作者： admin

　　The live broadcast platform and online celebrity anchor have been interdependent communities of interests since their appearance. With the increase of the number of live broadcast platforms and the escalation of competition, the conflict of interests between the two parties has intensified.

　　Online celebrity anchor is favored by live broadcast platforms because of its huge fan base and high-quality content, and it is also the main target of poaching between platforms. In recent years, some well-known anchors have jumped ship from time to time. In addition to fighting with their platforms, some anchors have even been brought to court.

　　Recently, a dispute caused by anchor job-hopping has aroused social concern.

　　Jia is the contracted anchor of a live broadcast platform. In April 2017, during the contract period with the original live broadcast platform, Jia went to another live broadcast platform for live broadcast activities. Therefore, the original live broadcast platform sued Jia to the court.

　　Recently, the Shanghai No.1 Intermediate People’s Court made a final judgment on this case, upheld the first-instance judgment of the Shanghai Pudong New Area People’s Court, and ordered Jia to stop violating the agreement with the original platform, continue to perform the obligation of inaction in the agreement with the original platform, and immediately stop providing live broadcast services or similar live broadcast activities for the new platform and any third party. Jia should compensate the original platform for liquidated damages within ten days from the date of the effective judgment.

　　In recent years, there have been many cases of similar lawsuits between anchors and platforms. The reporter combed similar cases and found that how to identify the relationship between the anchor and the platform, how to determine the amount of compensation, and how to find a balance between the anchor’s freedom of employment and the demands of the old club to continue to perform the contract have always been the focus of controversy.

　　How to identify the relationship between platform and anchor?

　　The reporter found out that the relationship between the anchor and the platform can be roughly divided into three types:

　　First, the anchor signed a sharing agreement with the live broadcast platform, that is, the anchor has the right to live broadcast, can perform live performances on the platform, and get certain gifts and rewards. At the same time, the anchor is not subject to the management constraints such as labor time and total labor stipulated by the live broadcast platform, nor does it engage in other labor tasks arranged by the live broadcast platform.

　　Second, the anchor becomes a contracted artist of the live broadcast platform, and is bound by a series of labor rules and regulations of the platform. While obtaining guaranteed economic income, it needs to undertake corresponding duties and tasks, including the assessment of multiple standards such as live broadcast duration, content quality, number of fans and live broadcast activity.

　　Third, the anchor signed a sharing cooperation agreement with the live broadcast brokerage company or guild, and the brokerage company or guild built the anchor in an all-round way. At the same time, the brokerage company cooperated with various live broadcast platforms to cultivate the incubating anchor.

　　Then, among these three relationships, which one constitutes a labor relationship?

　　In this regard, Zheng Ning, deputy director of the Department of Law, Department of Law, Communication University of China, analyzed that it is necessary to satisfy two conditions, namely, economic and personal dependence, to determine that the live broadcast platform and the anchor constitute a labor relationship. Economic relationship means that the anchor provides labor and the live broadcast platform gives remuneration; Personal attachment means that the anchor’s working time, content and methods are constrained by the rules and regulations of the live broadcast platform or specific management behaviors. In line with the above two conditions, there is a labor relationship between the anchor and the live broadcast platform.

　　"As far as the first and third cases are concerned, there is no personal attachment between the anchor and the live broadcast platform, and the anchor is independent. Therefore, these two situations do not constitute labor relations; As far as the second case is concerned, the anchor provides labor, the live broadcast platform pays remuneration, and at the same time, it is managed by the live broadcast platform and has personal dependence, so it constitutes a labor relationship. " Zheng Ning said.

　　In the view of Wang Yanhui, a Shanghai lawyer, three conditions need to be considered to determine whether there is a labor relationship between the live broadcast platform and the anchor: First, whether the employer and the employee meet the subject qualifications stipulated by laws and regulations; Second, whether the various labor rules and regulations formulated by the employer according to law are applicable to the workers, and whether the workers are subject to the labor management of the employer and engaged in paid labor arranged by the employer; Third, whether the labor provided by the laborer is an integral part of the employer’s business. According to the above conditions, it can be judged whether there is a labor relationship between the platform and the anchor.

　　"Therefore, in the above three situations, only the second one meets the conditions for forming labor relations." Wang Yanhui said.

　　However, Wang Quanxing, a professor at the Law School of Shanghai University of Finance and Economics, believes: "The live broadcast activity of the network anchor on the live broadcast platform is an activity in which the platform and the anchor jointly provide video products or services to the audience, and it is also the digital labor and remote labor provided by the anchor to the platform in the virtual place arranged by the platform, which constitute the production factors of the platform’s business activities of providing video products or services to consumers; The anchor shall abide by the management rules of the platform when engaging in anchor activities in the virtual places arranged by the platform. At the same time, the relationship between the platform and the anchor is continuous with the anchor activity as the object. Therefore, although the relationship between the platform and the anchor is different from the labor relationship in the traditional format, that is, it does not have all the elements of labor relations, but it has some elements of labor relations, such as subordination and continuity. "

　　Wang Quanxing said that as for the "cooperative relationship" agreed by the anchor and the platform, it is not a standardized legal concept, nor is it a famous contract concept. Any contractual relationship, including labor contracts, is cooperative. Therefore, the so-called "cooperative relationship" is not mutually exclusive with contracting relationship, entrustment relationship and labor relationship.

　　"In the terms of the contract, the anchor and the platform do not belong to the labor relationship or employment relationship ‘ Know ’ , and can not be used as the sole basis for determining whether it is a labor relationship. If the anchor has the facts that meet the requirements of labor relations in the process of cooperation, and this fact is also the agreement of both parties, such as the fact that the anchor undertakes the obligation of non-competition, it is the element that constitutes subordination. Therefore, whether labor relations are determined or not should be judged whether there are facts that meet the requirements of labor relations. " Wang Quanxing said that there are certain reasons for determining the nature of the so-called "cooperative relationship" between the platform and the anchor.

　　If it constitutes a labor relationship, workers can safeguard their rights and interests according to the labor law. Then, if it does not constitute a labor relationship, can the anchor effectively protect his rights and interests?

　　In this regard, Zheng Ning said that in some cases, although the anchor and the live broadcast platform do not constitute a labor relationship, there is a contractual relationship between the anchor and the live broadcast platform, and the anchor can safeguard his legitimate rights and interests according to the provisions of the contract law. There is a contractual relationship between the anchor and the live broadcast platform. The contract follows the principles of equality, voluntariness and good faith. Both parties can determine the contents of the contract through consultation. When one party thinks that there is fraud, coercion, obviously unfair or major misunderstanding, it can request the court or arbitration institution to cancel or change the contract. The parties to a contract may also stipulate liquidated damages in the contract. When one party violates the contract, the other party may request the defaulting party to pay liquidated damages and other ways to assume responsibility.

　　How to evaluate the liquidated damages for job-hopping

　　Anchor is the core resource of live broadcast platform, and the competition between platforms will also affect the value of anchor. In the fierce competition between live broadcast platforms, the value of the anchor is constantly being raised, and even there is a false high situation. At the same time, some online celebrity anchors think that their popularity depends on their own abilities, but the platform thinks that they have invested in packaging, publicity, planning and even broadband resources. Therefore, when some online celebrity anchors change jobs, they are often asked by the live broadcast platform to pay high liquidated damages. In recent years, the amount of liquidated damages has been increasing. However, how to evaluate the liquidated damages?

　　"On the legal level, the setting of liquidated damages has two main meanings: on the one hand, it is to protect the transaction, and it is a means of punishment for the defaulting party; On the other hand, it is also the most important function of liquidated damages, that is, to make up for losses, because one party’s breach of contract will often bring economic losses to the observant party, including actual losses and expected benefits. The determination of the amount of liquidated damages should be based on the actual loss of the observant party, and the observant party should prove its actual loss and expected benefit. If the breaching party thinks that the liquidated damages claimed by the other party are too high, then it has the right to ask the court to make adjustments, and the court will also make reasonable judgments according to the actual situation and the general situation in the industry. " Wang Yanhui said.

　　In this regard, Zheng Ning’s point of view is: "As far as the assessment of liquidated damages is concerned, there are two situations: first, there is a labor relationship between the anchor and the live broadcast platform. According to the provisions of the Labor Contract Law, the platform provides training fees for the anchor, and the service period is agreed, and the anchor can be claimed to pay the training fees that have not been fulfilled. If the anchor terminates the contract in breach of contract, or violates the confidentiality obligations or non-competition restrictions agreed in the labor contract, causing losses to the employer, it shall be liable for compensation. "

　　"Another situation is that there is a contractual relationship between the anchor and the network platform." Zheng Ning said that the contract law stipulates that the parties may agree that one party shall pay a certain amount of liquidated damages to the other party in case of breach of contract, and may also agree on the calculation method of the amount of damages arising from breach of contract. If the agreed liquidated damages are lower than the losses caused, the parties may request the people’s court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people’s court or arbitration institution to reduce them appropriately. The Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of People’s Republic of China (PRC) Contract Law (II) stipulates that the agreed amount of liquidated damages exceeds 30% of the loss, which can generally be regarded as "excessively higher than the loss caused". Therefore, in the contract, the anchor and the network platform can agree on the liquidated damages in advance, and when one party violates the agreement, the other party can claim to pay the liquidated damages.

　　In Wang Quanxing’s view, in labor relations and labor law, the application of liquidated damages is subject to legal restrictions, and compensation has legal rules. In civil contracts, we should pay more attention to the principle of fault, the principle of fairness and the proof of damage facts for liquidated damages and compensation.

　　Both sides should raise their legal awareness.

　　Some people think that anchor job-hopping is an act that lacks the spirit of contract; Others believe that this is normal business competition. As anchors who want to jump ship, they want to get a job on a new live broadcast platform; As an old club, the anchor is generally required to continue to perform the contract and compensate for the losses. So, how to balance the different demands between the anchor and the live broadcast platform?

　　In this regard, Wang Yanhui said that according to the provisions of the Contract Law, the observant party has the right to choose to terminate the contract and demand payment of liquidated damages, and also has the right to choose to ask the defaulting party to continue to perform the contract. However, the purpose of China’s civil law is not only to protect transactions, but also to protect the freedom of transactions as much as possible. If the anchor has reasonable reasons to prove that he can’t continue to perform the contract with his old club, then the law generally won’t "buy and sell" and ask him to continue to broadcast live on the original platform.

　　In Zheng Ning’s view, in the case of labor relations, the labor law stipulates that workers have the freedom to work, and they can terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period. Therefore, the anchor has the right to terminate the labor contract in accordance with the provisions of the labor law. The employer can only demand compensation for the corresponding losses through terms such as non-competition, confidentiality obligations and training.

　　"In the case of a contractual relationship, both parties shall exercise corresponding rights and perform corresponding obligations in accordance with the contents of the contract agreed in advance. The live broadcast platform may require the anchor to pay liquidated damages and compensate for the losses for the anchor’s breach of contract. However, the subject matter of the contract has personal attributes and is not suitable for enforcement. Therefore, after the anchor pays the liquidated damages, the anchor can broadcast on the new platform. " Zheng Ning said.

　　In Wang Quanxing’s view, there is a legal basis for non-competition in labor relations. Because the restriction of non-competition is a restriction on the freedom of workers to choose a job, it is conditional for workers to undertake the restriction of non-competition, and it is based on the compensation given to workers by employers. As for whether the non-competition clause can be stipulated in the civil contract, there is no legal basis in China. There must be a legal basis for agreeing on non-competition. Even if it is allowed to agree on non-competition, the obligation to undertake non-competition should be conditional and have economic compensation as consideration. Otherwise, obviously unfair.

　　"In reality, many live broadcast platforms are unwilling to form a labor relationship with the anchor on the one hand, and require non-competition restrictions on the anchor on the other hand, and their goals are conflicting. In fact, choosing the arrangement of labor relations may not be unfavorable to the live broadcast platform. " Wang Quanxing said.

　　Then, once the anchor changes jobs, how should the anchor and the platform protect their rights and interests?

　　"Improve legal awareness. When signing a contract, clarify the legal relationship between the two parties, that is, clarify whether it is a labor relationship or a contractual relationship, and then stipulate the rights, obligations and legal responsibilities of both parties in detail. The contract should clearly stipulate the remuneration standard, payment method, payment period, etc., and determine a reasonable amount of liquidated damages. If conditions permit, it is best to hire legal counsel or consult legal experts. " Zheng Ning said.

　　"According to my understanding of this industry, many anchors are still young, their social experience is not rich, and their legal awareness is not strong. If you want to guarantee your own interests, the anchor must first sign a formal contract with the platform, and no matter what form of cooperation, it should be implemented in writing. " Wang Yanhui suggested that the rights and obligations of both parties should be clearly stipulated in the contract, and the anchor should be familiar with his obligations and the legal ways to safeguard his interests when his rights are violated. In addition, both the anchor and the live broadcast platform should keep their contracts and communication evidence in case of emergency. Live broadcast belongs to a new industry, which lacks corresponding laws and regulations to regulate. Only by improving the legal awareness can employees in this industry have better development.

　　□ Our reporter Han Dandong

Municipalities, counties (districts) Recruitment Committee, Education Bureau, Pingtan Comprehensive Experimental Zone Recruitment Committee and Social Affairs Bureau:　

　　According to the Notice of the Fujian Provincial Department of Education of the Admissions Committee of Fujian Higher Education Institutions on matters related to the registration of the general college entrance examination in Fujian Province and the relevant provisions of the Ministry of Education, in order to do a good job in the registration of the general college entrance examination in our province in 2022 (hereinafter referred to as the "general college entrance examination"), the relevant matters are hereby notified as follows:　

　　I. Registration conditions　

　　(1) The following persons may apply for registration　

　　Abide by the Constitution and laws of People’s Republic of China (PRC), comply with the relevant management regulations of the Ministry of Education, the Provincial Recruitment Committee and the Provincial Department of Education, graduate from high school or have equivalent academic qualifications, and meet the relevant requirements. At the same time, one of the following conditions must be met:　

　　1. It has a household registration in our province and the first household registration after birth is registered in our province. Among them, students in the graduating class of high school (hereinafter referred to as fresh graduates) must have the status of high school students in our province and actually study.　

　　2. Because one parent (or legal guardian, the same below) belongs to job transfer, talent introduction, immigrants from the reservoir area, and active servicemen (including civilian personnel) stationed in Fujian, the applicants moved to our province before registering for the general college entrance examination. Among them, fresh graduates must have a high school student status in our province and actually study.　

　　3. Because of taking refuge in one parent, the applicant’s household registration moved to our province before the general college entrance examination, and at the same time, the trusted person must have a household registration in our province and register in our province for the first time after birth. Among them, fresh graduates must have a high school student status in our province and actually study.　

　　Although the person who has taken refuge in our province has a household registration, but the first declaration of household registration after birth is not in our province, it shall be implemented in accordance with the fourth provisions.　

　　4. For fresh graduates who have moved their household registration into our province for other reasons, they must have moved their household registration into our province for three years (as of July 1, 2022, the same below), and they must also have a high school status in our province and have three consecutive years of actual study experience.　

　　Previous graduates who moved their household registration into our province for other reasons and held the graduation certificate of high school in our province; Previous graduates who hold the graduation certificate of high school outside the province must have moved into our province and graduated from high school for 3 years; For those with the same educational level, the household registration must be moved to our province for 3 years and the junior high school graduation (including graduation) must be 6 years.　

　　5 migrant children of migrant workers and other non-registered employees in our province have the status of high school students in our province and have three consecutive years of actual study experience. At the same time, one of his parents must have a record of paying social insurance premiums or paying taxes in our province in recent three years according to state regulations to prove his working experience in our province.　

　　6. Foreign nationals who have settled in our province, have the actual study experience in high school in our province and hold the "Permanent Residence Identity Card of Foreigners of the People’s Republic of China" issued by the public security organs.　

　　(two) the following persons shall not apply for registration　

　　1. College students with higher education qualifications, or students who have been admitted to colleges and universities and retain their admission qualifications.　

　　2. Students who have not graduated from high school this year (except those who meet the conditions for enrolling in juvenile classes and other personnel as otherwise stipulated by the Ministry of Education).　

　　3. Fresh graduates who registered by fraudulent means and illegally participated in the general college entrance examination (including the national unified examination, the provincial unified examination and the entrance examination organized by colleges and universities separately) in the non-fresh graduation year of high school.　

　　4. Persons who have been suspended from taking the college entrance examination for violating the provisions of the national education examination and are in the suspension period.　

　　5. Persons who have been taken compulsory measures by the relevant departments or are serving sentences for violating the criminal law.　

　　6. Other personnel who do not meet the registration conditions for the general college entrance examination in our province.　

　　(3) Other matters　

　　1. After registration, before July 1, 2022, the household registration will be moved out of our province or the high school student status will be transferred out of our province, which is regarded as giving up the examination and admission qualification of the general college entrance examination in our province.　

　　2. Applicants who have household registration in our province but do not meet one of the conditions 1 to 4 in Article (1) above can apply for enrollment in the classified examination of higher vocational colleges in our province (the specific time will be notified separately), but they can only apply for higher vocational (specialist) batches.　

　　3. Unless otherwise stipulated by the Ministry of Education, it shall be implemented according to the document requirements of the Ministry of Education.　

　　Second, the registration method　

　　The registration of the general college entrance examination in 2022 in our province includes two stages: "online registration" and "on-site confirmation".　

　　(1) Online registration　

　　1. All personnel who apply to participate in the general college entrance examination in our province in 2022 (including students walking, "Strong Foundation Plan", enrollment of high-level sports teams and high-level art troupes, enrollment of sports training, martial arts and traditional national sports majors, enrollment of disabled candidates alone, vocational education teachers’ classes, juvenile classes, etc., the same below) must log on to the website of Fujian Education Examinations Institute (www.eeafj.cn) from November 1 to 6, 2021.　

　　2. When registering online, applicants should choose the corresponding registration site confirmation point. Among them, fresh graduates choose the confirmation point of the county (city, district) where their student status is located in principle; Non-fresh graduates of this province’s household registration (including previous graduates and equivalent academic personnel, the same below) choose the designated confirmation point of the county (city, district) where the household registration is located in principle; Non-fresh graduates of migrant children should choose the confirmation point of the county (city, district) where the original high school student status is located.　

　　3. The household registration personnel in our province who intend to declare the special plans of colleges and universities and local special plans in our province must register in the county (city, district) where the household registration is located. Colleges (majors) that intend to apply for enrollment in districts, cities or counties (cities, districts) must have household registration in the districts, cities or counties (cities, districts) and register in the districts, cities or counties (cities, districts).　

　　4. When registering online, applicants should fill in the registration information truthfully as required, and be responsible for the authenticity and accuracy of the information filled in. At the same time, according to the Letter of Fujian Provincial Department of Finance of Fujian Provincial Development and Reform Commission on Re-formulating the relevant charging standards for college entrance examinations in our province (No.402 [2021] of Minfa Reform Service Price Letter), the registration examination fee 240 yuan should be paid through the Internet, and candidates who apply for sports and art should also pay the professional provincial unified examination fee, among which 170 yuan/student of sports and 170 yuan/student of art can participate in the on-site confirmation only after the online payment is successful.　

　　(2) On-site confirmation　

　　1 registration confirmation point is determined by the county (city, district). Registration confirmation point should be located in the county (city, district) education entrance examination institutions, ordinary high schools or secondary vocational schools, not in training institutions (schools). Counties (cities, districts) should announce to the public the names, acceptance scope, addresses, telephone numbers and other information of all registration confirmation points in their respective jurisdictions before online registration begins.　

　　2. Applicants themselves must go to the confirmation point of their choice for on-site confirmation with the materials required for registration from November 6 to 10, 2021, and will not be accepted after the deadline. Encourage county (city, district) education entrance examination institutions to designate special personnel to provide on-site confirmation services to ordinary high schools.　

　　3. At the time of on-site confirmation, the applicant shall submit the original and photocopy of his household registration book, valid resident ID card, student status and actual attendance certificate and other relevant registration materials for the on-site confirmation staff to check and check.　

　　(1) In 2022, fresh graduates must submit the roster of the graduating class (which must be examined and approved by the education administrative department in charge of student status and stamped with the special seal for student status) and the actual attendance certificate (which must be examined and approved by the school where the applicant is located, signed by the principal and stamped with the official seal of the school).　

　　(2) Previous graduates must submit the school graduation certificate of high school study. Personnel with the same educational level must submit junior high school graduation certificates and other relevant supporting materials.　

　　(3) Persons who need to apply for the exam as parents’ job transfer, talent introduction, and active servicemen (including civilian personnel) stationed in Fujian shall also provide identification materials of one parent. The identity of immigrants in the reservoir area shall be verified by the local education department in coordination with the reservoir area management department.　

　　(4) Applicants who have taken refuge in their parents must submit the household registration book and ID card of the person who has taken refuge.　

　　(5) The accompanying children must also submit proof of their parents’ working experience in Fujian. Those who pay social insurance premiums or pay taxes shall be compiled by the education department and submitted to the local community and taxation departments for verification.　

　　(6) Foreign nationals who have settled in our province shall also submit the Alien Permanent Residence Identity Card of the People’s Republic of China issued by the public security organ.　

　　4. All registration confirmation points should take effective measures, strictly examine the registration qualifications, and strictly check the registration confirmation. According to the registration conditions and requirements, check the identity information and relevant certification materials of the applicants one by one. It is necessary to use the second-generation resident ID card reader to check the accuracy of the basic information of the applicants. It is necessary to strengthen the comparison between the college entrance examination registration data and the student status data, and strictly review the student status of the applicants and their actual attendance. According to the regulations, the identity information of the accompanying children should be publicized in the examination area (among them, the graduating students must also be publicized simultaneously in their high school) and accept social supervision. It is strictly forbidden for graduating students to register with the same academic qualifications or previous graduates. It is strictly forbidden to register with their accompanying children. It is strictly forbidden for non-graduating students in high school and college students to apply for exams in violation of regulations. It is strictly forbidden for those who do not meet the registration conditions for the general college entrance examination in our province to register.　

　　5. Applicants should carefully read all the information on the "2022 Fujian Provincial College Entrance Examination Registration Form" printed at the registration confirmation point, and sign it after verification. Non-applicants should not sign it on their behalf. Once the signature of the applicant is confirmed, all registration information shall not be changed. Due to the personal reasons of the candidates, the candidates themselves are responsible for the consequences such as information errors, stolen accounts and passwords, information disclosure, and volunteers being impersonated to fill in or modify.　

　　6. After the registration, the registration confirmation points shall timely file the registration materials of the applicants (one person and one file), and the county (city, district) education entrance examination institutions shall keep them in a unified way for future reference.　

　　(3) Supplementary registration work　

　　1. The supplementary registration work is planned to be unified in April 2022, and the specific work arrangement will be notified by the Provincial Education Examinations Institute.　

　　2. Supplementary applicants: (1) Candidates who enrolled in the classified examination of higher vocational colleges in our province in 2022 but were not admitted and met the registration conditions for the general college entrance examination in our province in 2022. (2) Students who meet Item 1 of Article (1) of the registration conditions and are transferred to the graduating class of our province after registration in November 2021 and before re-registration in 2022. (3) Other personnel who meet the registration requirements for the general college entrance examination in our province in 2022 but miss the registration due to special reasons.　

　　Three, enter oneself for an examination category and examination subjects　

　　(1) Application category　

　　In 2022, the general college entrance examination subjects in our province are divided into six categories: general physics subjects, general history subjects, art of physics subjects, art of history subjects, sports of physics subjects and sports of history subjects. Applicants can only choose one category from them when registering.　

　　(2) Examination subjects　

　　1. In 2022, the "3+1+2" model was implemented in the general college entrance examination subjects in our province, which consisted of unified college entrance examination subjects and general high school academic level selective examination subjects. The unified college entrance examination subjects are Chinese, mathematics and foreign languages (including English, Russian, Japanese, French, German and Spanish). Among them, candidates who choose English or Japanese as foreign language subjects and intend to apply for foreign language majors in colleges and universities should take the foreign language oral test organized by the whole province. Elective examination subjects are selected by candidates from physics and history, and from ideology, politics, geography, chemistry and biology.　

　　2. Art and sports candidates are required to take the professional provincial-level unified examination, and the specific time schedule will be notified separately by the Provincial Education Examinations Institute. In 2022, the provincial-level unified examination for art majors is divided into seven categories: music, art, dance, broadcasting and hosting, choreography, performance (including film and television performances and fashion performances) and calligraphy. If art candidates need to take the school examination of art majors organized by enrollment colleges, they must first obtain the provincial-level unified examination certificate of art majors of corresponding categories and levels.　

　　3. Candidates who intend to apply for the "Strong Foundation Plan", high-level sports teams, high-level art troupes, sports training, martial arts and traditional national sports majors, and colleges and pilot universities that implement the comprehensive evaluation admission model must also take corresponding cultural and professional examinations in accordance with the provisions of the Ministry of Education, the Provincial Recruitment Committee, the Provincial Education Department and relevant universities.　

　　Fourth, the ideological and political moral assessment　

　　(1)The examination of ideological and political morality is mainly to examine the realistic performance of the candidates themselves. The school or unit where the candidates are located (the candidates who have no work units are appraised by the township and street offices to which they belong) shall make a comprehensive appraisal of the candidates’ political attitude, ideology and morality, and be responsible for their authenticity. The assessment materials are classified as the candidates’ application materials by the county (city, district) education entrance examination institutions.　

　　(2)For candidates who have been punished by criminal punishment, public security administration punishment or other violations of law and discipline, the school or unit in charge of assessment should provide detailed materials such as the facts of the mistakes made, handling opinions and my understanding of the mistakes and the actual performance of correcting the mistakes to the education entrance examination institutions where the candidates are registered, and be responsible for their authenticity.　

　　(3)Candidates who have one of the following circumstances and fail to provide proof materials such as their understanding of mistakes and the actual performance of correcting them shall be deemed as unqualified in the examination of ideological and political morality:　

　　1. There are words and deeds against the basic principles set by the Constitution or joining a cult organization, and the circumstances are serious;　

　　2. Violating the Criminal Law and the Public Security Administration Punishment Law, and being punished by criminal punishment or public security administration punishment with serious circumstances and bad nature.　

　　Five, physical health examination　

　　All candidates are required to take part in the physical health examination, and the physical health examination information will be used as an integral part of the candidates’ electronic files. Specific work arrangements will be announced separately. Candidates who fail to attend the physical examination as required will be responsible for the consequences.　

　　VI. Job Requirements　

　　(A) to strengthen organizational leadership,Strengthen the implementation of responsibilities.The college entrance examination registration is related to the vital interests of candidates. All localities should earnestly strengthen the organization and leadership of the college entrance examination registration work, formulate the college entrance examination registration work plan and emergency plan in their respective jurisdictions in accordance with the relevant provisions of the Ministry of Education and the unified deployment of our province, and make overall coordination and increase the allocation of strength to provide necessary conditions for the registration work. It is necessary to strengthen the management of all aspects of registration, accurately grasp the policies and requirements of college entrance examination registration, strictly grasp the work flow and time nodes, and take responsibility from post to person. It is necessary to clarify job responsibilities, strengthen guidance and supervision, implement accountability system for college entrance examination qualification examination, and adhere to the principle of "who checks, who checks, who is responsible". The main responsible comrades and responsible comrades in charge of the education bureaus of all districts, cities and counties (cities, districts) have leadership responsibilities for college entrance examination registration, and the education enrollment examination institutions of all districts and cities have supervision and inspection responsibilities. The education enrollment examination institutions of all counties (cities, districts) are the main responsible bodies for college entrance examination qualification examination, and the main responsible comrades are the first responsible.　

　　(2)Scientifically arrange deployment,Strict epidemic prevention and control.All localities should strictly implement the decision-making arrangements of the CPC Central Committee and the State Council and the requirements of the provincial party committee and government, deeply understand the current epidemic situation in the education system, make epidemic prevention and control a top priority, compact the "four-party responsibility", implement the "four early" requirements, and resolutely prevent relaxation and paralysis. Under the unified leadership of the local recruitment committee, it is necessary to make overall consideration of the local epidemic prevention and control requirements and the actual situation of the college entrance examination registration, scientifically formulate epidemic prevention and control measures for the registration work, especially the registration confirmation link, and earnestly implement the territorial management responsibility. It is necessary to strictly control large-scale indoor gathering activities, announce relevant requirements such as registration confirmation points and epidemic prevention measures in advance, scientifically and reasonably arrange the registration confirmation time for fresh graduates and other candidates, and minimize the flow and gathering of personnel. It is necessary to strengthen health education and guide the majority of candidates and staff to do personal protection seriously through multiple channels and forms. Before the college entrance examination registration, candidates should try not to leave the registration place, and strengthen the monitoring of key personnel, especially for candidates who return to the registration site for confirmation from other places, and complete the risk investigation according to the requirements of epidemic prevention and control. It is necessary to strictly implement the epidemic prevention and control measures at the registration confirmation point, strictly follow the relevant requirements and protection standards for epidemic prevention and control, and do a solid and meticulous job in site disinfection, registration of candidates’ body temperature, safety protection, handling of abnormal situations and on-site guidance for registration confirmation, effectively protect the health and life safety of the majority of candidates and staff, and resolutely build a safety barrier for epidemic prevention and control in the college entrance examination.　

　　(3) Strict qualification examination,Improve information management.Local entrance examination institutions and high school schools should strengthen the guidance for candidates to accurately fill in the information, carefully examine the identity of candidates in accordance with the college entrance examination registration policy of our province, carefully examine the candidates’ household registration books, resident identity cards, school status and other supporting materials and actual attendance, make full use of information technology to do a good job in collecting candidates’ information (especially image information, which should refer to the photo requirements of certificates), comparing and verifying portraits, strictly implement the verification responsibility of "consistency between people and certificates", and establish a signature confirmation system for auditors. All localities should specially organize a group of on-the-job national public officials who are familiar with policies, adhere to principles and have a strong sense of responsibility to be responsible for the qualification examination of the college entrance examination, strengthen the professional training and discipline education for the staff, and shall not hand over the qualification examination to non-on-the-job national public officials. It is necessary to strengthen the standardization of high school enrollment and school-running behavior, strictly manage high school student status, strictly prohibit behaviors such as empty enrollment, separation of nationality, illegal enrollment, and illegal borrowing, take effective measures to treat both the symptoms and root causes of "college entrance examination immigrants", and resolutely crack down on "college entrance examination immigrants" who have obtained college entrance examination qualifications across provinces (autonomous regions and municipalities directly under the Central Government) in violation of laws and regulations. After the registration, all counties (cities, districts) should immediately conduct a comprehensive review of the qualifications of all applicants within their jurisdiction, and compare the candidates’ identity information, household registration, high school student status and other information; Each district and city should designate a special person to organize quantitative inspection and verification of the collected candidates’ relevant information county by county, and report the review to the Provincial Education Examinations Institute in time.Strictly prevent students in non-graduation grades of high school and colleges from entering the exam in violation of regulations, and ensure that candidates’ information is complete, accurate and safe.　

　　(four)Intensify publicity,Optimize service guarantee.The enrollment of gaozhao involves hundreds of thousands of candidates and their families. Middle schools all over the country should strengthen the policy propaganda and interpretation of college entrance examination enrollment in various forms, and actively try to know everything about the applicants, time, place and methods through online consultation platforms, telephones, news media and service windows, so as to ensure that candidates who meet the registration conditions can register on time. It is necessary to take advantage of the opportunity of registration to provide legal education, honesty education and warning education to candidates, so that students can understand the serious consequences brought about by exam violations and providing false materials to defraud the qualifications for entering the exam, rural special qualifications, and the qualifications of caring objects, and guide them to consciously and truthfully report and provide true proof materials. It is necessary to strengthen the convergence of the registration policies for the college entrance examination, organize middle schools to carry out policy announcements when freshmen enter high school, and take the form of signing policy awareness letters by candidates and parents to ensure that non-Fujian registered employees and their children are familiar with relevant policies. To adhere to the examinee-oriented, enhance service awareness, staff should master policies and answer questions accurately through systematic business training, and post registration policies, on-site confirmation procedures, materials to be submitted and matters needing attention at the eye-catching position of on-site confirmation points, so as to do a good job in the registration consultation and guidance services for candidates. Make every effort to provide good registration conditions and high-quality enthusiastic and thoughtful services for candidates to participate in the college entrance examination. At the same time, we should do a good job in letters and visits consultation, pay close attention to online public opinion and properly handle emergencies.　

　　(five)Strict supervision and accountability,strictcheckviolate regulationsbreak the discipline.All localities should, in accordance with the relevant provisions of the Measures for Handling Violations of National Education Examinations and the Interim Measures for Handling Violations of Enrollment in Ordinary Colleges and Universities, deal with those who cheat the college entrance examination qualifications by means of abnormal household registration, fraudulent household registration, illegal acquisition of certification materials, false certification materials, etc., cover up and connive at "college entrance examination immigrants", identify unqualified candidates’ illegal qualifications, go through registration procedures, and seriously deal with the relevant personnel and units that fail to perform their duties seriously and cause candidates’ information leakage according to laws and regulations. Found in the registration stage, cancel the qualification; Those found before admission will be disqualified; If it is found after admission, the admission qualification or student status will be cancelled; Those found after graduation shall be declared invalid by the administrative department of education, and shall be ordered to recover or confiscate them.　

　　Fujian Provincial College Admissions Committee Fujian Provincial Department of Education　

　　October 11th, 2021　

　　编者按

　　2018年1月11日至13日，中国共产党第十九届中央纪律检查委员会第二次全体会议在北京举行。

　　中共中央总书记、国家主席、中央军委主席最高领袖在中国共产党第十九届中央纪律检查委员会第二次全体会议上发表重要讲话。他强调，在中国特色社会主义新时代，完成伟大事业必须靠党的领导，党一定要有新气象新作为。要全面贯彻党的十九大精神，重整行装再出发，以永远在路上的执着把全面从严治党引向深入，开创全面从严治党新局面。

　　1月13日，第十九届中央纪律检查委员会第二次全体会议公报公布，其中明确指出，坚决清除对党不忠诚不老实、阳奉阴违的两面人、两面派，对表态多调门高、行动少落实差的严肃问责，聚焦党的十八大以来不收敛、不收手的领导干部，重点查处政治问题和经济问题相互交织形成利益集团的腐败案，着力解决选人用人、审批监管、资源开发、金融信贷等重点领域和关键环节的腐败问题，坚决查处涉黑“保护伞”。

　　以上六项工作被认为是今年反腐败斗争的新部署。六项工作中的六类人有哪些危害？围绕这六类人的反腐败工作如何开展？从今日起，《法制日报》视点版推出“2018反腐败新动向”系列报道，对这些问题一一剖析，敬请关注。

　　十九届中央纪委二次全会公报1月13日发布，其中指出，“坚决清除对党不忠诚不老实、阳奉阴违的两面人、两面派”。

　　中共中央总书记、国家主席、中央军委主席最高领袖曾指出，领导干部要把深入改进作风与加强党性修养结合起来，自觉讲诚信、懂规矩、守纪律，襟怀坦白、言行一致，心存敬畏、手握戒尺，对党忠诚老实，对群众忠诚老实，做到台上台下一种表现，任何时候、任何情况下都不越界、越轨。

　　“两面人、两面派”是怎样出现的？应如何清除“两面人、两面派”？围绕这些问题，《法制日报》记者采访了业内有关专家。

　　“两面人两面派”危害大

　　“两面人、两面派”的问题早已引起关注。

　　2015年3月，中央纪委监察部网站曾刊发文章《千万不能跟党装两面人 耍两面派——山东省委原常委、济南市委原书记王敏案件警示录》。

　　文中提到，“‘台上一套，台下一套，说一套，做一套；人前是人，人后是鬼……’王敏典型的‘两面人’特质，耐人寻味，发人深省，其警示作用之大，值得每一个领导干部深思”。

　　"Face-to-face, face-to-face, lip-service and action-to-face, this behavior has seriously damaged the relationship between the party and the masses and the prestige of the party in the hearts of the masses, damaged the image of the party, damaged the credibility of the party and harmed the interests of the masses, which has led to the failure to implement the country’s major policies and has also caused great harm to the country’s reform and development." Zhu Lijia, a professor at the National School of Administration, said in an interview with the reporter of Legal Daily.

　　“‘ Two-faced people, two-faced people ’ It is not a new problem in our party. ‘ Two-faced people, two-faced people ’ Accustomed to shouting slogans and doing little, the biggest harm is to affect the party’s image, erode the party’s mass base, and build a wall between the party and the masses, so that the party and the government can’t communicate with the masses normally, can’t really understand the voices of the masses, and can’t carry out the central policies and guidelines to the end, so that the masses can have a real sense of gain, which will eventually threaten the party’s ruling position and damage the political security of the country. ‘ Two-faced people, two-faced people ’ It will also put the party’s procedures for selecting and appointing cadres in trouble. " Zhuang Deshui, deputy director of Peking University Research Center for Clean Government Construction, told the reporter of Legal Daily.

　　The article "Never play double-dealing with two-faced people who pretend to be party members" mentioned that "these righteous speeches are ostensibly lively and eloquent. However, deep down in his heart, he (Wang Min) regards party discipline as nothing. Under the high-pressure situation of severely punishing corruption since the 18 th National Congress, he still does not converge and does not stop, and he violates the discipline. "

　　“‘ Two-faced people, two-faced people ’ Politically, corruption and policy implementation are not in place, and they support it on the surface, but actually do nothing, which ultimately has a negative impact on the interests of the masses. Morally speaking, the quality is extremely poor, and it seems to be very enthusiastic about the things of the masses, but it is mixed with a lot of performance elements. Economically speaking, it is mainly manifested in not doing practical things and seeking personal interests and personal benefits. " Zhu Lijia said.

　　“‘ Two-faced people, two-faced people ’ The main forms of expression include: on stage and off stage. On the stage, you may talk about building a clean and honest party style, but under the stage, you engage in abuse of power for personal gain, group gangs, and even interest groups; It’s a typical manifestation of formalism and bureaucracy, and it’s also a manifestation of being apolitical. In addition, ‘ Two-faced people, two-faced people ’ On the surface, it supports the central government’s decision-making and implements the central government’s policies, but in fact, it is corrupt for personal interests and makes the central government’s policies idle. ‘ Two-faced people, two-faced people ’ Making the party have a flamboyant style and a wind of comparison can’t improve the actual work results, which makes some leading cadres in party member pursue superficial achievements and ignore real achievements, so that ordinary people can’t see the real work results, and they can’t enjoy the reform dividend. " Zhuang Deshui said.

　　The hidden rules of officialdom add fuel to the flames

　　CPC Central Commission for Discipline Inspection Organ once published an article "Revealing Eight Faces of" Two-faced People "in Officialdom", including: Facebook 1— — Believing in Marxism-Leninism on the surface and superstitious about "master" behind it; Facebook 2— — Diligent on the surface, eating and drinking behind; Facebook 3— — Planning development on the surface, collusion between officials and businessmen behind it; Facebook 4— — On the surface, it is dedicated to the public, and behind it is "one family, two systems"; Facebook 5— — On the surface, it is a national cadre, with two boats behind him; Facebook 6— — On the surface, it is quite satisfactory, and it goes its own way behind it; Facebook 7— — On the surface, people are meritocratic, and behind them, people are money; Facebook 8— — On the surface, all corners of the country, behind the gangs.

　　So, how did "two-faced people and two-faced people" come into being?

　　"The fundamental reason is that the transparency of power disclosure is not enough. On the surface, it is very good, but it is not implemented, and the masses are not informed of the specific situation, so that the masses have no way to supervise, which in turn leads to loopholes in supervision. On the other hand, the reason is that the performance appraisal system is not perfect and the performance evaluation of cadres is not objective and scientific enough. Inadequate implementation is also an important reason. Although with the application of Internet technology and big data, the level of performance evaluation is relatively high, but the implementation is not in place, and some people will take advantage of it in the process. In addition, there are fewer channels and platforms for mass supervision and criticism, and the participation of public policies in the implementation process is not high. " Zhu Lijia said.

　　Zhuang Deshui believes that the emergence of "two-faced people and two-faced people" is caused by some hidden rules of officialdom.

　　"In the past, some hidden rules of officialdom made people who could brag and flatter get promotion opportunities, while those who were honest and practical could not get promotion opportunities. In this case, ‘ Two-faced people, two-faced people ’ There will be more room for activities, which will lead to the destruction of political life and political ecology within the party. " Zhuang Deshui said.

　　The reasons at the institutional level cannot be ignored.

　　"Although a series of systems and regulatory measures on inner-party supervision have been introduced, they have not been targeted at ‘ Two-faced people, two-faced people ’ Our cadres have worked out special supervision measures and assessment methods. In addition, there are still some shortcomings in the current assessment mechanism for the selection and appointment of cadres. Sometimes, more consideration is given to the opinions of higher-level leading cadres to lower-level leading cadres, and to a certain extent, the opinions of ordinary people are ignored, which makes some leading cadres only responsible for the upper level, not the lower level, and only the upper level is not realistic, so ‘ Two-faced people, two-faced people ’ 。” Zhuang Deshui said.

　　Strengthen supervision and change assessment mechanism

　　The article "Never play two-faced people with the party" mentioned that Wang Min, who flaunts as an idealist, "made a vow" in front of people and made a superficial statement, but put the revolutionary ideal on the shelf as a spiritual idol and never really used it as a guide to action and behavior to follow. With the tide of market economy, with the promotion of his position and the increase of various temptations, his party spirit has been abandoned, his ideals have collapsed and his beliefs have been shaken, leading to political deterioration, economic greed, moral degeneration and corruption in life!

　　How to prevent the bad influence of "two-faced people and two-faced people"?

　　Zhu Lijia believes that to build a public supervision platform, the public should be encouraged to criticize leading cadres. Both mass supervision and public opinion supervision can effectively make power run in the sun. The most important thing is to strengthen institutional supervision, especially in the process of formulating and implementing important policies, such as the restriction and supervision of administrative power by the Central Commission for Discipline Inspection, the National People’s Congress and people’s congresses at all levels. In order to make the people willing to supervise and dare to supervise, it is necessary to strictly implement administration and governance according to law and let power run on the track of democracy and the rule of law.

　　"Improve the political ecology within the party through the purification of political life within the party and the pre-supervision within the party, thus creating a good atmosphere of wanting to be an officer and being able to be an officer. To target ‘ Two-faced people, two-faced people ’ And such behavior, formulate a special system, strengthen the supervision and management of these behaviors, once found ‘ Two-faced people, two-faced people ’ That is, serious punishment. " Zhuang Deshui said, "We must also change our current cadre assessment mechanism, and the cadre assessment standards have a guiding role in the behavior of leading cadres. It is necessary for leading cadres to establish a correct view of political achievements, and not to equate simple political achievements with shouting slogans and making statements to superiors. Whether the political achievements are good or not, the masses have a steelyard in their hearts. Therefore, it is necessary to increase the weight of public opinions in the assessment of leading cadres, and it is more important to assess the actual results of leading cadres, not to look at face projects and superficial figures. "

　　The article "Never play two-faced people with the party" also mentioned that as a typical "two-faced person", Wang Min’s distorted values, split personality and duplicity behavior engage in political opportunism, pretending to be clean, pretending to be pure and pretending to be honest, and appearing on and off the stage, while others are the latter two performances, one to face and one behind, and using masks to cover up his extremely dirty soul and ugly behavior.

　　"No matter what kind of people, it is very important to persist in the high-pressure situation of anti-corruption and punish corruption with zero tolerance. It is necessary to strengthen the restriction and supervision of power, so that power can operate in a reasonable, effective and scientific framework and in the sun. We must continue to strengthen party building, change the ideological state of leading cadres in party member from the perspective of party building, and strengthen the state of not wanting to rot. " Zhu Lijia said.

　　"To urge leading cadres to establish a correct outlook on life, world outlook and values, that is to say, leading cadres must abandon the fluky psychology, establish a correct political psychology and ethical norms, and truly achieve power for the public. Leading cadres should take on more responsibilities, and don’t just regard leadership positions as an exercise of power. What we should see more is a responsibility. We must truly use public power to seek benefits for the masses. " Zhuang Deshui said.

　　Zhuang Deshui believes that it is necessary to create a good political ecology, continuously promote the construction of work style, and rectify formalism and bureaucracy, so that those "two-faced people and two-faced people" have no market and no room for development in officialdom, so that those cadres who really want to be officers can take up leadership positions and give them more room and stage for development. Only in this way can good cadres play a leading and exemplary role, and bad cadres can really be eliminated.

　　Reporter Du Xiao Intern Liu Xiaoyu