How can it be illegal to sell your old books? Lawyer Yang was extremely puzzled by this and proposed administrative reconsideration, but it was rejected. So, Mr. Yang made a complaint to the law enforcement department. Later, the court of first instance decided to cancel the punishment.
A formal book bought with one's own money becomes one's legitimate wealth. After reading it, reuse it and sell it to others. How can it become a "publication distribution"? Selling two used books is a publication distribution business? Are there any misunderstandings about "publication distribution" among relevant law enforcement departments and law enforcement personnel? If this punishment is to be imposed, then people on major second-hand trading platforms are estimated to be spared?
I don't think it makes sense. Let's sort out what publishing is. That is, publishing units deliver publications to consumers in the form of commodity exchange. There must be three factors here, namely, the publisher of the publication, the publication and the consumer.
Publishing houses include publishing units and publishers, which are generally distributed in large quantities, but also include some retailers. In this case, Mr. Yang sells his second-hand books, similar to retailers. But lawyer Yang is a consumer first. Although he sells used books, he is not a publisher in a strict sense. Lawyer Yang sells his idle books, which is indeed a commercial act. Does this behavior belong to the category of distribution?
According to the law of our country, the act of selling second-hand books also belongs to the act of handing over publications to others. Then it seems that the sale of old books by lawyer Yang belongs to the category of publication distribution. However, engaging in publication distribution does not necessarily require a publication business license. According to article 10 of China's "Electronic Commerce Law", individuals who use their own skills to engage in convenient labor activities and sporadic small-scale transactions do not need to be registered as market participants without obtaining permission according to law.
Specific to this case, Mr. Yang belongs to sporadic small transactions, that is, the annual cumulative transaction amount does not exceed 6,543,800 yuan. Therefore, it is illegal for the administrative department to punish Mr. Yang Can for selling idle books without approval. At present, the case is only the first instance. Although it has not yet taken effect, it is uncertain whether the administrative department will appeal, but the judgment of this court is also very convincing.
What do you think of this?