分类： bb

　　● The essential difference between health care products and medicines lies in whether they are aimed at treating diseases. According to Article 100 of the Drug Administration Law, drugs refer to substances that are used to prevent, treat and diagnose human diseases, purposefully regulate human physiological functions and specify indications or functional indications, usage and dosage, including Chinese herbal medicines, Chinese herbal pieces, Chinese patent medicines, chemical raw materials and their preparations, antibiotics, biochemical drugs, radioactive drugs, serum, vaccines, blood products and diagnostic drugs.

　　● If the supervision and law enforcement are weak, it will make it more difficult for consumers to protect their rights. If some incidents are not openly fermented, the power of individual consumers is very weak. If the amount involved is not very large, victims often give up their rights protection.

　　● Health care products are not omnipotent, but "three drugs are toxic". Health care products of traditional Chinese medicine mainly improve human functions by correcting deviations. Therefore, under the condition of physical and mental health, taking health care products by mistake is likely to have the opposite effect.　

　　□ Our reporter Du Xiao

　　□ Our intern Ye Ziyue

　　After the public exposure of the "Quanjian Incident" which attracted much attention, state administration of traditional chinese medicine held a meeting to conduct a special study on rectifying the chaos of health care services under the banner of traditional Chinese medicine and ensuring people’s health.

　　The meeting requested that the competent departments of traditional Chinese medicine at all levels should carry out comprehensive investigation and sorting out the issues of publishing medical advertisements, training, health care services and products of traditional Chinese medicine, and deal with the illegal acts found strictly and promptly with relevant departments, and never allow any institution or personnel to commit illegal acts in the name of traditional Chinese medicine, which will endanger people’s lives and damage the image of traditional Chinese medicine.

　　In recent years, there are many health care services and products under the banner of traditional Chinese medicine, and there are also many problems. The "Legal Daily" reporter interviewed this.　　　　　

　　Diversification of health care products marketing

　　Exaggerated propaganda is difficult to distinguish between true and false.

　　In addition to public promotion in the media, the marketing behavior of health care products under the banner of traditional Chinese medicine is also common in people’s daily life.

　　Luo Baocheng (a pseudonym), a student at Beihang University, was influenced by the marketing and promotion of health care products under the name of traditional Chinese medicine.

　　Judging from the group chat records of family relatives on WeChat that Luo Baocheng showed to reporters, some people posted advertising articles about a fruit juice product on WeChat.

　　According to Luo Baocheng, one of his relatives first came into contact with this product, claiming that this product was developed based on the theory of traditional Chinese medicine, "as small as corns and as big as cancer, it can be cured". Several relatives of Luo Baocheng bought related products and sold them to more relatives and friends.

　　After contact with such products, some relatives threatened that "western medicine is deceptive, and many patients delayed treatment and even lost their lives because they trusted western medicine".

　　Luo Baocheng is very helpless, "the so-called ‘ Powder to the extreme is black ’ Such extreme remarks will affect the reputation of Chinese medicine. "

　　He showed the reporter a bottle of the above-mentioned fruit juice products given by relatives for free. The reporter saw that the product was packaged in a can, which was small in size. The bottle was green on a black background with pictures of fruits printed on it.

　　After the reporter opened the lid and tried it, he found that the liquid was sour, and it would return to a medicinal taste similar to Huoxiang Zhengqi Liquid after entering the throat.

　　"I wanted to drink this thing as a drink, but I didn’t expect it to be so sour. However, the relatives who have drunk have not had any adverse reactions for the time being, probably because they have done nothing. However, it should not be true that the advertisement can cure so many diseases. " Luo Baocheng said.

　　After logging into the official website homepage of this product, the reporter found that this product is marked as "National Team Athletes’ Preparation Support Product", and there are also related news information.

　　Xin Chen (a pseudonym), a citizen of Nantong City, Jiangsu Province, also told reporters that some Wechat business people like to sell products under the banner of traditional Chinese medicine, which makes it difficult to distinguish between true and false.

　　"I have seen in the circle of friends ‘ Underwear for Principles of Traditional Chinese Medicine ’ , can regulate metabolism ‘ Traditional Chinese medicine pack for losing weight ’ Wait. " Xin Chen said.　　

　　There is no way to complain when you encounter problems.

　　Public psychology has been used repeatedly.

　　Before the "Quanjian incident", some health care services and products under the banner of traditional Chinese medicine exposed many problems.

　　In 2017, in response to the uproar of "Liu Hongbin, a wonderful doctor", state administration of traditional chinese medicine responded that "Liu Hongbin" in the false medical advertisement incident did not have the qualification of a Chinese medicine doctor, did not work in a Chinese medicine medical institution, nor was it the alleged "Miao doctor’s successor", and the "Chinese Medicine Association" mentioned in the advertisement did not exist in the relevant Chinese medicine social groups. Liu Hongbin’s actions violated the Advertising Law and the Notice of the State Administration of Press, Publication, Radio, Film and Television on Further Strengthening the Management of Medical and Health Programs and Medical Advertisements.

　　Similar to Liu Hongbin, there are Li Moumou and Wang Moumou.

　　According to relevant media reports, in different programs, Li Moumou not only holds the title of chairman of Chinese Medical Association and national expert of prescription, but also holds the titles of famous diabetes medical expert, famous traditional Chinese medicine doctor, founder of diabetes DCR therapy and member of Chinese medicine research committee. The "products" he promoted are also diverse, including gymnosperms, which are claimed to be dozens of times stronger than Cordyceps sinensis; There is a "DCR metabolic repair therapy" that can regulate diabetes without insulin and hypoglycemic drugs; There is a "natto cell regeneration therapy" that can treat cardiovascular and cerebrovascular diseases; There is even a "three-leaf tea" that can reduce your stomach. Wang Moumou is also a spokesperson for false medical advertisements on TV, claiming that he is an expert of the Chinese Medicine Association and the sixth generation descendant of the Chinese medicine family in many identities.

　　The reporter noted that there are many online complaints about this kind. For example, some netizens broke the news that a product called "transdermal patch of Chinese medicine in a certain pharmaceutical industry" claimed that it did not take injections or medicine, and it was specially applied to infants and young children.

　　The netizen said: "The cost of a child’s application is about 200 yuan every day. My child received this so-called green therapy after getting sick, from a cold to severe pneumonia, and finally went to the hospital for rescue."

　　Netizens also found that this drug has no record in the drug supervision department and belongs to three no health care products. After complaining, the reply was "A certain Chinese medicine transdermal patch has relevant national documents, which is legal".

　　"A cure for all diseases", "A successful case of someone being reborn as a Jedi at a certain time and place" and "You don’t need to go to the hospital to cure the disease at home" … … Why do these exaggerated statements always attract consumers?

　　Yang Kai (pseudonym), a major in applied psychology at Beijing Normal University, told reporters: "Most Chinese people are full of awe of Chinese medicine. Bad businesses often use this to attract audiences with the gimmicks of traditional Chinese medicine. Coupled with the professionalism of medicine, non-professionals do not understand medical treatment, so it is easy to go to the hospital in a hurry. "

　　Some public cases show that the false marketing behavior of health care products under the banner of traditional Chinese medicine is often aimed at middle-aged and elderly people. Yang Kai believes: "With the growth of age, the middle-aged and elderly people are increasingly worried about physical weakness. Bad businesses have seized the psychological weakness of middle-aged and elderly people and wantonly boasted about the miraculous effects of their products. "

　　"At the same time, some people’s greed for cheap also gives bad businesses an opportunity." Yang Kai believes that in addition to marketing under the guise of Chinese medicine, some businesses also promote it in a way similar to pyramid schemes, and at the first few presentations, they attract people by giving away daily necessities for free, and carry out the activity of "pulling people’s heads and doubling gifts", which will attract many people who are greedy for cheap.

　　Health care products are different in nature.

　　The key is to treat diseases.

　　According to Wang Yue, a professor at Peking University Health Law Research Center, the title of "health products" is problematic, and health food is its true attribute. In some developed countries, health food is called Functional Food, which means functional food.

　　"Some people mentioned that health care products should be banned, which is also wrong. Because health care products exist internationally, they are essentially different from medicines and can never replace medicines. " Wang Yue said.

　　Deng Yong, an associate professor of medical and health law in the Faculty of Law of Beijing University of Chinese Medicine, believes that the essential difference between health care products and drugs lies in whether they are aimed at treating diseases. According to Article 100 of the Drug Administration Law, drugs refer to substances that are used to prevent, treat and diagnose human diseases, purposefully regulate human physiological functions and specify indications or functional indications, usage and dosage, including Chinese herbal medicines, Chinese herbal pieces, Chinese patent medicines, chemical raw materials and their preparations, antibiotics, biochemical drugs, radioactive drugs, serum, vaccines, blood products and diagnostic drugs.

　　"Health products are a popular term for health food. According to article 3.1 of GB16740-97 General Standard for Health (Functional) Food, health (Functional) food is a kind of food, which has the commonness of general food, can regulate the function of human body, and is suitable for specific people to eat, but not for the purpose of treating diseases. Drugs should be regulated by laws such as the Drug Administration Law, and health products should be regulated by laws such as the Food Safety Law. " Deng Yong analyzed the reporter.

　　In Wang Yue’s view, at present, the boundary between health care products and drugs in China is blurred, which makes some promotion of health care products by mass media easy to mislead consumers. Consumers can analyze the formality of business advertisements from their word descriptions. Health care products are only a special kind of food. Once the words "alternative medicine" and "curative effect" appear in the propaganda caliber of health care products, it shows that this business is dishonest and suspected of false propaganda, and people should not consider consuming its products.

　　Deng Yong explained to reporters that real Chinese medicine health care products should have the following characteristics: First, in terms of actual effect, all kinds of raw materials and final products of Chinese medicine health care products must meet the requirements of food hygiene, and must not cause acute, subacute or chronic harm to human body. Secondly, in terms of form, the composition and dosage of real Chinese medicine health care products must have scientific basis and clear functional components. If the functional components cannot be clearly defined under the existing technical conditions, the names of the main raw materials related to health care functions should be determined. Finally, the functions and components of traditional Chinese medicine health care products should be consistent with the labels and instructions.

Zhang Juxiang work photo

Zhang Juxiang, president and secretary of the Party Committee of Jinqiu Hospital in Liaoning Province, has devoted herself to the medical care for the elderly in Liaoning for decades. With her words and deeds, she interprets the lofty ideological realm of an outstanding Communist party member and plays a song of angels in white’s dedication.

In the hospital, she always practices the principle of "how important her life is, how important the patient’s life is"; She is filial to all the children in the world and creates a "healthy and long-lived home" for elderly patients; At work, she has no holidays, comes early and leaves late, and spends more time with patients than with her family.

Zhang Juxiang, like a wonderful chrysanthemum, has spread its fragrance all over Jinqiu Hospital.

Intimate person of elderly patients

Every day at dawn, Zhang Juxiang first stepped into the door of the hospital, and he was always busy until sunset. There are no sundays and holidays in her work schedule, and she works in the medical front line 365 days a year.

Since the establishment of Jinqiu Hospital, she has taken the hospital as her home and treated patients as relatives. When the hospital was in serious danger, she directed the rescue on the spot for several days and nights. Since the hospital was established 20 years ago, she has successfully saved the lives of hundreds of elderly patients in serious danger.

Seeing that it is inconvenient for many old comrades to come to the hospital to see a doctor, Zhang Juxiang and the hospital leadership decided to buy a special bus, which leaves the hospital at 6: 30 every Monday, Wednesday and Friday and goes to the residential area near Shenyang Beiling, 5 kilometers away, for free consultation. Every time, she insists on picking it up in person. Zhang Juxiang said: "I am the dean. This is my job. I don’t do it!"

I have to get up after 5 o’clock every morning to pick up patients. Although I have worked hard, it is convenient for others. Many old comrades gave her thumbs up: "The hospital has done a great thing for the elderly!"

Zhang Juxiang (first from right) feeds the elderly to eat longevity noodles.

In Zhang Juxiang’s view, all kinds of measures to facilitate the elderly to seek medical treatment are necessary conditions for hospitals to serve the elderly and improve the quality of medical services. Over the years, she has carefully created the affinity, appeal and cohesion between hospitals and the elderly, and built a comfortable and warm "healthy home for the elderly" for the elderly. Every holiday, she will send delicious jiaozi to the old comrades in hospital, and send birthday cakes to the old comrades over 70 years old. Some old comrades who live in other places want to eat some special home-cooked food. Zhang Juxiang took the trouble to buy it from the farmer’s market and cook it at home, and brought it to the old comrades’ bed.

In the journey of life, the most grieving thing happened to Zhang Juxiang. My son who studied in Japan died unfortunately for some reason. In those days, Zhang Juxiang fought back his grief and went to work as usual, which didn’t affect his work for a day. Even under such circumstances, she did not forget to wish an old comrade his 80th birthday …

A leader in honest medical practice

Zhang Juxiang often said, "We are a hospital serving the elderly, and the most important thing is to implement the care of the party and the government for the elderly. It fully reflects the concern and care of the party and the government for these elderly people who have contributed to society. "

In hospital management, she focuses on the characteristics of the elderly, attaches importance to medical ethics education, respects and loves the elderly, and implements standardized, standardized and institutionalized "one-stop" medical services in the whole hospital. Check the service attitude to see if it is warm and thoughtful for the elderly patients; Check the integrity of practicing medicine to see if there is any use of work for personal gain; Check the medical style to see if there is any problem of major mistakes and hidden dangers of liability accidents due to irresponsible work; Check the working status and quality, and see how departments and individuals implement various rules and regulations …

Zhang Juxiang is a model of honest medical practice everywhere. Zhu Moumou, a successful person, was saved from death by the hospital. As a token of gratitude, she insisted on giving Zhang Juxiang 10,000 yuan, but she politely refused. A farmer patient from a remote and poor area was in financial difficulties. She personally arranged treatment for the patient and took the lead in donating money to solve his life difficulties. The farmer patient who had never met Zhang Juxiang was moved to tears.

Zhang Juxiang (third from left) and other medical teams deliver medicines to poor families.

Do your best to be a family member

There is an unwritten rule in Jinqiu Hospital that hospital leaders and office personnel are not reimbursed for travel subsidies for official business trips and meetings. This provision was made by Zhang Juxiang at the early stage of the establishment of the hospital.

As the head of the hospital preparation team at that time, she had to go out often, but she only reimbursed the ticket every time, not the subsidy. She told other hospital leaders: "We are now in the start-up period, so we can save some money and spend more on the development and construction of hospitals." Driven by her, other comrades have been doing the same when they go out, never complaining.

"The money you spend must be willing to spend!" This is Zhang Juxiang’s pet phrase. Every year, hospitals spend a lot of money on clinical research, send young medical staff to Beijing, Shanghai or abroad for further study, or send them to medical colleges for postgraduate study. The hospital is also willing to spend money on the welfare of employees, making hospital clothes for the employees of the whole hospital, making a health tour for the employees of the whole hospital once a year, and conducting a health check-up for the employees once a year …

In his spare time, Zhang Juxiang devoted himself to the prevention and treatment of senile diseases, and wrote dozens of academic papers, which were published in chinese journal of hospital administration and exchanged at national professional conferences and international medical management academic conferences. Driven by her, Jinqiu Hospital has established a computer file management system for medical care of common and frequently-occurring diseases of the elderly in the province, improved the three-stage prevention system for cardiovascular and cerebrovascular diseases of the elderly, and established an observation and treatment monitoring network for precancerous lesions of malignant tumors of the elderly through regular physical examination. Jinqiu Hospital has developed into a national third-class first-class hospital serving the health care of cadres and the elderly in the province, and has become a modern hospital with advanced equipment, strong technical force and civilized and high-quality service. It has won many awards, such as the national advanced health system collective, the top ten demonstration hospitals in the province, and the March 8th Red Flag unit in Liaoning Province.

Zhang Juxiang has been engaged in medical care for cadres for decades, and has successively won 20 honorary titles, including provincial outstanding Communist party member, provincial special model worker and national model worker. Many honors are praise for her hard work for many years, and they are the driving force for her to strive for the health care for the elderly.

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"Only when everyone strives for a beautiful dream can we gather the majestic power to realize the Chinese dream." If there are pioneers emerging in the industry around you, please recommend them to CCTV.

　　Submission email: 1714523629@qq.com

　　Xinhua News Agency, Beijing, December 19th: News analysis: Forming five new pillars with a scale of 10 trillion yuan — — Interpretation of the 13th Five-Year National Strategic Emerging Industry Development Plan

　　Xinhua News Agency reporter An Bei

　　The State Council recently issued the "Thirteenth Five-Year National Strategic Emerging Industry Development Plan", proposing that by 2020, five new pillars with an output value of 10 trillion yuan will be formed, including a new generation of information technology, high-end manufacturing, biology, green low-carbon and digital creativity, and a large number of new growth points for cross-border integration will be formed in a wider field, which will drive more than 1 million new jobs every year on average. The reporter interviewed relevant experts on the 19th.

　　Create a new engine of economic development under the new normal

　　"The development of strategic emerging industries is an organic combination of major scientific and technological breakthroughs and emerging social needs. Under the new normal of economic development, strategic emerging industries will break through the bottleneck of traditional industries and provide China with a valuable opportunity to overtake in corners and occupy a favorable position in international competition. " Xue Lan, dean of the School of Public Administration of Tsinghua University, said.

　　According to the plan, by 2020, the added value of strategic emerging industries will account for 15% of GDP. In 2015, the added value of China’s strategic emerging industries accounted for about 8% of GDP. The next 5-10 years will be a crucial period for the new round of global scientific and technological revolution and industrial transformation from being ready to generate.

　　"Strategic emerging industries represent the direction of a new round of scientific and technological revolution and industrial transformation, and their development is related to the overall situation and long-term." Jiang Jiang, an associate researcher at China Macroeconomic Research Institute, said that we must make greater determination and courage to find the layout of articles, ensure that strategic emerging industries become the new driving force to support the transformation of old and new growth kinetic energy, and lead industries to the middle and high-end and high-quality and sustainable economic and social development.

　　Digital creativity is incorporated into five major areas of strategic emerging industries.

　　In the "Twelfth Five-Year National Strategic Emerging Industries Development Plan", it is clear that it is necessary to speed up the cultivation and development of seven strategic emerging industries, such as energy conservation and environmental protection, new generation information technology, biology, high-end equipment manufacturing, new energy, new materials and new energy vehicles.

　　Xue Lan said that the selection of strategic emerging industries in the "Thirteenth Five-Year Plan" is in line with the "Twelfth Five-Year Plan". On the basis of previous development, according to the frontier development of scientific and technological innovation and the major needs of economic and social development, integration and innovation are divided into five major areas. Among them, digital creativity has made a breakthrough in recent years and has been included in the key areas of strategic emerging industries in the 13 th Five-Year Plan.

　　"These five areas have shown a good development trend, and choosing to support their development is more of a trend." Jiang Jiang said that the plan combines the trend of the emergence of a large number of new industrial growth points and the obvious trend of industrial integration, and merges and supplements the "seven major fields and 24 key directions" covered by the "Twelfth Five-Year Plan" strategic emerging industries into five major fields and eight major industries. It is clearly proposed that five new pillar industries with an output value of 10 trillion yuan will be formed by 2020, and "growth" will be the core task of strategic emerging industries in the next five years.

　　Promote development through innovation, inclusiveness and openness.

　　The plan puts forward six policy support measures, such as improving management methods, building an industrial innovation system, strengthening the protection and application of intellectual property rights, deepening integration of defense and civilian technologies, increasing financial and taxation support, and strengthening personnel training and incentives, and has deployed 21 major projects.

　　Xue Lan pointed out that innovation, inclusiveness and openness are the key factors to promote the development of strategic emerging industries and achieve the set goals. "Innovation is the soul of the development of strategic emerging industries; Establish a more inclusive government regulatory model to create a good ecological environment for the development of new industries and technologies; Adhere to the concept of openness and use the international market and international technical resources to promote development. "

　　Jiang Jiang said that 21 key projects, as the starting point to promote the development of strategic emerging industries, will lead the development of strategic emerging industries through policy implementation and pilot projects, and promote China to form a new highland for global industrial development.

　　Zunjie Automobile Law Department issued the first Weibo since the establishment of the account, responding to the recent slander of a user. Zunjie legal affairs said: the user has maliciously guided public opinion and deliberately slandered Zunjie automobile, which has damaged the brand reputation. It immediately reported to the public security organ, and after investigation and evidence collection, the public security organ dealt with its illegal acts according to law.

　　The user publicly apologized in Weibo two hours before the Zunjie Legal Department issued the document. (Zunjie Legal Affairs Weibo)

Two "wonder woman"

1905 movie network news After getting good results at the box office, he became the king of topics. Earlier, Cameron had expressed his opinion on Wonder Woman, which aroused the director’s dissatisfaction and sent a reply. Recently, lynda carter, a former "wonder woman" actor, joined in and directly hit back at Cameron. "James Cameron, stop messing around. Your soul is pitiful. Maybe you can’t understand the role of wonder woman at all. " At the same time, Carter took the opportunity to reaffirm Gal Gadot’s contribution. "You are a great director, and Patty’s reply is really a little thoughtless, but the film is just right, and Gal Gadot is also excellent. Mr. Cameron, I have been visualizing this corner for more than 40 years, and you should stop. "

Lynda carter choked Cameron on social platforms.

Earlier, director James Cameron said: "All the smug praise has been misled.’ wonder woman’ is still a materialized woman, and the male-dominated Hollywood has not changed. It’s not that I don’t like this film, but for me, it’s a retrogression. " He also used the role of Sarah Connor as an example to explain his point of view. "Sarah is not beautiful, but she is very powerful. She was troubled and a bad mother, but her tenacious vitality finally won the respect of the audience. For me, shaping a character like Sarah has obvious benefits. After all, half of the audience are women. "

Regarding Cameron’s attitude, Wonder Woman’s director Patty Jenkins wrote a reply to Cameron: "It’s not surprising that James Cameron can’t understand’ wonder woman’. Although he is a great director, he is not a woman after all."

directorPatty Jenkins’s response.

Recently, Cameron once again responded to this question when accepting foreign media THR, saying that he thinks Wonder Woman is a good film, but there is no breakthrough in the female role in the film. In the interview, he said: "I still insist on this view (‘wonder woman’ is a materialized woman). Gado is Miss Israel, and she is wearing a corset-style uniform that fits perfectly. Of course, she is very beautiful. But for me, this is nothing groundbreaking. As early as the 1960 s, Raquel Welch (who starred in "The Revenge of the Female Gunner", etc.) played a similar role. "

Director Cameron

Regarding the question of director Patty, he wants to applaud Hollywood for "letting" female directors direct commercial blockbusters, but he doesn’t think the film has any initiative. "I don’t think Hollywood knows how to shoot the female characters in commercial blockbusters well. They have cracked the drama, but when they make commercial action movies, they immediately want to attract 14-year-old or 18-year-old male audiences.

What I said before may be a little too simple, but I won’t take it back. I will add a little detail: in terms of gender, wonder woman overtook the male characters in the film, which I like very much and is very interesting. "

Now, the old version of "wonder woman" has joined in, and it seems that this controversy may not stop for a while. For Hollywood, which is still dominated by male chauvinism, Cameron’s view is really worth pondering, but we can’t deny Gal Gadot’s successful portrayal of the role of "wonder woman".

# What is smuggling?

Smuggling refers to crossing the country (border) illegally, which means that a natural person violates the laws and regulations governing the entry and exit of the country (border) and does not pass through the designated port or pass the border inspection, or does not have exit permission or entry permission when crossing the national border or passing the legal imaginary national border.

It is illegal to cross the border illegally, and it can be investigated for administrative responsibility or criminal responsibility.

Harm of smuggling

For a country, smuggling affects the normal personnel exchanges between countries, disturbs border management and security, and then brings hidden dangers to the whole national security. For individuals, it violates the border management regulations, increases the risk factor, and their personal safety cannot be guaranteed.

Provisions of the Entry-Exit Law

Article 11 China citizens leaving or entering the country shall submit their passports, other travel documents and other exit and entry certificates to the entry-exit frontier inspection authorities, and go through the prescribed procedures before leaving or entering the country. At qualified ports, the entry-exit frontier inspection authorities shall provide special passages and other convenient measures for China citizens to leave and enter the country.

Article 24 Aliens entering the country shall submit their passports or other international travel documents, visas or other entry permits to the entry-exit frontier inspection authorities, and shall go through the prescribed procedures before entering the country.

Seventy-first one of the following acts, a fine of one thousand yuan and five thousand yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined between two thousand yuan and ten thousand yuan:

(1) Leaving or entering the country with forged, altered or fraudulent exit and entry certificates;

(2) Leaving or entering the country by fraudulently using other people’s exit and entry certificates;

(3) evading exit and entry frontier inspection;

(4) Illegally leaving or entering the country by other means.

Criminal law provisions

The crime of crossing the border illegally refers to the serious act of crossing the border illegally in violation of the laws and regulations on the administration of the border. Smuggling is mainly manifested in not entering or leaving the country (border) at the prescribed places such as entry and exit ports and border posts, or using forged entry and exit documents to enter or leave the country (border) at the prescribed places. The actors can be both China citizens and foreign citizens.

Article 322 of the Criminal Law of People’s Republic of China (PRC) stipulates that the crime of crossing the border illegally means that those who violate the laws and regulations governing the border illegally cross the border, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or control, and shall also be fined; Whoever steals across the country (border) for the purpose of participating in terrorist organizations, receiving terrorist training or carrying out terrorist activities shall be sentenced to fixed-term imprisonment of not less than one year but not more than three years and shall also be fined.

Note: Some materials are from Shuifu police.

Original title: "Popularizing law among the whole people | What is smuggling? What is its harm? 》

Read the original text

　　BEIJING, April 5 (Xinhua)-After the United States announced the list of suggestions for imposing tariffs on products based on the 301 investigation in China, China countered on April 4 and announced that it planned to impose tariffs on American soybeans, automobiles, chemicals, airplanes and other commodities. At the same time, sue the WTO for the US tax proposal.

　　On April 4th, the State Council Press Office held a briefing in Beijing. Vice Minister of Finance Zhu Guangyao and Vice Minister of Commerce Wang Shouwen introduced the Sino-US trade and answered questions from reporters. China News Service reporter Zhang Qin photo

　　What are the considerations for including soybeans in the Chinese list? Is it possible for the two sides to negotiate to resolve the friction? Can China afford to fight and win? Will China reduce its holdings of US Treasury bonds to fight back? At the briefing held by the State Council on the 4th, officials from the Ministry of Commerce and the Ministry of Finance of China responded to some key issues of concern to the outside world.

　　China announces measures to counter the list of tariffs that the United States intends to impose on Chinese goods.

　　On the 3rd local time in the United States, a list of suggestions for imposing tariffs on China was released, which will impose a 25% tariff on 1,333 US$ 50 billion goods exported from China to the United States, involving aerospace, communications, medicine, machinery and other fields.

　　In this regard, China quickly announced reciprocal trade countermeasures on the afternoon of the 4th, which will impose additional tariff measures on imported goods such as soybeans, automobiles, chemicals and airplanes originating in the United States, with a tax rate of 25%, involving China’s imports from the United States of about 50 billion US dollars in 2017.

　　On the same day, China also filed a consultation request under the WTO dispute settlement mechanism on the taxation proposal under the US 301 investigation against China, and officially started the WTO dispute settlement procedure.

　　On March 22, 2018, US President Trump signed a presidential memorandum in Washington, D.C., according to the results of the "301 investigation", large-scale tariffs will be imposed on goods imported from China, and China enterprises will be restricted from investing in the United States for mergers and acquisitions.

　　Is there any possibility of further negotiation between the two sides?

　　— — Fight, accompany to the end; Talk, the door is open.

　　"China’s approach is forced and restrained." Wang Shouwen, Vice Minister of Commerce, said that China is unwilling to fight a "trade war" because there is no winner in the "trade war". But they are not afraid of a "trade war". If someone insists on a "trade war", China will accompany them to the end.

　　Wang Shouwen said: China’s consistent position is that the door to solving problems through negotiation and consultation is always open. If the US side is willing to talk, China is willing to hold consultations on the basis of equal consultation and mutual respect to resolve differences. So to put it simply, if someone insists on fighting, China will fight to the end, and if someone is willing to talk, the door is open.

　　What are the considerations for including soybeans in the Chinese list?

　　— — The table of contents and related order are well founded.

　　"China was forced to put forward the relevant product catalogue as a counter-action, and this catalogue and related order are based." Zhu Guangyao, Vice Minister of Finance, said that US soybean exports to China accounted for 62% of all US soybean exports. In 2017, US soybean exports to China were 32.854 million tons, accounting for 34.39% of China’s total imports. The export volume was too large, and farmers who planted soybeans in China made demands to relevant associations.

　　"U.S. government subsidies have affected the interests of soybean farmers in China. The China government should respect the demands of farmers in China and the policy demands of the China Soybean Association. So in this respect, soybeans are used as an option for this counter-measure. " Zhu Guangyao said: at present, none of these product catalogues have come into effect. Both sides have put the issues on the table. Now it is time for negotiation and cooperation. The premise of negotiation and cooperation is mutual respect, rather than imposing conditions on the other side.

　　Can China afford to fight and win?

　　— — China will not yield to any external pressure.

　　Zhu Guangyao said, despite repeated communication between the two sides, China must take actions to defend China’s own interests when the US still insists on its own way and issues a high tariff list of $50 billion. I hope that both sides can treat each other honestly and respect each other, and negotiate on the principle of win-win cooperation.

　　Zhu Guangyao stressed that if the United States continues to go its own way, China has never given in to external pressure since the founding of New China. This is the history of the development of New China and the struggle of Chinese people, and China will not give in to any external pressure.

　　This "trade war" between China and the United States was initiated by China?

　　— — False news The US accusation is groundless.

　　Some media said that the "trade war" between China and the United States was provoked by China, because China took such actions as compulsory technology transfer, which was unfavorable to intellectual property protection.

　　"That’s fake news!" Wang Shouwen said that in the "301" investigation report, the United States accused China of "compulsory technology transfer", which was unfounded. There is no law in China that requires foreign enterprises to transfer their technology to China partners, and there is no law to make such a requirement.

　　Wang Shouwen emphasized that China’s protection of intellectual property rights is very firm and has made great achievements. It is totally unacceptable for China to take discriminatory measures against China that violate its WTO commitments and its domestic laws just because of some unwarranted reports, accusations and complaints from individual enterprises. Who is the initiator of the "trade war" is self-evident.

　　In the past year, the RMB has continued to appreciate. On March 28th, the central parity of RMB against the US dollar hit a new high in 2015. Li Jinlei photo

　　Will China reduce its holdings of US Treasury bonds to fight back?

　　— — China is a responsible investor in the international capital market

　　Zhu Guangyao said that China does have more than $3 trillion in foreign exchange reserves, which are the property of the people. The operation principle of China’s foreign exchange reserves is firstly safety, secondly liquidity and thirdly moderate profitability.

　　"China is a responsible investor in international capital market." Zhu Guangyao emphasized that China operates its foreign exchange reserves through market operation in accordance with market rules, specific market principles and diversified principles.

　　What do you think of the US demand for China to reduce its surplus by $100 billion?

　　— — It is unacceptable and impossible to reduce the surplus, which requires the efforts of both sides.

　　"It is absolutely unacceptable for China to reduce the surplus of $100 billion," Wang Shouwen said. First of all, it is impossible. The trade surplus and deficit are determined by market forces and the overall economic policy and structure of the United States, and China alone cannot reduce the surplus.

　　Wang Shouwen said that it is unacceptable because reducing the surplus requires the efforts of both sides, and it is not just one company that can reduce the surplus. It is hoped that the US can relax the export control of high-tech products to China and increase the domestic savings rate. It is also hoped that the US can actively respond to some measures taken by the China administration to expand imports.

　　He stressed that only through the joint efforts of both sides can the trade surplus or deficit be gradually eased, and it is not feasible to determine any absolute figure, artificial government intervention, in practice or in theory.

　　Will trade friction affect China’s GDP growth target?

　　— — China’s economy has maintained steady growth in recent years.

　　Zhu Guangyao said that China’s economy has maintained steady growth in recent years. The International Monetary Fund has continuously raised the economic growth rate of China, and predicted that the economic growth of China will be 6.6% in 2018, which is higher than the 6.5% development target of China predicted in the Government Work Report.

　　Zhu Guangyao said that China does not want a "trade war" between China and the United States, but it is now threatened by serious trade friction. Both sides should calm down, explore new paths on the premise of mutual respect, and gradually realize the change of trade imbalance in the process of cooperation. (End)

　　People’s Daily Online, Beijing, January 26 (Chen Yu) Employees who participate in enterprise annuities may increase their income level after retirement, add eight more entry and exit convenience measures, and further protect citizens’ freedom of religious belief … … From February 1st, a batch of new laws and regulations will affect our life.

　　National laws and regulations

　　After the implementation of the "Enterprise Annuity Measures" in February, you may receive an extra income after retirement.

　　A few days ago, the Ministry of Human Resources and Social Security and the Ministry of Finance jointly issued the Measures for Enterprise Annuity (hereinafter referred to as Order No.36), which revised the Trial Measures for Enterprise Annuity issued in 2004 and will be implemented on February 1 this year.

　　Enterprise annuity refers to the supplementary endowment insurance system independently established by enterprises and their employees through collective negotiation on the basis of participating in basic endowment insurance. Enterprise annuity can enjoy preferential tax policies of the state. For the part of payment that meets the requirements of the state, the enterprise payment can be deducted before tax, and the individual payment can be deducted from the taxable income of the current period.

　　The "Enterprise Annuity Measures" are not only applicable to all kinds of enterprises in cities and towns, but also other employers and their employees who participate in the basic old-age insurance for enterprise employees can establish enterprise annuities. After the employees meet the requirements, they can receive the enterprise annuity on a monthly basis, in installments or at one time, or they can buy commercial endowment insurance products.

　　Eight entry-exit facilitation measures launched by the Ministry of Public Security will be implemented in February.

　　The Ministry of Public Security decided to implement eight entry and exit facilitation measures from February 1, 2018. These measures involve many aspects, such as applying for permits nearby, self-service, free photography, foreign Chinese applying for permits, and self-service customs clearance at border inspection.

　　Item 1: Residents in the province can apply for entry and exit documents throughout the province. Applicants can apply for ordinary passports, Hong Kong and Macao passes and endorsements, and Taiwan passes and endorsements to any public security exit-entry administration agency at or above the county level in the provinces (autonomous regions and municipalities directly under the Central Government) where their household registration is located.

　　Item 2: Residents in the province can apply for travel endorsements to and from Hong Kong, Macao and Taiwan by themselves throughout the province. Applicants with electronic passes to and from Hong Kong and Macao and electronic passes to and from Taiwan issued by the exit and entry administration agencies of the public security departments of this province (autonomous regions and municipalities directly under the Central Government) can apply for travel endorsements to and from Hong Kong, Macao and Taiwan at any self-service equipment in the province (autonomous regions and municipalities directly under the Central Government).

　　Item 3: Eligible residents from other provinces can apply for entry and exit documents nearby. Spouses, children and parents from other provinces (autonomous regions and municipalities directly under the Central Government) who are registered residents of this Municipality may apply for ordinary passports, passes and endorsements to and from Hong Kong and Macao, passes and endorsements to and from Taiwan in the city where the registered residents are located.

　　Item 4: Self-check the number of endorsements between Hong Kong, Macao and Taiwan. Applicants with electronic passes to and from Hong Kong and Macao and electronic passes to and from Taiwan issued by the public security exit-entry administration agencies of this province (autonomous region or municipality directly under the Central Government) can make self-service equipment inquiries about the remaining times of endorsements to and from Hong Kong, Macao and Taiwan in any province (autonomous region or municipality directly under the Central Government).

　　Item 5: Provide photo service of entry and exit documents free of charge. The public security entry-exit acceptance window provides free entry-exit certificate photography service for applicants. The window that does not meet the requirements for the time being should provide free entry-exit certificate photography service for applicants who do not bring their entry-exit certificate photos or whose photos do not meet the standards of the Guide to Photographing Entry-Exit Certificates.

　　Item 6: Provide visa and residence convenience for foreign Chinese. For foreign Chinese who come to China to visit relatives, negotiate business, carry out scientific, educational, cultural and health exchange activities and handle private affairs, the exit-entry administration department of the public security organ may issue multiple-entry valid visas within 5 years according to regulations; Foreign Chinese who need to stay for a long time to work, study, visit relatives and engage in private affairs in the local area may be issued residence permits with a validity period of less than 5 years according to regulations.

　　Item 7: Vigorously promote the self-service customs clearance service. Public security entry-exit frontier inspection organs will strengthen the construction of self-service inspection channels for border inspection. In 2018, the number of ports opening self-service inspection channels for border inspection should reach 50% of the total number of tourist inspection ports in China, and the number of self-service customs clearance for border inspection should reach 50% of the total number of entry-exit personnel.

　　Item 8: Provide self-service printing service for self-service customs clearance passengers. Chinese and foreign passengers who use the self-service inspection channel for border inspection can print the record voucher of the last exit or entry from the port for free on the self-service printer behind the self-service inspection channel. The entry-exit record certificate has the same effect as the China border inspection stamp stamped on the entry-exit certificate by the border inspection authorities.

　　The newly revised Regulations on Religious Affairs came into effect on February 1st.

　　The Regulations on Religious Affairs was revised and adopted at the 176th executive meeting in the State Council on June 14th, 2017, and the revised Regulations on Religious Affairs will come into force on February 1st, 2018.

　　The "Regulations" propose to further promote religious harmony and social harmony, and stipulate that the religious affairs departments of the people’s governments at or above the county level shall manage religious affairs involving national interests and social public interests according to law; Religious citizens, non-religious citizens and citizens with different religions should respect each other and live in harmony; Religions adhere to the principle of independence; No organization or individual may create contradictions and conflicts between different religions, within the same religion or between religious citizens and non-religious citizens.

　　At the same time, the Regulations further standardize the management of religious affairs, and put forward the principles of "protecting legality, stopping illegality, containing extremes, resisting infiltration and cracking down on crimes", strengthening the supervision and management of religious property, and standardizing religious information services on the Internet.

　　The Measures for the Administration of the Registration of General VAT Taxpayers came into effect on February 1st.

　　A few days ago, State Taxation Administration of The People’s Republic of China promulgated the Measures for the Administration of the Registration of General VAT Taxpayers (hereinafter referred to as the Measures), which stipulated that the general taxpayer would be changed from the examination and approval system to the registration system, and it will take effect on February 1, 2018.

　　The "Measures" mainly have the following changes in content:

　　The first is to cancel the administrative examination and approval. Cancel the examination and approval of the tax authorities, and change the examination and approval system into the registration system. After the competent tax authorities check and confirm the registration information submitted by taxpayers, taxpayers can become general taxpayers.

　　The second is to simplify the procedures. Simplify the information needed for registration and the work flow of tax authorities.

　　The third is to adapt to the tax reform. The contents of the clauses related to policy differences in the Measures are not listed in detail, but summarized as "Regulations of the Ministry of Finance and State Taxation Administration of The People’s Republic of China" and "in accordance with policy provisions".

　　The Measures also improve the definition of annual taxable sales; Clarify the scope of taxpayers who do not apply for general taxpayer registration; The procedures for the registration of general taxpayers are clarified, and the taxpayers whose annual taxable sales exceed the prescribed standards, the time limit for handling relevant procedures and related management requirements are clarified; It is clear that the effective date of general taxpayers can be chosen by taxpayers themselves.

　　Local laws and regulations

　　Tianjin: The newly revised Regulations of Tianjin Municipality on Highway Management will be implemented on February 1st.

　　In order to promote the integrated development of Beijing-Tianjin-Hebei transportation and solve the problem of "broken road" and "bottleneck road" in the border area of Beijing-Tianjin-Hebei, the Regulations of Tianjin Municipality on Highway Management, which will be implemented on February 1, stipulates the strengthening of regional highway management cooperation, and will establish "three systems" such as overall planning of Beijing-Tianjin-Hebei road network and "three mechanisms" such as data sharing. The "obstruction" of many "capillaries" at the junction of Tianjin and Beijing-Hebei is gradually getting through. Beijing, Tianjin and Hebei sorted out and docked key construction projects during the "Thirteenth Five-Year Plan" period and formed a preliminary plan. Drafting relevant implementation rules will establish a unified project repository and a linkage mechanism for preliminary work to jointly plan the follow-up project construction.

　　Wuhan: The Regulations on the Protection of Minors in Wuhan came into effect on February 1st.

　　From February 1st, the Regulations on the Protection of Minors in Wuhan (hereinafter referred to as the Regulations) will be formally implemented.

　　In view of the changes in the practice of protecting minors, the Regulations have added and revised many clauses, and specially set up a chapter on "family protection", requiring parents or other guardians to learn scientific educational guardianship methods to provide personal safety protection for minors. At the same time, on the issue of school bullying, schools are required to establish prevention and treatment systems and emergency response plans in school bullying. It also makes provisions for the current hot issues on the Internet. If a live video website hires a minor as an anchor or provides an anchor registration channel for a minor, it should obtain the consent of the minor’s parents or other guardians.

　　Guangzhou: The Regulations of Guangzhou Municipality on Population and Family Planning Services and Management will be implemented on February 1st.

　　The Regulations of Guangzhou Municipality on Population and Family Planning Services and Management (hereinafter referred to as the Regulations) was issued a few days ago and will be implemented on February 1. According to the "Regulations", the parents of the only child are over 60 years old, and their children can enjoy nursing leave during hospitalization, with a cumulative period of no more than 15 days per year.

　　At the same time as the "Regulations" came into effect, the original "Measures for the Administration of Population and Family Planning in Guangzhou" was abolished at the same time.

　　Hainan: The Interim Measures for the Settlement of Medical Expenses of Maternity Insurance in Hainan Province was officially implemented on February 1.

　　The Hainan Provincial Department of Human Resources and Social Security and the Provincial Department of Finance recently issued the Interim Measures for the Settlement of Maternity Insurance Medical Expenses in Hainan Province, which will be officially implemented on February 1.

　　The "Interim Measures" stipulate that the expenses incurred by the insured in designated medical institutions due to childbirth and family planning operations that meet the requirements of the drug list, diagnosis and treatment list and medical facilities shall be settled by the social security agency according to the single disease.