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"

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　　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.

　　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.

　　Sino-Singapore Finance May 10th On the 10th, the National Development and Reform Commission held a press conference to introduce the development plan of bio-economy in the 14th Five-Year Plan. Wang Xiang, deputy director of the High-tech Department of the National Development and Reform Commission, introduced that the Plan foresees the development goal in 2035: the comprehensive strength of bio-economy is in the forefront of the world, basically forming a new development situation with leading technology level, strong industrial strength, extensive integration and application, strong resource guarantee, controllable security risks and complete institutional system.

　　Wang Xiang said that this Plan is China’s first five-year plan for bio-economy. In the process of compiling, four requirements were emphasized.

　　The first is to strengthen the top-level design. China is one of the countries with the richest biological resources in the world, with complete categories and systems of bio-industry, which has favorable conditions for accelerating the development of bio-economy, but the top-level design and overall planning of bio-economic development is still blank. Therefore, the Plan adheres to the systematic concept, the top-level design, the forward-looking layout and the overall implementation, pays attention to the coordinated development of the supply side and the demand side of the bio-economy, and based on the protection, development, allocation and use of biological resources, systematically promotes the extensive penetration of life sciences and biotechnology into the fields of medicine, health, agriculture, energy and environmental protection of the national economy, accelerates the construction of a modern bio-industrial system, and lays a solid foundation for the rapid and healthy development of bio-economy.

　　The second is to support the national strategy. China is in a new development stage of building a socialist modern country in an all-round way and marching towards the goal of the second century. In this important strategic opportunity period, the development of bio-economy and the global biotechnology revolution and industrial transformation wave have formed a major historical intersection. To this end, the Plan is based on the new development stage, implements the new development concept, constructs a new development pattern, takes bio-economy as an important part of China’s science and technology economic strategy in the coming period, provides new solutions to major challenges such as life and health, climate change, resource and energy security, and food security, and provides strong support for building a higher level of healthy China, beautiful China and safe China.

　　The third is to create a good environment. Life science and biotechnology have fast updating speed and short iteration period, which puts forward new requirements for related technology review and product access policies. To this end, the "Planning" proposes to follow the development law of biotechnology, persist in encouraging innovation, tolerance and prudence, and make concerted efforts, continuously deepen reforms in terms of industry access, market application, and intellectual property rights, build a good innovation ecology, and accelerate the formation of a policy environment conducive to the innovation and development of bio-economy.

　　The fourth is to coordinate development and security. Biosafety has generally become an important part of the security system of big countries. To this end, the Plan adheres to the overall national security concept, strengthens the bottom line thinking, coordinates bio-economic development and bio-security guarantee, and strives to prevent and respond to bio-security risks that may affect bio-economic development.

　　Wang Xiang introduced that the "Planning" has formulated the development goals during the "14 th Five-Year Plan" period, which can be summarized as "five new ones": the total scale of bio-economy has reached a new level, the proportion of economic added value in GDP has steadily increased, and the number of enterprises with annual operating income of more than 10 billion yuan has increased significantly; The comprehensive strength of biotechnology has been improved, the investment intensity of bio-industry research and development has been significantly improved, and the number and influence of regional innovative highlands and industrial clusters have been significantly improved; The integrated development of bio-industry has achieved a new leap, and biotechnology and bio-industry have more widely benefited people’s health, food security, energy security, rural revitalization and green development; The biosafety guarantee capability has reached a new level, and a national-led, multi-dimensional, smooth mechanism and solid foundation biosafety risk prevention and control and governance system has been basically established; The policy environment in the biological field has opened up a new situation, the institutional mechanism and institutional environment are more superior, the market transactions of biotechnology are more active, and the institutional reforms such as review and approval, market access, product pricing, market supervision and property rights protection have continued to deepen.

　　Wang Xiang also said that the Plan defined the specific tasks of bio-economic development, focusing on five aspects.

　　First, vigorously consolidate the foundation of bio-economic innovation, insist on giving full play to the basic role of innovation in bio-economic development, strengthen market orientation and demand traction, accelerate the improvement of bio-technological innovation ability, cultivate and expand innovative subjects with strong competitiveness, optimize regional layout, deepen bio-economic innovation cooperation, and accelerate the development of bio-economic innovation.

　　The second is to cultivate and expand the pillar industries of bio-economy, accelerate the widespread empowerment of health, agriculture, energy, environmental protection, information and other industries by biotechnology, promote the development of medical health, bio-agriculture, bio-energy and bio-environmental protection, bio-information industries, cultivate and develop new industries, new formats and new models, expand the pilot demonstration of bio-technology benefiting people, and comprehensively improve the diversification level of bio-industries.

　　Third, actively promote the protection and utilization of biological resources, strengthen the protection, development and comprehensive utilization of biological resources, improve the development and utilization system of biological resources, standardize the safe sharing of biological resources, form a long-term mechanism for the safe protection, effective development and scientific utilization of biological resources, improve the level of institutionalization, standardization and informatization, and provide basic guarantee for the development of medicine, agriculture, energy and environmental protection.

　　The fourth is to speed up the construction of a biosafety guarantee system, implement the overall national security concept, implement the biosafety law, coordinate development and safety, improve the biosafety risk prevention and control system, enhance the risk prevention and control and disposal ability to deal with major epidemics and biosafety incidents, and effectively build a national biosafety barrier.

　　Fifth, efforts should be made to optimize the policy environment in the biological field, follow the development law of biotechnology, persist in encouraging innovation, tolerance and prudence, and make concerted efforts, continue to deepen reforms in technological innovation, industry supervision, market application, international cooperation and other fields, increase investment in resources such as capital, technology and talents, build an institutional framework that is in line with international standards, strengthen policies to try first, and accelerate the formation of a policy environment conducive to the innovation and development of bio-economy.

　　In addition, the Plan focuses on the higher-level needs of the people in the fields of medicine, food, beauty and safety, and puts forward four key development areas: biomedicine, bio-agriculture, biomass substitution and bio-safety, as well as the improvement of innovation ability, the benefit of biomedical technology, the improvement of modern seed industry, the demonstration of bioenergy and environmental protection industry, the integration and application of biotechnology and information technology, the preservation and development of biological resources, and the bio-economic pilot zone.

　　Wang Xiang introduced the safeguard measures for the implementation of the Plan, focusing on three aspects.

　　The first is to strengthen organizational leadership. To implement the deployment of the State Council, the National Development and Reform Commission took the lead in strengthening the overall planning of bio-economic development, improving the coordination mechanism with the participation of all relevant departments, and promoting major plans, major reforms, major policies and major projects for bio-economic development.

　　The second is to create a good atmosphere. Strengthen the popularization of biotechnology and create an environment conducive to the public’s objective and scientific understanding of biotechnology. Strengthen intellectual support for bio-economic development, promote research on major issues, and strengthen policy propaganda and interpretation. Support the holding of an international high-end bio-economic forum to improve China’s bio-economic influence.

　　The third is to strengthen coordination and cooperation. All localities and relevant state departments shall, in accordance with their duties, do a good job in the implementation of the Plan, speed up the formulation of supporting policies, and jointly promote the development and growth of bio-economy. Do a good job in supervision and evaluation to ensure that the objectives and overall strategic tasks of the Plan are implemented.

　　Zhejiang Online September 20th (Zhejiang Online reporter Ma Yue Shi Tianxing correspondent Duan Yu)In the past week, the major universities in our province have welcomed the freshmen of 2018 with the post-00 generation as the main body. For young people who have just entered the university, it is essential for secretaries and principals to be affectionate and full of caring messages and encouragement. It can be said that the opening speech of university leaders is the "first lesson" of university career, which has a far-reaching impact on the growth of college students.

　　In the opening season of the university, the reporter walked into many colleges and universities in our province and felt the wonderful "first lesson" — — Some leaders talk about autonomous learning and "take the pulse" of college students’ ivory tower life; Some chatted with students about the significance of reading and encouraged young people to cherish the youth … … How to be the best yourself in college, how to increase your knowledge and ability, and listen to these good words, maybe you will be suddenly enlightened.

　　What is a decryption university?

　　"High school tries hard to get into the university, and it will be easy when you get to the university." I believe many people are familiar with this sentence. As long as they are admitted to the university, they can basically graduate on time, which makes it easy for students who have just been released from the pressure of college entrance examination to get lost and lose motivation.

　　Do you really know the university? Many college leaders told young students in the "first lesson" that getting into college is by no means the end. Stepping into the university gate means opening a new stage of life.

　　Education is not to instill in the mind, but to ignite the heart. Wu Zhaohui, the president of Zhejiang University, quoted Socrates, an ancient Greek philosopher, to guide students to understand "University": "University life is to ignite your constant quest, let your enthusiasm and interest follow your study, and lead you to open a wonderful and vast world."

　　In the eyes of Chen Shoucan, president of Zhejiang Gongshang University, universities are places where critical thinking is obtained. What universities need is diligence under the guidance of the spirit of seeking truth and innovation, rather than Nuo Nuo’s repetition, imitation of others’ opinions and even plagiarism for quick success and instant benefit. He said that the university classroom will no longer encounter certain knowledge points, but will only see different theories that appear gradually or simultaneously in the academic history system. Only by clearly understanding the structure and boundary of the old things can we have the vision and materials to create new things.

　　But do you have enough courage and intelligence to explore? "This kind of courage and intelligence will only bear fruit in society if it is cultivated in universities." Chen Shoucan said that the university is a melting pot of character. Only those graduates with broad vision and strong will will see the limitations of the Red Sea in future industry practice and find the blue ocean with rich opportunities.

　　Universities are open, and we need courage to explore the boundaries of the world. As a senior who entered the university in 1978, Jiang Guojun, secretary of the Party Committee of Zhejiang Normal University, looked at the young people who entered the school 40 years later and felt deeply. "In Zhejiang Normal University, it is open, equal and diverse to give students the opportunity to grow freely." He said that unlimited life is possible. I hope that more Zhejiang teachers will try their best to break the boundaries of knowledge, ability and thinking with wisdom and courage, and strive to break through and surpass themselves.

　　Discuss why you go to college.

　　"Why are we here?" This is a question from Wang Xingjie, secretary of the Party Committee of Hangzhou Dianzi University, at the opening ceremony of freshmen. Besides being a city of Hangzhou, being a specialty of Hangzhou Electric, getting a good job in the future and having a high starting salary, is there any other higher pursuit?

　　Wang Xingjie gave young educator Suhomlinski’s famous saying, "A person who really loves the motherland is a real person in all aspects". He hopes that students who enter Hangdian should cherish a feeling of home and country. "Hangdian cultivates not only utilitarians who pay attention to house tickets, but also bookworms who only bury themselves in their own small world, and even less Buddhist youths who muddle along, but ‘ Be loyal to your home country, take on great responsibilities, look at the world and strive for self-improvement ’ A promising person. "

　　In the "first lesson", Song Mingshun, president of China Jiliang University, assigned the first homework problem to the freshmen, which may take four years to complete — — Understand what "measurement" is. Behind the word "measurement", there are not only scientific mysteries, but also the ideological connotation of "fairness, justice, honesty and trustworthiness" of "measuring everything, measuring heaven and earth". He hopes that young students will remember the school motto — — Think carefully about the national economy and measure people’s livelihood.

　　Fang Jianqiao, president of Zhejiang University of Traditional Chinese Medicine, used the phrase "to be a college student". Temperament ’ Zhejiang Chinese medicine adults "to interpret. He hopes that his classmates will have "five spirits" — — Always be energetic, full of spirit, open-minded, solid, and healthy.

　　Fang Jianqiao is a master of acupuncture and moxibustion. He taught the freshmen earnestly and never forgot Chinese medicine. He said that Chinese medicine believes that qi refers to the human body’s ability to defend, resist and regenerate diseases, and that healthy qi should be kept inside, and evil should not be done. If one person has righteousness, then all poisons will not invade; Everyone has righteousness, and the nation is prosperous.

　　"I hope you will be solid." Fang Jianqiao said that confidence is a person’s popularity, talent and heroism. Whether a person’s career is successful or not depends on whether your confidence is hard or not. Therefore, being a man needs to be emboldened, and officers need to be emboldened. Whether you have confidence or not depends on whether you have worked hard, worked hard and worked hard.

　　Instruct universities how to read.

　　Stepping into the university gate means that everyone has opened a new stage of life. However, freshmen have just left the high-pressure state of the college entrance examination. How should they face the self-study and self-management of university study and life?

　　Wu Zhaohui, president of Zhejiang University, said that when entering the university, freshmen should first look at themselves, find their inner passion and creativity, get rid of the dependence of traditional learning paths, and turn from "passive learning" to "autonomous learning" to become a college student who loves learning, can learn and can learn.

　　In Wu Zhaohui’s view, as an effective way to improve oneself, autonomous learning awakens curiosity and imagination, guides learners to have a deep dialogue with themselves, learns self-cognition, self-management, self-motivation and self-education, and makes learning a happy process of acquiring knowledge, improving ability, cultivating quality and shaping personality. This is exactly in line with the education system of Zhejiang University, which points to the inherent development needs of learners and advocates "knowledge — Ability — Quality — Personality "four in one" emphasizes innovative learning.

　　"Conscious, is self-awakening, active. Only consciously can we better know ourselves, reflect on ourselves, be self-sustaining, self-disciplined, self-reliant and self-reliant! " Li Xiaonian, president of Zhejiang University of Technology, told the freshmen at the opening ceremony. In today’s world, the scientific and technological revolution is advancing by leaps and bounds, and social development is changing with each passing day. Only by persistently studying, accumulating generous knowledge and practicing excellent skills can we keep up with the pace of the times. He expects young students to draw nutrition from "books with words" and gain energy from "books without words".

　　How should universities spend their time? Xue Weihai, secretary of the Party Committee of Ningbo University, told young people that studying in university should be "a long way to go" and always take the improvement of ability as the capital for personal lifelong use. On the basis of mastering knowledge, students should be good at mastering knowledge, that is, they can flexibly acquire knowledge, combine knowledge and even create knowledge according to different problem situations. Students can form strong expressive ability, critical ability, innovative and entrepreneurial ability and lifelong learning ability through systematic training in universities.

Enping city has built a "safe village entrance", and warning signs have been installed at the entrance.

　　"After adding anti-glare nets and road signs, the traffic accidents here have been reduced a lot." Mr. Wen, who works near the G325 national highway, told reporters that before, the intersection in front of the unit was an accident-prone point; Nowadays, anti-glare nets have been added here, traffic lights have been added, unreasonable road turning positions have been closed, and the safety factor has been greatly improved.

　　This series of projects mentioned by Mr. Wen is a microcosm of the work of promoting the system of Enping Highway Affairs Center in Jiangmen City to prevent and resolve road traffic safety risks. Since 2021, the center has carried out in-depth practical activities of "I do practical things for the masses" in the study and education of party history, focused on improving the safety factor of highway travel, and worked hard to solve the "urgent difficulties and worries" problem of people’s safe travel, comprehensively improved the safe traffic capacity of national and provincial highways, and effectively enhanced the people’s sense of gain, security and happiness. The center has invested a total of 16.5 million yuan to systematically upgrade roads to protect citizens’ safe travel.

　　Focus on improving the national highway G325.

　　Effectively reduce hidden dangers of traffic accidents.

　　As one of the busiest transit roads in enping city, the national highway G325 has a complicated traffic environment. In order to effectively eliminate the hidden dangers of road traffic accidents, Jiangmen Enping Highway Affairs Center "suits the right medicine" and focuses on the rectification of the national highway G325.

　　The intersection of Lianjiupi Turntable on National Highway G325 used to be a traffic accident black spot. The intersection connects the north-south direction of National Highway G325, Xinping North Road in Enping City and Provincial Highway S367. The road conditions are extremely complicated, and there are many cars coming and going, and there is no zebra crossing on the road surface, which is often dangerous. Through research, the center optimizes the traffic design of the intersection and widens the intersection where the national highway G325 enters the turntable from north to south. "In the past, drivers often found that there was only one lane when they drove to the turntable. In a hurry, they had to avoid it, or they made a mistake and drove into Xinping North Road in Enping City." The staff of the center told reporters. Now, after optimization and widening, the lane entering the turntable has been increased to two lanes, and a zebra crossing has been drawn. "Next, traffic lights will be installed to further improve the safety factor of pedestrians passing through the roundabout." The staff member said.

　　The center has rectified two circular intersections of Xinping North Road (i.e. Lianjiupi intersection) and Textile Road on National Highway G325, and two intersections of Shengtang (i.e. the intersection of National Highway G325 and Provincial Highway S369) and Dahuai. Among them, at the two intersections of Xinping North Road and Textile Road on the national highway G325, light control is mainly added around the island, straight lanes are added, isolated lanes are reduced, traffic signs are widened, roads are reconstructed, and traffic signs are improved. According to the division of responsibilities, the center is responsible for the above-mentioned pavement construction, and the electric alarm facilities are implemented by the local government. Now, the pavement works of two roundabout have been completed, and corrugated beam barrier has been added at the edge of the roundabout, which has improved the safety factor.

　　At present, the intersection of Agricultural Institute of National Highway G325 is undergoing safety transformation, the U-turn position of the road is greatly widened, and the rightmost lane is set as the U-turn lane, and traffic lights are added to further facilitate the U-turn of large trucks. "In the past, this was a black spot for traffic accidents, and traffic jams occurred from time to time. Now after rectification, this intersection is much safer. " Mr. Xu, who is engaged in the transportation industry, told reporters.

　　At the same time, the center has implemented projects such as eradicating flower beds, widening the road surface and setting up sub-guardrails on the provincial highway S369. This intersection is an important connection point between Liangxi, Niujiang and the national highway G325, and also the main connection point between the entrance and exit of shenyang-haikou expressway Shengtang and the national highway G325. The traffic volume is relatively dense, and this rectification has an important role in clearing roads and improving safety. In addition, the center also reformed the drainage ditch at the intersection of Dahuai and Huaiping to eliminate the hidden danger of water accumulation in this section after heavy rain.

　　Building 304 "Safe Villages"

　　Improve the traffic safety level of national and provincial highways

　　In the past, the entrance and exit of the village road was the accident-prone point. Nowadays, enping city has set up warning lights, parking signs and speed bumps at the entrances and exits of several village roads and national and provincial roads, and trimmed trees that block the line of sight to further standardize the traffic order at the entrances and exits.

　　Micang Village in Encheng Street is an important part of Enping Industrial Park, and there are also "online celebrity Punching Points" such as Yicai Cultural and Creative Park, where people gather. Due to historical reasons, the entrance and exit of village roads are set narrow, which has great security risks. Nowadays, by building a "safe village entrance", vehicles entering and leaving the local village roads can clearly see warning lights, warning belts and signs, and the safety factor has been effectively improved.

　　Since 2021, Enping Highway Affairs Center of Jiangmen City, according to the guidance of its superiors, combined with the actual road conditions, has carried out the rectification of "Yiqing Yi Deng Area", the construction of "Safe Village Entrance" and the rectification of crossing villages and towns on key sections and hidden danger sections, of which "Yiqing Yi Deng Area" has rectified 55 intersections, built 304 "Safe Village Entrance", rectified 16 sections crossing villages and towns, and installed 30.

　　The sections of national highway G325 K163～K165 and provincial highway S276 K139+000 ~ K171+900 (located in Hengbei Town) are listed as high-risk municipal supervision sections due to frequent accidents. The center stepped up its rectification efforts, and completed 69 signs of K163～K165 on the G325 national highway, with 2 kilometers (5,906.67 square meters) of old markings removed and 2 kilometers (8,319.26 square meters) of new markings drawn. 46 hidden danger points of provincial road S276 line K139+000 ~ K171+900 were rectified. A total of 120 road trees were pruned, 40 signs were improved, 32.9 kilometers (202.2 square meters) of old markings were removed, 32.9 kilometers (1,193.7 square meters) of new markings were drawn, 8 meters of concrete barriers were set, and 3,024 meters of wavy barriers were added. After rectification, road safety has been greatly improved.

　　In order to make people travel more safely and comfortably, the center has also improved the road safety facilities of 12 school sections along the national and provincial highways, pasted yellow and black reflective paper for 64 intersections, cleaned the middle crash barrier for 40 kilometers, and invested 1.92 million yuan to install a 23-kilometer anti-glare net for the eastern section of the national highway G325 in enping city to solve the problem of glare of opposite lights.

　　Since the party history study and education was launched, the center has taken the opportunity of implementing "I do practical things for the masses" to solidly promote the systematic prevention and resolution of road traffic safety risks. At present, the work has been completed as a whole, weaving a solid safety net for the safe and smooth road traffic and escorting the people to travel safely.

　　Text/Figure Jiangmen Daily reporter/Wu Jianzheng correspondent/Lin Huahui

　　Xinhua News Agency, Guangzhou, August 11th (Reporter Li Xiongying) Affected by extreme weather, some areas in Guangdong suffered from drought in the first half of this year, with a rare "drought in the north and drought in the south". Guangdong Water Conservancy Department scientifically dispatches three major reservoirs and other water storage facilities in the basin, finely controls the flow of Dongjiang River, effectively ensures the water supply safety of nearly 50 million people in Dongjiang water receiving area, especially for Hong Kong, and fully implements the newly signed water supply agreement between Guangdong and Hong Kong.

　　According to the Guangdong Provincial Water Resources Department, since last autumn, the Dongjiang River Basin has suffered from drought in autumn, winter, spring and summer, and the minimum total inflow of Xinfengjiang, Fengshuba and Baipenzhu reservoirs in the basin has been 63 cubic meters/second. From January to July, 2021, the rainfall in the basin was 691.1 mm, which was the least recorded in the same period since 1963, and it was also the biggest drought in Dongjiang basin since the completion of Dongshen Water Supply Project.

　　In the face of severe drought and severe water supply situation in Dongjiang River Basin, Guangdong has made scientific dispatch by carefully dispatching the three major reservoirs in Dongjiang River Basin, dynamically adjusting Dongjiang flow control targets, sending special personnel to supervise and implement dispatching instructions on site, and optimizing the operation mode of water conservancy projects. According to statistics, in the first half of this year, the Dongshen Water Supply Project supplied 470 million cubic meters of water to Hong Kong, a significant increase over the same period last year, effectively meeting the production and domestic water demand of Hong Kong compatriots.

　　According to the Water Resources Department of Guangdong Province, in order to ensure the safety of water supply to Hong Kong, the governments of Guangdong and Hong Kong signed a new water supply agreement at the end of 2020, which provided an effective basis and guarantee for water supply safety and implemented a dynamic water supply regulation mechanism for water supply to Hong Kong. At the same time, in order to alleviate Hong Kong’s difficulties in coping with the epidemic, Guangdong agreed to the special arrangement of collecting water charges receivable in 2021 according to the 2020 water charges standard.

　　With the recent increase of rain brought by typhoon, the recharge capacity of the three major reservoirs in Dongjiang River basin began to increase, and the drought that lasted for nearly one year was slightly alleviated. After full implementation of fine dispatching, it survived the most difficult period for the time being. At present, the Water Resources Department of Guangdong Province is guiding and organizing Dongjiang Bureau to take measures, seize the opportunity to gradually recharge the water volume of the three major reservoirs of Dongjiang, cope with the possible drought in the future, and make every effort to ensure the safety of water supply in the basin.

　　People’s Daily Online, Beijing, August 10 (Xing Zheng) The reporter learned from the General Administration of Market Supervision that the China Fiber Inspection Bureau recently made a statistical analysis on the investigation and handling of administrative law enforcement cases of fiber and fiber products quality by provincial professional fiber inspection institutions and some local (city) professional fiber inspection institutions in 2017. The analysis results show that cotton and other fiber quality cases account for 29.6%, wadding fiber products cases account for 30.4%, student service cases account for 12.1%, and other fiber products quality cases account for 27.9%.

　　In some typical cases of national fiber and fiber products quality supervision, there are cases of cotton doping and adulteration in the post-event supervision of strengthening cotton, cases of "black-hearted cotton" counterfeiting, quality of student clothes and students’ bedding found in the quality supervision of fiber products, and cases of fiber products quality for automobiles, which involve many fields of society and people’s livelihood. Specific case contents are as follows:

　　1. The case of Li Qiufeng in Inner Mongolia producing and selling inferior fiber products for household use.

　　On September 6, 2017, the administrative law enforcement officers of the Fiber Inspection Bureau of Inner Mongolia Autonomous Region conducted a product retrospective investigation on the small shops and vendors around Inner Mongolia Vocational and Technical College of Architecture suspected of selling unqualified cotton bedding. According to the clue, Li Qiufeng’s cotton quilt processing factory produced 1,585 finished quilts and 1,833 cotton quilts, and used raw materials prohibited by the state for domestic wadding fiber products as cotton quilt fillers, involving a value of 281,807 yuan.

　　On May 8, 2018, the defendant Li Qiufeng was convicted of producing and selling fake and inferior products, sentenced to 7 months in prison and fined RMB150,000.

　　Second, Jiangsu Tangtang Group Lianyungang Home Textiles Co., Ltd. produced and sold unqualified students’ bedding.

　　In August 2017, the law enforcement inspection team of Xuzhou Fiber Inspection Institute conducted law enforcement inspection on the quality of bedding purchased by Xuzhou Higher Vocational College of Economics and Trade and xuzhou institute of technology for the freshmen of 2017. Law enforcement officers randomly sampled the bedding for freshmen in two schools according to the standard, and issued a Notice of Ordering to Correct three unmarked products, namely mosquito nets, pillow cores and bedding bags, which were purchased in xuzhou institute of technology. After investigation, the unqualified pillowcases were produced and sold by two companies entrusted by Jiangsu Tangtang Group Co., Ltd., and the pillowcases did not meet the requirements of national standards. The total number of unqualified pillowcases involved was 11,400, with a unit price of 7 yuan and a value of 79,800 yuan. The company replaced the unqualified pillowcases.

　　Ordered to stop producing and selling unqualified pillowcases according to law, confiscated 11,400 unqualified pillowcases produced and sold illegally, and fined 79,800 yuan.

　　III. Case of Hubei Haoxia Home Textile Co., Ltd. producing and selling inferior fiber products for household use.

　　On January 11th, 2017, the law enforcement officers of Hubei Fiber Inspection Bureau conducted law enforcement inspection on the disaster relief materials in the disaster relief materials reserve warehouse of Luotian County Civil Affairs Bureau, and found that the number of quilts produced and sold by Hubei Haoxia Home Textiles Co., Ltd. was 2,000 beds, and the model specifications were: quilt cover was 220CM×150CM (blue plaid) and cotton tires were 210CM×148CM (white net red rib). After sampling inspection, the raw materials of quilt filler do not meet the requirements of the national mandatory standard GB18383, which is an unqualified product. After investigation, the unit price of this batch of unqualified quilts is 119 yuan/bed, and the value of the goods is 238,000 yuan.

　　Ordered to stop production and sales according to law, and fined 71,400 yuan.

　　Four, Chongqing Jiulongpo Aijiayuan bedding processing factory produced inferior fiber products for household use.

　　On September 14, 2017, law enforcement officers of Chongqing Fiber Inspection Bureau conducted an on-site inspection of Aijiayuan Bedding Processing Factory in Jiulongpo District, and inspected the cotton tires in its finished warehouse, totaling 1,450 beds, which were not marked with the warning of "non-domestic use". After investigation, the batch of cotton tires did not meet the requirements of national standards, and there were illegal acts in production and sales that did not meet the national standards and industry standards for protecting human health and personal and property safety.

　　Ordered to stop production and sales according to law, and fined 58,000 yuan.

　　5. The case of Gongshang Cotton Processing Co., Ltd. in Tuokexun County, Turpan, Xinjiang, not sorting and excluding foreign fibers and other harmful substances according to national standards during cotton processing.

　　In October, 2017, the law enforcement officers of Turpan Fiber Inspection Institute found that there were chemical fiber woven bags and plastic films in the No.3 cotton warehouse being processed and produced by the factory, and no heterosexual fiber pickers were found on site. According to the investigation, there are about 150 tons of seed cotton in No.3 cotton warehouse, which is under production and processing, and about 100 tons of seed cotton have been processed in No.3 cotton warehouse without picking foreign fibers, totaling 250 tons of seed cotton, equivalent to 100 tons of lint.

　　It shall be ordered to make corrections according to law, sort and eliminate foreign fibers and other harmful substances in the processed cotton according to national standards, and impose a fine of 30,000 yuan.

　　Six, Chongqing Hanyi car seat Co., Ltd. produced a car seat cover with VD model that was unqualified.

　　On May 10, 2017, law enforcement officers of Chongqing Fiber Inspection Bureau conducted an on-site inspection on Chongqing Hanyi Automobile Seat Co., Ltd., and conducted random on-site sampling on the car seat cover with VD model in the finished product warehouse to be sold. After inspection, this batch of products was judged to be unqualified. It has been verified that the number of car seat covers with VD model in this batch is 160 sets, with a unit price of 125 yuan/set and a value of 20,000 yuan.

　　According to the law, he was ordered to stop producing and selling unqualified seat covers, and was fined 20,000 yuan.

　　7. The case of Baiyin Cotton Professional Cooperative in Erbao Town, Hami, Xinjiang purchasing cotton in violation of national standards and technical specifications.

　　On October 12, 2017, the administrative law enforcement officers of Hami Fiber Inspection Institute carried out supervision and inspection of cotton purchasing and processing according to law. During the on-site inspection, it was found that there were about 400 tons of seed cotton piled up at the Baiyin Cotton Professional Cooperative in Erbao Town, Hami, and there were no inspectors in the inspection room. There were no cotton inspection conditions at the scene. After investigation, the cooperative is a cotton processing enterprise newly accepted in 2017. It began to purchase cotton on September 25, 2017. By the time of inspection, it had purchased about 500 tons of seed cotton and processed one batch of lint.

　　Ordered to correct the illegal acquisition according to law and fined 20 thousand yuan.

　　Eight, Shandong Wucheng Zhiyou Cotton Industry Co., Ltd. did not process and sell cotton according to national standards.

　　In July 2017, Shandong Fiber Inspection Bureau received the materials handed over by Jiangsu Fiber Inspection Bureau (Su) Fiber Jijian [2017] No.1 "Proposal for Quality and Technical Supervision and Inspection", and provided clues about the illegal activities of cotton processed and sold by Wudi Liyuan Cotton Industry Co., Ltd., and immediately carried out law enforcement inspection on Wudi Liyuan Cotton Industry Co., Ltd. After investigation, Wucheng Zhiyou Cotton Industry Co., Ltd. is the producer and seller of the cotton involved. This batch of cotton is 120 tons in total, with a value of more than 790,000 yuan. It has participated in the public inspection and obtained the notarization inspection certificate, but there is no quality certificate to accompany the goods.

　　Ordered to correct the illegal act according to law and fined 10,000 yuan.

　　Nine, Handan Yuxin Clothing Co., Ltd. does not produce student uniforms in accordance with state regulations.

　　In December 2017, law enforcement officers of Handan Fiber Inspection Institute of Hebei Province inspected Handan Yuxin Clothing Co., Ltd. according to law, and found that the raw material cloth purchased by the company had a factory inspection report, but could not provide invoices or purchase vouchers for the cloth, and did not keep the purchase receipt. After investigation, according to the special provisions of the state, the producer of student clothes should check, accept and record the purchase of raw and auxiliary materials, and keep the records for at least two years. The company failed to fulfill its obligation of acceptance and record.

　　It shall be ordered to make corrections according to law and fined 5000 yuan.

　　Cctv newsLast week, an ordinary consumer surnamed Wu, who often stayed in the hotel, exposed videos about the health problems of 14 five-star hotels on the Internet, which once again aroused public concern. Some of the hotels involved issued a statement apologizing, saying that they would conduct self-inspection, and some hotels did not respond. After the hotel hygiene problems were exposed, the relevant departments also carried out inspections and treatments on the hotels involved.

　　Sheraton Nanchang Hotel in Jiangxi Province is also one of the hotels exposed by video. On the afternoon of November 16th, Sheraton Nanchang Hotel was officially put on file for investigation due to health problems, and the relevant departments required the hotel to make rectification.

　　The dishcloth for cleaning the toilet was fined 2000 yuan for cleaning the cup.

　　After investigation, Sheraton Nanchang Hotel admitted that there was a case of wiping a guest’s cup with a dishcloth that had been wiped with a toilet, and was fined 2000 yuan. Although the amount of the fine is based on the Detailed Rules for the Implementation of the Regulations on Hygiene Management in Public Places, in reality, such punishment has been questioned by many people.

　　[User comments]

　　The illegal cost is too low, which leads to such a situation. What effect can 2,000 yuan have?

　　The penalty cost is so low. If I were the owner of a five-star hotel, do you think I would rectify it?

　　2000 yuan, is it fun for everyone?

　　Interviewed by the regulatory authorities and on-site inspection

　　In addition to Nanchang, Jiangxi, the hotel involved in Beijing, which was exposed in the video, was also interviewed and accepted on-site inspection. On November 15th, the supervisor of Beijing Health and Family Planning Supervision Office came to Wangfu Peninsula Hotel, inspected the hotel room, and collected samples of public articles such as cups and utensils on the spot.

　　The supervisor used the fast ATP fluorescence detector to check the microbial value of the guest cup in the room on the spot.

　　Subsequently, Wangfu Peninsula Hotel issued a statement saying: The Food and Drug Administration took samples of cups on the spot and carried out ATP test on them, and the result value was 0, far below the qualified value set by the regulatory authorities. And said that "regardless of the value, the hotel will still take measures to strengthen the implementation of standard procedures by room service personnel, so as to ensure that all aspects meet the established standards of the peninsula." However, netizens still questioned: If the ATP test result is 0, is there really no health problem? The statement of Wangfu Peninsula Hotel was also deleted.

　　The Ministry of Culture and Tourism requires that the competent departments of culture and tourism at all levels should draw inferences and attach great importance to the supervision of tourism service quality.

　　Another consumer reported that the hotel did not change the bathrobe.

　　After the incident, consumers were also dissatisfied with the fact that the statements issued by these hotels were almost like copying and pasting: first, they attached great importance to it, then the conversation changed, saying that this video could not represent the daily life of our hotel, and then they began to put the blame on the personal behavior of individual employees, and finally stated that we would definitely take necessary measures to rectify it. But will they change? After all, this hotel trust crisis is not the first time.

　　Just as many five-star hotels were exposed to health problems, another netizen recently reported that the Hyatt Regency Shanghai Wujiaochang did not change his bathrobe because he found half-eaten cold medicine in his bathrobe pocket. The netizen also had no choice but to laugh at himself: "I hope the former tenant’s cold has been cured!"

　　Because this netizen also called Mr. Wu on Weibo, Mr. Wu replied: "Bathrobe is another blind spot. Many waiters don’t change bathrobes according to the rules. They wanted to talk about it, but it was difficult to obtain evidence. Just try not to use cups, bathrobes and bathtubs. "

　　Hotel trust crisis is not the first time.

　　In fact, this is not the first time that a five-star hotel has experienced a crisis of confidence. In September last year, there were five five-star hotels in Beijing exposed by evaluation agencies, and the clean-up was not thorough. None of the five hotels changed their bedding, uncleaned bathtubs and toilets; 3 hotels did not clean mouthwash cups; Some hotels have not changed bathrobes.

　　Just like this time, the second day after the video exposure, the Beijing Municipal Health Supervision Department intervened in the investigation, and the Beijing Tourism Development Committee also interviewed five hotels.

　　Three months later, three five-star hotels in Harbin were exposed again. Hotel cleaners actually used toilet brushes to brush cups, and also used the same brush to brush toilets and bathtubs.

　　This time, all three five-star hotels involved in Harbin issued a statement apologizing and accepted administrative punishment. However, why can’t the hotel hygiene problems be completely solved?

　　Yang Honghao, Deputy Director of china tourism academy Industrial InstituteNo matter how strict this process is, it is ultimately implemented by the service personnel. Then there are several problems in the service personnel. On the one hand, the salary and treatment, over the years, he has never had any big growth. Also, that is to say, we may have some new measures on this aspect of supervision and inspection. He may check it with his eyes, right? Then will we use some new technologies to do this check in the future?

　　The star hotel involved did not realize the seriousness of the problem.

　　In the past two days, China Consumers Association also issued a statement. Let’s take a look: "The star-rated hotels involved did not realize the seriousness of the problem, nor did they fully understand and respect the consumer’s supervision suggestions, reflecting the indifference to consumers." "I hope that the relevant industry authorities will not be afraid of ugliness, thoroughly investigate and strengthen supervision. For star-rated hotels that are not worthy of the name, they should be downgraded."

　　Event exposure: I was "focused" by the hotel.

　　Supposedly, the incident should be in the direction of solving the problem, but unexpectedly, the personal information of Mr. Wu, who broke the news, was also exposed, and many hotel industries exchanged his information privately, saying that they would pay so-called "key attention" to this person.

　　"My courage is running out" and "Nobody likes a troublemaker", which is Mr. Wu’s personal feeling after the incident, because he was specially marked by some hotels.

　　In the nearly 12-minute video exposed by Mr. Wu, waiters in 14 five-star hotels, even top international hotels, generally used bath towels and square towels as rags, wiping sinks, cups and even toilets. However, it is these exposure behaviors that make Mr. Wu feel a hornet’s nest and feel that he has offended the whole industry.

　　Because what he didn’t expect was that his personal information was exposed and seriously affected his daily life. After his solemn representations, the hotel apologized.

　　"Because citizens’ personal information was leaked", on November 17th, Mr. Wu entrusted a lawyer to represent the case and cancelled all his subsequent trips.

　　Even under such pressure, Mr. Wu said that he would not delete the video. He just hoped that after the exposure, the hotel industry could change and really solve the problem itself, rather than "solving" the exposed people.

　　It is understood that the 14 five-star hotels exposed this time have all responded.

　　It is worth noting that most of the hotel’s responses are basically the same in content format, especially the exposed problems "can’t represent our daily operation and service standards", which has once again become the focus of public questioning.

　　Software and hardware work together to build a real star-rated home

　　When you are away from home, the hotel is home. Home should be clean and warm. In order to seek the feeling of home, many consumers choose star-rated hotels. However, the unintentional service of star-rated hotels makes everyone very upset. It should be said that at present, the facilities and hardware of star-rated hotels in China are hard enough, but the management and service software are too soft. Only by grasping the software and hardware together can star-rated hotels give away consumers and build a real star-rated home.

On the afternoon of May 24, near the Yangtze River Yanziji Pier, citizens found a young finless porpoise stranded and immediately called the police. Weibo diagram

At 4: 30 pm on May 24th, a young finless porpoise ran aground near Yanziji Wharf in Nanjing section of the Yangtze River. Since then, the fishery administration and other departments have taken the cubs to the underwater world for temporary rescue at 8 pm after failing to find their mothers.

The Paper (www.thepaper.cn) learned from the Fishery Department of Nanjing Agriculture Committee that, unfortunately, the single finless porpoise calf died at about 10 am on the 25th.

According to the "Meeting Point" client of Xinhua Newspaper Group, at 4: 30 pm on the 24th, a citizen found a finless porpoise cub stranded near Yanziji Wharf, and then called the police. After the police of the Water Public Security Bureau and the personnel of the fishery administration department rushed to the scene, they temporarily transported the finless porpoise to the nearby fishery administration wharf in pots, waiting for experts to go to the scene. Since then, experts from Nanjing Underwater World have proposed to feed the finless porpoise cubs while looking for its mother.

After the police of the Water Public Security Bureau and the personnel of the fishery administration department rushed to the scene, they temporarily transported the finless porpoise to the nearby fishery administration wharf in pots. Weibo diagram

"We searched along the shore for three hours and couldn’t find it. At 8 o’clock in the evening, we transported the finless porpoise to the underwater world for temporary rescue. " Tang Zhebin, director of the Fishery Department of Nanjing Agriculture Committee, told The Paper that according to the visual inspection, this finless porpoise cub was only born for two or three days, which is very rare.

However, this finless porpoise cub died at about 10 am on the 25th, and failed to survive for one day after landing. According to reports, this is the first time that a live baby finless porpoise has been found in Nanjing section of the Yangtze River.

Why is it so difficult for finless porpoise cubs to survive after landing?

Jiang Meng, secretary-general of Nanjing finless porpoise protection association, participated in the treatment of finless porpoises after the cubs were sent to the underwater world on the evening of 24th. Jiang Meng said that as a mammal, cubs born just two or three days ago have almost no viability, and they need their mothers to bring them and feed them. It is almost impossible to survive without their mothers.

"So, the baby finless porpoise is stranded, and the first choice is to find its mother to take it away." Jiang Meng said that finless porpoises usually move in still waters, but according to the characteristics of fast-flowing water near Yanziji, relevant experts preliminarily judged that the discovered place was not the separated place of finless porpoise cubs and their mothers, and the cubs may have been washed to Yanziji by the current.

After the search for the cub’s mother failed, the cub was taken to Nanjing Underwater World for rescue and fed with special formula every hour.

The finless porpoise cubs were taken to Nanjing Underwater World for rescue and fed with special formula milk every hour. Weibo diagram

"In fact, the cubs will be brought ashore for rescue only as a last resort, because at present, domestic and even the whole world have failed to master the method of artificially breeding individual finless porpoise cubs." Jiang Meng appealed that if the citizens find a single finless porpoise on the shore, they should not touch it at will, let alone fish the cubs ashore without authorization, but call the police at the first time and let the experts handle it.

Jiang Meng said that they originally planned to send the finless porpoise cub to Wuhan to "foster" a female finless porpoise who was giving birth in Wuhan, but unfortunately, this cub did not survive for long.

Zhu Chuanhui, a senior conservationist of finless porpoise who studied environmental science in Australia, told The Paper that in his opinion, the best way to meet similar situations is to let the cubs stay where they are.

"If you stay where you are, the cubs will at least have hope to reunite with their mothers. Just because the water is found to be rushing does not mean that the cubs will not be discovered by their mothers." Zhu Chuanhui said that if it is farmed artificially, it may be possible to maintain its life by formula milk for a period of time, but in addition, the cub needs its mother to teach it to swim, survive and forage, which humans cannot do. Moreover, the cubs who have no viability come to live alone in a strange environment, which is slightly inappropriate and is likely to die because of fright and drowning.

Zhu Chuanhui believes that professionalism is more important than love in protecting wild animals. "Humans love wild animals very much, but wild animals may not love humans. Compared with love, they may need more professional and practical protection. "

According to public information, the finless porpoise is known as the "smiling angel" in the water. At present, the number of finless porpoises in China is about 1000, which is rarer than that of giant pandas, and has been listed as an "extremely endangered" species.

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