Extended data:
Deceiving consumers refers to the behavior that business operators deceive and mislead consumers by false or other improper means in providing goods or services, which damages the legitimate rights and interests of consumers, and should be punished and bear the responsibility in accordance with the Law on the Protection of Consumers' Rights and Interests and the Measures for Punishment of Infringement on Consumers' Rights and Interests.
The first is to judge according to the means used by the operators to provide goods or services. Generally speaking, the following acts of operators are fraudulent to consumers: (1) selling adulterated, fake and shoddy goods; (two) to take false or other improper means, so that the number of goods sold is insufficient; (3) selling commodities such as "defective products", "defective products" and "off-grade" and falsely claiming that they are genuine; (4) Selling commodities at false "clearance price", "sale price", "lowest price", "preferential price" or other deceptive prices; (5) Selling commodities with false commodity descriptions, commodity standards or physical samples; (six) not to sell goods with their real names and marks; (seven) using others to induce deceptive sales; Make false live demonstrations and explanations; (nine) using radio, television, movies, newspapers, periodicals and other mass media to make false propaganda of goods; ⑽ defrauding consumers of advance payment; ⑾ Failing to provide or provide goods according to the agreed terms, and defrauding the price by mail order sales; ⑿ Selling goods by means of false "sales with prizes" or "repayment of principal"; 13. Deceive consumers by other false or improper means. Secondly, judge whether the operator's behavior is misleading consumers. To judge whether the operator's behavior misleads consumers, we should adopt general standards, that is, the cognitive level and recognition ability of ordinary consumers shall prevail. If this behavior is enough to mislead ordinary consumers, it constitutes fraud. If this behavior is not enough to mislead ordinary consumers, individual consumers can claim fraud without proving that they have misunderstood. The fraudulent behavior of operators will generally damage the legitimate rights and interests of consumers. This damage does not mean that actual loss or damage is needed. As long as the operator's behavior is enough to mislead consumers by its nature, it can be regarded as fraud. Third, judging from the subjective aspects of the operator's behavior. China's law does not clearly stipulate that the subjective elements that constitute fraud are intentional, but literally, fraud is an act of covering up the truth and misleading consumers to be deceived. Therefore, the operator is not necessarily required to have a subjective intentional state, but the word "fraud" itself already contains or reveals the operator's intentional psychology. Therefore, under the following circumstances, "an operator who can't prove that he is not deceiving or misleading consumers should bear the legal responsibility of deceiving consumers": (1) selling invalid or deteriorated goods; (two) the sale of goods that infringe upon the registered trademark rights of others; (3) selling goods with forged origin, forged or falsely used the name of another enterprise; (four) the sale of counterfeit or fraudulent use of other people's commodity names, packaging, decoration of goods; 5] selling goods with forged or fraudulent use of quality marks such as certification marks and brand-name marks. If the operator can prove it, it is not fraud; Failure to prove it constitutes fraud.