China Announces Seven Focuses of Official Interpretation of Trade Counter-measures against the United States

　　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)

Busy farming in winter fallow fields —— A report from rape cultivation site in some provinces of the Yangtze River Basin

　　Xinhua News Agency, Beijing, November 15th Title: Busy farming in winter fallow fields — — Report from rape cultivation site in some provinces of the Yangtze River Basin

　　Xinhua news agency reporter

　　Send seeds and send services; Stabilize the area and increase the output … … Beginning of winter has passed, and the vast fields in the Yangtze River valley are still busy. Many fields planted with rape in winter leisure are "covered with green" for the winter to help farmers increase their income.

　　Rape was planted in the winter fallow fields.

　　In the past few days, in the farmland of Zihongzhou Village, Gonghua Town, Yuanjiang City, Hunan Province, the villagers have been busy plowing, fertilizing and transplanting, which is a lively scene.

　　"When the farmland is idle during this time, I will switch to rape, which will not only improve the soil quality, but also increase my income." Jianxin Guo, a large grain grower in Zihongzhou Village, got up early as usual and went to water his rape field. The rapeseed sown not long ago has a little new green.

　　The picture shows the villagers planting rape in Zihongzhou Village, Gonghua Town, Yuanjiang City, Hunan Province. Xinhua News Agency (photo by Wenjie He)

　　Rape is an important oil crop in China. Dun Xiaoling, an associate researcher at the Oil Crops Research Institute of the Chinese Academy of Agricultural Sciences, said that rape planting in China can be divided into winter rape producing areas and spring rape producing areas, of which winter rape accounts for more than 90%, mainly distributed in the provinces of the Yangtze River Basin.

　　This year, the No.1 Document of the Central Committee proposed to vigorously implement the soybean and oilseed production capacity improvement project. Hubei, Hunan, Jiangxi, Anhui and other provinces in the Yangtze River Basin have preferential policies, promoted improved varieties, strengthened science and technology, and encouraged farmers to expand rapeseed.

　　Hubei continues to tap the potential of fallow fields in winter. This year, it plans to expand the sown area of rape in autumn and winter by another 500,000 mu to ensure that the sown area of rape in summer reaches 17.7 million mu.

　　"The county provides us with agricultural machinery services, seeds and fertilizers. My 50-acre field is all planted with rapeseed." Liu Chenghong, a villager from Zhangchi Village, Zengji Town, Shayang County, Jingmen City, Hubei Province, said that the purchase price of rapeseed this year is about 3 yuan per catty, which is a few cents higher than last year, and everyone has a high enthusiasm for planting.

　　In Xuba Township, Yi ‘an District, Tongling City, Anhui Province, Huang Guohua, a large rapeseed grower, is busy spraying Wang Wang control agent with drones. "Rape has grown to six leaves, so it is necessary to control its growth, make the plants dwarf and develop roots to prevent lodging." He said.

　　New technology and new agricultural machinery help to expand seeds.

　　Anhui is one of the major oil crops producing provinces. This year, Anhui Province actively encouraged farmers to expand rape planting in winter fallow fields, an increase of 1.1 million mu compared with last year.

　　"In the afternoon of this year, the yield of rapeseed generally exceeded 400 kilograms per mu, and some high-yield fields reached 500 kilograms per mu." Zhou Kejin, chief expert of Anhui oil industry technology system and professor of Anhui Agricultural University, said that it is necessary to expand the planting area and promote the increase of production and income. In the past two years, through variety improvement and mechanical improvement, Anhui has greatly reduced the loss rate of rapeseed harvesting, and at the same time, through screening and integrating high-yield and high-quality planting models, it has told large farmers to make them more confident and confident.

　　The application of new seedling raising technology and agricultural machinery and equipment is also helping to expand rape seeds in the Yangtze River basin. At the beginning of November, in the smart agricultural seedling factory in Shanbei Village, Xicun Town, Yuanzhou District, Yichun City, Jiangxi Province, the green rape seedlings on the seedling tray grew gratifying. Fu Dafu, a big planter, drove agricultural machinery and completed the planting of more than 10 acres of rapeseed seedlings in one morning. "With the nursery factory, the planting efficiency has been greatly improved. There will be no delay in raising early rice seedlings next year, the land will be used and the fertility will be better! " Fu Dafu said.

The picture shows Fu Dafu, a large planter in Shanbei Village, Xicun Town, Yuanzhou District, Yichun City, preparing machine-inserted rape. (Photo courtesy of Yuanzhou District Network Emergency Command Center)

　　Gao Suli, an agricultural extension researcher at Yuanzhou District Bureau of Agriculture and Rural Affairs of Yichun City, told the reporter that this is a newly introduced technology this year. By cultivating rape seedlings into machine-transplanted seedlings, the whole process of mechanized planting can be realized like rice, that is, ploughing and planting, saving time and labor. "In order to reduce the losses caused by drought, Yuanzhou District has adopted rice tanker farming and centralized seedling raising to guide farmers and cooperatives to implement mechanized production of farming and harvesting."

　　There is still great potential for capacity improvement.

　　In order to actively expand rapeseed, some provinces in the Yangtze River Basin have launched "gift packages" to benefit farmers according to local conditions.

　　This year, Hunan invested nearly 1 billion yuan to support rapeseed production, mainly used to subsidize the cost of rapeseed production, covering 96 counties (cities, districts). Hubei supports family farms, farmers’ cooperatives and other business entities to undertake more tasks of seed expansion, and build a batch of "100-acre research fields, 1,000-acre demonstration plots and 10,000-acre construction films" to drive rapeseed to stabilize production and increase production.

　　According to the statistics of Hubei Rape Office, the rape planting area in the province has increased by more than 5 million mu in the past three years. The rape industrial chain is gradually extended and its functions tend to be diversified. By using oil, flowers, honey, fertilizer, vegetables and feed, Shayang County, Jingmen City has implemented the whole industrial chain layout and multi-functional utilization of rapeseed industry, with a planting area of 700,000 mu, which has boosted the whole industrial chain of nearly 3 billion yuan.

　　"We will plant 1,000 mu of rape in the whole town this year, which will not only improve the land use efficiency of winter fallow fields, but also see the beautiful sea of rape flowers next spring." In the high-standard farmland of Shangwan Village, Yingqian Town, Shangyou County, Jiangxi Province, Zhou Dongping, the head of Yingqian District of Jiangxi Xinhe Ecological Agriculture Development Co., Ltd., told the reporter that Yingqian Town is building a "two thousand acres" contiguous rape base to make the rape industry a new bright spot in the integration of agriculture and tourism in the town.

　　The picture shows the villagers in Shangwan Village, Yingqian Town, Shangyou County seizing the opportunity to plant rape. (Photo courtesy of Shangyou County Media Center)

　　At the same time, some interviewed experts also said that there is still great potential for expanding rapeseed in the Yangtze River basin. Dun Xiaoling said that at present, the average yield of rapeseed in China is about 135 kilograms per mu, and the oil content of most varieties is about 43%. China has bred a number of new varieties with high oil content. In the future, through the combination of improved varieties and good methods, agricultural machinery and agronomy, the yield and oil content of rapeseed still have room for improvement. (Reporter Hou Wenkun, Chen Chunyuan, Zhou Mian, Shui Jinchen)

Baidu Translation Mobile Client： Your Pocket Translator

Baidu Translation recently officially launched the mobile client, and now supports two mainstream platforms, iOS and Android. Baidu Translation Mobile Client Version 1.0 currently provides translation services between Chinese and English and between China and Japan, and integrates voice translation, offline translation and camera translation functions, which can meet users’ translation needs conveniently anytime and anywhere.

Voice translation is the highlight of this APP. When chatting with foreign friends and asking for directions when traveling abroad, you can translate it into the target language by speaking directly into the mobile phone, and read it out through the mobile phone to achieve the effect of "simultaneous translation". No manual input is required, the operation is convenient and the effect is amazing.

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Voice translation function

The function of offline translation allows users not to worry about network and traffic problems. Users only need to download the "off-line translation package", which can translate in the off-line state, effectively helping users save traffic and greatly improving the translation speed. It is reported that the accuracy of offline translation in spoken language and common tourist scenes is over 80%. When users travel abroad, they don’t need to buy a local mobile phone card, just open the Baidu translation APP on the mobile phone and use the offline translation function to get high-quality translation results. In terms of offline translation, Baidu Translation is also the first APP with this function on the Android platform.

Baidu Translation Mobile Client: Your Pocket Translator

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Camera translation currently supports two modes: word-taking translation and photo translation. The function of word selection and translation is particularly practical for students. When reading English newspapers and books, just aim the camera at the English word you want to query, and you can show the definition of the word and achieve real-time translation. Photo translation supports the identification and translation of Chinese and English. The way of choosing words by taking photos is quite novel. After taking photos, you can circle the words that need to be translated manually, which ensures the accuracy and makes the word selection operation more intuitive. When the operation is wrong, you can re-circle or re-take pictures.

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All localities and departments heard of the ＂flood season＂ and moved to build a safety barrier for flood control and disaster relief.

CCTV News:Recently, some rivers have experienced floods exceeding the police, causing geological disasters such as flash floods and mudslides, causing heavy casualties and property losses. From July 3rd to 6th, for four consecutive days, "News Network" reported on the relevant flood control and disaster relief work actively carried out by various localities and departments. At present, the National Defense General maintains a four-level emergency response to flood control in 11 provinces including Chongqing, Anhui and Heilongjiang, while the National Disaster Reduction Committee and the Emergency Management Department maintain a national four-level emergency response to disaster relief. The National Defense Office also sent a working group to Heilongjiang to help guide the flood control and disaster relief work.

Ministries and commissions allocate special funds for flood control and disaster relief.

Recently, the Organization Department of the Central Committee allocated 128 million yuan of special funds to 16 provinces, autonomous regions and municipalities, including Chongqing and Sichuan, to support flood control and disaster relief.

The Organization Department of the Central Committee stressed that this party membership fee should be paid to the grassroots in time, which is mainly used to express condolences to grassroots party member, cadres and the masses who are fighting in the front line of flood control and disaster relief, and to express condolences to party member and the masses who have encountered difficulties in life due to severe disasters; Repair the educational facilities in party member at the grass-roots level damaged by the disaster. Relevant provinces, autonomous regions and municipalities should, according to the actual situation, implement matching funds from the management of party dues at the corresponding level, allocate them to the grassroots in time, and put them into flood control and disaster relief work, so as to be earmarked for special purposes.

On July 5, the Ministry of Finance and the Emergency Management Department urgently pre-allocated 320 million yuan of central natural disaster relief funds to support 16 provinces including Chongqing and Sichuan in flood and geological disaster relief. Since the beginning of this year, the national comprehensive fire rescue team has participated in 1,677 flood fighting and rescue operations, dispatched 13,100 fire rescue officers, 2,375 vehicles and 383 boats, and rescued and evacuated 6,348 people trapped.

The National Defense General Working Group guides flood control and disaster relief in Chongqing

The National Defense General Working Group continues to guide flood control and disaster relief work in Wanzhou, Chongqing, requiring local authorities to actively carry out disaster relief, step up efforts to resume production and life, and make every effort to ensure that the affected people are properly resettled. It is predicted that there will still be heavy rainfall in the disaster area in the later period, and the soil water content in some areas tends to be saturated. The working group requires that the team materials be preset in advance, and the personnel in the dangerous area should be decisively transferred in advance to ensure the safety of people’s lives and property.

In response to the floods in Wanzhou District of Chongqing, the Red Cross Society of China launched a three-level emergency response on the 5th, and urgently allocated 3,000 family bags, 3,000 towel quilts and 3,000 jackets to support local rescue work. At the same time, it sent a disaster relief working group to the disaster area to guide the Red Cross Society of Chongqing to do a good job in flood control and disaster relief. China Red Cross Southwest Cooperation Zone launched an emergency consultation meeting and made preparations for the rescue forces.

Flood control and disaster relief are under way.

On July 4th, affected by heavy rain, the National Highway 211 from Wanzhou to Shizhu in Chongqing was once blocked. After 52 hours of emergency repairs, the blocked road finally resumed at noon today (July 7).

Recently, the heavy rainfall in Chongqing has also led to an increase in floating objects in the tributaries of the Yangtze River in Zhongxian County, Chongqing. At present, a number of floating boats shuttle back and forth on the river, and carry out floating operations in different regions. Floating workers salvage the floating objects on the river one by one, and then transport them ashore for centralized treatment. Since July 3rd, Zhongxian has dispatched more than 80 manual salvage boats, and salvaged about 400 tons of garbage. In addition, after the flood peak of the Yangtze River transited Zhongxian, the water level of Zhongxian section of the Yangtze River ushered in an increase, and relevant local departments are paying close attention to the water level changes.

Fight the tough battle of flood control and disaster relief

Draw "concentric circles" together to condense the maximum centripetal force. Fighting the tough battle of flood control and disaster relief is an arduous and victorious "battle", which requires the participation of all sectors of society. When the people’s soldiers heard of the "flood season", they moved to the danger, blocked the breach, blocked the piping, reinforced the dikes, and seized the access road; The people’s police stick to their posts and fulfill their duties in the storm to evacuate the affected people; Firefighters take the "flood season" as an order to rescue trapped residents by driving an assault boat; People from all walks of life donate money, materials and love to support the affected people … … With this majestic power of unity, we will be able to build a "safety embankment" for flood control and disaster relief and ensure the safety of people’s lives and property.

A number of new regulations will be implemented from February 1 ST： you may get an extra income after retirement.

　　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.

Analysis on the applicable points of invalid contract handling rules in Civil Code

According to Article 157 of the Civil Code, the consequences of an invalid contract include the return of property, compensation for discount and compensation for losses. Today, we reprint the article "Analysis on the Application Points of the Handling Rules of Invalid Contracts in the Civil Code" published by WeChat official account of the Supreme People’s Court Judicial Case Research Institute, and discuss the general handling rules of invalid contracts with you.

1. Although an invalid contract does not produce the legal effect expected by the parties, it does not mean that it has no legal consequences.

analysis

A contract that is confirmed invalid or cancelled shall be invalid from the beginning. The so-called invalidity means that the actor’s expression of will is not recognized by law, and the contents of his rights and obligations of establishing, changing and terminating creditor’s rights and debts do not produce the legal effects expected by the parties. However, invalidity does not mean that there are no legal consequences. The so-called legal consequences refer to the obligation to return property, the liability for compensation for losses and other consequences that the parties to an invalid or revocable contract should bear according to law based on the legal facts (events) of invalid or revoked behavior.

2. Consequences of invalid contract include property return, discount compensation and compensation for losses.

analysis

According to Article 157 of the Civil Code, the consequences of an invalid contract include the return of property, compensation for discount and compensation for losses. Return of property, that is, after the contract is confirmed to be invalid, one party has no basis for legal possession of the property obtained, and the property obtained on this basis should be returned to the other party, and the other party has the right to claim for return of the delivered property. The return of property is mainly applicable to the actual performance of the contract. If the contract has not been performed or the property has not been delivered, this method is not applicable. Discount compensation, that is, after the contract is confirmed invalid, the return of property is not realistic or necessary or the cost of returning property is too high, and the property relationship can be restored to its original state by means of discount compensation. Compensation for losses, that is, after the contract is confirmed to be invalid, if the contract is invalid, the party at fault shall compensate the other party for the losses thus suffered; If all parties are at fault, they shall bear their respective responsibilities.

3. After the contract is confirmed to be invalid, the responsibilities of the parties shall be reasonably determined according to the principle of good faith, and the dishonest parties shall not benefit from the invalidity of the contract.

analysis

When determining the scope of property return or discount compensation after the contract is invalid, it should be reasonably distributed among the parties according to the requirements of the principle of good faith, so that the dishonest parties can not benefit from the invalidation of the contract. The core point is that when the contract is invalid, the liability of the parties for contracting fault should not exceed the interests of contract performance. For example, according to Article 793 of the Civil Code, the construction contract of a construction project is invalid. If the construction project has passed the completion acceptance, the contractor can be compensated at a discount according to the contract, but unless a new project beyond the contract is added, it should generally not exceed the project payment agreed in the contract. In practice, there are some similar situations. For example, in the case of housing price increase, developers take the initiative to request to confirm the invalidity of the contract on the grounds that they have not obtained a valid pre-sale permit, trying to benefit from the invalidity of the contract; For another example, in the case that small property houses can get huge compensation due to expropriation, some sellers bring a lawsuit to the court to request that the sale of small property houses be invalid, with the aim of trying to benefit by confirming that the contract is invalid. For this dishonest practice, it is necessary to balance the interests of the parties through reasonable distribution of interests, which not only determines the contract to be invalid according to law, but also maintains and promotes the construction of an honest society.

4. Whether the parties to an invalid contract should return property to each other sometimes depends on the specific case, the specific contract type and the specific subject matter.

analysis

Article 59 of the original Contract Law stipulates: "If the parties collude maliciously and harm the interests of the state, the collective or the third party, the property thus obtained shall be owned by the state or returned to the collective or the third party." In other words, the malicious offender has no right to claim the return of property, and the corresponding property should be owned by the state or returned to the collective or the third party. The relevant judicial interpretations in the Supreme People’s Court have retained the spirit of this provision. For example, Article 20 of the Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Disputes over Foreign-invested Enterprises stipulates: "If the contract between the actual investor and the nominal shareholder of a foreign-invested enterprise is deemed invalid due to malicious collusion, which harms the interests of the state, the collective or the third party, the people’s court shall confiscate the property thus obtained or return it to the collective or the third party."

5. After the contract is confirmed to be invalid, it shall be judged whether the parties shall bear the responsibility of property return according to the nature of the subject matter of the contract and the request of the parties.

analysis

After the contract is confirmed to be invalid, the existence of the original object of the contract is the prerequisite for the parties to assume the responsibility of returning the property. If the subject matter is a specific object, if the original object exists, it must be returned; If the original does not exist, it should compensate the corresponding price or kind, but it cannot be forced to return the original, because it is impossible at this time. If the subject matter of the contract is a kind of thing, if the subject matter of the contract has been lost or consumed by the wrong party, the wrong party may also take measures to compensate for the loss without returning the same kind of subject matter, but if the non-wrong party insists on returning the subject matter, the wrong party must return it, and the losses (such as price difference) and various expenses caused by it shall be borne by the wrong party.

6. After the contract is confirmed to be invalid, the parties shall bear the responsibility for property return, and the principle of fault liability shall not apply.

analysis

After the contract is confirmed to be invalid, the parties bear the responsibility for property return, which is not an economic sanction and is not punitive, so the principle of fault liability cannot be applied. Regardless of whether the parties are at fault in concluding the contract, the property acquired and occupied according to the invalid contract should be returned to the other party because there is no legal basis.

7. After the contract is confirmed to be invalid, the factors of property appreciation or depreciation should be fully considered when determining the return of property.

analysis

After the bilateral contract is invalid, both parties shall return the property acquired by the contract to each other. If the equity, house and other property that should be returned increase or decrease in value relative to the contract price, the people’s court should comprehensively consider the correlation between market factors, the transferee’s operation or attachment and the increase or decrease in value of the property, and rationally allocate or share it among the parties to avoid one party benefiting from the invalidity of the contract. In a word, in the case of property appreciation or depreciation, how to distribute or share the losses reasonably among the parties? First, we should consider market factors and distribute the appreciation or depreciation part reasonably among the parties. The so-called reasonable distribution is to consider the degree of their respective faults in the invalidity of the contract and whether there are factors that benefit from the invalidity of the contract. For the party who tries to benefit from the invalid contract system, you can consider less points or even no points. Second, we should consider the relationship between the transferee’s operation or attachment behavior and the appreciation and depreciation of property. Business behavior is mainly applicable to the occasion of equity return, while attachment behavior is mainly but not limited to the occasion of real estate return. For example, if the buyer of a house transforms the house after buying the house, which leads to the appreciation of the house, he should first consider the part of its attachment behavior on the appreciation of the house, and then consider the influence of market factors. Of course, if the equity, houses, etc. depreciate, the losses should be shared between the two parties according to the same rules.

8. When both parties to an invalid contract have the obligation to return it, unless otherwise agreed, both parties shall return it at the same time.

analysis

In a bilateral contract, each party’s respective payment constitutes a treatment payment. Even if the contract is invalid, the obligations of both parties to return the subject matter and the price still constitute payment. If the parties have not made a special agreement on the return, they should perform it at the same time, that is, before one party makes payment, the other party can refuse the other party’s request for return. This is also the legal basis that even the transferor who has the right to claim the return of the original can not rule out the execution of the general creditor before returning the price.

9. The scope of property returned by an invalid contract includes fruits.

analysis

There are theoretical differences on whether the scope of returning property to an invalid contract includes fruits. One view is that whether the possessor is in good faith or bad faith should be distinguished: the possessor is a bona fide possessor who is not at fault for the invalidity of the contract and does not need to return the fruits; On the other hand, if it is at fault for the invalidity of the contract, it belongs to the malicious possessor and should return the fruits. Generally speaking, whether it is bona fide possession or malicious possession, it is unauthorized possession. Since it has no right to possess, no matter whether it is a bona fide possessor or a malicious possessor, it has no right to obtain the fruits. In other words, the scope of returning property should include fruits. The difference is that bona fide possession is different from malicious possession after all. In order to distinguish it from malicious possession, it can request the obligee to pay the necessary expenses for maintaining the real estate or chattel. Article 460th of the Civil Code stipulates: "If the real estate or chattel is occupied by the possessor, the obligee may request the return of the original property and its fruits; However, the necessary expenses incurred by the bona fide possessor for maintaining the immovable property or movable property shall be paid. " It is this spirit that is embodied.

10. Whether an invalid contract should return interest should be specifically determined according to different contract types.

analysis

Money often appears in the form of consideration in bilateral contracts such as buying, selling and leasing other than loan contracts. If such a contract is invalid, the possession of the subject matter by the buyer and lessee from the conclusion of the contract to the return of the subject matter to the transferor and lessor constitutes unauthorized possession, and in theory, the use fee should be paid to the transferor and lessor. On the contrary, the transferor and lessor shall also pay the capital occupation fee to the buyer and lessee. The use fee and the capital occupation fee completely meet the conditions of legal offset. Once offset, their respective debts will be eliminated. Therefore, before one party returns the original, the other party only has to pay the principal, without paying interest. However, if a contract specifically targeting money is invalid, such as a loan contract, the occupier of funds shall pay interest in principle. There are different views on whether to pay according to the loan interest rate or the deposit interest rate. Generally speaking, the loan interest rate is higher than the deposit interest rate, so it is obviously more beneficial to the obligee to refer to the loan interest rate than to refer to the deposit. The reasoning basis of referring to the loan interest rate is that one party needs to borrow from the bank to obtain the same funds, so it should refer to the loan interest rate. The reasoning basis of referring to the deposit interest rate is that the funder does not need to borrow money from the bank, so the loss is only the deposit interest in the same period. We believe that in commercial trials, in principle, payment should be made with reference to the loan interest rate. It should be noted that in order to deepen the interest rate marketization reform, since August 20, 2019, the People’s Bank of China has authorized the National Interbank Funding Center to announce the loan market quotation rate (LPR) at 9: 30 on the 20th of each month (postponed in case of holidays).And canceled the benchmark loan rate of the People’s Bank of China. In this case, the interest in the future shall be based on the quoted interest rate of the loan market published by the National Interbank Funding Center.

11. The claim for property return in case of invalid contract can generally resist the execution of money creditors, but it is not the case when both parties of invalid contract have mutual obligation to return.

analysis

According to the provisions of Article 124 of Minutes of the Ninth People’s Meeting, in the execution of monetary creditor’s rights, if the effective judgment on the basis of which the outsider raises the objection to execution determines that the contract (such as the sales contract) for the purpose of transferring ownership is invalid, and then orders the outsider to return the subject matter of execution, at this time, the outsider enjoys the right of claim for return in the nature of real right, which can exclude the execution of monetary creditor’s rights. However, in the case that the bilateral contract is invalid, both parties are obligated to return the money. If the outsider is allowed to exclude the execution of the monetary creditor’s rights, it will make the application executor unable to execute both the property under the name of the person subjected to execution and the money that should have been returned to the person subjected to execution, which is obviously unfair. In order to balance the interests of all parties, the enforcement of ordinary creditors can only be ruled out if the outsider has returned the price. On the other hand, if the outsider fails to return the price, execution cannot be ruled out.

12, the property return claim under the condition of invalid contract, its nature is the property right to return the original claim, rather than the creditor’s right to claim unjust enrichment.

analysis

In the case that a bilateral contract, such as a house sales contract, is invalid, the buyer needs to return the house to the seller, and the seller needs to return the price to the buyer. The so-called claim for property return here mainly refers to the seller’s right to request the buyer to return the house. Regarding the nature of property return, there are two viewpoints: the claim of unjust enrichment in the nature of creditor’s rights and the claim of original property in the nature of real rights. Generally speaking, after the contract is invalid or revoked, the change of property right based on the contract also loses its foundation, which naturally produces the effect of property right rotation, and the transferor enjoys the right to claim the original property in the nature of property right claim. Only when the original cannot be returned or there is no need to return it, the right of claim for returning the original can be transformed into the right of claim for unjust enrichment. China’s legislation does not adopt the theory of real right act, and it does not recognize the independence and non-causation of real right act, so this view is generally said in academic circles.

13. The limitation of action does not apply to the claim for the return of property in the case of invalid contract.

analysis

Whether the limitation of action applies to the right of claim for returning property depends on the identification of its nature, that is, whether it is the right of claim for unjust enrichment or the right of claim for real right. As mentioned above, according to the general theory of academic circles, the property return claim in the case of invalid contract is the property return claim in the nature of property right, not the unjust enrichment claim in the nature of creditor’s rights. As a kind of power of real right, the claim of real right does not apply to the limitation of action.

14. In an invalid contract, the discount compensation is a substitute for the return of property, and the two can only be exercised either way, not at the same time.

analysis

The consequences of an invalid contract include the return of property, discount compensation and compensation for losses. Among them, the return of property belongs to the claim of real right in nature, and when the property cannot be returned or the parties think it is unnecessary to return it, it will be converted into the discount compensation of the claim of unjust enrichment. It can be seen that the discount compensation is a substitute for the return of property, and the two can only be exercised alternatively, not at the same time.

15, invalid contract does not exist the obligee must first exercise the right to return the original claim, only in the case of unable to exercise can request discount compensation.

analysis

The return of property and discount compensation are the legal consequences of invalid contracts. In the case that the contract is invalid, even if the original thing exists and the obligee thinks it is unnecessary to return the original thing, he can also request the discount compensation, and it is not necessary to request the return of the original thing. After all, it is the freedom, not the obligation, of the obligee to choose which right to exercise. In this regard, there is no problem that the obligee must first exercise the right to claim the return of the original property, and only when he cannot exercise it can he request the discount compensation.

16, invalid contract discount compensation rules don’t consider goodwill, just when distributing the benefits or losses to consider the fault or goodwill of the parties.

analysis

Although the discount compensation for invalid contracts belongs to unjust enrichment in nature, it is still different from the traditional unjust enrichment system in civil law. The traditional unjust enrichment system in civil law distinguishes between good faith and bad faith and applies different handling rules. On the one hand, when the existing interests do not exist, the bona fide parties are not responsible for the return, and the malicious parties should still be responsible for the return. On the other hand, the malicious parties not only need to return the existing interests, but also need to pay the interests generated by the existing interests. If the losses exceed the interests, they will also be liable for damages. The discount compensation rule basically does not consider goodwill and malice, but only considers the fault or goodwill of the parties when distributing benefits or losses, but it is also significantly different from goodwill and malice in unjust enrichment occasions. The so-called goodwill and malice in the return of unjust enrichment refers to whether you know the fact that you can’t get benefits, while the discount compensation should consider whether the parties are at fault for the invalidity of the contract and whether they have the motivation to benefit from the invalidity of the contract.

17. The discount compensation for an invalid contract shall be based on the transfer amount agreed in the contract, and the part above or below the transfer amount shall be fairly distributed or shared in combination with the loss or resale income of the subject matter.

analysis

Discount compensation is the right of claim for the return of unjust enrichment enjoyed by the parties when the original cannot be returned due to factual or legal reasons. On the issue of discount compensation, the transfer money agreed in the contract between the parties should be used as the basis of discount compensation, and then compared with the value compensation obtained when the subject matter is lost or the price available at the time of resale. The part higher or lower than the transfer money should be distributed or shared among the parties according to certain rules, so as to realize the balance of interests between the parties. In the case of loss of the subject matter, if the parties have obtained insurance money, compensation or compensation, they shall return it to the assignor. If the compensation is lower than the transfer payment, the difference between the transfer payment and the compensation shall be reasonably shared among the parties; If there is no compensation, the losses shall be shared between the two parties within the limit of the total transfer amount. In the case that the subject matter is resold to others, the consideration obtained at the time of resale belongs to the interests obtained by the parties because of the subject matter, and the part of the benefits that is higher or lower than the transfer amount agreed in the contract should also be reasonably distributed or shared among the parties.

18. After the contract is confirmed to be invalid, if the property acquired by the parties does not meet the conditions for return or in order to prevent the loss from expanding, the parties may not return it, but they should make compensation at a discount.

analysis

It is a general principle that the property acquired by the parties should be returned after the contract is confirmed to be invalid. If, after the contract is confirmed to be invalid, the property acquired by the parties does not meet the conditions for return, such as contracts for construction projects and contracting, or part or all of the subject matter of the contract has been sold, used or damaged, lost or possessed by a third party in good faith, the parties may not return it at this time. In addition, although some properties have the conditions for return, they should not be returned in order to prevent the expansion of losses. For example, goods that are not in the local area should be repackaged and consigned in other places, which will increase the cost and loss. Generally, it is not appropriate to return the original goods, but should be treated on the spot and compensated at a discount. However, if the innocent party insists on the return of the subject matter that is a specific object, it shall be an exception, and the expenses shall be borne by the innocent party.

19. After the contract is confirmed to be invalid, the property acquired by the party concerned has been acquired by a third party in good faith, and the original is irreplaceable. The party concerned may not return it, but it shall be compensated at a discount according to the current market price of the property.

analysis

After the contract is confirmed to be invalid, whether the parties should return the acquired property is limited by the bona fide acquisition system. That is, when one party transfers the property to a third party, and the third party has no fault subjectively when obtaining the property, and does not know or should not know that the contract between the party and the other party is invalid or cancelled, the third party in good faith can not return the original, and the original is irreplaceable. At this time, the party cannot return the property, and must compensate the other party at the current market price of the property.

20. After the contract is confirmed to be invalid, the property acquired by the parties has been lost, which makes it impossible or unnecessary to return it, and the original is irreplaceable. The parties may not return it, but they should make compensation at a discount.

analysis

After the contract is confirmed to be invalid, the property acquired by the parties has been lost, which makes it impossible to return the original, and the original is irreplaceable. In this case, the party who obtains the property shall make discount compensation according to the current market price of the original. There is no need to return it, mainly including the following two situations: (1) If the property accepted by the parties is a service or interest and cannot be restored to its original state in nature, it will be returned in money at the price stipulated by the state at that time; If there is no price stipulated by the state, it shall be calculated based on the market price or the remuneration standard of similar services and returned in money. (2) If one party obtains the benefits from the use of intellectual property rights, since the intellectual property rights are intangible, that party may compensate the other party at a discount.

21. If the parties still suffer losses after the invalid contract returns the property, the parties may claim damages at the same time, but the phenomenon of double profit or double damage should be avoided.

analysis

This problem involves the relationship between damages and the return of property. The return of property involved in the case of invalid contract includes the discount compensation when it is impossible or unnecessary to return it. Whether it is the return of property or the discount compensation, the factors of property depreciation and appreciation have been fully considered. In the case of property appreciation, there is generally no problem of damages. In the case of property depreciation, the losses caused by property depreciation should be shared among the parties according to the principle of good faith. As a result, Article 35 of the Minutes of the Ninth People’s Meeting stipulates that, on the one hand, if the return of property alone is not enough to make up for the losses, one party may also request the other party at fault to bear the liability for damages; On the other hand, it also stipulates that when determining the scope of damages, it is necessary to reasonably determine the liability according to the degree of fault of the parties, and also consider the factors of property appreciation or depreciation that have been considered when determining the scope of property return, so as to avoid the phenomenon of double profit or double damage.

22, the constitutive requirements of the liability for compensation after the contract is invalid.

analysis

If a contract is invalid and bears the liability for compensation, it shall meet the following constitutive requirements:

(1) There are damage facts or losses. According to the general theory, the legal liability for compensation for losses caused by the invalidity of the contract belongs to the liability for contracting fault in legal nature, not the liability for breach of contract or tort. The loss caused by contracting fault is the loss of reliance interest, that is, the actual loss suffered by the other party because of relying on the validity of the contract, excluding the loss of available interest.

(2) One party is at fault. This is the essential element of a party’s liability for compensation for losses due to the invalidity of the contract. Only one party is at fault can bear the corresponding civil legal liability.

(3) There is a causal relationship between fault and loss.

23, the correct division of invalid contract liability for property damage, should be treated differently according to the fault behavior of the parties.

analysis

Before the contract is confirmed to be invalid, the losses caused by the property acquired by the parties in performing the contract as agreed, or the expenses paid for preparing to perform the contract, shall be borne by the fault liability that caused the contract to be invalid; The losses caused by the breach of contract by the parties in the performance of the contract, that is, the losses caused by new faults in the performance process, such as the supplier submitting goods that do not meet the agreed quality, the supplier failing to deliver the goods according to the contract, and the buyer failing to pay for the goods, are all caused by the unilateral breach of contract, and should be borne by the actor alone, not by the responsible party that causes the contract to be invalid.

24. The damages for invalid contracts are compensation for fault in contracting in nature, and the principles and methods of liability for fault in contracting are applicable.

analysis

The loss caused by the invalidity of the contract is caused by the negligence of both parties in the process of entering into the contract through consultation. After the contract is confirmed to be invalid, the loss suffered by one party based on its trust in the other party is caused by the negligence in the process of concluding the contract, and its claim for compensation based on the liability for negligence in concluding the contract conforms to the objective process of the development of things.

25. If one party to an invalid contract commits a vicious illegal act, it has no right to claim damages.

analysis

The compensation for the loss of invalid contract must be based on the condition that the compensated party has no vicious illegal act, that is, it has unintentionally violated the national interests and social public interests. That is to say, one party who commits a vicious illegal act has no right to compensation. If both parties commit a vicious illegal act, neither party has the right to compensation. However, for an invalid contract, the vicious illegal behavior of one party does not affect the right of compensation of the other party without fault.

26. The principle of fault liability shall apply to the compensation for the damages caused by invalid contracts; If both parties are at fault, the principle of fault offset should also be applied.

analysis

After the contract is confirmed to be invalid, the party liable for compensation must be at fault, that is, the principle of fault liability shall be applied to the compensation for the damage caused by the invalid contract, and the severity of the fault of the party shall be taken as a standard for the division of responsibility. If the parties are not at fault, they will not be liable for compensation. If both parties are at fault, no matter whether one party suffers losses or both parties suffer losses, the principle of fault offset should be applied, and both parties should bear corresponding responsibilities to each other according to the degree and nature of their own faults.

27. The scope of the property loss of an invalid contract shall be limited to the actual loss, which does not include the loss of the interests of the compensated party.

analysis

Article 157 of the Civil Code stipulates clearly that "the party at fault shall compensate the other party for the losses thus suffered", that is, the principle of invalid contract to compensate the actual losses. The actual loss is different from the actual loss of the parties to a valid contract. The actual loss of the parties to a valid contract includes the loss of the parties’ available interests, but the actual loss of an invalid contract does not include the loss of the parties’ available interests.

28. When determining the liability of the parties to an invalid contract for compensation of reliance interest, the scope of reliance interest cannot be determined by referring to the contract.

analysis

On the one hand, when the contract is invalid, the agreed liquidated damages and other provisions are naturally invalid and cannot be used as the basis for determining the liability for contracting negligence. On the other hand, when the contract is valid, the agreed liability for breach of contract is not necessary to have actual losses, and the non-breaching party does not need to prove that it has suffered actual losses. In the case of invalid contract, if one party requests the other party to bear the responsibility for contracting fault, it must prove that it has suffered actual losses. This is also the reason why we can’t refer to the contract to determine the liability for fault in contracting. It should be noted that Article 793 of the Civil Code stipulates that the construction contract of a construction project is invalid, but if the construction project is qualified after completion and acceptance, the contractor may request the employer to make discount compensation according to the contract agreement on the project payment. When the construction project is completed and accepted and the contract is invalid, the employer’s possession of the construction project constitutes unjust enrichment, and the so-called project payment requested by the contractor with reference to the valid contract belongs to unjust enrichment rather than damages in nature. For another example, a continuing contract, such as a lease contract, is invalid. If the lessee fails to pay the rent for the part that has been performed, the benefits obtained by occupying the lease item also constitute unjust enrichment, which can be handled with reference to the effective contract. In the above two cases, the return of unjust enrichment is handled with reference to the effective contract, while the liability for fault in contracting is handled with reference to the liability for breach of contract agreed in the contract.

29. The loss of reliance interest caused by invalid contract is limited to property loss, excluding personal injury or mental damage.

analysis

The loss of reliance interest belongs to property loss, excluding personal injury or mental damage. If a party suffers personal injury or mental damage in the process of concluding a contract, he shall make a request according to the relevant provisions of the Tort Liability of the Civil Code, but not based on the liability for negligence in concluding a contract.

30. After the contract is confirmed to be invalid or revoked, the compensation amount of the reliance interest that the victim should receive should not exceed all the benefits that should be obtained if the contract is valid and actually performed.

analysis

In nature, the compensation for loss of invalid contract is compensation for fault in contracting, and the principles and methods of liability for fault in contracting are applicable. Therefore, the object of compensation for loss refers to the loss of trust interests. The composition of trust interest should meet three conditions, that is, the two parties make reasonable contact for contracting, one party generates trust because of the other party’s behavior, and the other party spends a certain cost because of trust. The damage of reliance interest refers to the loss of the victim’s existing property. This kind of loss is limited to direct loss, which generally includes: reasonable expenses for contacting the other party and visiting the field because of trusting the other party’s invitation or invitation; Reasonable expenses incurred in making various preparations for signing a contract; Reasonable expenses for negotiation. The loss of reliance interest generally does not include indirect losses such as missed opportunity loss, otherwise, reliance interest may be rambling and unduly increase the responsibility of the parties. In short, in principle, the compensation of reliance interest cannot exceed the performance interest. That is to say, after the contract is confirmed to be invalid or revoked, the compensation amount of the trust interest that the victim should get should not exceed all the benefits that should be obtained if the contract is valid and actually performed.

31. Whether the loss of reliance interest after the contract is invalid should be fully compensated should be determined according to the actual situation of the case.

analysis

Damage compensation within the scope of trust interests is not necessarily full compensation. Even if it belongs to the trust interest, whether it should be fully compensated should be determined according to the actual situation of the case. If some expenses incurred in the process of contracting belong to expenses incurred even without contracting, they should not be compensated; If expenses are paid for preparing for the performance of the contract, but benefits are gained at the same time, the benefits shall be deducted before calculating the expenses; Equipment, tools, etc. purchased to prepare for the performance of the contract should also consider whether there are other uses after the contract is invalid.

32, after the contract is invalid, the compensation for damage to reliance interests shall be subject to the negligence offset rule.

analysis

The rule of negligence offset should be applied to the compensation for the damage of trust interests. If the contract is invalid and the victim is at fault, the victim should bear corresponding responsibilities according to his own fault degree. Article 157 of the Civil Code stipulates that "if both parties are at fault, they shall bear corresponding responsibilities", which is the embodiment of this rule.

33. Whether the loss caused by the damage or loss of the subject matter of an invalid contract belongs to the actual loss of an invalid contract depends on whether the loss is caused by the fault of one or both parties in concluding an invalid contract.

analysis

If the subject matter of an invalid contract has been damaged or lost, if it is caused by the fault liability of one or both parties in concluding the invalid contract and the subject matter cannot be returned, the loss of the subject matter is the actual loss of the invalid contract; If the subject matter cannot be completely returned, the returned part is not a loss, and the loss of the failed part is the actual loss of the invalid contract. If it is caused by the new fault liability of one or both parties during the performance of the invalid contract, and the subject matter cannot be returned, the loss of the subject matter shall be borne by the party in fault and cannot be regarded as the actual loss of the invalid contract.

34. The losses caused by new faults in the process of performing an invalid contract do not belong to the actual losses of the invalid contract.

analysis

To determine the actual loss of an invalid contract, we must correctly distinguish whether the loss is caused by the fault of concluding the invalid contract or by the new fault in the process of performing the invalid contract. If it is the economic loss caused by the former, it is the actual loss of the invalid contract, and the party at fault that caused the contract to be invalid shall be responsible for compensation; If it is the economic loss caused by the latter, it is not the actual loss of the invalid contract, and the party at fault who caused the economic loss should be responsible for compensation. For example, the loss of the subject matter caused by improper custody of one party, the extra expenses incurred by the subject matter being sent to the destination by mistake due to negligence of one party, etc.

35. The bank loan interest payable by the parties to an invalid contract cannot be regarded as the actual loss of the invalid contract.

analysis

If the loan contract is invalid, the loan interest cannot be regarded as the actual loss of the invalid contract and shall be borne by the party responsible for the fault. Because the bank loan interest is legal interest, which is part of the loan. If it is assumed as the actual loss of an invalid contract, it will actually harm the interests of the creditor bank. Even if the borrower is at fault and bears part of the interest, this does not reflect the fault liability of the parties, because the part borne by the borrower is its original legal obligation. It can be seen that the loan contract is invalid and the loan interest is not the actual loss of the invalid contract. If other contracts are invalid, and the parties to the invalid contract use the loan to perform the invalid contract, the bank loan interest payable for this purpose shall be regarded as the actual loss of the invalid contract, and the party responsible for the fault that caused the contract to be invalid shall be liable for compensation.

36. The expenses incurred by the parties to an invalid contract in engaging a lawyer in litigation cannot be regarded as the actual loss of the invalid contract.

analysis

The expenses incurred by the parties to an invalid contract in engaging a lawyer in litigation are not the losses caused by the fault liability of the parties in concluding the invalid contract, but the expenses voluntarily incurred by the parties in engaging a lawyer to represent them in litigation, so they cannot be regarded as the actual losses of the invalid contract.

37. The property that should be recovered by the parties to an invalid contract according to law does not belong to the actual loss of the invalid contract.

analysis

Recovering property is the economic sanction imposed by the state on a seriously invalid contract, that is, on one or both parties to the contract who intentionally violate the national interests or social public interests. Therefore, the property that should be recovered by the parties to an invalid contract according to law does not belong to the actual loss of the invalid contract.

38. If the subject matter of an invalid contract has been legally acquired by a third party in whole or in part, its loss belongs to the actual loss of the invalid contract.

analysis

Where the subject matter of an invalid contract has been legally acquired by a third party in whole or in part, if the subject matter has been legally acquired by a third party and cannot be returned, the value of the subject matter shall be calculated and paid by one party to the other; If part of the subject matter has been legally acquired by a third party, and part of it is still in one party, and it cannot be returned in full, part of the subject matter in one party shall be returned to the other party, and the value of part of the subject matter legally acquired by a third party shall be calculated, and the party liable for return shall pay it to the other party; If part of the subject matter has been legally acquired by a third party, and part of it has been lost and cannot be returned, the above methods can be applied analogously.

39. The starting time of property losses caused by an invalid contract shall be determined according to whether the contract has been performed or not.

analysis

The starting time of property losses caused by invalid contracts can be summarized as follows: for contracts that have begun to be performed, it starts from the date of performance; A contract that has not yet been performed shall be counted from the time when the offer takes effect or when the contract is formally established. This understanding is mainly to protect the legitimate rights and interests of the innocent parties.

40. If the contract is confirmed invalid after the expiration of the performance period, the deadline for calculating the property loss of the invalid contract shall be the expiration date of the performance period of the invalid contract.

analysis

If the contract is confirmed to be invalid after the expiration of the contract performance period, the end date should be the date when the contract performance period is confirmed to be invalid, which is both the final date of contract performance and the end date of invalid behavior. The loss before this date is of course the loss of invalid contract (here refers to the situation that the invalid contract has been performed); After that, the property acquired by the parties has changed from the acquisition agreed in the contract to the unilateral illegal possession, and the legal relationship of obtaining the property has changed from the contractual debt to the tort debt. At this time, the loss should be caused by tort, not by the invalidity of the contract, and the compensation for the loss should be borne by the infringer, not by the contractor.

41. If the contract is confirmed to be invalid before the expiration of the performance period, the deadline for calculating the property loss of the invalid contract shall be the date when the court of first instance or the arbitration institution confirms that the contract is invalid.

analysis

For losses that are confirmed to be invalid before the expiration of the contract performance period, the initial confirmation date (that is, the confirmation date of the court of first instance or the arbitration institution) shall be taken. If the parties refuse to accept the appeal, the confirmation has no legal effect. At this time, the date of initial confirmation still ends, which should be said to have no influence on the calculation of losses. Because if the judgment is to uphold the original judgment, the initial confirmation date will have legal effect; If the judgment is amended, there will be no problem of invalid contract and no need to calculate invalid losses.

42. When the subject matter of an invalid contract cannot be returned or cannot be returned in full, the actual loss of the invalid contract shall be determined according to the market price of the subject matter at the time when the invalid contract is concluded.

analysis

When the subject matter of an invalid contract cannot be returned or cannot be returned in full, attention should be paid to the calculated price of the subject matter when calculating the actual loss of the invalid contract. The invalid contract is not recognized by law, and the price of the subject matter stipulated in the contract is naturally invalid. Therefore, the loss cannot be calculated by the price of the subject matter stipulated in the invalid contract. There is no legal basis to calculate the loss according to the market price of the same or similar subject matter when the court handles the invalid contract dispute, because the market price varies greatly with the change of time and different regions, and often either makes one party to the invalid contract profit or aggravates the loss. In addition, the price of the subject matter obtained by the third party, whether it is lower than the price stipulated in the invalid contract or higher than the price stipulated in the invalid contract, cannot be used as the basis for calculating the loss. A more reasonable approach should be based on the market price of the subject matter when concluding an invalid contract.

43, only when there is a causal relationship between the loss and the fault of the invalid contract, the actor should bear the corresponding liability for compensation.

analysis

Causality in compensation for invalid contract means that there is a causal relationship between one party’s illegal behavior and the damage result of the other party. The loss caused by the invalidation of the contract must be caused by the illegal behavior of the party that caused the invalidation of the contract, that is, there is a causal relationship between the loss and the fault that caused the invalidation of the contract. Only when there is a causal relationship between the two, the actor should bear the corresponding civil liability. In practice, determining the causal relationship between loss and invalid contract includes both the conclusion of invalid contract and the violation of the principle of good faith by the parties during the performance of the contract. Losses unrelated to the conclusion and performance of the contract cannot be included in the scope of compensation. That is to say, the parties should distinguish their respective responsibilities according to the degree of violation of the principle of good faith, and share the losses according to their respective faults.

44. After the contract is confirmed to be invalid, the limitation of action shall apply to the claim for compensation for losses.

analysis

After the contract is confirmed to be invalid, the contractual relationship between the parties no longer exists, and the compensation liability of the parties is obviously not based on the violation of the valid contract, nor is the victim’s claim for compensation based on the contractual rights. The right of claim is based on the fault in contracting. The right of claim for contracting fault is the right of claim for creditor’s rights, and the limitation of action should be applied. Source: the Supreme People’s Court Judicial Case Research Institute, Law 45 Degree, Shanghai No.2 Intermediate People’s Court.

Original title: Analysis on the Application Points of the Rules for Handling Invalid Contracts in the Civil Code

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Comments on the Opening Ceremony of the Military Games： Military Glory, Blooming Tonight

　　At the moment when Fidi Pitz flew more than 40 kilometers and shouted "We have won" to the people who were waiting anxiously with the last strength in his body, the soldiers and sports were closely linked by this brave soldier in the name of life, and since then sports and soldiers have forged an indissoluble bond.

　　Sports, based on military practice and interacting with improving the combat effectiveness of soldiers, embodies the value pursuit of soldiers, shows their spiritual outlook, blends their wisdom in the art of war and condenses their outstanding contributions.

　　When 109 countries, 9308 athletes, nearly 60 thousand live audience, billions of TV viewers; East and west, the world and China, we, you and them, stare together and witness together:

　　At 8 o’clock on the evening of October 18, 2019, a new chapter on the history of military sports was born in Wuhan Sports Center.

National Flag of the People’s Republic of China and the flag of the International Military Sports Council enter the stadium. Liu jun photo

　　5,000 years of long river, the fire of noble civilization shines here tonight.

　　More than 1,000 ancient shields and more than 1,000 towering people formed a magnificent "shield array" in the open central venue of Wuhan Sports Center. Under the dazzling light, the "shield array" fluctuates and changes different elements with the beat of music. When the word "harmony" was presented to the world, the whole gymnasium burst into deafening cheers.

　　At this moment, people can’t help looking back at the vicissitudes of time, and time is like water. How many times has the Chinese civilization, the only civilized flame in the world, transmitted friendship to the world without interruption for thousands of years? In the historical picture of human development, there have been many indelible "China marks".

　　When the long river of history flows forward, Chinese’s simplest wish is presented to the world: all-encompassing, and all the seas are peaceful. On the white paper of human civilization, our ancestors carved indelible marks with such spirit and verve. They never bully and are never narrow-minded. This nation has brought changes to the world, and such changes are in the "Silk Road", in harmonious coexistence and in common development.

　　Through amazing performances, what runs through its form and meaning and permeates its charm is an idea and pursuit that Chinese civilization has respected and guarded since ancient times, and it is the Chinese nation’s yearning for peace, harmony and harmony.

Cultural performances at the opening ceremony of the 7th military world games. Photo by Zhang Mingjun

　　Since ancient times, the Chinese nation has been a nation that knows how to pursue goodness and beauty, pursuing "a trip to the avenue" and pursuing harmony between people and between people and nature. Perhaps it is the word "harmony" that doomed military world games’s meeting with us.

　　74 years of peaceful watch, 24 years of joint efforts, embracing this moment in the name of sports.

　　"Sports always bridge the gap, but never build walls to increase the gap," said IOC President Bach in a video address to the opening ceremony of the 7th military world games.

　　Looking at the history of the world, we will find that in the thousands of years since written records, the time of real peace is only a few hundred years. A peaceful and stable social environment is what people of different colors and races most yearn for and pursue.

　　Seventy-four years ago, when the smoke of World War II cleared away and experienced the shadow and disaster brought by the war, people and soldiers all over the world cherished the hard-won peace more and more. In February, 1948, the International Military Sports Council was established, with the aim of "sports spread friendship", so that soldiers from all countries can meet each other on the field instead of on the battlefield.

　　In 1995, the 50th year after the end of World War II, soldiers from all over the world met for the first time under the banner of peace. Since military world games was held, every session of our army has sent a strong lineup, produced excellent results, conveyed sincere friendship to soldiers of various countries, and expressed the yearning for peace to the world. In this year’s military world games, 553 people were selected from the whole army to form our military sports delegation to participate in 24 competitions and 2 performances except golf. At the previous six World Military Games, our military delegation won the second place in the gold medal list for four times and the third place for two times respectively, and was praised as one of the "most worthy of attention and respect" teams at the World Military Games.

　　From the first "a peace celebration with special significance in the world military history" to today, China has made joint efforts with other countries in the world to gradually push military world games to a higher, farther and more influential position. China, as the host of this year’s Military Games, has achieved many firsts: the first to build a military sports village, the largest number of participating countries and athletes, the comprehensive application of the most advanced broadcasting technology in the industry, and so on.

　　"We sincerely support and love this grand event, and at the same time, this sports meeting will let the world know more about our great Wuhan and our strong country." Liu Shiran, a taxi driver in Wuhan, said.

　　At the opening ceremony, the program "Teacher of Peace" performed by soldiers brought unforgettable shock just after its debut: 1,792 rifles danced up and down, 1,792 pairs of feet were solid and powerful, 1,792 faces were firm and sunny, and 1,792 peacekeeping and blue helmets showed the world the elegance of China’s army.

At the opening ceremony, the program "Teacher of Peace" was presented. Photo by Zhang lei

　　Military world games is a beautiful window, through which people can learn more about soldiers from all over the world. Similarly, through this window, the world will know more about China and China soldiers. China has welcomed such an international event with a brand-new look, a responsible image as a big country and a confident and peaceful mind. Not only that, we will make the Games better and more outstanding.

　　With hope, the five continents and four seas will "create military glory" and "build world peace"

　　When athletes from all over the world walked onto the main stadium tonight with national flags in their hands, the audience applauded warmly for a long time. Hunting with a standard is not for fighting. On the big stage of military world games, military athletes from all over the world dressed in military uniforms began their first appearance at the 7th military world games. They waved enthusiastically and were all smiles. This smile tells the world that they are about to stage a wonderful chapter of their own on the magnificent big stage of the military games.

　　As the highest military sports event today, a large number of star athletes gather in the stadium. Whenever a familiar figure appears, there will always be a cry of surprise in the crowd. Many of them have made it their goal to win gold medals or medals. And more athletes, although they are not popular in winning medals, will never lose to any popular stars in their hearts.

　　As a grand event for military athletes, the military games make countless military athletes’ dreams come true and create their own glorious moments. At the same time, it is also a big family for the world’s soldiers to get along with each other, get to know each other and share joy.

　　In the long-awaited event, Zhang Wenxiu, a female hammer thrower of Bayi Track and Field Team, runner-up of the 2015 World Track and Field Championships, runner-up of the 2016 Rio Olympic Games and winner of the two-time military games, ran into the venue with the torch. In the warm cheers of the audience, she passed the flame to Wang Hao, vice captain and coach of Bayi table tennis team, two-time Olympic champion and three-time world table tennis champion. With the handover of Jin Yongde, Wang Tanglin, Jiao Liuyang, Yang Junjing, Shoupeng Wang and Liu Yudong in turn, the military torch passed the last distance of the military games.

Torch relay. Photo by Zhang Mingjun

　　Under the eyes of the public, standing in the center of the audience, Liu Yudong, the former China Bayi Men’s Basketball Team player, is known as the "God of War". He held the torch high in his hand and strode to the main torch platform. He gently extended the torch to the ignition point, water and fire magically blended, and the flame rose. Suddenly, the main torch spewed a blazing fire and lit up the night sky in Wuhan.

　　At this moment, military world games opened a new page; At this moment, the history of competitive sports in China has written a new chapter; At this moment, the glory and dreams of the world’s military athletes are in full bloom.

　　When the flame shines in Jiangcheng, the World Military Association will officially open. When we enjoy the colorful games, we must not forget that peace is the common aspiration of mankind. Forget the opposition, there is no conflict here; Forget the war, there are no enemies here! The 7th military world games sent this message to the world — — We hope to "create military glory" and "build world peace" with the people of the world.

The moment the flame is lit. Liu jun photo

　　I hope that the 7th military world games will give all participants a wonderful memory and touch under the backdrop of the flaming flame — — At least, a few years later, when we think back to this night when soldiers from all over the world gathered together, what we think of in our hearts is peace and harmony. (Reporter Zhang Xiaojun)

The names of private rooms in these restaurants are much more wonderful than the dishes in his home.

Original Liu Kan Kan Shi Wu suo

China’s catering industry

As a small branch of the advertising industry

Has always maintained a leader level in copywriting attainments.

We’ve seen it before.

This time

Owners of major restaurants in China

Once again, with their private room name copy

With their literary attainments

It’s amazing that we eat by typing …

The room names of these restaurants

Much more wonderful than their dishes!

Plain and unpretentious type

"Hard food, few words"

Common names:

V001、V002、V888

The naming elements of private rooms are the first.

Is to be neat in the fight

So take a private room name.

Arabic numerals without any emotion.

Is the real equal treatment

Eat in these private rooms

You can completely trust the taste of their dishes.

Such restaurants are honest people in the catering industry.

Just like at school.

A person who likes to make a fancy book bag.

Generally, the academic performance is not very good.

Real schoolmaster

Don’t even wrap the book cover

Ancient style and elegant rhyme type

Folk inheritors of ancient Chinese poetry

Common names:

Hongmeixuan and Rose Pavilion

Tune the tune and remember Jiangnan.

Mei Lan Zhu Ju Peony Ginkgo biloba

This flower name is used as a private room name.

It is also a common safety sign in restaurants.

According to my unscientific statistics

80% people have eaten in a private room called Chrysanthemum Hall.

The restaurant rooms called Chrysanthemum Hall in China add up.

Probably as many as Wang Gang.

Getting good is elegance.

If you can’t get it right, it will be like the shooting place of a third-rate costume TV series.

感觉自己是在古代夜总会吃饭

下一秒就会有位

犹抱琵琶半遮面的歌女来敲门

让客官行行好，帮她赎身

除此之外

比较常见的包间名字古风派代表是词牌名

水调歌头、满江红、沁园春

目的就是让每个顾客

在满足口腹之欲的时候

都不会忘记国学经典

最好能当场开始背诵《唐诗宋词三百首》

心有多大世界就有多大型

“别人取名字翻字典，

我取名字翻地图”

Common names:

好望角、天安门、上海滩

世界版图有多大

包间就有多大

感觉这类餐馆老板

恨不得把世界地图挂在餐厅门口当屏风

一个餐厅就是一个联合国

大多数包间的取名逻辑

是按照菜系划分的

就像火锅店

总会有个包间名字叫洪崖洞

湘菜馆

都会有个包间叫橘子洲头

而茶餐厅

常见的包间名字是铜锣湾

一定程度上缓解了

身在外地却想吃家乡菜的朋友

浓浓的思乡游子情

但如果味道不好吃

就会很像盗版一日游野鸡团

不但没有体会到家乡的味道

感觉还给老家抹黑了

@大黑猫 去年在北京走进了一家川菜馆

包间名字分别叫成都、绵阳、乐山、自贡……

就还没喝酒脸就上头了

一边抹眼泪一边背诵《回乡偶书》

Later, I regretted it as soon as the food was served.

The sea peppers in the dish are all disguised as watercress.

I didn’t know the boss was from the northeast until I asked.

@ Big Black Cat couldn’t wait to take down the brand name of the private room and confiscate it.

Wuxia type

"Where the heart is, there are rivers and lakes."

Common names:

Liangshan and Yitianlou in Shui Bo

If the restaurant named after the epigraph

It’s graceful

Then what we are going to introduce here is the unrestrained school.

Every restaurant owner who gives a private room a martial arts name.

There is a dream of rivers and lakes behind it

Jin Yong’s novels by Gu Long

Water Margin Three Kingdoms Performing Arts

All the place names that appear in it

They can all believe it.

Even when choosing a name

I will also talk to myself repeatedly to simulate the customer’s conversation scene.

Beat my thigh with my wonderful idea

"I’m here. Where are you?"

"I became sworn in Taoyuan."

in fact

Customers rarely get the humor of the boss of the martial arts school.

When @pop is dating,

The other party chose a restaurant named Liangshan, Shui Bo.

I also booked a private room with a big round table.

The name is leopard head

There is no drink cup on the dining table.

Drink all the soy milk in a bowl.

It doesn’t feel like a blind date, it feels like becoming sworn brothers.

Cosplay subject type

"Actors in Place in the Catering Industry"

Common names:

Xx production brigade, x class in x years

There is every reason to suspect.

The purpose of this type of restaurant owner

Even if the taste of the restaurant’s dishes can’t stabilize customers

Then I must also attract customers in other ways.

Common theme styles

It was the rural construction wind during the Great Leap Forward period.

Theme of student times

The names of private rooms are called one class a year,

Class 2, three years, teaching room, principal’s office

Feel that people who come to eat

It’s like I haven’t studied enough.

I miss nine-year compulsory education for the rest of my life.

This is not a primary school, this is a hot pot restaurant.

The construction theme of the third-line factory in the 1980 s

There are oil refining department, fertilizer department and factory director’s office respectively.

Round every customer’s dream of state-owned enterprises.

It is recommended to eat with iron rice bowls.

The position of these restaurants in the catering industry

It’s like Jing M.Guo in Actor in Position.

How fancy is it?

Do whatever the topic is high.

Not only does the name of the private room match the theme

Even the waiter’s clothes

And the overall decoration of the restaurant

Everyone wants to follow a complete script setting.

It can be called the replacement of immersive stage play.

Common problems of this kind of restaurants and restaurants.

It is often found at the end of eating.

The last to eat

Or just the waiter’s cosplay performance?

Because the performances are terrible.

There are some retro restaurants.

The name of the room is simply called:

Aunt’s house, uncle’s house

Really did it.

Treat customers as family.

I feel that I can take off my shoes and get on the kang when I go in.

Boss’s smuggling type

"Whatever I want, as long as I like it."

Common names:

No, it’s hardly common.

The central idea that the boss wants to convey

There is only one:

You are all guests, and only I am the host.

So come to my house and be polite.

▲

Zhongnanhai, White House, Cheongwadae

I feel that these places are not suitable for eating and drinking.

It is suitable for the boss to take turns telling everyone about the international political situation.

▲

If the above is about the international situation,

The following private rooms are more suitable.

Talking about the price of rice, flour, grain and oil.

Everyone is a village cadre who is concerned with rural construction.

▲

You can see the boss’s nationality.

Real Versailles

Even the name of the dining room is a luxury brand.

▲

The burning soul of the fans

The name is also very strict.

With Real Madrid, there is no Atletico Madrid.

Avoid the bloody scene of derby.

It’s just not suitable for stringing rooms

Be prone to conflict

▲

Country love story vermicelli club

It is reasonable to suspect that the name of the restaurant is

Ivory mountain

▲

The boss is a homophonic terrier?

▲

The second season of TV series "Everything is fine"

The shooting scene

Count the names of these private rooms carefully

I just want to give all restaurant owners

Request a SHE song.

What a humorous Chinese.

What beautiful Chinese.

It is recommended that all employees in the advertising industry

I feel that my keyboard has lost power.

When the copywriter loses his soul

You can talk to the restaurant owners.

Maybe they can all get under the cutting board of the stove

Take out a copy book that is going to be used to make a fire.

Show you the way forward

Welcome to chat in the comments section.

The funniest private room name you have ever heard.

/The author of this article Liu Kan/

What are you looking at? Don’t look.

"Director’s personal WeChat trythings2

Are there any restaurants featuring new media? "

People who like this content also like it.

Original title: "Illustrated names of restaurants in China, every boss is a literary star"

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The most popular GAC Toyota is about 125,800, a joint venture car, and it is fuel-efficient and open-resistant.

For discerning consumers, the size of a car space can no longer be an important indicator for them to buy a car. I don’t know if you know anything about what is introduced today. Let’s take a look at it next.

Let’s look at the appearance of Feng Landa first. The design of Feng Landa’s front face is more elegant and looks more capable. Coupled with the headlights, the visual effect is very eye-catching. 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 car side, the car body size is 4485MM*1825MM*1620MM, and the car adopts fashionable and simple lines, which gives people a very stable and atmospheric feeling. With large-sized thick-walled tires, the overall visual effect is very delicate. In the design of the rear end, the overall shape of the rear end of Flananda echoes the front end, and the taillights look very personal. Coupled with the unique exhaust pipe, the overall shape is still very attractive.

In terms of interior, the interior modeling has taken a solid route and the visual effect is good. The steering wheel design of the car is very cold, made of genuine leather, and feels good. From the central control point of view, the design of the center console is reasonable, which makes the interior style impressive and conforms to the temperament of the car. The dashboard and seats give people a good feeling, too. Let’s take a look. The dashboard design is remarkable, highlighting the trendy temperament. The car uses imitation leather seats, equipped with electric seat adjustment, seat proportion down and other functions, which is basically enough for daily use.

The performance of the trunk space of Flananda is relatively good, the opening size is in line with its positioning, and the family’s storage needs can be met. At the same time, the car is equipped with anti-lock braking (ABS), LED daytime running lights, brake assist (EBA/BAS, etc.), braking force distribution (EBD), traction control (ASR/TCS, etc.), main driver airbag, co-pilot airbag, knee airbag, side airbag curtain, front side airbag and other safety configurations.

The moderate size of the car is a very suitable choice for many families, and the internal space is enough for daily use in families. If you are concerned, you might as well experience it.

The Ministry of Industry and Information Technology issued the Provisions on Handling Reports of Illegal Acts in the Telecommunication Field.

　　Cctv newsAccording to "Gong Xin Wei Bao" news, in order to standardize the handling of illegal reporting in the telecommunications field, maintain the order of the telecommunications market, and protect the legitimate rights and interests of telecom users, the Ministry of Industry and Information Technology recently issued "Regulations on Handling Illegal Reporting in the Telecommunications Field" in accordance with the Administrative Punishment Law of the People’s Republic of China, the Regulations of People’s Republic of China (PRC) Telecom and other laws and regulations, combined with the actual work. The "Regulations" came into force on June 1, 2023, mainly stipulating the basic requirements for reporting, stipulating the acceptance requirements, improving the handling procedures, standardizing the classification requirements, and refining the handling requirements such as reply and transfer.

　　Provisions on handling reports of illegal acts in the field of telecommunications

　　Chapter I General Principles

　　the first　In order to standardize the reporting and handling of illegal acts in the telecommunications field, maintain the order of the telecommunications market, and protect the legitimate rights and interests of telecommunications users, these Provisions are formulated in accordance with the Administrative Punishment Law of the People’s Republic of China, the Regulations of People’s Republic of China (PRC) Telecom and other laws and regulations, and combined with the actual work.

　　the second　These Provisions shall apply to the work of the Ministry of Industry and Information Technology and the Communications Administration of provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to as the competent telecommunications authorities) in handling reports of illegal acts in the telecommunications field.

　　The term "report" as mentioned in these Provisions refers to the behavior that citizens, legal persons or other organizations (hereinafter referred to as informants) report to the competent telecommunications authorities that telecom operators or other relevant subjects are suspected of violating the relevant provisions of telecommunications supervision and management, and request to investigate and deal with them according to law.

　　Article　When handling reports, the competent telecommunications authorities shall abide by the principle of statutory authority, take facts as the basis, take the law as the criterion, and handle them fairly, fairly and efficiently.

　　Article 4　The report shall be handled by the Communications Administration of the place where the reported illegal act occurred; Where laws, administrative regulations and departmental rules provide otherwise, such provisions shall prevail.

　　Chapter II Handling

　　Article 5　The competent telecommunications department shall publish information such as the ways and scope of receiving reports. The competent telecommunications authorities can set the comprehensive channel for receiving public demands as the channel for receiving reports, or they can set the channel specially used for receiving reports.

　　Article 6　Informants should report objectively and truthfully, and be responsible for the authenticity of the materials they provide. Informants who fabricate or distort facts and falsely accuse or frame others shall bear corresponding legal responsibilities according to law.

　　Article 7　When making a report, an informer shall submit the specific facts and relevant evidence necessary to prove the fact that the informer is suspected of violating the provisions on telecommunications supervision and administration. In case of real-name reporting, the informant’s real name (name), effective contact information and relevant licenses shall also be submitted.

　　Informants who entrust others to report on their behalf shall provide the real names, effective contact information, relevant licenses, power of attorney and other materials of the informants and the clients. The power of attorney shall specify the entrusted matters, authority and time limit, and shall be signed (sealed) by the informant and the principal.

　　Article 8　If the materials submitted by informants meet the following conditions, the competent telecommunications department shall accept them:

　　(a) the reported behavior is suspected of violating the relevant provisions of telecommunications supervision and management;

　　(2) It falls within the statutory duties of this organ;

　　(3) The reporting materials meet the requirements of these Provisions.

　　Article 9　The materials submitted by the informants shall not be accepted by the competent telecommunications authorities under any of the following circumstances:

　　(a) does not belong to the scope of statutory duties of this organ;

　　(two) there is no clear informants;

　　(three) there are no specific illegal facts or lack of relevant evidence necessary to prove illegal facts;

　　(four) the report has been accepted or settled by the competent telecommunications department, and the informant has repeatedly reported the same fact without new evidence;

　　(five) other circumstances that should not be accepted.

　　Where the reported materials are under the circumstances specified in Item 2 or Item 3 of the preceding paragraph, the competent telecommunications department may require the informant to submit the relevant materials within a reasonable period of time. If the whistleblower fails to make up the report within the time limit, it shall be deemed as giving up the report.

　　Article 10　If the parties raise other matters such as consultation, government information disclosure, administrative reconsideration, administrative license, accusation and complaint through special reporting channels, or the report contains the above-mentioned other matters, the competent telecommunications department may inform them to raise the other matters through corresponding channels; The telecommunications authorities may, when accepting the report, handle it together according to the relevant provisions of the Measures for Handling Complaints of Telecommunications Users, or inform them to file it through the channels of complaints of telecommunications users.

　　If the competent telecommunications department decides to accept the complaints of telecommunications users in accordance with the provisions of the preceding paragraph, it may handle the complaints by its own organ or refer the complaints to the complaint accepting institution of telecommunications users for handling.

　　Article 11　If the parties concerned report through special channels such as government information disclosure, telecom users’ complaints, administrative reconsideration, administrative licensing, and accusation, the competent telecommunications department may inform them to report through the reporting channels.

　　Article 12　The competent telecommunications department shall, within 15 days from the date of receiving the report materials, examine and decide whether to accept it. If it is not accepted, it shall inform the real-name whistleblower in writing and explain the reasons; If the real-name whistleblower is not informed within 15 days that it will not be accepted, it will be regarded as accepted.

　　Chapter III Managing Affairs

　　Article 13　After accepting the report, the competent telecommunications department shall review the report materials and deal with them according to the following circumstances:

　　(a) according to the report materials, can be found to meet the standards of administrative punishment, in accordance with the relevant provisions of the "Administrative Punishment Law of the People’s Republic of China" in a timely manner;

　　(two) according to the report materials, it can be determined that there is no relevant illegal behavior of the reported person, and the real-name informant will be informed in writing of the determination;

　　(three) according to the report materials, it can be determined that the reported person is suspected of violating the provisions of telecommunications supervision and management, but lacks preliminary evidence to prove the illegal act, and further investigation;

　　(4) If the reported problem has been dealt with in other reports or other cases, or the conclusion has been reached, and the report materials do not provide new information and new evidence, the real-name whistleblower shall be informed of the confirmation in writing.

　　Article 14　The telecommunications authorities may investigate the informants, informants or relevant personnel, and the informants, informants or relevant personnel shall cooperate, truthfully answer the inquiries and provide relevant evidential materials.

　　Handling the report requires the assistance of other communication administrations in the investigation. If the assistance matters fall within the scope of the functions and powers of the requested communication administration, the requested communication administration shall provide timely assistance.

　　Article 15　The competent telecommunications department shall, within 60 days from the date of receiving the report, make the following treatment, and give a written reply to the real-name whistleblower in accordance with the provisions of Article 17 of these Provisions:

　　(1) If no illegal act is found or the time limit for administrative punishment has expired, the investigation shall be terminated;

　　(2) If it is found that there is an illegal act but there is no penalty, it will not be punished and ordered to make corrections;

　　(three) found to meet the standards of administrative punishment, in accordance with the relevant provisions of the "administrative punishment law" of the people’s Republic of China in a timely manner;

　　(four) if the illegal act is suspected of committing a crime, the case shall be transferred to judicial organs in a timely manner according to law, and criminal responsibility shall be investigated according to law.

　　If the competent telecommunications department is unable to complete the investigation or make the above-mentioned treatment within the time limit specified in the preceding paragraph, it may extend the processing period once with the approval of the person in charge of this organ or the relevant person authorized by it, but the extension period shall not exceed 30 days, and inform the real-name whistleblower in writing of the processing progress and extension.

　　Article 16　If an informer makes multiple reports on the same kind of matters, or if multiple informers make multiple reports on the same kind of matters, the competent telecommunications department may handle and reply together.

　　Article 17　The competent telecommunications department shall reply to the real-name whistleblower, and the content shall include the basic information, decision and reasons for the determination.

　　For the accepted report, before the competent telecommunications department makes a reply, if the informant voluntarily withdraws the report, the competent telecommunications department will no longer give a reply.

　　Article 18　After handling the report that meets the filing standard in accordance with the relevant provisions of the Administrative Punishment Law of the People’s Republic of China, the competent telecommunications department shall inform the real-name whistleblower in writing of the relevant decisions made.

　　Article 19　After investigation, if it is found that this organ has no responsibility for handling the accepted report, it shall promptly inform the real-name whistleblower to report to other communication administrations or administrative organs with responsibility for handling, or transfer the report materials and collected evidence to other communication administrations or administrative organs with responsibility for handling, and at the same time inform the real-name whistleblower of the transfer situation.

　　Communication administrations of provinces, autonomous regions and municipalities directly under the Central Government shall communicate in advance if they transfer the report to other communication administrations for handling. The transferred communication administration shall make a decision on whether or not to accept the report in accordance with the provisions of Article 12 of these Provisions from the date of receiving the report; Those that do not belong to this organ shall not be transferred again, and shall be submitted to the Ministry of Industry and Information Technology for decision within 7 working days.

　　Article 20　The competent telecommunications department shall, after handling the reported cases, timely file the relevant files.

　　Article 21　Telecommunications authorities and their staff shall keep confidential the state secrets, business secrets, personal privacy and personal information they know in the process of reporting, and shall not disclose them to units and personnel irrelevant to reporting or illegally provide them to others.

　　Article 22　If the staff of the competent telecommunications department abuses their powers, neglects their duties or commits other illegal acts in the reporting and handling work, the relevant responsibilities shall be investigated according to law.

　　Chapter IV Supplementary Provisions

　　Article 23　The written reply and notification mentioned in these Provisions include paper forms and electronic information forms such as platform SMS, email and network system reply.

　　Article 24　The relevant provisions of the administrative punishment procedure shall apply to the investigation work carried out by the competent telecommunications department. The provisions of these Provisions on the time limit, reply and notification shall not apply to the competent telecommunications authorities in handling anonymous reports.

　　Article 25　These Provisions shall come into force as of June 1, 2023.