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".
Bowen College of Lanzhou Jiaotong University made a public apology for ＂female teachers being expelled for cancer＂
The picture shows that on August 22, Bowen College of Lanzhou Jiaotong University publicly apologized for the incident of "female teachers being expelled from cancer". Screenshot of official website from Bowen College of Lanzhou Jiaotong University
Lanzhou, August 23 (Xinhua)-The official website of Bowen College of Lanzhou Jiaotong University published an "Apology Letter" on the 22nd, saying that Bowen College did not know the real situation and made a decision to terminate the labor contract, and publicly apologized to Liu Yuli and his family.
The Letter of Apology said: "Recently, the society has paid great attention to teacher Liu Lingli ‘ Be expelled for cancer ’ One thing is of great concern. After Mr. Liu became ill, the college made a hasty decision to terminate the labor contract before grasping the real situation, which was really inappropriate. Just when we were discussing with you the related problems to be solved soon, Mr. Liu died unfortunately, leaving a deep regret, which is regrettable. We are very sad about the death of Teacher Liu Lingli. Because of this decision of the college, it has caused serious harm to Teacher Liu Lingli and you, and caused a bad influence in society. Here, we once again express our most sincere apologies! "
Recently, "Liu Lingli, an English teacher at Bowen College of Lanzhou Jiaotong University, was expelled from the school because of cancer, and the court ruled that the expulsion decision was invalid and the school failed to perform", which aroused widespread concern in society.
According to media reports, the document "Lan Bo Yuan Fa (2016) No.81" issued by Bowen College of Lanzhou Jiaotong University on the 22nd stated that all departments (rooms) and departments (departments) of the college were informed that according to the final judgment of the Civil Judgment of Lanzhou Intermediate People’s Court of Gansu Province (20165 Gan 01 Min Zhong No.992), Bowen College resumed Liu Lingli’s labor relations according to the first and second instance judgments. The document also pointed out that this decision will be implemented as of January 19, 2015.
Bowen College of Lanzhou Jiaotong University also pointed out in the Letter of Apology that through this incident, the college will deeply reflect, strengthen management, improve the system, and live up to the concern, support and understanding of all sectors of society. (End)
Attention should be paid to active outdoor activities of ticks in summer.
Recently, there have been many incidents of injury or even death caused by tick bites in China. So, what exactly is a tick? Where are ticks dormant? Zhao Yi, director of dermatology at Chang Gung Memorial Hospital in Tsinghua, Tsinghua University, and Andy Lau, a physician, explained the correct and effective methods for treating and preventing tick bites.
Zhao Yi said that being bitten by mosquitoes seems to be a problem that everyone will encounter in summer. Compared with mosquitoes, ticks have no wings, can’t fly, crawl slowly and don’t take the initiative to bite people, but they can also spread many diseases, ranking second only to mosquitoes in the list of disease vectors. Many people have no discomfort after the tick bite, which is difficult to be found. Many people have tick-borne diseases and can’t remember when they were bitten by ticks. A small number of people have severe allergic reactions after being bitten by ticks, but they often don’t suspect that it is caused by ticks.
Tick bites mostly occur in grasslands, bushes, forests and other places. After the bite, you will obviously see "black beans" like moles on the skin surface, which may still move and hurt when touched. Basically, it can be confirmed as a tick bite, and it needs to be treated in the hospital as soon as possible. If it is handled in time, it will not be a big problem.
What is a tick?
Acari, commonly known as creeper, belongs to Acari, Tick Superidea. It is also divided into Ixodidae, Ixodidae and Naxodidae. There are 104 species of Ixodidae and 13 species of Ixodidae recorded in China. Ticks often lodge in the fur of animals such as livestock, while in the wild, ticks mostly lie dormant in grass, plants or mountain soil in shallow hills. Acari is a crimson bug that looks like a spider. Ticks are smaller when they don’t suck blood, such as the size of a small grain of rice. After sucking blood, they will expand and look like raisins with legs.
What harm does tick bite do to human body?
The habit of ticks biting people is completely different from that of mosquitoes. Ticks suck blood with little stimulation, which is not easy for people to notice. Blood sucking needs to be attached to people or animals for a period of time, usually 3 to 4 days. Generally, it is adsorbed on the position of the body that is not easy to be found (popliteal fossa, navel, groin, etc.), and it is not easy to find.
The harm of ticks is mainly manifested in two aspects. On the one hand, it is a direct harm as a pathogen, resulting in skin damage and itching at the site bitten by ticks, and even serious allergic reactions; On the other hand, ticks are the vectors and storage hosts of zoonotic diseases. As biological vectors, ticks are known to spread 83 kinds of viruses, 15 kinds of bacteria, 17 kinds of spirochetes, 32 kinds of protozoa, chlamydia, mycoplasma and rickettsia. Tick bites are usually not too dangerous, but the diseases they spread are often more harmful and sometimes even fatal. Tick-borne diseases mainly include fever, thrombocytopenia syndrome, granulocytic anaplasmosis, forest encephalitis, Lyme fever, hemorrhagic fever, etc. These diseases can cause serious consequences if they are not diagnosed and treated in time.
How do ticks find their hosts?
Acari has a keen sense of smell, especially for animal sweat and exhaled carbon dioxide. The sensing distance can reach 15 m. Larvae, nymph and adult of ticks can suck blood, and when they are full of blood, they leave their hosts. Ticks suck a lot of blood, which can swell several times to dozens of times after being full of blood in each development period.
How to prevent being bitten by ticks?
We should try to avoid sitting and lying for a long time in the main habitats of ticks, such as grassland and Woods. If you need to enter such areas, you should pay attention to strengthening personal protection, wearing long-sleeved clothes and tightening your trouser legs and cuffs. Take a shower and change clothes when you come back, and check your body and clothes carefully to see if there are ticks biting or climbing. Remove them immediately after finding them. In addition, pesticides such as trichlorfon can be sprayed to eliminate ticks on the body surface of livestock and in barns.
What should I do if I am bitten by a tick?
In China, a large number of people are bitten by ticks every year. Is it better to pick ticks as soon as possible? The answer is yes, because if not removed, ticks will bite for a long time, suck more blood, and may release more toxins and pathogens. Therefore, it is necessary to remove the ticks on the body surface in time, but it should not be removed at will, because the ticks’ heads have inverted hooks, which leads to the tighter and tighter pulling, and it is easy to leave the ticks’ heads in the skin when they are pulled hard. Therefore, when conditions permit, it is best to seek the help of a doctor. Dermatologists usually take measures to seal the worm with paraffin oil first. After one hour, the tick basically loses its activity, and then use tweezers to pull the tick out of the skin.
If it is handled by itself, it is best to apply alcohol, oil of herb of Luofushan, kerosene, turpentine or dry tobacco oil on the head of ticks, or light mosquito-repellent incense beside it to "anesthetize" ticks and let them loose their mouths. You can also take it out vertically with pointed tweezers, and then use iodine or alcohol for local disinfection. However, whether the tick falls off by itself or is taken out manually, it is necessary to observe the physical condition at any time. When the body is unwell, such as fever or symptoms such as inflammation, ulceration and erythema at the bitten part, you should see a doctor in time. Be sure to tell the doctor about being bitten by ticks when you see a doctor, so as to help you check whether you have tick-borne diseases, so as to avoid missing the best treatment opportunity.
Early detection and treatment should be taken to deal with tick bites.
For local injuries, after removing ticks, topical anti-toxin ointment can be given to control local bacterial infection.
Experts remind that it is more important to be alert to tick-borne diseases and carry out targeted prevention and control. If Lyme disease is prevalent, systemic antibiotics should be given. It is necessary to carry out the necessary hematological and immunological examination, closely observe the symptoms of severe allergy and infection and poisoning, and rescue them if necessary.
interlinkage
How to prevent being bitten by ticks?
① Ticks generally live in wild Woods and grasslands, waiting for their hosts at the tips of grass and the tops of shrub branches and leaves. Therefore, when walking on the road, try to stay in the middle of the road and stay away from the weeds and shrubs on the roadside.
② Personal protection should be done well in outdoor activities, and professional protection should be "five tights", and cuffs, neckline and trouser legs should be tied tightly. Personal protection advocates wearing long-sleeved clothes; Don’t wear sandals, tie up your trouser legs or stuff them into socks or shoes. Wear a hat when walking in the forest to avoid ticks biting your head.
③ Check whether there are ticks on clothes after outdoor activities, and light clothes are beneficial to find ticks.
④ After outdoor activities, you should check whether there are ticks attached to your body. Tick bites generally do not spread diseases at the initial stage, which is beneficial to the prevention of tick-borne diseases. The key parts of the inspection are scalp, waist, armpit, groin and ankle.
What if I find ticks on my body?
You don’t need to be particularly alarmed after being bitten by ticks. You can handle it yourself. The sooner you handle it, the better. You don’t need to wait for medical treatment. Use pointed tweezers, with the tweezers pointed as close as possible to the skin, and then tightly clamp the tick’s head or the place close to the head, slowly exert force, and don’t twist or yank, otherwise the tick’s head will stay in the body.
Skin bitten by ticks can be washed with soap and warm water, and hands can be washed at the same time. If possible, the skin can be disinfected with alcohol or iodine.
Some methods introduced on the Internet are not recommended, such as using alcohol or other irritating drugs, and using lighted cigarettes or matches to slowly approach the tick to force it to leave. These methods are not desirable, which will make the tick secrete more saliva and increase the chance of infection. Of course, it is even more inappropriate to beat it to death by brute force.
Can you get sick after being bitten by ticks?
The probability of getting sick after being bitten by ticks is not high, especially in Beijing. At present, only ticks have been found to carry Lyme disease pathogens, and there may be anaplasma. The virus causing death cases in Henan and other places has not been found yet, but if the following symptoms appear within one month after being bitten by ticks (or after activities in hilly and mountainous areas with dense vegetation), you should see a doctor in time and inform the doctor of the activity history or biting history: fever, with the body temperature exceeding 38℃, especially high fever; Headache, fatigue, muscle aches, or joint pain; A rash, especially a gradually expanding circular rash, appears.
After 00, the social fear is all fake.
Author: Titan
Social fear and social cattle, two seemingly contradictory labels, appeared on the post-00 generation at the same time.
After 00, offline social fear, online social cattle? Do you think so? /vision china
Some people call this phenomenon "social schizophrenia" and summarize the related "symptoms"-
Years are quiet in front of acquaintances, and they immediately yell on the Internet.
Below the line, Nuo Nuo is the only one, and the online debate is clear.
The alumni group is anonymous, and the internet is exquisite.
Obviously, the first three and a half sentences represent the side of social fear, which is basically reflected in the acquaintance community or online scenes; The last three and a half sentences represent the side of social cattle, mainly arguing from a distance on the Internet, or speaking freely across the screen.
Is this contradiction and division the essential attribute of social life after 00?
Come to the conclusion first, it’s not. Social schizophrenia is only an appearance, especially the social phobia, which is mostly fake and not real social phobia.
Social fear is just a post-00 attitude.
Not character.
First of all, it should be clarified that social phobia is not like social cattle, which is purely a network term, while the former is really a mental illness.
In medicine, social phobia is defined as a clinical disease, which belongs to a kind of phobia, as well as intensive phobia, claustrophobia and agoraphobia. We often say that obsessive-compulsive disorder, anxiety disorder and phobia are juxtaposed, all of which belong to psychogenic diseases.
Real social phobia patients will have painful psychological reactions, such as palpitation and nausea, which seriously affect their work and life, and sometimes even need drug treatment.
Is it possible that social fear after 00 and Degang Guo’s "introversion" are essentially the same?
After 00, children claim to be socially fearful per capita. Obviously, it can’t be psychogenic social phobia, but they are just bored with unnecessary social interaction. This kind of boredom can be clearly felt from the attitude towards "League Building" after 00.
According to the data provided by Pulse, only 11.4% of the post-90s generation are willing to participate in the league construction, and the post-00s generation is as low as 10.2%, and this figure is still 21.6% among the post-90s workers.
After 00, I especially dislike wine table culture, and some after 90 will do the same, but the performance is different. A considerable number of people after 00 will not go to the wine table at all, and will find various reasons to refuse this occasion. If there is no way to go, they will refuse on the grounds of "I am allergic to alcohol", but after 90, they will still drink this cup half-heartedly, even if they don’t speak wine table language like those after 70 and 80.
Sang Yong is a junior in Guangzhou. She told the reporter of New Weekly that her high school class has never organized a class reunion since graduation, because "it can’t be organized". People are more inclined to go online in groups of three or five to find people to play script killing, rather than a bunch of people crowded at the table to chat.
After 00, I especially like the virtual social interaction such as script killing and escape from the secret room, but I don’t like the old-fashioned wine bureau and dinner, because virtual social interaction can avoid the torture of privacy and go straight to happiness itself. The wine bureau and the dinner table symbolize the power structure and social class. You can’t express yourself, but you can only succumb to the existing authority and follow the meaning of your elders.
The atmosphere created by the script killing has formed a strong connection between 00. /vision china
Undoubtedly, the post-00 generation flaunts its free personality, and freedom and personality are largely reflected in the courage to say "no". Flaunting social fear is not so much an intergenerational character after 00, but rather an attitude of saying "no" to unnecessary social interaction.
You know, in the eyes of "before 00", the wine bureau dinner is a necessary socialization. Because participating in these occasions means getting more familiar with elders and superiors, getting more attention from elders and superiors, and thus winning more promotion opportunities.
However, in such a period of social differentiation and mobility, the promotion is boundless and the promotion path is narrow. Instead of compromising for the so-called slim opportunity, it is better to pursue pure happiness and be yourself directly. After all, happiness is the most necessary thing.
"Social schizophrenia" does not exist.
The per capita "social cow" is after 00.
In November 2021, China Youth Daily conducted a questionnaire survey on "social fear" for college students all over the country. The results showed that 80.22% of the college students interviewed said that they had a slight "social fear"; 6.90% said that they had serious "social fear"; Another 0.64% said that he was really diagnosed as social phobia by medicine.
The social fear rate of over 80% does not affect the post-00 generation children to express themselves and make their own voices on the Internet. This is because the essence of individuality is expression and the essence of interest is sharing. As the aborigines of Internet subculture, the post-00 generation will naturally not miss all kinds of social platforms.
JK and Hanfu have been considered as the mainstream sub-cultural circles, and even the pens have circles, which is really after taking 00. /deep combustion
Even after the introverted 00, there will always be areas and platforms that are willing to speak.
Yingchao just entered the university last year. Her personality is very introverted, but she has not become a Japanese "abandoned house" generation, but a treasure youth with rich interests. Ying Chaoku loves online literature. She is not only familiar with the authors and works of all kinds of online literature, but also has numerous stories in her works. She often writes by herself and shares them with her peers.
Yingchao often argues with fellow fans because some plots are reasonable or not. This kind of argument is usually fierce. At this time, Ying Chao’s desire to express herself is very strong. She will defend herself, but when she finds out that it is really her own problem, she will also "retreat".
In the process of talking with the reporter of New Weekly, Ying Chao is confident and rational, which is almost a feeling of being a social cow. I can’t feel her fear of society at all, but in fact she doesn’t like group-building parties very much.
Some people think that the "social division" after 00 is a reflection of social fear online and offline, but this summary is not accurate. After 00, not all online social platforms will show the side of social cattle.
The most prominent example is WeChat. The reporter of New Weekly observed that some people will "operate" their circle of friends after 00, that is to say, with different moods, the content displayed by the circle of friends is also different-
When you are happy, the circle of friends will release past selfies and punch cards, and the number is generally small, with a maximum of four or five; When you are unhappy, simply don’t show anything, just leave a horizontal line.
After 00, people rarely talk in the circle of friends, but it is also WeChat. If they are in interest groups, they will be very active after 00. The reporter of New Weekly observed that the generation rate of group news for interest groups with post-00 generation as the main body is often much higher than other age groups, and it can reach 999+ in 10 minutes at the earliest. In Weibo, bilibili and other platforms, it is also very active after 00.
Online after 00 is not necessarily a social cow, and the circle of friends is the best example.
On the other hand, it is not always social fear in online and offline social interaction after 00. Especially the offline activities organized by interest groups tend to be very active after 00. The first time, the noodle base may be a little rough. Although we met, we still chatted in the group. And then the facial base will be much more active.
After 00, they like to play with stalks, often after the noodle base. They like to turn some photos of group friends with stalks into expression packs, forming a social closed loop from offline to online.
To sum up, social fear or social cattle after 00 does not depend on online or offline scenes, but on whether the social interaction you face meets your psychological needs.
For the post-00 generation, there are parents, elders and superiors in the circle of friends. Just like talking at the dinner of the wine bureau, the content sent in the circle of friends needs to be cautious, but what content is presented must be defined by itself; Weibo, bilibili and WeChat groups are extensions of personality and interests, so they can talk openly, so they are full of social cattle.
Be yourself after 00.
Also refuse atomization.
Some people attribute the post-00 social phobia to personal atomization caused by social structure.
Hannah arendt, a German political scientist, once said: "In modern society, atomized individuals are lonely, immersed in material enjoyment and completely private. Such individuals are ubiquitous and there is no strong connection between each individual."
This view is not accurate. After 00, it is indeed a generation of personality. Personality means being yourself and minimizing personal restrictions, not blindly following others. But personalization does not necessarily lead to atomization, although it seems so.
Although it is disobedient, it is also a bit cute. Will the superior be angry?
Compared with post-90s, post-00s prefer to live alone rather than share a room. Apart from avoiding unnecessary socializing, people have different living habits, and sharing a room will inevitably lead to discord in their living habits. It is better to live alone than to compromise with others. But this kind of living alone is essentially different from the Japanese abandoned house living alone.
Many young people in abandoned houses can stay at home and never see the light. Not after 00. They love light. More than that, children should make their lives colorful after 00.
00 is not like atoms or grains of sand, and there is no connection between them. On the contrary, the generation after 00 is the most closely connected with each other.
Among them, the most important thing is interest connection, especially in this process, many sub-cultural circles have been formed, such as Hanfu culture and cosplay culture, which have been regarded as the mainstream culture in sub-cultures. Once it becomes the mainstream, it will be further subdivided and extended to a smaller audience after 00.
In addition to interest connection, the generation after 00 still favors strangers to socialize.
According to the statistics of Ai Media Consulting, in recent years, the scale of social users of strangers in China has been growing, reaching nearly 650 million in 2020. Another group of survey data from Mob Research Institute shows that more than 40% of the respondents prefer to seek strangers with common interests in the online social interest tendency of the group born in 1995-2010.
There is a stranger social software called Dots, which is especially sought after by the post-00 generation. After 00, he said: "Dots is my secret garden. In Weibo, WeChat and QQ, I face acquaintances, and I have to play the established role. But in Dots, I don’t have to care about the eyes of my elders and classmates. No one will think that I am second grade and melodramatic."
The so-called social phobia and social schizophrenia are all appearances here after 00, and the real inside is the confidence, autonomy, personality and sunshine after 00.
This is not a generation lost, but an interesting generation.
(Note: Sang Yong and Ying Chao are pseudonyms)
A durian is 10 million and a banana is 1 million! Shenzhen investigates the listing price of real estate fruit patterns
The reporter learned from the Housing and Construction Bureau of Nanshan District, Shenzhen on May 25 that the "listing price of fruit patterns" on the Internet has been investigated and handled in conjunction with the Shenzhen Real Estate Agency Association. Recently, an intermediary store in Shenzhen used durian and banana as "code words", and "one durian with 10 million and one banana with 1 million" represented the housing price of a certain community, which attracted the attention of netizens.
The relevant person in charge of Shenzhen Nanshan District Housing and Construction Bureau said that after verification, the store involved was the 19th branch of Macalline Aijia (Hongshuwan Store). According to the self-discipline regulations of the industry, Shenzhen Real Estate Agency Association has recorded and handled the bad behaviors of the above-mentioned institutions and relevant personnel, and the results have been published through the public website. From May 25th, the 19th branch of Macalline Aijia (Hongshuwan Store) closed for a week. Nanshan District Housing and Construction Bureau has informed the intermediaries in its jurisdiction of the handling situation, asking them to take a warning, asking all real estate brokerage agencies and brokers to strictly implement the reference price of second-hand housing transactions, guiding rational transactions and not promoting them in violation of regulations.
In February this year, Shenzhen Housing and Construction Bureau released the transaction reference price of second-hand housing in 3595 residential quarters in Shenzhen, severely investigated and dealt with the behavior that the listed price of second-hand housing in real estate agencies exceeded the transaction reference price, guided rational transactions, stabilized market expectations and promoted the stable and healthy development of Shenzhen real estate market. (Reporter Sun Fei)
Adhering to the concept of system is the basic thought and working method of the party.
Professor, Teaching and Research Department of Scientific Socialism, Xu Haoran Central Party School (National School of Administration)
The concept of system is a complex thinking to understand and transform the objective world. Adhering to the concept of system is to understand and transform the world from the universal connection and movement changes of things in time and space. The system concept emphasizes holism, and the grasp of the overall picture of the world mainly focuses on the emergent properties (the trend and result of nonlinear interaction between parts in the whole) that "the whole is greater than the sum of parts". Looking back on the history of the Party in the past century, in the arduous struggle of socialist modernization, adhering to the concept of system has gradually become a set of basic thoughts and working methods of the Communist Party of China (CPC).
In 1956, the Eighth National Congress of the Communist Party of China announced that China society had entered socialism. Socialism — — As an ideal hope, the past came so quickly! So that many people at that time still lacked sufficient mental preparation. How socialism works, in fact, everyone is not clear! Mao Zedong later recalled: "After liberation, during the three-year recovery period, we were ignorant about construction. Then I worked on the first five-year plan, and I was still ignorant of the construction. I could only basically copy the Soviet Union’s methods, but I always felt dissatisfied and uncomfortable. "
What is socialism? The founders of Marxism put forward some basic ideas, but they did not and could not give more specific answers. At that time, in the world, only the Soviet Union built socialism independently, and there were no other ready-made examples. So, at the beginning of construction, the Central Committee of the Communist Party of China called for "learning from the Soviet Union". In society, there was a popular saying at that time: "Today in the Soviet Union is our tomorrow". However, the disadvantages of the Soviet model in the 1950s have begun to be exposed, such as: one-sided development of heavy industry, neglect of agriculture and light industry; One-sided expansion of accumulation and neglect of improving people’s lives; The economic management system is too centralized and too dead, and so on. So, what should we do about modernization? On January 25, 1956, Mao Zedong put forward at the Supreme State Council that "we should strive to change China’s backward situation in economy and science and culture within a few decades and quickly reach the advanced level in the world."
Under such a guiding ideology, Mao Zedong, after in-depth and meticulous investigation and study, formed On Ten Major Relationships, which is of overall significance to socialist modernization. Specifically, the ten major relationships mainly involve: 1. The relationship between heavy industry, light industry and agriculture; 2. The relationship between coastal industries and inland industries; 3. The relationship between economic construction and national defense construction; 4. The relationship between the state, production units and individual producers; 5. The relationship between the central and local governments; 6. The relationship between Han nationality and ethnic minorities; 7. The relationship between the Party and non-Party; 8 the relationship between revolution and counter-revolution; 9. Right-wrong relationship; 10. Relations between China and foreign countries. The beauty of Mao Zedong’s analysis of the ten major relationships is that he applied materialist dialectics flexibly. Mao Zedong said: "These ten relationships are all contradictions. The world is made up of contradictions. There is no world without contradiction. Our task is to correctly handle these contradictions. "
Economic and social system is a dynamic system, which is always in the process of movement, change and development. Before socialism appeared as an institutional form, Engels put forward from the perspective of materialist dialectics: the so-called "socialist society" is not a static thing, and it should be regarded as a society that changes and reforms frequently like any other social system. "This is a typical system dynamics thinking.
Today, Socialism with Chinese characteristics has entered a new era, and the systematic concept of "On Ten Relationships" in the past needs a new presentation. Adhering to the systematic concept has gradually formed a specific connotation to adapt to the new era. The Fifth Plenary Session of the 19th CPC Central Committee deliberated and adopted the 14th Five-Year Plan for National Economic and Social Development, and proposed that the economic and social development during the 14th Five-Year Plan period must follow the principle of adhering to the concept of system. In the new stage of development, the main contradiction in our society has been transformed into the contradiction between the people’s growing need for a better life and the unbalanced development, such as the inability to innovate to meet the requirements of high-quality development, the large gap between urban and rural regional development and income distribution.
At present, adhering to the system concept requires us to strengthen forward-looking thinking, overall planning, strategic layout, and overall promotion, coordinate the two overall situations at home and abroad, do well the two major events of development and security, adhere to a national chess game, give full play to the enthusiasm of the central, local and all parties, focus on consolidating the foundation, promoting advantages, supplementing shortcomings and strengths, and pay attention to preventing and resolving major risk challenges, so as to achieve the unity of development quality, structure, scale, speed, efficiency and security. In a word, we should analyze and solve problems from the overall perspective of the system, and understand and grasp the all-round construction of a socialist modern country from a development perspective.
Beijing： In 2023, the maximum deposit base of housing provident fund is 8,134 yuan per month.
Cctv newsAccording to the Office of Beijing Housing Provident Fund Management Committee, in accordance with the requirements of Regulations on Housing Provident Fund Management and Several Provisions on the Implementation of Regulations on Housing Provident Fund Management in Beijing, the Beijing Housing Provident Fund Management Committee deliberated and passed, and reported to the municipal government for approval, the relevant issues concerning the housing provident fund deposit in 2023 (from July 1, 2023 to June 30, 2024, the same below) are hereby notified as follows:
First, the proportion of housing provident fund deposit
In 2023, the housing provident fund will continue to implement the deposit ratio policy of 5% to 12%. The deposit unit can independently determine the specific deposit ratio within the prescribed scope according to its own economic situation, and adjust the deposit ratio when applying for the annual payment base declaration of employee housing provident fund.
Second, the upper and lower limits of the housing provident fund deposit base
The upper limit of the annual housing provident fund deposit base in 2023 is 33,891 yuan, and the upper limit of the specific deposit ratio corresponding to the monthly deposit amount is shown in the annex.
Since September 1, 2023, the minimum monthly deposit base is 2420 yuan, and the minimum monthly deposit base for employees receiving basic living expenses is 1694 yuan. For newly accepted housing provident fund personal housing loans, the monthly basic living expenses standard used to calculate the loan amount of loan applicants is implemented at 1694 yuan.
The movie ＂The Fall of Moscow＂ was finalized. On February 2, the dimension reduction storm destroyed the sky and destroyed the earth.
1905 movie network news The city of Moscow was destroyed in an instant, and the catastrophe was imminent. The sci-fi disaster masterpiece directed by director Fyodor Bondarchuk was officially released in China on February 2nd. A few days ago, the film exposed a "conan the destroyer" version of the final poster and preview, showing that the whole city of Moscow fell and the skyscrapers were destroyed in an instant. The tragic scene indicates that a "devastating crisis in Moscow" is about to detonate.
The Russian version of Independence Day was born.
The fight burst, shocking, audio-visual and dimension-reducing crit was unprecedented.
In the preview, mysterious interstellar wonders and alien creatures of different shapes appeared in turn, and the explosion scenes such as spaceship collision, high-rise collapse, city fall and gun battle blasting flashed constantly, showing the tip of the iceberg of this "shocking catastrophe" to the audience. With quick and crisp editing techniques and exciting action scenes, an unprecedented "Moscow life-and-death battle" is coming to the fore. In the tragic and shocking confrontation war, the scene of the hero and heroine embracing each other affectionately flashed by, adding a touch of warmth to the film, and the subtle and unspeakable emotions between the characters were even more intriguing.
The movie "The Fall of Moscow" is the first Russian sci-fi disaster movie about alien life invading the earth, and it enjoys the reputation of "Russian version" in the industry. The film is set in Moscow, the Russian capital. With the sudden descent of an alien spaceship, uneasy human beings and alien visitors have launched a life-and-death contest, and a war to defend human territory and dignity is about to start. Different from the previous disaster mega-system, the film not only focuses on visual effects, but also combines science fiction with love elements, which makes people look forward to it. In the poster, the eight characters of "dimension reduction attack, eternal love" are also right. The magnificent cosmic space, gorgeous and exquisite visual effects, unique and novel sci-fi settings, and the love between male and female starring actors will all bring unprecedented shocking experience to the audience.
"2018′ s strongest science fiction giant" made a heavy attack
The director of Stalingrad made a strong effort to create a "devastating crisis of the fighting nation"
Directed by Fyodor Bondarchuk, the director of the Russian Olympic film Stalingrad, the film brings together many powerful movie stars such as nanny Irina Starson, Aleksandr Petrov and Oleg Menshchikov. The film took the lead in painting in Russia, and achieved good box office results. Many film critics even praised it as a comparable and comparable sci-fi disaster film. Fyodor Bondarchuk, a well-known Russian director, who has always been familiar with filming big scenes, has already shown his strength in Stalingrad and made a blockbuster. This time, as the "2018 strongest science fiction disaster giant" that was re-directed and heavily built. "The Fall of Moscow" continues its previous level of large-scale production. Not only is the disaster scene almost real, but the sci-fi elements are even more wonderful and dazzling. The audience will be able to experience the mysterious interstellar space and the doomsday excitement in the cinema.
It is reported that the film has more than 45% special effects shots, and sci-fi elements such as aliens, new weapons and wonders of the universe will be presented one by one, which is bound to surprise the audience. In addition, there are many active equipment of the Russian army in the film, and the only active aircraft carrier of the Russian Navy is also one of the shooting locations. The movie "The Fall of Moscow" will land in the mainland cinema on February 2 to meet the audience. In this desperate contest, can the fighting nation turn the tide in the war with aliens, and what wonderful story will happen? Everything will be announced for you on February 2.
The most beautiful rich second generation actress in Chinese entertainment circle
Among the "celebrities" who can be named in the entertainment circle, although Sun Yunyun is not the most beautiful, she is definitely the most temperament and aura. As the first celebrity in Taiwan Province, her family is worth hundreds of billions, and her husband’s family is also one of the best families in Taiwan Province, which can be described as a suitable family. Fashionable Sun Yunyun is a popular indicator in Taiwan Province. Many girls pay homage to her dress, and she has a lot of appeal in the entertainment circle, and many days later she is her best friend.
I have always felt that Guan Ying exudes a unique dark noble temperament of "celebrity" from the inside out. As the most beautiful "celebrity" in the entertainment circle, Guan Ying’s development is also the best, and she is definitely not playing with tickets. She has done a great job in all aspects of drama and film hosting. As the daughter of Taiwan Province Risheng Group, Guan Ying’s financial resources need not be said. It is admirable that she can make such achievements in the entertainment circle.
The daughter of Breeze Department Store, the largest department store in Taiwan Province, and the sister-in-law of Sun Yunyun. Like her sister-in-law, Liao Xiaoqiao is also a very top celebrity in Taiwan Province. Although she is not a big hit in the entertainment circle, she is somewhat of a ticket player. Whether she is red or not is not so important. Compared with Sun Yunyun’s nobility, Liao Xiaoqiao’s style is bold and bold, and he is frequently ambiguous with male stars, which is called peach blossom.
Everyone has been amazed at Lin Chi-ling’s gentle beauty and her charming voice. Today, Lin Chi-ling is a top-ranking actress, with constant film contracts and endorsements, and her own worth is also high. But in fact, Lin Meiren is also an absolute noble family. Her father, Lin Fannan, has a career spanning aluminum products and science and technology, and also has a very wide network of contacts in politics. However, Lin Chi-ling’s upper position is still more dependent on her own. From the mediocre little model to the "first beauty" with infinite scenery, Lin Chi-ling’s acting career is really special.
Although Elva Hsiao is regarded as an "inspirational elder sister" in the entertainment circle by many people, she just made her debut and became popular all over Asia, but she still persisted after being buried in the snow and a series of changes. However, Elva Hsiao, who is actually self-reliant, is also a veritable rich second generation. His mother Ye Xiuling founded Yuanchao International Co., Ltd. in 2001. After Xiao’s death, she left Elva Hsiao with a legacy of 1 billion, and even donated NT$ 85 million to buy a mansion as a dowry. However, Elva Hsiao has been hiding her identity, and because of her attractive ability as a diva, many people ignore the truth about her rich second generation.
Today, Kelly Chen is married and has a lovely son, and her career has gradually returned to the right track, and her endorsement has continued. Kelly, who has worked hard in the entertainment circle for many years, has puzzled many people by her appearance. In fact, Kelly Chen’s father is a jewelry tycoon in Hong Kong, and he owns many expensive jewelry stores in Hong Kong, which is very expensive. However, Kelly Chen has never regarded this as a show-off capital, and has climbed to the position of diva step by step, which is a model for female stars to struggle.
He Chaoyi is a very personal actress and singer in Hong Kong, but her other identity is the daughter of the gambling king Stanley Ho. Although the gambling king’s wives have many children, He Chaoyi is undoubtedly the most beloved one. She has been regarded as the "eye of the eye" by Stanley Ho since she was a child, and the gambling king gave a large dowry of 20 million when she got married, which shows how much she cherishes this daughter.
Sweet appearance and pure temperament, Zhang Jianing absolutely kills countless otaku, and his family is a real estate tycoon with strong financial resources. On my 18th birthday, I received a luxury RV as a gift, which was astounding. Now hosting a video game show in Taiwan Province, I believe that with such a background and the advantages of appearance, there will be a lot of opportunities for drama performances in the future.
Although Mu Xiyan can only be regarded as a second-and third-tier actress in Taiwan Province, she can often see her glamorous appearance in big-name costumes in major advertisements, showing the temperament that a rich and powerful woman should have anytime and anywhere. The Yujing Energy Technology Company owned by Pan Wenfang and his uncle Pan Wenyan has a market value of more than 30 billion, and the mansion she lives in opposite the little dome is worth as much as 70 million, which is beyond the reach of the first-line actresses who have worked hard for many years. (Sohu Entertainment)
The Ministry of Human Resources and Social Security and other five departments issued a notice to deploy and do a good job in the employment and entrepreneurship of college graduates under the current
Recently, the Ministry of Human Resources and Social Security, the Ministry of Education, the Ministry of Public Security, the Ministry of Finance and the People’s Bank of China jointly issued the Notice on Doing a Good Job in the Employment and Entrepreneurship of College Graduates under the Current Situation (hereinafter referred to as the Notice), requiring all localities to implement the employment priority policy, take the employment of college graduates as the top priority, and thoroughly implement the employment and entrepreneurship promotion plan and grassroots growth plan for college graduates to ensure the overall stability of the employment level and the basically stable employment situation.
The Notice puts forward four policy measures. First, actively expand the field of employment. Support multi-channel employment, and the grassroots service project personnel who have expired and passed the examination in grassroots units below the county level in hard and remote areas can be hired to the township institutions where they serve through direct inspection; For small and micro enterprises to absorb the employment of unemployed college graduates within 2 years after leaving school and flexible employment of unemployed college graduates within 2 years after leaving school, social insurance subsidies will be given according to regulations. Encourage entrepreneurship to promote employment, strengthen innovation and entrepreneurship education, extend entrepreneurship training to the campus, relax the application conditions for business guarantee loans, and support college graduates to return to their hometowns to start businesses and innovate.
The second is to vigorously strengthen employment services. We will organize graduates to visit public employment and entrepreneurship service institutions, enterprises and entrepreneurship parks into the practice of employment guidance courses, and establish a system in which vocational instructors contact graduating classes. Organize campus recruitment activities in different levels, categories and industries, and generally push the policy list, service list and service organization contact list to graduates. We will fully integrate returned overseas students and young people from Hong Kong, Macao and Taiwan into the public employment talent service system and provide employment and entrepreneurship services equally. Support human resources service institutions to provide public employment and entrepreneurship services for college graduates. College graduates with training needs will be included in the vocational skills upgrading action, and students in vocational colleges and applied undergraduate colleges will be encouraged to obtain multiple vocational skills level certificates while obtaining academic certificates.
The third is to strengthen the protection of employment rights and interests. The provincial capital and the following cities have fully liberalized the restrictions on the settlement of college graduates, vocational college graduates and returned overseas students, streamlined the settlement certificates and simplified the procedures. Strengthen supervision in the recruitment field, severely investigate and deal with illegal activities such as "black intermediary", false recruitment, illegal detection of hepatitis B projects, and severely crack down on credit traps and pyramid schemes, fraud and other illegal and criminal activities in the name of job hunting, employment and entrepreneurship. Standardize employment signing.
The fourth is to do our best to protect the bottom. Expand the scale of employment internship, timely arrange and lock in college graduates and unemployed youth with internship needs, and help them get job practice opportunities. The scope of job-seeking and entrepreneurship subsidies will be expanded to meet the requirements of difficult graduates in secondary vocational schools (including technical colleges), and the subsidies will be adjusted to be completed before the end of October of the graduation year. We will provide "one-on-one" assistance to graduates with employment difficulties and long-term unemployed youth, and carry out job delivery activities in deep poverty-stricken areas.
The "Notice" also puts forward work requirements from strengthening organizational leadership, grasping policy implementation, and strengthening publicity and guidance.
Notice of the People’s Bank of China, Ministry of Human Resources and Social Security, Ministry of Education, Ministry of Public Security and Ministry of Finance on Doing a Good Job in Employment and Entrepreneurship of College Graduates under the Current Situation
No.72 [2019] issued by the Ministry of Human Resources and Social Security
The human resources and social security departments (bureaus), education departments (commissions, bureaus), public security departments (bureaus) and finance departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, the Shanghai headquarters of the People’s Bank of China, branches, business management departments, city center branches of provincial capitals, and sub-provincial city center branches, and colleges and universities jointly established by the ministries and provinces:
Promoting college graduates’ employment and entrepreneurship is related to sustained and healthy economic development, improvement of people’s livelihood and overall social stability. The number of college graduates has reached a new high this year, and the task of promoting employment is more arduous, so we must attach great importance to it. Under the guidance of the Supreme Leader Socialism with Chinese characteristics Thought in the New Era, all localities should fully implement the decision-making arrangements of the CPC Central Committee and the State Council on stabilizing employment, implement the employment priority policy, take the employment of college graduates as the top priority, thoroughly implement the employment and entrepreneurship promotion plan and grassroots growth plan for college graduates, expand channels, provide excellent services and strengthen protection, and ensure the overall stability of employment level and the basically stable employment situation. The relevant work is hereby notified as follows:
First, actively expand the field of employment
(1) Support multi-channel employment. Encourage college graduates to work at the grassroots level, and the grassroots service project personnel who have expired and passed the examination in grassroots units below the county level in hard and remote areas can be hired to the township institutions in the service area by direct inspection. For small and micro enterprises to absorb the employment of unemployed college graduates within 2 years after leaving school, social insurance subsidies will be given according to regulations. Social insurance subsidies shall be given to unemployed college graduates who are employed flexibly within 2 years after leaving school.
(2) Encourage entrepreneurship to promote employment. Strengthen the education of innovation and entrepreneurship, and allow undergraduates to apply for dissertation defense with their entrepreneurial achievements on the premise of meeting the requirements of dissertation specifications. Extending entrepreneurship training to campus to enhance college students’ innovation and entrepreneurship ability. Relax the application conditions for business guarantee loans, and cancel the counter-guarantee in principle for college entrepreneurs who have won the honorary title at or above the municipal level and have been assessed by financial institutions as having good credit. Support college graduates to return to their hometowns for entrepreneurial innovation, and give priority to providing loan interest subsidies, venue arrangements and financial subsidies to those who meet the requirements for starting businesses in poor villages. Support the construction of college students’ business incubator base, and give some awards to those who have settled in a large number of entities and have achieved remarkable results in promoting employment.
Second, vigorously strengthen employment services
(3) Start the information handover in advance. The education department and the human resources and social security department should simultaneously start the real-name information handover of unemployed graduates with employment intentions when they leave school, and complete it before the end of July, and ensure the integrity and information security of college graduates’ personal basic information. To improve the real-name information service system, where conditions permit, it is necessary to establish a service platform for employment management of college graduates with departmental information sharing, record the employment situation and the implementation of policy services in time, and realize dynamic management. The department of human resources and social security should provide real-name registration system service for unemployed college graduates who leave school, and provide job information, career guidance, training and probation and other service measures in a targeted manner. Colleges and universities should continue to provide employment information and guidance services for unemployed college graduates, promptly notify them to participate in online and offline campus recruitment, and all departments should also take the initiative to contact them and recommend job information.
(4) Strengthen targeted vocational guidance. Colleges and universities should strengthen students’ career development education, focus on career enlightenment for junior students, and focus on improving professional quality and job-seeking skills for senior students. Organize graduates to visit public employment and entrepreneurship service institutions, enterprises and entrepreneurial parks into the practice of employment guidance courses, and carry out activities such as simulated job hunting, on-site observation and professional experience to enhance their professional cognition and professional ability. The human resources and social security department will co-ordinate resources with the education department, and establish a system of contacting vocational instructors with graduating classes. Each class will appoint a vocational instructor to explain the employment situation, policies and job-seeking methods, strengthen the guidance of employment concepts, and promote graduates to actively find jobs and rationally choose jobs. Strengthen vocational guidance for college graduates in deep poverty areas.
(5) Focus on promoting accurate services. Education departments and colleges and universities should release relevant information about college graduates to the society in a timely manner, and organize campus recruitment activities at different levels, categories and industries. The human resources and social security department should organize public employment talents to serve in the campus, and generally push the local policy list, service list and contact list of service institutions to graduates. Strengthen the accurate delivery of employment information and use big data technology to promote intelligent matching between supply and demand. The recruitment activities and entrepreneurial services carried out by public employment and entrepreneurial service institutions and universities shall be subsidized according to regulations. We will fully integrate returned overseas students and young people from Hong Kong, Macao and Taiwan into the public employment talent service system and provide employment and entrepreneurship services equally.
(6) Give full play to the role of human resources market. We will improve the unified, standardized and orderly human resources market, vigorously develop the human resources service industry, support the development of specialized and industrial human resources service institutions, and better meet the diversified service needs of college graduates. Implement the government purchase service mechanism and support qualified human resources service institutions to provide special recruitment, employment and entrepreneurship guidance and other public employment and entrepreneurship services for college graduates. Establish and improve the information release system of supply and demand in the human resources market, timely release information such as occupational supply and demand, market wage guidance price, etc., compile a catalogue of urgently needed talents in the region and increase publicity and promotion to improve the matching efficiency of supply and demand in the human resources market.
(seven) increase the intensity of vocational skills training. Incorporate college graduates with training needs into vocational skills upgrading actions, meet employment intentions and development needs of key industries, provide targeted training programs, improve professional skills and social adaptability, and implement vocational training subsidy policies according to regulations. Among them, college graduates from poverty-stricken families, urban and rural low-income families and zero-employment families who have set up a file card will be given a certain cost of living allowance according to the regulations. We will launch a pilot system of "academic certificate+several vocational skill level certificates" to encourage students in vocational colleges and applied undergraduate colleges to actively obtain multiple vocational skill level certificates while obtaining academic certificates, so as to expand their employment and entrepreneurial skills.
Third, strengthen the protection of employment rights and interests
(8) Simplifying employment procedures. The provincial capital and the following cities should fully liberalize the restrictions on the settlement of college graduates, vocational college graduates and returned overseas students, streamline the settlement certificates and simplify the procedures. Colleges and universities can decide whether to arrange graduation physical examination according to the actual situation. Where conditions permit, they can establish a mechanism for mutual recognition of physical examination and physical examination results, and try their best to avoid cumbersome procedures and repeated physical examinations.
(9) Strengthen supervision in the field of recruitment. Strengthen the supervision of the recruitment behavior of employers and human resources service institutions, and prohibit the publication of recruitment information from containing discriminatory contents such as gender and nationality. Guide employers to formulate reasonable recruitment conditions according to the requirements of recruitment positions, and provide equal employment opportunities for college graduates with the same academic qualifications and different training methods. Improve the multi-sector law enforcement linkage mechanism, severely investigate and deal with illegal activities such as "black intermediary", false recruitment, illegal detection of hepatitis B projects, severely crack down on credit traps and pyramid schemes, fraud and other illegal and criminal activities in the name of job hunting, employment and entrepreneurship, and protect the employment rights and interests of college graduates according to law.
(ten) standardize the employment contract. Colleges and universities should strictly implement the "four no’s" regulations, and are not allowed to force graduates to sign employment agreements and labor contracts in any way. It is not allowed to link the issuance of graduation certificates and degree certificates with the signing of graduates. It is not allowed to persuade graduates to sign false employment agreements on the grounds of household registration custody, and it is not allowed to use graduate internship and trainee certification materials as employment proof materials. Human resources service institutions shall not participate in the signing of false employment agreements. In the process of signing the employment agreement, the employer shall not sign a false employment agreement, issue a false employment certificate, or breach the contract at will. Strengthen the verification of employment statistics of college graduates, improve the feedback and evaluation mechanism of employment status, and truly reflect the employment situation.
Fourth, do your best to protect the bottom.
(eleven) to expand the scale of employment probation. We will comprehensively promote the three-year internship program for millions of young people, timely identify college graduates and unemployed young people with internship needs, develop internship positions in a targeted manner, do a good job in internship services, and help them obtain job practice opportunities. The provinces and cities that undertake the task of aiding Tibet, Xinjiang and Qinghai should organize a group of people to go to the mainland for internships according to the needs of the trainees in the recipient areas. For trainee units with a retention rate of more than 50% after the expiration of the probation period, the standard of trainee subsidies will be appropriately raised.
(twelve) do a solid job in helping the difficulties. The scope of subsidies for job-seeking and entrepreneurship will be extended to qualified graduates from secondary vocational schools (including technical colleges), and the time limit for subsidies will be adjusted from the current graduation year to the graduation year, and subsidies will be distributed before the end of October of the graduation year. For private college graduates who meet the requirements, we must ensure the same enjoyment of the policy. The departments of human resources, social security, education and finance should do a good job in policy bidding, voucher simplification and fund arrangement to ensure that subsidies are paid in place on time. We will provide "one-on-one" assistance to poor families, disabled graduates, ethnic minority graduates with employment difficulties, and long-term unemployed youth who have set up a file card, tailor their job-seeking and employment plans, and carry out job-sending activities in deep poverty-stricken areas to help college graduates find jobs.
V. Pay close attention to the implementation of work responsibilities
(thirteen) to strengthen organizational leadership. All localities should adhere to the people-centered development thought, take the employment and entrepreneurship of college graduates as an important political responsibility, improve the target responsibility system for employment, and do a good job in implementation at all levels. Human resources and social security departments should strengthen overall planning, coordinate all relevant parties to promote the work, and solve the difficulties and problems encountered in the work in a timely manner. Education departments and colleges and universities should conscientiously implement the "number one" project of employment work and ensure that "institutions, venues, personnel and funds" are in place. Public security, finance, banking and other departments and units should give full play to their functional advantages and work closely together to promote the employment and entrepreneurship of college graduates.
(14) Do a good job in policy implementation. Strengthen the publicity and interpretation of employment and entrepreneurship policies, and help college graduates know and use policies in a way that young people like to see and hear. Comprehensively streamline the policy documents, and all the matters that can be inquired or promised online will no longer require the applicant to issue certificates. Accelerate the informationization of policy application, review and distribution, and ensure the timely implementation of policies. Comprehensive use of human resources market supply and demand monitoring, big data analysis and other means, closely track the impact of economic operation changes on the employment of college graduates, and take targeted policy measures in time.
(fifteen) to strengthen publicity and guidance. All localities should thoroughly study and implement the important exposition of the Supreme Leader’s General Secretary on the growth of young people in the new era, educate and guide college graduates to strengthen their patriotic ideals and beliefs, combine career choices with national development, and make contributions to the places where the motherland needs them most and the grassroots. Cultivate and carry forward the spirit of struggle, labor and craftsmanship, and set up a number of advanced models of employment and entrepreneurship. Strengthen the guidance of public opinion monitoring and public opinion, actively respond to social concerns, stabilize employment expectations, and create a good atmosphere of caring for and supporting college graduates’ employment and entrepreneurship.
Ministry of Human Resources and Social Security, Ministry of Education
Ministry of Public Security, Ministry of Finance, China People’s Bank
July 3, 2019