There are good things with monthly sales of 80 million, revealing the boundaries and logic of social e-commerce

# This article is a record of the 59th issue of Tiger Sniff Selection #

[Introduction to Big Coffee]Chen Ying, CEO of Good Things, after graduating from Harvard MBA, chose to use the Internet to transform the market experience of villages and towns, three years earlier than Village Amoy and five years earlier than Box Horse Fresh Life, and made a "new retail" combining online and offline in rural areas. At that time, he used QQ group as a tool to make a village-level group purchase, sold Guangzhou’s clothing tail goods directly to villages in Shandong and northern Jiangsu, and served as a local community and life service in more than 500 counties and towns across the country, transforming the group purchase mode of Meituan Review into a local joint membership card, which brought great convenience to local people.


In 2016, leading a group of partners who graduated from top universities like Harvard and Wharton Business School like Chen Ying, Chen Ying came out of the countryside and founded the community e-commerce platform "There are good things". After just two years’ development, "Good Things" has completed the $50 million Series B financing led by Qiming Venture Capital, with monthly sales exceeding 80 million.

 

In this private conversation, Chen Hao shared a lot of his understanding of social e-commerce trends and practical dry goods. Due to the space problem, we divide the record into upper and lower parts. The first part is Chen Ying’s trend analysis of social e-commerce, and the second part is Chen Ying’s answers to specific problems in practice. In addition, Chen Ying will also attend the retail private enjoyment meeting of Tiger Sniffing FM Festival on November 25th, and share and communicate with social e-commerce peers in depth.

 

Chen Ying:This time I originally wanted to share some trends about the whole industry, but I came over (Big coffee private talk activity) I found that the vast majority of people here are either founders and CEOs or investors, so I think it may not be enough to talk only about industries and trends. There are a lot of questions raised by you earlier, so I want to change the form of my sharing, put PPT aside, and make some summaries around the issues that you are more interested in first.

 

Today, I came to friends who do TV shopping, insurance, customers, training, education, public relations services, finance, parent-child travel, outdoor, beauty equipment, consumer brands, and self-media. I found that most people are interested in thinking about how to better integrate with the community and socialize around their specific categories.

There are a group of friends who do "offline", including offline shops, online makeup, and offline hair growth. His question is "How can I connect with the online"; There are also friends who play games, whether it is small programs, small games, game e-commerce or other games. Their problem is how to connect through the form of community.

 

Several problems about social e-commerce

So I think the first big problem, that is, at the operational level, how to make the category have a relationship with the social community. In addition, some friends may still be in the initial stage of understanding the business model of social communities. For example, some people will ask questions about high frequency and low frequency-the essence of this question is thatWhether all categories are suitable for social transformation, or only high frequency is suitable, low frequency is not suitable, then what if it is low frequency?

 

The second big problem is the importance of user operation, and the other side of operation is whether it can be replicated on a large scale, because if you do it bigger, maybe 100 groups can maintain and operate themselves, and 1,000 groups can maintain and operate themselves, but if I have 100,000 groups, what should I do about it, orIn essence, this model is concerned about whether the number of terminals and the quality of service will deteriorate with the increasing scale.

 

I think the third question is very good, and it is also about the business model. namelyIn the social community model, is there any differentiation except the supply chain?

 

The fourth big question is actually to know more about our company’s system, such as the city partner system, including some friends asking if there is room for cooperation in some products or categories.

 

Development of social e-commerce

Actually, we (There are good things.The development process of) is still relatively simple. From 2016-2015-2016, the competition of fresh e-commerce in Beijing was the fiercest year. By the end of 2016, basically, some of them had been "killed", and some problems gradually appeared in Xu Xian, Ai Xian Bee and Yimixian. At that time, it was very difficult to make fresh food. No investors were willing to vote, and even many people felt that fresh e-commerce was not established.

At that time, we found an interesting phenomenon, that is, although the competition in the whole market is very fierce and the subsidies are very severe,However, in most communities in first-and second-tier cities, there is actually a group that has grown up by itself. This group may have a few people, for example, dozens or two or three hundred people.Each group) There are group owners who are selling things, and what they sell is mainly fresh food and food. No matter how competitive it is outside, he sells well here, and the single quantity and customer unit price are ok.

This phenomenon has gradually formed since 2015, so I found it very interesting at that time. How did these people do it? What kind of problems will they encounter when doing it? How can we help them? This is our starting point. We found that for non-standard products such as fresh food and food, after adding a layer of "user trust", (Through the group owner) It can better express the uniqueness of this product, and with some e-commerce means, users can make their first attempt without paying much attention to cost and price. After trying, if you are really satisfied with this product, in the process of repurchasing, because the relationship between users is an acquaintance and a semi-acquaintance, the customer group maintenance in the later stage of shopping can be done particularly well. For example, if the user has some questions, the group owner will answer them in a very timely manner. If the user says that the received things are not good, the group owner will even visit the house and say, "Sister Zhang, if you have any problems, I will help you change them"-this feeling of temperature is actually very good. So there may not be many people joining this group, one or two hundred people, but the overall consumption potential is great, and it is very well preserved. At that point in time, the biggest problem of e-commerce was that the first innovation was particularly difficult, and the second maintenance failed to keep up. These two problems were effectively met through the community in 2016. Therefore, our idea at that time was relatively simple, that is, to communicate with many such group owners and ask them what kind of needs they have and how to help them.

 

(group master) the more common answer is that they lack three "things":Traffic is one of them. Once it is big, there are 200 people who always want to be 500 people and 1000 people. Then the second one is missing goods, and the third one is missing tools..

 

I can’t help him with the traffic problem for the time being. Because the reason why he can do this well is to serve 300 people around him well, I will add 500 people he doesn’t know. His business model has changed and he has become a traditional stranger e-commerce. So whether people in the group buy, how to buy, and have daily interactions is actually unknown as a group owner, so the first stage is actually more difficult to do.

 

The second question is that we can do something, because when he made it himself in the early days, it was more conventional because he had a good product. For example, his family planted oranges, and his parents planted oranges in the mountains. By this time, he made some for everyone to eat, and even drove a Mercedes-Benz to get some oranges for everyone to eat-everyone ate it really well, and built trust with him; In other words, my uncle has channels to get particularly good imported meat from Europe, but because it is made by my uncle, everyone must rest assured of the quality, 300 yuan a box. Everyone thinks it’s particularly good. At first glance, it comes in through special channels, and everyone is particularly willing to buy it.So earlyHe must have a special product, which makes everyone feel special in terms of experience, quality and price.

 

The establishment of trust relationship is the key point of social e-commerce

However, these users have been buying it and think, OK, can I buy some other products? Now that the group has been built, do you have any other good products to recommend? If the owner of the group doesn’t have new products, the group will do very poorly, which will waste the trust of two or three hundred people. The owner of the group is not familiar with other products except the products he controls. Of course, there are many suppliers specializing in online brands now, but in fact, he doesn’t believe that they can supply products in a relatively stable and high-frequency form. Because he only has this group, there are 200 people in this group, and they all live in a community. In case something is not good, he dare not go downstairs, so the personal credit of the group owner is on this matter. Many of the owners may be mothers with children or employees of state-owned enterprises. She doesn’t have the time to help everyone go to the Northeast to see rice at this time. At that time, she couldn’t do it when she went to Hainan to see mangoes, so we said that we could support and help the owners to make this better supply chain.

 

It took us about more than a year to gradually complete 100 products and gradually establish a trust relationship. When hundreds of people really believe in us and make some money from us, because there will be others around the people who make money, the word-of-mouth effect will rise, and more people will join us to do this. Now we have about tens of thousands of such owners in Beijing, and we call them selectors. Then we set up a team of 50 or 60 tasters as a whole to find good things all over the country. This is basically the core model of having good things, a dual-core model-tasters and selectors. Selectors are our sales channels, and they help us to share, sell and serve goods. Generally, there is a certain trust relationship with users. We call them. In fact, semi-acquaintance is the best, and everyone does not have much psychological burden when trading. At the same time, he believes that you are at least in my circle of friends and in my community, so everyone has a mental idea that you can’t run away and I can find you, so the transaction is easier to produce; The other is that the connoisseur is to be a supply chain, really pick out the good products, and then the selector displays them for sale in a form that he likes to see and hear. We will develop both at the same time.

 

Today, 70%-80% of our sales still come from North China, and then gradually expand the markets in East China, South China and the whole country. This is our development plan for the coming year.

 

People-centered social e-commerce has become the mainstream form.

I chose to talk about the background of the company first today because I believe that everyone is an entrepreneur. When entrepreneurs choose their own business models, there is a key problem that if I do A, I can’t do B because resources are limited. And once you do something, whether it’s an opportunity or a pit, you have to stay in it for at least 3-6 months. If you really want to spend a lot of time on the community, you actually have to have more confidence in this direction. If you don’t, it may be difficult to stick to it halfway and invest a lot of resources in it. But starting a business is that if you believe it, it is more likely to succeed, and if you don’t believe it, you will definitely not succeed. So after talking about the background of the company, I will briefly talk about some things in the whole trend.

 

First of all, we must make it clear that social e-commerce with people as the core has become a mainstream form of retail. This is a very heavy statement. Before, everyone said that the mainstream was nothing more than offline, online and online e-commerce, and offline we called retail stores. However, we feel that social e-commerce may have become, or will soon become, a mainstream form. If we really recognize it as a mainstream form, we should invest instead of trying.

 

You may all know that counting taobao guest and Pinduoduo, including good things, all through WeChat (The transaction amount of) add it up, how much is it? At most, it is 1.8 trillion yuan, and at least it is 800 billion yuan. Generally, everyone thinks that the level is 1.2 trillion to 1.5 trillion yuan. This is an amazing number-it took three years to achieve this number in the social ecology of WeChat; It took more than 10 years for traditional e-commerce to achieve the same level, so I think it is a very obvious trend, and I didn’t feel that it would slow down this year. Recently, Pinduoduo went public, and it came out before people could react.

 

The development history of retail

For this matter, I think everyone here, including myself, should have so-called strategic self-confidence and follow the trend. So let’s talk about the history of retail first. I would think that there are actually three stages of retail. Before the 21st century, we all called it the 1.0 era, all the way to the Middle Ages and all the way to the ancient times. What do you mean? You have the goods, you are awesome. For a long time, whoever can control the goods will be the king of retail; In the 21st century, from 2000 to 2015, it has gradually become an era of field. What is an era of field? If a person can gather enough goods in one place, for example, if I can collect all the goods here, I will be a cow, so there will be such a supermarket model offline. Wal-Mart and Carrefour are particularly cattle, and there are Taobao, JD.COM and Tmall online. They are actually fields with strong Matthew effect. I am a cow if I have more things. This is the 2.0 era;

The third era should be gradually revealed in the past two or three years, including what we said about Wechat business in the early days. The human factor has become more and more important-the three elements of retail, people, goods and markets. Although it is said that people have always bought things, people themselves, as a retail factor, have gradually become important in the past few years. The reason is that with the development of productive forces, the whole society has undergone several changes. One is "Is there goods?" "Suitability is not suitable for me" has become particularly important. Second, trading is no longer just to meet material needs, but also to have emotional and social needs. Suitability is a subjective judgment, dissatisfaction is a subjective emotion, and trading itself is also a social behavior.

How to make the user feel comfortable in social behavior before, during and after sale, and increase the possibility of his satisfaction and suitability is also a major change. Because in the first two stages, when people are not the core, in fact, emotions and emotions are not so important. Either you have to buy this product or you have to go to this place to buy this product. Personal emotions are not so important. Only when suitability becomes important, this becomes important. The third point is actually crucial, that is, mobile technology has greatly reduced the cost of using people as sales service nodes and greatly improved efficiency. Now I want to answer a question just now, can different categories be combined with social groups? My answer is that I haven’t seen any category that can’t be combined with social groups yet. This is a very arbitrary judgment, but I think it is probably true.

 

The "broker" model is becoming more and more important.

Let me say why the business model of taking people as the sales node didn’t come into being in the past two years. It has always been there. We call it the "broker model". For example, if you buy a house, you will go to a broker, and buying insurance is also personal sales. Financial management is often personal sales, and direct sales is personal sales. These large categories have long been based on people as the trading node.

But one of the core reasons why it does not cover a wider range of categories is that before mobile technology, people-to-people sales were mainly one-to-one behaviors. If I want to serve you, I have to communicate face to face. In the scene of direct selling, such as Amway, I want to organize a family gathering. I may need to prepare in advance and ask everyone the time. I need to arrange the venue, which is very inefficient. In an inefficient model, if I want to sell with people as nodes, the cost is very high, so either the unit price of what I sell is high, or I have to sacrifice a large gross profit to support others to do this-this is direct sales.Direct selling gives 80% of the gross profit space to the channel. Why? Because he is really slow to sell things, or I have to sell this thing in other ways, which will cost more.

However, there have been several changes around the form of WeChat:

The first is that all the people you want to be sellers or consumers are in the same software with you. Whether it is online virtual space or offline physical space, you have never been so close to everyone.

The second point is to share and sell information in the form of online community, and your sales efficiency or information sharing efficiency is improved by dozens of times.

 

With this foundation, we will find that the cost of each sale is greatly reduced. The result of the reduction is that I don’t have to sell so expensive things now, and I don’t need to give up a lot of gross profit space, so I can also do people-based sales. We started by making fresh food, which is one of the most difficult categories to sell-the e-commerce that made fresh food before us basically didn’t make money, indicating that its gross profit was very low. If someone is willing to sell such a difficult category as fresh food for you, it means that most categories actually meet the basic characteristics of being a social community.

 

In terms of actual value, if a product is of good quality and the repurchase rate is ok, basically you can take the channel cost of 6-12 points; If the repurchase rate of this product is poor, you may need to give them 15-20 points of channel cost, which is very important. Because mobile technology reduces the cost of services and greatly improves efficiency, it can cover many categories at once, or all categories. By the time that business model can cover many categories, even all categories, it may become a subversive mainstream form. So I’ll give an answer to the first question first, whether you want to do insurance, beauty, training, outdoor and finance, and I can tell you that there are people who are doing well in each of these categories. You may not know it, at least I know there are these categories, and the practices are different.

 

Mobile technology and accessible relationship chain promote business behavior.

Fourth, this is also a key point. The number of accessible relationships exceeds the law that produces reasonable business behavior, namelyAs long as there are more than 200 people in a human organization, there will be business activities among these people.. The number of 200 can be large or small, but this law shows that after people get together, there will be a relationship between service and service, which is very natural. Therefore, we have also noticed this data. If we look at the number of WeChat friends per capita in China exceeding 200, it shows that reasonable business behaviors can be generated in this ecology, so in fact, WeChat is an infrastructure for everyone, and it is a matter of time before business behaviors are generated in WeChat, which is a reasonable thing.

 

Social cognition has no boundaries.

Then there is another point. Social e-commerce has no cognitive boundary, which is actually quite interesting observation. In fact, Taobao and Tmall have mentioned "thousands of people and thousands of faces" for many years, and they still have massive data. Now that the short video comes out, Aauto Quicker, Tik Tok and thousands of people are doing very well. However, based on AI’s "thousands of people and thousands of faces", in theory, it must have cognitive boundaries.

This cognitive boundary is not the boundary of technology, but as an ordinary individual, we understand the world through classification. So once I form a simple and direct classification cognition of a certain service, it is difficult to change. Therefore, even if technology can achieve thousands of people, people will still set a cognitive boundary for a specific service.

Let me give you an example, such as Aauto Quicker. Aauto Quicker is a very successful product in China, serving a large number of people, but there are also many people who don’t use Aauto Quicker. For example, if you are a university professor, as long as you keep brushing according to your preferences on Aauto Quicker, you can also brush out what you want to see, and after brushing, it will be adjusted according to your preferences, and finally everything is your favorite. However, in a university professor’s cognition, he may feel that Aauto Quicker’s tonality is not familiar with or liked by me at the beginning. After this "prejudice" comes into being, he will form a cognitive boundary with Aauto Quicker. If his comfort zone is outside this cognitive boundary, he will not use it.

Similarly, Tik Tok also has a cognitive boundary, because it is forming another tonality. Therefore, any AI-driven product, as long as it ultimately faces people, people will classify it, and there will be boundaries after classification. But don’t forget, there is also a very successful social product, which is used by almost everyone. It is called a circle of friends. In essence, the circle of friends is a "thousand people with thousands of faces", while the essence of community e-commerce is a "thousand people with thousands of faces". Let’s imagine the future. When your supply chain is relatively rich and the quality is relatively good, every user or social node can choose the most suitable products from it and share them with people around him, and it will realize a thousand people with no boundaries-this feeling will be realized.

New Species: Social-centered Retail

Just now, we have said that whether there is a product is not the pain point, but whether it is suitable for me is the pain point. There are two implementation paths,One is AI-driven thousands of people, and the other is social interaction in the community.. We think this may be a very valuable and energetic model, because it can realize thousands of people without cognitive boundaries.

So I would say that social retail is not an important supplement to traditional retail, it is a new species. It will be a retail that will change and lead the new era, whether at the flow end or the supply chain end. Because there are several characteristics in a retail model with social as the core, first, I do decentralized nodes, I can’t serve many people, 200 people, 300 people and 500 people, 1000 people, and it is impossible to serve tens of thousands of people, otherwise you will become a traditional B2C e-commerce. When I serve a few people, first, I dare not sell bad goods casually, and once I sell them, there will be no next time. Second, I will definitely spend limited resources to study these two or three hundred users deeper, and I will dig deeply into everyone’s ARPU and core value, so I can pick out more suitable products for him.

On this premise, if I match the supply chain, it will be different from the traditional shopping mall. Because I want good things and differentiated things, so that I can make my users more satisfied. In the traditional shopping malls, no matter Taobao, JD.COM or Tmall, the support for suppliers who want to do good things is actually very insufficient, because its flow logic is a centralized logic. When I go to Taobao to buy things, the top products I find must be products with high sales volume and low price. In the shopping mall logic, a user has no way or patience to obtain in-depth information about products, and consumers still look at prices more. Price is a particularly simple, direct and rude thing. Once this logic is established, it will continue to confirm each other.

This will lead to really want to make some good products, but small suppliers can’t run out in traditional shopping malls, and they live very painfully. This kind of business actually has a structured opportunity to open up a new world on the decentralized platform of WeChat community, so I think this model will have some new features on the supply chain side and the traffic side.

 

Differences between traditional retail and new retail

So let’s finally sum up the difference between traditional retail and new retail. The first is the shift from search-based and shopping-oriented consumption to discovery-oriented consumption.

Discovery consumption means that when I buy something, I may not have such a strong purpose, but because someone recommended it to me, I bought it. Discovery consumption does not necessarily represent light consumption, but it may be heavy consumption. For example, the smog in Beijing is very heavy. Many people want to buy fresh air systems, but few people do. Why? Because this product costs more than 10 thousand yuan, I not only have to do a lot of research first, but also don’t know where to find the real fair and solid research, so this matter has been delayed. Suddenly one day I was in the group, and the person I trusted said that we bought one at home. Then I asked him two or three questions, and he immediately gave me the answer, and then I decided to buy it. So if someone I know gives me answers to all the questions I care about, maybe I can make this important decision soon.

 

The second is the transformation from the traditional traffic conversion logic to the deep excavation of individual ARPU. In the traditional shopping mall, people are regarded as traffic. You have 100 traffic coming in, and I convert it into one. There are only 10 traffic, and only one of them may come back next time. But in the community model, in fact, everyone is treated as a person, so it is possible for me to tap the in-depth needs of each consumer.

 

Third, change from vertical category to vertical crowd. This is also a key point. My relationship chain may have a similar demand to mine. We are the same group of people. What I want to do is to serve these people well. According to this logic, what we need to do is not to set up a banner in traditional e-commerce. I am the best in a certain category, I know wine best or I know mother and baby best. In order to prove this, I need to bundle all the sub-categories in this category in every detail, so I must build a 20,000 SKU, but 80% of users only buy 20% of things, or 20% of things will generate 90%. But in the community model, because it is a model around recommendation, I just need to make a few products fine and well, and I will push them to you, and you will buy them with confidence. But because of the same logic, I am serving this group of people. Around this group of people’s consumption scenes, it is not necessary for me to sell only a certain vertical category, but to dig deep into what needs these 200-odd people may have.

There is a saying in traditional e-commerce that:Cross-category, such as crossing the gate of hell. This sentence actually has two meanings. One meaning is actually the gap between the supply chain and the consumer’s mind. For example, you used to sell masks very well, but now you are saying that I am going to sell fruits. As you are unprofessional, I will definitely not buy them from you. I will go to another professional place to buy them-the traditional world must be divided according to categories.

But the people who serve you in the community are unprofessional from the beginning. For example, there is a sister Zhang in your group, and you are willing to buy things from her because firstly, you know her, and secondly, her daughter may be 4 years old, and your daughter is 1 year old. Her daughter is very cute, and you want your daughter to be as cute three years later, so you are more likely to believe her. Although she is not an expert in this industry, you have very similar consumption scenes with her. In this case, Zhang Jie may have sold fruit before, but now she has installed a new fan at home. You took a detour to her house and said that this is really good. I feel that her daughter is particularly comfortable doing homework next to her, so you may buy it.

soIt must be a model around the scene, around the crowd, not around the category.. So this is the second point to say, that is, when you look at the community with a traditional logic, whether it is shopping malls, trade or e-commerce, you have no problem cutting into a single category; But once you succeed, all you have to think about is what kind of scenes I can satisfy in my crowd. Or let’s put it another way. You can’t expect a person’s WeChat to have 100 different vertical categories. This is impossible. She may have a mother group, right? She may have a colleague group, for example. She may have such groups around people or personal identity. I want to occupy the mind of this group, so when we build our own model with good things, it is actually around people, goods and fields.

 

Trinity social e-commerce strategy

The first is to do a good job and make a selection. This is the foundation.Because only good things can make every successful transaction a social behavior to deepen trust, the essence of good goods is the right cost performance. The word "appropriate" is crucial because the word "cost-effective" is used in (Social e-commerce) It’s meaningless, it’s who you tell that matters.

 

The second is to build a consumer place with clear purpose and clear rules.This is the catalyst and wings, which means that the community is a place.

 

The third is to build a retail system around social interaction and provide them with goods, supply chains, training information and tools. This is the leading role and empowerment around people, so this is the trinity strategy of social e-commerce.Then at the same time, in the process of doing it, you can empower your community leaders, and you can ask them to help you do more things. He can spend money, recommend new users, help you with customer service and help you with sales. Then, if you take a step further, he can help you to fulfill the contract, and potentially help you with product selection, content and training. I think this is what everyone thinks, that is, every point is actually not good. So the core point of my sharing is that everyone is socializing, and socialization is valuable, and after this value is released, it has great potential.

 

Finally, I think there is a very crucial point, that is, if any business form is to become a mainstream business form, it is rarely because a company is doing well, but it must be caused by changes in an ecosystem or a trend. In our model, to do this is actually to solve two core problems. The first core problem is how we can make more and more sellers and sales practitioners feel that selling products on WeChat and in the community is a legitimate career. Some of us also say the word Wechat business, saying that this is a very LOW behavior, and Wechat business itself is not LOW, and it becomes LOW by doing.

 

compete

Why do we go LOW? If we go back to history, there may be several reasons:

 

First of all, because Wechat business didn’t sell well in the early days, I was "cooked" once or twice by my acquaintances, and I was greatly disgusted with this matter. In addition, everyone has a certain sense of shame about the Micro-Chamber of Commerce-even if many awesome people make a lot of money in Wechat business, they also have this sense of shame. With this sense of shame, it is difficult to form a mainstream form. So when we look at this matter in a different identity, is it possible for community e-commerce and social e-commerce to make more people, well-educated, educated and rational, feel that actually opening a store online is essentially the same as or even better than opening a store offline? Because my early ROI is higher and the input-output ratio is higher, I can also serve the three or five hundred people around me well. Just like the offline store serves a few kilometers around. It is how to make the concept of community e-commerce become a legitimate and proud profession.

 

Secondly, how to make consumers feel that it is a steady consumption behavior for me to buy things in a community. That is, I can buy very good things here, even better things than offline, and I can get a good service experience. This is not an act that I have a single purchase, but a mainstream act, which can satisfy my certain life scene. That is to say, there may be a Starbucks downstairs and a 711, and then there are three stores in my mobile phone at the same time, and then I basically satisfy my consumption with five stores, and maybe finally I will add a traditional e-commerce. A community must be able to fill you with one or two core and stable consumption scenarios.

 

These two things actually need a lot of people to educate, cultivate and try and make mistakes together. In fact, there is a very interesting example, that is, in a third-tier city in China, there has been fierce competition in this market since the era of Wechat business for many years, and then at the most extreme, there may be 10 to 15 groups in a community selling all kinds of different things, and then everyone would have thought that these people might have a hard time living in this form, but when we look at this market today, we find that several larger community enterprises have actually been born at the same time. This shows that everyone has made this matter bigger together, and the result of making it bigger is to squeeze the space between offline stores and traditional e-commerce; In fact, everyone in the community is doing very well.

Therefore, if everyone wants to be good, it is actually the victory of such an ecology or this industry as a whole. Because this industry is going to develop, it will definitely encounter two mountains, one is the traditional shopping mall mountain, and the other is the offline mountain. Of course, you don’t have to cross these two mountains, but you can mate with them to produce new species, which I think is our potential development direction.

Q&A

Q1: Traditional shopping malls or offline stores still have some professional sales teams to do sales, but the community is more from the user’s own point of view to gain information recognition and then make changes. I think there will be a problem here, that is, there are actually a lot of professional contents in selling products, but most part-time workers can’t get a lot of strategic support, which leads many people to think that Wechat business is "low" before. That’s because you have made more interpretations of the products in an unprofessional situation, and this interpretation itself may not be particularly in line with the product characteristics. Then I want to know, there are tens of thousands of examiners with good things, how to ensure their service quality?

 

Chen Ying:This is a very good question, and it is also very detailed, because there are actually different schools in the field of social e-commerce, or everyone has different ways of playing. I think it can be simply summarized as two extremes. In fact, many people make some choices between the two extremes.

 

One extreme is that I am an online distributor, and I only want a professional B-side (Small seller), and it doesn’t need too much. For example, it is enough for me to hand over all my products to 500 excellent B-ends-in fact, it is also true. For example, a selection division that we are doing well now may be able to do hundreds of thousands a month, and you have hundreds, which is very powerful. Then, if you follow this model, it may be more to overcome growth anxiety when you grow. In fact, you think that we can open stores offline or do distribution offline, not that the more distribution channels, the better, but that you should constantly integrate and constantly choose the best. For example, if I open this store, I will set certain requirements for it. If I fail to do so, I will shut you down in a year, and then gradually, maybe I originally had 1,000 agents, and now I may only have 300, but 300 will have to do several times as many as 1,000. Like Baidu’s early years as an agent, this is also the way to play.

In addition, I know that there is a company that also does this kind of online community and community affairs. He has 300 to 400 "shopkeepers" and can make 30 million sales a month. On average, each shopkeeper can do 80,000 to 100,000 yuan, but his requirement is that if you can’t do 30,000 yuan a month, I will directly "eliminate" you and replace you with someone else. So the essence of this genre is actually "opening a shop online". To put it simply, you may think that 400 or 500 agents are nothing, but if you think of me as a retail enterprise, you have opened 400 to 500 offline convenience stores in Beijing, which is already counted, and you may be more than convenience stores. What this school has to do is actually to do subtraction, to restrain growth, and to really choose the best among the best. In fact, many good experiences of joining, attracting investment and acting under the line can be directly learned, but in the community model, the thresholds of both parties have been lowered.

 

There is another genre, which is also more popular and more powerful now. That is to say, he doesn’t really want to get a b (Small seller), I want to get C directly (user), so we may allow 3 million shopkeepers, and most of the 3 million shopkeepers may buy things by themselves. If you take C directly, in fact, you can’t ask most people to be very professional. This C is different from the traditional C. This C has a certain sharing function, and its sharing function has fission potential. This sharing will indeed bring some benefits to these Cs, so they are more professional than ordinary users. The advantage of this C is that I am willing to spend more time on your side because I have a certain binding relationship with you-for example, sharing with you to earn a little money.

So for this shopkeeper, you should first treat him as a user.This is the first point, so you just said that the problem does not exist, because he is the user and you should not ask for higher requirements; Second, if you ask him to help you do a lot of sharing, you should give him a full set of services, and you should lower the threshold for him to share, so that he can feel that it is not difficult to do this, and he has no psychological worries.What are you going to help him with? You should make him feel that every sharing I do through this platform actually helps me to add points in my social network, with many tiny points.

 

I think everyone can make a choice between these two schools, and most of them will become an intermediate state when you do it. You have B and C. Why? Because the online threshold is still low, you can’t open a store offline for 200,000 yuan. Can you open it? So the online threshold is still low, so naturally many people come in after the threshold is low. He thinks he is a B, but he finds himself a C after doing it himself. So you always have to solve the problem of both B and C, so I don’t think it is necessary to avoid this problem, so we will solve it according to the idea just mentioned. Then through the digital model, let B and C, big B, medium B, small B, big C and small C enjoy themselves in your model, and just take what they need.

 

Q2: Two practical questions. The first one is how a mechanism of expanding our tens of thousands of groups developed from a few groups at the stage of good things from 0 to 1. The second question is that our category is mainly fresh, so in the overall strategic planning with good things, what categories should we do in the future besides fresh?

 

Chen Ying:Let’s talk about the second question first. The second question is actually relatively simple, that is, we are going to make a membership scene around serving the family, so we will do all the categories related to family consumption step by step, because our building ability also needs to be built, and then this category includes food and services, so it must be like this. Just now, I said that you should completely serve this group of people around a scene, so that they can leave more consumption to you.

 

As for how we did it, it was actually very difficult in the early days. In the early days, we went to offline BD. In the early days, we found people to chat with us in one community. Would you like to do it after the chat? Try it. Therefore, after nearly a year’s work, our overall model has only a few hundred selectors, but where is the charm of this model? Once you make these hundreds of people have a good income, they will start to spread in their own circles. Therefore, the core point is to make the whole chain of your performance as differentiated as possible in the industry, including your products and supply chain, and then let a small number of people earn money. After earning money, you will add a little bonus, and naturally he will give you publicity.

But let’s not look at the quantitative indicators. We have tens of thousands of selectors, and most of them are C-side. It’s just that some platforms may be 1: 99, only 1% of people sell goods, and 99% of people actually buy things, like we may be 3: 7, 2: 8, but you can’t expect a lot of people to bring you too much sales, and he may have some spending. So this is a problem that this model must solve. The core point is to let your users or your consumers experience some differentiated products. This is very, very critical.

 

Q3: If you compare with those peers, there is a chance to overtake in corners. Where is this opportunity?

Chen Ying:In fact, I think the more valuable question is, from a longer-term perspective, what is our relationship with the traditional B2C mall after three to three or five years, what is our relationship with offline stores, and how can we solve such problems. Otherwise, in the retail industry, it is not too big to make 10 billion yuan. If you make 100 billion yuan, you may drop to 50 billion yuan, so I think this issue may be more critical. Therefore, when we discuss our own strategy or planning internally, we don’t really look at the so-called overtaking in corners, because the ups and downs are too fast and the evolution is fast.

 

Q4: For these service-oriented and non-standard products, how can we ensure that they are split in a community way? Another question is how to make the service available. For example, it is difficult for you to ensure that Aunt Zhang is doing well in this family. She is doing well in every family, and it is also difficult for you to ensure that I can find more than N people like Aunt Zhang in a certain place or a certain city or a certain community at the same time. I think the service is actually more difficult, one is community, one is delivery, and the other is planning.

 

Chen Ying:I think the core of your question is whether the service is a good service. For example, if we say "Auntie", this product has low standardization, difficult training and low stability of Auntie, which is not a good product in itself, then even if the community model is not used for this product, it is very difficult for me to use the traditional model, but many users have not responded in the traditional model. For example, I used you for the first time, and after two weeks, I felt that it was not good, so I changed it myself or stopped using it.

So I think those products that are not good in themselves are not suitable for the community model. To be a community still needs to be a good product with positive word-of-mouth effect. For example, if you don’t go to various places to find aunts and then make a platform-based docking, but do a boutique butler service, I think it is more likely to succeed through the community model. Then I don’t have to serve everyone, but I serve a group of customers with a particularly high net worth. The price is higher, but I make a small number of people particularly satisfied. Then he has his own circle, and he will expand the people around him. I think it is a very good model. So I still go back to that point. First, you must think clearly whether your product is a good product or not. Second, you must find the right person around this product, circle the crowd and divide it. So the community model just said that you don’t have to worry about whether someone will eat you. It is a decentralized model, and its core is to find the most suitable vertical crowd, which can be served better.

In fact, for the community model, the most suitable category is not fresh, but complex non-standard products. The more complex and non-standard, the better. You are complex and non-standard. Although your price is set high, everyone is very satisfied with the service. I think it is a good model. And not every company necessarily says that I want to be a particularly large listed company. On the contrary, I can make a very profitable model. Let me give you an example. For example, you do overseas projects, and then you only go to such excellent schools as Harvard, Cambridge and Oxford, and then you make this product a brand, and you must be recommended by people who have already been there before you can sign up. You really spend most of your energy on making this product and its quality and reputation. I think you can make great achievements. Therefore, I think we must open our minds. I’m not saying that all the fresh food we are doing now can be socialized. I’m just saying that if you do better and do differently, you can actually do socialized transformation.

 

Q5: We are a local owners’ community in Qingdao. There are nearly 1,000 owners’ groups in about seven or eight cities across the country, which is very sticky. We have tried various kinds of businesses, but the results are not particularly good, so it is difficult to scale up.

Chen Ying:Many times, people will generalize the concept of community. For example, I have a bunch of shareholders in my hand, and many people communicate in it. The content is the main one, and no transactions have been made. Then you wonder if we can make it transactional and e-commerce, including the owner group. Everyone may be embarrassed. The reality is (trade) It will be more difficult. At least I seldom come across successful cases at present. What is the reason?

E-commerce has three elements: people, goods and markets. The essence of the field is a clear place, and it is better to be closed. Its starting point and purpose are clear-that is to say, for some people, my purpose fits, but not for others, so those who fit will come in and those who don’t. So we will find that offline places, whether retail or other places, are generally exclusive to meet one or two specific demands. So you won’t see anyone selling masks at Starbucks. The same is true for social retailing. The best community is a community with a clear purpose and built around a very clear scene. For example, if your group wants to sell things, you’d better tell others at the beginning that I sell things in this group. It may be a little difficult at the early stage, but once it is naturally screened out, everyone will not have to talk nonsense.

So let’s take a closer look. What is the difference between a group that focuses on content and an e-commerce group that sells goods? Let’s give an example. First, in the group of e-commerce, the group owner is generally the person who sells the goods, and there is no dispute. And this group owner can make the rules of my shop, including that others in this group can’t sell things, or they must get my consent. Second, the main content sharing of this group is that I provide services and you buy them. This group is not chatty, so you will find that no one speaks in a truly efficient group, which is very interesting. You may think that this is a dead group, and no one is talking in it, but it is not. You think, if you go back to a Starbucks scene, there may be a long queue to buy Starbucks there, but there are few people who will chat with Starbucks owners. Starbucks has forged a tacit understanding among all people, consumers, shopkeepers and waiters through such a long time-this is what this scene is for. It is normal for me to wait for two minutes to buy a cup of coffee in this scene, but it is wrong for me to sell masks to all the people waiting in line in this scene.

By the same token, in a group with chat as its tacit understanding, there are several problems for you to do e-commerce transformation. First, if you sell things inside, people say what you are doing, you want to make money from me, or he will question your motivation to start building this group; Second, you sold things there well. You picked two pictures, which were disrupted by others’ speeches. The formation was chaotic. Originally, I wanted to send four pictures, and finally I added a summary and put a link to sell things, but in the end, the efficiency of information display was very low. Therefore, if you have some such resources, you must think clearly about whether to make a transaction transformation in the existing group or take out your existing relationship chain to build a new group. I’m not saying that what you have is worthless, and the relationship chain is still very important, but take out your relationship chain and say again that we are going to do this now. Are you willing to participate? If you are willing to participate, you can come in. It doesn’t matter if you don’t want to participate, you can continue with that group.

 

This point is very important, because many people feel that they have many groups in their hands, but what kind of group is your group and what kind of scene it originally satisfied needs to be considered.

 

Q6: We have been thinking about a problem. Now we have many groups. Although we will not quit the group, most of them have turned on silent mode and blocked mode. So is there anything outside the community, like the circle of friends economy, or a new model?

 

Chen Ying:I think the core issue is to return to humanity, that is, we should not do things that make users unhappy or unhappy. Back to the point just now, for the trading scene, you don’t really need him to pay attention to this group all the time. Paying attention to a group selling things is like taking a user to the supermarket and saying that you have to look at every item on the shelf clearly before you can buy it. This is definitely wrong. So I think for a trading group, he didn’t quit the group, which means he thinks the group is useful to him. He may not come all the time, but as long as he is inside, he comes to clear the red dots twice a day. Your reach rate is much higher than other online scenes. So I think the first thing you should do is to feel at ease. This is human nature. It is impossible for him to see all your contents here. This is OK. Of course, if you can make the content you spread in the group more suitable and readable in some ways, so that there are not too many things and the relevance of his information is higher, I think this should be what the group owner should do.

 

On the contrary, everyone may have experienced that the life span of the group as a whole is very short. Have you noticed that many groups have a short life span? For example, if you pull up a group and talk about something, it may be a few days after the chat. But in fact, this is the advantage of the trading community. Where is the advantage? It means that all groups must meet the purpose of a specific scene if they want to survive for a long time. The problem with most content groups is that after two months of chatting, there is nothing to talk about, so this group will die. So you will find that there are two types of groups that really survive for a long time in our group. One is a group with a stable relationship. For example, everyone is the owner of this community. For example, everyone is a family member. For example, this is my high school class. I will keep this group. Although I don’t necessarily stare at the content every day, I want this relationship to exist.

Another type of group is tools and functions, which can satisfy a function that I will keep coming back to find. For example, I hope to buy a good thing I use, which may be the reason for staying in the group. In addition to these two groups, I think everyone should recognize a very clear reality, that is, its life is very short. For example, some people now use the community for education. For example, I teach English to children through the community. I think a reasonable understanding of this group is that when this English course is over, this group should be dissolved because you have no extra functions. Many people, how should I run this group and make it energetic again? Before you start the operation, before you post those contents every day, the first question you think is, do I have any content that will keep this group valuable? If the people in the group don’t know each other and there is no interest dispute, then why should this group be maintained? So you have to establish commonness, which is a core point. You have to identify the resources of the group in your hand, whether it provides a function or a relationship. If it is neither a function nor a relationship, the life of the group is short.

 

Q7: There are many brands that people don’t know, but their products are very powerful. How to educate customers? Is it continuous product education?

Chen Ying:When you say product strength, this word is very good. But whether the product is strong or not is directly related to the people in your service circle, that is, your product strength and your goods may be particularly attractive to a family with a lot of money and a good life, but they may not be attractive to a newly graduated college student at all. So I think it’s better to find people who really think your goods are good around your goods. This is not only good for the product itself, including its price, performance form and overall experience, but also because he thinks this kind of good is better than others. You can’t be as good as others. Only after you find these people, I think it’s the first step.

That is, you really find the circle that likes your product, and then you think about how to make the product on this basis. We often say that the hammer and nail should match first, so I think your problem now may be to find a group of people first, even if you run this group yourself at first, and then you should really run these people well. You should have a very clear understanding of these people, what kind of people they are, where they are and how.

Why did the number of hits exceed 100,000+on a live trial of a "people’s accusation" case?

  On September 27, the Intermediate People’s Court of Yanbian Prefecture, Jilin Province, the sky outside the court was clear and the national emblem was hung high in the court. The Supreme People’s Court’s Second Circuit Court held a public hearing on a case of "people suing officials" here. Unexpectedly, the case was heard live on media networks such as China Court Open Network, which quickly attracted the attention and praise of netizens, and the number of hits exceeded 100,000 at 6 o’clock that night. At the trial site, the grand court, which can accommodate 330 people, was packed, and the audience held their breath and listened to the public trial for nearly two hours. Some NPC deputies in Yanbian Prefecture, members of Chinese People’s Political Consultative Conference, special supervisors of the Supreme People’s Court, administrative trial judges of the third-level courts in Jilin Province, representatives of relevant functional departments of the two levels of governments in Yanbian Prefecture, and teachers and students of Yanbian University attended the trial. Justice He Xiaorong, a full-time member of the Judicial Committee of the Supreme People’s Court and the president of the Second Circuit Court, personally served as the presiding judge, and formed a five-member collegiate bench to conduct a public hearing of the case.

  What is the case that attracts so many people’s attention?

  This case involves whether the government should fulfill its compensation obligations in accordance with the administrative agreement. Jin and Cui signed a house expropriation compensation agreement with Wangqing county government, and the agreement stipulated that Jin and Cui would move back to two sets of buildings. On the same day, Yupeng Real Estate Development Company, the third person in charge of demolition and development, also signed a compensation agreement with Jin and Cui. Later, due to a dispute over the performance of the two agreements, Jin and Cui sued the court for the performance of the above agreements. After the first trial and the second trial, the plaintiff refused to accept the case and applied for a retrial according to law. After examination, the Supreme People’s Court decided to retry the case.

  In recent years, the administrative cases of urban housing expropriation and compensation involving the vital interests of ordinary people have increased year by year. How to standardize the government’s expropriation and compensation work, how to protect the legitimate rights and interests of the expropriated people, and how to substantially resolve administrative disputes are the focus of such cases and often become the focus of social attention.

  Why did the Supreme People’s Court retry this administrative case?

  According to Liang Fengyun, the presiding judge in charge of the case, with the promotion of the revitalization strategy of the old industrial base in Northeast China and the implementation of a series of policies such as urban and rural transformation and shantytown transformation, a large number of administrative disputes have been caused by the expropriation of demolition compensation. The the Supreme People’s Court Second Circuit Court will perform its statutory duties according to law, protect the legitimate rights and interests of administrative counterparts, promote the substantive resolution of administrative disputes, support and supervise administrative organs to administer according to law, create a stable, fair, transparent and predictable business environment ruled by law, and provide strong judicial guarantee for the comprehensive and all-round revitalization of Northeast China.

  Why did the Supreme People’s Court go to the court where the case was filed?

  On the one hand, the purpose of setting up the circuit court in the Supreme People’s Court is to lower the trial focus, solve disputes on the spot, and facilitate litigants’ litigation; on the other hand, the circuit court can better understand the characteristics and laws of local cases, narrow the distance between the Supreme People’s Court and the people, better embody justice for the people, and better create a good legal environment for the revitalization of Northeast China.

  In order to give full play to the function of administrative trial, protect the legitimate rights and interests of administrative counterparts in accordance with the law, and promote the substantive resolution of administrative disputes, according to the provisions of the Administrative Procedure Law and relevant judicial interpretations, Justice He Xiaorong personally served as the presiding judge of this case, and together with the presiding judges of the Second Circuit Court of the Supreme People’s Court, such as Liang Fengyun, Wang Fubo, Song Chunyu and zhangyan, formed a five-member collegiate bench to go to the Yanbian Intermediate People’s Court of Jilin Province where the case was filed for public hearing. This is the first time that the Supreme People’s Court has formed a strong lineup of five collegiate panels to go to the grass-roots circuit court to openly hear cases.

  During the trial, Justice He Xiaorong presided over the whole process. In accordance with the law, the litigation rights of all parties were fully guaranteed, and questions were asked one by one around the focus of the case. Other members of the collegial panel also asked questions about the facts of the case and the application of the law. Because the case involves major property rights and interests, there is serious opposition between the parties. In the trial of some specific issues, because one of the parties, the Korean people, was not fluent in Chinese and was excited to speak, the two sides once had heated words. The collegiate bench promptly and steadily controlled and eased the opposition between the parties, and explained the reasons clearly. The whole trial process was civilized, standardized, fair and efficient. The "last question" established and adhered to by the Second Circuit Court greatly eased the emotions of the parties, and finally the three parties agreed to mediate under the auspices of the court.

  The respondent of this case, the head of the People’s Government of Wangqing County, said with emotion during the trial: "Through today’s trial, I deeply realized that there are still many problems in the construction of our government ruled by law. The administrative litigation system is not only a law to protect the legitimate rights and interests of administrative counterparts, but also a basic system to supervise administrative organs to administer according to law and promote a government ruled by law, a sunny government and a responsible government. "

  This case will be mediated in accordance with the law.

  After the trial, the Second Circuit Court of the Supreme People’s Court held a forum on the topic of "Giving full play to the function of administrative trial and providing strong judicial guarantee for the comprehensive revitalization of Northeast China". Infected by auditing the trial site, the discussion atmosphere at the forum was very warm. NPC deputies Gu Fengjie, Jin Xiong, Xian Shunnv and Chinese People’s Political Consultative Conference member Lv Zijun talked about their experience in observing the trial, and put forward opinions and suggestions around thoroughly implementing the overall requirements of the central authorities for the comprehensive revitalization of Northeast China in the new era. Representatives from relevant functional departments of the local government, law schools and the third-level courts in Jilin Province made speeches on topics such as supporting and supervising administrative organs to administer according to law, creating and optimizing a fair and honest business environment ruled by law, and substantially resolving administrative disputes.

  Gu Fengjie, deputy to the National People’s Congress, secretary of the Party branch of Sanhe Village, Dashitou Town, Dunhua City, Jilin Province, director of the village committee and special supervisor of the Supreme People’s Court:By observing today’s trial, I personally felt that the Supreme People’s Court was responsible for the facts, the law and the people, and also felt the Supreme People’s Court’s unremitting struggle to make the people feel fair and just in every judicial case.

  Jin Xiong, deputy to the National People’s Congress, deputy secretary of the Party Committee and president of Jilin Yanbian University:The participation in the the Supreme People’s Court circuit trial site has made us feel the efforts of the people’s courts to safeguard the legitimate rights and interests of the broad masses of the people to the maximum extent, further demonstrating the correctness of the central government’s major decision-making and deployment on optimizing the business environment and building a government ruled by law for the comprehensive revitalization of Northeast China; I really feel the importance and urgency of strengthening not only the rule of law education but also moral education in our country.

  Xian Shunnv, deputy head of the National People’s Congress and Jilin Yanbian Song and Dance Troupe:As a deputy to the National People’s Congress, I participated in such an activity for the first time. Plaintiffs in administrative cases are generally ordinary people, who lack legal awareness. In order to promote major projects, the government will inevitably have certain problems in various decisions, especially in procedures. I feel that in a society ruled by law, these problems cannot be simply covered up by "problems existing in development".

  Member Chinese People’s Political Consultative Conference, member of the Party Group of Jilin Tobacco Monopoly Bureau, general manager of Jilin Tobacco Company and special supervisor of the Supreme People’s Court Lv Zijun:The circuit trial in the Supreme People’s Court is an important measure of the central judicial reform in recent years, which is of great significance to unifying the national judicial standards. Today’s trial case has great influence and strong representativeness. Regardless of the outcome of this case, the local government must reflect.

  Bao Liwei, Director of the Administrative Reconsideration Division of Yanbian Judicial Bureau:This case is an administrative expropriation problem, which is very common in Quanzhou. The construction of a government ruled by law has a long way to go, and we urgently need the people’s court to give professional guidance and support to the standardization and legalization of administrative power operation.

  Cai Yonghao, Deputy Dean of Yanbian University Law School:The more active the administrative trial, the more conducive to the construction of a government ruled by law, and the more conducive to the overall revitalization of Northeast China. However, at present, the entrance of administrative litigation has not been completely smooth, such as the government’s information disclosure is not wide enough, the status of the two sides is quite different, and the people’s legal awareness is generally lacking. It is hoped that the public interest lawyer system will be introduced in the field of administrative litigation.

  Guoyan, President of the Administrative Tribunal of Jilin Higher People’s Court:According to the requirements of building a government ruled by law, we still have a lot of work to do, such as the low feedback rate of judicial suggestions and the low response rate of the heads of administrative organs in court. It is hoped that the Second Circuit Court can launch more influential administrative cases in the three northeastern provinces and issue a white paper on administrative trials to boost the construction of a government ruled by law.

  Justice He Xiaorong:I am grateful to the NPC deputies, CPPCC members and people from all walks of life for their support to the work of the people’s courts. General Secretary of the Supreme Leader pointed out: "The rule of law is the best business environment". The comprehensive revitalization of Northeast China in the new era starts with the improvement of the business environment, and the improvement of the business environment starts with the construction of a government ruled by law and an honest government. The people’s court should accurately grasp the judicial law, correctly understand the relationship between the rapid economic and social development and the increase in the number of administrative cases, take the initiative to plan and actively respond; It is necessary to adhere to the people-centered development idea, in accordance with the requirements of putting the non-litigation dispute resolution mechanism ahead, effectively improve the ability and level of substantive resolution of administrative disputes, and actively respond to the substantive demands of the parties; It is necessary to vigorously strengthen the benign interaction between judicial organs and administrative organs, manage the sources of complaints in areas where administrative disputes are frequent, strive to resolve contradictions in the initial stage, earnestly safeguard social harmony and stability, and provide strong judicial guarantee for the comprehensive revitalization of Northeast China in the new era.

The 13th Taiwan Province Gay Parade was held in Taipei with 2000 participants from mainland China.

On October 31st, the 13th Taiwan Province Gay Parade, the largest gay parade in Asia, was held in Taipei. According to the organizer, the event attracted nearly 80,000 people from all over the world, and nearly 2,000 homosexuals from the mainland. The theme of this year’s parade is "There is No Age Limit-liberating the dark cabinet, youth and independence, no age limit". Many young people in Taiwan Province took to the streets, calling on people to be created equal and to speak out for same-sex love.

At present, Taiwan Province’s "general election" is in full swing, and the views of the "presidential" candidates on gay marriage, multi-family and other issues are particularly attracting attention.

According to Taiwan media reports, James Soong, the People First Party presidential candidate, publicly expressed his support for homosexuality. He stressed that there is no consensus on the issue of pluralistic family formation in Taiwan Province today, and only by encouraging rational and peaceful communication can Taiwan Province truly become an inclusive and pluralistic society.

On the eve of the March, Tsai Ing-wen, the presidential candidate of Democratic Progressive Party, expressed her support through the film for two consecutive days, saying, "I support equal rights in marriage, so that everyone can freely love and pursue happiness." She also directly painted a symbolic rainbow pattern on the outer wall of her campaign headquarters, strongly expressing her support for the "gay" position.

Tsai Ing-Wen supports marriage equality.

Zhu Lilun, the KMT presidential candidate, thinks that we should face the issue of homosexuality with a rational and open attitude, and "start with respect and finally accept it".

It is understood that the organizers of this parade claimed that 80,000 people poured into Kaidao in front of the "Presidential Office". Political figures, including Democratic Progressive Party’s "legislator" You Meimei, showed their support, while many "legislators" candidates of the "Green Party Social Democratic Alliance" slogan "Vote for a gay family" to canvass for themselves.

Taipei gay parade scene

Sun Yujie, a youth helping the poor: Let the clearest footprints be printed on the muddy road.

CCTV News:In 57 minutes and 55 seconds, Sun Yujie challenged 1349 questions, and won the first place in the final of the first individual competition of "Learning Power and Learning Talent" in Yunnan Province. "There is no secret to learning this matter, but persistence and care. As a grassroots party worker, it is necessary to develop the habit of persisting in learning, but in fact, it is also a happy thing to persist in learning. "

However, in his view, what is even happier than winning the championship is that two or three graduate students who had brought them before recently told him that they also went to the village!

The largest consumable — — shoe

A village 2800 kilometers away from Tongji University is where Sun Yujie is currently working in the village — — Yong ‘an Village, Nuodeng Town, Dali Prefecture, Yunnan Province, is one of the 24 deep poverty-stricken villages in Yunlong County, which has also been helped by Tongji University for 8 years.

In 2009, Sun Yujie was admitted to the School of Civil Engineering of Tongji University and graduated from the university. He was successfully promoted to graduate school and served as the secretary of the student party branch of the Department of Hydraulic Engineering.

Since 2018, Yunlong County has adjusted Tongji University’s counterpart assistance point to Yong ‘an Village, a deep poverty-stricken village. Sun Yujie didn’t hesitate to make the decision of "being a relay youth on the road to poverty alleviation". He promised the school before going home and telling his parents.

On July 19, 2019, Sun Yujie, counselor of Tongji University School of Civil Engineering and first secretary in Yong ‘an Village, reported to Yong ‘an Village. Although it is only 12 kilometers away from the county seat, and it is also a national highway, Yongan Village still has not found its own development model. The rugged dirt road that is difficult to walk up the mountain, the walnut trees and fruit trees that can be seen everywhere by the roadside, and the smell of horse manure and pigsty when entering the house all make Sun Yujie, who grew up in Shanghai, feel strange and fresh.

"The work of the first secretary in the village covers a wide range, from deepening the leadership of party building to promoting precise poverty alleviation." When Sun Yujie first lived in the village, the village had not yet got rid of poverty. Under the framework of Tongji University’s fixed-point assistance to Yunlong County, he followed the village cadres to enter the village, sorted out and improved the "paperless" of village files, and became familiar with the village situation as soon as possible.

"At that time, there were still 46 households with 178 people in poverty-stricken households, and they did not get rid of poverty. By the end of last year, they had dropped to 10 households with 41 people. The happiest thing is that by the end of May this year, the remaining cardholders have been cleared! "

What Sun Yujie never expected was that the biggest consumable after his arrival in the village turned out to be shoes. In the first two months, he traveled all over the village to set up 129 card-setting households. The mountain road is rugged, easy to bump, and the shoes wear out quickly. When it comes to the rainy season, it is full of mud. An optimistic Sun Yujie pops up a sentence in his mind: The clearest footprints are always printed on the muddy road.

"I bought more durable hiking shoes, but I still wore out 4 pairs." In Sun Yujie’s eyes, these "killed" shoes are just the best testimony of the mud that he has walked all the way.

The resident diary strings up every small change.

In Yong ‘an Village, Sun Yujie insisted on keeping a daily diary in the village, and recorded videos to record the daily life in the village, including epidemic prevention and disinfection in the village, checking the progress of the project and visiting villagers.

In March, 2020, he gave a lecture in the online group class of Tongji War "Epidemic" series, and showed the daily work in the village and the changes in the appearance of Yong ‘an Village through video, so that Tongji youths could better feel the spirit of helping each other in preventing the epidemic and ensuring poverty alleviation, and write their patriotic love letters in practice. He said, as a young teacher and post-90s party member, it is a special happiness and mission in itself to have the opportunity to serve the people where the Party and the country need it most, and it is worthwhile to suffer and be tired again!

It is what Sun Yujie has been doing to drive the people around him to progress and feel together with his own behavior.

Sun Yujie said frankly that the problem of insufficient study time and degree in rural party member is relatively prominent. The proportion of elderly party member is very high, and he is not good at using smart phones, so it is difficult to use e-learning materials. As a result, Murakami gradually adopted the form of "centralized learning+autonomous learning", and at the same time, it also established a group of party branches in the village to carry out online exchanges, so that party member could turn learning into a habit.

Visit households in rain or shine, investigate, and complete the task of removing residents from poverty; The dirt road is impassable, and the mission will be achieved by personally digging the soil and pushing the cart on the road; After the earthquake, regardless of the danger, I went to the village to visit the disaster situation at the first time … … In fact, in the work of getting rid of poverty, Sun Yujie saw that all the party member cadres in Murakami had a passionate heart, and they also learned persistence and responsibility from them.

"If you don’t insist, you won’t go door-to-door on rainy days, coordinate the difficulties of the villagers, dispel many concerns, and get through the last hardened road leading to the village group; If you don’t take responsibility, you will choose to shelve if you encounter a little difficult road and difficult things. In the face of the fact that your immediate efforts are far from being rewarded, you will choose to complain, and you will not see their smiles after solving the difficulties of the villagers. " Sun Yujie realized that it was pride from the heart and happiness to find his own value. (Proofreading: Li Yingzhuo)

South Korea wants to set up a bronze statue frying pan for the Japanese military commander who invaded the DPRK: traitor!

  Overseas Network December 23 rd Recently, in order to promote tourism, Ulsan Central District of South Korea intends to turn the "Yucheng" Heritage Park built by the Japanese invaders more than 400 years ago into a new attraction. The municipal government decided to erect a bronze statue of Katou Kiyomasa, a famous Japanese soldier, at the entrance of the Ruins Park, which caused an outcry at home and in politics, and accused the municipal government of selling the country in order to make money, and even set up a statue for the invaders who slaughtered tens of thousands of Koreans and sprinkled salt on the wounds of the Korean nation. At present, the local government has decided to withdraw the plan to erect a bronze statue for Katou Kiyomasa.

  Japan invaded Korea in 1592 and 1597, and Ulsan was built by Katou Kiyomasa. The city site has now been renamed he cheng Park. Earlier, the municipal government spent 1 billion won (about 600,000 RMB) to build a large-scale project in the park, recreating the face of Ding You’s rebellion in 1597, and plans to erect bronze statues of Ming Dynasty general Yang Hao, Chao Jun Marshal Quan Li and Katou Kiyomasa at the entrance of the park.

  According to South Korea’s New Zealand News Agency, the bronze statues of Yang Hao and Quan Li will be riding horses to command the siege, with a height of 2.7 meters; Katou Kiyomasa, on the other hand, is isolated in the city and distressed by lack of food and water, with a height of 1.2 meters. The local municipal government plans to complete the erection of three bronze statues by the end of this month.

  However, the municipal government’s measures have been criticized by local society and political circles. Member Qian Bingtai of the Central District Council said on the 21st that he strongly urged the government to withdraw this plan. He said, "A bronze statue will be set up for Japan. Ulsan’s practice is unique in the country and will become the laughing stock of the whole country."

  Ulsan City Party, the People’s Party, commented on the 21st: "Never set up a bronze statue for the Japanese generals at the historical site." Criticizing the government’s move will not only be unacceptable to the public, but also help future generations to establish a correct view of history. Some netizens in South Korea were dissatisfied with the project, saying that it was foolish to build a bronze statue of a Japanese general who killed his compatriots, and pointed out that it was more important to protect the self-esteem of the nation than to make money.

  The municipal government responded that the bronze statue of Katou Kiyomasa was not set up for idolization, but to better show the battle scenes. After the completion of the project, the park will become a learning place, and employees will be arranged to explain the local history and significance to visitors, so as to awaken people’s patriotism by conveying the tragic situation of the war. However, netizens generally do not accept the municipal government’s explanation. According to reports from Yonhap News Agency, the local government decided to withdraw its plan to erect a bronze statue of Katou Kiyomasa on the 21st.

  It is reported that Katou Kiyomasa was a courtier of Toyotomi Hideyoshi since he was a child, and he was famous for his bravery and good at building cities. After Toyotomi Hideyoshi became the actual ruler of Japan, Kato became a famous man, famous for the large-scale construction of kumamoto castle, and loved by the people in the fief. His positive image of loyalty and courage was widely welcomed in Japan. However, he was accused of killing tens of thousands of Koreans, burning and looting the Korean people, and his methods were cruel, and his reputation was extremely poor in North Korea. (Compile/Overseas Network Liu Qiang)

Shi Qing, Jason Lu: A Judicial Case Study of Typical Labor Disputes in China Sharing Economic Platform

Original Jason Lu Shiqing Shanghai Law Society

Jason Lu, Vice President of Labor Law Research Association of Shanghai Law Society, Director and Chief Partner of Shanghai Jiangsanjiao Law Firm.

Shi Qing, lawyer of Shanghai Jiangsanjiao Law Firm.

synopsis

A major feature of the sharing economy is to mobilize and match service providers through the big data mining of platform enterprises’ demand for consumers. As a result, the working time and space conditions in the sense of past labor relations have been diluted, and it is difficult for a large number of service providers to seek treatment and relief under them. Taking representative cases as samples, this paper makes a subtle analysis of the power structure of employers and employees in platform enterprises in different industries, and finds that although the contractual relationship between the two parties is different from the legal relationship model of labor relations in the past, the management of platform enterprises is actually strengthened. This reinforcement is embodied in ten aspects, such as deposit/deposit, training and attendance, remuneration payment, service provision, assessment and punishment, rewards and subsidies, collection and use of personal information, ownership of intellectual property rights, exclusion of competition and risk outsourcing. All kinds of social subjects in the risk control end, the labor-capital game end and the system design end are in their proper positions, which is a possible way to solve the systemic risk.

Keywords: sharing economy, digital labor, labor disputes, labor relations

I. Background

(A) the sharing economy in recent years: the momentum is rapid, and labor disputes have emerged.

Since 2012, with the emergence of "Didi taxi", the sharing economy has gradually entered the stage of Chinese economic history. Since then, in addition to e-commerce, mobile payment, audio sharing, online rental and bike-sharing have followed. In 2015, it was called "the first year of sharing economy". The sharing economy began to cover all aspects of social life, and services such as driving, housekeeping, beauty, hairdressing, cooking, and daily necessities maintenance became Internet-based.

A major feature of the sharing economy operation model is that at the application level, platform enterprises mobilize and match service providers through big data mining of "information platforms". This new employment mode has realized the digitalization and informationization of business information, work instructions, fund settlement and market evaluation, and the working time and space conditions in the past sense have been diluted.

Therefore, issues such as the protection of the rights and interests of service providers have gradually emerged, and related disputes have begun to arise. These disputes include not only individual disputes between the anchor of the live broadcast platform and domestic service personnel, but also group disputes such as online freight drivers and take-away riders.

In April 2018, Beijing Chaoyang Court analyzed 188 labor dispute cases of Internet platform enterprises tried from 2015 to the first quarter of 2018. In addition, the courts in Shanghai and Jiangsu have also published the gist of the relevant cases through the official media. China is exploring the legal issues of employment in platform enterprises.

(B) Labor relations in digital labor: from "ism" to "problems"

There is a long-standing dispute about the identification of labor relations under the platform of sharing economy (Internet platform). In 2014-2015, the practitioners, including government officials, judges and lawyers, almost overwhelmingly believed that in the context of the country’s vigorous development of the "internet plus", the external employment in the sharing economy should apply a more relaxed labor relations identification standard. Only some labor law scholars suggest that we should learn from the experience of Germany, Italy and Japan to avoid the situation of "marginal people without basic salary, unnecessary expense reimbursement, social security, high turnover rate and no economic compensation". With the expansion of the scope of the dispute, practical and theoretical research has gradually deepened. Sociologists began to use the method of field investigation to study the service providers’ professional psychology, and labor relations scholars also began to conduct quantitative research on the control of labor process by capital through internet technology. However, some network law scholars noticed the essence of the "illegal rise" of the sharing economy earlier, and continued to pay attention to the definition of property rights and the avoidance of responsibility in the integration of social resources from the two dimensions of digital labor and platform economy. These studies indicate that the understanding of the employment relationship in the sharing economic platform is gradually moving from an "ism" debate to a detailed and rational "technology" study. This paper selects several typical cases of sharing economic platform, and through the subtle analysis of the power structure of employers and employees behind the cases, reveals the logic behind the court decision, and puts forward some governance suggestions to expand the horizon to pay attention to the allocation of rights and obligations of various participants.

Second, the typical case and the representation of legal relationship

(1) Share typical cases of labor disputes on the economic platform

1. Zhang and Shanghai Lekuai Information Technology Co., Ltd. labor dispute case (chef case)

In this case, the defendant company operates an APP called "Good Chef", which can make online appointments for chefs to provide cooking services. The plaintiff, on the other hand, is an "online contract chef", who is dissatisfied with the company’s "stop paying wages" and appealed to arbitration, demanding that the two parties be confirmed as a labor relationship rather than a contractual "cooperative relationship", and that the company pay double wages, overtime pay, illegal termination of labor compensation, etc. After arbitration, first instance and second instance, the court of second instance finally confirmed the labor relationship between the two parties and supported their claim for economic compensation.

2. Liu v. Tianjin Wubadaojia Life Service Co., Ltd. (manicurist case)

In this case, the plaintiff signed a contract to settle in the beautiful APP platform operated by the defendant and signed the "58 Home Service Agreement". Later, the plaintiff unilaterally terminated the labor contract because the defendant did not pay social insurance and did not pay labor remuneration in full, and appealed to arbitration for confirmation of labor relations and payment of corresponding compensation. In this case, the plaintiff did not confirm the labor relationship because of the lack of proof submitted by the defendant to prove his management.

3. Xue Mou et al. v. Shanghai Shenzhou Huadong Car Rental Co., Ltd. and other motor vehicle traffic accident liability dispute case (car driver case)

At the same time, this case involves the network car driver, the network car platform company (Shenzhou company), the outsourcing company and the infringed party. Xue was injured by Shimou, the driver of Zhaoshi, who was a formal employee of the outsourcing company at the time of the accident and was performing the operation business distributed by the network car platform company. In addition, the accident vehicle is a non-operating vehicle registered under the name of the network car platform company. Subsequently, Xue sued Shimou, the platform company and the outsourcing company to the court. Because the court of first instance only found that Shimou had a labor relationship with the outsourcing company, it ruled that the outsourcing company was liable for compensation other than traffic compulsory insurance, while the network car platform company was not liable for the employer. Xue appealed to the network car platform company and the outsourcing company to bear joint liability. The court of second instance supported its claim.

4. He and Shanghai Panda Mutual Entertainment Culture Co., Ltd. confirmed the labor relations dispute appeal case (anchor case). The plaintiff in this case was a game anchor who settled in the defendant’s live broadcast network platform company and signed an exclusive cooperation agreement with the defendant. Because the plaintiff believed that the two parties were in a labor relationship, he filed a labor arbitration to determine the relationship, and the defendant paid double wages for the unsigned labor contract. After arbitration, first instance and second instance, the court finally failed to support its request.

5. Li and Beijing Tongcheng Bing Technology Co., Ltd. confirmed the labor relations dispute case (flash courier case)

In this case, Li, a flasher, had a traffic accident when he was engaged in the flasher business. In order to enjoy the treatment of work-related injury insurance, he sued the operator of the "flasher" platform to the court to confirm the existence of labor relations between the two parties. The key to this case is that the court broke through the business scope of the platform company and determined that it actually provided cargo transportation business, and then confirmed the labor relationship between the two parties through the judgment elements of labor relations.

(B) Representation: a legal relationship model different from previous labor relations.

It is worth noting that although the chef case and the flash courier case have confirmed the labor relationship between the two parties, they are still relatively few in all similar cases. In the current labor dispute cases of the sharing economic platform, the sharing economic platform almost invariably refuses to recognize the labor relationship with the service provider, while the court mainly examines the subject nature, management behavior, remuneration payment and business subordination according to the Notice on Establishing Labor Relations issued by the Ministry of Labor and Social Security in 2005. Accordingly, the legal relationship model of sharing economic platform presents the following four characteristics which are different from those of previous labor relations.

1. "Bring your own dry food" practitioners

"Bring your own dry food" means that service providers may complete their tasks with their own work materials and ability. Internet platforms only provide business information and settlement support, and services are provided without the cooperation of other practitioners. The combination of labor relations is that employees must be attached to the employer and complete their work with the cooperation of other workers under the organization of the employer.

2. The business nature of "lump sum"

In the past identification of labor relations, the employers or organizations of employees often mastered the internal standards and external pricing of the products they produced, and supervised the industry access and the implementation of industry standards. However, at least in the early days, the sharing economy platform often does not regulate the access of practitioners, service standards and pricing. Some platforms even allow practitioners to get paid directly from customers, and practitioners are almost "all-in" self-employed. Of course, the internal and external responsibilities caused by them are also borne by practitioners.

3. Platform enterprises whose business scope is inconsistent with the business purpose.

Practitioners obtain service information from the Internet platform, but the Internet platform does not recognize the enjoyment of labor results. Platform enterprises often claim that they are actually engaged in the development and operation of application software and the integration and push of service information, and do not directly operate physical business. Therefore, there is a big gap between the labor of practitioners and the business scope of Internet platforms.

4. Weakened subordination

The subordination here is manifested in three levels:

First, the weakening of working time and space means that practitioners may have the autonomy to decide whether to work, working hours and even working forms, and are no longer on full-time standby and working. You only need a mobile phone to work all over the world.

Second, the attribute of task management is weakened, that is, the so-called grabbing orders instead of dispatching orders. After customers input consumption information into the Internet platform or the Internet platform to collect consumption information, they share the information in the practitioners’ terminals, and the practitioners choose to provide services or compete according to standards such as time sequence and distance, and the winners of the competition complete the consumption services.

Third, the core interests are weakened from the attributes, as shown in the second point.

Third, platform enterprises: the agreement excludes identification and actually strengthens management.

(1) Deposit/security deposit

Platform enterprises often collect deposits from service providers. The role of the deposit seems obvious, that is, the use fee of the means of production: for example, in the chef case, the platform enterprise said that the deposit was "the rental fee for providing chef’s clothes and cooking utensils, and it would be returned when the items were returned". In addition, some platforms also charge a deposit for transactions. For example, in a case of a manicurist service platform, the platform enterprise agreed that a manicurist should use the platform to obtain service order information, and should pay the deposit to the platform.

However, the use of this deposit/margin is often intertwined with the functions of other platform enterprises. The production materials provided by the platform enterprises are accompanied by the platform logo, and the obligation to pay the deposit/deposit actually constitutes the propaganda obligation of the service provider and the platform packaging of the platform to the service provider. The deposit/security deposit is also used to deduct the share drawn by the platform enterprise from the service fee, and the platform enterprise can also deduct the cost of using the means of production by the service provider from the remuneration it receives. In addition, some platform enterprises will also use the deposit as a weight to retain service providers when they are restructured, such as stipulating that "resignation within six months will not be refunded, resignation within six months to one year will be refunded by half, and full refund will be made after one year".

(2) Training and attendance

Also based on the requirements of standardized services and the consideration of platform packaging, platform enterprises often conduct pre-job training. For example, in the case of manicurist, platform enterprises require to participate in standardized training for services according to the order service standards formulated by them during the trial period. According to the manicurist, the training content includes nail technology, service process, how to use the beautiful APP platform and how to serve customers, etc., and there is income during the training period.

In addition, platform enterprises are not without attendance requirements. In the chef’s case, the chef said that he had to report to the office and dispatch station of the company’s management staff at 10: 00 in the morning, and he had to report here at 18: 30 in the evening, in the form of punching in, and his salary would be deducted if he was late. In the manicurist case, the manicurist also said that the platform enterprise stipulated the manicurist’s rest time in the APP platform, and there were four days’ rest in a month. The leave had to go through the platform, and he had to call the team leader appointed by the platform enterprise, and the team leader could rest only after applying for approval.

(3) Payment of remuneration

As the core point of determining the legal relationship between the two parties, remuneration payment needs special attention. Under the background of revenue sharing, platform enterprises often master pricing, control distribution and issue fixed "bonuses" on a monthly basis, but legally exclude monthly remuneration as the qualitative nature of wages.

1. Revenue sharing model

The compensation distribution mode between platform enterprises and service providers can be divided into two types according to whether the platform enterprises draw from it. In the case that the platform enterprises do not draw, the main business purpose is to collect information from the supply and demand sides, and the profit point is mostly advertising fees; In the case of platform enterprises, the profit point has shifted. In the case of the chef, the platform enterprise provides the chef with the above two revenue sharing methods, and the chef chooses the second one, that is, he not only accepts the door-to-door cooking service appointed by customers through the platform, but also is willing to accept the door-to-door cooking service appointed and dispatched by Party A.. At this time, the customer’s service fee is allocated by both parties, and the platform pays the chef’s expenses caused by scheduling. In the manicurist case, both parties agreed that the information service fee collected by the platform was 20% of the monthly service fee collected by the platform.

2. Pricing power of services

On the surface, self-employed people should enjoy the right to price the services they provide, including the right to decide the initial price and the right to adjust the price according to the objective situation or customer requirements in the actual service process. However, in practice, platform enterprises tend to firmly control the price agreed by both parties on the platform to prevent breach of contract or fraud from damaging the interests of the platform. For example, in the case of the chef, the platform enterprise agreed that the service price of the chef should not be modified without authorization once it is released. If the service price is changed to the reserved customer without authorization in violation of the regulations, the platform enterprise has the right to immediately terminate its cooperation relationship and demand compensation for the corresponding losses.

3. Settlement object

That is, whether the fees paid by customers are paid directly to the service provider or through the platform. In the case of manicurists, the platform claims that the income of manicurists comes from the service fees paid by manicurists in cash (that is, offline) or online. However, in its agreement with manicurists, it is written that the manicurists use the information services provided by the platform. After the trial period expires, the platform enterprises should be fully entrusted to collect and manage the service payment for orders on their behalf. At the time of settlement, the platform enterprise has the right to deduct the information service fee that the service provider should pay to the platform. In the case of Chef, the platform enterprise also recognized that the money received by the service provider was the cooperation fee paid by the platform enterprise as an intermediary platform after collecting the service payment from consumers.

4. The nature, standard and settlement cycle of remuneration

Platform enterprises often do not recognize the remuneration as wages, but recognize the remuneration as a "package income" mainly based on "incentive bonus". For example, in the case of the manicurist, although the platform enterprise advocates that the service provider’s labor remuneration on the platform comes from the service fee paid by the customers who receive nail services, it also agrees that the service provider can earn no less than 10,000 yuan per month (including meal supplement, order incentive bonus and other rewards that can be obtained according to the platform incentive policy) on the premise that the service provider abides by the relevant agreements. In the case of the chef, the platform enterprise claims that the remuneration paid is the cooperation fee including the over-single reward. In the anchor case, the two parties agreed that if the anchor reaches the minimum monthly live broadcast days, monthly average daily live broadcast times and monthly live broadcast duration, it will receive RMB 7,000. However, although the platform enterprises have agreed on a series of conditions for the payment of remuneration, they are still paid on a fixed monthly basis when actually paying.

(4) Provision of services

Corresponding to remuneration payment is service provision. In the process of service provision, platform enterprises often strictly control the service provider, the time and place of service, the right to choose and refuse.

1. Personal exclusivity

First of all, consistent with the agreements on publishing, performance and technology development, the service provider must provide services by himself, showing strong personal specificity. For example, the entry agreement of a live broadcast platform stipulates that "without the written consent of the platform, it is not allowed to directly or indirectly or in any way complete the live broadcast content agreed in this agreement by itself or entrust a third party", and once it is violated, the platform has the right to immediately terminate the contract and take the unpaid webcast fee as liquidated damages. If the amount of liquidated damages is still insufficient to compensate for the loss of the platform, the service provider should also make supplementary compensation.

2. Time and place of service

For the on-site service requirements put forward by customers, platform enterprises often require service providers to arrive at the service location on time. In the case of chef, if the platform enterprise agreed that the customer would make an appointment for home cooking to the service provider through the platform, the service provider should arrive at the service place to provide cooking service for the customer within the time agreed by the customer. In the manicurist case, if the service provider fails to arrive at the service location required by the customer on time, the platform has the right to punish until the cooperation relationship is terminated.

3. The right to choose and refuse services

Does the service provider have the right to choose customers? Under the mode of grabbing orders, service providers certainly have the right to choose customers, although the result of selection is uncertain. However, in the delivery mode, customers place orders online through APP software, and platform enterprises will give priority to pushing a service provider according to the geographical location of the service provider. At this time, the service provider will lose the right to choose.

So in this case, does the service provider have the right to refuse? This has become the main concern of judges and both parties in the identification of labor relations in platform enterprises. For example, in the chef case, if the court asks this question in court, the platform enterprise can refuse the answer, but it will affect the good award. If the service provider has no time, the platform enterprise can arrange others, but it needs to consult the customer in advance whether to accept or withdraw the order; The chef advocates that you can’t refuse to take orders, and if you refuse, you will deduct your salary. There are similar opposing views in the manicurist case.

(5) Supervision, assessment and punishment

Based on the comprehensive interests of platform enterprises and service providers, they often supervise and assess service providers and give corresponding disciplinary measures. For example, in the format agreement for the live broadcast of a platform, it is stipulated that platform enterprises have the right to formulate platform operation system and management rules for anchors, manage and supervise anchors, and have the right to adjust or change corresponding rules according to operation conditions, and the anchors understand and agree with this; In addition, the platform also has the right to inspect and judge the anchor, so as to establish (cancel) the reward or punishment for the anchor. The specific inspection items and standards shall be formulated separately by the platform, without the additional consent of the anchor.

In the manicurist case, the platform enterprise not only has assessment, but also has irregular disciplinary system: during the validity of the agreement, the platform has the right to assess the service providers irregularly, and has the right to classify the enjoyment level of order information services according to the assessment results and formulate information service policies and related systems during the assessment period. If the service fails to satisfy the customer and the customer complains, the platform has the right to impose a scoring disciplinary system on the manicurist. If the customer scores a certain number of bad reviews or complaints, the platform has the right to terminate the cooperative relationship with the manicurist and ask Party B to compensate the corresponding losses.

(6) Awards and subsidies

The reward and subsidy system of platform enterprises has also become an important incentive to attract service providers to register. For example, in the manicurist case, platform enterprises will pay subsidies according to the amount of bills, the amount of bills and customer evaluation. At the same time, however, platform enterprises also stipulate that "in order to adapt to the changing market policies and situation, the platform has the right to introduce certain incentive policies such as transportation subsidies and incentive bonuses from time to time, but service providers do not have the right to demand compensation, compensation or claim such subsidies, bonuses and other incentive funds in any way", which limits the right of service providers to claim them as wages. In the online live broadcast industry, where the gifteconomy is the most widely used, the service provider obtains the benefits by obtaining the virtual props donated by the users according to the exchange rules and sharing ratio formulated by the platform, and the rewards are directly linked to the customer evaluation (gifts).

(7) Collection and use of personal information

The transfer of personal information of service providers is also worthy of attention. In fact, as an important asset of platform enterprises, the acquisition of personal information of service providers is an inevitable requirement of platform brand promotion. In the settlement agreement of the live broadcast platform, it is often stipulated that the platform has the right to use the anchor’s name (including but not limited to your real name, pen name, screen name, previous name and any character symbol representing your identity) and portrait (including but not limited to real portrait and cartoon portrait, etc.) for all kinds of publicity. In the case of the chef, the two parties agreed that the chef "knows and agrees to provide some private information such as his own identity information and contact information to the platform and publish it", and at the same time "knows and agrees that the price corresponding to the cooking service he provides will be published and published by the platform. On the other hand, some platforms also take the publicity and promotion of service providers as a service. For example, in the case of manicurists, the platform will manage and display personal information and order service information for manicurists, and will push and promote them as "value-added services".

(8) Ownership of intellectual property rights

In the case that the provision of services will produce intellectual property rights, platform enterprises often determine their ownership through agreements. For example, it is stipulated in the agreement of a live broadcast platform that all intellectual property rights (including but not limited to intellectual property rights such as copyright and trademark rights and all related derivative rights), ownership and related rights of all achievements (including but not limited to commentary videos and audio, and any words, videos and audio related to the matters in this agreement) generated by the service provider during the live webcast of the platform shall be enjoyed by the platform enterprise. All this is free and unlimited. Without the written consent of the platform, the anchor shall not use or provide or authorize any third party in any way and obtain any income.

(9) Eliminate competition

On the basis of determining the rights, the platform enterprises will request to exclude the possibility of any competition among service providers. For example, in the anchor case, it is stipulated in the live broadcast agreement between the two parties: the anchor agrees to use the live broadcast platform as an exclusive platform for live internet sharing, and He promises not to share the live broadcast on any third-party internet platform outside the platform without the written consent of the platform during the cooperation period. The anchor shall not broadcast live games outside the scope specified or recognized by the platform, and shall not broadcast live in the name of non-platform recognition; Without the prior written consent of the platform, no non-platform product introduction is allowed; Do not undertake any commercial activities of any competitive platform during the agreement period, and do not upload the video uploaded to the platform directly or through a third party to the competitive platform.

It is worth noting that, despite a slight lack of supervision, some sharing economic platforms based on manual labor will still agree with service providers on "excluding competition" clauses. In the case of flash courier, the two parties agreed that "couriers should not provide services for other platforms at the same time", which eventually led to the court’s decision to confirm labor relations to some extent.

(X) Risk outsourcing

Even with the above-mentioned behaviors, platform enterprises often think that service providers are self-employed people at their own risk and should guarantee their services for defects. In both the manicurist case and the chef case, the platform pleaded that "the service provider is a freelancer who provides services to customers with his own skills at his own risk". The live broadcast platform also stipulates a "safeharbour" exemption: if the anchor results contain other people’s intellectual property rights, portrait rights, name rights or other legitimate rights and interests, it should ensure that the legal authorization of the relevant rights holders has been obtained, and it has the right to authorize the platform to be used permanently and free of geographical restrictions; In case of violation of the regulations, the platform has the right to require the anchor payment platform to pay the relevant fees to the other party by itself or by entrusting a third party, and deduct them from the webcast fee of the anchor in equal amount, and the insufficient part of the anchor should be supplemented; If the platform suffers any economic and reputational losses, the anchor shall make full compensation and be responsible for eliminating the adverse effects.

Another typical method of transferring risks is outsourcing. In the case of traffic accidents of car drivers, platform enterprises try to avoid the possibility of being liable to employers because of the car drivers’ job behavior by letting them sign labor contracts with outsourcing companies. Platform enterprises believe that according to Road traffic accident responsibility confirmation, the cause of the accident is improper operation of the driver, not the vehicle itself involved, and the platform enterprise is only the owner of the vehicle and there is no fault, so it should not bear any responsibility; The outsourcing company, which is also a wholly-owned subsidiary of the platform enterprise, voluntarily assumes the responsibility beyond the insurance scope. For the internet catering platform, it has become normal to outsource the labor relations of food delivery staff to other companies.

It should be noted that based on the business logic of sharing economic platform, although most of its management measures can be attributed to the above ten points, not all of them are applicable to a certain platform. For example, some platforms do not necessarily require service providers to provide guarantees, and some platforms do not necessarily restrict the competition of service providers or emphasize the ownership of intellectual property rights.

Nevertheless, it is still necessary to consider whether controlling one point or several points can actually lead to global control in management in the process of realizing commercial purposes of platform enterprises. For example, even if there are requirements for the anchor to get paid, such as the minimum number of days of monthly live broadcast (15 days), the average number of people per month (3,000 people per day) and the length of time (80 hours), such restrictions undoubtedly rule out any possibility that the anchor can use his major to do the same or similar work during the service period. You don’t just need a mobile phone to work all over the world at any time; But even if you only need a mobile phone, you must work on this platform every day. This leverage effect on the control of service providers is particularly worthy of attention under the background of the obvious trend of oligopoly pattern in various industries.

Fourth, the turn of the court: weighing the protection of rights and interests and sharing economic development

In the case of confirming labor relations, the judge first considers whether the individual has personal and organizational subordination, that is, how many "management privileges" the platform enterprises have.

For example, in the manicurist case, the reasons why the court found that the two sides did not belong to labor relations included:

(1) It is agreed by both parties that manicurists can choose their own working hours and working places, and there is no need to work in shifts, and there is no special and fixed office space;

(2) Both parties agree that the settlement method of the service fee includes online payment by the customer, which is paid to the manicurist on a monthly basis after deducting the information service fee from the platform, or the customer pays the manicurist directly in cash, so the income of the manicurist is composed of the customer service fee rather than paid labor arranged by the platform enterprise;

(3) The business scope of the platform enterprise is the collection and release of business supply information, excluding the operation of manicure business, so the manicure service provided by manicurists is not a part of the platform enterprise.

However, in the case of 2018, the author saw the turn of some local courts, especially Beijing courts. Its turn mainly considers the fairness of rights protection, the consistency of rights and obligations and the anti-risk ability of the contending subject.

(1) Fairness

In fact, behind fairness is the ranking of values worthy of national protection. For example, when it comes to citizens’ basic rights, such as labor safety and health, citizens’ health rights, etc., the court will tend to protect the disadvantaged party in the dispute. However, the court will treat it with caution if it involves demands such as double wages for unsigned labor contracts. For example, in the chef case, although the court found that the subordinate relationship between the two parties conforms to the essential characteristics of labor relations, at the same time, based on the signed Cooperation Agreement, the relevant labor rights and interests of the chef were legally guaranteed, so the service provider’s claim of double wage difference without signing a written labor contract was not supported.

(2) Consistency of rights and obligations

In addition to fairness, courts sometimes consider the consistency of rights and obligations of platform enterprises. For example, in the driver’s case, the court held that the vehicle was owned by the platform company, and the platform company also insured it. After the incident, the insurance company assumed the responsibility of claim settlement, and the original judgment found that the platform company did not assume the responsibility of claim settlement, which was inconsistent with law and reason; Moreover, the driver of the special car drives the vehicle of the platform company to operate according to the instructions of the platform company, and the car calling service and the payment of the fare of the relevant special car are operated through the platform company, and the proceeds also belong to the platform company. Since the platform company enjoys the rights, it should bear the corresponding liability for compensation.

In the case of flash courier, the judge even pointed out that platform enterprises should not bear the legal and social responsibilities they should bear because they have adopted new technical means and new business methods.

(3) Ability to resist risks

The application of anti-risk ability first appears in the distribution of burden of proof. For example, in the chef case, the court held that the platform company, as a network company, has the ability and obligation to prove the details of the "cooperation" between its company and the chef under the business model with the mobile Internet as the background, so as to prove that the "cooperation" process between the two parties fully conforms to the terms stipulated in its cooperation agreement. Although the platform company claims that the remuneration paid to chefs on the 15th of each month is cooperation fees such as over-the-counter rewards, not wages, as the remuneration issuer, it has not provided evidence to prove the calculation details and specific basis for paying chefs’ remuneration, nor has it provided evidence to prove that the "Good Chef" platform reward policy has been delivered to the chefs or reached an agreement with them, so it should be considered that this fee is the nature of wages.

In addition, the judgment standard of anti-risk ability is also directly reflected in the system design of labor management. In the case of flash courier, the judge held that as a company operating by using new technical means, it can fully use the advantages of information technology to realize legal operation and management. The court cannot refuse to provide basic rights relief to workers because the relevant supporting system is not perfect. Therefore, the responsibility of reducing employment risks is directly assigned to the enterprises sharing the economic platform.

V. Jiang Triangle Viewpoint: The governance of labor disputes in the sharing economy requires the social subjects to "take their places".

However, the turn of the above courts is only a very small number in the current overall judicial decisions. Based on the local court’s consideration of the local political and economic environment and many other subjective and objective reasons, it is still difficult for the system implementation end to make long-term considerations such as the case of flash courier. Therefore, the author believes that in the management of labor disputes in the sharing economy, we should broaden our horizons to pay attention to the distribution of rights and obligations of various participants, which is mainly reflected in risk control, labor-capital game and system design.

(1) Risk control end

The prevention of disputes within enterprises is the main barrier to control risks, but nowadays platform enterprises generally fail to completely exhaust the existing labor system subjectively or objectively. Positive cases, such as an Internet electronic equipment maintenance platform, also encountered many personnel management confusion problems that start-up Internet companies often encountered when it was established in 2015. After systematic employment design, through outsourcing relationship, labour relation, labor dispatch relationship, and applying for special working hours under standard labor relations, the risk management and control of employment in Internet platform enterprises are completed. The systematic design of employment mode not only gives service providers a sense of belonging, but also curbs the current situation of service providers "taking private jobs", thus achieving a win-win situation between labor and capital, making this enterprise one of the few industry unicorns.

(B) Labor-capital game end

Another reason for frequent labor disputes in platform enterprises is the lack of collective organization and collective bargaining. A positive case, for example, in Shanghai in early 2018, the first online food delivery industry trade union in China-Putuo District Online Food Delivery Industry Trade Union Federation was established. There are five online food delivery workers’ unions established in Putuo District, and more than 400 online food delivery workers have joined the unions. In addition, the advantage of Internet economy lies in the perfect evaluation system, and the ubiquitous digital labor is providing channels for civil supervision. For example, the Shanghai Food and Drug Administration has piloted an internal reporting system for take-away food delivery staff, encouraging more than 30,000 take-away food delivery staff in Shanghai to find and report the problem merchants on the online ordering platform at the first time. This system, to some extent, shares the regulatory responsibility of platform enterprises.

(3) System design end

A typical case of system design is the Interim Measures for the Administration of Online Booking Taxi Operating Services jointly issued by the Ministry of Industry and Information Technology and the Ministry of Communications in 2016. This method provides detailed regulations on the network car platform company, vehicles and drivers of the network car, and the management behavior of the network car, which largely regulates the benefit distribution of the network car industry in China and affects its development pattern. However, in other industries, the value distribution link of the sharing economy has been seriously neglected, and the corresponding system design is extremely lacking. To understand the value distribution state of sharing economy, firstly, it is necessary to comprehensively analyze the temporal and spatial pedigree of digital labor, and secondly, it is necessary to analyze the formation and development model of sharing economy platform. In addition, what is special for China is that the Internet economy (or digital economy) and the network security problems it brings almost coincide with globalization. A major feature of its business model is to break through the boundaries of the atomic world (national boundaries). In this bit world, the global ecology of digital economy industry and the flow of value chain are equally worthy of attention.

In recent years, the global Internet economy has developed rapidly, and it has continuously impacted a country’s existing systems such as competition law, copyright law, privacy law, labor and employment law. The platform economy lies in the development mode of Internet enterprises, and its risks are often accompanied by huge benefits. On the other hand, Internet companies in China are constantly going abroad, and some of them have even become a model for a country to learn from. Therefore, China should take the lead in controlling the systemic risks of the whole society that may be caused by Internet platform enterprises, and China Internet enterprises should take the corresponding social responsibilities.

Shanghai Law Society welcomes your contribution.

fxhgzh@vip.163.com

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Source: Shanghai Law Research, Volume 15, 2019 (Labor Law Research Volume). Please indicate the source when quoting and reprinting.

Original title: "Jason Lu Shiqing: A Judicial Case Study of Typical Labor Disputes in China Sharing Economic Platform"

Read the original text

San Francisco suffered a large-scale power outage: traffic stopped and 90,000 users lost power.

  According to US media reports, the new york subway and the Amtrak)21 train between New Jersey and New York both experienced large-scale delays on the 21st. During the morning rush hour on the 21st, due to the power failure of the subway tunnel in midtown Manhattan, many subways were delayed and eventually had to be diverted. In the San Francisco area, there was a large-scale power outage in the city, traffic stopped and 90,000 users were cut off.

  On the afternoon of 21st, the subway line A/B/C/D/E/F/G/J/M/N/Q/R, which was delayed in the morning, resumed normal running, and the lines 2 and N were diverted. The Metropolitan Rapid Transit Authority (MTA) said that citizens need not worry about the train operation during the Friday night rush hour. At present, the power company is still investigating the cause of the power outage, while the subway station on 7th Avenue and 53rd Street is still in a state of power outage.

  According to the report, at 7: 30 in the morning, a D-line subway stopped for a long time in the subway station tunnel of 53rd Street on 7th Avenue in Manhattan, and hundreds of passengers were trapped in it. A passenger said that it was very uncomfortable. "I think we stayed for a long time, and the staff said it was because of power problems."

  Another E-line subway had already stopped at the platform, so the passengers on board were lucky enough to leave the carriage.

  Passengers posted photos of congested subway stations and dark subway cars on Twitter.

  Amtrak train delays and congestion at Newark and Pennsylvania stations

  On the morning of 21st, commuters between new york and New Jersey also suffered a large delay.

  According to the New Jersey MRT, the train routes of Northeast Corridor, North Jersey Coast, Raritan Valley and Midtown Direct were all delayed in the morning rush hour on Friday. Some passengers stayed in the tunnel for nearly an hour.

  Commuters say that although this is uncomfortable, it is no longer news.

  Ari Ginsberg, a resident of Fair Lawn, New Jersey, said, "Amtrak trains are unreliable. You have to leave an hour earlier. I hope they will change. "

  Large-scale power outage in downtown San Francisco, 90,000 users were affected by traffic stoppage.

  At 9 o’clock on Friday morning, there was also a large-scale power outage in San Francisco. Many areas including downtown, financial district, Marina and Presidio in the west suffered power outages, and most commercial activities came to a standstill. After emergency repair, the power company has resumed part of the power supply at noon, indicating that most of the power supply will be resumed at 1 pm.

  Except for residential and commercial buildings, the BART subway station in downtown San Francisco has been closed, the traffic lights from Union Square to Marina District have failed, and the cable car of San Francisco has also stopped.

  A spokesman for Pacific Electric Company said that at least 90,000 users were blacked out and the substation in Larkin Street caught fire. It is not clear whether the fire caused a large-scale power outage.

  The San Francisco Fire Department has received several calls, including reports that someone was trapped in the elevator, but no one was injured at present.

  Many schools in San Francisco also lost power, including Spring Valley Science and Technology Middle School, Sutro Primary School, Civic Center Primary School Alamo Primary School, Galileo Academy Science and Technology Middle School and Cobb Primary School.

Refund storm: What is the routine of the public examination training agreement class?

  BEIJING, Beijing, November 25 (Zhang Yuhui) On the 26th, the written examination of public subjects in the 2024 national examination will be held soon. According to the National Civil Service Bureau, the national examination plans to recruit 39,600 people. By the end of online registration and qualification examination, a total of 3.033 million people have passed the qualification examination of the employer, and the ratio of the number of qualified people to the number of employment plans is about 77:1.

  There are such a group of candidates who are racing against time to prepare for the upcoming written test, but they are also experiencing a wave of refund of fees that spans two years.

  In recent years, public examination training has become an industrial chain. In order to stand out from the competition, some candidates are determined to invest in themselves. However, what is waiting for them is not the guarantee of refund even if they fail, but the routine of the public examination training agreement class.

  Routine 1: "But no refund"

  After the failure of the public examination in 2022, Cheng Yan (pseudonym) began her nearly one-year road to safeguarding rights. Unlike the 30-45 days agreed in the agreement to submit the refund formalities and verify them, she didn’t receive the long-deserved refund of 40 thousand yuan until the end of May this year. Nowadays, a group of candidates who signed up for the 2023 public examination training agreement class embarked on the road she had traveled and struggled in the difficult rights protection.

  Song Ming (a pseudonym) is one of them. In August, 2022, he signed up for the full-course agreement class of written examination and interview in a training institution, and signed an agreement with the institution, which stipulated in detail the conditions, standards and handling procedures of the refund. After Song Ming failed to "land" successfully, he applied to the training institution for refund of training fees. However, from the submission of the refund formalities on August 8 to now, he has not waited for the 36,500 yuan refund promised by the training institution.

  "There is no following when submitting the refund information, and the same is true for others. Everyone is stuck with tens of thousands of dollars in the organization." The experience of Song Ming and other students who are defending their rights stems from the "no refund" promised by the organization at that time.

  Zhongxin. com searched on social platforms and found that students who signed up for the "no refund" public examination training class abound. According to the analysis of some education experts, the students failed the exam, which is caused by two factors, one is teaching, and the other is learning. However, the business model of "no return, no return" attributes all the students to the teaching side, which is equivalent to giving the students a blank check.

  The storm of refund is getting worse. According to Song Ming, now, the training institution he signed up for has cancelled the full-refund agreement class and changed to fail the exam and refund part of the money. An intermediary of the training institution told Zhongxin. com that at present, there are three charging methods for the provincial examination agreement class in 2024, among which students can pay 22,999 yuan in advance and refund 5,000 yuan after being hired. Although the refund fee has been reduced, the "promise" of "no refund" continues.

  Routine 2: From "No Money to Retire" to "Retire by Stages"

  In August last year, the list of candidates for the provincial examination positions and the positions for adjustment, replacement and re-recording in a certain province was announced, and Liu Jia (pseudonym) decided to fail in the provincial examination. When I took the exam, it was an epidemic. Liu Jia and the students who also signed up for the agreement class took risks and took part in the whole process of the exam. The reason was that the agreement stipulated that only by taking the relevant links of the exam could I get a refund after failing the exam. "The public exam training is very expensive, and I still have friends who smashed 50,000 to 60,000." However, after she applied for a refund from the training institution, the institution declined in October saying that "there is no money to refund" and proposed that she could go to the written test class for two months in the second half of the year. After Liu Jia refused, from December to January this year, the agency proposed to Liu Jia to refund the fees by stages.

  The agreement signed between Liu Jia and the training institution stipulates that "Party A will pay the refund amount to the bank account provided by Party B within 30-45 working days after receiving the complete refund formalities submitted by Party B and verifying that the materials are true and meet the refund conditions", and there is no mention of the refund in installments. "If I don’t agree to ask for a full refund in installments, I may not be able to refund it when, so I accepted the installment refund proposed by the organization with the mentality of getting it back first." However, after receiving several refunds, in June this year, the institution stopped the refund, which was about 6,000 yuan short of the promised refund of 19,800 yuan.

  There are also students who disagree with the installment refund that is not stated in the agreement, as Cheng Yan did. "At that time, many people on the Internet suggested not to accept staging, so I refused. They have already broken the contract and said that they will be phased. Who knows if they will abide by the agreement? " Cheng Yan believes that if the training institutions have integrity, they should refund the fees on time, and should not "make another mistake".

  After the phased refund of fees stopped, Liu Jia began to complain about the training institutions to the 12345 hotline, the Education Commission, the petition departments and other forces. Later, Liu Jia learned that the agency seemed to be "rich again". After many complaints and help, Liu Jia finally got a full refund in October this year. At the same time, Song Ming accepted the installment refund with a total value of nearly 40,000 yuan, but only received one issue and never heard back. "As long as you don’t complain about them, it’s nothing."

  In June this year, Jiangsu Consumer Protection Committee announced the results of a special survey on the education and training industry for the postgraduate entrance examination, which involved six public examination institutions. The survey results show that the refund process is cumbersome and the training institutions shirk their responsibilities. According to the survey, 38.9% of the respondents indicated that they had had the experience of refunding fees, among which 81.1% of the respondents indicated that they encountered unreasonable fee deduction or refused to refund fees. The main manifestations of the cumbersome refund were harsh conditions, failure to refund fees according to the agreement, long refund time, cumbersome refund procedures, refusal to refund fees and changing classes. In addition, judging from the complaints, in the process of refund, consumers often encounter the situation that staff members lose contact and institutions shirk their responsibilities, which makes it difficult to refund fees.

  Routine 3: "Go through legal procedures"

  "I can’t retreat, you can go through legal procedures." After the application for refund failed, some students waited for such a sentence from the training institution.

  According to the data of Sky Eye Survey, among the main causes of judicial cases in an education and training institution, there are 292 disputes related to education and training contracts, ranking first. Among them, 117 cases have been closed and 175 cases have not been closed.

The cause of action of an education and training institution involved in judicial cases is in the top ten. The picture comes from Tianyancha.

  The cause of action of an education and training institution involved in judicial cases is in the top ten. The picture comes from Tianyancha.

  After decisively rejecting the installment refund proposed by the institution, Cheng Yan initiated a lawsuit on the electronic litigation platform of the court where the institution belongs. After filing the case, the court suggested that Cheng Yan withdraw the lawsuit and told her that she would supervise the institution to refund the full amount at the agreed time, and she received the refund after withdrawing the lawsuit. The whole process lasted for more than half a year, but fortunately Cheng Yan finally received a full refund.

  Cheng Yan mentioned that there are two ways to resolve the disputes in the agreement, namely "bringing a lawsuit to the people’s court" and "applying to the Arbitration Commission for arbitration". A person who provides legal services related to education and training contract disputes told Zhongxin.com that everyone’s training agreement is different. "Agreed litigation can only be litigation, and agreed arbitration can only be arbitration." After submitting the arbitration application and passing the pre-trial, the complainant needs to pay an arbitration fee of 17,000 yuan to the arbitration commission in advance, which shall be borne by the losing party after the case is concluded. The legal service person said that arbitration is final and the result is faster.

  "I haven’t learned how to go through legal procedures. I only know that I have spent a lot of energy and money." In order to wait for the refund, Song Ming was exhausted.

  This refund storm is still to be continued.

Protect your life with my life —— Pay tribute to the medical staff in the front line of anti-epidemic

In the battle against pneumonia infected by novel coronavirus, countless medical staff stood at the forefront without hesitation.

In the face of the epidemic, medical workers volunteered, saved lives, and faced difficulties. With their actions, we saw the fearlessness, tenacity, dedication and persistence of the soldiers in white. Protect the lives of the public with their lives. Let’s pay tribute to the medical workers on the front line of fighting the epidemic.

Take the initiative to join the front line regardless of life and death.

"I applied to join the fight against’ novel coronavirus’ and contribute our meager strength." Seven doctors, urologist Wang Bo and neurologist Hu Jun from the Department of Endocrinology, People’s Hospital of Jiangxia District, Wuhan, applied to the organization, and pressed their bright red handprints together on the invitation letter. This is also the voice of 4000 soldiers in white in Jiangxia District.

Wang Bo said that the current epidemic situation is grim, and the hospital undertakes a lot of rescue work. As a party member, it should take the lead, regardless of life and death.

The medical staff of Jiangxia District People’s Hospital in Wuhan pressed their handprints on the invitation letter.

Wuhan is now adopting the "10+10" model, and 10 large hospitals have contributed personnel, technology and strength to requisition the venues, beds and medical staff of 10 small and medium-sized hospitals as designated hospitals to treat suspected and confirmed cases. Every medical worker has consciously shouldered the heavy responsibility of fighting the epidemic.

A copy of the gauntlet shows the fearlessness of the soldiers in white. Leave the danger to yourself and protect the health of the citizens with your life. Choosing the profession of "doctor" means choosing dedication, which is the commitment of medical staff to protect their lives.

"I didn’t tell mingchang about it. Personally, I feel that I don’t need to tell, it was a battlefield everywhere! " In an invitation to fight against new pneumonia, Associate Professor Zhang Yong, a female doctor in the Department of Respiratory and Critical Care Medicine, People’s Hospital of Wuhan University, wrote a modern version of "The Book of Peace with the Husband".

Associate Professor Zhang Yong, Female Doctor of Respiratory and Critical Care Medicine, People’s Hospital of Wuhan University

On January 18, with the all-round development of the epidemic, Zhang You, as the secretary of the Party branch of the department, wrote an invitation letter to the Party Committee of the People’s Hospital of Wuhan University: "In a battlefield where the enemy is invisible, no one will be spared! I applied to stay in the observation room for a long time to further sort out the patients. The advantage is that there is no need for constant in-hospital consultation, which can reduce the burden on other doctors, patients can also get continuous treatment, and the beds in the observation room can also flow. "

When writing down the invitation letter, Zhang Yong specifically noted that her husband, Professor Li Mingchang, who works in the People’s Hospital of Wuhan University and serves as the deputy director of the Department of Neurosurgery I, was not informed about this matter.

"I saw her invitation letter from someone else’s circle of friends. I strongly support her decision, but I hope she can protect herself and her colleagues while treating patients. I am waiting for your triumph! " Li Mingchang is careful.

For treatment, wearing heavy protective clothing

Since the outbreak of pneumonia in novel coronavirus, the number of cases has been increasing. The first-line medical staff should protect themselves while effectively curbing the spread of the epidemic in time.

After removing the heavy protective clothing and goggles, Zhou Qiong, an associate professor of respiratory medicine at Union Medical College Hospital, showed a tired face. In Zhou Qiong, for example, one doctor has to take care of three patients, and the ward has a 24-hour shift.

"Wearing a heavy three-level protective isolation suit has to work continuously for more than 8 hours per shift. Wearing it for a long time also has an impact on the line of sight. I can’t see it clearly. After an hour of ward rounds in the isolation ward, I am all soaked." Zhou Qiong said, at the same time, every day to the isolation ward rounds, put on protective clothing after the reaction decreased, sometimes can’t remember the patient’s symptoms and imaging results, which requires repeated inspection.

Behind the heavy protective isolation suit is the persistence of the doctor.

Behind the heavy protective isolation suit is the persistence of the doctor. If you don’t eat or drink for hours, the sweat in goggles, deep indentation on your face and chapped lips are the most beautiful looks of medical workers.

Dr. Zhang Cong, 25, just graduated from Jianghan University in July 2019 and joined the Department of Respiratory and Critical Care Medicine of Wuhan Sixth Hospital. He never imagined that after New Year’s Day this year, his mother and grandmother were found to be infected with novel coronavirus.

"The department asked him to rest and take care of his family, but he refused." Li Fajiu, deputy director of the department, said that at the dangerous moment when two relatives at home were both infected and admitted to the isolation ward, the young Dr. Zhang Cong never took a day off for everyone, packed his bags and camped in the hospital for more than 20 days, and always fought side by side with his colleagues at the forefront.

While taking care of his family, Zhang Cong saved the wounded and rescued the dying. In less than a month, a tall man with a height of 1.88 meters suddenly lost 12 pounds. "But soldiers always have to go to the battlefield. We are soldiers in white. If we don’t reach the front line of battle, we will regret it for life." Zhang Cong said firmly.

Wash your hands more than a hundred times a day. Zhang Cong’s hands are chapped.

One of the methods advocated by experts to prevent new coronary virus is hand washing, which is also one of the things that Zhang Cong does most. Every day, he must wash his hands before wearing isolation suits, hats and masks and examining patients. On average, Zhang Cong washes his hands more than 100 times a day. Because he washes his hands too often and wears airtight gloves, his hands are peeled off and covered with cracks, which is extremely itchy. He always smiled and said, "Nothing! Men are not afraid of being rough! " It was his rough hands that saved precious lives.

Re-entry into the anti-epidemic and anti-war

"If you fall down, you can stand up again." After a week of isolation treatment at home, Professor Zhang Jinnong, the director of the emergency department of the Union Medical College Hospital, said, "After recovery, I will continue to participate in this battle and fight side by side with everyone."

Since December 31, 2019, Zhang Jinnong has been working in a fever clinic for a long time, with high intensity for half a month. Extremely tired and in close contact with high frequency, even though strict preventive measures were taken, his body lit up with a red light. He developed fever, chills, sore throat and other symptoms, and was confirmed as pneumonia infected by novel coronavirus after examination.

Zhang Jinnong, Director of Emergency Department of Union Medical College Hospital (photo of daily work)

After the diagnosis came out, Professor Zhang was treated in isolation at home, and he didn’t stop working during the isolation. Facing the different characteristics between the epidemic and SARS, he quickly summed up the clinical experience, and repeatedly consulted the references, and drafted the highly practical "wuhan union hospital’s Strategies and Instructions for Dealing with novel coronavirus Infection in 2019", which provided valuable experience for medical workers in the country.

Guo Qin, a nurse from Zhongnan Hospital of Wuhan University, was accidentally infected in clinical work and returned to work immediately after recovery.

Guo Qin, a nurse in Zhongnan Hospital of Wuhan University.

After the outbreak of novel coronavirus, 38-year-old Guo Qin has been in the emergency ward, taking care of critically ill patients. During the period, I worked for more than 10 hours every day, and treated and cared for nearly 100 patients.

On the evening of January 12th, Guo Qin felt feverish after working for many days. The next day, after examination, she was diagnosed with novel coronavirus. The hospital immediately arranged for her to live in the isolation ward.

"The taste of isolation treatment is not good. Although my colleagues keep comforting me, I am still worried and depressed." Guo Qin said frankly that he even left her husband "last words": "If I die, I must take good care of my 11-year-old son and take good care of the elderly on both sides."

After 3 days of treatment and 14 days of isolated observation, Guo Qin, who was negative for two consecutive nucleic acid tests (with an interval of 24 hours) and was assessed by experts to be in good health, returned to the emergency center of Central South Hospital on the morning of January 28 to continue nursing inpatients.

"Today’s rescue work is still under great pressure. Many colleagues are working overtime in the front line and are very tired." Guo Qin said that as a Communist party member, he should play a vanguard and exemplary role, return to his post as soon as possible, and share the pressure of treatment for his colleagues.

On the first day after returning to work, Guo Qin was most gratified that a novel coronavirus patient who was treated by his colleagues two weeks ago also recovered and was discharged on the same day.

"Come on, put on gloves, masks, goggles and protective clothing, and get dressed quickly. We are ready to enter the intensive care unit."

In Wuhan, thousands of medical staff are directly involved in the front line of treatment. Behind them, there are more medical staff silently supporting them and standing by at any time.

People’s Republic of China (PRC) Yangtze River Protection Law will be implemented on March 1 next year.

  order of the president of the people’s republic of china

  No.65

  The Law of People’s Republic of China (PRC) on the Protection of the Yangtze River was adopted by the 24th session of the 13th the NPC Standing Committee of the People’s Republic of China on December 26th, 2020, and is hereby promulgated and shall come into force as of March 1st, 2021.

  Chairman People’s Republic of China (PRC), Supreme Leader

  December 26, 2020

  Catalogue

  Chapter I General Principles

  Chapter II Planning and Control

  Chapter III Protection of Resources

  Chapter IV Prevention and Control of Water Pollution

  Chapter V Restoration of Ecological Environment

  Chapter VI Green Development

  Chapter VII Guarantee and Supervision

  Chapter VIII Legal Liability

  Chapter IX Supplementary Provisions

  Chapter I General Principles

  Article 1 This Law is formulated with a view to strengthening the protection and restoration of the ecological environment in the Yangtze River Basin, promoting the rational and efficient utilization of resources, ensuring ecological security, and realizing the harmonious coexistence between man and nature and the sustainable development of the Chinese nation.

  Article 2 This Law shall be observed in the protection and restoration of the ecological environment and in all kinds of production, living, development and construction activities in the Yangtze River Basin.

  The term "Yangtze River Basin" as mentioned in this Law refers to the relevant county-level administrative regions of Qinghai Province, Sichuan Province, Xizang Autonomous Region Province, Yunnan Province, Chongqing City, Hubei Province, Hunan Province, Jiangxi Province, Anhui Province, Jiangsu Province and Shanghai, as well as Gansu Province, Shaanxi Province, Henan Province, Guizhou Province, Guangxi Zhuang Autonomous Region, Guangdong Province, Zhejiang Province and Fujian Province.

  Article 3 In the economic and social development of the Yangtze River Basin, we should adhere to ecological priority and green development, and make great efforts to protect and not to develop. The protection of the Yangtze River should adhere to overall coordination, scientific planning, innovation-driven and systematic governance.

  Article 4 The State shall establish a coordination mechanism for the Yangtze River basin, give unified guidance and overall coordination to the Yangtze River protection work, review major policies and plans for the Yangtze River protection, coordinate major issues across regions and departments, and supervise and inspect the implementation of the important work for the Yangtze River protection.

  Article 5 The relevant departments of the State Council and the people’s governments at the provincial level in the Yangtze River Basin shall be responsible for implementing the decision of the national Yangtze River Basin coordination mechanism, and shall be responsible for the work related to the protection of the Yangtze River in accordance with the division of responsibilities.

  The local people’s governments at all levels in the Yangtze River Basin shall carry out the responsibilities of protecting and restoring the ecological environment in their respective administrative areas, promoting the rational and efficient utilization of resources, optimizing the industrial structure and layout, and maintaining the ecological security of the Yangtze River Basin.

  The heads of rivers and lakes at all levels in the Yangtze River basin are responsible for the protection of the Yangtze River.

  Article 6 Relevant places in the Yangtze River Basin shall, according to needs, establish cooperation mechanisms in the formulation of local laws and government regulations, planning, supervision and law enforcement, etc., so as to jointly promote the protection and restoration of the ecological environment in the Yangtze River Basin.

  Article 7 The relevant departments in charge of ecological environment, natural resources, water administration, agriculture and rural areas and standardization in the State Council shall, in accordance with the division of responsibilities, establish and improve the standard systems of water environment quality and pollutant discharge, ecological environment restoration, water resource conservation and intensive utilization, ecological flow, biodiversity protection, aquaculture, disaster prevention and mitigation in the Yangtze River basin.

  Article 8 The competent department of natural resources in the State Council shall, jointly with the relevant departments in the State Council, regularly organize surveys on the natural resources in the Yangtze River basin, such as land, minerals, water, forests, grasslands, wetlands, etc., establish a basic database of resources, carry out evaluation on the carrying capacity of resources and environment, and announce the natural resources in the Yangtze River basin to the public.

  The department in charge of wildlife protection in the State Council shall organize a general survey of wildlife and its habitat every ten years, or organize a special investigation according to the needs, establish a wildlife resource file, and announce the wildlife resources in the Yangtze River basin to the public.

  The competent agricultural and rural departments of the local people’s governments at or above the county level in the Yangtze River Basin shall, jointly with the relevant departments of the people’s governments at the corresponding levels, conduct biodiversity surveys on important habitats such as spawning grounds, feeding grounds, wintering grounds and migration routes for aquatic organisms.

  Article 9 The national coordination mechanism for the Yangtze River Basin shall coordinate the relevant departments of the State Council to improve the monitoring network system and monitoring information sharing mechanism for the ecological environment, resources, hydrology, meteorology, shipping and natural disasters in the Yangtze River Basin on the basis of established stations and monitoring projects.

  The relevant departments of the State Council and the local people’s governments at or above the county level in the Yangtze River Basin and their relevant departments shall, in accordance with the division of responsibilities, organize and improve the ecological environment risk reporting and early warning mechanism.

  Article 10 The competent department of ecology and environment of the State Council shall, jointly with the relevant departments of the State Council and the people’s government at the provincial level in the Yangtze River Basin, establish and improve the emergency linkage mechanism for sudden ecological and environmental incidents in the Yangtze River Basin, link up with the national emergency response system, and strengthen the emergency management of sudden ecological and environmental incidents in ships, ports, mines, chemical plants and tailings ponds in the Yangtze River Basin.

  Article 11 The State shall strengthen the construction of monitoring, forecasting, early warning, defense, emergency response and recovery and reconstruction systems for floods, droughts, forest and grassland fires, geological disasters and earthquakes in the Yangtze River basin, so as to improve the ability of disaster prevention, mitigation, resilience and relief.

  Article 12 The National Yangtze River Basin Coordination Mechanism shall set up an expert advisory committee to organize professional institutions and personnel to carry out scientific and technical professional consultation on major development strategies, policies and plans of the Yangtze River Basin.

  The relevant departments of the State Council and the people’s governments at the provincial level in the Yangtze River Basin and their relevant departments shall, in accordance with the division of responsibilities, organize the third-party assessment, analysis and demonstration of the impacts of Yangtze River Basin construction projects, important infrastructure and industrial layout planning on the Yangtze River Basin ecosystem.

  Thirteenth national Yangtze River basin coordination mechanism to coordinate the relevant departments of the State Council and the people’s governments at the provincial level to establish and improve the Yangtze River basin information sharing system. The relevant departments of the State Council and the people’s governments at the provincial level in the Yangtze River Basin and their relevant departments shall, in accordance with the provisions, share information on the ecological environment, natural resources and management and law enforcement in the Yangtze River Basin.

  Fourteenth relevant departments of the State Council and the local people’s governments at or above the county level in the Yangtze River Basin and their relevant departments should strengthen the publicity and education of ecological environment protection and green development in the Yangtze River Basin.

  The news media should take various forms to carry out publicity and education on ecological environment protection and green development in the Yangtze River basin, and supervise the illegal acts by public opinion according to law.

  Article 15 The relevant departments of the State Council and the local people’s governments at or above the county level in the Yangtze River Basin and their relevant departments shall take measures to protect the famous historical and cultural cities, towns and villages in the Yangtze River Basin, strengthen the protection of cultural heritage in the Yangtze River Basin, and inherit and carry forward the excellent characteristic culture in the Yangtze River Basin.

  Article 16 The State encourages and supports units and individuals to participate in the activities of protecting and restoring the ecological environment, rationally utilizing resources and promoting green development in the Yangtze River basin.

  Units and individuals that have made outstanding contributions to the protection of the Yangtze River shall be commended and rewarded by the people’s governments at or above the county level and their relevant departments in accordance with the relevant provisions of the state.

  Chapter II Planning and Control

  Article 17 The State shall establish a planning system for the Yangtze River basin under the guidance of national development planning, based on spatial planning, supported by special planning and regional planning, and give full play to the leading, guiding and restraining role of planning in promoting the ecological environment protection and green development of the Yangtze River basin.

  Eighteenth the State Council and the local people’s governments at or above the county level in the Yangtze River Basin shall incorporate the protection of the Yangtze River into the national economic and social development plan.

  The development and reform department of the State Council, together with the relevant departments of the State Council, worked out the development plan of the Yangtze River Basin, scientifically coordinated the ecological environment protection and green development of the upper and lower reaches, left and right banks, main tributaries of the Yangtze River Basin, and implemented it after being approved by the State Council.

  Water resources planning and ecological environment protection planning in the Yangtze River basin shall be compiled in accordance with the provisions of relevant laws and administrative regulations.

  Article 19 The competent department of natural resources of the State Council shall, jointly with the relevant departments of the State Council, organize the compilation of the land spatial planning of the Yangtze River Basin, scientifically and orderly arrange the functional spaces of ecology, agriculture and towns in the Yangtze River Basin, delimit the red line of ecological protection, permanent basic farmland and urban development boundaries, optimize the land spatial structure and layout, and guide the land spatial utilization tasks of the Yangtze River Basin, which shall be implemented after being approved by the State Council. The special planning involving the use of land and space in the Yangtze River Basin should be linked with the land and space planning in the Yangtze River Basin.

  The local people’s governments at or above the county level in the Yangtze River Basin shall organize the compilation of the land spatial planning of their respective administrative areas, and implement it after being submitted for approval in accordance with the prescribed procedures.

  Article 20 The State shall exercise use control over the land space in the Yangtze River Basin. The competent departments of natural resources of the local people’s governments at or above the county level in the Yangtze River Basin shall, in accordance with the land space planning, exercise zoning and classified use control over the land space of the Yangtze River Basin under their jurisdiction.

  The development and utilization of land space in the Yangtze River Basin shall meet the requirements for the control of land space use and obtain planning permission according to law. The competent department of natural resources of the people’s government at or above the county level shall not apply for planning permission if it does not meet the requirements for the control of land and space use.

  Twenty-first the State Council water administrative departments to co-ordinate the rational allocation, unified scheduling and efficient utilization of water resources in the Yangtze River basin, and organize the implementation of the total water intake control and consumption intensity control management system.

  The competent department of ecological environment in the State Council shall, according to the water environment quality improvement objectives and water pollution prevention and control requirements, determine the total emission control indicators of key pollutants in the provincial administrative regions of the Yangtze River Basin. In the water functional areas where the water quality in the Yangtze River basin exceeds the standard, stricter requirements for reducing the total amount of pollutant discharge should be implemented. Enterprises and institutions shall, in accordance with the requirements, take measures to control the total discharge of pollutants.

  The competent department of natural resources in the State Council is responsible for the overall planning and control of the total amount of new construction land in the Yangtze River Basin.

  Twenty-second people’s governments at the provincial level in the Yangtze River Basin shall, according to the ecological environment and the utilization of resources in their respective administrative areas, formulate the ecological environment zoning control scheme and the ecological environment access list, and report them to the competent department of ecological environment in the State Council for the record before implementation. Eco-environmental zoning control scheme and eco-environmental access list should be connected with national land spatial planning.

  The industrial structure and layout of the Yangtze River basin should be adapted to the carrying capacity of the Yangtze River basin ecosystem and resources and environment. It is forbidden to lay out industries that have a serious impact on the ecosystem in key ecological function areas of the Yangtze River Basin. It is forbidden for heavily polluting enterprises and projects to transfer to the middle and upper reaches of the Yangtze River.

  Article 23 The State strengthens the management of the development and utilization of hydropower resources in the Yangtze River basin. Because of the national development strategy and the needs of the national economy and people’s livelihood, the construction of large and medium-sized hydropower projects in the Yangtze River basin shall be scientifically demonstrated and reported to the departments authorized by the State Council or the State Council for approval.

  The local people’s governments at or above the county level shall organize classified rectification or take measures to gradually withdraw from the small hydropower projects built in the Yangtze River basin that do not meet the requirements of ecological protection.

  Article 24 The state strictly protects the sources of the main stream and important tributaries of the Yangtze River, and establishes national parks and other nature reserves to protect the national ecological security barrier.

  Twenty-fifth the State Council water administrative departments to strengthen the protection of rivers and lakes in the Yangtze River basin. The local people’s governments at or above the county level in the Yangtze River Basin are responsible for delineating the scope of management of rivers and lakes, and announcing it to the public, implementing strict protection of rivers and lakes, and prohibiting illegal occupation of rivers and lakes.

  Article 26 The State shall exercise special control over the shoreline of rivers and lakes in the Yangtze River basin. The National Yangtze River Basin Coordination Mechanism coordinates the departments of natural resources, water administration, ecological environment, housing and urban and rural construction, agriculture and rural areas, transportation, forestry and grassland in the State Council, and the people’s governments at the provincial level in the Yangtze River Basin to delimit the protection scope of river and lake shorelines, formulate protection plans for river and lake shorelines, strictly control the development and construction of shorelines, and promote the rational and efficient utilization of shorelines.

  It is forbidden to build or expand chemical parks and chemical projects within one kilometer of the coastline of the main tributaries of the Yangtze River.

  It is forbidden to build, rebuild or expand tailings ponds within three kilometers of the coastline of the main stream of the Yangtze River and within one kilometer of the coastline of important tributaries; However, the reconstruction for the purpose of improving safety and ecological environment protection is excluded.

  Article 27 The transportation department of the State Council shall, jointly with the departments in charge of natural resources, water administration, ecological environment, agriculture and rural areas, forestry and grassland of the State Council, scientifically delimit the prohibited navigation areas and restricted navigation areas in the important habitats of aquatic organisms in the Yangtze River basin.

  It is forbidden for ships to sail in the designated no-navigation areas. Because of the national development strategy and the needs of the national economy and the people’s livelihood, sailing in areas where navigation is prohibited in important habitats of aquatic organisms shall be agreed by the competent department of transportation in the State Council in consultation with the competent department of agriculture and rural areas in the State Council, and necessary measures shall be taken to reduce the interference to important aquatic organisms.

  Strictly restrict the implementation of waterway regulation projects in the red line of ecological protection, nature reserves and important habitats of aquatic organisms in the Yangtze River basin; If rectification is really necessary, it shall be scientifically demonstrated and relevant procedures shall be handled according to law.

  Article 28 The State establishes a planning and licensing system for sand mining in the Yangtze River basin. Sand mining in the Yangtze River basin shall be licensed by the water administrative department of the State Council, the relevant river basin management institution or the water administrative department of the local people’s government at or above the county level according to law.

  The relevant river basin management agencies of the water administrative department of the State Council and the local people’s governments at or above the county level in the Yangtze River basin shall demarcate the sand-mining prohibition area and the sand-mining prohibition period according to law, and strictly control the sand-mining area, the total amount of sand-mining and the number of sand-mining vessels in the sand-mining area. It is forbidden to engage in sand mining activities in the prohibited sand mining areas and sand mining periods in the Yangtze River Basin.

  The water administrative department of the State Council shall, jointly with the relevant departments of the State Council, organize the relevant local people’s governments in the Yangtze River basin and their relevant departments to carry out joint law enforcement work on illegal sand mining in the Yangtze River basin.

  Chapter III Protection of Resources

  Article 29 The protection and utilization of water resources in the Yangtze River Basin shall, according to the comprehensive planning of the basin, give priority to meeting the domestic water needs of urban and rural residents, guarantee the basic ecological water use, and make overall plans for agriculture, industrial water use and shipping.

  Article 30 The relevant river basin management agencies of the water administrative department of the State Council, in consultation with the people’s government at the provincial level in the Yangtze River basin, shall formulate the inter-provincial river water allocation plan according to law, which shall be implemented after being approved by the department authorized by the State Council or the State Council. The opinions of the relevant departments of the State Council shall be sought for the formulation of the inter-provincial river water allocation scheme in the Yangtze River basin. The water administrative department of the people’s government at the provincial level in the Yangtze River Basin shall formulate a water allocation plan for the Yangtze River Basin within its administrative region, which shall be implemented after being approved by the people’s government at the corresponding level.

  According to the approved water allocation plan, the relevant river basin management organization of the water administrative department of the State Council or the water administrative department of the local people’s government at or above the county level in the Yangtze River basin shall prepare the annual water allocation plan and dispatching plan, and specify the requirements for the control of the flow and water level of relevant river sections and control sections.

  Article 31 The State shall strengthen the protection of ecological water use in the Yangtze River basin. The water administrative department of the State Council, together with the relevant departments of the State Council, put forward the ecological flow control indicators of the main stream of the Yangtze River, important tributaries and important lake control sections. Other river and lake ecological flow control indicators shall be determined by the water administrative department of the local people’s government at or above the county level in the Yangtze River basin in conjunction with the relevant departments of the people’s government at the corresponding level.

  The relevant river basin management agencies of the water administrative department of the State Council shall incorporate the ecological water quantity into the annual water dispatching plan, ensure the basic ecological water demand of rivers and lakes, ensure the ecological flow in dry season and fish spawning period, the water quantity and water level of important lakes, and ensure the balance of salt and fresh water in the Yangtze River estuary.

  Projects such as water conservancy, hydropower and shipping hubs in the main stream of the Yangtze River, important tributaries and the upper reaches of important lakes should incorporate ecological water dispatching into daily operation dispatching procedures, establish a conventional ecological dispatching mechanism, and ensure the ecological flow of rivers and lakes; If the discharge flow does not meet the requirements of ecological discharge, the water administrative department of the people’s government at or above the county level shall put forward rectification measures and supervise the implementation.

  Article 32 The relevant departments in the State Council and the local people’s governments at all levels in the Yangtze River Basin should take measures to speed up the reinforcement of dangerous reservoirs, promote the construction of dikes and flood storage and detention areas, improve the engineering standards for flood prevention, strengthen the joint dispatching of water projects, carry out river sediment observation and river regime investigation, establish flood control and disaster reduction engineering and non-engineering systems suitable for economic and social development, and improve the overall ability to prevent floods and droughts.

  Article 33 The State shall conduct scientific demonstration and strengthen control and management of water transfer across the Yangtze River basin. The implementation of water transfer across the Yangtze River basin should give priority to ensuring the water safety and ecological safety of the transfer-out area and its downstream area, and coordinate the water demand of the transfer-out area and the transfer-in area.

  Article 34 The State strengthens the protection of drinking water sources in the Yangtze River basin. The water administrative department of the State Council shall, jointly with relevant departments of the State Council, formulate a list of drinking water sources in the Yangtze River basin. The water administrative department of the people’s government at the provincial level in the Yangtze River Basin shall, jointly with the relevant departments of the people’s government at the corresponding level, formulate a list of other drinking water sources in this administrative region.

  The people’s governments at the provincial level in the Yangtze River Basin organize the delineation of drinking water source protection areas, strengthen the protection of drinking water sources and ensure the safety of drinking water.

  Article 35 The local people’s governments at or above the county level in the Yangtze River Basin and their relevant departments shall rationally arrange the water intakes of drinking water sources, formulate emergency plans for drinking water safety emergencies, strengthen the construction of standby emergency drinking water sources, and monitor the water environmental quality of drinking water sources in real time.

  Article 36 The local people’s governments at or above the county level in Danjiangkou reservoir area and its upstream area shall, in accordance with the management requirements of drinking water source safety protection zone, water quality impact control zone and water conservation ecological construction zone, strengthen the overall protection of landscape, forest, field, lake and grass, enhance the water conservation capacity, and ensure the stable water quality reaching the standard.

  Article 37 The State strengthens the protection of groundwater resources in the Yangtze River basin. The local people’s governments at or above the county level in the Yangtze River Basin and their relevant departments shall regularly investigate and evaluate the groundwater resources, monitor the groundwater quantity, water level and water environment quality, and take corresponding risk prevention measures to ensure the safety of groundwater resources.

  Thirty-eighth the State Council water administrative department in conjunction with the relevant departments of the State Council to determine the Yangtze River basin agricultural and industrial water efficiency targets, strengthen the construction of water metering and monitoring facilities; Improve the water resources demonstration system for planning and construction projects; Strengthen the water quota management of high water consumption industries and key water consumption units, and strictly control the construction of high water consumption projects.

  Article 39 The State shall make overall plans for the construction of nature reserves in the Yangtze River Basin. The State Council and the people’s governments at the provincial level in the Yangtze River Basin have established national parks, nature reserves, natural parks and other nature reserves in the complete distribution areas of important typical ecosystems, sensitive areas of ecological environment, natural concentrated distribution areas of precious wild animals and plants, important habitats and important natural relics in the Yangtze River Basin.

  Fortieth the State Council and the people’s governments at the provincial level in the Yangtze River Basin shall, in accordance with the law, delimit public welfare forests in important ecological areas and ecologically fragile areas in the Yangtze River Basin and implement strict management. The state strictly protects natural forests in the Yangtze River basin and scientifically delineates key areas for natural forest protection.

  The local people’s governments at or above the county level in the Yangtze River Basin should strengthen the protection of grassland resources in the Yangtze River Basin, and strictly manage the basic grasslands with special functions such as regulating climate, conserving water, conserving soil and water, preventing wind and fixing sand.

  The competent forestry and grassland authorities in the State Council and the people’s government at the provincial level in the Yangtze River Basin shall, jointly with the relevant departments of the people’s government at the corresponding level, publish the list of national and local important wetlands and the scope of protection in the Yangtze River Basin according to the needs of different ecological locations, ecosystem functions and biodiversity protection, strengthen the protection and management of wetlands in the Yangtze River Basin, and maintain the ecological functions and biodiversity of wetlands.

  Article 41 The competent department of agriculture and rural areas of the State Council shall, jointly with the relevant departments of the State Council and the provincial people’s government of the Yangtze River Basin, establish an evaluation system of aquatic organism integrity index in the Yangtze River Basin, organize the evaluation of aquatic organism integrity in the Yangtze River Basin, and take the results as an important basis for evaluating the overall situation of the Yangtze River Basin ecosystem. The integrity index of aquatic organisms in the Yangtze River basin should be connected with the water environment quality standards in the Yangtze River basin.

  Article 42 The competent agricultural and rural authorities in the State Council and the local people’s governments at or above the county level in the Yangtze River Basin shall formulate a plan for the protection of rare and endangered aquatic wildlife in the Yangtze River Basin, and give priority to the protection of rare and endangered aquatic wildlife in the Yangtze River Basin.

  The state encourages qualified units to carry out research on finless porpoises, baiji, paddlefish, Chinese sturgeon, Yangtze sturgeon, roe carp, Sichuan white turtle, Sichuan and Shaanxi hucho salmon, mullet, tong yu, scaly white turtle, Chinese herring and perch carp in the Yangtze River basin.

  It is forbidden to breed and put exotic species or other non-native germplasm resources in the open waters of the Yangtze River basin.

  Chapter IV Prevention and Control of Water Pollution

  Article 43 The competent department of ecological environment in the State Council and the local people’s governments at all levels in the Yangtze River Basin shall take effective measures to strengthen the prevention and supervision of water pollution in the Yangtze River Basin, so as to prevent, control and reduce water pollution.

  Forty-fourth the State Council ecological environment department is responsible for the development of water environment quality standards in the Yangtze River basin, and can make supplementary provisions for items not specified in the national water environment quality standards; More stringent regulations can be made on the items that have been stipulated in the national water environment quality standards. The opinions of the relevant departments of the State Council and the relevant provincial people’s governments shall be sought for the formulation of water environment quality standards in the Yangtze River basin. The people’s governments at the provincial level in the Yangtze River Basin may formulate local water environment quality standards that are stricter than those in the Yangtze River Basin and report them to the competent department of ecological environment in the State Council for the record.

  Article 45 The people’s governments at the provincial level in the Yangtze River Basin shall supplement and formulate local standards for the discharge of water pollutants for characteristic industries and endemic pollutants that do not have national standards for the discharge of water pollutants, or for specific water pollution sources or water pollutants that are explicitly required by the state, and report them to the competent department of ecological environment of the State Council for the record.

  Under any of the following circumstances, the people’s government at the provincial level in the Yangtze River Basin shall formulate local water pollutant discharge standards that are stricter than the national water pollutant discharge standards and report them to the competent department of ecological environment of the State Council for the record:

  (a) the industry is intensive and the water environment problem is outstanding;

  (two) the existing water pollutant discharge standards can not meet the requirements of water environment quality in the Yangtze River basin under its jurisdiction;

  (3) The water environment situation in a river basin or region is so complicated that it is impossible to apply uniform standards for the discharge of water pollutants.

  Forty-sixth people’s governments at the provincial level in the Yangtze River Basin shall formulate the control plan for total phosphorus pollution in their respective administrative areas and organize their implementation. For the main and tributaries of the Yangtze River where the production of phosphate rock and phosphate fertilizer is concentrated, the relevant provincial people’s governments should formulate stricter requirements for the control of total phosphorus emission and effectively control the total amount of total phosphorus emission.

  Enterprises such as phosphate mining and processing, phosphate fertilizer and phosphorus-containing pesticide manufacturing shall take effective measures to control the total phosphorus emission concentration and total emission in accordance with the requirements of pollutant discharge permit; Monitor the total phosphorus in the sewage outlet and the surrounding environment, and disclose the monitoring information according to law.

  Article 47 The local people’s governments at or above the county level in the Yangtze River Basin shall co-ordinate the construction of urban and rural centralized sewage treatment facilities and supporting pipe networks in the Yangtze River Basin, ensure their normal operation, and improve the capacity of urban and rural sewage collection and treatment.

  The local people’s governments at or above the county level in the Yangtze River Basin shall organize the investigation and rectification of the sewage outlets of rivers and lakes in their respective administrative areas, clarify the responsible subjects, and implement classified management.

  The construction, alteration or expansion of sewage outlets in rivers and lakes in the Yangtze River basin shall be reported to the competent department of ecological environment or the supervision and administration institution of ecological environment in the Yangtze River basin for approval in accordance with relevant state regulations. For water functional areas that fail to meet the water quality objectives, except for the sewage outlets of centralized sewage treatment facilities, new, modified or expanded sewage outlets should be strictly controlled.

  Article 48 The State shall strengthen the prevention and control of agricultural non-point source pollution in the Yangtze River basin. Agricultural production in the Yangtze River basin should scientifically use agricultural inputs, reduce the use of chemical fertilizers and pesticides, promote the use of organic fertilizers, and scientifically dispose of agricultural wastes such as agricultural films and crop straws.

  Article 49 It is forbidden to dump, bury, pile up, abandon or treat solid waste within the management scope of rivers and lakes in the Yangtze River basin. The local people’s governments at or above the county level in the Yangtze River Basin shall strengthen joint prevention and control of illegal transfer and dumping of solid waste.

  Article 50 The local people’s governments at or above the county level in the Yangtze River Basin shall organize investigation and evaluation of key groundwater pollution sources and surrounding groundwater environmental risks such as landfill sites, gas stations, mines, tailings ponds, hazardous waste disposal sites, chemical parks and chemical projects along the Yangtze River, and take corresponding risk prevention and remediation measures.

  Article 51 The State shall establish a mechanism combining pollution liability insurance for ships transporting dangerous goods in the Yangtze River basin with financial guarantee. The specific measures shall be formulated by the transportation department of the State Council in conjunction with the relevant departments of the State Council.

  It is forbidden to transport highly toxic chemicals on the water in the Yangtze River basin and other dangerous chemicals prohibited by the state from being transported by inland rivers. The transportation departments of the local people’s governments at or above the county level in the Yangtze River Basin shall, jointly with the relevant departments of the people’s governments at the corresponding levels, strengthen the control over the transportation of dangerous chemicals in the Yangtze River Basin.

  Chapter V Restoration of Ecological Environment

  Article 52 The state implements a systematic management of the ecosystem of the Yangtze River basin, which is based on natural restoration and combines natural restoration with artificial restoration. The competent department of natural resources of the State Council shall, jointly with the relevant departments of the State Council, prepare the ecological environment restoration plan of the Yangtze River Basin, organize the implementation of major ecological environment restoration projects, and promote the ecological environment restoration work in the Yangtze River Basin as a whole.

  Article 53 The State exercises strict fishing management in key waters of the Yangtze River Basin. A total ban on productive fishing in the aquatic biological reserve in the Yangtze River basin; Within the time limit prescribed by the state, the productive fishing of natural fishery resources will be completely banned in key waters such as the main stream and important tributaries of the Yangtze River, large Tongjiang lakes and the designated areas at the mouth of the Yangtze River. The specific measures shall be formulated by the competent agricultural and rural authorities of the State Council in conjunction with the relevant departments of the State Council.

  The competent department of agriculture and rural areas of the State Council, together with the relevant departments of the State Council and the provincial people’s government of the Yangtze River basin, will strengthen the enforcement of the ban on fishing in the Yangtze River basin, and severely investigate and deal with fishing behaviors that destroy fishery resources and ecological environment, such as electric fish, poisonous fish and fried fish.

  The local people’s governments at or above the county level in the Yangtze River Basin shall, in accordance with the relevant provisions of the state, do a good job in the compensation, production change and social security of fishermen who have retired from key waters in the Yangtze River Basin.

  Measures for the administration of fishing bans and restrictions in other waters of the Yangtze River Basin shall be formulated by local people’s governments at or above the county level.

  Article 54 The water administrative department of the State Council shall, jointly with the relevant departments of the State Council, formulate and organize the implementation of the restoration scheme for the connectivity of rivers and lakes in the main stream and important tributaries of the Yangtze River, and the people’s governments at the provincial level in the Yangtze River Basin shall formulate and organize the implementation of the restoration scheme for the connectivity of rivers and lakes in their respective administrative areas, so as to gradually improve the connectivity of rivers and lakes in the Yangtze River Basin, restore the ecological flow of rivers and lakes, and maintain the ecological functions of rivers and lakes.

  Article 55 The National Yangtze River Basin Coordination Mechanism shall coordinate and coordinate the State Council’s departments of natural resources, water administration, ecological environment, housing and urban and rural construction, agriculture and rural areas, transportation, forestry and grassland, and the people’s governments at the provincial level in the Yangtze River Basin to formulate norms for the shoreline restoration of rivers and lakes in the Yangtze River Basin and determine the shoreline restoration indicators.

  The local people’s governments at or above the county level in the Yangtze River Basin shall, in accordance with the requirements of the protection planning, restoration norms and indicators of the river and lake shoreline in the Yangtze River Basin, formulate and organize the implementation of the river and lake shoreline restoration plan to ensure the proportion of natural coastline and restore the ecological functions of the river and lake shoreline.

  It is forbidden to illegally use or occupy the coastline of rivers and lakes in the Yangtze River basin.

  Article 56 The relevant departments of the State Council, together with the relevant provincial people’s governments in the Yangtze River Basin, will strengthen the protection and restoration of the ecological environment in the water-level fluctuation zones in key reservoir areas such as the Three Gorges Reservoir Area and Danjiangkou Reservoir Area, implement returning farmland to forests and grasslands according to local conditions, prohibit the application of chemical fertilizers and pesticides, scientifically regulate the water level of reservoirs, strengthen the water and soil conservation and the prevention and control of geological disasters in the reservoir areas, and ensure the good ecological functions of the water-level fluctuation zones.

  Article 57 The competent forestry and grassland department of the local people’s government at or above the county level in the Yangtze River Basin is responsible for organizing and implementing the restoration plan of forests, grasslands and wetlands in the Yangtze River Basin, scientifically promoting the restoration of forests, grasslands and wetlands, and intensifying the restoration of degraded natural forests, grasslands and damaged wetlands.

  Article 58 The State shall increase its support for ecological environment restoration in key lakes such as Taihu Lake, Poyang Lake, Dongting Lake, Chaohu Lake and Dianchi Lake.

  The local people’s governments at or above the county level in the Yangtze River Basin shall organize the restoration of the ecological environment of eutrophic lakes, and take comprehensive measures such as adjusting the scale of industrial layout, implementing unified dispatching of controlled water projects, ecological water replenishment, and connecting rivers and lakes to improve and restore the quality and function of lake ecosystems; For lakes where the concentration of nitrogen and phosphorus seriously exceeds the standard, measures should be taken to reduce the amount of chemical fertilizers, prohibit the use of phosphorus-containing detergents, and comprehensively clean up feeding and fertilizing.

  Article 59 The competent departments of forestry, grassland, agriculture and rural areas in the State Council shall formulate restoration plans and action plans for the wild animals and plants in the Yangtze River basin, which are rapidly declining or extremely endangered, and the habitats, natural concentrated distribution areas and broken typical ecosystems, build ex-situ protection facilities, establish a gene bank of wild animal and plant genetic resources, and carry out rescue restoration.

  Ecological environment restoration and other protective measures should be implemented in important habitats such as spawning grounds, feeding grounds, wintering grounds and migration routes of aquatic organisms in the Yangtze River basin. Water-related projects that obstruct the migration of aquatic organisms such as fish should take various measures, such as building fish-crossing facilities, connecting rivers and lakes, ecological dispatching, irrigating rivers and receiving seedlings, gene preservation, proliferation and release, artificial breeding and so on, in combination with the actual situation, so as to fully meet the ecological requirements of aquatic organisms.

  Article 60 The water administrative department of the State Council shall, jointly with the relevant departments of the State Council and the local people’s government at the mouth of the Yangtze River, formulate and implement the ecological environment restoration and other protection measures at the mouth of the Yangtze River in accordance with the requirements of land-sea coordination and river-sea linkage, strengthen the comprehensive monitoring of water, sand, salt, tidal flat and biological population, take effective measures to prevent seawater intrusion and backflow, and maintain the good ecological function of the mouth of the Yangtze River.

  Article 61 Local people’s governments at or above the county level shall take measures to prevent and control soil erosion in key prevention areas and key control areas of the Yangtze River Basin. The soil erosion plots within the red line of ecological protection are mainly natural restoration, and returning farmland to forests, grasslands and wetlands in a planned way according to regulations; Permanent basic farmland included in the core protection area of nature reserves shall be withdrawn in an orderly manner according to law and replenished.

  It is forbidden to carry out production and construction activities that may cause soil erosion in areas with serious soil erosion and fragile ecology in the Yangtze River Basin. If it is really necessary to build because of the national development strategy and the national economy and people’s livelihood, it shall be scientifically demonstrated and the examination and approval procedures shall be handled according to law.

  The local people’s governments at or above the county level in the Yangtze River Basin should take comprehensive control measures to the rocky desertification land according to local conditions, repair the ecological system and prevent the spread of rocky desertification.

  Article 62 The local people’s governments at or above the county level in the Yangtze River Basin should take measures such as eliminating hidden dangers of geological disasters, land reclamation, restoring vegetation, and preventing and controlling pollution according to local conditions, speed up the restoration of the ecological environment of mines left over from history, strengthen the supervision and management of mines under construction and operation, and urge the mining right holders to earnestly fulfill their responsibilities of preventing and controlling mine pollution and restoring the ecological environment.

  Article 63 The local people’s governments at or above the county level in the middle and lower reaches of the Yangtze River Basin shall, according to local conditions, support the implementation of ecological environment restoration and other protective measures in the source and upper reaches of the Yangtze River Basin in terms of projects, funds, talents and management, so as to enhance the ability of implementing ecological environment restoration and other protective measures in the ecologically fragile areas of the Yangtze River Basin.

  In accordance with the principles of policy support, enterprise and social participation and market-oriented operation, the state encourages social capital to invest in ecological environment restoration in the Yangtze River basin.

  Chapter VI Green Development

  Article 64 The relevant departments of the State Council and the local people’s governments at all levels in the Yangtze River Basin shall adjust the industrial structure, optimize the industrial layout and promote the green development of the Yangtze River Basin in accordance with the requirements of the Yangtze River Basin development plan and the land and space planning.

  Article 65 The local people’s governments at all levels in the State Council and the Yangtze River Basin and their relevant departments shall jointly promote the implementation of the rural revitalization strategy and the new urbanization strategy, make overall plans for urban and rural infrastructure construction and industrial development, establish and improve a basic public service system with universal coverage, inclusive sharing and urban-rural integration, and promote the integrated development of urban and rural areas in the Yangtze River Basin.

  Article 66 The local people’s governments at or above the county level in the Yangtze River Basin shall promote the upgrading and transformation of industries such as steel, petroleum, chemicals, non-ferrous metals, building materials and ships, and raise the level of technology and equipment; Promote the clean transformation of enterprises such as papermaking, tanning, electroplating, printing and dyeing, non-ferrous metals, pesticides, nitrogen fertilizer, coking and raw material medicine manufacturing. Enterprises should reduce resource consumption and pollutant emissions through technological innovation.

  The local people’s governments at or above the county level in the Yangtze River Basin shall take measures to speed up the relocation and transformation of dangerous chemicals production enterprises in key areas.

  Article 67 The relevant departments of the State Council shall, jointly with the people’s governments at the provincial level in the Yangtze River Basin, establish an assessment mechanism for the green development of development zones, and organize regular assessments on the conservation and intensive utilization of resources and energy and the protection of ecological environment in various development zones.

  The local people’s governments at or above the county level in the Yangtze River Basin shall optimize and adjust the industrial products, energy conservation and emission reduction measures in the Development Zone according to the evaluation results.

  Article 68 The State encourages and supports the implementation of water-saving technological transformation in key industries and key water users in the Yangtze River basin to improve the efficiency of water resources utilization.

  The local people’s governments at or above the county level in the Yangtze River Basin should strengthen the construction of water-saving cities and water-saving parks, promote the development of water-saving industries and enterprises, and accelerate the construction of a sponge city with natural accumulation, natural infiltration and natural purification of rainwater.

  Article 69 The local people’s governments at or above the county level in the Yangtze River Basin shall, in accordance with the requirements of green development, make overall planning, construction and management, improve the quality of urban and rural human settlements, and build beautiful towns and beautiful countryside.

  The local people’s governments at or above the county level in the Yangtze River Basin shall organize and implement toilet renovation according to local conditions in accordance with the principles of ecology, environmental protection, economy and practicality.

  The relevant departments of the State Council and the local people’s governments at or above the county level in the Yangtze River Basin and their relevant departments shall strengthen the management of the use of building materials in new urban areas and various development zones, encourage the use of energy-saving and environmental-friendly building materials with high performance, and build underground utility tunnel and pipe networks.

  The local people’s governments at or above the county level in the Yangtze River Basin shall build an information platform for the comprehensive utilization of waste debris, strengthen the management of the collection, removal and centralized stacking of waste debris from production and construction activities, and encourage the comprehensive utilization.

  Article 70 The local people’s governments at or above the county level in the Yangtze River Basin shall compile and organize the implementation of the tidal flat planning of aquaculture waters, rationally delimit the prohibited areas, restricted areas and aquaculture areas, and scientifically determine the scale and density of aquaculture; Strengthen the management of aquaculture inputs, guide and standardize aquaculture and proliferation activities.

  Article 71 The State shall strengthen the construction of a comprehensive three-dimensional transportation system in the Yangtze River basin, improve the water transport infrastructure such as ports and waterways, promote the interconnection of transportation facilities, realize the organic connection between land and water, and realize the direct intermodal transport between rivers and seas, so as to enhance the function of the golden waterway of the Yangtze River.

  Article 72 The local people’s governments at or above the county level in the Yangtze River Basin shall co-ordinate the construction of facilities for receiving, transporting and disposing pollutants from ships and liquefied natural gas filling stations from ships, formulate plans for the construction and renovation of port shore power facilities and ship power receiving facilities, and organize their implementation. Ships that have the conditions to use shore power should use shore power in accordance with the relevant provisions of the state, except those that use clean energy.

  Article 73 the State Council and the local people’s governments at or above the county level in the Yangtze River Basin shall provide financial support or policy support for the upgrading and reconstruction of ports, waterways and ships in the Yangtze River Basin, the construction of clean energy or new energy power ships such as liquefied natural gas power ships, and the green design of ports in accordance with regulations.

  The State Council and the local people’s governments at or above the county level in the Yangtze River Basin provide financial subsidies, preferential electricity prices and other policy support for the transformation and use of port shore power facilities and ship power receiving facilities in the Yangtze River Basin.

  Article 74 The local people’s governments at all levels in the Yangtze River Basin shall strengthen publicity and education on green consumption of urban and rural residents, and take effective measures to support and guide residents’ green consumption.

  The local people’s governments at all levels in the Yangtze River Basin, in accordance with the principles of systematic promotion, extensive participation, focusing on key points and classified policies, have taken measures such as recovering deposits, restricting the use of plastic products that are easy to pollute and are not easy to degrade, green design, and developing public transportation to promote a simple, moderate, green and low-carbon lifestyle.

  Chapter VII Guarantee and Supervision

  Seventy-fifth the State Council and the local people’s governments at or above the county level in the Yangtze River Basin should increase financial input for the protection and restoration of the ecological environment in the Yangtze River Basin.

  The people’s governments at the provincial level in the State Council and the Yangtze River Basin shall, in accordance with the principle of the division of financial powers and expenditure responsibilities between the central and local governments, arrange special funds for the protection and restoration of the ecological environment in the Yangtze River Basin. The competent department of natural resources in the State Council shall, jointly with the relevant departments of finance and ecological environment in the State Council, formulate policies and measures to rationally use social funds to promote the restoration of ecological environment in the Yangtze River basin.

  The state encourages and supports scientific and technological research, development, popularization and application in the protection and restoration of the ecological environment in the Yangtze River basin.

  The state encourages financial institutions to develop green credit, green bonds, green insurance and other financial products to provide financial support for ecological environment protection and green development in the Yangtze River basin.

  Article 76 The state establishes a compensation system for ecological protection in the Yangtze River basin.

  The state has increased financial transfer payments to compensate important areas with ecological functions such as the source of the main stream and important tributaries of the Yangtze River and water conservation areas in the upper reaches. The specific measures shall be formulated by the finance department of the State Council in conjunction with the relevant departments of the State Council.

  The state encourages the local people’s governments in the upper and lower reaches, the left and right banks and the main tributaries of the Yangtze River basin to carry out compensation for horizontal ecological protection.

  The state encourages social funds to establish a market-oriented compensation fund for ecological protection in the Yangtze River basin; Encourage relevant subjects to carry out ecological protection compensation by means of voluntary consultation.

  Article 77 The state strengthens the construction of judicial guarantee in the Yangtze River basin and encourages relevant units to provide legal services for the protection of the ecological environment in the Yangtze River basin.

  Administrative law enforcement organs, people’s courts and people’s procuratorates at all levels in the Yangtze River Basin shall, in the process of investigating and handling illegal acts of Yangtze River protection or related cases according to law, find suspected criminal acts, and shall transfer the criminal clues to the organs with investigation and investigation powers.

  Article 78 The state practices the responsibility system for ecological environment protection in the Yangtze River basin and the assessment and evaluation system. The people’s government at a higher level shall assess the completion of the ecological environment protection and restoration objectives of the people’s government at a lower level.

  Article 79 Relevant departments of the State Council and local people’s governments at or above the county level in the Yangtze River Basin shall, in accordance with the provisions of this Law and the division of responsibilities, supervise and inspect all kinds of protection, development and construction activities in the Yangtze River Basin, and investigate and punish illegal acts such as destroying natural resources, polluting the environment and damaging the ecosystem of the Yangtze River Basin according to law.

  Citizens, legal persons and unincorporated organizations have the right to obtain relevant information on the protection of the ecological environment in the Yangtze River basin according to law, and report and accuse illegal acts such as destroying natural resources, polluting the environment in the Yangtze River basin and damaging the ecosystem in the Yangtze River basin.

  The relevant departments of the State Council and the local people’s governments at all levels in the Yangtze River Basin and their relevant departments shall disclose the information related to the ecological environment protection in the Yangtze River Basin according to law, improve the procedures for public participation, and provide convenience for citizens, legal persons and unincorporated organizations to participate in and supervise the ecological environment protection in the Yangtze River Basin.

  Article 80 The relevant departments of the State Council and the local people’s governments at all levels in the Yangtze River Basin and their relevant departments shall jointly enforce the law on cross-administrative areas, ecologically sensitive areas, areas with high incidence of ecological and environmental violations and major illegal cases in the Yangtze River Basin.

  Article 81 The relevant departments of the State Council and the people’s governments at the provincial level in the Yangtze River basin may interview the principal responsible persons of the local people’s governments at or above the county level and their relevant departments in areas where the Yangtze River protection work is ineffective, the problems are prominent and the masses are concentrated, and ask them to take measures for timely rectification.

  Eighty-second the State Council should regularly report to the NPC Standing Committee on the ecological environment and the protection and restoration of the Yangtze River basin.

  The local people’s governments at or above the county level in the Yangtze River Basin shall regularly report to the people’s congresses at the corresponding levels or their standing committees on the protection and restoration of the ecological environment of the Yangtze River Basin by the people’s governments at the corresponding levels.

  Chapter VIII Legal Liability

  Article 83 If the relevant departments in the State Council and the local people’s governments at all levels in the Yangtze River valley and their relevant departments violate the provisions of this Law and commit any of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given a warning, demerit, serious demerit or demotion according to law; If serious consequences are caused, he shall be dismissed or expelled, and the main person in charge shall take the blame and resign:

  (a) does not meet the requirements of administrative licensing, administrative licensing;

  (two) according to the law should be ordered to suspend business, closure and other decisions have not been made;

  (three) found illegal acts or received a report not to investigate and deal with according to law;

  (four) other dereliction of duty, abuse of power, corruption.

  Article 84 Anyone who violates the provisions of this Law and commits any of the following acts shall be ordered by the relevant competent department to stop the illegal act, given a warning and fined between 10,000 yuan and 100,000 yuan according to the division of responsibilities; If the circumstances are serious, a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed:

  (a) the ship is sailing in the area where navigation is prohibited;

  (2) Sailing in areas where navigation is prohibited in important habitats of aquatic organisms with consent, and failing to take necessary measures to reduce the interference to important aquatic organisms;

  (three) water conservancy, hydropower, shipping hub and other projects have not included ecological water dispatching in the daily operation and dispatching procedures;

  (four) the ship with the conditions for the use of shore power fails to use shore power in accordance with the relevant provisions of the state.

  Article 85 Anyone who, in violation of the provisions of this Law, cultivates or releases exotic species or other non-native germplasm resources in the open waters of the Yangtze River Basin shall be ordered by the competent agricultural and rural departments of the people’s governments at or above the county level to catch them back within a time limit and be fined not more than 100,000 yuan; If serious consequences are caused, a fine of not less than 100,000 yuan but not more than 1 million yuan shall be imposed; If it fails to be recaptured within the time limit, the competent department of agriculture and rural affairs of the relevant people’s government shall recapture it or take measures to reduce the negative impact, and the expenses required shall be borne by the violator.

  Article 86 Anyone who, in violation of the provisions of this Law, engages in productive fishing in the aquatic life protection zone in the Yangtze River basin, or engages in productive fishing of natural fishery resources during the fishing ban period in key waters such as the main stream and important tributaries of the Yangtze River, large Tongjiang lakes, and areas specified at the mouth of the Yangtze River, shall be confiscated by the competent agricultural and rural departments of the people’s governments at or above the county level, as well as fishing boats, fishing gear and other tools used for illegal activities, and shall be fined not less than 10,000 yuan but not more than 50,000 yuan; Fishing by electric fish, poisonous fish, fried fish, etc., or if there are other serious circumstances, a fine of not less than 50 thousand yuan but not more than 500 thousand yuan shall be imposed.

  Where the catch specified in the preceding paragraph is purchased, processed or sold, the agricultural and rural areas, market supervision and management departments of the people’s government at or above the county level shall, in accordance with the division of responsibilities, confiscate the catch and its products and illegal income, and impose a fine of not less than ten times but not more than twenty times the value of the goods; If the circumstances are serious, the relevant production and business license shall be revoked or ordered to close down.

  Article 87 Whoever, in violation of the provisions of this Law, illegally encroaches on the waters of rivers and lakes in the Yangtze River basin, or illegally uses or occupies the shoreline of rivers and lakes, shall be ordered by the water administrative department, natural resources department and other competent departments of the people’s government at or above the county level to stop the illegal act, dismantle it within a time limit and restore it to its original state. The expenses incurred shall be borne by the violator, the illegal income shall be confiscated and a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed.

  Article 88 Anyone who violates the provisions of this Law and commits any of the following acts shall be ordered by the competent department of ecological environment and natural resources of the people’s government at or above the county level to stop the illegal act, dismantle it within a time limit and restore it to its original state. The expenses incurred shall be borne by the violator, the illegal income shall be confiscated, and a fine of not less than 500,000 yuan but not more than 5 million yuan shall be imposed, and a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed on the directly responsible person in charge and other directly responsible persons. If the circumstances are serious, it shall be reported to the people’s government with the right of approval and ordered to close down:

  (1) Building or expanding chemical parks and chemical projects within one kilometer of the coastline of the main tributaries of the Yangtze River;

  (two) new construction, renovation and expansion of tailings ponds within three kilometers of the coastline of the main stream of the Yangtze River and one kilometer of the coastline of important tributaries;

  (three) production and construction activities in violation of the provisions of the ecological environment access list.

  Article 89 Where an enterprise in the Yangtze River valley, such as phosphate mining and processing, phosphate fertilizer and phosphorus-containing pesticide manufacturing, violates the provisions of this Law and discharges phosphorus-containing water pollutants in excess of the discharge standards or total control targets, the competent department of ecology and environment of the people’s government at or above the county level shall order it to stop the illegal act and impose a fine of not less than 200,000 yuan but not more than 2 million yuan, and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan on the directly responsible person in charge and other directly responsible personnel; If the circumstances are serious, it shall be ordered to suspend production for rectification, or it shall be ordered to close down after being approved by the people’s government with the right of approval.

  Article 90 Whoever, in violation of the provisions of this Law, transports highly toxic chemicals and other dangerous chemicals prohibited by the state from being transported by inland rivers on the Yangtze River basin shall be ordered by the transportation department of the people’s government at or above the county level or the maritime administrative agency to make corrections, confiscate the illegal income, and impose a fine of not less than 200,000 yuan but not more than 2 million yuan, and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan on the directly responsible person in charge and other directly responsible personnel; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke the relevant license.

  Article 91 Anyone who, in violation of the provisions of this Law, engages in sand mining activities in the Yangtze River basin without obtaining a license according to law, or engages in sand mining activities in the sand mining prohibition area and during the sand mining prohibition period, shall be ordered by the relevant river basin management agency of the the State Council water administrative department or the water administrative department of the local people’s government at or above the county level to stop the illegal act, confiscate the illegal income and the vessels, equipment and tools used for illegal activities, and impose a fine of not less than two times but not more than twenty times the value of the goods; If the value of the goods is less than 100,000 yuan, a fine of more than 200,000 yuan and less than 2 million yuan shall be imposed; If the river sand mining license has been obtained, the river sand mining license shall be revoked.

  Article 92 Where this Law does not provide for administrative penalties for illegal acts such as destroying natural resources, polluting the environment and damaging the ecosystem of the Yangtze River Basin, the provisions of relevant laws and administrative regulations shall apply.

  Article 93 The infringer shall bear the tort liability if he pollutes the environment and destroys the ecology of the Yangtze River basin and causes damage to others.

  If the violation of state regulations causes damage to the ecological environment of the Yangtze River basin, the state-stipulated organ or the organization prescribed by law has the right to request the infringer to bear the responsibility of repair, compensate the losses and related expenses.

  Article 94 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.

  Chapter IX Supplementary Provisions

  Article 95 The meanings of the following terms in this Law:

  (1) The term "main stream of the Yangtze River" as mentioned in this Law refers to the main reach of the Yangtze River from its source to its mouth, which flows through Qinghai, Sichuan, Xizang Autonomous Region, Yunnan, Chongqing, Hubei, Hunan, Jiangxi, Anhui, Jiangsu and Shanghai;

  (2) Tributaries of the Yangtze River mentioned in this Law refer to rivers that directly or indirectly flow into the main stream of the Yangtze River, and tributaries can be divided into first-class tributaries and second-class tributaries, etc.

  (3) The important tributaries of the Yangtze River mentioned in this Law refer to tributaries with a basin area of over 10,000 square kilometers, among which the first-class tributaries with a basin area of over 80,000 square kilometers include Yalong River, Minjiang River, Jialing River, Wujiang River, Xiangjiang River, Yuanjiang River, Hanjiang River and Ganjiang River.

  Article 96 This Law shall come into force as of March 1, 2021.

  (Xinhua News Agency, Beijing, December 26th)