Recently, Guangzhou Intellectual Property Court made a second-instance judgment on the case of Jin Yong v. Juvenile here, and found that the defendant constituted copyright infringement and unfair competition. This intellectual property case, which lasted for seven years, was amended in the second instance because it did not constitute infringement, which caused widespread concern and controversy in the academic and industrial circles about the creative boundary of the works of the same person.

　　The so-called fan works generally refer to new works created by using the same or similar characters in existing works. Teenagers here (hereinafter referred to as "Here") is an online literature created by dozens of people of the same name in Jin Yong’s works, such as Guo Jing, Huang Rong and Ling Huchong, and the plot is the story of youth on modern campus. When it was published in 2002, the book was promoted with the subtitle "The University Life of the Condor Heroes". In 2016, the Tianhe District Court of Guangzhou accepted Jin Yong’s lawsuit, which was considered as "the first case of a fan’s work".

　　The judgment of the second instance is the first in China to confirm that Jin Yong’s novel "Portrait of People" is protected by copyright, which breaks through many people’s understanding of the boundary of copyright protection. Some people even think that this may "subvert the whole fan culture industry".

　　Fan fiction’s Teenagers Here, 2002 edition.

　　Cold case of works twenty years ago: Jin Yong sued fan fiction for plagiarism.

　　Back in 2000, Richard, who graduated from Peking University, decided to create a novel featuring characters in many works, such as Legend of the Condor Heroes, Eight Dragons, the legendary swordsman and The Condor Heroes, when he was abroad. This novel, called Here, takes the virtual Bianjing University in the Jiayou period of the Song Dynasty as the time and space background, and tells the youth campus stories of Guo Jing, Ling Huchong, Qiao Feng, Yang Kang and Duan Yu. The characters in the book are similar to those in Jin Yong’s novels, with some similarities and some differences, and the story content is modern narrative. For example, Guo Jing, a freshman in chemistry department, ran into Huang Rong, a freshman in physics department, by bike, and then fetched water, cooked rice and took out the garbage for him every day, and finally got married. Duan Yu launched a series of pursuits for Wang Yuyan from a single-parent family without success.

　　Originally published on the Internet, "Here" won the favor of the publishing house, was first published in 2002, and was promoted with the subtitle "The College Life of the Condor Heroes". In 2009, under the guidance of the Chinese Writers Association, China Writers Publishing Group, Novel Selection Magazine and Chinese Online jointly held the "Ten Years Inventory of Network Literature", and Here won the top ten outstanding works. Yang Zhi, whose pen name is "Jiangnan", was famous all over the world for a time. By the time of prosecution, Here had been published in several editions and distributed in millions of copies.

　　In 2016, Jin Yong sued the Tianhe District Court in Guangzhou, claiming that the names of the characters described in Here are all derived from the above four works, and the relationship between the characters, their personality characteristics and story lines are substantially similar to those of his works, which is plagiarism, infringing on his rights of adaptation, authorship, protection of the integrity of works, commercialization of characters, etc., and based on the high popularity of his works, Richard’s misappropriation of the original elements of the above works has made great profits and hindered.

　　The case of Jin Yong (real name: Cha Liangyong) v. Jiangnan attracted attention in the intellectual property field in that year. Many scholars wrote articles to express their views on whether the elements in Jin Yong’s novels used in Here were copied from Jin Yong’s works.

　　The recognized formula for identifying infringing works is "contact+substantial similarity". As a fan of Jin Yong, there is no doubt that Richard came into contact with his works. Then, the identification of "substantial similarity" of works becomes the key.

　　As for what constitutes "substantial similarity", the courts of first and second instance all analyze the "overall character image composed of characters’ names, personality characteristics, relationships and other elements, and related storylines" prosecuted by Jin Yong.

　　First of all, in terms of the plot, the courts of first and second instance all think that Here does not constitute substantial similarity.

　　According to the court of second instance, plot is one of the three basic elements of a novel, which is usually composed of many elements, such as the setting of characters, the relationship between characters, scenes, clues to the development of stories and so on. The plot can be either a relatively abstract story summary or a more specific detail presentation. If the specific plot is original and fully described, it can become the object of copyright law protection. The abstract plot may be an unprotected "thought" or a protected "expression".

　　The court of second instance held that, compared with Cha Liangyong’s four works involved in the case, the plot of Here is different in time and space, and the clues and events that promote the development of the story, the design and arrangement of specific story scenes, the internal logic and causality of the story are all different, so the expression of the two does not constitute substantial similarity. Therefore, the copyright of the corresponding storylines in Cha Liangyong’s four works involved in the case was not infringed.

　　The differences in the first and second trials are as follows: Is the "overall character image composed of characters’ names, personality characteristics, relationships and other elements divorced from the story" an expression protected by copyright? That is, if the three are not protected, even if they are the same or similar in the works involved, will they constitute infringement?

　　A follow-up version of "The Boys Here"

　　First instance: abstract formal similarity will not lead readers to have similar appreciation experience.

　　According to the dichotomy of thought and expression, copyright law has a basic theory: "not protecting thought, only protecting original expression of thought". "That is to say, for the names, personality characteristics and relationships of characters in literary works, it is either thought or expression. If it is brought into the plot, it is part of expression. If it is not brought into the plot at all, it is thought." Wang Qian, a famous intellectual property scholar and professor of East China University of Political Science and Law, introduced.

　　In relevant judicial precedents, names and titles of works do not constitute original expressions, works and are not protected by copyright law. Wang Qian wrote in the Course of Intellectual Property Law that "the simple combination of words, words and vocabulary that exist alone should remain in the public domain and become the basic materials for creation". A typical case is that CCTV produced a documentary with the same name as the book China on the Tip of the Tongue and was sued for infringement. The court held that the title itself did not contain any ideological content, did not meet the requirements of the originality of the work, and was not a special expression of the author’s thoughts, so it was not protected by copyright law.

　　An industry consensus is that people’s names are not copyrightable. The same is true of the relationship between characters. In the previous case of "Zhuang Yu v. Jing M.Guo", the judgment held that "simple character characteristics, such as the appearance, personality and quality of the characters, or simple character relationships, such as the relationship between lovers and mother and daughter, all belong to the public domain, and do not belong to the object of copyright law protection."

　　The court of first instance of Here held that "in the field of literary creation, the articles and works take novels as an example, and their contents are mainly composed of three elements … … It is often difficult to form a specific expression without the simple elements of the name, relationship and personality characteristics of the specific story. "

　　The judgment of the first instance quoted Professor Wang Qian’s opinion in the article "A Preliminary Study on Copyright Infringement of Fan Works" (published in China Copyright, No.3, 2017). "Only using the role names, simple gender characteristics and simple relationships between roles extracted from specific plots is more to identify symbols, and it is difficult to form a substantive similarity with the original works."

　　In an interview with The Paper, Wang Qian further explained, "Just pick a passage from Here and rename it one by one. Huang Rong changed to Zhang San, Guo Jing changed to Li Si, Qiao Feng changed to Wang Wu, etc. After the role name was changed, I don’t believe that any reader will think of Jin Yong’s novels after reading it. This shows that the only connection between Here and Jin Yong’s works is the name of the characters, with some generalized characters and relationships, which should be regarded as unprotected thoughts. "

　　In order to explain the typical performance of copyright infringement, Wang Qian also cited the previous "Qiong Yao v. Zheng Zheng case" as an example. "Yu Zheng’s script uses a completely different character name from Qiong Yao’s novel, but the main plot is the same. Anyone who has seen Plum Blossom Branding and then goes to Palace Lock Together knows that this plot comes from Plum Blossom Branding. This situation is infringement. "Here" is just the opposite. As long as the name of the character is changed, all its connections with Jin Yong’s novels are completely cut off, so it does not constitute infringement. "

　　The court of first instance held that "Here" and Cha Liangyong’s works only have abstract formal similarities in the names, relationships, personality characteristics and story plots, which will not lead to the same or similar appreciation experience for readers, and they do not constitute substantial similarities.

　　This is in line with the views of many experts: the characters, personalities, relationships and other elements belong to the category of public materials and cannot be monopolized. Only when these elements are fully, clearly, concretely and uniquely described in a series of stories, can they be protected by copyright law.

　　The court of first instance, while finding that Here does not constitute copyright infringement, held that it violated the Anti-Unfair Competition Law, and sentenced Richard and the sued publishing house to pay Jin Yong 1.68 million yuan and 200,000 yuan in legal fees according to 30% of the publishing royalties of Here over the years.

　　Brief introduction of Taobao about the book.

　　Subversive judgment: the overall character image is recognized as a protected "expression"

　　After the judgment of the first instance, both Jin Yong and Yang Zhi refused to accept the appeal. During the second trial, on October 30, 2018, Mr. Jin Yong died in Hong Kong, and his heir Lin Leyi participated in the lawsuit. Five years later, on April 23, 2023, Guangzhou Intellectual Property Court ruled in the second instance that Here constituted copyright infringement and unfair competition, and maintained the total amount of compensation of 1.88 million yuan.

　　The court of second instance held that "in this case, most of the characters’ names in" Teenagers Here "came from Cha Liangyong’s four novels involved in the case, and there are many similarities in the characters, relationships and backgrounds of the main characters. Although it is difficult to say that a single character image has been fully and uniquely described, on the whole, the group image composed of more than 60 characters, such as Guo Jing, Huang Rong, Qiao Feng and Ling Huchong, reflects Cha Liangyong’s choice and arrangement in the name, personality characteristics, relationship and background of the characters, and can be considered as fully described and concrete enough to form a structure with strong logical connection among internal elements, which is protected by copyright law & Expression ’ 。” Furthermore, it is concluded that "Here" plagiarizes the names, personality characteristics and relationship of characters in Jin Yong’s four works, which is prohibited by copyright law.

　　In fact, after the first-instance non-infringement judgment was issued, there were different voices. For example, three lawyers of Beijing King & Wood Law Firm, Sun Mingfei, Gui Hongxia and Tao Tao, wrote in the media "Intellectual Property" that the characters in literary works are original expressions protected by copyright law. "As far as characters are concerned, a single character name or a character with simple personality and interpersonal relationship obviously cannot constitute the protection object of copyright law. However, when people mention a character’s name, what they really want to convey is the plump character … … Copyright law protects not monotonous characters’ names, but three-dimensional and plump characters. As mentioned above, these characters are an important part of the original expression of the plaintiff’s novels. The later citation, no matter whether the words used are Guo Jing, jing elder brother or Guo Daxia, as long as the details including the relationship between characters and the plot are enough to make the audience’s mind emerge with rich original expressions of specific characters in the original work, they will enter the prohibited scope of the copyright of the original work. "

　　However, in the opinion of some experts, copyright protection of "group portraits" and "character images" is a kind of "subversion" and "breakthrough".

　　Tao Gan, director of the Intellectual Property Innovation and Competition Research Center of China University of Political Science and Law, thought that if the roles in literary works were protected separately, it would violate the basic jurisprudence of the Copyright Law. Characters in literary works are different from cartoon characters and movie characters, and their shaping needs to be mapped in readers’ minds through the author’s literal description, which is difficult to separate from thoughts. Therefore, the role divorced from words, plots and scenes cannot exist independently of the work.

　　Zhang Hongbo, Director-General of the Literary and Art Association, believes that if the characters and relationships in the works of the same person are identified as the objects of separate protection by copyright law, many works of the same person and new works created by rational use of existing works will easily be accused of infringement, which will have a very terrible social effect.

　　"This is the first China court to recognize literary works ‘ Group portraits ’ In response to the judgment of the second instance, Jin Shui, an intellectual property legal worker, published an article in the Economic Observer, saying that the judgment of this case may subvert the entire cultural industry of the same people. "After the names of characters in literary works are protected by copyright law, how much space is left for the public to use freely?

　　In the above seminar, Zheng Xiqing, an assistant researcher at the Institute of Literature of China Academy of Social Sciences, said, "It is common in the history of world literature to use pre-existing characters and storylines like fan fiction and re-imagine stories on the basis of them. If fan writing is characterized as plagiarism, then the history of literature is full of plagiarism. "

　　Zheng Xiqing introduced that there are spontaneously established "re-creation organizations" abroad. They use the term "transformational writing" to refer to fan literature, emphasizing that fan’s re-creation of plots and characters in existing literary works belongs to adding new content or adaptation on the basis of the original work, rather than copying and repeating without innovation, that is, rational use, which does not belong to infringement of intellectual property rights.

　　He Hong, director of the Network Literature Center of the Chinese Writers Association, said that fan writing is an important phenomenon in the whole literary creation. Jin Ping Mei can be regarded as the fan fiction of Water Margin, and online works such as Tales of Charm, The Story of Wukong and The Diary of Friar Sand can all be classified into the category of fan writing. The interactive characteristics of online literature promote the development of fan writing. Even in an extreme sense, the future literature may no longer be a single text, but an infinitely extended text network.

　　Balance of interests: prosperity of cultural undertakings and "non-stop infringement"

　　It is worth mentioning that the controversial judgment of the second instance has also given full consideration to the development of fan literature industry.

　　While finding that Richard and others constituted copyright infringement and unfair competition, the court of second instance did not decide to stop the infringement and apologize in accordance with the statutory tort liability, nor did it decide to stop publishing Here and destroy the inventory as in the first instance. It also supported that Here could be reprinted by paying financial compensation to Jin Yong’s heirs. According to the proportion of the elements used in Here in Jin Yong’s complete works, the specific compensation standard is determined as 30% of the reprint royalty income as appropriate.

　　In this regard, the court of second instance explained that "protecting the interests of creators and disseminators of works is the direct purpose of copyright law, but promoting the development and prosperity of scientific and cultural undertakings is the ultimate purpose of copyright law. When the direct purpose conflicts with the ultimate goal, the emphasis on the direct purpose should give way to the realization of the ultimate goal. Knowledge has historical inheritance, and any knowledge is both the final product and the intermediate input. For literary creation, imitation and reference have always been common means, no matter ancient or modern, Chinese or foreign. Therefore, the way of civil liability for literary works cannot be generalized to stop infringement, and it is necessary to carefully consider the case and fully balance the interests of all parties. "

　　The Paper noted that in the appeal of the second instance, Jin Yong mentioned that Here violated his right to commercialize the characters in famous works. "Cha Liangyong created Guo Jing, Huang Rong and other classic characters with original character setting, story and language. With the wide spread of the works, these characters are deeply rooted in people’s hearts and have formed a solidified image in readers’ minds, which can exist to some extent without the specific story of the original. Because of this, they are reproducible and deductive, and also have high commercial use value. "Here" uses these famous characters for publishing without permission, which is a typical commercial use. " However, the court of first instance held that the copyright law does not have the protection of "the commercialization right of characters" and did not support this request.

　　The courts at both levels recognized that when The Here was first published in 2002, it was subtitled "The University Life of the Condor Heroes", and its own works were directed at Cha Liangyong’s works, with the obvious intention of attracting readers to gain benefits through the influence of Cha Liangyong’s works. Therefore, Richard’s behavior is unfair, which deviates from the business ethics recognized by the cultural industry and should be prohibited by the anti-unfair competition law.

　　Wang Qian still reserves his opinion on the judgment of the court of second instance that the infringement does not stop, which balances the interests of all parties.

　　"Here does make use of the popularity of the characters in Jin Yong’s novels, but using popularity and using works are two different things, not a concept. Due to the use of popularity ‘ Hitchhiking ’ The problem can be solved through the anti-unfair competition law, not the issue to be discussed in the copyright law. "

　　At the seminar of the China Literature and Art Association mentioned above, the Chairman of the Copyright Committee of the China Branch of the International Intellectual Property Protection Association (AIPPI) introduced that in the United States and Canada, the principle of judicial treatment of the role of a fan’s work in local laws and regulations is usually regarded as "Fair Use" or "Fair Dealing", that is, "fair use" or "fair use". However, there are corresponding restrictions under certain circumstances. For example, the name of a persona has been registered as a trademark, which can be protected by the Trademark Law, but it is still outside the scope of copyright regulation.

　　Li Yang, a professor at the School of Civil and Commercial Economics of China University of Political Science and Law, also believes that the really controversial issue in this case is — — If the content of Jin Yong’s lawsuit is not protected by the Copyright Law, can it be protected by the Anti-Unfair Competition Law as a commercialized right? In this regard, he advocated the "policy theory of intellectual property law" and advocated that many factors should be comprehensively considered, such as whether the plaintiff advocated the protection of commercialization elements, and whether it paid corresponding labor and investment; Whether allowing the defendant to "hitchhike" will seriously harm the interests of the plaintiff; Prohibiting the defendant’s "hitchhiking" behavior will seriously damage the defendant’s freedom of expression and economic activities. In short, "we should not oversimplify it, but take into account the relationship between monopoly and competition, and reasonably balance the interests of the obligee and the public." Li Yang said.

　　The Paper noted that the court of second instance also rejected the appellant’s request for apology. "There is no evidence that his behavior has had a bad influence on the reputation of the copyright owner of the above works. As far as unfair competition is concerned, Richard’s unfair competition will indeed lead to public confusion, but the infringement is not serious enough to make an apology, and publishing a statement is enough to eliminate the adverse effects. " The judgment is written.

　　　　Yu Na resembles Lang Ping when he was young?

　　　　Be meticulous in filming

　　　　Changjiang Daily News Many viewers in China still remember the Japanese TV series Volleyball Girl introduced by CCTV in 1983. Junko Little Deer, the "Volleyball Girl" who ran a horse race, deeply shocked the hearts of a generation. Today, more than 20 years later, at the moment when the "2008 Beijing Olympic Games" is about to be unveiled, the 20 episodes of the youth inspirational drama Volleyball Woman directed by the famous director Junkai Zhao are currently being shot in Wuhan. The Volleyball Woman is based on the ten-year story of China women’s volleyball team rising from the bottom in 1994 to 2004. In these ten years, the older generation women’s volleyball team has created a miracle of five consecutive championships. The female prototype No.1 played by supermodel Yu Na is Lang Ping.

　　　　The Volleyball Woman tells the story of Sheng Xiaomei who is forced by her family to practice volleyball by mistake. Sheng Xiaomei became a monk halfway, but her excellent physical condition laid the foundation for her to become the main attacker of the national team. In the city sports school, Sheng Xiaomei and her friend Li Xueli went through all kinds of hardships, changing from friends to competitors, and their careers have experienced ups and downs. In the end, Li Xue, who became the captain of the national women’s volleyball team, led all the players to win the Olympic tickets and win the Olympic gold medal that had been lost for 20 years.

　　　　According to director Junkai Zhao, The Volleyball Woman is based on the 10-year story of China women’s volleyball team’s rise from the trough from 1994 to 2004. In these 10 years, the spirit of women’s volleyball team’s rise from the trough is the most powerful, and the older generation of women’s volleyball team has created a miracle of five consecutive championships. Therefore, the China version of Volleyball Woman is a group portrait of the women’s volleyball team, which not only focuses on Sheng Xiaomei, but also shows the setters, coaches and women’s volleyball players who lost the national team. The whole drama shows the team spirit of the women’s volleyball team in China.

　　　　On the set, the reporter saw that each actor’s body was covered with bruises, but they couldn’t take care of them. They were divided into two groups and practiced smash and block on both sides of the volleyball court. In another corner, Yu Na was shooting a shot of being knocked down by volleyball, only to see the coach slamming the ball on Yu Na, and then Yu Na was knocked to the ground. The shooting angle can’t be in place at one time, so I have to do it again and again. After repeated times, I finally found the right angle. The ball flew on Yu Na again, and the director said, Yu Na was lying on the ground, too tired to get up for a long time.

　　　　After a short rest, we then filmed a scene in which the two sides fought each other, and Yu Na became the main attacker again. I saw that she jumped up and spiked, and each stroke was quite lethal. Yu Na said, this is a women’s volleyball play, of course, it is worthwhile to carry forward the spirit of women’s volleyball, and it is worthwhile to suffer a little. However, the feeling of spiking is really great.

　　　　Yuna: Play Lang Ping from scratch.

　　　　The audience who have seen the plot against me must be deeply impressed by the beautiful, hot and outspoken Tang Yina in the play. What will happen if Tang Yina becomes a volleyball woman? When I met Yu Na, the actor of "Tang Yina", she was filming "playing ball" by the volleyball net over and over again, only to see that she was knocked down by the volleyball flying out of the coach’s hand again and again, and the sweat soaked the floor of the venue. When the director saw that she was panting, he called to stop and let her have a rest. During this gap, the reporter chatted with Yu Na.

　　　　In many plays, such as Save You with What, My Love, One Meter of Sunshine, The Taste of Summer, and The Assassination, Yu Na’s appearance gives people a feeling of softness and weakness. At this time, she is dressed as a volleyball player, and she is naturally dashing. Yu Na said that in order to play the role of Sheng Xiaomei, she specially participated in a month of intensive training and practiced volleyball from scratch.

　　　　The reporter saw that Yu Na had bruises on his arms and legs. Yu Na said that they were all left by practicing the ball. At first, he felt pain, but later he became numb. However, compared with the return, the injury was worth it. Through training, she has mastered the basic essentials of movements, which is absolutely guaranteed technically. Every day, professional volleyball players from provincial sports teams teach her by hand, but when encountering difficult movements, professional players will do body double. Yu Na said: "I like Lang Ping since I was a child. I always watch Lang Ping play ball. I still remember her nickname’ Iron Hammer’. The prototype of the role of Sheng Xiaomei I played is Lang Ping."

　　　　Speaking of the gap and bitterness between actors and models, Yu Na said: "Models are only in contact with the fashion frontier, expressing the state, but acting is not. To create different roles, you need to have a life experience that conforms to the identity of this role, and you can appreciate different levels of life. Actors express their feelings. Being an actor is harder than being a model, but after the filming, I feel a sense of accomplishment, just like leaving a souvenir. Although you will find many regrets when watching your own drama, you can find your own shortcomings from these regrets. "

　　　　Regarding the outside world’s judgment on her acting skills, Yu Na said that her mood would not be affected by others’ criticism or praise, because she was transferred from one industry to another, and she was still a newcomer. Her initial performance was definitely more natural and immature, and the improvement of her acting skills required a process. At present, it is most important to take every step well and steadily.

Editor: Liu Li

　　On the 4th of this month, Ming Xinyue, a student of Nanzhou Primary School in Qijiang District, won two gold medals in the 100-meter butterfly and 50-meter freestyle in the 2016 National Children’s Swimming Division Competition (Guangdong Division) organized by the Swimming Management Center of the State Sports General Administration.

　　The 11-year-old Ming Xinyue only started to learn swimming a year ago. As the youngest athlete in the sports history of Qijiang District, she has now reached the national second-class athlete standard and is also the captain of the school’s Young Pioneers. How did she manage to balance study and physical education?

　　In Class 6, Grade 6, Nanzhou Primary School, Qijiang District, Ming Xinyue is sitting in the last row with a pair of 300-degree glasses. When the bell of Chinese class rang, flowers exploded in the classroom immediately, and the students jumped up and ran to the corridor to play.

　　Ming Xinyue took out the homework that the Chinese teacher had just assigned and did it. While doing this, she told the Chongqing Evening News reporter: "With 10 minutes and noon time after each class, all the homework today can be completed. When you go home at night, you can review your lessons and read other extracurricular books. "

　　"When I was a child, my parents often took me to play in the Weihe River. I always liked the feeling of being free in the water." Ming Xinyue said. Last July, her parents sent her to a sports school to learn swimming.

　　After going to the swimming team, Ming Xinyue discovered that it was very different from playing with water when he was a child. "At most, I swam more than 8,000 meters in a training session. According to Fu Yuanhui’s words, I have tried my best and I am so tired. I have thought about giving up several times, and I have thought about giving up when I can’t finish my homework. " Ming Xinyue adjusted her glasses: "I got used to it after a long time."

　　At 4: 20 pm, the bell rang, and Ming Xinyue trotted out of the school with her schoolbag on her back. At 4: 40, Ming Xinyue and his mother Qing Yang arrived at the gate of Qijiang District Youth Sports School. At 5 o’clock, 15 players arrived, and Ming Xinyue and other players got on the bus under the guidance of coach Zhou Long.

　　Zhou Long said: "With the improvement of children’s swimming intensity, after the National Day this year, the sports school chartered a car to Wansheng for training every day."

　　At 5: 56, the bus arrived at Wansheng Cultural and Sports Center. The water temperature in the swimming pool is 29℃ and the indoor temperature is 30℃, but Ming Xinyue is still rubbing his limbs with cold. At 6: 10, at the command of Zhou Long, Ming Xinyue first jumped into the deep water area.

　　"Hurry up, Ming Xinyue, your grades have been turned over. If you don’t work hard, there will be no breakthrough." Zhou Long shouted at Mingxinyue in the swimming pool.

　　"There is no rest at all. After swimming round and round, every time they come, they are fighting for time." The swimming pool manager told the Chongqing Evening News reporter.

　　At 7 o’clock in the evening, after training, Ming Xinyue and other children got on the bus with wet hair. This time, she and her companions fell asleep in the car.

　　Chongqing Evening News reporter Hao Yao chief reporter Ran Wen correspondent Wu Rongkai photo report

　　Two noes in parental education

　　In Ming Xinyue’s home, mother Qing Yang took out a bag of awards, "Long-distance running, dancing, singing … … . Too many. We never spoil our children. When she was young, we didn’t hug her. We encouraged her to stand up by herself. "

　　"We won’t ask too much of her, and we will discuss everything with her, as long as she can do her best." Qing Yang said.

　　Gold medal girls also have troubles.

　　"I will also participate in the national championship in February next year. The next goal I set for myself is to win the national first-class athletes before I graduate from primary school." Ming Xinyue said.

　　After winning the prize, Xiao Xinyue’s life at school still changed: "Some students asked me for an autograph, saying that I would become a sports star in the future. I feel uncomfortable when they say this. I don’t feel different from others. The coach and parents control the diet very strictly. I haven’t eaten cake and sweet bread for a long time. " (Hao Yao, Yan Wen)

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Recommended reading:

In April, 2024, all provinces registered for self-study exams in official website.

Summary of Registration Time and Entrance of Self-taught Exams in April 2024 by Provinces

　　Buying a house and renting a house, the intermediary helps. In recent years, with the second-hand housing market and housing rental market warming up, the real estate intermediary industry has also achieved rapid development, which has played a positive role in activating the market and promoting transactions. However, many problems such as publishing false houses, concealing real information, forcing agency fees, embezzling or misappropriating transaction funds, engaging in financial business in violation of regulations, fabricating and spreading price increase information are also constantly fermenting in the intermediary market.

　　In response to these problems, seven departments, including the Ministry of Housing and Urban-Rural Development, the National Development and Reform Commission, and the Ministry of Industry and Information Technology, recently jointly issued the Opinions on Strengthening the Management of Real Estate Intermediaries to Promote the Healthy Development of the Industry, and put forward 16 policy measures from three aspects: standardizing the intermediary service behavior, improving the industry management system, and strengthening the supervision of the intermediary market, so as to constantly standardize the order of the real estate intermediary market.

　　Ensure that the listing information is true and the fees will be more standardized and transparent.

　　At present, in order to attract customers, attract business and improve income, some intermediaries hide "tricky" in their operations: some publish false information about houses or houses that have been sold, some maliciously bid down prices, some conceal information about mortgages, and some have problems such as irregular and opaque fees.

　　In order to make the intermediary business behavior more standardized, the Opinions made the following provisions on the system design:

　　Implement the verification system of housing information. Before releasing the listing information, the intermediary should verify the listing information with the consent of the client to ensure that the published listing is real and can be traded.

　　Prepare a statement of housing conditions. Intermediary release of housing information to prepare a housing situation statement, indicating the verification of housing information, real estate intermediary service contract number, housing location, area, property rights, listing price, property service fees, housing pictures, and other important matters that should be explained.

　　Strengthen the release management of housing information. The same listing information released by the intermediary in different channels such as stores and websites shall be consistent, and the listing information without written authorization of the property owner shall not be released, and the information that affects the housing transaction such as mortgage shall not be concealed.

　　The information of traded houses should be removed in time. For houses that have been sold or rented, the intermediary agencies that facilitated the transaction should remove the listing information from the distribution channels such as stores and websites within two working days from the date of signing the house sale or lease contract; For the house that the client has cancelled the entrustment, the intermediary agency shall remove the housing information from various channels within two working days.

　　In order to regulate the fees charged by intermediaries, the Opinions put forward measures such as clearly marking the price, voluntary choice of agency services by the parties and strengthening supervision. Intermediaries should identify all service items, service contents, charging methods and charging standards in a prominent position in the business premises, and all services must be priced separately; To provide services such as property right transfer and loan on behalf of the client, the client shall choose voluntarily and stipulate in the real estate intermediary service contract; Give full play to the role of 12358 price supervision platform.

　　Ensure transaction security and standardize financial business cooperation and tax payment.

　　Buying and selling houses involves real money, and safe transactions are the most important. No one wants to encounter such bad worries as "one room and two sales" and "running away with money"

　　In order to ensure the safety of housing transactions and safeguard the legitimate rights and interests of the parties to the transaction, the Opinions put forward four measures: standardizing intermediary agencies to undertake business, and intermediaries may not provide intermediary services for affordable housing that does not meet the trading conditions and houses that are prohibited from trading; Standardize the signing of intermediary service contracts. When accepting business entrustment, intermediaries should sign written real estate intermediary service contracts with clients and file them for future reference; To implement the online signing system of transaction contracts, all localities should fully implement online signing of transaction contracts. If a house has completed online signing, it cannot be signed again; To implement the supervision system of transaction funds, all localities should establish and improve the supervision system of transaction funds of stock houses. Intermediaries and their employees shall not collect and pay transaction funds through accounts other than supervision accounts, and shall not occupy or misappropriate transaction funds.

　　In recent years, in order to meet people’s demand for housing loans, many intermediaries have established business cooperation with financial institutions. However, in practice, there have also been problems such as intermediary designating financial institutions, bundling services, illegal provision or cooperation with other institutions to provide down payment loans.

　　In this regard, the "Opinions" stipulate that if an intermediary agency provides housing loan agency services, the client shall choose the financial institution independently and shall not bundle financial services with other services; Intermediaries shall not provide or cooperate with other institutions to provide illegal financial products and services such as down payment loans, and shall not charge financial institutions or charge fees such as rebates in disguise; Financial institutions may not cooperate with intermediaries that have not been filed with the real estate authorities to provide financial services.

　　In addition, in order to standardize the tax payment behavior of intermediaries to assist the parties and avoid problems such as concealing the real transaction price and evading taxes and fees, the Opinions require intermediaries and employees to truthfully inform the parties about tax regulations and preferential policies and assist them to pay taxes in good faith according to law; It is not allowed to induce, instigate or assist the parties to a transaction to sign a contract with different transaction prices for the same house, that is, the so-called "yin-yang contract", and quote a lower transaction price; Shall not help or instigate the parties to the transaction to forge false certificates to defraud tax incentives; Do not resell the tax reservation number.

　　Intermediary institutions to implement filing and list publicity, intermediaries must be real names.

　　For a long time, the threshold of intermediary institutions is low, and the fish and dragons are mixed. Some engage in intermediary business without filing, and are outside the supervision; Intermediary practitioners also have the characteristics of high mobility and low overall quality.

　　The "Opinions" clarify that the filing system and the list publicity system should be implemented for intermediaries: First, the filing system should be strictly implemented, and intermediaries and their branches should be filed with the real estate authorities in accordance with regulations. Institutions that provide services through the Internet should not only go to the provincial communications authorities where the institutions are located, but also go to the real estate authorities in cities and counties where the services are covered. The second is to implement the publicity system for the list of intermediaries. Local real estate, communications, and industrial and commercial administrative departments establish a linkage mechanism to exchange information regularly, and publicize the list of intermediaries that have been filed and not filed through government websites and other channels to remind the masses to carefully choose intermediaries.

　　In order to strengthen the management of intermediary employees, the Opinions also clarify the following points: if intermediary employees publish housing information on websites and other channels, they should publish it with their real names, and they should wear work cards indicating their names, organization names, national professional qualifications and other information when serving; City and county real estate departments should register the real names of intermediaries; Implement the professional qualification system for real estate brokers.

　　Those who keep their promises will be smooth all the way, and those who break their promises will be unable to move.

　　Effective supervision depends on institutional innovation. In the future, we will strengthen the construction of industry credit system and build a new supervision system with credit as the core.

　　According to the Opinions, the relevant departments of cities and counties should speed up the construction of a credit management platform for the real estate intermediary industry, record the basic information, good behaviors and bad behaviors of intermediaries and employees in the credit management platform in a timely manner, and publicize them to the public. The national credit management platform will also be gradually established and incorporated into the national social credit system.

　　In the future, honest and trustworthy intermediaries and employees will enjoy convenient and fast services when handling housing verification, contract online signing, loan agency and tax-related business; Relevant departments will optimize the inspection frequency in daily inspection and special inspection; When choosing an intermediary to operate and manage public rental housing invested by the government, all localities will give priority to honest intermediaries.

　　For intermediaries and employees who violate laws and regulations, the relevant departments will take joint disciplinary measures against serious dishonesty through information sharing, and list the subject of serious dishonesty as the key supervision object, restricting them from engaging in various real estate intermediary services; The illegal decisions and "blacklists" made by intermediaries will be publicized according to law through the enterprise credit information publicity system; For serious untrustworthy intermediaries, their legal representatives, principal responsible persons and employees who are directly responsible for untrustworthy behavior, market and industry ban measures will be jointly implemented.

　　The National Conference on Housing and Urban-Rural Construction held at the end of last year pointed out that in 2024, we should adhere to the position that houses are used for living, not for speculation, adapt to the new situation of major changes in the relationship between supply and demand in the real estate market, stabilize the market, prevent risks, promote transformation, build a new model of real estate development, achieve a new balance between supply and demand, and promote the high-quality development of real estate. In this regard, the meeting put forward nine specific measures from two aspects: stabilizing the real estate market and building a new model of real estate development, so as to convey confidence in the real estate market in 2024. As these policies and measures are implemented, it is expected that the real estate market will stabilize and improve next year.

　　In 2023, the Ministry of Housing and Urban-Rural Development actively took measures to stabilize the real estate market, and adhered to the policy of "one city, one policy, and precise policy" to meet the demand for rigid and improved housing, achieve a new balance between supply and demand, and promote the stable and healthy development of the real estate market. At the end of August, many ministries and commissions issued a number of real estate optimization policies, including the implementation of "recognizing the house without recognizing the loan" for the first set of housing, reducing the down payment ratio and interest rate, implementing the personal income tax policy to support residents to buy houses, reducing the intermediary fee for the sale of second-hand houses and other policy tools. Local governments have stabilized the market by implementing policies based on the city, one city, one policy and precise policies. Solidly promote the work of guaranteeing the delivery of buildings and safeguard the legitimate interests of buyers. From January to November, the total transaction volume of first-hand houses and second-hand houses nationwide achieved positive growth year-on-year. The optimization of policies has created a favorable policy environment for the release of housing consumption and has a positive effect on improving the activity of the real estate market. In November, the main responsible comrades of the Ministry of Housing and Urban-Rural Development said in an interview with the central media that building a new real estate development model is the fundamental solution to solve the real estate development problems and promote the stable and healthy development of the real estate market. We should always adhere to the position that "houses are for living, not for speculation", focus on meeting the demand for rigid and improved housing, and strive to make people live in good houses, which further expounds the ideas and tasks of building a new model of real estate development.

　　In 2024, we will accelerate the construction of a new model of real estate development, promote the structural reform of the supply side in the housing sector, improve the "guarantee+market" housing supply system, lead development and meet demand with high quality, new technology and good service, and strive to make "everyone have a house to live in and everyone live in a good house".

　　The first is to establish a new mechanism for the linkage of "people, housing, land and money". At the moment when the relationship between supply and demand has undergone major changes, the development of real estate needs to start with the scientific allocation of factor resources, with people setting houses, land setting houses and money setting houses, really starting from the actual housing needs of residents, matching the scale of housing supply and product types based on the characteristics of people’s flow and demand, and at the same time matching the corresponding land supply and financial support to better match supply and demand.

　　The second is to improve the basic system of the whole life cycle of houses from development and construction to maintenance and use. The management mechanism that runs through the whole life cycle is also an important measure to adapt to the new situation of real estate supply and demand. With the continuous expansion of China’s housing stock and the decline of the incremental market, the methods of development, financing and sales need to be improved and adjusted according to the new market situation. In terms of stock, it is also necessary to strengthen the system construction of housing physical examination, pension and insurance to ensure that residents can live in good houses, good communities and good communities for a long time.

　　The third is to implement the "three major projects" and speed up the solution to the housing problems of new citizens, young people and migrant workers. Since 2023, the central government has repeatedly emphasized the active promotion of the "three major projects" in important meetings, and the the State Council executive meeting has successively deliberated and adopted relevant guiding opinions. The "three major projects" can actively play the role of stabilizing investment and consumption. Among them, the detailed rules for the implementation of the transformation of villages in cities are expected to be introduced one after another in various places, and a number of projects entering the implementation stage will support the stabilization of the real estate market at both ends of supply and demand; The implementation strategy of affordable housing construction has gradually become clear, and the placement-type affordable housing has been explored and implemented in some cities.

　　The fourth is to build a good house and create a new track in the housing field. China’s housing development is moving from "with or without" to "with or without", and the demand for improved housing also puts forward higher requirements for housing quality. A good house is rich in connotation. From the aspect of standard construction, this meeting proposed to "improve the engineering construction standards, focus on building a good house, issue specifications for residential projects, and start from the aspects of building height, elevator, sound insulation, green, intelligence and accessibility" and "strengthen the drive of science and technology, and study the future-oriented construction technology of a good house".

　　Generally speaking, building a new model of real estate development is an important way to promote high-quality development and stability of the market. It is necessary to build a housing supply system that is government-oriented, provides basic guarantees and market-oriented to meet multi-level needs, to meet the rigid housing needs of wage earners and to meet the diversified and improved housing needs of urban and rural residents. It is necessary to improve the basic system, improve the pre-sale system of commercial housing and optimize the supervision of pre-sale funds. It is necessary to speed up the implementation of the "three major projects" and solve the housing problems of new citizens, young people and migrant workers. With the establishment of a new model of real estate development, the real estate market is expected to further improve, and there is still room for the release of rigid and improved housing demand. It is expected that the sales of new houses will remain at around 10 trillion yuan in the next few years. After more than two years of deep market adjustment, the "favorable factors" in the real estate industry are increasing. With the concerted efforts of policies at both ends of supply and demand, the market is expected to gradually stabilize at the bottom, and the high-quality development of real estate will achieve new results.