月度归档： 2025 年 3 月

Investor protection has a road map.

　　At present, there are more than 150 million investors in China’s securities market, and more than 95% of them are small and medium investors. Under the influence of subjective and objective factors, small and medium-sized investors have become the most important group whose rights and interests have been damaged.

　　□ In December, 2016, the China Securities Regulatory Commission issued the Measures for the Management of the Appropriateness of Securities and Futures Investors, which marked the establishment of a unified investor suitability system. However, the current investor suitability management is still not solid, and the investor protection situation is still grim.

　　At present, there are more than 150 million investors in China’s securities market, and more than 95% of them are small and medium investors. Under the influence of subjective and objective factors, small and medium-sized investors have become the most important group whose rights and interests have been damaged.

　　Recently, China Securities Regulatory Commission held a symposium on comprehensively deepening capital market reform, and put forward 12 key tasks for comprehensively deepening capital market reform. Among them, strengthening investor protection is an important content. The meeting proposed to promote the establishment of a securities class action system with China characteristics. Explore the establishment of an institutional mechanism in which administrative fines and confiscations are given priority to investor relief. Promote the revision or formulation of judicial interpretations of civil compensation related to false statements, insider trading and market manipulation.

　　Prior to this, the second service forum for small and medium investors (hereinafter referred to as the "forum") also focused on the protection of investors’ rights and interests.

　　From a series of recent meetings, it is not difficult to find that there has been a clear road map for the protection of investors’ rights and interests in China.

　　Perfecting the securities civil litigation system

　　It is the key to implement the civil liability system of securities to establish a set of litigation procedures that can facilitate investors’ litigation and rights protection.

　　At the above-mentioned forum, Fu Jinlian, vice president of the Second People’s Court of the Supreme People’s Court, said that we should make full use of the existing legal system and strengthen the civil liability of market participants who violate laws and regulations. "Several Opinions on Providing Judicial Guarantee for the Establishment of science and technology innovation board and the Pilot Registration System Reform" clearly states that the application of probation should be strictly controlled for securities criminals, and economic sanctions such as fines should be increased according to law. According to China’s existing legal system, the losses suffered by investors due to securities violations are mainly compensated by filing a civil lawsuit. At present, all walks of life have reached a consensus that the investigation of securities civil liability is an important part of promoting the participants in the securities market to return to their rightful place, and it is also the key to whether the law can "grow teeth".

　　In 2019, the CSRC set up a leading group for investor protection with Yi Huiman, Chairman of China Securities Regulatory Commission as the team leader and all relevant business departments of the CSRC as members to study and deploy key work and major policies in the insurance field from a higher level. The key point is to take the opportunity of setting up science and technology innovation board and piloting the registration system, with the focus on protecting investors’ rights and interests, to implement a series of new systems from issuance, underwriting, trading to delisting, and to study and establish a system to help investors get timely relief after their rights and interests are damaged. This is regarded as a part of the investor protection system with China characteristics.

　　On August 7 this year, the Shanghai High Court made a second-instance judgment on the false statement case of Founder Technology, and upheld the first-instance demonstration judgment of the Shanghai Financial Court. This is the first case of demonstration judgment on securities disputes in China, marking the implementation of "demonstration judgment+dispute mediation", an investor rights protection mechanism with China characteristics.

　　Huang Yong, deputy general manager of the CSI Small and Medium Investor Service Center, said that the Investment Service Center actively promoted the establishment of a securities group litigation system and mechanism in line with China’s national conditions, and promoted the establishment of relevant civil compensation judicial recognition standards. At the same time, appropriate cases will be selected in due course, securities public interest litigation will be explored, subrogation litigation and group litigation will be studied, and the litigation representative system will be connected, so as to continuously improve the securities group dispute resolution mechanism of "supporting litigation or loss verification+demonstration judgment+professional mediation".

　　Protect the rights and interests of investors according to law

　　As the basic law of China’s securities market, Securities Law occupies a core position in the legal system of protecting the rights and interests of small and medium-sized investors.

　　In April this year, the National People’s Congress Standing Committee (NPCSC) promulgated the Securities Law (the Third Review Draft of the Revised Draft) and publicly solicited opinions from the public. The third review draft of the revised draft has set up a separate chapter on "investor protection", which fully reflects that the highest legislature attaches great importance to the protection of investors’ legitimate rights and interests.

　　At the above-mentioned forum, Liu Ying, Vice Minister of Justice, said that the Ministry of Justice will continue to actively cooperate with the the National People’s Congress Standing Committee (NPCSC) Law Commission and other relevant units to do a good job in revising the Securities Law.

　　To protect the rights and interests of investors, we must focus on strengthening the supply of the rule of law. Yan Qingmin, vice chairman of the China Securities Regulatory Commission, said: First, further improve the basic market-oriented capital market system and raise the cost of violating laws and regulations. At the same time, the reform of stock issuance registration system is the core to promote the formation of a basic legal system that can be replicated and popularized. The second is to further build a compensation and relief system that is in line with China’s reality. Improve the diversified dispute resolution mechanism, promote the practice of "demonstration judgment+dispute mediation" mechanism, promote the establishment of a class action system with China characteristics, and study the establishment of an investor compensation fund. Third, based on the principle of focusing on key points and accurately cracking down on law enforcement, we will vigorously investigate and deal with illegal acts such as fraudulent issuance, market manipulation and insider trading, which seriously affect market stability, undermine market order and infringe on investors’ interests, and do a good job in the convergence of administrative law enforcement, criminal justice and civil compensation.

　　Fu Jinlian said that there are nearly 50 judicial interpretations and judicial policies specially formulated for the securities market in the Supreme People’s Court, which exceeds the total number of laws and regulations formulated for other financial markets such as banks and insurance.

　　Strengthen investor suitability management

　　Since the development of China’s capital market, the scale of investors has become larger and larger, the structure has become diversified, financial products and services have become more and more abundant, and the product structure has become more and more complicated. Different levels of markets, different types of investment products and different risk levels have different requirements for investors’ risk tolerance. Investor suitability management is a basic system of the capital market, the first line of defense for investors to enter the capital market, and it is not only a security door, but also a firewall, which is the basis for the healthy and stable development of the capital market.

　　In December, 2016, China Securities Regulatory Commission issued the Measures for the Management of the Suitability of Securities and Futures Investors, which marked the establishment of a unified investor suitability system. However, the current investor suitability management is still not solid, and the investor protection situation is still grim.

　　Chen Chunyan, secretary-general of asset management association of china, said that some fund sales models can’t help investors to form asset allocation and long-term investment that truly meet the interests of investors; Some employees lack legal awareness and compliance awareness, violate the essential requirements of "being entrusted by others to manage money on behalf of others", and face investors’ inconsistent words and deeds, fraud and deception, which damages investors’ rights and interests; Individual institutions regard "compliance" as the highest standard in the process of implementing investor appropriateness management measures, and their ideological awareness in preventing financial risks needs to be strengthened.

　　Li Mingzhong, deputy general manager of Shenzhen Stock Exchange, believes that although the Measures for the Administration of the Appropriateness of Securities and Futures Investors make up for the system gap of punishment measures for operating institutions violating the appropriateness obligations, it only strengthens the awareness of law-abiding of operating institutions through administrative means and lacks civil relief for investors.

　　Gong Haibin, general manager of China Securities Investor Protection Fund Co., Ltd. said that at present, the civil liability for violating investor appropriateness management is unclear. The law of our country lacks clear provisions on what kind of civil liability should be borne for violating the investor’s obligation of appropriateness. Judging from the judicial trial, the main way to seek civil liability protection is to claim tort liability when violating the investor’s obligation of appropriateness. However, there is no clear legal basis for determining the two elements of tort liability: "fault" and "causality". Therefore, the standard of civil liability for violating the investor’s appropriateness management needs to be clarified and unified by the judicial organs through a series of typical cases or judicial interpretations.

　　Gong Haibin suggested that the legal level of the investor appropriateness system should be improved from the perspective of "having laws to follow" and "supervising according to law", and the civil liability for violating the appropriateness obligation should be clearly defined at the legal level.

　　Recently, the Supreme People’s Court issued the Minutes of the National Court Civil and Commercial Trial Work Conference (Draft for Comment), clarifying that if the seller’s institution violates the "appropriateness obligation" and causes losses to investors, it shall be liable for compensation. It is necessary to further improve the non-litigation dispute resolution mechanisms such as consultation, mediation and arbitration, so as to improve the efficiency of solving investors’ appropriate disputes.

I went to the power station four times a day, and the new energy taxi ＂chills＂ could not be delayed any longer.

　　Entering the severe winter, "the car is not frost-resistant" has become the "knot" of some new energy taxi drivers in Hohhot.

　　"The cruising range in winter has been greatly shortened, which makes people anxious." Master Ma, the driver, said that his new energy taxi has a cruising range of 430 kilometers, but it has been running for more than an hour recently, leaving more than 200 kilometers of electricity, so he had to quickly change the power station to change the battery. "After the battery can be replaced, the new battery is not fully charged, only 320 kilometers of electricity. At the end of the day, I went back and forth four times to change the power station, and every time I changed it, it was not a fully charged battery. The colder weather is still behind, what can be done? "

　　Drivers are afraid to turn on the warm air in cold weather.

　　The temperature in Hohhot continues to be extremely cold from December 15th to February 25th of the following year, with the lowest temperature around minus 30 degrees Celsius and the lowest daily temperature below minus 15 degrees Celsius. Outdoor, not only people can’t stand the cold, but also new energy taxis are constantly freezing. These problems of new energy taxis also appear from time to time in other northern cold areas.

　　According to the local plan, at the end of the 14th Five-Year Plan, all 2,601 buses and public cruise taxis in Hohhot will be replaced by new energy vehicles. The reporter learned that in 2023 alone, Hohhot replaced 1069 new energy vehicles at one time and completed 40% of the "14 th Five-Year Plan" goal.

　　At three o’clock in the afternoon, it was the peak shift of taxi drivers. At a new energy vehicle power station in the South Second Ring Road of Hohhot, more than 30 taxis came to change electricity. At the entrance of the power station, a slogan is particularly eye-catching: "Changing electricity is as convenient as refueling!" However, the driver, Master Jia, told the reporter that he had been waiting in line for 30 minutes, but he had not yet reached half of the queue, and it was estimated that he would have to wait at least half an hour.

　　"When the weather is warm, the traffic volume here is not large, but in winter, the frequency of changing electricity for vehicles increases, and the power station begins to queue up." Driver Jia Shifu said.

　　In order to reduce the number of power changes, many drivers are afraid to turn on the warm air in cold weather. These days, sitting in the cab of a new energy taxi, the driver Li Shifu kept rubbing his hands with cold. He reluctantly said that new energy vehicles rely on electricity for heating in winter. When the warm air is turned on, the power failure speed is faster, and they dare not take long-distance orders at all. "It’s MINUS 20 degrees Celsius these days, and cars and people can’t stand it anymore. When it’s MINUS 30 degrees Celsius, the situation will be more serious."

　　In cold weather

　　New energy vehicles still have problems.

　　"New energy vehicles actually have many advantages, such as basically no maintenance, cheap electricity, and more comfortable to drive than manual fuel taxis." Li Shifu, an interviewed taxi driver, and his colleagues generally said that from the perspective of environmental protection and use cost, new energy taxis have incomparable advantages over traditional fuel vehicles.

　　However, in the cold weather, there are still some problems with new energy vehicles.

　　First of all, the number of batteries in the power station is insufficient.

　　Hu Zhiqiang, general manager of Inner Mongolia Aodong Hengshi Technology Co., Ltd., a power station operation company, told the reporter that the new energy taxis in Hohhot are mainly Dongfeng Qichen models, and each car only needs to change electricity twice a day in summer, while the number of changes in winter is about 3.5 times. "At present, 758 Qichen taxis in the city share 199 rechargeable batteries. Because the number of battery changes has doubled, the batteries simply can’t turn over. If they are not fully charged, they have to be replaced quickly." Hu Zhiqiang estimated afterwards that at least 300 batteries should be replaced to ensure that local drivers can replace them with fully charged batteries.

　　Secondly, the power exchange stations are remote and few in number.

　　It is understood that there are only four power stations corresponding to Qichen taxis in the city, which are located in the periphery of Hohhot, and there is no power station in the center of the city. "It is very inconvenient to change electricity. When we have more than 100 kilometers of electricity left, we have to hurry to change electricity, fearing that the electricity will be lost halfway." Master Jia said that frequent power changes, coupled with long queues for power changes, reduced his income by one-third after entering the winter. In the first ten days of November, 2023, the reporter observed that there were more than 30 vehicles queuing to change electricity in four power stations in Hohhot, and some drivers even queued for nearly 2 hours. The reporter learned that if there are enough batteries and power exchange stations, the normal speed of power exchange is 2 minutes per car.

　　Insiders suggest that the promotion of new energy taxis should be gradual, and the improvement of supporting facilities should be ahead of increasing the number of vehicles. "We should appropriately increase the number of power exchange stations, scientifically arrange the locations of power exchange stations, improve the convenience of power exchange, and deal with the quantitative relationship between batteries and power exchange stations to prevent congestion. At the same time, it is recommended that taxi drivers change power at different peaks to reduce centralized power change during the handover period. " Hu Zhiqiang said.

　　Take a long view

　　Layout of new energy taxi business

　　Many business representatives also believe that compared with the south, the new energy taxi operators in the north need to invest more "over-construction" costs. Hu Zhiqiang believes that it is imperative to increase the number of power stations and batteries because of the serious power failure and inconvenient power exchange in new energy taxis in winter.

　　Wang Zhenmang, chairman of Hohhot Passenger Taxi Industry Association, suggested that government departments and taxi operators should further improve the coping ability of drivers and related personnel and improve the efficiency of power exchange through centralized knowledge training and skill training. "With the arrival of cold wave and snowfall, it will be difficult for new energy taxis to take off the battery. It is recommended that 4S stores improve the one-stop after-sales service for emergency treatment." Wang Zhen said quickly.

　　At present, the temperature in many places in the north continues to decrease, and a large number of new energy taxis, power exchange and charging stations will face challenges and tests again. Many parties have appealed that we should seize the time to build a power station and replenish batteries, and at the same time take a long-term view to lay out the new energy taxi business, speed up the shortcomings, and effectively promote the transformation of green travel modes.

　　Comprehensive economic reference newspaper

[Editor in charge:

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Have consumers made a profit from the ＂price war＂ of auto insurance fees？

　　"The highest commission rate has reached more than 30%, and the competition for customers is fierce, and the rebate is getting higher and higher … …” Business personnel of a large property insurance company revealed that the phenomenon of "vicious competition of commercial auto insurance fees" has risen.

　　In view of the problem of high fee competition in some regions and institutions, the State Financial Supervision and Administration recently issued the Notice on Regulating the Order of the Auto Insurance Market, which started to regulate the order of the auto insurance market from five aspects.

　　Cash back for maintenance

　　Auto insurance "rebate" is strong

　　Over the years, the regulatory authorities have repeatedly applied to rectify the chaos, requiring insurance companies not to engage in unfair competition. Property insurance companies and insurance intermediaries are not allowed to give or promise to give benefits to the insured and the insured other than those stipulated in the insurance contract by returning or giving cash, prepaid cards, securities, insurance products, shopping vouchers, physical objects and points deduction. It is not allowed to illegally pay benefits other than those stipulated in the insurance contract in disguised form by participating in promotional activities organized by other institutions or individuals.

　　Since September 2020, after the comprehensive reform of auto insurance, the auto insurance market has shown a situation of "double decline" in premium price and handling fee rate. However, the phenomenon of "vicious competition in handling fees" in the auto insurance market has risen again this year.

　　Many car owners told Beijing Youth Daily that the "rebate" phenomenon of commercial auto insurance still exists, and the intensity of "rebate" has not diminished. On some social media, there are also insurance company salesmen who issue "rebate" promotions to attract customers.

　　In an interview, Mr. Liu reported that the price of commercial auto insurance has been really cheap in recent years, and it has not been out of danger for six consecutive years. Counting the returned cash of more than 2,000 yuan, it is several hundred cheaper than last year.

　　Ms. Zhang’s private car insurance is about to expire. This month, she has received many phone calls from insurance salesmen, all of whom have given more concessions than the contract quotation. Calculated, the commercial insurance, compulsory insurance and vehicle and vessel use tax totaled 3,791 yuan, which can be returned to 760 yuan after placing an order through the APP. Even a salesman asked someone to give her an account and return it to 100 yuan, and then send it for a maintenance, a paint repair and six car washes. Ms. Zhang said: "I will definitely shop around and see which one offers the best price."

　　Vicious competition for handling fees has risen

　　In the long run, it may affect the interests of consumers.

　　"Now we are faced with a dilemma. The big insurance companies in the head have high profits and sufficient expenses. If they take the lead to grab market share, small and medium-sized insurance companies will lose the market if they don’t follow, and they may not be profitable if they follow." A car insurance business person told the reporter of Beiqing Daily that the handling fee rate for compulsory insurance is around 4% and that for commercial insurance is around 15%. In order to grab territory and share, some property insurance companies have given a handling fee rate of over 30% through unfair competition, which has greatly deviated from the reasonable range of auto insurance handling fee rate.

　　These undisclosed fees allow competition, mainly divided into open lines and dark lines. The so-called "open-line" profit-making means that auto insurance sales personnel return part of the commission from sales to customers in order to obtain customers, which is mainly a personal act; The "hidden line" is that insurance companies pay fees to 4S stores, intermediaries and other channels, which are regulated by insurance companies.

　　In fact, this vicious competition for handling fees has not actually fully benefited auto insurance consumers, but has provided opportunities for arbitrage between different channels in the auto insurance market. If the handling fee rate of the intermediary company is higher than other channels, other channels will hang suitable customers in the intermediary company to earn higher handling fees from the insurance company, and finally the two sides can share the difference between the handling fees. In the long run, the vicious competition in the auto insurance market will inevitably affect the interests of consumers.

　　Supervision and rectification of chaos

　　It is required to strengthen the management and control of handling fee accounting.

　　Why do insurance companies still have to seize the market through "rebate" in the case of repeated applications from the regulatory authorities? How can auto insurance companies compete normally?

　　Xu Jianping, vice president of Cheche Technology, said that "exchanging fees for market share" has always been a chronic disease in the property insurance industry.

　　Once large insurance institutions take the lead in grabbing market share under the pressure of performance, other market players will certainly follow suit and quickly lead the market fee competition to heat up, which is likely to return to the eve of comprehensive reform of auto insurance. This vicious competition in handling fees will not only benefit consumers, but also the insurance companies themselves will suffer great losses.

　　From the insurance company’s point of view, the fee competition behavior in the auto insurance market is mainly rooted in the mechanism assessment of the head office. Excessive business growth indicators lead to grassroots buying business at no cost, which directly leads to vicious competition chaos such as charging fees and grabbing orders. It is suggested that insurance companies should standardize their assessment standards and set reasonable business objectives.

　　The vicious competition of handling fees in the auto insurance market has attracted the attention of the regulatory authorities. Recently, the Property Insurance Department of the State Financial Supervision and Administration Bureau issued the Notice on Regulating the Order of the Auto Insurance Market to guide insurance companies to operate in compliance and prudence.

　　The Notice regulates the order of the auto insurance market from five aspects, including prohibiting insurance companies from blindly fighting for scale and share, and assigning unrealistic premium growth tasks to branches. At the same time, it also requires insurance companies not to deviate from the actuarial pricing basis and sell auto insurance products at a price lower than the cost. Insurance companies are required to strictly control internal control such as expense budget, examination and approval, accounting and auditing, and truthfully allocate various operating and management expenses, and strengthen the management and control of handling fee accounting. Text/Reporter Yan Lishuang Coordinator/Yu Meiying

　　memory

　　The regulatory authorities started to regulate the order of the auto insurance market in five aspects.

　　The Property & Casualty Department of the State Financial Supervision and Administration Bureau issued the Notice on Regulating the Order of the Auto Insurance Market, and started to regulate the order of the auto insurance market from five aspects.

　　1. Firmly establish the concept of compliance management and strictly implement various regulatory requirements.

　　2. Further strengthen the sense of responsibility and overall situation, and consciously assume the main responsibility of maintaining the order of the auto insurance market.

　　3. All property insurance companies should attach great importance to the insurance underwriting services for high-risk vehicles such as motorcycles and operating vehicles.

　　4. All banking insurance regulatory bureaus shall continue to monitor the dynamic situation of the auto insurance market, pay special attention to the expense levels of institutions within their jurisdiction, and strengthen the supervision of the implementation of auto insurance rates.

　　5. All banking and insurance regulatory bureaus should continue to maintain the high-pressure situation of auto insurance supervision, fight early and fight small, and prevent the behavior of individual institutions from affecting the stability of the auto insurance market in the whole jurisdiction.

From January to June, the cumulative global sales of Great Wall pickup trucks broke 100,000 consecutive pickup trucks.

A few days ago, Great Wall pickup truck announced its sales data for June. Great Wall pickup trucks sold 16,523 units worldwide in June; From January to June, the global sales totaled 102,596 units, up 8.7% year-on-year. From January to June, the domestic terminal market share exceeded 50%. For every two pickup trucks sold in China, one was the Great Wall.

From January to June, 22,550 Great Wall pickup trucks were sold overseas, up 15% year-on-year, keeping China brand leading in export sales.

The Great Wall Gun sold 12,087 units worldwide in June, with a cumulative sales volume of over 10,000 units in 34 months, ranking first in pickup truck sales. Great Wall Cannon, Fengjun Cannon and King Kong Cannon ranked among the top three single-model sales in pickup truck market.

Great Wall pickup trucks have been ranked first in sales for 25 consecutive years, and the cumulative global sales have exceeded 2 million. As a pickup truck leader, Great Wall Gun insists on category innovation and leads the pickup truck category with high-value products. Create a full-scene pickup truck life with users and create a Chinese pickup truck culture; Continue to deepen the global layout and boost China pickup truck to the world.

Diversified product layout promotes market expansion with category innovation

In the first half of the year, Great Wall Gun continued to innovate in categories, making full efforts to take advantage of two categories: leisure and fashion business. The global product layout achieved full lineup, full scene and full price coverage, which promoted market expansion and continuously improved the value of pickup trucks.

The passenger leisure category is based on the global intelligent professional off-road tank platform, covering medium-sized, large-sized and full-size pickup trucks in an all-round way, and is committed to meeting the diversified and personalized needs of users. Fashion business goods focus on building compact and medium-sized pickup trucks, and are committed to building value cars and people’s livelihood cars for thousands of industries, helping users to have a good business and a better life.

The overall rejuvenation of the 2023 Great Wall Gun leads the value of pickup trucks in China to jump.

In the second quarter of this year, the 2023 Great Wall Gun of "Global Smart Luxury Pickup" was completely renewed and upgraded, which accurately adapted to different scenes such as pickup truck riding, commercial use and off-road, realizing full-scene, multi-purpose coverage, setting a new benchmark for the value of pickup trucks in China, providing users with a smarter, more luxurious and safer car experience, and becoming the first choice for quality pickup trucks in the new era.

In April, the 2023 car gun of "Global Intelligent Luxury Car Pickup" was officially launched, and efforts were made to improve its intelligence, luxury, safety and comfort, and the increase in equipment did not increase the price, leading the global car pickup track with champion strength. In May, the 2023 commercial gun of "Global Intelligent Luxury Commercial Pickup" was listed in glory, and it became the preferred business partner and intelligent assistant for business elites with the five strengths of "super driving, super power, super safety, super bearing and super ingenuity". In June, 2023 off-road guns of "Global Intelligent Luxury Off-road Pickup" and 2023 guns of "King of the Desert" were launched, leading the category of off-road pickups with high-energy off-road strength.

Fire bombs/dragon bombs go on the market to meet the personalized customization needs of pickup players.

The Great Wall Gun has been extended to off-road, refitting, traveling, motorcycle, fishing and other multi-scene and personalized products, and has continuously broken through the price ceiling of pickup trucks in China.

In the first half of the year, the customized modified products, Firebomb and Dragon Bomb, were launched strongly, and the "cannonball plan" was deepened. With hard-core off-road strength, the demand for more personalized outdoor vehicles for pickup truck players was met, leading the trend of off-road pickup truck modification and helping the hard-core off-road pickup truck culture to develop upwards.

New cars of Shanhai cannon are delivered one after another, showing the ultimate nature of the king of outdoor

Since China’s first large-scale high-performance luxury pickup truck Shanhai Gun went on the market, its sales have been hot, and it has been widely praised for its three ultimate strengths of "high performance, super luxury and super fun". In the first half of the year, Shanhai Cannon delivered new cars all over the country one after another, and walked with users of different circles, showing the super true nature of "the king of outdoor".

The launch of AT model of King Kong Gun sets a new benchmark for the value of commercial pickup trucks.

At the beginning of March, the "100,000-yuan automatic pickup truck" King Kong Gun went on the market, leading the new trend of commercial pickup trucks with the four strengths of "Hard-core King Kong, King Kong Quality, Super King Kong and Fashion King Kong", helping users to have a good business and a better life. The new car has super high cost performance, and its 6AT transmission has been rigorously tested for 300,000 kilometers, with mature technology, simple structure and reliable quality, which is especially suitable for commercial cargo transportation.

Providing the optimal solution of pickup new energy and leading the pickup 4.0 era in China.

China pickup truck has evolved iteratively, and has gone through the era of 1.0 tool car, 2.0 multi-purpose commercialization and 3.0 multi-purpose passenger use, and now it has ushered in the era of "4.0 full-scene intelligent new energy".

In April, China’s first 6X6 super off-road platform newly built by the Great Wall made its world debut at the Shanghai Auto Show. It has three black technologies of "all terrain, super power and unlimited expansion", creating a brand-new category, breaking the situation of foreign capital monopolizing 6X6 and leading China’s hard-core off-road advancement. Based on this platform, CYBERP, the first 6X6 model jointly created by Great Wall Gun and Chaojing! CKUP, with the hardcore strength of "creating new species, creating new life and creating new benchmarks", meets all the yearning of pickup truck players for 6X6 tough travel modes.

The PHEV/HEV, the first large-scale high-performance hybrid pickup truck built in China based on the Hi4-T off-road super hybrid architecture, also appeared on the same stage at the Shanghai Auto Show, enabling fuel with electricity, providing the optimal solution for new energy pickup trucks, and leading the era of intelligent new energy in China pickup truck 4.0.

User operation, upgrading dimension, deepening circle, boosting pickup culture.

Great Wall Gun is not only the pioneer of new pickup truck category, but also the leader of pickup truck culture and the leader of users’ co-creation. In the first half of the year, Great Wall Gun promoted the brand 2.0 strategy to continue to land, and the user operation system was advanced in an all-round way, boosting the pickup culture.

Great Wall Artillery announced that users of Shanhai culture "Shanhaiying, Shanhaiying and Shanhai Haowu" created an action upgrade. The artillery alliance was upgraded, and exclusive clubs for mountain and sea guns and other models were established; The upgrading of the empowerment system of Pickup College will enable the interest circle of Pickup College and Shanhai Culture to create an official system, and the dual drive will empower users to grow. Shanhaixing released six major IP activities in the world to create a multi-cultural experience of global pickup trucks. The plan of creating good things in mountains and seas has also been officially opened.

During May Day, the whole family of Great Wall Artillery went to the Alashan Desert Heroes’ Club to play cross-country, crossing and camping in the desert with users. Among them, the double artillery successfully challenged the Bilutu Peak, known as the "Desert Everest", in only 1 minute and 35 seconds, showing extraordinary off-road strength. In June, Great Wall Gun announced that it would join top desert cross-country players in China to set up three user bases in Wulanbuhe, Badain Jaran and Kumutage to empower users to play desert cross-country.

Great Wall Gun walks with users in the mountains and seas to explore the ultimate life. Shanhai Gun and the ultimate player successfully challenged the "Arctic Crossing Action", and crossed Asia, Europe and Africa for the first time to complete the crossing of the Sahara Desert, and the extreme road conditions showed the ultimate car value of the outdoor king. Shanhaipao also went to Linzhi Peach Blossom Festival with users, and deeply cultivated the circles such as locomotives and Luya to create a full-scene pickup truck life.

Great Wall Gun also actively practices corporate social responsibility and helps public welfare and industrial upgrading. Walk into Hope Primary School in Yunnan Mountain Area, build the first classroom of pickup truck interest, and let children in mountain areas experience the charm of automobile technology. Reach in-depth cooperation with Chu’s agriculture, pay tribute to entrepreneurship, provide strong help for thousands of enterprises and industries, and promote the development of people’s livelihood economy. Join hands with Guangdong Business Federation to empower the "Great Wall Gun to Create Wealth Elite" and promote the upward development of thousands of industries.

Deepening the process of globalization has made China pickup trucks popular in the world.

China gun, global gun! While the Great Wall Gun leads the pickup truck industry in China, it continues to accelerate and deepen the global layout. In March, the first fashionable commercial pickup truck King Kong gun of Great Wall Gun officially landed in the Middle East, further enriching the overseas product line of Great Wall Gun and opening a new chapter in the overseas market of Great Wall Gun.

In May, Great Wall Motor’s first hybrid elastic fuel pickup truck project in Brazil was officially launched, and it was announced that it would launch the first real estate model-hybrid elastic fuel pickup truck in Brazil, bringing "more economical, farther and safer" intelligent new energy products to local users. This is the re-development of the new energy technology of the Great Wall, and it is also a powerful measure for the Great Wall Gun to deeply cultivate the global layout.

At present, Great Wall Gun has been listed in more than 50 countries on four continents, and won the Best Pickup Award in Australia and South America in one fell swoop. It has also become the first China brand with a five-star safety rating under the new Australian ANCAP standard.

In the future, Great Wall Gun will continue to adhere to category innovation and user co-creation, and ignite the pickup dream in everyone’s heart; And on behalf of China pickup truck, it won a decisive battle with international mainstream brands in the global market, and the sword refers to the top three in the world, making China pickup truck popular all over the world.

Do pork, vegetables and fruits increase in price on New Year’s Day and Spring Festival？ The Ministry of Agriculture and Rural Affairs responded.

　　CCTV News:As the year is approaching, whether the prices of pork, vegetables and fruits will increase collectively has become a matter of concern to the people. Keke, director of the Department of Market and Information Technology of the Ministry of Agriculture and Rural Affairs, said that the overall price of agricultural products is expected to fluctuate seasonally, but it is unlikely to rise sharply. Especially during the Spring Festival on New Year’s Day, there will be no shortage of food and oil in the bowls of urban and rural residents, and there will be no shortage of meat and vegetables.

On December 9, 2020, residents bought vegetables at a farmer's market in Haizhou District, Lianyungang City, Jiangsu Province.

On December 9, 2020, residents bought vegetables at a farmer’s market in Haizhou District, Lianyungang City, Jiangsu Province. Vision china

　　The Ministry of Agriculture and Rural Affairs held a press conference today (24th) to introduce the current market situation and production situation of China’s grain and major agricultural products during New Year’s Day and Spring Festival. Keke, director of the Department of Market and Information Technology of the Ministry of Agriculture and Rural Affairs, said that the total supply of grain and major agricultural products in China is sufficient and the market operation is basically normal. Among them, the price of grain rose after years of downturn, and the price of corn rose greatly in the early stage. Recently, with the increase of market volume, the price stabilized, and the prices of rice and wheat remained stable after a slight increase. The production capacity of live pigs continued to recover, and the price of pork fell for three consecutive months. Recently, it rebounded slightly due to demand, and the price of poultry, meat and eggs was low. The prices of vegetables and fruits fluctuate seasonally, which basically conforms to the perennial law. Some small varieties such as onion and ginger have increased greatly, but the supply of vegetables is generally guaranteed.

　　What is the specific supply situation of the "rice bag" market in the traditional consumption peak season such as New Year’s Day and Spring Festival? Keke said that in recent years, China’s food prices have been running at a low level. This year, due to the epidemic situation, disaster situation and capital speculation, the prices of some varieties have resumed their upward trend in stages, but the overall situation remains basically stable. With the bumper harvest of autumn grain, the supply of rice grain is sufficient, and the prices of indica rice and indica rice in the south are stable and strong, while the stalks and stalks in the north are relatively weak. Judging from the price of wheat, it stabilized after a slight increase. This year, the output of wheat and rice in China has increased steadily, and the inventory is still at a historical high. It is expected that the overall price of rations will continue to be stable in the later period.

　　Every year, the "vegetable basket" of ordinary people in New Year’s Day and Spring Festival also attracts much attention. Keke said that from the situation of New Year’s Day and Spring Festival, the production capacity and supply of the main "vegetable basket" varieties are guaranteed. If there is no large-scale low-temperature rain and snow disaster weather, it is unlikely that prices will fluctuate greatly. In terms of varieties, pork prices are expected to stabilize after a slight increase. Poultry stock capacity is at a high level over the years, and the market supply of poultry meat and eggs is guaranteed, and the price will not increase significantly, which is still lower than the same period last year. The stock of beef cattle and mutton sheep increased at the end of the third quarter, and the slaughter will continue to increase at the end of the year. However, the import is uncertain due to the epidemic situation. Due to the peak consumption season of New Year’s Day and Spring Festival, the price of beef and mutton showed a steady and upward trend. The listing of aquaculture products has accelerated, and the price of aquatic products is expected to be stable and weak. The overall fruit yield is high, the market supply is sufficient, and the price will continue to rise slightly seasonally driven by demand.

China’s freight logistics continues to grow, and the railway sector unblocked the supply chain to ensure the demand for raw materials for production.

CCTV News:With the promotion of key projects in various places, freight logistics continues to grow, and the demand for production materials such as cement, steel and coal is also increasing. The railway department allocates transportation capacity to fully guarantee the demand for material transportation.

Key construction projects in Inner Mongolia Autonomous Region — — At the construction site of the new airport in Hohhot, the main building of the terminal building has entered the sprint stage, and the construction workers are stepping up the construction. At present, the terminal building has entered the construction stage of the main steel structure, and building materials such as concrete and steel are constantly entering the construction site. Zhang Xuedong is the logistics director of the main cement supplier in the construction of the new airport, and ensuring the supply of materials for key projects has always been his most important job.

Zhang Xuedong, Manager of Logistics Department of Inner Mongolia Tianhao Cement Group Co., Ltd.:With the large-scale start of concrete pouring, the monthly (cement) demand has increased by more than 10%, and now more than 2,000 tons of cement are supplied to this project every day.

In order to ensure the smooth construction of the new airport, cement production enterprises and construction units have built special mixing stations, and all vehicles and personnel involved in transportation are subject to closed-loop management. Railway staff timely meet the site demand to ensure the timely and sufficient supply of cement and concrete.

In addition to meeting the supply of materials for the new airport, the demand for materials for engineering projects in various places is also increasing. In the past few days, orders for cement from Beijing, Tianjin and Hebei have increased significantly. Zhang Xuedong is also busier. In order to reduce the risk of epidemic situation and reduce the flow of people brought by logistics, railway transportation has also increased significantly. Every day, Zhang Xuedong has to dock the railway transportation arrangement according to the orders of downstream enterprises.

Zhang Xuedong, Manager of Logistics Department of Inner Mongolia Tianhao Cement Group Co., Ltd.:Our orders have been increasing since April, especially the outbound traffic accounts for 70%. In April, we sent 110,000 tons of cement to the Beijing-Tianjin-Hebei region by railway, and our (transportation) demand is expected to be around 150,000 tons in May. It mainly reduces the epidemic risk of automobile transportation, and it can be loaded today and arrived tomorrow.

In order to ensure the smooth supply chain of materials, the railway freight department of Hohhot has issued a "one-price" preferential policy for the transportation of raw materials such as cement and steel, which has reduced the enterprise by 5%— 30% of the transportation cost. Open up special cement loading and unloading lines and special cargo spaces, make overall arrangements for special vehicles within the overall scope, and provide special tank cement transport trains for cement production enterprises, giving priority to organizing transportation.

Guo Xiaofeng, Deputy Director of Shaliang Logistics Park of Hohhot Bureau of China Railway:According to the characteristics of cement transportation, we allocate loading and unloading machines, and the cement tank can be directly put on the special flat car from the car, and the time for loading and unloading a train of cement is reduced by 3 hours from the past 6 hours.

Inner Mongolia’s coal production accounts for a quarter of the country, and it is also one of the main producing areas of steel, fertilizer and chemical products. Hohhot Bureau of China Railway has optimized the transportation organization, fully tapped the freight capacity of Tangbao, Haoji, Jitong and beijing-baotou railway, and improved the transportation efficiency. The daily average freight volume was 733,000 tons, up 12.7% year-on-year, among which the transportation volume of key materials such as coal, building materials, fertilizers, steel and petrochemical products increased significantly.

Shiping Li, Deputy Section Chief, Marketing Department, Freight Department, China Railway Hohhot Bureau:In response to market demand, we focus on strengthening the transportation of coal, fertilizer, cement, steel and other production raw materials in the three northeastern provinces, Beijing-Tianjin-Tangshan region and Shandong, Henan and other places. Among them, the Tangshan-Baotou line runs more than 30 trains with an average daily output of 10,000 tons of coal.

Central Cloud Health ｜ Summer field training, how to prevent ＂disease from entering the mouth＂

Military field training in summer is affected by high temperature, humidity and sanitary conditions. Once food hygiene management is not strict, bacteria in food will multiply, which will easily cause food poisoning and food-borne diseases, seriously affecting the health of officers and soldiers and the completion of military training tasks.

What food poisoning is easy to happen when troops are stationed in the field? What about the symptoms that can cause the human body? How should we prevent it?

Common food-borne diseases are caused by Salmonella, Staphylococcus aureus, pathogenic Escherichia coli and Vibrio parahaemolyticus, with diarrhea, abdominal pain, vomiting and fever as the main symptoms.

The main causes of the above food poisoning.

1. Poor procurement of food raw materials leads to contaminated food entering the canteen of the training troops;

2. Food stored raw and cooked will lead to cross-contamination;

3. The food is not processed thoroughly, not cooked thoroughly, and the refrigerated food is not heated thoroughly when it is eaten again;

4. Making cold salad under field conditions;

5. Bad hygiene habits of cooking staff: such as irregular hand washing and chaotic use of articles;

6. Disinfection of kitchen utensils is not strictly implemented;

7. There are loopholes in the measures to prevent flies and rats;

8. Individual officers and men privately purchase food, such as food sold by vendors around the training area;

9. The detention system is not strictly implemented, so that the cause of food poisoning cannot be found in time, leading to the spread of the epidemic.

It can be seen from the above that the following points must be done to prevent "illness from entering the mouth" during field training.

First, put an end to unqualified food from the source and ensure good procurement.

1. The canteen purchases raw materials and food through formal channels, and strictly checks the supply qualification and quarantine certificate;

2. It is strictly forbidden to buy livestock meat products and dead livestock and poultry without inspection and quarantine;

3. It is forbidden to buy food from mobile vendors.

Second, raw and cooked separately

1. Strictly implement the system of separating raw and cooked foods, and separate the processing and preservation of raw and cooked foods to avoid cross-contamination;

2. Knife boards for cutting raw food, cooked food and fruits should be well marked, strictly distinguished, placed separately and disinfected strictly; Knives for cutting watermelon and other fruits must be specially used, specially cleaned and disinfected;

3. Hands that have touched raw meat should be washed before getting cooked meat to avoid cross-contamination of raw and cooked food;

4. The raw and cooked foods in the refrigerator and freezer shall be placed separately, and cross contamination is strictly prohibited. The outer packaging (cartons) shall not be placed in the refrigerator and freezer, and the raw and cooked foods shall be kept strictly separated, and the interior shall be clean and free from blood, sewage and ice.

Third, the food is cooked and cooked thoroughly

1. Food should be cooked thoroughly, especially meat, poultry, eggs and seafood;

2. It is forbidden to eat cold dishes. In the field environment, the cooking squad does not have the "five specialties" of the hygienic standard for cold dishes (special room, special disinfection, special knife board, special person and special refrigeration), so it is strictly forbidden for the cooking squad to make edible cold dishes, and even small pickles are recommended to be heated and fried before eating.

Four, safe storage (cold storage) of food

1. Cooked food is best eaten immediately. When it needs to be stored, it should be refrigerated and cooked separately, and eaten as soon as possible;

2. Try to reduce leftovers. If cooked food is kept for more than 2 hours, it should be kept warm and refrigerated at 60°C or around 4-8 C, and it must be thoroughly heated again before eating.

Five, the use of water and food raw materials that meet the hygiene requirements.

1. Water quality monitoring should be carried out in the training area, and bottled water should not be stored for too long;

2. Ensure that the water used for drinking water and cleaning ingredients is clean and hygienic, and the fruits and vegetables should be washed;

3. Choose fresh, clean foods within the shelf life, and don’t eat foods that have exceeded the shelf life and deteriorated.

Six, keep clean.

1. Cooking personnel should have good hygiene habits, no fingernails, no smoking or spitting in the operation room, and thoroughly wash their hands before touching food; It is not suitable to prepare food when there is a suppurative wound in the hand;

2. Strictly disinfect tableware every meal and kitchen utensils frequently; The temperature and time should be guaranteed when using the disinfection cabinet, and the disinfection cabinet should be disinfected by boiling when it fails;

3. Keep the kitchen and dining area clean and hygienic;

4. Special attention should be paid to the processing of aquatic products, and the kitchen utensils, containers, water and pools that have come into contact with aquatic foods should be washed clean after use to avoid polluting other foods.

Seven, strictly implement the food inspection system.

1. Samples of all prepared foods are about 125g in food fresh-keeping bags, and kept in the inspection cabinet for 48h.

Eight, do a good job in pest control.

1. Keep the kitchen and food containers clean and hygienic, and there shall be no sewage accumulation, and the garbage shall be cleared in time to avoid insects, rats and other animals from contacting with food;

2. Anti-fly and anti-mouse facilities must be complete and effective, such as: the anti-fly screen windows of field cooking vehicles, canteens and operating tents are intact and undamaged, and the screen curtains of tent doors should be adhered tightly in time after personnel enter and leave; The rat-sticking board and fly-sticking paper must be within the validity period;

3. The trash can shall be kept clean and the lid shall be intact; Clean the drainage ditch in time to prevent blockage and overflow;

4. The bottom of the tent in the main and non-staple food storeroom should be completely buried, the skirt should be undamaged, the zipper of the tent door should be tightened at ordinary times, and the indoor area should be regularly checked for traces of rodents;

5. Strictly prevent and kill cockroaches, and once cockroaches are found, timely spread cockroach bait; The gap of the cabinet for storing articles can be scalded with boiling water to kill cockroach eggs.

(Author: Hou Chanyuan, Yu Ruimin, wang zheng, Hua Min)

The authoritative release of the theater indicates the source.

Source | central horn

No. | No.1877

Supervision system | Wang Liushun Liu Minxue

Editor | Du Jiang Wang Wei

Editor | Zhao Jianhua

Original title: "Central Cloud Health | Summer Field Training, How to Prevent" Illness from Entering the Mouth ""

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Announcement of the State Council Customs Tariff Commission on Imposing Tariffs on US$ 50 billion imported goods originating in the United States

Xinhua News Agency, Beijing, June 16 (Xinhua) The the State Council Customs Tariff Commission announced on June 16 that it would impose tariffs on 50 billion US dollars of imported goods originating in the United States. The full text is as follows:

On June 15, 2018, the US government issued a list of goods subject to tariffs, which will impose a 25% tariff on about 50 billion US dollars of goods imported from China, of which about 34 billion US dollars will be subject to tariffs from July 6, 2018, and at the same time, about 16 billion US dollars will be subject to public comments. This measure by the United States violates the relevant rules of the World Trade Organization, runs counter to the consensus reached through consultations between China and the United States, seriously infringes on our legitimate rights and interests and threatens the interests of our country and people.

According to People’s Republic of China (PRC)’s Foreign Trade Law, People’s Republic of China (PRC)’s Import and Export Tariff Regulations and other laws and regulations and the basic principles of international law, the State Council Customs Tariff Commission decided to impose a 25% tariff on 659 imported goods of about 50 billion US dollars originating in the United States, of which 545 goods of about 34 billion US dollars will be subject to tariff increase as of July 6, 2018, and the implementation time of tariff increase on other goods will be announced separately. The relevant matters are as follows:

1. For 545 commodities such as agricultural products, automobiles and aquatic products, tariffs will be imposed from July 6, 2018. See Schedule 1 for the specific commodity scope.

Two, for chemicals, medical equipment, energy products and other 114 commodities, the implementation time of tariff increase will be announced separately. See Schedule 2 for the specific commodity scope.

3. For the imported goods listed in Schedules 1 and 2 originating in the United States, a tariff of 25% will be levied on the basis of the current taxation method and the applicable tariff rate, and the current bonded and tax reduction and exemption policies will remain unchanged, and the additional tariffs will not be reduced.

Four, after the imposition of tariffs on import tax calculation formula:

Tariff = payable tariff calculated according to the current applicable tax rate+customs value × additional tariff rate.

Ad valorem fixed rate commodity import link consumption tax = import link consumption tax taxable value × consumption tax proportional rate.

Consumption tax on the import link of goods with fixed quantity = import quantity × consumption tax rate.

Consumption tax on import link of compound taxable goods = consumption tax on import link taxable value × consumption tax proportional rate+import quantity × consumption tax fixed rate.

Taxable value = (customs duty paid price+customs duty) ÷ (1-consumption tax proportional rate) for the consumption tax on the import of goods at ad valorem rate.

Taxable value = (duty paid price+tariff+import quantity × fixed consumption tax rate) ÷ (1-proportional consumption tax rate)

Import value-added tax = import value-added tax taxable value × import value-added tax rate

Import value-added tax taxable value = customs duty paid price+customs duty+import consumption tax.

Schedule 1 List of goods subject to tariffs on the United States and Canada

Schedule 2 List of Goods Imposed Tariff on the United States and Canada II

A doctor says a doctor ｜ I know the flu season in August.

What is influenza?

Influenza is an acute respiratory infection caused by influenza virus. At present, influenza viruses that infect people mainly include H1N1 and H3N2 subtypes of influenza A virus and Victoria and Yamagata strains of influenza B virus.

Influenza virus is highly contagious and mainly spreads through respiratory tract. The main clinical manifestations are fever, headache, fatigue, muscle aches and other discomfort. Most of them are self-limited, but severe cases can be life-threatening

Is influenza the same as the common cold?

Influenza is different from the common cold.

First of all, the pathogens are different. The main pathogens of influenza are influenza A and B viruses, while the pathogens of common cold are respiratory syncytial virus, coxsackie virus, adenovirus and other viruses.

Secondly, the clinical manifestations are different. Patients with influenza have severe systemic symptoms, such as high fever, fatigue, headache, muscle aches and other discomforts, while respiratory symptoms such as cough, runny nose and sneezing are mild, while the common cold is the opposite.

Finally, different treatments, influenza has specific antiviral drugs, while the common cold has no specific antiviral drugs, only symptomatic support.

Does influenza only happen in autumn and winter?

Influenza A in China presents a diversified spatial pattern and seasonal characteristics: the northern provinces present a winter epidemic pattern, and some southern provinces present a single annual peak from April to June every year, while the mid-latitude areas between them present a double-cycle peak from January to February and from June to August every year.

Influenza B is mainly prevalent in winter and spring.

How does influenza spread?

Influenza virus is mainly spread by droplets such as sneezing and coughing. It can also spread in the form of aerosol in a crowded, closed or poorly ventilated room. Indirect transmission can also be caused by contact with articles contaminated by viruses and hands with viruses.

What should I do if I get influenza?

Influenza is an acute respiratory infectious disease. Therefore, patients with mild symptoms should pay attention to home isolation, open windows for ventilation, wash their hands frequently, and wear masks when contacting others.

Get plenty of rest, pay attention to drinking plenty of water, and pay attention to eating foods that are easy to digest and rich in vitamins. If the fever is high, Tylenol, Merrill Lynch and other antipyretic drugs can be treated appropriately.

Influenza is a viral infection, so don’t use antibiotics at will. For patients with severe or short-term progressive aggravation, antiviral treatment should be started as soon as possible (within 48 hours), such as oseltamivir, zanamivir and mabaloxavir.

What is the situation that requires hospitalization?

You need to go to the hospital for treatment as soon as possible in the following situations:

① Persistent high fever > 3 days, accompanied by severe cough, expectoration, bloody sputum, or chest pain;

(2) rapid breathing, dyspnea and cyanosis of the lips;

3 mental changes or convulsions such as unresponsiveness, lethargy and restlessness;

④ Severe vomiting, diarrhea and dehydration;

(5) pneumonia;

⑥ The underlying diseases such as chronic obstructive pulmonary disease, diabetes, chronic cardiac insufficiency, chronic renal insufficiency, liver cirrhosis, etc. are obviously aggravating.

Which patients are prone to severe manifestations?

For the following people, it is necessary to closely observe the changes of the disease and seek medical advice as soon as possible:

① Children under 5 years old (children under 2 years old are more likely to have serious complications);

② Older people over 65 years old;

③ People with the following basic diseases: chronic respiratory diseases, cardiovascular diseases, chronic kidney diseases, chronic liver diseases, blood system diseases, nervous system diseases, metabolic and endocrine system diseases, malignant tumors, people with immunosuppression, etc.

④ Obese people: Body mass index (BMI＝ = weight/height 2) > 30;

⑤ Pregnant and perinatal women.

What measures can be taken to prevent influenza?

Vaccination: Vaccination is the most effective means to prevent influenza. It is recommended that the elderly over 60 years old, children aged 6 months to 5 years old, pregnant women and patients with chronic diseases should be given priority in influenza vaccination.

Drug prevention: For high-risk people who are prone to develop severe influenza, it is recommended to take drug prevention within 48 hours after exposure, such as oseltamivir, zanamivir and mabaloxavir.

Maintain good personal hygiene habits, such as washing hands frequently, opening windows frequently to ventilate, keeping the environment clean and tidy, and avoiding covering your mouth and nose with hands or paper towels when coughing or sneezing in crowded places during the flu season.

Authors: Department of Infectious Diseases, Shanghai Ninth People’s Hospital

Attending physician Yin Donglin Chief physician Xu Jie

The original text was published in Shanghai Science and Technology News.

Original title: "A doctor says a doctor | The" Eight "Know of Influenza Season"

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Online celebrity anchor became a live broadcast platform to compete for the object, causing liquidated damages and other issues

　　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