"Tik Tok" v. "Gang Pai" became the first case accepted by Beijing Internet Court.

  Chinanews. com client September 10 (Reporter Fu Qiang) The Beijing Internet Court was deeply concerned as soon as it was established. As of 18: 00 on the 10th, the electronic litigation platform of our hospital had received 207 applications for online filing, and the dispute over the right to spread information on the network of "vibrato short video" v. "co-shooting small video" became the first case accepted.

Beijing Internet Court. Photo by leng Yuyang

  "Online Litigation" has been recognized and more than 200 cases have been accepted.

  According to the Beijing Internet Court, since its electronic litigation platform was opened to the public on the 9th, as of 18: 00 on the 10th, the total number of visits has reached 207,300, with 586 registered users, and 207 online filing applications have been received.

  It is also known that the technical service hotlines of Beijing Internet Court (86433901, 86433902) have answered the hotlines 78 times so as to solve problems existing in practical operations such as electronic litigation platform and WeChat applet. The filing service hotline (86433721) answered the hotline 77 times, answering questions from the parties about the jurisdiction of the court and the scope of accepting cases.

  According to the court, some parties have specially called to praise the way of internet litigation, saying that the electronic litigation platform has provided great convenience and saved a lot of time and energy for the parties.

Interior of Beijing Internet Court. Fu Qiang photo

  "Tik Tok" v. "Gang Pai" became the first case accepted.

  It is reported that the dispute over the information network communication right of "short video with vibrato" v. "small video with partners" became the first case accepted by Beijing Internet Court.

  According to the contents disclosed by Beijing Internet Court, the plaintiff Beijing Weibo Vision Technology Co., Ltd. claimed that "Vibrato Short Video" is an original short video sharing platform legally owned and operated by it. For the short video created by the creator who signed an exclusive agreement, the plaintiff obtained the exclusive right to spread the information network and the exclusive right to defend rights. The "5.12, I want to tell you" short video released on the platform of "Vibrato Short Video" (hereinafter referred to as the short video involved in the case) was independently created by the creator of the short video involved in the case, and should be protected by China’s copyright law as a work.

  Defendant Baidu Online Network Technology (Beijing) Co., Ltd. and Defendant No.2 Beijing Baidu Netcom Technology Co., Ltd. jointly provided users with the download, installation, operation and update and maintenance of related functions, and publicized and promoted the "small video". The plaintiff found that after the short video involved in the case was released on the Tik Tok platform, the two defendants spread the short video involved in the case and provided download service without the plaintiff’s permission.

  The plaintiff believed that the two defendants’ unauthorized dissemination caused great economic losses to the plaintiff, so they filed a lawsuit according to law, demanding that the two defendants stop the infringement, compensate the plaintiff for the economic loss of 1 million yuan, and reasonably pay 50 thousand yuan for the lawsuit.

  It is understood that the case is the litigation materials and filing application submitted by the plaintiff online on the electronic litigation platform of Beijing Internet Court. After the online review by the judge of the filing court of Beijing Internet Court, the case has been formally accepted. The parties can grasp the progress of the case in real time through their registered accounts.

  According to the Beijing Internet Court, at present, the legal protection of the short video industry at home and abroad is in the exploratory period. This case is the first lawsuit on short video copyright between the two platforms. Whether the short video involved constitutes a work, the rights boundary between short video platforms, between short video platforms and users, and the application of blockchain forensics technology in the judiciary are worthy of attention.

Beijing Internet Court. Photo by leng Yuyang

  On-line trial of online cases Internet courts highlight serving the convenience of the people.

  It is understood that the newly established Beijing Internet Court has centralized jurisdiction over first-instance specific Internet cases that should be accepted by grassroots people’s courts in Beijing, including Internet shopping and service contract disputes; Internet financial loans, small loan contract disputes, Internet copyright ownership and infringement disputes; Internet domain name disputes; Internet tort liability disputes; Internet shopping product liability disputes; Internet-related public interest litigation cases filed by procuratorial organs; Administrative disputes caused by the administrative management of the Internet; Other Internet civil and administrative cases designated by the people’s court at a higher level.

  In terms of trial methods, Beijing Internet Court takes "online trial of online cases" as the principle, focusing on building an electronic litigation platform. Without going to the court, the parties can realize the online handling of all or part of litigation links such as prosecution, mediation, filing, service, mediation, trial, judgment and execution.

  According to the application of the parties or the needs of case trial, the Internet court may also decide to complete some litigation links offline.

  A case concluded by Beijing Internet Court in the first instance may appeal to Beijing No.4 Intermediate People’s Court if the party refuses to accept the judgment or ruling. However, appeal cases involving Internet copyright ownership disputes, infringement disputes and Internet domain name disputes are tried by Beijing Intellectual Property Court.

  Some commentators believe that through the network handling from filing a case to executing all or part of the litigation, the parties can "run less" or even "not run", highlighting the concept of serving the convenience of the people, and at the same time significantly reducing the litigation costs of the parties. (End)

The chaos of the old scooter: the cottage "Lamborghini" sells well for 29 thousand.

  CCTV News:In recent years, many four-wheeled vehicles have appeared around us unconsciously, which look like cars and are one size smaller than cars, and the words "old scooter" are often marked in the prominent position of the car body. Sometimes these cars run parallel to motor vehicles, and sometimes they drive on sidewalks and bicycle lanes, and they walk freely through the streets and alleys of the city.

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△ At an intersection in Beijing, four-wheeled vehicles repeatedly violated regulations.

  So what exactly is this four-wheeled vehicle? Why can you drive on the road so willfully?

    The mystery of the life experience of "old scooter"

  During the visit, the reporter found that there are still many places to distribute this kind of car in Beijing. This kind of car is actually a low-speed four-wheel electric vehicle. It first came into the public eye as an "old scooter" around 2012, and the "old scooter" evolved from an electric wheelchair with a speed basically controlled below 10 kilometers per hour and belonging to medical devices.

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△ "Old scooter" evolved from electric wheelchair.

  Around 2012, after continuous modification, the "old scooter" has been very close to ordinary motor vehicles, powered by electric energy, and the maximum speed can reach about 40 kilometers per hour.

  In the past few days, the reporter visited a number of dealers and found that the sales of this kind of car in recent years are quite amazing. According to a first-class dealer of a certain brand, he sold 1,600 cars a year. When it was hot, he had to queue up to buy a car and sell one, but his sales were not the most.

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  According to rough statistics, in Beijing, there are at least ten primary dealers of a certain brand of electric vehicles with an annual sales volume of over 1,000 units, and there are several secondary distributors under each primary dealer; In addition to a few big brands of low-speed four-wheel electric vehicles, there are a large number of brand-name cars flooding the market. In recent years, low-speed four-wheel electric vehicles are growing at a high speed with an annual growth rate of tens of thousands in Beijing. The reason why it is still sold in the name of "old scooter" is that manufacturers and distributors have their own purposes.

   You can drive without a license? The treatment of scooter is very "special"

  Why can the so-called "old scooter" be sold so hot? The reporter consulted a number of dealers as buyers in Beijing, and all told reporters without exception: you can drive on the road without a license or a driver’s license! So is this the case? The reporter interviewed several car owners at random, and most car owners have not encountered inspection. A car owner who asked not to be named told reporters that if you want to buy a motor vehicle in Beijing, you must participate in the lottery, but you can’t shake it after several years, and finally you have no choice but to choose a low-speed four-wheel electric vehicle. In addition to not having to shake the license plate, car owners told reporters that the low cost of car use is also a major reason why they choose this kind of vehicle. First of all, the price of about 30,000 to 40,000 is close to the people. Secondly, the cost of running a hundred kilometers with full electricity is seven or eight yuan.

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  According to the Road Traffic Safety Law and relevant regulations of Beijing, this kind of vehicle is recognized as a motor vehicle in Beijing. In the past two years, the traffic control department of Beijing has also strictly investigated the illegal behavior of such vehicles on the road, but in fact, except for the core sections such as Chang’ an Street, such vehicles are still popular in the city.

  In addition, in order to attract consumers, some dealers have also launched preferential activities to buy cars and send insurance. So what kind of insurance is this gift? China implements the compulsory motor vehicle third-party liability insurance system, in order to ensure the liability of the insured motor vehicle to compensate the victims for personal injury and property losses caused by road traffic accidents. The so-called third party liability insurance given by the dealer is not motor vehicle insurance, but actually a personal accident insurance, and once an accident occurs, the amount of compensation is very limited.

  There are no national standards for industries with different policies in different places.

  The reporter contacted a number of electric vehicle dealers in Beijing and conducted a test drive on a variety of low-speed four-wheel electric vehicles. It was found that the top speed of these electric vehicles can generally reach about 40 kilometers per hour. At present, the management standards for low-speed four-wheel electric vehicles are not uniform in different places. For example, in Shandong, Hebei, Henan, Sichuan and other places, such low-speed four-wheel electric vehicles can be licensed and can drive on the road, but in Beijing, Shanghai and other places, such vehicles are prohibited from illegally driving on the road.

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  In China, domestic automobiles are certified by Announcement of Road Motor Vehicle Manufacturers and Products and China Compulsory Certification, that is, 3C certification. The public security traffic control department will take the Announcement of Road Motor Vehicle Manufacturers and Products regularly issued by the Ministry of Industry and Information Technology as the basis for the registration of such vehicles. But at present, no low-speed four-wheel electric vehicle has passed these two certifications, that is to say, the country has not recognized it as a motor vehicle.

  On the one hand, the speed of low-speed four-wheel electric vehicles far exceeds the national standard that the speed of "old scooter" is less than 10 kilometers per hour. On the other hand, low-speed four-wheel electric vehicles do not belong to the category of motor vehicles in theory. This means that the low-speed four-wheel electric vehicle is currently in the gray area between the "old scooter" and the motor vehicle.

  The cottage Lamborghini only sells for 29 thousand

  The reporter found through investigation that at present, most of these low-speed four-wheel electric vehicles on the market are produced in Shandong, Jiangsu, Hebei and other places. Among them, Shandong Province, as the "birthplace" of low-speed electric vehicles, ranks first in the country in terms of industrial scale. According to the data released by Shandong Automobile Industry Association, the output of low-speed electric vehicles in Shandong Province reached 347,000 in 2015, and the market of low-speed electric vehicles in Shandong Province maintained rapid growth for four consecutive years from 2012 to 2015, with a year-on-year increase. What about the production and sales there?

  Wucheng County, Dezhou City, located at the junction of Shandong and Hebei provinces, is famous for its automobile parts production. In recent years, Wucheng County has rapidly developed into the largest low-speed four-wheel electric vehicle manufacturing base in Shandong and even the whole country. On the grounds of talking about agency, the reporter contacted a manufacturer located in the old town of Wucheng County. From the county seat, less than 20 kilometers away, there are no fewer than 20 large and small electric vehicle manufacturers. Some manufacturers just sell cars in a facade room in front, and then set up a shed at the back to start making cars.

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  Subsequently, the reporter came to the factory contacted in advance. As soon as he entered the factory, he saw a forklift truck being busy loading and delivering goods. Two workers in the workshop were installing an electric car that looked like a Ford Carnival. In order to show their strength, the sales manager also showed reporters a new model they are developing, which looks like Lamborghini and costs only 29 thousand.

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  This low-speed electric car, which looks like a sports car, is a new product being developed by the manufacturer. The sales manager told the reporter that the car is currently in the debugging stage, and they can mass-produce it at any time if there is an order. For these manufacturers of low-speed four-wheel electric vehicles, batteries and other parts are ready-made, and the biggest research and development cost is the appearance of the vehicle.

  The production of "old scooter" is made of unqualified iron.

  In the workshops of many manufacturers visited by the reporter, there are all kinds of models such as Land Rover, Mercedes-Benz, BMW, Ford Carnival, etc., and the car bodies made of iron sheets occupy the mainstream of the market. According to the reporter’s visual inspection, the thickness of these iron sheets used to wrap the car bodies is no more than 2 mm, and no safety test has been done.

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  The sales manager told the reporter that with the strength of their factory, it is not a problem to produce 20 cars a day. If the order quantity is large, they can also produce together with several small factories around them to ensure timely delivery. On the business license displayed by the manufacturer, the reporter found that this manufacturer does not have the relevant qualifications to produce four-wheeled electric vehicles. The reporter searched the registration data of dozens of electric vehicle enterprises in Wucheng County, including local first-class manufacturers such as Dexing, Weikerui and Xinaoyu, and found that the production and business scope of these automobile enterprises is only off-highway tourism sightseeing bus or indoor sightseeing bus, and does not include the R&D and production license of four-wheel electric vehicles. That is to say, these automobile enterprises all produce low-speed four-wheel electric vehicles with the qualification of producing sightseeing bus, and this phenomenon is also common in other parts of the country. 

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  How to solve the chaos of the old scooter?

  On July 29th this year, Shandong Province issued an urgent investigation notice for low-speed electric vehicles, and investigation teams composed of departments such as letter, quality inspection, public security, industry and commerce went to all parts of Shandong Province to investigate the production and sales of low-speed electric vehicles, so as to provide a basis for formulating management opinions on low-speed electric vehicles in Shandong Province in the next step. And where should the low-speed four-wheel electric vehicle go next?

  Professor Shi Jing from Tsinghua University Transportation Research Institute said that relevant departments should make more efforts in management instead of simply banning it. He believes that to solve the management problem of low-speed four-wheel electric vehicles, one is to solve its safety problem, that is, to reduce the speed, and the other is to solve the order problem, which can be managed according to the motor vehicle number plate.

  In addition, the reporter learned from the National Standards Committee that the Ministry of Industry and Information Technology had submitted the national standard project "Technical Conditions for Four-wheel Low-speed Electric Passenger Cars" at the beginning of this year. In April this year, the National Standards Committee also solicited opinions on the project for the society and is currently organizing and handling the opinions received. In the next step, the General Administration of Quality Supervision, Inspection and Quarantine and the National Standards Committee will steadily promote the formulation of national standards, hoping to introduce relevant management regulations as soon as possible, so that the elderly scooter will no longer drive at will and reduce potential safety hazards.

What is the direction of the real estate market in the next five years? Authoritative Interpretation of Economic Daily →

This article was transferred from [Economic Daily];
In the traditional peak season of "Golden September and Silver 10" in the real estate market, developers exchanged prices for quantity, especially head housing enterprises, and achieved good sales performance. Does this mean that the property market will gradually pick up in the future? By studying the Proposal of the Central Committee of the Communist Party of China on Formulating the 14th Five-year Plan for National Economic and Social Development and the Long-term Target for the Year 2035 issued by the Fifth Plenary Session of the 19th Central Committee, we can see that "housing without speculation" will remain the main tone of the future real estate control policy, and "promoting the healthy development of housing consumption" is expected to bring more incremental space to the market.
In the second half of this year, local regulatory policies have been continuously increased, the real estate market has remained stable as a whole, and the momentum of excessive housing price increases has been effectively curbed. In the traditional peak season of "Golden September and Silver 10" in the real estate market, developers exchanged prices for quantity, especially head housing enterprises, and achieved good sales performance. Does this mean that the property market will gradually pick up in the future?
As can be seen from the "14 th Five-Year Plan" proposal adopted by the Fifth Plenary Session of the 19th Central Committee,"Housing without speculation" will remain the main tone of future real estate regulation and control policies, and "promoting the healthy development of housing consumption" is expected to bring more incremental space to the market..
The "Golden September and Silver 10" property market is generally stable.
Judging from the changes in the sales price of commercial housing in 70 large and medium-sized cities announced by the National Bureau of Statistics, the increase in the sales price of commercial housing dropped slightly in September.
Sheng Guoqing, senior statistician of the Urban Department of the National Bureau of Statistics, said that in September, the sales prices of new commercial housing and second-hand housing in various cities dropped from the previous month. The year-on-year increase in sales prices of new commercial housing and second-hand housing in second-and third-tier cities continued to decline. Although the house price data in October has not yet been released, on the whole, the national house price remained stable in September and October.
September is the traditional sales season in the real estate market, and housing enterprises naturally don’t want to miss this good opportunity for promotion. For example, Evergrande Real Estate launched a large-scale marketing campaign, with sales of about 60 billion yuan during the "Eleventh" period alone, and the overall performance in October exceeded 100 billion yuan. R&F Properties took the lead in entering the real estate e-commerce platform "Tmall Good Room", and promoted it with the help of the platform. During the "Eleventh Five-Year Plan" period, sales on this platform alone reached 5.6 billion yuan. COSCO Group’s sales in September and October were 16.03 billion yuan and 16.11 billion yuan respectively, up by 19% and 31% respectively.
Statistics from research institutions show that, Evergrande, Sunac, Country Garden, Vanke and Poly all exceeded 100 billion yuan in total sales in September and October.. In addition, in October, the sales performance of housing enterprises such as Poly, Greentown, Shimao, Gemdale, China Merchants and Jinmao was also outstanding, and the monthly performance scale increased significantly year-on-year.
However, people in the industry generally believe that housing enterprises actively market during the sales window period. Compared with other small and medium-sized housing enterprises, leading housing enterprises perform more prominently. And on the whole,Since the third quarter, the growth of the overall performance scale of housing enterprises has mainly benefited from the backward pace of sales and supply during the year, and the supply has increased significantly..
Since the second half of this year, Shenzhen, Nanjing, Hangzhou, Chengdu and other cities have successively introduced real estate control measures to crack down on speculation and prevent the property market from overheating. From the current point of view, the policy effect is obvious, and the housing price has not risen too fast under the control. Stability is still the general tone of the current market.
Adhere to the main tone of "housing without speculation"
The influence of policy direction on the future real estate market is very important. As the "Thirteenth Five-Year Plan" enters its final year, what will be the main tone of the real estate market in the next five years?
The Central Committee of the Communist Party of China’s Proposal on Formulating the 14th Five-year Plan for National Economic and Social Development and the Long-term Target for the Year 2035 (hereinafter referred to as the Proposal) puts forward that "we should adhere to the position that houses are used for living, not for speculation, rent and purchase at the same time, and promote the stable and healthy development of the real estate market", "promote the healthy development of housing consumption", "effectively increase the supply of affordable housing, improve the income distribution mechanism of land transfer, and explore and support the use of collective construction land to build rental housing according to the plan.
All the above shows that the real estate policy will maintain stability and continuity. During the "Thirteenth Five-Year Plan" period, after the policy of "housing and not speculating" was put forward, China’s real estate market generally entered a stage of steady development, and individual cities adopted a high-pressure policy of "outcrop and fight" against the excessive rise in housing prices.Even in the first half of this year, when the COVID-19 epidemic was sudden and the downward pressure on the economy increased, the regulation of the real estate market in the second half of this year has not been relaxed at all.. The central government and a number of competent departments have stated that they adhere to the positioning of "housing and not speculating", and talked about relevant cities, introduced new financing regulations, and continuously introduced regulatory measures in many places, demonstrating their firm determination to curb the excessive rise in housing prices.
It can be said that the main tone of the real estate policy during the "14th Five-Year Plan" period will still be "housing and not speculating", and the stable and healthy development of the real estate market will be a clear direction..
Affected by the tightening of regulation, the local real estate policy was significantly reduced in October. Based on the fact that the central level has always maintained the determination of real estate regulation and control, and since the second half of the year, it is expected that the real estate policy environment will remain tight in the next stage, and local governments will remain cautious when introducing regulation and control policies. Hot cities and cities with excessively high housing prices will still face tightening regulation and control, and it is not excluded that more cities will join the "restricted purchase and restricted sales tide".
The "National Monitoring Report on Real Estate Policy Changes" released by the Evaluation and Research Center of China Housing Research Association in October believes that,In the long run, the purpose of real estate regulation is to stabilize land prices, stabilize house prices and expectations, and promote the stable and healthy development of the real estate market. With the effective control of the real estate market in hot cities, the real estate policy environment will also change from tight to stable..
The "Proposal" also clearly stated that it is necessary to adhere to the policy of the city, promote the healthy development of housing consumption, and promote the balanced development of finance, real estate and the real economy. Under the guidance of policies, the differentiation of local regulation is expected to be further intensified in the future. Third-and fourth-tier cities may take the lead in stabilizing the property market by accelerating the construction of new urbanization, encouraging farmers to buy houses in cities, and giving subsidies or tax incentives for buying houses. In some hot cities, the real estate market supervision will maintain a high-pressure situation.
Promote the healthy development of housing consumption
In many people’s minds, investing in real estate can achieve the goal of maintaining and increasing wealth. Even if house prices can’t rise as sharply as in the past in the next few years, they can at least outperform inflation. Is buying a house really a sure-fire business?
In recent years, the property market has proved by facts that the investment in buying a house, like other investment behaviors, may make money or lose money. Some research institutions have compared house prices with CPI in the past three years, and found that only a few cities such as Xi ‘an and Yantai really exceeded the CPI increase. In Shanghai, Guangzhou, Beijing and other first-tier cities, the increase in house prices has not outperformed inflation in the past three years; In Wuhan, Tianjin, Langfang and other cities, the relative decline in house prices is obvious.
When referring to housing consumption, the "Proposal" clearly "promotes the healthy development of housing consumption". People in the industry generally believe that,"Housing consumption" is not simply the purchase consumption. The purchase consumption is gradually changing to residential consumption, including rental housing, renovation, supporting upgrades, quality improvement, service improvement and other broader consumer needs, linking many industries such as building materials, home improvement, health care and property services..
It is worth noting that the focus of promoting housing consumption is more on "healthy development", which means that residents’ housing improvement needs based on urban-rural migration, family changes and income growth are met. For development enterprises, we should pay attention to diversification and focus on improving the ability of continuous operation and service. As the number of new housing developments will decrease in the future, property management, pension, commerce, cultural tourism and renovation of old residential areas may become important profit sources for housing enterprises.
Source/Economic Daily (Reporter Kang Shu), the original title is "The real estate market performed steadily in September, and the main tone of the property market will not change."
Producer/Editor-in-Chief Jiang Fan/Blair
Editor/Wang Jingyang
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