Being Kicked out of WeChat Group Case Is Closed! Judge Said...

Remember the article we published last month: WeChat Group Admin Kicks Users out From Group Maybe Sued&Fined?


Well, the case was finally settled just a few days ago!


Highlights of the trials verdict:

1. Dismissed the plaintiff's lawsuit; case acceptance fee totaled RMB 500, non-refundable.

2. Whoever creates a group chat is liable and responsible for what happens inside the group.

3. The legal causes that do not constitute tort civil proceedings do not fall within the scope of civil proceedings accepted by the People's Courts.



What was the story behind this trial?


On January 22, Liu Kongsheng, a lawyer in Qingdao, was kicked out of a WeChat group, which led to a heated argument between him and the group admin over a screenshot shared from Weibo about police enforcement.


After requesting to be added back into the group in vain, he decided to escalate the argument and took it to court.


Liu Kongsheng sued his colleague Liu Dezhi, the presiding judge of Pingdu Court, and admin of the WeChat group.


Claiming to defend his rights, he sued Liu Dezhi on the grounds that despite having requested to be added back into the group and apologized for 3 consecutive days, he was still not allowed in. He demanded RMB 10,000 for emotional damages.


Liu Kongsheng said, I believe he had no right to arbitrarily kick me, or anyone else, out of the group. There were no group regulations stipulated and I haven't done anything that would be considered going overboard.


The dispute was filed at the Pingdu Municipal Peoples Court on February 22, 2019. 

The Litigation Service WeChat Group would later be dissolved by Liu Dezhi as the admin.


The plaintiff then tweaked his demands to the following:


  • A written or video-recorded apology from the defendant

  • RMB 20,000 for emotional damages.


The court held that the act of "being removed from a group chat" was within the scope of a person's consensual autonomy.


The group admin did not make a negative evaluation of his reputation and honor. The claim of making an apology and providing compensation for potential losses is here based on the removal of the group member by the group admin. 


Consequently, this does not constitute a legal cause for bringing a civil action, nor does it fall within the scope of the People's Court to accept this case.



Source: 

 Editor: Crystal Huang

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USD Collection In This Way. Convenient & Safe!

As we all know, legally receiving foreign exchange is a big problem for many businessmen especially traders in China.


1

Non-standard=dangerous


In recent years, with the increasingly serious tax situation of evasion and tax fraud, and changes in the domestic and foreign economic situation, internationalization of terrorist crimes, smuggling crimes as well as cross-border crimes increase, many stricter policies have been introduced at home and abroad to build a more legal and standardized foreign trade industry.

Strengthen the crackdown on 
underground banks

Stricter investigation on HK and off-shore accounts

Stricter requirement on tax business

Since then,

More and more collection problems!

Off-shore account FROZEN!
CRACKDOWN on the underground bank!
High COST of tax refund and great RISK of export!
High rate of INVESTIGATION affect delivery and order!

In fact, the above problems can be solved by market purchase trade (customs supervision code 1039). However, since the pilot started in various cities, there are still many foreign traders and even banks do not know.

What's market purchase trade?
How to operate?
Is there any risks?

2

What is market purchase trade?


Market purchase trade refers to the trade mode in which qualified operators purchase commodities with single bill of customs declaration value of less than USD 150,000 (including) in the market area recognized by Chinese authorities and go through customs clearance procedures for export commodities at designated ports of the customs.


Long press to reply with 1039

 to obtain the list of pilot cities of market purchase trade 


3

Operation mode & procedure


4

Advantages


Wide range of application

Usually available to multi - varieties, small-batch, multi-batch procurement, generally by means of LCL customs declaration and transport.

Convenient

There are lots of gorgeous measures for small commodities that are declared for export by means of market purchase trade to further improve the customs clearance services for market purchase trade commodities. Such as:

  • 24-hours electronic customs clearance

  • Simplified declaration

  • Smart inspection and release, 

  • Simplified VAT collection, 

  • Refund management of export commodities.


VAT

The commodities exported by means of market procurement trade are directly exempted from VAT, that is, the mode without no collection and no refund

The goods which have not been obtained or cannot be obtained by market operators in the market agglomeration area can be exported by means of market purchase trade.

Low risk and cost

Under the mode of market purchase trade, export commodities can go through export customs clearance at the place where the market is located. Market operators do not need to transport commodities to the port customs to go through customs clearance, which can not only reduce logistics costs but also clear customs in advance, greatly reducing foreign trade risks and operating costs.


Quality assurance

The quality management and trace of the small commodity have become a constraint on the export of small commodities. The trade standardization of market purchase trade and the localization of trade entities are conducive to:

  • Establishing a quality trace system, 

  • Solving the export bottleneck of small commodities, 

  • Promoting trade development.


5
No more problems with customs declaration and collection?

By means of market purchase trade, these two problems can be solved simultaneously!

For the goods declared in 1039, the corresponding payment from overseas can be declared to the SAFE(State Administration of Foreign Exchange) properly in the name of 1039 trade item, and the money can be collected legally and safely.

As the above said, there are no VAT collection and refund, no input invoice, and no need to apply for tax refund, so 1039 method can be declared by foreign-trade agency and legally report the settlement of foreign exchange, which is extremely suitable for foreign traders who dont have import/export right or invoice, but want to formally export safely. 

Whats more, there is no need to worry about these stubborn problems like high inspection rate of agency export, off-shore accounts frozen, escape of underground bank and so on...

Market purchase trade, a new and high-level foreign-trade mode, can significantly improve the level of trade facilitation, reduce trade cost, and improve trade efficiency, as well as provide more detailed information and more options for customers, compared to traditional trading mode.

By using this kind of trading mode to export, the supplier only needs to contact with a professional agency. As long as the order is made with the purchaser, the rest of the process can be handed over to the professional agency. 


To learn more, 

please scan the code for details.


Authoritative qualification


As the first batch of companies with the qualification of market purchase trade operation rights in Guangzhou, one of the few foreign trade agencies that can provide agent settlement services, and also the key support export company of government, the total export trade volume of HACOS has always been  in Guangzhou. 

Government endorsement


  • Vice President Member of Professional Committee for Foreign Business Consultancy, 

  • Vice President Member of Guangdong Chamber of Commerce of Importers & Exporters, 

  • Member of CCPIT, 

  • Member of GZAEFI, 

  • etc.


Independent customs clearance


We have Independent professional customs declaration company and customs clearance personnel, which can provide comprehensive services of market purchase trade like: 
  • Customs declaration, 

  • Logistics, 

  • Commodity inspection, 

  • Foreign exchange collection

  • etc. 



Meanwhile, it maintains long-term friendly cooperative relations with many banks, has good bank credit, and obtains authorization of foreign exchange settlement of the trade.

Mature system


No matter you are the...
As an eligible and professional foreign trade agency, HACOS is more familiar with trade pattern and process, as well as the requirement of customers by providing long-term market purchase trade agency services, including 
  • Booking, 

  • Warehousing, 

  • Trailer, 

  • 1039 customs clearance, 

  • Bill, 

  • Settlement 

  • so on. 


To learn more, 

please scan the code for details.


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Two Girls Challenged Each Other to Do 1,000 Squats, and Then...

Its universally known that exercising regularly leads to a better quality of life. But what happens when you exercise excessively?


A few days ago, Miss Tang, a 19-year-old sophomore from Chongqing, decided to challenge her friend Xiao Li to do 1,000 squats together via video chat, which took about 3 hours to complete.


Although Tang felt sore after the challenge, she assumed it was normal given a large number of squats she and her friend had just done.


Two days later, she uncomfortably discovered that she could no longer bend her knee and that her urine had turned to an alarming brown color.


Tang's boyfriend accompanied her to the hospital and she was informed that she could be suffering from rhabdomyolysis.


Rhabdomyolysis is a serious condition that arises from direct or indirect muscle injury. It results from the death of muscle fibers and the release of their contents into the bloodstream. In extreme cases, rhabdomyolysis can even lead to kidney failure and death.


Completing this large number of squats in such a short time span was the big draw for Miss. Tang.


After her diagnosis, she was quickly rushed to a larger hospital for emergency treatment where she recovered in the EICU (Electronic Intensive Care Unit).


She called her friend immediately and found out that she had also been hospitalized for the same reason.


Ashamed and remorseful, Tang looked up to the doctor and said: Ill never dare myself or anyone else do something like this ever again.


The 1,000-squat challenge is actually quite popular online already but surely isnt suitable for everyone. Please be mindful of your own physical capabilities before trying anything of this intensity.




Source: Pearvideo

Editor: Crystal Huang

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