Analysis of legal problems caused by rainstorm (IV)

  Recently, Typhoon Du Surui triggered a torrential rain and flood disaster in Beijing, and a series of law-related problems appeared in post-disaster recovery and reconstruction. The Beijing Lawyers Association organized lawyers from eleven professional committees, including civil law, insurance, labor, transportation and contract, to set up legal service groups to explain and analyze legal problems arising from the rainstorm.

  Legal problem and solutions on that protection of consume rights and interests

  1. What kind of legal responsibilities will the operators bear for driving up prices and making disasters?

  Operators will bear administrative responsibility, and if the circumstances are serious, they will bear criminal responsibility. In violation of the provisions of the People’s Republic of China (PRC) Price Law, there are acts of manipulating market prices, spreading price increase information to drive up prices, etc., and according to Article 6 of the Provisions on Administrative Penalties for Price Violations, a fine of less than 5 times the illegal income is imposed; If there is no illegal income, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed, and a fine of not less than 500,000 yuan but not more than 3 million yuan shall be imposed if the circumstances are serious. If the circumstances are serious, criminal responsibility for the crime of illegal business operation may be investigated.

  Second, if someone produces and sells food that has been soaked and polluted by floods, what legal consequences will it lead to?

  If the production and sale of food soaked and contaminated by flood is enough to cause serious food poisoning accidents or other serious food-borne diseases, it will constitute the crime of producing and selling food that does not meet the safety standards, and can be sentenced to criminal detention, imprisonment, fines, confiscation of property and other penalties.

  3. I made an appointment for a photography service. Because of the rainstorm, I applied to the merchant for rescheduling. The merchant refused to reschedule and deducted the deposit. Is it legal?

  Article 590 of the Civil Code of People’s Republic of China (PRC) stipulates: "If one party fails to perform the contract due to force majeure, it shall be exempted from liability in part or in whole according to the influence of force majeure, except as otherwise provided by law." Rainstorm will be prompted by weather forecast, so whether it can be attributed to force majeure depends on the specific circumstances such as "unpredictability of rainstorm" and "severity of rainstorm". If it is really impossible to rush to the shooting site due to the stagnant ground water due to the rainstorm, the rainstorm can be considered as force majeure, and the merchants should cooperate to change the date and should not deduct the deposit.

  4. If the house rented through an intermediary company is blocked by the roof drainage and accumulated too much water in the rainstorm, which leads to the collapse of the house, can you ask the intermediary for compensation?

  When renting a house through an intermediary, if the intermediary deliberately conceals important facts related to the conclusion of the contract or provides false information, which harms the interests of the client, the intermediary shall bear the responsibility; If the intermediary did not conceal the situation of the house in the process of providing intermediary services, the intermediary will not bear the responsibility because of the quality problems of the house itself or the collapse of the house due to disasters, and the lessee may ask the lessor to bear the corresponding responsibilities.

  Article 962 of the Civil Code of People’s Republic of China (PRC) stipulates that the intermediary shall truthfully report the matters related to the conclusion of the contract to the client. Where an intermediary intentionally conceals important facts related to the conclusion of a contract or provides false information, thereby harming the interests of the client, it shall not request payment of remuneration and shall be liable for compensation.

  5. Who will pay for the goods purchased online that were washed away and damaged by water at the logistics distribution station?

  According to the provisions of Articles 47 and 48 of the Postal Law of People’s Republic of China (PRC), if the online shopping items are insured with property loss insurance, you can apply for insurance claims; If the merchant applies for insured price at the time of delivery, the logistics company can compensate according to the insured amount. For mail losses caused by force majeure, logistics enterprises shall not be liable for compensation, except for insured mail items.

  Legal problems and solutions about land and real estate

  1. Who will bear the maintenance responsibility for the leakage of the rented house caused by heavy rain?

  If there is an agreement in the lease contract, if there is no agreement, the lessor shall perform the maintenance obligation of the lease item according to Article 712th of the Civil Code of People’s Republic of China (PRC). If the contract signed by the lessor and the housing leasing enterprise stipulates that the maintenance responsibility belongs to the housing leasing enterprise, the lessor may pursue the responsibility from the housing leasing enterprise after assuming the maintenance responsibility.

  Second, the rainstorm caused the rental house to be flooded. Who will bear the loss of indoor property?

  The loss of the lessee’s indoor property shall be borne by the lessee in principle. However, if there is evidence that the house itself has design defects or that the improper transformation of the housing leasing enterprise has caused or aggravated the losses of the lessee, the lessor and the housing leasing enterprise may be investigated for tort liability according to their fault.

  3. Who should bear the liability for compensation if the rainstorm causes the house to leak and flood downstairs?

  If the leakage point is in public places or public facilities such as leaking pipes, the property service person shall be liable for compensation; If the water leak is in the exclusive part, the owner shall be liable for compensation. After the owner is liable for compensation, if there is an agreement with the lessee in the lease contract, he may pursue the responsibility from the lessee.

  After finding water leakage upstairs, the injured party should first protect the site and fix the evidence. For example, taking photos, video recording and other evidence collection. You can find property service providers or communities, let them give their opinions, or let them go to the upstairs owners for consultation and repair. If the consultation fails, an agency with assessment qualification can be invited to the site for assessment. After sorting out the relevant evidence, you can bring a lawsuit to the court and ask the upstairs owner to compensate for the losses.

  4. Can the lessee claim rent relief from the lessor because the leased house cannot be used normally due to heavy rain?

  If the leased premises can’t be used normally due to the rainstorm disaster, if it is caused by reasons not attributable to the lessee, the lessee may request the lessor to partially or completely waive its obligation to pay rent; If the lessee is at fault, it shall bear corresponding responsibilities according to the size of the fault. The lessee shall notify the lessor in time to reduce the losses that may be caused to the lessor, and provide evidence to prove it within a reasonable period of time. In addition, if the lessee has delayed payment or refused to pay the rent before the rainstorm disaster, the lessee’s default liability occurred first and the flood disaster occurred later, and the lessee’s unpaid rent cannot be exempted at this time.

  5. If the leased premises cannot be used normally due to the rainstorm, can the lessee claim to terminate the contract with the lessor?

  It needs to be determined according to the damage of the house. If the purpose of the lease contract cannot be achieved due to serious damage, the lessee may request to terminate the lease contract according to Article 563 of the Civil Code of People’s Republic of China (PRC). In judicial practice, the people’s court will comprehensively consider the impact of floods on the contract performance period, contract content, contract subject matter and other related issues, and handle the termination of the contract according to the situation. In the case that the lease term of the contract or the remaining lease term is short, and the leased house is partially or completely damaged or lost due to the rainstorm disaster, the lessee’s contractual purpose can no longer be realized, and the request to terminate the contract can usually be supported. If the remaining lease term is long and the leased house itself is not seriously damaged or can be resumed as soon as possible after cleaning, it will not affect the realization of the purpose of the lease contract itself. At this time, the lessee’s claim to terminate the lease contract is usually not supported, but at this time, the lessee can still reduce its losses by applying for rent reduction.

  6. If the land and house are damaged and lost due to the flood, and the lease contract cannot be continued, do you need to bear the liability for breach of contract?

  No liability for breach of contract is required. Article 180 of the Civil Code of People’s Republic of China (PRC) stipulates that those who cannot perform their civil obligations due to force majeure shall not bear civil liability. If there are other provisions in the law, such provisions shall prevail. Force majeure is an objective situation that cannot be foreseen, avoided and overcome, and floods fall into this category.

  Seven, how to repair the roof leakage and wall seepage caused by heavy rain?

  According to the Measures for Quality Warranty of Building Construction Projects, the warranty period of roof waterproofing works, toilets, rooms and exterior walls with waterproof requirements is 5 years. Within 5 years, the owner may ask the construction unit to carry out repairs. If the construction unit refuses to repair, the reasonable expenses incurred by the owner after repairing by himself may claim compensation from the developer. Over the warranty period, the roof maintenance belongs to the public part, you can apply for the start of residential special maintenance funds.

  Eight, how to start the special maintenance fund for housing caused by heavy rain?

  The Beijing Municipal Commission of Housing and Urban-Rural Development and the Beijing Housing Provident Fund Management Center issued the Notice on Further Promoting the Use of Special Maintenance Funds for Houses in the Case of Rain Leakage (J.J.F. [2023] No.253), which stipulates that if the houses in residential quarters leak rain and exceed the maintenance scope agreed in the property service contract, the community industry committee (property management committee) and the property service provider should first report to the local residents’ (village) committees in time for on-the-spot inspection by all parties. After confirming the mode and scope of maintenance and renovation, the industry committee (property management committee) or the property service provider can entrust the construction unit to carry out maintenance and renovation of the parts involved in the house leakage. After the maintenance and renovation, the project cost accounting, the application for the use of maintenance funds to the relevant departments, and the allocation of special maintenance funds for housing to the bank account of the construction unit can be carried out. Therefore, within the scope of this city, the use of the maintenance fund in the case of water leakage in the house can be realized first and then funded under the corresponding conditions, and the process is more convenient.

  9. Who can claim the loss from the heavy rain that caused the house to partially collapse?

  If the house collapses due to its own quality problems, it can claim compensation from the developer; If the house collapses under the rainstorm disaster due to long-term construction and improper use, the rainstorm is a force majeure factor and cannot claim compensation. You can try to apply for subsidies from the local government.

  Ten, heavy rain caused the garage, garage irrigation, resulting in property damage, who should be liable for compensation?

  The possible responsible subjects are developers and property service providers. If the drainage design of residential areas, underground garages and basements is not in accordance with national standards, and the design or construction is not standardized, resulting in drainage problems, developers can be required to bear the responsibility; If the realty service contract stipulates the relevant management responsibilities of the realty service provider in case of sudden natural disasters, and the realty service provider neglects his duty (such as failing to take preventive and early warning measures, making notification and early warning, and taking necessary dredging and backflow prevention measures), the realty service provider may be required to bear the responsibility.

  11. Who should claim compensation for the broken trees and broken doors and windows in the rainstorm?

  If the forest manager or owner is at fault, he may claim compensation from the forest manager or owner, who shall be liable for compensation according to the size of his fault; If the forest manager or owner proves that he is not at fault and it is caused by the weather, it is an exempted force majeure factor and cannot claim compensation.

  Twelve, due to heavy rain caused by the contracted land disaster, how to relief?

  If there are other parties’ faults in the contracted land, such as poor drainage due to the neighboring land, the relevant parties shall bear the tort liability. If the contracted land has purchased the corresponding agricultural insurance, it can claim compensation according to the insurance contract. If there is no insurance and no third-party infringement, the Beijing Municipal Bureau of Agriculture and Rural Affairs issued the "Guiding Opinions on the Recovery of Production in Agriculture and Rural Areas in the City after the Disaster" on August 1, 2023, emphasizing the drainage of affected farmland, crop management, agricultural insurance claims, and the implementation of subsidies for benefiting farmers. Please wait for the guidance of the local government for post-disaster rehabilitation and post-disaster relief subsidies. In addition, if the rainstorm causes serious damage to the contracted land, an application can be made to adjust the contracted land according to Article 336 of the Civil Code of People’s Republic of China (PRC).

  13. If the subcontracted land is affected by heavy rain, can you ask for the termination of the contract?

  Unless it is otherwise agreed in the contract, the contract cannot be terminated unless the heavy rain causes serious damage to the subcontracted land. In agricultural production, the possibility of the contracted land being affected by extreme weather should be foreseen, and the subcontractor only has the obligation to deliver the subcontracted land, but not to ensure the contractor’s harvest.

  14. In the process of dealing with the rainstorm disaster, the property service person does not act. As the owner, can the property service person be replaced?

  It is the owner’s right to dismiss the property service provider according to law. If the property service provider fails to act in the process of dealing with the rainstorm disaster, such as untimely warning and inadequate drainage measures, the owner has the right to jointly decide to dismiss the property service provider according to Article 278 of the Civil Code of People’s Republic of China (PRC). In addition, if the inaction of the property service provider violates the contract and causes losses to the owner, the owner may also require the property service provider to bear corresponding responsibilities.

  Fifteen, what are the relief paths for the damage of houses caused by heavy rains and floods?

  1. Judge the cause of the house damage. Confirm whether the house damage is caused by building quality problems or force majeure natural disasters, and seek the relief path accordingly.

  2. Rainstorm is a major natural disaster of legal force majeure. If there is no building quality problem in the house, you can apply to the government department for assistance for the loss of the house caused by the natural disaster. If the homeowner has insured the family property insurance, he can claim compensation from the insurance company.

  3. If the house loss is caused by the construction quality problem or the third party’s responsibility, you can claim compensation from the developer, the constructor, the property service provider or the infringer.

  Sixteen. What preparations are needed to claim relief after the house is damaged?

  1. Collect evidence. No matter which route you take to claim, you need to collect enough evidence to prove the fact and extent of the house loss. For example, you can take photos or videos, save relevant documents or contracts, find witnesses or witnesses, and so on.

  2. Assess the amount of loss. The original value of the house can be proved according to the purchase contract, construction agreement, etc., and the amount of loss of the house can be evaluated according to factors such as repair cost and service life. If necessary, you can ask a professional evaluation agency to make an evaluation.

  3. Make a claim or relief request. It is necessary to put forward corresponding requirements according to different claim relief objects and methods. If you apply for assistance from a government department, you need to fill in the application form and submit relevant materials; If you are claiming compensation from an insurance company, you need to report the case and provide insurance policies and evidence; If you claim for compensation from other parties, you can send a lawyer’s letter or sue, and so on.

  4. Maintain communication and consultation. In the process of claim, it is necessary to maintain communication and consultation with the other party and try to reach a reasonable and satisfactory result. If the other party refuses or delays compensation, it can be solved through litigation, and if it meets the conditions, it can seek legal aid.

  17. What are the basis and principles for applying to the government for assistance after the house is damaged by the disaster?

  The basis for applying for assistance is Articles 19 and 20 of China’s Regulations on Natural Disaster Relief. According to the above provisions, after the danger of natural disasters is eliminated, the people’s governments in the affected areas should make overall research and formulate plans and preferential policies for the restoration and reconstruction of residents’ houses, organize the reconstruction or repair of residents’ houses damaged by disasters, and give key assistance to families with real difficulties in restoration and reconstruction. The restoration and reconstruction of residents’ housing should be adapted to local conditions, economical and practical, and ensure that the quality of housing construction meets the requirements of disaster prevention and mitigation. The emergency management departments of the people’s governments in the disaster-stricken areas shall distribute subsidy funds and materials to the residents’ housing recovery and reconstruction subsidy objects confirmed by the audit, and the housing and urban-rural construction departments shall provide necessary technical support for the reconstruction or repair of residents’ housing damaged by the disaster. Residents’ housing restoration and reconstruction subsidies are applied by the affected persons themselves or nominated by villagers’ groups and residents’ groups. After democratic appraisal by villagers’ committees and residents’ committees, those who meet the conditions for assistance shall be publicized in natural villages and communities; If there is no objection or the democratic appraisal objection of villagers’ committees and residents’ committees is not established, the villagers’ committees and residents’ committees will submit the appraisal opinions and relevant materials to the township people’s government and the subdistrict office for examination and approval, and report them to the emergency management department of the people’s government at the county level for examination and approval.

  Eighteen, how to apply for insurance claims after the house is damaged?

  1. The key to housing damage insurance claims depends on whether you have purchased family property insurance, that is, family property insurance. Family property insurance covers a wide range, but generally it mainly protects the house, and at the same time it can also play a certain role in protecting the accessories such as decoration, furniture and household appliances in the house.

  2. If an owner has purchased property insurance in advance, he shall promptly report the damaged house to the insurance company and apply for compensation. The insurance company will be liable for compensation according to the loss of the house, its attachments and decoration parts and the proportion of the insured amount to the insured value.

  3. Family property insurance also has certain restrictions on the scope of compensation for indoor property, specifically according to the insurance contract. General housing main body and hard decoration are within the scope of compensation, but jewelry, currency, securities, tickets, stamps, antiques, animals and plants and other properties that cannot be proved and appraised are not within the scope of compensation.

  4. When reporting an insurance case, you should provide necessary supporting materials. When making claims, insurance companies will generally ask for accident certificates, damaged photos, financial invoices, real estate licenses, ID cards, bank cards and other claims materials.

  Nineteen, the flood destroyed the houses and homestead in a village, and the original four to unknown, can villagers build houses at will after the disaster? How is this law stipulated?

  I can’t. The homestead belongs to the collective. According to Article 265 of the Civil Code of People’s Republic of China (PRC), the property owned by the collective is protected by law, and any organization or individual is forbidden to occupy, plunder, privately divide or destroy it. Article 364 of the Civil Code of People’s Republic of China (PRC) stipulates that if the homestead is lost due to natural disasters and other reasons, the right to use the homestead shall be extinguished. Villagers who have lost their homesteads shall be redistributed according to law.

  20. Does the state compensate for the loss of land, houses and other property caused by flood discharge?

  Give compensation. According to Article 9 of the Interim Measures for Compensation for the Use of Flood Storage and Detention Areas, if residents in flood storage areas suffer property losses due to flood discharge, the state will pay compensation for housing damage, crops, professional aquaculture and economic forest water damage to residents in flood storage and detention areas according to the loss.

  21. How can residents in flood storage and detention areas get compensation for property losses?

  According to the Interim Measures for Compensation for Flood Storage and Detention Areas issued by the State Council (the State Council Order [No.286]), only 70% of houses are compensated for damage caused by water, and 50% of household agricultural production machinery, draught animals and major household durable consumer goods are compensated for damage caused by water, and 40%-70% are compensated for losses caused by water below 2,000 yuan.

The company’s front line | The adjustment and update of the theme points of Zhongguang Natural Selection

  () F10 data shows that on March 4, 2024, () theme points have been updated and adjusted:

  Proposed layout of short drama business

  On December 2, 2023, the announcement of the company’s change revealed that recently, some media reported that the company was involved in "short drama concept stocks". Up to now, the company’s operating income structure does not involve short drama business, and the short drama business has no impact on the company’s performance. Investors are advised to pay attention to investment risks and invest rationally. On November 7, 2023, the company disclosed on the interactive platform that short plays are a very popular content ecology recently. Our company’s business is based on content, and we are also actively deploying short play business. We have done a lot of preparatory work from script selection and creation, copyright purchase and content production. The profit model of short play business needs further verification, but we believe that the core logic of short play market is content is king. As a company operating on content and copyright, we will definitely compare ourselves.

  Short drama business "fast burning" APP internal test

  On December 5, 2023, the announcement of the company’s change revealed that recently, some media reported that the company involved "short drama concept stocks". Up to now, the company’s operating income structure does not involve short drama business, and the short drama business has no impact on the company’s performance. The company’s short drama business "Fast Burning" APP has completed the technical construction, and the APP is now in the internal testing stage. There are uncertainties in the online time, profit model and profitability of the "fast burning" APP. Investors are requested to objectively analyze the company’s operating environment and invest rationally. On November 7, 2023, the company disclosed on the interactive platform that short plays are a very popular content ecology recently. Our company’s business is based on content, and we are also actively deploying short play business. We have done a lot of preparatory work from script selection and creation, copyright purchase and content production. The profit model of short play business needs further verification, but we believe that the core logic of short play market is content is king. As a company operating on content and copyright, we will definitely compare ourselves.

  NFT technology

  In June 2022, the risk warning announcement was disclosed: Recently, some media reported that the company was involved in "NFT concept stocks". In March 2022, the company and Changsha Malanshan Investment Development and Construction Co., Ltd. jointly funded the establishment of Hunan Malanshan Tianze micro chain Technology Co., Ltd., which mainly protected and traded digital assets based on copyright content. The "China V-Chain" project is at the initial stage of development, but it has not yet opened the online trading function. Before the formal transaction, the platform also needs to obtain the network culture business license, ICP license and other related business licenses, which can only be implemented after being approved by relevant departments according to laws and regulations. At present, Hunan Malanshan Natural Selection micro chain Technology Co., Ltd. is applying for approval of related businesses, and there is still uncertainty about whether the application can be approved. Please pay attention to the risks. On January 26, 2022, the company disclosed on the interactive platform: At present, the company has used blockchain technology for copyright deposit, and we are actively paying attention to NFT technology. The online trading of video content and materials owned by the company needs NFT technology for copyright protection and development of copyright. More market value.

  Natural Selection of micro chain —— Overall Service of Digital Rights

  In March 2022, Zhongguang Natural Selection and Changsha Malanshan Investment Development and Construction Co., Ltd. established Hunan Malanshan Natural Selection micro chain Technology Co., Ltd. The core business of Tianxuan micro chain is to operate the overall digital rights service platform "China V-chain". By the end of 2022, there were more than 160,000 online copyright trading materials and 150,000 blockchain deposits. At present, "China V-Chain" has obtained 7 licenses required by online platforms for copyright services and transactions, and was selected as "National Radio and Television Media Convergence Growth Project in 2022". In December, 2022, Natural Selection micro chain released the "Collective Copyright Service Plan", which uses its own blockchain to form six service systems: works planning, classification and registration services, establishment of exclusive digital copyright material database, monitoring of works’ use rights throughout the network, evidence storage and notarization, automatic distribution of cases, diversified dispute resolution, authorized use and deep IP development of works, assets evaluation of works’ related rights and interests, and listing and transfer transaction services. In 2023, while continuing to serve copyright and intellectual property customers, it will also establish a V-chain copyright management SAAS system to realize the blockchain system link with relevant functional institutions and judicial acceptance, and use advanced digital intelligence, technology and accurate services to make intellectual property more valuable.

  Comprehensive media group

  For many years, Zhongguang Tianxuan has always adhered to the principle of "positive energy, natural selection", being the organizer of head content, an expert in vertical field and an operator of all-media content, and building a comprehensive media group with national influence. In 2021, the company has six strategic sections: content division, platform division, MCN center, film and television drama center, film center and education center, with more than 300 professional video producers, mainly engaged in the production and operation of variety shows, documentaries, film and television dramas, short videos and other video content.

  Film and television center-investment and investment system of fine film and television

  Since its establishment in 2018, Tianxuan Film and Television Center has produced, organized and invested in nearly 150 projects. After fully opening the paid track with differentiated and high-quality projects, it has gradually moved towards TV dramas and customized tracks for "film and television travel". In terms of online movies, box office breakthroughs have been continuously achieved, and genre innovations have been expanded: Ghost Story broke through 40 million, setting a new benchmark in the industry; the first phenomenal online movie daoist magic broadcast on dual platforms broke through 50 million, ranking among the top three in the online movie sub-account list in recent three years together with Ghost Story; in terms of online sub-account drama, a new platform record has been set year by year: Flash! Breaking the double records of iQiyi’s popularity and box office in 2022 with a sub-account box office of over 100 million yuan, Dear Mr. Lemon Essence broke through 58 million yuan, ranking first in Youku’s online sub-account drama in 2021. In TV series, Parabola of Youth inherits the spirit of China Women’s Volleyball Team and is well received. While investing and "investing", Tianxuan Film and Television Center also participated in the creation of CCTV’s large-scale documentary "For Peace", which was highly praised by China People’s Liberation Army News and Communication Center. Making the first digital film "Dragon Gate" for the world cultural heritage of Longmen Grottoes in Luoyang will be the first digital dome film of grottoes in the past decade, and it will be the first stop of the immersive cultural tour of Longmen Grottoes by means of "film and television travel".

  Film Center —— Investment Pioneer of Sub-account Content

  Zhongguang Natural Selection Film Center focuses on the investment of sub-account content, enters online movies and sub-account online dramas, and opens up paid tracks. In recent years, the natural selection film industry has gone from joint production TOP1 main production, and the main producer has invested in nearly 100 projects, such as Ghost Story: Human Love, daoist magic, Snake King, Flash China, Surprise Tunnel Warfare, Dismantling the Case, Murder Scene, etc., which have been launched on major video platforms one after another, among which the romantic fantasy movie Ghost Story: Human Life. As the first online movie broadcast on dual platforms, daoist magic, a fantasy martial arts action movie, ranks in the annual box office list of Aiqiyi and Tencent Video, which is the highest in the history of online movie box office. The positive energy online movie Flash China ranks first in the hot search list of Aiqiyi, second in the list of Tik TOP1 movies, the online movie of war and epidemic won the best film of the 10th Beijing International Online Movie, and mortal hero was selected as the network audio-visual quality project of SARFT. The rural comedy Erlonghu Love Story 2021 and the urban emotional drama Dear Mr. Lemon Essence are both box office champions in the same theme drama, ranking the top three in the Youku drama list and topping the Youku drama list for many times.

  Platform Division-Pioneer of Copyright Operation

  Zhongguang Natural Selection Platform Division has been rooted in copyright operation for many years. The two national trading platforms, Taoju Taotao and Program Purchase, focus on copyright creation, copyright protection, industrial development, copyright trading and other fields to promote the development of copyright industry, and have a good leading and exemplary role in copyright units across the country. With the ability to link the national transmission and the copyright integration of high-quality TV dramas, "Taoju Taotao" was successfully selected into the "National Radio and Television and Network Audiovisual Industry Development Project Library".

The chairman’s meeting of CPPCC made a suggestion that the construction of "two districts" should adhere to the principle of "for the national examination system" and form a number of "Beijing rules"

  Original title: The CPPCC Chairman’s Meeting made a suggestion that the construction of the "two districts" should adhere to the "national trial system" and form a number of "Beijing rules"

  On July 28th, the CPPCC held a meeting of deliberative chairmen to discuss and discuss politics around the topic of "actively docking the rules of international high-level free trade agreements and promoting new progress in the construction of the’ two districts’". The joint research group of CPPCC (hereinafter referred to as the research group) proposed that to promote the docking of international high-level free trade agreement rules between the two regions, we should always adhere to the orientation of "trying the system for the country", accelerate the landing of a number of breakthrough, dynamic and effective institutional innovations, and form a number of influential "Beijing rules" and "Beijing standards".

  Status quo: Beijing’s "two districts" construction has achieved positive results.

  The research team believes that since the start of the construction of "two districts", the municipal party committee and government have insisted on the construction of "two districts" as an important "sub" to promote the linkage service of "five districts" and integrate into the new development pattern, focusing on key industries, key parks, institutional systems, factor supply and other fields, and grasping the breakthroughs in policies, institutional mechanisms and international development environment, and have achieved positive results in institutional innovation, forming a number of practical cases that have been promoted nationwide.

  International free trade agreements involve a wide range of contents. What aspects should be emphasized in the "two regions" docking? The research team suggested that we should focus on Beijing’s advantageous industrial fields such as scientific and technological innovation, service industry opening-up and digital economy, and try our best to highlight Beijing’s characteristics.

  Analysis: Service trade is the key area of the new round of international economic and trade rules reconstruction.

  In the face of the unprecedented changes in the past century, the international economic and trade rules are undergoing profound changes. The research team believes that "negative list"+"national treatment before entry" has become the main feature of the new round of international investment and service trade commitments. Strengthening the "three zeros" principle of zero tariffs, zero barriers and zero subsidies is an important trend in the new round of international economic and trade rules reconstruction. In addition, service trade has become the key area of the new round of international economic and trade rules reconstruction, and digital trade is becoming the new focus of competition for rule reconstruction.

  The research team pointed out that compared with international high-level free trade agreements, China not only faces the challenges of "border" measures such as market access, service industry opening, and cross-border data flow, but also involves a series of "post-border" rules such as industrial subsidies, state-owned enterprise reform, and intellectual property protection. These are the areas and directions that should be focused on in the future.

  Recommendation 1: Further relax the quasi-operation of foreign investment.

  The research team suggested steadily promoting the liberalization and facilitation of trade and investment. Further relax the admission of foreign capital. Introduce municipal management measures and support policies as soon as possible, and encourage and guide foreign-invested adult education and training institutions and vocational skills training institutions to develop in Beijing; Reduce the entry threshold for international medical institutions, and relax the restrictions on the establishment of departments, personnel and institutional area for international medical institutions to open hospitals and outpatient departments in the Free Trade Zone. In terms of cultivating new trade formats and new models, the research team suggested that anticancer drugs, drugs for rare diseases and over-the-counter drugs should be included in the pilot category of selling pharmaceutical products in cross-border electronic commerce, and the pilot of selling pharmaceutical products in cross-border electronic commerce should be accelerated; Promote the pilot business model of "online shopping bonded+offline self-raising" to extend from the special customs supervision area to the free trade zone, duty-free shops in the city, and cross-border e-commerce experience stores.

  Recommendation 2: Explore the establishment of a "data customs"

  Data security management is an unavoidable topic in the opening of digital trade. The research team suggested that the data classification and classification management system should be established and improved. Study and formulate rules for data classification and grading at the municipal level, clarify the identification standards for general data and important data, strive for support at the national level, and select some industries and enterprises to carry out pilot projects for data classification and grading management.

  The research team also suggested actively promoting the pilot system of "Personal Information Protection Authentication", "Data Exit Standard Format Contract" and "Cross-border Data Flow Security Agreement" to improve the efficiency of data security assessment and lay the foundation for cross-border data flow and data asset transaction. Relying on the Digital Trade Port and Beijing International Big Data Exchange, we will explore the establishment of a "data customs" and support several Beijing data cross-border hosting service platforms to explore data compliance assessment and cross-border services.

  Recommendation 3: Promote the establishment of Beijing-Tianjin-Hebei information sharing mechanism.

  The research team proposed to explore the introduction of international specialized intellectual property service institutions and accelerate the construction of an international intellectual property trading center. Relying on big data, cloud computing, Internet of Things and other technologies, we will establish an international-oriented public service platform for intellectual property operation in the Free Trade Zone, realize one-stop service for rapid review, confirmation and rights protection of intellectual property rights, and promote the facilitation of cross-border transactions of intellectual property rights; Promote the establishment of Beijing-Tianjin-Hebei intellectual property information sharing mechanism and build a regional unified intellectual property network service platform. (Wu Hongli)

Tesla is expected to enter the China market through the national compliance requirements for automotive data security FSD.

  [Pacific Auto] On April 28th, China Automobile Industry Association and National Computer Network Emergency Technology Processing Coordination Center issued the Notice on Testing Four Safety Requirements for Automobile Data Processing (the first batch), and all the models produced by Shanghai Superfactory met the compliance requirements. It is expected that all localities will lift the prohibition and parking restrictions on peer-to-peer intelligent networked vehicles (such as government agencies, airports, highways, etc.).

  According to the public notice, Tesla, as one of the first enterprises to pass the national authoritative vehicle data testing, carried out the vehicle testing in strict accordance with the relevant laws, standards and testing procedures, and met the four compliance requirements of the national regulations and standards, such as Several Provisions on the Safety Management of Vehicle Data and GB/T 41871-2022 Safety Requirements for Information Security Technology in Vehicle Data Processing: anonymous processing of external face information, default not to collect cockpit data, and in-vehicle processing of cockpit data.

  In addition, many brands and models, including,,, Nezha and so on, also successfully passed the data security compliance test. It is reported that this test follows the principle of voluntary inspection by enterprises and evaluates the data security compliance of newly listed intelligent networked vehicles in 2022-2023.

  At present, new energy vehicles can collect a large number of diversified vehicle data by equipped with advanced sensors and intelligent systems. However, this technological progress has also brought new challenges to data security. Tesla has been concerned about data security issues before, and even restricted in some places. The announcement of the test results not only provides an official endorsement for the data security of many new energy vehicles such as Tesla, but also sets a new standard for data security for the whole industry. This progress is expected to promote the wider application of intelligent networked vehicles and strengthen consumers’ trust in new energy vehicle technology.

  It is worth mentioning that the core reason why Tesla’s FSD fully automatic driving software can’t be pushed in the mainland market is data security, and this time, the national authoritative data security test has laid a certain foundation for Tesla to promote FSD to enter the China market.

  However, despite Tesla’s deep technical accumulation in the field of intelligent driving, the competition in the domestic market is also extremely fierce. Domestic car companies have made rapid progress in the field of advanced assisted driving, and many car companies provide advanced intelligent driving functions for free. In this case, the optional cost of Tesla FSD fully autonomous driving software is as high as 64,000, which is undoubtedly a big burden for consumers. If the price cannot be reduced, even if it comes into the domestic market later, it will be difficult to obtain wide acceptance because of the high use cost.

  In addition, the road and traffic environment in China may be different from that in the United States, and Tesla may need to localize and optimize the FSD to meet the actual needs of the domestic market. Are you optimistic about Tesla FSD entering the domestic market? (Text: Pacific Auto Wu Qi)

Tank "fuel-saving king" king of cost performance

The richness of the configuration is closely linked to the cost performance of a car, and many people have mentioned it. Let’s take a look at it together.

Let’s take a look at the appearance of tank 300 new energy. The shape of tank 300 new energy front is very fashionable and simple, and it looks full. Coupled with simple headlights, the overall look is very unique. The car is equipped with LED daytime running lights, front fog lights, automatic opening and closing, adaptive far and near light, delayed closing and so on. Coming to the side of the car body, the size of the car body is 4760 mm * 1930 mm * 1903 mm. The car adopts clean lines, giving people a very round and lovely feeling. With large-sized thick-walled tires, smooth lines run through the whole side of the car. In terms of the rear end, the rear end looks more personal and the taillight style is more avant-garde, creating a good atmosphere.

Coming into the tank 300 new energy vehicle, the interior design is very sharp and the visual effect is quite unique. The car’s steering wheel is very tough, equipped with manual steering wheel up and down+front and rear adjustment, steering wheel heating and other functions, and the grip performance is good. Take a look at the central control. The car is equipped with a touch-sensitive LCD central control screen, which makes the interior style impressive and the overall design of the central control is remarkable. The dashboard and seats are equally eye-catching. The car is equipped with a fashionable dashboard, which highlights the trendy temperament. The car uses leather seats, which are wrapped in place and comfortable.

Let’s look at the configuration. Tank 300 new energy is equipped with car networking, driving mode selection, remote control key, Bluetooth key, rear wiper, interior atmosphere light and other configurations.

Summary: The model class introduced today is the most considered class when many people buy their first car, mainly because the model of this class is moderate in size and reasonable in price.

South Korean female anchor appeared in the adult program, tearing off the skirt and getting wet.


Former anchor Park Eun-Ji shows sexy.


Park Eun-Ji appeared wet in the variety show.

    After South Korean weather anchor Park Eun-Ji left the anchor station, he changed to the variety industry. A few days ago, she competed sexy with funny artist An Yingmei in an adult funny program. Park Enzhi couldn’t stand the provocation of the other side. He not only tore the narrow skirt, but also picked up mineral water and poured it on his body. The wet white shirt was transparent, making the black underwear looming.

    Putting down the dignified image of broadcasting news in the past, Park Eun-chih struggled to sell sexy in the program. At first, she pulled her ponytail apart to reveal her feminine hair, and then she used tricks such as tearing off her skirt and getting wet, which surprised the audience.

    Park Enzhi, born in 1983, entered MBC TV station in 2005 and became a weather anchor. Because of her handsome appearance, plus 171 cm tall figure and long legs, she immediately had many fans. At the end of 2006, she was promoted to be the main weather anchor during the prime-time news hours from Monday to Friday. Park Eun-Ji used to appear in a see-through costume when she was on the anchor station, which made her the focus of the topic repeatedly.

More sexy pictures of Park Eun-Ji on the next page.

Repair the beauty of the original, rich green, elegant and elegant, and the repair series is dazzling

  

  About 3,000 years ago in Europe, the city of Rome was just built, and an ancient and nameless creature has lived in this soil for several years. This generate-like plant has its own name-flax seed, which contains rare repairing energy and can instantly inject new vitality into hair. Flaxseed oil, a miracle plant, is refined by Fu Lu Deya, and blended with plant keratin and wild soybean essence in a perfect proportion, showing a series of repair works to repair hair perm and age damage, making hair spontaneously core and shine, and rejuvenating its original beauty.

  Being in a modern city has a keen sense of fashion, which makes the beauty of hair more possible. Hair color changes frequently, and the radian of hair changes freely, but the hair is overwhelmed: the hair protein is gradually lost with the erosion of high temperature and chemical reagents, the hair surface scale is damaged, the hair core is exposed, and the keratin supporting the internal structure of hair is completely destroyed; The increasingly severe environmental pollution and the inevitable time damage make the hair far away from the original vitality.

  Fulu Deya Plant Research Center explores and refines rare active ingredients of plants, and combines precious plant protein, wild soybean extract and linseed oil in a brand-new repair series: from the hair surface to the hair core, injecting luxurious nutrients, enhancing the internal cohesion of keratin, rebuilding the hair structure, comprehensively reshaping and regenerating the core support of hair, and luxuriously nourishing the hair layer by layer to restore the initial elasticity and luster of hair and regain its vitality. Luxurious milky texture, perfect for hair; The high-definition fragrance, which combines fruit fragrance, floral fragrance and oriental sentiment, brings unique pleasure.

  Plant Keratin: Unique Toughening Effect

  Keratin is the real skeleton of hair, and it is an indispensable strong cornerstone for hair health. Its permeability can bring elasticity, strength and lasting health effects to hair. Fulu Deya R&D Center simulates keratin composition and combines soybean protein essence with wheat single cell protein to extract keratin-like substances, that is, the life essence of hair.

  Wild soybean extract: comprehensively strengthen hair structure

  As a kind of soybean lipoprotein extract, wild soybean extract is rich in sterols, ceramides and free fatty acids, thus forming an adhesive, stabilizing the cohesion between cells, effectively inhibiting the loss of water and nutrients, and making hair stronger.

  Linseed oil: enhanced protection

  Linseed oil, a Millennium miracle plant, is rich in unsaturated fatty acids and omega-3, which has the ultimate nourishing effect, and at the same time reshapes the hydrated lipid membrane to protect hair and restore its original protective function. Linseed oil is also rich in long-chain fatty acids, which can protect hair and scales from external damage.

  Gaoding fragrance

  The perfumer carefully creates a luxurious and high-definition classic French fragrance with attractive fruit fragrance, floral fragrance and oriental fragrance.

  Just like a trip to the Garden of Eden, the long and rich charming fragrance lingers among the hair, releasing the unique original beauty of the hair.

  Fulude Yazhizhen Repair Shampoo (retail price: RMB 218, product specification: 200 ml)

  Rich in precious plant keratin, wild soybean extract and linseed oil, the formula is luxurious, creamy and pearly. Repair and nourish damaged and easily broken hair, reshape hair texture from hair roots, make hair easy to comb, restore health, vitality, silky smoothness and shiny luster, and restore scalp comfort and elasticity. Mild sulfate-free and silicon-free formulas are also suitable for straightening and dyeing hair.

  Applicable people: damaged hair

  How to use:

  Apply it to wet scalp and hair, and gently massage until it bubbles. Leave it for 1 to 3 minutes and then wash it.

  Can be used frequently.

  Fu Lu de ya zhi Zhen repair hair mask (retail price: RMB 198, product specification: 100 ml)

  Rich in precious plant keratin, wild soybean extract, flax wild soybean extract and linseed oil, it can penetrate into hair core, smooth hair scales and nourish hair; And enhance the internal cohesion of keratin, rebuild the hair structure, and make the hair strong and beautiful again. Smooth texture, perfect fit for hair. From the hair surface to the hair core, it is completely reshaped and regenerated, so that the hair can restore its supple luster and elastic texture. The products are a mixture of fruity, floral and oriental flavors, bringing you pleasant sensory enjoyment.

  Applicable people: damaged hair

  How to use:

  After shampooing, dry your hair, apply a proper amount of product to your hair piece by piece, leave it for 5 minutes after combing, and then wash it.

  It is recommended to use it once or twice a week.

  Tips: It is recommended to smooth the hair from top to bottom with scissors hands on the hair 10cm away from the hair root to help close the hair scales.

  Fu Lu de ya zhi Zhen repair rinse-free conditioner (retail price: RMB 288, product specification: 100 ml)

  Rich in sesame oil with powerful nourishing and repairing effects, it can repair hair tips from the inside out, smooth rough split ends, rebuild damaged hair, and make hair infinitely supple, shiny and elastic. No-wash formula, light texture, no silicone oil, can be used at any time to keep hair healthy and moist at all times. As a daily care, you can regain the natural beauty of your hair day after day. Used before styling, it can improve the luster of hair tips and provide lasting protection for bifurcated hair tips.

  Applicable people: damaged hair

  How to use:

  Press out the hazelnut-sized cream, evenly spread it on the middle of the washed and dried hair to the tip of the hair, and then comb it.

  It can be used before modeling without washing.

  Tips: When applying to dry hair, please reduce the dosage to avoid heavy feeling.

Policy Interpretation of "Shenzhen Clinic Setting Standard"

  According to the Medical Regulations of Shenzhen Special Economic Zone (hereinafter referred to as the Medical Regulations) and other relevant regulations, our commission issued the Standards for the Establishment of Clinics in Shenzhen (for Trial Implementation) in 2017. After more than three years of implementation, combined with the actual situation of our city, our commission further revised the standards and formed the Standards for the Establishment of Clinics in Shenzhen (hereinafter referred to as the Standards) to adapt to the introduction and adjustment of relevant laws and regulations in China and Guangdong Province. The relevant situation is now explained as follows:

  I. The necessity of revising the Standards

  (a) to meet the requirements of the new regulations formulated by the state and relevant departments of the Guangdong Provincial Government.

  The Medical Regulations, which came into effect in 2017, modified the relevant provisions of the Regulations on the Administration of Medical Institutions and the Detailed Rules for the Implementation of the Regulations on the Administration of Medical Institutions on the registration and licensing conditions of medical institutions. Therefore, our Committee formulated the Standards for the Establishment of Clinics in Shenzhen (Trial) accordingly. The standard has been implemented for more than three years, and it has become an important operational guideline and a practical supplement to laws and regulations for Shenzhen health administrative department to implement the daily examination and approval of clinic practice license.

  The standard is also basically in line with the Notice on Printing and Distributing the Pilot Opinions on Promoting the Development of Clinics issued by the National Health and Wellness Commission, the National Development and Reform Commission, the Ministry of Finance, the Ministry of Human Resources and Social Security, and the State Medical Insurance Bureau (Guo Wei Yi Fa [2019] No.39), and the Interim Measures for the Record Management of Chinese Medicine Clinics issued by the National Health and Wellness Commission (Order No.14 of the Director of the State Health Planning Commission). Guangdong Provincial Health and Wellness Commission, Guangdong Provincial Development and Reform Commission, Guangdong Provincial Department of Finance, guangdong provincial department of human resources and social security, Guangdong Provincial Medical Security Bureau, Guangdong Provincial Bureau of Traditional Chinese Medicine and other six departments issued the "Implementation Plan for Promoting the Development of Clinics in Guangdong Province" (Yue Wei Yi Han [2019] No.24), The requirements of new regulations such as the Notice on Optimizing the Cross-departmental Examination and Approval of Social-run Medical Institutions issued by Guangdong Development and Reform Commission, Civil Affairs Department, Natural Resources Department, Department of Ecology and Environment, Department of Housing and Urban-Rural Development, Health and Wellness Commission, Market Supervision Administration and Bureau of Traditional Chinese Medicine (Guangdong Development and Reform Society Letter [2019] No.2042). Therefore, after the expiration of the "Standard", it is necessary to further revise it to better guide the staff and applicants of the health administrative department and meet the actual work needs.

  (2) The need to implement the Opinions of the Central Committee of the Communist Party of China and the State Council on Supporting Shenzhen to Build a Pilot Demonstration Zone in Socialism with Chinese characteristics.

  In order to implement "accelerating the construction of a world-class integrated quality medical service system and

  Promote innovative health insurance system oriented by health. Expand the supply of high-quality medical and health resources

  Give, encourage social forces to develop high-level medical institutions, and send them to Hong Kong-funded and Australian-funded medical institutions

  Exhibition provides convenience. According to the exploration, establish the training of medical talents and hospital evaluation in line with international standards.

  Review the certification standard system, relax the restrictions on overseas doctors practicing in the mainland, and try internationally first.

  Frontier medical technology "requirements, in order to better regulate social forces to hold high-quality medical machines.

  Structure, it is necessary to revise the "standard", the health administrative departments to build medical service supervision.

  One of the requirements for setting up a clinic is to manage the platform, build an information system for medical institutions and upload information on diagnosis and treatment services. 

  Second, the revision process

  Our Commission organized professionals to revise the Standard, and in March 2020, we sought the opinions of relevant government departments, district health administrative departments, medical institutions and other units in writing, and publicly solicited opinions and suggestions from all walks of life through our Commission official website. In May, after collecting and summarizing the opinions and suggestions of relevant units and people in society, relevant professionals were organized to seriously study and discuss, and after repeated argumentation and investigation, the Standard was further revised and improved, forming a draft.

  Third, the main contents of the revision

  (1) increase the requirements for health technicians in clinics to master first aid skills.

  In view of the fact that the Standard stipulates that clinics can offer no more than four diagnosis and treatment subjects, in order to ensure that the relevant diagnosis and treatment subjects are actually carried out according to law, and to ensure medical quality and medical safety, the Standard stipulates that clinics must be equipped with medical practitioners with relevant qualifications who take the clinic as the main practice institution, and should be equipped with a corresponding number of health technicians as required. All medical and health personnel should be proficient in cardiopulmonary resuscitation first aid skills.

  (two) to increase the requirements of information system construction and access to the supervision platform.

  The Standard stipulates that clinics should build information systems and access the medical service supervision platform as required. The purpose is to further promote the development of "internet+medical care" and innovate the supervision mode in our city, and give full play to the exemplary role of Shenzhen.The second isFurther strengthen the need for post-event supervision in the medical market, severely investigate and punish illegal acts according to law, strengthen the awareness of medical institutions to practice according to law, ensure medical quality and safety, and safeguard medical order and people’s health rights and interests.The third isRealize real-time information sharing system with relevant government departments, and establish work linkage mechanism and joint punishment mechanism.

  (3) Delete the requirement that there should be at least one registered nurse in the clinic.

  The "Standard" deletes the provision of "at least one registered nurse" in the original "personnel". Since the implementation of the Standard for more than three years, the health administrative departments in various districts and some clinic organizers have reported that the clinics are generally small in scale and area, and the requirement that all clinics are equipped with registered nurses is too harsh, and considering that some clinics do not need to be equipped with nurses in actual work to meet the daily medical needs of the people, the general requirement is deleted, and some necessary professions are reserved to provide the number of registered nurses to meet the daily medical service needs.

  Please review the Standards and the above descriptions.

Nanhu Revolutionary Memorial Hall: A New Red Coordinate

  Nanhu Lake in Jiaxing, Zhejiang, is full of tourists every day.

  On the island in the middle of the lake, a red boat lies still on the water, restoring the historical scene of the Communist Party of China (CPC)’s birth. Not far away, it is the magnificent new South Lake Revolutionary Memorial Hall.

  Here, watching an exhibition, listening to a party class, learning about party constitution, watching a feature film, paying tribute to a red boat and revisiting the pledge of joining the Party can make the spirit inherit and the thoughts sublimate.

  South Lake in Jiaxing is the birthplace of the Communist Party of China (CPC).

  In order to effectively protect and manage the site of South Lake, the Nanhu Revolutionary Memorial Hall in Jiaxing was established in 1959. After more than 50 years of construction and development, Nanhu Revolutionary Memorial Hall has become a patriotic and party history education base with high popularity and influence in China, receiving more than 1 million visitors every year.

  Nanhu Revolutionary Memorial Hall records the revolutionary history and inherits the "Red Boat Spirit". However, the old memorial hall is limited by space, which affects the visiting effect.

  In February 2005, the staff reported to the supreme leader comrade who made a special trip to Jiaxing Nanhu to pay tribute to the red boat, and he was planning to expand the memorial hall or open a new site. Comrade Supreme Leader expressed his support on the spot.

  According to the "2004— Outline of the National Red Tourism Development Plan in 2010, and in 2005, the expansion plan of the new Nanhu Revolutionary Memorial Hall was formulated.

  In October of the same year, the expansion plan was approved by the General Office of the Central Committee of the CPC and Publicity Department of the Communist Party of China, and the National Development and Reform Commission formally established the project, which was included in the investment plan of funds (government bonds) in the national budget for infrastructure projects of red tourist attractions that year.

  On June 28th, 2006, on the occasion of the 85th anniversary of the founding of the Party, with the care and support of the Supreme Leader, the new Nanhu Revolutionary Memorial Hall broke ground. On March 5, 2007, the expansion project of the new museum officially started construction. By the end of 2008, the main project of the new building was basically completed. On June 30th, 2011, on the occasion of the 90th anniversary of the founding of the Party, the new Nanhu Revolutionary Memorial Hall, which took five years to build, was officially opened to the public.

  The new Nanhu Revolutionary Memorial Hall, which is located on the bank of the scenic South Lake, is located in the central plot south of Nanxi Road, north of Yuanhu Road, east of Huayuan Road and west of Haiyan Tang Road parking lot in Jiaxing City. It covers an area of 2.73 hectares and consists of three buildings: one main building and two auxiliary buildings.

  The new building has a total construction area of 19,633 square meters, including an exhibition hall area of 7,794 square meters. The main building of the new building has one basement and three floors above ground, with a construction area of 10,435 square meters, including an exhibition hall area of 5,167 square meters. The East and West Annex Buildings are two-story buildings with a building area of 9,198 square meters, with an auxiliary exhibition hall, an academic lecture hall and a service area, of which the exhibition hall covers an area of 2,627 square meters.

  The new building with solemn architectural style has an "I" shape, which represents that the Communist Party of China (CPC) is a political party of the working class. There are 56 eaves columns around the building, which means that 56 ethnic groups of the Chinese family are closely United around the party. The exterior wall of the building adopts large-scale blue brick, which makes the whole building not only reflect the solemn and atmospheric style, but also show the charm of Jiangnan water town. To the south of the new building is July 1st Square, and to the north is the oath platform.

  First-class architecture, first-class content, first-class exhibition.

  After the new museum was completed and opened, it not only became the new coordinate of Jiaxing’s urban construction with its solemn and atmospheric architectural style, but also was highly praised and fully affirmed by all walks of life and the vast audience because of its informative and vivid exhibition content and brand-new exhibition form.

  The memorial hall, which has no closing day for 365 days a year, welcomes thousands of people from all over party member every day. There was a long queue at the entrance of the memorial hall, and many people wore party emblem on their chests.

  Lu Huiwen from Shanghai is an old party member who has been a party member for 47 years. A group of 30 of them revisited the oath of joining the party in front of the oath wall of the memorial hall. He said that every time he came to Jiaxing, he would visit the Nanhu Revolutionary Memorial Hall or pay tribute to the Red Boat. This was the fifth time.

  "Although I have retired, I always remember that I am a Communist party member, and I will try my best to perform my duties as a party member every day of my life." Lu Huiwen, whose temples are white, still said with passion.

  Time flies in 1996, and the vicissitudes of 1996 have changed dramatically. From 1921 to 2017, from 58 party member to more than 80 million party member, the Communist Party of China (CPC) led the ship of China’s revolution, construction and reform all the way, braving the wind and waves and courageously moving forward.

  "After the completion of the new building, it has been widely praised by the outside world. It is believed that the architectural style and scale of the new building have well interpreted the important historical position of Nanhu as the birthplace of the party." Zhang Xianyi, director of the Nanhu Revolutionary Memorial Hall, said, "The memorial hall is like a heavy book on the history of the Communist Party of China (CPC)’s party, which left a deep impression on everyone."

  During the National Day holiday this year, the Nanhu Revolutionary Memorial Hall received 50,000 visitors. "Since the opening of the new museum, the annual reception volume has been around 1 million." Li Yun, deputy director of the Nanhu Revolutionary Memorial Hall, said that the memorial hall has given full play to the role of base education, and has successively formed co-construction relations with more than 40 schools and units, regularly or irregularly carried out co-construction activities, held various lectures, developed and expanded the volunteer team, and actively cooperated with the holding of adult ceremonies, party swearing-in ceremonies and various theme activities, with increasing social influence.

  (Jiaxing, Zhejiang, November 2 nd, our reporter Yan Hongfeng, our correspondent Pan Xingmei)

Measures for the administration of commercial housing sales

Order of People’s Republic of China (PRC) Ministry of Construction

No.88

  The "Measures" for the management of commercial housing sales have been deliberated and adopted at the 38th executive meeting of the Ministry of Construction on March 14th, 2001, and are hereby promulgated and shall come into force as of June 1st, 2001.

Minister Yu Zhengsheng

April 4, 2001

Measures for the administration of commercial housing sales

 Chapter I General Provisions

  Article 1 These Measures are formulated in accordance with the Law of People’s Republic of China (PRC) Municipality on the Administration of Urban Real Estate and the Regulations on the Administration of Urban Real Estate Development and Operation in order to regulate the sales of commercial housing and protect the legitimate rights and interests of both parties to commercial housing transactions.

  Second commercial housing sales and commercial housing sales management shall abide by these measures.

  Article 3 The sale of commercial housing includes the spot sale of commercial housing and the pre-sale of commercial housing.

  The term "spot sale of commercial housing" as mentioned in these Measures refers to the act that a real estate development enterprise sells the commercial housing that has passed the completion acceptance to the buyer, and the buyer pays the house price.

  The term "pre-sale of commercial housing" as mentioned in these Measures refers to the act of real estate development enterprises selling the commercial housing under construction to the buyer in advance, and the buyer pays the deposit or house price.

  Article 4 Real estate development enterprises may sell commercial houses by themselves or entrust real estate intermediary service agencies to sell commercial houses.

  Fifth the State Council construction administrative departments responsible for the national commercial housing sales management.

  The construction administrative departments of the people’s governments of provinces and autonomous regions shall be responsible for the sales management of commercial housing within their respective administrative areas.

  The construction administrative departments and real estate administrative departments of the people’s governments of municipalities directly under the central government, cities and counties (hereinafter referred to as the real estate development administrative departments) shall be responsible for the sales management of commercial housing within their respective administrative areas according to the division of responsibilities.

Chapter II Conditions of Sale

  Article 6 The pre-sale permit system shall be implemented for the pre-sale of commercial housing.

  The pre-sale conditions of commercial housing and the procedures for the pre-sale permit certificate of commercial housing shall be implemented in accordance with the relevant provisions of the Regulations on the Administration of Urban Real Estate Development and Operation and the Measures for the Administration of Urban Commercial Housing Pre-sale.

  Article 7 The sale of commercial housing shall meet the following conditions:

  (a) the real estate development enterprise that sells commercial housing now shall have the business license of enterprise legal person and the qualification certificate of real estate development enterprise.

  (two) to obtain the certificate of land use right or the approval document of land use;

  (three) holding a construction project planning permit and a construction permit.

  (4) It has passed the completion acceptance;

  (five) the demolition and resettlement has been implemented.

  (six) water supply, power supply, heating, gas, communications and other supporting infrastructure have the conditions for delivery, other supporting infrastructure and public facilities have the conditions for delivery or have determined the construction progress and delivery date;

  (seven) the property management plan has been implemented.

  Article 8 A real estate development enterprise shall submit the real estate development project manual and relevant supporting documents that meet the conditions for the sale of commercial housing to the real estate development department for the record before the sale of commercial housing.

  Article 9 When a real estate development enterprise sells a commercial house with mortgage, the mortgage shall be handled in accordance with the relevant provisions of the Guarantee Law of People’s Republic of China (PRC) and the Measures for the Administration of Urban Real Estate Mortgage.

  Article 10 A real estate development enterprise shall not resell the commercial house as the subject matter of the contract to others before the commercial house sales contract is terminated.

  Article 11 Real estate development enterprises shall not sell commercial houses by means of return to cost or return to cost in disguised form.

  Real estate development enterprises shall not sell unfinished commercial houses by after-sales charter or disguised after-sales charter.

  Twelfth commercial housing sales by the set, shall not be divided into zero sales.

  Thirteenth commercial housing sales, real estate development enterprises hired a property management company, the buyer shall conclude a property management agreement with the property management company hired by the real estate development enterprises when concluding a contract for the sale of commercial housing.

Chapter III Advertising and Contracts

  Fourteenth real estate development enterprises, real estate intermediary service agencies to publish commercial housing sales advertising, should implement the "People’s Republic of China (PRC) Advertising Law", "Interim Provisions on Real Estate Advertising" and other relevant provisions, the advertising content must be true, legal, scientific and accurate.

  Fifteenth real estate development enterprises, real estate intermediary service agencies issued commercial housing sales advertisements and promotional materials clearly stated, the parties should be agreed in the commercial housing sales contract.

  Sixteenth commercial housing sales, real estate development enterprises and buyers should conclude a written contract for the sale of commercial housing.

  Commercial housing sales contracts shall specify the following main contents:

  (1) the name or the name and domicile of the party concerned

  (2) Basic conditions of commercial housing;

  (3) Sales methods of commercial housing

  (four) the way to determine the price of commercial housing and the total price, payment method and payment time;

  (5) Conditions and date of delivery.

  (six) decoration, equipment standards commitment;

  (seven) water supply, power supply, heating, gas, communications, roads, greening and other supporting infrastructure and public facilities delivery commitments and related rights and responsibilities.

  (eight) the ownership of public supporting buildings;

  (nine) the way to deal with the area difference

  (10) Handling matters related to the registration of property rights;

  (eleven) the method of dispute resolution

  (12) Liability for breach of contract;

  (13) Other matters agreed by both parties.

  Article 17 The sales price of commercial housing shall be determined by the parties through consultation, unless otherwise stipulated by the state.

  Eighteenth commercial housing sales can be priced according to the suite (unit), can also be priced according to the interior construction area or construction area.

  The construction area of commercial housing consists of interior construction area and shared common construction area. The interior construction area is an independent property right, while the shared common construction area is a common property right. The buyer shall enjoy the rights and bear the responsibilities according to the provisions of laws and regulations.

  If it is priced according to the suite (unit) or the interior construction area, the commercial housing sales contract shall indicate the construction area and the shared construction area.

  Nineteenth according to the set (unit) valuation of the house for sale, the parties can directly agree on the total price in the contract after field investigation of the house for sale.

  For the pre-sale houses priced by units, the real estate development enterprise shall attach the floor plan of the houses sold in the contract. The plan shall indicate the detailed dimensions and stipulate the error range. When the house is delivered, the apartment type is consistent with the design drawings, and the relevant dimensions are also within the agreed error range, so as to maintain the total price unchanged; If the apartment type is inconsistent with the design drawings or the relevant dimensions are beyond the agreed error range, and the treatment method is not agreed in the contract, the buyer may return the house or re-agree the total price with the real estate development enterprise. If the buyer cancels the house purchase, the real estate development enterprise shall bear the liability for breach of contract.

  Twentieth according to the interior construction area or construction area, the parties shall specify in the contract the way to deal with the error between the area agreed in the contract and the registered area of property rights.

  If there is no agreement in the contract, it shall be handled according to the following principles:

  (1) If the absolute value of the area error ratio is within 3% (including 3%), the house price shall be settled according to the facts.

  (2) When the absolute value of the area error ratio exceeds 3%, the buyer has the right to return the house. If the Buyer cancels the house purchase, the real estate development enterprise shall return the paid house price to the Buyer within 30 days upon the Buyer’s cancellation of the house purchase, and pay the interest on the paid house price at the same time. If the Buyer refuses to return the house, and the registered area of the property right is larger than the area agreed in the contract, the house price with the area error ratio within 3% (including 3%) shall be made up by the Buyer; The house price exceeding 3% shall be borne by the real estate development enterprise, and the property right shall belong to the buyer. When the registered area of property rights is less than the area agreed in the contract, the house price of the part with the absolute value of the area error ratio within 3% (including 3%) shall be returned to the buyer by the real estate development enterprise; The house price exceeding 3% in absolute value shall be returned to the buyer by the real estate development enterprise twice.

                               Property registration area-the area agreed in the contract

  Area error ratio =—————× 100%

                                          Contracted area

  If the area difference is caused by the planning and design changes specified in Article 24 of these Measures, if the parties do not terminate the contract, they shall sign a supplementary agreement.

  Article 21 If the valuation is based on the construction area, the parties shall stipulate in the contract the interior construction area and the shared total construction area, and stipulate the handling methods when the interior construction area is not changed and there are errors between the construction area and the interior construction area.

  Twenty-second do not meet the conditions for the sale of commercial housing, real estate development enterprises shall not sell commercial housing, and shall not charge the buyer any fees in the nature of advance payment.

  If it meets the conditions for the sale of commercial housing, if the real estate development enterprise charges the buyer a fee in the nature of the advance payment before concluding the contract for the sale of commercial housing, the fee charged shall be used as the house price when concluding the contract for the sale of commercial housing; If the parties fail to conclude a contract for the sale of commercial housing, the real estate development enterprise shall return the fees charged to the buyer; Unless otherwise agreed between the parties, such agreement shall prevail.

  Twenty-third real estate development enterprises should express the Measures for the Administration of Commercial Housing Sales and the Model Text of Commercial Housing Sales Contract to the buyer before concluding the commercial housing sales contract; Pre-sale of commercial housing, but also must express the "urban commercial housing pre-sale management measures."

  Twenty-fourth real estate development enterprises shall, in accordance with the approved planning, design and construction of commercial housing. After the sale of commercial housing, real estate development enterprises shall not change the planning and design without authorization.

  If the planning changes approved by the planning department and the design changes agreed by the design unit lead to changes in the structural type, apartment type, spatial size and orientation of the commercial housing, and other circumstances that affect the quality or use function of the commercial housing as agreed by the parties to the contract occur, the real estate development enterprise shall notify the buyer in writing within 10 days from the date of establishment of the changes.

  The buyer has the right to make a written reply on whether to return the house within 15 days after the arrival of the notice. If the buyer fails to give a written reply within 15 days after the arrival of the notice, it shall be deemed as accepting the change of planning and design and the resulting change of house price. If the real estate development enterprise fails to notify the buyer within the specified time limit, the buyer has the right to return the house; If the buyer cancels the house purchase, the real estate development enterprise shall bear the liability for breach of contract.

Chapter IV Sales Agency

  Article 25 If a real estate development enterprise entrusts an intermediary service agency to sell commercial housing, the entrusted agency shall be a real estate intermediary service agency established according to law and obtained a business license.

  A real estate development enterprise shall conclude a written entrustment contract with the entrusted real estate intermediary service institution, and the entrustment contract shall specify the entrustment period, the entrustment authority and the rights and obligations of the client and the principal.

  Twenty-sixth commissioned real estate intermediary service agencies to sell commercial housing, should show the relevant documents of commercial housing and commercial housing sales power of attorney to the buyer.

  Twenty-seventh commissioned real estate intermediary service agencies to sell commercial housing, it should truthfully introduce the relevant information about the sale of commercial housing to the buyer.

  The entrusted real estate intermediary service agency shall not sell commercial housing that does not meet the sales conditions.

  Twenty-eighth commissioned real estate intermediary service agencies shall not charge any fees other than commission when selling commercial houses as agents.

  Twenty-ninth commercial housing sales personnel should receive professional training before engaging in commercial housing sales business.

Chapter V Delivery

  Thirtieth real estate development enterprises shall, in accordance with the contract, deliver the commercial houses that meet the delivery conditions to the buyers on schedule. Failing to deliver on schedule, the real estate development enterprise shall bear the liability for breach of contract.

  If the delivery needs to be postponed due to force majeure or other reasons agreed by the parties in the contract, the real estate development enterprise shall promptly inform the buyer.

  Article 31 If a real estate development enterprise sets up a model house when selling commercial housing, it shall explain whether the quality, equipment and decoration of the actually delivered commercial housing are consistent with the model house. If no explanation is made, the actually delivered commercial housing shall be consistent with the model house.

  Article 32 When selling commercial housing, the real estate development enterprise shall provide the Buyer with the Housing Quality Guarantee and the Housing User Manual in accordance with the Provisions on Implementing the System of Quality Guarantee and Housing User Manual for Commercial Housing (hereinafter referred to as the Provisions).

  Thirty-third real estate development enterprises shall bear the quality warranty responsibility for the commercial housing sold. The parties shall stipulate the warranty scope, warranty period, warranty responsibility and other contents in the contract. The warranty period is calculated from the date of delivery.

  The warranty period of commercial housing shall not be less than the duration of the warranty period stipulated in the quality warranty issued by the construction project contractor to the construction unit; If the duration is less than the minimum warranty period specified in the Regulations, the warranty period shall not be less than the minimum warranty period specified in the Regulations.

  The warranty period of non-residential commercial housing shall not be less than the duration of the warranty period stipulated in the quality warranty issued by the construction project contractor to the construction unit.

  In case of quality problems within the warranty period, the real estate development enterprise shall fulfill the warranty obligations and be liable for the losses caused. Real estate development enterprises shall not be responsible for the damage caused by force majeure or improper use.

  Thirty-fourth real estate development enterprises shall entrust units with real estate surveying and mapping qualifications to carry out surveying and mapping according to the project before the delivery of commercial housing, and the surveying and mapping results shall be reported to the real estate administrative department for examination and approval before being used for housing ownership registration.

  The real estate development enterprise shall, within 60 days from the date of delivery of the commercial housing, submit the information required for the registration of housing ownership to the real estate administrative department where the house is located.

  Real estate development enterprises shall assist the buyers of commercial houses to handle the procedures of land use right change and house ownership registration.

  Article 35 After the commercial house is delivered for use, if the buyer thinks that the quality of the main structure is unqualified, he may entrust an engineering quality inspection agency to re-check it in accordance with relevant regulations. After verification, if the quality of the main structure is really unqualified, the buyer has the right to return the house; If losses are caused to the buyer, the real estate development enterprise shall be liable for compensation according to law.

Chapter VI Legal Liability

  Article 36 Whoever sells commercial houses without obtaining a business license shall be punished by the administrative department for industry and commerce of the people’s government at or above the county level in accordance with the regulations on the management of urban real estate development and operation.

  Thirty-seventh without obtaining the qualification certificate of real estate development enterprises, unauthorized sale of commercial housing, shall be ordered to stop sales activities, a fine of 50 thousand yuan to 100 thousand yuan.

  Thirty-eighth in violation of laws and regulations, unauthorized pre-sale of commercial housing, shall be ordered to stop the illegal act, confiscate the illegal income; Those who receive advance payment may be fined less than 1% of the advance payment already received.

  Thirty-ninth before the termination of the commercial housing sales contract, the commercial housing as the subject matter of the contract is sold to others, and a warning is given, and it is ordered to make corrections within a time limit, and a fine of 20,000 yuan to 30,000 yuan is imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.

  Fortieth real estate development enterprises that fail to organize the final acceptance, fail to pass the acceptance, or deliver the unqualified commercial houses without authorization, shall be punished in accordance with the Regulations on Quality Management of Construction Projects.

  Article 41 If a real estate development enterprise fails to submit the surveying and mapping results or the materials needed to handle the registration of house ownership provided by it to the real estate administrative department, it shall be given a warning, ordered to make corrections within a time limit, and may be fined between 20,000 yuan and 30,000 yuan.

  Forty-second real estate development enterprises in the sale of commercial housing in one of the following acts, shall be given a warning, ordered to make corrections within a time limit, and may be fined 10 thousand yuan to 30 thousand yuan.

  (a) failing to sell the commercial housing in accordance with the prescribed conditions for sale;

  (2) failing to submit the real estate development project manual and relevant supporting documents that meet the conditions for the sale of commercial housing to the real estate development department for the record before the sale of commercial housing in accordance with the regulations.

  (three) return to the original sales or disguised return to the original sales of commercial housing;

  (four) to take after-sales charter or disguised after-sales charter to sell unfinished commercial housing.

  (five) split the sale of commercial housing;

  (six) do not meet the conditions for the sale of commercial housing, and charge the buyer a fee of the nature of the advance payment.

  (7) Failing to express the Measures for the Administration of Commercial Housing Sales, the Model Text of Commercial Housing Sales Contract and the Measures for the Administration of Urban Commercial Housing Pre-sale to the buyer in accordance with regulations;

  (8) Entrusting unqualified institutions to sell commercial houses as agents.

  Forty-third real estate intermediary service agencies selling commercial housing that do not meet the sales conditions shall be given a warning and ordered to stop selling, and may be fined between 20,000 yuan and 30,000 yuan.

  Article 44 State functionaries who neglect their duties, abuse their powers or engage in malpractices for selfish ends in the management of commercial housing sales shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

  Article 45 The term "return-to-capital sales" as mentioned in these Measures refers to the behavior of real estate development enterprises to sell commercial houses by regularly returning the purchase price to the buyers.

  The term "after-sale charter" as mentioned in these Measures refers to the behavior of real estate development enterprises to sell commercial housing by renting or renting the commercial housing purchased by the buyer for a certain period of time.

  The term "split sales" as mentioned in these Measures refers to the behavior of real estate development enterprises to sell commercial houses by dividing complete sets of commercial houses into several parts and selling them to buyers respectively.

  The term "property registration area" as mentioned in these Measures refers to the housing area confirmed by the real estate administrative department.

  Article 46 The construction administrative departments of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate detailed implementation rules according to these Measures.

  Forty-seventh approach by the the State Council municipal construction administrative departments responsible for the interpretation of.

  Article 48 These Measures shall come into force as of June 1, 2001.