● most cash withdrawal software has the problems of false publicity and exaggerated publicity. The real purpose of software companies is to drain profits. A large number of users can't withdraw cash at all, and spend a lot of time without any reward ● some withdrawal software will also induce users to share during use, or through some page design "tricks", let users unconsciously download plug-ins or jump to the page ● if the withdrawal conditions advertised by the withdrawal software cause users to misunderstand and and guide them to download, but this software cannot realize the withdrawal function during actual use, it may be suspected of false publicity or false advertising Ms. Liu in Chaoyang District, Beijing is a housewife. She often swipes short videos on the Internet. In April this year, she accidentally saw a short video advertisement of "listening to songs and guessing plays, making money easily". Out of curiosity, she downloaded the software called "Dian Dian guessing songs". After completing the task, she successfully withdrew 0.9 yuan. Later, she spent 2 hours a day answering questions in the software. When she finished the task and was ready to withdraw, she found that the withdrawal requirement suddenly increased to "guess 5000 songs correctly". Have you been cheated? Ms. Liu asked questions on the Internet, and then found that many people have similar experiences. Some call it a "cash withdrawal software trap" - it seems that the more questions you answer, the more money you make, but the more difficult the task is, and you can't withdraw cash all the time. According to a recent survey by the reporter of the rule of law daily, there are still many software known as "making money by answering questions" and "making money by guessing songs", such as "making money easily", "newcomers can get a large red envelope by downloading", "making money without looking at advertisements" and "there is no threshold for cash withdrawal" to attract people to download app answers and do tasks. Many people spend a lot of time on it. In the end, they can't withdraw cash at all or only withdraw a few yuan or even a few cents. Some people shouted: cheated. Withdrawal function exaggerates Profit is the goal Mr. Cai and Ms. Liu in Tianjin have the same experience. He told reporters that after downloading "Diandian guess song", its task showed that "you can withdraw 300 yuan if you log in for 10 consecutive days and guess 80 questions correctly every day", but when you finish the task for 10 days, you are ready to withdraw the present, "Diandian guess song" also proposed to "guess 5000 songs correctly" to withdraw the cash. Mr. Cai decisively uninstalled the software. So, can "guess 5000 songs" really be cashed? "It's impossible to withdraw cash at all." Ms. Xiao, from Daxing, Beijing, said that she worked hard to answer the questions. The task of "Dian Dian guessing songs" became more and more difficult. By the 4700 or so guessing songs, Thai and other non Chinese songs began to appear, and there were still many questions without correct answers. When 5200 songs are completed, the software shows that it has reached the upper limit of guessing songs, but it is still unable to withdraw cash. Ms. Xiao told reporters that she immediately contacted the customer service of "Dian Dian guess song" software. Customer service said that the subsequent version of the software is still under development and there is no solution at present. "That is, it is impossible to complete cash withdrawal. It is basically deceptive. It swindles traffic and wastes users' time." This year's National Day holiday, according to Ms. Liu's guidance, the reporter searched the "Dian Dian guess song" software in the mobile application market and found that the software had been taken off the shelf. On October 18, when the reporter searched again, he found that a software called "little guess Song - get cash" can be downloaded. Ms. Liu told reporters that the appearance and images of "Dian Dian guess Song - get cash" and "Dian Dian guess song" are similar, and the advertising and playing methods are also similar. In the software review of "little song guessing - getting cash", there was a serious polarization. Some comments said that "it's very fun, and more than a few hundred dollars can be withdrawn at once", "Song guessing games exercise the brain, a super easy-to-use software. Come and download it quickly, which will help you to improve your intelligence and brain". These comments were hit 5 stars; There are also comments that "no, it is recommended not to download. You can only mention 0.3 yuan forever, which is not much at all" "it's too bad. It's said that you can get 300 yuan if you do the task well in five days, but I didn't get it after I finished the task". These comments were all hit 1 star. More than 1500 comments, with an average score of 2.5. In fact, there are many similar tasks, answers and cash withdrawal software. In a short video platform, the reporter saw a lot of advertisements for "cash out from reading novels" and "cash out from listening to songs" and videos recommended by bloggers. Most of them wrote "earn pocket money, simple operation, go and try". In the mobile application market, the reporter found a variety of song guessing cash withdrawal software, such as "Song guessing talent show", "Song guessing God" and so on. The scores of these software are mostly about 1 to 2 points, and the comment area is full of bad comments on "unable to withdraw cash" and "swindler software". The reporter found that there are two main categories of mobile cash withdrawal software: The first is that the software itself provides substantive services for users. As a subsidiary function of drainage, withdrawal attracts users to download and use the software. This kind of software is usually the product of well-known companies, which can be withdrawn, but the amount is small, which is inconsistent with its advertising. For example, "tomato novel" provides free novel reading as the main service content. Some users said that they only withdrew 15 yuan after reading it for more than 700 hours. "Although the amount of withdrawal is far from that of advertising, the original intention of their use is to read novels, so they don't feel cheated, and the use experience is OK," said one user. However, some users are dissatisfied with the large difference between the withdrawal amount and the expectation. The second type is that the software only attracts users for the purpose of cash withdrawal. Users earn the cash withdrawal amount by constantly doing tasks, games and watching the completion time of advertising, and then withdraw the cash when the specified amount is accumulated. However, users generally reflect that they cannot withdraw cash successfully: after completing a task, such software will continuously improve the withdrawal requirements. According to the reporter's observation, most cash withdrawal software has the problem of false publicity and exaggerated publicity. The real purpose of software companies is to drain profits. A large number of users can't withdraw cash at all, but they can't get any reward for spending a lot of time. It is difficult to distinguish the authenticity of star endorsement False publicity and induced advertising It is understood that some withdrawal software will also induce users to share in the use process, or through some page design "tricks", let users unconsciously download plug-ins or jump to the page. A netizen "deep blue", who has used many kinds of withdrawal software, said that the withdrawal software will be filled with a large number of advertisements in the process of completing the task, and there are many induced advertisements, such as false page closing options on the screen. Once touched, the user will automatically download the software in the advertisement. "Deep blue" said that it initially believed in the authenticity of cash withdrawal for two reasons: first, some software can withdraw cash at the beginning, such as 0.3 yuan; Second, the interface will continue to appear above“ ××× (user's nickname) the bullet screen of "withdrawing 500 yuan successfully". "Now think about it, this is the routine of software enterprises, which steal users' wechat avatars for false publicity." In the comments below the "Zhihu" related questions, the reporter found that many users found that they could not withdraw cash after completing 1000 to 2000 song guessing or a certain amount of tasks, and there was no successful withdrawal of a large amount in the comments. The reporter noted in the investigation that some cash withdrawal software are endorsed by stars, but the authenticity of the endorsement needs to be verified. Mr. Wang in Tianjin told reporters that he did not believe in cash withdrawal software. "There is no such good thing in the world", but he felt that he had a certain credibility after seeing the star endorsement. He downloaded a cash withdrawal software for watching video advertisements, kept doing tasks, and the task requirements were constantly improved. Later, he asked to see 98000 video advertisements to withdraw cash, which made him wake up: he would never eat this "free lunch". Many interviewees said that some bad software developers, in the name of "leisure to make money", take advantage of users' desire to make money easily, use exaggerated propaganda or induced advertising to attract people to download software to defraud the download volume and traffic. They hope that the majority of netizens will polish their eyes and not be deceived. Administrative department supervision and punishment The circumstances are serious or constitute a crime On August 30, the official microblog "black cat complaints" of sina black cat consumer service platform released information that there were nearly 200000 complaints related to "cash withdrawal" on the platform. Duan yingzi, a lawyer at Beijing tao'an law firm, said bluntly: "if the withdrawal conditions publicized by the withdrawal software cause users to misunderstand and so guide them to download, but the withdrawal function cannot be realized when the software is actually used, it may be suspected of false publicity or false advertising." Zheng Ning, director of the law department of the school of cultural industry management of Communication University of China, pointed out that the anti unfair competition law stipulates that business operators shall not make false or misleading business publicity on the performance, function, quality, sales status, user evaluation and honors of their goods, so as to deceive and mislead consumers. Business operators shall not help other business operators to carry out false or misleading business publicity by organizing false transactions. The violator shall be ordered by the supervision and inspection department to stop the illegal act and impose a fine. If the circumstances are serious, his business license may be revoked. Those who publish false advertisements shall be punished in accordance with the provisions of the advertising law. "Consumers have the right to know the real situation of the goods they buy and use or the services they receive. As the marketing means of merchants, such as inducing sharing, inducing downloading and false publicity, if consumers' rights and interests are damaged by concealing the real situation, cheating consumers, or violating the consumer rights and interests protection law, they can claim compensation from the service provider," Zheng Ning said. Liu Deliang, Professor of the Law School of Beijing Normal University and director of the Asia Pacific Network Law Research Center, said that from the perspective of advertising law, the so-called products and services provided by some cash withdrawal software are false, violate the provisions of the advertising law and constitute false publicity, which can be supervised and punished by the competent department of industry and commerce; In terms of contract law, if the contents of false publicity constitute contract terms, and the merchant does not perform the contract for the purpose of fraud, it may constitute contract fraud. Consumers can not only claim to bear the liability for breach of contract, but also demand the termination of the contract and compensate for losses; From the perspective of consumer protection law, false publicity and fraud constitute violations of consumers' right to know, and some may constitute violations of consumers' right to choose, and consumers can sue; From the perspective of criminal law, if it constitutes contract fraud, which simply deceives consumers without the purpose of performing the contract, it may constitute contract fraud in criminal law, and criminal responsibility can be investigated. In view of the phenomenon that some software in the mobile phone application market deceives consumers and diverts software with the gimmick of "cash withdrawal", Zheng Ning analyzed that one of the main reasons is that there are many illegal situations and the law enforcement efforts of relevant departments are not enough; Second, such illegal acts have low cost and high income, and interest driven makes this phenomenon difficult to control and eliminate. During the interview, many users asked: for such withdrawal software, does the mobile application market platform have no regulatory responsibility? In this regard, Liu Deliang said that legally speaking, the platform usually has no obligation to actively supervise, but for the withdrawal software that has been complained repeatedly, the platform should take corresponding measures. If it is verified to be true, it can take measures such as requiring the complained software to be taken off the shelf and restricting the complained software from entering the application market. If the platform refuses to perform its duties for the software complained by users repeatedly, it shall bear corresponding responsibilities. At the same time, Liu Deliang said that from the perspective of institutional supervision