标签： 南京夜生活桑拿论坛

Xinhua News Agency, Beijing, December 29 Topic: People’s needs are an inexhaustible driving force for cultural development – important cultural memories in 2018

Xinhua News Agency reporters Bai Ying, Shi Yucen, Shi Jingnan

In the coming year of 2018, what important memories do we have that belong to culture?

In the spring, the institutional reform designed at the top sowed the seeds of cultural prosperity, which took root and blossomed in the writing of the people’s joys and sorrows and the governance of bad phenomena. The growing cultural needs of the people have become an inexhaustible driving force for the development of China’s cultural undertakings over the past year.

Institutional reform to strengthen top-level design

In 2018, in the tide of promoting profound changes in the modernization of the national governance system and governance capacity, institutional reform in the cultural field was also gradually carried out –

The responsibilities of the Ministry of Culture and the National Tourism Administration will be integrated, and the Ministry of Culture and Tourism will be established; on the basis of the radio and television management responsibilities of the State Administration of Press, Publication, Radio, Film and Television, the State Administration of Press, Publication, Radio, Film and Television will be established; the press and publication management responsibilities and film management responsibilities of the State Administration of Press, Publication, Radio, Film and Television will be assigned to the Central Propaganda Department, and the State Press and Publication Administration (National Copyright Administration) and the State Film Administration will be attached to the external brand; Central Television (China International Television), Central People’s Broadcasting Station, and China Radio International will be integrated to form

The reform of this series of top-level designs is an important part of deepening the reform of the party and state institutions. It is of great practical significance and far-reaching historical significance for strengthening the party’s overall leadership over propaganda and ideological and cultural work, promoting the modernization of the governance system and governance capacity in the field of propaganda and ideology and culture, meeting the needs of the people for a better life, and improving the soft power of national culture and the influence of Chinese culture.

The Ministry of Culture and Tourism, known as "Poetry and Distance Are Finally Together", has coordinated the integrated development of cultural undertakings, cultural industries and tourism; the newly established State Administration of Radio, Television and Television has studied the high-quality development of TV dramas in the new era, curbed the trend of pan-entertainment of audio-visual programs, carried out special projects to rectify advertising, and launched a big data system to resist audience ratings fraud.

The newly formed State Press and Publication Administration has launched a special project rectification action for online literature, held a printing industry innovation conference for the first time, and completed the first batch of online game reviews; the newly formed State Film Administration has hosted major film festivals such as the SCO National Film Festival, and identified "The Photographer" and other key films to celebrate the 40th anniversary of reform and opening up.

Literary and artistic creation, recording the joys and sorrows of the people

At the beginning of the new year in 2018, a "micro-documentary" titled "If National Treasures Could Talk" was on the screen. The always cold cultural relics "opened their mouths" to tell their own legends, so that the audience could perceive the cultural world behind the cultural relics and feel the richness and vastness of Chinese civilization.

For some time, the phenomenon of "Internet IP worship" and the introduction of foreign models in our country has dropped significantly in 2018. The popularity of documentaries and variety shows reflecting traditional Chinese culture such as "If National Treasures Can Talk", "National Treasures" and "Classic Spreading" is the epitome of this trend.

In the hundred gardens of literary and artistic creation, flowers in various fields compete for beauty, providing the masses with richer varieties and better quality spiritual food –

On the screen, there are not only "Photographer", "Huang Danian", "Film Police Baoyin" and other 40th anniversary gift films of reform and opening up, but also high-box office commercial films such as "Red Sea Action", "Detective Chinatown 2", "The Richest Man in Xihong City", and "I am not the God of Medicine", "A Good Play" and other works with realistic thinking;

On the screen, the political commentary feature film "The Only Way", the "Hundred Schools Forum" special program "Ping" Yu "Neighbors – A Dictionary of the General Secretary of the Supreme Leader", and the documentary "We Walk Together – Tribute to the 40th Anniversary of Reform and Opening Up" have aroused social resonance;

On the stage, the famous play "Death of Fame" in Beijing called for the rules and integrity of the artists, the new play "Amnesty" of the National Theatre showed the triple dilemma of public opinion, law and morality, the Shanghai Drama Art Center rearranged "Shang Yang" to explore the human nature of the reformers, and the new play "Su Dongpo" of Sichuan People’s Art created the image of politicians and writers for the benefit of the people…

Literature and art sound the horn of the times, show the style of the times, and lead the atmosphere of the times. Literature and art workers in the new era are integrating into the magnificent era with their fiery literary and artistic creations, recording the joys and sorrows of the people, and working together with rich works to realize the Chinese dream of the great rejuvenation of the Chinese nation.

Manage chaos, escort cultural prosperity

Videos and spoof classics that endangered the physical and mental health of minors were investigated and punished. Online video websites that spread content that challenged the bottom line of morality or even violated the law were rectified. Advertisements that falsely promoted health product collections and other advertisements were stopped.

Looking back on 2018, in order to provide more nutritious spiritual food and create a clearer cultural environment, the regulatory authorities concentrated their efforts and frequently "shone the sword".

At the end of May, a "yin and yang contract" exposed the shady industry. Soon, the Publicity Department of the Chinese Communist Party and other departments jointly issued a notice calling for strengthening the governance of sky-high film and television industry salaries, "yin and yang contracts", tax evasion and other issues, controlling unreasonable salaries, promoting tax payment according to law, and promoting the healthy development of the film and television industry.

A few months later, actor Fan Bingbing was ordered to pay taxes, late fees, fines of more than 800 million yuan on schedule, becoming the largest case of personal tax evasion handled by the tax department in recent years.

In response to the long-criticized issue of fake audience ratings, the State Administration of Radio, Film and Television launched a big data system for comprehensive evaluation of radio and television program ratings at the end of the year, which deeply reflects the diverse needs of users for the content and viewing methods of radio and television program ratings through super-large-scale massive data. It will promote the change of the way viewers watch TV and help to root out the problem of fake audience ratings.

Reshaping a positive and positive cultural environment, conforming to public opinion and gathering people’s hearts are also inevitable requirements to meet the growing cultural needs of the people and the healthy development of cultural prosperity. In the entertainment tide of accelerated industrial change, people look forward to the big waves sweeping the sand and stirring up the Qing Dynasty; in the era of increasingly diverse cultural consumption, building the peak of culture and art with high-quality works has become the common call and pursuit of the whole society.

　　Author/Yali, Editor/Guo Ji’an

　　"I won. Thank you, Judge."

　　At 4:58 pm today, as soon as the "iQIYI" Celebration of More Than Years "case ended, the plaintiff Wu Shengwei eagerly posted this Zhihu update.?

　　It all started with the hyped-up "Qingyu Nian" advanced on-demand event last year. In December last year, "Qingyu Nian" launched an advanced payment model during the broadcast, allowing members to unlock the advanced on-demand privilege at a price of 3 yuan per episode, or pay 50 yuan to watch 6 episodes in advance.

　　The news broke and public opinion was in an uproar. Lawyer Wu Shengwei believed that the platform had violated his rights as a golden VIP member in disguise, so he sued the broadcasting platform iQIYI in court with a complaint.

　　This afternoon, the case was handed down at the Beijing Internet Court. The court ruled in court that iQIYI’s "iQIYI VIP Member Service Agreement" was partially invalid; the "paid ahead on-demand" clause updated after the defendant purchased the membership service was not effective for the defendant; iQIYI should continue to provide the defendant with the original membership rights.

　　Soon, people began to carry the results of the trial on social platforms such as Weibo. Luo Gus, a lawyer who had also sued Tencent Video for "Qingyu Nian", also summarized the verdict on Zhihu, which was also the four points that many people summarized when discussing the results of the trial:

　　However, is the "advanced on-demand" model really illegal? Entertainment Das Kapital, who watched the live broadcast of the entire trial, found that in fact the court did not find the advanced on-demand business model illegal. The plaintiff in this case was able to win the case mainly because the unilaterally changed new contract damaged the original rights and interests of members.

　　iQIYI also issued a statement at the first time, saying that "there is nothing wrong with the advanced on-demand model". The court held that iQIYI’s launch of the advanced on-demand model is justifiable, and the change of the contract is necessary and reasonable in the industry. It does not deny the entire business model.

　　The plaintiff in the "Qingyu Nian" case won, but "advanced on-demand" is not illegal

　　We shall focus on unraveling the first two points mentioned by Venlogus, which are currently the most controversial.

　　First, "advanced on-demand" is illegal and constitutes a breach of contract.

　　In fact, the judge had already emphasized in his sentencing, "Relying on Internet technology, people’s differentiated needs for work and life are gradually satisfied. The’membership-based ‘service model launched by video platforms based on consumer willingness has been accepted by the public. It is not inappropriate to explore new video broadcast methods on this basis."

　　To be precise, the judgment of "Qingyu Nian" in breach of contract was mainly because the platform did not clearly inform users before changing the membership contract, and the new "advanced on-demand" model essentially damaged the interests of users. Because the plaintiff Wu Shengwei purchased iQIYI members in June 2019, but iQIYI added the advanced on-demand clause without authorization on December 8, 2019. The violation is this act of changing the contract, not the advanced on-demand model.

　　In other words, if you purchased a member after iQIYI changed the contract on December 8, 2019, you can be considered to agree with the advanced on-demand model, and it is unlikely to win the case like this plaintiff. This legal precedent cannot benefit others and has certain particularities.

　　Second, the nesting doll clause that "stipulates that the standard clause is not the standard clause by the standard clause" is illegal and invalid.

　　The judgment concerns a common "standard clause trap" in contracts. In its December 2019 membership agreement, iQIYI mentioned that "both parties agree that the aforementioned exemption and limitation of liability clauses do not belong to the clauses stipulated in Article 40 of the Contract Law that’exempt its liability, increase the liability of the other party, and exclude the main rights of the other party ‘. That is, both you and iQIYI agree to the legality and validity of the aforementioned clauses, and you will not claim that the clauses in the agreement are illegal or invalid on the grounds that iQIYI has not fulfilled its obligation of reasonable presentation."

　　The court held that the iQIYI membership agreement was an agreement unilaterally issued by the platform without consultation with the other party, and was a standard clause stipulated by law. The above statement violates the mandatory provisions of Article 40 of the Contract Law on the validity of standard clauses. At the same time, the standard clause requires the user to promise to give up claiming that the standard clause is illegal or invalid on the grounds that "iQIYI company has not fulfilled the obligation of reasonable presentation". It is a situation where the standard clause is used to simulate that it has fulfilled its legal obligations, so it is invalid.

　　That is to say, the court held that iQIYI’s membership agreement contained multiple cases suspected of exempting itself from liability and increasing user liability, which essentially violated Article 40 of the Contract Law (the main content is: if one party provides a format clause to exempt its liability, increase the liability of the other party, and exclude the main rights of the other party, the clause is invalid), so it is not supported.

　　Similarly, the statement in the iQIYI membership agreement that "you will not claim that the terms of the agreement are illegal or invalid on the grounds that iQIYI has not fulfilled its reasonable obligation of presentation" is in the form of standard terms to relieve iQIYI of its legal obligations as the drafter of the standard terms, and it is also illegal.

　　After listening to the entire judgment, it is not difficult to find that the court can understand the motives and reasons for iQIYI’s implementation of the advanced on-demand model, and also acknowledges that its unilateral change of contract is necessary and reasonable in the industry. However, it still emphasizes that the implementation of the new model should be based on the principle of not harming the rights and interests of the original members.

　　Regarding the two points of contention between the two parties: first, whether the advance on-demand harmed the interests of the original members; second, whether iQIYI fulfilled its obligation to inform in advance before changing the terms, the court’s answer was negative.

　　Therefore, if Youku, iQiyi, and Tencent want to implement the advanced on-demand model or other’VVIP ‘models in the future, they must clearly mark the price. Before changing the contract, users should also be clearly reminded in a prominent position. The advanced on-demand model is not illegal, and it is illegal to unilaterally change the contract and damage the interests of users.