“团长”法律责任界定及警情处置问题研究——基于上海市C区F社区团购的个案剖析

Research on the Definition of the Group Purchase Organizers’Legal Responsibility and Their Disposal Problems——A Case Study of Group Purchase in Community F,District C,Shanghai

疫情防控期间,社区团购对满足“三区”居民物资保供发挥了坚实作用,“团长”是关键纽带,但随之而来的是团长法律责任问题。以“C区F社区团购”为切入点,梳理出了居民自主决定型、居村委批准型、街道指定物资型3种社区团购类型,上述3种团购类型均存在虚拟人员聚集性、网团方式集中化、楼栋团购趋势化的特征。团长法律责任是民行刑交织的问题。民事法律责任分为好意施惠型团长的过错责任、无偿委托合同型团长的过错责任及有偿委托合同型团长的过错责任;行政法律责任涉及的违法行为主要是哄抬价格与销售欺诈,关联的执法主体是市场监管、食品药品监管等部门;刑事法律责任包括诈骗罪、非法经营罪、销售伪劣产品罪等。据此,厘清团长的民行刑法律责任,进而在警情处置中要着力构建科学规范的警情分流制度,推动规范“黑团长”的取证要点,探索建立居村委牵头管理、民警适度监督的分区团购模式。

During the epidemic prevention and control period,the community group purchase played a crucial role in guaranteeing the material supply to residents in"three kinds communities".As such,the community group purchase organizers are the key links.However,along with them come their legal responsibility.This paper starts with the analysis of group purchase of"Community F in District C"and sorts out three types of community group purchase,namely,resident-initiated type,community-committee-approved type,and sub-district-designated type to distribute materials.All the three types of group purchase that are mentioned above have the characteristics of aggregated virtual personnel,centralized online group purchase,and building group purchase.The group purchase organizers’legal responsibilities are an intertwining problem between the civil law and criminal law.The civil legal liabilities can be divided into the fault liability out of organizers’good intention to do favors,the fault liability of the gratuitously-contracted organizers and the fault liability of the compensationally-contracted organizers.The illegal acts involved in the administrative legal liability are mainly price gouging and sales fraud,and the related law enforcement subjects are administrations of market supervision,food and drug supervision and other units.The criminal legal liability relates to fraud,illegal business operation,and selling fake and inferior products,etc.Accordingly,it is necessary to clarify the group purchase organizers’civil or criminal responsibilities,and then strive to establish a scientific and standardized police situation diversion system to respond to different calls for police,promote the standardized evidence collection for illegal organizers,and explore the establishment of a different group purchase modes initiated by community committees and moderately supervised by the police.