How can a person sue for buying fake wine? Many things in the market are fake, which are the behaviors of bad merchants, among which fake wine is very common. If you meet someone who sells fake wine, you must report it. Then how can you sue for buying fake wine?

How to sue individuals for buying fake wine 1? 1. Can I report buying fake wine in private places?

First, if you buy fake wine from a private person, you can ask the buyer for compensation. If the other party refuses to pay compensation, it can complain or sue.

Rights Protection Methods for Buying Fake Liquor If consumers buy fake and shoddy liquor products, they can call the merchant complaint hotline 123 12 to make a complaint, and the merchant law enforcement officers will assist consumers in protecting their rights.

It should be noted that when consumers buy alcoholic products, they need to write the product number on the invoice, and the invoice needs to be stamped with the true and effective official seal of the merchant, and then apply to the Anti-counterfeiting Identification Center of the Municipal Liquor Monopoly Administration for alcohol identification. Claims for buying fake wine The Consumer Protection Law stipulates "one refund, three compensations" and "one fake and ten penalties" in the Food Safety Law.

Second, the newly implemented Law on the Protection of Consumers' Rights and Interests, in addition to the above-mentioned refund of one and compensation of three, has greatly increased the amount of compensation, and stipulated that the guaranteed amount of compensation is Wu Bai dollars. That is to say, if the compensation amount is less than Wu Bai dollars, it will still be calculated in Wu Bai dollars. For consumers, of course, which law is used to get more compensation.

Relevant laws and regulations: People's Republic of China (PRC) Consumer Protection Law.

Article 40 If consumers' legitimate rights and interests are damaged when purchasing or using commodities, they may claim compensation from the sellers. If the seller's compensation is the responsibility of the producer or other seller who provided the seller with the goods, the seller has the right to recover from the producer or other seller.

Article 41 If a consumer's legitimate rights and interests are damaged when purchasing or using commodities or receiving services, and the original enterprise is divided or merged, he may claim compensation from the enterprise that undertakes his rights and obligations after the change.

Second, what is the sentencing standard for selling fake wine?

Selling fake wine will also be suspected of producing and selling fake and inferior products. Whoever sells more than 50,000 yuan but less than 200,000 yuan shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be fined not less than 50% but not more than two times the sales amount. Whoever sells more than 200,000 yuan but less than 500,000 yuan shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount.

Article 140 of the Criminal Law of People's Republic of China (PRC) commits the crime of producing and selling fake and inferior products.

Producers and sellers who adulterate their products, pass fake products off as genuine products, and pass unqualified products off as qualified products, with a sales amount of more than 50,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also, or shall only, be fined not less than 50% but not more than two times the sales amount;

If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount;

If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 50% but less than two times the sales amount;

If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated.

Third, the punishment standard for selling fake wine without knowing it.

If selling fake wine constitutes a crime, criminal responsibility can be investigated according to the crime of producing and selling fake and inferior products, which is a deliberate crime. If you don't know that it is selling fake wine, it doesn't constitute a criminal offence, so the parties have to prove that they don't know, so they can be exempted from criminal punishment.

Ways to prove ignorance:

First, prove that the source of the purchased wine is legal, for example, the purchased wine was purchased through formal channels, and provide purchase documents and invoices.

Second, prove that you are also a victim of fake wine. For example, prove that the packaging and attributes of fake wine are very similar to real wine, prove that your purchase channels are legal, and channel dealers sell fake wine to themselves.

Selling fake wine without knowing it is not intentional and does not require criminal responsibility. The seller is also a victim. The party who sells fake wine without knowing it can actively cooperate with the investigation of the public security organ, provide information on the purchase channels, and assist the public security organ in solving the case.

How can an individual sue for buying fake wine? 2. How to report an individual selling fake wine?

Someone selling fake wine can go to the market supervision administration to report it; Reporting refers to the act that citizens or units exercise their democratic rights according to law and report and accuse violations of discipline, law or crime to judicial organs or other relevant state organs and organizations. One of the functions of the Market Supervision Administration is to implement laws, regulations, rules and policies related to industrial and commercial administration and food and drug supervision and management, and draft relevant local regulations and rules.

According to Article 50 of the Product Quality Law, it is as follows:

1. Anyone who adulterates or adulterates products, passes off the genuine products as fake ones, and passes off the substandard products as qualified products, shall be ordered to stop production and sales, the products illegally produced and sold shall be confiscated, and a fine of not less than 50% but not more than three times the value of the illegally produced and sold products shall be imposed;

Two, the amount of illegal income adulterated, and confiscate the illegal income;

3. If the adulteration makes the false circumstances serious, the business license shall be revoked; If a crime is constituted, criminal responsibility shall be investigated according to law.

Second, which department complained about selling fake goods?

First of all, let's take a look at how our laws and regulations stipulate complaints about selling fake goods. According to China's laws and regulations on consumption, Chinese consumers can directly call the complaint telephone number of China's industrial and commercial departments when they encounter the situation of someone manufacturing and selling fake and shoddy goods or products in their lives. The complaint telephone number is "123 15".

In addition to making phone calls, we can also go directly to industrial and commercial offices or industrial and commercial bureaus all over the country to complain and report the phenomenon of selling fake goods, so that the industrial and commercial departments can deal with this phenomenon.

In addition, if our consumers, or others, suffer physical or related property losses due to the defects of the goods themselves in the process of selling the goods, then the consumers or victims can directly claim compensation from the sellers who sell the goods, and at the same time, they can also find the producers of the goods to claim compensation from the producers.

According to the responsibility determination, if the responsibility for the problem of the commodity belongs to the producer, then the seller of the commodity has the right to claim compensation from the producer after compensating the consumer. If the responsibility belongs to the seller and the producer of the commodity compensates the consumer first, then our producer can also have the right to demand compensation from the seller of the commodity.

How can an individual sue for buying fake wine? You can call 123 12 to report fake wine.

According to Article 12 of the Opinions of the Ministry of Commerce on Strengthening Commercial Administrative Law Enforcement, the complaint reporting network of 123 12 should be built and used well. The competent commercial departments of all provinces and cities should speed up the construction of 123 12 reporting and complaint service centers, unblock the channels for public reporting and complaints, and form a nationwide commercial reporting and complaint service network as soon as possible.

Pay close attention to daily operation management and ensure the normal operation of 123 12 petition service center. Improve the supervision mechanism and process of case acceptance and transfer, improve the efficiency of handling cases, continuously expand service functions and broaden service areas.

How to distinguish fake wine

1, observe the bottle mouth. The anti-theft cover and glass bottle mouth of regular famous wine are bitten neatly and regularly. The anti-theft cover of some fake wines can be twisted at will, and the bite with the bottle mouth is uneven. Some people will see that once the wine is inverted, it will leak out.

2. Observe the trademark. Usually, the trademark printing of famous wines is standardized, the color registration is neat, and there will be no broken edge printing. In the case of glass bottles, the factory date and shift number are generally printed on the back of the trademark, while the trademark printing of fake wine is very rough, and the color matching is conducive to alignment. You can see the ambiguity if you look closely.

3. smell the fragrance. Before drinking, put a little wine on your hands and rub it for a while to make the wine warm and smell fragrant. It's first-class wine, which smells bitter and smelly, but it's fake wine.

4. Look at the packaging. The packaging of real wine is not only beautifully printed, but also has no gap at the edge, which is very neat and tight. Some bottle caps are also wrapped in plastic film, so the packaging is tightly divided and there will be no looseness.