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legal representative: Wang Chunfeng
time of establishment: August 24, 2015
registered capital: RMB 50 million
business registration number: 110105019755903
enterprise type: limited liability company (invested or controlled by natural person)
address: room 101-615, 6th floor, building 1, yard 6, Kechuang East 6th Street, Tongzhou District, Beijing
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The responsibility of the group leader for the group member's "crime" is misreading, and the group leader should bear the management responsibility
some netizens said that sometimes there is too much information in the group, which is difficult to view one by one. If the group members make improper remarks, the group leader is likely to stop it because he did not find it in time. Yang Xiaojun said that since the group leader has established the group, he should fulfill the corresponding management responsibility. If he feels lack of energy and management difficulties, he should leave it to others to manage. Of course, if it's just indivials who release inappropriate information or use inappropriate language, it doesn't get a lot of people's attention, and it's not very serious. If the group leader doesn't find out and stop it in time, it shouldn't belong to non performance of management responsibility
how to punish group owners who "violate the law"
in the administrative provisions, netizens are particularly concerned about the "Internet group information service providers and users are not allowed to use internet groups to disseminate information prohibited by laws and regulations and relevant national regulations" mentioned in Article 10. Under what circumstances do group owners need to bear legal responsibility and what penalties will they be subject to
in fact, after the promulgation of the "management regulations", people in the circle of friends constantly spread information about some problematic group leaders detained or punished by the public security organs and courts, and some group leaders frankly said that they were "under great pressure". Wang Weiguo told reporters that publishing the information of these cases together with the administrative provisions gives people the impression that the administrative provisions have played a role and proced real "consequences". In fact, this is a misunderstanding of the legal effect of the administrative provisions and a misleading to the majority of Internet users, especially the majority of the owners The management regulations came into effect on October 8, so it is impossible to punish the group leaders according to the management regulations. Wang Weiguo believes that it is not uncommon to use groups to publish illegal contents such as violence, obscenity, and false terrorist information that are clearly prohibited by laws and regulations, damage other people's reputation, spread other people's privacy, and even use them to commit various kinds of criminal crimes. Punishing such illegal and criminal activities is based on the provisions of laws and regulations long before the promulgation of the "administrative provisions", It can't be confused with the management regulations. In other words, even if the "management regulations" are not issued, if the group leader has the above behavior, he will also bear the corresponding legal responsibility. Wang Weiguo believes that there are two criteria to judge whether the group leader should bear the legal responsibility for the behavior of publishing and disseminating information in the group: one is the damage caused by neglect of management, and the other is whether there are subjective faults in the management process. If there is intention or negligence subjectively, we should bear the corresponding administrative responsibility and criminal responsibility. If there are damage consequences, we should also bear the responsibility of compensation. That is to say, the group leader should bear the corresponding legal responsibility only when he finds that the group members violate the law and take no measures to cause certain consequences
in an interview, the relevant person in charge of the state Internet Information Office said that the group owners will be punished first from the platform side: "the platform side will take management measures such as recing the credit rating, suspending the management authority, and canceling the qualification of building the group according to the law. At the same time, the platform side should establish a blacklist management system to include the groups, founders, managers and members with serious violations of the law into the blacklist management. "
for some netizens, this paper lists a lot of civil, administrative and even criminal responsibilities that the group leader needs to bear for the information release and dissemination behavior of the group members. Yang Xiaojun made it clear that he was opposed: "in fact, this view is to let the group leader bear the responsibility of everyone, and even put the responsibility of the management department on the group leader. This is neither objective nor possible. " In fact, the indivial responsibility is still the indivial responsibility, and the group main responsibility is also because the group leader's own behavior violates the relevant laws and regulations. Yang Xiaojun also believes that the group leaders who violate the law and regulations e to the dissemination of false information should be as tolerant as possible, and the punishment operation standard should be more detailed. If the group leader knows it is a rumor but still spreads it, he can be investigated for legal responsibility; If the group leader does not know or is difficult to judge that the information spread is false, he can not be investigated for legal responsibility