Increasing supervision and serious use of the scene
  Central Committee of the Communist Youth League: The chaos of the logos of the young pioneers such as the red scarf and the organization of the Young Pioneers urgently needs to be rectified

  On July 29, 2018, a company in Shanghai invited a Japanese adult film actor to wear a red scarf to participate in "public welfare activities", which caused some netizens to misunderstand that the actor was hired as a young pioneer counselor. The Pudong New Area Market Supervision and Administration Bureau of Shanghai punishes the company according to law-a fine of 1 million yuan and a fine of 300,000 yuan in another case. This is currently the highest penalty for misuse of red scarves.

  Coincidentally. On September 25, 2018, a primary school in Shandong issued a red scarf printed with an advertisement for a shopping mall to primary school students, which once again caused indignation among netizens.

  "Businessmen borrowed red scarves for advertising, which violated laws and regulations such as the Advertising Law and seriously damaged the image and rights of the Young Pioneers organization." On May 21, the responsible comrades of the Youth Division of the Central Committee of the Youth League said in an interview with a reporter from China Youth Daily and China Youth Daily.

  This year, a "Proposal on Multi-sectoral Cooperation to Strengthen the Regulation and Regulation of Young Pioneers and Other Young Pioneers Organizational Marks" (hereinafter referred to as the "Proposal") was submitted to the Third Session of the 13th CPPCC National Committee in the name of the Communist Youth League Central Committee. The "Proposal" pointed out the harm caused by improper use of the Young Pioneers and other Young Pioneers organization logos, and suggested that multiple departments work together to supervise and rectify the law.

Under the interests of "chaos"

  The reporter entered the keyword "red scarf" on WeChat, Weibo, and the national enterprise information query platform "Tianyancha", and found that many online accounts, companies registered under the name "red scarf", and even appeared "red scarf" "star torch" and other text And the pattern is registered as a trademark.

  "Many of them are not very related to the Young Pioneers organization." The comrades of the Youth Department of the Central Committee of the Youth League said, "In recent years, with the support of relevant departments, the Communist Youth League and Young Pioneers organizations at all levels have seriously cracked down on violations of laws and regulations. Some results have been achieved. Although the disposal has been actively and steadily promoted, due to historical and policy factors, violations have not been completely eradicated. "

  In 2019, because some distributors of Anta products used red scarves in commercial promotional activities, the Guiyang Municipal Party Committee and the Guiyang Municipal Market Supervision Bureau conducted an interview with Guiyang No. 1 Company. In the same year, the Tuanguyuan County Party Committee and the County Youth Working Committee found that a restaurant used the Young Pioneer team logo as the store logo during the investigation, and immediately ordered the illegal merchant to make corrections and make corresponding penalties.

  With the development of the short video "blowout", driven by the benefits of gaining traffic and realizing value, some network anchors have concocted multiple short videos that insult the "red scarf" without a bottom line, causing adverse effects.

  In March 2018, 16-year-old Tang Moumou was arrested for 12 days and fined 1,000 yuan for uploading multiple videos of exposed and red scarf fishing on a short video platform for suspected provocation and trouble. Those involved in video recording and forwarding are also punished according to law.

  From the individual to the enterprise, from offline to online, violations of the law and the illegal use of the Red Pioneer and other Young Pioneer organization logos are endless. This is not allowed by morals and laws.

  Therefore, the "Proposal" lists five aspects of illegal use and sales of the Young Pioneer organization logo chaos and its negative effects: the first is the illegal use of red scarves for commercial activities, such as a Hubei company producing "my name red scarves" series yogurt; The second is to use red scarves and other names to register corporate names, trademarks and social organization names; the third is to use unauthorized names such as "red scarves" to register WeChat public accounts and Weibo accounts; the fourth is to produce unqualified or even inferior red scarves; fifth It is a plot of random use or even "spoofing" of red scarves in some film and television works.

  The head of the Youth Department of the Central Youth League said: "As we all know, the red scarf is a symbol of the young pioneers, representing the tip of the red flag, and it means the sacrifice of the revolutionary martyrs. It cannot be taken lightly, and it cannot be used for commercial conduct."

"No pain, no itching" punishment

  If the interest drive is the cause of "chaos," then the low cost of breaking the law is tantamount to being a "catalyst."

  Take the Shanghai company as an example, in which adult film actors are invited to wear red scarves to attend a donation event held at a children's amateur sports school. After the incident, the National Youth Work Commission publicly issued a statement of condemnation. The Shanghai Pudong New Area Market Supervision Department immediately filed a case and conducted an in-depth investigation, evidence collection and hearing in accordance with the law, and imposed a fine of 1 million yuan on the enterprise and a fine of 300,000 yuan in another case. At the same time, the relevant departments of Shanghai and Dehong Prefecture of Yunnan Province seriously dealt with the relevant responsible persons such as the Shanghai Sports Development Foundation, the co-organizer of the event, the Culture, Sports, Radio and Television Bureau of the Dehong Dai Jingpo Autonomous Prefecture in Yunnan Province, and the Children's Amateur Sports School.

  As the representative case of the highest fine in this kind of case, this punishment demonstrates the spirit of the rule of law in accordance with the law to regulate and rectify the illegal use of red collars and other Young Pioneer logos.

  However, in reality, sometimes things are punished with no pain or no punishment. For example, some network anchors produced and distributed videos that insulted the Red Scarf and other Young Pioneer logos and were only required to be removed from the video without being sanctioned by law.

  Last year ’s two sessions, the National People ’s Congress representative Kong Tao put forward “recommendations on the legal and policy protection of the standardized use of the red scarf and other Young Pioneer logos”. He believes: "If the illegal use of the Young Pioneers logo is not effectively curbed, it will cause severe social impact, and it will cause serious damage to the Young Pioneers' organizational image and social image. It is recommended that the procuratorate explore to include such cases into the scope of national public interest litigation and gradually form Regulate the use of the Young Pioneers logo to promote legalization in the judicial field. "

  "For improper use, punishment should be increased and the demonstration effect should be increased to warn market players and regulate market activities." Han Jinwen, an attorney at Anjie Law Firm, said, "Enterprises should obtain before using red collars and other signs of special significance. Approval from relevant departments, otherwise it may constitute illegal use and be subject to administrative penalties. "

Multi-sectoral management

  "Red scarves, team emblems, team flags, drums, etc. are unique to the Young Pioneers organization, with a strong political color and red connotation." Some scholars believe that "blasphemy of the Young Pioneers logo destroys the formation of respect and protection of the Young Pioneers logo in the whole society The atmosphere of consensus. "

  "The Chinese Youth Pioneer Team is a group of 130 million children aged 6-14 who were founded and led by the Communist Party of China." Zhao Qing, general counselor of the Young Pioneers Team in Huaiyin District, Jinan City, Shandong Province believes that "any improper use of the Young Pioneers logo It is not conducive to the spiritual home for the healthy growth of children. "

  The "Proposal" proposes targeted suggestions on the five aspects of the improper use of the existing Young Pioneer logo. It is proposed that the State Administration of Market Supervision and Administration, the Central Internet Information Office, the Ministry of Culture and Tourism, the Ministry of Civil Affairs and other departments should form a concerted effort to manage the law in accordance with the law. Strengthen supervision and rectification.

  For commercial use, the "Proposal" proposes that the market supervision department should include the use of red scarves and other signs into the scope of supervision. For the use of "red scarves", "Young Pioneers", "Star Torch", and Young Pioneer-specific elements or organizational signs for commercial promotion, commercial advertising, etc. Actions should be cracked down according to law, and those who are of a bad nature will be given administrative penalties according to high limits.

  Regarding the production of inferior red scarves, team flags, and team emblems, the "Proposal" suggests that the market supervision, network information, industrial information and other departments should promptly clean up manufacturers with unqualified production and a large number of fake and inferior products, which affect badly, and severely crack down according to law.

  For enterprises or social organizations to use the "Red Scarf" and other Young Pioneer logos and team song names to register business names, trademarks and social organization names, the "Proposal" recommends that market supervision and civil affairs departments strictly control such registration activities. If the relevant name has been used for registration, an effective solution will be negotiated and the deadline for change or cancellation.

  "Commercial use of the Young Pioneer logo and name or application for registered trademarks is contrary to its specific spiritual connotation." Said Liao Huaixue, a lawyer from Taihetai Law Firm. "This is also not in line with the" Chinese Junior Pioneer Red Scarf, Team Flag, Team Logo, Team Committee (Captain) Regulations on the Use of Logos and Team Songs, "Advertising Law", "Trademark Law" and other relevant provisions. "

  For illegal or unauthorized use of "Red Scarf" and other Young Pioneer organization logos registered WeChat public account, Weibo and other acts, the "Proposal" recommends that the network information department should rectify within a time limit, with full consideration and protection of the interests of all parties, maintain it The image and reputation of the Young Pioneers organization.

  How to correctly and legally use and publicize the "Red Scarf" and other Young Pioneer organization signs for film and television works? The "Proposal" recommends that the press, publishing, broadcasting, and cultural market management departments establish a scientific review system and improve the joint review mechanism for film and television works related to the "red scarf."

  China Youth Daily · China Youth Daily trainee reporter Wang Shanshan Source: China Youth Daily