分类： zudao

　　Cctv news(Focus Interview): It’s the annual "March 15th" International Consumer Rights Day again. In recent years, online consumption has accounted for an increasing proportion of people’s consumption. Since 2013, China has become the world’s largest online retail market for many years. However, with the rapid development of platform economy, there are more and more disputes about online consumption. In this year’s two sessions, the Supreme People’s Court mentioned in his work report that a judicial interpretation of online consumption was issued to regulate live delivery and take-away catering, so that online shopping can be bought and used with peace of mind. This judicial interpretation came into effect on March 15th.

　　In online shopping, the merchant promises to pay 10 or even 100 for a fake. What if the other party refuses to pay compensation according to the promise after a dispute occurs? If you buy clothes, can you really not return them if the merchants clearly indicate that they don’t support returning them? Online live shopping, compensation, I don’t know who to look for, how to judge? Have you encountered these troubles in online shopping? Starting today, online shopping consumers have taken another reassurance, and the Provisions of the Supreme People’s Court on Several Issues Concerning the Application of Laws in the Trial of Internet Consumption Disputes (I) has been formally implemented.

　　Liu Junhai, a professor at the Law School of Renmin University of China, said: "There are 20 judicial interpretations of online consumption. Although there are not many words, they are concise and touch on the pain points, difficulties, hotspots and doubts in our online consumption. It should be said that this judicial interpretation of online consumption is very grounded and beneficial to people’s livelihood."

　　Then, what are the "pain points, difficulties, hot spots and doubts" touched by this judicial interpretation? Actually, it’s right next to you and me.

　　In recent years, online consumption has become more and more mainstream in mass consumption. By June 2021, there were 812 million online shopping users in China, accounting for 80.3% of the total number of netizens. At the same time, the infringement of online shopping consumers’ rights and interests has become more and more prominent, and the number of online consumption dispute cases has increased significantly. In the face of these new changes, the previous related laws also encountered some new problems that were difficult to solve in practice. Therefore, this judicial interpretation was introduced at the right time. Then, how will this judicial interpretation help us safeguard our legitimate rights and interests?

　　Highlight 1: Clarify the main responsibilities of all parties selling goods in live webcasts.

　　Consumer Mr. Wang bought a diet candy highly recommended by anchor online celebrity on a well-known live broadcast platform. After eating it several times, he suffered from severe diarrhea. After testing, this online celebrity diet candy contained "sibutramine" which was banned by the state. After the intervention of relevant departments, it was found that it was not easy to find the source of products.

　　Ying Jiande, deputy head of the comprehensive administrative law enforcement team of Taizhou City, Zhejiang Province, said: "Online sales are difficult to be detected by supervision. It is found in one area, but they are sold through the Internet nationwide, and its packaging is easy to change. When you find out that this product is illegal, it may have changed a packaging, so you can’t check it."

　　It is not uncommon to find that there is something wrong with the product you bought, but you don’t know who to look for and no one to take charge of it. In recent years, the development of webcasting with goods is very rapid. Because its marketing model is intuitive and interactive, it is favored by many consumers. While we get convenience and fun, we also find that there are many chaos behind it.

　　In recent years, the number of complaints about online consumption has declined as a whole, but the complaints about live webcasting have risen instead of falling, and the problems in live webcasting need to be solved urgently.

　　Among the 20 judicial interpretations issued this time, 7 are related to live webcasting. These seven provisions point to a common direction, that is, to clarify the main body of responsibility of all parties and their respective responsibilities.

　　Compared with other marketing methods, webcasting involves many subjects and complicated links, and it is easy for all parties to pass the buck when problems arise. In view of this situation, this judicial interpretation clearly expounds the responsibilities of the operators in the platform, the operators in the live broadcast room and the online live broadcast marketing platform according to the different situations in which consumers’ rights and interests are infringed.

　　Liu Min, vice president of the Supreme People’s Court No.1 People’s Court, said: "For the operator, if his staff members make false propaganda and cause damage to consumers’ rights and interests during the live webcast, we say it is his duty behavior, and as the operator, he should bear the responsibility of the seller. Regarding the responsibility of the operator of the live broadcast room, the judicial interpretation stipulates under what circumstances it is the responsibility of the operator of the live broadcast room. "

　　In a case similar to that of Mr. Wang, the platform often claims to be the behavior of the live broadcast room, which has nothing to do with itself. For this kind of pot-throwing behavior of the platform, the judicial interpretation clarifies the responsibility of the platform with three provisions: if the webcast platform cannot provide the real name, name, address and effective contact information of the live broadcast operator, consumers can request compensation from the platform. If the platform does not review the food business qualification of the webcast room, it will bear joint and several liability when the legitimate rights and interests of consumers are damaged. If the platform knows or should know that the goods sold in the webcast room do not meet the requirements of protecting personal and property safety, or there are other acts that infringe upon the legitimate rights and interests of consumers, it shall bear joint and several liability if it fails to take necessary measures.

　　Liu Junhai, a professor at the Law School of Renmin University of China, said: "The operators of the live broadcast rooms in the platform are selected by the platform, and they must be at least qualified to make a reasonable audit and appraisal of their products and models. However, deliberately indulging, turning a blind eye and closing one eye, many live broadcast operators are small enterprises, shooting a shot for a place, grasping the platform, and consumers’ rights protection will be fundamentally grasped. "

　　Highlight 2: Clarify the invalid format terms of online shopping.

　　"Our store reserves the final right to interpret the above terms" and "This product does not support return". How do you feel when you see the statement made by the store online? Consumers can only silently accept or walk away.

　　This overlord clause is one of the standard clauses. The so-called format clauses are generally contracts drawn up by the dominant party alone. Without consultation with the other party, the other party can only choose to accept or not. In online consumption, format clauses are generally formulated unilaterally by operators, who often give themselves more rights and make consumers assume more obligations. Although consumers are generally dissatisfied with the overlord clause, few people pay attention to what format clauses merchants have when they actually buy online.

　　Regarding the overlord clause, there are relevant provisions in the Civil Code and the Consumer Protection Law, but it is not clear enough, so there are still some problems that are difficult to solve in practical application.

　　Jian Chen, director of the Complaints Department of the China Consumers Association, said: "Consumers are not all legal experts. In fact, consumers often pay attention to the issue of format clauses when there is a dispute, so they are often reflected in complaints, but once they enter a dispute situation, the existence of format clauses becomes an important content that hinders consumers’ rights protection."

　　In the judicial interpretation issued this time, the first article points out that five format clauses that are not conducive to consumers are considered invalid. These five terms are familiar to almost everyone. For example, the consignee’s receipt of the goods is regarded as recognition that the quality of the goods conforms to the agreement, and the e-commerce operator has the right to interpret unilaterally or finally. Starting from today, even if such terms are clearly marked by merchants, they cannot hinder consumers from legally safeguarding their rights.

　　Highlight 3: Improve the takeaway catering platform and the operator’s responsibility.

　　The younger brother of Mr. Qi, a consumer, had obvious discomfort after drinking milk tea bought on a take-away platform. When Mr. Qi decided to complain about rights protection, he found that this tea shop could not be searched on the takeaway platform. After investigation, the local Consumer Council found that the tea shop had been renamed, but on the page of this takeaway platform, the Consumer Council failed to find the qualifications such as business license and food business license that merchants should publicize. After investigation, this store does not have the qualification to manufacture and sell drinks.

　　In online catering, there are not a few shops like this tea shop that operate beyond the scope and still sell on the platform without any qualifications. You can deliver food to your door immediately without leaving home and placing an order with one button. This service method brings convenience to consumers, but at the same time, because of its virtual and cross-regional characteristics, it also makes consumers face various risks and hidden dangers.

　　In Jiangsu, a courier brother reported the restaurant because it was filthy. These shops that even the third party could not stand it were always able to open safely under the supervision of the online catering platform. Whether online catering can be operated in good faith has aroused great concern of the whole society. In order to protect consumers’ health and maintain food safety, this judicial interpretation clearly stipulates the platform’s audit obligation and operator’s responsibility.

　　Liu Min said: "As a consumer, it is difficult for him to judge whether the operators have food processing qualifications and whether they meet the requirements of our food supervision. In this case, it is more about the responsibility of the platform. In addition to administrative supervision, it is allowed to come in and operate, and the qualifications should be relatively reviewed. If problems are found, the report of this report, if the responsibility is not fulfilled, should increase the accountability and force the platform to perform its responsibilities. If the operator entrusts others to process food, then in this case, it cannot be excused on the grounds that the food is processed by others. "

　　Highlight 4: Improve the seven-day unreasonable return system.

　　When online shopping products are not satisfied and want to return them, many people will find that it is not so smooth. In online shopping, consumers can’t see the real situation of goods on the spot. Therefore, the Consumer Protection Law stipulates that online shopping goods can be returned for seven days without reason, which gives consumers the right to go back on their word.

　　Although the Consumer Protection Law has been implemented for many years, in practice, the problem of difficult return is still widespread. Now, the judicial interpretation has made more detailed and specific provisions, further clarifying that those who meet the conditions for returning goods must return goods without reason.

　　Liu Min said: "The judicial interpretation specifically stipulates that even if it is opened, it is necessary to open it based on whether the goods are qualified or not, and this kind of opening still needs to be returned. If the seller said that when selling, this law has stipulated that there is no reason to return the goods for seven days, and it has also made a promise that it can be returned for seven days without reason, and the return has to be returned. "

　　In addition, the judicial interpretation issued this time also clearly stipulates some other problems that need to be solved urgently in practice, such as off-platform payment, brushing, brushing traffic, prizes, gifts, redemption of goods, and promises higher than legal compensation. These regulations are specific and targeted, which can directly and effectively solve the problem.

　　The development of network economy is changing with each passing day, and new models and patterns are constantly emerging. Therefore, the formulation of laws should not only be based on the status quo, but also focus on the future, leaving enough exploration and practice space for market innovation.

　　Liu Min said: "At present, the first judicial interpretation is mainly based on the most common problems in practice, and it is also an urgent problem to be solved. Then we have made such a provision, and there are still many problems in the follow-up, and there will be new problems with the development of the industry. Exposure, so our current work plan is also based on steps."

　　Network consumption and platform economy are related to thousands of households. On March 15th last year, General Secretary of the Supreme Leader pointed out at the ninth meeting of the Central Financial and Economic Committee that it is necessary to improve the rules and regulations, speed up the improvement of laws and regulations on platform economy, make up the gaps and loopholes in rules in time, and promote the healthy and sustainable development of platform economy. To develop the platform economy, we should use it well and manage it well. In addition to the "online" system, the supervision should also be "online", the protection of consumers’ rights and interests should be strengthened, and the platform and businesses should be urged to operate legally and in compliance, so that we can have a safe, convenient and healthy online consumer market and the platform economy can develop healthily and continuously.

　　Cctv newsFor six defendants, including Zhang Wuya and Lu Shilong, who organized cheating in the 2017 MBA postgraduate examination, the court has sentenced them to fixed-term imprisonment ranging from 4 years to 1 year and 8 months respectively, and imposed fines. Then what are the electronic devices they used to cheat in the examination? What kind of "black industrial chain" is hidden behind it?

Cheating tool

　　This khaki square looks like an eraser at first glance, but when the reporter turns it around, he will find that it is a display with an LCD screen. Such a lady scarf, if not deliberately displayed by the reporter, you would never have found that it had an LCD embedded in it, and these are the answer receivers used by criminal gangs such as Zhang Wuyou and Lv Shilong to organize candidates to cheat.

　　In the court, the reporter also saw the earphone used by Zhang Wuya and other defendants to organize candidates to cheat. It was about the same size as soy beans. After trying to put it in the ear, the reporter found that even if there was no hair cover, it was difficult for outsiders to detect it.

　　Judge Cao Xiaoying, who is in charge of hearing the case, told the reporter that the contact earphone and the display disguised as rubber and scarf are a complete set of cheating equipment. The earphone can listen to the answers, and if the cheating candidates don’t hear clearly, the display can also be viewed.

　　Cheating in exams is organized into groups to form interest chains.

　　In interviews with many cheating cases in organizational examinations, the reporter found that at present, cheating in examinations has shown a trend of gangs and specialization. The division of labor among members of criminal gangs is clear, and the illegal income of crimes is also divided according to prior agreement and proportion.

　　According to the judge, at present, organizing cheating in exams has shown a trend of gangs and specialization. They generally rely on education and training institutions, and some are full-time responsible for purchasing cheating equipment and organizing cheating in exams; Some are full-time responsible for online recruitment of cheating candidates and offline training; Some are responsible for stealing test questions and recruiting gunmen to provide answers. For example, in this postgraduate exam cheating case tried by Haidian Court, the defendant Zhang Wuya, as the principal offender, is the organizer of the whole exam cheating case, and he is responsible for purchasing cheating equipment; Defendants Zhang Zongqun and Zhang Xiayang are his direct downline, and Lv Shilong is Zhang Xiayang’s downline. The three of them are responsible for recruiting cheating candidates, distributing cheating devices purchased by Zhang Wuyou to students, and organizing training for students to use.

　　While the gang committed crimes and the division of labor was clear, the interests were also divided at different levels. Zhang Wuyou charged Zhang Zongqun and Zhang Xiayang 20,000 yuan for each candidate, 10,000 yuan in advance and 10,000 yuan after passing. The fees charged by Zhang Zongqun and Lu Shilong to cheating students range from 30,000 yuan to 45,000 yuan.

　　At the beginning of this year, in the case of cheating in the qualification examination for primary and secondary school teachers tried by Fangshan court in Beijing, the criminal chain was more clear. Three defendants were specifically responsible for stealing test questions from the examination room, two of whom pretended to sign up for the examination, one sneaked the test papers from the examination room, and one hid in the toilet to meet them. The cost was 7,000 yuan. The equipment for sneak shots of test papers is these two mobile phones with specially modified cameras.

　　Cheating in exams, dishonesty, illegal crimes must be investigated.

　　Cheating in exams is a serious dishonest behavior, which directly undermines the fairness and justice of national exams. Such behavior is not only a violation of discipline and law, but also a criminal offence.

　　One of Article 284th of China’s Criminal Law stipulates: whoever cheats in the national examination prescribed by law shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

　　Whoever provides cheating equipment for others to commit the crime mentioned in the preceding paragraph and illegally sells or provides examination questions and answers to others shall be punished in accordance with the provisions of the first paragraph.

　　Those who replace others or let others take the national examinations prescribed by law instead of themselves shall be sentenced to criminal detention or public surveillance and shall also or only be fined.

　　The judge specially emphasized that cheating in organizing exams is a crime, and it also constitutes a crime to take the national exam instead of others. According to statistics, since 2016, the courts in Beijing have concluded more than 30 cases of taking exams instead of others, mainly focusing on the national postgraduate entrance examination, the national adult college entrance examination, the motor vehicle driver examination and other types of exams. All the candidates were sentenced to criminal detention ranging from four months to one month and fined.

　　The judge explained that what constitutes the crime of cheating in the exam must be the national exam prescribed by law.

　　In addition to being suspected of constituting a crime and being investigated for criminal responsibility, cheating in the exam will also be given administrative punishment. For example, according to the provisions of the Measures for Handling Violations in National Education Examinations issued by the Ministry of Education, the first punishment for cheating in the exam is that the score of the subject is invalid; Seriously, the results of all stages and subjects that they signed up for the exam are invalid. Cheating by using relevant equipment to receive information; If someone else takes the exam instead of or in place of the candidates, such as the college entrance examination, it may be suspended for one to three years; If the circumstances are particularly serious, they may be suspended from participating in various national education examinations for one to three years.

The latest monitoring results of China CDC show that acute respiratory infectious diseases in China are on the rise, mycoplasma virus and syncytial virus are still at a high level, and influenza has also entered a seasonal epidemic period, and the positive rate has increased significantly, but it is still lower than the same period last year. November to March every year is the high-incidence season of influenza in northern China. This year, the high-incidence period in Beijing came late, and it began to enter the epidemic season in December. The main strain in this epidemic is influenza A H1N1.

When the weather just turned cold, there were more mycoplasma infections. With the flu season, especially after December, the number of flu cases increased significantly. At present, the main popular respiratory diseases include influenza, mycoplasma, chlamydia, rhinovirus, syncytial virus, human metapneumovirus, etc. These diseases have the possibility of cross-infection. A person may be infected with multiple respiratory diseases at the same time, because after getting the flu or mycoplasma, the protective ability of the respiratory tract will decrease, and it is easy to have superimposed infections.

At present, only influenza has vaccine. It is suggested that the elderly, infants, pregnant women, patients with basic diseases, obese people and other people with low immunity should be vaccinated with influenza vaccine to reduce the risk of serious illness and complications. Recently, some citizens reported dizziness after being infected with the flu, but the relevant departments said that no new strains of respiratory infectious diseases had been found. Different individuals have different symptoms of respiratory virus infection, such as dizziness, headache, fatigue and muscle soreness, which are the self-protection mechanisms of the immune system after recognizing the virus.

Antiviral drugs for influenza have the best effect within 48 hours after symptoms appear, which can shorten the course of disease and reduce the risk of severe illness. You can always keep antipyretic and analgesic drugs at home, but you need to follow the doctor’s advice to avoid repeated medication. If the patient has persistent high fever, severe cough, breathlessness, listlessness and other symptoms, or still does not improve after 5 days of onset, he should seek medical advice in time.

In recent cases aged 14 and below, human metapneumovirus infection showed a fluctuating upward trend. This virus can cause acute respiratory infection, the main symptoms include fever, cough, runny nose, etc., and the incubation period is usually 3 to 6 days. At present, there are no vaccines and specific drugs, and most of the treatment measures are symptomatic support treatment. Human metapneumovirus is more common in autumn and winter, and it is less likely to cause severe illness. Preventive measures include washing hands frequently, wearing masks, and avoiding crowded places or closed spaces.

Different respiratory diseases have different infection symptoms. After the onset of influenza, there will be respiratory symptoms such as fever, sore throat and cough, as well as systemic symptoms. The course of the disease is usually 5 to 7 days. Mycoplasma infection is mainly caused by cough, and the fever is not obvious or low-grade, and the course of disease is long, which can last for more than one month in severe cases. After syncytial virus and rhinovirus infection, the main symptoms are cough, sneezing, stuffy nose, fever and sore throat, and the symptoms generally improve after one week. The severity of these diseases is different between adults and children. Adults often suffer from influenza more seriously than mycoplasma, while children are more likely to develop severe mycoplasma infection.

Recently, Sun Honglei, a film actor, revealed the reasons for breaking up with Ding Jiali, shattering rumors and speculations for many years. It turns out that all this is a conspiracy planned by Venus. Venus, as a well-known variety star, is deeply loved by the audience for its humorous image. However, in the breakup between Sun Honglei and Ding Jiali, Venus played a completely different role. It turns out that Venus reached a secret agreement with Sun Honglei as early as the early days of their relationship. He agreed to help Sun Honglei make a quick appearance in the entertainment circle, but only if Sun Honglei broke up with Ding Jiali. Venus’s intention is far-reaching, because as we all know, Venus has always had a strong interest in actors in the entertainment circle. Ding Jiali, as an actress with superb acting skills and outstanding face value, is undoubtedly Venus’ biggest competitor. Therefore, Venus decided to use its influence to eliminate this potential competitive threat. Sun Honglei had to accept the deal and devoted himself to his career. He played some controversial roles and made his mark through various channels, all thanks to the promotion and support of Venus.

In this transaction, both Sun Honglei and Ding Jiali became pawns of Venus. However, employees in domestic entertainment circles are also deceived by the lies cleverly planned and spread by Venus. It is generally believed that Sun Honglei made his mark because of his personal efforts, while Ding Jiali left because of their incompatible personalities. But the truth is hard to hide. When Sun Honglei revealed the truth, the whole entertainment circle fell into chaos. The audience expressed their support and sympathy for Sun Honglei and Ding Jiali, and expressed their anger and disappointment at Venus’ behavior. This incident not only reveals the dark side of the entertainment circle, but also forces people to rethink what fame and fortune mean to a person. Now, Sun Honglei and Ding Jiali are gradually coming out of the shadows. Sun Honglei regained the audience’s love, and Ding Jiali was praised for his excellent acting skills. After this scandal, Venus’s reputation suffered heavy losses, and the media’s evaluation of him also changed greatly. Venus suddenly became a "liar" who was highly praised by many people, and his behavior aroused widespread concern in society. Nowadays, the storm in the entertainment circle has gradually subsided, but this incident has made people think deeply: how difficult it is to choose between love and fame and fortune in the hot entertainment circle. We need to be rational

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　　Cctv newsOn March 23, the National Internet Information Office promulgated the Provisions on Administrative Law Enforcement Procedures of Internet Information Departments (hereinafter referred to as the Provisions), which will take effect on June 1, 2023. The details are as follows:

　　

Order of the State Internet Information Office

No.14

　　The Provisions on Administrative Law Enforcement Procedures of Internet Information Department has been deliberated and adopted at the 2nd meeting of the National Internet Information Office in 2023 on February 3, 2023, and is hereby promulgated and shall come into force as of June 1, 2023.

　　Zhuang Rongwen, Director of the National Internet Information Office

　　March 18th, 2023

Provisions on administrative law enforcement procedures of network information department

　　Chapter I General Provisions

　　the firstIn order to standardize and guarantee the network information departments to perform their duties according to law, protect the legitimate rights and interests of citizens, legal persons and other organizations, and safeguard national security and public interests, these Provisions are formulated in accordance with the Administrative Punishment Law of the People’s Republic of China, the Administrative Enforcement Law of the People’s Republic of China, the Cyber Security Law of the People’s Republic of China, the Data Security Law of People’s Republic of China (PRC), and the Personal Information Protection Law of People’s Republic of China (PRC).

　　the secondThese Provisions shall apply to the implementation of administrative punishment and other administrative law enforcement by the network information department.

　　The term "network information department" as mentioned in these Provisions refers to the national Internet information office and the local Internet information office.

　　ArticleWhen implementing administrative law enforcement, the network information department should adhere to the combination of punishment and education, so that the facts are clear, the evidence is conclusive, the basis is accurate and the procedure is legal.

　　Article 4The national network information department shall establish the administrative law enforcement supervision system of this system according to law.

　　The higher-level network information department supervises the administrative law enforcement implemented by the lower-level network information department.

　　Article 5The network information department shall strengthen the construction of law enforcement team and law enforcement capacity, and establish and improve the system of law enforcement personnel training, examination and assessment, qualification management and certificates.

　　Article 6The network information department and its law enforcement personnel shall keep confidential the state secrets, business secrets or personal privacy they know in the process of law enforcement.

　　Article 7Law enforcement officers who have a direct interest in the case or have other relations that may affect the impartial law enforcement shall withdraw.

　　If the parties consider that law enforcement officers have a direct interest in the case or have other relations that may affect the impartial law enforcement, they have the right to apply for withdrawal.

　　If a party applies for withdrawal, the network information department shall review it according to law, which shall be decided by the person in charge of the network information department. Don’t stop the investigation until the decision is made.

　　Chapter II Jurisdiction and Application

　　Article 8Administrative punishment shall be under the jurisdiction of the network information department where the illegal act occurred. Where laws, administrative regulations and departmental rules provide otherwise, such provisions shall prevail.

　　The place where the illegal act takes place includes the place where the illegal actor’s related services are licensed or filed, the place of main business, the place of registration, the place where the website founder, manager and user are located, the place where the network is connected, the place where the server is located, and the place where the terminal equipment such as computers are located.

　　Article 9The network information department at or above the county level shall exercise jurisdiction over administrative punishment cases within its administrative area according to its functions and powers. Where laws and administrative regulations provide otherwise, such provisions shall prevail.

　　Article 10If more than two online information departments have jurisdiction over the same illegal act of the parties, the online information department that first filed the case shall have jurisdiction.

　　If two or more network information departments have disputes over jurisdiction, they shall settle them through consultation; if consultation fails, they shall report to the common network information department at the next higher level for designation of jurisdiction; It can also be directly designated by the common network information department at the next higher level.

　　Article 11If the higher-level network information department deems it necessary, it can directly handle the cases under the jurisdiction of the lower-level network information department, or it can hand over the cases under its jurisdiction to the lower-level network information department for handling. If laws, administrative regulations and departmental rules clearly stipulate that the case shall be under the jurisdiction of the higher-level network information department, the higher-level network information department shall not hand over the case to the lower-level network information department for jurisdiction.

　　If the lower-level network information department cannot exercise jurisdiction over the cases under its jurisdiction due to special reasons, it may report to the higher-level network information department for jurisdiction or designate jurisdiction.

　　If the network information department below the municipal level with districts finds that the administrative punishment cases under its jurisdiction involve national security and other circumstances, it shall promptly report to the network information department at the next higher level and, if necessary, report to the network information department at the next higher level for jurisdiction.

　　Article 12If the network information department finds that the accepted case does not belong to its jurisdiction, it shall promptly transfer it to the network information department with jurisdiction.

　　The transferred network information department shall promptly inform the network information department of the transferred case of the investigation results of the case; If it is considered that the transfer is improper, it shall be reported to the common network information department at the next higher level for designated jurisdiction, and it shall not be transferred again by itself.

　　Article 13After receiving a request for jurisdiction dispute or reporting to the designated jurisdiction, the higher-level network information department shall make a decision on designated jurisdiction within ten working days and notify the lower-level network information department in writing.

　　Article 14If the network information department finds that the case is under the jurisdiction of other administrative organs, it shall transfer it to the relevant administrative organs according to law.

　　If the network information department finds that an illegal act is suspected of committing a crime, it shall promptly transfer the case to the judicial organ. If the judicial organ decides to file a case, the network information department shall complete the transfer procedures in time.

　　The network information department shall strengthen coordination and cooperation with the judicial organs, establish and improve the case transfer system, strengthen the transfer and reception of evidence materials, and improve the information notification mechanism for case handling.

　　Article 15The network information department shall send the obtained evidence and related materials to the original licensing and approval department, which shall decide whether to lower the qualification level or revoke the license according to law.

　　Article 16For the same illegal act of a party, no administrative penalty of more than two fines shall be imposed. If the same illegal act violates multiple legal norms and should be fined, it shall be punished in accordance with the provisions of high fines.

　　Chapter III Administrative Punishment Procedure

　　Section 1 filing a case

　　Article 17The network information department shall promptly investigate and deal with the following matters, and fill in the case source registration form:

　　(a) found clues to the case in the supervision and inspection;

　　(2) A natural person, legal person or other organization makes a complaint, appeal or report;

　　(3) Assigned by the network information department at a higher level or reported for investigation by the network information department at a lower level;

　　(4) Transferred by the relevant authorities;

　　(5) Discovered by other means or channels.

　　Article 18The filing of administrative punishment shall meet the following conditions:

　　(a) acts suspected of violating laws, administrative regulations and departmental rules shall be given administrative punishment according to law;

　　(2) Being under the jurisdiction of this department;

　　(three) within the statutory time limit for administrative punishment.

　　Those who meet the conditions for filing a case shall fill in the approval form for filing a case, together with relevant materials, and report to the person in charge of the network information department for approval within seven working days, and designate two or more law enforcement officers as the case undertaker. Under special circumstances, the case may be extended to fifteen working days.

　　For complaints, appeals and reports that are not filed, a written record shall be kept of the relevant information that is not filed.

　　If a case transferred by another organ decides not to file a case, it shall inform the transferring organ in writing.

　　If the case is not filed or revoked, the undertaker shall make an approval form for not filing or revoking the case and report it to the person in charge of the network information department for approval.

　　Section 2 Investigation and evidence collection

　　Article 19The investigation and evidence collection of cases by the network information department shall be carried out by law enforcement personnel with administrative law enforcement qualifications. There shall be no less than two law enforcement personnel, and they shall take the initiative to show their law enforcement certificates to the parties or relevant personnel. When necessary, you can hire professionals to assist.

　　If the evidence is collected and obtained from the parties to a case for the first time, they shall be informed of their right to apply for withdrawal by law enforcement officers.

　　When collecting and obtaining evidence from relevant units and individuals, they shall be informed of their obligation to provide evidence truthfully. Respondents and relevant personnel shall truthfully answer inquiries, assist and cooperate with the investigation, and provide timely information released by network operators, information released by users, log information and other related materials that should be preserved according to law, and shall not obstruct or interfere with the investigation of cases.

　　Article 20In the process of law enforcement, the network information department really needs the assistance of the relevant authorities or other administrative regions in the investigation and evidence collection, and shall issue a letter of assistance in the investigation, which shall specify the specific matters and time limit for assistance.

　　The network information department that received the letter of assistance in the investigation shall give assistance to the assistance matters within the scope of its functions and powers, and complete the relevant work within 15 working days from the date of receiving the letter of assistance in the investigation; If it is necessary to postpone the completion or is unable to assist, it shall promptly notify the network information department that requested assistance.

　　Article 21Law enforcement officers shall collect evidence related to the case according to law, including documentary evidence, physical evidence, audio-visual materials, electronic data, witness testimony, statements of the parties, expert opinions, transcripts of inquests, on-site transcripts, etc.

　　Electronic data refers to data formed in the course of a case, stored, processed and transmitted in digital form in electronic devices or storage media such as computer devices, mobile communication devices, Internet servers, mobile storage devices and cloud storage systems, and can prove the facts of the case. Audio-visual materials include audio-visual materials and video materials. Audio recordings and video materials stored in electronic media shall be subject to the provisions of electronic data.

　　The evidence should be verified before it can be used as the basis for determining the facts of the case.

　　Evidence obtained by illegal means shall not be used as the basis for ascertaining the facts of a case.

　　Article 22Evidence obtained according to law in the process of investigation, supervision and inspection before filing a case can be used as evidence of a case.

　　For the transferred case, the evidence materials collected by the transfer organ according to its functions and powers can be used as evidence of the case.

　　Article 23Before filing a case, the network information department may take measures such as inquiry, inquest, inspection, detection, inspection, appraisal and obtaining relevant materials, and may not restrict the personal and property rights of the respondents.

　　After the network information department files a case, it can take measures such as first registration and preservation of the articles, facilities and places involved.

　　Article 24In the process of law enforcement, the network information department shall make an inquiry record, which shall specify the time, place, facts, course and other contents. The record of inquiry shall be submitted to the object of inquiry or other relevant personnel for verification and confirmation, and shall be signed by law enforcement officers and the object of inquiry or other relevant personnel. If the interviewee and other relevant personnel refuse to sign or are unable to sign, the reasons shall be indicated.

　　Article 25The network information department shall conduct an inquest and inspection on the places, articles and networks involved in illegal acts, and collect and fix documentary evidence, physical evidence, audio-visual materials and electronic data in time.

　　Article 26The network information department may entrust a judicial authentication institution to issue an authentication opinion on the specialized issues in the case; If it is not within the scope of judicial expertise, it may entrust a competent or qualified institution to issue a test report or inspection report.

　　Article 27The network information department can obtain evidence materials that can prove the facts of the case from the relevant units and individuals, and can take photos, video, copy and copy as needed.

　　Documentary evidence and material evidence collected shall be original and original. If it is really difficult to obtain the original and the original, the relevant units and individuals who submitted the evidence may sign or seal the copy, indicating the words "This copy was provided by XXX and it is the same as the original (object) after verification" or a written description, indicating the date of issuance and the source of the evidence, and signing or sealing it.

　　The retrieved audio-visual materials and electronic data shall be original carriers or backup media. If it is really difficult to retrieve the original carrier or backup medium, you can collect copies, and indicate the production method, production time, producer and other information. When collecting audio data, a written record of the audio content shall be attached.

　　Article 28In the case that the evidence may be lost or difficult to obtain in the future, with the approval of the person in charge of the network information department, law enforcement officers can register and save the items suspected of committing illegal acts, such as computers, servers, hard disks, mobile storage devices and memory cards, make a list of registered and preserved items, and issue a notice of registration and preservation to the parties concerned. During the period of advance registration and preservation, the parties and other relevant personnel shall not damage, destroy or transfer the evidence.

　　If the network information department implements the advance registration and preservation, it shall notify the parties or holders to be present, and record the relevant measures taken in the on-site transcripts.

　　Article 29The network information department shall, within seven working days, make the following decision on the evidence registered and preserved in advance:

　　(1) If it is necessary to take evidence preservation measures, it shall be returned after taking evidence preservation measures such as recording, copying, photographing and video recording;

　　(two) the need for inspection, testing and identification, inspection, testing and identification of institutions with corresponding qualifications;

　　(three) the illegal facts are not established, or the evidence registered and preserved in advance is not related to the illegal facts, and the registration and preservation in advance is cancelled.

　　If no decision is made within the time limit, the advance registration and preservation shall be cancelled.

　　If the illegal facts are established and should be confiscated according to law, administrative punishment shall be imposed in accordance with legal procedures.

　　Article 30When collecting and preserving electronic data, the network information department can take measures such as on-site evidence collection, remote evidence collection and ordering relevant units and individuals to fix and submit them.

　　After on-site evidence collection and remote evidence collection, electronic evidence collection records shall be made.

　　Article 31In the process of investigation and evidence collection, law enforcement officers shall require the parties to sign, fingerprint, seal or confirm by other means on the transcripts and other relevant materials.

　　If the party concerned refuses to be present, sign, fingerprint, stamp or confirm by other means, or if the party concerned cannot be found, two law enforcement officers shall indicate the reasons in the record or other materials, and invite other relevant personnel to sign or stamp as witnesses, or record by means of audio and video recording.

　　Article 32The equipment and articles proved by evidence to be used for illegal personal information processing activities may be sealed up or detained.

　　To take or remove the measures of sealing up or detaining, a written report shall be made to the main person in charge of the network information department and approved. In case of emergency, if it is necessary to take measures of sealing up or detaining on the spot, law enforcement officers shall report to the main person in charge of the network information department within 24 hours and go through the approval procedures. If the main person in charge of the network information department thinks that the measures of sealing up or detaining should not be taken, it should be lifted immediately.

　　Article 33After the investigation of the case, if the undertaker thinks that the illegal facts are established and should be given administrative punishment, he shall write a report on the handling of the case and draft a proposal for administrative punishment.

　　Under any of the following circumstances, the undertaker shall write a report on the handling of the case, explaining the reasons for the proposed handling, and report it to the person in charge of the network information department for approval and deal with it according to different situations:

　　(a) that the illegal facts can not be established, no administrative punishment;

　　(two) the illegal act is minor and corrected in time, without causing harmful consequences, and no administrative punishment is given;

　　(three) the first violation of the law and the harmful consequences are minor and corrected in time, and administrative punishment may not be imposed;

　　(four) the parties have enough evidence to prove that there is no subjective fault, and administrative punishment shall not be imposed. If there are other provisions in laws and administrative regulations, those provisions shall prevail;

　　(five) the case is not under the jurisdiction of this department and should be transferred to other administrative organs for jurisdiction;

　　(six) suspected of committing a crime, should be transferred to judicial organs.

　　Article 34When conducting supervision and inspection or case investigation, the network information department shall order the parties concerned to correct the illegal acts immediately or within a time limit if the existing evidence proves that the illegal facts are established.

　　Article 35For administrative punishment cases with clear facts, where the parties voluntarily admit their mistakes and admit their punishment, and have no objection to the illegal facts and the application of the law, the network information department shall handle the case quickly.

　　Section 3 Hearing

　　Article 36Before making the following administrative punishment decision, the network information department shall inform the parties of their right to request a hearing. If a party requests a hearing, it shall put forward it within five working days after being informed, and the network information department shall organize a hearing. If a party fails to request a hearing within the time limit, it shall be deemed as giving up the right of hearing:

　　(a) a large amount of fines;

　　(two) the confiscation of a large amount of illegal income, confiscation of a large value of illegal property;

　　(three) to reduce the level of qualification and revoke the license;

　　(four) ordered to stop production and business, ordered to close down, restrict employment;

　　(5) Other heavier administrative penalties;

　　(six) other circumstances stipulated by laws, administrative regulations and departmental rules.

　　Article 37The network information department shall, seven working days before the hearing, serve the notice of hearing on the parties and inform the parties and relevant personnel of the time and place for holding the hearing.

　　The hearing shall make a record of the hearing, which shall be signed or sealed by the parties or their agents after verification. If the parties or their agents refuse to sign or seal, the presiding hearer shall indicate it in the record.

　　The hearing shall be held in public unless it involves state secrets, commercial secrets or personal privacy.

　　After the hearing, the network information department shall make a decision according to the transcripts of the hearing and in accordance with the provisions of Article 42 of these Provisions.

　　Section 4 Decision and Delivery of Administrative Punishment

　　Article 38Before the network information department makes a decision on administrative punishment, it can conduct an interview with the parties according to the relevant regulations, and make a record of law enforcement interview after the conversation.

　　Article 39Before making a decision on administrative punishment, the network information department shall fill in a notice of administrative punishment opinions, inform the parties of the contents, facts, reasons and basis of the administrative punishment to be made, and inform the parties of their rights of statement and defense according to law.

　　Article 40The parties have the right to make statements and defend themselves. The network information department shall fully listen to the opinions of the parties and review the facts, reasons and evidence put forward by the parties; If the facts, reasons or evidence put forward by the parties are established, the network information department shall adopt them.

　　The network information department shall not give heavier punishment for the statements and defenses of the parties.

　　Before making a decision on administrative punishment, the network information department and its law enforcement personnel fail to inform the parties of the contents and facts, reasons and basis of the proposed administrative punishment in accordance with these Provisions, or refuse to listen to the statements and defenses of the parties, and shall not make a decision on administrative punishment, except that the parties explicitly waive their right to make statements or defenses.

　　Article 41Under any of the following circumstances, before the person in charge of the network information department makes a decision on administrative punishment, the legal review shall be conducted by the personnel engaged in the legal review of the administrative punishment decision; No decision shall be made without legal examination or examination:

　　(a) involving major public interests;

　　(two) directly related to the major rights and interests of the parties or the third party, after hearing procedures;

　　(3) The case is complicated and involves multiple legal relationships;

　　(4) Other circumstances under which legal review shall be conducted as stipulated by laws and administrative regulations.

　　The legal audit shall be carried out by the organization responsible for the legal audit determined by the network information department. Personnel engaged in the legal review of administrative punishment decisions for the first time in the network information department shall obtain legal professional qualifications through the national unified legal professional qualification examination.

　　Article 42The administrative punishment decision to be made shall be reported to the person in charge of the network information department for review. The person in charge of the network information department made the following decisions according to different situations:

　　(a) there are illegal acts that should be subject to administrative punishment, and make a decision on administrative punishment according to the seriousness and specific circumstances;

　　(two) if the illegal act is minor, administrative punishment may not be imposed according to law;

　　(three) the illegal facts can not be established, no administrative punishment;

　　(four) if the illegal act is suspected of committing a crime, it shall be transferred to judicial organs.

　　Article 43If the circumstances are complicated or major illegal acts are given administrative punishment, the person in charge of the network information department shall make a collective discussion and decision. The process of collective discussion and decision shall be recorded in writing.

　　Article 44When making a decision on administrative punishment, the network information department shall make a unified number of administrative punishment decisions.

　　The written decision on administrative punishment shall specify the following items:

　　(1) Basic information such as the name and address of the party concerned;

　　(2) Facts and evidence of violation of laws, administrative regulations and departmental rules;

　　(three) the types and basis of administrative punishment;

　　(four) the way and time limit for the performance of administrative punishment;

　　(five) the way and time limit for applying for administrative reconsideration and bringing an administrative lawsuit;

　　(six) the name of the network information department that made the decision on administrative punishment and the date of making the decision.

　　If the decision on administrative punishment involves the confiscation of relevant articles, it shall also be accompanied by a certificate of confiscation of articles.

　　The written decision on administrative punishment must be stamped with the seal of the network information department that made the decision on administrative punishment.

　　Article 45The network information department shall make a decision on administrative punishment within 90 days from the date of filing the case of administrative punishment.

　　If a decision cannot be made within the prescribed time limit due to the complexity of the case, it may be extended for 60 days with the approval of the person in charge of the department. If the case is particularly complicated or the circumstances are special, and the decision cannot be made after the extension, the person in charge of the network information department at the next higher level shall decide whether to continue the extension, and if it is decided to continue the extension, it shall also determine the reasonable time limit for the extension; If the administrative punishment case handled by the national network information department needs to be postponed, it shall be approved by the main person in charge of the department.

　　In the process of handling the case, the time for hearing, detection, inspection, appraisal and administrative assistance shall not be included in the time limit specified in the first and second paragraphs of this article.

　　Article 46The written decision on administrative punishment shall be delivered to the parties on the spot after the announcement; If the party concerned is not present, it shall, within seven working days, serve the written decision on administrative punishment on the party concerned in accordance with the relevant provisions of the Civil Procedure Law of People’s Republic of China (PRC).

　　If the parties agree and sign the confirmation letter, the network information department may serve the administrative penalty decision on the parties by fax or e-mail.

　　Chapter IV Execution and Closing of Cases

　　Article 47After the administrative penalty decision is served, the parties concerned shall perform it within the time limit specified in the administrative penalty decision.

　　If the parties are in real financial difficulties, they may apply for postponing or paying the fine by installments, and submit written materials. Upon examination by the case undertaker, the time limit and amount for delaying or paying the fine by installments are determined, and the payment can be postponed or paid by installments after being reported to the person in charge of the network information department for approval.

　　Article 48If the network operator violates the relevant laws, administrative regulations and departmental rules and regulations and needs to close the website, revoke the business license of related value-added telecommunications services or cancel the filing, it shall be transferred to the competent telecommunications department for handling.

　　Article 49If a party refuses to accept the decision on administrative punishment, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.

　　If a party refuses to accept the decision on administrative punishment, applies for administrative reconsideration or brings an administrative lawsuit, the execution of administrative punishment shall not be suspended, unless otherwise provided by law.

　　If a party applies for administrative reconsideration or brings an administrative lawsuit, the amount of the additional fine shall not be counted during the administrative reconsideration or administrative lawsuit.

　　Article 50If a party fails to perform the decision on administrative punishment within the time limit, the network information department that made the decision on administrative punishment may take the following measures:

　　(1) If the fine is not paid at the due date, a fine of 3% of the fine amount shall be imposed every day, and the amount of the fine shall not exceed the fine amount;

　　(2) Apply to the people’s court for compulsory execution in accordance with the provisions of the Administrative Enforcement Law of the People’s Republic of China.

　　If the online information department approves the extension or installment payment of the fine, the time limit for applying to the people’s court for compulsory execution shall be counted from the date of the end of the suspension or installment payment of the fine.

　　Article 51If the network information department applies to the people’s court for compulsory execution, it shall fill in the reminder of the decision on administrative punishment before the application, urge the parties to perform their obligations in writing, and inform them of the time limit and method of performing their obligations, the statements they are entitled to according to law and the defend oneself; Where a fine is involved, there should be a clear amount and payment method.

　　If a party makes a statement or defense, the online information department shall record and review the facts, reasons and evidence put forward by the party, and make a statement and defense record and a statement and defense review opinion. If the facts, reasons or evidence put forward by the parties are established, the network information department shall adopt them.

　　If the party concerned still fails to perform the punishment decision ten working days after the reminder of the administrative punishment decision is served, the online information department may fill in an application for compulsory execution of administrative punishment and apply to the local people’s court with jurisdiction for compulsory execution.

　　Article 52After the implementation or enforcement of the administrative penalty decision, under any of the following circumstances, law enforcement officers shall fill in the administrative penalty closing report, sort out and bind the relevant case materials, and file them for preservation:

　　(a) the decision on administrative punishment has been fulfilled or completed;

　　(two) the people’s court ruled to terminate the execution;

　　(3) The investigation of the case is terminated;

　　(four) to make the provisions of article forty-second of the second to fourth decisions;

　　(five) other circumstances that should be closed.

　　After the case is closed, law enforcement officers shall file the case materials in accordance with the relevant provisions of file management. The filing of files should be a case, a volume, complete materials, standardized and orderly.

　　Article 53The network information department shall, in accordance with the law, record the whole process of the initiation, investigation and evidence collection, examination, decision, delivery and execution of administrative punishment in the form of words, audio and video, and keep them on file.

　　Article 54The network information department shall accept social supervision when implementing administrative punishment. Citizens, legal persons or other organizations have the right to appeal or report acts of administrative punishment against the network information department; The network information department should carefully examine it, and if it finds any mistakes, it should take the initiative to correct them.

　　Chapter V Supplementary Provisions

　　Article 55The time limit in these Provisions shall be calculated in hours and days, excluding the beginning hours and days. If the last day of expiration is a legal holiday, the date of expiration shall be the first day after the legal holiday. However, unless otherwise provided by laws and administrative regulations.

　　Article 56The "above", "below" and "inside" in these Provisions include this number and the corresponding level.

　　Article 57The national network information department is responsible for formulating the model format of administrative law enforcement related documents. The network information departments of all provinces, autonomous regions and municipalities directly under the Central Government may refer to the model document format, formulate the document format applicable to administrative law enforcement in their respective administrative regions and print it by themselves.

　　Article 58These Provisions shall come into force as of June 1, 2023. The Provisions on Administrative Law Enforcement Procedures for Internet Information Content Management (Order No.2 of the State Internet Information Office) promulgated on May 2, 2017 shall be abolished at the same time.