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.

　　Cctv news On October 7, Guo Ningning, Vice Governor of Fujian Province, and his party went deep into Fuzhou Rural Commercial Bank to investigate and affirm the achievements made by the bank in helping rural revitalization. Previously, at the launching ceremony of Fujian Fucha Net, she awarded the plaque of "Supporting Fucha Net to Build Advanced Units" to Fujian Rural Credit Cooperatives Union, and also encouraged the bank to increase its efforts to support agriculture and benefit farmers and empower Fujian tea industry.

Guo Ningning, Vice Governor of Fujian Province, and his party went deep into Fuzhou Rural Commercial Bank for investigation.

　　With "Fucha. com" as a platform, financial services have been introduced to rural revitalization. Since the beginning of this year, Fujian banks have taken the initiative to support the tea industry in Fujian Province to improve quality and efficiency and increase production and income of tea farmers.

　　Industrial Bank: "Fucha Net-Tea Farmers Loan" Injects "Financial Living Water" into Tea Industry.

　　Some time ago, Mr. Shi from Xiangyang Township, Nan ‘an City, Fujian Province was still worried at home — — Family farms run by themselves need to expand the tea planting area, but the funds for purchasing raw materials such as seeds have not yet been settled.

　　The staff of Quanzhou Branch of Industrial Bank learned about Mr. Shi’s difficulties and recommended the "Fucha Area" on the platform of "Jinfuyun".

　　The corresponding "Fucha Zone" opened on the "Jinfuyun" platform has realized the interconnection with "Fucha.com". After the launch of the special zone, Quanzhou Branch of Industrial Bank specially customized and created "Quancha Loan" products for the enterprises where Fucha.com settled. On this basis, the head office of Industrial Bank launched "Fucha Net-Tea Farmers Loan" in combination with the development of Fujian tea industry, which accurately meets the service needs of Quanzhou tea farmers and injects a "financial living water" into rural revitalization.

　　"My tea products meet the requirements of ‘ Fucha. com-Tea Farmers Loan ’ The application conditions. " Mr. Shi was overjoyed to see the handling conditions of "Fucha Net-Tea Farmer Loan". According to the guidance of the bank staff, he released the online financing demand in the Fucha area of the "Jinfuyun" platform, and Industrial Bank opened a green channel for rural revitalization loans. "Less than 2 hours after submitting the materials, Industrial Bank approved and issued me 300,000 yuan ‘ Fucha. com-Tea Farmers Loan ’ " .

　　Anxi County, Fujian Province, the hometown of Tieguanyin, is famous for its pillar industry, tea industry. However, affected by the local epidemic in Fujian, three tea enterprises located in Longjuan Township, Anxi County have encountered difficulties in their operation.

　　After learning the situation, Anxi Sub-branch of Industrial Bank introduced the characteristic product of Fucha. com "Quancha Loan" created by the bank for tea enterprises according to the capital demand of enterprises. By publishing the financing needs of tea enterprises on "Jinfuyun", Industrial Bank opened a green channel and successfully issued loans totaling 13 million yuan to three enterprises within five working days, thus solving the urgent needs of tea enterprises.

　　Fujian Rural Credit Cooperatives: Broaden the Financing Channels of Tea Industry through "Fucha.com"

　　In order to make good use of the "Fucha. com" platform, under the guidance and support of Fujian Rural Credit Cooperative, Fuzhou Rural Commercial Bank, relying on the platform, actively docked and served first, through communication and cooperation with provincial supply and marketing cooperatives and municipal supply and marketing cooperatives.

　　At the launching ceremony of Fucha.com platform, Fujian Rural Credit Cooperatives Union (referred to as "Fujian Rural Credit Cooperatives") demonstrated the online credit application process of Fucha Loan, and Fuzhou Rural Commercial Bank granted a credit of 2 million yuan to Changle Huangshi Jasmine Professional Cooperative to support the cultivation, production, processing and sales of jasmine tea.

　　"Platform link development, channel empowerment industry". The person in charge of Fuzhou Rural Commercial Bank said that they will follow closely the agricultural industry orientation, continue to implement the digital empowerment tea industry development model of the Provincial Rural Credit Cooperatives, further connect with the "Fucha. com" platform, broaden the financing channels of the tea industry in Fuzhou, empower the innovation of the traditional tea industry, practice inclusive finance and help rural revitalization.

Villagers in Nanyuanling Village, xingtian town, Wuyishan City entertain tourists in their own homestays. (Photo by Liu Lianfen)

　　Fujian Agricultural Bank: Credit more than 1.7 billion to support Ningde to strengthen the tea industry.

　　In July this year, the Department of Agriculture and Rural Affairs of Fujian Province and Fujian Branch of Agricultural Bank of China jointly held a field promotion meeting on "Deepening inclusive finance’s service to help the overall rural revitalization" in Ningde City. At the meeting, Guo Ningning, vice governor of Fujian Province, affirmed the achievements made by inclusive finance in serving rural revitalization and supporting agriculture and supporting small families.

　　She stressed that it is necessary to strengthen the coordination and linkage implementation of policies such as agriculture, finance and finance, build, use and connect platforms such as "Jinfuyun" and "Fucha Net", establish a normalized and long-term docking mechanism between government, banks and enterprises, continuously improve the rural credit system, and embark on a road of financial support for rural revitalization with Fujian characteristics.

　　Agricultural Bank of China Fujian Branch launched the product "Xing Tea Loan" tailored for tea enterprises, tea merchants and tea farmers in the upstream and downstream of Fucha. com’s tea industry chain in the supply chain financial service ecosystem area of Fucha. com platform. Its product interest rate is low, the quota is high and the approval is fast.

　　Based on serving the pillar industry of tea, Fujian Ningde Branch of Agricultural Bank of China innovatively launched the product of "Promoting Tea Loan", deepened the financial service of tea industry, and effectively solved the problem of "expensive financing and difficult guarantee" in the development of local tea industry. At present, the bank supports 17,100 customers in the tea industry with a credit of 1.746 billion yuan and 14,800 customers with a credit of 1.44 billion yuan. (Wei Ju)

Xinhua News Agency, Beijing, December 15th, The Economic Information Daily published an article on December 15th entitled "Domestic tourism revenue in the first three quarters was 3.7 trillion yuan". According to the article, on December 14th, the reporter learned from the series of thematic press conferences on "Opening by Authoritative Authorities" held by the State Council Office that in the first three quarters of this year, domestic tourism reached 3.67 billion person-times, and tourism revenue reached 3.7 trillion yuan, up by 75% and 114% respectively. Residents’ tourism demand has been released in a centralized way, and residents’ travel has increased substantially.

Du Jiang, Vice Minister of Culture and Tourism, said that this year’s tourism market can be described as booming, which not only promoted the expansion of related consumption, but also promoted economic recovery. "Since the beginning of this year, the Ministry of Culture and Tourism has continuously improved the quality of tourism products and innovated the supply of tourism products. We have actively developed new products and formats such as camping tourism, ice and snow tourism, sports tourism, marine tourism, and tourism performing arts, and launched 7 national ski resorts, 22 camps of the third batch of national self-driving caravans 5C and 4C, 13 national sports tourism demonstration bases, the first batch of 24 smart tourism immersive experience new space cultivation pilots, and 40 tourism performing arts boutique projects. "

In addition, the reporter learned that in order to further release the potential of tourism consumption and promote the high-quality development of tourism, the Ministry of Culture and Tourism said that the next step will be to promote cultural and tourism consumption, improve the quality of life of the people and better meet the needs of the people.

"The Ministry of Culture and Tourism promotes the implementation of the’ Domestic Tourism Promotion Plan’, enriches the supply of high-quality tourism products, improves tourism services, regulates the order of the tourism market and creates a tourist destination with quality and temperature. At the same time, we will further promote the in-depth integration of cultural tourism, foster new consumption formats and new modes, promote the construction of a’ small but beautiful’ performing arts space, and innovate and upgrade music festivals, concerts and other products. Promote the healthy development of new formats such as script entertainment and tourism performing arts, and promote the integration of food, performance, sports, health care, Chinese medicine and other fields with tourism. We will also promote a new batch of national cultural and tourism consumption demonstration cities, national tourist resorts, 5A-level scenic spots, national night cultural and tourism consumption gathering areas and a series of brand building. Guide local innovative consumption scenarios, cultivate new formats and consumption patterns, enrich measures to benefit the people, and implement the’ 100 Cities and 100 Districts’ financial support culture and tourism consumption action plan. " Du Jiang said.

It is noteworthy that in terms of optimizing the business environment and maintaining market order, Du Jiang mentioned that the Ministry of Culture and Tourism has continuously relaxed market access, actively innovated supervision methods, created a market-oriented, rule-of-law and international business environment, stimulated the vitality of the cultural and tourism markets, and helped the high-quality development of the industry.

Du Jiang said, on the one hand, the Ministry of Culture and Tourism has relaxed the market access threshold and continuously released policy dividends. The negative list system of market access and the review system of fair competition were fully implemented, a number of administrative examination and approval items were decentralized, and the time limit for examination and approval was reasonably reduced. "In addition, for the new formats of culture and tourism, we adhere to the concept of problem-oriented and inclusive prudence, and introduce inclusive prudential supervision policies for new formats such as script entertainment and e-sports hotels, formulate supervision methods suitable for industry characteristics, set policy transition periods, and create an inclusive, stable and predictable policy environment, leaving enough room for development for new formats."

"Regarding the market order, in the first 11 months of this year, the comprehensive law enforcement agencies of the national cultural market dispatched 9.988 million law enforcement personnel, inspected 3.348 million times and handled 41,000 cases, effectively maintaining the order of the cultural and tourism markets. In the next step, the Ministry of Culture and Tourism will continue to strengthen the comprehensive law enforcement supervision of the cultural and tourism markets, solidly promote a series of law enforcement actions, severely investigate and deal with violations of laws and regulations, and further safeguard the order of the cultural and tourism markets. " Du Jiang said. (Reporter Yuan Xiaokang)

Shen Xingxin signed up for a one-year solar system tour in "Space Travel Agency". During this one-year solar system tour, Shen Xingxin traveled all over the major planets in the solar system except the sun. exceptOutside the eight planets of the solar system,linkeight planetsSome large satellites, such as Titan to Titan, have been there.

After returning to the earth, Shen Xingxin can go home after a week of restorative training and systemic sterilization and disinfection according to regulations.

He went out of the space travel agency to take a flying taxi home. As a result, the "body phone" (the future "body phone" is a much more advanced communication device than a mobile phone, which is installed on the human body and relies on human body temperature for energy) called for a long time without response. He was very surprised, and called for a "taxi" on the ground, but no one responded. He suddenly became angry. What does this taxi company want to do? (In the future, flying taxis and local taxis will be unmanned and self-driving) Why can’t I get a taxi?

Shen Xingxin suddenly became angry and asked the "body machine" that had been connected to the network: What is going on on earth? Why is the service quality of taxi companies so poor now?

"Body Machine" replied: Compared with a year ago, there are many new fashions. You must follow the modern fashion, or you won’t get a taxi.

Shen Xingxin: How can there be so many rules? What should I do? Can I get a taxi?

The "body machine" replied: You have to call! Dear robot driver, I want to go back to "Zan Phosphorus Community". Because now unmanned taxis should also respect the "human rights of machines", these robots cannot be regarded as steel products that are not respected.

ShenXingXin listened to, a frown, but still can only do so. Sure enough, in a short time, one flew soon. But the plane arrived, but the door didn’t open. Shenxing is questioning. At this time, the "body machine" reminds: It is popular to make faces now. Only when you make a face, the door will open to let people in.

ShenHang new some anger, but still can only make a face, the door to answer and open. I didn’t expect that there are these broken rules on the earth now.

The angry Shen Xingxin sat on the flying chair, and the "body machine" reminded him: Master, you have to take off your shoes and bite your feet when you are halfway, otherwise the flying will put you down halfway, and then all the "taxis" will be notified to refuse to take you.

Shen Xingxin said angrily, Are you mistaken? How can there be such a shocking rule? I don’t believe it, okay? As a result, it didn’t take long for the "flying" robot driver to remind him: Please take off your shoes and bite your feet according to the current rules, otherwise I can only put you down. If you sabotage the plan, all the taxis will refuse to take you.

Shen xingxin suddenly flew into a rage: this rule is illegal.

The robot driver laughed and said, You are so ignorant. This is a popular rule now, and you don’t even understand it.

The angry Shen Xingxin couldn’t help kicking the robot driver with his feet, but he didn’t get out of the car and grabbed what he could catch and smashed it. It’s the right way to apply for the new project, because robots can’t do harm to human beings.

However, the application of flesh and blood has limited damage to the robot driver who has been connected with the flying steel structure, so he is tired enough, but the robot driver is not damaged.

At this time, the flight stopped, and the robot driver reported: the destination has arrived, and the fee has been deducted. Please get off.

When Shen Xingxin saw it, he did arrive at home, so he went to open the door manually, but he didn’t budge. He said angrily, Open the door quickly.

Robot driver: You haven’t taken off your shoes yet, so I can’t let you go.

Shen Xingxin: Go to hell, you stupid iron block. Fuck your fashion. I’m going out.

With this, Shen Xing’s new command "body machine" said: Call the home robot for me and rescue me. Then Shen Xingxin smashed the flying glass and kicked the flying door. Unfortunately, this "flying" is too strong and has no damage. But after a while, reinforcements arrived, and a life-size family robot quickly ran out and caught the "flying" who wanted to escape, and the "flying" suddenly could not move.

Robot driver: In view of the customer’s serious fashion resistance, we can’t care about it. Now we specially pardon his request.

Then the "flying" door opened, and Shen Xing, who left the "flying", was so angry that he kicked the "flying" hard that he let the home robot go.

After the home robot finished its task, it went back.

Shen Xingxin decided to eat in a nearby restaurant before going back, because the nearby "Taste of the Universe" restaurant has all kinds of dishes cultivated in the universe, which tastes very strange and he loves them very much.

In the future, roads will be mobile, as smooth and fast as elevators, so the "Taste of the Universe" restaurant will arrive soon. He walked into the restaurant as he did a year ago and said, as usual, give me a moon set meal.

Who knows that before his voice fell, a big bucket of ice water poured down from his head, making him wet all over, and then his whole body suddenly burst into fire. Because the fire was so fierce, he fainted without reacting.

When he woke up, he found himself lying in a hospital bed, sprayed with a lot of drugs, and there was a moon meal beside the hospital bed. I saw the waiter of "Taste of the Universe" shouting: Welcome to enjoy the moon set meal, and then left.

What’s going on here? ShenHang new ask "machine" way:

Because of this kind of thing, he can only ask about the "body machine" that is connected to the internet at any time and knows everything now.

"Body Machine" replied: It’s popular to go to restaurants on earth now, and you can still accept it, because it is now stipulated that if the dishes on the table are not finished, the waiter will catch them and wipe his face with all the dishes.

Hearing this, Shen Xingxin was angry again, and then sighed, because he lamented what happened to these people. Why are these broken rules popular? Are these people’s brains burnt out? Will accept such ridiculous regulations, but at present, Shen Xingxin can only swallow the moon package.

Fortunately, Shenxingxin has always been frugal and ordered what he could eat, so he ate it all.

As for the injury, it will be cured soon because of the development of science and technology in the future. I didn’t expect to risk my life for a meal. I can still eat it in my own home in the future. Anyway, there are plenty of fast-growing vegetables, compressed food, bio-artificial meat, and home robots with superb cooking skills. Really can’t! Those at home can also take a nutritious pill that can fill a day.

Shen Xingxin went home full, but this time his heart was clouded. It is estimated that he will not go to the restaurant for a long time.

On the way home, Shen Hangxin, who was full of anger, just wanted to go home and have a good rest. I saw a group of young people on the road wearing strange clothes made of wire, and there were spoons, spoons, chopsticks and the like hanging on the wire clothes. These people laughed at Shen Xingxin: Look at this ignorant man, wearing such old-fashioned clothes. It’s really funny.

In the past, Shen Xingxin would have been angry. But because he is used to it, he didn’t get angry this time, so he just sighed.

He finally came home and lay on the sofa, closed his eyes and prepared to have a rest. As a result, someone called, and he connected the phone, only to see a virtual person appear in front of him (this virtual person is the virtual image of the person who called himself). He introduced: My name is Zhenhesheng, and I am the agent of the most fashionable painter Bu Zhengyi in the world. Now I would like to introduce you to the latest paintings of Bu Zhengyi. With that, Zhenhesheng showed a so-called painting by the painter Bu Zhengyi, but Shen Xingxin almost didn’t laugh when he saw this so-called fashion painting, because it was the level of a few years old children. So he hung up the phone at once, because he didn’t want to waste time on it.

He lay on the sofa, closed his eyes again and prepared to have a rest. As a result, the doorbell rang and a friend came to visit.

The home robot opened the door, only to see his friends also wearing strange clothes. Shen Xingxin was about to say why they are so confused with fashion. As a result, they exclaimed first: Xing Xin, why don’t you have a painting at home? Why does alien travel make brain travel stupid for a year? This will be looked down upon by people and become a terrapin with no taste.

Shen xingxin said angrily, don’t mention any fashion in my house, I don’t need it.

These people discussed with each other and said: no need and need, this is popular now. But let’s do the fashionable thing of being a guest first, and we can’t lose our manners.

ShenXingXin listened to their words, puzzling. I don’t know what fashion etiquette is popular now. But soon he knew. Because these people took out black paint and sprayed it on themselves, they were covered with sticky black paint without waiting for Shenxing’s new reaction.

That’s not all. I saw myself arrested by several people and thrown out from upstairs, scaring the daylights out of Shenxingxin. Is it necessary to risk your life by receiving visitors at home?

Fortunately, the family robot reacted very quickly and flew out to receive itself before it almost landed.

Once back, these friends are praising the quick response of home robots, which is really exciting. Shen Xingxin roared angrily to these friends: You fashionable pigs, get out of here and never come to my house again.

After driving these people out, Shen Xingxin quickly sold all the property on the earth, and he signed up again to go to the outer space planet.

This time he is going to emigrate to another planet and never return to earth.

He hopes that people living in other planets will not have these stupid fashions, because blindly following the fashion is terrible.

Less than two years after becoming the darling of capital, the beauty collection store seems to have ushered in a collective retreat. Recently, it is reported that the beauty collection store brands THE COLORIST Colorist, WOW COLOR and Black Hole have all closed their stores to varying degrees in the near future, and some brands even reported that the proportion of closed stores was as high as one third. Although none of the above three brands have any formal response to this, the reporter from Nanduwan Finance Society learned from the insiders that since the beginning of this year, the three major beauty collection stores have indeed been related to store actions, but some of them were temporarily closed due to the epidemic, and some were permanently closed. At the moment when the epidemic situation is repeated, the beauty collection store is no longer considering scale expansion, but stopping losses in time and optimizing costs.

In addition, many beauty collection stores began to increase the proportion of skin care products, in order to counter the situation that the overall sales of cosmetics have slowed down since the epidemic. The beauty collection store, once thought to be a business model that can break the ceiling of a single-brand beauty store, seems to have reached a somewhat embarrassing situation in less than two years. After the industry "tide" fades, does the collective store model really work?

The early mode was too "heavy", and the store was closed in time to reduce the burden.

Compared with the blitzkrieg when the store opened in the second half of 2020, the closing behavior of beauty collection stores is more like a "quiet" protracted war. At the beginning of July, many consumers suddenly found that THE COLORIST had closed most of the stores in Beijing, and the only one left was in a state of suspension. In fact, in the past year or so, WOW COLOUR and Black Hole, two major collective store brands, have also closed a number of stores and withdrawn from some cities.

The reporter from Nandu Bay Finance Society learned from various brand owners and industry investors that the overall proportion of colorists who were told to close stores in a large area was around 10% ~ 15%. Affected by the epidemic prevention and control policy, Beijing is indeed a city with more closed stores, while others are closed to a small extent. On the whole, some closed stores were completely withdrawn due to the influence of the passenger flow in their shopping malls, but some closed stores were reopened after the local epidemic situation improved and the passenger flow resumed, and some closed stores were adjusted and upgraded.

In addition, according to franchisees, WOW COLOUR has actually been adjusting its store opening strategy since 2021. At present, dozens of stores have been closed, and there are still more than 100 stores that are still open. "It is mainly to close the shops that have problems in the return on investment due to the unsatisfactory site selection in the early stage. Some of them are closed by several shops that a franchisee is responsible for, and they will be closed together." The franchisee said that WOW COLOUR has now reduced the area of the main store to about 150-200 square meters, and is no longer blindly "seeking the big and the perfect" as before.

Black hole, which has a small shop base and focuses on "one city, one store", issued a notice to temporarily close five stores in early April this year, including Harbin, Chengdu, Hangzhou and Shanghai, and Chengdu Chunxi Road Store resumed business. Nanduwan Caishe reporter learned that some of the five closed stores were business adjustments, while others were permanently closed.

But at the same time, the black hole has recently landed new stores in Xi ‘an and Guangzhou. On the whole, the number of black hole stores maintains a relative dynamic balance. At present, there are 11 stores in official website, including 9 cities including Chengdu, Guangzhou, Harbin, Hohhot and Nanjing.

Some investors told Nanduwan Caishe reporter that since the beginning of this year, similar new consumer brands have closed their stores to a certain extent, in order to reduce costs and increase efficiency to the greatest extent, and stop the unprofitable stores in time, thus improving the overall resilience and risk resistance of the business. "Especially this kind of offline beauty collection store, in the early days, in order to pursue high face value, the decoration cost was very high, and it also pursued a large area, which became a common problem in the industry. Now it seems that it is not necessarily the right path."

BA return, the service is to increase the repurchase rate first.

As early as 2020, when the beauty collection store model was the hottest, almost all brands were overweight the layout of offline stores. At that time, the colorist set a goal of opening 500 new stores throughout the year, and WOW COLOUR set a goal of opening 600 stores throughout the year and breaking a thousand in the next year. Many brands are "enclosure" in the core business district of the core city regardless of cost. However, at present, most beauty collection stores have not achieved the original goal of opening stores.

Some investors said that the influencing factor that can’t be ignored at present is that the passenger flow of offline stores is almost halved, especially in the first-tier cities with serious epidemics. Because most of the collective stores are imported brands, the gross profit is not high. In such a big environment, it is particularly important to control the cost, so we can only stop the store in time or slow down. At the same time, in the early period of fierce competition, this model also buried hidden dangers. "In the early stage, in order to pay attention to the external appearance of the store, this led to the lack of’ internal strength’ in this rapidly expanding track, and did not run out of a good service model."

For the collective contraction of beauty collection stores, Wang Qinglin, a senior analyst of Ai Media Consulting, also said that in 2020, most beauty collection stores adopted an expansion strategy. Under this strategy, according to incomplete statistics, more than 80% of comprehensive shopping malls or business districts in large and medium-sized cities have at least one beauty collection store, which dilutes the coverage of single-room collection stores. At the same time, although the styles of beauty collection stores are not exactly the same, most of them adopt large-scale and warehouse layout mode. Too dense collection stores weaken the "online celebrity" scarcity attribute of the original beauty collection stores and reduce consumers’ curiosity about brand stores.

The superposition of various external factors leads to the collective store having to start to explore inward and change its management mode. Nanduwan Caishe reporter found that WOW COLOUR began to gradually abandon the most iconic "light BA (beauty shopping guide)" service model of the original collection store. According to the analysis of some brands, the target groups of collective stores are mostly young, and many of these consumers are still in a state of little knowledge about beauty. In fact, they need BA’s advice and services to help them find products that are more suitable for them. "Up to now, collective stores have begun to find that BA with professional knowledge can be the key to inciting business, which can better enhance customer stickiness and even be more conducive to the construction of a complete membership system."

In addition, collective stores began to pay more attention to the precipitation of private domain traffic, establish more channels for interaction with consumers, and shift more focus to the "service" link of stores. It is understood that the black hole, which has been focusing on big-name products, will hold offline salons, electronic music parties and other activities from time to time in combination with the characteristics of shops in various cities. In order to strengthen consumers’ genuine mind, an independent beauty testing laboratory has been built.

On the whole, a group of beauty shops seem to realize the "thunder" that this business model buried in the early stage of staking, and the actions such as pulling new products and expanding are no longer the key. How to ensure the product strength while maximizing the repurchase rate of consumers and leaving high-value users in limited resources is the focus they need to think about in the next stage.

Increase the proportion of skin care products to increase profits

For this reason, beauty collection stores began to adjust the category structure and increase the proportion of skin care products. Nanduwan Caishe learned from the brand merchants who have cooperated with the colorist that the stores are not only changing new brands, but also generally increasing the proportion of skin care products for stores located in community-based commercial bodies. Because there are many skin care brands in comprehensive large-scale commercial bodies and most of them are international brands, the competitiveness of the stores located in them in the skin care sector will be relatively weak, while the community-based commercial bodies are just the opposite. Therefore, in the eyes of brand owners, colorists can compete differently by adding skin care products to community-based commercial sports stores.

On the other hand, the positioning of WOW COLOUR has gradually changed from the early emphasis on "make-up" to more emphasis on "beauty", and the proportion of skin care categories in stores has increased to 30%. Some insiders told the reporter of Nanduwan Caishe that as early as the end of 2020, the brands of major beauty collection stores began to realize that the skin care products track will usher in higher growth. For collection stores, skin care products are an important part of enhancing the integrity of consumer experience.

According to the relevant data obtained by the reporter of Nanduwan Caishe, from the perspective of cosmetics and Tmall sales since 2020, the sales growth rate of the whole industry has shown a sharp downward trend since the first quarter of 2021. According to the "Beauty and Commercial Industry Tracking Report" issued by CITIC Securities, the total retail sales of Taobao cosmetics in March and April 2022 decreased by 20.3% and 22.5% year-on-year, of which cosmetics decreased by 24.8% and 35.1% respectively. At the same time, the data represented by Tmall makeup and skin care show that the growth rate of skin care products has been much faster than makeup since 2020, and it was not until the first quarter of 2022 that there was a slight overtaking phenomenon.

In fact, whether it is a beauty collection store or a single brand, in the past year, it has become an industry consensus to increase investment in skin care tracks. Take the perfect diary of domestic beauty head brand as an example. In the first quarter of this year, the financial report revealed that the total revenue of skin care brands increased by 68.5% year-on-year to about 180 million yuan, and the proportion of total revenue increased significantly from 7.5% last year to 20.5%. Huang Jinfeng, the founder, chairman and CEO of Yixian E-commerce, once stressed at an internal meeting that the strategic significance of skin care business is to help the company achieve profitability and drive the company’s next stage of growth, which is driven by real brand power and product power.

Generally speaking, the model of beauty collection shop has not reached the end of the road, but it is indeed experiencing a painful period in the industry. Wang Qinglin believes that in the past few years, collective stores have developed too fast and the degree of homogenization is too high, and the industry has quickly entered a relatively saturated state. Coupled with the impact of the epidemic on offline and the rise of live e-commerce, it is promoting the self-adjustment, iteration and elimination of the beauty collection store industry. However, after a period of adjustment, it is expected that some brands that can further explore and enlarge their own advantages and find new profitability will have new room for growth.

Written by Xu Bingqian, reporter of Nandu Bay Finance Society

Cao Moumou, a male, male, born in 1995 ** 被 被 被, citizenship number: 4290041995 **********, Han nationality, junior high school culture, before the incident, online car driver, household registration in Hubei Group of Xian Tao City ** Village, temporarily lived in Room **, ** Road ** Road ** of Yangpu District, Shanghai. On March 31, 2021, the Chongming Branch of the Shanghai Public Security Bureau was criminally detained in accordance with the law for suspected traffic accidents.

The case was ended by the investigation of the Chongming Branch of the Shanghai Public Security Bureau and was transferred to the court on January 17, 2022 to the court for review and prosecution by the non -prosecutor Cao Moumou. After the acceptance of this court, the next day, it was informed that the non -prosecutor had the right to entrust the defender and the legal consequences that the penalty could be caused. The close relatives of the victim had the right to entrust the lawsuit to the lawsuit, and questioned the non -prosecutor in accordance with the law and listened to it. The opinions of the victim’s family reviewed all case materials.

After review by law:

At 5:35 on March 31, 2021, the brand that was not leased by Cao Moumou was Shanghai AF **** small sedan.时，因其驾驶机动车未靠道路右侧通行且违反文明驾驶规定而分别与对方向在道路东侧由南向北被害人沈某甲骑驶的号牌为上海67****电动自行车及The victim Huang Moumou’s number plate was a collision of Shanghai 38 **** electric bicycles, causing damage to the vehicle, Huang Moumou’s injury, Shen Moujia died on the spot. After determining the accident of the traffic police detachment of the Chongming Branch of the Shanghai Public Security Bureau, Cao Moumou’s total responsibility for the accident, Shen Moujia and Huang Moumou did not bear the responsibility of the accident.

After the accident, Cao Moumou’s initiative to report to the police, waiting for the scene and actively rescued the wounded. After the case, the above -mentioned criminal facts were truthfully confessed. A few days ago, the victim Huang Moumou had received Cao Moumou’s compensation RMB 55,000 (the following currencies are RMB); 38.6668 million yuan and Cao Moumou compensated 49,000 yuan (the remaining 60,000 yuan has been negotiated with Cao Moumou and the victim Shen Moujia’s family membership payment). Cao Moumou has been understood in writing by the above -mentioned victims and family members of the victims.

The evidence of identifying the above facts is as follows:

1. The one -click search for super search information, ID card copy, and criminal suspect’s illegal crime information verification form from the Shanghai Public Security Bureau confirmed that the non -prosecutor Cao Moumou had reached legal and completely criminal responsibility age when he committed the crime. Identity information and no prevalence.

2. The Shanghai Public Security Bureau’s case (event) issued by the public security organs receiving a report, the registration form, the case of the case, the 110 incident registration form, and the call for details. A traffic accident occurred near the Panlong Highway and the intersection of the construction of the North Road and the electric bicycle. Cao Moumou, who was not prosecuted, took the initiative to call the police, waited for the scene and truthfully confessed the above criminal facts.

3. The results of the test form of the drug driving (urine test) and the exhalation alcohol tester confirmed that Cao Moumou was not toxic and drunk driving.

4. Driving license information, motor vehicle driving license, photocopy of driver’s license, vehicle detailed information, motor vehicle traffic accident liability for compulsory insurance policy, commercial insurance policy, Shanghai taxi operating license confirmed, Cao Moumou’s driving license and rental car Related conditions such as the driving card is complete.

5. Shanghai Public Security Bureau’s population business inquiry management system information, ID card copy, a copy of the temporary resident ID card, and basic information of the vehicle have confirmed that the victim Shen Moujia, Huang Moumou’s identity information and two electric bicycles are related.

6. The first aid case, the medical certificate of the resident death, the guarantee, the cremation of the remains, the thermalization certificate of the body of the residents, and the thermalization of the body, and the Judicial Appraisal Opinions of the Judicial Appraisal Center of the Shanghai Medical College of Fudan University confirmed that on March 31, 2021, the victim Shen Moujia was on the spot due to a traffic accident on the spot. Death, the cause of death is in line with road traffic accidents, causing injuries to the whole body. In addition, ethanol composition was found in the blood.

7. Notice of injury testing and the outpatient medical records of the Chongming Branch of Xinhua Hospital affiliated to Shanghai Jiaotong University School of Medicine confirmed that the victim Huang Moumou had eyeballs due to the accident.

8. Household registration copy, copy of ID cards, civil judgments, civil jets, civil mediation letters, receipt, understanding, and Didi company transfer vouchers confirmed that Cao Moumou has conducted with the victim Shen Moujia’s family on the economic compensation of the accident. Civil litigation and later reached a mediation agreement. A few days ago, the victim Shen Moujia had received a compensation of 1.182 million yuan in insurance companies, 386.668 million yuan paid by Didi Company and 49,000 yuan for Cao Moumou. Payment). The family members of the victims have been understood by Cao Moumou.

9. Transportation accident understanding, people’s mediation agreement, and road traffic accident economic compensation voucher confirmed that it has been compensated by the victim Huang Moumou for the victim of the victim, and was written in writing.

10. The "Road Traffic Accident Confix" issued by the Transportation Police Detachment of the Shanghai Public Security Bureau and the situation of Shen Moujia’s electric bicycle after being drunk, which is confirmed by the situation of the responsibility of the accident. Cao Moumou’s responsibility for the accident; Shen Moujia drunk riding electric bicycles does not work on traffic accidents and the consequences of damage. The two victims had no fault in the accident. Responsibility for the accident.

11. Shanghai Fenglin Judicial Appraisal Co., Ltd.’s judicial appraisal opinions confirmed that the safety technical status of the car involved in the case is in line with the relevant provisions of GB7258-2017 "Technical Conditions for Motor Vehicle Operation Safety"; the safety technical status of the two electric bicycles involved in the case meets GB17761-2018 " The requirements of the Safety Technical Specifications of Electric Bicycles; at the time of the accident, the license plate is "Shanghai 67 ****" electric bicycle carried by people to carry people’s traffic behavior. A collision of electric bicycles can be established.

12. On -site pictures of road traffic accidents, surveys of road traffic accidents, photos, photos, CD -ROM confirmations, car accidents and other related situations.

13. The statement of the victim Huang Moumou confirmed that at 5:35 on March 31, 2021, when the electric bicycle was driving along the east side of the Pinglong Highway from south to north to the south side of the south side of the river bridge, about 200 meters, It was suitable for a sedan to drive quickly from the middle to southeast along the middle road to the southeast, and it avoided it westward. Later, it felt like a electric bicycle or a car colliding.

14. Witnesses Shen Mou’s testimony confirmed that it was the son of Shen Moujia. On March 31, 2021, Shen Moujia drove an electric bicycle and collided with a small sedan on the way along the Pinglong Highway. His mother said that Shen Moujia went to the construction site from his home when he was at the time of the incident.

15. The confirmation of the confession of the non -prosecutor Cao Moumou was confirmed that at 5:35 on March 31, 2021, the driving number was Shanghai AF **** small sedan, and it was driving north to south along the Dragon Highway in this area to the south to the shoulder. The road milestone hit two electric bicycles at 6.7 kilometers, resulting in related facts such as one death and one injury.

The court believes that Cao Moumou, who was not prosecuted, implemented the behavior stipulated in Article 133 of the Criminal Law of the People’s Republic of China, but the circumstances of the crime were mild. And its close relatives made financial compensation and obtained written understanding, according to the provisions of Article 67, paragraph 1 and 37 of the Criminal Law of the People’s Republic of China, can be exempted from criminal punishment. According to the provisions of Article 177 of the Criminal Procedure Law of the People’s Republic of China, it was decided not to prosecute Cao Moumou.

Three seized CD -ROM returned to the Chongming Branch of the Shanghai Public Security Bureau.

If the non -prosecutor’s decision, if he does not accept the decision, he can appeal to the court within seven days after receiving the decision.

If the victim’s close relatives do not accept the decision, they can appeal to the Second Branch of the Shanghai People’s Procuratorate within seven days after receiving this decision, and ask for a public prosecution; they can also filed a self -prosecution directly to the Shanghai Chongming District People’s Court of Shanghai.