Logic and Policy Suggestions of Digital Economy Boosting Service Trade

Text/Chunmin Zhao, Professor and Doctoral Supervisor of School of Economics and Business Administration, Beijing Normal University; Wen Lei, lecturer and doctor of capital university of economics and business Institute of Economics.

The rapid development of digital economy and service trade, and the driving relationship between them, is one of the outstanding performances of China’s entry into WTO for 20 years. With the global epidemic of COVID-19, the downward pressure on the world economy has been increasing, the process of economic globalization has suffered serious setbacks, protectionism, populism and unilateralism have gradually risen, and international trade and international investment have fallen sharply, which has brought great challenges to the high-quality development of China’s service trade. Therefore, how to use the digital economy to promote the high-quality development of China’s service trade has become an important issue after China’s service trade has entered a new stage of development.

First, the role of digital economy and service trade in promoting national economic growth

With the rapid growth of China economy entering a new stage of high-quality growth, the role of digital economy in promoting national economic growth has become increasingly prominent. According to statistics, the added value of China’s digital economy was only 2.6 trillion yuan in 2005, and it soared to 39.2 trillion yuan in 2020, and its proportion in GDP also increased from 14.2% in 2005 to 38.6% in 2020. With the global epidemic in COVID-19 and the increasing downward pressure on the world economy, the digital economy has become the key for China to cope with the economic downturn. The White Paper on the Development of Digital Economy in China (2021) shows that China’s digital economy will grow by 9.5% year-on-year in 2020, which is 7.2 percentage points higher than the nominal GDP growth rate in the same period; The scale of digital economy in 13 provinces and cities such as Guangdong, Jiangsu and Shandong exceeds 1 trillion yuan, and the added value of digital economy in Beijing and Shanghai accounts for more than 50% of GDP. From the vertical dimension, China’s digital economy has also experienced a long period of rapid expansion. From 2005 to 2020, the scale of digital economy has increased by 15.08 times, with an average annual growth rate of 18.48%, while the GDP has only increased by 5.55 times and the average annual growth rate is only 11.3%. From the perspective of value-added accounting, the contribution rate of digital economy to national economic growth is also significantly improved. From 2014 to 2020, the contribution rate of China’s digital economy to GDP growth exceeded 50%. The COVID-19 epidemic has promoted the rapid development of e-commerce retail, online office and other businesses, which has greatly released the potential of digital economy.In 2020, the contribution rate of digital economy to GDP growth is close to 70%, while the contribution rates of the three major industries in GDP in the same period are 7.7%, 37.8% and 54.5% respectively. In addition, the advantages of digital technology in anti-epidemic practice and social governance have gradually emerged. China has widely applied digital technologies such as 5G, big data, cloud computing and artificial intelligence in anti-epidemic activities such as epidemic monitoring, virus tracing, prevention and rescue, which not only provides effective and valuable experience for the international community’s epidemic prevention and control, but also fully taps the huge potential contained in the online model of social governance in the unprecedented changes in the past century.

Similar to the development of digital economy, China’s service industry and service trade also ushered in rapid development during the "Thirteenth Five-Year Plan" period, and important progress was made in the opening of service industry and the innovative development of service trade. The Research Report on the Development of China’s Service Trade Industry (2020) pointed out that from 2016 to 2019, the output value of China’s service industry increased by 6.6% annually, especially under the adverse impact of the COVID-19 epidemic, China’s service industry still rose against the trend in 2020, with a year-on-year increase of 2.1%; Compared with offline retail, transportation, accommodation and catering, new consumption patterns closely related to digital technology, such as online shopping, live delivery, community sharing and direct delivery in stores, have grown strongly. Take live broadcast with goods as an example. In the first half of 2020 alone, the scale of live stream economy reached 563 billion yuan, and the economic scale indirectly produced by live broadcast also reached 283.3 billion yuan. Compared with the development of service industry, China’s service trade has been negatively impacted by the COVID-19 epidemic. In 2020, the import and export amount of China’s service trade was 4.56 trillion yuan, down by 15.7% year-on-year, which was far from the growth rate of 1.9% of goods trade. However, compared with the negative growth of total trade volume, there are still some gratifying changes in China’s service trade: First, the trade deficit has been greatly reduced. Compared with 2019, China’s service trade deficit dropped from 1.51 trillion yuan to 0.69 trillion yuan in 2020, down 53.88% year-on-year. Second, the trade structure has improved significantly.Knowledge-intensive service products have become the main force of China’s service trade import and export. In 2020, the total import and export volume reached 2.03 trillion yuan, up 8.3% year-on-year. Compared with 2019, the share in service trade has also increased significantly, increasing to 44.5%. Third, important progress has been made in opening up the service industry. Since the establishment of the Shanghai Pilot Free Trade Zone in 2013, China has successively established 21 free trade zones, and put forward a series of differentiated pilot tasks based on the characteristics and advantages of each region; The number of service outsourcing demonstration cities has increased to 31, and the service trade volume of Beijing-Tianjin-Hebei, Yangtze River Delta and Pan-Pearl River Delta accounts for 60.6% of China’s service trade. In particular, the newly established Beijing Free Trade Zone in 2020, relying on Beijing’s position and advantages in China’s service industry opening and digital economy development, will mainly focus on the service industry, especially the development of digital economy and digital trade, and create a new highland for China’s service trade opening strategy.

As an important part of the digital economy and the most important manifestation of the internationalization of the digital economy, China’s digital trade ushered in a vigorous development during the "Thirteenth Five-Year Plan" period. According to statistics, China’s digital trade volume was 200 billion US dollars in 2015, and it has increased to 294.76 billion US dollars by 2020, with an average annual growth rate of 8.07%. In the same period, the proportion of digital trade in service trade has also increased from 30.6% to 44.5%. The Report on Digital Trade Cooperation and Development 2021 shows that the scale of China’s digital service trade will rank fifth in the world in 2020 and become the only developing country among the top five global digital trade. The international competitiveness of enterprises in the digital economy has been continuously improved, and the trade volume of digital services has gradually turned from US$ 14.82 billion in 2011 to a surplus. During the 13th Five-Year Plan period, except for 2017, the export volume of digital trade in China was greater than the import volume, and by 2020, the surplus difference would be US$ 14.77 billion. As far as the digital trade sub-sectors are concerned, information and communication technology services (ICT) are the areas where the export share has increased the fastest and contributed the most to the growth in the past 10 years. From 2011 to 2020, the share of ICT services in China’s digital service exports increased by 19.7 percentage points. At present, China has become the largest source of international patent applications among the member countries of the Patent Cooperation Treaty (PCT), especially in the digital technology fields such as 5G, blockchain and artificial intelligence, ranking first in the world.A large number of ICT enterprises with international competitiveness have emerged.

Second, the theoretical logic of the digital economy to promote the high-quality development of service trade

The digital economy promotes the high-quality development of service trade mainly based on the digitalization of trade methods and trade objects. The former means that with the development of information and communication technologies such as 5G, big data and cloud computing, the traditional service trade mode is becoming more and more digital and intelligent. By strengthening the integration and penetration of digital technology and trade mode, the cost of service trade is reduced and the efficiency is improved; The latter means that with the data becoming a new factor of production, and the gradual formation of the data trading market and the improvement of the data trading system, more and more service trade products are spread in the form of data, or even exist directly in the form of data, thus expanding the scope of existing service trade products and expanding the breadth and depth of service trade.

(A) the impact of digital trade mode

1. Reduce the cost of trade in services

Since 1980s, with the transformation of global economy from "industrial economy" to "service economy", the status and role of service industry, especially modern service industry, has become more and more prominent in the world economy. However, compared with the service industry, the development of global service trade is relatively backward. According to statistics, the proportion of service trade in global cross-border trade in 2020 is only about 1/5, which is far behind the proportion of service industry in global GDP. The reason for this phenomenon is related to the industry attributes of the service industry itself: on the one hand, whether it is traditional service industries such as tourism and transportation, or modern service industries such as information and communication, finance and education, most services require production and consumption at the same time and place, which makes it difficult for domestic service providers to directly provide services to foreign consumers. In addition, service products are invisible, easy to disappear, inseparable and easy to copy, which makes it difficult for service products to use offline logistics systems to achieve overseas sales through cargo transportation like agriculture and manufacturing. Therefore, compared with traditional trade in goods, the cost of developing trade in services is higher. The United Nations Conference on Trade and Development (UNCTAD) compared the trade costs of the three major industries, and found that the trade costs of the service industry were much higher than those of agriculture and industry, especially those of commerce, retail and other industries with prominent geographical attributes. On the other hand, because the personal necessities of life are directly related to the service industries such as commerce, transportation, education and medical care, ordinary residents have a stronger sense of the dynamic development of their service industries than the agricultural and industrial sectors.In addition, education, finance, medical care and other industries have great influence on a country’s traditional culture, social psychology, macroeconomic growth and other important socio-economic factors. Countries are relatively conservative in opening up key service sectors, and often impose many restrictions on foreign enterprises based on political, economic and cultural interests. Therefore, compared with other industries, countries have stricter regulatory policies and barriers to the service industry, which also increases the cost of foreign service enterprises and service products entering the domestic market.

With the deepening of the integration and penetration of information and communication technology and international trade, new trade formats and models have been born, which has alleviated the information asymmetry in traditional international trade, thus effectively reducing trade costs. The development of international trade depends largely on the collection, processing and application of market information, and information communication technology has changed the way of information transmission and improved the efficiency and quality of information transmission of foreign trade enterprises, thus playing a great role in reducing market segmentation and promoting the development of service trade. As far as information acquisition is concerned, under the traditional trade mode, enterprises usually conduct detailed overseas research when entering new markets or looking for new customers, so as to fully collect information such as policy trends, market conditions and customer credit. Obviously, although these methods help to reduce the risk of foreign trade, the upfront cost of investment is also large. The extensive use of information technology enables enterprises to fully understand overseas market information through online search engines and digital advertisements, thus greatly reducing the cost of information collection. As far as information output is concerned, digital technologies such as internet, microprocessor and information communication provide more efficient and cheap ways for enterprises to promote their markets. Compared with establishing marketing channels and choosing below-the-line, foreign trade enterprises not only have lower cost, but also can achieve accurate delivery based on customer types by using online advertising or establishing virtual websites. The inherent trading mode based on fixed time and fixed real place is replaced by the digital exchange at any time and any place under the cross-border e-commerce integrated service platform.Both the hard constraints of physical space-time and fixed-time regulation are relaxed, thus providing unlimited possibilities for service enterprises to enter the global market.

Digitalization of trade mode reduces trade cost, which is also reflected in the organic combination of information flow, capital flow and goods flow. In traditional international trade, cross-border logistics has long time, many links, long distance and high cost, and it also involves complex issues such as customs clearance procedures in different countries. Payment in advance, letter of credit and other payment methods crowd out enterprise funds, which makes the return period of enterprise funds longer and increases risks. With the development of digital technology, especially the digitalization of cross-border trade comprehensive services such as market information services, logistics information services and payment and settlement services provided by cross-border e-commerce platform enterprises, the degree of integration of enterprise capital flow, goods flow and information flow is deepening, which greatly reduces the operating costs of foreign trade enterprises. In terms of platform intermediary services, some large cross-border e-commerce companies have entered the international market one after another, extending their service targets from domestic to overseas. In terms of market information services, big data service enterprises or platforms that provide data analysis and data docking came into being, which can not only help enterprises to update market information in time and improve production and operation performance, but also help enterprises to select products efficiently and increase sales through big data analysis. In terms of cross-border payment services, many intermediate links of collection and payment, including collection, exchange, payment and financing, can obtain "one-stop" financial services through the cross-border e-commerce payment platform. According to the report of China Payment and Clearing Association, RMB cross-border payment system handled 1,884,300 transactions in 2019, amounting to 33.93 trillion yuan, up by 30.64% and 28.28% respectively.

2. Improve the efficiency of service trade

With the application and development of digital technology, digital technologies such as 5G, big data, cloud computing and artificial intelligence are constantly being used in the process of transaction circulation and production management. In the transaction circulation, foreign trade service enterprises and foreign trade regulatory agencies are increasingly using digital technology, including digital terminals such as smart phones, intelligent robots and laptops, as well as services based on digital technology such as the Internet, search engines and e-commerce platforms, thus greatly improving the efficiency of serving foreign trade enterprises to participate in the global market. In the production management, in the process of digital transformation, the service outsourcing trend of enterprise digital delivery is becoming more and more obvious, including not only the digital service outsourcing of traditional business processes such as human resource management, financial audit and back-office support, but also the information technology outsourcing such as software research and development, platform support and information system maintenance. The continuous refinement of the production process and the vigorous development of digital and information service outsourcing not only create more opportunities for international division of labor, but also facilitate enterprises to efficiently divide production links in the areas with the most comparative advantages in the international market.

In addition, the improvement of service trade efficiency by digital technology is also reflected in its influence on supply chain and value chain. With the increasing application of digital technology in supply chain management, the synergy efficiency of upstream and downstream enterprises in the same supply chain or value chain is improved, and the procurement cost, logistics cost and marketing cost are greatly reduced, which is conducive to enterprises to form new advantages in the international competitive environment. In fact, the optimization of supply chain by digital economy is mainly reflected in two aspects: first, enterprises can realize the resource integration of upstream suppliers by using digital economy, and through the in-depth value and quality evaluation of upstream suppliers, it will help foreign trade enterprises to make the most cost-effective procurement; Second, based on digital recognition functions such as big data and cloud computing, enterprises can more effectively distinguish and master the differences of consumer preferences in different regions, and can accurately locate the target population through personalized and customized products to obtain the highest income. According to the WTO research report, digital technology makes supply chain management change from a linear model to a more comprehensive model in which information flows in multiple directions at the same time. Market information is more diverse, open and transparent, so enterprises can transmit and obtain information more quickly in the new global value chain, thus improving the efficiency and accuracy of global division of labor. In fact, the traditional chain of division of labor in the value chain is long, including R&D design, marketing and after-sales service with high added value, as well as assembly, processing and transportation manufacturing with low added value. Too many intermediate links lead to the profit margins of the upstream and downstream of the value chain being diluted and compressed layer by layer.The cross-border comprehensive business service platform based on digitalization and intelligence removes the intermediate links, which helps to realize the direct interactive docking between supply and demand, and can optimize and innovate different links in the value chain division system in time through real-time market feedback. Therefore, with the popularization and use of digital technology, the cost of service trade enterprises has been reduced and the efficiency of new global value chain division has been improved.

3. Affect the opportunities for small and medium-sized foreign trade enterprises to participate in the global market.

As mentioned above, the application of digital technology will have an important impact on supply chain management and value chain division, but how to affect the participation of small and medium-sized foreign trade enterprises in the global market is still uncertain. As pointed out in the White Paper on the Development and Impact of Digital Trade (2019), digital technology first reshapes the production process, especially technologies such as artificial intelligence, 3D printing technology, and automated production, which reduce the degree of coordination demand for division of labor between countries and enterprises. With the continuous integration of upstream and downstream links in the division of labor chain, the length of the value chain is greatly shortened, which may reduce the opportunities for small and medium-sized foreign trade enterprises in developing countries to participate in the division of labor in the value chain. Secondly, according to the new trade theory, enterprises need to pay some sunk costs to enter the export market, including overseas market research, marketing channel establishment and advertising expenses, etc. Many small and medium-sized enterprises may find it difficult to enter the export market because they cannot pay these upfront costs. The emergence of digital technology, especially the cross-border integrated service platform, has greatly reduced the cost of coordination and matching, thus creating conditions for the majority of small and medium-sized foreign trade enterprises to participate in the global market. Thirdly, the integration of digital technology and the real economy has further strengthened the tendency of global production fragmentation, which has gradually exposed the individualized scattered demand of value chain terminals, which has provided new market space for small and medium-sized enterprises. Especially with the digitalization of trade methods, small and medium-sized service foreign trade enterprises can get rid of the complicated, cumbersome and lengthy intermediate links of import and export and focus on improving their operating efficiency and product quality.On the contrary, it may help SMEs to play a more active role in the global value chain.

(B) the impact of digital trading objects

1. Expand the scope of products for trade in services

The Opinions on Building a More Perfect System and Mechanism of Factor Market Allocation regards data as a production factor alongside land, labor, capital and technology, and requires "accelerating the cultivation of data factor market". Compared with other elements, data elements have incomparable advantages in replicability and shareability, unlimited growth and supply, and can break the restriction of limited supply of traditional elements on growth, thus providing a solid foundation for sustained and stable economic development. The value of data elements is not the data itself, but the value created in the process of data integration with other production factors. This kind of value appreciation and its stimulating effect are exponential. More importantly, data elements can improve the allocation efficiency and use efficiency of traditional elements such as labor, capital, technology and land, and improve the efficiency of enterprises in the actual production process by providing more efficient and convenient digital public services. In addition, data elements can create more material wealth and service products with less material resources, which may have a substitution effect on traditional production factors. For example, due to the impact of mobile payment, the number and business premises of traditional bank outlets and ATMs have been greatly reduced. Boston Consulting Group (BCG) estimates that the popularity of Internet and mobile payment has reduced China’s traditional offline payment infrastructure by at least 1 trillion yuan in the past 10 years. It is precisely because of the increasingly prominent role of data elements in the production process and the actual economic growth process that many countries, such as the United States, Britain, Sweden, the Netherlands, South Korea, China and so on, have successively put forward big data strategies.Promote the development of China’s big data industry by increasing investment in technology research and development, strengthening basic databases and promoting open data sharing.

With data becoming a new factor of production, with the emergence of online virtual cloud storage with lower cost and more optimized methods, and the rapid upgrade iteration of hardware and terminal equipment such as smart phones and in-vehicle intelligent terminals, more and more products and services in international trade also appear in the form of data, including traditional digital products such as books, audio-visual products and software, as well as new digital services such as education, medical care and social media provided online. Limited by the fact that the production and consumption of service products are in the same place at the same time, services such as taxis, beauty salons, accommodation and catering in the digital age will continue to be provided locally and need the support of physical departments. However, in the service industries with high digitalization such as retail, software development and business process outsourcing, the trend of "de-localization" and globalization is becoming more and more obvious. Thanks to digital technology and the empowerment of Internet platform, many non-tradable service departments that were previously limited by time and space have become highly tradable through online remote delivery. For example, education, as an important field of service industry, is traditionally provided by local teachers to local students, so it is difficult to cover areas designated by local education authorities, and its strong exclusiveness leads to insufficient competition. The quality of education is greatly influenced by regional economic development, teachers’ strength and social concepts, and there are great differences among countries, regions and even communities. Under the impact of the COVID-19 epidemic, many areas stopped on-site teaching and replaced it with online and offline mixed teaching or cloud education. This new type of education has broken through the limitation of time and space.Any organization and individual with Internet access all over the world can access relevant educational resources. More and more teaching procedures, such as preview, teaching, answering questions, and even some types of exams can be performed remotely.

2. Reshaping the global value chain

With the improvement of the data trading market, the data elements flow faster between different industries or even within the same industry, which promotes the sharing of knowledge and technology throughout the industry, accelerates the industrial integration, accelerates the digital transformation process of traditional industries and strives to move towards the high end of the global value chain, which not only gives birth to a large number of new service trade formats and new models, but also realizes the reshaping of the global value chain. On the one hand, more and more cross-border digital products and services have entered the global value chain driven by digital technology. With the acceleration of the integration of digital technology and various production links in the industrial chain, the transaction process between the upstream and downstream links of the value chain is highly transparent and the transaction cost is greatly reduced, which provides the possibility for further refining and integrating the division of labor system of the value chain between different production links. Specifically, this effect is reflected in three aspects: first, in order to focus on more efficient production links, some enterprises will separate their own production or service products that do not have comparative advantages and distribute them to more advantageous areas for production through outsourcing; Second, a new generation of information and communication technologies represented by big data, cloud computing, artificial intelligence, 5G networks, blockchain, etc. create more new products and services on the production side, which in turn are further embedded or transformed into existing global value chains through digital technology; Third, digital technology promotes those specialized services that focus on the local market to "go global" and integrate into the global value chain system more quickly and efficiently.

On the other hand, cross-border digital products and services have changed the law of income distribution in global value chains. In the traditional value chain division system, the links at both ends of the "smile curve" create more value-added and earn the vast majority of the total profits of the industry. With the increasing application of digital technology, the existing international division of labor system has changed, which has also impacted the income distribution pattern of value chain to some extent. First of all, the value creation level of upstream and downstream production links of the "smile curve" has been further improved. In fact, compared with the manufacturing process, digital services are applied more frequently at both ends of the "smile curve". This integration process makes the whole digital service more dispersed and the tradability greatly increased, which creates conditions for the production of products and services with higher complexity. Secondly, the value creation ability of processing and manufacturing links in the middle of "smile curve" gradually decreases. The application of digital technology has accelerated the process of industrial automation and modularization, and the traditional manufacturing processes in the middle of the value chain have become more and more standardized. However, the value added created by standardized production may be gradually reduced because it is difficult to meet the individual needs of users. For example, in order to meet the requirements of online travel agencies, the products and services provided by various travel providers are becoming more and more standardized; Combined with the change of income distribution law in the value chain, many processing and manufacturing enterprises that were originally engaged in intermediate links have extended to both ends of the value chain one after another, and further integrated the knowledge and information stored in this production link by using digital technology.On this basis, the front-end and back-end digital products and services are developed, which not only promotes the digital transformation of enterprises, but also exports digital services.

Third, the main challenges faced by the digital economy to promote the high-quality development of service trade

(A) the integration of digital technology and service foreign trade enterprises may give birth to new risks.

The promotion of service trade by digital economy mainly depends on the digitalization of trade methods and trade objects. Whether it is the digitalization of trade mode or trade object, it requires the gradual coordination and integration of digital technology and production service process. However, the process of using digital technology itself contains new risks, which may lead to new risks in the digital transformation of service foreign trade enterprises. Specifically, this risk is mainly manifested in the following aspects: First, because the network environment has the characteristics of virtualization, strong accessibility and connectivity, and it is difficult to supervise, illegal and criminal activities such as cyber terrorism, online gambling, and online money laundering by using digital currency may take a ride in the digital transformation of foreign trade enterprises and further develop. These activities are wide-ranging, dangerous and concealed, and pose serious harm to national security. Second, the key to the digitalization of trade objects lies in data, and with the blessing of information and communication technology and microelectronics technology, the liquidity of data, a new production factor, is constantly increasing. Data contains a lot of consumer information, and the acceleration of data flow also aggravates the risk of consumer privacy being violated. For example, the "big data killing" that has been widely criticized in China means that businesses use digital technologies such as big data and cloud computing to analyze consumers’ preferences, consumption levels and consumption habits, adopt differential pricing in market transactions, and sell the same goods or services to consumers at different prices, resulting in that old users or members may even spend more on purchasing these products than new users. Third,Digitalization of trade mode increases the risk of infringing intellectual property rights and stealing business information and digital assets. Compared with offline transactions, counterfeiting and piracy in digital service trade are more difficult to control. The risks existing in the process of digital transformation of the above-mentioned service foreign trade enterprises can be regarded as "original risks". On this basis, in order to protect national security, public interests and citizens’ privacy, countries will strictly control service trade platforms and service products, which may induce "secondary risks". There are great differences among countries in the concept, rules and measures of digital trade control. The control behavior of one country may not conform to the control rules of other countries, which may lead to international disputes and affect the normal development of global service trade.

(B) The digital transformation of service foreign trade enterprises may aggravate the ethical problems of algorithms.

In the process of digital transformation of service foreign trade enterprises, algorithm is at the core. The algorithm here is not limited to abstract mathematical structure algorithm, but under the guidance of specific goals, one or more algorithms are executed in programs, software or information systems, and the results that can support people’s decision-making are obtained based on complex rules. There are many kinds of algorithms, although some of the recommended algorithm decisions have little influence on people, but the algorithm decisions in employment evaluation, crime evaluation, credit loan and so on may affect the interests of individuals and even some races. Moreover, a small mistake or discrimination in algorithm decision-making will evolve into multiplication effect or chain effect in subsequent decision-making, which will have a serious impact on individuals, groups and society. In addition, the algorithm has more and more life attributes, and the algorithm discrimination in the algorithm decision-making process is more likely to lead to ethical risks, such as discriminating according to the user’s gender, income or race based on the calculation results of big data, "killing big data", etc. Its essence is to further extend the inherent discrimination consciousness, cultural prejudice and social categorization tendency of human beings in the algorithm programming. Firstly, the ethical problems of algorithm come from the quality of data, that is, the original data collected are incomplete, incorrect, missing samples, and lack of protection of sensitive attributes, which leads to the result of "bringing in problems and bringing out problems" and forms a self-fulfilling discriminatory feedback loop. Secondly, the prejudice embedding in the algorithm model intensifies the algorithm ethics. Algorithm designers and program developers may consciously or unconsciously embed negative consciousness such as self-carried discrimination and prejudice in the coding process.Leading to the final result of non-neutrality. Thirdly, the algorithm ethics reflects the opacity of the algorithm process to some extent. Algorithm decision-making is usually completed by a large number of engineers with different division of labor, which contains a large number of rules that are difficult to detect. In addition, the input and output of the algorithm are unpredictable due to the processing speed of the machine and a large number of potential operating variables, which makes it particularly difficult to make manual intervention and real-time monitoring of algorithm decision-making.

(3) The giant e-commerce service platform is suspected of platform monopoly.

Digital technology greatly reduces the cost of service trade and improves trade efficiency by objectifying trade methods. In this process, the emergence of cross-border e-commerce integrated service platform has played a decisive role. However, for small and medium-sized platforms and small and micro enterprises, the unfair behavior of some giant e-commerce service platforms based on the competitive advantages of users, data, algorithms and capital may make their living environment and competitive environment worse. For example, there will be a positive promotion between the consumers who use the platform and the merchants who enter the platform, which will make it easier for the big platform to attract merchants and accumulate users, so it will have an advantage in operating costs, and under the influence of Matthew effect, a situation of "winners take all the food, losers take the overall plan" will be formed. At the same time, users are easy to form path dependence on the platform, and are often forced to compromise the unfair behavior and unfavorable contract terms of large platforms. Based on its powerful data and economic resources, the giant platform hides the unfair predatory competition process behind the scenes, which not only damages the competitive market environment, but also brings great challenges to the supervision work.

(D) digital technology to promote the development of service trade is restricted by the digital divide.

The foundation of digital technology to promote the high-quality development of service trade lies in digital technology itself. However, what needs to be seen is that digital technology is transforming people’s lives at an unprecedented speed and scale. While bringing huge opportunities, it may also create new inequalities because it is difficult for everyone to share digital dividends. Among them, the digital divide is a prominent manifestation. This inequality is manifested in many aspects, including the inequality in digital infrastructure and digital rules at the national or regional level, as well as the inequality caused by the limitation of digital access and output of some social groups. Specifically, the digital divide includes three types: one is the difference in access level caused by digital communication technology, for example, it is difficult for some African countries to use the Internet and smart phones due to the limitation of digital infrastructure; Second, the differences in the use of digital communication technology, such as the elderly or low-skilled labor force, it is difficult to use upgraded smart phones or laptops because they cannot master the updated operation methods; Third, the differences in the use of information resources to participate in social life caused by information inequality, such as the difference in the degree of Internet use, will have a significant impact on family asset selection, employment and wages, entrepreneurship, and agricultural land transfer. With the digital divide becoming more and more obvious, its negative impact on social life is gradually emerging, which will not only create a new gap between the rich and the poor, but also aggravate the existing social and economic inequality. Especially in the case of the accelerated development of digital trade, developing countries have a weak foundation in big data-based technologies such as 5G, Internet of Things and artificial intelligence.The "digital divide" may further widen its economic and technological gap with developed countries.

Fourth, the path choice of digital economy to promote the high-quality development of service trade

(1) Improve the transaction and circulation system of data elements to provide security for the digital economy to promote the high-quality development of service trade.

The vitality of the data market is inseparable from the legal and compliant circulation of data elements. According to some characteristics of data elements, we should build a multi-level, traceable, supervised, safe and effective data element market to promote the standardization of data element circulation. As a new factor of production, data is an important cornerstone of building a modern economic system. Accordingly, data security has also become an important component of the national security concept. The Tenth Five-Year Plan clearly points out that it is necessary to "comprehensively strengthen the network security guarantee system and capacity building, and earnestly safeguard the security of new fields". At the same time, the Data Security Law of People’s Republic of China (PRC), promulgated in 2021, provides a legal basis for ensuring digital security and safeguarding the rights and interests of individuals and organizations in the process of data development and processing. Therefore, a healthy data trading market should have both liquidity and security. First of all, combined with the diversity of data elements, a multi-level market trading system is constructed. Different from standardized goods, data elements are very different in performance, attributes and forms. Even the same original data will form different new data after screening, splitting, adjusting and coding. Therefore, a healthy and orderly data circulation market should reflect the diversity and multi-level of data, and establish an elastic adjustment mechanism to meet the requirements of specific types and scenarios. In addition, according to the different requirements of data security, privacy and sensitivity, the data market can be divided into three different types: completely open, incompletely open and never open. Among them, we should pay special attention to incomplete open data, and combine the data use, data nature, related data and privacy cost of regulatory difficulty, etc.Set different desensitization degrees, usage restrictions and handling requirements. Secondly, use blockchain technology to strengthen the traceability of data. Because the data can be copied, the circulated data is no longer unique to the seller, and if there is a dispute during the transaction, the seller will bear higher risks. Therefore, blockchain technology, which has natural advantages in confirming rights, can be used to record and trace the prior consultation, transaction process and data access of data transactions. When a transaction dispute occurs, the rights holder can prove its legal ownership through the timestamp of the blockchain transaction, and can also trace and detect the undesirable or illegal behavior. Thirdly, use privacy protection technology to ensure data security. The replicability of data itself means that there is a great risk of privacy leakage in the transaction process, and the interception, tampering and resale of the trading platform aggravate the data security problem. This requires that in the process of data generation, circulation and use, the protection standards of data classification and classification should be formulated according to data content and application scenarios, so as to achieve targeted, hierarchical and differentiated data privacy protection and security protection.

(B) actively resolve the ethical issues of algorithms in the digital transformation of service foreign trade enterprises.

To solve the ethical problems of the algorithm, we need to start from three aspects: First, in view of the transparency of the decision evidence of the algorithm, we should strengthen the supervision of the decision evidence involved in the algorithm, including both combing and controlling the whole process of the algorithm beforehand and accurate and effective real-time monitoring during the algorithm process. Specifically, it can be implemented by regularly reviewing the implementation of data processing, or using external regulatory agencies to conduct post-event review, or at any time to retrieve research reports designed to enter the algorithm in time. Second, in view of the value bias of the algorithm subject, we should strengthen the correct guidance of values. The information involved in algorithmic decision-making tends to be personalized and fragmented, but the value ethics contained in it is social. Therefore, we should pay attention to the guidance of the correct values of the algorithm subject. On the one hand, the algorithm is strengthened to screen and filter information, and the value bottom line of fairness and justice of decision-making results is adhered to while improving the efficiency of decision-making process; On the other hand, algorithm decision-making should strengthen "man-machine combination", and "man" should intervene in the process of "machine" algorithm to neutralize and objectify negative values such as discrimination and prejudice, and "machine" can identify the negative values that "man" may hide when inputting and executing programs in time by using the principle of big data, and limit the authority of "man" through appropriate feedback and restraint mechanisms. Thirdly, in view of the infringement of autonomy and privacy caused by algorithm reconstruction, on the one hand, the government can protect the right of the right subject to object or human intervention through legislation and strengthening law enforcement.In order to avoid and punish some data collection agencies in time, they use the principle of economic and security exemption to collect their data illegally without the knowledge or willingness of the right subject. On the other hand, privacy is closely related to the identifiability of information, and it is necessary to weaken the identifiability of individuals through relevant privacy theories. For example, group characteristics can be used to replace individual characteristics to blur the identifiability of individuals, and at the same time, the knowledge and actions involved in individuals should be equally protected in groups.

(3) Strengthen the anti-monopoly supervision of cross-border e-commerce integrated service platforms.

Monopoly market structure reduces the operating efficiency of market economy, destroys competition, and also has a negative impact on consumer welfare and market innovation vitality. Compared with the intermediary sector of the real economy, the large-scale cross-border e-commerce integrated service platform can gain new advantages far beyond the small and medium-sized platforms through network cumulative effect and dynamic competition effect because of its advantages in collecting and processing information, attracting customers and gathering funds. Therefore, the anti-monopoly problems faced by digital platforms are more complicated and arduous. What needs to be clear is that the development of digital platforms cannot undermine reasonable and orderly fair competition in the market. Therefore, based on the implementation and revision of the Anti-Monopoly Law, the anti-monopoly rules of digital platforms should be constructed in line with the new characteristics of digital economy, and revised and improved in time in the practice of supervision and improvement of platforms. However, compared with traditional anti-monopoly, the development of digital platform has its own characteristics in market subject authentication, market boundary determination and market power judgment, which cannot be simply applied. For example, traditional market players can judge whether they have a dominant market position by market share, market concentration and marginal profit. But for digital platforms, high market share, high market concentration and high marginal profit are the only criteria for their own characteristics rather than market power. Therefore, the traditional static analysis of monopoly behavior is inconsistent with the dynamic competitive development of digital platforms. In this case, the anti-monopoly of the digital platform should be more tolerant and flexible than traditional industries, instead of emphasizing strict supervision and heavy punishment. Innovate the concept of supervision,Taking the principle of inclusiveness and prudence as an important governance principle of digital platform supervision, we should seek the theoretical basis and the middle ground of governance principle between over-regulation and over-inclusion, so as to ensure that regulatory measures can not only restrict unreasonable and unfair market competition, but also avoid inhibiting the innovation and creativity of digital economy, a new format and new model.

(D) Bridging the digital divide and providing favorable conditions for the digital economy to help the high-quality development of service trade.

The existence and continuous expansion of the digital divide will lead to more unequal distribution of benefits in the digital economy and have a negative impact on the high-quality development of service trade. For those who are difficult to contact or master the latest digital technology, they cannot expand their social capital, and are often excluded from the digital dividend distribution system, or can only get a very small part from it. And those who are familiar with and can quickly master digital technology can extend and expand the social network by virtue of digital advantages, and turn it into their own economic resources advantages, thus occupying an absolute advantage in the "cake" of dividing digital dividends. Especially after the COVID-19 epidemic has evolved into a global pandemic, the development of digital services such as online shopping, live delivery and online office has created more favorable conditions for the development of digital economy, but the inequality caused by the digital divide has gradually emerged. Therefore, bridging the digital divide and ensuring that the digital dividend contributes to all citizens has become an important issue related to high-quality economic development. First, further improve the digital hardware facilities. The government can support the construction of broadband networks and mobile communication base stations in backward and remote areas through capital allocation and technical assistance, and ensure the steady and accelerated Internet access in remote areas such as the central and western regions by accelerating the deployment of the global low-orbit broadband Internet constellation system. Secondly, strengthen the construction of digital talents. Cultivate digital talents in China through public selection, online training and cross-regional exchanges of outstanding talents in the field of digital economy, and regard professional talents as a bridge and link for the spread of digital technology.Introduce and absorb the advanced experience of digital technology application in developed countries and regions. Thirdly, build a multi-level and distinctive digital literacy training system. We should extensively absorb multiple subjects such as government agencies, educational institutions and social forces to participate in this system, formulate multi-level, multi-disciplinary and multi-component training objectives, and use diversified training systems to improve the country’s digital security maintenance capabilities, digital resource collection and identification capabilities, and digital content creation and output capabilities.

The Supreme People’s Procuratorate issued a typical case of public interest litigation for the protection and prosecution of minors in emerging formats.

CCTV News:According to the website of the Supreme People’s Procuratorate, on February 25th, the Supreme People’s Procuratorate released a typical case of emerging formats to govern juvenile protection procuratorial public interest litigation, and summarized and promoted the typical experience of developing emerging formats to govern juvenile protection procuratorial public interest litigation in various places, aiming at consolidating consensus, better safeguarding the legitimate rights and interests of minors, and helping to modernize the national governance system and governance capacity.

  There are four cases in this batch, including: the administrative public interest litigation case of Shanghai procuratorate urging to perform the supervision duties of on-demand cinemas, the administrative public interest litigation case of Zhuji Procuratorate of Zhejiang Province urging to perform the supervision duties of e-sports hotels, the administrative public interest litigation case of Renqiu Procuratorate of Hebei Province urging to perform the supervision duties of blind box market, and the administrative public interest litigation case of Minhang District Procuratorate of Shanghai urging to perform the supervision duties of secret room script killing.

  The release of this batch of cases is a pragmatic measure for procuratorial organs to conscientiously implement the spirit of the 20th Party Congress and the National People’s Congress Standing Committee (NPCSC)’s deliberation of the Report of the Supreme People’s Procuratorate on the People’s Procuratorate’s Procuratorial Work for Minors. In the governance of emerging formats such as video-on-demand cinemas, e-sports hotels, blind boxes and secret rooms, local procuratorial organs give full play to the advantages of centralized and unified handling of juvenile procuratorial business, actively perform the function of procuratorial public interest litigation according to law, give full play to the role of comprehensive judicial protection, promote "management by myself", promote all parties to fully perform their duties according to law, and actively give full play to the advantages of digital procuratorial work, empower the supervision of emerging formats, and carry out investigation and evidence collection, determine the objects of supervision, and file public interest litigation.

  The person in charge of the Ninth Procuratorate of the Supreme People’s Procuratorate said that the next step of the Supreme People’s Procuratorate will continue to strengthen the guidance for the next business and improve the accuracy, standardization and timeliness of minors’ procuratorial performance; Constantly strengthen the whole society’s understanding of the potential risks, regulatory blind spots and governance difficulties of juvenile protection in emerging formats, promote the coordinated governance of all parties, fill in the shortcomings of social governance of juvenile protection, and escort the healthy growth of minors.

  A typical case of public interest litigation for the protection and prosecution of minors under the governance of emerging formats

  Case 1

  Administrative public interest litigation case of Shanghai procuratorate urging to perform the supervision duty of on-demand cinema

  [Keywords:]

  On-demand Cinema Administrative Public Interest Litigation Integration Performance Industry Governance

  【 gist 】

  In view of the outstanding problems in the protection of minors in VOD cinemas, such as irregular operation, imperfect system and imperfect security measures, the procuratorial organs give full play to the advantages of integration, publicly announce the delivery of procuratorial suggestions, promote the administrative supervision departments to perform their duties, make concerted efforts, promote the supervision of similar cases and the management of complaints, and at the same time promote the self-discipline and autonomy of the industry to achieve a win-win situation in protecting minors and ensuring the healthy development of emerging formats.

  [Basic case]

  In handling the case, the Shanghai procuratorate found that from January to June 2020, some cases of sexual assault against minors occurred in on-demand cinemas. After sampling over 30 video-on-demand cinemas, it is found that there are many problems in video-on-demand cinemas, such as inadequate implementation of registration and filing system, imperfect public security measures, imperfect industry norms and inadequate implementation of protection measures for minors, which infringe on the legitimate rights and interests of minors.

  [Performance of Procuratorial Organs]

  The People’s Procuratorate of Fengxian District, Shanghai found in handling the rape case of Shen Moumou that the places where Shen Moumou had two sexual assaults were all on-demand cinemas. According to the investigation, while the number of video-on-demand cinemas is growing rapidly and being sought after by minors, there are many situations, such as not registering according to law, highly private rooms, providing accommodation services in disguise, and minors can enter and leave at will without identity verification. There are hidden dangers of minors being sexually assaulted or other illegal and criminal acts. The administrative directors and supervision departments of film and cultural law enforcement failed to fully perform their supervision duties on VOD cinemas, which violated the Law of People’s Republic of China (PRC) on the Protection of Minors, Regulations on the Management of VOD Cinema and VOD Cinema, Measures for the Administration of Public Security in Hotel Industry and other laws and regulations, resulting in inadequate supervision and management of VOD cinemas, affecting the physical and mental health of minors and infringing on social public interests.

  In April 2021, Fengxian District People’s Procuratorate filed an administrative public interest lawsuit. On the basis of on-the-spot arrangement, visiting administrative supervision departments and holding seminars, on April 15, it issued procuratorial suggestions to the District Cultural Law Enforcement Brigade and the District Press, Publication and Film Management Office, respectively, and put forward suggestions such as exploring the establishment of a management system for receiving minors in on-demand cinemas, carrying out special inspections in the industry, and strengthening information communication to form a joint force of supervision. The two recommended units attached great importance to it, fully adopted the contents of the procuratorial suggestions, formed a joint inspection team to inspect the on-demand cinemas in the whole district, and jointly issued the "Five Provisions on Minors’ Access to the on-demand cinemas in Fengxian District" with the District Procuratorate and the Public Security Bureau. In May, the District Cultural Law Enforcement Brigade and the District Press, Publication and Film Management Office respectively replied in writing to the Fengxian District People’s Procuratorate on the implementation of the procuratorial suggestions.

  In view of the problem that the supervision of video-on-demand cinemas is not in place, the people’s procuratorates in Pudong, Jing ‘an, Changning and other districts in Shanghai have also promoted comprehensive management by handling public interest litigation cases. On this basis, in September, 2021, the Shanghai Municipal People’s Procuratorate issued a procuratorial proposal to the Shanghai Film Bureau, proposing several suggestions, such as further promoting the standardized rectification activities of the on-demand cinema market, clarifying the regulatory norms of the on-demand cinema operation, improving the protection measures for minors, and guiding the on-demand cinema to strengthen industry autonomy, and simultaneously copying them to the Law Enforcement Corps of the Municipal Culture and Tourism Bureau and the Market Supervision Administration Bureau, so as to promote multi-departments to perform their duties in a coordinated manner. In order to further build consensus and arouse the attention of all sectors of society to the protection of minors involved in on-demand cinemas, the Shanghai Municipal People’s Procuratorate held a public announcement of procuratorial suggestions, inviting the heads of relevant departments of the suggested units and copied units, as well as some representatives of the Municipal People’s Congress, CPPCC members, people’s supervisors of the Municipal Procuratorate and invited supervisors to participate, listen to the introduction of relevant units on the rectification plan and initial implementation, and discuss governance measures.

  After receiving the procuratorial suggestions, the suggested units attached great importance to it and took effective measures to standardize the governance of the VOD cinema industry. With the active promotion of the Shanghai Municipal People’s Procuratorate, the Shanghai Film Bureau, the Law Enforcement Corps of the Culture and Tourism Bureau, together with the Public Security Bureau and the Market Supervision Administration, concentrated on the market regulation and rectification activities of the city’s on-demand cinemas, and inspected more than 1,400 related places, filed 11 cases for punishment, and shut down more than 240 unqualified cinemas, which significantly improved the market regulation of on-demand cinemas. The Municipal Film Bureau also guided Shanghai Film Distribution and Exhibition Association to set up the first professional management committee of VOD cinema in China, issued industry norms, and unified norms on public security management in places, protection measures for minors, implementation of mandatory reporting system, etc., filled the gaps in laws and regulations, and led the business model of VOD cinema to the track of legal development.

  [Typical meaning]

  As a new mode of cultural entertainment, video-on-demand cinema not only meets the growing needs of people’s cultural life, but also should pay attention to the hidden risks of protecting minors. Shanghai procuratorial organs give full play to the advantages of the integration of the upper and lower courts in performing their duties. While punishing the crimes of sexual assault against minors according to law, they are keenly aware of the clues of public interest litigation cases. On the basis of determining the objects of supervision according to the actual situation, they promote the relevant functional departments to clarify their rights and responsibilities and make joint efforts by adopting the methods of public announcement, sending procuratorial suggestions to the competent departments of the industry and copying them to other administrative law enforcement departments. It also promoted the establishment of the country’s first professional management Committee for on-demand cinemas, introduced industry autonomy norms, and guided enterprises to operate in compliance, achieving a win-win situation for the protection of minors and the healthy development of emerging formats.

  travel to watch industry

  The People’s Procuratorate of Zhuji City, Zhejiang Province urged to perform the supervision duties of e-sports hotels.

  [Keywords:]

  Special supervision of public hearing of administrative public interest litigation in e-sports hotels

  【 gist 】

  E-sports hotels illegally accept minors, which is easy to breed minors to commit crimes and damage their physical and mental health. Procuratorial organs actively perform their duties, clarify the focus of disputes through public hearings, introduce rules for handling similar cases, clearly improve the regulatory path, urge administrative organs to implement regulatory responsibilities, and promote relevant departments to work together to strengthen supervision of e-sports hotels. Rely on digital empowerment, build supervision modeling, innovate research and development applications, and realize source governance and system governance of emerging industries.

  [Basic case]

  In 2021, the People’s Procuratorate of Zhuji City, Zhejiang Province found that under the background of increasingly standardized supervision of Internet business premises with single format, such as Internet cafes, e-sports hotels accepted many minors to surf the Internet in the form of hotel accommodation with a mixed business model of "accommodation+internet access", which led to many cases involving minors.

  [Performance of Procuratorial Organs]

  Zhuji City People’s Procuratorate found in the theft case of juvenile criminal suspect Chen Moumou and others that Chen Moumou and others used the identity of adults to stay in an e-sports hotel, implemented unlimited Internet access, carried out theft in hotel rooms, and purchased cigarettes and alcohol. E-sports hotels have loopholes in management, failing to strictly carry out identity checks and fulfill the obligations of network protection for minors, and there are problems such as unlicensed operation and illegal sale of tobacco and alcohol to minors, which endanger the physical and mental health of minors.

  After discovering the clues, Zhuji People’s Procuratorate filed an administrative public interest lawsuit in February 2022. Through on-the-spot investigation, asking check-in and service personnel, and issuing questionnaires throughout the city, it is found that there are 11 e-sports hotels in Zhuji since 2021, with 190 e-sports rooms and 480 computers online. E-sports hotels hold special industry licenses for hotels, but all of them use Internet access services such as high-end computers and online games for many people as the main means of attracting; In some e-sports hotels, in order to facilitate minors to stay in e-sports hotels and surf the Internet at will, there are phenomena such as others opening rooms on their behalf, one person opening a room and many people surfing the Internet. Some e-sports hotels illegally sell tobacco and alcohol to minors. This leads to unhealthy behaviors of minors, such as indulging in the Internet, staying out at night, playing truant and dropping out of school, which seriously harms the physical and mental health of minors, and it is urgent to strengthen supervision.

  According to the existing regulations, the e-sports hotel is a mixed business model, and its business nature and supervision subject are not clear. In order to gather consensus from many parties and find a regulatory path, Zhuji Municipal People’s Procuratorate held a public hearing, and invited representatives of administrative organs such as Municipal Bureau of Culture, Radio, Film and Television, Market Supervision Bureau, experts and scholars, deputies to the National People’s Congress, members of the Chinese People’s Political Consultative Conference, and public interest litigation observers to serve as hearing officers. At the meeting, the hearing officers fully expressed their opinions on the disputes over the application of the law and practical difficulties, and reached a consensus that e-sports hotels should be under the dual management of hotel accommodation and Internet service business premises, and all departments should form a joint force of supervision and take the initiative to strengthen the supervision and management of emerging formats. On this basis, Zhuji Municipal People’s Procuratorate issued procuratorial suggestions for administrative public interest litigation before litigation to the Municipal Bureau of Culture, Radio, Film and Tourism, and issued procuratorial suggestions for social governance to the Municipal Public Security Bureau. It is suggested that it fully perform its supervisory duties in accordance with the law. While supervising the accommodation of e-sports hotels, it is important to strengthen supervision over the acceptance of minors’ unrestricted Internet access in e-sports hotels. After receiving the procuratorial suggestions, the relevant functional departments promptly urged the rectification. In April 2022, they all replied to the Zhuji Municipal People’s Procuratorate, actively adopted and fully implemented the contents of the procuratorial suggestions, punished 16 e-sports hotels according to law, and implemented the "accommodation+internet access" dual registration system for e-sports hotels, and installed online registration management software for computers of e-sports hotels in the city, effectively supervising and managing the problem of unlimited internet access for minors.

  On the basis of case handling, in order to build a mechanism to promote system governance, on March 18th, 2022, Zhuji Municipal People’s Procuratorate, under the leadership of Zhuji Municipal Political and Legal Committee, promoted ten departments, including the Municipal Bureau of Culture and Tourism and the Municipal Market Supervision Bureau, to issue the Implementation Plan for the Special Governance of the New Business Form of "E-sports Hotel", detailed the division of responsibilities and objectives and tasks, and established mechanisms such as joint meeting, information exchange, clue transfer and collaborative governance. And promote the four departments of the Municipal Bureau of Commerce, the Municipal Public Security Bureau, the Municipal Wenguang Tourism Bureau and the Municipal Market Supervision Bureau to issue the "Regulations on Industry Management of E-sports Hotels (Trial)" to promote long-term governance of the industry.

  In the process of promoting the governance of e-sports hotels through case handling, Zhuji Municipal People’s Procuratorate has given full play to the advantages of digital prosecution, empowered minors with big data through digital modeling and governance platform application, and built a comprehensive governance protection network. The first is to build a digital supervision model. By collecting the core data such as the location information of illegal and criminal cases involving minors, the operation information of e-sports hotels and the registration information of minors’ accommodation, the "new format supervision and governance model of e-sports hotels" was built on the Zhejiang procuratorial data application platform. Through the comparative analysis of the above data, the illegal acceptance of minors by e-sports hotels and the illegal and criminal cases of minors in e-sports hotels were sorted out. The second is to strengthen the digital supervision of key personnel and equipment. Through the collision between the registration data of the people staying in the e-sports hotel and the juvenile delinquency data, 46 juvenile delinquents who often go in and out of the e-sports hotel and indulge in the internet and stay out at night are sorted out, and they are included in the "Xinghai Watch" juvenile delinquency prevention and control platform independently developed by Zhuji Municipal People’s Procuratorate to carry out educational correction and graded intervention. Promote relevant departments to install online registration management software for computers in 11 e-sports hotels in the city. After the software is installed, it needs to be registered by real name and face recognition before opening a card to access the Internet. The third is to research and develop applications to improve the governance path. Research and development of "digital supervision application of e-sports hotels", using hotel accommodation registration data, online registration data, and juvenile data collision comparison,Realize the real-time early warning of the follow-up acceptance of minors in the e-sports hotel and the abnormal situation of surfing the Internet, and urge the administrative organs to strengthen supervision by digital means, and improve the "case handling — Case supervision — The long-term governance path of system governance.

  [Typical meaning]

  As a rapidly developing emerging format in recent years, e-sports hotels are favored by many minors. Procuratorial organs actively explore the path of judicial protection of minors in line with digital civilization, find problems through digital supervision system, target treatment through digital application, and promote the clue discovery, investigation and verification, procuratorial supervision and comprehensive treatment of minors involved in e-sports hotels. At the same time, we will actively unite the efforts of minors’ protection, upgrade the experience of case handling to the rules of case-like governance, effectively plug the regulatory loopholes of emerging formats, and promote the comprehensive judicial protection of minors.

  Case 3

  The People’s Procuratorate of Renqiu City, Hebei Province urged the administrative public interest litigation case of performing the supervision duties of the blind box market.

  [Keywords:]

  Comprehensive protection around campus for public hearing of administrative public interest litigation in blind box market

  【 gist 】

  In view of the problem that blind box sales around the campus infringe on the rights and interests of minors, the procuratorial organs earnestly perform their judicial protection duties, comprehensively use public interest litigation and social governance procuratorial suggestions, and use judicial protection to boost the coordinated efforts of the government, schools, society and families to effectively protect the legitimate rights and interests of minors.

  [Basic case]

  In recent years, the People’s Procuratorate of Renqiu City, Hebei Province found that various kinds of blind boxes flooded the market around the campus. In view of the characteristics of blindness and addiction of minors’ consumption, operators induce minors to consume impulsively, and take the opportunity to sell blind box products to minors with substandard quality, real products inconsistent with packaging and publicity, and inappropriate content, which infringes on the legitimate rights and interests of minors and harms the public interests.

  [Performance of Procuratorial Organs]

  In March 2022, the People’s Procuratorate of Renqiu City, Hebei Province paid attention to the prevalence of blind box sales around many primary and secondary schools through the CCTV "3.15" party. Some parents also report that their children are addicted to blind box consumption, which affects their physical and mental health. After discovering the clue of the case of protecting minors, Renqiu People’s Procuratorate conducted an investigation on the sales of blind boxes around the local campus, and found that there were a large number of problem blind boxes on sale in 13 stationery stores around 4 schools, covering stationery, toys, cards and other types, all of which were designed for minors’ preferences. The influence of blind box chaos on minors is mainly concentrated in four aspects: first, a large number of "three noes" toys and stationery with poor quality and unknown sources are made into blind boxes for sale to minors; Second, false propaganda, a large number of blind box packaging is seriously inconsistent with the internal objects; Third, the content is inappropriate. A large number of products are packaged with unauthorized photos and pictures, and some products are printed with propaganda words that are not suitable for minors, such as "About Goddess"; Fourth, it is easy to induce impulsive consumption, and the uncertainty of blind box products is easy to induce impulsive consumption of minors, and resources are wasted due to repeated purchases. According to the Law of People’s Republic of China (PRC) on the Protection of Minors, the Law of People’s Republic of China (PRC) on Product Quality, the Law of People’s Republic of China (PRC) on the Protection of Consumers’ Rights and Interests and other relevant laws and regulations, aiming at the problem that the supervision of blind box sales is not in place, on the basis of preliminary investigation,Renqiu Municipal People’s Procuratorate filed an administrative public interest lawsuit on March 18, 2022.

  In order to further build consensus, on March 25th, 2022, Renqiu Municipal People’s Procuratorate held a public hearing, invited NPC deputies, CPPCC members and people’s supervisors as hearing officers, and invited the leaders of the Municipal People’s Congress Standing Committee, the Communist Youth League Committee, the Education and Sports Bureau, the Market Supervision Bureau and other relevant units and some primary and secondary school teachers to participate in it, and made in-depth discussions on the illegal issues involved in the current blind box chaos, the infringement of minors’ legitimate rights and interests, and how to promote the governance of the blind box problem, and reached a consensus on governance. After the hearing, Renqiu Municipal People’s Procuratorate publicly announced to the Municipal Market Supervision Administration that it would serve the procuratorial suggestions before the administrative public interest litigation, suggesting that special law enforcement inspections should be carried out on the blind box market in the city, and unqualified blind box products should be investigated and dealt with according to law; To further standardize the business behavior of blind box operators, operators should obtain the consent of guardians in advance when selling blind boxes to minors under the age of 8; Strengthen contact and cooperation with the education department, and implement long-term supervision of blind box sales places around the campus; Smooth reporting channels, publish reporting telephones and platforms, and encourage clues to report; Increase publicity and education, and guide operators to know the law, abide by the law and operate in compliance.

  After receiving the procuratorial proposal, the Market Supervision Administration attached great importance to it, and formulated the "Renqiu Market Supervision Administration’s Special Remediation Action Plan for Blind Box Management", which carried out net-pulling inspections in two key areas, namely, the wholesale market of goods and the retail shops around the campus, involving more than 630 shops, and removed more than 3,500 unqualified blind box products in 69 categories, and issued a notice to blind box sales shops on rectifying the market order, so as to clarify the common illegal problems behind selling blind boxes to minors and guide operators to operate legally. At the end of May, the Market Supervision Administration sent a written reply to Renqiu City Procuratorate on the implementation of the rectification of procuratorial suggestions.

  At the same time, Renqiu Municipal People’s Procuratorate issued procuratorial suggestions on social governance to the local education department. In view of the problems that students generally buy blind boxes and blind box sales widely exist around the school, it is suggested that the education department strengthen the linkage and cooperation with the market supervision department, guide the school to earnestly perform its protection duties, pay attention to the chaos of blind box sales around the campus, and find and hand over clues in time; Strengthen the risk warning and guidance education for students in school to safeguard their legitimate rights and interests. The People’s Procuratorate of Renqiu City, together with the local education department, produced a Letter to Parents, calling on parents and schools to pay close attention to the consumption situation of minors, help minors develop good consumption habits, and report violations of their legitimate rights and interests in a timely manner. All schools strengthen the guidance and education of students’ consumption concept in time, and some schools set up small financial and business classes to help students cultivate correct consumption concepts, so as to achieve the same frequency resonance and the same direction of school protection and family protection. Promote the efforts of society, government, schools and families in the same direction through justice, and promote the governance of blind box problems.

  In order to ensure the governance effect, Renqiu People’s Procuratorate continued to follow up. In June and September, 2022, it conducted a "look back" on the sales of blind boxes around the campus twice, and temporarily checked 53 blind box businesses. All kinds of unqualified blind box products have been removed from the shelves of relevant shops, and warning signs such as "rational consumption" and "no minors under 8 years old to buy alone" have been posted on the shelves of blind box products, which has significantly enhanced the operators’ awareness of obeying the law and effectively activated the social protection force.

  [Typical meaning]

  Blind box chaos around campus infringes on the legitimate rights and interests of minors. Focusing on the problem of minors’ protection, the procuratorial organs take the handling of public interest litigation cases as the starting point, actively perform their duties, promote the concerted efforts of society, government, schools and families, and promote "joint management" with "self-management" to form a co-governance pattern, which has effectively purified the local blind box market order, initially established a long-term governance mechanism, and effectively practiced the concept of "promoting the implementation of the other five major protections with judicial protection".

  Case 4

  The Minhang District People’s Procuratorate of Shanghai urged the administrative public interest litigation case to perform the supervisory duty of script killing in the secret room.

  [Keywords:]

  Classification, policy and source management of administrative public interest litigation in secret room script killing

  【 gist 】

  In view of the regulatory problems of the secret room and script killing industry, the procuratorial organs can focus on different issues and make classified policies to promote relevant departments to base themselves on their functions and jointly rectify them. Procuratorial organs can promote the improvement of the national industry supervision system by promoting industry autonomy and leading administrative law enforcement units to establish rules and regulations, and promote good laws and good governance of emerging formats.

  [Basic case]

  The number of secret rooms and script killing stores in Shanghai ranks first in the country, and the location of stores is around the school, accounting for 12%. However, due to the unclear nature of the industry, low entry threshold, lack of standards in decoration design, narrow or closed evacuation routes, lack of fire-fighting equipment and other problems, it is easy to cause fire and other security risks. Some scripts contain blood, violence, superstition and other prohibited contents, which are easy to induce psychological discomfort of minors and even imitate illegal and criminal acts. Most merchants did not give tips to minors according to the content, and accepted minors to play without time limit, which seriously affected their physical and mental health.

  [Performance of Procuratorial Organs]

  In August 2021, Minhang District People’s Procuratorate found that some minors involved in the case were keen to participate in the secret room and script killing activities; In the process of carrying out the work of the vice president of the rule of law, many students also reported that they suffered personal injury and psychological discomfort due to their content and environment during the experience of secret room and script killing, and there may be situations and hidden dangers that infringe on the physical and mental health of minors. After investigation, there are more than 40 secret rooms and scripts in Minhang District. Operators do not need to register their business scope, and they do not need permission and approval. The site selection and construction are arbitrary and are not bound by the Regulations on the Administration of Entertainment Places. Many operators’ internal decoration and fire protection configuration do not meet the relevant requirements of fire protection law and local fire protection regulations, and there is a fire risk; Some scripts contain elements such as violence, pornography and feudal superstition; In order to avoid risks, some operators require players to sign the "Disclaimer", especially for underage consumer groups, but the stores have not taken special protection measures according to their physical and mental characteristics. At the same time, nearly 20,000 questionnaires were distributed to primary and secondary schools in the whole region, and it was found that about 50% of primary and secondary school students knew or experienced the escape from the secret room and the script killing. Most of them played the script containing horror and violence, and some students reported that they had fallen, frightened or even sexually harassed during the escape from the secret room. After evaluation, although the current law does not prohibit minors from experiencing the secret room script killing activities,However, the prohibited contents and potential safety hazards in this industry have violated the relevant provisions of the Regulations on the Administration of Publishing and the Law on the Protection of Minors in People’s Republic of China (PRC), but the relevant administrative departments have not performed their duties in place, and the public interests of minors have been seriously violated. In September 2021, Minhang District Procuratorate filed an administrative public interest lawsuit.

  In the investigation, the procuratorial organ found that based on the existing regulations, the business scope of the script killing industry could not be clearly defined by industrial and commercial registration, whether the script killing place in the secret room belongs to entertainment places and should be subject to administrative licensing was controversial, and how to implement fire control supervision was not clear. Faced with the outstanding problem of "weak standardization" in the secret room and script killing industry, the difficult problems of management supervision and many law enforcement units, Minhang District Procuratorate held a special seminar, invited experts and scholars and relevant administrative law enforcement units at the urban level to study together, reached a consensus on law enforcement concepts, performance cooperation and supervision services, and invited business representatives to discuss and listen to the needs of rule of law protection. In October, 2021, Minhang District People’s Procuratorate issued a consultation letter to the District Bureau of Culture and Tourism, suggesting that it strengthen the supervision of the content of script entertainment activities and explore the implementation of juvenile protection measures in accordance with the relevant provisions of the Measures for the Administration of Comprehensive Administrative Law Enforcement in Cultural Markets, the Regulations on the Administration of Publishing and the Regulations on the Administration of Commercial Performances. According to the provisions of the Public Security Administration Punishment Law, the Fire Protection Law and the local fire protection regulations, it is suggested that the district public security bureau strengthen the public security management, fire supervision and inspection and fire prevention publicity and education of the script entertainment business premises. Based on their respective responsibilities, the relevant functional departments jointly carried out special activities for the investigation and management of hidden dangers in the secret room escape and script killing industry, carried out more than 240 inspections, removed 24 scripts that endangered the physical and mental health of minors, rectified 53 hidden dangers, and ordered 7 rectifications.Achieve positive results.

  On the basis of handling individual cases, Minhang District People’s Procuratorate took the lead in drafting the "Proposal on the Protection of Minors in the Chamber of Secrets Script Killing Industry", advocating enterprises to fulfill their social responsibilities for the protection of minors in seven aspects, such as self-examination and classified management of content, setting up minor areas, and implementing mandatory reports, and promoting more than 40 enterprises to post and follow up on their business premises to promote industry autonomy. In view of the shortage of normative documents in this industry, Minhang District People’s Procuratorate, together with the public security, cultural tourism, market and fire protection departments, will sign the standardized management measures for the secret room script killing industry in December 2021, and put forward special protection measures for minors, such as exploring content grading, age-appropriate tips, checking minors’ identity and standardizing time management.

  [Typical meaning]

  Escape from the secret room and script killing have gradually become a new entertainment and social way widely loved by minors, and also a weak link in social governance. Procuratorial organs can actively perform the procuratorial function of public interest litigation. In view of the dilemma of unclear industry ownership and involving multi-sector law enforcement, consensus is reached through special seminars, and joint rectification is carried out through classified policies, urging all functional departments to perform their duties and work in the same direction.

  Promote emerging business forms, govern according to law, and join hands with all parties to protect minors.— — The person in charge of the Ninth Procuratorate of the Supreme People’s Procuratorate answered a reporter’s question on publishing a typical case of juvenile protection procuratorial public interest litigation with emerging formats.

  On February 25th, the Supreme People’s Procuratorate released a typical case of procuratorial public interest litigation for the protection of minors. What is the background of these typical cases? What are the characteristics? What measures will the procuratorial organs take in the next step to promote the work of public interest litigation for the protection of minors in emerging formats? The head of the Ninth Procuratorate of the Supreme People’s Procuratorate (also known as the Juvenile Procuratorate) answered the reporter’s questions on related issues.

  Q: What is the background of this typical case released by the Supreme People’s Procuratorate?

  A:The Party’s Report to the 20th CPC National Congress clearly put forward the requirements of protecting children’s legitimate rights and interests. It is the duty of procuratorial organs to practice the supreme leader’s thought of rule of law and safeguard the legitimate rights and interests of minors to carry out public interest litigation for the protection of minors. In recent years, e-sports hotels, script killings, on-demand cinemas and other emerging formats have been welcomed by consumers, including minors, but at the same time, there are also blind spots in supervision and management and potential risks that affect the healthy growth of minors. We publish these typical cases mainly based on the following considerations:

  First, the need to implement the National People’s Congress Standing Committee (NPCSC)’s deliberation opinions and strengthen the protection of minors. On October 28th, 2022, the 37th session of the 13th the National People’s Congress Standing Committee (NPCSC) listened to and considered the report made by the Procurator-General of the Supreme People’s Procuratorate, Zhang Jun, on the procuratorial work for minors, fully affirmed the effectiveness of procuratorial work for minors in recent years, clearly pointed out the difficulties and existing problems in performing their duties, and put forward opinions and suggestions on strengthening the professional construction of procuratorial work for minors and promoting the overall implementation of the "six protections". During the deliberation, the participants put forward specific opinions and suggestions on strengthening the protection of minors in the governance of emerging formats, pointing out that "the lack of supervision on the protection of minors’ rights and interests associated with emerging formats such as e-sports hotels and escape from secret rooms, as well as the overall planning of minors’ comprehensive assistance, legal popularization and other work forces, etc., require the joint participation of all forces." The release of these typical cases of public interest litigation for the protection of minors in emerging formats is the height of implementing the National People’s Congress Standing Committee (NPCSC)’s deliberation opinions and strengthening legal supervision, and it is a powerful guide for the national procuratorial organs to do a good job in the procuratorial work of public interest litigation for the protection of minors in emerging formats.

  The second is the need to pay more attention to the hidden dangers of minors’ protection in emerging formats. In handling cases, the procuratorial organs found that while the emerging business forms are developing rapidly and being welcomed by minors, there are certain regulatory blind spots and hidden dangers in the protection of minors. Some on-demand cinemas take personalization and privacy as their selling points, and the space is relatively closed, which is prone to illegal and criminal acts such as public security problems and sexual assault. Some blind boxes sold around primary and secondary schools are not marked with important information such as brand, manufacturer, address and implementation standards, and the product quality is shoddy. Some e-sports hotels accept minors’ unlimited access to the Internet, fail to truthfully register the identity information of check-in personnel, and illegally sell cigarettes and alcohol to minors. Some scripts used to kill business premises contain bloody, violent, horrible, superstitious content, and even interspersed with pornographic and drug-related plots, but the operators failed to fulfill their obligation to remind minors, resulting in the physical and mental health of minors being damaged, and so on.

  The third is the need to unite social consensus and solve the dilemma of emerging business governance. At present, there are the following problems in the governance of emerging formats: first, the ownership of the industry is not clear. For example, e-sports hotel supervision involves market supervision, public security, cultural tourism and other departments, and issues such as overlapping functions affect the implementation of regulatory responsibilities. The second is that the industry norms are not perfect. For example, at present, the norms for VOD cinemas mainly focus on the fields of film screening and distribution, while the regulations such as the Measures for the Administration of Entertainment Places do not explicitly include VOD cinemas in the scope of supervision, which leads to the lack of law enforcement basis for administrative organs. The third is that the legal provisions are not clear. For example, e-sports hotel, as a new format, has no clear definition of industry attributes at present, and it is mainly managed according to the hotel industry, which leaves hidden dangers for minors to use online game equipment without restriction by staying in e-sports hotel. The fourth is that social attention is not enough. E-sports hotels, online booking rooms, on-demand cinemas, and blind boxes pose urgent risks to the protection of minors. However, from a national perspective, insufficient attention has been paid to the governance of emerging formats, resulting in insufficient protection synergy.

  Q: What are the main working methods adopted by the procuratorial organs to carry out public interest litigation for the protection of minors in emerging formats, and what achievements have been made?

  A:In the protection of minors in emerging business governance, local procuratorial organs have actively broadened the sources of clues, carried out in-depth investigation and evidence collection, accurately determined the objects of supervision, filed public interest litigation according to law, and cooperated to promote social governance, and achieved initial results.

  First, give full play to the advantages of centralized and unified handling of juvenile procuratorial business and find supervision clues through multiple channels. For example, after CCTV’s "March 15 in Action" program exposed the chaos of blind boxes, Renqiu City Procuratorate of Hebei Province was keenly aware that the related problems might be universal, and immediately investigated the sales of blind boxes around the local campus, and focused on the outstanding problems in the blind box market, issued a procuratorial proposal to the market supervision department, and actively performed the supervision duties of public interest litigation.

  The second is to organize expert seminars and industry hearings to fully unite the consensus of all parties. For example, the Minhang District Procuratorate of Shanghai held a seminar to invite functional departments, people’s supervisors, experts and scholars to explore the theoretical basis and practical path of standardized management of the scriptwriting industry in the secret room, and put forward opinions and suggestions on place safety, content grading, age-appropriate tips, identity inspection, employment constraints, mandatory reporting, etc. The Procuratorate of Zhuji City, Zhejiang Province organized a public hearing to discuss practical problems and governance countermeasures in view of the nature of e-sports hotels and the vague subject of supervision.

  The third is to play the role of procuratorial public interest litigation and urge all parties to fully perform their duties. For example, in view of the fact that the supervision of on-demand cinemas involves multiple administrative departments, the Shanghai procuratorate issued and publicly announced procuratorial suggestions to the competent departments of the industry, and simultaneously copied them to the departments of market supervision and cultural law enforcement; Suqian City Procuratorate of Jiangsu Province filed a civil public interest lawsuit against the e-sports hotel, asking the e-sports hotel to prohibit the provision of Internet access services to minors, and publicly apologized in the national media. The court decision supported all the litigation requests of the procuratorate.

  The fourth is to play the role of comprehensive judicial protection and promote "all management" with "I manage". For example, in promoting blind box governance, Renqiu City Procuratorate of Hebei Province not only promotes the administrative organs to perform their duties according to law through public interest litigation, but also promotes the family, school, society and government to form a co-governance pattern through judicial protection through social governance procuratorial suggestions, letters to parents, guiding schools to strengthen education guidance, and establishing linkage mechanisms.

  Fifth, the introduction of local industry norms, collaborative governance to form a joint force. For example, the Minhang District Procuratorate of Shanghai, together with the five departments of public security, cultural tourism, market and fire protection, countersigned the measures for standardizing the management of the script killing industry in the secret room, and put forward special protection measures for minors such as exploring content grading, age-appropriate tips, checking the identity of minors, and standardizing time management.

  Q: In the next step, what measures will the procuratorial organs take to push the emerging business forms to a new level?

  A:Report to the 20th CPC National Congress of the Communist Party of China specially emphasized "strengthening the legal supervision of procuratorial organs" and "improving the public interest litigation system", and the National People’s Congress Standing Committee (NPCSC) also put forward clear requirements for the protection of minors in emerging formats in his deliberation opinions on the special report on unchecked work. In the future work, we will focus on the following aspects:

  The first is to strengthen business guidance. Summarize the law of cases, refine the experience and methods, incorporate the procuratorial supervision of emerging formats into the relevant normative documents and guiding opinions of juvenile public interest litigation in a timely manner, and guide local procuratorial organs to improve the accuracy, standardization and effectiveness of handling cases.

  The second is to promote the formation of a good atmosphere. We will strengthen publicity and guidance through various ways and means, such as continuing to carry out the activities of the rule of law into the campus, and co-producing and broadcasting the program "Guarding Tomorrow" with CCTV, so as to enhance the concern of the whole society about the protection of minors in emerging formats, raise the awareness of self-protection of minors, and prevent and resolve potential risks.

  The third is to promote the cooperation and common governance of all parties. Adhere to supervision without substitution and offside, and further build consensus through seminars and expert argumentation; By introducing typical cases and analyzing special reports, we will strengthen communication with government supervision departments, strive to solve the blind spots in industry governance as soon as possible, fill in the shortcomings of social governance for the protection of minors, and strive to promote family, school, society, network and government protection with judicial protection and active performance of duties, so that "1+5>6= reality".

What is the origin of the Ming family, the leader of the North Myanmar electric fraud?

On November 12th, the public security organs in Wenzhou, Zhejiang Province publicly offered a wanted reward for four important leaders of the Kokang telecom network fraud criminal group in northern Myanmar, namely Ming Xuechang, Ming Guoping, Ming Julan and Ming Pearl Krabs. On November 16th, with the strong cooperation of all parties in Myanmar, Ming Guoping, Ming Julan and Ming Pearl Krabs were successfully captured and handed over to our public security organs.

On the same day, informed by the Consulate General of Myanmar in Kunming, Myanmar organized the arrest of Ming Xuechang on the night of November 15th, during which Ming Xuechang committed suicide for fear of sin.

The relevant person in charge of the public security organ said that it will continue to crack down on the telecommunication network fraud crimes in northern Myanmar, resolutely eradicate the crime soil, severely punish criminal suspects according to law, and resolutely safeguard the lives and property safety and legitimate rights and interests of the people.

Ming Xuechang was once the county magistrate of Kokang.

The family established Wohu Mountain Villa Electric Fraud Garden.

On November 12th, Wenzhou police in China issued a notice offering a reward for Ming Xuechang, Ming Guoping, Ming Julan and Ming Pearl Krabs.

The identities of the two wanted male suspects are unusual, and both have bold "official" backgrounds. Ming Xuechang was an official of the Kokang authorities. He served as a member of the Shan State Parliament of Myanmar and a member of the leading committee of Kokang Autonomous Region. Ming Guoping served as the squadron leader of the local militia. The other two female suspects hold Chinese identity cards, Ming Julan, 42, from Zhenkang County, lincang, Yunnan Province; Ming Pearl Krabs, 27, is from Gengma Dai and Wa Autonomous County, lincang, Yunnan. It is reported that the four people are related.

The four men are members of the Kokang Ming family, and Ming Xuechang, headed by the reward notice, is the head of the Ming family.

In bold, there are four "senior" families, namely Bai Suocheng family, Wei Chaoren family, Liu Guoxi family and Liu Abao family, and the Ming family is regarded as a "rising star". According to local media reports in Myanmar, Ming Xuechang is one of the richest men in the area, and the Ming family is closely related to the four major families.

According to The Paper, Ming Xuechang was originally a subordinate of Peng Jiasheng, the "dare king". After leaving the Kokang Allied Forces with Bai Suocheng in 2009, he was appointed as the Kokang county magistrate by the Burmese government forces; In 2011, he served as a member of the Shan State Parliament of Myanmar, vice chairman of Kokang Autonomous Region, member of the daily work committee and leading committee of Kokang Autonomous Region.

The Ming family, headed by Ming Xuechang, set up several fraud parks in Kokang Old Street, Dongcheng Happy Bridge and other places. Ming Xuechang’s eldest son, Ming Guoan, was originally the battalion commander of the 21 ST battalion of Laojie Police, and founded the notorious electric fraud park-Wohu Mountain Villa. According to insiders, Ming Guoan once accidentally fell off a horse and fell into a vegetative state while riding on the streets of the old street, and then went to Thailand for treatment. Wohu Mountain Villa was taken care of by other family members. In addition, his second son, Ming Guoping, also served as the captain of the local militia and also controlled the armed forces.

According to local media reports, on October 30, the Myanmar national government appointedthe militaryWe investigated and raided fraud gangs in Wohushanzhuang, and arrested more than 700 China illegal immigrants involved in fraud in Wohushanzhuang on the same day. On October 31, after the local policearmyMore than 300 China-born criminal suspects who were at large in Wohushanzhuang were arrested respectively.

According to the Beijing News, people close to the Kokang Electric Fraud Group in northern Myanmar told reporters that the armed forces under Ming Xuechang openly armed and protected fraud as security guards. The local said that Ming Xuechang was a low-key and cunning person. "When he was young, he always stole in their village."

Regarding Ming Xuechang, his last appearance in the local official news was on October 26th.

Source: Kokang Public Network

According to local media reports, on October 26th, in order to further implement the work requirements and strengthen the crackdown on various derivative illegal activities such as telecom fraud, a special working meeting was held in Kokang Autonomous Region. Ming Xuechang and other old leaders of the autonomous region attended the meeting. At the meeting, Ming Xuechang and other old leaders introduced the serious impact of telecom fraud on the region and made suggestions on related crackdown work. Now it seems that such a statement is quite ironic.

Two bodies were found in the Ming family’s construction site.

According to Red Star News, which quoted local media in Kokang, on November 5, two bodies were dug up on a construction site near Happiness Bridge in Kokang’s capital, Laojie. The bodies were wrapped tightly and were suspected of being covered up.

The site is a property under the name of the Ming Xuechang family. Recently, two hidden bodies were brought to light when workers were cleaning the sewers. After two bodies wrapped in plastic bags were pulled out of the sewer by workers, the workers tore open the body bags to see the complete face of the deceased. From the degree of decay, the death time was not long.

Some netizens identified the deceased as a China citizen who was killed on October 20th. It should be pointed out that this statement has not yet been confirmed. In addition, it is impossible to confirm whether Ming Xuechang and others are related to the unknown body found on November 5.

If the laws of China apply.

What punishment will the Ming family and others face?

According to Yang Guangwang, Feng Shuo, a lecturer and doctor of law at the School of International Law of Shanghai University of Political Science and Law, said that according to the relevant provisions of China’s criminal law, in the process of cracking down on cross-border crimes, if Chinese citizens commit crimes abroad or foreigners commit crimes against China and our citizens, as long as the minimum penalty for such crimes is more than three years’ imprisonment, they can exercise jurisdiction. Therefore, as long as the relevant criminals are arrested, the judicial organs of our country can be convicted and sentenced according to our criminal law and related laws, and be punished by our laws.

Song Jingyi, a lawyer of Beijing Yingke (Guangzhou) Law Firm, said that using telecommunication network technology to commit fraud, defrauding public and private property worth more than 3,000 yuan can be criminally filed, and defrauding public and private property worth more than 500,000 yuan can be sentenced to life imprisonment. Members of the Ming family are openly armed to protect fraud, and are also suspected of intentional homicide, intentional injury, illegal detention and other serious violent crimes. The circumstances are extremely bad and the consequences are extremely serious. Because the statutory punishment for intentional homicide is the death penalty, some members of the Ming family may be sentenced to death for several crimes.

For accomplices who play a secondary and auxiliary role in a criminal group, especially those who surrender themselves within the prescribed time limit, actively assist in the capture of the principal offender, and actively assist in the recovery, they may be given a lighter or mitigated punishment according to law. There is no way out for confrontation, and the fraud group should see the situation clearly and return to China as soon as possible.

Recently, a number of core members of four families recorded confession videos in China, and publicly "shouted" to family members through the Internet. The core contents are two points: one is to call for the release of detained Chinese as soon as possible, and the other is to quit the "business" of electric fraud and advise the people to "leave a way for themselves".

Source | Comprehensive Ministry of Public Security website, The Paper, Metropolitan Express, Red Star News, Yangguang. com, national business daily, Nanfang Daily.