July 16, 2016 15:55:30 Source: Xinhua News Agency
Xinhua News Agency Jinan July 16th new media special cable, the question: online order to give a bad review on the knife to hurt people Ele.me store is crazy?
Xinhua News Agency "China Network" reporters Wei Shengyao, Wang Yang, Zhou Lin
Recently, due to a bad comment with abuse, a mobile phone ordering software user in Jinan, Shandong Province was slashed by a store on the "Ele.me" platform with a knife, resulting in 19 stitches on the left eyebrow bone, right collarbone, right thumb and index finger. The incident of "Ele.me store stabbing people" has sparked heated discussions about the security of food ordering software.
Some netizens said that although it is an individual case, it is the most important thing to deal with the aftermath of the food ordering platform involved and avoid such vicious incidents from happening again; netizens questioned that the apology of the food ordering platform involved was delayed 20 days after the incident, why was it so inactive? Some netizens also asked, from black-hearted food to door-to-door injuries, is the food ordering software safe? With these focuses of attention, "China Network" conducted relevant interviews and investigations.
Chop people if they don’t agree with each other? "Late + bad review" brew intentional injury
At about 19:00 on June 25, the police station on Wenhua East Road of the Public Security Bureau of Lixia District, Jinan City received an alarm that an injury case had occurred in a community on Wenhua East Road. After receiving the police, the police quickly arrived at the scene, summoned the suspect Wang to the police station, and sent the injured Yue to the hospital for treatment.
The reporter learned from the Lixia District Public Security Bureau that after investigation, on the morning of June 23, the victim, Mr. Yue (male, 23 years old, from Jinan), ordered a takeaway fast food from the suspect Wang (male, 26 years old, from Hejian City, Hebei Province, and the owner of a fast food restaurant) on a mobile phone ordering software. Due to the long delivery time, Yue was dissatisfied. Yue then wrote a bad comment with abusive words in the comment column of the Wang store of the ordering software.
At about 19:00 on June 25, the suspect Wang brought a kitchen knife to the victim Yue’s residence to find his theory. He met the victim who was about to go home at the door of Yue’s house. The two had an argument, and Yue called 110 to call the police. Subsequently, the suspect Wang pushed the victim Yue to the wall, and Yue hit Wang on the head. The suspect Wang took out the kitchen knife he carried with him, causing the victim Yue’s left eyebrow bone, right clavicle, right thumb, and index finger to be injured in multiple places. After being sent to the hospital, 19 stitches were sutured. After forensic identification, Yue’s injury was minor.
At about 23:00 on June 25, the parties took the initiative to request mediation, and the police of Wenhua East Road Police Station mediated the case. Due to the lack of agreement on the amount of compensation, the mediation failed. According to the provisions of Article 43, Paragraph 1 of the Law of the People’s Republic of China on Public Security Administration Punishments, Wang has been sentenced to administrative detention for ten days and a fine of 300 yuan for suspected intentional injury to others.
The reporter interviewed the victim, Mr. Yue, by phone. He said that it was indeed wrong for him to have verbal abuse in his comments, but he should not have been hurt.
Why is the official apology late? Ostrich response leads to controversy
The reporter saw in the official Weibo @Ele.me online ordering of Ele.me that at 22:12 on the 14th, the official Weibo released an open letter from Ele.me CEO Zhang Xuhao, first making a solemn apology to the injured user, in assisting users to safeguard their legitimate rights and interests, "failed to do more timely and effective"; many of them mentioned reflection and introspection, directly pointing to the reason why the user’s appeal has not been resolved, which is that the company’s customer service response mechanism is sluggish and the market manager lacks user awareness.
However, some netizens questioned that from June 25th to July 14th, it took 20 days for the open letter of apology to be issued. Some users also told reporters that the apology letter was more like a corporate public relations behavior to offset the impact of bad public opinion.
The reporter noticed that in the response of Ele.me’s official Weibo on the 13th, the personal injury was also described as "fighting", and the attitude changed significantly in just one day.
Mr. Yue, the victim, told reporters that since he complained to the customer service hotline of the Ele.me platform on June 26, he has not seen anyone on the Ele.me platform, but only received a call from a person claiming to be a "supervisor" using the customer service hotline. It was on the night of Weibo, "but I was not free at that time, so I suggested that the other party contact again at 10 am the next day." "By the afternoon of the 14th, not only did I not see anyone from Ele.me, but I also did not get anyone’s name and contact information." Mr. Yue said that at that time, he specially asked the "supervisor" if he could leave his contact information and name so that he could contact him later, but the other party’s reply was "you don’t have to worry about these, we just need to contact you."
Mr. Yue said that nearly 20 days after the incident, he could only call the customer service hotline to inquire about the progress of the matter, and the reply he got was basically "This matter has been upgraded, please be patient."
Experts such as Tang Xueyu, a public lawyer at the Shandong Provincial Consumers Association, believe that although the incident was a personal injury, the ordering platform was the one who issued the order for the delivery and exposed the victim’s address, phone number and name to the merchant, which was responsible for management. Although there are no clear provisions on the protection of relevant consumer rights and interests on the Ele.me APP, according to Article 44 of the Consumer Rights Protection Law of the People’s Republic of China (Amendment) and Article 28 of the "Internet Transaction Management Measures" of the State Administration for Industry and Commerce, Ele.me should actively assist users in protecting their rights and claiming compensation, and even pay compensation first and then recover compensation from the merchant. "Compared with users, Ele.me is the strong party in front of the merchant, and the merchant should have signed an agreement or paid a security deposit," Tang Xueyu said.
According to Mr. Yue, the injured store has been detained by the Jinan public security organs, and he will need to file a civil lawsuit against the store to seek reasonable compensation.
Chen Guanwen, a lawyer at Shandong Japan-China Law Firm, said the ostrich-like response to the belated apology without specific compensation measures was not just a legal liability issue, but also involved corporate ethics and social responsibility. "The Ele.me platform lacks internal constraints on registered restaurants."
Is it convenient or safe? The operating model of ordering software needs to be improved
In fact, since the beginning of this year, the safety problems of online food ordering platforms have frequently broken out. The reporter learned that restaurants that are nominally registered as food delivery merchants on the ordering platform are actually "black workshops" that do not meet hygiene and safety standards. Online and offline restaurant addresses do not match, unlicensed and unphotographed, photos are fraudulent, and hygiene conditions are not up to standard… These "old problems" coupled with this vicious injury incident have made the rectification and management of the ordering platform particularly urgent.
The National People’s Congress Standing Committee’s Food Safety Law Enforcement Inspection Team found during the inspection that the rise of online food ordering and other emerging food formats has not only brought convenience to consumers, but also left regulatory gaps such as ineffective third-party online platforms, unlicensed merchants operating online, difficult to guarantee the sanitary environment, and arbitrary delivery processes.
"At present, the supervision of emerging food formats such as online food ordering is still in their own exploration. There is a lack of a unified national supervision model and standards. It is difficult to root out the emerging new problems by relying on surprise law enforcement actions and individual exploration. The Food and Drug Administration, industry and commerce, public security and other departments should study and implement unified and systematic solutions as soon as possible," said Liu Junhai, a professor at Renmin University School of Law.
Ma Qiang, a lawyer at Shandong Qilu Law Firm, told reporters that from the administrative level, the government lacks proper supervision of third-party platforms, and there are a large number of legal loopholes; on the other hand, if the government alone is actually difficult to control every food delivery staff and restaurants, standardized and detailed management is the unshirkable responsibility of the ordering platform.
From the perspective of strengthening user safety protection on online ordering platforms, experts suggest that, first, online ordering platforms urgently need to improve the accident response mechanism, and cannot let public opinion push them away. It is necessary to strengthen the management training of registered restaurants and employees, and enhance the professional quality and legal quality of employees. Second, the lack of privacy protection mechanisms for ordering users should be taken seriously immediately. For example, geographical location, home address, phone number, real name, and other information should be fully exposed to delivery units and delivery personnel, which poses great security risks. Data shielding and regular cleaning mechanisms should be established as soon as possible. Third, platforms should allow users to anonymously comment negatively, and prioritize user personal safety while allowing for the expression of their true wishes.
Ma Qiang believes that the after-sales services and compensation mechanism of the ordering platform are seriously formalized, and after the occurrence of food safety accidents and personal injury accidents, the ordering platform as one of the responsible persons should take the initiative to bear legal responsibility.
