Does the supermarket have the right to fine theft?

No, supermarkets have no right to fine.

Slogans such as stealing one and punishing ten are generally used as deterrent slogans in supermarkets and other places. In fact, supermarkets and other institutions have no right to impose fines on violations of public security.

Disrupting public order, endangering public safety, infringing personal rights and property rights, obstructing social management, which is harmful to society and constitutes a crime in accordance with the provisions of the Criminal Law of People's Republic of China (PRC), criminal responsibility shall be investigated according to law; If it is not serious enough for criminal punishment, the public security organ shall impose administrative penalties for public security in accordance with this law.

That is, the supermarket has the right to hand over people to the public security organs, and the police at the police station will punish them according to the regulations. But the supermarket itself is not qualified to deal with and fine. But under normal circumstances, out of selfish psychology, many people will accept the supermarket's request for stealing one and losing ten or other compensation.

However, the mistake of supermarket practice does not mean that the thief is right. Both parties shall settle the dispute under the mediation of authoritative organizations.

Extended data:

Evaluation on the behavior of "stealing one and punishing ten"

1, Wu Shengjian, an associate professor and legal expert at East China University of Political Science and Law, thinks:

The question to be discussed in this case is whether the supermarket can set its own standards for theft and whether it can make its own rules to punish thieves after discovering them.

In the supermarket's self-defined "factory promotion staff working procedure", it is obviously without legal basis to take goods that are not promoted by themselves to their own jobs as theft during work. Because theft is a kind of behavior that endangers society, its standard can only be judged by law enforcement agencies authorized by the legislature or relevant authorities. As an enterprise, supermarkets have absolutely no right to customize the punishment standard for theft.

When the standards set by it conflict with national laws, this kind of behavior will inevitably cause confusion to the legal order of society. When a thief is found in a supermarket, the thief is still a legal suspect. Whether it can be confirmed as "theft" can only be decided by the legal authorities after reviewing according to legal procedures.

If supermarkets are allowed to punish theft suspects without due process, it may infringe on citizens' legitimate rights and interests and deprive citizens of their due process defense rights and appeal rights.

In addition, if the evidence of theft is conclusive and the supermarket handles it according to its own rules, it is very likely that the thief who should be punished by law will escape, which will objectively lead to the serious consequences of conniving at criminals and making them continue to endanger society. ?

2. Hong Morality, a law professor at China University of Political Science and Law, clearly pointed out:

The rule that merchants "steal one and punish ten" has no legal effect.

According to the administrative punishment law, only state organs can punish, and shopping malls have no right to punish. Even if the other party is at fault, the merchant shall not treat the "thief" by illegal means and punish him without authorization. Of course, the law also protects the rights and interests of shopping malls.

Professor Hong pointed out that the correct way for shopping malls is: first, send thieves to public security organs for handling; Second, as for the loss, you can bring a civil lawsuit to the court and demand compensation from the thief. Although it is "troublesome" to do so, Hong Morality emphasizes that the legal protection of one's own rights and interests can only be completed through legal procedures, and safeguarding rights cannot be at the expense of breaking the law and hurting the legitimate rights and interests of others. ?

References:

People's Network-Expert: "Steal one and get ten free" infringement!

Baidu Encyclopedia-People's Republic of China (PRC) and Public Security Administration Punishment Law