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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

　　CPC Central Commission for Discipline Inspection recently reported five cases that middle-ranking cadres violated the eight central regulations, and five corrupt senior officials generally had access to private clubs. Four clubs and hotels, including Beijing Huishang Hometown Hotel, were named, which was rare in previous reports.

　　According to the circular, from 2013 to the beginning of 2016, Wang Yang, a member of the former party group and deputy director of the Standing Committee of Liaoning Provincial People’s Congress, was invited by a private business owner three times to accept banquets at the hometown hotel of Huishang in Beijing and the residence of the business owner.

　　The reporter of Beiqing Daily found that the hometown of Huizhou merchants has five stores in Beijing. Are the dishes in this restaurant luxurious? Why are the problem officials noticed and named by the discipline inspection department after spending here? The reporter’s investigation found that the appearance of these hotels is very low-key, but the interior is mainly private rooms, and the space is private. The dishes range from ordinary home cooking to a table of 10,000 yuan.

　　visit

　　exterior

　　There is little difference between low-key hotels and mid-range hotels.

　　The hometown of Huizhou merchants is an enterprise established by Anhui Huangshan Tourism Development Co., Ltd. in Beijing, and has opened five branches in Beijing. The reporters of Beiqing Daily visited five stores respectively and found that the general appearance of these stores was relatively low-key and there was no gorgeous decoration. Houhai Store, the hometown of Huizhou merchants, is located in gulou west Street on the north side of Houhai. On the north side of a narrow road, the hotel is a four-story building with a small area. The dense leaves in front of the door almost block the hotel. Low-key is also the "advantage" that staff talk about. The staff said that there are such shops next to Houhai, with small storefronts, neither a five-star hotel nor a club that looks very high-end.

　　The Chaonei branch, located at No.2, Nanxiaojie Street, Chaoyangmen, is the flagship store of Huizhou merchants’ hometown in Beijing. Outside the main entrance of the restaurant is an archway made of bricks, wood and stone carvings, which is a typical Huizhou architectural style. The interior decoration of the restaurant is also very rich in Anhui characteristics. The storefront of Sanlihe Road Store, the hometown of Huizhou merchants, is also unobtrusive, and the design of the store is mainly based on the unique gray and white color of Huizhou architecture. The decoration style of Yuanda Road Store, the hometown of Huizhou merchants, is different from other branches. The store is located on the first floor of Qingqing Commercial Building on Yuanda Road, which is inconspicuous.

　　The antique private rooms are mainly private and sound-proof

　　The reporter of Beiqing Daily found that most of the private rooms are the main features of this restaurant. These private rooms generally have televisions, and some large private rooms also have antique desks and other furnishings. Sanlihe Store has many private rooms, the lobby is only 40 square meters, but there are 26 private rooms. The same is true of Houhai Store. In addition to the public dining space on the first floor, there are private rooms on the second, third and fourth floors, and there is a private room on the terrace on the fourth floor. You can see the hutong outside through the large glass window, which is quite comfortable and is also a popular private room. A six-room private room in Guang ‘anmen Store is uniformly paved with wooden floors, equipped with solid wood chairs, and a wooden screen is used to create a Huizhou-style architectural style. All the boxes are equipped with separate bathrooms, and this six-person private room is also equipped with a special tea room area.

　　Yuanda Road Store has a large private room named "Luzhou", which covers an area of about 30 square meters. There is a solid wood dining table made of Chinese rosewood in the middle of the room, and there are 16 chairs on the side. On the other side is a set of Chinese wooden sofa made of the same material. There is also a wooden antique shelf on the wall at the back of the sofa, on which several ceramic antiques are placed, and a small hollow wooden screen is separated between the dining area and the rest area.

　　The waiter of a branch told the reporter of Beiqing Daily that the box was the first choice for customers to book because of its privacy and good sound insulation.

　　Small tomatoes in 58 yuan are selling puffer fish and swordfish.

　　What’s the price of the food in this restaurant? The menu of Houhai Store shows that there are high, medium and low-priced dishes, ranging from home-cooked dishes with a price of 40 yuan to 50 yuan, as well as dishes with a price of several hundred yuan, such as Huangshan Shaoshuangshi with a price of 468 yuan, Liaoshen with a price of more than 100 yuan, and Yangtze saury with a price of 198 yuan. This kind of fish is often fried to a higher price in some places. In Chaonei store, the prices of several famous Anhui dishes are mostly above 100 yuan, such as Huizhou Stinkfish 268/ case and Hu Shi Yipin Pot 168/ case. In addition, there are also sea cucumber dishes that charge by the place, and the price ranges from several hundred yuan.

　　The specialty dishes of Sanlihe Store are mainly from 200 yuan to 400 yuan, and there are also relatively expensive dishes, such as "Li Hongzhang Health Club", which is priced at 298 yuan/person, and guests need 888 yuan if they order a whole meal. In the menu of Guang ‘anmen Store, the most expensive dish is a dish named "Yangtze shad", which is about one catty in size and priced at 498 yuan/case. Except for puffer fish, rare fish and other typical dishes with high price per head, the price of Anhui specialty dishes in this hotel is not high, generally not exceeding that of 100 yuan. However, the cold dishes in this restaurant are generally priced on the high side. A small persimmon is priced at 58 yuan/serving and a pig’s head is priced at 88 yuan/serving. Mr. Chen, the business manager of Guang ‘anmen Store, said that the average per capita consumption of this hotel is around 200 yuan, which is already a relatively high-end Chinese food price. If there are special needs, the hotel can provide catering and ordering services. He told the reporter of Beiqing Daily: "We can get 10,000 yuan for a table for ten people, excluding drinks, and more dishes."

　　The drinks provided by many stores include high-end brands, such as Feitian Maotai, which costs more than 2,000 yuan a bottle. Waiters in many stores said that there was a 15% service charge for all private rooms, but the dishes were no different from those in the lobby.

　　The operation has not been significantly affected by the notification.

　　After Wan Qingliang, former member of the Standing Committee of Guangdong Provincial Party Committee and former secretary of Guangzhou Municipal Committee, was investigated by CPC Central Commission for Discipline Inspection on suspicion of serious violation of discipline and law, the Municipal Commission for Discipline Inspection immediately raided the private clubs he set foot in and shut down many clubs. Beijing has also launched a special campaign to rectify the unhealthy trend of clubs, and some high-end clubs have been transformed into cheap hotels for civilians.

　　The staff of a store in the hometown of Huizhou merchants said that in their view, their store is relatively civilian and open to the public. It does not belong to the nature of high-end private clubs that are only open to a few people, so it does not belong to the category of rectification. There has been no special movement in recent years.

　　The staff of Houhaidian said that they had never heard that their restaurant appeared in the notification of the officials who had fallen off the horse, nor did they know when the leading cadre had eaten in the store, nor did they feel any obvious changes in the past few days.

　　The staff of Guang ‘anmen Store said that the store had just opened for one year, and the eight central regulations had been promulgated at that time. Usually, people who looked like officials came to eat. The person also claimed to have seen officials from a certain Beijing office come to dinner, but there was not much extravagance and waste. Regarding the impact of the eight regulations issued by the central government on the business, the staff of Yuanda Road Store said that these will definitely have a more or less impact on the hotel. Many people will not come, and now they can’t eat and drink with public funds as before, but he thinks that the store is an ordinary middle-and high-end hotel chain, not a private club, and the business is still normal at present.

　　Can provide small invoices without serial numbers.

　　A staff member of Houhaidian said that it is not clear how many customers are leading cadres and have not been inspected by discipline inspection. The staff member said that if the inspectors came for an unannounced visit, they might not know it, but they had never encountered such insightful work as checking invoices. Some staff members said that they had not heard of the news that the hotel appeared in the CPC Central Commission for Discipline Inspection bulletin. It was the first time that they heard about it, because it had never been inspected, so there was no need to tamper with it.

　　Regarding the recent criticism from CPC Central Commission for Discipline Inspection, the reporter of Beiqing Daily asked if he would pay attention to it. The staff of Guang ‘anmen Store said that some people would ask them to issue small invoices when they finished spending. He said that the method of multiple sheets in small amounts is safer, and hotels can cooperate with the opening of small invoices. When the reporter of Beiqing Daily said that the invoice denomination was too large to be handled well, the sales staff of Chaonei Store revealed that although the invoice content can only be used for meals, it can be divided into several parts, and it can be disconnected. "Don’t worry, we are all cheap restaurants here and have never been checked."

　　Text/reporter Zhao Tingting Li Zewei Trainee reporter Jiang Ruojing Lei Ruojun

　　Li Hongyan, Secretary of the Party Working Committee of Tiebei Sub-district Office, Aimin District, Mudanjiang City, Heilongjiang Province:

　　Implement democracy and win the hearts and minds of the people.

　　I am 48 years old. I have served as the first secretary in the village and the deputy secretary of the Party Working Committee of the sub-district office. Now I am the secretary of the Party Working Committee of the sub-district office. The days of working at the grassroots level are not short, and I have deep feelings with the people.

　　"Developing people’s democracy in the whole process" was written into "the Central Committee of the Communist Party of China’s Resolution on the Great Achievements and Historical Experience of the Party’s Centennial Struggle" adopted by the Sixth Plenary Session of the 19th CPC Central Committee, which was inspiring. As far as my grassroots work experience is concerned, the whole process of people’s democracy in China is the most extensive, authentic and effective socialist democracy.

　　In Tiebei Street, we put the concept of "whole-process people’s democracy" through the whole process of urban development and comprehensive community management, starting from the small things in people’s daily life and promoting fine governance at the grassroots level.

　　The governance of Nanxiao Xiangyang Street is the best example. It is a back alley that is more than 400 meters long, disrepair and potholes. It has not been repaired because it has not been included in the municipal management, and residents have difficulty in traveling and have a strong reaction.

　　We chat with merchants and residents along the street, listen to the demands of the masses, record and sort them out one by one, form a work report and report it to the district. Subsequently, a joint working meeting was held with the municipal and district departments to discuss the feasibility of repairing roads repeatedly. On the basis of democratic consultation, we rebuilt the road through bidding and solved the problem of residents’ travel.

　　"Living in a safe place" is a major event related to people’s livelihood and well-being. Due to poor management of some residential areas left over from history, there are frequent contradictions between property and residents. We have created a democratic consultation platform called "the House of Representatives for Property", and held a joint meeting attended by the owners’ committee, communities, streets and relevant functional departments to fully listen to the opinions of all parties. With the communication platform, the knot in everyone’s heart was slowly solved and an agreement was finally reached. The "consultation" of property disputes has stimulated the vitality of grassroots governance, and the "property discussion" is a vivid practice of people’s democracy at the grassroots level in the whole process.

　　I deeply feel that the whole process of people’s democracy in China not only has a complete system and procedure, but also has a complete participation in practice. The Sixth Plenary Session of the 19th CPC Central Committee has pointed out the direction for us. We will continue to create a mechanism platform in the spirit of pioneering and innovation, implement the spirit of the Plenary Session in grassroots social governance, practice the whole process of democracy, realize civil discussion, civil administration and civil administration, and let democracy be implemented to win the hearts and minds of the people.

　　(Interview by our reporter Fiona Fang)

　　Shan Zipeng, Party Secretary of Yanuan Town, Linze County, Zhangye City, Gansu Province:

　　Everything is for the masses and everything depends on the masses.

　　The Sixth Plenary Session of the 19th CPC Central Committee pointed out that "we must adhere to the people-centered development thought and develop people’s democracy in the whole process", which provided direction guidance and value orientation for upholding and developing socialist democratic politics in the new journey.

　　The development of the east and west of Duck Warm Town is somewhat unbalanced: the eastern part has obvious advantages in characteristic industries, while the western part has serious salinization of soil due to low terrain, poor drainage. Changing the backward appearance of "saline-alkali land and black ditch" has become the greatest wish of the surrounding people.

　　Through extensive interviews with voters and listening to the opinions of the masses, county and town people’s congress deputies put forward suggestions on water system improvement and saline-alkali treatment in the western region, which were quickly positively responded by the county party Committee and county government.

　　The county set up a special work class, invited deputies to the National People’s Congress, township cadres and party member people to discuss good strategies, and made overall plans to integrate water system management, village roads, high-standard farmland construction and other projects, so as to fundamentally solve the bottleneck problem of uneven development in the east and west areas of Yanuan Town.

　　County and town leaders actively apply for funds and strive for pilot projects; Town and village cadres give full play to their organizational advantages, hold "yard meetings" and "yard talks", go door-to-door to talk about benefits and development, and the cadres and the masses are twisted into a rope. Soon, projects such as water system connection and comprehensive improvement, highway reconstruction and upgrading, and high-standard farmland construction started one after another, and everyone was in full swing.

　　Nowadays, in the western area of Yanuan Town, a piece of saline-alkali land has turned into a fertile field of water and fertilizer integration, and the beautiful picture of "clear water, green shore, beautiful scenery and prosperous industry" has slowly spread out. In recent years, the pockets of local people have gradually swelled.

　　Follow the will of the people and act according to the will of the people. In the past four years, the town has done more than 120 practical things for the masses through the suggestions of deputies to the National People’s Congress, soliciting opinions from the masses, and accepting the hotline of people’s feelings, which has been well received by all parties.

　　New starting point, then start. Standing on the new journey, we will continue to practice the people-centered development thought, do everything for the masses, rely on the masses, implement people’s democracy in the whole development process concretely and accurately, and continuously enhance the sense of gain, happiness and security of the grassroots.

　　(Interview by reporter Zhao Shuaijie)

　　Sheng Hong, Party Secretary of Ronghua Residential Area, Hongqiao Street, Changning District, Shanghai:

　　Gather the wisdom of the masses and improve the efficiency of governance

　　The Central Committee of the Communist Party of China’s Resolution on the Great Achievements and Historical Experience of the Party’s Hundred Years’ Struggle mentions "people’s democracy in the whole process" three times. Abundant practice at the grass-roots level has proved that the whole process of people’s democracy is a full-chain, all-round and full-coverage democracy, which effectively guarantees the people’s democratic rights in national and social life.

　　In practical work, we have transformed the institutional advantages of people’s democracy into the effectiveness of grass-roots governance. It is an important way for my community to practice people’s democracy in the whole process.

　　"Huang Jincheng Road" is a characteristic pedestrian street in the community, with a total length of 670 meters, 6 residential quarters and more than 200 shops along the street. However, since the opening up in 2009, the pedestrian street has constantly encountered difficulties and challenges in management and governance.

　　In 2020, under the leadership of Hongqiao Street, we set up the Huang Jincheng Road Co-governance Committee, whose members include not only property, industry committees and neighborhood committees, but also representatives of shops and units. In April 2021, we launched the "Action Plan for Block Proposal", hoping that residents would come out of their homes and get together to offer suggestions and suggestions around "block renewal, digital transformation, green ecology and cultural and creative arts".

　　In June 2021, less than two months after the project started, the street received 22 mature proposals. After a month and a half of exhibition, voting and evaluation, 16 block micro-renewal projects have received financial support and landed one after another.

　　We have received a proposal from a college teacher and resident: it is suggested to build a harbor-style parking lot at the main entrance of Huang Jincheng Road Pedestrian Street, so as to solve the traffic hidden dangers such as the unclear diversion of people and vehicles and the unsmooth lane movement in the block. He gave full play to his professional advantages, divided the intersection into several areas such as temporary parking areas, and added mini gardens and pet garbage drop points. These humanized traffic slow-moving facilities made this area look brand-new.

　　In fact, residents have a strong sense of participating in community governance, and many suggestions are feasible, which make up for the blind spots in our work. In the process of project landing and implementation, we mobilize the masses to participate in block governance to the maximum extent. It is in the process of proposal, discussion, implementation and acceptance that the project has achieved very good results by adhering to the people’s democracy in the whole process and gathering the wisdom of all people.

　　Next, we will continue to "ask for the needs of the people, ask for the consideration of the people", reduce the cost of residents’ participation, and cooperate with social organizations to make the community warmer and the neighborhood brighter.

　　(Reporter Ji Juesu interviewed)

CCTV News:As an important part of the service industry, catering has resumed its development since this year. As an upgrade of catering consumption, the market scale of China’s prefabricated vegetable industry is growing, reaching 419.6 billion yuan in 2022. A plate of prefabricated dishes not only changed the dining habits of many people on the consumption side, but also promoted the upgrading of the industrial chain on the raw material side.

In Zhaoqing, Guangdong Province, the new container fish culture adopted by Tan Xingkui, a 50-year-old snakehead farmer, is a link in the prefabricated vegetable industry chain.

In this container fish farming system, 30 mu of ecological fish ponds provide high-quality water, and the aquaculture water is treated by four-level fish ponds to achieve recycling and zero carbon emission. This way of fish farming is not only to increase farmers’ income, but also a subversive change to the traditional way of fish farming.

The snakehead fish comes to the processing plant from the fish pond of farmers, and it takes only 6 hours to enter the market after slicing, deboning, trimming corners, slicing by machine, sizing and rolling oil after cleaning, packaging and packaging. Fresh-keeping, not adding preservatives, but entering the freezer, using instant freezing technology to lock fresh for 30 minutes. The rapid development of prefabricated dishes and the pursuit of upgrading quality and taste are driving the green development of rural industries, promoting farmers’ income, and giving birth to more new businesses. Huang Wanyong, a cutterhead from Guangxi, is a new craftsman who grew up with the prefabricated vegetable industry.

Black fish filmmaker Huang Wanyong:I didn’t adapt to it at first. When I first started learning, my hands were numb, and I could kill twenty or thirty pounds of fish in an hour. Later, I got used to it. My highest record was killing 3000 Jin of fish a day. The factory here in Guangdong is bigger and the salary is higher. Only when you come here can you afford to buy a car.

In Guangdong, from fish ponds to dining tables, the prefabricated vegetable industry chain of pickled fish covers a complete supply chain network from fish seedling breeding, feed production, snakehead breeding and fillet processing. Last year, Guangdong Province issued "Ten Measures for Accelerating the High-quality Development of Guangdong Prefabricated Vegetable Industry", and accelerated the formulation of local standards for food safety of prefabricated vegetables, basic standards for classification of prefabricated vegetables, and quality evaluation and testing standards.

With the upgrading of technologies such as fresh-keeping cold chain, the ingredients that could not be made into prefabricated dishes have a new life. In the past, crayfish-related prefabricated dishes in the market were mainly frozen, and few factories made them cold and fresh. In Xuyi County, Huai ‘an, Jiangsu Province, the newly-built liquid nitrogen quick-freezing production line and other intelligent equipment have broken through the limitations of space and time, and the innovation of technology to keep fresh has made it a reality to eat crayfish cold.

1905 movie network news Directed by the famous cartoon director holger Tape, the film dubbed by emily watson, jason isaacs and others has recently been released in Chinese mainland. The film has embarked on a fantastic adventure journey around a family of four who are full of contradictions. After a series of incredible crazy adventures, this frustrated second-child family realized that the company of family members is the most precious happiness.

　

The conflict between the second-child family intensifies, and the surprise trip is hilarious.

　

The movie "Monsters: A Crazy Journey" tells the story that in a family with a second child who is full of contradictions, Emma, the mother, runs a problem bookstore that is deeply troubled by debts, and she has to fight with Faye, the eldest daughter who is rebellious in adolescence. Although Max, her son, is a bully in primary school, she has been bullied repeatedly at school. Frank, her husband, has endless classes, and she is in a hurry at work and life. Everyday drinking cold water and wrestling on the ground, Emma’s beauty when she was young was exhausted by her daily bad life, and life seemed to be trapped in the water all the time, which made her frustrated.

　

All this was changed on a Halloween night. Their family was unexpectedly cast a spell by a witch sent by Dracula, and became a monster. The younger brother of the coward became an evil werewolf, the sister of the anthomaniac became a thousand-year-old mummy who could control her mind, the housewife turned into a vampire with a hot body and a beautiful face, and the Buddhist father became a Frankenstein with infinite strength. So they staged a century chase with the witch to lift the curse. During the chase, Emma’s family experienced all kinds of obstacles, all kinds of excitement and antics turned the audience upside down, and staged the most sad and unique family trip in history for the audience.

　

The theme of family fun is honest, sincere and wonderful. Fantasy journey accompanies growth.

　

Through simple and interesting stories, the film tells the audience that as long as the family is together, they will have "super powers". Although living in new york, the family of four depicted in "Elves and Monsters: Crazy Journey" can resonate with millions of global audiences in Qian Qian, which is precisely because they are an ordinary family: hard-working parents, confused sisters in adolescence, and younger brothers who have their own troubles at an early age. It is suitable for audiences of all ages. After watching the movie, many families said that the family can communicate without generation gap and distance, which not only gains laughter, but also promotes parent-child relationship.

The film is entertaining, the children see the story, and the adults see the moral. Many Weibo V’s personally praised and supported it, saying that it was a wonderful film worth the ticket price. It is worth mentioning that during the movie, the audience all burst into laughter, and the end of the film was moved by the true feelings of Emma’s family of four. After the screening, many parents said that they must recommend such a good film to their friends, and even borrow friends’ children to brush it one by one. It also reflects the audience’s sincere recognition of the story.

　

The movie "Monsters: Crazy Journey" is being shown in the national cinema recently. The fantasy experience of a family of four exudes a rich family atmosphere in spring. I believe that the crazy journey full of laughter and tears will definitely bring different gains to the audience.

　　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)

Tsinghua campus Tunnel is the control project of Beijing-Zhangjia high-speed railway, which leaves Beijing North Station and enters tsinghua campus Tunnel. The total length of the tunnel is 6.02km, which goes under Xueyuan South Road, North Third Ring Road, Zhichun Road, North Fourth Ring Road, Chengfu Road, Shuangqing Road, etc. After coming out of the ground, the existing beijing-baotou railway is used to form a double-track subgrade, which can pass through the tunnel in 5 minutes after it is completed and opened to traffic.

"tsinghua campus Tunnel is the only tunnel in the whole line that is constructed by shield method." Zhao Bin, the shield manager of China Railway 14th Bureau, said that the geological conditions of tsinghua campus Tunnel are complicated, with 3 special risk sources and 80 first-class risk sources. At present, it is a high-speed rail single-hole double-track large-diameter high-risk shield tunnel with the most complicated stratum and many important buildings in the urban core area of China. "Specifically, the tsinghua campus Tunnel will cross seven major urban roads and 88 important municipal pipelines, including Xueyuan South Road, North Third Ring Road, North Fourth Ring Road, Zhichun Road, Chengfu Road and Shuangqing Road, and will cross or cross with Metro Lines 10, 12, 13 and 15 for a long distance." Zhao Bin told reporters that the minimum distance between the tunnel and Metro Line 13 is only 3.4 meters.

The reporter saw at the scene that the shield machine that broke ground in the morning was 12.64 meters in diameter and was the largest shield machine in the northern region. "The excavation section of the shield machine in the tsinghua campus tunnel is equivalent to four times that of a common subway tunnel and is higher than a four-story building." Zhao Bin said that in order to commemorate Zhan Tianyou, the designer of the old Beijing-Zhangjia high-speed railway, the project department specially named the shield machine "God Bless".

As the world’s first ballasted track high-speed railway with a design speed of 350 km/h, the Beijing-Zhangjiakou high-speed railway is about 174 km across, leading from Beijing North Station in Xizhimen and passing through Haidian District, Changping District, Yanqing District, Huailai County, Hebei Province and Xuanhua District to Zhangjiakou. There are 10 stations on the whole line, including Beijing North Station, Qinghe Station, Shahe Station, changping station Station and Badaling Great Wall Station in Beijing, and Donghuayuan North Station, Huailai Station, Xiahuayuan North Station, Xuanhua North Station and Zhangjiakou South Station in Zhangjiakou.

According to the Municipal Commission of Housing and Urban-Rural Development, up to now, the subgrade project of Beijing-Zhangjia high-speed railway has been completed 99%, the excavation of the main tunnel project has been completed 94%, and the prefabrication and erection of the bridge substructure and box girder have all been completed. Among them, the Badaling Great Wall Station, Qinghe Station, Kangzhuang Bridge, Nankou Bridge, Xierqi Bridge, Badaling Tunnel, Juyongguan Tunnel, Nankou Tunnel and tsinghua campus Tunnel in Beijing are progressing smoothly as a whole, and the civil construction of Juyongguan Tunnel, Nankou Tunnel and tsinghua campus Tunnel has been completed, and the station construction is being implemented as planned.

According to the plan, the Beijing-Zhangjia high-speed railway will be opened to traffic at the end of next year. In addition, there are two branch lines opened at the same time as the main line of Beijing-Zhangjia high-speed railway, one connecting 53 kilometers from Xiahuayuan North Station to Chongli Prince City Station and the other connecting 9 kilometers to Yanqing Station. In the 2022 Beijing Winter Olympics, these two feeder lines will also become commuter tools for visitors to travel between the two cities.

　

　

Source: Beijing Evening News reporter Zhao Yingying Cheng Gongshe

Editor: TF011

　　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.