Notice of Yueyang Municipal Bureau of Finance on Doing a Good Job in Editing and Examining 2022 Annual Budget Performance Targets

Yue Cai Yu [2021] No.165

Municipal budget units:

2022 is the year to promote the implementation of the "Measures for the Implementation of Yueyang Budget Performance Management". In accordance with the requirements of the Measures for the Administration of Budget Performance Targets in Hunan Province and the Notice of Hunan Provincial Department of Finance on Forwarding the Guidelines for Setting and Selecting Core Performance Targets and Indicators of Central Departments (Trial), in order to comprehensively promote the "six synchronizations" of budget performance targets and budgeting in our city, the same declaration, the same approval, the same publicity and the same operation, and the integrated mechanism of budget management and performance management, the budget performance of municipal fiscal expenditure in 2022 will be continuously improved. The relevant matters concerning the compilation of the 2022 annual budget performance target are hereby notified as follows:

First, the scope of performance objectives

All the policies, project expenditures and overall departmental expenditures of municipal budget units guaranteed by financial funds are fully covered and included in the management scope of editing and reviewing the budget performance targets in 2022. Among them, the project expenditure covers the declaration of medium-and long-term performance targets and annual performance targets, including departmental budget projects, municipal special projects and special transfer payment projects, except the following "three types of special projects": ① all kinds of personnel welfare benefits and subsidies, medical treatment special projects; (2) involving confidential projects (with confidentiality instructions); (3) special debt service, etc.

Second, the principle of performance objectives

In 2022, the application and review of the budget performance target should be based on zero, follow the idea of "funds follow the project", pay attention to the cost-effectiveness of project expenditure, and fill in the report in strict accordance with the instructions for reporting the budget performance target management report (Annex 1), and conform to the following principles: First, it is highly correlated. The performance target should be based on the financial affordability of the benchmark, and its performance indicators should be clear, related to the direction of expenditure and policy basis, related to the responsibilities of the department and its career development plan, and directly related to the content of the overall performance target. The second is to highlight the key points. Performance indicators should cover the main contents of policy objectives and expenditure direction, and indicators that can reflect the main output and core effect of the project should be selected, optimized and feasible, and focused. The third is quantitative and easy to evaluate. Performance indicators should be detailed and quantified, with clear evaluation criteria. Under the premise of controllable cost, performance indicators can be easily obtained through statistics, investigation and evaluation. Non-quantitative indicators should be expressed qualitatively with measurability, and can be judged by the evaluation method of analysis and rating.

Third, the performance target declaration and approval process

Following the principle of "department-finance-department" and "performance-budget-performance", the compilation of performance targets of the municipal budget in 2022 will be started simultaneously with the integrated reporting system of departmental budget management. By October, 2021, each budget unit has basically compiled the performance target of project expenditure according to the "One Up" procedure of departmental budget in 2022. In the next stage, it will focus on the reporting of performance target from "One Down" to "Two Up", as well as online and offline auditing. For the editing process, please refer to the "Flowchart of Reporting Performance Target of Municipal Departments" (Annex 4).

1. Budget unit preparation. According to the principal responsibility principle of "whoever applies for funds will prepare the objectives", the performance objectives are set by various departments and their subordinate units at different levels. The main reporting unit shall declare the performance target against the benchmark according to the budget preparation in 2022, and define the person responsible for the project performance. The project performance target declaration form prepared by the project unit shall be submitted to the budget department together with the project materials. The special funds and the department’s overall expenditure performance target declaration form (Annexes 2 and 3) compiled by the budget department shall be entered into the integrated budget management system synchronously with the department’s budget. Government procurement of more than 1 million yuan of service and engineering projects, the other needs to be submitted in the government procurement system.

2. Audit by the financial department. The compilation and review of the 2022 annual budget performance target shall be managed and reviewed by the financial department. That is, the preliminary examination of business departments and the review of budget and performance management departments. The municipal finance department has divided the budget unit corresponding to the centralized budget management department into two blocks (Annex 5), entrusted two third parties to implement performance target tracking and evaluation services, and organized the evaluation and evaluation of the reporting quality of budget performance targets of budget units and the service quality of third parties (Annex 6).

3. Third-party follow-up audit. In the audit stage of the financial department, the third party is entrusted to follow up and audit the performance target declaration of each budget unit in the whole process. From the aspects of project fund application, general situation of the project, performance objectives and performance indicators, etc., it shall be audited item by item according to the contents of the declaration form. First, whether the performance targets reported by the audit unit meet the scope of reporting, and whether there are targets that should be reported but not reported; Second, whether the contents of the audit objectives are complete and comprehensive, and whether the performance indicators are set scientifically, reasonably and clearly; The third is to review whether the project performance objectives are revised and improved according to the feedback. Fourth, focus on the new performance targets of budget units, as well as the capital projects with large deviation from the performance targets of last year, conduct key substantive audits, and evaluate the quality of declarations. Among them: if the audit result is "excellent", it will be passed directly; If the audit result is "general", feedback the relevant departments or units to modify and improve their performance objectives; If the audit result is "poor", feedback the relevant departments or units to re-submit according to the procedures.

4. Budget unit modification. Each budget unit shall refer to the audit opinions of the Municipal Finance Bureau and the third party feedback, and organize the departments and units to revise and improve the benchmark in time. For the compilation of performance targets of classified departments or classified projects, in accordance with this notice and other relevant provisions, the competent department shall organize its own audit and management, which may not be included in the scope of third-party services, but it is necessary to report the project expenditure list to the performance management department and counterpart business department of the Municipal Finance Bureau for the record.

5. Approval of performance targets. The municipal finance department shall, according to the budget items reported by the budget unit "integrated budget management system", audit and record the paper performance targets confirmed by the third party. When approving the budget, the budget performance targets corresponding to budget preparation will be approved simultaneously. The approved performance targets shall not be modified arbitrarily. If it is really necessary to adjust or modify the performance target due to special reasons during the implementation, the modification can be reported according to the procedure before the project implementation or before the progress is 50%. The application procedures for performance targets of new projects shall be implemented in accordance with relevant documents.

Fourth, the performance target editing work requirements

1. Raise awareness and strengthen cooperation. Each budget department (unit) is the responsible subject of performance target management. It is necessary to improve the political position, fully understand the importance and necessity of performance target management, effectively strengthen organizational leadership, and implement the responsibility of special personnel. It is necessary to pay attention to coordination and cooperation, form a joint effort of editing and reviewing performance targets, communicate and solve problems encountered in the process of compiling and reporting in time, ensure that performance targets and performance indicators are set scientifically and reasonably, and reflect the expected performance level of project funds realistically.

2. Linkage joint review and enhanced application. Earnestly regard the budget performance target as a prerequisite for budget application, budget arrangement and budget adjustment, and promote the two to establish a dynamic adjustment mechanism in which projects can enter and exit, budgets are maintained and pressured, and funds are increased and decreased. At the same time, we will gradually improve the mechanism of self-examination, third-party tracking and evaluation, and coordinated joint examination of financial and auditing departments, make full use of the performance evaluation results of all links, and resolutely cancel or adjust and optimize the projects that have not compiled performance goals or have unreasonable performance goals and poor performance goals.

3. Timely submission and strict assessment. Time is tight and tasks are heavy when reporting budget performance targets. All budget units should strictly follow the progress and quality requirements of the target declaration, actively take measures, make overall arrangements, pay close attention to the implementation of the performance target declaration of their own departments and subordinate units, and submit (offline) paper documents and (online) system electronic documents in time to ensure that the performance target data and performance indicators after the "second entry" are consistent with the integrated budget management system, electronic documents and reviewed paper documents. According to the quality of performance target submission, the municipal finance department will conduct performance tracking assessment on budget units in strict accordance with the relevant provisions in the assessment methods for budget performance management in Yueyang City.

The budget units directly under the municipal government need to be connected and consulted in the process of organizing the implementation of the budget performance target declaration and editing. Please contact the Performance Management Section of the Municipal Finance Bureau and the third party in time according to your actual situation.

The attachments involved in this paper are: the filling instructions of the budget performance target management declaration form (Annex 1), the department’s overall expenditure budget performance target declaration form (Annex 2), the project expenditure budget performance target declaration form (Annex 3), the flow chart of the municipal department’s budget performance target declaration form (Annex 4), the third-party benchmarking service form for budget performance target editing (Annex 5), and the third-party service quality assessment score form for budget performance target editing (Annex 6). Eight attachment materials, such as the quality assessment and scoring rules for budget performance target declaration (Annex 7) and the reference module for financial expenditure performance target indicator reporting (Annex 8), are requested to be downloaded by all units to Yueyang Municipal Performance Work QQ Group (Group No.305341818).

Contact: Zhong Ju, Li Weidong.

Telephone: 0730-8859935

Box: 2739459@qq.com

Attachment: 1. Instructions for filling in the budget performance target management declaration form

2. Department overall expenditure budget performance target declaration form

3. Project expenditure budget performance target declaration form

4. The municipal departments budget performance target declaration flow chart

5. Compile and review the third-party benchmarking service table for the budget performance target

6. Assess the budget performance targets and edit the third-party scoring table

7. Budget performance target declaration quality assessment scoring rules

8. Reference module for reporting financial expenditure performance target indicators

Yueyang bureau of finance

October 21, 2021

Annex 1

Instructions for filling in the budget performance target management declaration form

I. Form composition

The declaration form of expenditure budget performance target of fiscal expenditure items and the declaration form of overall expenditure budget performance target of departments set in this annex are applicable to the reporting by budget departments (units) when preparing departmental budgets, and serve as the main basis for budget performance target audit, budget fund arrangement and budget performance evaluation.

Second, matters needing attention

(a) all the municipal budget units that use financial funds to ensure the preparation of the departmental budget in 2022 should, according to the departmental functions and responsibilities and the annual work plan, predict the overall output and effect of the overall expenditure of the department in this year, and prepare the "Declaration Form for the Performance Target of the Overall Expenditure Budget of the Department (Unit)".

(2) Project expenditure refers to the annual project expenditure plan that the budget department brings into the scope of departmental budget preparation in order to complete its specific administrative tasks or career development goals. In 2022, all project expenditures applying for financial appropriation shall be filled in the Declaration Form for Budget Performance Target of Financial Expenditure Projects.

(3) After the above forms are entered in the departmental budget software, the printed paper version shall be stamped with the official seal, and together with the relevant documents, they shall be submitted in duplicate to the Performance Management Department of the Municipal Finance Bureau (the third party shall be entrusted to collect and track the audit).

(4) Download address of the application form: Yueyang Municipal Performance Work QQ Group: 305341818.

Third, the instructions for filling in the report

(a) the department’s overall expenditure budget performance target return

1. Year: fill in the year in which the department budget is prepared. For example, prepare the departmental budget for 2022 in 2021 and fill in "2022".

2. Reporting unit (seal): Before the performance target application form is submitted to the Municipal Finance Bureau, affix the official seal of the budget unit here.

3. Person in charge of the unit: signed by the principal person in charge of the unit.

4. Budget unit: fill in the full name of the budget department according to the specifications.

5. Performance management liaison: the name and contact information of the person responsible for reporting performance objectives.

6. Headcount: the number of people to be staffed according to the "three-fixed" scheme, and the actual number of people is the actual number of people in the budget unit.

7. Overview of departmental functions and responsibilities: briefly describe the main functions and responsibilities of this department.

8. Annual revenue budget: fill in the total revenue funds of the annual budget of the department.

9. Annual expenditure budget: fill in the total amount of expenditure funds in the annual budget of the department and divide it into basic expenditure and project expenditure.

10. Annual performance target of the overall expenditure of the department: The budget department describes the output and effect achieved by the department using the budget funds in the year according to the tasks assigned by the party committees and governments at all levels and the development plan of the department.

11. Annual performance index of overall expenditure of the department: it is the refinement and quantification of the overall expenditure performance target of the budget department.

(1) Output indicators: reflect the products and services completed by the department according to the established objectives. It can be further subdivided into: quantitative indicators, reflecting the number of products or services planned by the department; Quality indicators, reflecting the standards, levels and effects of products or services provided by the department; Timeliness index, reflecting the timeliness and efficiency of the products or services planned by the department; Cost index, reflecting the cost of products or services that the department plans to provide.

(2) Benefit indicators: reflect the realization degree and influence of the expected results of the overall expenditure of the department related to the established performance objectives, including economic benefit indicators, social benefit indicators, ecological benefit indicators, sustainable impact indicators, social public or service object satisfaction indicators, etc.

Three-level indicators: according to the actual work needs, the subdivided performance indicators are determined as specific contents.

Indicator value: determine the specific value of the indicator content, in which the quantifiable value is described by numerical value and the non-quantifiable value is described by qualitative description.

The specific contents of the "output index" and "benefit index" of the department’s overall expenditure determined in actual operation, each budget unit may select or supplement the above indicators according to actual needs.

12. Other issues that need to be explained: other contents that need to be supplemented in the application that reflect the overall performance target of the department.

13. Audit opinions of the financial department: The opinions and suggestions made by the financial department when auditing the performance targets declared by the budget units shall be filled in by the financial department.

(two) the financial expenditure project budget performance target declaration form

1. Year: fill in the year in which the departmental budget is prepared or the year in which the project funds are applied for. For example, prepare the departmental budget for 2022 in 2021 and fill in "2022"; To apply for the use of project funds in 2021 during the implementation of 2022, fill in "2021".

2. Reporting unit (seal): Before the performance target application form is submitted to the Municipal Finance Bureau, affix the official seal of the budget unit here.

3. Person in charge of the unit: signed by the principal person in charge of the competent department.

4. Project name: fill in the form according to the standardized project name, which is consistent with the project name of the department budget.

5. Project attributes: It can be divided into new projects and continuation projects, and the selected project is marked with √ in front of □. New projects refer to projects that need to be included in this year’s (budget) arrangement; Continuing projects refer to projects approved in the previous year (budget) and arranged in this year (budget).

6. Competent department: fill in the full name of the competent department of the project.

7. Start and end time of the project: fill in the start time and planned completion time of the overall implementation plan of the project.

8. Person in charge of the project: the name and contact information of the main responsible person responsible for the implementation of the project (lifelong responsibility system for project performance).

9. Performance management liaison: the name and contact information of the person responsible for reporting performance objectives.

10. Project type: It is divided into capital construction category (including three categories), administrative category (including three categories) and other special categories. Please tick "√" before "□" in the selected project.

11. General situation of the project: briefly describe the content, purpose, scope and duration of the project.

12. Basis of project establishment: describe the basis of project establishment, feasibility of project declaration, necessity of project declaration, etc. respectively, which should be consistent with the application materials of project establishment. If there are relevant documents, policies and leadership instructions, the file name and document number shall be indicated, and the main contents of the project establishment in the document shall be briefly explained, and the corresponding paper materials shall be provided as attachments.

13. Project funds: Fill in the total amount of project funds, and fill in them separately according to the source of funds. The amount and nature of declared funds in 2022 should be consistent with those in the departmental budgeting software.

14. Safeguard measures of the unit: the systems and measures for the implementation of existing or proposed safeguard projects of the unit.

15. Annual implementation schedule of the project: set the specific implementation contents of the project in stages according to the characteristics of the project, clearly and clearly fill in the implementation contents of each stage, and divide the planned start time and planned completion time.

16. Long-term performance goal of the project: describe the overall output and effect of the project during the whole planning period, mainly using qualitative description, but indispensable quantitative description. For example, in the first year of long-term project implementation, the medium-and long-term output indicators and benefit indicators of this project should be formulated with reference to this table.

17. Annual performance target of the project: according to the characteristics and specific implementation contents of the project, the quantity, quality, cost and timeliness of the project’s output this year and the planned social, economic and environmental benefits are further refined to form specific measurable objectives and tasks.

18. Annual performance index of the project: it is the refinement and quantification of the annual performance target of the project. According to the actual situation of the project, the unit sets performance indicators from the reference aspects or other aspects given in the table, and it should be quantified as much as possible. Among them, the output indicator is required; Benefit indicators can be selected and filled according to the characteristics of project funds; Units can design their own performance indicators according to the characteristics of project funds.

Output indicator: reflects the products and services that the budget department plans to complete according to the established objectives. It can be further subdivided into: quantitative indicators, reflecting the number of products or services planned by the budget department; Quality indicators, reflecting the standards, levels and effects of products or services that the budget department plans to provide; Timeliness index, reflecting the timeliness and efficiency of the products or services that the budget department plans to provide; Cost indicators reflect the cost, unit cost and total cost of the products or services that the budget department plans to provide.

Benefit indicators: reflect the degree of realization of the expected results of fiscal expenditure related to the established performance objectives, including economic benefit indicators, social benefit indicators, environmental benefit indicators, sustainable impact indicators, etc.

(1) Level 3: The subdivided performance indicators are determined as specific contents according to the actual work needs.

(2) Indicator value: Determine the specific value of the indicator content, in which the quantifiable value is described by numerical value and the non-quantifiable value is described qualitatively.

The specific contents of the "output index" and "benefit index" of the department’s overall expenditure determined in actual operation, each budget unit may select or supplement the above indicators according to actual needs.

19. Other issues that need to be explained: reflect other contents that need to be supplemented in the application for project performance objectives.

20. Audit opinions of the financial department: The opinions and suggestions made by the financial department when auditing the performance targets declared by the budget units shall be filled in by the financial department.

Annex 2

Department (unit) overall expenditure budget performance target declaration form

(2022)

Reporting unit (seal):                           
Person in charge of the unit:

Department basic information

Budget unit

performance management

liaison personnel/person

contact number

Staffing number

Actual number of people

Departmental functions

Overview of responsibilities

Annual revenue budget of the unit (ten thousand yuan)

Total income

Public financial appropriation

Government fund allocation

Non-tax revenue appropriation

Other appropriations

Total expenditure

the basic expenditure

Project expenditure

among

Three Public Funds Budget (ten thousand yuan)

total

Operating and purchasing expenses of official vehicles

Expenses for going abroad on business.

Official reception fee

Annual performance target

Overall departmental expenditure

1.

2.

3.

……

Annual Performance Indicator Department Overall Expenditure

Primary index

Secondary index

Three-level index

index value

Output index

(Expected public goods or services, including quantity, quality, timeliness, cost, etc.)

quota

1.

2.

quality index

1.

2.

Aging index

1.

2.

Cost index

1.

2.

Primary index

Secondary index

Three-level index

index value

performance indicator

(Expected possible benefits, including economic benefits, social benefits, environmental benefits, sustainable impact, and customer satisfaction, etc.)

economic benefits

1.

2.

social benefit

1.

2.

environmental benefit

1.

2.

Sustainable impact

1.

2.

Satisfaction of clients

1.

2.

question

Other specified

1.

2.

3.

……

Audit opinion

department of finance

(Seal)

Year month day

Annex 3

Project expenditure budget performance target declaration form

(2022)

Reporting unit (seal):                           
Person in charge of the unit:

Basic information of the project

Project name

Project attribute

New item □                      
Continuation project □

department responsible for the work

Project start-stop time

project leader

contact number

performance management

liaison personnel/person

contact number

Project type

1. Capital construction category
□ In which: new construction □ expansion □ reconstruction □

2. Administrative undertakings □ Among them: procurement □   
Repair category □ reward category □

3. Other special categories □

Project overview

project approval and initiation

on the basis of

Project funds

Project fund application (ten thousand yuan)

Item

Arrange funds in the last year

Apply for funds this year

Combined plan

Municipal funds

Provincial funds

Central funds

funds in the hands of the localities

Detailed expenditure budget (ten thousand yuan)

Item

Arrange funds in the last year

Apply for funds this year

Calculation basis and explanation

Combined plan

one

2

three

……

The existing (or proposed) systems and measures of the unit to ensure the implementation of the project.

Annual implementation schedule of the project

Project implementation content

start time

end time

1、

2、

……

Annual performance targets of the project

Long-term performance goals

1.

2.

3.

……

This year’s performance target

1.

2.

3.

……

Project annual performance indicators

Primary index

Secondary index

Three-level index

index value

output

index

quota

1.

2.

quality index

1.

2.

Aging index

1.

2.

Cost index

1.

2.

……

1.

2.

Primary index

Secondary index

Three-level index

index value

output

index

economic benefits

1.

2.

social benefit

1.

2.

environmental benefit

1.

2.

Sustainable impact

1.

2.

Satisfaction of clients

1.

2.

……

1.

2.

Other explanatory issues

department of finance

Audit opinion

(Seal)

Year month   
sun

Annex 4

Attachment 4 Flow chart of budget performance target declaration of municipal departments. jpg

Annex 5

Compile and review the third-party benchmarking service table for budget performance objectives

Bid section

Business department

Performance target tracking units and projects

Third-party tracking service

Number of budget units

Total expenditure of the department

Special branch

Out of number

service unit

Responsible contact person

Lot 1

Administrative politics and law section

Primary unit

secondary unit

all standing

all standing

Hu ‘nan Zhongzhicheng Union Accountant Affairs Duo (General Partnership)

Wangqingqing 15675067593

Social security section

Primary unit

secondary unit

all standing

Agriculture section

Primary unit

secondary unit

all standing

Enterprise section

Primary unit

secondary unit

all standing

Budget section and other departments.

Primary unit

secondary unit

all standing

Lot 2

Education, science and education

Primary unit

secondary unit

all standing

all standing

Zhongzheng Zhixin (Beijing) Economic Consulting Co., Ltd.

Huang Yunhong 13637490080

External classics department

Primary unit

secondary unit

all standing

Economics and Construction Section (Natural Resources and Ecological Environment Section)

Primary unit

secondary unit

all standing

Comprehensive planning section

Primary unit

secondary unit

all standing

total

2 Jia

explain

All budget units are requested to take the initiative to contact the corresponding third-party responsible person according to the actual budget performance target compilation in 2022.

Annex 6

Budget Performance Target Third Party Service Quality Scoring Table

Third party organization:

serial number

Assessment content

score

grading standards

Self – assessment

test and assess

Reason for deduction

one

Evaluators and organizations to implement the plan

15

If there are more than 3 people with office space in Yue, there will be 15 points for organized scheme; if there are less than 3 people or no office space in Yue, there will be 5 points for false scheme.

2

Actively docking budget unit target declaration form and collecting full coverage.

twenty

20 points for 90% coverage, 12 points for 90%-70% coverage, and 6 points for less than 70% coverage.

three

Timely refine and quantify the three-level indicators, review and feedback.

thirty

Individual (output and benefit) three-level indicators are refined and quantified more than three, and 30 points are timely fed back, and 10 points are below three and unquantified.

five

Report writing quality

15

Excellent report writing 15, good 10, average 5.

six

Basic work and feedback from the evaluated unit

15

Contact the budget unit in time, and 15 points can be completed on time. 5 points will be deducted if there is no feedback within 24 hours, 5 points will be deducted if the contact is not timely, or 5 points will be deducted if complaints are received from the evaluated budget unit.

seven

Self-assessment of the real situation

five

Self-evaluation and financial evaluation scores differ by less than 10 points, 5 points, and self-evaluation and evaluation scores differ by more than 10 points, 0 points.

eight

Extra points

If the question or suggestion is adopted, add 1 point, with a maximum of 5 points.

total

100

explain

The third party tracks and evaluates the basic service fee (as agreed in the contract), which shall be determined according to the number of tracking units in the budget performance target. Due to the third party’s responsibility, a unit or project that lacks evaluation will be deducted from 1000 yuan until it is fully deducted. In addition, increase the cost of quality evaluation according to the requirements of the document.

Annex 7

Scoring rules for quality assessment of budget performance target declaration

(For the reference of the third party)

First, the audit work rules

1, follow the principle of fairness, impartiality and objectivity, mainly for each budget unit special funds "performance target declaration form preparation" and "performance target application materials submitted" two work, independent and careful review.

2, according to the scoring rules item by item audit, put forward the individual "review opinions", and fill in the specific opinions (mainly describe the reasons for deduction).

3. The weighted average of the "overall evaluation scores of the preparation of performance targets for special funds" of the budget department is the "comprehensive score of the preparation of performance targets for special funds of the department" of the unit.

4, according to the "comprehensive score of the department’s special fund performance target preparation", the departments are ranked and rated as "excellent (85-100 points) (no more than 30%), average (70-84 points) and poor (less than 70 points)".

Second, the audit content and scoring method

First, the preparation of the performance target declaration form (60 points)

(1) Basic information (10 points)

1, the project overview (2 points). It mainly includes the contents of the project, target positioning and project establishment, the way of fund allocation and use, implementation and management, expected benefits and effects, etc. (for continuous projects, the implementation of previous years should also be explained). Scoring method: check whether the content is complete and the description is accurate, specific, clear and concise, otherwise, deduct points as appropriate.

2. Basis for establishment (2 points). It mainly refers to the medium and long-term plans for economic and social development promulgated and implemented by the state, the decision-making decisions of party committees and governments, and the provisions of policy documents. Scoring method: Check whether the relevant laws, regulations, policies and documents on which the project is based are complete, authoritative and timely (within 5 years after the promulgation of laws, regulations and documents), or deduct points as appropriate.

3, the necessity and feasibility (4 points). Refers to the main starting point and demand analysis of setting up a project, as well as the supporting conditions such as decision-making and management, working organization, project owner, main members and measures to ensure the smooth implementation of the project. Scoring method: Check whether the discussion on the necessity of the project is sufficient, whether the feasible conditions for the smooth implementation of the project are met, and whether the safeguard measures are feasible; otherwise, deduct points as appropriate.

4, the capital budget (2 points). It mainly includes the declaration plan of budget funds and the project funds of the previous year. Scoring method: Check whether the project funds are complete and accurate, and deduct 1.0 points for each wrong or missing number.

(two) performance objectives and performance evaluation indicators (30 points)

1, performance goals (5 points)

(1) Directionality (2 points). Refers to the guiding role of the establishment of performance goals in project implementation. Scoring method: Check whether the performance target is in line with the national economic and social development plan, departmental functions and career development plan, and it is closely related to the corresponding fiscal expenditure scope, direction and effect; otherwise, deduct points as appropriate.

(2) Detailed quantification (3 points). Refers to the degree to which performance objectives are expressed quantitatively by numbers and qualitatively by grading and grading in terms of resources invested, expected products and services, expected effects and benefits, satisfaction, etc. Scoring method: 0.5-1.0 points/item will be deducted if the overall goal or phased goal is not filled in; Quantitative description is not in place, as appropriate, 0.3-0.5 points/item; If the overall goal does not match the phased goal, 0.1-0.3 points will be deducted as appropriate.

2, performance evaluation index (25 points)

(1) Relevance (5 points). Refers to the degree of correspondence and correlation between the established evaluation indicators and performance targets. Scoring method: 0.5 points will be deducted for each evaluation index that is not corresponding to or closely related to the performance target.

(2) Importance (5 points). Refers to whether the evaluation index is representative enough, whether it can highlight the characteristics of the industry and the project and its effects and benefits. Scoring method: If there are any core indicators missing, 1.0 points will be deducted.

(3) Economy (5 points). Refers to whether the evaluation index is economical and practical, and whether the relevant data can be collected, easily obtained and at low cost. Scoring method: If the index is poor in economy, 0.3-0.5 points will be deducted as appropriate.

(4) Comparability (5 points). It means that the same evaluation index can effectively reflect the performance of different regions or different industries, or the history and reality of the index. Scoring method: 0.3 points will be deducted for poor comparability of indicators.

(5) Systematic (5 points): It means that in order to comprehensively reflect and comprehensively consider the overall efficiency, benefit and effect of the use of project funds, the evaluation indicators need to form a complete and mutually supporting system structure, which should generally involve four categories: "input, output benefit and effect, sustainable impact and development, and social evaluation". Economic development projects should generally include four categories of indicators; Social undertakings and other projects should generally include three categories of indicators except "continuous influence and development". Scoring method: If the evaluation indicators are missing in types, 1 point will be deducted for each category; If the subordinate indicators of the four categories of indicators are incomplete, 0.5 points will be deducted for each one less.

(three) the standard value of performance evaluation indicators (10 points)

1, formulate the basis (4 points). Refers to the formulation of standard values, which should be obtained by objective analysis and mathematical statistics with reference to standards such as planning, industry, history and experience. Scoring method: focus on checking whether each standard value has sufficient reference basis and scientific statistical analysis methods (described in the compilation instructions), if not, deduct 0.3 points/piece; For the special projects with funds arranged for the second year or more, if the "standard value of the previous year" is not filled in the table, 0.2 points will be deducted.

2, scientific rationality (3 points). Refers to the standard value should be objective, scientific and reasonable, which can reflect the normal level of the industry and the objective law of development. Scoring method: focus on whether the standard value is too low or too conservative. If it is too low, deduct 0.3-0.5 points/piece as appropriate.

3. Achievability (3 points). Refers to whether the established standard value can be completed or reached. Scoring method: focus on whether the standard value is too high and difficult to achieve. If it is too high, deduct 0.3-0.5 points/piece as appropriate.

(four) project fund management (10 points)

1, the target is expected to achieve progress (3 points). Mid-and long-term projects should formulate annual performance goals and expected progress; The annual project shall formulate quarterly performance objectives and expected progress; The project should be detailed to the specific implementation content (referring to the specific breakdown at the next level of the project rather than the implementation steps of the project), and the implementation progress should be formulated respectively according to the relevant detailed content. Scoring method project is not refined to the specific implementation content of 1.0 points; If the implementation progress is not made for the relevant refinement content, 0.2 points will be deducted for each progress node that is wrongly filled or omitted.

2, the project funds use plan (3 points). Mid-and long-term projects should make annual progress plans for the use of funds: annual projects should make quarterly progress plans for the use of funds; The project should be detailed to the specific implementation content, and the fund use plan should be formulated respectively according to the relevant detailed content. Scoring method: 1.0 points will be deducted if the project is not refined to the specific implementation content; If the fund use plan is not made separately for the relevant detailed contents, 0.2 points will be deducted for each node fund that is wrongly filled or omitted.

3, the previous annual project performance evaluation and rectification (4 points). Scoring method: "Project performance evaluation in previous years", focusing on whether the content is complete and accurate, and deducting 0.2 sub-item if it is wrongly filled or omitted; "Implementation of rectification", check whether the contents are detailed and whether they are supported by sufficient data and materials, or deduct 0.5-2.0 points as appropriate (Note: if the performance evaluation work was not carried out in the previous year, this score will be equally divided into the other two contents).

Second, the performance target application materials submitted (40 points)

(a) timeliness of reporting (10 points)

A complete set of performance target application materials should be submitted before the specified deadline (the time point corresponding to the "two ups and two downs" of budget preparation) (including the day). Scoring method: If the content submitted before the specified date is incomplete, it will be regarded as late submission, and 1.0 point/day will be deducted.

(two) the integrity of the report (10 points).

The application materials for performance targets should include: ① performance target application form (including compilation instructions); ② Feasibility report and relevant materials; ③ Electronic documents. Scoring method: In case of omission, 2.0 points will be deducted for each major item and 1.0 points will be deducted for each minor item.

(three) the quality of the report (20 points)

1, the performance target declaration form (10 points)

(1) the integrity of the cover content (3 points). The format of the cover content should be consistent with the format of the attached sample table required by the document, and the content should be filled in completely and accurately, and stamped with the official seal of the unit. Scoring method: 1.0 points will be deducted if the format of cover content is inconsistent with the distributed sample table; 0.2 points/item will be deducted for missing or wrong filling; 1.0 points will be deducted for those without official seal.

(2) bound into a book (3 points). Scoring method: 0.2 points will be deducted if the book is not bound.

(3) whether the form style is standardized and complete (4 points). The content format of the performance target declaration form shall be consistent with the attached sample form, and shall not be omitted. If the scoring method table fails to report, 1 point/sheet will be deducted; If the content format is inconsistent with the distributed sample table, 0.2 points/item will be deducted.

2, the feasibility report (10 points)

(1) the integrity of the content (5 points). The content includes four major items: the preparation of performance objectives and the development of self-evaluation; Expert evaluation opinions (overall evaluation opinions, evaluation opinions and scores of each project); Target adjustment (adjustment of performance targets, evaluation indicators and standard values according to expert review opinions should be explained item by item, and reasons should be explained if expert opinions are not adopted); Problems and improvement measures in the compilation and review of performance objectives. If there is any omission in the content of scoring method, 0.5 point/item will be deducted.

(2) Writing quality (5 points). The feasibility report should be clear and complete in structure, focused in content, scientific and accurate in data, concise and efficient in words, and consistent with the budget performance target declaration form. Scoring method: score according to the writing quality; In case of missing items, 1.0 points will be deducted for each missing item, and 0.5 points will be deducted for each missing item.

Annex 8

Reference module for reporting financial expenditure performance target indicators

In the process of compiling performance targets, performance indicators are mainly set according to policies, the use of project funds and project management, and are generally designed by the top level at or above the provincial level. The monitoring system for the performance target operation of poverty alleviation fund projects in Hunan Province in 2021 has 32 performance index modules (download address is the same as Annex 1) which can be downloaded for reference, including 3 first-level indicators (output indicators, benefit indicators and satisfaction indicators) and 9 second-level indicators (quantity indicators, quality indicators, aging indicators, cost indicators, economic indicators, social indicators, ecological indicators, sustainable impact indicators and satisfaction indicators of clients).

In view of the fact that there is no specific project performance indicator module above, please refer to Item 32 "Other" project module setting, or refer to the similar performance indicator module in "Full Implementation of Budget Performance Management Operation and Pragmatism" published by China Financial and Economic Publishing House, and fill in the report with reference to the relevant parameters of project fund use and project implementation management. The book "Full Implementation of Budget Performance Management and Practical Operation" has a wide coverage and strong practical operation. In the appendix part of the book, the performance index modules of department overall expenditure and project expenditure are compiled by industry, field, level and department for reference.

1★ Poverty Alleviation Project with Characteristic Industries

2 rural tourism projects

3★ E-commerce poverty alleviation project

4★ Assets Income Poverty Alleviation Project

5★ Photovoltaic poverty alleviation project

6 agricultural insurance premium subsidy project

7★ Micro-credit discount project

8★ Infrastructure construction projects such as roads

9★ Water conservancy construction project

10★ Rural drinking water safety project

11 farmland construction projects

12 Work-for-Relief Demonstration Project

13 ex situ poverty alleviation and relocation project

14 rural dilapidated building renovation project

15 rural compulsory education students nutrition improvement

Planned project

16 improvement of weak links in compulsory education and

Capacity improvement project

17. Project to improve the running conditions of ordinary senior high schools

18 projects related to improving vocational education ability

19 student financial aid

20 public cultural system construction projects

21 ecological management and protection personnel subsidies

22 ecological restoration and monitoring project

23 land consolidation project

24★ Ecological rural environment improvement

25 medical and health service system construction project

26 medical assistance project

27 disease prevention project

28 relief projects for people in need

29 service guarantee project for the disabled

30 stable employment project (enhance ability)

31 Promote the project of prospering the border and enriching the people and the whole village

32 others

The above nine categories with ★ asterisks include the items downloaded from the performance target declaration module.

Look at things deformed, be careful of macular edema! Daily health adjustment focuses on three points ~

"Source of this article: Capital Traditional Chinese Medicine"
"
Recently, I received a 56-year-old female patient in the outpatient clinic: "Doctor, my eyesight used to be very good, but the other day I saw things suddenly deformed." Now I see that the straight line on the wall is curved, and some things were originally big, but I look smaller. And I can’t see clearly. What’s going on? " The patient said and gestured with his hand.
According to the description, I estimate that the patient may have macular problems. After further inquiry, I learned that the patient had a history of hypertension. A few days ago, he was overworked and stressed, and his blood pressure increased significantly. The author gave her a special examination of fundus, and sure enough, she found fundus hemorrhage and macular bulge. The diagnosis was macular edema, secondary to retinal vein occlusion.
What is macular edema?
Macula is located in the center of the fundus, which is similar to the position of the target’s bull’s-eye 10 ring. It is called macula because it is yellow when dissected. Macula occupies less than 5% of the retina, but it is the center of the most acute vision. The vision we usually measure is the visual function of the macular center. Macula has a very special function, which can distinguish the color, fine shape and brightness of an object, detect the distance of the object and follow the movement of the object.
Visual distortion is mostly related to macular degeneration. Macular degeneration, macular hole, epimacular membrane, mesoosmosis and macular hemorrhage caused by various reasons can also cause visual distortion. Macular edema is one of the chief culprits of visual distortion. Macular edema is a kind of fundus disease that often occurs in middle-aged and elderly people and seriously threatens visual function, but it is not an independent eye disease. Its main symptoms are visual distortion and decreased central vision.
Macular edema can be divided into cystoid macular edema and diffuse macular edema. Often secondary to retinal vein occlusion, diabetic retinopathy, retinal vasculitis, uveitis and cataract after intraocular surgery. Many diseases cause the increase of retinal capillary permeability, the damage of blood-retinal barrier, and the accumulation of fluid between the outer plexiform layer and the inner nuclear layer of the retina, resulting in macular retinal edema.
With the aging of China’s population, the incidence of eye diseases among middle-aged and elderly people has increased, and the number of patients with macular edema has also increased. Long-term non-healing of macular edema can cause photoreceptor apoptosis and irreversible loss of vision, which leads to decreased vision and distortion of vision, which has caused great trouble to patients’ life and work.
Fundus fluorescein angiography is the gold standard for the diagnosis of macular edema. Modern medicine mostly thinks that vascular endothelial growth factor (VEGF) and inflammation are the two main pathogenic pathways of macular edema. At present, the main means of treating macular edema in modern medicine are VEGF therapy, hormone, laser photocoagulation, surgery and non-steroidal anti-inflammatory drugs.
Understanding of ancient and modern Chinese medicine
Ancient doctors couldn’t see the patient’s fundus because they didn’t have an ophthalmoscope, so there was no record of macular edema in ancient literature. According to its clinical symptoms, it should be classified as "seeing straight as a curve" and "seeing the big as small".
The name of "seeing straight as a curve" first appeared in "Seven Tips for Treating Syndrome". The book said: "Seeing straight things as a curve, bowstring rulers and the like, all of them are like hooks." It belongs to the scope of illusion. There is no new expression in the description of straight sight in the later literature. The "Diagnostic Efficacy Standard of TCM Diseases" states: "Seeing straight and crooked is an eye disease in which things with straight vision, such as crooked eyes, are caused by maladjustment of clothing, body fluids and blood overflowing collaterals."
The causes of straight vision are described in detail in ancient books. "Examining Yao Letters and Misconceptions" states: "If the length is short, the white is black, the confusion is reversed, and the divine light is dark, then the essence will decline and change." It is considered that the essence is scattered and cannot be above the eyes, which can lead to delusion. Sun Simiao put forward that "spleen-stomach deficiency leads to nine unknowns" in "Prescription for Preparing a Thousand Daughters for Emergency", and summarized the mechanism of spleen deficiency leading to eye diseases. "The Golden Mirror of Ophthalmology" states: "Those who regard the big as small and the red as white, the onset of this disease is also caused by the stagnation of heat and evil in liver and kidney for a long time."
Modern Chinese medicine scholars think that macular edema is closely related to liver, spleen and kidney. Etiology includes primary cause, secondary cause and inducing factors. As inducing factors, exogenous wind-heat (wind-toxin) and improper diet can all cause or aggravate spleen deficiency, making it abnormal in transportation, improper in ascending and descending, and imbalance in collaterals and qi and blood, which in turn leads to superior yin fire, turbid phlegm, stagnant blood, macular edema, exudation and bleeding, and the symptoms of straight vision appear.
Traditional Chinese medicine has the advantages of definite curative effect, non-invasion, non-trauma, high cure rate, low recurrence rate and relatively low cost in the prevention and treatment of macular edema.
Daily health adjustment
Physical factors, internal and external environment of the body, emotion and other comprehensive factors play an important role in the pathogenesis of macular edema. Therefore, it is very important to do a good job in health care, which can prevent disease before it happens and prevent it from changing.
Control risk factors
Hypertension, diabetes and hyperlipidemia are high risk factors for macular edema. Patients with macular edema should pay attention to reasonable diet, smoking and alcohol restriction, and weight control in daily life to prevent the occurrence of hypertension, hyperlipidemia and diabetes. Patients who have been diagnosed as "three highs" should actively treat the primary disease, control blood sugar, blood pressure and blood lipid in a safe and reasonable range, and have regular eye examinations. Once early changes are found, intervention measures should be taken as soon as possible to prevent the delay from aggravating the condition. Self-test can also be carried out at ordinary times. If you find abnormal conditions such as decreased vision, deformed or reduced vision, and shadow occlusion in front of your eyes, you should go to the hospital in time.
Diet conditioning
Develop good eating habits and maintain a balanced nutrition. To control the total diet and optimize the structure. Eat vegetables, fruits, fish and nuts regularly, and choose foods with the functions of warming stomach, soothing liver and tonifying kidney according to physical conditions. Wax gourd, towel gourd, bitter gourd and amaranth have the functions of clearing away heat and toxic materials, inducing diuresis to reduce swelling, promoting blood circulation and dredging collaterals, so you can eat more with staple food. Lotus plumule and Dioscorea opposita can nourish the mind, tonify the kidney and benefit the lung, and you can also choose Coicis Semen, Euryale Semen, Semen Phaseoli and other decoctions or porridge to eat.
Harmony of seven emotions
Keep your mind inside, calm your nerves and avoid severe and bad emotional stimulation. Arrange work and life in a planned way, reduce work pressure and tension, so as not to get anxious and get angry, causing or aggravating illness. Adjusting mentality, moderate exercise and peace of mind treatment are helpful to mobilize healthy qi and promote rehabilitation.
Content source: China Chinese Medicine News.
Author: Feng Jun, Eye Hospital of Chinese Academy of Traditional Chinese Medicine
Editor: Wang Di
Audit: Zhu Yan
"Capital TCM" ID:
bjtcm010
Official WeChat of Beijing Administration of Traditional Chinese Medicine
Reporting/feedback

How to implement administrative law in one place? Let’s look at the three-year growth of Jiaxing’s "comprehensive investigation"

"Source of this article: Zhejiang Rong Media"
Zhejiang news client reporter Wan Xiaoying Xiao Wei correspondent Jin Rudan
Xiuzhou comprehensive law enforcement, market supervision, etc. conducted a "comprehensive investigation" on a restaurant.
A few days ago, the State Council’s "Notice on Further Implementation" clearly stated that the experience of "comprehensive investigation once" should be replicated and promoted, and joint inspections and investigations should be carried out by multiple administrative organs at the same time for the same law enforcement object to prevent law enforcement from disturbing the people.
What is a "comprehensive check"? In March 2018, in order to solve the problems of cross-enforcement, multi-head enforcement, repeated enforcement and random inspection in the field of comprehensive law enforcement, Jiaxing pioneered this law enforcement inspection mode in the country, effectively integrating the original multi-department and multi-frequency law enforcement inspections, and carrying out the "one list" and "general practice mode" comprehensive law enforcement inspection within the department and joint law enforcement inspection between departments for the same object, so as to realize "one visit and multiple inspections" In 2019, the model was written into the "Implementation Opinions on Deepening the Reform of Comprehensive Administrative Law Enforcement" issued by the provincial party committee and the provincial government, and the exploration results were awarded as outstanding practice cases of reform and innovation in Zhejiang Province in 2020, which was further promoted throughout the province.
After more than three years of practice and exploration, Jiaxing Comprehensive Administrative Law Enforcement Bureau has repeatedly upgraded the "comprehensive investigation once" and explored a global scene list based on the needs of the people, a double random and open spot check feedback mechanism, and a prior notice system. In particular, the application of "comprehensive check once" established in June this year has realized the closed loop of the whole process of law enforcement supervision from early warning management to evaluation feedback.
What are the pain points and difficulties encountered in the process of advancement? How to solve it? How effective is it? A few days ago, the reporter walked into the comprehensive administrative law enforcement system of Jiaxing city and county to explore the mystery of administrative law enforcement in one place.
Pinghu comprehensive law enforcement and other departments conducted a "comprehensive investigation" of a cafe.
Multi-span integration
Enter the door once and check many things.
In the winter afternoon, the restaurant gradually became quiet. Chen Xingfu, the owner of Laopinghu Hotel, looked at the neatly arranged garbage collection and transportation records on the front desk and suddenly realized that it had been more than half a year since the last special law enforcement inspection.
In his memory, the most impressive inspection was at the end of August, 2018, when people complained about the smoke pollution caused by damaged flue, and pinghu city Comprehensive Administrative Law Enforcement Bureau, Market Supervision Bureau, Ecological Environment Bureau and other departments jointly made a door-to-door inspection.
"In the past, even for the same thing, it was’ you come today, he will come tomorrow’, which not only consumed energy, but sometimes their inspection standards were different. Just after the requirements of the previous inspection team were implemented, the latter inspection team put forward new requirements." Chen Xingfu told reporters that the inspection more than three years ago was different. Not only did the relevant departments come together with the same inspection list, but they also helped the hotel to have a "general physical examination", involving domestic waste sorting, fire fighting, drainage, employee hygiene and other aspects.
This inspection mode, which makes Chen Xingfu feel different, is Jiaxing’s "comprehensive inspection" which takes the lead in testing the water in the reform of law enforcement inspection mode. In order to solve the problems of high frequency of inspections, small number of law enforcement inspectors and difficult positioning of comprehensive law enforcement in the field of comprehensive law enforcement, Jiaxing exploringly implemented "one visit, many things to check" in seven fields, including safety production, planning and construction, land and resources, and environmental protection, and then gradually extended it to all related fields.
"This reform is not imaginary, but has accumulated a certain foundation." Huang Xuelin, director of the Comprehensive Law Enforcement Division of Jiaxing Comprehensive Administrative Law Enforcement Bureau, told the reporter that as one of the two pilot cities in the first round of comprehensive administrative law enforcement reform in our province, Jiaxing at that time had passed five years of reform practice and became the province’s most extensive reform and transfer area, and took the lead in realizing the full coverage of law enforcement agencies in towns and streets. "All these provide conditions for this multi-span integrated inspection."
For Chen Xingfu, there are still many surprises brought by "comprehensive investigation". In June 2019, he planned to move the restaurant from Renmin Road to Nanhetou historical and cultural block. When renovating the new restaurant, he took the initiative to contact a law enforcement officer who had been inspected before, requesting the placement of the lampblack purification device and whether the emergency lighting facilities met the requirements.
After this "general pre-investigation", Laopinghu Hotel has never been inspected by administrative law enforcement for complaints. According to the inspection records of pinghu city Comprehensive Administrative Law Enforcement Bureau, this hotel has only undergone two routine inspections since the opening of the new store at the end of September 2019, namely, the annual comprehensive inspection in early October 2020 and the "comprehensive inspection once" inspection of the catering industry at the end of April 2021.
On the day before the inspection at the end of April, Chen Xingfu was surprised to find that the Notice of "Comprehensive Inspection of Catering Industry" was received in the SMS, which not only informed the inspection time and related requirements for cooperation with the inspection, but also prompted to prepare relevant materials. In his inertial thinking, most of the inspections are sudden, and notifying in advance is like "leaking the exam questions."
"It is necessary for everyone to prepare." Huang Xuelin declassified with a smile, because the number of law enforcement inspectors is limited, it is impossible to inspect all restaurants. Only on the day of inspection, based on the principle of no more than two spot checks on the same market subject in the same year (except for those who have been reported many times and included in the business exception list), a considerable number of spot checks and inspectors were randomly selected, but still could not be found. "But prior notice is different. After receiving the news, all restaurants will check themselves to prevent problems from being found after being drawn. In this way, it is equivalent to checking all the restaurants in the city. "
Jiaxing comprehensive administrative law enforcement information command hall "comprehensive investigation once"
Intelligent early warning
The needs of the masses, "one thing" to solve.
Cai Kun is the owner of a transportation company in Jiashan County. At the end of last month, he received a penalty decision issued by the county comprehensive administrative law enforcement bureau, and fined 5,000 yuan.
It turned out that more than 10 days ago, six law enforcement officers from the county comprehensive administrative law enforcement bureau, the Construction Bureau and the Transportation Bureau randomly checked a construction site next to Renmin Avenue and found that several engineering vehicles nearby did not take airtight or other measures to prevent materials from being scattered when transporting earthwork. Among them, there were vehicles belonging to this company in Cai Kun. Therefore, according to the Law of People’s Republic of China (PRC) on the Prevention and Control of Air Pollution, law enforcement officers decided to put it on file for investigation and collect evidence from the scene according to law.
Looking at the notice of filing a case in his hand, Cai Kun, who repeatedly lamented that he couldn’t take any chances, didn’t know that the "sharp weapon" that punctured his fantasy was the "comprehensive investigation once" application created by Jiaxing Comprehensive Administrative Law Enforcement Bureau. This digital joint command system of administrative law enforcement, which focuses on the complex multi-span collaborative process, single source of inspection plan and heavy discretion, has a very important function: intelligent early warning.
"This system gets through the data of 32 administrative law enforcement departments and sorts out six categories of people’s livelihood, safety, order, service, public welfare and environment, covering 60 multi-span collaborative scenes such as children’s amusement parks, transportation of hazardous chemicals, farmers’ markets and surrounding environment, and has generated a total of 1156 inspection items." Lu Qi, deputy director of the Information Command Center of Jiaxing Comprehensive Administrative Law Enforcement Bureau, said that the system will automatically compare with these inspection items and intelligently analyze and generate a "red, yellow and green" three-color warning after capturing the items complained by the people in nine major digital source systems, such as 12345, letters and complaints.
The investigation of Cai Kun’s company vehicles stems from the recent complaints from the masses about dust and night construction. After the automatic warning of the system, the construction site and surrounding environment scenes automatically jumped out of the yellow warning of medium risk, and this inspection was triggered according to the automatically generated law enforcement plan. More intelligently, after law enforcement officers add inspection tasks, the system will also generate a checklist with one click, clarify the inspection departments and corresponding inspection items involved in the construction site and surrounding environment scenes, and automatically distribute them to relevant departments to avoid random inspection and repeated inspection.
After careful analysis of the whole process, it is not difficult to find that in addition to the breakthrough of technical means, there is also a key factor to realize digital intelligence-multi-span collaborative scenarios and inspection items.
"When a specific inspection was carried out in the past, the lists listed by counties (cities, districts) were often different." Hu Ligang, director of the Legal Publicity Department of Jiaxing Comprehensive Administrative Law Enforcement Bureau, introduced that in order to screen and unify the standards, in April this year, the bureau started with the "one thing" that people are most concerned about, sorted out 60 demand-side "one thing" scenarios, and then arranged the list items of each line accordingly, and determined a total of 1156 items.
Taking the scene of construction site and surrounding environment as an example, they first determined that the scene was related to housing construction, comprehensive law enforcement, fire protection, quality supervision, health protection, civil air defense, people’s society and natural resources, and then selected 103 items related to construction site from the power items library of these departments.
"The most difficult thing is to sort out the matters and determine this stage." Hu Ligang told reporters that only seminars have been held for more than 20 times, and there are countless daily consultations with relevant departments. "Finally, based on the complaint data and relevant legal basis, we divided into two categories: site safety and special equipment, and screened out 12 inspection contents, such as whether to obtain a safety production license and meet the corresponding qualifications, and whether the construction hoisting machinery user designated full-time equipment management personnel to conduct on-site supervision and inspection. Other comprehensive matters were implemented in various departments according to the lines, and a total of 9 items were screened out. "
"In the past, it was what the administrative law enforcement departments wanted to check, and now it is what the people need to check." Hu Ligang believes that changing from "one thing" on the supply side to "one thing" on the demand side makes law enforcement more targeted and efficient.
Jiashan comprehensive law enforcement, public security and other departments to conduct a "comprehensive investigation" of an enterprise.
Overall government
Integrated coordination and comprehensive linkage
In the view of Zheng Dongliang, deputy director of Jiaxing Comprehensive Administrative Law Enforcement Bureau, whether it is "going to the door once and checking many things" or "one thing" on the demand side, it is the embodiment of the overall government concept. "Only by thinking and planning from this height, promoting the" comprehensive investigation once "to go deep and practical, reshaping the administrative law enforcement in a structural, institutional and mechanistic manner, and building a cross-departmental, cross-disciplinary and cross-level coordination mechanism for optimizing law enforcement can we really promote Jiaxing’s" great comprehensive integration "administrative law enforcement reform."
On the eve of the 2021 world internet conference Wuzhen Summit, Wuzhen Branch of Tongxiang Comprehensive Administrative Law Enforcement Bureau, together with Wuzhen Town, Municipal Bureau of Commerce, Bureau of Culture and Tourism, Market Supervision Bureau, Fire Department and other relevant departments, carried out a "comprehensive investigation" on Wuzhen Station and its surrounding areas.
The command of this operation is a newly established institution in Tongxiang this year-the administrative law enforcement command center. As a specialized agency to coordinate the city’s administrative law enforcement work, the center is headed by the executive deputy mayor, and the deputy mayor in charge is the deputy commander. The 31 law enforcement subjects and 11 towns and streets in the city are all members of the command center.
"This action not only involves the inspection department at the city and county levels, but also covers a number of’ one thing’ scenes around the station, shop signs, catering services and so on. Unified coordination and scheduling by the command center can maximize operational efficiency. " Xu Kun, deputy director of Tongxiang Comprehensive Administrative Law Enforcement Bureau, said that on the same day, 22 law enforcement officers from various departments sorted out the list of all items that need to be inspected according to the unified command, and then went to the scene to check and check one by one, aiming at the behavior of walking dogs without leashing dogs, and vehicles illegally parked and occupied fire exits. 18 notices were issued.
"This is another exploration of Jiaxing in the reform of administrative law enforcement of" great comprehensive integration ",and it is also a manifestation of the" comprehensive investigation once "entering the stage of in-depth promotion." Tong Jianhua, member of the Party Committee and vice president of the School of Law and Law of Jiaxing University, believes that the transition from "multi-department joint law enforcement" to "overall government administrative law enforcement" will integrate law enforcement responsibilities in a wider range, optimize the allocation of law enforcement resources, improve the law enforcement coordination mechanism, and also help government management to move from decentralization to centralization and from fragmentation to integration to a certain extent.
In this regard, He Ping, who lives in Yaozhuang Town, Jiashan County, also has a deep understanding. At the end of last year, he received an investigation notice issued by the county comprehensive administrative law enforcement bureau. Someone reported that he illegally occupied and hardened the land at the junction of Yaozhuang Town and Lili Town, Wuxing District, Suzhou.
On the day of the on-site investigation, He Ping, who had thought that he would have to make several trips because of involving two provinces, found that not only the law enforcement officers from Jiashan County Natural Resources and Planning Bureau and Comprehensive Administrative Law Enforcement Bureau arrived on time, but also the law enforcement officers from the same department in Wuxing District "joined hands". At the scene, the law enforcement officers of the two regions surveyed the illegally occupied land in their respective jurisdictions, and after comprehensively considering various factors such as the size of the area and the execution ability of the parties, they jointly determined the time when the goods were cleaned up and the hardened land was restored to its original appearance.
He Ping’s surprise is actually a refresh of the original cognition by the overall government concept. "In the eyes of ordinary people, no matter which local department comes to investigate or which department’s law enforcement officers come to investigate, it represents the government." Wang Yafeng, deputy director of the Comprehensive Administrative Law Enforcement Bureau of Jiashan County, said that in order to strengthen the integrated coordination of administrative law enforcement at the junction, the comprehensive administrative law enforcement departments of Qingpu District, Suzhou Wuxing District and Jiashan County not only jointly established a unified standard, unified monitoring and unified law enforcement coordination mechanism, but also signed the Agreement on Joint Jurisdiction and Enforcement of Adjacent Areas, which also gave them the authority to jointly enforce the law.
"Breaking boundaries and realizing functional integration, structural reconstruction and administrative system integration have become the inevitable trend of administrative law enforcement reform." Zheng Dongliang introduced that a few days ago, the Regulations on Comprehensive Administrative Law Enforcement in Zhejiang Province, which was reviewed and adopted at the 32nd meeting of the Standing Committee of the 13th Provincial People’s Congress, stipulated that the people’s governments at or above the county level should lead the administrative law enforcement work in their respective administrative areas in a unified way, and through deepening the reform of comprehensive administrative law enforcement, build a large comprehensive integrated administrative law enforcement system with full supervision and full closed loop of law enforcement. "Jiaxing’s’ comprehensive inspection once’ reform is a useful attempt to build a whole chain supervision system. We will continue to explore and strive to contribute experience to the construction of’ comprehensive integration’ administrative law enforcement reform, so that’ one government administration’ will become the daily life of ordinary people dealing with government departments." Zheng Dongliang said.
(Chen Xingfu, Cai Kun and He Ping are pseudonyms in the text)
[Zhejiang News+]
The growth of "comprehensive investigation once"
In March 2018, "comprehensive investigation once" was first proposed and promoted in Jiaxing’s comprehensive law enforcement system.
In December 2018, "Jiaxing’s first" comprehensive inspection "law enforcement inspection model" was awarded the nomination project for innovation of legal work of Zhejiang provincial government in 2018.
In June 2019, the provincial party Committee and the provincial government issued the "Implementation Opinions on Deepening the Reform of Comprehensive Administrative Law Enforcement", proposing to explore joint law enforcement through "comprehensive investigation once" and other means.
In May 2020, the Provincial Comprehensive Law Enforcement Guidance Office issued the Notice on Learning from Jiaxing’s Experience and Practices to Promote the Reform and Innovation of Comprehensive Administrative Law Enforcement, and "Comprehensive Check Once" was promoted and applied to the whole province.
In November, 2020, The Practice and Value of Jiaxing’s "Comprehensive Check Once" Reform from the Perspective of the Whole Government won the first prize for the outstanding theoretical research achievements of the comprehensive administrative law enforcement system in Zhejiang Province.
In January, 2021, the reform of "comprehensive investigation once" from the perspective of the whole government (Jiaxing City) was awarded as the outstanding practice case of reform and innovation in Zhejiang Province in 2020.
In August, 2021, "comprehensive investigation once" was included in the Action Plan of "Great Comprehensive Integration" administrative law enforcement reform in Zhejiang Province (2021-2022).
In August 2021, the digital application of "comprehensive check once" was officially launched and promoted to the whole province.
In December 2021, Jiaxing’s "comprehensive check once" application was selected as the first batch of good applications of digital rule of law in Zhejiang Province.
Reporting/feedback

Wang Lihong: Innovation and Breakthrough, Promoting Digital Upgrading and Transformation

  Recently, the 2020 CCTV Education Festival was held in Beijing. With the theme of high-quality development in the new era of "Cloud Ecology and Talking about the Future", the forum focused on the education industry, commended advanced models, discussed new changes in education development, and took a new direction in education development. Wang Lihong, Chairman and CEO of Ruisi Education, shared the development strategies of educational institutions under the influence of the epidemic.

  2020 is a crucial year for China’s economic development. However, the sudden arrival of the epidemic has made all walks of life face new challenges while meeting opportunities. As the cornerstone of national rejuvenation and social progress, education shoulders the important task of transporting outstanding talents for the country. Facing the new situation and new requirements, the pattern of education industry is changing rapidly, and a new ecology needs to be formed urgently.

  At the beginning of the year, affected by the epidemic, offline educational institutions closed down one after another. In the case that the road ahead is unknown, it is a problem for all offline organizations to save money and wait for the situation to ease, or to plunge into the torrent of digital transformation without hesitation. A large number of small educational institutions have collapsed in hesitation, and educational institutions that have entered the new digital battle are also facing severe challenges. The digitalization of the education industry is not just a simple translation of offline content to online. On the online platform lacking real-time supervision and feedback, how to convey the learning content to students with intelligent tools is the key to the success of the digital transformation of educational institutions. Under the new situation that the industry structure is shuffled and the online market is hot, educational institutions must further promote digital transformation and upgrading, develop a series of high-quality online courses, conduct dual-line teaching and training for teachers through online platforms, formulate a guarantee mechanism combining online and offline, serve the whole online teaching process, promote digital upgrading through the whole system, truly realize the smooth operation of online business and provide users with a better teaching experience. Educational institutions should not only take online teaching as a temporary crisis response means, but should integrate digital strategy into the whole development chain, empower education with science and technology, and explore a new direction of industry development.

  In the field of education, strong credibility means that the brand has been fully and deeply recognized, from students, parents, teachers and employees to industry and society, all aspects are indispensable. Education is a marathon, not faster than anyone, but farther than anyone. Educational institutions should never change the initial intention of education, build a professional and warm team of teachers, constantly promote the improvement of teaching level and service quality, and help the long-term healthy development of the industry.

Poverty alleviation in the play and revitalization outside the play, recording "There are so many beauties in the country" | Seminar

In the play, with the joint efforts of poverty alleviation cadres and local people, Wanmixi Village finally took off the hat of poverty; Outside the play, Mudixi Village, the prototype of Wanmixi Village, became a tourist punch-in place for the audience, and farmers realized a substantial increase in income and set sail on the road of rural revitalization.

Author: Zheng Changhua

Wanmixi Village is a famous poor mountain village, with less than 6 points of cultivated land per capita, no other resources to use, and traffic difficulties. It has never taken off its "poor hat" for hundreds of years. It was not until the arrival of Pu Quansheng, a young poverty alleviation cadre, that the situation of Wanmixi Village was gradually changed … The story of the drama "There are so many beauties in the Jiangshan" was slowly unfolding, telling the story of the struggle of urban youth represented by Pu Quansheng and Sha Ou in Xiangxi Mountain Village for the great battle of poverty alleviation.

 

After the drama was broadcast, not only the development fate of Wanmixi Village in the drama touched people’s hearts; The prototype of the village, Mudixi Village in Zhangjiajie, Hunan Province, has also become online celebrity Village, and a series of earth-shaking changes are taking place in this poor and backward mountain village.

At the seminar "There are so many beauties in Jiangshan" held on March 10th, the guests started from the drama series and exchanged views on the practical value of the theme of poverty alleviation.

 

"From the broadcast point of view, Minning Town and" There are so many beauties in Jiangshan "are like a pair of’ sister flowers’, both of which are key plays of the General Administration and have been recognized by the audience." At the seminar on "There are so many beauties in Jiangshan", Gao Changli, director of the TV drama department of the State Administration of Radio, Film and Television, reviewed the recent main melody TV series and talked about two feelings from "There are so many beauties in Jiangshan":

 

First, the theme creation needs to take the initiative to issue questions and organize creation."There are so many beauties in the mountains" is the topic actively planned by the relevant leading departments in Hunan Province. The advantage of organizing creation is that it can "push" the creators into life to interview and investigate, and avoid behind closed doors. Minning Town had overturned the original outline of the previous Stone Blossom, and then asked the screenwriter and director to look for inspiration and material in life, and finally achieved good works.

 

Second, poverty alleviation is an eternal theme, and rural revitalization is a new battlefield.On the centenary of the founding of the Party, China’s overall victory in tackling poverty is a great practice in the history of human poverty reduction and a miracle in history. The story of poverty alleviation should be told for a long time. At the same time, literary and artistic creation should keep pace with the times, and a new journey of rural revitalization has begun. One of the great values of So many beautiful mountains is that it attracts young people to pay attention to rural issues and has a certain appeal to young people to return home, which is also the unique role of literary and artistic works. It is expected that Hunan’s "So" series will continue to exert its strength and let the audience see that "the countryside is so beautiful".

Regional customs add color to rural themes. 

In recent years, China’s rural dramas have reached the peak of creation, and a number of dramas reflecting China’s poverty alleviation have emerged one after another. Judging from the broadcast feedback, the dramas with distinctive regional characteristics performed well: the northwest customs in Minning Town and the Tujia customs in So many beautiful mountains left a deep impression on the audience.

 

"A prominent feature of" There are so many beauties in Jiangshan "is that it enriches the regional characteristics of rural TV dramas in China." Li Jingsheng, vice president of China Federation of Radio and Television Social Organizations, mentioned that the beauty of "There are so many beautiful rivers and mountains" lies in that it does not follow the conventional road, but injects distinctive regional characteristics into the drama itself through the freshness of content, form and language. "This is a creative attitude that we should cherish."

 

Sheng Boji, a film and television critic and counselor of Hunan provincial government, said that "There are so many beauties in the mountains" tells the story of Wanmixi Village’s poverty alleviation. The audience can know from the natural environment and human environment that this story must have happened in the southern mountainous area of China, and even know that the story happened in Hunan’s ethnic cottage. "I am familiar with the grass and trees in Xiangxi, focusing on the environmental images and ethnic images of the whole drama, which have truly restored the regional characteristics and are highly in line with local characteristics."

 

The formation of regional characteristics can not be separated from the repeated polishing of creative links. Zhang Huali, Party Secretary and Chairman of Hunan Radio, Film and Television Group Company (Taiwan), mentioned at the meeting that "There are so many beauties in the mountains" lasted for 11 months from the project establishment to the launch. During this period, the creative team visited many villages in western Hunan for many times and collected rich first-hand creative materials.

 

"When creating this drama, the leaders of various departments are emphasizing one sentence. The main theme TV series is the TV series first, and the creators should return to the creation of TV series." As a screenwriter of "There are so many beauties in Jiangshan", Wang Chenggang compared this task to "soldiers on the battlefield". He believed that "it is impossible to see poverty alleviation cadres in a comfortable study, let alone smell the mud on them."

 

The front line of poverty alleviation has become the permanent residence of the creative team. "When you see so many post-80s and post-90s in the front line of poverty alleviation, you will understand who the hero of this story is and what the relationship between the characters is. In the end, the series will focus on’ young people’. With the ideals and responsibilities of young people, poverty alleviation will certainly succeed. " Wang Chenggang said.

Poverty alleviation in and out of the drama

In the play, Pu Quansheng pays attention to "helping the poor first" and "transforming blood transfusion into hematopoiesis" to stimulate the local people’s fighting spirit of "fighting for dignity". He led the villagers to establish sericulture bases and tea cooperatives successively, which solved various problems such as accurate identification of poor households, left-behind children and relocation, helped Wanmixi Village to successfully "take off its hat" and realized the long-cherished wish of several generations of poverty alleviation cadres.

Luo Jin, the actor who plays the role of Pu Quansheng in the play, shared his performance experience. "After being exposed to" There are so many beauties in the country ",I feel that my mission as an actor is even heavier. This drama implants the elements of positive energy into it, which can infect the audience and bring people aftertaste and reflection. " 

In this regard, Wang Shengxiao, a doctoral student at Renmin University of China, was deeply touched as a representative of the audience. In his view, the reason why this drama resonated with young people was because it truly showed how poverty-stricken cadres mingled with grassroots people in the front line, and the idealistic passion in the drama also inspired young people to shine in their struggles.

During the broadcast of TV series, the story of getting rid of poverty in the drama is in full swing, and the action of helping rural revitalization outside the drama is also advancing simultaneously.

"I think a good play depends not only on what happens when it is broadcast, but also on what happens after it is broadcast." Guo Jia, deputy director of the Literature and Art Department of the Propaganda Department of Hunan Provincial Party Committee, said, "After the drama was broadcast, Luo Jin and several leading actors spoke for the strength of our shooting location. Mudixi village was on fire, and farmers increased their income. Even our NPC deputies sang the ending song" Come to see you with happiness "of the drama." 

Although "There are so many beauties in Jiangshan" has ended, its social influence continues. According to Ding Cheng, member of the Party Committee, deputy general manager and deputy director of Hunan Radio, Film and Television Group Corporation (Taiwan), after the play was broadcast, the infrastructure of Mudixi Village was gradually improved, and the audience who came to punch in was in an endless stream. The tourism income was more than 30 million yuan, which not only improved the living standards of the villagers, but also attracted more high-quality talents to return to their hometowns and join in the construction of their hometowns, realizing a virtuous circle of local development. The story of Mudixi Village’s poverty alleviation is still being written.

Editor | Zhu Xiaole Rao Wenyuan

Catalogue | Volume 23, Shanghai Legal Research, 2021

In order to further promote the dissemination and application of academic research results of law, from 2019, the Shanghai Law Society and China HowNet strategically cooperated to publish the Shanghai Law Research online, and published 24 volumes of large-scale original academic library of law with a scale of 10 million words every year, which was included in the full text of China HowNet, and the electronic version could be queried and downloaded online. The collection of Shanghai Legal Studies focuses on the annual production of quality and distinctive contents in the legal field. Up to now, more than 2,700 articles in all 72 volumes in 2019, 2020 and 2021 and 1-8 volumes in 2022 have been fully edited, and 2,370 articles have been launched on China HowNet, with a single download volume of 3,000 times and a total download volume of nearly 500,000 times.

Contents of Volume 23 of Shanghai Legal Studies in 2021

-southeast university anthology

Subject: crime and supervision of the rule of law

Frontier problem

On the Predicament and Outlet of Minors’ Right to Fair and High Quality Education

Zhou tong

On the Judicial Review of the Invalidation of Administrative Agreement

Wang zhengchao

On the Expansion of the Scope of Compensation for Spiritual Damage of Administrative Tort —— Based on the Interpretation of National Compensation for Spiritual Damage

Chen wulve

Predicament and outlet of full-time fact trial of people’s jurors

Chen Qian

Study on the Setting System of Temporary Administrative Measures for Major International Activities

Yang jiahao

On the "Poverty Alleviation" Precise Governance of National Folk Literature and Art from the Perspective of Utilitarianism

Li Yuanhua

On the legal responsibility for the loss caused by travel restriction in public health emergencies

Yu jiacheng

Supervise the rule of law

Optimization of the Connection Path of the Concept of "Fa Fa"

Liu Hao

Visualization Analysis of Research Hotspots and Frontiers of Supervision Law in China —— Bibliometric Research Based on cnki Database

Cui xuemeng

Feasibility analysis of setting prescription system in supervision law

Lu mengjiao

A probe into the principle of the right relief of the investigated person in the supervision procedure

Niu Mengqian

Research on National Supervision Compensation System from the Perspective of Legislation

Chen Shengnan

Criminal rule of law

The expansion of subjectivism in criminal law legislation and its countermeasures

Xu Jing

A study on the phenomenon that the sentencing suggestion of pleading guilty and admitting punishment is not adopted

Dai Minmin

On the implementation of "the same case and the same sentence" in criminal cases

Liu Meng

Reconstruction of prosecution system for dealing with crimes only after telling them.

Xu yunjie

Judicial Identification and Reflection on the Crime of Obstructing the Prevention and Control of Infectious Diseases in the Form of Dual Crimes —— Taking 64 Judgment Documents as the Starting Point

Liu xiaoning

An Analysis of Criminal Law Doctrines of "Rape and Trafficking of Women"

Xuesong Wang

Analysis on Criminal Responsibility of Stealing and Digging Black Soil

Wang Xiaoli

The applicable limit of the crime of infringing on the reputation and honor of heroic martyrs

Biezhi

Advocating the Diversification of Criminalization of Internet Fraud

Gong wenbo

The legal interest structure and development of the crime of illegal business operation

Zong shaohao

Judicial determination of the crime of infringing citizens’ personal information in the era of civil code

Wang Siqi

Qualitative research on criminal law of stealing network virtual property

Li yinqin

Civil rule of law

On the effectiveness of the parties’ agreement to attach property rights

Huang chenyu

Research on the Self-indulgent Adventure System in China’s Civil Code

Ding Dairui

On the new way of data monopoly regulation-legal examination of data portability right

Ma Jinfei

Research on the Legal Issues of Applying Safe Harbor Principle to Short Video Platform

Yang Yun

On the duty of care of network service providers in copyright infringement

Qiu Rong

Frontier problem

1. Analysis of the plight and outlet of minors’ right to fair and high-quality education

Author: Zhou Tong (Master candidate, Southeast University Law School)

Abstract: At present, the protection of minors’ right to education in China has made great progress, but with the advancement of the digital age and the change of social environment, the protection of minors’ right to education is facing new challenges. With the improvement of people’s living standards, ensuring the fair and high-quality education rights of minors in the new era has gradually become an important measure to promote the full enjoyment of educational resources for the people. Although the newly revised and implemented relevant laws respond to the social concerns of the current social minors’ right to fair and high-quality education, there is still a division between theory and practice, which needs further improvement and regulation.

Keywords: minors’ right to education is fair and high-quality; minors’ right to education is protected by law and compulsory education is regulated.

2. On the judicial review of invalid administrative agreements.

Author: Wang Zhengchao (Master candidate, Southeast University Law School)

Abstract: According to the Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Agreement Cases, both administrative legal norms and civil legal norms can be applied to the determination of invalid administrative agreements. However, the current legal norms are too general, and there are also some problems in the direct application of administrative acts and civil contracts to administrative agreements. In judicial practice, the application methods and order of administrative law and civil law are not clear enough, and the relationship between illegality and invalidity of administrative agreements is difficult to grasp. By sorting out the theoretical classification and changes of the judicial review mode of administrative agreements, this paper optimizes the review path of the invalidation of administrative agreements, and makes a normative explanation of the invalidation standards of administrative acts and civil contracts applied to administrative agreements from the perspective of jurisprudence, clarifying the relationship between "significant and obvious violation of laws and administrative regulations" and "violation of mandatory provisions" in order to improve the judicial review rules of administrative agreements.

Keywords: administrative agreement, invalid administrative agreement, invalid administrative litigation, standard law, dogmatic judicial review rules

3. On the expansion of the scope of compensation for mental damage caused by administrative infringement —— Based on the Interpretation of National Compensation for Mental Damage.

Author: Chen Wulue (Master candidate, Southeast University Law School)

Abstract: On March 25th, 2021, the Supreme People’s Court officially published the Interpretation of the State Compensation for Mental Damage, which responded to the problems in the application of the State Compensation Law since it introduced the compensation system for mental damage. However, the problem of narrow scope of compensation for mental damage caused by administrative infringement has not been effectively solved. China’s civil mental damage compensation system has a rich theoretical and practical basis, and the Civil Code has improved the tort mental damage compensation, expanding the scope of the subject and the scope of the right to claim compensation. We can reflect on and learn from the content of civil compensation system for mental damage, and combine the characteristics of administrative activities to seek the expansion of the scope of mental damage due to administrative infringement from both the subject and the content, so as to fully protect the spiritual rights and interests of the administrative counterpart.

Keywords: state compensation, expansion of the scope of compensation for mental damage caused by administrative infringement, expansion of the scope of state compensation law

4. Predicament and outlet of full-time fact trial of people’s jurors

Author: Chen Qian (Master candidate, Southeast University Law School)

Abstract: At the beginning of the establishment of the people’s jury system, people’s jurors and judges have the same position and power, and they have the power to comment on both factual and legal issues. The identification of legal issues by people’s jurors leads to the elite trend of jurors, which contradicts the value orientation of the people’s jury system. At the same time, there is still a conflict between the people’s jurors and the judges. Based on the above two reasons, it is imperative to reform the full-time fact trial of people’s jurors. However, there are theoretical dilemmas in the reform that the concepts of legal issues and factual issues are difficult to distinguish, as well as practical dilemmas that the list system of factual issues is difficult to implement, the priority presumption of factual issues is contrary to the original intention of the reform, and the disciplinary mechanism of people’s jurors is imperfect. Therefore, we should further improve the system construction of full-time fact trial of people’s jurors, distinguish objective facts from legal facts, specify the rules for making lists of facts, and establish a disciplinary mechanism for people’s jurors.

Keywords: people’s jurors full-time fact-finding list of facts, people’s jurors punish people’s jurors and reform judicial judgment

5. Study on the setting system of temporary administrative measures for major international activities.

Author: Yang Jiahao (Ph.D. candidate, Southeast University Law School)

Abstract: It is an important task for the government to ensure the smooth holding of major international activities. The administrative measures stipulated by the current laws and regulations can not meet the actual needs of the government’s various security work during the activities, so it is necessary to set up temporary administrative measures for possible security risks and emergencies. Because setting temporary measures will increase the burden on citizens, it is necessary for the Standing Committee of local people’s congresses to innovate China’s authorization legislation system and make a general authorization decision to provide a normative basis for the government to set temporary administrative measures. The temporary administrative measures set by the government according to the authorization should follow the four basic principles of efficiency, administration according to law, proportionality and human rights protection. In order to prevent the government from abusing temporary administrative measures to damage citizens’ rights, it is necessary to improve the supervision mechanism composed of the National People’s Congress, the administrative system itself and the court to review the legality and rationality of government actions.

Keywords: major international activities, administrative measures authorization decision-making system, temporary measures general authorization

6. On the "poverty alleviation" precise governance of national folk literature and art from the perspective of utilitarianism.

Author: Li Yuanhua (Ph.D. candidate, Southeast University Law School)

Abstract: In order to cope with the drastic change of production mode and social transformation, based on teleology and economic interest theory, the protection of national folk literature and art should turn to utilitarian governance. At present, the national folk literature and art has entered an uncontrollable "poverty" state, and it has fallen into an endogenous predicament because it can’t be integrated into the copyright law system, and it has fallen into an exogenous predicament because it can’t cope with the digital transformation. At the same time, it is facing a dispute over the legal basis. Therefore, it is urgent to carry out accurate governance of folk literature and art from the perspective of utilitarianism. First of all, we should complete the concept transformation from passive protection to active governance, from program protection to cultural governance, from meticulous protection to secular governance, from closed protection to market-oriented governance with different internal and external characteristics; Secondly, we should achieve precise governance in methodology, actively adapt to the protection system of copyright law, and actively adapt to the triple space composed of right subject, power subject and power subject; Finally, procuratorial public interest litigation, together with shared governance within the ethnic group and administrative power regulation outside the ethnic group, should jointly deal with the possible over-commercialization of folk literature and art governance under the market-oriented mechanism, and help folk literature and art to take the road of evolution.

Keywords: utilitarian poverty alleviation governance of ethnic and folk literature and art, limited marketization, precise governance of rights and obligations

7. On the legal liability for the loss caused by travel restriction in public health emergencies.

Author: Yu Jiacheng (Master of Constitutional Law and Administrative Law, School of Law, Zhejiang Gongshang University)

Abstract: In order to control the flow of people, China has implemented some travel restrictions. As a necessary part of the prevention and control of public health emergencies, these measures have caused unnecessary losses to citizens’ legitimate rights and interests. However, by analyzing the administrative nature of various travel restriction measures and the corresponding damage compensation methods, it can be known that the existing damage compensation measures are sparse in coverage and weak in compensation, and the actual effect is not good. In order to form a wide-ranging legal liability system for damage caused by travel restrictions, we should first clarify the state responsibility hidden behind the existing system and institutionalize and fix the existing damage compensation measures. At the same time, administrative compensation measures should be formulated as reinforcement measures, and flexible application space should be left for social equity compensation.

Keywords: prevention and control of public health emergencies, travel restrictions, damage compensation, administrative compensation and social equity compensation

Supervise the rule of law

1. The optimization of the connection path of the concept of "Fa Fa"

Author: Liu Hao (Master candidate, Southeast University Law School)

Abstract: The supervisory organ is the "leading force" of anti-corruption governance in Socialism with Chinese characteristics, and the "co-location" of discipline inspection and supervision is the "innovative top-level design" of anti-corruption governance in Socialism with Chinese characteristics. In this process, the concept of supervision is the forerunner of the orderly development of supervision and corruption control activities. First of all, according to the rigid and flexible constraint nature of the concept, the supervision concept can be divided into two levels: the supervision concept at the level of "violation of discipline" and the supervision concept at the level of "violation of law" and "touching punishment"; Secondly, as far as the extension of the supervision concept is concerned, its essence is to highlight "politics", its value is to show "fairness" and its effectiveness is to show "strictness"; Furthermore, the reason for the poor connection between the supervision concept and the judicial concept is that the extension characteristics of the three concepts of the former may interfere with the authority, affect its independence and shake its equality. Finally, it is necessary to resort to the "rule by law" under the leadership of the Party and the "rule by law" with anti-corruption as the core to coordinate the supervision concept with the judicial concept and put in order.

Keywords: supervision concept, judicial concept, law and law convergence, judicial independence and equality principle, concept harmony

2. Visual analysis of research hotspots and frontiers of China’s supervision law —— Bibliometric research based on cnki database

Author: Cui Mengxue (Ph.D. candidate of Southeast University)

Abstract: From 1992 to 2021, China’s academic circles launched a wealth of research around the supervision law, and achieved certain research results. By using citespace, this paper makes a statistical analysis of 795 documents related to supervision law, which were included in the core journals of Peking University and cssci journals (including extended boards) in China Knowledge Network during this period, and respectively processes and studies them from the key words, the amount of articles published, the time of publication, the distribution of authors and research institutions, the distribution of articles published disciplines, and the distribution of articles published periodicals, so as to draw a visual knowledge map of the research hotspots and frontiers of supervision law in China. Based on the above data, this paper analyzes the research status of China’s academic circles in the field of supervision law in recent 30 years, evaluates and points out the hot spots and existing problems of the existing research, with a view to providing some suggestions and directions for the future research in the field of supervision law in China.

Keywords: supervision law, supervision system reform, visual analysis and bibliometrics research of supervision committee of supervision system

3. Feasibility analysis of setting prescription system in supervision law

Author: Lu Mengjiao (Master candidate, Southeast University Law School)

Abstract: Prescription system is a basic rule of law system, which is widely used in civil law, criminal law and other legal systems. As a new compound right, supervision power integrates administrative supervision power, part of duty crime investigation power and supervision and prevention power. It is reasonable to consider the setting of prescription system and bring the supervision system into the track of rule of law. However, the convergence of the supervision system has not yet been put in place. In the current dual-track operating environment of government and administrative sanctions, administrative sanctions can still deal with the illegal acts of duty that have not been dealt with by government. Setting up the prescription system in the current supervision system will not only not play the role of the prescription system, but will also lead to the situation that the disposal right is transferred to the interior of the administrative organ, making the supervision right lose its supervision over the illegal acts of duty. In addition, the application of the prescription system of criminal acts in criminal law can also regulate duty crimes. Therefore, it is not appropriate to consider the prescription system of supervision power too hastily, and to prevent the prescription system from being ineffective.

Keywords:: prescription system supervision law, government disposition power, procuratorial power and rule of law

4. Probe into the principle of the right relief of the respondent in the supervision procedure.

Author: Niu Mengqian (Master candidate, Southeast University Law School)

Summary: There is no doubt that the supervision law plays an important role in concentrating on cracking down on corruption cases, but if there is power, there must be restrictions. Under the strong supervision power, the legitimate rights and interests of the respondents are easily ignored. Although the supervision law stipulates the internal and external supervision of the supervisory organs, the supervision that has not been transformed into relief is not good supervision. Supervision itself is a means, not an end. Therefore, the legal rights and interests of the respondents are often in trouble. Apart from the general anti-corruption sentiment of the people, the reasons are that the remedies of the respondents are too single and narrow, and the means of external supervision by the supervisory organs have not been transformed into remedies, and the supervisory power itself has a high weight. Therefore, in order to promote the diversification and openness of the remedies for the rights of the respondents, we should follow the principles of giving priority to public remedies, exhausting internal remedies and ensuring the normal and smooth operation of the former two, so as to fully protect the legitimate rights and interests of the respondents during their supervision.

Keywords: supervision law, the rights of the respondent, relief and supervision organs, anti-corruption power constraints

5. Research on State Supervision Compensation System from the Perspective of Legislation

Author: Chen Shengnan (Master candidate, Southeast University Law School)

Abstract: Under the background of the new era of upholding the rule of law in an all-round way and deepening the reform in an all-round way, the reform of the national supervision system goes hand in hand with the rule of law. Based on the deepening of the reform of the supervision system, the supervision compensation system, as an important part of the national supervision system and mechanism, is not only the basic embodiment of the principle of power restriction, but also the value orientation of highlighting the legal operation of supervision power and the consistency of powers and responsibilities. Considering the lack of legislation in the state supervisory compensation system and the particularity of supervisory power, on the basis of seeking the two-way connection between the supervisory compensation system and the state compensation system, this paper discusses its legislative path and initially constructs the basic framework of the state supervisory compensation system, with a view to filling the legislative gap of the supervisory compensation system and realizing the theoretical perfection and innovation of the supervisory compensation system.

Keywords:: supervision and compensation, legal connection, legislative path system, construction of the rule of law, power restriction

Criminal rule of law

1. The expansion and response of subjectivism in criminal law legislation

Author: Xu Jing (master student of Southeast University)

Abstract: The first criminal law promulgated in 1979 adopted the behaviorism position, and the core of conviction and sentencing was the infringement of legal interests by behavior. Since the Criminal Law Amendment (VIII), the subjectivism position has appeared, and the behaviorism position has been unable to meet the needs of current judicial practice. Subjectivism takes the subjective danger of the actor as the standard of conviction and sentencing, and externalizes it into the danger shown by the actor’s repeated illegal and criminal acts. Promoting subjectivism in legislation is conducive to ensuring the basic rights of criminals on the basis of eliminating their social harm. Analyze the characteristics of subjectivism and objectivism, and adjust the content of criminal law legislation to make appropriate improvements according to the current criminal situation. The expansion of subjectivism adapts to the needs of society, and at the same time, it is necessary to analyze the specific situation, find and standardize the risks contained in the expansion of subjectivism, and take appropriate measures to resist the possible risks.

Keywords: subjectivist criminal law legislation on special preventive security measures against personal danger

2. Research on the phenomenon that the sentencing suggestion of pleading guilty and admitting punishment is not adopted.

Author: Dai Minmin (Master candidate, Southeast University Law School)

Abstract: The establishment of the lenient system of pleading guilty and admitting punishment has had a certain impact on sentencing suggestions. The system of pleading guilty and lenient punishment has not changed the fundamental attribute of sentencing suggestions, and it still has the nature of suggestions, but the provisions of Article 201 of the Criminal Procedure Law make it binding on court decisions. The completely different views of the court and the procuratorate on sentencing suggestions further lead to the confusion in the adoption of sentencing suggestions in practice, which hinders the development of the system of pleading guilty and recognizing punishment. Through the empirical investigation of sentencing suggestions, it is found that the court’s adoption of sentencing suggestions mainly has some problems, such as inconsistent acceptance standards, violation of procedural regulations, and insufficient communication between the legal and procuratorial parties. On the premise of recognizing that sentencing suggestions are procedural powers and binding to some extent, it is suggested to improve them from three aspects: establishing a correct concept of power of prosecution and trial, refining examination standards and strengthening communication between law enforcement and prosecution.

Keywords: guilty plea, lenient punishment system, sentencing suggestion, not adopting the standard judicial procedure of reviewing the relationship between prosecution and trial

3. On the implementation of "the same case and the same sentence" in criminal cases

Author: Liu Meng (Master candidate, Southeast University Law School)

Summary: "Same case and same sentence" in criminal cases refers to "the same treatment of similar cases", which is not only the inherent requirement of the fairness and justice value of law and the principle of clarity of criminal law, but also the inevitable trend of responding to judicial chaos and people’s demands. The discussion of the specific connotation of "the same case and the same sentence" should be carried out in the specific context of departmental law. For "the same case", the criterion in the conviction stage is the constitution of the crime, and the criterion in the sentencing stage is the main sentencing circumstances; For "same sentence", cases with the same crime constitution and the same sentencing circumstances should be punished with the same penalty, and the limitation of knowledge level and the existence of discretionary sentencing circumstances allow differentiated judgments. In order to realize "the same case and the same sentence", on the one hand, it is necessary to strengthen the retrieval of similar cases in criminal justice, promote the compulsory retrieval mechanism of similar cases and the assistance of artificial intelligence to similar case retrieval; On the other hand, we should attach importance to the role of case guidance system in criminal justice, and at the same time, the local people’s courts should explicitly apply it when issuing guidance cases in the Supreme People’s Court.

Keywords: "the same case and the same sentence" in criminal cases, case retrieval, mandatory retrieval of big data case guidance system

4. Rebuilding the prosecution system of dealing with crimes only after telling them.

Author: Xu Yunjie (Master candidate, Southeast University Law School)

Abstract: Looking at the current operation of the strict private prosecution system, there are some prominent problems, such as the lack of prosecution efficiency and improper intervention of public power. In essence, there is no conflict between the right of private prosecution and the right of state prosecution, and they are unified in protecting citizens’ rights. Therefore, removing the barriers of public prosecution and private prosecution and positioning the crime of handling only by telling as the nature of public prosecution will help solve the problem of functional failure and weak operation of strict private prosecution system. In order to overcome the infringement of private rights and the hard impact of state prosecution on social order, it is necessary to give full play to the horizontal supervision of power and the vertical restriction of rights at the same time, and to ensure the legitimacy of state prosecution and the autonomy of the exercise of rights through pre-trial meetings and granting citizens the right to self-determination. Reconstruct the dual prosecution mechanism with trial as the center and parallel public and private prosecution, respect the individual will of citizens on the basis of ensuring the effectiveness of the prosecution system, and connect with the criminal reconciliation system to form a complete and flexible relief system.

Keywords:: tell to deal with the crime of libel by public prosecution and private prosecution, and parallel public prosecution and private prosecution at the pre-trial meeting

5. Judicial Identification and Reflection on the Crime of Obstructing the Prevention and Control of Infectious Diseases in the Form of Dual Crimes —— Taking 64 Judgment Documents as the Starting Point

Author: Liu Xiaoning (Master candidate, Southeast University Law School)

Abstract: The basic crime of obstructing the prevention and treatment of infectious diseases has the dual criminal forms of specific dangerous crime and actual harmful crime. Based on the statistics and analysis of 64 judgment documents on the crime of obstructing the prevention and control of infectious diseases, there are four problems in the determination of dual crimes by judicial organs: first, the dilemma of distinguishing between "spread" and "serious danger"; Second, judging the logical misunderstanding; Thirdly, the emphasis on judging factors is only the result theory; Fourth, the tendency of abstract danger in identification. The above problems need to be solved from the theory of protecting the interests of the crime of preventing and controlling infectious diseases. Guided by the binary set theory of public health legal interests, the double serious danger rule can be used to distinguish "communication" from "serious danger" and "serious danger", and the binary result rule can be used for "communication".

Keywords: dual crime forms of the crime of obstructing the prevention and control of infectious diseases, specific dangerous crime, abstract dangerous crime and actual harmful crime, combining leniency with severity

6. The doctrinal analysis of criminal law on "raping abducted women"

Author: Wang Xuesong (Master candidate, Southeast University Law School)

Abstract: The aggravated punishment for "raping a trafficked woman" is based on the fact that sexual assault under illegal control leads to the aggravation of illegality and responsibility; "Rape a trafficked woman" does not mean "rape a trafficked woman". The meaning of "rape" in the former is wider than that in the latter, but it does not include the sexual relationship between the perpetrator and the trafficked woman against the will of the woman, so "rape a trafficked woman" is not a joint crime in the strict sense. The criminal law amendment (11) supplements the aggravated circumstances of rape, which further makes the theory of "combined punishment for several crimes" against the act of "raping and abducting young girls" lose its rationality, and the only reasonable way is to explain "women" in substance; Whoever buys a trafficked woman and forcibly has sex with her and then sells it shall be punished as the crime of abducting and selling women and children; The participation of many people in "raping trafficked women" should be analyzed according to the theory of causal accomplice.

Keywords: rape and trafficking of women, rape of young girls, wrong motives, crime of trafficking in women and children causal accomplice

7. Analysis of criminal responsibility for stealing and digging black soil.

Author: Wang Xiaoli (Master candidate, Southeast University Law School)

Abstract: Due to the lack of protection of black soil resources in China’s laws at present, there is a serious problem of different judgments on unauthorized soil mining in judicial practice. The application of the crime of illegal mining is suspected of violating the principle of a legally prescribed punishment for a crime. The application of the crime of illegal occupation of agricultural land cannot deal with the situation of legal occupation of land, and the sale of black soil does not belong to "illegal operation". Forced application will aggravate the "pocketing" of the crime of illegal operation. Black soil belongs to state-owned resources, and the act of stealing and digging black soil violates the state’s ownership of black soil resources, which conforms to the constitutive requirements of theft. Under the existing legislative framework, it should be evaluated as theft.

Keywords:: the crime of stealing and digging black soil mineral resources, illegal mining and theft constitute criminal responsibility

8. The applicable limits of the crime of infringing on the reputation and honor of heroic martyrs

Author: Unique (Master’s degree candidate, Southeast University Law School)

Summary: The Criminal Law Amendment (11) adds one of the 299th articles of the Criminal Law to the crime of infringing on the reputation and honor of heroic martyrs. It is not appropriate to abuse "insulting heroes and heroes" as the reason for the crime: among the elements of illegality, "heroic martyrs" should be interpreted restrictively and cannot become "heroic martyrs" in criminal law without the approval of competent authorities. The strong subjective condemnation of inappropriate speech is not the standard of "serious circumstances" Based on the particularity of network order, real social order and network order should not be confused when convicted; We should give full play to the important role of pre-law in governing the network environment, so it is not appropriate to establish the crime of infringing on the reputation and honor of heroic martyrs by publishing inappropriate comments about public figures on online social platforms.

Keywords:: the crime of infringing on the honor of heroic martyrs, the amendment to the criminal law, and the interpretation of the restriction of freedom of speech in honor infringement

9. Advocating the diversification of online fraud.

Author: Gong Wenbo (researcher, Research Center for Network Security and Rule of Law, Southeast University)

Abstract: With the development of network technology, online fraud in the web3.0 era has gradually shown the characteristics of large time and space span, non-contact, rapid spread and large number of people involved, which are different from traditional fraud. However, China still adopts the same way as traditional fraud, taking the amount as a single conviction standard, without combining the characteristics of online fraud, resulting in a high crime rate and a low conviction rate. At the same time, because online fraud only occurs in cyberspace, the transfer of crime sites does not change the nature of the behavior, and it is still necessary to invoke fraud to regulate online fraud. Reasonable demarcation of the judicial application boundary of online fraud should make the constitutive elements of online fraud diversified while keeping the amount of online fraud consistent with that of traditional fraud.

Keywords:: crime of fraud, network fraud, upgrading and cracking down on judicial application, constitutive requirements and conviction criteria

10. The legal interest structure and development of the crime of illegal business operation

Author: Zong Shaohao (Special Research Fellow, Anti-corruption and Rule of Law Research Center, Southeast University)

Abstract: The "pocketing" trend of the crime of illegal business operation originates from the judicial level, and the core lies in the improper definition of the content of legal interests. The traditional theory of order or system violates the principle of proportionality, deviates from the content of the principle of legal interest protection, and lacks substantive interests, which is no longer applicable to the current market economic system; The recent monistic theory of legal interest ignores the role of suprapersonal legal interest, and the deduced relationship and even the rank relationship advocated by it are unreasonable, which is inconsistent with the socialization trend of legal interest and makes the independence of the crime doubtful, which is not a reasonable conclusion of legal interest interpretation. The dual theory of legal interests, which is also a humanistic view of legal interests, is worth advocating. On this basis, the protection interest of the crime of illegal business operation should be the security of market economy, and it is necessary to refer to the legal interest established by the previous law to form a more accurate content of the lower security interest in the case. Subsequently, we should adopt the method of "formal incrimination standard+substantive incrimination standard" to scientifically judge whether it has reached the legal interest infringement worthy of punishment.

Keywords: "Pocket-oriented" dual legal interest theory of the crime of illegal business operation is beyond personal legal interest, and the essence of market economic security is guilty.

11. Judicial determination of the crime of infringing citizens’ personal information in the era of civil code

Author: Wang Siqi (Master candidate, Southeast University Law School)

Abstract: The arrival of the era of civil code provides a strong pre-legal basis for the judicial determination of the crime of infringing citizens’ personal information. In order to ensure the unity of legal order, on the premise that the personality right of the civil code is compiled independently and the protection of personal information is absorbed in it, the identification of the criminal object of the crime of infringing on citizens’ personal information should be affected accordingly, and the concept definition should adopt the identification theory. At the same time, the "explicit consent" rule stipulated in the civil code should have an impact on the identification of the criminal object of this crime, and it should tend to identify the legal interests infringed by the crime of infringing on personal information as personal legal interests rather than super-personal legal interests. Finally, in terms of the objective identification of crime, the promulgation of the Civil Code will have an impact on the definition of the scope of "violation of relevant state regulations" and bring enlightenment to whether "illegal use of information" should be criminalized.

Keywords: the identification theory of the crime of infringing citizens’ personal information clearly agrees with the judicial identification of the theory of super-personal legal interests

12. Qualitative research on criminal law of stealing network virtual property.

Author: Li Yinyong (Master candidate, Southeast University Law School)

Abstract: There is a dispute between the regulation theory of property crime and the regulation theory of data crime about the criminal law nature of stealing virtual property on the Internet. In the field of pre-law, the property of virtual property, which straddles the binary system of property and debt, will inevitably be linked with the characterization of behavior in criminal law. Interpreting virtual property as "property" in property crimes is actually an explanation of the principle of legality violation under the motivation of strengthening the protection of online virtual property interests, and it is realized by replacing the concept of "property" with the concept of "commodity" and "legal interest" with "interest" in criminal law. Restoring network virtual property belongs to the performance certificate of internet contract and the fact that the field of virtual property is different from the real world. Constructing an explanation path with legal interests as the guide, constitutive requirements as the core and the principle of suiting crime to punishment can lead to the rationality of regulating the theft of network virtual property by data crimes.

Keywords: stealing network virtual property, property data, legal interests, crime possessing property interests

Civil rule of law

1. On the effectiveness of the parties’ agreement to attach property rights.

Author: Huang Chenyu (Master candidate, Southeast University Law School)

Abstract: Throughout the case of the execution of objections by outsiders such as Heshan Zhujiang Rural Bank and Guoshang Company, the core issue of the case lies in whether the ownership of the legal attachment can be decided in advance and the influence of the increase in the value of the mortgaged property due to the attachment on the scope of the mortgagee’s exercise of the mortgage. Now, the latter point has been solved by Article 41 of the Civil Code Interpretation of Guarantee System, which has changed its rules and is more reasonable and fair. That is, when the value of collateral changes due to attachment, the effective scope of mortgage is no longer linked to the ownership status of the attachment as in Article 62 of the original Interpretation of Guarantee Law, but only to the value of the original mortgage. However, the first dispute, that is, when the parties have an agreement, what is the ownership of the attachment after the movable property is attached to the real estate, and what kind of explanation should be made for the nature of the attachment behavior, has not been answered under the background of different judgments and incomplete reasoning of the two courts, and the real value is further studied.

Keywords: the ownership of the attached property right, the compulsory and arbitrary mortgage agreed by the parties

2. Research on the risk-taking system in the Civil Code.

Author: Ding Dairui (Master candidate, Southeast University Law School)

Abstract: The risk-taking system stipulated in Article 1176 of the Civil Code is the first statutory exemption for "all-cause or nothing" in China’s tort law system, which has important practical significance. It is worthy of recognition that the establishment of the voluntary risk-taking system is helpful to improve judicial efficiency, encourage people to actively participate in cultural and sports activities and improve people’s physical fitness. However, there are some problems in the establishment of this system that need to be improved as soon as possible. The loopholes in the application of rules should be improved as soon as possible, and the responsibility between the victim and the offender or between the victim and the organizer should be handled with fairer and more reasonable rules, so as to better realize the original intention of the voluntary risk-taking system. Strictly limiting the scope of application, applying the principle of fault offset and stipulating the rules of victim consent can make this system more perfect.

Keywords:: willing to take risks, judicial efficiency, balance of interests, exemption, negligence and victim’s consent

3. On the legal review of the right of data portability

Author: Ma Jinfei (Master candidate, Southeast University Law School)

Abstract: Under the situation of data monopoly, new enterprises often face many barriers to entry from law, technology and market, and the data monopolist can take advantage of its dominant market position to take a series of improper behaviors such as compulsory incompatibility, price discrimination and excessive collection of user privacy. At present, the European Union takes the lead in adopting the data portability right, and by giving the data subject the right to personal information, it explores a new way to indirectly regulate the data monopoly. However, there are some problems in the three aspects of "data portability right", such as data security risks, weak interoperability and the possibility of over-regulation, which need to be identified and prevented when we introduce it. In the current situation, it is not appropriate to directly stipulate the data portability right in the personal information protection law, but we should strengthen the theoretical research on the data portability right and the construction of supporting systems. When the conditions are ripe, we can explore adding the relevant provisions of "data portability right" in the form of legal amendment. When joining this clause, we should pay attention to joining the exemption system for small and medium-sized enterprises, expanding the scope of data subjects and strengthening the connection with other laws.

Keywords: personal information protection, data portability, general data protection regulations, data monopoly, data access convergence

4. Research on the legal issues of short video platform applying the safe haven principle.

Author: Yang Yun (Master candidate, Southeast University Law School)

Abstract: With the development of Internet technology, users gradually break the time and space constraints for entertainment consumption. In this context, the short video communication mode came into being. The low threshold of short video production not only greatly inspired the creative enthusiasm of the public, but also brought huge economic benefits to the platform. However, with the sinking of the market, the quality of short video content becomes more and more difficult to guarantee, and the phenomenon of copyright infringement such as video handling between users becomes more and more serious. In this regard, the obligee thinks that the platform’s duty of care should be increased, so that it can’t enjoy the traffic bonus brought by short videos while using the "notification-removal" procedure to easily enter the "safe haven". However, short video platforms often refuse to bear the responsibility of being triggered by users uploading infringing short videos themselves on the grounds that they have no obligation to review the legality of copyright. In view of the conflict of interests between the two parties, how to apply the safe haven principle to better reconcile the demands of both parties has become an urgent problem to be solved at present.

Keywords: short video safe haven principle duty of care "notice-delete" platform Internet

5. On the duty of care of Internet service providers in copyright infringement.

Author: Qiu Rong (Master candidate, School of International Law, East China University of Political Science and Law)

Abstract: Duty of care is an important factor to judge whether network service providers need to bear indirect tort liability, and the establishment of its connotation and applicable standards is very important for copyright protection in the network environment. When setting the duty of care of network service providers, we should base on the principle of balance of interests, clarify the functional orientation of the duty of care of network service providers in China’s copyright law, and at the same time, we should comprehensively consider the types of network service providers, tort, infringing objects and non-neutral behaviors of network service providers and other factors that affect the applicable standards of duty of care. On this basis, we should promote the construction of the standard of duty of care of network service providers, and clearly set the duty of care of network service providers at different stages of infringement, so as to further protect the rights and interests of copyright owners and the public, and create a harmonious society.

Keywords: Internet service providers’ duty of care for infringement, balance of interests of applicable standards of copyright

Shangguan author: Shanghai Law Society

"People-centered new urbanization" embodies the fundamental purpose of people-centered.

  The Fifth Plenary Session of the 19th CPC Central Committee made important arrangements for the new urbanization strategy, and proposed to "adhere to the implementation of major regional strategies, regional coordinated development strategies, and main functional area strategies, improve the system and mechanism of regional coordinated development, improve the new urbanization strategy, and build a high-quality land spatial layout and support system", especially pointing out that it is necessary to "promote the new urbanization with people as the core". Promoting the new urbanization with people as the core is the concrete embodiment of Socialism with Chinese characteristics’s basic strategy of adhering to the people as the center in the urbanization work in the new era, which we should deeply understand and conscientiously implement.

  Urban planning should adhere to the all-round progress of society and the all-round development of people

  Throughout the development of human society, urbanization is an insurmountable stage for a country to modernize. In the development of a country, industrialization and urbanization often accompany each other and promote each other. The objective law of economic development determines that industry and population are concentrated in advantageous areas, and economy and factors are concentrated in cities and towns. This concentration and aggregation can produce a "multiplier effect", which is conducive to improving productivity and creating more material wealth. This objective economic law makes people realize that urbanization is an important driving force for economic development, and then make urban planning from the perspective of economic development. It cannot be ignored that urbanization is an important driving force for economic development, but it is not the ultimate goal of economic development. The ultimate goal of economic development is to let people live a good life. Therefore, to promote new urbanization with people as the center, urban planning should adhere to the all-round progress of society and the all-round development of people.

  All-round social progress and all-round human development are two sides of the same problem. Marx pointed out in the Outline of Feuerbach that "the essence of human beings is not an abstract thing inherent in a single person, but in reality, it is the sum of all social relations". Social relations are precisely formed by people in the process of production and life. In this sense, all-round social progress and all-round human development are interdependent and mutually reinforcing. On the one hand, all-round social progress provides the premise and foundation for all-round development of human beings, on the other hand, all-round development of human beings is a necessary condition for all-round social progress. Adhering to the all-round progress of society and the all-round development of people means persisting in taking the people as the center. Specifically, in urban planning, we should focus on the concrete embodiment of the main social contradictions in urbanization in Socialism with Chinese characteristics in the new era, promote the overall layout of "five in one" and the strategic layout of "four comprehensive" as a whole, firmly establish a new development concept, and adhere to the new urbanization road with China characteristics, which is people-oriented, synchronized with the four modernizations, optimized layout, ecological civilization and cultural inheritance.

  Urban planning should be guided by the idea of ecological civilization and the overall concept of national security

  Cities are symbols of human civilization and represent the height of civilization. In the era of agricultural civilization, human beings began to migrate to cities, and this migration was accelerated in the era of industrial civilization. In the process of urbanization in China, influenced by the concept of industrial civilized city, there is a problem of ignoring the construction of ecological civilization, which leads to the construction of ecological civilization in some places becoming a prominent shortcoming. On the one hand, the production capacity of industrial products and services is expanding, on the other hand, the ability to provide high-quality ecology is weakening. In response to this phenomenon, the Supreme Leader General Secretary profoundly pointed out that "man and nature are a symbiotic relationship, and the harm to nature will eventually hurt mankind itself". Practice has repeatedly proved that the urban planning led by industrial civilization, due to insufficient attention to ecology, eventually caused harm to people and hurt people’s safety, the purpose of national security.

  To persist in taking people as the center and promote new urbanization, we must adhere to the guidance of ecological civilization and overall national security concept in urban planning. To build a livable city, we must adhere to the idea of ecological civilization, adhere to the harmonious coexistence between man and nature, and regard the city as an organic life. Urban planning should not only respect the laws of economy, society and urban and rural development, but also pay attention to the laws of nature. It is necessary to delimit the red line of ecological protection and the boundary of urban development to reserve space for sustainable development. To build a resilient city, we must adhere to the overall national security concept and pay special attention to the economic security, cultural security, social security, ecological security and resource security of the city. It is necessary to avoid the scale and speed of urban construction exceeding financial resources, thus accumulating financial and financial risks. It is necessary to maintain the soul of the city, inherit our national culture and continue the historical context of the city. We should pay attention to the security and stability problems brought about by population mobility, changes in social structure and diversification of interest demands in the process of urbanization, and improve the modernization level of urban governance. It is necessary to set up necessary ecological security barriers, delimit and strictly observe the ecological red line. We should vigorously economize and intensively use resources and form a green development mode and lifestyle.

  Urban development should take people’s life safety and health as the basic goal.

  General Secretary of the Supreme Leader pointed out, "If the goal of urbanization is correct and the direction is right, a new path can be found, which will help to release the huge potential of domestic demand, improve labor productivity, crack the dual structure of urban and rural areas, promote social equity and common prosperity, and the world economy and ecological environment will also benefit from it." This passage profoundly points out the importance of urban development goals, which is related to how to take the new urbanization road.

  In the process of urbanization, there is a lesson that our goals are biased. In some places, the urbanization rate is pursued unilaterally, and it is a hard task to improve the urbanization rate in the statistical sense, relying on administrative orders to increase the number. For example, many places blindly build a large number of new towns and districts, and as a result, no one comes, thus accumulating a lot of contradictions and problems. For another example, in some places, when promoting the urbanization of agricultural transfer population, they did not respect the wishes of farmers and demolished rural houses regardless of conditions, which had a very bad social impact. Facts have proved that urbanization is a natural historical process and a process of economic and social development. We must proceed from the basic national conditions in the primary stage of socialism and take people’s life safety and health as the basic goal.

  Taking people’s life safety and health as the basic goal, we must earnestly achieve "people first, life first, and protect people’s life safety and health at all costs." There are many urban development goals, such as economic development goals, social development goals, infrastructure construction goals, regional coordination and urban-rural integration development goals. Taking people’s life safety and health as the basic goal of urban development is not to ignore other development goals, but to obey the basic goal of serving people’s life safety and health when setting other development goals. When other development goals conflict with the basic goals, we should adhere to the priority of the basic goals and appropriately revise other development goals.

  Overall planning of urban layout should effectively meet people’s needs

  Marxism holds that material production activities and modes of production are the basis for the existence and development of human society and the primary premise of all other human activities. This foundation and primary premise is precisely to "produce materials that meet these needs (food, clothing and shelter)". It is not difficult to see that the fundamental purpose of human activities is to meet people’s practical needs. To promote a new type of urbanization with people as the core, we must also effectively meet the practical needs of the people. In this regard, the General Secretary of the Supreme Leader pointed out that "urban development should not only consider economies of scale, but also put ecology and safety in a more prominent position, and coordinate the economic needs, living needs, ecological needs and safety needs of urban layout".

  First of all, coordinating economic needs is the basis of promoting new urbanization with people as the core. The formation of modern cities stems from the huge demand for labor force from the development of machinery industry, which shows that economic needs are the basis of urbanization. How to meet the people’s economic needs, General Secretary of the Supreme Leader put forward: "The key for people to settle down in cities is to cultivate and develop distinctive urban industrial systems according to urban resource endowments, strengthen specialized division of labor and cooperation among cities, and enhance the industrial undertaking capacity of small and medium-sized cities, especially to increase the proportion of service industries, enhance urban innovation capabilities, and create a good employment and living environment." Secondly, coordinating life needs is the goal of promoting new urbanization with people as the core. The fundamental goal of promoting new urbanization with people as the core is to meet people’s living needs. To meet the needs of life, we must actively promote the citizenization of agricultural transfer population and ensure that we enjoy the same rights and fulfill the same obligations as urban residents. Improve urban functions in an all-round way, improve the level of urban public services, increase the supply of public services, and enhance the ability to support population agglomeration and services. Thirdly, coordinating ecological needs is the condition for promoting new urbanization with people as the core. Urbanization is restricted by natural conditions, carrying capacity of resources and environment, and the level of economic and social development. Meeting people’s ecological needs can not only provide people with more high-quality ecological products, but also provide natural conditions and resource and environmental conditions for new urbanization with people as the core. Finally, coordinating security needs is the guarantee of promoting new urbanization with people as the core.According to Maslow’s hierarchy of needs theory, once people’s basic physiological needs are met, security needs will become the most important needs. Prosperity and security are the most basic and universal aspirations of the people. Without security and stability, nothing can be said. Only when the society remains safe and stable can we better promote the new urbanization with people as the core.

  At the historical intersection of "two hundred years", the Fifth Plenary Session of the 19th CPC Central Committee put forward a perfect new urbanization strategy with people as the core, and the "the Central Committee of the Communist Party of China’s Proposal on Formulating the 14th Five-year Plan for National Economic and Social Development and the Long-term Target for the Year 2035" reviewed and adopted put forward substantial urban planning and construction management contents. As long as the whole party and people of all ethnic groups closely unite around the CPC Central Committee with the Supreme Leader as the core and work hard with one heart and one mind, we will certainly be able to better promote the new urbanization with people as the core and provide people with a healthier, safer and more livable high-quality living space!

  (The author is a researcher at Tianjin University of Science and Technology Base, Socialism with Chinese characteristics Theoretical System Research Center, Tianjin)

Two new cases of asymptomatic infection in Covid-19 were reported in Wuhan.

  CCTV News:"Wuhan Release" WeChat WeChat official account News, June 30, 0— At 24: 00, Wuhan found 2 asymptomatic infected people in Covid-19 during routine screening of closed-loop management staff of overseas cargo flights. The relevant information is hereby notified as follows:

  Asymptomatic Infected Person 1: Engaged in the cargo handling of overseas cargo flights at the airport, belonging to high-risk positions, and transferred to isolated hotels for centralized residence after work. When the key personnel were found to be positive in routine nucleic acid detection, they were immediately transported to Jinyintan Hospital, and were diagnosed as asymptomatic infected people according to their clinical manifestations.

  Asymptomatic Infected Person 2: Engaged in overseas cargo flight agency work at the airport, belonging to high-risk employees, and transferred to isolated hotels for centralized residence after work. When the key personnel were found to be positive in routine nucleic acid detection, they were immediately transported to Jinyintan Hospital, and were diagnosed as asymptomatic infected people according to their clinical manifestations.

  Asymptomatic infected persons 1 and 2 participated in the cargo loading and unloading of an overseas cargo flight on June 26, and had a history of common exposure. There is no social activity track in Wuhan. Other exposed personnel in epidemic-related places are all under isolation control, and measures such as external environment detection and disinfection have been implemented in key areas. As of 24: 00 on June 30, 199 people exposed to other epidemic sites were tested for nucleic acid, and the results were all negative; 145 samples from the environment outside the epidemic site were collected, and the results of nucleic acid detection were all negative; 16,954 other staff members in the whole airport were tested for nucleic acid, and all the results were negative.

Change, Evolve, Store Risk, Tide and Cultivate New Machines —— Scanning the international situation in the middle of the year

  Xinhua News Agency, Beijing, July 13th  Title: Change, evolution, risk accumulation, tide and mighty training of new machines — — Scanning the international situation in the middle of the year

  Xinhua news agency reporter

  Looking back on the first half of the year, it seems that the accelerated evolution of the world situation is always impacting the nerves of the world. The United States continues to create camp confrontation on a global scale, and the Ukrainian crisis is in a long-term trend. The global economy is facing the test of low growth, and the trend of "dollarization" of the international monetary system is becoming more and more obvious. Extreme high temperatures are widespread in the northern hemisphere, warning that it is more urgent to deal with climate change. At the same time, the new development of artificial intelligence technology has driven a new round of scientific and technological revolution and accelerated industrial transformation.

  A "wave of reconciliation" has set off in the Middle East, and developing countries have rapidly awakened their sense of autonomy and become more active in the international arena. At the same time, China’s diplomacy has pressed the "acceleration button" to inject more certainty and positive energy into the turbulent and changing world.

  The United States continues to push up the risk of "new cold war"

  At present, the domestic political polarization in the United States is getting worse and worse, and the social tear is getting worse and worse. The U.S. government attempts to pass on the domestic crisis by creating camp confrontation in the international arena, and continuously pushes up the risk that the world will fall into a "new cold war."

  Since the beginning of this year, in order to safeguard hegemonic self-interest, the United States has continued to delay the war in Ukraine, forced Japan-ROK relations, and promoted military cooperation between the United States, Britain and Australia, with the intention of disrupting peace and stability in Asia, Europe and the Asia-Pacific region; In Africa, Latin America, South Pacific and other regions, the United States constantly exaggerates the tense atmosphere and undermines normal economic and trade cooperation by "exclusive" means.

  The United States has gone further and further along the road of suppressing China in all directions: it continues to implement "decoupling and breaking the chain" with China, especially in the field of science and technology, in order to reduce China’s development space in the frontier science and technology field; In order to cover up the intention of "decoupling", the so-called "de-risk" rhetoric is thrown out, the essence of which is to change the old wine in new bottles without changing the medicine; In the Taiwan Strait and the South China Sea, it has repeatedly provoked confrontation, hollowed out the one-China principle, and continuously strengthened the US military’s presence in the South China Sea.

  Yan Li, executive director of the Institute of World Politics of China Institute of Contemporary International Relations, pointed out that senior American officials also put forward the "New Washington Consensus" in an attempt to find a solution to contain China from the institutional level. Li Zheng, an associate researcher at the American Institute of China Institute of Contemporary International Relations, noted that the US government has taken measures to curb China in key raw materials, emerging technologies, markets, standard setting and other fields, and attempted to coordinate and promote it on a global scale.

  In the first half of the year, the United States openly coerced the European Union and other allies to restrict the export of semiconductor production equipment to China; At the G-7 summit, the United States showed no respect for its allies, which made the international community see more clearly that the so-called G-7 was actually "1+6". The United States will mercilessly "harvest" its allies when necessary.

  The actions of the United States show that this declining superpower is still trying to maximize its own self-interest by relying on its economic strength, which accounts for more than 20% of global GDP, and occupy the leading position in terms of rules, standards and discourse power. This hegemonic logic has been widely resisted around the world.

  Richard haas, former president of the American Council on Foreign Relations, who has served in the US government and security agencies for a long time, pointed out a few days ago that the real danger of the United States is at home, and the most serious threat to world security at present is the United States itself.

  Ukraine’s crisis has been expanding for a long time.

  Since the escalation of the Ukrainian crisis, the attack and defense between Russia and Ukraine have been carried out alternately. Recently, the Ukrainian army began a partial counterattack. The Russian side stated that the Ukrainian armed forces suffered heavy losses. Russian President Vladimir Putin pointed out that the war damage of the Ukrainian army shows that western countries intend to fight Russia to the last Ukrainian.

  The delay of the conflict has brought more disasters to the local people’s livelihood. The destruction of Kahovka Hydropower Station has affected the production and life of 1.4 million people.

  It is worth noting that the United States and the West have repeatedly broken through their own commitments and continuously improved the performance of aid weapons to Ukraine. At first, they only provided helmets and individual anti-tank missiles, and now they have begun to provide NATO active main battle tanks and armored vehicles, and then depleted uranium bombs and cluster bombs. Even on the issue of aid to Uzbekistan for F-16 fighters, there are signs of letting go.

  Han Lu, deputy director of the Eurasian Institute of China Institute of International Studies, said that while sending deadly weapons to the battlefield in Ukraine, the United States tried its best to pour fuel on the fire, while at the same time openly and secretly obstructing persuasion and promoting talks, in an attempt to achieve "killing two birds with one stone", that is, preventing the EU from achieving strategic autonomy and continuing to consume and suppress Russia.

  The Russian economy has shown resilience under the pressure of western sanctions. According to official data, Russia’s current inflation level and debt-to-GDP ratio are lower than those of many western countries, and the unemployment rate remains at a low level. Trade between Russia and many countries in South Asia, the Middle East and Europe has continued to grow substantially. Western public opinion admits that the Russian economy "successfully withstood the unprecedented severe sanctions in the West".

  On the one hand, the United States and the West added fuel to the fire, on the other hand, the vast number of developing countries generally refused to take sides, and the trend of multipolarization for peace, development and cooperation became more and more powerful.

  Many countries in the world are facing the challenge of "low growth"

  At the end of last year and the beginning of this year, many international institutions predicted that the global economy would fall into recession and high inflation this year. Recently, the World Bank and the United Nations raised their global economic growth forecasts to 2.1% and 2.3% respectively, indicating that the global economy may be more optimistic than expected in the past six months.

  However, low growth is still a severe challenge that many countries in the world need to deal with urgently. The World Bank believes that the overall growth of the global economy is expected to be weak this year and next, except for the outstanding performance of individual economies. Jill, chief economist of the World Bank, said that the global economy is in an "unstable" state, and economic growth in many regions can hardly meet the needs of social development except East Asia and South Asia. The Organization for Economic Cooperation and Development also believes that global economic growth is on a "long and tortuous road".

  The dilemma of global economic growth is caused by the superposition and interweaving of multiple factors. Zhang Yuncheng, director of the Institute of World Economics of China Institute of Contemporary International Relations, believes that from a cyclical perspective, the global economy is in a long-term downward phase; From the perspective of economic order, in order to maintain its hegemonic position, the United States has created artificial confrontation and disrupted the normal operation of the global economy.

  Zhang Yuncheng said that the logic of world economic development has undergone major changes. The logic of politics and security is rapidly surpassing the logic of economy and market. The phenomenon of politicization, instrumentalization and weaponization of economic factors has intensified. The supply chain of industrial chain has been partially dismantled and reconstructed, and the global economic governance system has shown signs of fragmentation.

  The trend of "dollarization" is more obvious.

  In the first half of the year, a number of American banks, such as Silicon Valley Bank, successively "thundered" and the US federal government debt ceiling crisis was staged again, which aroused global concern and aggravated the world’s concerns about US financial security and distrust of the US dollar.

  Sun Lipeng, an associate researcher at the American Institute of China Institute of Contemporary International Relations, and other interviewed experts believe that bank failures have further exposed systemic risks such as poor supervision of the US financial system and balance sheet mismatch under the background of the Fed’s interest rate hike, and also reflected the anti-mite effect of dollar hegemony on the US economy. In addition, the drama of the US government debt ceiling crisis keeps repeating itself, which continuously consumes the value of US dollar assets such as US government credit and US debt, further exacerbating the world’s distrust of the US dollar.

  Analysts pointed out that the global "dollarization" process "has inevitably begun". During the first half of the year, Chinese and French oil giants completed the first cross-border RMB settlement transaction of natural gas, Brazil announced that it would settle its trade with China in local currency, India and Malaysia agreed to settle its trade in Indian Rupee, ASEAN member countries agreed to strengthen the use of local currency, and many countries signed various types of local currency swap agreements … …

  A series of facts show that many countries are seeking to reduce their dependence on the US dollar and establish a financial settlement system with high efficiency, low risk and no influence from the US dollar. The diversification of the international monetary system continues to evolve on a global scale, and currencies other than the US dollar are increasingly used in international trade and investment.

  Extreme weather warning is urgent to deal with climate change.

  Affected by global climate change and other factors, extreme high temperature weather and severe floods frequently occur in North America, South Asia, Europe and other regions. Some international scientific research institutions predict that the possibility of record-breaking heat waves in Spain, Portugal and other countries this year will "increase by at least 100 times".

  In recent years, the signs of global warming have become more and more obvious. Glacier melting is accelerating, frozen soil range is decreasing, sea level is rising, and extreme weather events in many countries and places appear frequent and strong trend … … Climate change has an increasingly significant impact on the earth’s ecosystem, bringing new risks to human health, production and life.

  United Nations Secretary-General Guterres has warned that the earth is rapidly approaching the critical point of climate change, and it is urgent for the international community to jointly address climate change. On Earth Day on April 22 this year, Guterres once again called on the international community to speed up climate action.

  Developed countries have a historical responsibility for global climate change, so they should take the lead in drastically reducing emissions and fill the promised funding gap of $100 billion annually in climate financing as soon as possible. A study published in the British journal Nature and Sustainable Development in June this year shows that about 90% of the world’s excess carbon emissions come from developed countries such as the United States, and these developed countries should pay compensation to low-carbon emitting countries, so as to ensure that the relevant goals of tackling climate change can be achieved.

  Congo (Brazzaville) President Sassou recently pointed out that the commitment of developed countries to provide 100 billion US dollars a year to help developing countries cope with climate change has never been fulfilled since it was established in 2009.

  Many countries set off a new round of artificial intelligence competition.

  At the beginning of this year, the "super power" performance of generative artificial intelligence in content creation and human-computer interaction made people really feel that "the future has come".

  Artificial intelligence technology, represented by generative artificial intelligence, large model and embodied intelligence, will revolutionize the face of media, film and television, intelligent manufacturing, e-commerce and e-sports, biopharmaceuticals and other industries. The report of McKinsey, a multinational consulting company, predicts that the extensive application of generative artificial intelligence technology will bring at least 2.6 trillion to 4.4 trillion US dollars of growth to the global economy every year, and the annual contribution to the economy is "equivalent to a UK".

  Multinational technology giants are competing to increase investment in artificial intelligence research and development and accelerate the integration of their products and artificial intelligence applications. Google released a new generation of dialogue AI system, Microsoft released a search engine and browser integrated with ChatGPT, and NVIDIA, the leader of artificial intelligence chips, announced the launch of a series of new products and services related to artificial intelligence, covering robot design, game functions, advertising services and other fields.

  A report released by China Institute of Science and Technology Information recently shows that at present, the artificial intelligence model in China is developing vigorously. According to incomplete statistics, by the end of May this year, about 80 large-scale models with parameters above 1 billion have been released nationwide. In terms of the distribution of the released large models in the world, China and the United States are far ahead, accounting for more than 80% of the global total.

  With the development of artificial intelligence in full swing, the impact of this technology on human society in employment and privacy protection has caused more concern, and the call for setting up a "guardrail" for the development of artificial intelligence has become increasingly widespread.

  Developing countries are surging with the trend of unity and self-improvement.

  In the Middle East, Saudi Arabia and Iran resumed diplomatic relations under the mediation of China, the relations between the United Arab Emirates, Bahrain and Qatar were normalized, and Syria returned to the League of Arab States … … This region, which has been in turmoil for a long time because of external hegemonic interference, has set off a "wave of reconciliation", and seeking peace, development and anti-interference has become the aspiration and general trend of regional countries.

  In South America, Brazilian President Lula shouted: "We have no time to waste, and South America should once again embark on the road of unity." The leaders of South American countries recently gathered in Brasilia, the capital of Brazil, to achieve a long-lost "happy reunion". The participating parties issued a consensus document on strengthening regional cooperation and accelerating South American integration.

  In the Asia-Pacific region, the Regional Comprehensive Economic Partnership Agreement has come into full force for 10 ASEAN countries and 15 signatory countries including Australia, China, Japan, South Korea and New Zealand, which has injected new impetus into regional economic integration and will comprehensively enhance the level of regional trade and investment liberalization and facilitation.

  In Africa, the negotiation of the continental free trade area agreement is progressing steadily, which is expected to accelerate the industrialization of Africa. The latest report shows that China-Africa trade has recovered strongly, and more and more products with African characteristics, such as Kenyan wild anchovy, Madagascar essential oil, Zambian precious stones and Zimbabwean woodcarving, have entered the China market.

  The BRICS cooperation mechanism has been widely recognized and supported by the international community, and many countries such as Bangladesh, Egypt and Nigeria have applied for membership. Cuban president Dí az-Canel said that the BRICS countries’ defense of multipolarization and multilateralism "is providing the possibility for establishing a more just and global international economic order". The Shanghai Cooperation Organization officially accepted Iran as a member of the SCO and approved the signing of a memorandum on Belarus’ obligation to join the SCO. The development of the SCO has injected more certainty and positive energy into the turbulent world.

  Contribute China’s strength to building a better world

  In the face of a turbulent and changing world, China has always advocated win-win cooperation and coexistence, persisted in coping with risks and challenges through development, and practiced being a responsible big country. The global security initiative, global development initiative and global civilization initiative put forward by China point out the direction, build consensus and gather strength to solve the common problems faced by mankind.

  China points out a new path for maintaining global security. Since the beginning of this year, from the official release of the Concept Paper of the Global Security Initiative to the successful resumption of diplomatic relations between Shay and China, and then to the mediation and promotion of talks on the Ukrainian crisis, has provided ideological enlightenment for solving the global "security deficit" and brought positive energy of "promoting peace" to the world through solid actions. Weng Shijie, chairman of the Asia-Pacific "Belt and Road Initiative", said that the global security initiative proposed by China fills the gap in the global security architecture and represents the power of justice in contemporary global security governance. Falgiani, an Egyptian sinologist, said that China’s initiative and plan pointed out the path for building a more just and reasonable world.

  China injects positive energy into promoting world development. "Half of the 32 practical measures have been implemented or achieved early results" and "nearly 40 developing countries are benefiting from them" … … The Progress Report on the Implementation of Global Development Initiatives released in Beijing a few days ago shows that China’s series of pragmatic measures to promote global development initiatives have brought tangible benefits to all countries, especially developing countries. Kang Bosi, representative of the United Nations Industrial Development Organization in China, said that China’s global development initiative has brought hope for solving global challenges and the development needs of developing countries.

  With the global economic outlook depressed, China’s economy has rebounded to a good trend this year. The high-quality development of China’s economy has provided the world with more advanced technologies and broad markets, and also injected more confidence into the world to get out of the low tide of economic growth as soon as possible. Schwab, chairman of the World Economic Forum, said: "The whole world has benefited from the development of China."

  China offers a new plan to promote the progress of human civilization. In March this year, China first proposed the Global Civilization Initiative and played a new movement of dialogue among human civilizations. This important initiative advocates transcending the barriers between civilizations, learning from each other, and transcending the superiority of civilizations, which further enriches and expands the practical path of building a community of human destiny. This year, China invited Central Asian countries to participate in the "Cultural Silk Road" plan and accelerate the establishment of cultural centers; Officially launched the Arabic international version of the "Monkey King Series" series, and the Arabic version of the hit drama Minning Town about counterpart poverty alleviation work has been broadcast in Arab countries such as Sudan and Egypt; After the establishment of diplomatic relations between China and Honduras, Sino-Honduran archaeological cooperation ushered in a new chapter … … Many people believe that China’s initiative on global civilization will strongly promote the exchange and mutual learning of global civilizations and help build a community of human destiny. (Reporter Han Bing, Liu Chen, Liu Haiyan, Li Jie, Zhang Ying)

There are a million possibilities in an instant, and these earthquake witnesses have made their own choices.

  Cctv news(Reporter: Li Shanshan, Liu Wei, Zhang Ke, Meng Lizhen, Yu Xiaodan): "Inform the medical staff to get ready!"

  At 6: 33 pm on June 18th, a professional medical helicopter landed on the tarmac near Sichuan Provincial People’s Hospital. The 56-year-old Liu was lying on a stretcher and escorted off the plane by medical staff.

  Because of his serious injury, he was transferred from Changning County Hospital of Traditional Chinese Medicine for further treatment. This is the most critical injured person admitted to Changning County Hospital of Traditional Chinese Medicine within 20 hours after the earthquake.

  At 22: 55 on June 17th, an earthquake of magnitude 6.0 occurred in Changning County, Yibin City, Sichuan Province. As of press time, the earthquake has caused 13 deaths and 211 injuries. 

  How many people, a sleepless night!

  CCTV reporters contacted several witnesses of the earthquake — — They are the children’s mothers, grandmothers’ grandsons, teachers of students, and rescuers who braved the aftershocks to rush to the disaster area at the first time … … The early warning sounded, and the sky shook. At that moment, some of them rushed out with their infant children, while others overcame their fears and chose to stay.

one

  "Grandma is lying in bed, always telling me to run by myself, and I am crying!"

  Xiaoning, 25, was in Zhenxingyuan Community, Cuiping District, Yibin when the earthquake occurred.

  Two days ago, I went home to visit my grandmother because she was not feeling well, but I didn’t expect to catch up with the earthquake. At that time, I was watching TV at home. At about 22:55, I suddenly felt a violent shake and the chandelier in the living room fell.

  My heart thumped a panic, the earthquake!

  At that time, my parents went to my grandmother’s house, and only my grandmother and I were at home. I quickly ran to the bedroom, planning to take grandma with me to escape.

  Grandma is paralyzed in bed and weighs more than 130 Jin, while I only weigh 100 Jin. I tried to carry my grandmother twice, but it didn’t work. At that time, my legs were weak and my brain was almost blank. I was really desperate and afraid of dying like this.

  I was still studying in Shenzhen when the 5.12 earthquake struck, which was the first time I experienced such a strong earthquake. Because of fear, I once had a selfish thought in my heart. I want to run by myself, but I can see my grandmother. I really can’t leave her alone. I have too much reluctance and unbearable feelings.

  I was brought up by my grandmother, who loved me very much since I was a child. My position in my heart is higher than anyone else’s, even my parents are not as good as my grandmother’s position in my heart. Grandma’s life is my life!

  I can’t bear to run by myself, so I simply won’t run. Grandma cried when she saw that I didn’t want to run! Yelling at me all the time: "Run".

  In order to distract my grandmother, I thought of a way to sit on the bed and set up a dragon gate (chat) with my grandmother.

one

  Xiao Ning and Grandma take a group photo (photo courtesy of me)

  I told her that I made a girlfriend in Shenzhen and I will bring it back for the Spring Festival this year. Grandma almost forgot that there was an earthquake at that time when she heard the news. She asked me if it was true and why I hadn’t heard of it before, and said that she would bring it back to her for the Mid-Autumn Festival.

  From the age of 21, every time I go home, my grandmother will ask me if I have a girlfriend. This matter has become a top priority in my grandmother’s heart, because she is afraid that she will not see me get married!

  God bless, grandma and I are all right in the end. After the main earthquake, my neighbors came up to help and took my grandmother and me to the outdoor. Perhaps it is because of the 5.12 earthquake. Everyone didn’t panic too much.

  My parents knew that there was an earthquake and came back from other places overnight, knowing that I didn’t run out the first time, and I was a little scared: "It’s one to run!"

  I also know that the situation is critical, but if I really run away alone, how helpless my grandmother will be. I am even more afraid that my grandmother will leave like this. If I can’t say goodbye to my grandmother because of my cowardice, I think I will look down on myself in my life, let alone forgive myself. 

  "Children, go to sleep, I will watch over you."

  Zhang Lingling, a math teacher in Grade Three, has been teaching for 5 years.

  When the earthquake happened, I was at home, living on the 20 th floor, and the house shook violently. My husband grabbed me and ran to the toilet, and I was very scared.

  After the house stopped shaking, I turned on my mobile phone and saw the notice from the school. I rushed to the school immediately. It’s a 10-minute walk, and there are many people standing outside along the way.

  At school, more than 1000 children have been transferred from the dormitory to the playground. They are a little scared, because the oldest child was only two or three years old in the 2008 earthquake.

one

  Not long after, it rained, and we retreated to the classroom. The teachers didn’t dare to sleep a wink all night.

  Originally, the children were supposed to go back to the dormitory to rest in the morning, but around seven o’clock in the morning, the aftershocks were very strong. According to the emergency measures, the school arranged for all teachers and students to continue to rest in the classroom. The headmaster and all the male teachers, as well as the head teacher, are responsible for the inspection.

  "I was in high school in the Wenchuan earthquake in 2008. As a student, I was not afraid at that time. In the 2019 earthquake, I have been teaching for almost five years. As a teacher, I am really scared. Children, go to sleep, I will guard you, and everything will be fine! "

  This is an Weibo I posted at school around 3 am, an unintentional record. I didn’t expect to get so many praises, but I am just an ordinary teacher!

  I was in high school during the Wenchuan earthquake in 2008, maybe I was young, and there were teachers, so I didn’t know I was afraid at that time. The teachers and students of the whole school slept in the playground together, which was still very fresh. Because of the earthquake, we also had a holiday.

  This time, as a teacher, I suddenly felt particularly afraid of accidents, and the whole person was particularly nervous. I don’t know why, maybe this is the teacher.

  Fortunately, at present, all the teachers and students in the school are well, and there are no casualties.

  Maybe this Weibo will save my daughter’s life.

  Jingjing, a nursing mother, was in Ruijingwan Community, Changning County, Yibin City during the earthquake.

  My home is in Ruijingwan Community, Changning County, Yibin City, Sichuan Province, about 30 kilometers away from the epicenter.

  At ten o’clock in the evening, I breast-fed my child as usual and prepared to rest, but the clock on the wall suddenly fell and the glass began to shake. After the main earthquake, my mother-in-law said to go out quickly. I held my daughter and my mother-in-law ran out with her sister’s three-year-old son on her back.

  When I went downstairs, I saw other residents in the community going out one after another, and people who were busy getting dressed were scolded for "coming out quickly".

  After hiding outside for a while, I was hesitating whether to go home or not when the aftershock came.

  Some people say that there will be more aftershocks after 3 o’clock. Although it was later proved to be a rumor, who can be rational as a mother at this time?

  We decided to continue to take refuge outside. At that time, I was scared, but I couldn’t cry. I was nursing my daughter and comforting my sister’s children.

  Mother-in-law went back to get some children’s clothes, diapers and umbrellas. Less than 1 o’clock, it began to rain lightly. We walked outside the community, and it was very difficult, carrying clothes and holding children. The umbrella could only be covered by children.

  I looked around and wanted to find a safe and sheltered place for my children. Next door to the exit of the community is the procuratorate. There is an open space in front, and the buildings next to it are not high and relatively safe. The guard uncle watched us holding the child, asked a young man inside to give me his seat, and temporarily set up a stool for her mother-in-law with a box.

  At the entrance guard of five or six square meters, there were more than a dozen people sitting, which was crowded and sultry.

  I made the worst plan and took out my mobile phone to edit Weibo. In case we are really buried, maybe this Weibo will save my daughter’s life.

one

  Jingjing Weibo screenshot

  From the time I ran out to Weibo, I didn’t cry, but after a while, I opened the message of Weibo, a netizen. Many strangers sincerely hoped that we would be safe, and tears welled up.

  When we got home at 2: 30, we moved the marble dining table to the front of the sofa and hid under it in case of another aftershock.

  I slept until 5 o’clock in a daze, and there was another aftershock. I quickly squatted on my daughter.

  What the earthquake gave me was not the aftershock, but the fear that I could not protect my daughter. I am glad that my husband is on a business trip in other places to avoid disaster. In case something bad happens to me, the child and the father.

  "The situation is so critical that he may die at any time."

  Chen Kang,Captain of National Emergency Medical Rescue (Sichuan) Team 

  At 6: 33 pm on June 18th, 56-year-old Liu was transferred to Sichuan Provincial People’s Hospital.

  The patient was hit by a wall and was seriously injured in many parts of his body. After being sent to the hospital, he developed symptoms such as organ failure, internal bleeding, fracture and coma. The situation is so critical that he may die at any time.

  The existing medical facilities and conditions of Changning County Hospital of Traditional Chinese Medicine have been difficult to provide follow-up treatment services. After the evaluation of Changning County 6.17 earthquake medical and health rescue headquarters, it was finally decided to transfer to another hospital for treatment.

  The hospital convened a team of experts from emergency trauma medicine, intensive care medicine, radiation intervention, orthopedics, thoracic surgery, nephrology and other related majors for consultation, and immediately performed interventional surgery and tried their best to rescue them. The operation started at 7: 50 pm on June 18th and lasted for 90 minutes. The patient’s vital signs were stable and he was transferred to ICU for observation and treatment.

  Saving lives is the most important thing. Previously, I participated in many large-scale medical rescue operations including Jiuzhaigou earthquake. The most profound feeling this time is that the professional ability of medical rescue is getting stronger and stronger, and the emergency response time and rescue speed have been greatly improved.

one

  For example, after the earthquake, west china hospital Telemedicine Center started the remote emergency plan as soon as possible, and adopted "dual track system" (dedicated line in the disaster area during the day and emergency consultation channel at night) and "two channels" (remote consultation platform and regional collaborative cloud conference system) to provide 24-hour free dedicated line remote consultation service for the earthquake-stricken areas, striving for the best emergency time for the wounded. 

  From 3: 00 a.m. to 4: 00 p.m. on June 18, more than 80 people were injured by my hand, the youngest being a three-month-old baby and the oldest being over 90 years old. Thanks to more and more professional medical rescue, these injured people turned to safety.

one

  Volunteers from Yibin City played games with their children in the earthquake zone to provide psychological comfort.

  Although they are worried, they are glad that they are safe.

  As of press time, the Sichuan Provincial Fire and Rescue Corps dispatched 10 detachments of earthquake rescue forces, totaling 116 fire engines, 526 commanders and 4 search and rescue dogs, to the scene to rescue 20 trapped people;

  The National Health and Wellness Committee immediately coordinated and guided the Sichuan Provincial Health and Wellness Committee to organize emergency medical rescue work, and sent responsible comrades of the Health Emergency Office to lead a total of 9 people from the National Medical and Health Emergency Expert Group to the disaster area on the early 18th.

  … …

  Rescue continues after the earthquake.

  At 0: 47 on the 18th, CCTV reporters saw the first video picture sent back from the rescue site in the "Yibin Earthquake Rescue" media WeChat group built by the Fire and Rescue Bureau of the Emergency Management Department, with a duration of 1 minute and 30 seconds.

  The video shows that a young girl wearing a white shirt and denim shorts and barefoot was successfully rescued. Dozens of rescuers gathered around, flashlights, and warned to be careful. Among them, there are fire officers and soldiers and local people.

  According to CCTV reporter’s verification, the girl’s name is Li Yuqin. She is 15 years old and has multiple soft tissue injuries all over her body.

  Lying in the hospital bed, Yu Qin choked with gratitude: "Without them, I might really not be able to persist … … It is because of such a group of people in the motherland that we have a better future! "

  The "group of people" she thanked are still struggling in the front line of earthquake relief.