With Font> The arrival of the "Daiqing" dead line has left few time for the violating organizations to "survive".
Large platform big business has big problems p>
The Central Bank has ruled that Jingdong is suspected to be involved"Two Clear"
On May 16th, Li Fei, a full-time lawyer of Shanghai Yijin Law Firm, broke the news on Weibo, saying that he received a response from the Central Bank Shenzhen Branch and confirmed that Tenfutong was in violation of the “secondary liquidation” agency Jingdong Mall. Provide payment service. At the same time, the Central Bank's Business Management Department has requested Jingdong Mall to carry out rectification work.
According to Weibo display, recently, Li Feixiang The central bank’s head office reflected the “secondary liquidation” issue of the Tenpay Company’s illegal collection of third-party seller’s payment, which was verified by the Central Bank’s Shenzhen branch’s sub-branch. There are two transactions in the three pen-JET shopping malls. The transaction is completed. There is a case where Jingdong Mall affiliated company settled the trading funds to the merchants of the mall platform. The Tenpay Company has provided payment for the Jingdong Mall affiliated company suspected of “secondary liquidation”.
At present, the Central Bank's Business Management Department has requested Jingdong Mall to carry out rectification work, and the Central Bank Shenzhen Branch also requested Tenpay to cooperate with Jingdong Mall to carry out rectification work. He also pointed out that the company will continue to pay attention to the fund settlement procedures for the payment service provided by the company, and pay further measures as appropriate.
The "secondary liquidation" referred to as "two clear" means that the payment company or bank first pays the POS machine's settlement money to an individual or a company, and then the company Or personal settlement to the merchant is a violation of strict supervision.
It was learned that before,In order to crack down on Erqing, at the end of 2017, the Central Bank issued the “Notice on Further Strengthening the Remedy of Unlicensed Payment Services”, which is known as the strictest “second clear” in history, and clearly proposed the time limit for rectification in phases. Requires local residents to begin major inspections before the end of February 2018; by the end of April 2018, the PBOC organized the completion of on-site inspections; and requested that the punishment and summary work be completed before the end of June 2018.
Long-term problem recurrence"Long stay unhealed"
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It is worth noting that on the issue of Jingdong Mall , Li Fei has repeatedly reported to the regulatory authorities from September 2016 to February 2018, but the problem of Jingdong Mall has still not been cured. The central bank’s Shenzhen branch’s response was to address Li Fei’s second round of complaints filed in February.
According to the information provided by Li Fei, he had paid the China Clearing Association from September 08, 2016 to December 31, 2016. The "Association") submitted the first administrative report materials, which were copied to the People's Bank of China ("the Central Bank"). The Association accepted the case, and in April 2017 passed the “Reporting Center for Payment and Settlement Violations” to publicize the results of the self-discipline punishment: the confirmation report was basically true, and it was ascertained that Jingdong Mall’s real transaction funds were settled through the Jingdong Mall affiliate’s settlement to the open platform merchants. , It does not comply with the relevant provisions of the "Administrative Measures for Bank Card Receipt Business", and takes measures such as withholding the compliance deposit, ordering rectification, issuing risk warning letters, etc. to the respondent.
Because Jingdong Mall had no rectification, the complainant Li Fei submitted the “First Follow-up Report Materials” to the Central Bank on August 28, 2017. The Central Bank of China instructed its business management department to issue a letter on the feedback on the handling of complaints related to the “secondary liquidation” of Jingdong Mall affiliated company on November 24, 2017, replying:1. Confirmed that the transaction involved in the report had settled the trading funds through the Jingdong Mall affiliated company to the merchants of the mall platform; 2. To further protect the security of the transaction funds, the Central Bank's Business Management Department has requested Jingdong Mall to carry out rapid rectification work through interviews and other means. Third, Jingdong Mall is still in the process of rectification, the violations still reflect the situation, the Central Bank Business Management Department will continue to focus on Jingdong Mall rectification, and take further measures according to the rectification.
But after tracking and monitoring found that Jingdong Mall has not been rectified yet, Li Fei launched a second round of tracking complaints in February 2018.
Any payment license is also a violation?
One"License" cannot be used by "the whole family"< /b>
JINGDONG seems to have a payment license How can it be a violation?
Li Fei said that except for “Payment” (Online Online (Beijing) Technology Co., Ltd.), there is a payment license.< Font>,Beijing Jingdong Group Beijing International Holdings Co., Ltd., Beijing Jingdong Group, Beijing Jingdong Century Trading Co., Ltd., Beijing Jingdong Century Information Technology Co., Ltd., Shanghai and Beijing Feng Yongxun Financial Information Service Co., Ltd., Jiangsu Circular E-Commerce Co., Ltd.,Shanghai Yuanmai Trade Co., Ltd.,Shanghai Yu Da Yuan Information Technology Co., Ltd.< Font> etc. The seven companies did not pay licenses.
"This7 Jingdong-based company does not have a "Payment License" and is a third-party seller for the third-party trading platform 'JD.com'. On behalf of the collection of money, from the customer to collect payment and then delayed transfer to the third-party sellers, the formation of a pool of funds, continued for a long time, the scale is particularly large, the amount is particularly high, and has other serious circumstances, engaged in third-party sellers payment fundsThe second liquidation is suspected of constituting a non-certified operating payment and settlement business.”
Because the Jingdong Mall affiliate is not a financial or financial institution, nor has it paid a license, it uniformly accepts the customer’s payment and distributes it. Every company on the platform will inevitably have a situation in which the money for purchases will be detained on its platform, which is very likely to lead to a nationwide risk event.
and JD.comGroupOnline Banking Online (Beijing) Technology Co., Ltd., which has a payment license ( "JD Font>”),Although it is qualified to engage in funds collection and payment services such as acquiring bills, but after receiving a third-party seller’s payment, it should be transferred to third-party sellers rather than to Jingdong Mall. The open platform (the reason why Jingdong Mall’s open platform does not have the right to collect money is as described above.) “Jingdong Payment” has become the gateway to the illegal open platform of Jingdong Mall, and knows that Jingdong is not a real sale. May not be transferred to third-party sellers in a complete and timely manner. The risk of defaulting or deducting illegally assisted Jingdong in the secondary settlement business and collaborated with it. The illegality and the violation were even more serious..
Tips : Consumers must carefully identify when shopping
It should be noted that although Jingdong's "Qingqing" problem seems to have nothing to do with us, consumers still need to carefully identify , strengthen self-protection.
First, the most immediate problem is that consumers' rights may be infringed upon. If consumers (buyers) pay the purchase price, Jingdong does not give it to third-party sellers. In the legal context, third-party sellers have every reason to exercise their right to defense, and they refuse to deliver goods, refuse to provide replacement goods, refuse to provide maintenance, refuse to refund, etc. Under the open platform of Jingdong Mall, the rights and interests of consumers are not guaranteed.
Moreover, Jingdong Mall’s open platform is illegal and directly violates the legitimate rights and interests of hundreds of thousands of third-party sellers. Jingdong’s defaulting on payment for loans and margins is even more frequent.
It is worth noting that The annual report shows that in 2013, Jingdong had only 36.5 million accounts payable. At the end of 2017, it reached 18.6 billion, expanding 508 times!
In the meantime, in recent years Jingdong’s payables turnover has been slowing down. The average number of turnover days at the end of 2017 was 59.1 days, an increase of 7 days from the end of 2016.
Even though Jingdong Mall's "Two Clearing" issue will not limit the pace of purchases by consumers, we must learn how to protect our rights and interests at the highest level.
For this reason, Li Fei suggested that, first of all, consumers should learn how to identify Jingdong’s proprietary business and Jingdong’s platform business. Jingdong platform business (that is, the third-party seller business of Jingdong Mall open platform) includes, but is not limited to, the product details interface does not include the label “JD. Self”, but instead labels “JD delivery and provide after-sales service.” The product number is up to 10 digits or more. The inventory information shows that the shipper is a third-party seller, the invoice is provided by a third-party seller, and the seller's business information is clicked to display an independent third-party seller. If Jingdong Mall's open platform does not rectify Erqing, then the purchase of third-party sellers' products will inevitably fall into Jingdong's "Erqing Action" trap, and they can only buy Jingdong's self-operated merchandise or elect another e-commerce store.
Next, after discovering Jingdong’s “Erqing” behavior, consumers can take various actions to protect their rights and interests and maintain financial market order. For example, they can call the “People's Bank of China” and the “China Payment and Clearing Association”. , To report to the letter; complain to the Consumer Association; to sue the court in Jingdong on the grounds of misappropriation of the money it paid for itself; it may even report Jingdong’s “illegal business crime” to the public security authorities.
(This article has been compiled from Blue Whale, Sohu, Sina, Qian Zengui, etc., compiled by a little financial editor)