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促进网络直播平台规范健康发展是法治公平的应有之义
Di Yi Cai Jing· 2025-06-27 09:28
Core Viewpoint - The introduction of two announcements by the State Taxation Administration aims to enhance tax service and management capabilities in the online space, guiding the compliant development of the live streaming industry [1][3]. Group 1: Tax Compliance and Management - The announcements clarify that internet platform enterprises, including live streaming platforms, are required to report tax-related information, optimizing tax collection methods for online streamers and reducing their tax burden [1][3]. - The live streaming industry is recognized as a significant part of the platform economy, but its complex operational models create challenges in tax oversight, leading to potential tax evasion and unfair competition [1][2]. Group 2: Regulatory Actions and Industry Impact - In 2024, tax authorities inspected 169 online streamers, recovering a total of 899 million yuan, which has helped to regulate the tax order in the industry [2]. - A case involving an MCN organization and illegal intermediaries highlighted the shift from individual tax evasion to organized tax fraud, indicating a need for strengthened tax regulation [2]. Group 3: Future Directions and Benefits - The announcements are seen as a response to societal expectations, aiming to create a fair tax environment for platform competition by mandating MCN organizations to report tax information for streamers and their partners [3]. - The measures include tax relief for low-income streamers, such as a tax exemption for amounts below 100,000 yuan, and support for platforms in handling tax filings, which will alleviate the tax burden on streamers [3].
卷入银行职员诈骗案被划扣近两千万 映客不服法院裁定提复议
Nan Fang Du Shi Bao· 2025-05-29 13:56
Core Viewpoint - The case involves a former employee of Everbright Bank who embezzled approximately 94.48 million yuan over 13 years, using a significant portion of the funds (around 60 million yuan) for tipping on live streaming platforms like Inke and Douyin. The court has ordered the live streaming platform, Beijing Milaiwu Network Technology Co., Ltd. (Milaiwu), to return nearly 20 million yuan in earnings from these tips, which the company disputes as it claims the earnings were legally obtained [1][2][3]. Summary by Sections Background of the Case - The fraud was perpetrated by a bank employee, who misled clients into investing in fictitious financial products, resulting in a total fraud amount of over 94.48 million yuan. The employee used the funds to tip streamers on live platforms, with 59.51 million yuan on Inke and 1.7 million yuan on Douyin [2]. Court Rulings and Legal Proceedings - The Zhengzhou Intermediate People's Court ruled that the tips made by the fraudster were not legitimate expenses and ordered the recovery of funds from the live streaming platforms and the streamers who received tips above 20,000 yuan. The court's decision was based on the premise that the tips contributed to the inability to repay the victims [3][4]. Dispute Over Fund Recovery - Milaiwu has contested the court's order, arguing that it acted in good faith and was unaware that the funds were derived from fraudulent activities. The company claims it fulfilled its due diligence obligations and that the tips were part of normal business operations [6][7]. Legal Concepts Involved - The concept of "good faith acquisition" is central to the dispute, where Milaiwu argues that it should not be liable for returning the funds as it did not know the source of the tips was illegal. The victims, however, argue that the tips should be considered gifts without a legal basis for recovery [6][7]. Responsibility of Financial Institutions - Milaiwu has suggested that Everbright Bank should bear some responsibility for the fraud due to inadequate oversight of its employees. This raises questions about the accountability of financial institutions in preventing employee misconduct [9][10].
未成年人充值打赏“大额化”,北京互联网法院3年结案近七百件
Di Yi Cai Jing· 2025-05-28 05:53
Core Viewpoint - The trend of underage consumers engaging in high-value transactions, particularly in gaming and live streaming, is increasingly concerning, with a significant rise in related legal cases [2][3] Group 1: Trends in Underage Spending - There is a noticeable trend of younger consumers making large payments, with cases involving refunds for underage gaming and live streaming payments reaching nearly 700, with the highest single case amounting to 3.1 million yuan and an average case value exceeding 80,000 yuan [2] - Specific examples highlight the severity of the issue, such as one case where a minor spent over 40,000 yuan in one night for a game item, and another where a minor tipped 80,000 yuan during a live stream due to misleading promotions [2] Group 2: Legal and Institutional Responses - The Beijing Internet Court, as the first internet juvenile court in China, emphasizes the protection of minors in online environments and has developed guidelines to address irrational spending among minors [3] - Recommendations include enhancing account security management, establishing family rules for internet use, and promoting financial literacy among children to foster responsible spending habits [3]
传承中华美德 最高法发布实施民法典典型案例
Xin Hua She· 2025-05-25 05:47
Group 1 - The Supreme People's Court has released a series of typical cases related to the Civil Code on its fifth anniversary, focusing on traditional virtues such as bravery, filial piety, and honesty [1] - A case involving a person injured while performing a good deed highlights the court's stance on encouraging altruism, ruling that the beneficiary should provide appropriate compensation to the injured party [1] - Another case addresses the obligations of a media company towards its network anchors, where the court ruled against the company for infringing on the anchor's dignity and promoting unhealthy practices in the industry [1] Group 2 - A case concerning inheritance rights illustrates the consequences of neglecting filial duties, where a son who abandoned his parents was ruled to lose his inheritance rights due to his long-term neglect [2] - The court's decision emphasizes the importance of fulfilling familial responsibilities, as the son was deemed to have abandoned his parents, leading to a ruling in favor of the second-order heir [2]
斗鱼(DOYU.US)Q1:逆流而上,向新而生
Ge Long Hui· 2025-05-22 04:06
Core Insights - Douyu has reported a significant improvement in its financial performance, with total revenue reaching 947 million RMB, and a notable reduction in operating losses by 84.3% to 26.1 million RMB, indicating the effectiveness of its cost reduction and efficiency enhancement strategies [1][2] Group 1: Profitability Improvement - The improvement in Douyu's profitability is attributed to deep optimization of content costs and operational efficiency, including adjustments in the management of streamer resources and the introduction of performance assessment mechanisms [2] - The company has maintained a solid content strategy while enhancing operational precision, which has contributed to the stable development of its traditional live streaming business [3][4] Group 2: Diverse Business Layout - Douyu's innovative business and advertising revenue have become key growth drivers, with revenue from these segments reaching 383 million RMB, a year-on-year increase of 60.2%, accounting for 40.4% of total revenue [5][8] - The company has strengthened its ties with game developers, integrating live streaming with game consumption, exemplified by the "Peaceful Store" initiative in collaboration with "Peace Elite," which enhances user engagement and purchasing intent [5][8] Group 3: Strategic Transformation - Douyu's strategic transformation reflects a clear commitment to operational efficiency and exploration of diversified growth paths, gradually building a more resilient business ecosystem [9] - The focus on user value and innovation-driven growth positions the company favorably in a dynamic competitive landscape, with potential for further development as it deepens its engagement with the gaming ecosystem and explores new service forms [9]
海南三亚直播电商为乡村振兴注入云动力
Zhong Guo Chan Ye Jing Ji Xin Xi Wang· 2025-05-19 22:22
Core Insights - The rapid growth of the live streaming industry has positioned female practitioners as key drivers of innovation and employment in the sector [1] - The establishment of the Women's Committee by the Sanya Live Streaming Industry Association aims to empower women through resource integration, skills training, entrepreneurial support, and rights protection [1][2] - A comprehensive support system has been created, including training programs and practical experiences, to enhance women's capabilities in live streaming and e-commerce [1][2] Group 1 - The Women's Committee has trained over 1,000 female participants and incubated more than 100 entrepreneurial accounts, contributing over 1 million yuan in agricultural sales [1] - The initiative includes a "5-day intensive training + 10-day mentorship" model to strengthen practical skills through hands-on experience [1][2] - The association has organized over 20 government-enterprise exchange meetings, providing comprehensive support for female entrepreneurs, including access to 300 resources from entrepreneurial parks and supply chain companies [1][2] Group 2 - The training program connects with local industries, focusing on unique resources like Li brocade handicrafts and tropical agricultural products, fostering a sustainable e-commerce ecosystem [2] - The initiative has inspired hundreds of women in 16 villages to embark on live streaming entrepreneurship, with significant sales achievements in agricultural products [2] - The association's activities have led to the sale of 100,000 kilograms of various agricultural products, gaining recognition from government and social organizations [2] Group 3 - The "One Village One E-commerce" project has trained over 20 rural women in live streaming skills, resulting in an additional income of over 100,000 yuan [3] - The association has implemented a "Military Spouse Support Plan," providing training and supply chain support to military families transitioning into e-commerce [3] - A full-chain support system has been established to help rural women, military spouses, and female university students enhance their skills and achieve employment and entrepreneurship [3]
全链条防治偷税骗补需集聚合力
Jing Ji Ri Bao· 2025-05-08 21:46
Core Viewpoint - The recent case of tax evasion involving over 200 million yuan highlights the emergence of a sophisticated tax evasion industry, necessitating a comprehensive approach to prevent such illegal activities [1][2]. Group 1: Tax Evasion Case - A network anchor management organization in Huizhou, Guangdong, assisted by illegal intermediaries, established multiple shell companies to help over 700 anchors evade individual income tax and fraudulently obtain local subsidies [1]. - The case illustrates a well-organized tax evasion chain that poses significant risks to national tax security and fair competition, requiring collective efforts for comprehensive prevention [1]. Group 2: Trends in Tax Crimes - Current tax crimes are showing trends of scale, chain, and professionalization, prompting the acceleration of improvements in China's tax management system [2]. - Eight departments have established a regular joint mechanism to combat tax-related crimes, enhancing the precision of regulation and enforcement through the sharing and application of tax big data [2]. Group 3: Collaborative Efforts - To effectively sever the chains of tax crimes, there is a need for increased cross-regional and cross-departmental collaboration to combat illegal activities and accurately identify risk points [2]. - Relevant platform enterprises must fulfill their tax assistance obligations and encourage compliance among their personnel, while tax intermediaries should uphold the law and contribute to a fair tax environment [2]. Group 4: Public Awareness and Education - The public is encouraged to act as defenders and supervisors of lawful tax payment, enhancing sensitivity and judgment regarding tax-related risks [3]. - Local authorities should focus on targeted tax law education in key industries and demographics, analyzing illegal cases to clarify legal consequences and strengthen management of tax service institutions [3].
陪伴式直播容不得“拿来主义”
Guang Zhou Ri Bao· 2025-05-08 21:40
Core Viewpoint - The emergence of "accompanying live broadcasts" represents an innovative trend in the online industry, but it also poses significant copyright infringement risks due to unauthorized use of copyrighted materials [1][2]. Group 1: New Trends in Live Broadcasting - Accompanying live broadcasts break traditional live streaming models, providing engaging content that alleviates user anxiety and loneliness [1]. - This new format has led to a high incidence of complex infringement cases, with many streamers acting as "movers" of content under the guise of "secondary creation" [1]. Group 2: Legal Implications and Case Examples - A case reported by the Beijing Internet Court highlighted that a company providing "accompanying watch" services without authorization infringed on the exclusive rights of a popular TV series, resulting in a compensation order of 80,000 yuan [1]. - The court's ruling emphasizes that live streaming platforms and hosts must adhere to copyright laws, as the argument of "technical neutrality" does not exempt them from liability [2]. Group 3: Responsibilities of Streamers and Platforms - Streamers are urged to enhance their awareness of rules and copyright, focusing on producing original content rather than relying on existing works [2]. - Live streaming platforms are called to strengthen their regulatory measures to prevent their platforms from becoming hotspots for copyright infringement [2].
北京怀柔法院:新业态用工劳动争议案,网约车行业占比近四分之一
Xin Jing Bao· 2025-05-08 03:54
Core Insights - The article discusses the rising trend of labor disputes in new employment models in Beijing's Huairou District, highlighting a significant increase in cases from 2022 to 2024 [1] Group 1: Labor Dispute Trends - From 2022 to 2024, Huairou Court resolved a total of 208 labor dispute cases related to new employment models, with 34 cases in 2022, 84 in 2023, and 90 in 2024, indicating a year-on-year increase [1] - The rapid growth in case numbers is attributed to industry expansion, innovative employment models, upgraded industrial structures, and heightened awareness among workers regarding their rights [1] - The majority of disputes are concentrated in four sectors: ride-hailing (23%), food delivery (19%), express delivery (11%), and online streaming (8%) [1] Group 2: Characteristics of New Employment Disputes - New employment disputes exhibit unique characteristics compared to traditional cases, with platform companies using methods like contracting agreements and outsourcing to obscure labor relationships [1] - Workers in new employment models often face a lack of social security, no safety nets, and no bargaining power, leading to significant issues such as absence of social insurance and opaque income distribution [1] - The complexity of identifying labor relationships is exacerbated by the lack of legal knowledge among workers, resulting in difficulties in asserting their rights [1] Group 3: Dispute Resolution Mechanism - To address new challenges, Huairou Court has established a "court + union + arbitration" triadic mechanism aimed at transforming dispute resolution from post-factum adjudication to proactive prevention and mediation [2] - The new mechanism has shown effectiveness, reducing the average case resolution time from 61 days to 53.7 days, and has resolved over 50 cases in bulk [2] - In 2024, there is a notable decrease in cases involving couriers, with a year-on-year reduction of 88.9% [2]
电影“陪你看”、小说“为你读”等高互动性视频娱乐近来爆火,法官提醒—— 任性网络直播 当心被诉侵权(法治聚焦)
Ren Min Ri Bao· 2025-05-07 22:27
Core Viewpoint - The rise of interactive video entertainment through live streaming has led to new forms of copyright infringement, as evidenced by recent cases in Beijing Internet Court [1][2][3]. Group 1: Live Streaming and Copyright Infringement - Live streaming platforms providing services like "watching together" may infringe on exclusive rights held by content owners, as seen in a case where a technology company was sued for allowing users to watch a popular TV series without proper authorization [2][3]. - The court ruled that the technology company's actions constituted copyright infringement, resulting in a compensation order of 80,000 yuan to the original content owner [3]. - The court emphasized that innovation in service models should not come at the expense of others' legal rights, reinforcing the principle of "authorization before use" for live streamers [3][4]. Group 2: Unauthorized Use of Literary Works - A case involving a live streamer who read a novel without authorization highlighted that such actions constitute infringement of the author's broadcasting rights, leading to a compensation order of over 20,000 yuan [4][5]. - The court found that the live streaming platform was not liable for joint infringement as it had taken reasonable measures to manage the content [5]. - The development of new business models like live book readings must adhere to copyright laws, and platforms should ensure effective management of content to avoid liability [5][6]. Group 3: Use of Music in Live Streaming - A case involving an e-commerce live streaming account using copyrighted music as background without payment led to a ruling that the company must compensate the rights holder for damages [6][7]. - The court reiterated that using recorded music in live broadcasts requires payment to the rights holders, reflecting the need for compliance with copyright laws in the digital economy [6][7]. - The prevalence of music-related infringement cases indicates a lack of established authorization models in the live streaming industry, necessitating platforms and streamers to prioritize obtaining rights before usage [7].