Going to Spring Mountain, appreciating flowers, tasting yellow buds, and staying at a home stay... The May Day holiday is approaching, and Mogan Mountain, known as "the first mountain in the south of the Yangtze River", is ready to welcome guests. Moganshan is located in Moganshan Town, Deqing County, Zhejiang Province, China's international rural vacation tourism destination. It is the birthplace of China's high-end home stay industry.

On April 21, the reporter of the Rule of Law Daily drove into Liaoyuan Village, Moganshan Town. The distant mountains and near trees are clear and green, and various homestays are scattered everywhere. There is a new red and gray building beside the village road, which is the new site of the Moganshan Court. It witnessed that Moganshan has developed from the first "foreign family entertainment" in 2007 to more than 850 homestays, and received more than 7 million tourists in 2023.

Fu Xiansheng, President of the People's Court of Deqing County, introduced that in recent years, the Deqing Court has adhered to the concept of "green waters and green mountains are golden mountains and silver mountains", made the Moganshan People's Court bigger and stronger, focused on optimizing tourism trials, extending judicial services, and strengthening industrial security, strengthened the protection of B&B brands, and properly resolved disputes related to tourism, Inject judicial momentum into the development of the home stay industry, vigorously escort Mogan Mountain from the birthplace of the home stay tourism industry to the benchmark, and draw a beautiful picture of harmony, beautiful scenery, and prosperity.

Fast trial, fast execution and optimized litigation and mediation connection

White hydrangeas, yellow roses and green plantains, elegant buildings are colorful under the decoration of spring flowers. Turning into the village road, the reporter came to the "Xi'an Mountain House" homestay run by Aunt Zhong, accompanied by the murmur of water and the clear birdsong in the bamboo forest behind the house.

Seven years ago, Aunt Zhong, who was in her 50s, quit her job and started a home stay. At the beginning of decoration, Aunt Zhong encountered the problem of settlement of decoration funds caused by non-standard contract signing. "When I joined the home stay army at that age, I encountered various legal problems that made me feel at a loss, so I went to the Moganshan court to consult." Aunt Zhong said that the judge not only answered her questions about the current problems, but also provided her with various guidance in the follow-up business.

At that time, Aunt Zhong went to the former site of the court established in May 2015, a two-story building in Yu Village Scenic Area, which was set up to deal with tourism disputes efficiently and properly, and provide services to ensure the tourism economy. In September 2023, the new site of the Tribunal will be opened and its staff will increase to 18. Entering the new court located on Huangfu East Road, the case handling area and office area have been expanded several times, from one simple small court to three intelligent professional courts and three mediation rooms.

Wang Guoqing has been the President of Moganshan Court for more than two years, He told reporters: "As a tourism court around the ancient town of Mingshan Wetland, Moganshan Court has a heavy task of keeping a safe foundation and optimizing the business environment under the rule of law. We are deeply integrated into the modern rural governance system, committed to exploring the integrated operation of grass-roots courts and professional trials, adhered to the main line of the source of litigation governance, optimized the quality and efficiency of trials, and achieved a decline in the number of cases received for travel related disputes for three consecutive years."

The Moganshan Court has established a team for quick adjudication of travel related disputes, relying on the judicial service station to carry out regular circuit trials, and realize the separation of complex and simple disputes through electronic delivery, model litigation and other means. The average number of trial days of travel related disputes is less than 10 days.

"Thanks to the help of the court, I can catch my breath. The homestay has also been saved, and it will surely be repaid on time in the future!" The homestay operator, Xiao Wu, was still excited when he saw the court staff's return visit.

It turned out that in September 2020, Xiao Wu borrowed 1.7 million yuan from the bank in the form of operating loans for the overall renovation and upgrading project of home stay. After the completion of the renovation of home stay, the business has many ups and downs due to the impact of the epidemic. Originally, the interest was paid on time every month, but after the loan was due, more than half of the amount was still unable to pay.

In October 2023, the bank brought a lawsuit to the court after it failed to collect the money. After the judge learned the specific situation, he communicated with both parties for many times. Considering that Xiaowu homestay is in good condition at present, its operation is also in a gradually warming state, and it should have the ability to repay in the later period, the bank agreed to adjust the repayment method, so that Xiaowu could reorganize his luggage and start again.

Wang Guoqing analyzed and said: "For such financial disputes involving travel, we optimized the connection between litigation and mediation in the form of quick trial and execution of simple cases, and batch resolution of similar cases. At the same time, we put forward suggestions to relevant banks to strengthen financial risk prevention capabilities throughout the process."

The Moganshan Court handed over a beautiful transcript of litigation source management - relying on the comprehensive management station of home stay work and the tourism dispute mediation center, 38 professional mediation teams including tourism supervision, industry associations and rural rule of law leaders were introduced to participate in the pre litigation resolution of tourism disputes, and 814 tourism related disputes were resolved on the spot. 28 shared courts have been built, home stay classes have been opened, and typical cases such as rural house leasing and decoration contracts have been released to remind the home stay industry to prevent relevant risks and guide it to standardize and operate legally, so as to improve the comfort and security of rural tourism.

Strengthen brand protection of home stay industry

Mogan Mountain not only attracts tourists with its natural scenery, but also is famous for its unique architectural landscape. It is known as the "World Architecture Museum", and Lvye Villa (alias) is one of the landscapes.

Because a photo of a family of five was put on the public account for publicity, Lvye Mountain Manor got involved in a lawsuit. A Beijing graphic company sued for infringing its copyright. A total of 12 enterprises in Deqing became defendants.

Wang Guodong, the person in charge of the People's Court of Dixin Town, Deqing Court, recalled to reporters that these 12 copyright infringement disputes were the same plaintiff, the infringement facts were very clear, and the only dispute was the amount of compensation. Therefore, we chose Lvye Villa as one of the representative cases, and reached a settlement through online mediation organized by the mobile micro court, And take this as an example to facilitate the centralized mediation of the remaining disputes to resolve the disputes in a package. It only takes 8 days from the filing of the case to the final settlement and completion of the performance.

Moganshan Court combed the disputes related to the B&B industry handled in recent years and found the following problems: lack of awareness of B&B brand protection and risk of brand value erosion; The trademark of B&B is rush registered, and the prior rights are subject to infringement risk.

In order to promote the protection of intellectual property rights of home stay industry brands, Deqing Court issued judicial suggestions to the county government, including encouraging home stay operators to actively register trademark brands and obtain exclusive right protection as soon as possible; Apply for the cancellation of the trademark that has been registered maliciously or request the invalidation of the registered trademark through administrative or litigation means; Establish a professional intellectual property cooperative protection mechanism in the home stay industry, and organize special legal education activities.

After receiving the judicial suggestions, the main leaders of Deqing County Government gave instructions, and the County Culture, Radio, Television, Tourism and Sports Bureau, the County Justice Bureau, the County Market Supervision and Administration Bureau and other departments acted quickly to provide guidance for the relief of the trademark and brand rights of home stay operators, and actively build a joint protection pattern.

According to statistics, Moganshan Court improved the joint protection mechanism for geographical indications of agricultural products represented by "Moganshan Huangya" and "Deqing Zaoyuan Bamboo Shoots", and properly handled 26 intellectual property disputes such as home stay trademarks and brands. At the same time, the Deqing Court took the lead in issuing the Opinions on Strengthening the Joint Protection of the Brand of the Home stay Industry to jointly promote the construction of the county tourism business environment and improve the overall effectiveness of the brand protection of the Deqing home stay industry.

Rapid linkage to respond to the needs of all parties

One girl injured her instep when she was hit by the TV cabinet when playing in the home stay room; Li, a tourist, was injured due to the quality problem of the seats in the individual shops in the scenic spot; Shanghai tourists accidentally slip and get injured after taking a bath in the B&B bathroom... It is impossible to prevent travel related accidents. How to deal with them quickly and effectively is related to tourists' travel experience.

In this kind of event, Deqing responded quickly with the "1+3+N" characteristic tourism dispute resolution mechanism, "comprehensive law enforcement+tourism police+market supervision tourism branch office+tourism circuit court+N" five in one, and joined forces with various forces to resolve the related consumer disputes in the process of consumer tourism.

Moganshan Court extended its judicial services, established a joint steering group for tourism dispute resolution in conjunction with cultural tourism, public security, market supervision and other departments, strengthened coordination and linkage, and coordinated and resolved more than 230 disputes involving tourism.

In recent years, Moganshan courts have cracked down on consumer fraud, forced buying and selling and other acts of killing tourists according to law. If tourists are forced to buy goods or accept services by violence or coercion, and the circumstances are serious enough to constitute a crime, they will be investigated for criminal responsibility according to law, creating a clear legal environment for tourists.

Both tourists and home stay owners should be protected.

When entering Liaoyuan Village, the asphalt road winds forward, and the Fuxi River gurgles through the village. All the way, there are distinctive homestays. Among them, the "One Thousand and Seven Nights" homestay has only seven rooms, but the Moroccan style of the exterior wall attracts tourists to punch in and take photos. Not long ago, Liaoyuan Village Cultural Auditorium staged a lively law popularization lesson. Yao Xingye, the assistant judge of Moganshan Court, explained four dispute cases on house sales, neighboring rights, accommodation and salary arrears, which were generally welcomed by villagers.

Yu Chun, secretary of the General Party Branch and village director of Liaoyuan Village, said: "The court responded to our call to send the village to the law in time, which brought timely rain to the B&B operation and village governance. Everyone paid more attention to risk prevention and knew more about the protection of their legitimate rights and interests."

Relying on the digital dispute resolution platform of "Zhejiang Dispute Resolution Code", the Moganshan Court deeply integrates with the "Digital Village Map", carries out embedded rural governance, and strengthens the construction of the rule of law countryside by participating in online joint argumentation of village collective major issues, regular guidance meetings of the home stay industry, and the construction of "no litigation, no visit to villages", Boost the May 4th Village within the jurisdiction to be awarded the National Demonstration Village of Democracy and Rule of Law.

Deqing Court, taking advantage of the cultural advantages of the rule of law in the May 4th Constitution drafting area of Mogan Mountain, set up the first judicial experience center of "Mogan Law Charm" in 4A scenic spots nationwide to help promote the rule of law, and has received more than 230000 tourists in total.

Chen Bin, a partner of Zhejiang Qingxi Law Firm, has served as the legal adviser of Moganshan Town for more than ten years. He is a witness to the development and change of Moganshan courts, and also an experiencer of the judicial empowerment of the home stay industry.

"In a dispute over compensation for home stay demolition of Shanghai investors who served the Fuxi Water Street project, I fully felt the great energy released by the small court, which played a unique role in promoting the legalization of grass-roots governance." Chen Bin lamented that the court first intervened to resolve the dispute before litigation, participated in the whole chain of dispute handling, let everything go on the track of legalization, and promoted the settlement of the case.

　　 Originally published in the Rule of Law Daily on April 26