标签： 西安夜生活网论坛

Are online celebrity products really worth buying？

According to incomplete statistics, there are currently more than 6,000 "online celebrity Live" practitioners in Yiwu, Zhejiang, involving more than 3,000 market operators. The picture shows that in a clothing store in Beixiazhu Village, Yiwu City, anchor online celebrity is broadcasting live. Photo by Gong Xianming (People's Vision)

　　According to incomplete statistics, there are currently more than 6,000 "online celebrity Live" practitioners in Yiwu, Zhejiang, involving more than 3,000 market operators. The picture shows that in a clothing store in Beixiazhu Village, Yiwu City, anchor online celebrity is broadcasting live. Photo by Gong Xianming (People’s Vision)

Screenshot recommended for the homepage of an APP on a grass planting platform in online celebrity.

Guo Dexinzuo (Xinhua News Agency)

　　"All girls!" "Too cheap!" "Grab it! Grab it! Grab it! " On October 21st, just a few hours before the first day of the pre-sale of Tmall double 11, Li Jiaqi, the first brother of lipstick, brought 30 million viewers in the webcast room into the atmosphere of "double 11" shopping spree in advance. That night, Li Jiaqi reached the top of the Taobao live broadcast anchor list, and the sales of 10,000 lipsticks in Zhong Chao were amazing. More brands have sold more than 100 million yuan in 6 minutes in the live broadcast.

　　A similar legend of online celebrity’s goods delivery is staged on the e-commerce live broadcast platform every day. Correspondingly, on various social networking platforms, online celebrity products are recommended in a dazzling array. online celebrity, who has a large number of fans, recommended various online celebrity products to fans through illustrated notes on "planting grass", vivid videos on "planting grass" or live broadcast. Words such as "pro-test is easy to use", "must-buy list" and "online celebrity explosion" have stirred up the consumption desire of social platform users.

　　In August this year, Xiaohongshu APP (mobile phone software) was removed from the shelves of major application malls. The official said that it would start a comprehensive investigation and rectification of the content in the station, conduct in-depth self-examination and self-correction, actively cooperate with relevant departments, and promote the optimization and upgrading of the Internet environment. Xiaohongshu, which has over 200 million users and advocates young lifestyle sharing, has become one of the most representative social platforms of "planting grass with goods". The development of Xiaohongshu is also the epitome of the whole online celebrity market with goods. While online celebrity, with goods, gathers huge traffic and drives huge sales, the uneven online celebrity products gradually expose the industry chaos behind the "sales miracle".

　　influencer marketing

　　Fans of professional online celebrity realized.

　　Who is the top online celebrity that is now all over the network? The answer to this question will be updated every once in a while.

　　In recent 20 years, the development of online celebrity has experienced a rapid iteration from 1.0 era to 4.0 era. Nowadays, online celebrity is gradually becoming a specialized profession, and online celebrity’s management mode has also changed from individual creation to team and enterprise management. Publishing content on social networking platforms, accumulating fans, creating personal brand influence, and realizing the realization of fan traffic through commercial channels have become the way for many first-tier online celebrity to get rich.

　　According to the White Paper on Eco-development of E-commerce in online celebrity in 2019 released by Crowley, in 2018, the number of netizens reached 829 million, and the number of online shopping users reached 610 million. On average, 73 out of every 100 netizens chose online shopping. Since 2015, the proportion of online retail sales of physical goods in the total retail sales of social consumer goods in China has soared from 8.04% to 18.4% in 2018. A huge number of online shopping users, huge online shopping demand and fast-growing online shopping market provide a fertile land for professional online celebrity.

　　Online celebrity, a professional who is eager to realize the flow, is a loyal fan with spending power. "When the golden wind meets the dew," online celebrity brings goods as the times require.

　　In the White Paper on Eco-development of E-commerce in online celebrity in 2019, online celebrity is defined as "online celebrity E-commerce", that is, content producers (network celebrities) with network influence recommend and sell products to users through content or e-commerce platforms. The main bodies of e-commerce in online celebrity include self-media, live anchors, stars, celebrities, shopkeepers, professionals and grassroots celebrities.

　　With the deepening cooperation between e-commerce platform and online social platform, online celebrity’s goods delivery gradually moves towards the category of "social e-commerce". Online celebrity brings goods on social platforms and interacts with fans in e-commerce live broadcast, which is a common way to bring goods in online celebrity at present.

　　According to the "2019 Taobao Live Ecological Development Trend Report" released by Taobao List and Taobao Live, the number of anchors who joined Taobao Live in 2018 increased by 180% year-on-year, and the Taobao Live Platform brought over 100 billion yuan, with a year-on-year growth rate of nearly 400%. There are more than 400 live broadcast rooms with a monthly delivery scale of more than 1 million.

　　"online celebrity’s delivery of goods is essentially a new way of docking supply and demand: consumers and businesses are docked through online celebrity. These online celebrity attract fans to conduct business activities through their own characteristics and high-quality content." Wang Xintian, a lecturer at the Business School of Ningbo University, said in an interview that the essence of online celebrity’s economy is to rely on social platforms to promote, form a loyal fan base by gathering a lot of attention, and derive various consumer markets around online celebrity, and finally form an economic model with a complete industrial chain.

　　According to relevant data, the main influencing factor of 83% young consumers’ purchase decision is the "online celebrity" and "Talent" sharing. On social media, it is normal for stars to bring goods, and fans are more willing to "plant grass" to buy products endorsed or recommended by stars.

　　"The essence of online celebrity’s delivery is still a marketing method, which transforms the gathered fans into actual product consumers through socialization and entertainment." Liao Huaixue, a lawyer of Taihetai Law Firm, analyzed in an interview that in this "consumption transformation" mode, online celebrity with goods, as an assumed consumer, directly uses, explains and displays goods. Compared with the traditional one-way static dissemination of goods information by e-commerce, this mode can interact with consumers and narrow the distance between them. "As a new format of e-commerce development, online celebrity’s delivery of goods enriches consumers’ shopping methods and has great development potential, but at the same time, there are frequent chaos in the industry, and it is urgent to standardize governance."

　　Grey secret

　　There are many routines and chaos.

　　The cat’s claw cup, the double yellow egg ice cream, and the exotic enzyme … … On the social platform of planting grass in online celebrity, you can find rich and detailed notes on "planting grass", whether it is cheap and easy to get daily snacks and good things in life, expensive and professional cosmetics and health products, or various international luxury brands.

　　Online celebrity with goods has become an artificial identification filter for mass products, with personal reputation and word of mouth as the guarantee, recommending various goods worth buying for its fans. However, due to the uneven quality of online celebrity, the different screening mechanisms of e-commerce platforms and social platforms, and the lag in supervision of relevant institutions, there are various problems hidden behind the phenomenon of online celebrity bringing goods.

　　Wei Wei, who works in a state-owned enterprise, is worried about losing weight recently. On a grass planting platform in online celebrity, Wei Wei planted a popular Japanese enzyme. Bloggers in online celebrity recommend this enzyme to decompose fat and sugar well and help to lose weight without affecting diet. After buying it and trying it twice, Wei Wei found that this enzyme is not as "fantastic" as bloggers said.

　　"Let’s not talk about the effect of losing weight. Every time I eat enzymes, I start to feel chest tightness and nausea. This is also the case when I asked some friends around me. " Wei Wei said, "These products are under the banner of being beneficial to health, and many bloggers in online celebrity have personally experienced them. The recommendations seem particularly convincing, and hundreds of comments are basically praised and applauded, which makes people easily believe them. However, the instructions on the product are all in Japanese, and there is no detailed Chinese translation. After we buy it back, the specific method of taking it depends on the blogger’s recommendation notes, which actually has certain security risks. "

　　The quality and safety of products can not be guaranteed, the product promotional pictures are inconsistent, and the data such as praise forwarding on the platform are falsified … … While online celebrity is in full swing, more and more users have discovered the gray "secret" behind the popularity of online celebrity products.

　　Xiao Zhao, a graduate student in Hongkong, has always been a loyal user of online celebrity Grass Planting Platform and Short Video Social Platform. A while ago, after watching the live broadcast of a beauty blogger, she bought a online celebrity neck cream. "The biggest highlight of this neck cream is that it has a push-pull roller, and it feels particularly good to watch the live broadcast. After buying it back, I found that the composition of this neck cream is similar to that of ordinary moisturizer, and the effect is also very general, and the actual utilization rate is not high. " Xiao Zhao said frankly that watching the live broadcast of "planting grass" often leads to impulsive consumption. The live broadcast can show the products very intuitively and concretely, but there are often cases where the live broadcast does not match the real thing.

　　Wang Xintian believes that the chaos in these industries is on the one hand an issue of industry evaluation mechanism. The intensification of industry competition in online celebrity has led to the increasingly obvious drawbacks of the evaluation mechanism on the mainstream online celebrity platform. For example, on some platforms, online celebrity is ranked by likes and sales volume, which leads some companies to "brush data" in order to get higher exposure. On the other hand, it is the problem of supervision mechanism. If "brushing data" can also be regarded as a kind of online marketing behavior, then false advertising is suspected of commercial fraud and needs the intervention of market supervision departments. At present, this aspect needs to be strengthened urgently.

　　Have a scale in mind

　　Governing by law and strengthening identification

　　"It is a comprehensive management process to solve all kinds of problems existing in online celebrity’s goods delivery." Liao Huaixue believes that at present, China’s Advertising Law, Electronic Commerce Law, Anti-unfair Competition Law, Product Quality Law, Food Safety Law and Consumer Rights Protection Law have relatively perfect provisions on legal issues such as false propaganda, data fraud, product quality, food safety and consumer rights protection. In online celebrity, different subjects involved in the behavior of carrying goods should participate in the link of governance according to law.

　　First of all, online celebrity with goods should improve the ability to control the quality of goods, carefully choose cooperative brands, and merchants should standardize the supply chain, work hard on the quality of goods, and ensure after-sales service. Secondly, the short video live broadcast platform should earnestly fulfill its responsibilities, strengthen the audit of live broadcast content, establish a "blacklist" system for online celebrity with goods and sellers, implement a platform ban system for online celebrity and merchants who infringe on consumers’ interests, standardize consumers’ payment methods, and establish and improve the platform order tracking system. The regulatory authorities should strengthen supervision. If online celebrity’s goods-carrying behavior infringes on the interests of consumers, the merchants and the goods-carrying online celebrity should share the responsibility. At the same time, if the short video live broadcast platform fails to fulfill the corresponding regulatory obligations and platform management responsibilities, the live broadcast platform should also bear the corresponding responsibilities.

　　"Everyone has a steelyard in their hearts. I will trust evaluation bloggers who have more fans, more pertinent evaluations, advantages and disadvantages, and choose products from reliable brands. " Xiao Ning, who often browses the evaluation videos of skin care products on the short video platform, has her own experience in identifying online celebrity’s "planting grass". "After watching the video, first brush the comments under the video, then check the ingredients of the products on the special software, choose the products that really suit you, and then go to the e-commerce platform to search and buy." Strengthening the ability to identify products with goods in online celebrity and improving the network literacy of users of e-commerce and social platforms is a self-defense technique for netizens to deal with the problem of goods with goods in online celebrity.

　　From June to November this year, the State Administration of Market Supervision and other eight departments jointly launched the 2019 special action of online market supervision (Network Sword Action) to severely crack down on online sales of counterfeit and shoddy products, unsafe food and counterfeit drugs. From September to December next year, the Supreme People’s Procuratorate, State Administration of Market Supervision and National Medical Products Administration will jointly carry out "Implementing Food and Drug Safety ‘ The four strictest ’ Request "special action, to online celebrity food safety violations. National laws and supervision of relevant departments are "racing" with illegal activities in online celebrity.

　　The authenticity of online celebrity products is being tested by consumers and the market; Online celebrity’s routine of bringing goods is also gradually being found out by users and supervision platforms; Online celebrity’s brand image has become more and more true after the flushing of flow realization. With the improvement of consumers’ discriminating ability, the tightening of platform supervision and the strengthening of law enforcement, online celebrity will eventually return to its original intention: let more high-quality goods meet people who really need them.

Wu Chuan： ＂Cook glutinous rice balls together to celebrate Yuanxiao＂ conveys love and warms the hearts of the elderly!

Lantern Festival on the fifteenth day of the first lunar month is an important traditional festival in China. Every Lantern Festival, every household will cook and eat dumplings. The appearance of dumplings is round, which means that every family is round and sweet. In order to let the old people feel the festive atmosphere and the warm care of the society. On the morning of February 25th, Wuchuan Chuangwen Office and Municipal Civilization Office led more than 20 volunteers, including Tianzhu Huiai Service Team and Tianzhu Life Care Team, to come to Wuchuan Shallow Water Nursing Home to carry out the "Our Festival Lantern Festival" volunteer service activity with the theme of "Cooking glutinous rice balls together to celebrate Lantern Festival" and spend the happy and peaceful Lantern Festival with the elderly in the nursing home.
Accompanied by the resident manager of the nursing home, the condolence team delivered solatium and condolences warmly sponsored by Liang Yaozhong, general manager of Zhanjiang Xipai Cultural and Creative Co., Ltd. to the elders.
Volunteers make dumplings and cook them with the elders in the nursing home. The usual silence and long-term loneliness have been broken. From time to time, people burst into laughter and applause, so that they can personally experience the warmth and care given by volunteer service during the Lantern Festival and live a warm and peaceful festival.
Vigorously carrying out voluntary activities is an important embodiment of the progress of contemporary social civilization, the focus of creative work, and the unshirkable responsibility of contemporary youth. Respecting the old and loving the young is the traditional virtue of the Chinese nation. Volunteer service is like flying spring poems, driving away the loneliness of the elderly, like flying Haruka, retaining the joy of the elderly.
Chen Rong, member of the Standing Committee of Wuchuan Municipal Committee and Minister of Propaganda Department, appealed to the society: "I hope more people can participate in volunteer service activities, provide more care for the elderly who are lonely, and let the elderly have a sense of security, hope and happiness, so that the concept of volunteering can be widely popularized and the spirit of volunteerism can be vigorously promoted."
Guangzhou Daily Full Media Reporter: Guan Jiayu Correspondent: Long Zhisong, Xie Nijun
Guangzhou Daily Full Media Photo Reporter: Guan Jiayu Correspondent: Long Zhisong, Xie Nijun
Guangzhou Daily Full Media Editor: Tong Dan
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Heavy! There will be these changes in the examination of expanding the recruitment scale of civil servants in many provinces.

　　BEIJING, Beijing, June 12 (Reporter Qi Feng) Recently, many provinces intensively launched the recruitment of civil servants in 2020. Compared with last year, the recruitment scale of many provinces has increased, and some regions have also set aside some positions specifically for college graduates. In addition, various localities also put forward targeted measures for epidemic prevention and control during the examination to ensure the smooth examination and the health of candidates.

　　Data map: A civil servant test center, candidates lined up to enter the examination room. Photo by Wu Junjie

　　The enrollment of civil servants in many provinces is close to 400%

　　Recently, a number of provinces have intensively released the 2020 civil service recruitment announcement. Compared with previous years, the scale of civil service recruitment in various places has increased significantly.

　　On June 9, the Civil Service Bureau of Inner Mongolia Autonomous Region issued the general rules for the recruitment of civil servants (public employees) in the 2020 examination for party and government organs (public participation units). Inner Mongolia plans to recruit a total of 7,270 civil servants (public employees) this time, which is close to 400% compared with 1,471 in the previous year.

　　In addition to Inner Mongolia, Shandong, which started the recruitment of civil servants in April this year, plans to recruit 7,360 people, an increase of more than 140% compared with the recruitment scale of 3,047 people last year. Fujian plans to recruit 3,724 civil servants this year, an increase of more than 50% compared with 2,471 last year. Henan plans to recruit 9,837 people this year, an increase of over 30% compared with 7,478 people last year.

　　In addition, Hubei Province, which has not officially started the recruitment of civil servants, has previously made it clear that the recruitment plan for civil servants will increase by 20% in 2020 and that for Selected Graduates will increase by 50%.

　　"Due to the reform of local institutions, many provinces reduced the recruitment scale of civil servants last year, which is this year ‘ Enrollment expansion ’ The premise background. " Zhang Xiaolong, an expert in chalk education public examination, analyzed that the staffing plan of civil servants has remained stable as a whole. This year, the recruitment scale of some provinces has been expanded, largely due to the resumption of the recruitment plan previously affected by institutional reform, and the normal personnel replenishment has been realized.

　　In addition, Zhang Xiaolong said that this year, affected by the epidemic, grass-roots public service departments in some areas need to appropriately strengthen their strength and enrich their personnel, which is also one of the factors of enrollment expansion.

　　Data Map Photo by Huang Weiming

　　With the expansion of civil servants, are there more opportunities for fresh graduates?

　　In the annual civil service recruitment examination, fresh graduates are an important part of the army. This year, the number of college graduates reached 8.74 million, a record high. Then, under the background of the expansion of civil servants in many places, is the probability of fresh graduates becoming public higher?

　　Judging from the recruitment policies of various places, some areas have released the signal of leaning towards fresh graduates in the recruitment of civil servants.

　　For example, the "Several Measures for Further Promoting the Employment of College Graduates in 2020 in Tianjin" recently issued by Tianjin Municipal Bureau of Human Resources and Social Security clearly stipulates that the number of positions for recent college graduates in the recruitment of civil servants should be increased, and civil servants should be recruited by organs below the district level, except for targeted and special demand positions. In principle, they are all for recent college graduates.

　　In Shandong, this year, in the recruitment of Shandong civil servants, 1,021 positions were taken out for the first time, specifically for college graduates. Wang Zhimin, director of the Second Division of Civil Servants of the Organization Department of Shandong Provincial Party Committee, told the media that in addition to these positions, there are 90% positions that fresh graduates can also apply for.

　　In view of expanding the recruitment of civil servants in many places, Wang Yukai, a professor at the Central Party School (National School of Administration), analyzed that for this year’s large-scale college graduates, the expansion of civil servants will undoubtedly provide them with more opportunities, and encouraging college graduates to join the grassroots line to make contributions is also an important accumulation and experience for their future growth and development.

　　"Every year, a certain proportion of positions will be reserved for fresh graduates, and this year’s proportion may increase slightly." Zhang Xiaolong said that compared with the recruitment of civil servants, the local government will be more inclined to the fresh graduates in the recruitment of institutions and teachers.

　　Zhang Xiaolong said, from the analysis of the recruitment plans released in various places at present, the overall proportion of fresh graduates and previous graduates in this year’s recruitment requirements will be the same as in previous years.

　　However, experts also said that enrollment expansion is undoubtedly a good news for both fresh graduates and previous graduates. "From the current registration situation in some provinces, compared with last year’s reduction, everyone’s ‘ Chenggong ’ The probability will be improved a lot. " Zhang Xiaolong said.

　　Data map. Photo by Zhang Bin

　　The exam time has been postponed. Is there a "joint exam" this year?

　　The recruitment of civil servants organized by provinces has also become a "provincial examination". In recent years, most provinces have concentrated the provincial examination on the written examination in April every year. In recent years, more than 20 provinces have held civil service examinations together, which is also called the "joint examination".

　　This year, affected by the epidemic, the recruitment time of civil servants in many places was delayed, and the written test time was relatively scattered.

　　Judging from the provinces that have announced the written examination time for provincial examinations, Fujian and Sichuan will arrange the written examination for public subjects on July 25th, Yunnan and Hunan on August 22nd, while Inner Mongolia has made it clear that the written examination for posts in the public security system will be held on July 25th and 26th, and the written examination for posts outside the public security system will be held on August 22nd.

　　"Due to the different situations faced by epidemic prevention and control in different places, the written examinations of provincial examinations in different places may not be concentrated on a large scale this year, and there may be two small-scale joint examinations on July 25 and August 22, respectively." Zhang Xiaolong analyzed that the civil service examination requires higher quality of the proposition, and some provinces will still take the joint examination of unified proposition.

　　Observing this year’s provincial examination policy for civil servants, all localities have made arrangements for the epidemic prevention and control of the public examination itself. For example, some areas require wearing masks, showing health codes, and some must provide nucleic acid test results.

　　It is worth mentioning that Shandong and Zhejiang have clearly reduced the written examination of public subjects to half a day. Shandong also specifically stated that it is necessary to adopt a method of testing admission and seamlessly connecting exams to minimize the gathering of people.

　　Zhang Xiaolong reminded that candidates must pay attention to the epidemic prevention requirements of all localities in the provincial examination in special years, and do a good job of self-health management in advance. In addition, they should adjust their work and rest rules in time and make good preparations for the examination.

　　"For example, if the" Line Test "and" Shen Lun "are placed in a half-day exam, the intensity of the exam will increase sharply. Candidates need to adjust their biological clocks in advance and adjust their best test status to the test time."

This table of reunion dinner warms the stomach and warms the heart

This table of reunion dinner warms the stomach and warms the heart.
Zhang Shangyou, a "good man in Changsha", hosted a banquet for sanitation workers before the Spring Festival for 15 consecutive years.
There were 8 tables for the New Year’s party on that day, and nearly 80 representatives of sanitation workers felt the strong flavor of the year in advance. Changsha Evening News all-media reporter Deng Yanhong photo
Changsha Evening News on January 29th (all-media reporter Deng Yanhong) At noon on the 29th, a New Year’s group meeting to pay tribute to sanitation workers was held in Castroni, Dingding Xiangwei, Gao Qiao market. Nearly 80 representatives of sanitation workers gathered together to feel the rich flavor of the 2024 Spring Festival in advance. The organizer of the banquet is Zhang Shangyou, a 53-year-old chairman of Dingding Xiangwei Company and a native of Liuyang, who is also the "Changsha Good Man" in 2021. In 2008, he witnessed the hardships of sanitation workers sweeping snow and deicing, and decided to invite sanitation workers to express their respect and gratitude on the eve of the Spring Festival every year. This year is the 15th consecutive year.
"lucky strike, Liuyang black goat, genuine braised pork …" At 12 o’clock noon, the banquet officially began, and a series of dishes with all colors and flavors were served in turn, with a total of 14 courses, including the main course and cold dishes, which were sweet, sour, spicy and salty, taking care of the tastes of sanitation workers from all corners of the country. There were 8 tables for the New Year’s party on that day, and all the invited people were sanitation workers who worked near the Gao Qiao market and whose hometown was all over the country. After the banquet began, Zhang Shangyou took tea instead of wine and went to the table to express his gratitude and respect to the sanitation workers. "The 10 main courses mean’ perfect’ and wish the sanitation workers a complete life. Due to the limited space, only nearly 80 sanitation workers attended the banquet, but we prepared a New Year gift package for the sanitation workers working nearby. " Zhang Shangyou told reporters.
Lu Yinfen, 51, is one of the sanitation workers invited to the banquet. She is from Taojiang, Yiyang, and both her husband are engaged in cleaning in Gao Qiao market. She told reporters that she was very happy to be invited to the banquet. "Now the city is getting more and more beautiful, and everyone is paying more and more respect to sanitation workers, which makes us very happy."
The reporter learned that Zhang Shangyou first hosted a banquet for sanitation workers in 2009. At that time, his shop was not as big as it is now. At that time, eight nearby sanitation workers participated. In 2008, he was deeply impressed by the images of sanitation workers sweeping snow and deicing in Gao Qiao market, and he also benefited from doing business there. That banquet made Zhang Shangyou feel the hard work and kindness of sanitation workers. Since then, he has had an idea: to hold a reunion dinner every year to thank the hard-working sanitation workers nearby.
In the past 15 years, the sanitation workers near the market have changed one after another, but every year on the eve of the Spring Festival, Zhang Shangyou invites them to have a New Year reunion dinner. His store in Gao Qiao market also provides 100 love breakfasts to nearby sanitation workers and the elderly every day.
The reporter noticed that this year’s group meeting, Zhang Shangyou let his youngest son also participate in the activity, and let his youngest son send the New Year gift to every sanitation worker. "I want young people to realize that it is not easy for sanitation workers, and our love activities will continue."
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Car damaged houses run water … Who will ＂pay＂ for property losses after the rainstorm？

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Recently, heavy rains have occurred frequently, and meteorological departments and other relevant departments have issued early warning information in time to remind the public to take preventive measures. Who will be responsible for the property loss? How to defend rights? Three court cases belong to rain-related disputes, and the judge interpreted the case to provide useful guidance for the prevention of disputes and the resolution of contradictions.

The sudden rainstorm caused the courier to be soaked. Should the courier company pay for it? The rain rushed into the living room and bedroom, and the furniture was damaged. Should the property be held responsible? Is it legal for the insurance company to refuse to compensate for the car stall caused by water accumulation on the road?

Recently, extreme weather such as heavy rain has occurred frequently, and people are faced with rain-related disputes. How should we protect our rights? Who will be responsible for the property losses? A few days ago, the Fangshan District People’s Court of Beijing issued a set of typical cases and interpreted them in order to provide useful guidance for effectively preventing disputes and resolving contradictions in time.

Who will pay for the damage caused by the rainstorm?

In June, 2022, Zhao mailed ten mobile phones through a courier company. When the mobile phones were not delivered after they were delivered to the destination, the rainstorm caused the express storage point to be flooded, and the mobile phones sent by Zhao were damaged by water immersion. Due to unsuccessful negotiations on compensation, Zhao appealed to the court and asked the courier company to compensate for the loss of the mobile phone.

The courier company argued that the rainstorm caused the drainage system around the warehouse to be blocked, and the water was poured backwards. A large number of couriers were flooded, including the mobile phone mailed by Zhao. Therefore, Zhao’s loss was caused by an irresistible natural disaster. The company did not have any fault in the mail transportation process and should not be liable for compensation.

The court held through trial that the so-called force majeure refers to the unforeseeable, unavoidable and insurmountable objective situation. In this case, the courier company did not provide evidence to prove that the rain was an unexpected natural disaster such as rainstorm or flood, and the courier company could completely foresee and avoid the damage of the courier. Therefore, it claimed that the reason for the damage of Zhao’s mobile phone was force majeure and had no factual and legal basis. Accordingly, the court ruled that the courier company compensated Zhao for the loss of the mobile phone.

Article 832 of China’s Civil Code stipulates that the carrier shall be liable for the damage or loss of the goods during transportation. However, the carrier shall not be liable for compensation if it proves that the damage or loss of the goods is caused by force majeure, the natural nature or reasonable wear and tear of the goods themselves and the fault of the shipper or consignee.

In this case, before the rainstorm, the relevant government departments have issued an early warning to remind the public to take preventive measures. The rainstorm belongs to the weather conditions that the courier company can meet. For special weather, the courier company should prepare emergency equipment in advance to avoid the courier being soaked. Therefore, the courier company cannot claim exemption on the grounds of force majeure, and should be liable for Zhao’s losses.

How to protect the rights when the house furniture runs away?

In March 2017, Wang bought a set of commercial housing. After checking in, every time it rains or storms, Wang’s master bedroom balcony will run water. In July, 2022, after a night of heavy rain, the flood rushed directly into the master bedroom and living room, soaking the clavichord and cashmere carpet in the house. After this large-scale running water, the property company where the community is located began to thoroughly investigate the reasons for running water, and finally found that the rainwater drainage pipe built in the balcony was blocked, which led to running water. Since then, the property company has installed a drain on the balcony of the house. When it rains again, there is no water running. However, due to many previous runs, Wang has suffered property losses. The two sides failed to reach an agreement on compensation, so Wang sued the property company to the court.

The property company argued that the problem of poor balcony drainage pipes was a long-term accumulation, and Wang did not prove that the property company failed to fulfill its management responsibilities and caused water leakage. In addition, the property management company believes that the drainage pipeline here belongs to a common part. Although it is within its management scope, it has passed the inspection and acceptance, and after a large-scale water run, a drain has been installed on the balcony, so it has fulfilled its maintenance and management obligations and should not be held responsible.

As a service provider, the property management company should have the obligation to repair and maintain the public drainage pipeline belonging to the floor drain with water leakage and reflux in the community. After trial, the court held that the house where Wang lived had run water many times, and the property company should promptly investigate the reasons after the first discovery of water leakage to avoid similar situations. Adding a drain on the balcony of the house involved can solve the drainage problem in extreme weather, which can completely avoid the loss in this case. Therefore, the court ruled that the property company failed to fulfill its obligations and should compensate Wang for the loss.

Who is responsible for the bad car caused by flooding?

In August, 2020, a sudden rainstorm caused serious water accumulation on a certain road surface. Liu’s vehicle turned off during driving, and then he reported the case to the insurance company, and the vehicle was towed to the repair shop for damage assessment and maintenance. Since then, the insurance company refused to claim compensation on the grounds that "the engine damage of the insurance vehicle due to flooding or wading is an exemption clause", and Liu appealed to the court. The insurance company argued that the damage to the vehicle was not caused by heavy rain, but by the driver wading. According to the insurance clauses, the insurance company has the right to refuse to pay for the losses suffered by the insured vehicle due to flooding or wading.

According to Article 496 of China’s Civil Code, standard clauses are clauses drawn up by the parties in advance for repeated use, and they were not consulted with each other when concluding a contract. Where a contract is concluded by standard terms, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures to remind the other party of the terms that are of great interest to the other party, such as exempting or reducing its responsibilities, and explain the terms according to the other party’s requirements. If the party providing the standard terms fails to perform the obligation of prompting or explaining, so that the other party fails to pay attention to or understand the terms that have a significant interest in it, the other party may claim that the terms will not become the content of the contract.

The court held that although the notice column of the motor vehicle insurance policy was printed with "Please read the insurance clauses in detail, especially the exemption of liability and the obligations of the insured and the insured", the font, font size and color of the above-mentioned format clauses were not different from other clauses, and the insurance company failed to provide evidence to prove that it made a prompt on other insurance documents that was enough to attract the attention of the insured, so the exemption clauses involved in the case were not legally binding on Liu. During the insurance period, the insurance company shall be responsible for compensation for the loss of the insured vehicle caused by lightning, rainstorm, flood and other reasons during the use of the insured vehicle by the insured or its permitted legal driver.

"This heavy rainfall has caused many vehicles to be soaked or washed away. For car owners who are insured for car damage insurance, insurance claims can minimize losses." The judge suggested that when signing an insurance contract, we should pay attention to the relevant exemptions, especially the clauses that are unfavorable to ourselves. The majority of car owners should contact the insurance company to report the damage as soon as possible after the vehicle is soaked or washed away. (Liang Jianghuan)