Chen Danyan: Recovering Our "National Tide at Sea"

"Since the 1960s, the light industrial products produced in Shanghai have experienced unprecedented prosperity in the next 30 years, just like the sudden arrival of midsummer, the irresistible bright sun."

In the memory of Chen Danyan, a Shanghai writer, once all China sneakers were the best-looking warrior in Shanghai, all China butterscotch was the most fragrant white rabbit in Shanghai, and all China quilts and quilts were more respectable and solid in Shanghai. Gradually, Phoenix brand bicycles replaced British Blue Ridge bicycles, Butterfly brand sewing machines replaced American Singer sewing machines, and Shanghai brand films replaced European and American Aikefa and Kodak. A foreigner will take home all the daily necessities he bought in Shanghai. The travel bag he uses is light and strong, with the skyline of the Bund printed on it. The bag is also from Shanghai and is called "Shanghai Brand".

It is these local brands in Shanghai that jointly safeguarded the decency of Chinese people’s daily life in the last century. Now it’s been 30 years, what about those old brands in Shanghai? Since the second half of 2019, Chen Danyan has successively investigated the history and present situation of 40 old brands of light industry in Shanghai, and found that some of them have opened up a new world in line with the trend of the times, some have disappeared in the years, and some have struggled to make ends meet. As a supplement to the new edition of Shanghai in Chen Danyan, this part is presented in an independent chapter.

On February 25th, "What’s Shanghai like in Chen Danyan?" The sharing meeting will be held in the library. Looking at Chen Danyan’s "Shanghai brand all-steel watch", "Butterfly brand sewing machine", "Phoenix brand bicycle" and "Jinxing brand TV set" released in PPT, the readers were full of enthusiasm. Some of them are Shanghai natives, and they talk about what they saw when they were children. Some came from other places, saying that her parents had recalled the scene of shopping in Shanghai when they got married, and the couple specially came to Shanghai to buy a pair of Shanghai brand watches when she got married; Some were German students who came to China in the 1970s, and he still brings back several big bags of white rabbit toffee at the request of German relatives and friends. Others even suggested that Shanghai should set up a museum of light industrial products, and display all the old objects produced in Shanghai one by one, so as to jointly commemorate the time when materials were scarce but practical and romantic.

The life of an era

In fact, these 40 old brands can be found in Chen Danyan’s works. In Shanghai’s nonfiction trilogy (Shanghai’s romance, Shanghai’s golden branches and jade leaves, Shanghai’s legacy of beauty) and the Bund’s nonfiction trilogy (The Bund: Images and Legends, The Maze of Public Gardens, Becoming a Peace Hotel), Chen Danyan intentionally or unintentionally left many detailed and accurate information about objects.

For example, The Bund: Images and Legends published in 2008 wrote: "Her fiance bought a full set of high-quality household items in the Friendship Store for her family: Shanghai brand all-steel watch, Butterfly brand sewing machine, Phoenix brand bicycle and Venus brand TV set." Another example is: "Countless quilts with blue uniforms and red flowers are flying in the wind, and sometimes you can see the pure wool blanket of Phoenix brand, weaving a pattern of small flowers on all sides of a big flower group. That was the most conspicuous blanket of the year, because it was the blanket laid on the bed when Jinjiang Hotel received the President of the United States. " 

"When I first wrote these six books, I didn’t expect that one day, I would get to the bottom of these old Shanghai brands that appeared in the books. At that time, they were written in detail, mainly because they were non-fiction works and demanded more details than novels. When I did a good job of research and wrote a sentence of comments for them, I found that we could gain insight into the face of Shanghai living in that era. " Chen Danyan told The Paper that they are not only the material life of Shanghainese, but also the spirit of Shanghai.

In the process of investigation, she found Huang Mingxu, the former party secretary of Shanghai Pencil Factory No.2, to check the historical materials. Huang Mingxu is over the age of seventy, and he doesn’t know much about computers. However, he was very excited when he learned about Chen Danyan’s purpose, and told her that he would definitely help her, because no writer had ever asked him to know about the history of light industry in Shanghai-even though it was a glorious history.

Huang Mingxu is still the editor-in-chief of Shanghai Light Industry Chronicle, and he is in charge of tracing the history of Shanghai Light Industry. 

"Most of these old Shanghai brands emerged around the 1960s. At that time, everyone had a strong desire to contribute more to the construction of this country." Later, Chen Danyan discovered that there was an almost naive optimism, a kind of temperament of "let’s paddle" desperately. This spirit and temperament are shown in bright blue, red, yellow and changeable green. Especially for the use of green, grass green reminds people of the genuine trousers of teenagers in the 1970s, while gray green reminds people of the special green in the Shanghai Month brand.

"Shanghai is a city that maintains and respects daily life, but its spirit has always had the ideal of being one in the world and walking side by side with Britain and the United States." Chen Danyan said.

A simple and naive beauty

In Chen Danyan’s view, Shanghai’s light industrial products and handicrafts have actually provided a socialist city lifestyle in the long process of urbanization transformation in China. However, after the reform and opening up, the lifestyle brought by China’s own handicrafts and light industrial products, as well as people’s thinking and practice in daily life, gradually disappeared from the products provided by supermarkets and luxury goods markets all over the world.

Let’s talk about the "Shanghai bag" that is all the rage. With the gradual opening of the luggage market in 1990s, brands all over the world sold in Chinese mainland, and Shanghai brand bags were gradually discontinued. When Chen Danyan began to look for its trademark right, it found that "Shanghai Brand Bags" did not exist and could not register trademark patents. Later, she went to find its manufacturer, and also found the Shanghai Leather Luggage Factory, which was the most likely and should be the manufacturer in that year. But no one in the whole factory knew the production details, except that it was the planned economy era in Shanghai when this kind of bag was sold nationwide, and the Shanghai Light Industry Bureau sent orders to various factories in Shanghai for production, and the products were uniformly distributed and sold by the state. 

Many other old brands that have existed so far have also changed from the original "trendy benchmark" to "standard for middle-aged and elderly people". "At that time, the economic life was not developed, and the product first pursued practicality and durability, and then it was fashionable and beautiful." So she thought, is it possible to make those once popular products fashionable and beautiful, and make them become brands acceptable to everyone, especially young people?

In this way, Chen Danyan began his first attempt-redoing the bag printed with the word "Shanghai". In The Bund: Images and Legends, she once wrote about this kind of Shanghai brand bag: "The sketches of the skyline of the Bund buildings were printed on all kinds of artificial leather bags produced in Shanghai from 1960s to 1980s for the first time, and the word’ Shanghai’ was printed above the skyline. This style is simple, strong and durable, and it is equipped with zippered bags and travel bags. Because of its good quality, it is welcomed by Chinese. In the deep hinterland of China, it is a symbol of fashion. "

Chen Danyan’s new bag still uses the word "Shanghai", but it has made changes in shape and accessories to adapt to the current aesthetics, and has also made more explorations in material diversification. "When people see it at first sight, they will immediately feel that this is the bag my mother took when she was a child. This is the bag my father took when he was a child. There are very warm memories of our generation. I will think that when this bag is opened, it is the big steamed bread they brought back from the canteen, then the Reference News, and occasionally the white rabbit toffee. " 

"I think we can slowly leave the part of our lifestyle that has a common memory. They are urban heritages that are easier to disappear than buildings, but more likely to resonate. If we can do this, the lifestyle of this city is both economical and practical, as well as our simple and naive beauty. " She told the The Paper reporter, "I hope that our domestic products in Shanghai can return again and be regarded as the national trend by more young people. Only in this way can these old brands consciously adapt to the current aesthetics, not only satisfied with’ living’, but also pursuing’ living well’. " 

[Attachment] Notes made by Chen Danyan for Shanghai brand in Shanghai, Chen Danyan (part)

Shanghai brand watch

In July, 1955, the Shanghai Light Industry Bureau organized 58 masters in the watch industry in Shanghai to fight day and night for more than 50 days, and made 18 prototypes of fine horse and waterproof mechanical watches by hand, which should be regarded as the ancestor of China watches. In 1958, Shanghai Watch Factory officially established a factory and produced the first batch of Shanghai brand watches. On July 1st, 1958, Shanghai brand watches were listed in the third department store in Shanghai, and customers queued to buy them, which became a fashion in China for a while. In the late 1960s, the technicians of the watch factory selected a word "Shang" and a word "Hai" from Mao Zedong’s handwriting, and put them together into a hair style. This "Shanghai" trademark has been in use ever since. In the 1960s, Chinese, who wore a watch, had a Shanghai brand watch flashing "self-reliance" on every four wrists. 

Seagull license camera

In the early 1960s, China’s national defense, public security, news, medical care, scientific research, sports and other fields urgently needed domestic advanced SLR cameras. In the case of a rather weak industrial base, Shanghai Camera Factory was ordered to successfully develop the first advanced SLR camera in China-Shanghai DF-7 in 1964. As the first advanced SLR camera in China, Seagull camera has been well-known at home and abroad since 1960s. In that era when food and entertainment were scarce, owning a seagull license camera could make you the coolest person in Shanghai. 

Phoenix bicycle

Phoenix bicycle originated from Tongchang bicycle shop, the first bicycle shop in China in 1897, with a history of one hundred years. In May 1958, Shanghai No.3 Bicycle Factory was established, and the brand was born in the late 1950s. In the process of development, its technology is mainly independent research and development, pursuing innovation. In 2010, we reformed the system, built our own production base, and built a perfect production and supply system. Since the trademark "Phoenix" was marked on January 1, 1959, nearly 200 million consumers around the world have chosen Phoenix bicycle products. 

Butterfly sewing machine

In 1927, China’s first domestic sewing machine was born in Xiechang Sewing Machine Factory, named "Red Lion Brand". In 1940, "Red Lion" was renamed "Golden Lion". In 1946, the "Golden Lion Brand" was renamed as "Invincible Brand", which means "Beating the invincible hand in the world". In 1966, in order to avoid the suspicion of "four old" and to unify the names of Chinese and English trademarks in domestic and foreign trade, "Invincible Brand" was renamed "Butterfly Brand". In the 1970s and 1980s, it was a great honor for anyone to have a butterfly or bee sewing machine, and they were also the most important dowry for a married woman. 

Jinxing brand color TV

Jinxing brand color TV is a famous brand product of the former Shanghai TV Machine Factory (now Shanghai Radio and Television Group Co., Ltd.), which once had quite high praise and popularity. In 1978, the state approved Shanghai TV Machine Factory to introduce the first color TV production line in China. In October 1982, the color TV production line was officially completed, producing Jinxing brand color TV. Since then, Venus, as a landmark product in Shanghai, has won various national honors. In 2000, Jinxing brand color TV was eliminated in the market competition. In 2003, Jinxing brand color TV stopped production.

Baiyu toothpaste

Baiyu toothpaste is the oldest domestic toothpaste sold in the market so far, with a history of nearly 90 years, which is produced by Shanghai Toothpaste Factory. Its predecessor was China Chemical Industry Society founded in 1912. The first toothpaste in China-Samsung brand toothpaste is produced by this factory. In 1967, it was changed to Shanghai Toothpaste Factory, which is the birthplace of China Toothpaste Industry. Toothpastes with different names were produced all over China in 1950s, and most of them were obtained from Shanghai Toothpaste Factory. 

Taikang yellow card spicy soy sauce

At the end of 19th century and the beginning of 20th century, the use of spicy soy sauce was extended from western food to other foods in Shanghai. Spicy soy sauce is used in fried pork chops in Shanghai western food and in Luo Songtang. Local food, such as raw fried steamed bread, ribs rice cake and dry fried hairtail, is sometimes dipped in spicy soy sauce. In 1933, Meilin Canning Co., Ltd. first produced spicy soy sauce in Shanghai, using Meilin brand Golden Shield trademark; In 1960, the spicy soy sauce product line of Meilin Canning Co., Ltd. was handed over to Taikang Food Factory for production, renamed as "Shanghai Spicy Soy Sauce" and changed to Jinji brand trademark. In 1990, the Golden Rooster brand of Taikang Factory was changed to Taikang Yellow Card and Taikang Blue Card. Taikang spicy soy sauce is still produced and sold in Shanghai. 

Sullivan cookies from Yimin food factory

Sullivan biscuit is a biscuit brand produced by American Sullivan Candy and Biscuit Co., Ltd., which was founded in 1922. Sullivan Company mainly produces and distributes candy, biscuits, bread and other foods, which are very popular in Shanghai. In 1954, Sullivan Company was renamed Shanghai Yimin No.4 Food Factory. Most of Sullivan biscuits were renamed Taikang biscuits and continued to be welcomed by the public. In 1997, Yimin No.7 Factory and other parts were reorganized into Shanghai Guanshengyuan Yimin Food Co., Ltd. to continue to produce biscuits and sweets. 

strauss

Shanghai is the birthplace of Chinese musical instrument manufacturing industry. Shanghai Piano Co., Ltd., founded in 1895, is the first piano manufacturing enterprise in China. In 1916, Strauss piano registered its trademark in Shanghai. In 1958, the first piano produced by China’s national industry, the Strauss piano, was born here. In 1963, the company presided over the drafting and formulation of the first piano industry standard in China.

The evolution of the crime of cracking down on online game plug-in crime

The evolution of the crime of cracking down on online game plug-in crime

Some netizens in Zhihu asked the author: Does it constitute a crime of illegal business operation to use game AIDS like keyboard and mouse to practice online games? "A few months ago, a friend was detained for 30 days for illegal business operations and fined hundreds of thousands because he used game scripts to practice games. His game script is similar to the color recognition of the key wizard+simulation of the mouse and keyboard, developed by himself, without modifying the game client, so it should not belong to the plug-in. But one of the crimes of illegal business operation is illegal publications. His software is for personal use and has not been disseminated. I wonder if it’s really illegal? Suppose the software he uses is copyrighted? Is the situation different again? The key wizard has copyright. What’s more, JC seized all his dozens of computers without showing any documents, and searched his room. Is this in line with the rules? If this kind of case goes to court, what are the chances of conviction? I have consulted many cases, and it seems that there are only cases with plug-ins. "

The author’s answer to this: There is no official explanation for the definition of plug-in in China at present. My understanding is the cheating software of online games. For the conviction of plug-in, it mainly depends on what kind of legal relationship plug-in infringes. If it is convicted of illegal business operation, the court thinks that online games can only be operated with a license, and plug-ins operate without a license. If the crime of destroying the computer information system is determined, the court thinks that the operation of plug-ins destroys the communication between the server and the client of the online game company, resulting in the unstable operation of the server. If the crime of copyright infringement is determined, it is that the court thinks that the program of the game software is copied by the plug-in (many times this copy is actually just a call, but sometimes the court judge may not know the difference. )

In this case, if the plug-in is just a mouse and keyboard wizard, the crime of destroying computer information system and the crime of infringing copyright cannot be applied to crack down, and the only thing the court can decide is the crime of illegal business operation. But I think that criminal punishment involves people’s right to life freedom and needs to be treated very seriously. Although the plug-in industry has done great harm to the online game industry, cracking down on plug-in crimes should also comply with the relevant provisions of the Criminal Law. If the plug-in has little damage to online games, it should not be cracked down according to crimes, that is, it does not constitute a crime. The following is a paper I recently published in China Intellectual Property Magazine, which specifically discusses the advantages and disadvantages of various charges of plug-in crimes in China.

Since Shanda Network Company introduced Legend from South Korea in 2001 and became a hit, the online game industry has gradually developed into one of the most profitable industries in the domestic Internet, and has created many richest people in China, such as Chen Tianqiao and Ding Lei. However, with the development of online games, various black industrial chains around the industry have also risen rapidly, among which plug-ins that help players cheat in games are the most headache for game companies.

As far as I know during my work in an online game company, the essence of plug-in is game cheating software, which is named because it is attached to game software at runtime. Plug-ins have the following disadvantages: cheaters’ bad money drives out good money, defeats fair gamers in the game and undermines the fairness of the game; Plug-ins increase the burden on the server, forcing operators to increase the purchase of servers and bandwidth, thus raising costs and may lead to unstable server operation; Plug-ins enable players to quickly complete the tasks in the game, abnormally increase the consumption speed of game content, and make game companies have to invest a lot of human resources to increase the development of new game content. Although it can’t be ruled out that some plug-ins are developed for the shortcomings of game software, most plug-ins do destroy the user experience of the game, increase the development and operation costs of the game company and endanger the stable operation of the game.

In China, plug-in has become an industry. For any slightly popular game, R&D teams will be responsible for developing the corresponding plug-in programs, and there will be special teams to operate and sell plug-ins. There are also professional "gold-playing" companies that specialize in "gold-playing" in the game, which use a large number of plug-in programs to earn game coins, experience values, etc. and sell them to other players. It is no exaggeration to say that the whole plug-in industry is a cancer parasitic on the online game industry, and their existence has seriously damaged the development of the online game industry.

However, how to crack down on plug-ins has always been a headache for major game companies. Plug-in operators make full use of the anonymity of the Internet, the limited jurisdiction of governments in the Internet environment, and the characteristics that online payment circumvents traditional payment channels. The operating domain name and server of plug-in software are usually foreign, and the accounts used for collecting money are usually personal accounts. Even if game companies can’t contact plug-in developers, they can only see the instant messaging accounts of plug-in operators and sellers.

In this case, if the game company conducts a civil lawsuit against the plug-in operator, it will first encounter the problem of unknown subject. In many cases, the name of the defendant is unknown; Secondly, even if we know the name of the plug-in operator or even the company that runs the plug-in, we don’t know anything about their property. The plug-in operator knows that plug-in is illegal, so the bank account used for operation will generally transfer the funds in the account to other personal accounts or relatives and friends accounts in a short period of time, so even if the civil lawsuit wins, it is difficult for the game company to execute its property. Third, civil prosecution can only attack the sales and operation links of plug-in industry, but not the development links. In the final analysis, the plug-in industry is a part of the underground economy, and it is not strong enough to crack down on it with civil litigation.

Since civil litigation is not feasible, many online game companies can only seek criminal means. However, the online game industry itself is a new industry, and the plug-in behavior that destroys it is unprecedented. Whether the plug-in behavior constitutes a crime or not, and what charges should be dealt with if it constitutes a crime, in practice, major game companies and legal practitioners have been groping for many years, and have gone through three stages: the crime of illegal business operation, the crime of copyright infringement and the crime of destroying computer information systems.

The first stage is the crime of illegal business operation.

The criminal object of the crime of illegal business operation is the market order, especially the market management system in which the state restricts the sale and purchase of goods and business licenses. The corresponding legal provision is Article 225 of the Criminal Law. As the operation of online games belongs to value-added telecommunications services according to the provisions of the Telecommunications Regulations, it is necessary to apply for the business license of value-added telecommunications services at the Ministry of Industry and Information Technology. The Interim Provisions on the Administration of Internet Publishing promulgated in 2001 and the Interim Provisions on the Administration of Internet Culture promulgated by the Ministry of Culture in 2003 also stipulate that the publication and operation of online games require the prior administrative license of the General Administration of Press and Publication or local press and publication bureaus and the Ministry of Culture. Therefore, online games are an area that needs a government license to operate, and some game companies try to report the behavior of developing and operating plug-ins as illegal operations.

The specific basis is Article 11 of the Supreme People’s Court’s Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Publications, which was promulgated in 1998: "In violation of state regulations, publishing, printing, copying and distributing other illegal publications that seriously endanger social order and disrupt market order other than those stipulated in Articles 1 to 10 of this Interpretation, if the circumstances are serious, they shall be convicted and punished for the crime of illegal business operation in accordance with Article 225, paragraph 3, of the Criminal Law."

The first domestic plug-in case: Tan, former vice president of Rising, illegally operated the plug-in case. Since June 2004, the defendant talked about a certain person and others developing 007 plug-in software for Legend 3. And set up a website to promote and provide download services, and also wholesale and retail plug-in software cards, with a business volume of more than two million yuan.

After trial, the court of first instance held that the defendant talked about a certain person who, for the purpose of making profits, carried out operating Internet information services without approval, violated the regulations of the state on publishing management, used Internet websites to carry out illegal Internet publishing activities, published and distributed illegal Internet publications, infringed on the legitimate rights and interests of copyright owners, publishing institutions and game consumers, and disrupted the normal order of Internet game publishing and operation, and the circumstances were particularly serious, which constituted the crime of illegal business operation. After the original public prosecution agency filed a protest, the court of second instance held that the actions of the three defendants had constituted the crime of illegal business operation, and the circumstances of the crime were particularly serious. They were sentenced to a fixed-term imprisonment of 6 years (two years and six months in the first instance) and fined 500,000 yuan.

After the verdict was made, major online game companies in China began to report plug-in crimes on the grounds of suspected illegal business. However, from the legal point of view, the crime of illegal business operation infringes on the national market management system that restricts the sale and purchase of goods and business licenses. If operating plug-in software constitutes a crime, it needs to be certified for illegal publications. In early cases, the General Administration of Press and Publication identified many plug-in programs as illegal publications, and every plug-in program identified by it was treated as a criminal case of illegal business operation. However, traditional illegal publications generally contain pornographic or reactionary content, while plug-in programs only help players cheat in online games, and basically do not contain pornographic or reactionary content. Moreover, the crime of illegal business operation is considered as "pocket crime" in practice. Therefore, there are also objections in theory and academic circles to cracking down on business plug-in with this crime. At the same time, after identifying a number of plug-ins as illegal publications, the General Administration of Press and Publication began to reduce the identification of illegal publications, so in recent years, there are few practices.

Second, the stage of copyright infringement crime.

After cracking down on plug-ins through the crime of illegal business operation for a period of time, judicial organs in some areas began to try to crack down on plug-ins by using the crime of copyright infringement stipulated in Article 217 of the Criminal Law. The subjective aspect of the crime of copyright infringement requires copying and distributing works that others enjoy copyright without permission for profit.

The reason for attacking plug-ins with the crime of copyright infringement is that the development and operators of plug-ins copy some programs in online game software for profit. Because the profit of plug-in is millions, it is not difficult to reach the bottom line of the crime amount punishment.

Case: Defendant Zhang et al. made and sold the plug-in software for Adventure Island game operated by Shanda Network, and the profit was huge, which was later captured. The court submitted the software to Shanghai Oriental Computer Judicial Appraisal Institute for identification, and confirmed that the plug-in invaded the online game client program of Adventure Island by means of memory hook, gained control over the memory address and data modification of the program, and called and copied the data naming and data copying of 124 client software function data of Adventure Island.

The court held that the copyright of online game software of Adventure Island should be protected by Chinese laws. Defendant Zhang and others jointly copied and distributed the online game software client program of Adventure Island for profit without the permission of the copyright owner, and the amount of illegal business was huge, and the circumstances were particularly serious, which constituted a crime of copyright infringement according to the provisions of Article 217 of the Criminal Law of People’s Republic of China (PRC). In the end, Zhang was sentenced to five years in prison, and the other defendants were also sentenced to fixed-term imprisonment.

However, the author has personal objection to punishing plug-ins for this crime: if the plug-in operator is to be deemed as a crime, it is obvious that there must be unauthorized copying of computer software. The plug-in production operators do not need to copy online game software in their operations. Even if it is to be copied, not all the game client software is copied by plug-ins, but only a few applications involving data modification; And in many cases, some programs in the software are copied between the memory and hard disk of the same computer. This behavior is essentially not copying, but calling. The online game client software called by the plug-in program is generally a legal version downloaded by the player from the official website of the game. Obviously, this is different from the original intention of the criminal law to crack down on copying-to crack down on the spread of unauthorized software. Therefore, the behavior of operating plug-ins does not meet the constitutive requirements of copying computer software without permission in the objective aspect of crime. Although the case was later included in the top ten typical cases of intellectual property protection in Shanghai in 2010, in practice, there are not many cases in which the crime of copyright infringement is used to crack down on plug-in crimes, and the cases retrieved by the author are basically applied by the courts in Shanghai.

Crime of destroying computer information system.

Although the previous charges against plug-ins are a bit problematic, with the strengthening of legislation, the online game industry finally found a suitable charge against plug-ins in 2011. Article 286 of China’s Criminal Law stipulates that anyone who, in violation of state regulations, deletes, modifies, adds or interferes with the functions of the computer information system, thus causing the computer information system to fail to operate normally, and the consequences are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the consequences are especially serious, they shall be sentenced to fixed-term imprisonment of not less than five years. Whoever, in violation of state regulations, deletes, modifies or adds data and applications stored, processed or transmitted in computer information systems, if the consequences are serious, shall be punished in accordance with the provisions of the preceding paragraph. However, because there are no applicable standards with serious consequences and particularly serious consequences, this provision is rarely used to crack down on plug-in crimes.

In September, 2011, the Supreme People’s Court and the Supreme People’s Procuratorate jointly promulgated and implemented the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering the Security of Computer Information Systems, which has a clear quantitative index for the criminal consequences of destroying computer information systems, and greatly reduced the difficulty of cracking down on plug-in crimes.

Case: Su Mou and others modified the data of the online game server of Tianlong Babu through their own computer knowledge and software, implemented plug-in behavior, illegally swiped virtual currency and virtual items, and sold them online for profit. Their behavior caused a large number of abnormal accounts in the online game of Tianlong Babu to continue swiping gold coins in the game, which caused a serious impact on the virtual economic system in the game, causing the game network to be seriously blocked, and the players could not log in normally, so the operating company could only stop and maintain the server.

According to the trial of the People’s Court of Linghe District, Jinzhou City, the defendants Su Mou, Lin Mou, Zhou Mou, Li Mou, Pang Mou and others used plug-in software to modify the data of the online game server of Tianlong Babu, which caused the computer information system of Beijing Changyou Times Digital Technology Co., Ltd. to fail to operate normally, with serious consequences, clear criminal facts and reliable and sufficient evidence. In the first instance, the defendants Su Mou, Lin Mou, Zhou Mou, Li Mou and Pang Mou were sentenced to one year and one month in prison for the crime of destroying the computer information system, and the other defendants were sentenced to six months in prison, suspended for one year, and all the illegal gains and tools of the defendants were confiscated.

This case is different from the traditional case of developing and selling plug-in software. The traditional case of plug-in attacks the behavior of developing or selling plug-in, while this case attacks the gold-playing company that uses plug-in to "play gold" in the game and sell it to other players. There has been a great controversy in the industry about whether the use of plug-ins by gold-playing companies constitutes a crime. A typical case is that the Nanjing court ruled that the person in charge of a gold-playing company committed a crime with the crime of illegal business operation. However, there is obviously no national license restriction on the use of plug-ins to play gold in the game. Therefore, the case is very controversial. However, it is obviously more appropriate to use the crime of destroying computer information system to deal with the large-scale use of plug-ins to make money, because the large-scale use of plug-ins by plug-ins to make money may also lead to the criminal consequences that computer information systems cannot operate normally.

Finally, criminal punishment involves people’s right to life freedom and needs to be treated very seriously. Although the plug-in industry has done great harm to the online game industry, cracking down on plug-in crimes should also comply with the relevant provisions of the Criminal Law. From the point of view of the evolution of the charges against plug-in as a high-tech crime, although there are disputes at every stage in the whole process, it is indeed developing in a reasonable and perfect direction. Therefore, it can be seen that although there is a certain lag in the development of law, it will not lag behind for too long.

Author: You Yunting, partner of Shanghai Dabang Law Firm, intellectual property lawyer, tel: 8621-52134900, email: yytbest@gmail.com, this article only represents the author’s views. For more exciting intellectual property laws, please visit: www.legalservice.cn (Chinese) and www.chinaiplawyer.com (English).

The amount of unpaid blood donation has increased five times in 19 years, and China’s blood safety supply ranks among the top in the world.

  China Net News June 13 (Reporter Dong Xiaodi) From January to May 2018, China donated 5.965 million blood without compensation, and the amount of blood collected was 2,065 tons, up by 3.6% and 5.2% respectively compared with the same period of last year, of which 438,000 platelets were collected by machine, and 713,000 blood was collected for treatment, up by 7.6% and 10% respectively compared with the same period of 2017.

  Zhou Zhongqiang, deputy director of National Health Commission Medical Administration and Hospital Authority, said in Beijing on the 12th: "This year marks the 20th anniversary of the implementation of China’s Blood Donation Law. In recent years, we have insisted on ‘ Open source, reduce expenditure and ensure safety ’ , to achieve the level of governance according to law, blood supply, blood safety and rational blood use ‘ Four promotion ’ 。”

  buildCovering the urban and rural blood station service system, the amount of blood donation has increased more than five times in 19 years.

  In 1998, China officially implemented the "Blood Donation Law" and established the system of unpaid blood donation in legal form. In the past 20 years, the number of unpaid blood donors nationwide has increased from 328,000 in 1998 to 14.59 million in 2017; The amount of blood donation increased from 800 tons in 1998 to 4956 tons in 2017, an increase of more than five times.

  Zhou Qiangqiang introduced that in recent years, governments at all levels have established a blood station service system covering urban and rural areas. By the end of 2017, there were 32 blood centers, 321 central blood stations and 99 central blood banks in China. There were 1,380 fixed blood collection points, an increase of 41.3% over 2012.

  "At present, China’s blood support capacity can basically meet clinical needs. In the next step, we must further improve the blood safety and the level of clinical rational blood use, and strive to achieve a blood donation rate of 15/1000 population by 2020, and 100% of clinical blood comes from voluntary blood donation. " Zhou qiangqiang said.

  Full coverage of nucleic acid detection in blood stations and blood transfusion transmission of key infectious diseases have been basically blocked.

  As a rare resource related to national security, the level of blood safety has always been concerned, and blood screening and testing has become the key link of blood safety supply. At present, China’s blood testing mainly includes transaminase, hepatitis B surface antigen, hepatitis C antibody, HIV antibody and nucleic acid testing, which has been in line with international standards, and some large blood centers have basically realized the automation of blood testing and preparation and processing.

  Since 2011, China has carried out nucleic acid testing. According to the data provided by National Health Commission, the "window period" of detection of human immunodeficiency virus, hepatitis B virus and hepatitis C virus has been shortened by about 50%, 82% and 20% respectively.

  "In April this year, Xizang Autonomous Region Blood Center independently carried out blood nucleic acid testing, and China achieved full coverage of blood station nucleic acid testing, which was carried out in only 24% countries in the world," Zhou Qiangqiang pointed out. "China has established a blood quality management system covering the whole process of blood collection and supply, basically blocking the spread of key infectious diseases such as AIDS through blood transfusion. The 2017 World Health Organization report shows that China’s blood safety supply level ranks among the top in the world. "

  On June 12, 2018, Beijing Red Cross Blood Center, unpaid blood donors were taking advantage of the machine. China Net reporter Dong Xiaodi photo

  820,000 people have been commended for improving the incentive mechanism for voluntary blood donation in various places.

  In order to encourage the public to participate in voluntary blood donation, China has established a system of recognition and reward for voluntary blood donation, and every two years, voluntary blood donors with a cumulative blood donation of more than 4000 ml are commended. Up to now, 820,000 people have won the award, and this year’s 2016-2017 voluntary blood donation commendation is expected to be about 390,000 people.

  Zhou Qiangqiang introduced that the "Blood Donation Law" stipulates that unpaid blood donors have the right to use blood without compensation. Shanghai, Jiangsu, Guangdong and other places stipulate that blood donors can give priority to blood use, and spouses and immediate family members also enjoy corresponding preferential policies for blood use according to local regulations.

  In addition, incentives have been introduced in many places, such as Jiangsu and Zhejiang, which stipulate that blood donors who have won China’s unpaid blood donation award can enjoy the three-free policy, free of bus tickets, free of government-run park tickets, and free of hospital registration fees; Kunming, Yunnan, set up a donation and love scholarship fund to help poor college students who love public welfare to complete their studies.

  "In the next step, we should improve the service for blood donors, increase and rationally arrange blood donation points, improve service processes, and increase the comfort of blood donors in the process of blood donation; Simplify the blood expense reimbursement process and improve the satisfaction of blood donors. " Strong perimeter indicates.

  With the continuous improvement of blood utilization rate, the blood consumption of operating table decreased by 30%

  In terms of improving blood utilization rate, China has taken many measures, such as blood preparation, establishing blood emergency deployment mechanism, and strengthening clinical rational use of blood. In recent five years, the per capita blood consumption of discharged patients and operating tables in China has decreased by 20% and 30% respectively, and the proportion of autologous blood transfusion has increased by 30%, saving a lot of blood resources.

  Zhou Qiangqiang revealed that although China’s blood support ability can basically meet clinical needs, it is a "tight balance" state. The aging population, the increase in the number of older high-risk pregnant women brought about by the two-child policy, and the continuous increase in the amount of medical services brought about by the improvement of medical security have put forward higher requirements for the safety of blood supply.

  "In the next step, we will carry out a rational evaluation of clinical blood use based on a single disease, so as to minimize surgical blood use, accurately use clinical blood and maximize quality and efficiency; Guide medical institutions to carry out patient blood management, and establish individualized treatment programs for key groups such as high-risk pregnant women and patients with blood diseases; Guide blood stations to provide suitable blood varieties, including small packaged blood suitable for children’s treatment; Improve the service level of unpaid blood donation, expand the scale of fixed blood donors, and ensure ‘ Off-season ’ Blood security. " Zhou qiangqiang said.

Take measures to promote the healthy consumption of food nutrition for urban and rural residents, focusing on three aspects.

CCTV News:According to the person in charge of the Ministry of Agriculture and Rural Affairs, at present, China’s per capita energy, protein and fat supply have exceeded the world average, but the situation of unbalanced and insufficient nutrition is more common, which can be summarized as "more" and "less".

"Too much" means eating too much vegetable oil. At present, the per capita cooking oil in China exceeds the recommended amount of scientific diet by more than 40%. "Less" means insufficient intake of healthy foods such as milk and dairy products, soybeans and bean products. At present, the annual consumption of milk per capita in China is only one-third of the world average and one-half of the average in Asia, far below 110— The recommended dietary amount of 183 kg, the intake of soybeans and bean products is lower than the recommended amount.

Three aspects focus on promoting healthy consumption of food nutrition for residents.

The relevant person in charge of the Ministry of Agriculture and Rural Affairs said that many measures will be taken to promote the healthy consumption of food nutrition for urban and rural residents, focusing on three aspects.

Lei Liugong, Director of Market and Information Department of Ministry of Agriculture and Rural Affairs:The Ministry of Agriculture and Rural Affairs, together with relevant departments, will coordinate the construction of a healthy China and a strong agricultural country, and take a series of measures to promote healthy consumption of nutrition with the goal of meeting the needs of people’s high-quality life and population’s high-quality development.

At the production end, we will further promote variety cultivation, quality improvement, brand building and standardized production, and increase the supply of green and high-quality products by developing new healthy and nutritious foods such as soy products and cheese, so as to enrich consumers’ dining tables. In terms of supervision, we should strengthen the supervision on the quality and safety of agricultural products, fully implement the certification system for edible agricultural products, and ensure the "safety" so that consumers can eat with confidence. In addition, around the key contents such as "reducing oil and increasing beans", we will strengthen the popularization of food nutrition science, guide urban and rural residents to adjust their eating habits and food structure, so that ordinary people can choose, eat and eat healthily.

State Council issued a document: stimulating the consumption potential of residents’ cultural tourism, aiming at both ends of supply and demand

  ● A few days ago, the General Office of the State Council issued the Opinions on Further Stimulating the Potential of Culture and Tourism Consumption, and put forward specific measures from nine aspects: introducing measures to benefit the people, enriching product supply, developing night economy, improving tourism environment, promoting industrial integration, and strict market supervision.

  ● The tourism industry chain includes six aspects: eating, living, traveling, traveling, shopping and entertainment, all of which involve consumption. In the eyes of the industry, financial services can explore the combination point in all links. At the earliest, the "traditional bank+offline travel agency" model was the main one, that is, some offline large travel agencies cooperated with banks to launch staged tours.

  ● With the development of new consumption formats and new modes, consumer credit has gradually penetrated into the fields of culture and tourism. Especially with the wide application of information technology such as big data and cloud computing, the popularity of the consumer credit industry has soared, and the consumption mode of using online credit loans to purchase offline services has been sought after by more and more consumers.

  ● According to the latest statistics of the National Bureau of Culture and Tourism, in the first half of this year, the per capita consumption expenditure on education, culture and entertainment of the national residents was 1,033 yuan, an increase of 10.9% over the same period of last year, accounting for 10.0% of the per capita consumption expenditure; It is estimated that there will be 3.08 billion domestic tourists and the income will be 2.78 trillion yuan, up by 8.8% and 13.5% respectively. There were 72.69 million inbound tourists and 64.9 billion US dollars in international tourism revenue, both of which increased by 5%.

  Our reporter Zhao Li

  Intern Xie Huixu of our newspaper

  A few days ago, the General Office of the State Council issued the Opinions on Further Stimulating the Potential of Culture and Tourism Consumption (hereinafter referred to as the Opinions), which put forward concrete measures from nine aspects, such as introducing measures to benefit the people, enriching the supply of products, developing the night economy, improving the tourism environment, promoting industrial integration and strict market supervision, so as to focus on both supply and demand and stimulate the potential of residents’ cultural tourism consumption.

  The "Opinions" clearly stated that it supports the expansion of cultural and tourism consumer credit business, encourages the issuance of joint bank cards with merchant discounts and consumption stages, innovates the mortgage and pledge model of consumer credit, and develops credit products with different down payment ratios, terms and repayment methods.

  In this regard, Qi Xiaobo, assistant director of the Tourism Research and Planning and Design Center of China Academy of Sciences, said in an interview with the reporter of Legal Daily: "The introduction of the tourism financial credit policy in the Opinions will not only provide more convenient services for residents’ daily cultural tourism consumption, but also help expand the banking financial services and financial consumption market."

  Aim at both ends of supply and demand

  Stimulate cultural tourism consumption

  The new consumer finance platform has been embedded in daily consumption scenes such as tourism, and the credit consumption loans provided by banks can support consumers’ various consumption needs more flexibly.

  Wang Yun is an account manager of a state-owned commercial bank. According to her introduction, personal credit consumption loans launched by banks can be used for cultural and tourism purposes, but strictly speaking, they cannot be used in investment fields such as purchasing wealth management products.

  "Our consumer loan amount can be up to 800,000 yuan from 600 yuan, and the cumulative amount that can be applied for by self-service channels such as online banking, mobile banking and smart terminals is up to 300,000 yuan, and the interest rate is relatively low." Wang Wei said.

  As an employee of an investment company, Guo Xiao told the reporter of Legal Daily that financial institutions, including banks, venture capital groups and risk control groups, have provided installment payment, credit cards, consumer credit and insurance services for tourists. Of course, under the general trend of "tourism+finance", travel-related enterprises, including OTA platforms and travel agencies, also take the initiative to connect with financial institutions, take advantage of internet finance, innovate to build a tourism financial service platform, and provide tourists with financial services for the whole tourism industry chain, such as payment and settlement services, tourism foreign exchange management, and tourism consumption staging.

  Looking up relevant information, the reporter of Legal Daily noticed that before 2010, tourism consumption finance developed, and the first mode was "traditional bank+offline travel agency", that is, some offline large travel agencies cooperated with banks to launch the case of staged travel.

  Regarding the background of introducing a series of policies and measures in terms of cultural and tourism consumption credit and means of payment, Qi Xiaobo said that on the one hand, the reason is that with the continuous and rapid improvement of living standards of urban and rural residents, residents’ culture and tourism consumption continue to expand. On the other hand, since the beginning of this year, the downward pressure on the economy has been great, the consumption demand of residents has slowed down, and the growth space of traditional consumption areas is limited. Stimulating cultural and tourism consumption is another market stimulating measure after the consumption policies such as automobiles and household appliances.

  According to the latest statistics of the National Bureau of Culture and Tourism, in the first half of this year, the per capita consumption expenditure of education, culture and entertainment of the national residents was 1,033 yuan, an increase of 10.9% over the same period of last year, accounting for 10.0% of the per capita consumption expenditure; It is estimated that there will be 3.08 billion domestic tourists and the income will be 2.78 trillion yuan, up by 8.8% and 13.5% respectively. There were 72.69 million inbound tourists and 64.9 billion US dollars in international tourism revenue, both of which increased by 5%.

  "It can be seen that there is a lot of room for cultural and tourism consumption to be released, and many new consumption patterns and product formats have also been born in the market, which is of great significance to expanding domestic demand and promoting economic transformation." Qi Xiaobo said.

  According to Qi Xiaobo’s analysis, the General Office of the State Council issued the "Opinions" with the purpose of exerting strength from both supply and demand, constantly stimulating the cultural and tourism consumption potential, and promoting the cultural and tourism consumption facilities to be more perfect, the consumption structure to be more reasonable and the consumption environment to be more optimized. According to the data of the National Bureau of Statistics, the contribution rate of final consumption expenditure to economic growth reached 76.2% in 2018, and consumption has become the "main engine" to stimulate the economy. "The rapid development of culture and tourism consumption finance has further promoted the upgrading of consumption and improved the quality of life of residents."

  With the development of new consumption formats and modes, consumer credit has gradually penetrated into the fields of culture and tourism. At the same time, with the application of information technology such as big data and cloud computing, the popularity of consumer credit industry has soared, and the consumption mode of using online credit loans to purchase offline services has been sought after by more consumers.

  "The policy on tourism consumption credit in the Opinions is conducive to expanding the market for financial services and financial consumption of banks. Facing the growing middle-class consumers, joint bank cards for hotel reservation and air ticket purchase will have rich customer resources, and they have better income level and purchasing power. Once this market is activated, it will greatly stimulate cultural tourism consumption. " Dong Dengxin, director of the Institute of Financial Securities of Wuhan University of Science and Technology, said.

  Tourism consumption finance is active.

  Risk prevention and control needs to be strengthened

  In 2013, the Internet finance boom led to a number of online travel platforms that entered the field of consumer finance earlier. After 2015, tourism consumer finance has attracted more attention, and many online travel platforms are rushing in.

  Guo Xiao said that from the current users of various Internet tourism enterprises, the users of content enterprises represented by Ma Honeycomb have grown strongly, and the online usage scenarios of tourism users have gradually deepened. E-commerce platforms have transplanted the concept of consumption first and then payment to the development of tourism. For example, Huabai launched by Alibaba and JD.COM Baitiao launched by JD.COM all use their huge platform user base to guide the change of consumption concept, and then through the implantation of tourism concepts and industries, they have launched installment payment services for tourism products on their own platforms to meet the needs of tourists.

  According to the data, at present, most online travel platforms have launched tourism staging products, and at the same time, an entrepreneurial platform focusing on tourism staging has been born.

  "The deep integration of information technology and consumer credit business makes consumers basically not limited by the business hours and processing space of financial institutions. After users submit their identity information online, the platform can quickly complete the review and grant credit lines in time. For financial institutions, Internet consumer credit can handle small loans in batches and in a standardized way, which also helps to better prevent risks. " Dong Ximiao, vice president of Chongyang Financial Research Institute of Renmin University of China, said.

  According to Guo Xiao, the tourism consumption financial service platform has the characteristics of low loan amount, short loan period and low borrowing cost. Take the white note business of a tourism enterprise as an example, its maximum amount is only 50,000 yuan, but it is at a medium level in related businesses, and the loan repayment period is relatively simple, with only 10 months and 3 months. From the operational level, the operation interface of the tourism consumption financial platform is simple and intuitive, with the characteristics of fast approval and fast payment.

  Recently, according to media reports, a number of users said that they borrowed money from a well-known tourism company’s "Money Tour" and "Journey White Strip" and were charged a loan acceleration package of 199 yuan by the platform. The annual interest rate of comprehensive loans exceeded 300%. Some media found on the 21CN complaint platform that from May to July this year, there were as many as 277 complaints about this travel platform, such as "beheading" and "violent collection", and there were more than 100 similar complaints about black cats.

  In this regard, Yin Zhentao, deputy director of the Law and Finance Office of the Institute of Finance of China Academy of Social Sciences, said: "Through this phenomenon, we found a problem, that is, technology enterprises do financial business. Many travel online platforms started with technology companies. Even in the tourism industry, they actually do Internet business as technology companies. The standards and requirements required for financial business are still relatively high. Many technology companies still have some deficiencies in risk control ability or understanding of finance, which cannot be made up in a short time. Therefore, in the early stage of industry development, similar phenomena are relatively normal. "

  Zeng Rong, who has been engaged in the development of tourism financial products, said that due to the complex characteristics of the tourism industry, the tourism supply chain is long, there are many capital circulation links, and there are many cross-industries, it is easy to produce loopholes in capital precipitation and control. The risk control model of tourism consumer finance comes from the bank risk control model, but it needs to be further evolved in combination with the characteristics of the tourism industry. The construction and investment of tourism projects is a long-term and continuous process, and the prosperity of tourist attractions takes a long time. Therefore, the future income of tourism is very uncertain, and tourism loans are mainly pledged by the right to operate scenic spots and the right to charge tickets.

  Regarding the risk of tourism consumption loans, Yin Zhentao thinks: "On the one hand, the tourism expenses are still relatively large. Driven by the installment of tourism loans, are the individual’s affordability and tourism demands appropriate? Nowadays, many young people travel overseas by stages and go to some countries with relatively high consumption levels, which will increase their debt pressure. How to achieve healthy guidance is worth thinking about. "

  "On the other hand, the tourism industry is special. The consumption stages of tourism industry are usually given to tourism service providers at one time. If consumers change their itinerary or cancel their itinerary for some reason, there are obstacles and difficulties in terms of consumer protection and service. This may require enterprises and regulatory authorities to jointly create a good development space or establish feasible market rules for constraints. " Yin Zhentao said.

  Innovating mode and strengthening supervision

  Ensure the healthy development of the industry

  Even if there are risks, the relationship between consumer financial services and consumption scenarios has become increasingly close. The whole industrial chain of tourism includes six aspects: eating, housing, traveling, traveling, shopping and entertainment, and all links involve consumption. In the eyes of the industry, financial services can explore the combination point in all links.

  "such as financial needs before going out; The demand for capital guarantee, installment consumption and shopping during travel; Demand for consumption tax refund and financial management after travel. The innovative integration mechanism of tourism and finance can effectively expand the scale and dependence of tourists and users, and improve the experience of tourism consumers. " Guo Xiao said.

  While paying close attention to the realization of traffic, many online travel platforms are turning to industrial finance in another way. An insider who once had working experience in the financial services department of an online travel platform revealed: "Industrial finance has a single energy level of 50 million, and the amount of personal consumption finance is too small, and the level difference is too much. We are more based on the financial needs of enterprises in the tourism industry chain. The overall financing scale in 2019 almost reached 1 billion yuan. "

  Regarding how to effectively guarantee the benign development of tourism consumption credit, Yin Zhentao thinks that "the most important thing is to rely on the high attention of the regulatory authorities".

  Regarding the innovative consumer credit pledge model proposed in the Opinions and the development of credit products with different down payment ratios, terms and repayment methods, Yin Zhentao said: "First, we must have a risk awareness and license concept for the industry and carry out business according to market rules. Secondly, we must consider a large number of our own clients (such as mobile apps or computer software), financial consumer protection, data security and business logic of the industry, as well as factors such as business development logic, financial regulatory requirements and corporate social responsibility.

  Yin Zhentao also suggested that at the relevant regulatory level, there should be guidance first, including guiding technology companies to carry out financial business, giving innovative license resources to technology companies, and guiding financial consumers to form a reasonable consumption concept. Secondly, there must be constraints, and it is necessary to clarify the regulatory authorities and institutions. In the process of supervision, we must also consider the characteristics of this new format and innovate the supervision methods. "The supervision of such enterprises is different from that of traditional financial institutions, and the data flow of such financial companies will be more difficult to supervise, which may require scientific and technological supervision means."

  According to insiders, the risk control ability has an impact on the income scale and cost through the audit pass rate and bad debt rate respectively. Under normal circumstances, the higher the interest and service fees of a platform, the worse the credit standing of the users, and the higher the approval rate; Improving the ability of risk control can ensure that the audit pass rate will increase while the interest and service fees remain unchanged, thus expanding the income scale.

  "Improving the ability of risk control can reduce the bad debt rate under the condition that the audit pass rate is certain, thus reducing the cost." Zeng Rong suggested that it is necessary to fully integrate Internet big data credit reporting with multi-dimensional data sources, personal credit certification, quantitative rating, etc. to achieve rapid automatic approval, flexibly configure risk control models, reduce risk control costs, improve approval efficiency, and reduce the incidence of bad debts. It will be an important competitiveness for tourism financial service providers to build a risk control system based on credit information system, so that enterprises can reduce operating costs and enhance their comprehensive competitiveness while increasing their financial service capabilities. 

Hollywood blockbusters playing "China Special" fans: treat us as retarded?

  A Hollywood blockbuster, besides the international version, also has a special "China Special Edition". Recently, Iron Man 3 has been released in two editions, namely "International Edition" and "China Edition", and many Hollywood blockbusters have begun to consider how to please China audiences better. The way Paramount Film Company handled two films recently can tell the world that China has become an important film market in the world. Directed by marc forster and starring Brad Pitt, "world war z" will be a special edition for modifying some plots in the China market; Another work of the company, "Transformers 4", also confirmed that part of the content will be produced in China. Even Cameron’s Avatar has a China race. Nowadays, Hollywood blockbusters playing "China Special" and "Double Edition" have attracted heated discussion in the British media, but China fans are quite angry about it.

  Cameron: There will also be many Chinese on Pandora.

  Recently, the film world war z, directed by marc forster and starring Brad Pitt, exposed the latest poster, and announced that the film will be released in North America in the summer on June 21st, 2013. At the same time, it is reported that the film will be specially produced as "China Special Edition".

  The story tells the story of human beings facing desperate survival after the outbreak of zombie virus. Brad Pitt plays a survivor in the film. In the western version, the zombie plague involves China. In the China version, this plague is called "Moscow flu", which originated from military enterprises. The first person to find the virus was a brave China scientist. World war z is actively striving for the introduction and submission.

  Paramount Film Company has decided to make part of the production process of Transformers 4 in China, and has reached a cooperation agreement with CCTV Film Channel. This blockbuster film series directed by michael bay has been launched in London, and it is scheduled to land in North American cinemas on June 27th, 2014, which is expected to be introduced into China at the same time. In an interview with foreign media, michael bay revealed that China actors performed in Transformers 4 for up to 10 minutes, but this part will not appear in the western version.

  Avatar 2, which is being prepared, has also been widely reported that there will be many China elements in the film, including the Avatar race based on China. Cameron, the director, said that he hoped to invite China actors to play an important role in the film. He thought the market was very important. "I will do some necessary work to make this country an important market for my films. I will abide by the internal rules of this market. "

  It’s not the first time that a Chinese-American cooperative film has a "special edition" when it was released in China. Last year’s "Ring Messenger" showed more scenes of Summer Xu and scenes in Shanghai than the international edition. In Marvel’s summer masterpiece Iron Man 3, Fan Bingbing’s play only appeared in the China version.

  British media hotly discuss "Hollywood suffers from China syndrome"

  The website of The Sunday Times reported that "China defeated the zombies in Brad Pitt", while the Independent recently published an article pointing out that "Hollywood suffers from China syndrome": "Hollywood is now panting after the China film market. In order to win business, Hollywood is ready to rewrite the script, reshape the bad guys, and even transplant the whole work. "

  The reason is that an annual report released by the Motion Picture Association of America last month shows that China has replaced Japan as the second largest box office market in the world after the United States in 2012.

  Adding China element is questioned as "export to domestic sales"

  Hollywood’s move has attracted a lot of criticism from China fans when it has not brought benefits yet. Many netizens questioned that this kind of differential treatment is "very deceptive" and belittled the level of Chinese people’s movie viewing, "simply treating us as retarded". Many netizens think that the forced implantation of China elements is not beneficial to the content of the film, and the blunt creation of a "double version" is purely for the producers in China to entertain themselves, and the performance of China actors is nothing more than "exporting to domestic sales". The China industry is worried that this new model will threaten the already struggling domestic films. "People take away our market and our funds, how can China films survive?"

  Extended reading

  The qualification of "co-production" is hard to find, and "special offer" kills two birds with one stone

  Insiders: China’s "plug-in" is difficult to become mainstream

  According to the Motion Picture Association of America, by 2020, China may surpass the United States and become the largest film market. As a result, Hollywood blockbusters are "a red heart, two hands ready." The concept of "double version" suddenly triggered a heated discussion in the industry, and netizens complained about it. "Why does Hollywood have to make money in a different way?" Yan Erwei, a producer who is familiar with the Hollywood market and executive director of Riggs Communication, believes that "special editions" may appear together, but they will not become the mainstream.

  It is not difficult to find that Iron Man 3 and Transformers 4 have caught people’s attention with "co-production" and "co-production". Avatar 2, which is being prepared, has also been exploded, and there will be many elements of China. The "Special Edition" has caused a heated discussion in the industry. It has been reported that the reason why the "special edition" has emerged is that there are too many conditions required for "co-production" and the qualification is too difficult to obtain. Can’t justify "in tune", Hollywood blockbusters simply take the "special offer" route, use China elements to create topics in the simplest way, and attract mainland audiences to pay for tickets, which can be described as killing two birds with one stone.

  Yan Erwei is very familiar with the Hollywood market. He said that "co-production" existed before, and The Kite Runner was a typical example. "More than 90% of the shots of this film were shot in China. At that time, there were two Chinese and American crews on the shooting scene, but the film was not released in the mainland after the filming, and the film side did not intend to release it in the mainland. In short,’ co-production’ refers to the film that has nothing to do with China after the filming. But recently, this concept has gone bad, because a large number of Hollywood commercial blockbusters have entered the China market with ambition. ". The ambition here is to add some China scenes and actors to win the audience’s favor. "

  Will "special edition" become a trend? How long can this model have vitality? Yan Erwei said frankly that it is possible that there will be more and more "special editions" in recent years, but it is not necessary to put a question mark on it. "Let’s just say that’ special offer’ has not greatly improved the quality of the film itself, and it is not good for exporting values, so I personally am not optimistic about the prospects, at least it will not become the mainstream." He described the "special edition" as a "plug-in" for China in Hollywood film operation, which may be the beginning but can only be a transition.

  Will this difference affect the movie-watching mentality of fans and the box office of movies? Yan Erwei said that at present, the "special edition" with China elements will not be too bad at the box office in the mainland, and these films will have a new fulcrum in marketing and publicity, and the appearance of face of china will also make the audience feel familiar.

  Film critic Bi Chenggong also said that although netizens have a lot of abuse, I am afraid that when the movie is really released, most of them will still go to the cinema. He also pointed out that the China element will not affect overseas audiences. "Hollywood blockbusters are often filmed in various countries, and overseas audiences have long been used to it. For them, as long as Americans shoot American movies, they will be given a three-stage genre film, and it is the same where they are filmed."

  Comprehensive Oriental Daily and xiaoxiang morning herald

Experts on the Defence of Blue Sky (5) Dust is an important source of particulate matter, and control should be continuously strengthened.

  The causes, sources and control of heavy air pollution are one of the hot issues in society. During the Spring Festival and epidemic control, the National Joint Center for Air Pollution Prevention and Control thoroughly analyzed the characteristics and laws of the heavy pollution process, providing continuous scientific and technological support for winning the blue sky defense war in 2020. The National Joint Center for Air Pollution Prevention and Control has recently launched a series of expert interpretations, which we forwarded to further respond to public concerns. In this issue, experts from Nankai University and china environmental science Research Institute are invited to analyze and interpret the impact of dust on air pollution.
  1. Dust is atmospheric particulate matter (PM10And PM2.5Etc.).
  According to China’s Technical Code for Prevention and Control of Urban Dust Pollution (HJT393-2007), dust sources can be divided into four categories: road dust, construction dust, soil dust and yard dust. The research results of source inventory show that the emission of PM10 in Beijing-Tianjin-Hebei and the surrounding "2+26" cities reaches 1.7 million tons/year, and PM2.5It reaches 450,000 tons/year, of which roads and construction are the main sources of dust in most cities, and together they can account for more than 80% of the total dust emission. The results of urban particulate matter source analysis for many years also show that although dust has been controlled to some extent in recent years, the sharing rate of dust in most cities to PM2.5 concentration is still 15%~25%.
  Urban dust has the characteristics of uncertain source intensity, random emission, diverse emission locations and types. The impact of dust is mainly affected by two factors: one is the amount of particles (such as road dust load) and the physical properties of particles (such as water content) on the carrier (such as roads) carrying dust, and the other is the disturbance degree of human activities or natural forces. The more dust accumulated, the greater the disturbance, and the more serious the impact of dust. There are a lot of cars driving in the road environment, and human activities are very intense, so road dust is one of the most important sources of dust. But the problem is that our roads don’t produce much particulate matter, and the road dust is very high on most roads. Many roads have more than 10 grams/square meter of dust, and good roads only have 1-2 grams/square meter, or even lower. So where does the dust on the road mainly come from? The research results for many years show that road dust is closely related to the material transportation in the construction site. In addition to the dust pollution caused by various construction operations (especially ground-breaking operations), it is more important to have its "long chain" emission, that is, a construction site will cause a large area of dust pollution due to the transportation and scattering of various raw materials, earthwork and other materials. Therefore, construction and roads are important sources of dust, and are the focus of urban dust control.
  2. Changes in the activity level of dust-related pollution sources during the Spring Festival and the epidemic.
  According to the big data of construction machinery based on the Internet of Things, the average operating rate of construction machinery during the Spring Festival in 2020 was about 5%, and it was about 23% in the same period in 2019, and the operating rate of construction machinery decreased by 77% year-on-year. After the Spring Festival in 2020, affected by the epidemic (from the seventh day to the 23rd day of the first month), the operating rate of construction machinery did not gradually return to the pre-holiday level as in previous years, but the operating rate remained at around 7%, and it did not show signs of recovery until after the 24th day of the first month. This shows that there are fewer construction projects and fewer "direct sources" of construction dust.
  Operating rate of construction machinery during the Spring Festival in 2019 and 2020
  (Source: Tiejia. com-Rolling Broadcasting of Operating Rate of National Construction Machinery)
  In addition, motor vehicle traffic is also significantly affected by the epidemic. In 2020, the cross-sectional traffic volume of passenger cars and trucks in the six provinces of Beijing, Tianjin and Lu Yu will be 50% and 53% respectively compared with last year. From the first day of the first month to the seventh day of the first month in 2019, the cross-section traffic volume increased rapidly from a low value, and the cross-section traffic volume on the seventh day of the first month has basically reached a normal level, while in the same period in 2020, the cross-section traffic volume has remained at a low level due to the epidemic situation. This shows that there are fewer cars on the road and fewer disturbances caused by human activities.
  Variation trend of cross-section traffic volume during Spring Festival in 2019 and 2020.
  (Source: Planning Institute of Ministry of Transport)
  3. The change of particulate pollution characteristics during the Spring Festival this year just shows the impact of dust.
  During the Spring Festival and the epidemic, the sources of dust have decreased, so let’s take a look at the corresponding changes in the characteristics of particulate pollution. For "2+26" cities, the whole year of PM in 20192.5/PM10The average ratio was 0.57, and it reached 0.77 in January 2020, up 10% from 0.7 in the same period of 2019. It even rose to 0.84 during the Spring Festival and the epidemic period, up 38% from 0.61 in the same period of 2019, and even reached 0.9 in some cities during the Spring Festival and the epidemic period.
  We know, PM10With PM2.5It is an inclusion relationship, and the ratio of the two can reflect the source and characteristics of particulate pollution to a certain extent. In more than 300 cities in China, the ratio is between 0.3 and 0.8. Generally speaking, the ratio will be higher in cities with higher level of urban dust management, usually around 0.7, or even up to 0.8. The proportion of cities with low level of urban dust management or affected by sandstorm is relatively low, which can reach about 0.3. Theoretically, it affects PM.2.5/PM10The main factors of the ratio include source composition and meteorological factors. In addition to the influence of meteorological factors such as static weather and high humidity conditions, the particle size distribution law of different source sources is very different. Such as PM in dust emission2.5It only accounts for about 5-10%, and the particulate matter emitted by motor vehicles can be considered as PM.2.5Organized emissions from industrial enterprises are also dominated by fine particles. That is to say, the higher the proportion of fine particles in particulate matter, the lower the proportion of coarse particles, indicating the lower the contribution of dust sources. On the other hand, the source analysis results of some cities show that the contribution rate of dust to PM2.5 in January 2020 is only 5%, which is a quarter of the usual state. Therefore, the recent changes in the characteristics of particulate pollution in Beijing, Tianjin and Hebei show that the sharp reduction of social activities during the Spring Festival and the epidemic has reduced the contribution of dust sources to particulate matter, which has reduced PM.10The concentration has obvious effect, and it also has some influence on reducing the concentration of PM2.5.
  4. Suggestions on dust pollution control
  Compared with other sources of particulate matter, the technical threshold of dust source prevention and control is not high, the cost is low, the effect is quick, and there is still a large controllable space. However, in view of the characteristics of dust sources, it is still difficult to have a set of technical systems such as emission standards, monitoring norms, treatment and evaluation like other source management, so there are still many difficulties in practical work. In practice, there is a common phenomenon that one pipe is effective and it will rebound as soon as it is loosened.
  We believe that management is the core, implementation is the key, infrastructure is the cornerstone and system is the guarantee in dust prevention and control. The first thing is to carry out education and technical training on dust pollution prevention and control for sanitation workers, construction site workers, front-line workers and managers of dust-prone industrial enterprises, so that dust prevention and control will become a spontaneous and conscious behavior of front-line personnel; Second, it is necessary to strengthen the global prevention and control of dust pollution, focusing on the urban-rural fringe, taking the urban built-up area as the standard, implementing urban and rural bare ground greening, and hardening the dirt roads in the urban-rural fringe and rural areas; Third, we should strengthen the whole process control of dust generation, transportation, stacking and unloading, optimize and improve the relevant assessment mechanism, and establish a public supervision mechanism; Fourth, we should establish and improve the index system and normalization evaluation mechanism of dust prevention and control in engineering construction site; Fifth, we must rely on advanced technical means to realize online monitoring and control of dust pollution and realize all-round control of dust pollution.
  China’s air pollution has gone from pollution source management to total amount management to current quality management, and pollution control has gone from single-source management to multi-source management to current multi-source and multi-pollutant collaborative management, so pollution prevention and control has embarked on a comprehensive, refined and scientific road. The same is true for dust prevention and control. We should not only pay attention to those visible construction sites and mounds, but also unswervingly follow the route of comprehensive prevention and control of multiple pollutants, pay attention to all sources that can produce dust, and carry out in-depth and meticulous control on pollution sources such as industry, coal burning and motor vehicles, so as to finally achieve the goal of comprehensive air quality standards.

Analysis of Five Selling Points of vivo X100 Series Quality Flagship All-round Cup

The series really kept everyone waiting for too long. This flagship new machine finally met us in November. Starting from the flagship of the previous generation of vivo X series, vivo put forward the product concept of eliminating small cups. The newly released X100 series is still a full-scale mug, and there are only two models: the large X100 and the oversized X100 Pro. Next, let me show you the highlights of X100 series and decide whether to buy it after reading it.

In terms of design, X100 and X100 Pro are inspired by the sun and the moon respectively. X100 adopts a brand-new moon ring cloud step design, and the right side of the lens module is specially treated, which is the same as the crescent moon. This crescent moon is made of aviation grade stainless steel, which can not only protect the lens, but also has the characteristics of wear resistance and paint retention.

Analysis of Five Selling Points of vivo X100 Series Quality Flagship All-round Cup

X100 Pro is a solar ring cloud design based on the sun, which is inspired by the shining brilliance of the solar ring, and the position and color of the corresponding camera module have also changed. At the same time, X100 series is also very fine in polishing details. Not only is the lens equipped with a 2.5D gem lens, but the module also adopts the sun pattern technology of the same model of Rolex watch, which looks very advanced.

Analysis of Five Selling Points of vivo X100 Series Quality Flagship All-round Cup

In terms of color matching, X100 is the same in all departments, with four colors, namely Sunset Orange, Bai Yueguang, Star Blue and Chenye Black. Among them, Sunset Orange is made of plain leather, which has the advantages of comfortable feel and not easy to be contaminated with fingerprints, and it is a perfect match with X100 Pro’s solar ring cloud step design.

Analysis of Five Selling Points of vivo X100 Series Quality Flagship All-round Cup

X100 series’ moon ring cloud order is more suitable for Bai Yueguang and interstellar blue color matching. Among them, Bai Yueguang is made of glossy glass, while Star Blue is made of star-track micro-nano lithography technology, which looks like a galaxy flashing and has a very high value. The black color matching is an AG matte process, which is very suitable with both designs, and the overall appearance is low-key and restrained.

In terms of core performance, vivo X100 series is the first flagship processor Tianji 9300 released by MediaTek. This chip adopts a full-core design, and the CPU part is composed of four Cortex-X4 supercomputers and four Cortex-A720 supercomputers, with no small cores. Among them, the highest frequency of super-large core can reach 3.25GHz, and its performance can be said to be very powerful.

Analysis of Five Selling Points of vivo X100 Series Quality Flagship All-round Cup

In terms of GPU, Tianqi 9300 has a built-in 12-core Immortalis-G720 graphics processor, which can bring about an overall improvement in performance and energy efficiency. X100 series models equipped with Titianji 9300 chip also brought the launch of the seventh generation AI processor APU790 and the second generation ray tracing engine.

Analysis of Five Selling Points of vivo X100 Series Quality Flagship All-round Cup

It is worth mentioning that the flagship processor of Tianji 9300 was jointly developed by vivo and MediaTek, and the performance, AI, image and battery life of the processor were jointly optimized by the two policies, bringing users a more reliable and smooth computer experience.

Analysis of Five Selling Points of vivo X100 Series Quality Flagship All-round Cup

The performance of Tianji 9300 didn’t disappoint us either, and it formed a three-legged situation with the previously released A17 Pro and the third-generation Snapdragon 8. I believe that in the future, Tianji 9300 will have more room to play, and more and more flagship machine will choose Tianji processor.

Image performance is the strength and killer of vivo X series. This time, vivo X100 brought a 50-megapixel super-sensitive VCS bionic main camera, a 64-megapixel Zeiss super telephoto lens and a 50-megapixel super wide-angle lens, and also equipped with a dToF laser focusing sensor and a self-developed image chip V2.

Analysis of Five Selling Points of vivo X100 Series Quality Flagship All-round Cup

X100 Pro’s imaging ability is stronger. The main camera is IMX989 true one-inch sensor, supplemented by 50-megapixel Zeiss super telephoto lens and 50-megapixel super wide-angle lens. It is also equipped with dToF laser focusing sensor. It can be said that X100 Pro’s hardware crushed friends in the flagship mobile phone with new processor at the end of this year.

Analysis of Five Selling Points of vivo X100 Series Quality Flagship All-round Cup

That’s not all. X100 Pro has also brought us a brand-new self-developed video chip V3. This chip adopts 6nm process, and its energy efficiency is increased by 30% compared with the previous generation. It supports 4K movie-level portrait video, and at the same time, it can optimize the game, and the frame rate can be inserted to 120 frames, which can be said to be very comprehensive.

At the level, vivo continues to cooperate deeply with Zeiss. X100 is equipped with B-Speed blur, a new member of Zeiss lens protection, and also supports five portrait environment points. With Zeiss style and color, X100 continues to consolidate the leading position of mobile portrait photography. Finally, three kinds of personalized watermark photo frames are added in X100, which can be added according to your own preferences.

In terms of system, vivo X100 will be equipped with the newly released OriginOS4. The new system will continue to upgrade the appearance of the system, giving users a higher degree of freedom, and the system settings will be updated with brand-new color icons, which will make the display clearer, the font look more comfortable, and the overall system will look more beautiful and practical.

Analysis of Five Selling Points of vivo X100 Series Quality Flagship All-round Cup

Of course, the key upgrade of OriginOS4 is the big blue heart model. The brand-new blue heart model has three core functions, namely, a large text model built for end testing, a dialogue function developed for natural dialogue, and the ability to cope with extreme scenes.

Analysis of Five Selling Points of vivo X100 Series Quality Flagship All-round Cup

After calling Blue Heart V, you can ask it to help you write a copy, a weekly report, and also help you summarize the key points of an article or paper. You can be a good hand in writing. He can also help you find files or photos in your mobile phone quickly, just like your intimate electronic secretary, and even he can keep chatting and solve your boring time.

Analysis of Five Selling Points of vivo X100 Series Quality Flagship All-round Cup

Generative AI is a very hot topic this year. I believe that everyone has heard or used the ability of AI to improve the efficiency of daily work and life. The convenience provided by Blue Heart V can involve all aspects of life. I believe you will like it if you use it.

In terms of other configurations, the vivo X100 series is also generous. Stereo double lift, full scene NFC, X-axis linear motor, infrared remote control and IP68 protection are all standard. Pro version is more hard-core configuration such as universal signal amplification system, independent -Fi chip, 3-microphone and 6-channel radio system.

Analysis of Five Selling Points of vivo X100 Series Quality Flagship All-round Cup

In terms of endurance, the vivo X100 has a built-in 5000mAh blue ocean battery, which increases the energy density by 8.3% compared with the previous generation and supports 120W dual-core flash charging. It has a built-in 5400mAh blue ocean battery, which supports 100W dual-core flash charging and 50W wireless charging. The X100 weighs about 202g, while the X100 Pro with better configuration is 221g.

Analysis of Five Selling Points of vivo X100 Series Quality Flagship All-round Cup

So, how to choose X100 and X100 Pro? First of all, the configurations of these two mobile phones are quite high. I think that professional players who require high price for taking photos can go to X100 Pro, because they have stronger image performance and battery life, and are more hardcore. X100 can meet all the needs of taking photos in our daily life, and is suitable for friends who are looking for cost performance and thinness.

At present, vivo X100 series mobile phones have been put on the platform of JD.COM, and now you can enjoy multiple preferential gifts when you participate in pre-order activities. Interested friends can click on the link below the article to learn more and participate in the activities.

The company is suspected of huge fraud! Securities and futures commission strikes hard.

After Henan Xinye Textile Co., Ltd. (hereinafter referred to as "*ST Xinfang" or "Xinye Textile") was put on file by the Securities and Futures Commission on March 21st, the regulatory authorities dealt with it strictly and promptly. In just over a month, the case quickly ushered in new progress.

*ST Xinfang announced on the evening of April 28th that the company received the Notice of Administrative Punishment in advance (hereinafter referred to as the Notice) on the same day, and the company was suspected of inflating, inflating operating income, inflating operating costs, inflating inventory and inflating R&D expenses, resulting in false records in the annual report from 2016 to 2022, and it was planned to be fined 42.5 million yuan. Wei Xuezhu, then chairman of the company, and Xu Qinzhi, then director, deputy general manager, then chief financial officer and secretary of the board of directors, were proposed to be banned from the securities market.

On the same day, the company issued an announcement about the delisting risk warning of the company’s shares being superimposed. The above matters may touch the situation of major illegal forced delisting, and the company’s shares may be subject to major illegal forced delisting. The company’s shares will be superimposed to implement delisting risk warning from April 29, and the company’s shares do not need to be suspended.

Market participants believe that the regulatory authorities intend to punish *ST Xinfang severely and quickly, which means that the concept of strict supervision and strict management is being effectively implemented in regulatory enforcement actions, releasing a heavy signal of cracking down on financial fraud. With the continuous improvement of the level of supervision, strict supervision and management will make the offenders who tell lies, make false accounts and hide the truth "both human and financial" and make the counterfeiters "unable to escape".

Suspected of financial fraud for 7 consecutive years

According to the Notice, Xinye Textile is suspected of inflating and deflating its operating income, inflating its operating costs, inflating its inventory and inflating its research and development expenses, resulting in false records in its annual report from 2016 to 2022.

Among them, in 2016, Xinye Textile inflated its operating income by 327,573,820.56 yuan, reduced its operating cost by 176,566,869.05 yuan, inflated its research and development expenses by 145,689,276.86 yuan, and inflated its total profit by 358,451,412.75 yuan, accounting for the total profit disclosed to the public in the current period.

In 2017, Xinye Textile inflated its operating income by 415,186,873.41 yuan, reduced its operating costs by 113,588,173.09 yuan, inflated its R&D expenses by 161,430,520.00 yuan, and inflated its total profit by 367,344,526.50 yuan, accounting for 115.5% of the total profit disclosed to the public in the current period.

In 2018, Xinye Textile inflated its operating income by 791,260,794.64 yuan, inflated its operating costs by 324,203,622.72 yuan, inflated its R&D expenses by 182,711,331.72 yuan, and inflated its total profit by 284,345,840.20 yuan, accounting for 65.77% of the total publicly disclosed profits in the current period.

In 2019, Xinye Textile inflated its operating income by 1,214,828,839.70 yuan, inflated its operating costs by 447,174,451.37 yuan, inflated its research and development expenses by 184,918,136.28 yuan, and inflated its total profit by 582,736,252.05 yuan, accounting for the total profit disclosed to the public in the current period.

In 2020, Xinye Textile inflated its operating income by 1,033,879,498.96 yuan, inflated its operating costs by 486,224,705.51 yuan, inflated its research and development expenses by 156,715,336.95 yuan, and inflated its total profit by 390,939,456.50 yuan, accounting for the total profit disclosed to the public in the current period.

In 2021, Xinye Textile inflated its operating income by 666,637,035.70 yuan, inflated its operating costs by 92,364,075.25 yuan, inflated its R&D expenses by 163,025,099.78 yuan, and inflated its total profits by 411,247,860.67 yuan, accounting for 1,013% of the total publicly disclosed profits in the current period.

In 2022, Xinye Textile inflated its operating income by 1,258,233,157.95 yuan, inflated its operating costs by 1,919,295,821.13 yuan, inflated its R&D expenses by 101,186,735.00 yuan, and inflated its total profit by 762,249,398.18 yuan, accounting for the current period.

The CSRC believes that the above-mentioned behavior of Xinye Textile is suspected of violating the provisions of Article 63 of the Securities Law of People’s Republic of China (PRC) revised in 2005 (hereinafter referred to as the Securities Law of 2005) and the second paragraph of Article 78 of the Securities Law of People’s Republic of China (PRC) revised in 2019 (hereinafter referred to as the Securities Law), which constitutes the first paragraph of Article 193 of the Securities Law of 2005 and Article 100 of the Securities Law.

The proposed fine is 42.5 million yuan.

According to the facts, nature, circumstances and social harm of the illegal acts of the parties concerned, combined with the special circumstances that the illegal acts span the application of the old and new Securities Law, and according to the provisions of the second paragraph of Article 197 of the Securities Law, the CSRC intends to impose a fine of 42.5 million yuan on the company and related responsible persons.

Among them, it is planned to order Xinye Textile to make corrections, give a warning and impose a fine of 10 million yuan;

It is proposed to give a warning to Wei Xuezhu and impose a fine of 5 million yuan;

It is proposed to give Xu Qinzhi a warning and impose a fine of 4 million yuan;

And impose corresponding penalties on other parties.

Image source: company announcement

Strict supervision and management, and heavy punches are also reflected in the precise attack on the "key minority." According to the Advance Notice of Administrative Punishment and Market Prohibition, Wei Xuezhu was then the chairman of Xinye Textile, and organized and planned the illegal information disclosure involving a long time and huge amount, which seriously disrupted the order of the securities market. According to the relevant regulations, the CSRC intends to decide to ban Wei Xuezhu from the securities market for life.

As director, deputy general manager, then chief financial officer and secretary of the board of directors of Xinye Textile, Xu Qinzhi organized and implemented financial fraud according to Wei Xuezhu’s instructions, and the circumstances were serious. According to the relevant regulations, the CSRC intends to decide to ban Xu Qinzhi from the securities market for 10 years.

Financial fraud touches the bottom line of the capital market and must be resolutely cracked down. Recently, the CSRC has repeatedly stressed that it will continue to strengthen the supervision of listed companies, crack down on financial fraud, illegal occupation and other illegal acts, and effectively protect the legitimate rights and interests of investors.

The responsible comrades of the relevant departments of the CSRC said that in the next step, the CSRC will strengthen joint efforts with various regions and departments to build a comprehensive punishment and prevention system to combat financial fraud, focusing on cracking down on five types of behaviors. First, long-term systematic fraud and third-party cooperation fraud, for the planners and helpers of fraud, we must seriously pursue responsibility and resolutely break the "ecological circle" of fraud. The second is the fraudulent issuance of stocks and bonds. We must resolutely keep counterfeiters out of the capital market and resolutely remove those who have mixed in. The third is the financial "bathing" behavior of abusing accounting policies and accounting estimates and adjusting profits at will. The fourth is the act of counterfeiting through financing trade, "idling" and "taking orders". Fifth, a series of fraudulent acts accompanied in the process of encroaching on the interests of listed companies and hollowing out listed companies.

Facing multiple delisting risks

It is noteworthy that the company also faces multiple delisting risks.

On the evening of April 28th, the company issued an announcement about the delisting risk warning of the company’s shares being superimposed, and the company received the Notice on the same day. According to the "Notice", it is found that Xinye Textile has illegal facts such as inflated business income, inflated business cost, inflated inventory, inflated research and development expenses, inflated profits and so on. The aforementioned matters may touch on the situation of forced delisting due to major violations of laws, and the company’s shares may be forced to be delisted due to major violations of laws. At present, the company is verifying the illegal facts and financial data of the Notice, and the final result is subject to the formal decision. The company will continue to pay attention to and disclose relevant information in time after receiving the formal punishment decision.

There are other risks of termination of listing in the company’s stock. On the evening of April 28th, the company announced that the matters that caused the company’s 2022 financial report to be unable to express opinions by audit institutions included: correction of accounting errors in the previous period, major defects in internal control of financial reports, and major uncertainties related to going concern. The company’s 2023 annual financial report is intended to be issued by the audit institution with non-standard opinions, thus touching the delisting situation.

At the same time, according to the relevant regulations, listed companies that only issue A shares in Shenzhen Stock Exchange will be terminated if the daily closing price of their shares is lower than that of 1 yuan for 20 consecutive trading days. As of the disclosure date of this announcement, the closing price of the company’s shares has been lower than that of 1 yuan for 18 consecutive trading days. If the closing price of the company’s shares is lower than that of 1 yuan for 20 consecutive trading days, the company’s shares will be terminated from listing, and investors will be reminded to pay attention to investment risks.

Up to now, the company has not disclosed the 2023 annual report. According to the suggestive announcement issued by the company on April 26 on delaying the disclosure of the 2023 annual report, the 2023 annual report of the company postponed the disclosure date to April 30. According to the company’s announcement on April 28th, the company’s 2023 annual financial report is intended to be audited by an audit institution with non-standard opinions, thus touching the delisting situation. From this calculation, the company may first touch the financial delisting index.

"The above-mentioned cases have released the heavy signal that the CSRC insists on cracking down on financial fraud. Through this case, we find that securities supervision and law enforcement is by no means a "three cups of fines", let alone a "break the money to avoid disaster" and get rid of it once. It will help to rebuild a good market ecology by attacking counterfeiters who try their own laws and hitting "don’t dare to do it again", which will make them learn a lesson and remember for a long time, especially for vicious illegal acts such as financial fraud. Lv Chenglong, an associate professor at Shenzhen University Law School, thinks.

Lv Chenglong also said that at present, with the start of a new round of delisting reform, the number of "delisting contacts" for financial fraud has increased. Among them, the revision of the delisting rules proposes to strictly apply the scope of major illegal delisting, lower the threshold for two years of financial fraud to trigger major illegal delisting, and add one year of serious fraud and years of continuous fraud delisting. "In the future, these measures will help build a safe, standardized, transparent, open, dynamic and resilient capital market." Lv Chenglong said.

The central bank canceled the "reserve subsidy" and the free meal for credit card repayment shrank.

  The feast of free credit card repayment is gradually shrinking. After the full payment of credit card repayment by WeChat, Alipay will also cancel the policy of free credit card repayment. Yesterday, Weibo, the official Alipay, issued an announcement on "Adjustment of Alipay Credit Card Repayment Service Rules". According to the announcement, starting from March 26, 2019, when individual users use the "credit card repayment" function of Alipay client, Alipay will charge 0.1% service fee for the part exceeding the free quota of 2,000 yuan.

  Alipay will charge more than 2,000 yuan for credit card repayment.

  Alipay said that this adjustment is due to the rising comprehensive operating cost of credit card repayment service, and struggling to support it is not conducive to sustainable development, but charging means that higher service standards are needed and users will be rewarded with more and better services.

  After the new regulations come into effect, how to charge? If the user pays back less than 2000 yuan, it is still free. Only the excess will be charged with a service charge of 0.1%. Taking 3,000 yuan as an example, if the free quota of 2,000 yuan is deducted, the service fee that users need to pay is 1,000× 0.1% = 1 yuan.

  Alipay’s rules for adjusting credit card repayment are not the first in the industry, and WeChat has taken the lead in ending the benefits of free credit repayment.

  Since December 2017, WeChat has officially started to charge users for credit card repayment business, charging 0.1% (minimum 0.1 yuan) for the part that the accumulated repayment amount exceeds 5,000 yuan per natural month, and the part that does not exceed 5,000 yuan is still free. In August 2018, the amount of 5,000 yuan free of charge was officially cancelled.

  From August 1st last year, except for Platinum and Gold members of WeChat Licaitong and users who have been transferred to 500 yuan or above for the fixed investment plan, other users will be charged a handling fee of 0.1% of the repayment amount through WeChat, and no free quota will be set.

  The charging ratio of Alipay is the same as that of WeChat, which is 0.1%. However, Alipay has set a free quota of 2,000 yuan for each user, and only charges 0.1% for the excess. Therefore, Alipay will save 2 yuan service fees over 2,000 yuan, no matter how much it pays back.

  The bank charges the third party a passage fee.

  When WeChat cancelled the charges at that time, it also explained that there would be a payment channel fee behind each repayment. In order to enable users to enjoy some free product experiences, Tencent Tenpay has been subsidizing the fees.

  Industry insiders told reporters that Alipay and WeChat started charging in order to balance costs and sustainable development. Because banks have to charge channel fees to third-party institutions. Even if they charge one thousandth of the handling fee now, they still have to subsidize about five thousandths of the handling fee.

  These costs have always been there. Why can’t we bear them now? Some insiders believe that the reform of "centralized deposit and management of payment institutions’ reserves" ended in January this year is likely to be one of the important influencing factors.

  The "reserve subsidy" is gone

  The so-called "reserve fund" refers to the monetary funds actually received by the payment institution to handle the payment business entrusted by customers. This fund has expanded with the expansion of the number of customers and payment business, and has generated huge capital gains in the precipitation period. In the past, the central bank stipulated that the interest on customers’ reserves belonged to third-party payment companies. Therefore, the interest income from customers’ reserves has been a major source of income for many payment institutions. However, some small and medium-sized payment institutions can’t resist the temptation, and boldly misappropriate and occupy customers’ reserve funds, causing many risk events.

  So the central bank changed its policy. According to the current policy, all third-party payment institutions, including Alipay and Tenpay, should cancel the RMB customer reserve account before January 14th this year. The reserve funds of payment institutions will be taken over by the central bank, and interest will not be paid temporarily. In the past, the payment institution could use this part of interest to subsidize the handling fee cost, but now it is gone.

  Tencent’s interim report in 2018 shows that due to the requirement of centralized deposit ratio of reserve funds, the overnight cash balance that payment service providers can obtain interest income has decreased, which continues to adversely affect Tencent’s payment service income and gross profit margin to a greater extent.

  Another adverse effect brought by the new rules of reserve fund is to reduce the bargaining power of cooperation with banks. Some insiders said that before the payment institution chose the reserve deposit bank, the bargaining power was very strong. In order to strive for deposits from payment institutions, banks will give a large margin of profit in channel fees. Now that the reserve funds are uniformly collected, payment institutions can no longer contribute deposits to banks, and banks have no reason to make profits. The channel rate is likely to rise, and the cost pressure of payment institutions will inevitably increase.

  Free advice

  1. There are still tricks for free repayment of WeChat Alipay.

  If the user is used to Alipay or WeChat repayment, and the repayment amount is more than 2,000 yuan, is there any way? Alipay suggests that you can redeem more free credits through Alipay membership points, or ask family members who still have free credits to help complete the repayment.

  According to the regulations of WeChat, there are three types of customers who can continue to enjoy full credit card repayment free of charge, namely, Tencent Licaitong Platinum, Gold members and users who have been transferred to 500 yuan or above by the "Love Investment Plan".

  The membership level is divided according to the financial value. The financial value of platinum and gold members is 500,000 and 100,000 respectively, which can be improved by immediately increasing total assets and doing tasks. In contrast, it is more cost-effective to transfer to 500 yuan for fixed investment every month, and you can also enjoy the benefits of free credit card repayment.

  2. UnionPay bank can pay back the credit card for free.

  Of course, you can continue to enjoy the lunch with free credit card repayment in UnionPay and banks.

  For credit card users, the most worry-free way is to bind the debit card accounts of peers and set up automatic repayment. Even if automatic repayment is not selected, all channels of repayment by the issuing bank are free.

  Some cardholders don’t have debit cards from credit card issuers, and they use other banks’ online banking or mobile banking to make cross-bank repayments. Many banks don’t charge fees. For example, the two major apps of China Merchants Bank, including China Merchants Bank APP and Pocket Life APP, also support free credit card repayment, and also support inter-bank repayment.

  It is understood that credit card repayment and transfer through China Unionpay Quick Pass, the official APP of China UnionPay, are also free. In addition, 66 banks, including Agricultural Bank of China, Bank of China, China Construction Bank, Postal Savings, China Everbright, CITIC, Pudong Development Bank, Minsheng, Huaxia, Ping An, Guangfa, Xingye, Bank of Beijing and Bank of Shanghai, have launched credit card bill inquiry services in China Unionpay Quick Pass. "China Unionpay Quick Pass" also has many functions, such as credit card benefit inquiry, card application service, mobile phone flash payment opening and so on, where users can enjoy convenient, fast, labor-saving and worry-free credit card service.

  3. Du Xiaoman and Jingdong Finance can repay for free.

  At present, among the three platforms of BAT, only Xiaoman Finance still provides credit card free repayment service. Users can download Xiaoman Financial APP, and you can see the credit card repayment function on the homepage. You can also download Xiaoman Financial’s credit service APP "Money Spend", and you can easily perform credit card repayment operation in the "Discovery" column. At present, Du Xiaoman Finance supports the credit card repayment of 28 banks, covering prime bank, and it usually takes 30 minutes to get the account.

  Jingdong financial APP can also repay credit cards for free. At present, JD Finance supports users to repay credit cards from 29 banks including Industry, Agriculture, China, Construction, Communications, China Merchants Bank and CITIC, which usually arrive within 30 minutes.

  Text/reporter Cheng Wei

  Photo courtesy/vision china