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)

　　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)

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

　　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.

Recently, Jiangsu Provincial Highway Network Planning (2023-2035) (hereinafter referred to as "Planning") was approved by the provincial government.

The Plan proposes that by 2035, a modern high-quality provincial highway network with reasonable layout, prominent focus, convenience, high efficiency, green intelligence, safety and reliability will be formed, with world-class service quality and network efficiency, which will strongly support Jiangsu Highway to take the lead in realizing modernization, highlight the development values of "better serving the public" and fully adapt to the growing and beautiful travel needs of the people. Among them, the general provincial highway planning forms a network layout of 6 shots, 54 vertical lines, 40 horizontal lines and 44 links, with a total mileage of about 10,354 kilometers.

　　

According to the Plan, our province will give priority to routes with strategic functions, focusing on national strategies such as the joint construction of the Belt and Road Initiative, the development of the Yangtze River Economic Belt and the integrated development of the Yangtze River Delta, and supporting the development of "1+3" key functional areas. Give priority to the implementation of regional trunk lines with significant functions, and improve the layout of provincial highways in comprehensive transportation corridor with "seven verticals and six horizontals". Give priority to the formation of urban trunk highway loop, orderly promote the rapid transformation of key sections such as busy trunk lines and short-straight connecting roads in cities and counties, and straighten out the relationship between provincial highways and urban nodes. Give priority to inter-provincial and inter-city connecting lines, and further strengthen inter-provincial and inter-city interconnection.

Through the implementation of this round of planning, our province will strengthen the connection of Lianyungang Port, Nanjing Lukou International Airport, Suzhou Lujiabang Freight Yard and other major hubs, improve the connecting lines of river-crossing passages, and significantly enhance the service capabilities of the "One Belt and One Road" initiative and the national strategy for the development of the Yangtze River Economic Belt. 19 inter-provincial interfaces were added, which further improved the level of interconnection with the highway networks of Shanghai, Zhejiang and Anhui provinces, and strengthened the support for the integrated development strategy of the Yangtze River Delta. Connecting all major ports along the Yangtze River and coastal areas, major inland river operation areas, transportation airports, important railway stations and other hubs, the ability of ordinary national provincial highway network to serve important transportation hubs has been further strengthened, and the collection and distribution efficiency of various transportation hubs has been significantly improved.

The provincial government’s approval requires that, in accordance with the requirements of accelerating the construction of a modern comprehensive transportation system, we should pay attention to the convergence of planning and implementation of roads, railways, water transport and aviation, make overall plans to promote coordinated development and give full play to the overall benefits of the comprehensive transportation network; Establish and improve the coordination and promotion mechanism of planning implementation, incorporate the planning results into the land spatial planning at all levels and localities as soon as possible, do a good job in pre-control of planning corridors, strengthen coordination and coordination, and strengthen the guarantee of elements to ensure the smooth implementation of the plan. (Office of Comprehensive Planning, Office of Highway Center, Planning Center)

　　Young people play sports, and if they want to play, they will play the most fashionable!

　　Cool skateboarding, fashionable rock climbing, exciting surfing and dynamic break dancing … … The Paris Olympic Games is in full swing, and these new Olympic events have also set off waves of climax in the circle of young people.

　　On September 22, 2020, General Secretary of the Supreme Leader pointed out at the symposium of experts in the field of education, culture, health and sports that sports is an important way to improve people’s health and an important means to satisfy people’s yearning for a better life and promote people’s all-round development.

　　New sports, new youth and new formats, the young people in China now find the fun of sports and experience the beauty of life in the new Olympic events, and let the world see the passion and vitality of the new youth in China.

　　Rock climbing "climbing" into the Olympic Games Image source: Xinhua News Agency

　　New movement

　　Tide-playing events into the Olympic Games

　　Skateboarding, rock climbing, surfing, break dancing, these young people’s trendy sports, if you haven’t experienced any of them, then OUT!

　　In the 2024 Paris Olympic Games, four events made their debut in the Olympic Games. These events have a common feature — — The athletes on the field are only teenagers, and many spectators off the field are also minors. The Olympic Games, with a long history, began to embrace teenagers and become younger.

　　Strong sports will make China strong, and national prosperity will make sports prosperous. On April 8, 2022, General Secretary of the Supreme Leader emphasized in his speech at the summary and commendation meeting of Beijing Winter Olympics and Winter Paralympics that we should continue to promote sports reform and innovation, strengthen sports science and technology research and development, improve the national fitness system, and enhance the people’s awareness of physical fitness, especially young people.

　　Just before the opening of the Paris Olympic Games, 806 teenagers participated in the first race of the 2024 National Youth U Series Rock Climbing League held in Meishan, Sichuan. As a once minority sport, rock climbing is increasingly favored by young people in China.

　　China’s skaters appeared in the Paris Olympic Games. Photo source: Xinhua News Agency.

　　"If the past decade was the 1.0 version of the popularization and promotion of rock climbing in China, it has gone up a step this year and entered the 2.0 version." Ding Xianghua, director of the Youth Development Department of the Mountaineering Management Center of the State Sports General Administration, said that with rock climbing entering the Olympic Games, this tide play project has developed rapidly in China.

　　In the early days of the development of rock climbing in China, there was only one national youth competition every year. By this year, there are 8 to 10 national youth competitions held in chinese mountaineering association alone, and the public welfare promotion activity "National Rock Climbing Hope Star" is expected to reach more than 400 games throughout the year.

　　Zhao Yicheng "climbed over the eaves" in the rock climbing competition of Jiangsu National Games.

　　A handsome 13-year-old boy "climbed over the eaves" and made it to the top in the rock climbing field of the 20th Jiangsu Sports Meeting. His name is Zhao Yicheng. He tried rock climbing for the first time at the age of 6. In addition to two gold medals in the provincial games, he also won national championships many times. After rock climbing was included in the Olympic Games, he was even more eager to participate in the Olympic Games in the future, win the gold medal and win glory for his country.

　　New youth

　　11-year-old "child sister" landed at the Olympic Games

　　As night falls, a group of teenagers are feeling the speed of the wind with the ups and downs of the ramp on the skateboarding ground in night is still young, Xicheng, Nanjing.

　　A group of teenagers are skateboarding on the skateboarding ground in night is still young, Xicheng, Nanjing.

　　In China, fashionable, exciting and dynamic skateboarding, rock climbing, surfing and break dancing attract the participation of teenagers.

　　At the Paris Olympic Games, the youngest athlete in China’s sports delegation came from skateboarding. Zheng Haohao, who is only 11 years old, took part in the Olympic Games in the summer vacation and played in the skateboarding women’s bowl pool project.

　　Olympic athletes from China represent the Olympic spirit and Chinese sports spirit. On August 25th, 2016, General Secretary of the Supreme Leader pointed out in his speech when meeting with all members of the China sports delegation of the 31st Olympic Games that he hoped comrades would continue to carry forward the Olympic spirit and Chinese sports spirit, further enhance the comprehensive strength of competitive sports in China, make competitive sports better, faster, higher and stronger, improve their ability to win glory for the country in major international competitions, and effectively promote the development of mass sports.

　　From competitive sports to mass sports, China sportsmen have been practicing the entrustment of the General Secretary.

　　Skateboarding is a sport with a strong mass base. Zheng Haohao began to practice skateboarding at the age of 7, and became the youngest skater in the 14th National Games at the age of 8. At the age of 10, he won the gold medal in the bowl pool of China Skateboarding Open and played in the Olympic Games at the age of 11.

　　The Olympic Skateboard Bowl Pool Competition is held in a groove filled with various curves and cambered surfaces. Athletes use these cambered surfaces to increase the take-off height and complete various difficult movements in the air, which is in line with the spirit of the younger generation to pursue coolness, excitement and adventure.

　　Since ancient times, heroes have been teenagers, especially when playing sports. In the Paris Olympic Games, the China sports delegation achieved "full participation" in skateboarding, rock climbing, surfing and break dancing, and the athletes were also after 00, 05 or even 10.

　　China’s "children’s elder sister" and "children’s elder brother" have put the tide play project into the Olympic Games, and let the whole world see the elegant demeanour of young people in China.

　　China athlete Qi Xiangyu was in the break dance competition.

　　new business forms

　　The niche track of "grounding gas" is making efforts.

　　Fast rubbing pace, difficult handstand posture, and rhythmic music … … Many people can’t help but wonder when they watch it for the first time: Where on earth did these people learn such a strange dance? This is break dancing.

　　Break dancing is a kind of technical hip-hop dance with personal style as the mainstay. Nowadays, break dancing has also entered the public’s field of vision from "street culture", and it has become a brand-new event in this year’s Olympic Games.

　　In the midsummer weekend, 218 break dancers from 12 clubs in Shanghai gathered in Qingpu District, and the two-day first National Fitness Competition (Shanghai, East China) was successfully concluded.

　　Enthusiastic break dancing makes the audience excited, while the break dancing rooted in the street is deeply rooted in people’s hearts by means of "grounding gas". In 2024, Ningxia Youth Break Dance Championship, "Star Dance Club-Youth Break Dance Series" and other similar competitions and activities were also held frequently throughout the country, encouraging young people to play and be true to themselves.

　　At the scene of the Olympic Qualification Series in Shanghai, Shi, who has been engaged in street dance promotion for nearly 20 years, admitted that only a few people knew about break dancing when the street dance brand CASTER was just established, so there were only a handful of street dance institutions. At that time, similar street dance institutions in Shanghai were "one or two, two or three". Nowadays, after the rapid development in recent years, break dancing has already entered the general public, and many people are no longer strangers to this dance. "Now there are hundreds of street dance institutions in Shanghai." From the stone’s point of view, the natural attraction to young people is an important reason why break dancing will continue to be hot in the future.

　　International Olympic Committee President Bach once said: "Break dancing is a real expression. The audience can strongly feel the personalized expression and performance of athletes. Break dancing can not only convey the sports atmosphere, but more importantly, it can let the audience see ‘ You ’ Self-expression. " The fiery break dancing also reflects the fine tradition of China sports, which is not afraid of setbacks, brave in struggle and daring to win.

　　Surfing Competition at the Paris Olympic Games Photo source: Xinhua News Agency

　　Similar to break dancing, surfing, sailing and other water sports have also become popular with the Olympic East Wind. In Nanjing Jinniu Lake Olympic Sailing Center, sailing summer camp, sailing day camp, water exploration camp and many other activities led young people to start the first water "dopamine" trip. In recent years, indoor surfing halls all over the country have mushroomed. Through innovative technology, surfing simulators are used to provide residents with a year-round surfing experience. The application of this technology not only provides new possibilities for the popularization of surfing, but also opens up a new track for industrial development.

　　Teenagers feel the charm of sailing Photo source: Jinniu Lake Olympic Sailing Center

　　Data from a number of e-commerce platforms show that since the opening of the Paris Olympic Games, Olympic feelings have stimulated the consumption willingness of sports fans. Swimming, badminton, archery, indoor surfing, rock climbing and other projects have become the most searched items by consumers, and the sales of related products have soared.

　　From the crowd to the public, from the public to the people, sports are full of vitality, inspiring people’s enthusiasm for life.

　　On February 5, 2022, the Chairman of the Supreme Leader emphasized in his speech at the welcome banquet of the Beijing 2022 Winter Olympics: "We should practice the purpose of the Olympic Movement and continue to promote the cause of human progress. The goal of the Olympic movement is to realize the all-round development of people. "

　　Let’s move together with our Olympic counterparts and feel the charm of sports during the 16th National Fitness Day and the 2nd Sports Publicity Week.

　　Modern Express/Modern+Reporter Wang Wei Song Jingwei/Wen Guwei/photo

CCTV News:Yani National Wetland Park is located at the intersection of Yarlung Zangbo River and Niyang River, and its ecological location is very important. Recently, the Xizang Yani Wetland Ecosystem National Positioning Observation and Research Station was officially listed, and the wetland scientific research will take an important step.

On July 21st, Xizang Yani Wetland Ecosystem National Positioning Observation and Research Station was officially launched. Researchers from Chinese Academy of Sciences, Wuhan University, Tibet University and other research institutes and universities gathered here, and they will jointly start a new stage of scientific protection, rational utilization and all-round development of Yani Wetland.

La Qiong, leader of ecology discipline of Tibet University:We have just started an ontological survey of biodiversity in the whole wetland ecosystem. In the next step, we will establish a more perfect monitoring system to fully grasp the dynamic change law of wetlands and provide scientific basis for wetland protection.

Zong Yi, Deputy Director of Forestry and Grassland Bureau of Xizang Autonomous Region:We should adhere to the road of ecological priority and green development, strive to build a harmonious modernization between man and nature, and earnestly protect the ecology of roof of the world.

It is understood that Yani National Wetland Park has a total area of 8,738 hectares and is rich in biodiversity. It is the wintering habitat of many rare birds such as black-necked cranes and striped geese. Since 2016, four wetland protection and restoration projects have been implemented, including Yani Wetland Protection and Restoration Project and Yani Wetland Subsidy from Forestry Reform and Development Fund. The wetland protection function has been gradually improved. Up to now, the vegetation restoration area has reached 1,839 mu, accounting for 21% of the total wetland area.

　　[Global Network Report] According to a report on the 6th local time in New York Post, USA, Jordan Neely, a homeless black man in new york, was strangled to death by Daniel Penny, a white man, on the subway a few days ago. Penny was released on the same day after being inquired by the local police, which triggered continuous protests from new york people. On the evening of the 6th, a group of protesters even jumped into the subway track to force the oncoming subway to stop, and there were clashes between the police and the protesters. According to law enforcement sources, seven people were arrested in the protest on the 6th.

New York Post said that on the evening of the 6th, a group of protesters jumped into the subway track to stop the oncoming subway, and there was a clash between the police and the protesters.

　　Regarding the cause of the protests, according to local media reports, Nelly, 30, shouted loudly on the subway on May 1, and was later subdued by Penny, a 24-year-old retired naval soldier. Nelly then fell into a coma and was pronounced dead in the hospital. The local police questioned Penny and released him on the same day. The forensic doctor confirmed that Nelly died of homicide on the 3rd.

　　New York Post said that the video showed that at about 6 pm local time on the 6th, at a subway station in new york, several protesters jumped into the subway track and forced the oncoming subway to stop. Protesters shouted "no justice, no peace", while in the background, police could be heard trying to call for order. The demonstrators called for justice for Neely. This dangerous move led to the temporary suspension of the subway station.

　　According to the report, a few minutes later, the police were able to let the demonstrators leave the tracks, so that the subway could enter the station, but the demonstrators continued to try to obstruct the traffic service, and some people began to prevent passengers from getting off the subway. When the police began to evacuate, there was a physical conflict between the protesters and the police. According to the report, some protesters pushed the police, which ignited a "small-scale scuffle." During the conflict, new york police subdued several protesters and arrested them. The report mentioned that some of the protesters shouted "I can’t breathe" to the police, which was a protest slogan when the black man Freud was killed by the American police in 2020.

　　The United States has long faced ethnic conflicts and racial discrimination. As a financial center, new york is also plagued by chronic diseases such as housing shortage, people’s mental health problems not being solved in time, influx of illegal immigrants, drug abuse and deterioration of social security.

　　First, the reporting time

　　From now until May 5, 2023.

　　Second, the report object

　　In key network platforms such as social networking, short video and webcasting, there are public accounts of Internet users who violate laws and regulations.

　　(1) Spreading rumors, harmful information and false news "from the media"

　　1. spread rumors and rumors. First, fabricate false events and bizarre stories, fabricate the reasons, details, progress or results of the incident, and create rumors out of nothing. The second is to gather old news and stories, stir up cold meals, use news from different places to piece together, select irrelevant people, pictures, audio and video malicious associations, and substitute flowers to create false news. Third, under the banner of "classics of Chinese studies" and "Red Digest", he fabricated poems or speeches of the older generation of revolutionaries.

　　2. concoct harmful information. Take advantage of public policies, macroeconomic situation, major disasters and accidents, social hot events, etc., distort interpretation out of context, reverse right and wrong smear attacks, exaggerate sadness and incite opposition, and create harmful information that damages the image of the party and the government and interferes with economic and social development.

　　3. Malicious hype. By means of backward movement, "headline party" hype, centralized publication of similar copywriting, and multi-account linkage posting, the behavior of spreading rumors, false news and harmful information that you know or should know is still wanton. When rumors and false news have been clarified and harmful information has been verified, they still blindly follow the trend and follow suit, carrying and spreading rumors, false news and harmful information.

　　(two) counterfeiting official institutions, news media and specific personnel "from the media"

　　1. Use account name information for counterfeiting. First, in the account name information such as name, avatar, profile, etc., the same or similar names and logos are used to counterfeit the "self-media" of party, government and military organs, institutions and news media. The second is to use the geographical names of administrative divisions at or above the county level in the account name information without authorization and mislead the public from the media. Third, by changing the account name, modifying the personalized signature, and setting up a new user profile, pretending to be the "self-media" of official institutions, news media staff and other specific personnel.

　　2. Use information content to counterfeit. First, the "self-media" lied about the details of the so-called hot event parties, relatives and friends or related personnel breaking the news and asking for help information. The second is to tamper with and intercept official press conferences, circulars and other contents, and make "self-media" that publishes false circulars and other information. The third is "self-media" with the same or similar scenery as TV news programs in the background of live broadcast or short video.

　　3. Counterfeiting without professional qualification. Without qualifications in the fields of education, justice, medical and health care, they use the titles of "teacher", "professor", "lawyer" and "doctor" to impersonate and impersonate professionals, and publish information from the media in the fields of parenting, educational psychology, interpretation of laws and regulations, case analysis, popularization of medical knowledge and interpretation of epidemic situation.

　　(C) "from the media" illegal profit-making behavior

　　1. Stir-fry hot spots to absorb powder and drain. "Self-media" gains popularity through improper comments, random interpretations, one-sided misinterpretation of public policies and social hot events, takes the opportunity to promote and sell goods, courses or services, accepts rewards from users, opens paid consultation, and brings goods in the live broadcast room; Under the banner of visiting, tracking, helping and rescuing, we will set up live broadcasts and shoot videos at disaster or accident sites, hot events and places related to hot people to consume disasters and take advantage of the situation to drain them.

　　2. Create hot spots and flow. First, after the major case, it provoked public sentiment and created secondary public opinion by malicious speculation, spreading conspiracy theories and collecting relevant information. The second is to deliberately select high-profile topics such as private economy, family conflicts, marriage and childbirth, and publish controversial and misleading remarks to incite opposition and tear social consensus. The third is to create "inspirational online celebrity" and vulgar people who violate public order and good customs, so as to grandstanding and harvest traffic.

　　3. Use vulnerable groups to realize traffic. First, cajole, lure the elderly to shoot videos, set up live broadcasts, and defraud netizens to like, reward and donate. The second is to deceive and seduce disabled people and gain traffic through illegal and immoral ways such as selling badly, spoofing and abuse. The third is to ignore the physical and mental health of minors and use them for profit.

　　Further reading: Regulations on the Administration of Internet Users’ Public Account Information Services (http://www.cac.gov.cn/2021-01/22/c_1612887880656609.htm)

　　Third, the reporting channels

　　(1) Henan Special Reporting Platform

　　Informants are requested to fill in the report information through the homepage (www.henanjubao.com) of Henan Internet Illegal and Bad Information Reporting Website, and click on the netizen report portal (https://www.henanjubao.com/wmjb/) of "Special Action to Strictly Rectify’ Self-media’ Chaos".

　　(two) Anyang special report telephone and email.

　　Anyang: 2554110, anyangjubao@126.com.

　　Linzhou: 6166372, lzsxcbwxb@163.com.

　　Anyang County: 5973029, ayxwljbzx@163.com

　　Huaxian County: 8135669, hxxwwxb@163.com

　　Neihuang County: 3259080, nhxwlk@163.com

　　Tangyin county: 6206689, tyxwwxb@126.com.

　　Wenfeng District: 5100242, wfqwxb@163.com.

　　Beiguan District: 3363680, bgwxjbzx@163.com

　　Yindu District: 3996113, ydqxcbwxb@163.com.

　　Longan District: 5022679, laqwwxb@163.com.

　　Fourth, report disposal

　　According to relevant laws, regulations and working procedures, the clues reported by Anyang Internet Information Office will be disposed of according to relevant regulations. Disposal will be based on different reporting situations, including but not limited to transferring to relevant network platforms, submitting to higher-level network information departments, and transferring to relevant departments.

　　V. Other matters

　　The reporting subject shall be responsible for the objectivity and authenticity of the reported matters. Those who deliberately fabricate facts, falsely accuse and frame up, falsify the evidence of reporting, or create troubles in the name of reporting and interfere with the normal work of state organs will bear corresponding legal responsibilities according to law.

　　Anyang internet information office

　　March 21, 2023

1905 movie networkmessage August 21, byLi YuDirecting,Fang LiProducer,Sandra、Karry、Fan WeiStarring filmBroken bridgeIt’s showing. At present, the box office of the movie has exceeded 200 million. The film exposed a Fan Wei andli xiaochuanHidden fragment of "Zhu Fangzheng pushes chrysanthemum downstairs with righteousness"

After watching the movie, many viewers were very curious about the relationship between Zhu Fangzheng and Ju Huaiyi, and some viewers said that Fan Wei and Li Xiaochuan couldn’t get enough of it. Some viewers bluntly said: "The line of Zhu Fangzheng and Ju Huaiyi interprets the greed of people’s hearts too deeply, and the transformation of Fan Wei’s double-faced’ malicious’ people is exquisite and amazing, which deserves a good taste!"

In the latest broadcast footage, Zhu Fangzheng, played by Fan Wei, found the suspect Ju Huaiyi who was hiding in the unfinished building in the bridge collapse case. Li Xiaochuan’s Ju Huaiyi’s sentence "We are in the same boat" exposed the relationship between them. When they came and went, their emotions turned sharply, and every line was worth pondering.

Zhu Fangzheng went from anger and ridicule to pretending to let Ju Huaiyi escape, but the next second he did not hesitate to push him down the unfinished building to kill him. Fan Wei accurately grasped the tone and manner, and vividly interpreted Zhu Fangzheng’s insidious and vicious behavior under hypocrisy, which was thought-provoking.

In the film, Ju Huaiyi’s sneak shot of Zhu Fangzheng also impressed the audience. Many viewers called the truth and said frankly, "Director Li Yu is too good at filming and dissected Zhu Fangzheng’s hypocritical and complicated true humanity, which makes people afraid to look straight." After two brushes and three brushes, the audience explained, "Zhu Fangzheng’s greed and conscience are constantly fighting. He only wants to make money from the beginning to the end and has to kill himself. He is out of control step by step, and a lie will be filled with countless lies. The shock brought by the role of Zhu Fangzheng is direct."