标签归档 西安夜网论坛

　　With the "Captain Group Purchase" App, it is easy to do sideline business, and the monthly income of 0 cost can reach 10,000 yuan? Recently, Mr. Hu from Hubei reported to The Paper that at the end of August, he saw this attractive App advertisement on the online platform, then downloaded it and used it, but he was caught in a "trap".

　　Mr. Hu said that at first, he launched a group fight by purchasing goods in the "Captain Group Purchase" App, and earned "some cigarette money" when he was the head of the team, and then began to increase investment.

　　He said that although it is called purchase, it will not receive the goods in the end. After the group is successful, the App will refund the principal and a certain commission.

　　On September 9, the platform launched a new product, claiming that it would have the opportunity to "double back". Photo courtesy of respondents

　　However, from the evening of September 9, this App could no longer be opened, and the money invested by Mr. Hu could not be cashed. He immediately reported the case to the local police. According to the transfer voucher provided by Mr. Hu to The Paper, he invested 580,000 yuan, which he said he didn’t have time to withdraw.

　　The notice of filing a case issued by the Public Security Bureau of Tianmen City, Hubei Province on September 14 shows that the illegal business case of "captain group purchase" has been established as a criminal case.

　　The group buying App that claims to make money suddenly closes.

　　Mr. Hu told The Paper that he learned about this application software called "Captain Group Purchase" from the Internet in August. According to related propaganda articles, it is easy to make money by using this software.

　　Mr. Hu said that the mode of making money with this software is "being a team leader and earning a commission". Click on the "Head Join" module in the software, and you can see the goods for the group. The types of products include turkey noodles, small household appliances, tables, chairs and so on, and the prices range from several hundred to thousand yuan. The more expensive the products, the more commissions they can get, ranging from several to dozens. After recharging and purchasing goods, it will become the "head of the team". After launching the group fight, the platform will automatically arrange the group. The grouping cycle of different commodities is also different, and the grouping cycle of high-value commodities will be slightly longer. After the grouping is successful, the system will return the principal and commission, and users can withdraw cash.

　　Mr. Hu’s first "business" in the captain’s group purchase took place on August 21st, and the transfer records he provided to The Paper showed that he recharged 278 yuan that morning. He recalled that after recharging himself, the software gave 28 yuan the first reward, and then he spent more than 200 yuan to buy turkey noodles, became the head of the team, and launched a group fight. In just one day, he received the principal and a commission reward of several dollars. After tasting the sweetness, he increased the frequency and amount of recharge, bought more and more goods and launched a group fight.

　　Although it was a group purchase, Mr. Hu said that he had never received any goods, and he did not know whether the participants arranged by the platform had received any goods.

　　"Since September, the rewards of the platform have been even greater." Mr. Hu introduced to The Paper that "Golden September and Silver 10 activities have been publicized a lot", and the platform increased the commission rebate. During the day of September 9, three more products were put on the platform, with prices of 3,199 yuan, 10,199 yuan and 50,000 yuan respectively. The publicity information of the platform shows that the head of delegation can receive high commission and double principal. This made Mr. Hu tempted, and he recharged more than 80,000 yuan that day. On the evening of the 9 th, he suddenly discovered that this App could no longer be opened. According to the transfer records provided by Mr. Hu, he has recharged more than 580,000 yuan to the platform. He said that the money had not been withdrawn in time.

　　Mr. Lin, who works in Shenzhen, said that he had the same experience as Mr. Hu. He started to use the Captain’s App at the end of July. Similarly, he earned his first commission by launching turkey noodle dumplings. Subsequently, in August, he recharged three more pens, totaling more than 2,000 yuan, to buy goods and launch a group fight, and also successfully received the principal and commission respectively, and successfully withdrew the cash. This made him trust the platform very much. In September, after seeing the welfare activities initiated by the platform, he increased his investment. From September 2 to September 9, he recharged more than 10,000 yuan, and then the platform closed, and the invested funds sank.

　　On September 15th and 16th, The Paper repeatedly called the captain’s customer service phone, all of which indicated that the artificial landline was busy and no one answered.

　　Notice of filing a case issued by Tianmen police. Photo courtesy of respondents

　　After discovering that he was suspected of being cheated, Mr. Hu immediately reported the case to the local police. The notice of filing a case issued by the Public Security Bureau of Tianmen City, Hubei Province on September 14 shows that the illegal business case of "captain group purchase" has been investigated as a criminal case by the police. Mr. Lin told The Paper that he had also reported the case to the local police station.

　　Suspected of "signing a contract" with the victim in the name of other companies.

　　The Paper noted that the platform transfer records provided by Mr. Hu and Mr. Lin showed that the recipients were personal accounts instead of Gong Hu, and the recipients often changed. Mr. Hu said that this incident involved a number of users. In the group they built, some users had asked the online customer service about the collection account. The screenshot shows that the online customer service explained that it was "to ensure the safety of users’ funds and avoid the precipitation of the fund pool. The platform collection account is a personal supervision account designated by the three-party supervision bank, and the platform may not use the company account to recharge users". As for the source of the commission, the customer service explained that the commission is only a small part of the total profit of the goods sold by initiating the group order.

　　In addition, it is worth noting that every time a transaction is completed, the platform will generate an electronic contract. The product name, the amount of goods purchased, the names of participants and the ID number are written on it. The commission rate and maturity date are agreed, and the repayment method is daily compound interest rebate and return to the principal at maturity.

　　Party A is the buyer and Party B is Zhejiang Wenjian E-commerce Co., Ltd.. It is guaranteed by Party C’s China National Investment Financing Guarantee Co., Ltd.. However, when The Paper inquired about official website of China Investment and Financing Guarantee Co., Ltd., he found that the company had issued a statement as early as August, saying that it had never cooperated or signed any contracts and agreements with any commission-ordering platform such as "Zhejiang Wenjian E-Commerce Co., Ltd." and "Captain Group Purchase", and the above-mentioned electronic contracts used their company names and forged their company seals.

　　The national enterprise information publicity system shows that Zhejiang Wenjian E-Commerce Co., Ltd. was established in March 2018 with a registered capital of 10 million RMB and its legal representative is Le Kaihua. The Paper found that Zhejiang Putuo News Network published a report in August, 2021 that the Pioneering Park for Retired Soldiers in Putuo District helped the retired soldiers to start their own businesses, which specifically mentioned this company, and wrote: "Le Kaihua, 33, was the first retired soldier to enter the garrison to create a park. In March 2018, he set up an e-commerce company and applied to enter the park. After half a year, due to sales channels, markets and other issues, the company encountered development bottlenecks. Just when he was at his wit’s end, the entrepreneurial tutor in the Military Innovation Park analyzed his entrepreneurial prospect and market according to the actual situation, which pointed out a new direction for enterprise transformation. Today, Lekaihua’s company is running smoothly, and a brand-new smart home experience hall of 300 square meters will also open. " According to the report, Le Kaihua’s suspicion here has nothing to do with the captain’s group purchase. The Paper tweeted to contact the person in charge of the Zhou surname of Junchuang Park in Putuo District, and revealed that Zhejiang Wenjian E-Commerce Co., Ltd. was also impersonated and the company had called the police.

　　Zhao Zhao, a policeman from Changsha Anti-Fraud Center, talked to The Paper about his views. He introduced that the scam was similar to the illegal pyramid selling and fund-raising platform of "buying mobile phones to watch advertisements" in earlier years. The victim listened to the platform propaganda and thought that he would buy a mobile phone. He could get a high share of advertising revenue by lying at home and watching news every day. After tasting some sweets from the platform in the early days, he enlisted friends and relatives to join the platform and invested heavily. Finally, the platform one was established.

　　Zhao Zhao said that with the rapid development of the mobile Internet in the past two years, such platforms have put on various concepts such as "earning at home", "part-time billing", "member e-commerce" and "digital currency mobile phone mining", taking high profit returns as bait, and integrating various criminal methods such as illegal fund-raising, illegal pyramid schemes and billing fraud, and madly harvesting the funds of investors and franchisees. "

　　"Investment needs to be cautious. Investors should not believe in the high return on investment promises of various new concepts on the Internet and trade and invest in informal platforms." Zhao Zhao reminded.

　　The picture shows that the presiding judge of this case is in court.

　　guide reading

　　With the increasing admiration of the public for the concept of healthy living, yoga has gradually become a popular choice for the masses to keep fit. However, seemingly simple yoga exercise may also suffer sports injuries and lead to disputes. Recently, the People’s Court of Jinan District, Fuzhou City, Fujian Province concluded a case of tort liability dispute caused by yoga injury. After hearing the case, the court held that the yoga studio, as an institution specializing in training and teaching services, failed to fulfill its sufficient security obligations and should bear the main responsibility of this case. At the same time, the customer, as a person with full capacity for civil conduct, should be aware of the related risks of practicing yoga, but he continues to practice after feeling unwell, and there is also fault in the occurrence of damage results, so the responsibility of the yoga studio can be appropriately reduced. While fully safeguarding the legitimate rights and interests of consumers, the judgment of this case also reflects that the people’s court fully applies the concept of active justice to civil trial work, effectively exerts the rule-leading and value-oriented functions of judicial judgment, and plays a positive role in the standardized governance of service industries such as sports and fitness.

　　Fitness is risky and exercise needs to be moderate.

　　On December 10, 2021, Duan paid 3380 yuan to a yoga studio through WeChat and became an annual card member of the yoga studio. The next day, Duan transferred 5719 yuan to the yoga studio to buy a personal trainer course package. During the period from December 11th, 2021 to January 22nd, 2022, Duan frequently made an appointment with the yoga instructor Li in the yoga studio through WeChat and did yoga exercises.

　　In early January, 2022, Duan felt discomfort in his left hip after attending a private yoga class, and told his coach Li. After listening, Li said that this is a subluxation strain of the femoral head after normal exercise, so let Duan continue to do some rehabilitation and relaxation training in the yoga studio. Duan, out of trust in the coach, continued to go to the yoga studio for classes.

　　The injury becomes more serious, and fitness hurts the body.

　　On January 20, 2022, Duan went to the hospital for examination because of unbearable pain. The X-ray diagnosis report showed that Duan had degenerative changes in his left hip joint. On the 23 rd of the same month, Duan went to the orthopedic hospital for magnetic resonance examination, and the imaging diagnosis was: a small amount of effusion in the left hip joint space.

　　From March to May, 2022, Duan’s symptoms have not been alleviated, and he went to the hospital for examination and treatment many times. He was also hospitalized at the end of April and discharged on May 18th. The diagnosis conclusions given by the hospital are as follows: 1. Hip joint disease (left hip arthritis) edema (mild bone marrow edema in the left acetabulum and mild bone marrow edema in the upper femur of the left femur); 2. Abnormal findings of diagnostic imaging examination in other parts of musculoskeletal system (mild degeneration of pelvis), etc.

　　After leaving the hospital, Duan found a yoga studio to find a solution.

　　The negotiation ended in vain, and the judge was asked to judge.

　　Since then, Duan and coach Li have repeatedly communicated and negotiated related compensation matters, but the two sides have never reached an agreement, so Duan sued the yoga studio and Li to the court. The defendant argued in the lawsuit that Duan confirmed in the WeChat chat with Li that the range of yoga movements taught by Li was very small, and the teaching intensity was low, and Li only demonstrated the movements and told the essentials of the movements, and Duan stretched himself, so Li did not press Duan’s body, so there was no fault in Li’s yoga teaching, and Duan’s injury was not caused by Li, so the defendant should not bear the responsibility.

　　In addition, as a sport, yoga practitioners should practice in a step-by-step manner according to the flexibility of their ligaments and the strength of bone structure. Duan, as a practitioner, should fully understand the dangers of practicing yoga. He is eager to achieve success and frequently asks for classes at his own risk, so his injury result is caused by his improper practice. According to the law, if the victim intentionally or neglects the occurrence or expansion of the same damage, the liability of the compensation obligor may be reduced or exempted.

　　There is a causal relationship after two appraisals.

　　In June, 2022, Duan entrusted a judicial appraisal institute for appraisal, and the appraisal opinions issued by the judicial appraisal institute were as follows: 1. There is a causal relationship between the consequences of Duan’s current left hip injury and the injury caused by practicing yoga in the yoga studio on December 29, 2021; 2. Duan’s delayed construction period is evaluated as 120 days, the nursing period is evaluated as 90 days, and the nutritional period is evaluated as 60 days.

　　During the litigation, according to the application of the yoga studio, the court entrusted another judicial appraisal institute to re-evaluate whether there is a causal relationship between Duan’s left hip injury and yoga practice, as well as the missed construction period, nursing period and nutrition period. The opinions of the judicial appraisal opinion issued by the judicial appraisal institute on October 14, 2022 are as follows: 1. There is a complete causal relationship between Duan’s practice of yoga in a yoga studio and his left hip injury; 2. Duan’s delayed construction period is 120 days, the nursing period is 90 days, and the nutrition period is 60 days.

　　Both parties are at fault and bear primary and secondary responsibilities.

　　Based on the facts of the case and relevant evidence, the court held that citizens have the right to life and health, and the actor should bear tort liability for infringing upon the civil rights and interests of others due to his fault. Duan’s left hip injury has a complete causal relationship with the yoga exercise directed by Li, as evidenced by the appraisal opinions issued by two appraisal institutes.

　　As an institution specializing in yoga training and teaching services, the yoga studio should provide students with a safe fitness environment and professional fitness services. It failed to fulfill its sufficient security obligations, resulting in Duan’s injury, and continued to arrange Duan to do yoga exercises after Duan told him that his left hip was unwell. It was at fault for Duan’s injury and should bear the main responsibility of this case.

　　As a person with full capacity for civil conduct, Duan should be aware of the risks associated with practicing yoga, have a considerable sense of self-protection, and have a full understanding of his physical condition and endurance. However, after feeling the discomfort of the left hip joint, Duan did not choose to see a doctor in time, took the initiative to stop training, and continued to carry out yoga training. He himself was also at fault for the occurrence of the damage result, which can appropriately reduce the liability for compensation of the yoga studio. Li is a yoga instructor in the yoga studio, and Duan was injured in yoga teaching, so his employer yoga studio should bear the liability for compensation.

　　In the end, combined with the actual situation of the case and the degree of fault of both parties, the court ruled that the yoga studio should bear 70% of the liability for compensation, and Duan should bear 30% of the liability himself.

　　After the judgment, neither party appealed, and the judgment has taken legal effect.

　　■ referee analysis

　　The combination of fault liability principle and fault offset system

　　Natural person’s right to health and body should be protected by law. When engaging in social activities, all civil subjects should fulfill the necessary duty of care, respect the rights and interests of others, and avoid causing damage to the rights and interests of others. Any act that causes damage to the rights and interests of others due to negligence or neglect shall bear the corresponding liability for damages. Article 165 of the Civil Code of People’s Republic of China (PRC) clarifies that the principle of general tort liability is the principle of fault liability, that is, unless there are special provisions in the law, generally speaking, the civil subject should bear the liability for damages only when the civil rights and interests of others are infringed by fault (intentionally or negligently); If there is no fault, it is not responsible.

　　It is worth noting that Article 173 of the Civil Code states that when the victim is at fault for the occurrence of damage or the expansion of the damage result, the liability of the compensation obligor for damages shall be reduced or exempted according to law, that is, the fault shall be offset. As an important system of damage compensation, the effect of the principle of negligence offset is reflected in three levels: first, for the infringer, the effect of the principle of negligence offset is reflected in the reduction or exemption of his liability for damage compensation. Second, for the infringed, it is reflected in the fact that his claim for damages is restricted in entity, and he has lost part or all of his claim for damages. Third, for the court as a referee, it is reflected that the judge should distribute the damage results fairly among the parties according to specific standards and determine the responsibility. Negligence offset, in essence, is to consider the faults of the offender and the victim to determine the primary and secondary responsibilities, rather than offset each other.

　　Returning to this case is essentially a combination of the principle of fault liability and the system of fault offset. First of all, institutions engaged in yoga training and teaching services should provide students with a safe fitness environment and professional fitness guidance services, and do their best to ensure safety within reasonable limits. Yoga is a dangerous sport. In the process of practice, the staff of the yoga studio should guide the students to complete the corresponding actions according to the intensity suitable for their own foundation, and give necessary safety tips. In the case of knowing that the students are unwell due to the practice actions, they should not continue to arrange yoga exercises, which will aggravate the injuries of the students. Therefore, the principle of fault liability applies and the yoga studio bears the main responsibility. Secondly, students, as adults with full capacity for civil conduct, should also know the related risks of practicing yoga, have a considerable sense of self-protection, avoid causing self-harm in yoga exercise, and should also bear part of the responsibility for the expansion of the damage results.

　　At the same time, the principle of negligence offset has its subject scope of application. If the victim is at fault for the occurrence or expansion of the damage, it should be applied to reduce the compensation liability of the offender. There should be no objection. It is worth noting that in judicial practice, when a third person who has a specific relationship with the victim has the following circumstances and is at fault for the occurrence or expansion of damage, the principle of negligence offset may still be applied:

　　(1) Legal representative

　　The legal representative is the guardian of a person without or with limited capacity for civil conduct, and has the legal obligation to supervise, protect and take care of the person without or with limited capacity for civil conduct. If the legal representative neglects to perform his guardianship duties, resulting in damage to the ward, based on the guardianship relationship between the legal representative and the victim, the principle of negligence should be applied to reduce the liability of the offender.

　　(2) Staff

　　If a staff member causes property losses to the employer due to the infringement of others in the course of performing his duties, if the staff member is at fault for the occurrence or expansion of the damage, his fault is regarded as the fault of the employer, and the fault can be applied to offset and reduce the compensation liability of the infringer.

　　■ Expert comments

　　Strengthen the supervision of fitness practitioners and operators.

　　Ding Zhaozeng, Associate Professor of Fujian Normal University Law School

　　The verdict of this case conforms to the provisions of Article 165 of the Civil Code of People’s Republic of China (PRC), "If the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability" and Article 173, "If the infringed is at fault for the occurrence or expansion of the same damage, the liability of the infringer may be reduced".

　　On the one hand, in the fitness and yoga courses, the service contract relationship is formed between the members and the yoga institutions, and the instructors need to formulate targeted courses according to the students’ physical conditions and fitness goals, and provide professional guidance during the practice. If the members’ sports are injured due to the coach’s mistakes, the coach and the organization may have to bear the corresponding tort liability.

　　On the other hand, gymnasiums, yoga studios and other institutions should fulfill their security obligations to members, create a good and safe fitness environment, ensure the safety of supporting service facilities in business and management places and the qualification compliance of coaches, so as to effectively protect the personal and property safety of members. However, the security obligations of gymnasiums, yoga rooms and other institutions are not infinitely expanded. If a member is a person with full capacity for civil conduct, he should have a reasonable understanding of his own health, and should also have a sense of safety and self-protection about the exercise environment and sports equipment. Members should arrange exercises scientifically and reasonably according to their own physical conditions to achieve the purpose of safe and healthy exercise. If members fail to fulfill their duty of care, they should bear certain responsibilities for the consequences of their own damage.

　　This case also reflects that the current fitness and yoga consumer markets need to be standardized. On the one hand, the entry threshold for fitness and yoga coaches should be improved, and the skills training and quality education for coaches should be strengthened. Coaches should hold certificates, and coaches engaged in fitness and yoga should hold China Fitness Yoga Grade Certificate. On the other hand, we should strengthen the standardized and legal management of gymnasiums and yoga studios. As soon as possible, formulate and improve the unified standards of fitness, yoga training, grade evaluation and other aspects, so that fitness and yoga training have rules to follow and rules to follow. In addition, it is also necessary to clarify the supervision departments of the fitness and yoga industries, strengthen the supervision of practitioners and operating venues, rectify and clean up the fitness and yoga venues with irregular operation in time, and standardize the industry order.

　　Bright pictures/vision china

　　[thoughts]

　　editorial comment/note

　　Labor refers to the activity that people create material wealth and spiritual wealth necessary for their own survival and development through their own hard physical or mental efforts. In the new era, labor education has been picked up again, and schools have gradually begun to jointly carry out labor education practice with society and families. But in reality, labor education is often reduced to a simple task in daily teaching, a simple physical education, skill learning, and even alienated into entertainment, punishment and domestication. This paper holds that the lack of understanding of the connotation of labor and labor education still leads to some misunderstandings in the practice of labor education, such as the "servitude" of cognitive mental work that makes learning and labor oppose each other, the "play" that replaces the real pleasure of labor, and the lack of continuity in labor education, which needs serious reflection based on the connotation of labor education, and has certain practical pertinence, hoping to bring inspiration to readers.

　　1, learning "servitude" put learning and labor in opposition.

　　In recent years, labor education has been promoted to the same position as moral education, intellectual education, physical education and aesthetic education, so some schools have vigorously carried out labor education practice. Some open up schools to build farms and guide students to carry out productive labor practice; Some combine social resources and rely on labor education practice bases to organize students to experience labor. Social practice activities of learning agriculture and learning industry are carried out regularly every year in many places. However, while increasing the opportunities of labor experience, we will find a conventional concept that students’ daily study is not labor. This is really worth reflecting on. Isn’t learning itself labor?

　　In fact, learning itself is also a kind of labor, and learning is cognitive mental labor. Soviet educator Suhomlinski believes that "labor education begins when students sit behind desks and study. Desk is the most complicated machine tool, which makes children, teenagers and teenagers feel that it is shameful to be careless, and laziness and idleness are sad. It is the most difficult thing for students to establish this understanding in education". Learning is a kind of labor that promotes the combination of wisdom and hands’ efforts. In this labor, learning is labor, while knowledge is the result of labor efforts. Under the background of digital labor era, the function of labor gradually turns to the existential function of realizing personal self-worth and obtaining the sense of value and meaning of existence. From this perspective, completing labor outside of learning may not be able to obtain more sense of value and existence than learning process.

　　If learning is labor, why talk about labor education now? Why didn’t the mental work, which occupies the main position in students’ life at present, achieve the purpose of labor education? Why do schools often oppose mental labor and productive labor, and think that too much emphasis on intellectual development leads to insufficient labor experience? This is because the mental work of learning is alienated, and learning has been externalized as "labor".

　　To recognize that learning is externalized as "labor", we need to trace back the essence of learning, a mental labor, and re-examine the current learning process of students. From Marx’s definition of labor, we can see that labor is firstly a process between man and nature. In the process of material exchange with nature, people increasingly realize the common attributes of things and phenomena, and find the regularity and connection between them, while mental labor is expressed in the form of representation, concept and reasoning. Learning this mental work ultimately points to scientific understanding of things, which is also an essential attribute for learning to become mental work. At present, students’ learning has gradually become "externalized labor" pointed out by Marx. Marx said in the Manuscript of Economics and Philosophy in 1844: Labor is an external thing for workers. In labor, he does not affirm himself, but denies himself. Instead of feeling happy, he feels unfortunate. Instead of freely exerting his physical strength and intelligence, he makes himself physically tortured and mentally destroyed. Once the external force stops, he will escape from labor like a plague. This exposition of externalization of labor seems to be just right to describe the study of today’s students. Students’ study is not to scientifically understand reality, but to pursue external material needs. The "tearing books after the college entrance examination" repeatedly exposed by the media reflects the students’ escape from this externally imposed task. Therefore, learning is no longer real labor, and it no longer has the function of liberating physical strength and intelligence.Instead, it becomes "hard labor", so it has little effect on improving students’ labor literacy.

　　2. "Gamification" makes students lose their interest in labor.

　　Corresponding to the fact that learning has become "hard labor", other forms of labor education that are gradually emerging show a trend of "gamification". Some schools carry out interesting and wonderful labor activities to attract students, and some schools integrate labor education into spring outing. On the one hand, this can improve students’ enthusiasm for participating in labor, but on the other hand, we need to pay attention to avoid blurring the difference between labor and games. Labor is the process of externalizing oneself, while game is the process of internalizing reality. The fuzziness of the difference between labor and games is more obvious in the digital age. Digital labor blurs the time-space boundary between entertainment and work, and dispels the traditional antagonistic relationship between play and labor.

　　Labor is a serious process of giving, and the joy of labor lies in creation. This kind of giving also explains the self-externalization of labor. Students devote their physical strength and intelligence to the labor process and gain certain results. The pleasure that students feel in their work is the pleasure of creating things because of self-sacrifice, not fun. There is a difference between labor and games. Games can naturally bring satisfaction to children, but labor itself has no interest in children, so the interest in labor needs to be cultivated and developed consciously. The "gamification" of labor makes many activities look interesting, but there is no labor in essence, and students can’t gain interest in labor. Suhomlinski believes that the interest in labor should be manifested as "they realize that they can act on nature, make plants give fruits, and use tools to process wood or metal into needed shapes". Therefore, in the practice of labor education, we need to judge whether the interest in the labor process comes from giving and creating, or is interfered by other factors such as gamification.

　　The contribution in the process of labor can cultivate positive labor values and make students love the working people and respect the fruits of labor. At the end of the 19th century, a "new" school appeared in France to train people engaged in "advanced knowledge occupations". In this school, students treat manual labor just like games and sports, because they don’t have to live by manual labor in the future. Although this school is located in the countryside, the students are far away from farmers’ lives. Although they are also working, they can’t really understand and study various social relations. Rousseau believes that only by taking part in labor in person and understanding all its complexity and arduousness according to experience can students judge the social significance of a production department in the future. Therefore, if we don’t regard labor as a serious process, we can’t cultivate our feelings for the working people, and we can’t cultivate our appreciation for the obtained survival materials.

　　3. Labor education stays in experience and ignores daily self-service labor.

　　At present, the labor practice of studying industry and agriculture in some areas is vigorously carried out, and an institutionalized labor experience system is gradually formed based on the construction of learning industry and agriculture bases. However, the persistence of these activities is worthy of attention. Most schools spend one week each semester leading students to experience labor, but they only stay in the experience once each semester, and there is a lack of cohesion between the activities, which is easy to make the labor experience become a casual entertainment. What’s more, some schools organize students to pull weeds in wasteland, and students regard pulling weeds as a kind of hard labor. This kind of labor experience of "working without teaching" deepens students’ rejection of manual labor. Therefore, the experience of labor must be complete, so that students can see the results of labor and feel satisfied with the achievements they have made through their own labor. If we just stop at pulling weeds without letting students experience the significance of pulling weeds for the growth of saplings, it will be difficult for this labor experience to play its due role. To lead students to plant wheat seedlings, we should let them see the process of wheat seedlings growing, heading and harvesting, and even let them see the process of wheat grains turning into food. At this time, the sense of pleasure comes not only from obtaining external products, but also from experiencing the sense of value and existence of labor.

　　In fact, daily self-service labor is just the way to implement the principle of continuity of labor education. However, these are often ignored in schools and families. Schools spend time and energy to organize off-campus labor practice, but at noon, catering staff bring students lunch to the classroom, "depriving" students of the opportunity to experience self-service. The relationship between man and self is at the core of the three attributes of man, which also means that students’ self-service labor plays a vital role in students’ all-round development. Self-service labor can be regarded as the beginning of labor education. No matter what kind of productive labor he is engaged in in in the future, self-service will become his obligation and habit, and it is also the habit of cultivating people to observe discipline, meet their personal needs by doing it themselves, and form the habit of respecting others. When students get food effortlessly, it is difficult to ask them to respect food and labor.

　　4. Strategies and suggestions for getting out of the misunderstanding of labor education practice.

　　"If there is labor, there may not be education". Labor needs to satisfy three relational attributes, namely, man and self, man and nature, and man and society. The basic contents of labor are: self-service labor, productive labor and social welfare labor. Labor education is a practical activity based on physical labor and material production labor, exploratory innovation labor and artistic aesthetic labor, which is manifested in independent life in family life, practice and hands-on operation in study, public welfare activities in society and various professional labor. Therefore, the strategy to get out of the misunderstanding of labor education practice is to balance people’s different forms of labor demand through diversification.

　　First of all, set up a cohesive and comprehensive labor education course. Dewey once said in The Waste of Education that all aspects and stages of education lack the necessary connection and cohesion with each other, which leads to conflicts and even negative effects. Similarly, in order to avoid the waste of education caused by labor education staying at the experience level, the labor education curriculum needs to pay attention to the cohesion of labor content and skills, which is reflected in the cohesion of curriculum content and the cohesion of education system. In terms of course content, it is necessary to set up labor courses that echo and connect properly according to the needs and characteristics of students of different classes and grades. In the education system, it is necessary to consolidate the skills and concepts of labor education through the cooperation between family and society. Schools can encourage students to find service jobs at home, take the initiative to participate in housework, and learn some labor skills. In addition, the content of labor curriculum also needs to take into account three basic labor education contents, namely, self-service labor, productive labor and social welfare labor.

　　Secondly, change the concept of labor education of parents and educators, so that parents and educators can establish labor education awareness. The promotion of the cooperative mechanism between labor educators and schools puts forward higher requirements for teachers and parents’ awareness of labor education. For example, some schools will arrange "homework". If teachers and parents can’t pay attention to it, the effect will be greatly reduced. In order to avoid staying in the curriculum, labor education needs to enhance the awareness of teachers and parents. On the one hand, it is necessary to interpret the connotation, function and significance of labor education in combination with the development of the new era. On the other hand, it is necessary to change the concept of labor education through necessary education and training, so that they can voluntarily carry out and cooperate with the development of labor education activities.

　　Finally, actively develop creative forms of labor and promote the combination of physical strength and brain power. Creative labor enables students to use the power of wisdom in physical labor, realize the unity of "internal thinking" and "external doing", and thus experience the happiness of labor. Wang Shaoliang, a scholar, believes that the labor values of contemporary teenagers have changed from "labor glory" to "labor happiness", that is, from "a kind of praise obtained from the outside through labor achievements" to "confirmation and affirmation of an essential force from their own labor achievements". Therefore, the development of school labor activities can not stay in simple physical labor, but needs to develop challenging creative labor that can show students’ physical and mental potential. Suhomlinski’s "creative labor theory" also points out that the content of labor education should be enriched with enough knowledge, abundant wisdom and refined talents.

　　 (Author: Ning Bentao Feng Linlin, respectively, professor of the Department of Education, Department of Education, East China Normal University, researcher of the Institute of Basic Education Reform and Development; Master student, Department of Education, East China Normal University)