate Sales information to fully protect consumers' right to know. "

(Source: Procuratorate Author: Xiao Junlin Hu Jingxin)

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