分类： hanzhen

The National Mine Safety Supervision Bureau launched the ＂Big Ups and Downs＂ campaign to conceal accidents in mines.

　　Core reading

　　In view of the recent accidents concealed in Jingcheng Iron Mine in Xinzhou, Shanxi Province and Honglin Coal Mine in Fuxin, Liaoning Province, the State Administration of Mine Safety is carrying out the "big start and bottom" action of mine accidents concealed, urging all localities to reorganize the mine accident reports received by the system and the accident reports assigned by the State Administration of Mine Safety since 2000, and re-check any unclear ones.

　　□ Rule of Law Daily reporter Cai Yanhong

　　Focus on major hidden dangers and focus on promoting comprehensive improvement of mine safety production; Adhere to the "inspection of enterprises" and "supervision of government", and tighten the responsibility for safe production; Adhere to the problem orientation and strive to improve the quality and efficiency of supervision and law enforcement … … Since the beginning of this year, the State Administration of Mine Safety has adhered to overall development and safety in accordance with the requirements of the decision-making and deployment of the CPC Central Committee and the State Council, focused on preventing and containing serious accidents, strengthened measures and measures, paid close attention to implementation, and made solid efforts in all aspects of mine safety production.

　　Recently, the State Administration of Mine Safety informed that in view of the recent accidents concealed in Jingcheng Iron Mine in Xinzhou, Shanxi Province and Honglin Coal Mine in Fuxin, Liaoning Province, the "big start and bottom" action of mine accidents concealed is being carried out in depth, and all localities are urged to reorganize the mine accident reports received by the system in their jurisdictions since 2000 and the accident reports assigned by the State Administration of Mine Safety, and re-check any unclear ones.

　　Promote the comprehensive improvement of mine safety production

　　According to Liu Tao, the second inspector of the Comprehensive Department of the State Administration of Mine Safety, this year, the bureau focused on major hidden dangers and made efforts to promote the comprehensive improvement of mine safety production. Fully implement the deployment arrangement of the State Council Safety Committee, and focus on the goal of "controlling major risks, eliminating major hidden dangers, managing major disasters and preventing major accidents", carefully deploy and promote the comprehensive rectification of all production, construction and rectification mines in China, the special investigation and rectification of major accidents and the special rectification of open-pit mines.

　　Adhere to the "inspection of enterprises" and "supervision of government" and focus on tightening and compacting the responsibility for safe production. Adhere to the responsibility, responsibility and responsibility of guarding the land, conscientiously perform the core functions of state supervision, improve the mode and method of "supervising government", promote the inspection of enterprises to supervise government, promote and accept each other, consolidate the leadership responsibility of local party committees and governments, the supervision responsibility of departments and the main responsibility of enterprises, and establish the authority of national mine safety supervision.

　　Adhere to prevention in advance and focus on preventing and resolving major security risks. Adhere to safety first, prevention first, strengthen bottom line thinking and extreme thinking, focus on promoting the transformation of mine safety governance model to prevention beforehand, pay close attention to the "three major events" of source governance, monitoring and early warning, and emergency evacuation, effectively prevent and resolve major safety risks, and resolutely curb the occurrence of serious accidents.

　　Adhere to the problem orientation and strive to improve the quality and efficiency of supervision and law enforcement. Adhere to the concept of comprehensive requirements, strict tone and governance to promote supervision, supervision and law enforcement, focus on solving the problem of "looseness and weakness" in law enforcement, tighten the cage of the system, innovate ways and means, make good use of accountability means, effectively improve the quality of hidden danger investigation and rectification, and effectively improve the strong will and ability to find and solve problems.

　　Since the beginning of this year, the situation of mine safety production in China has been generally stable. The number of mine accidents has decreased by 13% year-on-year, and the total number of non-coal mine accidents has continued to decline. However, coal mine accidents have rebounded, and the largest open-pit coal mine accident occurred in Inner Mongolia since the founding of New China.

　　Liu Tao said that in the next step, the State Administration of Mine Safety will take quantitative assessment as the starting point, take the containment of serious accidents as the final inspection standard, and accelerate the construction of a closed, dynamic and hierarchical control system for the whole process of "source management, process control, emergency disposal, investigation and handling" of mine safety risks, effectively identify, control, evade and eliminate potential risks, and resolutely prevent and contain serious accidents.

　　Establish and improve the investigation mechanism for concealed accidents.

　　Recently, accidents were concealed in Jingcheng Iron Mine in Xinzhou, Shanxi Province and Honglin Coal Mine in Fuxin, Liaoning Province, which aroused public concern.

　　According to Ding Baichuan, deputy director of the Accident Investigation and Statistics Department of the State Administration of Mine Safety, after receiving the information of accident concealment, the emergency management department and the State Administration of Mine Safety sent supervision teams to Shanxi and Liaoning respectively to supervise and guide the investigation and handling of accident concealment. Shanxi Province has set up a provincial investigation team headed by the Standing Committee of the Provincial Party Committee and the Executive Vice Governor, with the Deputy Governor and the Director of the Provincial Public Security Department as the deputy heads, to investigate and deal with the series of concealed incidents of Jingcheng Mining. The Supervision Committee of the Shanxi Provincial Commission for Discipline Inspection has set up a special work class to carry out work simultaneously. An accident investigation team headed by the Standing Committee of the Provincial Party Committee and the Executive Vice Governor was set up in Liaoning Province to organize accident investigation. The Liaoning Provincial Public Security Department set up a task force to investigate and deal with hidden accidents, and the Provincial Commission for Discipline Inspection and Supervision set up a responsibility investigation team to work simultaneously.

　　Recently, Jingcheng mining accident concealed incident has been dealt with. Shanxi Provincial Joint Investigation Team reported that it was found that Jingcheng Mining reported 40 production safety accidents and 43 miners died in the past 20 years. At present, the public security organs have taken criminal compulsory measures against 28 suspects in accordance with the law, and the discipline inspection and supervision organs have filed investigations on 16 public officials suspected of serious violations of the law and taken lien measures.

　　"The State Administration of Mine Safety will continue to supervise Shanxi Province and Liaoning Province to complete iron cases, thoroughly investigate and report accidents, seriously pursue accountability according to laws and regulations, and announce the investigation and handling to the public." Ding Baichuan bluntly said that in response to the concealment of mine accidents, the State Administration of Mine Safety has carried out an in-depth campaign to conceal mine accidents, urging all localities to sort out the mine accident reports received by the system in their respective jurisdictions since 2000 and the accident reports assigned by the State Administration of Mine Safety, and re-check those that are unclear.

　　At the same time, the deep-seated reasons behind mine accidents are carefully studied, and suggestions for improvement are put forward from the aspects of standardized law enforcement, accurate accountability and scientific assessment. Establish and improve the working mechanism related to the investigation and handling of concealed accidents, and work together with relevant departments to accurately crack down on concealed accidents. Accelerate the investigation and handling of concealed accidents, deal with the units and personnel involved severely and quickly, announce the results of investigation and handling, and accept social supervision; Organize the production of typical accident warning education films and carry out warning education. Further unblock the channels for concealing and reporting mine accidents, increase the incentives for reporting, and fully mobilize the enthusiasm of insiders such as miners and their families and families of victims.

　　Shoulder the national supervision responsibility of mine safety

　　The supervision system of mine safety in China is "national supervision, local supervision and enterprise responsibility".

　　Li Chunmin, deputy director of the non-coal mine safety supervision department of the State Mine Safety Supervision Bureau, said that in the first half of this year, the provincial bureaus of the Bureau strictly performed their duties of supervision, effectively strengthened their supervision, and monitored the municipal and county governments and their relevant departments for more than 2,000 times, completed the annual supervision plan for local governments in the first half of this year, put forward more than 600 proposals for strengthening and improving the safety supervision of non-coal mines, and found more than 4,000 problems in mine safety production of local governments and their relevant departments.

　　On July 18th, the State Administration of Mine Safety formulated and issued the Opinions on Further Strengthening and Improving the Supervision and Inspection of Mine Safety Supervision of Local Governments, which clarified 13 main contents of supervision and inspection of local governments and their relevant departments by mine safety supervision institutions, and required provincial bureaus to take local governments as the key contents of supervision and inspection, "severely crack down on illegal acts of late reporting, omission and false reporting of accidents, and strictly investigate the accident responsibilities of relevant personnel", and continue to push local governments and their relevant departments to implement mine safety supervision responsibilities and promote the transformation of mine safety governance model to prevention in advance.

　　The State Administration of Mine Safety will further strengthen the supervision and inspection of local governments’ mine safety supervision, constantly improve the quantitative evaluation system of supervision and supervision, promote local governments and their relevant departments to clarify their responsibilities, know their responsibilities and perform their duties, and resolutely shoulder the responsibility of national supervision of mine safety to ensure that the mine safety production situation continues to improve steadily.

　　It is effective to promote the investigation and rectification in various places

　　The reporter learned that since the beginning of this year, the State Administration of Mine Safety has deployed and carried out the 2023 action of special investigation and rectification of major accident hidden dangers and the comprehensive rectification of mine safety production in mines across the country, focusing on the goals of controlling major risks, eliminating major hidden dangers, controlling major disasters and preventing major accidents. Focus on nine special rectifications, such as major disaster management in mines, open-pit mines, open-pit mining, underground mining, illegal hot work and other dangerous operations, trackless transport vehicles in underground mines, safety management of outsourced and rented projects and tailings ponds, and comprehensively urge mining enterprises to carry out self-inspection and self-correction of hidden dangers, carry out law enforcement inspections and supervision and spot checks on key mines, and urge them through regular analysis and issuing letters of suggestions for rectification of major accident hidden dangers to the people’s governments of provinces (autonomous regions and municipalities).

　　Li Dasheng, the mine safety supervisor of the State Mine Safety Supervision Bureau, further introduced that in terms of coal mines, all the 3,110 coal mines included in the rectification scope have completed the self-inspection and self-improvement of hidden dangers, found more than 213,000 hidden dangers, including 1,817 major accidents, and formulated 98,000 safety risk control measures; The superior company of coal mine inspected the full coverage of its coal mine and found 119,000 hidden problems. Through the self-examination and self-correction of the safety production responsibilities of all coal mine staff, 22,000 problems were found and 21,000 safety production responsibility lists of the responsible persons in charge were formulated; More than 1.353 million coal mine employees were trained in safety, 195 "five-post mine managers" were cleared, and 410 safety management and professional and technical personnel were retired; Organized 6074 emergency drills with more than 407,000 participants.

　　In addition, more than 15,000 non-coal mines in China have completed self-inspection and self-modification, achieving full coverage of all normal production and construction mines, and nearly 100,000 hidden dangers have been self-inspected and more than 2,000 major hidden dangers have been discovered. Local regulatory authorities have inspected nearly 30,000 non-coal mines, found more than 80,000 hidden dangers, including nearly 2,000 major hidden dangers, and ordered them to stop production and rectify more than 500 non-coal mines. The provincial bureaus of the State Administration of Mine Safety have monitored local governments and their relevant departments for nearly 2,500 times, found more than 3,800 problems, issued nearly 500 safety supervision proposals, and randomly selected nearly 2,500 non-coal mines, and found nearly 20,000 hidden dangers, including more than 1,700 major hidden dangers, which prompted local mine safety supervision departments to impose administrative penalties for 448 times and ordered them to stop production and construction and rectify 234 mines.

Vanke is in trouble again!

According to China Real Estate News, recently, a statement by Pengjin Institute on delaying payment caused Vanke to fall into a storm again.

On July 1, Pengjin’s parent company, Shenzhen Pengding Chuangying Financial Information Service Co., Ltd. (referred to as "Pengding Chuangying") issued a statement saying that it provided services for multi-phase equity income investment products, and due to market factors, the investment projects could not be repaid as planned, resulting in delayed payment of some products.

The statement did not disclose the specific information of deferred payment products. However, according to feedback from many investors on social platforms, there are dozens of overdue products, including Huijiaxing, Hongcheng, Jiacheng and Beiping. One of the major reasons for the delay in payment of Pengjin’s products comes from the common identity of many investors-former employees or current employees of Vanke.

"Adhering to the principle of maximizing the interests of customers, the company is making every effort to formulate special plans with relevant parties, actively promoting fund-raising to ensure the interests of customers, and the current situation is controllable. We know that your financial security and interests are the top priority of our service, and we promise to actively promote the resolution of the incident in a highly responsible manner. " Pengding Chuangying said in the statement.

"We are not pursuing high interest rates. Last year, when we deposited money in the bank, we could have a 4% yield. We only deposited money in Pengjin with a 5% yield based on our trust in Vanke. With the expansion of the influence of the incident, many departments intervened. Pengjin promised to give a solution these days, and we are willing to wait. " An investor said.

Redemption crisis

Pengjin Institute, the full name of Shenzhen Pengjin Institute Internet Financial Services Co., Ltd., is an internet financial platform jointly built by Vanke and a number of listed companies; It is also a wholly-owned subsidiary of Pengding Chuangying.

"Many Vanke employees have purchased Pengjin products, ranging from four or five million yuan to three or four hundred thousand yuan." An investor quoted the account manager as saying that since March this year, more than a dozen products of Pengjin have been thundered, involving an amount of about 700 million yuan to 800 million yuan. Pengjin’s investment platform has provided a liquidity commitment letter, but it has not fulfilled its liquidity support obligations as promised.

A former Vanke employee wrote on the Internet platform: "Last year, I bought (Pengjin Institute) financial products, 200,000 yuan, with a one-year annual interest of 5.2%. It should have been paid in May this year. On the day of maturity, I directly informed that I was financially nervous and could not pay, so I had to postpone it."

Another important factor that this incident caused concern was the connection between Pengding Chuangying and Vanke.

According to the enterprise investigation information, Pengding Chuangying has 28 shareholders, among which Shenzhen Vanke Financial Consulting Company (a wholly-owned subsidiary of Vanke) holds 20.0669% of Pengding Chuangying’s shares. Guo Changyu, the legal representative of Pengding Chuangying, once served as the director of Shenyang Vanke Yongda Real Estate Development Co., Ltd. Although the company has been cancelled, Guo Changyu is still a member of Vanke Group. In addition, Zhu Jiusheng, President of Vanke Group, served as Chairman and General Manager of Pengding Chuangying from September 2016 to February 2018. All this information shows the connection between the two.

However, the reporter learned from a person close to this matter that Vanke only holds 20% of Pengding Chuangying’s shares, which did not reach the holding line. It is not a controlling shareholder, but only entered as a strategic investor. There are not many Vanke employees who buy Pengjin’s related wealth management products, and the amount is limited, and it is voluntary, not mandatory; Related wealth management products are not only for Vanke employees, but also for others. In fact, in recent years, the market situation is not good, and few Vanke employees buy this product. Moreover, Pengjin’s overdue product does not involve Vanke’s standard debt default.

According to the Company Law, the controlling shareholder refers to the shareholder whose capital contribution accounts for more than 150% of the total capital of the company or whose shares account for more than 50%; Shareholders whose capital contribution or shareholding ratio is less than 50%, but whose voting rights are sufficient to have a significant impact on the resolutions of the shareholders’ meeting.

Wu Xindong, a partner of deheng law offices, said that according to this regulation, the largest shareholder is not necessarily the controlling shareholder, depending on whether the shareholding ratio exceeds 50% or whether other arrangements have a significant impact on the resolution of the shareholders’ meeting. Shenzhen Vanke Financial Consulting Co., Ltd. holds 20% equity of Pengding Chuangying, and is not the controlling shareholder from the perspective of equity structure. According to the Company Law, generally speaking, shareholders are only limited to the amount of capital contribution, so Vanke, as an indirect shareholder in law, has no legal obligation to pay.

Vanke is involved.

However, Vanke is still pushed to the forefront.

According to the data, Pengding Chuangying was established in June 2014 with a registered capital of 527.78 million yuan. The lead unit is Shenzhen Gaoxintou Venture Capital Co., Ltd., a subsidiary of Shenzhen Gaoxintou Group Co., Ltd., and its shareholders include Shenzhen Gaoxintou Venture Capital Co., Ltd., as well as 22 domestic and foreign listed companies such as Tianyuan Dike, Wal-Mart Nuclear Materials, Kelu Electronics, Hainengda and xing sen technology, and the enterprises controlled by the actual controllers of listed companies. 22 listed companies each hold 3.79%, accounting for 83.38% of Pengding Chuangying’s total share capital.

Due to its strong shareholder background and the advantages of resource integration among shareholders, Pengjin Institute was once praised by the media as the "aircraft carrier" of Internet finance. Pengding Chuangying profile wrote that Pengjin Institute is committed to guiding private funds to support the development of the real economy, broadening financing channels for small and micro enterprises, helping small and micro enterprises solve financing difficulties, and providing investors with a safe return on investment.

Vanke’s shareholding in Pengjin Institute began in 2016, when Internet finance was booming, and many developers built their own real estate financial platforms. In August 2016, Pengding Chuangying completed the capital increase and share expansion, and Vanke made a strategic investment of about 300 million yuan to become the largest shareholder.

Also in September 2016, Zhu Jiusheng, who resigned as vice president of Vanke, became the chairman and general manager of Pengding Chuangying. According to reports, after Zhu Jiusheng entered the company, Pengjin Institute launched the "Pengjinxin" real estate and investment and loan project in early 2017. Most of the borrowers were employees of Vanke, and the funds were earmarked for "follow-up investment in real estate development projects of their enterprises".

According to reports, on November 28, 2017, Zhu Jiusheng made his last public appearance as the chairman of Pengding Chuangying. At the launching ceremony of "Caizhu", a building materials B2B third-party procurement trading platform jointly initiated by Vanke, Zhongcheng Investment, Zhongtian Group and Zhonghe Ruimin, he said that the balance sheet space of real estate developers, suppliers and general contractors is limited. With such a platform, there will be new supply chain thinking and securitization thinking, which will allow commercial credit to flow in society through the platform and exceed the limit of its own balance sheet.

After Vanke entered the company, Pengjin Institute played a great role in financing Vanke’s projects. However, with the sharp decline of the industry situation, the once brilliant Pengjin Institute is also facing a redemption crisis.

In fact, since the second half of 2017, a large number of products related to real estate have begun to appear overdue, including products of Evergrande Fortune and Zhongzhi Department. Because the underlying assets of many financial P2P trusts are real estate, it leads to a chain reaction.

Now it seems that Pengjin’s strong shareholder background is not reliable.

On July 3, according to the documents disclosed by the Hong Kong Stock Exchange, BlackRock’s long position in Vanke’s H shares decreased from 5.05% to 4.68% on June 28. As a leading asset management company in the world, BlackRock’s position changes may attract market attention.

Original title: Vanke, caught in the storm again!

The first domestic CAR

Economic Observer Network reporter Qu Yixian After a long period of downturn, China’s innovative medicine industry has received a shot in the arm. On March 1st, 2022, CAR-T therapy of legendary creatures was officially approved by the US Food and Drug Administration (FDA) for the treatment of patients with relapsed/refractory multiple myeloma (r/r MM). This is the first domestic CAR-T cell therapy approved by FDA.

The approved CAR-T therapy is called Cilta-cel, which targets BCMA and is the second CAR-T therapy targeting BCMA in the American market. On the topic of domestic innovative drug "going out to sea", it is a sample-as early as 2017, it signed a global exclusive license and cooperation agreement with Johnson＆Johnson to jointly develop and commercialize this product.

Huang Ying, CEO and CFO of Legendary Bio, revealed that the price of Cedarchiorense in the United States is $465,000. This pricing strategy is because the pricing range of several CAR-T products that have been listed in the American market is $400,000-$470,000, and the price of the first CAR-T product with the same target is $419,500. "The premium of about 11% is a very reasonable premium, based on our differences in clinical efficacy."

According to the agreement signed at that time, in Greater China, Johnson & Johnson and Legend Bio will share the costs and benefits in a ratio of 3: 7; In other parts of the world, the agreed ratio is 5: 5.

Huang Ying said that in response to the commercialization of Cedakio Orense in the United States, Legendary Biology has recruited its own sales team in the past 6-9 months, responsible for 75-80% of large hospitals and clinics in the United States; Johnson & Johnson has a relatively large tumor sales team serving the community, and will recommend Cedactylosin to 5,500 hematology oncology specialists in the United States, hoping that these specialists can introduce patients to large local diagnosis and treatment centers and hospitals for treatment with Cedactylosin. At the same time, Johnson & Johnson will also set up a relatively small and specialized product team to promote this product to large hospitals and diagnosis and treatment centers.

Behind the first CAR-T

Sida Chiolense has attracted much attention in the research and development stage.

ASCO, the American Society of Clinical Oncology, is a great event in the medical field every year, and many heavy new drugs choose to publish the latest research data on ASCO. On the last day of ASCO in 2017, the legendary creature announced the early data of the self-developed CAR-T product LCAR-B38M (R&D code of Sida Giorense) to the pharmaceutical industry peers and experts around the world.

According to the report of Zhao Wanhong, the research organizer and deputy director of the Department of Hematology, the Second Affiliated Hospital of Xi ‘an Jiaotong University, among the 35 patients with recurrent multiple myeloma who were treated by CART, 33 (94%) got clinical remission 2 months after treatment, and the objective remission rate was 100%.

In addition, among the 19 patients who received treatment at the earliest time, 14 patients achieved strict complete remission, 1 patient achieved partial remission, and 4 patients achieved excellent partial remission. The earliest patients who received treatment have lived for more than one year, and they have reached the living state of healthy people.

It’s not imitation, nor improvement, but the exploration and innovation of a China enterprise in the "no man’s land", so when the data of Xidajiaolun match came out, everyone was surprised.

Fan Xiaohu, chief scientific officer of Legendary Biology, recalled that at that time, "it attracted global attention and (Legendary Biology) became the dark horse of China", and many people in the industry gave him feedback, and many start-ups after 2017 were encouraged.

Followed by a number of international pharmaceutical companies seeking business cooperation, after repeated communication and back tone, Legend finally joined hands with Johnson & Johnson.

In December, 2017, Legendary Bio signed an exclusive global license and cooperation agreement with Johnson & Johnson to jointly develop and commercialize Cedarchiorense. Johnson & Johnson paid Legendary Bio a down payment of $350 million and subsequent milestone payments.

By today’s standards, the down payment of $350 million is not high, but at that time, it was the best condition for China pharmaceutical companies to record the largest amount of down payment for foreign patent authorization and cooperation.

Regarding the cooperation between the two parties, Huang Ying said that Legend’s cooperation with Johnson & Johnson has strengthened the legendary creature’s ability in the process of R&D and registration of Sida Chiolense. From early R&D to late R&D, including clinical, commercial production, GMP production, compliance registration and other processes, the legendary creature’s team actively participated in the whole process, and also cultivated their own ability in the process of learning from Johnson & Johnson.

However, this cooperation model also has shortcomings, "the whole cycle is very long and the investment is very, very large", because Legend’s investment in the American market is as 50-50 as Johnson & Johnson’s, which is a relatively large financial burden for legendary creatures of innovative pharmaceutical companies.

multiple myeloma

Cedactylorense is a chimeric antigen receptor (CAR) T-cell immunotherapy with two single-domain antibodies targeting B-cell mature antigen (BCMA), which is administered by one-time infusion.

Cedactylorense has been approved by FDA to treat patients with relapsed or refractory multiple myeloma, who have received four or more treatments in the past, including proteasome inhibitors, immunomodulators and anti-CD38 monoclonal antibodies.

Multiple myeloma is considered as an incurable hematological tumor, and it is a malignant disease caused by excessive proliferation of plasma cells in bone marrow. Most patients relapse after initial treatment, and the prognosis is not good after receiving the main drugs such as immunomodulator, proteasome inhibitor and anti-CD38 antibody.

According to the American Cancer Society, in 2022, more than 34,000 people in the United States will be diagnosed with multiple myeloma, and more than 12,000 people will die.

Sundar Jagannath, a professor of hematology oncology at Mount Sinai Medical College and a principal investigator of CARTITUTE-1, said that the treatment process of most patients with multiple myeloma is a cycle of continuous remission and recurrence, and only a few patients get deep remission after last-line treatment. "That’s why I am very excited about the results of CARTITUDE-1 study, which shows that Sidakiorense can provide deep and lasting remission and long-term no treatment even after multi-line treatment.

The approval of Sida Chiolense is not based on the data reported in ASCO in the United States in 2017, but on the key data of a CARTITUDE-1 study. CARTITUDE-1 is an ongoing phase 1b/2, open-label, one-arm, multi-center study, with 100% patients from the United States.

In CARTITUDE-1 study, 97 patients with R/R MM experienced deep and lasting remission, with an overall remission rate (ORR) of 98% and a strict complete response (sCR) of 78%. During the median follow-up of 18 months, the median remission duration (DOR) was 21.8 months.

The incidence of multiple myeloma in China is 2-3 patients per 100,000 people. Although it is lower than that of Caucasian and African people, there are considerable unmet clinical needs because of its large base.

Regarding the listing of this product in China, according to the latest communication between Legend Bio and National Medical Products Administration Drug Evaluation Center (CDE), some patients need to be re-enrolled in clinical trials. Huang Ying said that she would keep in touch with CDE during this period.

Enlightenment of "going out to sea"

The research and development cost of innovative drugs is extremely high, and with the implementation of policies such as domestic centralized procurement and medical insurance negotiation, it is almost impossible to recover the research and development cost in a short period of time after the innovative drugs are listed. Under the circumstance that the cost cannot be covered by a single market, it has become an industry consensus to "go out to sea" and develop the international market.

Compared with biopharmaceuticals, the R&D and production of CAR-T are more complicated. The "Going to Sea" of Sidaji Orense is another innovative drug listed in the United States after Zebutini of Baekje Shenzhou.

But before that, in February, Cinda Bio’s PD-1 product Cindilizumab had just been defeated in the United States. In view of the passing of cindilizumab, FDA experts mainly pay attention to three issues: first, whether the control group selected in clinical trials is reasonable; Second, the clinical trial is only done in China population, is it applicable to American patients? Thirdly, it mainly studies whether the design of the terminal is reasonable.

In Huang Ying’s view, since China joined ICH, the regulatory standards of National Medical Products Administration, China are basically the same as those of FDA, focusing on efficacy and product safety evaluation. "There is not much difference between FDA and CDE standards. There may be slight differences in the number of patients enrolled, the length of follow-up, GMP, production process, quality control and other issues, but for a new drug, efficacy and safety are the gold standards."

However, Huang Ying also believes that for enterprises, there are also places that need special attention, such as whether the experimental population can represent the situation of American patients in the real world when doing clinical trials. In the United States, the Asian population is about 5%. It is difficult to apply for approval with the data of 100% Asian population or Chinese.

One more thing, does the control group designed in clinical trials use placebo or the best treatment standard already available in the market? "CDE has also issued guidelines. Even if you do clinical trials in China in the future, you can’t just use placebos, but you need to use the best standard drugs in the industry as the control standard." Huang Ying said.

Fan Xiaohu, on the other hand, thinks that biomedical enterprises in China should not worry about policy vacillation and payment all day long, or whether the door of the FDA in the United States will be closed. "These don’t need to be overly worried and interpreted, but (what is needed) do their own thing well and do scientific and technological innovation well."

Reporting/feedback

Sichuan Emergency Department sent a working group to the epicenter to guide the earthquake relief work after the 4.8-magnitude earthquake in Hanyuan, Ya ‘an.

　　"Sichuan Emergency" WeChat WeChat official account News, according to China Seismological Network, at 8: 36 on May 20, 2022, a 4.8-magnitude earthquake occurred near Hanyuan County, Ya ‘an City, Sichuan Province (29.67 degrees north latitude and 102.48 degrees east longitude) with a focal depth of 20 kilometers.

　　After the earthquake, the emergency management department immediately dispatched Ya ‘an City, Hanyuan County and Yingjing County by video, and sent a working group led by the leaders of the department to the epicenter to guide the earthquake relief work. The Provincial Fire and Rescue Corps immediately dispatched 15 people and 3 vehicles from 3 forward teams of Ya ‘an detachment to the epicenter to verify the disaster situation, and 60 people from the Ya ‘an detachment earthquake rescue team immediately rushed to the epicenter to carry out rescue, while 660 people from 8 detachments (3 heavy earthquake rescue teams and 5 light earthquake rescue teams) including Chengdu, Leshan, Meishan, Ganzi, Liangshan, Deyang, Mianyang and Ziyang were assembled for standby. Before the provincial forest fire brigade, 150 people and 23 vehicles with the special service brigade were assembled and ready for dispatch at any time.

　　As of 9: 10 on May 20, no information about casualties and house collapse has been received.

Provide a strong impetus for building a new development pattern

　　Deepening reform in an all-round way and building a new development pattern are closely related. Based on the new development stage, we should deeply understand the requirements of building a new development pattern from the perspective of reform, continue to make full use of the key measure of reform, play a key role in comprehensively deepening reform, and provide a strong impetus for building a new development pattern.

　　Building a new development pattern is a systematic and deep-seated change that concerns the overall situation.

　　General Secretary of the Supreme Leader emphasized that building a new development pattern "is a systemic and deep-seated change that concerns the overall situation". "It is related to the overall situation" means that this change involves a wide range, a wide field, has great influence, and has an overall strategic position; "Systematization" means that this reform is a systematic project with overall structural characteristics; "Deep-seated" means that this change does not touch the general and shallow institutional obstacles, but faces severe and complicated risk challenges from internal interest pattern adjustment and external. We should scientifically understand and grasp these characteristics of building a new development pattern, strengthen the overall vision, system concept and risk awareness, and pay attention to forward-looking planning and coordinated promotion.

　　Strengthen the global vision. Planning and promoting the construction of a new development pattern depends on whether it meets the needs of overall development and whether it is conducive to the smooth circulation of the country. It is necessary to implement the central decision-making arrangements for benchmarking, pay attention to planning a domain from the overall situation, serve the overall situation with a domain, and link the construction of a new development pattern with the implementation of the national regional coordinated development strategy and the construction of a free trade pilot zone, so as to strategically arrange the situation and fall in the key areas. Urban agglomerations, metropolitan areas and central cities should give full play to their respective comparative advantages, realize their own development in obedience to the overall situation of service, and strive to create an important growth pole and a new power source for high-quality development.

　　Strengthen the concept of system. Building a new development pattern involves a wide range of aspects. It is necessary to plan reforms from the whole process of economic cycle, the whole chain of industrial cultivation and the whole cycle of enterprise development, strengthen the coordination and linkage of reforms, and amplify the comprehensive effects of reforms. It is necessary to combine top-level design with grass-roots exploration, grasp the timing and rhythm of reform, and promote the coordination of various reform measures in policy orientation, mutual promotion in the implementation process, and complement each other in practical results.

　　Strengthen risk awareness. From the internal and external environment, the construction of a new development pattern faces not only the risk challenges such as the deterioration of the trade environment, but also the deep-seated problems such as cracking the key technology of "blocking the neck" and breaking down the institutional and institutional obstacles. It is necessary to coordinate development and safety, pay attention to preventing and resolving risks from the source, and strengthen investigation, scientific demonstration and risk assessment of major decisions; We should not only be alert to the "black swan" incident, but also guard against the "grey rhinoceros" incident, not only fight a prepared battle against risks, but also fight a strategic initiative battle to turn crises into opportunities, thus providing a guarantee for building a new development pattern.

　　To play the key role of reform, we should grasp several pairs of relationships as a whole.

　　To give full play to the key role of comprehensively deepening reform in building a new development pattern, it is necessary to closely combine planning reform with the requirements of building a new development pattern, make overall plans to grasp the relationship between the market and the government, supply and demand, domestic demand and external demand, and pay attention to the systematic integration, synergy and efficiency of reform measures.

　　Grasp the relationship between effective market and promising government. To build a new development pattern, the role of "invisible hand" and "tangible hand" is indispensable, and it is necessary to promote a better combination of effective market and promising government. It is necessary to improve the system and mechanism in which the market plays a decisive role in resource allocation, accelerate the construction of a high-level socialist market economic system, and stimulate the vitality of various market players. At the same time, further intensify the "streamline administration, delegate power, strengthen regulation and improve services" reform to ensure the orderly, standardized and healthy operation of the market.

　　Grasp the relationship between supply side and demand side. To build a new development pattern, we must work together from both sides of supply and demand. It is necessary to adhere to the strategic direction of supply-side structural reform, twist the strategic base point of expanding domestic demand, run through all links of production, distribution, circulation and consumption, break through blocking points and linking breakpoints, accelerate the formation of a higher level dynamic balance between demand pulling supply and supply creating demand, and comprehensively improve the overall efficiency of the national economic system.

　　Grasp the relationship between domestic demand and external demand. The construction of a new development pattern emphasizes the domestic big cycle as the main body, but it is not closed to operate behind closed doors. We should actively promote the coordinated development of domestic demand and external demand, make better use of both domestic and international markets and resources, not only accelerate the release of domestic demand potential, give play to the advantages of super-large-scale domestic market, and form a strong domestic economic circulation system and a stable basic disk; We will resolutely break down the obstacles that affect and restrict the effective and smooth flow of the domestic market and the international market, attract global factor resources with a strong domestic cycle, and shape China’s new advantages in participating in international cooperation and competition.

　　Twist the goal and task of building a new development pattern and carry out precise reform

　　To promote various reforms to focus on the formation of a new development pattern, we must seize the goal and task of building a new development pattern and introduce reform plans more accurately.

　　Focus on achieving a high level of self-reliance and deepening reform. The most essential feature of building a new development pattern is to achieve a high level of self-reliance. We must unswervingly implement the innovation-driven development strategy, give full play to the advantages of the new national system, strengthen basic research and applied basic research, lay a solid battle for key core technologies, and overcome the "stuck neck" technology in important fields; Promote the systematization and assimilation of the layout of scientific and technological innovation forces, the allocation of elements and the construction of talent teams, and support the construction of international and regional scientific and technological innovation centers in qualified places; Deepen the reform of science and technology system and mechanism, optimize the national science and technology planning system and operation mechanism, improve the organization and management mode of science and technology projects, innovate the transformation mechanism of scientific and technological achievements, enhance the technological innovation ability of enterprises, and open up Industry-University-Research innovation chain, industrial chain and value chain; We will improve the evaluation system of scientific and technological talents oriented to innovation ability, quality, effectiveness and contribution, improve and implement basic systems such as scientific research fund management, scientific research evaluation, scientific and technological ethics, and style of study, so as to fully stimulate the innovation vitality of talents.

　　Focus on smooth economic circulation and deepen reform. The unimpeded economic cycle is the key to building a new development pattern. It is necessary to speed up the development of the modern industrial system, put the high-quality development of manufacturing industry in a more prominent position, focus on the transformation and upgrading of traditional industries on the one hand and the cultivation and growth of strategic emerging industries on the other, make overall plans to promote the filling of short boards and forging long boards, promote the deep integration of the digital economy and the real economy, promote the optimization and upgrading of the industrial chain supply chain, enhance the independent and controllable ability of the industrial chain supply chain, and accelerate the formation of a modern industrial system with stronger innovation, higher added value, and safer and more reliable; Vigorously build a modern circulation system, promote the hardware and software construction of the modern circulation system as a whole, build a modern comprehensive transportation system, and accelerate the formation of a safe and efficient logistics network with internal and external connectivity; We will continue to deepen the reform of market-oriented allocation of factors, improve the market-oriented allocation mechanism of land, capital, labor, data, knowledge and technology, speed up the removal of institutional and institutional obstacles that hinder the free flow of factors, and better improve the production efficiency and benefits of various sectors of the national economy.

　　Focus on cultivating a complete domestic demand system and deepen reform. Forming a strong domestic market demand is an important support for building a new development pattern. We should pay close attention to establishing an effective system to expand domestic demand, focus on releasing consumer demand, continue to expand effective investment, and give full play to the basic role of consumption and the key role of investment; Further strengthen and improve the redistribution adjustment mechanism, solidly promote common prosperity, and accelerate the narrowing of the gap between urban and rural development and the gap between residents’ living standards; Promote the coordinated development of regional urban and rural areas and promote the formation of a regional economic layout with complementary advantages and high-quality development; Intensify rural reform, establish and improve an effective linkage mechanism between consolidating and expanding the achievements of poverty alleviation and rural revitalization, and comprehensively promote rural revitalization and urban-rural integration.

　　Focus on promoting high-level opening up and deepening reform. China’s economy has been deeply integrated into the world economy, and the internal and external demand markets are interdependent and mutually promoting. It is necessary to open up to the outside world in a wider scope, in a wider field and at a deeper level, and promote the construction of a new open economic system at a higher level; Relying on systematic, standardized and legalized rules and regulations, we will effectively link up with advanced international economic and trade rules and regulations, create a market-oriented, legalized and internationalized business environment, and win the initiative of economic development and international competition with the initiative of opening to the outside world.

Pilot Free Trade Zone： Braving the Tide in the Era of Reform and Opening-up (10th Anniversary Tour of Pilot Free Trade Zone)

　　If you open the column,

　　Building a free trade pilot zone is an important strategic measure for the CPC Central Committee with the Supreme Leader as the core to promote reform and opening up in the new era. This year marks the tenth anniversary of the construction of China’s Pilot Free Trade Zone. In the past ten years, their respective pilot free trade zones have implemented the decision-making arrangements of the CPC Central Committee, emancipated their minds, kept upright and innovated, launched a large number of basic and pioneering reform and opening-up measures, and formed many landmark and leading institutional innovations, effectively playing the role of a comprehensive experimental platform for reform and opening up.

　　Starting from today, this newspaper will open a column entitled "10th Anniversary Tour of Pilot Free Trade Zone Construction", which will fully report the course of China’s pilot free trade zone construction in the past 10 years, and reflect the new breakthroughs and progress made in the transformation of government functions, the strategy of serving the country, the liberalization and facilitation of investment and trade, and the financial openness and innovation to serve the real economy.

　　Recently, the General Secretary of the Supreme Leader made important instructions on further promoting the construction of the Pilot Free Trade Zone, stressing that in the new journey, on the basis of comprehensively summing up the ten-year construction experience, we should thoroughly implement the upgrading strategy of the Pilot Free Trade Zone, be brave in pioneering and tackling difficulties, explore in a wider field and at a deeper level, and strive to build a higher-level pilot free trade zone.

　　In September 2013, China (Shanghai) Pilot Free Trade Zone was established. In the past ten years, the construction of China’s Pilot Free Trade Zone has been advancing all the way, and 21 pilot free trade zones have been set up in six batches, basically forming a new pattern of reform and opening up covering the east, west, north and south, and coordinating the coastal inland areas. In the new era and new journey, the respective trade pilot zones continue to change their concepts, bravely stand at the forefront of the times, comprehensively deepen reform and expand opening up, promote institutional innovation, and promote high-quality development.

　　 　There has been a new breakthrough in institutional innovation

　　Today, the products of South China University of Technology Industry Co., Ltd. have covered many overseas markets such as Asia, Europe, North America, South America and Oceania, thanks to various reform measures in Hubei Pilot Free Trade Zone.

　　For example, Zhang Xi, manager of the international business department of South China University of Technology, said: "Under the new mode of consolidated taxation, enterprises can first remove the goods and then pay taxes centrally within the prescribed tax payment period, effectively reducing the financial pressure on enterprises and reducing customs clearance costs." More than that, from "paperless" to "free filling", to "one-stop online" and finally to "one-day", the export tax rebate process has been continuously optimized and convenient. In 2022, the total export tax rebate of South China University of Technology reached 123 million yuan, a year-on-year increase of 22%.

　　Since the establishment of the Pilot Free Trade Zone, it has shouldered the heavy responsibility of institutional innovation and reform breakthrough. In the past ten years, the respective pilot free trade zones have taken institutional innovation as the core, replicability and popularization as the basic requirements, and risk prevention and control as the bottom line, and made every effort to promote reform and opening-up innovation in related fields, exploring new ways and accumulating new experiences for comprehensively deepening reform and opening up.

　　Deepen the reform of the commercial system and stimulate the vitality of enterprises. Nansha District of Guangdong Pilot Free Trade Zone has realized "no appointment", "zero meeting", "all-weather", "paperless" and "intelligent" through the new mode of intelligent electronic registration. Through the implementation of standardized and intelligent declaration, the pass rate of self-declaration of enterprise name and the first application rate of electronic registration in the whole process all exceeded 90%, and the daily average business handling capacity of registrants increased by more than 30%. Applicants can print their own business licenses in 10 minutes at the earliest.

　　Accelerate the reform of trade facilitation and improve the timeliness of customs clearance. In the West Coast Comprehensive Bonded Zone of Qingdao Area in Shandong Pilot Free Trade Zone, 16 containers and 314 tons of imported cotton passed through the intelligent weighing platform, and the rapid weighing and certification were completed within half an hour. Qingdao Huangdao Port is the largest cotton import port in China, accounting for about 60% of the country’s imports. In order to improve the level of imported cotton trade facilitation, in August 2020, Huangdao Customs launched the "integrated inspection" supervision mode of imported cotton in Qingdao Free Trade Zone, integrating customs port quarantine, destination inspection, weight identification, sampling and inspection, and improving the convenience of imported cotton customs clearance.

　　On August 18th, China Ship Fuel Co., Ltd. completed the approval of a paperless business of direct supply of bonded fuel oil across customs areas. This batch of bonded fuel is delivered from Zhoushan oil depot, transported to Meishan Port Area of Zhoushan Port, Ningbo, and added to international navigation ships. Hangzhou Customs focused on the open development of the whole oil and gas industry chain, continued to deepen the regulatory reform, and helped Zhoushan area of Zhejiang Pilot Free Trade Zone to build the largest large-scale petrochemical base, energy security base and oil and gas trading port in China.

　　Explore innovation in the financial sector and serve the development of the real economy. Since 2013, the State Administration of Foreign Exchange has tried 24 innovative measures for foreign exchange management in six batches of free trade trials, and copied and promoted nearly 20 measures nationwide in accordance with the principle of "mature one and copy one". In 2022, the cross-border revenue and expenditure of the Pilot Free Trade Zone increased by 14.7% year-on-year, 8.7 percentage points higher than that of the whole country.

　　 　Promote opening up and make new progress.

　　On the afternoon of September 1st, a remanufactured engine imported by Volvo Construction Equipment (China) Co., Ltd. for articulated off-highway dump trucks was declared at Shanghai Pudong Customs and delivered directly to the enterprise warehouse. "This engine is no less than a new product in terms of quality characteristics and safety and environmental protection performance. The smooth customs clearance of the first order of goods has reassured us to carry out the import business of overseas remanufactured products in the future. " Chen Chaoping, vice president of Volvo construction equipment service and spare parts, said.

　　At the beginning of the establishment of the Shanghai Pilot Free Trade Zone, it set its sights on docking international high-standard economic and trade rules, took the lead in implementing the national treatment plus negative list management model before foreign investment access, and promoted the historical transformation of the investment management system. The development of Volvo in China is closely related to a series of policies of Shanghai Pilot Free Trade Zone to promote high-level opening to the outside world. Four years ago, the company completed the "first order" offshore trade in the Shanghai Pilot Free Trade Zone, and then the company moved its Asian headquarters to Shanghai. Now Volvo has become the first crab-eating enterprise in the "Pilot Import of Remanufactured Products in Key Industries" in China.

　　Openness is a gene engraved in the bones of the Pilot Free Trade Zone. In the past ten years, the Pilot Free Trade Zone has been guided by a high level of openness, focused on exploring an institutional system that is in line with international economic and trade rules, systematically promoted reforms that conform to market rules, and achieved a series of breakthrough and leading innovations.

　　Since the Pilot Free Trade Zone launched the first negative list of foreign investment access in China, after seven reductions, the number of negative list items has been reduced from the initial 190 to 27, and the number of manufacturing items has been zero. In 2021, the first negative list of cross-border service trade was launched in Hainan to promote the better connection between China’s service trade management and international high-standard economic and trade rules. At present, the list has been well implemented in Hainan, which has become an important reform in the opening up of China’s service industry and laid a solid foundation for its implementation in a wider scope.

　　Differentiated exploration, opening up along the border has a new atmosphere. At Pingxiang Friendship Pass Port in Chongzuo Area of Guangxi Pilot Free Trade Zone, trucks loaded with fruits imported from ASEAN cleared customs in an orderly manner. Youyiguan Port is one of the most convenient land ports from China to Vietnam and other ASEAN countries. In order to ensure "zero delay" in fruit clearance in peak season, Youyiguan Port re-optimizes the traffic routes of inbound and outbound vehicles, and takes the lead in implementing "multi-card integration" of customs and border inspection departments at border ports across the country to share a bayonet, greatly shortening the traffic time of vehicles. In the first half of this year, ASEAN fruits imported through Youyiguan Port reached 381,000 tons, with a value of 11.39 billion yuan, up by 130.1% and 520.6% respectively.

　　"From promoting the upgrading of port energy level to promoting the construction of major open platforms, from promoting the development of industries with distinctive advantages to optimizing the port business environment, Guangxi will further give play to the policy advantages of the Pilot Free Trade Zone and promote the realization of high-level opening up." Bai Lan, full-time deputy director of the China (Guangxi) Pilot Free Trade Zone Office, said.

　　In 2022, 21 pilot free trade zones accounted for 18.1% of foreign investment and 17.9% of import and export trade in China, with less than four thousandths of land area, and further increased to 18.4% and 18.6% in the first half of this year.

　　 　High-quality development has achieved new results

　　On September 21st, the opening ceremony of Wazhou Wind Power Spindle Bearing Company was held in Dalian, Liaoning Pilot Free Trade Zone. The total investment of the project is 1 billion yuan, with a total construction area of 32,000 square meters. The new factory will intellectualize and digitize the traditional production process and management mode, and mainly build a series of fist products with high-end brand inheritance of Wazhou. It is estimated that the annual output of bearings will be 36,000 sets, with an annual output value exceeding 1.5 billion yuan.

　　Dalian Free Trade Zone gives full play to the advantages of equipment manufacturing technology and talents in the old industrial base in Northeast China and the advantages of pioneering and testing in the Pilot Free Trade Zone, and strives to cultivate and expand advanced equipment manufacturing industrial clusters. Now, it has formed a number of characteristic subdivisions such as CNC machine tools, refrigeration equipment, special containers, auxiliary power devices, nuclear power equipment and special motors. There are 154 advanced equipment manufacturing enterprises above designated size in the region, with an output value of 28.1 billion yuan in 2022.

　　In the past ten years, the respective pilot trade zones have actively promoted the development of new industries, new formats and new models, and built a number of industrial clusters with strong competitiveness, injecting new kinetic energy into high-quality development.

　　Create a public service platform and promote the agglomeration of new industrial elements. Nanjing Area of Jiangsu Pilot Free Trade Zone has built the first integrated circuit public service platform covering all production factors in China, highlighting demand orientation and transforming and upgrading the service industry. "The platform jointly provides all-factor services such as public technology, talent training and core machine linkage for integrated circuit enterprises in the Yangtze River Delta." Lin Qikun, member of the Party Working Committee of Nanjing Jiangbei New District and deputy director of the Management Committee, said that up to now, the platform has provided more than 13,000 public technical services, with a service amount of over 500 million yuan, supporting the research and development innovation of nearly 600 kinds of chip products.

　　In response to market demand, Nanjing Customs cooperated with the commercial department to formulate an implementation plan for enterprises in the Pilot Free Trade Zone to carry out bonded maintenance business according to the maintenance catalogue of the comprehensive bonded zone, and promoted the bonded maintenance policy to cover the Pilot Free Trade Zone.

　　Seize the new wave of digitalization and promote the vigorous development of new formats. In March of this year, Zhejiang Pilot Free Trade Zone released the Action Plan for Promoting the Development of China (Zhejiang) Pilot Free Trade Zone (2023— 2027), clearly pointed out that it will build a leading digital economy industrial system, take the lead in integrating high-standard digital trade rules, and promote the establishment of a data-based system. Strive to increase the import and export volume of cross-border e-commerce to 420 billion yuan by 2027, the trade volume of digital services to 250 billion yuan, and the growth rate of added value of core manufacturing industries in the digital economy to maintain above 8%.

　　Shanghai Pilot Free Trade Zone has established a modern industrial system with six major industries as the core: China Core, Innovative Medicine, Intelligent Manufacturing, Blue Sky Dream, Future Car and Data Port. Tianjin Pilot Free Trade Zone has gathered strength to develop the financial leasing industry and become the second largest gathering place for aircraft leasing in the world. There are tens of thousands of oil and gas enterprises in Zhejiang Pilot Free Trade Zone, and the scale of bonded fuel oil filling ranks fifth in the world. Hubei Pilot Free Trade Zone has gathered more than 16,000 optoelectronic information enterprises, making it the largest technology R&D and production base in the field of optical communication in China. There are more than 4,000 biomedical enterprises in Jiangsu Pilot Free Trade Zone, with an annual output value of over 400 billion yuan.

　　Standing at a new starting point, China Pilot Free Trade Zone is taking high-level opening as the guide, taking institutional innovation as the core, coordinating development and safety, connecting international economic and trade rules with high standards, deepening institutional opening, strengthening overall planning and system integration of reform, promoting the innovative development of the whole industrial chain, giving full play to the demonstration role of Pilot Free Trade Zone, and striving to make greater contributions to promoting Chinese modernization.

Many people have duplicate household registration or are caused by long-term decentralized management.

　　Yangcheng Evening News reporter Li Guohui

　　When an account that accompanies you to school, work, get married, buy a house, and have children is required to be cancelled, all the information is zero. You will face a problem that you have never thought of — — Prove that you are the original you, the father or mother of a child, a graduate with a diploma, or even that you will lose your hukou in a big city and be unable to re-enter the house or buy a house.

　　With the nationwide three-year clean-up and rectification of household registration by the Ministry of Public Security entering the third stage, more and more duplicate (false) household registrations have surfaced or been cancelled. Among them, there are a large number of people who illegally handle false or multiple household registrations for illegal purposes, and there are also people who have repeated household registrations because of their parents’ job migration, going to school, buying houses and entering households, and the irregular operation of grassroots police stations many years ago. And they are generally faced with this problem.

　　Faced with the "high cost" of canceling duplicate (false) household registration, some people with duplicate household registration want to convey their own voices: under the premise of being able to investigate and prove that they are not malicious and have no criminal record, can the public security organs be more humanized in cancellation measures and allow them to keep their commonly used household registration with high social recognition — — Please leave me more real.

　　A

　　Status quo: It is not uncommon for people with duplicate household registration.

　　Carrying a backpack and one hand in his trouser pocket, 31-year-old Tang Shidan (using a pseudonym at the request of the interviewee) stood on the street in Guangzhou where he had lived for 12 years and made a phone call in a low voice. Tang Shidan, who was admitted to CUHK with excellent results and worked in IT software in foreign banks after graduation, has already moved his registered permanent residence to Guangzhou, and has always regarded himself as a native of Guangzhou, but he felt for the first time — — The "household registration" thing will also be "gained and lost".

　　On the other end of the phone, his parents said to him, "You’d better come back and ask the people at the police station to try!"

　　After the phone call, he told the Yangcheng Evening News reporter with a wry smile: "I’d better go back and try again whether I can cancel Wuhua’s household registration and keep it in Guangzhou."

　　In fact, Tang Shidan said that he had given up hope, and nine times out of ten, his Guangzhou hukou would be cancelled.

　　On January 15 this year, Tang Shidan received a phone call from the police of Tianhe District Public Security Bureau in Guangzhou. He was told that after portrait comparison, he was found to be a duplicate household registration and had to cancel a "false" household registration.

　　The police told him that according to the Opinions on Properly Handling Duplicate (False) Accounts issued by the Guangdong Provincial Public Security Bureau in October 2014, his Guangzhou household registration was identified as duplicate (false) and only the original household registration of Wuhua in Meizhou could be kept.

　　Tang Shidan said that he had consulted the comrades in charge of the police and the household registration office of the Guangdong Provincial Public Security Department, but the answers were all the same — — You must cancel your current account in Guangzhou.

　　"They decided that my account in Guangzhou was a false account. I always thought this was the real me, but this I am about to disappear. "

　　On the two second-generation ID cards that Tang Shidan showed to the Yangcheng Evening News reporter, his name was the same, but his ID number was completely different.

　　In Shenzhen, 26-year-old Chen Maqiao (who uses an alias at the request of the interviewee) also can’t believe that as a lawyer, she "can’t even handle her own account".

　　Last March, Chen Maqiao received a phone call from the police of Shahe Police Station of Nanshan District Branch of shenzhen public. She was told that through portrait comparison, it was verified that she had duplicate household registration, among which the household registration was commonly used — — That is, the household registration in Shenzhen is a false household registration and must be cancelled.

　　Chen Maqiao believes that his common household registration is not a false household registration. "I don’t agree to cancel my household registration in Shenzhen. Shahe police station suggested that I cancel my unused household registration registered in Shantou after birth, but the local police station is unwilling to cancel it." Chen Maqiao’s two household registrations are not only completely different in ID numbers, but also different in the last word of his name.

　　In order to keep his household registration from Puning to Shenzhen after he went to college, Chen Maqiao went to the Chengbei police station in Puning City to issue his own household registration certificate, proof of no criminal record, etc., and even found the approval form for rural to non-household when he entered Puning.

　　However, these certificates may not be able to keep her common household registration that has been used for more than 20 years.

　　In August 2015, the Shahe police station in Shenzhen informed her again and asked her to cancel her common household registration in Shenzhen. After Chen Maqiao once again said that he "refused to cancel his common household registration", the Shahe police station said that it had frozen two of his household registrations. If she fails to cancel the household registration moved from Puning to Shenzhen within the specified time, the public security organ will force her to cancel it.

　　It is not uncommon for people with duplicate (false) household registration like Tang Shidan and Chen Maqiao.

　　Guan Qing (pseudonym), who has worked hard in Shenzhen for many years, has two accounts: Shenzhen (moved from Hainan) and Shantou. Now, his household registration in Shenzhen has been forcibly cancelled by shenzhen public, but he is still unwilling to accept this reality.

　　In the QQ group search, the Yangcheng Evening News reporter entered the words "duplicate household registration" and found more than 10 QQ groups with "duplicate household registration problems".

　　In two QQ groups, which are mainly registered in Guangdong, almost every day, people report to the group that "the police station informed me that if I don’t take the initiative to cancel my common household registration, I will be forced to cancel it". In this crowd, there are not only lawyers and software engineers, but also civil servants, doctors, teachers and other professional groups.

　　B

　　Traceability: or caused by long-term decentralized management

　　In fact, as early as February 2014, the Ministry of Public Security began a three-year "special clean-up and rectification of household registration" throughout the country, and the rectification work was divided into three stages.

　　According to the work deployment of the Ministry of Public Security, in 2014, it was mainly to "crack down and rectify", comprehensively investigate and deal with the problem of false hukou, and prevent the creation of new false hukou; 2015 is the second stage, focusing on "grasping construction and norms" and comprehensively strengthening the construction of institutional norms and technical norms. This year is the third stage of the special rectification of household registration, with the focus on "improving and checking". The new household registration mechanism will be fully operational, and the accuracy, uniqueness and authority of the national citizen’s household registration and identity card numbers will be realized.

　　With the increasing efforts of local public security organs, every citizen of every household is required to apply for a second-generation ID card, and the duplicate (fake) household registration has nothing to hide under the high-tech portrait recognition technology.

　　According to Huang Ming, vice minister of the Ministry of Public Security, in an interview with the media last year, in just over a year from 2014 to March 2015, 2.5 million duplicate accounts and accounts that should be sold but not sold were cleared nationwide.

　　In order to do a good job in cleaning up and rectifying household registration, the Ministry of Public Security requires public security organs and household administration departments all over the country to conduct a comprehensive self-examination and self-correction, and those who conceal it will be severely investigated for the responsibility of the police and leaders involved.

　　The Ministry of public security also requires that all public security organs that handle fake accounts and fake identity cards must resolutely remove the public security team; Anyone who accepts benefits to handle fake accounts or fake identity cards for others must be severely punished by law.

　　So, how did the fake (duplicate) account come from?

　　In an interview with the media, Huang Ming revealed that the reasons for the "wrong, heavy and false" problem of household registration management are complicated, including historical reasons caused by long-term manual operation and decentralized management, social factors influenced by human society and privileged thoughts, and illegal behaviors caused by interests and internal and external collusion.

　　In the view of Tang Shidan and others, in recent years, many people have taken advantage of the loopholes in the system, engaged in illegal and criminal acts by handling dual or even multiple household registrations, or bought real estate for concealment, which indirectly created many uncles and sisters-in-law in society.

　　"Many people think that people with duplicate household registration must have problems, and they must have come through improper channels. This is a kind of discrimination." Tang Shidan said.

　　As for why he has two registered permanent residence and two ID cards with different numbers, Tang Shidan’s explanation is that when he was 14 years old and went to junior high school, he came to Heyuan Longchuan from his hometown of Wuhua, Meizhou. Because his parents didn’t know much about the procedures for household registration transfer, he directly went to the local police station to apply for a new household registration, which directly accompanied Tang Shidan from middle school to university and moved to Guangzhou until now.

　　"At that time, perhaps the operating procedures of the grassroots police station were not standardized, and there was no migration certificate from registered permanent residence." Tang Shidan told the Yangcheng Evening News reporter.

　　Chen Maqiao was born in Puning, Jieyang, and his parents went to Shantou for business, that is, in his birthplace — — Shantou entered a household registration. Later, her parents took her back to Puning, and under the policy of buying a house, she also registered in Puning. In this way, Chen Maqiao has been using Puning’s account, from primary school to college and admitted to Shenzhen, and moved the account from Puning to Shenzhen.

　　Chen Maqiao believes that at that time, his common household registration in Puning, Jieyang was legally obtained, and there was no illegality.

　　"At that time, Puning absorbed a large number of foreign people by buying houses, and we didn’t do black-box operations. At that time, at least tens of thousands of people entered Puning in this way. " Chen Maqiao told the Yangcheng Evening News reporter.

　　C

　　Embarrassment: the signed contract may be "invalid"

　　Nowadays, the deadline for the police to notify "voluntarily cancel the household registration" has arrived, and Tang Shidan’s common household registration may be forcibly cancelled at any time. He had to think about what he would do if he cancelled it.

　　According to the Opinions on Properly Handling Duplicate (False) Accounts issued by Guangdong Provincial Public Security Bureau in October 2014, if the account is cancelled, the public security organ shall issue a Certificate of Account Cancellation to the parties and file it for future reference; If the parties have other affairs to deal with, the public security organ shall issue the "Household Registration Certificate" according to the application of the parties, so as to provide convenience for the parties to handle personal affairs.

　　However, when Tang Shidan called the Household Affairs Office of the Guangdong Provincial Public Security Bureau to find out, the staff also told him bluntly that there was no guarantee that all his documents and files could be changed, and he was required to be mentally prepared.

　　Tang Shidan said that his hukou from Wuhua only stayed in primary school, which means that if he can’t change his school status and other related information, his cultural level is primary school education. This is "unacceptable" for a graduate like him.

　　"According to the information I have learned now, the information such as student status cannot be changed, and it is impossible for the university to issue a diploma and academic certificate for you. If I look for a job again, I must prove that the original me is me."

　　Not only that, Tang Shidan is worried that signed commercial contracts and purchased commercial insurance will face "invalidation" because of the change of ID number. How can these contracts and insurance documents make enterprises and institutions willing to re-sign or change them?

　　For those who have cancel their registered permanent residence, that information of their parent can’t be changed on their children’s birth certificates, and now they have to prove that "their children are their own". You must even re-register your marriage with your wife (husband).

　　Tang Shidan said that what is clear now is that information such as social security and provident fund can be changed in time.

　　Chen Maqiao and Guan Qing will also face a more serious problem in their opinion. After their common accounts are forcibly cancelled, according to the policy, they can relocate their original accounts to Shenzhen, but they must meet the conditions — — Either you have your own property in Shenzhen, or you have been buying social security in Shenzhen for five consecutive years. Neither Chen Maqiao nor Guan Qing can meet this condition now, and they can’t regain their Shenzhen household registration in a short time, which will greatly affect their lives.

　　D

　　Transfer:

　　More humane measures have been taken in other provinces.

　　"It can be said that from primary school to university, to work graduation, and to obtain the qualification of lawyer practice, I have used my current household registration and ID card, and I have never used the household registration in Shantou."

　　Chen Maqiao said that the policy of the public security department to deal with duplicate household registration is to "cancel the false and keep the true". "But in their concept, the household registration we later did was false, and I don’t want to accept such a determination." Chen Maqiao said.

　　In the Opinions of Guangdong Provincial Public Security Department on Properly Handling Duplicate (False) Accounts, for the identification of duplicate (false) accounts, one is that "those who hold two or more accounts are duplicate accounts"; The second is that "the account obtained by providing false materials or fabricating facts by fiction is a false account". The public security organ will carry out detailed investigation and verification according to the clues of duplicate (false) accounts, and make a decision on handling duplicate (false) accounts according to the verification results.

　　In principle, it is that "the real accounts investigated and verified by the public security organs should be kept", "the false accounts investigated and verified by the public security organs should be cancelled", "the repeated accounts that have not been cancelled after migration should be cancelled" and "the accounts that have been relocated twice or more should be kept for the first time, and the accounts that have been relocated later should be cancelled".

　　This means that if the real reasons for the formation of duplicate (false) accounts in that year cannot be included in the scope of investigation and judgment, and whether the two accounts are more in line with the real situation of the individual is not considered, the common accounts that Chen Maqiao, Tang Shidan and others later handled do belong to the duplicate (false) accounts in this opinion.

　　However, Tang Shidan believes that this is the place where the handling of their household registration is "not humanized enough". "When I became two accounts, I was only 14 years old, and I had no capacity for civil conduct at all. Moreover, I have never used Wuhua’s original account since then, and I have never had a record of illegal crimes. I think this later account is more in line with my own real situation, and I hope to keep this real me! "

　　In the interview of Yangcheng Evening News reporter for many days, many heavy (fake) households expressed their feelings to reporters. They believe that the public security department is not "humanized" when identifying and canceling one of their accounts. It has not fully considered the multiple historical reasons why they became heavy (fake) households, nor has it considered which identity they have higher social recognition. They even think that the repeated accounts caused by the non-normal account migration are false accounts and must be cancelled, which also makes them feel wronged.

　　Both Tang Shidan and Chen Maqiao, when consulting the police who handled the cancellation of their household registration, were told that if the police station where their original household registration is located can issue a certificate that "the household registration is a false household registration", they can help keep the current common household registration.

　　To this end, Tang Shidan, Chen Maqiao and Guan Qing all tried, but they were all rejected by the local police station.

　　"Because if they issue this certificate, according to the regulations, they must bear the responsibility of causing duplicate (false) accounts." Chen Maqiao said that this is almost impossible for them.

　　"I went back to ask the police station, and they said that it should be done in strict accordance with the regulations of the province. They thought that my original account in Wuhua was a real account, and it was impossible to cancel this and keep it later." Tang Shidan said.

　　On March 28th, the reporter of Yangcheng Evening News dialed the telephone number of the Household Administration Department of the Public Security Bureau of Guangdong Province, which was announced by the official website of the Ministry of Public Security. The wiring staff told the reporter that under normal circumstances, after investigation, the public security organ determined that the first registered permanent residence was a real registered permanent residence, and the registered permanent residence that was later formed after "improper" procedures was identified as a false registered permanent residence.

　　When the reporter said that the formation of duplicate (false) accounts was likely to be caused by the irregular operation or irregularities of the police at that time, the public security organs had certain responsibilities. The staff member said that such an account was obtained by "improper means". At present, many police officers who violated the rules have been dealt with, even downgraded and sentenced.

　　He also reiterated to reporters the definition and understanding of duplicate (false) hukou. "If you move from one city to another, the original place has not cancelled the original hukou because of the work problems of the public security police, then this is a typical duplicate hukou. But if two accounts are in different places, with different ID numbers or even different names, this is a false account. "

　　According to the Opinions of Guangdong Provincial Public Security Department on Properly Handling Duplicate (False) Accounts, the parties with duplicate (false) accounts still have legal remedies. If the parties are not satisfied with the handling opinions of the public security organs on canceling their accounts, they can apply for administrative reconsideration to the public security organs at higher levels or the people’s government at the same level that made the decision on canceling their accounts within 60 days from the date of receiving the Certificate of Cancellation of Accounts, or bring an administrative lawsuit to the people’s court at the same level within three months according to law.

　　"If they really cancel my Shenzhen account, I will fight an administrative lawsuit with them!" Chen Maqiao told reporters that she learned that there are quite a few people who have the idea of saving their common household registration through litigation.

　　The Yangcheng Evening News reporter inquired that in the "Regulations on the Management of Public Security Organs’ Accounts in Fujian Province" published on the Internet on October 31, 2014, there have been more detailed and humanized measures for duplicate (false) accounts.

　　According to the specification, for "duplicate accounts that have lived for a long time and can’t find the original information, and the reasons can’t be verified, on the basis of careful investigation, on the premise that the parties promise not to apply for correcting the date and name of birth, they can apply according to the wishes of the masses, keep one of them, and cancel the accounts that have not found any illegal acts".

　　On March 29th, the reporter of Yangcheng Evening News sent a letter to the Public Security Bureau of the Ministry of Public Security about the repeated (false) household registration cleaning and rectification work. As of press time, no reply has been received, and the reporter of Yangcheng Evening News will continue to pay attention to the follow-up progress.

　　Li Guohui

Guangxi Chongzuo Border Management Detachment cracked a serious transnational smuggling crime case.

　　Zhongxin. com Chongzuo December 29th (Liang Peng)
Recently, Guangxi Chongzuo Border Management Detachment cooperated closely with the relevant police types and departments of local public security organs and successfully destroyed a mega-transnational smuggling gang.

　　According to reports, the case lasted for 11 months, and 15 times of network-closing operations were carried out. A total of 26 criminal cases that hindered the management of the country (border) were detected, 43 organized transporters were arrested, 6 criminal gangs were destroyed, and 4 transit dens were destroyed; Investigated and dealt with 13 administrative cases, and seized 24 citizens who attempted to sneak into China, 39 foreigners with "three evils", seized 25 vehicles involved, and imposed an administrative fine of 296,000 yuan.

Guangxi Chongzuo Border Management Detachment cracked a serious transnational smuggling crime case.

　　The picture shows the police carrying police dogs to guard and arrest in the wild. Photo courtesy of Guangxi Chongzuo Border Management Detachment

　　On October 30, 2022, the Longzhou Border Management Brigade of Chongzuo Border Management Detachment dug deep according to the clues and found that the overseas snakehead "Anong" and the China border "snakehead" Ling Moumou colluded with each other to organize people to sneak into the border, and a cross-border criminal gang surfaced.

　　On December 29th, 2022, the task force got the clue that Ling Moumou would accept the employment of overseas "snakeheads" again, and planned to transport China nationals to sneak out of the country from the border of Binqiao Township, Longzhou County, Guangxi. After research, the task force decided to crack down on the gang, and arrested eight China citizens who tried to sneak out of the country in Longzhou County and Jiangzhou District of Chongzuo City, and arrested the organizer Ling Moumou and three transport drivers.

Guangxi Chongzuo Border Management Detachment cracked a serious transnational smuggling crime case.

　　The picture shows that the task force is conducting a case study. Photo courtesy of Guangxi Chongzuo Border Management Detachment

　　After the gang branch was destroyed, the smuggling activities in Longzhou border were still active, and the overseas "snakeheads" continued to contact other "snakeheads" in China to organize others to smuggle, which was related to the clues of the previous cases. The task force comprehensively sorted out the organizational structure of the criminal gang by repeating the case and analyzing the case, and at the same time deepening the trial of the case.

　　From January to February, 2023, the task force successively carried out several centralized net-collecting operations in Longzhou County, and successively arrested 17 organized transporters, and seized one batch of four foreign "three illegal" people and two batches of four China nationals.

　　The network-closing operation cut off most branches of the smuggling gang, and the border smuggling situation in Longzhou County, Guangxi has eased. In order to completely cut off the smuggling passage, the task force cooperated with the relevant police of Longzhou County Public Security Bureau to dig deep into the clues of the case, investigate suspicious personnel, and continue to find out the members of the gang. From mid-May to early June 2023, the task force organized a gang fight at the border of Longzhou County.
In the "Clearing the Belt" operation, nine gang members, including Gu Mou, were arrested, and seven batches of "three non-"foreigners were arrested.

Guangxi Chongzuo Border Management Detachment cracked a serious transnational smuggling crime case.

　　The picture shows that the task force captured two "snakeheads" of the smuggling gang. Photo courtesy of Guangxi Chongzuo Border Management Detachment

　　After more than ten times of centralized network collection, all members of the gang were arrested, and the task force continued to intensify its crackdown to hunt down suspects who had not arrived. On September 11th, Zhuangmou, a key member, was forced by the pursuit pressure of the task force and took the initiative to surrender to the Longzhou Border Management Brigade. So far, the domestic network structure of the gang was destroyed in one fell swoop.

　　Up to now, among the 57 suspects arrested in this series of cases, 28 have been transferred to the procuratorate for public prosecution, 17 have petitioned the procuratorate for approval of arrest, 7 have been released on bail pending trial, 3 have been released due to insufficient evidence, and 2 have been released after taking criminal compulsory measures without subjective intention. In addition, 13 illegal immigrants were administratively punished in this case; Of the 37 foreigners arrested, 36 were deported after being punished according to law, and one was criminally punished for illegally entering the country twice in one year. (End)

　

[Editor in charge:

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Full-bed 6-person research guarantee rate is 100%!

All ashore, not one less!

Recently, six students from the same dormitory of the School of Mechanical Engineering, North University of China collectively participated in the postgraduate study. During the undergraduate study, 406 Dormitory was "brilliant"-the average credit score was as high as 4.14, and it won 19 scholarships and 50 honors above the university level … They helped and encouraged each other for four years, and finally six students were sent to Beijing Institute of Technology, Beijing University of Posts and Telecommunications, xidian university, Nanjing University of Aeronautics and Astronautics and north university of china respectively.

Learning is a common interest without "volume"

Teenagers’ dreams are not limited to their hearts, but also to their actions.

From the first day when six students moved to the dormitory, learning became everyone’s common interest.

The six seats in the middle of the first row of the class will always be the "exclusive seats" of the 406 dormitory. Helping each other to occupy seats is not only the first stop of the friendship between six people, but also the last class of the university.

After school, six people in the dormitory go to the library together, rain or shine. In the final review stage, everyone will be the "review teacher" of a course, sorting out the key points of the exam and explaining the difficulties of the course for everyone.

"There are always classmates who say that our dormitory is too’ rolled’, but it is not. Learning is really the common interest of all six of us." Gao Lei, who was sent to xidian university, said.

Cooperation is the key to all employees’ research.

Science and technology competition is an important part of the road to research. Although six people in the 406 dormitory belong to different teams, the dormitory has become everyone’s "support group".

Wang Xuetong, who was sent to Beijing University of Posts and Telecommunications, is good at three-dimensional modeling, and other related problems encountered in project construction can be solved when they are brought back to the dormitory. At the same time, dormitory members often share competition information in the group, and everyone needs what they want, which has become an important weight for the success of the research in the future.

No victory is easy to come by. Although six students in the dormitory rank among the top ten in their majors, they are still somewhat "confused" when faced with the choice of medical insurance, master’s degree and master’s degree in engineering.

At critical moments, six people often analyze everyone’s "situation" in the form of meetings and collect information from all sides. Especially in the school selection stage of Baoyan Foreign School, when only Wang Xuetong didn’t receive the admission notice, all the dormitory members went into battle and actively recommended it to teachers in different universities, and finally got the admission notice from Beijing University of Posts and Telecommunications just before the system was closed.

In the end, two members of the dormitory, Wang Wentao and Chen Haowen, landed in north university of china, and four members, Gao Lei, Wang Xuetong, Wang Yukun and Ma Xin, were sent to xidian university, Beijing University of Posts and Telecommunications, Beijing Institute of Technology and Nanjing University of Aeronautics and Astronautics respectively.

Cherish, friendship will last forever.

Baoyan is not a process of fighting alone, but a process of mutual achievement. Strong friendship has become a "catalyst" on their road to baoyan.

After four years of living together, although everyone is full of expectations for the future, they are still reluctant.

"It’s rare to meet such a roommate!" Ma Xin, who was sent to Nanjing University of Aeronautics and Astronautics, said with emotion, "We have the same attitude towards learning and entertainment-we are fully engaged in learning and enjoy playing!"

There is also an interesting agreement that has been adhered to in the 406 dormitory, that is, every time someone with a higher scholarship will invite someone with a lower scholarship to dinner.

Soon, everyone will go to different colleges and universities for further study, and they have made an agreement, hoping to have a meal at everyone’s school, so as to make this hard-won friendship continue.

Gathering is a fire, scattering is all over the sky.

The days of struggle together are the most shining memories of these six North American students in their youth. With the school motto of "knowing what to do", they will help each other in the same boat and cut the waves, and they will certainly take each other’s blessings to a brighter future. (Image courtesy of north university of china)

Chapter XI Gift Contract of Specific Provisions

There are eleven articles in this chapter, which stipulate the concept of the gift contract, the establishment of the gift contract, the rights and obligations of the parties, the liability for warranty against defects, the arbitrary and legal revocation of the gift, and the liability for breach of contract.
Article 185 A gift contract is a contract in which the donor gives his property to the donee free of charge and the donee expresses his acceptance of the gift.
[Interpretation] This article is about the concept of gift contract.
A gift contract refers to a contract in which the donor gives his property to the donee free of charge and the donee is willing to accept the gift. We can see the following connotations from the concept of gift contract:
1. Gift is a kind of agreement and a legal act of both parties. Although the gift contract is a unilateral and free contract, it needs the unanimous expression of will of both parties to be established. If one party has the will to donate, but the other party has no intention to accept the gift, the gift contract cannot be established. In real life, there will also be cases where one party is unwilling to accept the gift from the other party for some consideration. In this case, the gift contract will not be established.
2. A gift contract is a contract to transfer the ownership of property. A gift contract is a contract in which the donor gives his own property to the recipient, and it is a contract in which the donor transfers the ownership of the property to the recipient. This is the main difference between a gift contract and a loan contract.
3. The gift contract is a free contract. The so-called "free contract" refers to a contract in which only one party pays, and the other party does not have to pay the corresponding price to the other party. In the gift contract, only the donor gives his property to the donee free of charge, and the donee obtains the donated property without paying the corresponding price to the donor. This is the main difference between a gift contract and a paid contract such as buying and selling.
4. The gift contract is a unilateral contract. The so-called "unilateral contract" refers to a contract in which only one party bears the debt and the other party does not bear the debt, or although it bears the debt, it has no consideration relationship. Under normal circumstances, only the donor has the obligation to give his own property to the donee in the gift contract, and the donee is not obliged. In a gift with obligations, the donor has the obligation to pay his property to the donee, and the donee undertakes certain obligations according to the contract, but the obligations undertaken by the donee are not the consideration of the obligations undertaken by the donor, and the obligations in between are not corresponding to each other, so the gift contract is a unilateral contract.
5. The gift contract is a promise contract. Whether the gift contract is a practice contract or a promise contract is directly related to when the gift contract was established. Whether a gift contract is based on the delivery of the subject matter has different provisions in foreign legislation, and there are different understandings in China’s legal circles. The so-called "practice contract", also known as "material contract", refers to a contract that can be established only after the parties agree on their intentions. It is based on the agreement of the parties and the delivery of the subject matter. The so-called "promissory contract", also known as "non-material contract", refers to a contract that can be established when the parties agree on their meanings. It is based on the agreement of the parties.
The former Soviet Union and some countries in Eastern Europe regard the gift contract as a practical contract. German, Japanese and Taiwan Province in China define the gift contract as a promise contract in their legislation. In the legal field of our country, some scholars advocate that the gift contract is a practical contract; Some advocate that the gift contract is a promise contract.
In the process of drafting and amending the chapter of contract law, there are different views on whether the gift contract should be defined as a practice contract or a promise contract, and when the gift contract was established. Some people think that the gift should be a practical contract, which is established when the subject matter is delivered. Otherwise, it is unfair for the donor to reach an agreement between the parties, and if the donor fails to perform the gift obligation, it will be enforced. At the same time, it will also make the donor feel worried when expressing his willingness to give, thus giving up the idea of giving, which in turn will reduce the chances of the recipient. Some people think that the gift should be a promise contract, and the contract will be established when both parties agree. If the donor can not perform the delivery obligation before delivering the gift, and the expression of the gift is not binding on the donor, it runs counter to the principle of good faith. The material and economic preparations made by the donee for accepting the gift based on his trust in the donor can not be compensated, which is also extremely unfair to the donee. Others believe that the oral gift contract can be stipulated as effective when the property is delivered; At the same time, the written gift contract is stipulated as effective after the contract is concluded, because the parties have already concluded a written contract, indicating that their intention has been expressed more carefully, and the parties should fulfill their gift obligations according to the contract.
The provisions of the contract law indicate that the gift contract is a promise contract, and it is established when the parties agree, regardless of whether it is concluded orally or in writing, or whether the donated property is delivered. At the same time, considering that in the gift contract, it is inevitable that the donor will act on impulse, so the contract law also stipulates the application of arbitrary cancellation of the gift contract (see later).
6. The gift contract is a gratuitous contract. Whether the gift contract is an important contract or an unnecessary contract is also related to whether the gift contract is established. The so-called "essential contract" refers to a contract that must be in a certain form according to the law. The so-called "non-contract" refers to a contract that is not required by law to have a specific form. An optional contract does not exclude the use of written or notarized forms, but the form of the contract does not affect the establishment of the contract. According to the provisions of the contract law, the gift contract is an unnecessary contract. The gift contract can be in oral form, written form or notarized after the contract is concluded. No matter what form it takes or whether it is notarized or not, it will not affect the establishment of the gift contract.
There are different regulations in different countries on whether the gift contract is an unnecessary contract and whether it must be notarized. For example, Germany, France and Italy require that the gift contract be notarized. Germany stipulates that in order to make the contract of payment by gift valid, its agreement should have a notarized certificate. Those who lack the means specified in the preceding paragraph may perform the agreed payment and supplement it. France stipulates that all living gifts should be made in front of a notary by the usual contract, and the original contract should be kept with the notary, otherwise the gift contract will be invalid. Italy stipulates that the gift should be made by notarization, otherwise it will be invalid. In Japan and Taiwan Province, China, gifts are allowed in written or non-written form, and there is no requirement that the gift contract must be notarized.
Article 186 The donor may revoke the gift before the right to donate the property is transferred.
The provisions of the preceding paragraph shall not apply to gift contracts with the nature of social welfare and moral obligation such as disaster relief and poverty alleviation or notarized gift contracts.
[Interpretation] This article provides for the arbitrary revocation of gifts and its restrictions.
The arbitrary revocation of a gift means that after the gift contract is established, before the right to donate property is transferred, the donor can stop being a gift according to his own meaning. The arbitrary revocation of the gift stipulated by law stems from the fact that the gift is a free act. Even if the gift contract has been established, the donor can be allowed to cancel the gift for some reason, which is also a significant difference between the gift contract and other paid contracts. In particular, some gift contracts are concluded because of temporary emotional factors. If the donor is absolutely not allowed to cancel, it is too harsh and unfair for the donor.
However, if there is no restriction on arbitrariness, it means that the gift contract has no binding force, which is unfair to the recipient, violates the principle of honesty and credit, and is also an impact on social morality. Therefore, the revocation of the gift should have the following restrictions:
1. If the donated property has transferred its rights, the donor shall not arbitrarily revoke the gift. If a part of the donated property has been delivered and its rights have been transferred, the arbitrary revocation of the gift is limited to the part that has not been delivered and its rights have not been transferred, so as to maintain the stability of the rights and obligations of both parties to the gift contract.
2. If the gift contract is notarized after it is concluded, the donor shall not cancel it at will. In other words, the gift contract that can be revoked at will is limited to the gift contract without notarization. After the conclusion of the gift contract, the parties are notarized by the notary department, which shows that the expression of their gift will has been very cautious. Therefore, the gift contract that has been notarized shall not be arbitrarily revoked by the donor.
3. A donation contract with the nature of social welfare and moral obligation, regardless of the form in which the parties conclude it, whether it is notarized or not, and whether the donated property has transferred its rights, the donor shall not revoke it at will. Gifts with the nature of social welfare mainly refer to gifts for the purposes of disaster relief, poverty alleviation, student assistance, etc. or for financing public utilities such as public facilities construction and environmental protection. The public welfare nature of this kind of gift determines that the donor shall not revoke the gift at will. Because there are moral factors between the parties, it is not moral to allow the donor to revoke it at will. Therefore, such a gift shall not be arbitrarily revoked by the donor.
Here, we can review the provisions of the fourth draft of the draft contract law: "The donor may revoke the gift before delivering the donated property. The provisions of the preceding paragraph shall not apply to gift contracts with the nature of social welfare and moral obligation such as disaster relief and poverty alleviation or concluded in written form. "
The revision of the draft contract law mainly considers two issues. First, change "delivery" to "transfer of rights". "Delivery" only refers to the actual delivery of the physical object and belongs to the recipient. Of course, the ownership of the gift is generally transferred at the time of delivery, but there are also cases where the law provides otherwise or the parties agree otherwise. As for the transfer of rights, there may be two situations: the first situation is that the donated property has not been actually delivered, but its ownership has been transferred to the donee; In the second case, the donated property has been occupied by the donee, but its ownership has not been transferred. The "transfer of rights" is broader and more accurate than "delivery", so the draft is revised. The second is to change "concluded in written form" to "notarized". The gift contract concluded in written form is inevitably thoughtless due to temporary emotional factors, while the notarized gift contract can not be said to be careless. In order to balance the interests of both parties to the gift contract, the above amendments were made.
Article 187 If the donated property needs to go through registration and other formalities according to law, it shall go through the relevant formalities.
[Interpretation] This article is the provision that the gift of special property needs to go through relevant legal procedures.
Where the law provides that special procedures are required for the gift of property, such provisions shall be followed. This is mainly for special gifts, such as real estate. For example, in accordance with the provisions of the "People’s Republic of China (PRC) Real Estate Management Law", if a real estate is donated, it shall apply to the real estate management department for registration of property ownership change. As for whether the registration has an impact on the establishment of the gift contract, it should be determined according to the provisions of relevant laws. If the registration procedure stipulated by law is only "filing", then the gift contract should be established even though the registration procedure has not been fulfilled; If the registration required by law is an important requirement for the contract to take effect, even if it is not registered, it will not affect the establishment of the contract, but the contract will not be effective; If the registration stipulated by law is a necessary condition for the establishment of a contract, then the registration procedures must be performed if the contract is to be established, otherwise the contract will not be established.
Article 188 If the donor fails to deliver the donated property in a gift contract or a notarized gift contract with the nature of social welfare and moral obligation such as disaster relief and poverty alleviation, the donee may demand delivery.
[Interpretation] This article provides for the responsibility of the donor not to deliver the donated property.
It is the donor’s obligation to deliver the donated property to the donee and transfer its ownership according to the donation contract.
Whether the donor’s failure to deliver the donated property constitutes a breach of contract and bears the liability for breach of contract shall be distinguished according to the purpose of the gift and whether the gift contract has been notarized. According to the provisions of the contract law, in general gift contracts, the donor can revoke the gift before transferring the right to give the property. Therefore, for this kind of gift contract, if the donor does not pay the donated property, the donee can’t ask the donor to pay the donated property, and the donor is not liable for breach of contract.
A gift contract or a notarized gift contract with the nature of social public welfare and moral obligation such as disaster relief and poverty alleviation shall be deemed as a breach of contract when the donor delays or fails to perform the obligation to pay the donated property. The donee may request the donor to pay the donated property, but if the donor still fails to do so, the donee may bring a lawsuit to the people’s court and demand it to perform the gift obligation.
As we all know, in the flood fighting and disaster relief fund-raising activities in 1998, hundreds of millions of yuan of money and materials were pledged by all sectors of society, some of which were pledged orally by telephone, and some of them were donated in the form of a pledge with official seals. Whether the pledge must be fulfilled became one of the focus topics in the society at that time. It is said that donation is a gift, and the nature of the gift contract is a practical contract. Only after the donor delivers the money and goods, the contract has legal significance. Before the money and goods are delivered, if the donor reneges, he will face moral condemnation at most and will not bear legal responsibility. On the other hand, pledging in public is a means for some enterprises to expand their popularity. Before holding a press conference, holding up signs and making subtitles, the pledging unit and the recipient unit signed more donation agreements or the pledging unit issued a pledge letter, which meant that it was not prudent. Donors do not honor their pledges, and some have the ability to fulfill them but deliberately delay them; Some of them are in poor operating conditions and still owe a lot of debts, in order to promote themselves. If there is a donation agreement, a pledge is issued or a donation is announced to the public, it is not only a deception to the public, but also a violation of the principle of good faith in law. In this regard, the law should clearly stipulate that donors must fulfill their donation obligations, and if they refuse to do so, they can request the people’s court to force them to do so.
The contract law stipulates that the donation has the nature of social welfare such as disaster relief and poverty alleviation. If the donor fails to deliver the donated property, the donee can ask for delivery, which legally regulates this kind of donation behavior.
As the gift contract is a unilateral contract, only the donor undertakes the obligations unilaterally. When the donor fails to fulfill the obligation to deliver the gift property, its liability should also be limited, unlike the general bilateral contract, it should also pay delayed interest or compensate other losses when fulfilling the payment obligation. If the donor fails to deliver the donated property as stipulated in the contract law, the donee may request delivery, that is, it does not include delay interest and other damages, but is limited to the donated property itself. This provision is also consistent with the provisions of some other countries and Taiwan Province. As stipulated in Germany, the donor is not obligated to pay the delayed interest. In Taiwan Province, China, it is stipulated that when the donor fails to fulfill his moral obligation, the donee may request to deliver the gift or its price. However, it shall not claim interest or other damages for non-performance.
Article 189 Where the donated property is damaged or lost due to intentional or gross negligence of the donor, the donor shall be liable for damages.
[Interpretation] This article is a provision on the responsibility that the donor should bear for the damage and loss of the donated property caused by intentional or gross negligence.
If the donated property is damaged or lost due to the donor’s intentional or gross negligence, what kind of responsibility should the donor bear? This provision indicates that when the donated property is ineffective or no longer exists due to the donor’s intentional or gross negligence, the donor may be exempted from the obligation to deliver the donated property, but shall be liable for other losses caused to the donor.
Article 190 A gift may be accompanied by obligations.
If the gift is accompanied by obligations, the donee shall perform the obligations as agreed.
[Interpretation] This article is a provision on gifts with obligations.
(A) the concept of gift with obligations and its characteristics
A gift with obligations, also known as a gift with burdens, refers to a gift on the condition that the donee pays a certain amount to the donor or a third person, even if the donee bears certain obligations after accepting the gift. The gift with obligation is different from the general gift, but belongs to a special gift. Characterized in that:
1. Generally speaking, the donee only enjoys the right to obtain the donated property and does not undertake any obligations. For a gift with obligations, the donor attaches certain conditions to the gift, so that the donee assumes certain obligations.
2. Gifts with obligations have certain limits, which are usually lower than the value of the donated property.
3. Under normal circumstances, the performance of the donee’s obligations will not occur until the donor has fulfilled the gift obligation, but it is also acceptable unless otherwise agreed by the parties.
4. The obligations attached to the gift may be agreed to be performed by the donor, a third party or an unspecified majority.
5. Fulfilling the obligation of the gift can be an act or an omission according to the agreement of the parties.
6. The obligation attached to the gift is an integral part of the gift contract, not another independent contract.
(two) the effectiveness of the gift with obligations
1. The donee shall perform the obligations as agreed in the contract. After the donor pays the donated property to the donee, the donee shall perform its obligations according to the contract. If the donee fails to perform, the donor has the right to require the donee to perform his obligations or cancel the gift. If the donor cancels the gift, the donee shall return the donated property to the donor.
There are regulations in some countries and Taiwan Province in China that the donee should fulfill the obligation of gift according to the contract. As stipulated in Germany, if the donor has paid, he may request to fulfill his burden. If the donee fails to perform the burden, the donor may, in accordance with the provisions on the return of unjust enrichment, request the return of the gift according to the elements of the right of rescission stipulated in the contract between the two parties. For example, in Taiwan Province, China, if the donor has paid for the gift and the donee fails to fulfill its burden, the donor may request the donee to fulfill its burden or cancel the gift.
2. The donee has the responsibility to fulfill his obligations only within the value limit of the donated property. The gift is a free contract, and its purpose is to benefit the donee. If the attached obligations exceed the value of the donated property, the donee will suffer disadvantage, which is also inconsistent with the original purpose of the gift. Therefore, if the donated property is not enough to offset its attached obligations, the donee is only responsible for fulfilling its obligations within the value limit of the donated property. In other words, if the obligations attached to the gift exceed the value of the donated property, the donee is not responsible for fulfilling the obligations that exceed the value of the donated property.
German and Chinese Taiwan Province also stipulate the limits of the donee’s performance of obligations. Germany stipulates that if the value of the gift is obviously insufficient to cover the expenses required for fulfilling the burden due to the defect of the right or the gift, the donee may refuse to fulfill the burden until the insufficiency caused by the defect is compensated. If the donee performs the burden without knowing that it is defective, the donee may request the donor to repay the expenses to the extent that the expenses incurred by the donee in performing the burden exceed the value of the defective gift. In Taiwan Province, China, it is stipulated that if the gift with a burden is not enough to cover the burden, the donee is only responsible for fulfilling the burden within the value limit of the gift.
3. In the gift with obligations, if the donated property is defective, the donor shall bear the same liability to guarantee the defects as the seller within the limits of the obligations attached to the gift (see below for details).
Article 191 Where the donated property is defective, the donor shall not be liable. For a gift with obligations, if the donated property is defective, the donor shall bear the same responsibilities as the seller within the limits of obligations.
If the donor intentionally fails to inform of the defects or guarantees that there are no defects, thus causing losses to the donee, he shall be liable for damages.
[Interpretation] This article is about the donor’s liability to guarantee the defects of the donated property.
Because the gift contract is a free contract and the gift is an act for the benefit of the donee, the donor’s liability for guaranteeing the defects of the donated property is different from that of the paid contract. The connotation of this article has three aspects:
(1) If the donated property is defective, the donor shall not be liable in principle.
(2) In a gift with obligations, if the donated property is defective, the donor shall bear the same responsibilities as the seller within the limits of the obligations attached to the donee. As far as the general gift is concerned, the donor does not bear the liability for warranty of defects in principle. However, for the gift with obligations, although the donee receives benefits, he has to fulfill the agreed obligations. If the donated property is defective, it will inevitably lead to the loss of the recipient’s interests, which does not correspond to the rights and obligations stipulated in the contract, so that the recipient suffers losses. In order to protect the interests of the donee and seek fairness, the donor should bear the responsibility of defect guarantee. As far as the obligations performed by the donee are concerned, it is just like the position of the buyer in the sales contract. Therefore, the donor should bear the same liability for warranty of defects as the seller in the sales contract within the limits of the obligations attached to the donee.
(3) If the donor intentionally fails to inform of the defects or guarantees that there are no defects and causes losses to the donee, he shall be liable for damages. It is subjectively malicious for the donor to intentionally fail to inform that the donated property is defective, which also violates the principle of good faith. If the defects of the donated property cause other property losses or personal injuries to the donee, he shall be liable for damages. If the donor intentionally fails to inform of the defect, but does not cause losses to the donee, he shall not be liable for compensation. If the donor guarantees that the gift is flawless and causes losses to the donee, he shall also be liable for damages.
There are some regulations on the donor’s liability for warranty against defects in foreign countries and Taiwan Province, but there are some differences. As stipulated in Japan, the donor is not responsible for the defect or lack of the donated subject matter or right. However, this restriction does not apply if the donor knows that there is a defect or deficiency but does not inform the donee. For a gift with a burden, the donor shall bear the same guarantee responsibility as the seller within the limit of the burden. Germany stipulates that the donor deliberately conceals the defects of the right or the gift, and is liable for the damage caused by the defects of the donee. According to the regulations in Taiwan Province, the donator is not liable for guarantee if the gift or right is defective. However, if the donor intentionally fails to inform him of the defects, or guarantees that he is free from defects, he shall be liable to compensate the donee for the damage caused by the defects. If there is any defect in the gift or right attached to the burden, the donor shall bear the same guarantee responsibility as the seller within the limit of the burden borne by the donee. Thus, Japan, Germany and Taiwan Province all stipulate that the donator should bear the liability for compensation if he intentionally fails to inform the donator of the defects of the gift and causes damage to the donee. As for the liability for damages caused to the donee by the donor’s guarantee that there is no defect, Taiwan Province area of China has made provisions, but Japanese and German have not.
Article 192 If the donee is in any of the following circumstances, the donor may revoke the gift:
(a) serious infringement of the donor or the donor’s close relatives;
(two) the donor has the obligation to support and fails to perform;
(3) Failing to perform the obligations stipulated in the gift contract.
The donor’s right of revocation shall be exercised within one year from the date when he knows or should know the reason for revocation.
[Interpretation] This article provides for the statutory revocation of the donor and the period during which the right of revocation is exercised.
The legal revocation of a gift contract means that after the gift contract is established, the revocation right holder can revoke the gift under the circumstances stipulated by law. The difference between legal revocation and arbitrary revocation of a gift lies in: first, the revocation of a gift must be based on the reasons stipulated by law; Second, as long as there are legal reasons, no matter what form the gift contract is concluded or even notarized, no matter whether the donated property has been delivered or not, no matter whether the gift belongs to social welfare and moral obligation, everyone who has the right to cancel the gift can cancel it.
Gift is an act that makes the donee gain benefits. If the donee has done harm or other ungrateful acts to the donator, the law should give the donator the right to revoke the gift. The legal revocation of a gift contract is an illegal act of the donee or an act that violates the stipulations of the gift contract. The donor’s right to revoke the gift according to law is an important content of legal protection for the donor.
(a) the legal revocation of the donor
According to the provisions of this article, the three legal situations in which the donor can revoke the gift have the following meanings:
1. The donee seriously infringes on the donor or the donor’s close relatives. The main points are as follows: First, the donee committed a serious infringement, not a slight and general infringement. Second, the donee infringes on the donor himself or his close relatives, including spouses, immediate family members (parents, children, grandparents, grandchildren, grandchildren, etc.) and brothers and sisters. If it infringes on other relatives and friends, it is not included.
As to whether the recipient’s infringement must be intentional or not, the legislation of some countries and Taiwan Province is different. For example, according to German regulations, when the donee commits a major infringement or a major ingratitude to the donor or his close relatives, the donor may revoke his gift. In Taiwan Province, China, however, it is stipulated that the donee has intentionally infringed on the donor or his nearest relatives, and there is a clear penalty in accordance with the criminal law; And if the donor fails to perform the maintenance obligation, the donor may revoke his gift. It can be seen that the legal reasons for revoking the gift in Germany are relatively loose, and it does not specifically point out that it is intentional behavior, nor does it emphasize that the donor can revoke the gift if it reaches the level of crime. In Taiwan Province, China, the conditions are more strict, which is both intentional and criminal. According to the contract law of our country, as long as the donee seriously infringes on the donor or the donor’s close relatives, the donor can revoke the gift, not limited to intentional and criminal acts.
2. The donee has the obligation to support the donor and fails to perform it. The main points are as follows: first, the donee has the obligation to support the donor. Second, the donee has the ability to support the donor, but does not fulfill the obligation to support the donor. If the donee has no ability to support or has lost the ability to support, the donor does not have the right to revoke the gift.
3. The donee fails to perform the obligations stipulated in the gift contract. The main points are as follows: first, the gift contract stipulates that the donee has certain obligations. Second, the donor has delivered the donated property to the donee. Third, the donee fails to fulfill the obligations stipulated in the gift contract. In a gift with obligations, the donee shall fulfill his obligations as agreed. After the donor has delivered the donated property to the donee, if the donee fails to fulfill his obligations, the donor may revoke the gift.
In order to determine the future of the gift relationship as soon as possible, the revocation right holder shall exercise the revocation right in time according to law. The period for the donor to exercise the right of revocation is one year, counting from the day when he knows or should know the reason for revocation. This period belongs to scheduled period, that is, the exercise period of a certain right is predetermined by law, and there is no question of suspension, interruption and extension. If the holder of the right of revocation fails to exercise the right of revocation within the period prescribed by law, his right of revocation shall be extinguished.
Article 193 If the donor dies or loses his capacity for civil conduct due to the donee’s illegal act, the donor’s successor or legal representative may revoke the gift.
The right of revocation of the donor’s heir or legal representative shall be exercised within six months from the date when he knows or should know the reason for revocation.
[Interpretation] This article provides for the statutory revocation of the heir or legal representative of the donor and the period during which the right of revocation is exercised.
The right of revocation of the gift should have belonged to the donor, but when the donor died or lost his capacity for civil conduct due to the illegal behavior of the donee, the donor’s right of revocation could not be exercised in fact. Only when the donor’s heir or legal representative exercises the right of revocation can the donor’s right and willingness to cancel the gift be realized. At the same time, only when the donor can’t exercise his revocation right, the donor’s heir or legal representative has the right to revoke the gift. Therefore, the heir or legal representative of the donor must revoke the gift based on the legal situation that the donor died or lost his capacity for civil conduct due to the illegal behavior of the donee.
The reasons for the donor’s heirs to exercise the right of revocation are also different in other legislative cases. The rule in Germany is that the donor’s heir has the right to revoke the gift only when the donee causes the donor’s death due to intentional and illegal acts. It is stipulated in Italy that if the donee is sentenced for intentionally killing the donor or intentionally preventing the donor from revoking the gift, the heir of the donor can file a lawsuit to revoke the gift. It is stipulated in Taiwan Province that if the donee causes the death of the donor or prevents him from being revoked as a gift due to intentional illegal behavior, the heir of the gift may revoke his gift. It can be seen that in the case of the donor’s heir revoking the gift in Germany, there is no reason why the donee obstructs or prevents the donor from revoking the gift.
The period for the heir or legal representative of the donor to exercise the right of revocation is six months, counting from the day when he knows or should know the reason for revocation.
Article 194 Where the revocation right holder revokes the gift, he may request the donee to return the donated property.
[Interpretation] This article provides for the effectiveness of the exercise of the right of revocation.
The legal revocation right of the gift should be the right of formation, which will take effect once the revocation right holder exercises it, thus dissolving the gift relationship. When the donated property is not delivered, the donor may refuse the gift; If the gift is revoked after the delivery of the donated property, the donor or his successor or legal representative may request the donee to return the donated property.
Article 195 If the donor’s financial situation has deteriorated significantly, which has seriously affected his production, operation or family life, he may no longer perform his gift obligation.
[Interpretation] This article provides for the statutory circumstances under which the donor can no longer perform the gift obligation.
This provision shows that after the conclusion of the gift contract or after the donor has partially fulfilled the gift obligation, the donor’s economic situation has deteriorated significantly, seriously affecting his production, operation or family life, and the donor can no longer fulfill the gift obligation agreed in the gift contract or part of the gift obligation agreed in the gift contract but not yet fulfilled. If the donor no longer performs the gift obligation, it shall meet the statutory conditions stipulated in this article: First, the economic situation has deteriorated significantly, which occurred after the gift contract was established, not before it was established. If one’s own economic situation is already very bad, he still expresses his intention to give to others. In fact, his intention to give is insincere, and the gift contract has no basis for performance. Second, the economic situation has deteriorated significantly, which has seriously affected the production economy of enterprises, or made it difficult for individuals to maintain their normal livelihood and fulfill their maintenance obligations. If the above conditions are met, no matter how the gift contract is concluded and the nature of the gift, the donor can no longer perform the unfulfilled gift obligation.
Related to this, the outstanding problem in real life is that in social welfare activities such as disaster relief and poverty alleviation, some enterprises explicitly express their pledges in public or in the form of pledges, and then refuse to cash the pledged funds and materials on the grounds of poor business conditions. In this regard, can the relevant enterprises no longer fulfill their gift obligations? If the enterprise’s economic situation deteriorates significantly after the pledge, which seriously affects its production and operation, it may no longer perform its gift obligation, otherwise it shall continue to perform its gift obligation. For those enterprises that have no financial ability to donate, or even are on the verge of bankruptcy, they promote their image purely for commercial purposes, and after pledging, they say that the enterprise’s economic situation is not good enough to fulfill the gift obligation. The author believes that the provision of "can no longer fulfill the gift obligation" cannot be simply applied. If losses are caused to the donee, they should bear the liability for damages and compensate the losses caused to the donee.
When drafting the provisions of the statutory circumstances in which the donor can no longer perform the gift obligation, the question of whether the donor’s economic situation has deteriorated significantly, seriously affecting his production, operation or family life, and whether he can request the donee to properly return the donated property has been studied and discussed. On this issue, other legislative cases are also different. For example, Germany stipulates that the donor may refuse to perform the agreement given by gift because he is unable to perform the agreement because he considers other obligations he has undertaken, such as not damaging his livelihood equivalent to his own status or the maintenance obligation imposed by law. It is also stipulated that the donor may, in accordance with the provisions on the return of unjust enrichment, request the donee to return the donated goods, provided that the donor cannot maintain a livelihood commensurate with his own status after performing the gift, or cannot perform the statutory maintenance obligations for his relatives, spouses or ex-spouses. It can be seen that Germany not only allows the donor to refuse to fulfill the obligations stipulated in the gift contract, but also gives the donor the right to request the recipient to return the gift after fulfilling the gift obligation. In Taiwan Province, China, however, it is stipulated that the donor’s economic situation has changed significantly after the donation agreement. If the donation has a significant impact on his livelihood or hinders the performance of his maintenance obligations, he may refuse to perform the donation. It can be seen that its provisions do not request the return of the contents of the gift.
The draft contract law has stipulated that if the donor’s economic situation deteriorates significantly, which seriously affects his production, operation or family life, he may refuse to perform the gift obligation or request the proper return of the donated property. For this provision, some comrades in departments and units believe that it is not appropriate to make a provision that the donor can request the return of the donated property. The reasons are as follows: 1. After the gift of the property, times have changed. If the donated property has been consumed, it is difficult to return it. Especially for donations for public welfare purposes such as disaster relief, poverty alleviation, and student aid, if the money and materials have been used for donation projects, such as disaster relief materials have been distributed, and the money and materials for student aid have been built into "Hope Primary School", it is unrealistic to return them. 2. If the gift is returned, it will lead to difficulties in the life, production and operation of the donee, and it is unfair to the donee. 3. It is not conducive to the stability of the relationship between the parties to request the return of the property after it is given away. The contract law adopted the above opinions and deleted the content that "the donor can properly request the return of the donated property".