标签归档 西安桑拿论坛

　　With the "Captain Group Purchase" App, it is easy to do sideline business, and the monthly income of 0 cost can reach 10,000 yuan? Recently, Mr. Hu from Hubei reported to The Paper that at the end of August, he saw this attractive App advertisement on the online platform, then downloaded it and used it, but he was caught in a "trap".

　　Mr. Hu said that at first, he launched a group fight by purchasing goods in the "Captain Group Purchase" App, and earned "some cigarette money" when he was the head of the team, and then began to increase investment.

　　He said that although it is called purchase, it will not receive the goods in the end. After the group is successful, the App will refund the principal and a certain commission.

　　On September 9, the platform launched a new product, claiming that it would have the opportunity to "double back". Photo courtesy of respondents

　　However, from the evening of September 9, this App could no longer be opened, and the money invested by Mr. Hu could not be cashed. He immediately reported the case to the local police. According to the transfer voucher provided by Mr. Hu to The Paper, he invested 580,000 yuan, which he said he didn’t have time to withdraw.

　　The notice of filing a case issued by the Public Security Bureau of Tianmen City, Hubei Province on September 14 shows that the illegal business case of "captain group purchase" has been established as a criminal case.

　　The group buying App that claims to make money suddenly closes.

　　Mr. Hu told The Paper that he learned about this application software called "Captain Group Purchase" from the Internet in August. According to related propaganda articles, it is easy to make money by using this software.

　　Mr. Hu said that the mode of making money with this software is "being a team leader and earning a commission". Click on the "Head Join" module in the software, and you can see the goods for the group. The types of products include turkey noodles, small household appliances, tables, chairs and so on, and the prices range from several hundred to thousand yuan. The more expensive the products, the more commissions they can get, ranging from several to dozens. After recharging and purchasing goods, it will become the "head of the team". After launching the group fight, the platform will automatically arrange the group. The grouping cycle of different commodities is also different, and the grouping cycle of high-value commodities will be slightly longer. After the grouping is successful, the system will return the principal and commission, and users can withdraw cash.

　　Mr. Hu’s first "business" in the captain’s group purchase took place on August 21st, and the transfer records he provided to The Paper showed that he recharged 278 yuan that morning. He recalled that after recharging himself, the software gave 28 yuan the first reward, and then he spent more than 200 yuan to buy turkey noodles, became the head of the team, and launched a group fight. In just one day, he received the principal and a commission reward of several dollars. After tasting the sweetness, he increased the frequency and amount of recharge, bought more and more goods and launched a group fight.

　　Although it was a group purchase, Mr. Hu said that he had never received any goods, and he did not know whether the participants arranged by the platform had received any goods.

　　"Since September, the rewards of the platform have been even greater." Mr. Hu introduced to The Paper that "Golden September and Silver 10 activities have been publicized a lot", and the platform increased the commission rebate. During the day of September 9, three more products were put on the platform, with prices of 3,199 yuan, 10,199 yuan and 50,000 yuan respectively. The publicity information of the platform shows that the head of delegation can receive high commission and double principal. This made Mr. Hu tempted, and he recharged more than 80,000 yuan that day. On the evening of the 9 th, he suddenly discovered that this App could no longer be opened. According to the transfer records provided by Mr. Hu, he has recharged more than 580,000 yuan to the platform. He said that the money had not been withdrawn in time.

　　Mr. Lin, who works in Shenzhen, said that he had the same experience as Mr. Hu. He started to use the Captain’s App at the end of July. Similarly, he earned his first commission by launching turkey noodle dumplings. Subsequently, in August, he recharged three more pens, totaling more than 2,000 yuan, to buy goods and launch a group fight, and also successfully received the principal and commission respectively, and successfully withdrew the cash. This made him trust the platform very much. In September, after seeing the welfare activities initiated by the platform, he increased his investment. From September 2 to September 9, he recharged more than 10,000 yuan, and then the platform closed, and the invested funds sank.

　　On September 15th and 16th, The Paper repeatedly called the captain’s customer service phone, all of which indicated that the artificial landline was busy and no one answered.

　　Notice of filing a case issued by Tianmen police. Photo courtesy of respondents

　　After discovering that he was suspected of being cheated, Mr. Hu immediately reported the case to the local police. The notice of filing a case issued by the Public Security Bureau of Tianmen City, Hubei Province on September 14 shows that the illegal business case of "captain group purchase" has been investigated as a criminal case by the police. Mr. Lin told The Paper that he had also reported the case to the local police station.

　　Suspected of "signing a contract" with the victim in the name of other companies.

　　The Paper noted that the platform transfer records provided by Mr. Hu and Mr. Lin showed that the recipients were personal accounts instead of Gong Hu, and the recipients often changed. Mr. Hu said that this incident involved a number of users. In the group they built, some users had asked the online customer service about the collection account. The screenshot shows that the online customer service explained that it was "to ensure the safety of users’ funds and avoid the precipitation of the fund pool. The platform collection account is a personal supervision account designated by the three-party supervision bank, and the platform may not use the company account to recharge users". As for the source of the commission, the customer service explained that the commission is only a small part of the total profit of the goods sold by initiating the group order.

　　In addition, it is worth noting that every time a transaction is completed, the platform will generate an electronic contract. The product name, the amount of goods purchased, the names of participants and the ID number are written on it. The commission rate and maturity date are agreed, and the repayment method is daily compound interest rebate and return to the principal at maturity.

　　Party A is the buyer and Party B is Zhejiang Wenjian E-commerce Co., Ltd.. It is guaranteed by Party C’s China National Investment Financing Guarantee Co., Ltd.. However, when The Paper inquired about official website of China Investment and Financing Guarantee Co., Ltd., he found that the company had issued a statement as early as August, saying that it had never cooperated or signed any contracts and agreements with any commission-ordering platform such as "Zhejiang Wenjian E-Commerce Co., Ltd." and "Captain Group Purchase", and the above-mentioned electronic contracts used their company names and forged their company seals.

　　The national enterprise information publicity system shows that Zhejiang Wenjian E-Commerce Co., Ltd. was established in March 2018 with a registered capital of 10 million RMB and its legal representative is Le Kaihua. The Paper found that Zhejiang Putuo News Network published a report in August, 2021 that the Pioneering Park for Retired Soldiers in Putuo District helped the retired soldiers to start their own businesses, which specifically mentioned this company, and wrote: "Le Kaihua, 33, was the first retired soldier to enter the garrison to create a park. In March 2018, he set up an e-commerce company and applied to enter the park. After half a year, due to sales channels, markets and other issues, the company encountered development bottlenecks. Just when he was at his wit’s end, the entrepreneurial tutor in the Military Innovation Park analyzed his entrepreneurial prospect and market according to the actual situation, which pointed out a new direction for enterprise transformation. Today, Lekaihua’s company is running smoothly, and a brand-new smart home experience hall of 300 square meters will also open. " According to the report, Le Kaihua’s suspicion here has nothing to do with the captain’s group purchase. The Paper tweeted to contact the person in charge of the Zhou surname of Junchuang Park in Putuo District, and revealed that Zhejiang Wenjian E-Commerce Co., Ltd. was also impersonated and the company had called the police.

　　Zhao Zhao, a policeman from Changsha Anti-Fraud Center, talked to The Paper about his views. He introduced that the scam was similar to the illegal pyramid selling and fund-raising platform of "buying mobile phones to watch advertisements" in earlier years. The victim listened to the platform propaganda and thought that he would buy a mobile phone. He could get a high share of advertising revenue by lying at home and watching news every day. After tasting some sweets from the platform in the early days, he enlisted friends and relatives to join the platform and invested heavily. Finally, the platform one was established.

　　Zhao Zhao said that with the rapid development of the mobile Internet in the past two years, such platforms have put on various concepts such as "earning at home", "part-time billing", "member e-commerce" and "digital currency mobile phone mining", taking high profit returns as bait, and integrating various criminal methods such as illegal fund-raising, illegal pyramid schemes and billing fraud, and madly harvesting the funds of investors and franchisees. "

　　"Investment needs to be cautious. Investors should not believe in the high return on investment promises of various new concepts on the Internet and trade and invest in informal platforms." Zhao Zhao reminded.

　　The picture shows that the presiding judge of this case is in court.

　　guide reading

　　With the increasing admiration of the public for the concept of healthy living, yoga has gradually become a popular choice for the masses to keep fit. However, seemingly simple yoga exercise may also suffer sports injuries and lead to disputes. Recently, the People’s Court of Jinan District, Fuzhou City, Fujian Province concluded a case of tort liability dispute caused by yoga injury. After hearing the case, the court held that the yoga studio, as an institution specializing in training and teaching services, failed to fulfill its sufficient security obligations and should bear the main responsibility of this case. At the same time, the customer, as a person with full capacity for civil conduct, should be aware of the related risks of practicing yoga, but he continues to practice after feeling unwell, and there is also fault in the occurrence of damage results, so the responsibility of the yoga studio can be appropriately reduced. While fully safeguarding the legitimate rights and interests of consumers, the judgment of this case also reflects that the people’s court fully applies the concept of active justice to civil trial work, effectively exerts the rule-leading and value-oriented functions of judicial judgment, and plays a positive role in the standardized governance of service industries such as sports and fitness.

　　Fitness is risky and exercise needs to be moderate.

　　On December 10, 2021, Duan paid 3380 yuan to a yoga studio through WeChat and became an annual card member of the yoga studio. The next day, Duan transferred 5719 yuan to the yoga studio to buy a personal trainer course package. During the period from December 11th, 2021 to January 22nd, 2022, Duan frequently made an appointment with the yoga instructor Li in the yoga studio through WeChat and did yoga exercises.

　　In early January, 2022, Duan felt discomfort in his left hip after attending a private yoga class, and told his coach Li. After listening, Li said that this is a subluxation strain of the femoral head after normal exercise, so let Duan continue to do some rehabilitation and relaxation training in the yoga studio. Duan, out of trust in the coach, continued to go to the yoga studio for classes.

　　The injury becomes more serious, and fitness hurts the body.

　　On January 20, 2022, Duan went to the hospital for examination because of unbearable pain. The X-ray diagnosis report showed that Duan had degenerative changes in his left hip joint. On the 23 rd of the same month, Duan went to the orthopedic hospital for magnetic resonance examination, and the imaging diagnosis was: a small amount of effusion in the left hip joint space.

　　From March to May, 2022, Duan’s symptoms have not been alleviated, and he went to the hospital for examination and treatment many times. He was also hospitalized at the end of April and discharged on May 18th. The diagnosis conclusions given by the hospital are as follows: 1. Hip joint disease (left hip arthritis) edema (mild bone marrow edema in the left acetabulum and mild bone marrow edema in the upper femur of the left femur); 2. Abnormal findings of diagnostic imaging examination in other parts of musculoskeletal system (mild degeneration of pelvis), etc.

　　After leaving the hospital, Duan found a yoga studio to find a solution.

　　The negotiation ended in vain, and the judge was asked to judge.

　　Since then, Duan and coach Li have repeatedly communicated and negotiated related compensation matters, but the two sides have never reached an agreement, so Duan sued the yoga studio and Li to the court. The defendant argued in the lawsuit that Duan confirmed in the WeChat chat with Li that the range of yoga movements taught by Li was very small, and the teaching intensity was low, and Li only demonstrated the movements and told the essentials of the movements, and Duan stretched himself, so Li did not press Duan’s body, so there was no fault in Li’s yoga teaching, and Duan’s injury was not caused by Li, so the defendant should not bear the responsibility.

　　In addition, as a sport, yoga practitioners should practice in a step-by-step manner according to the flexibility of their ligaments and the strength of bone structure. Duan, as a practitioner, should fully understand the dangers of practicing yoga. He is eager to achieve success and frequently asks for classes at his own risk, so his injury result is caused by his improper practice. According to the law, if the victim intentionally or neglects the occurrence or expansion of the same damage, the liability of the compensation obligor may be reduced or exempted.

　　There is a causal relationship after two appraisals.

　　In June, 2022, Duan entrusted a judicial appraisal institute for appraisal, and the appraisal opinions issued by the judicial appraisal institute were as follows: 1. There is a causal relationship between the consequences of Duan’s current left hip injury and the injury caused by practicing yoga in the yoga studio on December 29, 2021; 2. Duan’s delayed construction period is evaluated as 120 days, the nursing period is evaluated as 90 days, and the nutritional period is evaluated as 60 days.

　　During the litigation, according to the application of the yoga studio, the court entrusted another judicial appraisal institute to re-evaluate whether there is a causal relationship between Duan’s left hip injury and yoga practice, as well as the missed construction period, nursing period and nutrition period. The opinions of the judicial appraisal opinion issued by the judicial appraisal institute on October 14, 2022 are as follows: 1. There is a complete causal relationship between Duan’s practice of yoga in a yoga studio and his left hip injury; 2. Duan’s delayed construction period is 120 days, the nursing period is 90 days, and the nutrition period is 60 days.

　　Both parties are at fault and bear primary and secondary responsibilities.

　　Based on the facts of the case and relevant evidence, the court held that citizens have the right to life and health, and the actor should bear tort liability for infringing upon the civil rights and interests of others due to his fault. Duan’s left hip injury has a complete causal relationship with the yoga exercise directed by Li, as evidenced by the appraisal opinions issued by two appraisal institutes.

　　As an institution specializing in yoga training and teaching services, the yoga studio should provide students with a safe fitness environment and professional fitness services. It failed to fulfill its sufficient security obligations, resulting in Duan’s injury, and continued to arrange Duan to do yoga exercises after Duan told him that his left hip was unwell. It was at fault for Duan’s injury and should bear the main responsibility of this case.

　　As a person with full capacity for civil conduct, Duan should be aware of the risks associated with practicing yoga, have a considerable sense of self-protection, and have a full understanding of his physical condition and endurance. However, after feeling the discomfort of the left hip joint, Duan did not choose to see a doctor in time, took the initiative to stop training, and continued to carry out yoga training. He himself was also at fault for the occurrence of the damage result, which can appropriately reduce the liability for compensation of the yoga studio. Li is a yoga instructor in the yoga studio, and Duan was injured in yoga teaching, so his employer yoga studio should bear the liability for compensation.

　　In the end, combined with the actual situation of the case and the degree of fault of both parties, the court ruled that the yoga studio should bear 70% of the liability for compensation, and Duan should bear 30% of the liability himself.

　　After the judgment, neither party appealed, and the judgment has taken legal effect.

　　■ referee analysis

　　The combination of fault liability principle and fault offset system

　　Natural person’s right to health and body should be protected by law. When engaging in social activities, all civil subjects should fulfill the necessary duty of care, respect the rights and interests of others, and avoid causing damage to the rights and interests of others. Any act that causes damage to the rights and interests of others due to negligence or neglect shall bear the corresponding liability for damages. Article 165 of the Civil Code of People’s Republic of China (PRC) clarifies that the principle of general tort liability is the principle of fault liability, that is, unless there are special provisions in the law, generally speaking, the civil subject should bear the liability for damages only when the civil rights and interests of others are infringed by fault (intentionally or negligently); If there is no fault, it is not responsible.

　　It is worth noting that Article 173 of the Civil Code states that when the victim is at fault for the occurrence of damage or the expansion of the damage result, the liability of the compensation obligor for damages shall be reduced or exempted according to law, that is, the fault shall be offset. As an important system of damage compensation, the effect of the principle of negligence offset is reflected in three levels: first, for the infringer, the effect of the principle of negligence offset is reflected in the reduction or exemption of his liability for damage compensation. Second, for the infringed, it is reflected in the fact that his claim for damages is restricted in entity, and he has lost part or all of his claim for damages. Third, for the court as a referee, it is reflected that the judge should distribute the damage results fairly among the parties according to specific standards and determine the responsibility. Negligence offset, in essence, is to consider the faults of the offender and the victim to determine the primary and secondary responsibilities, rather than offset each other.

　　Returning to this case is essentially a combination of the principle of fault liability and the system of fault offset. First of all, institutions engaged in yoga training and teaching services should provide students with a safe fitness environment and professional fitness guidance services, and do their best to ensure safety within reasonable limits. Yoga is a dangerous sport. In the process of practice, the staff of the yoga studio should guide the students to complete the corresponding actions according to the intensity suitable for their own foundation, and give necessary safety tips. In the case of knowing that the students are unwell due to the practice actions, they should not continue to arrange yoga exercises, which will aggravate the injuries of the students. Therefore, the principle of fault liability applies and the yoga studio bears the main responsibility. Secondly, students, as adults with full capacity for civil conduct, should also know the related risks of practicing yoga, have a considerable sense of self-protection, avoid causing self-harm in yoga exercise, and should also bear part of the responsibility for the expansion of the damage results.

　　At the same time, the principle of negligence offset has its subject scope of application. If the victim is at fault for the occurrence or expansion of the damage, it should be applied to reduce the compensation liability of the offender. There should be no objection. It is worth noting that in judicial practice, when a third person who has a specific relationship with the victim has the following circumstances and is at fault for the occurrence or expansion of damage, the principle of negligence offset may still be applied:

　　(1) Legal representative

　　The legal representative is the guardian of a person without or with limited capacity for civil conduct, and has the legal obligation to supervise, protect and take care of the person without or with limited capacity for civil conduct. If the legal representative neglects to perform his guardianship duties, resulting in damage to the ward, based on the guardianship relationship between the legal representative and the victim, the principle of negligence should be applied to reduce the liability of the offender.

　　(2) Staff

　　If a staff member causes property losses to the employer due to the infringement of others in the course of performing his duties, if the staff member is at fault for the occurrence or expansion of the damage, his fault is regarded as the fault of the employer, and the fault can be applied to offset and reduce the compensation liability of the infringer.

　　■ Expert comments

　　Strengthen the supervision of fitness practitioners and operators.

　　Ding Zhaozeng, Associate Professor of Fujian Normal University Law School

　　The verdict of this case conforms to the provisions of Article 165 of the Civil Code of People’s Republic of China (PRC), "If the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability" and Article 173, "If the infringed is at fault for the occurrence or expansion of the same damage, the liability of the infringer may be reduced".

　　On the one hand, in the fitness and yoga courses, the service contract relationship is formed between the members and the yoga institutions, and the instructors need to formulate targeted courses according to the students’ physical conditions and fitness goals, and provide professional guidance during the practice. If the members’ sports are injured due to the coach’s mistakes, the coach and the organization may have to bear the corresponding tort liability.

　　On the other hand, gymnasiums, yoga studios and other institutions should fulfill their security obligations to members, create a good and safe fitness environment, ensure the safety of supporting service facilities in business and management places and the qualification compliance of coaches, so as to effectively protect the personal and property safety of members. However, the security obligations of gymnasiums, yoga rooms and other institutions are not infinitely expanded. If a member is a person with full capacity for civil conduct, he should have a reasonable understanding of his own health, and should also have a sense of safety and self-protection about the exercise environment and sports equipment. Members should arrange exercises scientifically and reasonably according to their own physical conditions to achieve the purpose of safe and healthy exercise. If members fail to fulfill their duty of care, they should bear certain responsibilities for the consequences of their own damage.

　　This case also reflects that the current fitness and yoga consumer markets need to be standardized. On the one hand, the entry threshold for fitness and yoga coaches should be improved, and the skills training and quality education for coaches should be strengthened. Coaches should hold certificates, and coaches engaged in fitness and yoga should hold China Fitness Yoga Grade Certificate. On the other hand, we should strengthen the standardized and legal management of gymnasiums and yoga studios. As soon as possible, formulate and improve the unified standards of fitness, yoga training, grade evaluation and other aspects, so that fitness and yoga training have rules to follow and rules to follow. In addition, it is also necessary to clarify the supervision departments of the fitness and yoga industries, strengthen the supervision of practitioners and operating venues, rectify and clean up the fitness and yoga venues with irregular operation in time, and standardize the industry order.

Live broadcast: On November 3rd, in the 21st round of U21 League, Shandong Taishan U21 team defeated Shanghai Harbour U21 team 2-1, locked in the championship one round ahead of schedule, and got the qualification to participate in the 2024 season B. According to "Football News", in the final round, there were four teams competing for the remaining one B spot.

According to the rules, the top two players in U21 League this year won the number of places in China B, but the rules on registration, promotion and demotion have not been finalized. After this round, Taishan scored 45 points, Haigang scored 40 points, Dalian scored 39 points, Rongcheng scored 39 points and Shenhua scored 38 points. Taishan U21 team has won the championship ahead of schedule and successfully rushed to B, while the four U21 teams of Haigang, Dalian, Rongcheng and Shenhua all have hope of rushing to B in the final round.

At present, the situation in the seaport is the best. If you win, you will get the qualification of B. If you draw, you need another game and it will be a draw. If you lose, you will miss B.: If Dalian people win and the harbor doesn’t win, they can get the qualification of B, and they will be tied or negative; If Rongcheng wins, and the harbor doesn’t win, it will get the qualification of B, and it will be flat or negative; If Shenhua wins and Dalian people draw with Rongcheng, they can get the qualification of B.

(Tiger)