After the live broadcast, her relationship with him is no longer “anchor and fan”

At 0:50 on May 28, 2019, Wang Dongdong, a night shift worker born in Qingdao, Shandong Province, turned on an app on his mobile phone as usual and entered a live studio with ease. < p > < p > just 50 minutes ago, in Mianyang, Sichuan Province, 1800 kilometers away, Xu Xixi, a post-90s female anchor who had been quietly watching for half a year, had been on the air. At the moment, Yan Jun, a female judge in Beijing Internet court, would not have thought that she would start planting grass and chopping hands a year later because of the intersection of these two people < / P > < p > she said that this is an apple top equipped mobile phone. The official price is about 10000 yuan, but she has been using it for several months, and it can be sold for 4000 or 5000 yuan. If you want, you can add the wechat contact in her homepage information. Is the mobile phone fake? Wang Dongdong or more cautious, in his request, Xu Xixi photographed the mobile phone “about this machine” page information sent to him. After checking the serial number on Apple’s official website, Wang Dongdong was relieved and transferred 4000 yuan by wechat. < / P > < p > “the mobile phone has been received, but the running score is too low. Normally, it should be more than 300000 yuan. The resolution is not as good as I am. It’s not like Apple’s system. It can’t download things normally. It’s not the feeling of Apple’s system. Serious fever. What’s the situation? I don’t think it’s genuine. ” < / P > < p > “it’s really not that big bottom screen. You’re not yellow eye protection screen. You don’t have 9-grid typing and no typing expression of Apple system. Since it’s not a real machine, I can’t take it. I’m going to return it. ” < p > < p > Xu Xixi didn’t take it seriously. There were so many young male fans in the studio that it didn’t matter if they just turned pink to black. But what she didn’t think of was that Wang Dongdong was not a person who gave up easily. < p > < p > on June 9, 2019, Wang Dongdong sent an email to the platform company complaining that Xu Xixi sold fake goods and cheated users in the live broadcasting room. Two days later, the platform company closed Xu Xixi’s account for 15 days. Later, Wang Dongdong found that Xu Xixi had been unsealed and continued to live, so he complained again. This time, Xu Xixi’s platform account was permanently closed. < / P > < p > let out a breath, but still can’t get the money back. Half a year after being cheated, on December 1, 2019, Wang Dongdong bought a train ticket and went straight from Qingdao to Chengdu. With the original express bill address, Wang Dongdong wanted to find Xu Xixi to have a face-to-face discussion. < p > < p > five days later, despite the assistance of the local television station, the Public Security Bureau and the Municipal Supervision Bureau in Chengdu, he still failed to find Xu Xixi in this city of 16 million people. When Wang Dongdong wanted to resort to law, a sudden crisis hit Wuhan this Spring Festival. For the safety of the people, China pressed the pause button. Will the appeal of justice stop here? Is there a “no closing” court? The epidemic situation can not stop the steps of justice. In the special period of epidemic prevention and control, local courts have turned their attention to the Internet, “fingertip” case filing, “cloud” case handling has become a new standard configuration. On February 21, 2020, Beijing Internet court issued the. Zhang Wen, President of the National People’s Congress of the people’s Republic of China, said the standard was formed through 13509 online trials with a total duration of 7792 hours, which is to provide reference for other courts conducting online trials in the epidemic. The vitality of law lies in the process of its realization. If people are unwilling to turn to law in the face of injustice and infringement, justice will not be revealed and law will lose its significance. The core issue of the case is whether Xu Xixi’s act of selling his mobile phone is business behavior, which is related to whether the compensation should be tripled. As Xu Xixi did not sell directly through the platform or jump to sell through a third-party link, how to determine the nature of her private transaction with Wang Dongdong? After studying the judgment, several judges first felt that this was an ordinary transaction dispute. However, the identity of the defendant’s anchor aroused the vigilance of the judges. They decided to end the meeting first, and then go back to experience the “live broadcast with goods” before making judgment. This experience doesn’t matter. Something happened < / P > < p > “as an Internet court judge, in order to judge a case, I often try out various apps related to the case, but they are basically deleted after understanding the situation, so I’m not very interested in it.” Judge Yan Jun said. < / P > < p > this time it seems a little different. At the beginning, the female judges focused on some legal problems and risks in the app, thinking about whether the name “Fan Bingbing +” infringed on the right of name. But gradually, she found the live broadcast very interesting. “< / P > < p >” a lot of things have been chopped off. “Judge Yan Jun was a little embarrassed and refused to disclose what he had bought. “Lipstick really looks good,” she added, covering her mouth and laughing. < p > < p > put aside the identity of the judge, bring in the feelings with the mentality of ordinary consumers, carefully experience the characteristics of live delivery with goods, and finally return to the objective and calm legal perspective to examine. In the second collegiate session, the judges had a more intuitive and profound understanding of live delivery. One word was accurately captured: trust plus. < / P > < p > this accurately captured word points out the special significance of the anchor’s identity. Wang Dongdong’s continuous attention for half a year and his rapid payment for the purchase of the mobile phone not only thought that the mobile phone involved in the case had high cost performance, but also had more important point, that is, his trust in Xu Xixi. Therefore, Xu Xixi’s private transaction live delivery behavior can also be regarded as his use of anchor identity to guide and realize flow realization. There is no essential difference in business model between Xu Xixi’s direct sales and third-party jump live delivery with goods. Moreover, Xu Xixi has dual identities of anchor and commodity seller, so his live delivery with goods behavior should be identified as business behavior. Is Xu Xixi an operator? Because during the live broadcasting period of the case, she has been hanging a “little yellow car” in the live room, which means that she is using the identity of the anchor to constantly guide the flow, which can also prove that she has the subjective intention of selling goods to make profits. < / P > < p > the case was quickly adjudicated: the platform was sealed in time and has fulfilled the corresponding legal obligations. Xu Xixi was ordered to refund Wang Dongdong’s purchase price of 4000 yuan and pay 12000 yuan three times. In addition, Xu Xixi was also responsible for Wang Dongdong’s expenditure of 3000 yuan for rights protection and 273 yuan for case acceptance fee. < / P > < p > two months after the end of the case, Chinese netizens ushered in the “love hate interwoven” double 11, and the major platforms’ live delivery and delivery results were amazing again. With Li Jiaqi, Li Xueqin and other live broadcasters being named by the China Consumer Association, various problems with live delivery are still emerging. For the emerging Internet formats, how to not only combat the enthusiasm of its normal development, but also regulate the various problems brought about by its “savage growth”, the trade-off among them tests the judicial wisdom. < / P > < p > this is also a daily problem repeatedly placed in front of the Internet court. Due to the rapid development of the Internet, new situations and new problems emerge in endlessly. Judges always have to face a variety of “first cases”, countless pairs of eyes are watching, waiting for the result of the trial to judge and revise their own behavior. Such as “dark brush traffic case” and “advance on demand case”, its significance is far beyond the scope of case justice, but plays a rule leading role in related industries. “There is no one before us, but there will come after us”. This judge is really a bit too Southern. Tolerance and prudence are the judicial attitude throughout the whole process. Let the judges continue to “go south”, so that the road of China’s Internet economy will be easier and more stable. Baidu continues to work on quantum computing to lay a solid foundation for new infrastructure construction