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China mutual gold which strong? We will think of Ant Financial, JD Finance, lufax, WeChat Payment, etc. If we take the city as the dimension, we can easily think of the cities where these giants are located: Beijing, Shanghai, Shenzhen, Hangzhou … all seem to be important towns for mutual gold. Which of these cities has stronger mutual gold strength? What are the characteristics of each city’s mutual gold industry?

There are many indicators to evaluate the development level of a city’s internet finance, such as the number of mutual fund enterprises, the scale of mutual fund assets, the scale of transactions, financial infrastructure, the number of mutual fund enterprises with unicorn valuation, and the strength of policy support. For the sake of simplicity, this paper observes the mutual gold development degree of major cities from the most intuitive angle, that is, from the index of the number and development level of mutual gold enterprises in the region. Large-scale enterprises will have layouts in big cities such as Beijing, Shanghai, Shenzhen and Hangzhou. This article is based on the location of the headquarters.

Beijing: a well-deserved domestic capital of mutual gold

In the field of domestic mutual gold, Shanghai, Hangzhou, Shenzhen and other places can be called important cities of mutual gold, but when it comes to the first city of mutual gold industry, Beijing is still doing its part. In Beijing’s mutual gold industry, there are mutual gold businesses owned by Internet giants such as Jingdong Finance and Baidu Finance, as well as large-scale mutual gold companies such as CreditEase, Renren Loan, Lacarra and Rong360, as well as mutual gold businesses owned by state-owned financial institutions such as workers, peasants and China Construction.

To sum up, Beijing’s mutual gold industry has several characteristics:

First, the format is complete., whether it is payment, wealth management, peer-to-peer lending, financial search, crowdfunding, financial technology and other relatively large formats, or consumer finance, supply chain finance, smart investment, product crowdfunding, equity crowdfunding and other more subdivided areas, Beijing’s mutual gold enterprises have a layout. Mutual gold formats that exist in other cities can basically find the target enterprises in Beijing;

Second, there are many mutual gold enterprises.. From the perspective of large Internet companies that carry out Internet finance business, Beijing has the largest number, such as JD.COM, Baidu, Xiaomi, 360, 58, LeTV, Sohu, Sina, etc.

In the online lending industry, the data of online lending house shows that by the end of October 2016, the top five provinces with normal online lending platforms were Guangdong, Beijing, Zhejiang, Shandong and Shanghai, with 394, 295, 268, 210 and 205 respectively. In terms of provinces, Beijing is second only to Guangdong, and in terms of cities, Beijing has the largest number.

In the third-party payment industry, there are nearly 270 companies that have obtained payment licenses. From the perspective of the provincial distribution of licensed companies, the highest number is Beijing, and 57 companies have obtained licenses.

Third, there are many enterprises in the forefront of the industry.. Among the TOP100 platforms of online loan volume launched by Online Loan House in September 2016, there are 33 platforms in Beijing, ranking first among cities. IResearch’s Q2 2016 third-party payment transaction scale ranking shows that among the TOP10 enterprises (Alipay, Tenpay, Bank Merchants, Quick Money, Zhongjin Payment, Remittance to the World, yeepay, Jingdong Payment, Yifubao and Baofu.), Beijing enterprises accounted for 3.

From the mutual gold business of large companies, JD Finance has scale advantages in wealth management, supply chain financing, consumer finance and other fields. Baidu Finance has certain advantages in financial technology and has demonstrated its strength in consumer finance fields such as education staging.

Fourth, the shortcoming is that Beijing is the domestic Internet center and a big city of mutual gold, but the largest Internet companies and mutual gold companies in China are not in Beijing.. Beijing’s Internet industry and mutual gold industry are superior to enough enterprises, and entrepreneurial enterprises are active enough.

It is not surprising that Beijing is the domestic leader in the field of mutual gold. First of all, Beijing is a place where domestic Internet companies gather, and entrepreneurial activities are in full swing. It is normal for large enterprises to have a large number of mutual gold businesses and mutual gold startups. Secondly, Beijing is also a place where financial institutions gather, and has a good industrial foundation in terms of asset-capital docking and talent flow.

Hangzhou: a new force of mutual gold in the rise

Compared with Hangzhou, Beijing has strong comprehensive strength, but the industry leader is not there; Hangzhou, on the other hand, is the leader in the domestic mutual gold field. Compared with Beijing, its comprehensive strength is insufficient, but it is rising rapidly.

Compared with the first-tier cities such as Beijing, Shanghai and Shenzhen, Hangzhou is currently a quasi-first-tier city, but there is not much gap between the Internet industry and the mutual gold industry in Hangzhou. There is a giant ant financial service in the domestic mutual gold field, which makes it impossible to ignore the existence of Hangzhou’s mutual gold territory in China. In fact, in addition to Ant Financial, Hangzhou also has rising Netease Finance, 51 credit cards and other enterprises, as well as online lending institutions with large transactions such as micro-loan network and Xinhehui.

Needless to say, Ant Financial is already the leader in the domestic mutual gold field, with a valuation of 75 billion US dollars. It has gradually formed business segments such as payment, wealth management, financing, comprehensive finance and financial infrastructure, and is one of the few Internet finance companies in China that have advantages in both assets and funds, as well as technical advantages. (However, it is worth noting that Ant Financial has moved Alipay’s registered place to Shanghai. )

Compared with Beijing, although Hangzhou has a leader in domestic mutual gold industry, the number of mutual gold companies that reach a large volume is less than that of Beijing. However, at present, the mutual gold industry in Hangzhou is developing rapidly and has the potential to become a new benchmark for mutual gold.

51 Credit Card, which has been established for four years, is currently valued at more than US$ 1 billion, and has received a total investment of US$ 394 million in the last two months. Judging from the financing amount and the latest valuation, it can be regarded as a mutual gold benchmark enterprise in Hangzhou except ants. At present, the monthly revenue of 51 credit cards has exceeded 100 million. It is estimated that this year’s revenue will exceed 1 billion yuan and the net profit will be 200-300 million yuan. Many large companies, including lufax and JD Finance, are still losing money. It is rare that the revenue of 51 credit cards can continue to grow and keep its net profit positive, which is closely related to its earliest entry into the credit card management field and its accumulated over 70 million cardholders with strong credit demand in four years.

In addition, Netease established the financial business department in Hangzhou in May 2015, and has now formed business segments such as Netease Payment, Netease Wealth Management and Netease Small Loan. The data shows that Netease Finance has 100 million registered users, including 30 million real-name accounts. In 2015, the transaction volume of various types exceeded 50 billion yuan.

In addition to these three pioneers, the rankings of Online Loan Home and Zero One Finance show that the monthly transaction volume of online loan companies such as Micro-loan Network and Xinhehui are among the top 10 in the industry.

It can be found that the development momentum of mutual gold in Hangzhou is relatively rapid. This city not only has ant financial services, but also has a wave of entrepreneurial enterprises growing rapidly, and Hangzhou has become a new rising force in the field of mutual gold.

Shanghai: a battleground for mutual gold enterprises.

Shanghai is a domestic financial center and a relatively developed field of internet economy, and mutual financial development has a good foundation. The competition between Beijing and Shanghai is an eternal topic. Compared with Beijing, Shanghai’s mutual gold strength cannot be underestimated. To sum up, Shanghai Internet finance has the following characteristics:

First, there are a large number of mutual fund enterprises, and the number of online loan enterprises and third-party payment enterprises is second only to Beijing at the city level, and the gap is not big.. At present, 54 enterprises in Shanghai have obtained third-party payment licenses, second only to 57 enterprises in Beijing. There are 205 online lending platforms operating normally in Shanghai, second only to 295 in Beijing from the perspective of cities. In addition, even if the mutual fund enterprises headquartered in other places have a certain scale, they will generally establish branches in Shanghai.

Second, some of Shanghai’s well-known mutual gold platforms are set up in Shanghai by enterprises from other regions.Li, such as lufax, Zhongan Insurance, Wanda Internet Finance, etc., also includes Xiaomi’s recently established rice financing service in Shanghai. In addition, companies including Baidu, SouFun and Vipshop have also set up small loan companies in Shanghai. This shows that Shanghai, as a financial center, has great attraction to financial business. Shanghai is a battleground for mutual gold enterprises to compete.

Third, compared with Beijing, Shanghai has certain advantages in the field of payment., including UnionPay Business, Quick Money, Remittance to the World, Fu You Payment, Tonglian Payment, Baofu, Shengfutong, Huanxun Payment, etc., are all payment enterprises with large transaction scale in China.

Fourth, the top companies in Shanghai’s domestic mutual gold industry are lufax, Zhongan Insurance and Oriental Fortune, followed by Wanda Internet Finance, Paipai Loan and Dianrong.com..

Lufax’s current valuation has reached US$ 18.5 billion, and it has launched a listing plan in Hong Kong. The number of its users and transaction volume are dominant in the domestic online lending and wealth management fields. China Ping An’s Q3 2016 quarterly report shows that as of September 30, 2016, the cumulative number of registered users of lufax Platform was 25.5 million, and the number of active investment users was 6.55 million. In the first three quarters of 2016, the retail transaction volume was 1,077.220 billion yuan, and the institutional transaction volume was 3,220.583 billion yuan.

The valuation of Zhongan Insurance once reached US$ 8 billion. As of May 31, 2016, Zhongan Insurance had served more than 414 million customers and the number of policies exceeded 4.583 billion. Recently, Zhongan Insurance established a new company, Zhongan Technology, focusing on inclusive finance and health care, and exporting technical capabilities to the outside world.

Fifth, some mutual gold formats developed earlier in Shanghai.For example, Kuaiqian was established in 2004, Paipai Loan was established in 2007, and Tiantian Fund Network, a subsidiary of Oriental Fortune, was established in 2008. It is an early platform for payment, online lending and online fund sales in China. This shows that Shanghai has always been in a leading position in the exploration of new financial formats.

Generally speaking, as a financial center and an important Internet town, Shanghai also has a good development soil for Internet finance, and the current mutual gold ecology is relatively sound. Like Beijing, Shanghai is a battleground for every mutual gold enterprise, but it is slightly inferior to Beijing in terms of the number of mutual gold enterprises and the number of well-known start-ups at present.

Shenzhen: A Hot Land of Mutual Gold Led by Tencent and Ping An Group

Shenzhen is also a place where financial institutions gather, and the atmosphere of Internet entrepreneurship is also very strong, laying the foundation for the development of mutual funds. Internet giant Tencent and Ping An Group, which have full financial licenses, have developed good mutual gold business. In addition, online lending institutions with large transactions such as Hongling Venture Capital and Mavericks Online have emerged in Shenzhen.

In terms of the total amount, the data of Shenzhen Financial Office shows that by the end of June 2015, there were more than 1,200 Internet finance enterprises in Shenzhen. According to incomplete statistics, the scale of Internet third-party payment transactions in Shenzhen exceeded 3 trillion yuan, accounting for nearly half of the country. Equity crowdfunding and Internet wealth management rank among the top three in China.

When it comes to mutual gold giants in Shenzhen, the first thing that comes to mind is Tencent and Ping An, which have made great efforts in the field of mutual gold.

Tencent’s financial business scale is among the highest in the industry. At present, Tencent Tenpay is second only to Alipay in the field of third-party payment. Weizhong Bank has been online for one year. Relying on two super portals, WeChat and QQ, and using big data risk control technology, it has issued loans exceeding 40 billion yuan. In terms of financial management, as of the end of April 2016, the number of general-purpose users of Tencent’s financial management has exceeded 50 million, and the scale of funds has exceeded 100 billion.

In addition to lufax, China Ping An also has mutual gold business such as Ping An Pratt & Whitney Finance, One Wallet and Ping An One Account. According to the third quarterly report, as of September 2016, the amount of new loans in inclusive finance was 111.901 billion yuan; The transaction scale of one wallet payment and points business reached 2,005.718 billion yuan, with a total of 64,987,000 registered users and an average monthly active user of 6,206,900. The user scale of the one-account platform is nearly 157 million, and the monthly active users exceed 22.2 million.

In addition to Tencent and Ping An, there are many online lending institutions with the largest transaction scale in Shenzhen, including Hongling Venture Capital and Mavericks Online. This shows that the mutual gold industry in Shenzhen also has a high status in the country.

　Major mutual gold enterprises in Beijing, Shanghai, Shenzhen and Hangzhou

Generally speaking, at present, Beijing is in a relatively leading position in the field of mutual gold, but the gap with other cities is not large, and there is also the possibility of being overtaken; The scale of mutual gold between Shanghai and Shenzhen also has a relatively large volume, with large enterprises in bring up the rear; There are mutual gold leaders in Hangzhou, and there are also entrepreneurial enterprises that are constantly emerging and their strength is constantly increasing. In addition, Guangzhou (There are enterprises or businesses such as WeChat Pay, Evergrande Financial Services, Vipshop Finance and PPmoney.), Nanjing (There are Suning Finance, Kaixin Loan and other enterprises.) and other places also have a certain scale of mutual gold industry. The future mutual gold competition will still be fierce.

How to interpret the competitive market of urban mutual gold industry in the future?

Summarizing the mutual development paths of cities, we can find that the development level is highly related to the following factors:

The development level of internet industry.Basically, the urban distribution pattern of mutual gold follows the development pattern of the Internet industry, with Beijing being the largest, followed by Shanghai, Shenzhen and Hangzhou. The high level of Internet development means that there are many Internet giants in this city, and they have first-Mover advantages such as traffic and scenes. It also means that the internet entrepreneurial atmosphere in this city is relatively strong. As the main field of current entrepreneurship, mutual gold projects will continue to emerge to ensure the quantity and quality of the mutual gold industry in this city.

Level of financial development.Beijing, Shanghai and Shenzhen are the top three in the development of domestic financial industry, and Hangzhou is located in Zhejiang, where the economy is developed and private finance is prosperous, and the financial industry has a good foundation. Having a developed traditional financial industry means that Mujin has a lot of offline assets that are easy to dock, and it is easier to introduce financial talents, which will help Mujin’s development.

Policy support. Compared with the above two factors, the influence of policies on the overall mutual development level of a region is not decisive, but it cannot be ignored. In particular, if a city prohibits the development of a mutual gold format, the impact will definitely be immediate. If the policy is biased towards promoting the development of the industry, it will be a more important auxiliary factor, such as preferential policies may attract some enterprises to settle down, but relatively speaking, the level of Internet and financial development is a more influential factor. The influence of these three factors is relatively intuitive. If we dig deeper, it may be that the level of rule of law, urban governance and development details of a city are at work.

As far as the competition among the four major cities is concerned, Beijing’s advantages of big companies and entrepreneurial ecology ensure that its position as a mutual gold leader will continue. It is possible for Shanghai, Shenzhen and Hangzhou to challenge Beijing’s position, but it is not difficult. It is necessary to make more efforts in Internet entrepreneurial environment, financial ecology and policy support.

　　"Huawei terminals have reached the most difficult moment."

　　Two weeks ago, Yu Chengdong, CEO of Huawei’s consumer business, revealed to the outside world the dilemma that Huawei is about to face — — Five days later, the US "sanctions" came into effect. Huawei’s "broken plane" was officially "cut off".

　　As of today (September 26), Huawei has been "cut off" for more than ten days. What is the current situation of Huawei, and how will they break through in the face of the expanding blockade? Is it Huawei’s darkest hour, or is it the darkness before dawn?

　　Huawei employees: It is assumed every day that the supply will be cut off tomorrow.

　　"September 15th is an ordinary Tuesday for us."

　　Jingzi (pseudonym as requested by the interviewer) has been working in Huawei for 2 years. When she first joined the company, it was when Huawei was put at the forefront by the United States. In 2018, the United States opened the so-called "sanctions" against Huawei. In May last year, the United States listed Huawei in the "entity list"; In May this year, the control was further upgraded. After a 120-day buffer period, the "ban" came into effect on September 15.

　　"As early as two years ago, the company has established an idea from top to bottom — — Sanctions ‘ Tomorrow ’ Will start. " Although more than 800 days have passed since tomorrow, it seems that all this has become "accustomed" to Huawei employees.

　　Jing Zi told the reporter of Dongfang.com that when the United States officially waved a big stick at Huawei, his department had asked employees to "give up their illusions" — — Even if there is an "exemption period", it seems that Huawei has adjusted its working status to the rhythm of "no supply".

　　"Although the business is likely to face difficulties, the company’s salary and benefits for employees are increasing instead of decreasing. The rumors about layoffs in domestic business are basically rumors. " Shizuko told reporters that after working in Huawei for two years, his salary level has been about twice that of other companies. "Of course, at the same time, the work intensity is also the top level in the industry." Shizuko quipped.

　　Supplier: After the supply was cut off, some people were speculating on Huawei mobile phones.

　　6388 yuan, this is the price of a second-hand Huawei Mate 30 pro 5G mobile phone on an e-commerce platform after Huawei was "cut off". However, when Dongfang. com and Zongxiang News visited Huawei offline recently, they found that the price of this Huawei flagship machine, which was released a year ago and equipped with Kirin 990 chip, was as low as 5,399 yuan, and most of it was well supplied.

　　Why is a second-hand mobile phone sold a year ago more expensive than a brand-new mobile phone? Liqun Huang, a Huawei distributor, seems to be "not surprised" by this. "Since the US sanctions, there have been many people speculating on Huawei mobile phones."

　　"Due to the second round of sanctions, the chip can’t be produced, which is very difficult. At present, it is out of stock. This may be the last generation of Kirin’s high-end chips. " In August this year, before the ban came into effect, Yu Chengdong tragically announced to the outside world that Kirin was "out of print".

　　On September 15th, after Huawei was officially "cut off", Kirin Chip also began to go out of print. A seller of a second-hand platform once said that the "collection significance" of Huawei Mate30 pro is far greater than the use significance when selling Huawei mobile phones to Dongfang.com and Zongxiang journalists. There are even sellers who say that buying Huawei mobile phones now is "patriotism".

　　In this regard, Liqun Huang said that the interruption of supply does not mean the suspension of production, and the out-of-print Kirin chip does not mean the out-of-print Huawei mobile phone. "It is not reliable to buy second-hand mobile phones for collection." According to several responsible persons of Huawei authorized experience stores, the old Huawei mobile phones, including Huawei Mate30 pro, are in sufficient supply, and there will be no "one machine is hard to find" in a short time.

　　At the same time, Liqun Huang told the reporter of Dongfang. com that after the "supply cut-off", Huawei’s mobile phones really became more scarce than before, but this did not affect the current sales of Huawei’s mobile phones. Liqun Huang also said, "We can’t be sure about Huawei’s future, but we can conclude that Huawei will ‘ Cool ’ It seems too early to say. "

　　Forced by the United States to "cut off the supply"? Huawei suppliers are pleading.

　　On August 17, the US Department of Commerce further tightened the restrictions on Huawei’s access to American technology, and listed 38 subsidiaries of Huawei in 21 countries around the world in the "entity list". This is seen as a comprehensive "encirclement and suppression" of Huawei — — It means that from the whole production to the purchase of parts, even the road of "saving the country by curve" has been blocked by the United States.

　　On the eve of the supply cut-off, Huawei chip suppliers who have been on the sidelines have also made statements. TSMC said that the company has no plans to continue supplying Huawei after September 14th. Subsequently, Micron Technology, Samsung and SK Hynix all indicated that they would not be able to ship to Huawei after September 14th.

　　Earlier, Guo Ping, Huawei’s rotating chairman, once shouted to global chip companies that "helping Huawei is helping yourself". Many companies seem to know their way well. Before and after the supply cut-off, some Huawei suppliers still hoped that the U.S. government would be lenient, and at the same time, they were striving to continue to supply Huawei.

　　In terms of OEM, TSMC said that while the company cancelled the supply to Huawei, it was actively applying for and submitting the supply license to the US government. According to the news, TSMC’s previous application was not allowed by the United States. However, TSMC still pointed out that it will continue to try to supply Huawei. The data shows that Huawei is TSMC’s second largest customer, and its revenue contribution is as high as 15%.

　　As for the chip manufacturer, the designer MediaTek has confirmed that at the end of August this year, the company has applied to the US for continued supply of Huawei in accordance with regulations, and the memory chip manufacturer Micron also applied at the same time. In addition, including chip manufacturers Qualcomm, Samsung and SK Hynix, which had previously made it clear that they would not be able to supply Huawei, all made it clear that they had applied for export licenses and sought to continue to supply Huawei.

　　It is worth mentioning that during the supply suspension period, many Huawei suppliers have obtained supply licenses.

　　On Monday (21st), Intel officially said that it had obtained permission to continue supplying Huawei, and Intel is the main supplier of Huawei notebooks. On the 19th, AMD, an American chip company, also said that it had obtained permission to sell its products to some companies in the US "entity list". It is widely believed that "some companies" are Huawei.

　　In fact, many American companies also understand the truth that "you hurt the enemy by one thousand, and you will lose yourself by eight hundred". In June this year, Semiconductor Association of America shouted to the US government that the Trump administration’s ban would not only affect Huawei, but also bring huge restrictions to American companies and even global chip companies. Many chip manufacturers, including Qualcomm, have repeatedly called on the US government to lift the so-called "sanctions".

　　Reflection after ten days of supply suspension: China Core, where to go?

　　"Huawei has been developing in the field of chip design for more than ten years. From being seriously backward, to being a little backward, to catching up, to leading, the R&D investment is huge and the process is very difficult. However, in the field of heavy assets such as chip manufacturing, Huawei did not participate. After September 15, the flagship chip could not be produced, which was a great loss for us. "

　　Of course, as emphasized by Huawei, China enterprises, especially China chip enterprises, can’t pin their hopes on the United States to relax sanctions. "Self-improvement" may be the most effective and only way to achieve real results.

　　In recent years, China has been the largest chip importer in the world. The data shows that in 2018 and 2019, the total value of imported integrated circuits in China exceeded 300 billion US dollars.

　　However, while importing, China’s chip self-sufficiency is not enough. The data shows that in 2019, China’s chip self-sufficiency rate is only about 30%. According to the development plan of relevant departments, in 2025, China is expected to raise its chip self-sufficiency rate to 70%, which is almost the average level of chip power countries such as the United States.

　　In that case, where did China chip get stuck in the neck by the United States? As a huge and complex industry, the chip industry has a long industrial chain. It can be divided into four parts: design, manufacturing, packaging and testing. Except in the field of design, Huawei Hisilicon has a certain breakthrough ability, and in the other three links, especially in the manufacturing link, the ability of domestic manufacturers still has great room for improvement.

　　"No one can extinguish the starlight in the sky." At the Huawei Developers Conference in 2020 held before the supply was cut off, Huawei conveyed its determination and will to work hard to the outside world.

　　In the first half of the extreme pressure in the United States, Huawei still achieved the first global market share of smartphones, the first global market share of wearable devices and the second global market share of smart watches. Notebooks have achieved more than 100% growth, and products such as headphones have achieved more than 100% or even 200% high-speed growth.

　　As Ren Zhengfei, the founder of Huawei, said, "We may encounter unimaginable difficulties, but this is also the biggest opportunity period." Unprecedented difficulties may be the best opportunity to hone enterprises.

　　Huawei’s future is still unknown. However, for China enterprises, it seems to be an important proposition for a long time how to make Huawei and others no longer lonely on the stage of global industrial competition through unremitting efforts. In the face of the big stick sanctions from the United States and the future of the chip industry, I am afraid that it is far more than Huawei itself.

　　Live broadcast with goods has sprung up and become a major shopping channel for consumers. However, the anchor is crazy "fudge", the marketing "routines" are diverse, and even problems such as counterfeit goods rampant and difficult refund have become problems. "Double 12" is approaching, and the judges of Haidian Court combined with typical cases to broadcast live shopping to avoid pits and defend rights for consumers.

　　case

　　The gold necklace became a "golden thread"

　　"Three gold necklaces, ready, welfare 1000 single, 18-inch chain, original price 13 thousand, anywhere 13 thousand, limited to one single per person" "Today, not in 9999, not in 6999, not in 3999, get on the bus in 1999! Come to the bottom! " … …

　　In the live broadcast room of a jewelry store, the anchor’s "words" attracted many onlookers, including Ms. Wang. The anchor with the goods is showing a gold necklace and claiming that it is the "bargain-hunting" price for the whole year. On the spur of the moment, Ms. Wang felt that the price was over-valued. She immediately clicked the "spike" button and paid the full amount at 9 o’clock that night.

　　Soon, Ms. Wang received a gold necklace with the label of "all-gold phoenix tail chain". When she opened the package, she was blindsided — — This is not a gold necklace. The chain is as thin as silk thread. The inspection certificate of precious metal products is attached to the package, indicating: main gold (Au), pure gold, with a total mass of 2.48g.

　　Ms. Wang suddenly felt cheated. "I really didn’t ask about the weight of the necklace before I bought it, because the anchor always emphasized ‘ There are not many goods ’ I am afraid that I can’t buy it before I quickly place an order. " Ms. Wang said that she estimated the weight of the necklace before deciding to buy it according to the anchor’s statement of "original price of 13 thousand" and the average market price of gold ornaments.

　　Ms. Wang believes that the weight of the gold necklace received is only 2.48g g. Obviously, the jewelry store and the anchor falsely reported the original price, which constituted fraud to consumers.

　　Ms. Wang sued for a refund and triple compensation. The court decision supported her claim.

　　Judge’s statement

　　The anchor is responsible for "opening his mouth"

　　Different from shopping on e-commerce platform, a major feature of live broadcast with goods is the "marketing skill" of the anchor, which some people call "network shouting". The value, price and quality of goods are all introduced by the anchor’s mouth. In most cases, the goods described by the anchor are provided by merchants such as sellers.

　　In the above-mentioned case, the court found that the anchor of the jewelry store on the live broadcast platform is the employee of the store, so the legal consequences caused by the anchor’s statement during the live broadcast should be borne by the jewelry store.

　　The judge pointed out that the biggest controversy in this case lies in the original price of the gold necklace stated by the anchor. According to the definitions of "original price" and "fictitious original price" in the Notice of the National Development and Reform Commission on the Interpretation of the Provisions on Prohibiting Price Fraud, "original price" refers to the lowest transaction price with trading bills that the operator has made in this trading place within seven days before this promotion; If there is no transaction within the first seven days, the last transaction price before this promotion is the original price; "Fictitious original price" means that the original price marked by the operator in the promotion activities is false and fabricated, and it does not exist or has never had a transaction record.

　　During the trial, the jewelry store did not submit evidence to prove that the gold necklace involved in the case had the "original price" in its online store, so it had to bear the adverse consequences of failing to provide evidence, and the court therefore decided that the "original price of 13,000" was not true and constituted fraud.

　　At the same time, the judge pointed out that if the false delivery of goods or services related to consumers’ life and health causes damage to consumers, if the anchor is an independent individual, not an employee of the merchant, such as the merchant inviting stars to bring goods, celebrities to bring goods, etc., then the spokesperson should be responsible for the legal consequences caused by the contents of his display and oral statement during the live broadcast. If there is a problem with the goods, consumers can sue the merchants and anchors for rights protection, and the merchants and anchors bear joint and several liability.

　　case

　　The trial found that the phone was not good and the return was rejected.

　　Xiao Li is a college student. He wants to buy a mobile phone with good camera function and smooth mobile games with a low budget. After browsing several mobile phone e-commerce, he is always hesitant. One day, when he watched a live broadcast of an anchor, the anchor was promoting a certain brand of mobile phone. The price, performance and appearance all met Xiao Li’s expectations, so he placed an order to buy it.

　　After receiving the mobile phone, Xiao Li tried it for two days. It didn’t feel as good as the anchor said, so she wanted to return it and buy other brands of mobile phones. However, when negotiating with the merchant to return the goods, Xiao Li was rejected on the grounds that there was a prompt on the website that the goods that had been activated or depreciated in a large amount were not applicable for 7 days and there was no reason to return them.

　　Repeated returns failed, and Xiao Li filed a lawsuit.

　　Judge’s statement

　　7 days no reason to return regardless of platform.

　　According to the judge, the Consumer Protection Law provides for goods that are not returned without reason. In short, two conditions must be met at the same time before unreasonable return is not applicable: First, once activated or tried out, the value is derogatory; Second, online commodity sellers have set up significant confirmation procedures in the necessary process of commodity sales for consumers to confirm the single purchase behavior.

　　However, in reality, merchants often use the platform particularity and commodity particularity as an excuse to ask consumers to click on the purchase when selling goods, that is, "confirm that it is not applicable and return goods without reason". The judge said that this is contrary to the legal provisions and is generally regarded as the "overlord clause". Merchants use this as an excuse to reply and the court will not accept it.

　　The court held through trial that there was a legal relationship between Xiao Li and the live broadcast merchants. As a consumer, Xiao Li’s unreasonable return request within 7 days after shopping met the conditions stipulated by law. In addition, the merchant did not prove that the mobile phone depreciated greatly after activation. Therefore, the court supported Xiao Li’s claim for a refund.

　　case

　　Credulous "online celebrity" acne becomes disfigured

　　Exaggeration, false propaganda, traffic fraud, selling toxic and harmful food … … In recent years, the rollover of "online celebrity" has become the "hardest hit" for live broadcast.

　　The judge pointed out that many "online celebrity" rely on their own traffic, become the darling of businesses, and even "stand on their own feet", but the quality of the goods they sell frequently appears problems. Liu, a well-known online celebrity model, attracted countless fans in the live broadcast room with her beautiful style. Relying on the huge energy of "online celebrity effect", Liu bought a stirring kettle, a pulverizer and other equipment, and made and sold the acne-removing and whitening universal cream by himself using Baiyanjing and chloramphenicol as raw materials. After many fans bought and used it, their faces were damaged to varying degrees. The victim reported to the public security organ, involving nearly 300,000 yuan. The public security organ immediately arrested Liu. After the court concluded the criminal case, the victim filed a civil lawsuit with the court, demanding that Liu refund the purchase price and pay ten times the compensation.

　　In the end, Liu was sentenced to one year and eight months in prison, suspended for three years and fined 150,000 yuan. In civil litigation, the court also supported the consumer’s claim.

　　In another case, Zhao Dan (stage name: fat ya), an actor of a media company, publicized and sold a self-made "pure Chinese medicine slimming capsule" through a live broadcast platform without obtaining a license for drug production and sales, which made huge profits and caused many users to have adverse reactions. The court sentenced Zhao Dan to 3 years’ imprisonment and fined 500,000 yuan for the crime of producing and selling counterfeit drugs.

　　Judge’s statement

　　Be careful with fake goods, criminal and civil responsibilities

　　“‘ Online celebrity ’ It’s not easy to become famous, so we should cherish our feathers. After gaining huge traffic, we should attach importance to our personal image and focus on spreading positive energy. The so-called ‘ A gentleman loves money and takes it wisely ’ 。” The judge said that in recent years, the fake bird’s nest incident of well-known anchors, the "fake sweater incident" of Luo’s goods, and some well-known TV hosts have also been exposed for fraud … … These behaviors of the anchor not only harm the rights and interests of consumers, but also wander on the edge of illegal crimes.

　　If there are serious quality problems in the goods, according to the provisions of the Criminal Law, producers and sellers adulterate the products, pass the fake products off as genuine ones, pass the substandard products off as qualified products, and the sales amount reaches more than 50,000 yuan, which constitutes the crime of producing and selling fake and inferior products. Whoever produces or sells fake and inferior products may be sentenced to life imprisonment at the highest. In product liability, criminal punishment does not exempt civil compensation, and consumers can still ask sellers or producers to refund the payment and make compensation.

　　"The anchor should take honesty as the foundation and play the law ‘ Edge ball ’ No! " The judge stressed.

　　Pit avoidance guide

　　Remember three tricks for live shopping

　　In view of the current chaos of live broadcast, the judge gave three suggestions:

　　 When consumers choose live shopping with goods, they should try to choose those platforms and sellers with large scale and high credibility.

　　 Before buying, you can know the brand, origin, performance and price of the product through physical stores and e-commerce platforms, and don’t be fooled by the anchor’s mouth. We must consume rationally. "The lowest in the whole network", "the lowest in the whole year", "the best in quality" and "never lose money when you buy it" have become the cliché of the live broadcast industry. Consumers should not believe this absolute term. At the same time, consumers should not blindly consume out of their personal love and admiration for the anchor, let alone be confused by the commodity shortage atmosphere deliberately created by the anchor and the platform.

　　 When shopping, you should keep relevant evidence, such as advertising, promises, purchase records, payment vouchers and express delivery numbers, for future rights protection. If negotiation with the merchants fails, consumers should promptly complain to the Consumers Association and other departments or go to court to avoid missing the statute of limitations. At present, China has implemented the "Management Measures for Webcast Marketing (Trial)". Accordingly, when consumers are "chopped up" in the live broadcast room, the main bodies that can be held accountable are the anchor, the operator of the live broadcast room, and the live broadcast platform. If the product quality responsibility is involved, the producer can also claim rights.

　　The judge reminded that the live broadcast of goods is no longer just the commodity marketing of household appliances and daily necessities, but also the live broadcast of goods in financial services such as funds, wealth management and insurance, which is not differentiated on the live broadcast platform, resulting in confusion of the main body of financial live broadcast marketing, or hiding the risk of fraud. The judge suggested that the live broadcast platform should be supervised by classification to help different consumer groups identify products.

　　The platform should consolidate its responsibilities and implement the platform certification mechanism. For example, for the live broadcast rooms and anchors with good consumer evaluation and high authenticity of goods and services, the platform responsibility is materialized and visualized, so that consumers can intuitively choose guaranteed live broadcast rooms for shopping consumption. Make good use of big data to increase the efficiency of consumer risk warning. The platform can dynamically match consumers’ identity information with their consumption behaviors. For example, for minor consumers, once they find abnormal consumption behaviors such as large consumption and inappropriate consumption of alcohol and tobacco minors, they will send prompt information in time to contact their guardians, so as to reduce the situation that guardians can only cancel the large consumption of minors through litigation. Our reporter Gao Jian correspondent Qin Pengbo