Give upQQWinning numbers will be held liable?

[Ma Peijie] -- Dali lawyer

Congratulations! YourQQNumber by the Tencent Inc in two randomly selected prize, you will obtain by the Tencent Inc sent surprise award of RMB8.8Million and a notebook computer. As to claim the prize to contact the customer service center."

Recently a large number of users to call to consult, they received claiming to Tencent staff information, call theQQBy the Tencent Inc for the two prize lucky user draw, prizes worth58000Yuan bonus and a laptop computer. Called remember code landingAppointFill in the information website award. The netizen so landing add ID number, home address, bank card number, name of the website information, and then call him the money will give you the victory, if you don't play money will be investigated for criminal responsibility, but also pay three to fifty thousand loss. They feel very uncomfortable, have to inquire countermeasure.

[example] Mr. Li call Advisory, a game he is on QQ, suddenly received a system information said his QQ number of winning, in 6888 yuan and a laptop computer, and to Mr. Li send a query Webpage and verification code. Mr. Li is in accordance with the Webpage stay customer service phone call the past, each other and say Mr. Lee to pay 86 Yuan computer mailing costs and 206 yuan of personal income tax. After that, Mr. Li nearly 300 yuan deposit into the other account, the prize. But no tidings.Did not expect the fraud continues, then contact Mr. Lee man said margin has been remitted to the man said, but also pay20%The taxes, tax money is17600Element. Lee as the other requirements of the "tax money" exchange in the past. Then, the remaining men said Lee account, and let in the Lee in the bank card account and Lee bank account5The same number of money to activation, activation to transfer the award. At this time, Li Moucai is aware of fraud, so the alarm.The public security organ inquires Tencent customer service hotline after that, not engaged in similar activities of win a prize in a lottery.

For the interpretation of the law text, to help the broad masses of the people away from the scam, Dali famous scholar expert lawyer Ma Peijie written answers, and they hope to help everyone.

A,QQWinning numbers are scams, the prize amount set the most direct violation of the "The people's Republic of China on Anti Unfair Competition Law "Regulations.

According to the "The people's Republic of China on Anti Unfair Competition Law "The provisions of article thirteenth, the operator shall not engage in the followingA prize winning sales: (three) lottery sales with prize, the highest award more than five thousand yuan. In other words, sale with prizes attached, the law of the bonus amount shall not exceed five thousand yuan, those highfalutin legal terminology liar said, set bonus58000Yuan bonus and a laptop computer, in fact is obvious legal thinking. From this point, can infer this must be a hoax.

Two,The individual winners and winning, lotteries and other income belongs to the nature of the accident accidental income, shall be borne by the regular national tax department according to collect contingent income tax, rather than the crooks said mailing, personal income tax, margin.

According to the "individual income tax law of the people's Republic of China" and its implementing regulations, the individual winners and winning, lotteries and other income belongs to the nature of the accident accidental income, should be in full accordance with20%Tax rate of personal income tax. If the crooks said the bonus is fifty thousand or sixty thousand, contingent income tax should be more than ten thousand, but not the crooks that mailing costs, personal income tax, margin hundreds of yuan.

Three,Tencent official website and the police are to remind the broad masses of the people: vigilance, take strict precautions against Internet fraud.

Tencent official website issued a solemn statement: recently received the report user feedback, some lawbreakers fake "Tencent Inc" by nameQQChat message sending false winning information, a form of text messages, there are forms of picture message. Want to accept need to fill out personal details and pay the relevant fees, require the user to transfer according to the prompt. Police remind: if you received the strangeQQWinning information or call, must enhance vigilance, even acquaintances phone, if remittances and other sensitive issues, do not believe. The recent police also informed the solving process a large network of fraud cases, and remind users, Tencent Inc have never had a lottery, lottery is the so-called fraud.

Four,Give upQQWinning numbers will not be held liable for any. This is a liar who botched trick, completely ignore.

    According to a winning information website provided by Mr. Li, to enter the site in input validation code, the name of the web site for "Tencent joy lucky draw", having one or two prize; the website also stay lucky winners advisory telephone users:4006271520. According to the website said: "need to pay to collect their prizes before2400Yuan deposits and100Yuan postage, also pay award a certain proportion of the amount of tax". The website that: this activity by the Internet Management Bureau for examination and approval, the notary public, the lottery activity has the protection of the law, the winners please rest assured to handle the registration formalities process award.

Example.2010Years5Month11Afternoon, Miss Zhang rushed to Huaian Economic Development Zone Nanjing Road police station alarm, said she hadQQWinning numbers"Trap, by the network swindlers to pay a fee, margin as cheated50800Element.
On the afternoon of the same day just to go to work, Miss Zhang open the computer, the screen out of a"Tencent"Information window, said herQQNumber of winning, bonus58000Element. Miss Zhang at first did not care about, it is estimated that the crook trick, but because of curiosity, she opened the window to see what. Click immediately after the jump out of a page, let Miss Zhang fill in personal information, including the identity card number, real name, work unit, address, telephone unit etc.. Miss Zhang think fun filled out. Fill out to submit and a pop-up window, page to appear"The Internet website official certification"Above, there are two small windows floating, a small window is displayed as"Tencent customer service, telephone:4006989997.The other, a floating window display:"Internet official certification website, customer service phone:0755-81294601". Miss Zhang is to click on the"Tencent"The small window, at the same time to ask whether true win a prize in a lottery, the phone is a woman, she said this thing, and let Miss Zhang quoteQQNumber, check whether is winning, but also the identity information.
After the call, Miss Zhang worried about each other is a liar, and dial"The Internet website official certification"Customer service phone, the phone is a man, he said winning this thing. Miss Zhang then call"Tencent"Customer service, customer service staff:"You pay1200Yuan fee, and then get a bonus."And Miss Zhang a bank card number, account name"Feng Junmei"Let her past, remittance. Miss Zhang took her uncle's bank card in the unitPOSMachine made1200Yuan in the past. Miss Zhang then call"Tencent"Customer service, told them the money in the past, when the other party says pay bonuses20%That is11600Yuan as deposit, said Miss Zhang didn't have so much money, and said not to receive this award. OK? Who know each other said no, and said that because the data has been submitted, shall be investigated for legal responsibility is not a prize.
Miss Zhang did not believe, and call"The Internet website official certification", which know website customer service staff also said that this award must, otherwise it will pursue legal responsibility. Miss Zhang was very frightened, and they talk, can a bit less, because she did not have the money, they finally agreed to as long as10%. Miss Zhang and exchange5800Yuan, call"Tencent"Customer service, who know the customer service staff said no, must pay20%, or can not accept, Miss Zhang had to sink5800Yuan in the past. The money exchange later,"Tencent"Customer service people tell her to pay18000Yuan margin, that is to prevent her to claim the prize is a hacker. Because have collected so much money in the past, try to stop but cannot miss Zhang, and inPOSMachine exchange18000Element to them. After the remittance, Miss Zhang also contact"Tencent"Customer service, they also say to want to make the final29000Yuan final margin, margin once into account, the deposit and bonus together again sink into her card. Miss Zhang told"Tencent"The customer said he is not money, finally they said exchange20000Yuan is OK, money in the past is no more than five minutes and bonuses with the return of. Miss Zhang had to put money in the past. But Miss Zhang put the money in the past, but no money into her bank card, then she found that really cheated, and she will give them to collect the money five times, a total of50800Element.
Police remind: one is the winning information do not rely on Internet, especially the winning information required to pay related costs before the. The two is to work to identify, if can not distinguish between true and false, can ask the police to assist the judge. Three is not the money, when did not receive the prize money or don't hurry to remit money to each other.     　　

Ma Peijie lawyers suggested: the civil rights of citizens can be voluntarily give up, even if it is to receive the prize of the right, as long as the parties take the initiative to give up, the law is permitted. Even if the parties to complete the relevant personal information, give the award will not be held liable for any.

Civil rights, refers to the possibility that the civil law civil subject enjoys some civil interests. In the civil right of property rights including real right and creditor's right, therefore, can also be said that the property right belongs to the civil rights of the owner, can be arbitrary punishment.Give up the civil rights is a civil legal act, refers to the subject of civil rights in accordance with the law or agreed with civil right away and fails to do so. Is permitted by law behavior

Five, the Shenzhen police strike out, to crack down on Internet fraud.

"CongratulationsQQNumber lottery won the two prize in the ten anniversary activity in the Tencent Inc, the bonus is RMB58000Element and the Sponsoring Firm sentQ40Notebook computer."The netizen is no stranger to such information, but this information is true or false? Is there a winner? Recently, the Shenzhen police notified the solving process a large network of fraud cases, and remind users, Tencent Inc have never had a lottery, lottery is the so-called fraud.

  2012Years8Month10Day, the Shenzhen Municipal Public Security Bureau police detachment net combined with light, Baoan branch, organizing the implementation of the code"Net sword"Strike action, the entrenched precision strikes in Shenzhen Hainan Danzhou Ji fraud dens. In the action, successfully destroyed the Internet fraud dens5A, wiped out the fraud Gang4A, and arrested the suspect24The computer name, seized22Station, mobile phone29Department, bank card34Zhang, cash3000Yuan, a group of hackers software. According to the captured"Released the information"Replacement, they each day to the computer can send falseQQWinning information and false merchandise information nearly 10000. After the preliminary check,5This month, five criminal gangs were fraud profit nearly20Million yuan.5To date, Shenzhen Police Organization against Internet fraud special action detection network bilk case39Up, out criminal gang21A, and arrested the suspect166Name.

 Didn't think very happy in awards, is actually a hoax! Here, Ma Peijie lawyers to remind the majority of users or not easily believe that the sky will fall pie. Especially not be greed, for your remittance so-called winning past activities, must be cautious. Otherwise, will accidentally fall into the trap set by the swindlers, make their own "award" did not get, but refraction and distracting.

Smell speech hearing, pen Yuan Ming; trust, loyalty affairs; the interpretation of the law, arguing; Hung Yi Jian, stand up for what is right; human right, as bright as sun and moon; the conflict law, Good prevails over evil! [Yunnan (Dali) famous scholar expert lawyer, lawyer Ma Peijie: 13508724904]