标签归档 西安品茶网

　　Recently, a reply circulated in Zhihu about "What do you think is useless to report, but actually useful?" triggered a heated discussion among netizens. The net post tells the whole process that the client took the restaurant to court because he ate a hair in beef noodles and finally succeeded in defending his rights. Many people rated it as "the most comfortable rights post". A few days ago, Judge Shui of Haishu District Court, Ningbo City, Zhejiang Province, who participated in the trial of the case, exclusively restored the whole story of the case in an interview with Beijing Youth Daily reporter, and suggested "how to correctly defend rights".

　　Consumers eat their hair.

　　Sue the restaurant for a thousand dollars.

　　On July 2, when Xiao Hai (pseudonym) was eating noodles in a noodle restaurant in Ningbo, he found a hair in the bowl that was longer than noodles, so he called the waiter to ask. Unexpectedly, the waiter was very arrogant. Instead of apologizing, he said, "It’s normal to have a hair! Shall I change a bowl for you? " After Xiaohai refused to change a bowl, the waiter said, "Do whatever you like." Xiao Hai, who was angry, called the consumer rights hotline to apply for mediation, demanding "one refund and three compensation", but was rejected by the restaurant. Finally, Xiao Hai successfully solved the matter through legal channels.

　　When the reporter of Beiqing Daily contacted Xiaohai, he had returned to the normal pace of life. "I have to work overtime every day and I am very busy." But when talking about the experience of defending rights a month ago, he felt that his "trueness" was necessary.

　　Xiaohai introduced in the net post that he went to the Haishu District People’s Court in Ningbo to submit the indictment on July 6, and successfully completed the filing procedure with the patient assistance of the staff in the court self-service filing area. On the 11th, the two sides rushed to the court mediation center for mediation again. During the mediation process, Xiaohai invoked Article 148 of the Food Safety Law of People’s Republic of China (PRC) and asked the store to "refund one and compensate one thousand", but there was a big gap with the store’s proposal of "refund one and compensate ten", and the mediation ended in failure again.

　　On July 18th, the People’s Court of Haishu District, Ningbo City filed a case on this matter. Xiaohai, as the plaintiff, insisted on his claim and asked the defendant restaurant to "refund one for one thousand".

　　The last pre-trial mediation

　　The restaurant let go and agreed to pay compensation

　　According to the original plan, the case will be heard on August 15. But before the trial, the case ushered in a turning point.

　　The judge in charge of hearing the case, Shui Hongdong, told the reporter of Beiqing Daily that the case did not enter the trial because the two sides reached an agreement in the last pre-trial mediation and the store agreed to Xiaohai’s request of "returning one and paying one thousand".

　　The store persisted for so long, why did it suddenly agree to Xiaohai’s request before the court session? Judge Shui explained: "The attitude of both parties in the pre-trial mediation after filing the case is relatively mild. Although the previous two mediations were unsuccessful, this pre-trial mediation is the last pass. If mediation fails again, it will be pronounced in court. The defendant may also feel that if he can’t adjust this time, he will go to court for judgment. The judgments must be made public according to law and can be found online, which has a bad influence on the reputation of their store. After all, they are a chain store and pay more attention to their own brands. "

　　Judge Shui said that the final success of pre-trial mediation mainly depends on the communication between the two parties, and the court mediation is also carried out according to the wishes of both parties. "Our mediation also requires that we must follow the law. At that time, the plaintiff directly laid out the specific provisions of the Food Safety Law as the basis, and the mediation process was very smooth. "

　　Accountability is the right of consumers.

　　Rights protection cases are on the rise.

　　According to Judge Shui, although there are not many cases brought to court because of a single hair like this case, similar consumer rights protection cases are very common. "Now consumers’ awareness of rights protection is increasing, and the younger people are, the stronger their awareness of rights protection is, and such consumer rights protection cases are also on the rise in our court."

　　The special feature of this case is that the amount involved is small, and most people will choose not to do it after such an event. In this regard, Judge Shui believes that choosing to pursue responsibility is the right of consumers. "Some people may think that he is too serious, but this comparison is really in line with the law and is the personal right of consumers. It is still good to have such a positive awareness of rights protection. On the one hand, it can safeguard its own interests, on the other hand, it can also supervise enterprises to operate more legally and in compliance. This is a mutually beneficial thing in itself, which will make the market ecological environment better and better. If everyone doesn’t respond to this kind of thing, then the wrong business will only become more and more rampant. "

　　Judge Shui said that there was a certain degree of mobility in the case that a single hair finally triggered a lawsuit. "Similar situations are very common in life. If the waiter in the hotel had a better attitude, apologized and gave a new face, the two sides might not have come to this stage of litigation."

　　Text/reporter Kong Lingqi

　　judge

　　The "receipt and hair photos" kept by the plaintiff are of great significance.

　　After the incident attracted attention, some people thought that it might be Xiao Hai’s "self-directed and self-performed" touching porcelain. In response to this statement, Judge Shui said: "For this case, it is not convenient to express opinions because there is no trial. However, the Consumer Protection Law and other relevant laws clearly point out that consumers are in a weak position and generally need to be inclined to protect them, which is stipulated by law. In addition, from a common sense point of view, I personally think that ordinary consumers will not make similar moves. After all, there are a few people who will do so. "

　　When it comes to going through legal procedures, some people will inevitably worry that going through legal channels will not only cost a lot of money, but also cost a lot of time. Judge Shui introduced that it is very convenient to go through the litigation procedure now. "Ningbo has now set up a mobile micro-court, which can file a case on the spot, online or by mail. You only need to install a WeChat applet on your mobile phone to go through the whole litigation process. That is to say, the court is in Ningbo, but the party is in Beijing. He can hold a court session directly without going to the scene to participate in the trial, so it is particularly convenient. "

　　As for the issue of legal fees, Judge Shui said that many consumer rights protection cases are very simple and clear now, and relevant legal provisions can be directly found on the Internet as the basis of litigation. "For example, in this case, neither party hired a lawyer to defend, and the legal fees are not high, only 25 yuan."

　　Judge Shui suggested that when consumers defend their rights, "the first thing is to enhance their legal awareness and learn to use legal weapons to protect their rights and interests. When you put the legal provisions clearly in front of the other party, he has nothing to say; The second is to keep evidence in time when encountering problems. Evidence is very important, and we all say ‘ Evidence is the soul of litigation ’ The final handling of the case still depends on the evidence given by both parties. Like this case, the plaintiff consciously left a receipt for beef noodles and a photo with hair in it, which played a great role in the final mediation. The third is to enhance their awareness of rights, and not always eat ‘ Yabakui ’ Let’s not make trouble or be afraid of trouble. Now is the Internet age, and everything is very convenient, including court proceedings, which can also be conducted online. "

　　[Global Times special correspondent Li Yong Liu Yupeng Wei Hui] What card is Putin playing? With the approaching of the American election, the accusation of "Russian interference in the election" is getting louder and louder in the United States. Under this background, Russian President Vladimir Putin unexpectedly put forward a proposal of "attacking from defense" on the 25th — — Call for an agreement with the United States to "restart" the relationship between the two countries in the field of information security and not interfere in each other’s internal affairs such as the election process.

　　Some American media described the proposal as a "cyber truce", arguing that Russia’s move was on the one hand to prove its innocence, and on the other hand to prepare for the "post-Trump era" in which Biden might win the election. However, this well-intentioned proposal was quickly rejected by Washington, and a spokesman for the US National Security Council said that the proposal "may be to create further divisions in the United States." This result is expected by Russian analysts. In the eyes of Russian media, the United States has gone further than anyone else in conducting information warfare and interfering in elections, and has more means than anyone else. How can it be willing to "tie itself up"?

　　The United States quickly refused, and China "lay a gun."

　　"One of the main strategic challenges of our time is the risk of large-scale confrontation in the digital field, and the special responsibility for preventing such conflicts falls on key participants in the field of international information security." According to Reuters, the Kremlin issued Putin’s statement on 25th, calling on the United States and Russia to reach an agreement to ensure that they will not interfere in each other’s elections through the Internet. The statement said that Russia and the United States need to promise each other not to interfere in each other’s internal affairs, including the election process, by means of information technology and high technology.

　　According to the report, Putin suggested that the two countries reach an agreement to prevent major events in cyberspace. The agreement is similar to the Agreement between the United States and the Soviet Union on the Prevention of Accidents on the High Seas and Over the Sea signed in 1972 at the height of the Cold War. RIA Novosti said on the 26th that Putin called on the two countries to resume comprehensive inter-departmental dialogue on key issues to ensure international information security, and to keep the communication channels between the competent departments of the two countries unimpeded and effective in reducing nuclear dangers and computer accidents. Putin finally pointed out: "I propose to all countries, including the United States, to conclude a global agreement, and all countries make political commitments not to use information and communication technologies to attack each other first."

　　"Unexpected and somewhat mysterious," Buzzfeed News Network described Putin’s statement. The New York Times reported Putin’s proposal with the title "Putin wants a truce on the Internet, but denies Russian interference". The article emphasizes that apart from soothing language, the statement does not imply that Moscow is prepared to make any specific concessions.

　　Such a constructive proposal was quickly rebuffed by the United States, and China was once again "lying down". The New York Times said that US National Security Council spokesman John Uliott responded to Putin’s proposal: "When Russia, China, Iran and other countries try to undermine our election process, it is difficult for us to take such remarks seriously." Uliot also said: "This proposal may be to further create division in the United States." Buzzfeed News Network said that the White House understood Putin’s call for Russia and the United States not to interfere in elections, and made its own response: Russia should stop interfering first. A senior White House official said: "The starting point of good consultations is that Russia will stop its ongoing interference in the US election."

　　The response of the United States is expected for Russia. Russian newspaper Izvestia reported on the 26th that Chepa, vice chairman of the International Affairs Committee of the Russian State Duma, said that Russia has repeatedly proposed to the United States to strengthen cooperation in all directions. Unfortunately, the United States has always rejected this. Even if the American political circles still have no positive views on Putin’s initiative, it will be more difficult for the United States to accuse Russia of interfering in its general election, because Russia has extended its own hands and called for cooperation. Lozansky, president of American University Moscow, said that some political elites in the United States are firmly opposed to improving relations with Russia. Trump may want to cooperate, but any positive signal is not good for his campaign.

　　Russia prepares for the "post-Trump era"

　　Why did Russia put forward such a proposal when it knew that it might encounter a rebuff? In the opinion of public opinion, this is a tactic adopted by Moscow in the current situation. Originally, the accusation of "Russian interference in the 2016 presidential election" has been going on in the United States, and with the approaching of the new election polling day on November 3, the new accusation of Russian interference in the US election is once again rampant.

　　The New York Times said that with less than six weeks to go before the US presidential election, Biden, a former vice president who bluntly criticized the Kremlin, may enter the White House. Putin’s appeal at this time, at least to some extent, is to show a more friendly face in response to the recent statement of American officials that "Russia has secretly increased its efforts to weaken Biden." Christopher Babers, director of the Federal Bureau of Investigation (FBI), warned last week that Russia is actively carrying out actions against Biden and spreading false information. According to Washington post, the US Central Intelligence Agency (CIA) assessed in August that Putin and his senior aides "know and may guide Russian influence actions" to weaken Trump’s opponent Biden in the 2020 general election.

　　"Putin is ready for a future without Trump," Bloomberg said. People close to the Russian leadership said that although few people think that if Trump is re-elected, relations between the two countries will have improved prospects, Biden’s election will be bad news for Russia. Kremlin analysts are stepping up the deduction for Biden’s election as president. According to informed sources, Russia is increasingly worried about the prospect of the White House without Trump, and is trying to determine what this means for sensitive issues from nuclear weapons to energy exports and sanctions.

　　According to reports, Moscow’s fascination with Trump has faded. Russian officials said that no matter who is in the White House, the "Russian phobia" in the American system will not change. However, the two candidates have different attitudes towards Russia. Trump said last week that China and postal voting are more threatening than Russia; Biden, on the other hand, said that he would make Moscow pay the price for interfering in the election and regard Russia as an opponent.

　　Russia has always firmly denied the allegations of interference in the general election. "Russian Intervention 2.0", Sputnik said that although no substantial evidence of Russian intervention in the 2016 US election process could be found before, some US officials began to claim that Moscow once again used "a series of measures" to intervene in the 2020 election and "vilify" Democratic presidential candidate Biden. In recent weeks, American officials have stepped up their accusations. The Kremlin denied this, calling it "nonsense". Russian Foreign Minister Sergei Lavrov stressed in his statement on 25th that, as we have repeatedly pointed out, the statement about Russia’s intervention in American elections is groundless. "We are in favor of professional and constructive discussion on all existing issues and propositions at the negotiating table".

　　"Frozen soil covers US-Russia relations"

　　"If the United States is worried that Russia and other countries will interfere in the general election, then it should sign an information non-aggression agreement as proposed by Putin." Sputnik quoted Shatilov, a professor at the University of Finance and Economics of the Russian Federal Government, as saying on 26th that we saw how the United States carried out active information publicity activities for other countries, but at the same time accused other countries, especially Russia, of interfering in its elections. The United States has been launching an information war all over the world, never considering ethics. It has allocated huge sums of money from its budget to carry out information publicity activities in Russia, Belarus and other countries. It is impossible for the US government to give up this tool of interfering in other countries, so it will find reasons to reject the Russian proposal. Russia’s "Today’s Economy" said that no matter what the outcome of the US election in November is, the United States will accuse other countries of interfering in the election.

　　"Frozen soil covers US-Russian relations", and the article in "Asia Times Online" on 25th vividly describes the situation of US-Russian relations — — Even with a president like Trump, it is difficult to change. In addition to the quarrel about "interference in the general election", the article refers to the recent poisoning incident of Russian opposition figure Navalny, saying that a group composed of senators from both parties in the United States proposed to impose further sanctions on Russian officials.

　　"The relationship between Russia and the West has further deteriorated in recent weeks." The New York Times said that Lukoyanov, a Moscow foreign policy analyst who advises the Kremlin, said that the cybersecurity proposal highlights that Putin’s mood is much more relaxed now than it was at the height of the Ukrainian crisis five years ago. However, he said that the United States has a deep-rooted distrust of Russia, and he does not expect Washington to take the proposal seriously. If Biden is elected president, relations between the two countries may deteriorate further.

Writing Chinese modern

Folk literature and art chapter

Pan Lusheng

Vice Chairman of China Federation of Literary and Art Circles

Chairman of China Folk Writers Association

　　In the new era, the General Secretary of the Supreme Leader deployed the cultural development strategy from the historical height of the great rejuvenation of the Chinese nation, and put forward the methodology of "creative transformation and innovative development" of Chinese excellent traditional culture, which made strategic guidance for folk literature and art undertakings to broaden their development horizons, enhance their cultural height and fulfill their literary mission. At the symposium on cultural inheritance and development, the Supreme Leader further analyzed the important role of cultural construction in the new era and the development of Chinese modern civilization in the process of Chinese modernization, creatively explained the characteristics of Chinese culture, and innovatively put forward the development proposition of Chinese modern civilization, which pointed out the direction for literary and art workers to undertake the cultural mission in the new era. General Secretary of the Supreme Leader stressed that it is the only way to combine the basic principles of Marxism with the concrete reality of China and the excellent traditional Chinese culture. General Secretary of the Supreme Leader pointed out, "‘ The second combination ’ It is another ideological emancipation, which enables us to make full use of the valuable resources of Chinese excellent traditional culture in a broader cultural space and explore future-oriented theoretical and institutional innovations. " The spirit of the important speech of the Supreme Leader General Secretary guides us to further develop folk literature and art from the rescue and protection of intangible cultural heritage to inheritance and dissemination, from record arrangement to creative transformation, from guardian training to innovative development, further eliminating the gap between professional research and practical practice, and breaking the dilemma of protection and development.Solve the bottleneck of traditional folk literature and art to empower contemporary life, and make folk literature and art glow with new vitality and vitality in the new era and new life.

Shengshi xiuwen

Promote two major projects

　　To carry out the important deployment of the Supreme Leader General Secretary’s "Writing in a Prosperous Age", we should solidly promote the "Publishing Project of Chinese Folk Literature Series" and "China Folk Craft Inheritance and Dissemination Project". The two major projects, "Literature" and "Art", complement each other, aiming to further promote the inheritance and development project of Chinese excellent traditional culture, compile and publish a large family of folk literature handed down from generation to generation, compile and sort out folk crafts that have been in a state of loss for a long time, systematically collect and spread the cultural creations of the people throughout the ages, and file and record the oral literature and craft experience of the people, make a statement and keep an ambition, and inherit and spread them.

　　At present, under the guidance of the important speech of the Supreme Leader General Secretary, it is necessary to further strengthen the inheritance and dissemination on the basis of the rescue and protection of the intangible cultural heritage of folk literature and art, so that the professional literature achievements can fully enter the public view and blend into the information context, so that the literature achievements of folk literature can be integrated into the inheritance and development system of Chinese excellent traditional culture, stimulate vitality in the inheritance and dissemination, further build the consensus and enthusiasm of the whole society for Chinese excellent traditional culture, and condense a powerful spiritual force to realize the great rejuvenation of the Chinese dream. Especially in the new media era, the Internet and mobile terminals are widely used, and Weibo, WeChat, short videos and webcasts have become the main platforms and channels for social mass cultural acceptance, information dissemination and interactive communication. Excellent folk literature works should be further disseminated and communicated on emerging platforms, thus promoting the inheritance, dissemination and application of folk literature traditions. Specifically, we can combine micro-movies, short videos, self-media, online literature, mobile games, cultural and creative design and other innovative content experiences and interactive exchanges, such as experts’ suggestions, establish folk literature video numbers and Tik Tok numbers in relevant regions and categories, and make cartoons, micro-movies, documentaries, interviews and short videos of classic folk literature, so that folk literature can adapt to new media and use new media to protect and spread folk literature. At the same time, we should prosper the current folk literature creation, tell the life of the times, and integrate into the spirit of the times, so that folk literature can become an important carrier to express the new era and tell the new life. We should push forward two major projects in a down-to-earth manner.Draw the strength of the new era in the inheritance and dissemination of folk literature and art, and make the excellent folk literature and art tradition become the cultural source and nutrient of life in the new era.

upholding fundamental principles and breaking new ground

Stimulate the vitality of folk literature and art

　　In his important speech at the forum on cultural inheritance and development, General Secretary of the Supreme Leader pointed out, "‘ Combination ’ Opened up the space for innovation, let us master the ideological and cultural initiative, and effectively act on the road, theory and system. " In the new era, with the cultural self-confidence of the whole society becoming more firm, the folk literature and art undertakings are further deepened and expanded from professional guarding inheritance to socialized innovation and development. For example, folk arts and crafts are combined with cultural creation and domestic products in the new era to form a national style and tide with distinctive Chinese cultural style; Folk literature and folk dance are combined with information technology and media platforms in the new era to form a series of film and television works, online programs and even cultural communication brands that have won wide acclaim; There are also different kinds of folk literature and art creation and practice, which are combined with the cultural experience and educational needs of the public to form a new form and path for the development of folk literature and art. When the folk wisdom of "skillful materials and artistic design" is integrated into today’s production, when the weather of the prosperous Tang Dynasty and the demeanor of Wei and Jin Dynasties are integrated into today’s fashion brand, it will not only develop and drive the industrial economy, but also a series of traditional crafts, living culture and aesthetic spirit. I believe that the identification and inheritance of culture will lead to a series of specific practices, and folk literature and art will be integrated into the trend and details of life, so that our excellent cultural traditions will be more vibrant and energetic.

　　General Secretary of the Supreme Leader pointed out: "Chinese-style modernization gives Chinese civilization modern strength, and Chinese civilization gives Chinese-style modernization a profound foundation." In order to thoroughly study and implement the profound thought of "two combination" and keep a long tradition of folk literature and art, we should make in-depth exploration, strive to make folk literature and folk stories become precious resources to tell the story of China in the new era, empower the fashion industry with folk crafts, promote folk activities and traditional festivals to become important cultural experiences such as rural tourism, sing the strongest voice of Chinese local art with folk songs, integrate folk dance into aesthetic education in colleges and universities, and make the research results of folk literature and art become an important part of social science and participate.

Continuous context

Writing contemporary Chinese chapter of folk literature and art

　　General Secretary of the Supreme Leader stressed that to continue to promote cultural prosperity, build a cultural power and build a modern civilization of the Chinese nation at a new historical starting point, we should strengthen our cultural self-confidence, stick to our own path, base ourselves on the great historical practice and contemporary practice of the Chinese nation, sum up China’s experience with China Theory, upgrade China’s experience to China Theory, and realize spiritual independence. The important speech of the Supreme Leader General Secretary instructs us to proceed from the historical context and practical practice, to be confident and self-reliant in culture and independent in spirit, and to constantly accumulate, summarize and upgrade from China’s practice, China’s experience to China’s theory, so as to build the modern civilization of the Chinese nation. The important speech of the Supreme Leader General Secretary instructs us to combine literary practice with discipline construction, experience exploration with theoretical research, cultural inheritance with ideological construction, strengthen experience summary and theoretical sublimation, make the discipline system, academic system and discourse system of China folk literature and art a strong support for practice, and make ideological and spiritual self-improvement a strong driving force for the construction of Chinese modern culture and the development of civilization.

　　Throughout the ages, the inheritance and development of China’s folk literature and art are closely related to the inheritance and changes of China people’s lifestyle, cultural psychology and spiritual world. We should consciously grasp the diverse composition and representative form of folk literature and art, the frontier of academic research and the innovation of creative development, grasp the development process of folk literature and art, and grasp the social life and people’s feelings in the new era. On the basis of the historical context and practical practice of China’s folk literature and art, we should serve to promote the discipline construction of "Intangible Cultural Heritage", and further construct the discipline system, academic system and discourse system of China’s "Folk Literature and Art", so as to deepen and upgrade from China’s practice to China’s experience and China’s theory, and make folk literature and art play a creative and cohesive role as an organic part of the modern civilization of the Chinese nation. In the process of summing up experience and theoretical promotion, through the inheritance and dissemination of excellent folk literary traditions, we will explore and carry forward the deepest spiritual pursuit and unique spiritual identity of the Chinese nation and constantly consolidate the cultural and spiritual strength of national rejuvenation; In the implementation of the rural revitalization strategy, give full play to the deep role of folk literature and art in maintaining homesickness memory and helping the development of rural cultural industries to achieve cultural wealth creation; In the adjustment of China’s economic structure and industrial transformation and upgrading, folk literature and art should play the role of "cultural IP" to empower the development of the industry, and form the linkage and superposition effect of folk literature, folk crafts and folk activities with the tourism industry;In the development of cultural construction, education and people’s livelihood, folk literature and art are used as colorful carriers such as festive songs, local scenes and national epics, further increasing the people’s sense of gain and happiness.

　　In short, the important speech of the Supreme Leader General Secretary at the forum on cultural inheritance and development has made an epoch-making strategic plan for the cultural development of Chinese modernization, strengthened our confidence and determination in building a cultural power and building a modern civilization of the Chinese nation, and made important direction and methodological guidance for deepening the understanding of the regularity of cultural construction and better shouldering the new cultural mission. We should study deeply, deeply understand, in the practice of folk literature and art development, do a good job in guarding and inheriting the traditional context, and strive to carry forward the cultural spirit in it, and work hard to write Chinese-style modern folk literature and art chapters at a new historical starting point.