Li Weiao Zhongang In order to become the owner of Baidu Tieba, Zhang Wei, a Beijing man, paid a bribe of RMB 30,000 in cash and a BMW X5 worth more than 700,000 yuan to Xue Fei, a senior product operator and product operation manager of the Baidu Tieba division at the time. Series cars. Therefore, Zhang Wei was convicted of bribery to a non-state-owned employee in the first instance and sentenced to 1 year imprisonment with a suspended sentence of one and a half years; while Xue Fei was sentenced to the crime of bribery by a non-state-owned employee and sentenced to one and a half years imprisonment with a probation of two years. .
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On July 15, 2021, the Haidian District Court of Beijing disclosed the above-mentioned judgment.
It is worth mentioning that in 2018, Xue Fei voluntarily resigned from Baidu Online Network Technology (Beijing) Co., Ltd. (hereinafter referred to as Baidu) and moved to Beijing ByteDance Technology Co., Ltd. (hereinafter referred to as ByteDance). Baidu took him to court on the grounds that he violated the competition agreement.
The Haidian District Court of Beijing later ruled that Xue Fei returned 216,300 yuan of compensation for non-competition to Baidu, and paid 550,000 yuan for breach of the obligation of non-competition.
For Dang Tie Bar, the main consideration is 30,000 plus a BMW X5
Xue Fei, born on October 6, 1982, is registered in Chaoyang District, Beijing. In April 2013, joined Baidu Company. He used to be a senior product operator and product operation manager of Baidu Tieba Division. His work includes formulating and reviewing the rules for the appointment and resignation of the bar owner.
Zhang Wei was also born in 1982 and his household registration is also in Chaoyang District, Beijing.
The prosecutors allege that between 2016 and 2018, Xue Fei used his position to help Zhang Wei as the bar owner of Baidu Tieba. To this end, in 2017, Zhang Wei gave Xue Fei RMB 30,000 in cash. Subsequently, Zhang Wei gave Xue Fei a BMW X5 series off-road vehicle in installments.
As of April 2019, before the incident, Zhang Wei paid 702,100 yuan by means of down payment and transfer to Xue Fei’s wife Chen Yao’s account.
On April 19, 2019, the police invited Xue Fei to the public security agency on the grounds that he had learned about Xue Fei’s car scratching.
Two days later, on April 21, 2019, the police summoned Xue Fei and Zhang Wei to the case and placed them in custody. However, on May 29 of the same year, both were released on bail pending trial.
Since then, the case was prosecuted by the Haidian District Procuratorate of Beijing.
The Haidian District Court of Beijing specifically mentioned in the verdict that Zhang Wei “surrendered himself to the crime after he committed the crime and truthfully confessed his crime”.
Baidu Tieba, also referred to as Tieba, started in 2003. Baidu’s definition of it is:
“The idea of Tieba comes from Baidu CEO Robin Li: Combining search engines to build an online communication platform, so that people who are interested in the same topic can gather together to facilitate communication and help each other. Tieba is based on the key The theme exchange community of words, which is closely integrated with search, accurately grasps the needs of users, and is born for interest.”
Netizens can form a post bar based on a person’s name (such as a celebrity), or form different post bars based on an event, a movie or TV, a game, a company, and a city.
The bar owner of Tieba is a manager of Tieba, and its powers include: the owner of the bar has the right to use the management tool of the bar provided by Baidu Tieba; the right to delete, block and block the bad content and users in the bar; Has the right to form a bar business management team, and appoint, evaluate and remove members of the management team.
On July 18, 2021, a former senior employee of Baidu told a reporter from the Economic Observation Network that in some big post bars, such as the post bar of certain celebrities, such as “Li Yi the Great Bar”, which has arisen because of spoof and ridicule. Realistic influence of the Lord
They can be very powerful, they can become opinion leaders in a certain field, and they can also influence the progress of real-life situations to a certain extent. “Moreover, some posts are used for content marketing. Buyers can be the masters. Similar to these Hot search keyword marketing of the year.”
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It is worth mentioning that before and after this criminal case, in 2019, Xue Fei and Baidu had a civil lawsuit regarding the restriction of competition.
The judgment disclosed by the Haidian District Court of Beijing shows:
In April 2013, Xue Fei joined Baidu. In 2016, Xue Fei and Baidu renewed the “Labor Contract” for a period from June 30, 2016 to June 29, 2019. The two parties agreed on confidentiality and competition restrictions.
On September 7, 2018, Xue Fei resigned from Baidu and signed the “Notice of Confidentiality and Competitive Restriction Obligations” on the same day, stating that Xue Fei’s non-competition period was from September 8, 2018 to September 2019. On the 7th, Baidu Company paid 24,030 yuan a month as compensation for non-competition, and will withhold and pay personal income tax.
After resignation, Baidu paid Xue Fei compensation for non-competition in accordance with the agreement; before the two parties started the lawsuit, they paid a total of 9 months of compensation for non-competition, which totaled approximately 216,300 yuan before tax and approximately 192,000 after tax. yuan.
Baidu said that between October and November 2018, they discovered that Xue Fei did not abide by the competition restriction agreement, but switched to Bytedance, which owns products such as Toutiao and Douyin.
Baidu” submitted photos of Xue Fei’s visit to the office of Byte Company on January 28, 2019, February 26, 2019, March 21, 2019, March 26, 2019, and April 16, 2019. The video files and photos are proof. The video shows that Xue Fei entered the office marked with the “byte beating” logo”, “also submitted the EMS express form, showing that the documents were delivered to Xue Fei on May 8, 2019. The address is The 5th floor of Angel Building, No. 27 Haidian Street, Haidian District, Beijing. The name of the unit is ByteDance. The express receipt shows that it has been signed.”
In the lawsuit, Baidu also submitted a printout of the web page of “Baidu Today’s Toutiao Competition”, a print copy of the news page of “Today’s Toutiao Entering Search Engines to Challenge Baidu”, and a lawsuit filed by Byte against Baidu for unfair competition to prove There is indeed a competitive relationship between the two companies.
Therefore, Baidu believes that Xue Fei joined Byte Company after he resigned on September 7, 2019, and violated his obligation to restrict competition.
Baidu continues to sue Xue Fei against arbitration
Baidu proposed that Xue Fei should return and compensate Baidu about 1.13 million yuan, including payment of 865,080 yuan for breach of competition restriction obligations, return of competition compensation of 216,270 yuan, and payment of 50,000 yuan for breach of contract confidential business compensation; and demanded Xue Fei. Continue to perform confidentiality obligations.
Xue Fei admitted that he joined ByteDance in late September 2018, but resigned from ByteDance at the end of April 2019. As mentioned earlier, on April 21, 2019, Xue Fei was involved in posting it. The main bribery case has been detained by the police.
Xue Fei believes that the returned compensation for competition restriction should be calculated according to the amount actually received after tax, which is about 192,200 yuan. Regarding the section on liquidated damages for violation of the obligation of non-competition, Baidu advocates that in accordance with the “Labor Contract”, three times the amount of the compensation for non-competition compensation shall be paid, namely 865,080 yuan; Xue Fei said that he did not understand the “Labor Contract” The breach of contract clause, and the amount of liquidated damages is too high, request the court to adjust the amount of liquidated damages at its discretion.
Before this litigation, the two parties had actually conducted arbitration at the Beijing Labor and Personnel Dispute Arbitration Commission.
The result of the arbitration is:
1. Xue Fei continued to perform the obligation of confidentiality in accordance with the “Labor Contract”; 2. Returning Baidu Company’s compensation for competition restriction of approximately RMB 192,200; 3. Payment of Baidu Company’s breach of competition restriction penalty of RMB 550,000.
Baidu Company refused to accept the arbitration award and filed a lawsuit in the Haidian District Court.
In the end, the Haidian Court ruled:
Xue Fei continued to perform the confidentiality obligations stipulated in the “Labor Contract”, and returned to Baidu the compensation for restriction of competition of approximately 216,300 yuan, as well as payment of 550,000 yuan for breach of the obligation of restriction of competition.
This is equivalent to the end of this lawsuit, Baidu asked Xue Fei to pay more than 20,000 yuan in compensation.