The person in charge of the First Civil Tribunal of the Supreme People's Court answered reporters' questions on "Opinions on Providing Judicial Services and Guarantees for Promoting Consumption" and "Opinions on Providing Judicial Services and Guarantees for Stable Employment"

　　On December 27, the Supreme People's Court issued the "Opinions on Providing Judicial Services and Guarantees for Promoting Consumption" (hereinafter referred to as "Opinions on Promoting Consumption") and "Opinions on Providing Judicial Services and Guarantees for Stable Employment" (hereinafter referred to as "Stable Opinions"). "Opinions on Employment"), the person in charge of the First Civil Division of the Supreme People's Court answered questions from reporters on the "Opinions on Promoting Consumption" and "Opinions on Stabilizing Employment".

　　Question 1: The Central Economic Work Conference pointed out that the recovery and expansion of consumption should be given priority.

May I ask what powerful measures does the "Opinions on Promoting Consumption" have in enhancing residents' consumption confidence and willingness to consume?

　　Answer: Consumption plays a fundamental role in economic development. The "Opinions on Promoting Consumption" starts from three aspects to enhance consumer confidence and increase consumption willingness:

　　First, on the consumer side, strengthen the protection of consumer rights and interests, so that consumers can consume with confidence.

First of all, implement the "four strictest" requirements, cut off the "black workshop" food and drug production and operation chain, and protect the people's "safety on the tip of the tongue" and "safety on the tip of the needle".

Secondly, severely rectify the stubborn problems in the consumption field such as "overlord clause", consumption fraud, and prepaid consumption "routine" consumers.

The opinion stipulates that if there is a dispute over the standard terms, an explanation in favor of consumers should be made in accordance with the law; if the functions of treatment, health care, and health preservation are exaggerated or fabricated, and the sale of inferior-quality and high-priced goods or services to elderly consumers constitutes fraud, an explanation should be made in accordance with the law. Bear the responsibility for punitive compensation; after the consumer deposits the expenses in advance, if the operator "runs away" with the money and constitutes fraud, he shall bear the liability for punitive compensation in accordance with the law.

Third, strengthen the protection of consumer rights and interests in online consumption.

If minors recharge online games or donate too much in online live broadcasts, consumers have the right to request refunds in accordance with the law; operators must not refuse to provide goods or services on the grounds that consumers do not agree to process personal information; The buyer has the right to request an unconditional return.

　　Second, on the production and operation side, protect corporate property rights, management autonomy, and intellectual property rights, encourage fair competition, technological innovation, and play the supporting and leading role of the supply side in consumption.

The Opinion stipulates that illegal restrictions on the construction of car charging facilities by producers and operators and unreasonable obstacles to the construction of car charging facilities by owners shall be regulated in accordance with the law to help resolve the congestion points in the consumption of electric vehicles; legally rectify dishonest litigation behaviors such as false lawsuits in the field of intellectual property rights, and serve the interests of science and technology. Innovate to create a good legal environment; grasp the "traffic lights" in the development of the platform economy, stabilize development expectations, and stimulate investment vitality; support the integrated development of online and offline commodity consumption in accordance with the law, and help cultivate new types of consumption; properly handle disputes arising in the sharing economy field, support and guide the healthy development of new life and consumption patterns; protect the new individual economy in accordance with the law, support social e-commerce, webcasting and other diversified business models; properly handle small and micro enterprises, individual industrial and commercial households rent disputes, and ensure orderly production and operation, consumption and supply Stablize.

　　Third, in terms of market order, maintain an honest, fair and efficient market order, promote honest and trustworthy operations by operators, and ensure that consumers consume clearly.

Opinion requirements, severely crack down on criminal activities such as telecommunications and network fraud, and curb dishonest behaviors that deceive consumers; regulate e-commerce platforms and other market players in accordance with the law to implement monopoly high prices, compulsory "choose one", discriminatory treatment, fraudulent use of orders, Compulsory tying and other monopolistic and unfair competition behaviors to create a market environment for fair competition; actively connect with the market supervision department's consumer dishonesty list system, improve the mechanism of incentives for keeping promises and punishment of dishonesty, and help strengthen the construction of a consumer credit system, and promote the construction of a credit system that is conducive to strengthening consumption Confidence in the social credit system; properly handle cases involving commodity circulation, ensure the normal circulation of commodities, implement the requirements of "coordinating epidemic prevention and control with economic and social development", and promote the construction of a unified national market.

　　Question 2: The Central Committee of the Communist Party of China and the State Council have issued the "Strategic Planning Outline for Expanding Domestic Demand (2022-2035)". What important measures does the "Opinions on Promoting Consumption" put forward for the people's courts to implement the Outline?

　　A: The "Strategic Planning Outline for Expansion of Domestic Demand (2022-2035)" puts forward clear requirements for "promoting consumption in an all-round way and accelerating consumption upgrading and upgrading".

The "Opinions on Promoting Consumption" stipulates the outline of the benchmarking table, and proposes the following four important measures.

　　One is to help increase traditional consumption.

First, protect food and drug safety with the strictest measures, guide producers and operators to gain competitive advantages by improving the quality of goods and services, and help improve basic consumption quality such as food and clothing.

Secondly, properly handle consumer travel disputes to help release the potential of travel consumption.

Again, properly handle disputes over housing sales contracts.

Determine the validity of housing sales contracts in accordance with the law, strictly protect legally established and effective housing sales contracts, maintain market order, promote the healthy development of residential consumption, and help achieve the goals of stabilizing land prices, housing prices, and expectations.

　　The second is to guarantee the development of service consumption.

First of all, strengthen the copyright protection of cultural and creative works, promote the development of high-quality cultural resources and the creative transformation and innovative development of excellent traditional Chinese culture, and help increase the supply of high-quality cultural products and services.

Secondly, protect the legitimate rights and interests of elderly consumers, serve the coordinated development of the elderly care industry and the elderly care industry, help the development of the silver economy, properly handle service contract disputes such as childbirth, childcare, and education, and promote the development of elderly care and childcare service consumption.

Third, properly handle medical and health service and sports consumption disputes, severely punish "doctor troubles" in accordance with the law, build a harmonious doctor-patient relationship, and guide medical institutions and other entities to increase high-quality medical care, health care, rehabilitation, health tourism and other services.

Properly handle all kinds of disputes arising from sports consumption and promote mass sports consumption.

　　The third is to serve and cultivate new types of consumption.

First of all, it promotes the digital transformation, transformation and upgrading of traditional offline business formats, and helps the development of new retail formats such as smart supermarkets, smart stores, and smart restaurants.

Secondly, properly handle disputes arising from new service types such as "Internet + social services" and "Internet + medical and health" services, and support the development of new types of consumption models such as contactless transaction services in accordance with the law.

Thirdly, properly handle disputes arising from shared travel, shared accommodation, shared tourism, and other shared economic fields, reasonably determine the duty of care and legal responsibility of relevant civil subjects, and support and guide the healthy development of new ways of life and consumption.

Finally, protect the new individual economy in accordance with the law, support and protect diversified business models such as social e-commerce and webcasting.

　　The fourth is to improve the working mechanism of promoting consumption.

First, accurately apply online litigation rules, online mediation rules and other regulations, and continuously improve the quality and efficiency of online resolution of consumer disputes.

Secondly, improve the connection mechanism between consumer civil public interest litigation and private interest litigation, explore the establishment of a food safety civil public interest litigation punitive compensation system and a consumer class action system, and make full use of the small claims litigation system to protect the legitimate rights and interests of consumers in a timely and efficient manner.

Third, actively build a multi-governance system involving multiple parties such as judicial agencies, administrative agencies, consumer organizations, and industry associations, and improve the diversified consumer rights protection mechanism and dispute resolution mechanism.

Finally, give full play to the exemplary and leading role of judicial judgments, guide producers and operators to operate honestly and trustworthily, advocate an economical and intensive green lifestyle, and create a safe, honest and secure consumption environment.

　　Question 3: The Central Economic Work Conference pointed out that it is necessary to implement the detailed employment priority policy and put the employment promotion of youth, especially college graduates, in a more prominent position.

What judicial services and safeguards does the "Opinions on Stable Employment" provide for the employment of college graduates?

　　Answer: The employment of college graduates is related to people's livelihood and well-being, economic development and the future of the country.

According to statistics, the number of college graduates in my country has exceeded 10 million this year, a record high.

The central government attaches great importance to the employment of college graduates and has adopted a series of policies and measures. The General Office of the State Council has specially issued the "Notice on Further Improving the Employment and Entrepreneurship of College Graduates and Other Youth", in order to do a good job in the current and future period of college graduates and other youth entrepreneurship. Employment arrangements are made.

The "Opinions on Stabilizing Employment" is based on the functions of the people's courts and provides powerful judicial service guarantee measures for the employment of college graduates.

　　First, resolutely oppose employment discrimination.

Properly hear cases of disputes over the right to equal employment, resolutely correct employers’ failure to recruit or sign labor contracts due to gender discrimination and geographical discrimination, remove various unreasonable restrictions, and promote equal employment for college graduates.

　　The second is to safeguard legal employment rights and interests.

Crack down on illegal and criminal activities such as "black job agencies", false recruitment, and selling resumes in accordance with the law, try cases involving employment trainee disputes in accordance with the law, and properly determine the legal relationship involving employment and trainee employment.

For fresh graduates who are unable to leave school on time due to the impact of the epidemic, when dealing with related cases, employers should be guided to postpone the time for signing contracts, and the time limit for registration and reception, file transfer, and settlement processing should be extended accordingly.

　　The third is to properly handle disputes involving the probationary period.

College graduates who are unable to return to work due to the impact of the epidemic during the probationary period can guide employers to adopt flexible probationary inspection methods to assess whether they meet the recruitment conditions; The assessment purpose period can be negotiated and not counted in the original agreed probation period. If the employer exceeds the statutory probation period limit by extending the probation period in disguise, the people's court will not support it.

　　The fourth is to improve the convenient recruitment mechanism for political and legal graduates.

The people's courts scientifically set up judicial auxiliary posts, deepen the implementation of the standardized and convenient recruitment mechanism for grassroots judge assistants, smooth the employment channels for college graduates majoring in political science and law to enter grassroots people's courts, and expand employment positions.

　　Question 4: The report of the 20th National Congress of the Communist Party of China pointed out that it is necessary to strengthen the protection of the rights and interests of workers in flexible employment and new employment forms, and to support and standardize the development of new employment forms.

In recent years, with the continuous development of the platform economy and new employment forms, it has become a basic consensus to protect the legitimate rights and interests of workers and promote the orderly and healthy development of the platform economy. What provisions does the "Opinions on Stabilizing Employment" make for the identification of new employment forms of labor relations?

　　A: In recent years, the platform economy and new forms of employment have flourished, and various flexible employment models have absorbed many laborers.

According to data from the National Bureau of Statistics, in 2021, the number of flexible employees in my country will reach about 200 million; some platform delivery riders will reach more than 4 million.

The "Opinions on Stabilizing Employment" promotes the implementation of the "Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Laborers in New Employment Forms" issued by eight departments including the Ministry of Human Resources and Social Security and the Supreme People's Court last year, and insists on protecting the legitimate rights and interests of workers in new employment forms and promoting the platform economy. In combination with the healthy development of the law, the following provisions are made on how to identify the new employment form of labor relations:

　　The first is to clarify the consideration factors for determining the labor relationship based on the fact of employment.

To establish labor relations with workers, platform enterprises and their labor cooperation units shall conclude written labor contracts.

Where no written labor contract has been concluded and the laborer claims to have a labor relationship with the platform enterprise or the employment cooperation unit, the people's court shall comprehensively consider the degree of the laborer's independent determination of working hours and workload, the labor process and the labor process, based on the employment facts and the degree of labor management. Factors such as the degree of management control, whether employees need to abide by relevant work rules, labor discipline and reward and punishment methods, the continuity of employees' work, whether employees can decide or change transaction prices, etc., shall be prudently determined in accordance with the law.

　　The second is to clearly identify the principle of employment legal relationship based on facts.

Where platform companies or employment cooperation units require employees to register as individual industrial and commercial households before signing contracts, cooperation contracts, etc., or avoid establishing labor relations with employees in other ways, if the employees request to determine the labor relationship based on actual performance, the people's court shall Make corresponding determinations according to law on the basis of ascertaining the facts.

　　The third is that it does not fully comply with the reference guarantee for the establishment of labor relations.

If the enterprise does not fully meet the conditions for establishing a labor relationship, but the enterprise manages the labor of its employees, it can combine the relevant provisions of the "Guiding Opinions on Safeguarding the Labor Security Rights and Interests of Laborers in New Employment Forms" to protect laborers' access to labor remuneration, rest guarantees, safety and hygiene according to the law. security, corresponding social security and other rights and interests.

Where laborers claim that due to non-subjective factors such as force majeure, acts of righteousness, emergency assistance, and obviously unreasonable workload or labor intensity, they complete work tasks beyond the time limit or receive bad reviews from consumers, and claim that due remuneration cannot be deducted, the people's court shall support it in accordance with the law.

　　The fourth is to standardize the labor management algorithm.

Provide guidelines on the effectiveness of employment management algorithm rules and the responsibility for workers’ damages caused by unreasonable algorithms, require proper hearing of cases involving motor vehicle traffic accident liability disputes and non-motor vehicle traffic accident liability disputes, and promote platform companies to formulate regulations that focus on compliance with traffic regulations. Algorithmic rules and rules and regulations of social order such as rules, strengthen the awareness of food delivery express employees to abide by social order.

(Official WeChat of the Supreme Court)