标签： 上海夜生活论坛

Expanding domestic demand, stabilizing economy and protecting people’s livelihood

　　editorial comment/note

　　At present, the phased results of epidemic prevention and control in China have been further consolidated, important progress has been made in resuming work and production, and the economic and social operation order has been accelerated. At the same time, the international epidemic continued to spread, the downside risks of the world economy intensified, and the unstable and uncertain factors increased significantly. General Secretary of the Supreme Leader pointed out that in the face of the severe and complicated international epidemic and the world economic situation, we should adhere to the bottom line thinking and make ideological preparations and work preparations for coping with external environmental changes for a long time. Politburo meeting of the Chinese Communist Party, held on April 17th, made it clear that the strategy of expanding domestic demand should be firmly implemented to safeguard the overall situation of economic development and social stability. In order to further understand the important role of expanding domestic demand in coordinating epidemic prevention and control and economic and social development, the Economics edition specially invited three experts and scholars today to analyze the current macroeconomic situation and deeply interpret the strategy of expanding domestic demand.

　　Jiabin

　　Liu Shijin, Deputy Director of Chinese People’s Political Consultative Conference Economic Commission

　　Han Baojiang, Director of Economics Department of Central Party School

　　Liu Yuanchun, Vice President of China Renmin University

　　host

　　Guangming Daily reporter Zhang Yan Chen Heng

　　Shijin liu

　　Han Baojiang

　　Wenchun Liu

　　Portrait: Lu Chongguang’s painting

　　1. Fully grasp the total demand situation and accurately understand the significance of expanding domestic demand.

　　Moderator: According to the economic data of the first quarter released by the National Bureau of Statistics, affected by the epidemic, although the economic growth rate of China in the first quarter decreased by 6.8% year-on-year, the decline of major economic indicators in March was obviously narrowed, and the pace of economic recovery was accelerated. Excuse me, how do you view the current macroeconomic situation in China?

　　Liu Shijin:This economic downturn is due to an unexpected super external shock, rather than problems such as serious shortage of demand and excessive leverage in the economy. It is different from the financial or economic crisis. Under the external impact of the epidemic, economic recovery depends on two factors, one is the duration of the epidemic, and the other is the degree of production capacity damage. If the epidemic lasts for a short time and the production capacity is limited, a V-shaped rebound can occur after the epidemic; If the epidemic lasts for a long time, or the production capacity is seriously damaged, it is not so easy to rebound. Therefore, in addition to controlling the epidemic as soon as possible, the short-term policy focuses on minimizing the damage to production capacity and protecting productivity. Judging from the data in March, the signs of economic recovery are obvious.

　　In this case, I think we should adopt the evaluation method of "relative growth rate" to examine China’s economic growth, that is, use the ratio or difference between China’s growth rate and the world average growth rate to evaluate China’s economic growth. The basic background of this method is that China’s economy has been integrated into the global economy to a great extent, and the impact of this epidemic is also global. Compared with the past, if this ratio or difference is stable or rising, it shows that China’s economic performance is good, and vice versa. For example, in 2019, the average growth rate of the world economy was 2.9%, that of China was 6.1%, and the relative growth rate was 3.2%; If the world’s growth rate is -2.5% and China’s is 3% in 2020, our absolute growth rate will decrease, but the relative growth rate will increase to 5.5%, then China’s economic performance will be excellent. In a word, we should treat the current economic development of China comprehensively and dialectically.

　　Liu Yuanchun:The economic downturn caused by the epidemic is completely different from the general economic crisis and financial crisis. In epidemics such as infectious diseases, economic activities are almost completely at a standstill due to personnel isolation, and the complete industrial chain breaks into a single enterprise, and products, elements and funds cannot flow normally. Therefore, in a short period of time, the economic decline caused by the epidemic is often more severe than the economic recession caused by the financial crisis. But for the economy, the epidemic is a typical exogenous systemic shock, and the resulting economic downturn is also exogenous. For example, the decline caused by the epidemic is like an emergency in the economy, while the economic crisis is more like a chronic disease caused by bad living habits. Therefore, as long as the epidemic situation can be quickly controlled and the emergency can be quickly cured, the economy may achieve rapid recovery. On the whole, although China’s economy has been severely hit by the epidemic, the basic conditions and factors supporting the long-term improvement of the economy have not changed, the trend of industrial upgrading and rapid growth of new kinetic energy has not changed, and the economic and social operation order is accelerating recovery and continuing to improve.

　　Moderator: Politburo meeting of the Chinese Communist Party, held on April 17th, made it clear that the strategy of expanding domestic demand should be firmly implemented and the expansion of domestic demand should be placed in a more important position. If we want to make a comprehensive analysis of total supply and total demand, what kind of total demand situation are we facing at present? What is the significance of putting forward the strategy of expanding domestic demand?

　　 Liu Yuanchun:According to the data of the first quarter and March, China suffered a severe total supply shock and total demand shock during the epidemic, but since March, the total demand has rebounded moderately. With the epidemic basically under control, the main macroeconomic contradiction is changing from a big impact on both supply and demand to a lack of total demand. In March, the resumption of work and production progressed smoothly, and the supply side started relatively quickly. Comparatively speaking, the recovery of demand side was relatively slow, and insufficient total demand was the main factor restricting the rapid economic recovery.

　　Specifically, the impact on consumer demand is the most obvious, 1-mdash; In March, the total retail sales of social consumer goods decreased by 19.0% year-on-year, but the decline in March was 1-mdash; It narrowed by 4.7 percentage points in February; In terms of investment demand, the epidemic has led to a rapid decline in fixed assets investment in China, which is gradually recovering. Compared with the same period of last year, although the fixed assets investment in the three major industries has dropped significantly, the growth rate of fixed assets investment in pharmaceutical manufacturing and Internet companies is significantly higher than that of the whole society. During the epidemic, more advanced technologies were widely used and the industrial structure of fixed assets investment was further optimized. In terms of net export demand, the accumulated trade surplus in the first quarter decreased by 80.6% compared with the same period of last year, but the foreign trade import and export in March was 1-mdash; In February, there was a significant improvement from the previous month.

　　The central government’s proposal to firmly implement the strategy of expanding domestic demand is conducive to maintaining the basic stability of total demand. Insufficient aggregate demand is the main problem facing the macro-economy at present, and the basic stability of aggregate demand is conducive to the stable development of macro-economy. At present, on the one hand, it is necessary for the whole industrial chain to resume production, on the other hand, it is necessary to prevent the second shutdown due to no orders and no demand after the resumption of production. In the current situation that foreign trade has not declined in an all-round way, there is a good window to boost domestic demand and prepare for shock prevention in advance, which must not be missed.

　　At present, the epidemic is spreading around the world, and the global value chain is facing a severe risk of breakage. If this situation lasts for a long time and the external demand is insufficient for a long time, it will pose a threat to the integrity of China’s industrial chain. Expanding domestic demand is conducive to maintaining domestic production capacity, maintaining the integrity and smoothness of the domestic industrial chain and creating favorable conditions for rapid economic recovery. In addition, the strategy of expanding domestic demand can not only achieve the goal of macroeconomic stability, but also guarantee the basic livelihood of grassroots people in many ways, which is conducive to maintaining the basic stability of society.

　　Han Baojiang:From the economic development history since China’s reform and opening up, the strategy of expanding domestic demand is an effective way to deal with the impact of the crisis. In 1997, in response to the impact of the Asian financial crisis on exports and utilization of foreign capital, the central government proposed "expanding domestic demand and strengthening infrastructure construction", which played an important role in minimizing the impact of the Asian financial crisis and achieving rapid and healthy economic development in China. After the outbreak of the international financial crisis in 2008, the central government made a strategic decision to deal with the impact of the crisis by expanding domestic demand, and launched a 4 trillion package of economic stimulus policies. China’s economy quickly realized a V-shaped rebound, which not only played an important role in completing the economic development goals at that time, but also made up for the shortcomings of economic and social development to a great extent by investing in infrastructure and ten strategic industries. At present, in response to the impact of the COVID-19 epidemic, the central government has made a strategic decision to expand domestic demand, not only to better hedge the external demand that has fallen sharply due to the spread of the epidemic in the world, but more importantly, to safeguard the safety of the domestic industrial chain and supply chain and to maximize the stable development of China’s real economy. By expanding investment demand, it is also conducive to speeding up the shortcomings of unbalanced and uncoordinated development and laying a solid foundation for future economic and social development.

　　By expanding domestic demand and providing more demand space for the products or services produced by enterprises to achieve a "thrilling leap", more enterprises can survive and employment, finance and people’s livelihood can be guaranteed. Moreover, to expand domestic demand, especially investment demand, there are long-term "strategic" considerations: not simply to let enterprises "survive", but also to focus on meeting the new industrial revolution, cultivating new development momentum, and increasing investment in new technologies, new industries and new business models; Focus on maintaining the relatively complete manufacturing advantages of China’s industrial chain, and increase investment in the shortcomings and weaknesses of the industrial chain in order to win a better future.

　　Liu Shijin:To cope with the impact of the epidemic and achieve steady growth, the current policy focus must be on stabilizing consumption. In the past, when we encountered economic downturn, our first thought was to expand investment demand, especially infrastructure investment, which was related to the economic structure and the growth stage at that time. For example, in 2008, in response to the impact of the international financial crisis, a 4 trillion stimulus plan was implemented. At that time, in the GDP increment calculated by the expenditure method, investment accounted for 62.8%, consumption accounted for 42.5%, and investment accounted for more than consumption, so the demand stimulus was mainly to expand investment demand. By 2019, in the GDP increment calculated by the expenditure method, the proportion of investment has dropped to 17.2%, the proportion of consumption has risen to 66.9%, and the proportion of household consumption has reached 49.5%. The proportion of consumption is far greater than that of investment, which shows that the key to steady growth at this stage should be to stabilize consumption, especially household consumption.

　　2. New opportunities, new features and new requirements for expanding domestic demand strategy.

　　Moderator: Focusing on the strategy of expanding domestic demand, the Politburo meeting of the Chinese Communist Party held on April 17th made arrangements from many aspects, such as stimulating consumption and investment, and promoting people’s livelihood security. What impact will these measures have on enterprises and individual residents?

　　Han Baojiang:The strategy of expanding domestic demand will bring many opportunities to enterprises. Expanding residents’ consumption and increasing public consumption will stimulate the demand for "high-quality necessities", such as health care, culture and entertainment, tourism and leisure, low-carbon ecology and other industries, which will usher in new and greater development space. The state will increase its investment in "new infrastructure", which is not only of great benefit to many enterprises directly related to "new infrastructure", but also can more effectively promote the development of traditional industries such as steel, cement and construction. Therefore, enterprises should closely follow the national policies and find and seize the development opportunities that suit them.

　　The positive impact of the strategy of expanding domestic demand on individual residents mainly comes from the policies closely related to the production and life of ordinary people, such as ensuring employment, ensuring basic livelihood, encouraging residents’ consumption and increasing the transformation of old residential areas. For example, under the impetus of relevant policies, enterprises’ efforts to reduce prices and promote sales will bring cheap goods and "consumer surplus" to consumers, the state encourages automobile consumption and other policies to bring new "demand satisfaction" to consumers with corresponding needs, and the transformation of old communities will directly improve the living and living quality of residents.

　　 Liu Yuanchun:It will have a significant positive impact on the development of enterprises. China is in the stage of rapid development of new industrialization, informationization, urbanization and agricultural modernization, and the investment demand potential is still huge. Judging from the published fiscal policy, effective investment will be actively expanded in the future, including the renovation of old residential areas, strengthening investment in traditional infrastructure and new infrastructure, and expanding investment in strategic emerging industries. These measures have increased the support for private capital to participate in projects in key areas, which is conducive to mobilizing the enthusiasm of private investment. Enterprises, especially the vast number of private and small and medium-sized enterprises, should seize the opportunity and expand their own development space. On April 17th, Politburo meeting of the Chinese Communist Party proposed "supporting enterprises to export to domestic market" and supporting some foreign trade production capacity to domestic market, which is also the breakthrough point for enterprises to adapt to positive macro policies and promote their own development. The benefits of individual residents in the strategy of expanding domestic demand are direct and concrete. Judging from the policies that have been promulgated, it can directly enhance the purchasing power of residents and improve the living standards of special groups.

　　Moderator: What macro-policy measures are usually adopted to expand domestic demand? What are the new features of the current domestic demand expansion strategy compared with the previous domestic demand expansion policy?

　　Han Baojiang:The macro-policy measures to expand domestic demand are mainly proactive fiscal policy and prudent monetary policy. At present, the requirements of the central government are: the proactive fiscal policy should be more active and promising, and some measures and requirements have been put forward, such as improving deficit ratio, issuing special anti-epidemic bonds, increasing special bonds of local governments, and improving the efficiency of fund use, so as to give greater play to the role of proactive fiscal policy in stabilizing the economy; A prudent monetary policy should be more flexible and appropriate, including the use of RRR cuts, interest rate cuts, refinancing and other means to maintain a reasonable and abundant liquidity, guide the interest rate in the loan market to fall, and use funds to support the real economy, especially small and medium-sized enterprises, and so on.

　　Some supply-side structural reform policies, industrial policies and social policies aimed at improving the quality of China’s economic development and improving labor productivity and total factor productivity have also been added to the policy of expanding domestic demand. These policy measures have jointly formed a "policy combination boxing" with China characteristics, which is also a policy system to realize the modernization of China’s economic governance. There are still many specific measures to expand domestic demand, and at present, there are still many tools in our policy toolbox that have not been taken out.

　　A notable feature of the current strategy of expanding domestic demand is that it does not engage in flood irrigation, but starts from promoting the high-quality development of the national economy and meeting the needs of the people’s better life, and exerts its strength from both the supply side and the demand side, aiming at the structural contradictions and shortcomings in the development of the national economy, and provides the right medicine and precise policies. The focus of the policy is to solve the problem of insufficient imbalance in the development of social productive forces, and on this basis, actively cultivate new economic growth points and form more new kinetic energy for economic development.

　　Liu Yuanchun:At present, the macro-economic policies to expand domestic demand focus on people’s livelihood assistance, economic stimulus and the reform to turn crisis into opportunity, which mainly show the following characteristics: fiscal policy expansion is the main body, supplemented by monetary policy; Take the project layout as the guide and follow up with capital investment; The combination of epidemic relief and short-term expansion, short-term stimulus and medium-term development; Based on bottom line management and camera decision-making, it will be gradually promoted in stages; Demand expansion is coordinated with supply management, consumption start-up and investment expansion are parallel, and multi-channels and multi-tools are implemented simultaneously.

　　The policy of expanding domestic demand is being implemented, and the fiscal policy includes three categories, totaling 23 items, with a total expenditure of 1.3 trillion yuan and an implementation amount of more than 500 billion yuan; Monetary policy includes 30 financial supports and a monetary policy promotion plan, with a total of 4.4 trillion yuan of financial support. In terms of consumption promotion policies, 23 departments have issued 19 categories of policies, and many places have also issued policies such as providing consumer vouchers and income subsidies in coordination with epidemic relief; The investment promotion policy focuses on old and new infrastructure, and the investment expansion policy focusing on "new infrastructure" will effectively improve short-term demand and provide a better foundation for high-quality development.

　　Moderator: Under the premise of normalization of epidemic prevention and control, promoting "six stabilities" and grasping "six guarantees" are the main focus of persisting in striving for progress while maintaining stability and grasping all aspects of economic and social development. How to combine expanding domestic demand with promoting "six stabilities" and "six guarantees"?

　　Han Baojiang:The "six guarantees" are the "policy bottom line" for implementing the strategy of expanding domestic demand. In other words, no matter the policy of expanding consumer demand or investment demand, we should make overall arrangements for the "six guarantees", the active fiscal policy should be more active in the "six guarantees", and the prudent monetary policy should be moderately loose in the "six guarantees" field.

　　Among them, I pay special attention to ensuring residents’ employment, basic people’s livelihood and market players. To ensure employment, it is necessary to do a good job in the employment of key industries and key groups, and the employment of college graduates should be the top priority in the near future. To ensure the basic livelihood, we need to do a good job in ensuring people’s livelihood, increase the intensity of poverty alleviation, and ensure that the task of poverty alleviation is fully completed as scheduled; Improve social security and ensure the basic livelihood of the people. To protect the main body of the market, it is necessary to speed up the implementation of various policies, and strive to help small and medium-sized enterprises tide over the difficulties and improve their survival and development capabilities by reducing taxes and fees, financing costs and housing rents. Protecting market players is helpful to maintain the stability and competitiveness of China’s industrial chain supply chain, and promote the coordinated resumption of production and production in the industrial chain.

　　Liu Yuanchun:The combination of expanding domestic demand and the goals of "six stabilities" and "six guarantees" embodies the basic idea of "bottom line management" of economic policy. Expanding domestic demand can not only help macroeconomic stability, but also guarantee the basic livelihood of grassroots people and help maintain social stability. Only an adequate demand management policy can ensure that the economic system can quickly return to normal after the shutdown, so that enterprises can get enough orders to maintain normal operation after the resumption of work and production, and avoid stopping work and stopping production again and dismissing workers. Therefore, demand recovery and moderate demand expansion are the most fundamental methods to ensure residents’ employment and the foundation to protect market players. It ensures the basic employment of residents and the normal operation of market players, which also guarantees the basic livelihood of the people. Wage income and operating income are the core of residents’ income and the basis of fiscal revenue. The normalization of fiscal revenue is not only the basis of various public utilities and transfer payments, but also the basis of the normal operation of local governments. In the above sense, expanding domestic demand is the core and foundation of "six stabilities" and "six guarantees" and the key to ensuring the basic operation of the economy and society.

　　Regardless of "six guarantees" or "six guarantees", the first place is employment. According to estimates, every percentage point increase in China’s GDP will bring about 2 million jobs, but every percentage point increase in GDP will bring about nearly 4 million unemployment. Therefore, we must fully realize the seriousness of completing the employment task and turn the goal of ensuring and stabilizing employment into a policy goal and policy action to expand domestic demand.

　　3. Make a good combination of policies to ensure the synergy of macro policies.

　　Moderator: The central government has proposed to hedge the impact of the epidemic with greater macro-policy, a proactive fiscal policy, and a prudent monetary policy. How can fiscal policy and monetary policy work together to expand domestic demand?

　　Liu Yuanchun:In the policy combination of crisis relief, monetary policy is often the main policy, supplemented by fiscal policy. However, this traditional coping policy faces more constraints and constraints when dealing with the economic downturn caused by the epidemic. First of all, the traditional monetary policy is to create a relaxed environment conducive to enterprise investment and household consumption by lowering interest rates and expanding money supply. However, when economic activities are interrupted and the industrial chain is broken, the cash flow income of families and enterprises is interrupted, and they are uncertain about their future expectations, and often have no willingness to expand consumption and investment. At this time, too much emphasis on monetary policy, increasing liquidity and encouraging debt consumption or investment may make families and enterprises bear a heavier debt burden. Therefore, the response of households and enterprises to monetary policy is often low. Secondly, the traditional fiscal policy helps to reduce the cost of enterprises by reducing taxes and fees, but it has limited help to expand investment demand. In the state of stagnant production activities of enterprises, tax reduction and fee reduction are conducive to reducing the fixed costs of enterprises, so that enterprises can last longer without income cash flow. However, in the absence of downstream demand, enterprises are unwilling to resume work and production, and the stimulating effect of tax reduction and fee reduction policy on expanding enterprise production and investment is limited.

　　Under the limited means of traditional monetary policy and fiscal policy, what is needed to restart the economy is a one-time total demand, especially the final demand. The expansion of final demand can realize bottom-up transmission along the industrial chain and become the exogenous driving force for the economy to break away from the suspended state. Before the uncertainty of epidemic situation and market risk are eliminated, this exogenous driving force mainly depends on government expenditure. Once the economy begins to recover, the normal economic operation mechanism will begin to play a role, and the role of traditional expansionary monetary policy and fiscal policy will gradually emerge.

　　 Han Baojiang:Theoretically, in the macro-control system, there is a division of labor between fiscal policy and monetary policy. Although both of them can play a role in expanding the economic aggregate, fiscal policy is more capable of solving structural problems and making more precise policies. Although monetary policy can also play a structural role through policy tools such as differential interest rates, its advantage is mainly to solve the problem of loose or tight aggregate. Therefore, the two should have a division of labor, give full play to their own strengths, and cooperate to avoid the hedging of policy effects. For example, the purpose of structural tax reduction is to reduce the burden on small and medium-sized enterprises. If the tax burden is reduced and the problems of difficult and expensive loans are not solved, enterprises will also be unable to live or live well. Only when the two fluctuate at the same frequency and work together can enterprises realize the real burden reduction and survive the crisis well.

　　Moderator: To maintain the overall situation of economic development and social stability, we must adhere to the new development concept, adhere to the supply-side structural reform as the main line, and persist in promoting high-quality development with reform and opening up as the driving force. How does the policy of expanding domestic demand organically cooperate with these requirements?

　　Liu Shijin:The importance of demand policy lies in responding to the short-term impact of the epidemic. From the long-term development point of view, economic recovery and development still need to rely on exerting structural potential. For decades, China’s economic growth rate has been much higher than that of developed economies, mainly relying on its structural potential. This structural potential is the late-developing advantage in economics, and in layman’s terms, it is the development potential of a late-developing economy in terms of technological progress, upgrading of industrial structure and consumption structure, and urbanization process. Therefore, the strategy of expanding domestic demand in response to short-term shocks needs to be based on the long-term and coordinated with structural potential. The effective exertion of structural potential requires the supply policy to play a greater role, which means that we must firmly grasp the main line of supply-side structural reform and promote the continuous upgrading of supply structure.

　　Supply policy and demand policy should be matched according to the different problems and main contradictions faced at different stages. For example, in the stage of epidemic control, it is necessary to increase the distribution of relevant emergency materials through supply policies, and in the stage of resuming production, it is necessary to use administrative means to promote the whole industry chain and the whole field, and then carry out corresponding demand-side policy cooperation.

　　Han Baojiang:Policies to promote demand should work together with policies to promote reform. First of all, we must adhere to the party’s centralized and unified leadership over economic work, which is the institutional prerequisite for coordinating efforts. Secondly, the supply policy should be in tune with the demand policy. In other words, it is necessary to improve the adaptability of the supply structure to the demand structure, and increase the efforts to meet the middle and high-end demand on the basis of maintaining the general demand. Facts have proved that China’s demand is not insufficient, or there is no demand, but the demand has changed, but the products supplied have not changed, and the quality and service cannot keep up. The lack of effective supply capacity has brought about a large amount of demand spillover and a serious outflow of consumption power. To solve these structural problems, we must promote supply-side structural reform. Thirdly, the supply policy should strive to be "half a beat or a beat" earlier than the demand policy, and create "new demand" with "new supply". In today’s era, the prominent feature of socialized mass production is that once the supply side realizes successful subversive innovation, the market will respond with magnificent transaction generation. This is the truth.

　　Liu Yuanchun:A few days ago, the CPC Central Committee and the State Council issued the Opinions on Building a More Perfect System and Mechanism for Market-oriented Allocation of Factors, which classified the reform directions and specific measures in the five areas of land, labor, capital, technology and data, and deployed and improved the formation mechanism of factor prices and the market operation mechanism. Global production and consumption have been comprehensively impacted by the epidemic, and China’s economic and social development is facing new difficulties and challenges. Firmly pushing forward major reforms and further improving the business environment will certainly stimulate the vitality and creativity of the whole society, release more new kinetic energy in the market, and provide a solid institutional guarantee for hedging the impact of the epidemic and increasing the stamina of China’s economic development.

　　The impact of the epidemic is accidental and phased. The demand expansion policy is mainly introduced to deal with the short-term impact of the epidemic, and the policy based on stimulation cannot be used for a long time. Therefore, the demand policy should be exerted moderately and should not be overexerted. To achieve the annual economic and social development goals and promote high-quality economic development, we must focus on long-term development and firmly grasp the main line of supply-side structural reform.

Chapter XI Gift Contract of Specific Provisions

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

The main force of soda ash in the chemical sector rose by nearly 3%


name of commodity spot price treaty futures price Basis difference Basis rate natural rubber 17010 2501 18005 -995 -5.85% pulp 6240 2501 5770 470 7.53% butadiene rubber 15030 2501 13610 1420 9.45% pta 4915 2501 4882 33 0.67% glass 1256 2501 1308 fifty-two 3.82% methyl alcohol 2470 2501 2483 minus thirteen -0.53% urea 2188.75 2501 1785 403 18.41% soda ash 1670 2501 1482 188 11.26% Polyester staple fiber 7226.67 2502 6946 280 3.87% PX 7300 2501 6796 504 6.90% caustic soda 1022 2501 2631 562 17.60% Bottle slice 6170 2503 6192 -22 -0.36% polyvinyl chloride 5216 2501 5335 -119 -2.28% polyethylene 8596.67 2501 8223 373 4.34% polypropylene 7585.71 2501 7436 149 1.96% glycol 4608.33 2501 4579 29 0.63% styrene 8860 2412 8310 550 6.21% No.20 glue 14457 2501 14300 157 1.09%

Can plants really cause cancer？ These three ＂carcinogenic plants＂ can be safely raised as long as they are not eaten.

　　In recent years, I have often met some friends who sent me some pictures of potted plants, saying that I suddenly saw on the Internet that they were carcinogenic plants, but I happened to have them at home. I am very worried. Do you want to throw them away? Some micro-friends even sent links to articles, such as "Don’t leave these 52 kinds of cancer-causing plants at home", "Please stay away from these cancer-causing plants" and "80 kinds of common toxic or cancer-causing plants" … What’s more, it is said that a couple of flower farmers who have been planting flowers for a long time in Foshan City have suffered from nasopharyngeal carcinoma.

　　For a time, flower friends talked about the change of colors, "expelling the culprit of cancer" and "cleaning up the door", which meant that these plants were wiped out. In fact, is this really the case?

　　The statement comes from a paper nearly 30 years ago.

　　It is understood that this statement originated from a paper "Screening of Chinese Herbs and Plants Inducing Early Antigen Expression of Epstein—Barr Virus" by Academician Ceng Yi from Institute of Virology, Chinese Academy of Preventive Sciences. According to the article, "1693 species of plants (Raji cells with EB virus as experimental objects) were screened, and 52 of them were found to have the effect of inducing the early antigen expression of EB virus". And these 52 plants happen to be the "52 carcinogenic plants" transmitted by the Internet.

　　This paper was first published in 1992, almost 30 years later. The news of cancer-causing plants still appears in tabloids, Weibo and friends circle from time to time, and is often mentioned by people. Let the flower growers tread on thin ice, and create many unjust, false and wrong cases of flowers and plants.

　　Epstein-Barr virus is a virus isolated from people with lymphoma. 90%-95% people have been infected by this virus, but most of the time it will not affect human health. Only under the external stimulation, EB virus will suddenly "wake up" and start to replicate in large numbers, which will make the signal pathway controlling normal differentiation and proliferation in cells abnormal, thus causing cancer. Horribly, the activity of EB virus will promote other carcinogenic viruses (such as SV40 virus) to start activities.

　　It is found that the secondary metabolites produced by some plants can activate EB virus, make it wake up and become an active replication state, so these secondary metabolites are called "cancer-promoting" substances. For example, croton oil extracted from croton seeds has a strong ability to induce early antigens of EB virus.

　　However, it can be seen from the above description that plants themselves do not produce EB virus, and even some cancer-promoting substances released into the soil through fallen leaves or roots are only accomplices, not masterminds, in causing cancer. Therefore, the statement that these plants "contain carcinogenic viruses" on the Internet is groundless and a misunderstanding of scientific papers.

　　Plants containing cancer-promoting substances can still be domesticated.

　　Can 52 kinds of plants containing cancer-promoting substances detected by academicians still be raised in their own homes? This is probably what all flower lovers are eager to know.

　　The answer is, of course, yes. These plants, if you don’t eat them and maintain them normally at home, will not cause harm to the human body.

　　If these chemical cancer-promoting substances in plants are taken out and identified, they are just secondary metabolites of plants, and they are a large number of chemical synthetic products with complex structures that are not directly involved in plant growth and development. Plants use these compounds to improve the body’s ability to resist the invasion of the external environment, such as driving away hateful pests, transmitting useful information between plants, dealing with diseases and various unfavorable factors in the surrounding environment, and attracting "matchmakers" or "bodyguards" who help themselves pollinate …

　　Human beings are no strangers to the secondary metabolic "products" of plants, such as rubber, spices, essential oils and so on. The content of these secondary products in plants is not high. Most of the time, they stay quietly in plants and are released only when plants are in danger or their limbs are damaged. Only when these products enter the intruder’s body will they have the effect of poisoning or driving away; For flower growers, only when they enter the human body can they induce cancer.

　　Emphasize that it only induces cancer and promotes cancer, but it is not carcinogenic.

　　Some people may ask, I usually don’t eat potted flowers or move potted flowers, so will the secondary metabolites in these potted flowers float in the room in the form of gas, thus promoting cancer?

　　"It’s all hooliganism to talk about toxicity regardless of dosage". Generally speaking, the secondary substances in plant defense system have large molecular weight and poor volatility. Unlike esters and alkanes which are easy to volatilize in plants, they are mostly water-soluble secondary substances, and almost lose their volatilization ability in plants with high water content. The dose that can be volatilized into indoor air is very small, and they pose a cancer threat to people, even less than smoking a cigarette and breathing automobile exhaust.

　　In the book "Volatile Gases from Plants and Human Health and Safety", the volatile components of Rosa davurica, one of the "52 Carcinogenic Plants", were detected. The results showed that no cancer-promoting components were detected in its volatile components. Therefore, flower friends only need to know the properties of these plants and the characteristics of toxins in their bodies, and they can coexist peacefully with these plants without any burden without touching or eating them.

　　illustrate

　　Three so-called "carcinogenic plants"

　　As long as you don’t eat, you can rest assured.

　　Let’s find out three so-called "cancer-causing plants" that are common indoors in northern China for the time being, and here we will break them down one by one.

　　dripping guanyin

　　Drip Guanyin is very suitable for keeping indoors. Staggered leaves, shaped like cattail fans, protrude from the base of brown leaves wrapped in layers, giving off a shiny luster. Drip Guanyin is resistant to shade, and its huge leaf surface can absorb dust and toxic gases in the air. Watered enough water the night before, and got up the next day to observe the leaves. There must be glittering and translucent "water drops" hanging on the tip of the leaves. That is, use toilet paper to absorb the water droplets on the tip of the leaf, and in a short time, a "pearl" will be hung on this part.

　　This is because the dripping Guanyin, which originated from the bottom of the tropical rain forest, can "sweat" like a human being. When it feels hot and humid, and there is too much water in its body, it will excrete the water together with the toxin alkali secreted by pests through its own catheter, and condense it into "water droplets" at the tip of the leaf. This water drop is actually the secret weapon of dripping Guanyin. Small insects that come here for food will be doomed if they drink this honey dew as dew or accidentally touch it. Drinking "honey dew" will make small animals’ mouths red and swollen or suffocate because of heart paralysis; Once the honey dew touches the skin, the skin immediately itches and swells; If the eyes touch the "water drops", it will cause severe conjunctivitis and even blindness … People accidentally touch it, and it is the same symptom. It is also reported that some people saw that the massive stem of Drip Guanyin was very white, a bit like a potato and watery, so they couldn’t help licking it and wanted to taste the juice inside. I didn’t expect this lick to bring disaster-swollen lips, sore throat and numb tongue.

　　In fact, in plants, it is very common that the roots and leaves of plants contain toxins. The dripping Guanyin belongs to Araceae, and most of the plants in this family are poisonous, such as tortoise-back bamboo, evergreen and green radish.

　　crown of thorns

　　Red flowers, rising slowly from the hard and pointed cone thorns, are delicate, charming and graceful. During the Spring Festival, the blooming Rosa davurica will add a lot of spring scenery to the living room, which is also the reason why northerners love Rosa davurica. It is not afraid of drought, waterlogging, shade and sun, and it is very easy to feed.

　　Its vitality is super strong: if you don’t water it for half a year, you won’t get the sun, but you can live in a decent way, and the cute little buds with pink branches will bloom again. Even if you cut a branch and let it lie on the ground, you can grow roots, and green buds will burst out on the branch.

　　Rosa davurica, also known as begonia, is a member of Euphorbia in Euphorbiaceae. Euphorbia plants have a common feature: white milk will be secreted from the wound after the plant is injured. This kind of milk is a diterpenoid compound with special structure, which is toxic. This is also a "sharp weapon" for such plants to protect themselves and prevent pests and diseases from invading during the evolution process. The white milk secreted by the "wound" of Rosa davurica also stimulates human skin and mucous membrane. Eating it by mistake will cause nausea, vomiting, diarrhea and dizziness.

　　iris

　　Iris, which we often say, is not a plant, but a general term for iris plants. Its German Iris, Iris, Iris and Cynthia are all called Iris in principle.

　　Iris plants have bright and beautiful colors. The Latin name iris comes from Greek and is the name of Iriz, the goddess of the rainbow. It can be seen that the colors of iris plants are as colorful as rainbows. It is common to have two or three colors on a flower, which is the eternal darling of horticulture. According to the internet, the rhizome of iris can be used as emetic and cathartic, and can also be used as medicine to treat dizziness and toxic swelling. Eating its flowers, leaves and roots will cause gastrointestinal congestion and severe diarrhea.

　　As can be seen from the above examples, whether these plants cause cancer depends on whether you eat them or want to grow them in flowerpots for viewing. If it is only the latter, you can raise these plants with peace of mind. According to some data, 97% of the 368 kinds of flowers planted at home are beneficial to human health. Of course, we have to emphasize the four basic principles of peaceful coexistence with domestic plants-no matter what flowers are raised at home, don’t import them; Try to avoid zero-distance contact with plant secretions; Wash your hands after handling plants; Open the doors and windows to let the air circulate. Qi Yunzhi/Wen Ning Feng/Tu

Source: Huashang. com-Huashang Daily

How big is the new consumption driving the economy？

Recently, Hebei, Sichuan, Inner Mongolia, Gansu and other provinces have successively introduced implementation plans to expand consumption in key areas such as tourism, culture, sports and old-age care.

These "local versions" of the implementation plan are intensively introduced, and an important purpose is to actively expand emerging consumption, increase effective supply in the consumption field, and give full play to the basic role of consumption in economic growth.

In recent years, with the end of imitative wave-exclusion consumption stage in China, personalized and diversified consumption has gradually become the mainstream, and new consumption represented by service consumption, information consumption and fashion consumption has developed rapidly. The central and local governments are actively taking measures to release consumption potential to ensure that consumption continues to play a fundamental role in promoting economic development.

So, how big is the pulling effect of these new consumption on economic growth?

Promote economic growth to stabilize.

Consumption, investment and export are the "troika" to stimulate economic growth. For a long time in the past, China’s economic growth was mainly driven by investment and export, while consumption contributed less to China’s economic growth. In 2008, the contribution rate of China’s final consumption expenditure to GDP growth was only 45.7%, far below the level of most developed countries.

However, as governments at all levels speed up structural adjustment and promote industrial upgrading, the contribution of consumption to economic growth is constantly improving. In the first half of this year, the contribution rate of China’s final consumption expenditure to economic growth was 63.4%, ranking first in the "troika".

While the contribution rate of consumption to GDP growth has steadily increased, the pace of consumption structure upgrading has also been further accelerated. In recent years, with the change of Chinese residents’ consumption from paying attention to the satisfaction of quantity to the pursuit of quality improvement, and from tangible goods to more service consumption, the sales of quality-upgraded goods such as communication equipment, automobiles, housing-related goods and cultural goods are booming, and service consumption such as mass catering, cultural entertainment, leisure tourism, education and training, medical and health care, and health preservation has become a new consumption hotspot.

Pan Jiancheng, deputy director of the China Economic Prosperity Center of the National Bureau of Statistics, said that China’s current economic aggregate has jumped to the second place in the world, and it is in the stage of moving from middle income to high income countries. In this process, people have gradually changed from satisfying food and clothing and material wealth to satisfying spiritual needs, which will objectively bring about a fundamental change in consumption behavior. Moreover, the process of consumption upgrading often has a strong agglomeration effect, and people’s demand for emerging consumption is often explosive, which greatly shortens the time period from germination to active consumption.

Many economists pointed out that, from the mechanism point of view, the pulling effect of new consumption on economic growth is no different from that of traditional consumption, but the rapid growth of new consumption will drive the development of service industry, better hedge the downward pressure on the economy and ensure the steady economic growth.

Ning Ji Zhe, director of the National Bureau of Statistics, wrote that "most of the service industries are not capital-intensive industries and are less affected by investment fluctuations; Most of them are rooted in the local market and are less affected by fluctuations in the international market; High degree of product differentiation, less affected by demand fluctuation; Mainly driven by consumption, and consumption growth has strong stability, so the development of service industry can smooth economic fluctuations and enhance economic stability. Because the service industry is not sensitive to economic cyclical changes, it plays an important role in ironing out economic fluctuations. "

As the proportion of service industry continues to increase, the fluctuation of China’s economic operation is obviously reduced. The data shows that from 2011 to 2015, the standard deviation of GDP growth rate was 1 percentage point, while from 2006 to 2011, the standard deviation of GDP growth rate was 2.1 percentage points.

Drive the economic structure to optimize.

Many experts admit that the biggest contribution of new consumption to macroeconomic operation lies in further promoting the optimization of economic structure.

"The development of new consumption requires suppliers of goods and services to continuously improve the supply level, especially to enhance the supply capacity of high-level and personalized products or services, and constantly form new consumption points." Li Zuojun, deputy director of the Institute of Resources and Environmental Policy of the State Council Development Research Center, said that the upgrading of consumption structure will force the transformation and upgrading of supply to a great extent.

The rapid development of these new consumption has led to the adjustment of the supply system and the rapid development of the service industry, especially the middle and high-end service industry.

For example, with the rapid development of information consumption, a new generation of information technology, represented by cloud computing, big data, Internet of Things and artificial intelligence, has been bred and flourished, and the Internet has become the leading force of innovation-driven development, occupying the initiative in international competition.

From 2013 to 2016, China’s Internet industry maintained a rapid growth trend. The operating income of Internet access and related services, Internet information services, software and information technology services and other Internet service enterprises above designated size increased by 21.5%, 32.4%, 17.5% and 28.0% respectively.

In the process of the supply system represented by the service industry moving towards the middle and high end, the economic structure of the whole society is also changing quietly, the first is the employment structure.

In recent years, despite the shift in China’s GDP growth rate, the overall employment situation has remained stable, which is closely related to the continuous development of the service industry and the increasing employment scale. "At present, the proportion of the primary industry in China is gradually declining, and the proportion of the secondary industry is changing slowly. Even due to structural adjustment, transformation and upgrading, the ability to absorb labor has declined, while the service industry has absorbed most of the labor transferred from the primary industry." Li Zuojun said.

With the formation of new consumption hotspots, the development of high-end service industry has entered the fast lane. In the first half of this year, the number of employees in service enterprises above designated size increased by 5.6% year-on-year, which was 4.9 percentage points higher than that in the secondary industry. Among all the newly added employees in enterprises above designated size, the newly added employees in service industry accounted for 73.7%, which was 47.5 percentage points higher than that in the secondary industry.

Another important change brought by new consumption to the economic structure is also reflected in the investment structure. For example, with the upgrading of residents’ consumption structure, investment in people’s livelihood areas such as tourism, culture, sports, health and wellness, education and training has grown rapidly. In addition, with the rise of information consumption, e-commerce, digital media and other modern service industries, which are mainly supported by high technologies such as information networks, are emerging one after another, and investment has also maintained rapid growth.

Promote the development of kinetic energy and accelerate the transformation

With the rapid development of new consumption, the emerging service industry has shown a good trend of vigorous development. It is worth noting that the development of emerging service industries is different from traditional service industries, and it emphasizes the important value of innovation drive.

Pan Jiancheng said that the accelerated development of emerging service industries can not only drive a number of traditional industries such as bicycle manufacturing to accelerate the pace of transformation and renew their vitality, but also provide a broader stage and unlimited imagination for innovative entrepreneurs, so that they have more opportunities to shine, which will provide important support for the formation of a new pattern driven by innovation.

In recent years, with China’s active development of service-oriented manufacturing and producer services, and accelerating the coordinated development of manufacturing and service industries, producer services have played an active role in helping manufacturing enterprises to reduce the cost of technological innovation, shorten the cycle of technological innovation, and realize the immediate transformation of innovation results, leading the new kinetic energy of China’s economic transformation and upgrading to accelerate growth. In 2016, the added value of industrial strategic emerging industries increased by 10.5% over the previous year, which was 4.5 percentage points higher than that of industries above designated size. At the same time of accelerating the development of strategic emerging industries, new products that meet the needs of structural upgrading and consumption are constantly emerging.

Xu Jianyi, director of the Service Statistics Department of the National Bureau of Statistics, said that with the continuous efforts of the "internet plus" policy and the active promotion of the national big data strategy, the number of Internet users, especially mobile Internet users, has increased rapidly, and the Internet economy has greatly changed people’s production and lifestyle, which has spawned many new modes of online and offline integration and promoted service innovation.

For example, the travel sharing platform represented by "mobike" and "Didi Chuxing" brings more convenience for people to travel; The knowledge service platforms represented by "Pig Eight Rings", "Zhihu" and WeChat WeChat official account provide new channels for service skill trading, knowledge realization and knowledge sharing. The housing sharing platform represented by "short rent Ant" and "short rent Pig" has greatly increased the utilization rate of vacant houses, and created a "human touch" short rent era.

In addition, with the rapid development of new consumption, the demand for personalization and diversification is released rapidly, which also provides more space for entrepreneurship and triggers a new wave of entrepreneurship.

Experts pointed out that the service industry does not require high capital scale, and the threshold and difficulty of starting a business are lower than that of manufacturing industry. In addition, in recent years, China has increased the power of simplifying administration, accelerated the pace of "reform of the business system" in the service industry, and comprehensively promoted the reform of the commercial system. The continuous release of the development potential of the service industry will promote the accelerated agglomeration of new development kinetic energy and make the service industry more dynamic in stimulating national economic growth in generate. (Economic Daily China Economic Net reporter Lin Huocan)

Export to domestic sales： how？ How to stabilize？

On November 18th, in the weaving workshop of Baoji Dadi Textile Co., Ltd., workers were stepping up the production of domestic medical clothing fabrics. Our correspondent Wang Ling photo

On November 18th, in the weaving workshop of Baoji Dadi Textile Co., Ltd. (hereinafter referred to as Dadi Textile) located in Zhouyuan Town, chencang district, workers were stepping up the production of products ordered for domestic sales. As a key foreign trade enterprise in Baoji, the company mainly focuses on cloth production and foreign trade sales, and its products sell well in more than 40 countries and regions such as the United States and South Korea.

Affected by the COVID-19 epidemic, the company’s foreign trade export orders were seriously affected this year. In order to achieve steady development, Dadi Textile changed its thinking and management mode, and actively explored the domestic market. Liu Hongbing, the general manager of the company, led the sales staff to participate in the exhibitions of fabric accessories all over the country non-stop, and signed large sales orders on the spot through frequent communication with local merchants, effectively alleviating the impact of the epidemic on the company’s exports. By the end of October, the company had achieved sales of 46 million yuan, and the annual sales revenue is expected to exceed 100 million yuan.

Support the development of products with the same line, standard and homogeneity.

Accelerate the market access for domestic sales; Make full use of online sales, live delivery, scene experience, etc. to promote the integration of online and offline development; Give full play to the role of special funds for foreign trade and economic development, and support foreign trade enterprises to participate in online and offline domestic exhibitions … Recently, the general office of the provincial government issued "Supporting Measures for Supporting Export Products to Domestic Sales" (hereinafter referred to as "Supporting Measures") to help Shaanxi foreign trade enterprises explore the domestic market, and strive to help foreign trade enterprises tide over the difficulties and stabilize the basic foreign trade market.

It doesn’t sound difficult to turn foreign trade into domestic sales, but it’s not easy to realize the transformation. Due to the different domestic and foreign trade market environment, foreign trade enterprises often face some specific difficulties in expanding the domestic market, including the difficulty in expanding sales channels, the difficulty in turning production lines and the difficulty in brand building.

"Foreign trade exports are mainly order-based sales. After switching to domestic sales, enterprises lack market sales channels and are unfamiliar with market access and sales rules. It is more difficult to win domestic orders." Wang Zhigang, general manager of Xi ‘an Shengxuerong Cashmere Products Co., Ltd. (hereinafter referred to as Shengxuerong) said frankly. At the same time, domestic and international standards are inconsistent, and foreign trade products that are sold domestically need to be adjusted and transformed according to domestic standards, otherwise they cannot be sold domestically. In addition, some foreign trade enterprises are not well-known in the independent brand market, and it is also difficult to enter the domestic high-quality retail channels.

Based on this, the "Supporting Measures" first focuses on supporting export products to enter the domestic market, including accelerating the market access for domestic sales; Promote the development of "same line, same standard and homogeneity"; Strengthen intellectual property protection, etc. For example, support enterprises to develop products with the same line and the same standard and homogeneity, and encourage more foreign trade enterprises to participate in the special action of "100 cities, 1,000 industries and 10,000 enterprises" to upgrade the standards; Carry out the evaluation of foreign trade enterprise standards "leaders" and create a number of foreign trade enterprise standards "leaders".

According to Tang Yugang, deputy director of the Provincial Department of Commerce, in the context of weak global external demand, the accelerated release of domestic demand provides opportunities for foreign trade enterprises to switch to domestic sales, and supporting marketable export products to expand the domestic market can not only help foreign trade enterprises tide over the difficulties, but also further stimulate domestic consumer demand.

Accurately meet domestic consumer demand

What is the first step to enter the domestic market? Many foreign trade enterprises have turned their attention to the e-commerce platform.

Pingli County Nuwa Tea Co., Ltd. is a key export enterprise in the county, and its products are exported to overseas markets such as Southeast Asia and Africa. This year, the company vigorously explored the domestic market, selling tea online through Taobao Tmall, Tik Tok and other platforms, and offline through the company’s direct stores in Xi ‘an, Ankang, Pingli and other places. Up to now, the sales have reached 30 million yuan.

On June 18th, 11 e-commerce and commerce circulation enterprises, including Xi ‘an Chengcheng Yulang, Alibaba, Supply and Marketing Daji and 51 Barter Network, docked with more than 40 foreign trade enterprises in the province, and many enterprises reached cooperation intentions. Thirteen foreign trade enterprises registered online stores on Alibaba platform to expand domestic sales.

In addition, our province also held a series of activities of exporting products to domestic market with the theme of "Foreign Trade Premium Collection Dressing up Pedestrian Street" in Datang City, Xi ‘an. 121 foreign trade export enterprises in the province participated in the exhibition, and the products on display involved more than 500 kinds of high-quality foreign trade export products in five categories, including consumer goods, specialty agricultural products, textiles and clothing. More than 100 domestic trade circulation enterprises and well-known e-commerce platforms participated in the procurement, and a live webcast room was set up to build domestic and foreign trade integration, online and offline for enterprises. During the event, nearly 30 enterprises inside and outside the province signed centralized contracts for export to domestic sales, with a contract amount of 70.4 million yuan.

"There are problems such as inconsistent product positioning at home and abroad and unstable domestic sales channels when exporting to domestic sales." Ling Tingting, director of the office of Pingli County Nvwa Tea Co., Ltd. said that products that sell well abroad may not sell well in the domestic market, and they should be adjusted by themselves according to the demand characteristics of the domestic market. In this regard, the "Supporting Measures" proposes to guide enterprises to accelerate the transformation of development mode, research and develop marketable domestic products through personalized customization and flexible production, create their own brands, and accurately meet the demand for consumption upgrading in the domestic market.

In order to alleviate the loss of a large number of cancelled foreign trade orders caused by the epidemic, Shengxuerong actively cooperated with domestic and foreign trade enterprises and online sales platforms to sell cashmere products, and on the other hand, customized cashmere products for customers through personalized customization to expand the domestic market. "We should enhance our innovation ability and enhance the core competitiveness of products exported to domestic market." Wang Zhigang said.

Do a good job in financing services and support.

Foreign trade plays an increasingly important role in the economic development of our province. In 2019, the total import and export volume of our province was 351.58 billion yuan, which directly led to employment of about 2 million people. In order to help export to domestic sales, our province’s financing, insurance and other policy support is increasing.

The "Supporting Measures" clearly stipulates that banks are encouraged to provide loans to foreign trade enterprises, and guarantee institutions provide guarantees for foreign trade enterprises’ loans, and provide risk compensation for qualified small and micro foreign trade enterprises’ loans; Implement various policies to reduce the RRR and interest rates, and guide financial institutions to focus on supporting foreign trade enterprises and projects that export to domestic sales; Support intellectual property pledge financing business of foreign trade enterprises and open a green channel for intellectual property pledge registration in Xi’ an agency; Support insurance institutions to carry out domestic trade credit insurance, and provide risk protection for credit sales formed in enterprise trade and labor activities.

Improve the level of facilitation of domestic sales. Xi ‘an Customs shall declare the processing trade enterprises that meet the requirements and can go through the domestic tax collection procedures in a centralized way before 15th of each month on the premise of not exceeding the validity period of the manual (account) or the deadline for verification, and adjust it to declare within 15th day after the end of each quarter at the latest.

"The series of measures introduced this time to support the export to domestic sales are of great help to enterprises, which provides a guarantee for enterprises to expand the domestic market and has strong operability." Liu Hongbing said.

The relevant person in charge of the Foreign Trade Department of the Provincial Department of Commerce said that it will give full play to the role of special funds for foreign trade and economic development, support business training, publicity and promotion, information services related to export-to-domestic sales, and support foreign trade enterprises to participate in online and offline domestic sales exhibitions; Subsidies will be given to the expenses of equipment procurement or transformation, self-owned brand construction and promotion, domestic trademark registration and qualification certification generated by enterprises affected by the epidemic.

Tang Yugang believes that encouraging financial institutions to increase credit support for foreign trade enterprises will help enterprises solve the problem of tight capital chain, thus helping enterprises tide over difficulties and recover and grow rapidly. "Only by retaining the green hills can we win the future." Tang Yugang said.

Between ＂family＂ and ＂self＂, the married man has perfected the art of ＂carrying water＂

　　CCTV News:The Survey of Good Life in China pays special attention to the consumption characteristics of married men. Where do they spend more? What are the differences between the consumption characteristics of married men in different regions? Let’s take a look.

　　According to the data of China Good Life Survey, married men have a strong sense of family responsibility. Cars, housing and insurance are their favorite consumption, and their consumption in these three aspects is obviously higher than that of men in other States. At the same time, however, they have the greatest pressure to shoulder family responsibilities, and they spend the least on entertainment consumption such as tourism, culture and entertainment. Another interesting discovery is that responsible married men are more eager to get promoted in education and training. Being a good husband, a good father and a good son, married men seem to be working hard on this road.

　　In the comparison of married men’s consumption expenditure in seven regions, the survey found that married men in South China love to buy houses most, men in Southwest China love to buy cars most, people in Northwest China love fitness more, and people in Northeast China prefer digital products such as computers and mobile phones. Married men in North China have a great demand for self-improvement and pay more attention to health preservation.

　　In the comparison of different types of cities, married men in first-tier cities spend far more on housing than married men in second-and third-tier cities, while married men in second-and third-tier cities spend significantly more on health care, cars and tourism than those in first-tier cities. In contrast, married men in first-tier cities are under greater pressure and have no life to settle down.

　　No matter where they are, married men in the first, second and third tier cities are surprisingly consistent in spending on education and training. According to the data of the past ten years, married men in different types of cities have reached a high degree of unity in education and training expenditure for the first time.

　　Married men generally pursue high-profile education and training consumption. Where do they spend all their money? A more in-depth survey on the Internet found that more than 70% of married men who have a high willingness to spend on education and training actually spend money on their children’s education. What a pity for inherit the wind!

　　What do married men choose to do in their leisure time in a day? A large survey found that between "family" and "self", the art of "carrying water" by married men has been perfected. Nearly half of the married men are willing to undertake the trivial housework during this time, 38.96% of them just want to "quietly" brush their mobile phones, 36.98% choose to watch the world through TV, and 31.12% are willing to experience life in a sweat.

Naval equipment research institute makes uncompleted residential flats a key national defense laboratory.


　　Zhao Yongfu, president of Naval Equipment Research Institute and executive director of China Shipbuilding Engineering Society, has presided over and participated in many major equipment projects.


　　A series of recent major events and new changes in the Naval Equipment Research Institute closely revolve around a distinct theme-improving the ability of independent innovation in scientific research. In everyone’s eyes, the Party Committee of the Academy, which has just experienced the study and practice activities in the previous stage, is like a "locomotive" with full strength, which drives scientific research and innovation into the "fast lane".


　　Look for problems and dare to poke "pain points"


　　"Independent innovation is the foundation of our demonstration research institution!" This understanding of Liu Mingli, political commissar of the Naval Equipment Research Institute, was written into the "Decision on Vigorously Improving the Ability of Independent Innovation in Scientific Research" recently issued by the Party Committee of the Institute, so as to make it clear at the beginning.


　　During the study and practice of Scientific Outlook on Development, the Institute has grasped the main contradiction that "the ability of independent innovation in scientific research is incompatible with the requirements of fulfilling the mission and responsibilities", and the problem has really hit the "sore spot". Focusing on the fundamental goal of "improving the ability of independent innovation in scientific research", we focused on five aspects, such as top-level design of equipment and demonstration of major models, and made breakthroughs in seven aspects, such as enhancing the ability of macro-demonstration research, cultivating independent innovative talents, and giving play to the core leadership role of the Party Committee in promoting independent innovation. A series of major measures to rectify and implement problems are in full swing …


　　High-level demonstration of research results is the most important thing for research institutes that are revered as "think tanks" and "think tanks" for naval equipment construction and development. The Party Committee of the Research Institute seized the most urgent equipment problems that require the transformation and development of the navy and affect the construction of the navy’s military capability, sorted out and refined six major macro-topics, such as "strategic requirements for the development of naval weapons and equipment", organized elite soldiers to focus on research, and further raised the demonstration research to a high level.


　　The demonstration of equipment capability will ultimately be verified by the actual combat environment. "Sitting in the laboratory and facing the computer", relying solely on this "study-style" demonstration method, is not closely related to actual combat. The research institute tried to establish an "equipment demonstration research base" in a submarine force. Scientific researchers and submarine officers and men went to sea for snorkeling together, used modern simulation methods to deduce subjects such as "underwater information confrontation", and closely combined the demonstration research of equipment capability with the battlefield background of officers and men training, submarine tactics, combat opponents and specific sea areas. Both scientific researchers and army officers and men gained a lot.


　　Create a new model to study big problems


　　"Without a strong academic atmosphere, it is not like a research institute!" Zhao Guoan, deputy director of the Science and Technology Department of the Academy, said that the atmosphere of academic exchanges is not strong and the level is not high, mainly because of conservative leadership ideas and insufficient estimation of the enthusiasm of scientific researchers.


　　Through hard work, the Institute successfully held the Frontier Forum of Naval Equipment Development from September to December last year, invited many academicians and well-known experts to participate, received more than 250 high-level papers, and achieved rich forward-looking and cutting-edge research results. The Naval Equipment Research Institute has also established a joint scientific research model of "small core and big periphery", that is, the institute has mastered the core technology, at the same time recruited scientific research talents and strength for the whole army, strengthened strategic cooperation with scientific research institutes and industrial departments inside and outside the military, established an "innovation alliance" between the military and the ground, and organized a "national team" for equipment demonstration and research.


　　From the initial "a piece of paper, a pen and a slide rule" to the popularization of computers today, the research conditions and means of the Institute have made great progress. However, today’s war is developing faster, and the equipment demonstration research needs more modern simulation methods to describe, preview and reproduce the grand and complex information battlefield, and researchers have a strong voice for the lag of scientific research conditions.


　　Dean Zhao Yongfu described the three-year plan for scientific development: seize the precious opportunity of the state to increase investment in the construction of scientific research conditions in the military, and urge 11 key laboratories to pass the project evaluation and make great strides toward the goal of building a "naval weapons and equipment integrated scientific research center".


　　There is another "big hand" of the Party Committee of the Academy: two years ago, when the family funds were only 20 million yuan, they boldly reformed the management methods of scientific research funds, and raised funds of 240 million yuan to buy an unfinished building for reconstruction, expansion and decoration. Nowadays, the uncompleted residential flats have been transformed into a 20-storey modern scientific research complex with an area of 34,000 square meters, and a key national defense laboratory has been settled here.


　　"Activating" Innovative Talents


　　A "shocking event" happened during the study and practice activities, which made everyone feel the determination and courage of the hospital leaders to "activate" the innovative talent team: in 2008, 18 professional and technical cadres in higher and secondary vocational schools failed in the re-appointment evaluation, and the "elimination rate" was as high as 10%. In view of the lack of independent and innovative talents, the Naval Equipment Research Institute put forward the idea of "six batches" of talent construction: training scientific research leaders to create a batch, selecting a batch from famous universities, recruiting a batch from local scientific research units, supporting a batch with projects and funds, reusing a batch in key positions, and encouraging a batch. Those cadres who have achieved mediocre results and even have not written a paper during their five-year term of office are "out" in the competition for professional title evaluation, which has indeed played a role in "urging a group".


　　Since 2006, the Institute has spent one year to conduct a comprehensive investigation and analysis on the distribution of disciplines and disciplines and the structure of scientific research capabilities of the scientific research team in the whole hospital, and formed a 136-page Research Report on the Structure of Scientific Research Capabilities, in which hundreds of scientific researchers were seated one by one. In view of the existing problems, a number of measures were introduced to strengthen the construction of innovative talent teams. At present, researchers under the age of 35 account for 51% of the research institutes, and it has become a fundamental plan to build an innovative development platform for young people. The Institute has intensively issued documents such as "Implementation Measures for the Selection of New Scientific Research Stars" and "Measures for the Management of Youth Scientific Research Funds". This year, it has allocated 1 million yuan to support 20 innovative projects, and various departments and offices have also actively followed up, and young researchers have signed up enthusiastically.


　　An unprecedented "clean-up" is being carried out in every corner of the organs and departments of the Naval Equipment Research Institute. The contents of the clean-up are all kinds of rules, systems, measures and methods. Party committees and organs study and practice Scientific Outlook on Development, and the "highlight" of rectification and implementation is the construction of innovative mechanisms.


　　According to the eight research reports of the Standing Committee and the opinions and suggestions collected from the whole hospital, the Party Committee of the Institute sorted out 48 innovative measures and issued the Decision on Vigorously Improving the Independent Innovation Ability of Scientific Research, which guaranteed 21 innovative measures that could be put into practice immediately based on the actual situation of the Institute.


　　To this end, the whole hospital has comprehensively cleaned up the existing 216 systems. Among them, 72 items were abolished, 30 items were retained, 94 items needed to be revised, and 20 items urgently needed to be established.


　　Getting rid of the shackles of old ideas makes people walk briskly, and the call for innovation is more hopeful. A number of new systems to support independent innovation in scientific research are ready to emerge, such as "establishing an integrated joint experimental research model", "reforming the evaluation and reward system for demonstration research" and "normalizing high-level exchanges".


　　Scientific development drives innovation and development, like a spring tide, surging endlessly …

Editor: Li Yongchao

Hubei fengxi construction Chinese herbal medicine planting industrial park

The development of under-forest economy in Fengxi Town, Zhuxi County, Shiyan City, Hubei Province has accelerated. After the Chinese herbal medicine seedling breeding center was put into operation, the Chinese herbal medicine planting industrial park project has recently started construction.

The newly-started construction of Fengxi town Chinese herbal medicine industrial park project is a key project in Fengxi town to vigorously develop the cultivation of Chinese herbal medicines under forests, adjust the layout of agricultural industrial structure, and help farmers increase their income. With a total investment of 5 million yuan, the project plans to build 48.63 mu of standardized Chinese herbal medicine planting greenhouse base and 625 mu of Chinese herbal medicine planting demonstration area under the forest, focusing on the development of authentic medicinal materials such as Gastrodia elata, Polygonatum sibiricum and Rhizoma Paridis, and simultaneously supporting 5 km of industrial road and intelligent irrigation system to build a modern Chinese herbal medicine industry demonstration park integrating planting, processing and research. After the completion of the project, it is estimated that the annual output value will reach 6 million yuan, which will drive more than 70 farmers around to realize the double income increase of "land transfer rent+migrant wages".

The project is located in Liangqiao Village, Fengxi Town. The village is rich in mountain resources, and its unique climate and soil are suitable for developing the under-forest economy. By analyzing market trends, attracting multi-party investment, guiding industrial transformation and other measures, the local area empowers the under-forest economy, and truly realizes the development goals of building an industry, enriching the people and driving the economy. At present, about 280 villagers and households in Liangqiao Village have cultivated, processed and managed Chinese herbal medicines under the forest, and cultivated a number of large-scale Chinese herbal medicines under the forest, mainly planting rare Chinese herbal medicines such as Rhizoma Coptidis, Rhizoma Paridis, Radix Aesculiginis and Radix Codonopsis. At present, the town has 1 provincial key leading enterprise, 40 professional cooperatives, 45 demonstration bases, 4 primary processing workshops and 1 trading center, with more than 5,000 employees. It has sales outlets for medicinal materials all over the country and cooperates with many well-known domestic pharmaceutical companies. The planned area for planting Chinese medicinal materials under forests exceeds 60,000 mu.

In the next step, Fengxi Town will focus on the under-forest economy in Liangqiao Village, build the Chinese herbal medicine planting industrial park project into a three-dimensional demonstration project, and create a new benchmark for Chinese herbal medicine industry in Qinba Mountain area. At the same time, we will build a small town with Chinese herbal medicine characteristics that integrates leisure, entertainment, health preservation and health care, deeply excavate and sort out the regional culture of Chinese medicine, enhance the cultural connotation of Chinese herbal medicine industry, extend the industrial chain and value chain of Chinese herbal medicine, promote the integration and development of primary, secondary and tertiary industries, and provide solid industrial support for rural revitalization. (Qin Xin Chen Jianshu)

Hua Chenyu： Walk out of your own fashion path in the controversy and light.

In mainland entertainment circles, Hua Chenyu, as a singer with strong personality and artistic expression, has gradually become the focus of public view. Recently, his brilliant style at a music festival has once again aroused heated discussion. This gorgeous and avant-garde collocation seems to be a role out of a science fiction movie, which is both amazing and questionable. This event not only became a hot topic of fashion discussion, but also reflected Hua Chenyu’s unique artistic pursuit and style change in the entertainment circle.

Early experience and growth

Hua Chenyu was born in February 1990 in Hunan Province, an ordinary family. Since childhood, he has shown extraordinary musical talent. Unlike many young musicians, Hua Chenyu’s family did not strictly require him to pursue music career, but encouraged him to pursue his own interests. When he was a teenager, he began to get in touch with music, especially pop and rock music. At school, Hua Chenyu began to make his mark in all kinds of performances inside and outside the school with his unique voice and excellent performance ability.

Hua Chenyu’s learning experience also laid the foundation for his later artistic development. After graduating from high school, he was admitted to Wuhan Conservatory of Music, majoring in composition. On campus, he not only honed his music skills, but also made many like-minded friends, who later gave great support to his music career.

Career start and achievements

Hua Chenyu’s career began in 2013, when he participated in the famous music talent show "Happy Boys", which won the audience’s recognition with its strong stage appeal and lead singer ability, and successfully won the championship. Since then, he has quickly entered the entertainment circle, and his first album "H" has won him wide acclaim.

In the following years, Hua Chenyu continuously released new songs, which won the support of many fans with unique musical style and emotional expression. Whether it is a fast song or a lyric song, he can always give the song a unique tone and emotion, which is refreshing. At the same time, his bold musical style has also established him as an innovator both inside and outside the industry. It can be said that Hua Chenyu’s success is inseparable from his courage to break through himself.

Modeling and Fashion: Constant Challenges and Controversy

Hua Chenyu, who made his debut, has a distinctive personality in modeling. His early modeling was favored by many young listeners, but as he gradually received more attention, the public’s eyes became more critical. Every appearance, Hua Chenyu’s dress has become the focus of discussion. From his early Japanese style to his later attempts with hip-hop and dark elements, Hua Chenyu’s fashion attitude has been constantly evolving.

Just like his modeling at the recent music festival, the colorful stitching vest with fluorescent green shorts, the combination of transparent raincoat and height-increasing shoes undoubtedly dazzled the audience and attracted heated discussions on the Internet. Supporters believe that Hua Chenyu’s style is bold and avant-garde, showing the fashion attitude of the younger generation who dares to break the routine; Opponents point out that this exaggerated dress is unacceptable and almost ridiculous.

This controversy about Hua Chenyu’s modeling just reflects the challenges he faced along the way. In the public discussion again and again, Hua Chenyu has been trying to find a balance between himself and the audience. Although he accepted many criticisms, he still dared to try and continue to pursue his own artistic expression.

An important turning point: self-challenge beyond expectations

"Just when everyone thought that Hua Chenyu would cater to the tastes of the public and choose a simple style, he made a different choice and stood firmly on the road of seeking self-breakthrough." In this modeling controversy, Hua Chenyu not only challenged the traditional aesthetics, but also clearly conveyed his artistic beliefs:

"Fashion has never been single. I hope I can find my voice in exploration."

This clear expression is exactly what Hua Chenyu has always felt. He doesn’t want to simply cater to the public, but hopes to show his different self through fashion. This spirit of daring to try and challenge himself is the driving force for him to keep moving forward in the field of music and fashion.

External evaluation and social relations

Hua Chenyu has always kept close contact with the fashion world, and many fashion bloggers and professionals are following his development. His modeling is not only the embodiment of his personal style, but also an influence on the current fashion trend. With the pursuit of personalized aesthetics, more and more young people began to reject the sameness, and Hua Chenyu became one of the spokesmen of this trend.

On social media, Hua Chenyu is also an active voice. He shared music, life and fashion moments through his personal account, trying to show his true self. At the same time, he also actively participated in public welfare activities in public events, delivered positive energy and established a good social image. Altruism makes his image among fans more stereoscopic, and it also adds a lot of positive comments to Hua Chenyu’s public image.

Summary and enlightenment

Hua Chenyu’s fashion road is a road full of challenges and self-exploration. He told us with his own examples that real fashion is not only to cater to the trend, but also a way of inner self-expression. In the face of public criticism and praise, Hua Chenyu still insists on his own style and seeks the combination of innovation and individuality.

In today’s pluralistic era, everyone has the right to pursue beauty. When appreciating fashion, we should also have an inclusive attitude and understand the efforts and pursuits behind different styles. Hua Chenyu’s story reminds us that no matter how the external environment changes, keeping one’s original heart and personality is the key to success and happiness. Everyone can find their own way in the complicated world.

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