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".
标签： 上海gm资源群
Last year, the third party paid about 58 trillion yuan. Is the ＂cashless society＂ near at hand？
On April 14th, Tim (front left) led his friend Jeffery (front second left) to buy vegetables in a farmer’s market in Hangzhou, and used his mobile phone to complete the payment. Tim from Sydney, Australia, became attached to a girl from Hangzhou and became a "foreign son-in-law" in China. He has lived in Hangzhou for six years. Xinhua News Agency reporter Huang Zongzhi photo
Recently, two men robbed three convenience stores in Hangzhou, only grabbing 1,800 yuan in cash. This rather dramatic news has been screened in the circle of friends, which is a microcosm of the popularity of mobile payment. From restaurants to convenience stores, from taxis to pancake stalls, people are increasingly accustomed to using mobile phones as wallets.
According to data from third parties, the total transaction volume of third-party payment in China in 2016 was 57.9 trillion yuan, an increase rate of 85.6% compared with 2015. Among them, the scale of mobile payment transactions is 38.6 trillion yuan, about 50 times that of the United States. With the full-speed sprint of mobile payment, China has stepped on the threshold of "cashless society".
With UNEP and Ant Financial as directors, a cashless alliance with members including ofo, Carrefour and even braised chicken rice was established recently. Jing Xiandong, CEO of Ant Financial Services, said that in the future, Ant Financial Services will invest no less than 3 billion yuan each year to give priority to supporting cashless alliance businesses, hoping to promote China into a cashless society in five years.
Does "no cash" just mean convenience? How far are we from the cashless society?
Mobile payment is booming.
Recently, Bank of Communications officially launched a mobile phone credit card known as "black technology". As a virtual credit card, it can realize the function of a credit card without the physical action of swiping the card. In addition to Bank of Communications, Bank of China, China Merchants Bank, Shanghai Pudong Development Bank, CITIC, Guangfa and other banks have also issued virtual credit cards. The positive layout of the bank reflects its enthusiasm for mobile payment.
The "red envelope war" between WeChat and Alipay has brought many people into contact with mobile payment for the first time, but the rapid development of mobile payment in China is not only due to red envelopes. Meng Tian, deputy director of technology and finance Institute of Shanghai University, summed up the reasons for the boom of mobile payment with "the right time, the right place and the right people".
The so-called "time of day" is a global trend towards "no cash". The Korean government plans to make coins disappear from circulation channels in 2020. Denmark also allowed retailers to refuse cash payment last year and only accept mobile and bank cards.
The so-called "human harmony" refers to the rapid popularization of mobile Internet and smart phones as infrastructure in China. As of December 2016, the number of netizens in China reached 731 million, with a total of 42.99 million new netizens in the whole year, including 695 million mobile netizens, an increase of 5.5 million compared with the end of 2015. As of June 2014, mobile phones surpassed computers to become the largest Internet terminal. The huge number of mobile phone users not only means the ability, but also means that mobile payment has a huge market space.
In addition, what is more important is "geographical location". Meng Tian said: "Non-bank payment institutions ‘ The catfish effect ’ China has an active market entity in the cashless payment field, which greatly accelerates the speed of related technology change and cashless payment. At present, the People’s Bank of China has issued 267 payment licenses. Since 2010, the transaction scale of the third-party payment market in China has maintained an average annual growth rate of more than 50%, which has rapidly expanded. Through seven years of development, China has become a global leader in the field of mobile payment. "
Quickly create inclusive demand
Hangzhou Xiaoshan International Airport recently announced that it will build the world’s first "cashless airport". From passengers leaving home to arriving at the hatch, including booking tickets, travel transportation, check-in, smart parking, airport bus, shopping and catering, cash is no longer needed.
Like many businesses covered by Xiaoshan Airport, the most fundamental advantage of "no cash" lies in convenience. Jing Xiandong said: "Mobile payment can improve the collection efficiency of offline merchants by about 60%." Yu Ying, chief marketing officer of Carrefour in China, said that the average time for a skilled Carrefour cashier to collect money for each order is 1 minute, and it only takes 15 seconds to 20 seconds to use mobile payment. "After Carrefour accessed Alipay for 4 months, the passenger flow to the store increased by 18%."
For small and micro businesses, crossing credit card payment and going directly to mobile payment will bring down costs and risks. Huang Kean, deputy general manager of Yang Mingyu’s braised chicken rice, told reporters that in more than 6,000 stores of braised chicken rice nationwide, more and more customers like to pay by mobile phone, and some stores even cancel cashiers, so they don’t have to worry about collecting fake money. "I hope that the proportion of mobile payment will reach half in one year."
Mobile payment also means that it can bring new service methods to service providers. Xiaoshan Airport said that in the future airport smart parking project, passengers will not need to stop when entering the airport, and will automatically lift the pole after recognizing the license plate. When the vehicle leaves the airport, it will be directly bound to the mobile phone for payment, and the phenomenon of vehicle queuing will no longer exist.
However, although "cashless" has many advantages, it still faces the problem of user education. Song Ke, deputy director of the International Monetary Research Institute of the School of Finance and Economics of Renmin University of China, said that farmers, the elderly, children and other people with low income, low knowledge level and low acceptance of information technology exist in large numbers, so that they can avoid being squeezed out by new payment technologies and share the convenience brought by efficient financial technologies.
Yuan Leiming, vice president of Ant Financial Services, said, "The annual investment of 3 billion yuan by Ant Financial Services for the cashless alliance is exactly like this ‘ Learning cost ’ On the one hand, we will continue to launch bonus and rights day activities, and continue to educate users through targeted red envelopes and marketing of joint businesses; On the other hand, it is used to reduce merchant fees and does not charge transaction fees and withdrawal fees. "
"Tomorrow" of Accuracy and Credit
In addition to convenience, the massive data accumulated by "no cash" is also a fortune. "Carrefour used to give paper coupons to consumers after the purchase was completed. Whoever came here was these, but many coupons were thrown into the garbage bin before going out. The popularity of mobile payment allows us to portrait users. You know what you need before you come, and you can just send you an electronic coupon, which is what you really want. " In Yu Ying’s view, including the use of electronic membership cards in offline scenes and the strengthening of big data service capabilities, is the real future of "no cash".
For users, "no cash" also means the accumulation of personal credit data. Zhang Siding, co-founder of bike-sharing ofo, said that users with a sesame credit score of 650 or above can use the yellow car without paying the deposit. "From another point of view, cashless can better promote the accumulation of credit data in the whole society and finally realize a credit society."
The accumulation of data can even help offline merchants to obtain credit services based on supply chain finance like e-commerce sellers. Jing Xiandong said: "We hope that in the next few years, with the data precipitated by mobile payment, we can provide better financial and credit support to small and micro businesses." Meng Tian also said: "The biggest significance of no cash is the effective accumulation of data. The accumulation of big data in different scenarios, if combined with artificial intelligence to carry out related analysis and operation, can bring unpredictable great value. This accumulation also provides conditions for opening up the data sources of the whole society. The high cost of credit information is the crux of the problem of financing difficulties and expensive financing for small and medium-sized enterprises in China. The cashless society may bring a new dawn. "
Take stock of four common automatic gearboxes, their respective advantages and disadvantages, and never buy the last one.
With the popularity of automobiles, the automobile market is developing very fast, and the most noteworthy thing is the progress in gearbox, from the previous manual transmission models to the current automatic transmission models. Although both manual transmission and automatic transmission have their own consumer groups, automatic transmission vehicles have the advantages of simple operation, more effective improvement of engine and transmission system life, and are more suitable for modern fast life, so many people will give priority to automatic transmission when buying a car.
However, there are many kinds of automatic transmissions, and each transmission has its own advantages and disadvantages in theory, especially the last one. Tutu suggested that you had better not choose it, otherwise there is no place to regret it. Let’s take a look.
Generally, for convenience, everyone calls it AT gearbox, which is composed of hydraulic torque converter, planetary gear mechanism, electronic control system and hydraulic control system. Among them, the hydraulic torque converter is equivalent to the clutch on the manual gearbox, and the power is transmitted by the high-speed movement of the liquid. Because there is liquid between parts, the stability is good; However, because it is not a rigid connection, the problem of power loss is easy to exist.
The core of automatic transmission is to realize automatic gear shifting, which can automatically shift into different gears by manipulating the accelerator pedal, but the transmission efficiency is lacking, resulting in relatively high fuel consumption. As for whether this kind of gearbox works well or not, it depends on the number of gears and shifting logic. For example, the previous models were generally 4AT, but now they are more common at 6AT, 7AT, 8AT and 9AT.
However, the more gears, the better. It depends on the shift timing set by the gearbox manufacturer, which is often called shift logic. This timing is related to engine speed, accelerator pedal degree and vehicle speed. A good automatic gearbox, with sensitive shifting and reasonable logic, can also run a good fuel consumption performance.
This kind of gearbox also uses hydraulic torque converter to transmit power, similar to AT gearbox. However, in the gearbox part, the steel belt sandwiched between two cones is used to realize power transmission by clamping force, which is often used in Japanese cars.
There are many advantages. The first one is smoothness, which is smoother than AT. The second is fuel saving, because stepless speed change can keep the engine speed in the highest combustion efficiency range and the most economical speed range, which naturally saves fuel; The third advantage, low cost, CVT gearbox only needs a few thousand dollars. There are also disadvantages. First, it can’t bear too much torque, because the steel strip can’t stretch, it will slip and respond slowly to speed changes; The second is that the quality is average, the mileage is too long, and the steel belt may slip, resulting in damage to the gearbox and need to be overhauled.
Powershift has been widely used in the automobile field, ranging from Bugatti, Koenigsegg and other supercars to Great Wall, Geely and other domestic vehicles. The first is that it can bear large torque, because the clutch is hard-connected, and it is not afraid of large torque. Now many high-horsepower models have also used DCT dual clutch; Second, the shift speed is fast; The third is to save fuel, because the clutch connection and the gear connection are hard connections, and will not lose too much power.
However, the production cost of dual clutch is high, and the adjustment of each family is also different, and there may be setbacks in specific operation. The recall of Volkswagen DSG, which made a lot of noise in recent years, is also one of the shortcomings of DCT gearbox, that is, frequent shifting can easily lead to overheating of some modules in gearbox, which leads to failure and damage, but this problem has been improved in recent years.
Tutu’s advice to everyone is that when choosing DCT dual clutch gearbox, don’t choose dry type if you can choose wet type.
Also known as semi-automatic gearbox, AMT is essentially a manual gearbox, which is just a computer to help shift gears, that is, ECU completes two actions of operating clutch and gear selection, which liberates the driver’s operating intensity to the greatest extent.
The biggest advantage of AMT gearbox lies in its cost. Compared with the traditional AT automatic gearbox, the internal structure of AMT is much simpler, which is common in all kinds of entry-level cars. However, the shift quality of AMT gearbox is average. When shifting gears, there is obvious frustration. This is because the AMT gearbox will rudely disconnect the throttle to supply oil when engaging the clutch. Therefore, when you buy a car, it is best not to choose this gearbox.
Seeing this, many friends may have a question, which gearbox is better? If the elimination method is used, the AMT gearbox has poor driving experience due to many faults; There are many problems with CVT gearbox in the later period. The king of family car has frequent gearbox problems, and at the same time, it can’t bear large torque. However, CVT gearbox can’t be seen in high-end cars, which shows that CVT gearbox is special for low-end cars.
The remaining AT and DCT gearboxes are relatively good, among which AT gearboxes have smooth acceleration and deceleration and good driving experience. In terms of market share, AT gearboxes are used in low-end, high-end and ultra-high-end markets. 80,000, 500,000 BMW and millions of Rolls Royce are all AT gearboxes. In terms of quality, AT gearbox is very reliable and has the same life as the car. In terms of power matching, whether it is a small horse power self-priming engine or a V12 engine, the AT engine can match. Therefore, it is best to give priority to AT gearbox. Do you think it makes sense?
Smart World R7 listed, September 24th, starting price 219,800
It was officially launched on September 24, marking the launch of the first coupe SUV of the Hongmeng Zhixing family, with a price range of 259,800 yuan to 339,800 yuan.
The R7 inherits the family style in the exterior design. The front part of the car has tear-eye headlights and through-the-line daytime running lights, the roof has a lidar shaped like a watchtower, the front bumper has an air inlet, and the vehicle’s logo is located above the daytime running lights. The R7 is available in six body colors, including purple, clear blue, metropolitan red, gilt black, deep space gray and ceramic white.
From the side of the vehicle, the Smart R7 features a short front and rear overhang and a long wheelbase design. The overall shape is a slip-back style, equipped with hidden door handles and large-size wheel hubs. While the exterior mirrors retain the traditional design, other configurations of the vehicle are abundant. The rear is fitted with a C-shaped through taillight, and comes standard with a sports rear wing, a disc rear spoiler, and an electric hatchback door. The dimensions of the vehicle are 4956mm long, 1981mm wide, 1634mm high, and a wheelbase of 2950mm.
The interior inherits the layout of the Smart World S7 and adopts a wrapping design. Equipped with a special-shaped steering wheel and a pocket gear shift method. The central control is equipped with a 12.3-inch floating screen and runs the Hongmeng OS system. The vehicle is equipped with electric adjustable seats, zero-gravity seats, rear entertainment screens, cooling and heating WBs, HUAWEI SOUND sound system and electric sunshades. There is also a 50W wireless charging function in the car to provide convenience for passengers.
In terms of power, it is equipped with single-motor and dual-motor versions, using an 800V silicon carbide high-voltage platform, tested according to CLTC conditions, and has a maximum battery life of 802 kilometers. The vehicle is equipped with Huawei ADS3.0 end-to-end intelligent driving system, which supports functions such as automatic parking, valet parking and vehicle summoning.
Read the differences in the configuration of the 2025 seals in one article
On the same day as the 07 DM-i went on sale, BYD launched the 2025 Seal, available in four versions and priced at175,800 – 239,800 yuan, so for this first car based on e platform 3.0 Evo with lidar, how to choose the 4 versions of the 2025 Seal? What are the highlights of each version? Let’s take a look.
As a mid-range sedan with a length, width and height of 4800 * 1875 * 1460, the 2025 Seal has the world’s first 13 hardcore technologies, which are actually "entry-level high-end": the whole system comes standard with more than 35 high-end configurations including CTB body battery integration technology, 1200V SiC silicon carbide module, electric drive high-efficiency composite temperature control system, intelligent current-up fast charging technology, and intelligent power-up and down. That is to say, even ifThe cheapest 510 standard versionYou can also enjoy the efficient 12-in-1 intelligent electric drive system, intelligent terminal fast charging technology, intelligent upwelling fast charging technology, etc., so that you can enjoy a pure electric vehicle with lower power consumption and faster charging at only 175,800. And the 510 standard version itself comes with the intelligent driving assistance system DiPilot5: blind spot monitoring, lever lane change, automatic parking, panoramic images, traffic sign recognition… and so on. The configuration has everything, even if you are a novice driver, you can get started with such a mid-level car running downtown or at high speed. With the help of DiPilot5, you can easily deal with it. In addition, functions such as the 15.6-inch central control floating large screen + the built-in smooth and silky Dilink 100, the 50W charging of the front mobile phone, the 8-way adjustment of the main driver and the 6-way adjustment of the co-pilot, and the ventilation and heating of the main driver are all basic operations of the 2025 Seal, which are basically unparalleled among models of the same level and price.
Let’s talk about it again.650 long battery life versionAs the name suggests, on the basic configuration of the 510 standard version, the 650 long-range version of the CLTC pure electric battery life has increased by 140KM to 650KM. In addition, it is equipped with a global 800V high-voltage platform, and the maximum power of the rear motor is increased to 230KW, which is more powerful than the 510 standard version. Corresponding to the strong power, the 650 long-range version of the tires are upgraded to 19-inch Continental tires. The braking is perforated ventilation discs and four-piston calipers to ensure that the car has strong power and runs fast, while also stopping stably. At the same time, the main and auxiliary drivers have an extra waist support. The whole car has 12 Dana stereos, colorful ambient lights, and can also be equipped with a silver-plated EC intelligent light-sensing canopy to further meet the user’s driving comfort requirements.
Next is650 Smart Driving Edition.As the name implies, smart driving is its highlight. In this version, you can feel BYD’s "Eye of the Gods" high-level intelligent driver assistance system –DiPilot300. With city pilot, high-speed city pilot, automatic parking, valet parking and other functions. In other words, on the 650 smart driving version, you can feel all the high-end smart driving configurations of new energy vehicles, which is a very good choice for users who pursue smart driving experience. Of course, in the configuration, a 12-inch W-HUD head-up display, steering wheel heating and other functions are also added, which is a model that can discuss driving quality.
And finally.600 4WD Smart Driving EditionOn the basis of the 230KW rear motor and the 160KW front motor, the maximum power of the system can reach 390KW, the maximum torque can reach 690N · m, the maximum speed is 240KM/h, and the zero-hundred acceleration time is short enough to rival the supercar 3.8S. Correspondingly, this version of the 2025 Seal is equipped with the iTAC intelligent torque control system + Yunying-C intelligent damping body control system. The brake calipers are also the exclusive color that matches the body, allowing non-professionals to have the control experience of professional drivers.
After understanding the above information, I believe you have a certain understanding of the various configuration features of the 2025 model. Please let me know your choice in the comment area.
The original Di Lizheba studio fell! Pregnancy rumors are rampant, fans swipe the screen to ask for the release of the schedule map
Recently, the pregnancy rumors of Daily Reba were rampant, and it was not very convincing to rely on the abdominal muscle rumors without a "specific time", and the studio did not clarify the rumors directly, which made the fans excited and sensitive.
On January 3rd, Reba Studio continued to shoot photos of the New Year’s birthday-the-scene. The comment area was completely submerged, and no one cared about beauty. There is only one appeal. Send schedule map.
Hot wine is the flower of popularity, and it is a day full of arrangements to say goodbye to the old and welcome the new. However, it is rare that she will not be seen at the major festivals and evenings, and the studio does not announce the New Year’s schedule. No wonder fans will swipe the screen and leave messages in the comment area of the studio. I want to resume the announcement and whistleblowing of the schedule, so that the studio will not get up to work and rot again.
The fans were looking for an itinerary for two purposes. One was to clarify the work plan of the idol and determine the time of the star chasing in advance. The other was for the idol to go out more activities, meet real people, and use a good figure to create rumors of "pregnancy". Obviously, Reba Studio was not satisfied, and wanted to send pictures to appease, fans could only swipe the screen roughly.
There is no official schedule for Reba’s studio, but there is a celebrity calendar in Reba’s over-the-top column, which predicts Reba’s activities in the next few days. It’s all about the warm-up and publication of magazine covers. This kind of work is usually arranged months in advance, and it’s not a new job, and it can’t be seen what’s going on in the next month.
There are also magazine-like work schedules and advertising endorsements, but generally undisclosed schedules. The watch brands endorsed by Hot Bar also released fresh advertising videos while they were hot. The hot rod in the camera is still slim, with a flat waist and abdomen, and a perfect curve. It may have been shot in advance.
Since the rumors of pregnancy spread, Reba’s schedule for the past few months has been under study. Examining the itinerary from June to December, it was found that Reba’s work plan has gradually decreased. Before October, he participated in online activities frequently, and his clothing is also the sexy and mature style that everyone is familiar with. After November, the clothing is loose, and the close-up waist and abdomen look is unbearable
She attended the event in November and wore a blouse dress, but did not notice any change in body shape. Women’s blouse skirts, also known as "maternity dresses," are very popular with pregnant women and women with fat waists. Reba’s flat boots and shirt configuration are very different from her daily attendance style.
Of course, the most pregnancy-smelling clothing is Reba’s recent airport form. The silhouette fluff coat makes Reba’s body very fat, and there is no effect of blackening and slimming. When walking, the posture is abnormal, and the feet are bulky.
The best way to cover up the pregnancy of a female artist is to hide abroad, such as Zhang Bichen going abroad for a five-month vacation to give birth. Coincidentally, the hot bar has just been revealed to plan to work abroad, which makes the pregnancy rumors even more true. It’s normal for a girl in her peak period to go all the way to see a performance without joining for 7 months and not participating in the Chinese New Year, right?
In fact, whether it was the spectators or the fans of the hot bar, the doubts about the whole incident were "clearly not pregnant, why didn’t you go to work", which angered the studio, especially Huang Jingyu, and the scandal boiled for three years. Unclear, no response, no rumors.
More and more questions from fans, the docking staff directly withdrew from the group and became silent. Under the latest Weibo of Reba Studio, fans can still be seen mocking the incompetence of the studio.
I still hope that the hot bar will tell the truth sooner, so as not to let the fans’ psychological collapse, and not to clarify the emptiness.
In addition, getting married and having children is a good thing, and being in love is also a good thing. Reba himself said that he will get married around the age of 30. In addition, I also yearn for family life. If there is really something happy, please bless it, and even if not, you can spread rumors immediately. Sure enough, it is not good for female stars to be told such things. The studio should deal with it well.
Responsible editor:
Angelababy’s rapid return to ＂running man＂ after giving birth has attracted heated debate
Zhejiang Satellite TV’s "Let’s Run" is currently recording a new issue in Dalian. What’s striking is that Angelababy quickly returned after giving birth and made her first appearance on the recording, forming a double female MC situation with Di Lizheba. The reporter was invited to visit the recording and the public welfare landing event. Angelababy is so debated, what is she trying to do? And there are many stars like her in the entertainment industry. In the fierce competition, they stand out with their dedication, emotional intelligence and ability.
Planner: Su Lei
Written by: Guangzhou Daily All Media Reporter, Zeng Jun
The scene: The new mother is full of effort
The "Let’s Run" national public welfare activity came to Xingzhi Primary School in Ganjingzi District, Dalian to send care to the children. It is reported that some of the parents of these children are engaged in special occupations such as shipbuilding, the Ministry of Marine Industry, and liquefied petroleum gas. Some parents are maritime commissioners, and more parents are migrant workers in Dalian. Seeing the "brother group" who accompany them on the TV on weekends on weekdays come to the side, the children cheered and expressed their love excitedly.
Afterwards, eight MC members and more than 160 teachers and students participated in the tug-of-war competition. The most surprising thing was that "new mother" Angelababy finally returned to "logging tired". As early as April 24, there were news on the Internet that the pictures of the Dalian recording scene were broken. Angelababy, who came back after giving birth, was wearing a pink gauze skirt and stepping on high heels, still feeling full of girls. Angelababy had just returned, but she still did not change her true nature as a woman, and she was still working hard on the task.
Angelababy:
The phone is full of photos and videos of small sponges
At the event, a child saw Angelababy crying excitedly, and Angelababy immediately went over to comfort her and gave her his name tag. Speaking about the changes after becoming a mother, Angelababy revealed that there were no selfies of herself on her phone, but only photos and videos of the little sponge. "Every day, the latest photos and videos of the little sponge will be sent to me, and I will watch them at any time to pay attention to his daily activities." Not only that, but she also became a "marriage urge", telling Li Chen, Lu Han and others to complete their next major life events as soon as possible.
When it comes to the experience of a new mother, she said that she is still learning, and Huang Xiaoming is a super dad. "Every day he opens his eyes, he learns to speak like a baby, and he is called’Dad ‘. The baby looks very similar to Mr. Huang, because he is relatively fat." Regarding the first recording after giving birth, she said that this time in Dalian, she did not exercise much, but she was still very excited to play games with her brothers.
When asked about her first experience recording with Di Lizheba, Angelababy said that she had not yet had the opportunity to join forces with the other party to fight against other brothers, "but there is no gender difference in the running man family. Di Lizheba is her brother, and he is’I Magnetic ‘."
Deng Chao is desperately brushing their sense of existence
Deng Chao could be said to be the most diligent movie coffee in the variety show. As the captain of "Running Man", he worked very hard and dedicated to recording every episode of the show, and rarely let the outside world see his exhaustion. He was known as "perpetual motion machine".
Huang Xiaoming, 40, has been in the industry for 20 years and is still a famous hard-working Saburo in the circle. He not only has many business investments, but also has many film appointments. He is also a frequent guest on variety shows. He has been resident in "All Staff Accelerating", "Come on Cinderella", "Come on Beautiful Girl", "Our Challenge" and so on. He is very active among the stars of the Mesozoic era. In addition, even in poor health, he does not care about playing, working, and eating strange food. He is very cooperative.
Another hard-working artist is Huang Lei. Recently, the offline activities of the "Huang Xiaochu" APP he established have attracted controversy about creative plagiarism, but it can be seen from his commercial efforts. In addition, he not only produces his own TV series, but also partners with He Jiong and other friends in the circle to establish a film and television company, intending to make a difference in investment works. In terms of variety shows, he is also a familiar face.
Song Xiaobao did not dare to retreat easily
In the popular "Legend of Laughter" every Sunday night, Song Xiaobao is the "Legendary Comedian". Some people may wonder why Song Xiaobao joined the variety show again after saying at the end of last year that he would quit the variety show circle for a while due to physical and mental fatigue. In this regard, he explained that this time he came to give more support to comedy newcomers, and planned to give himself a real holiday in the future. He was steady on the road of art in order to go further. However, this statement was interpreted by the outside world as that he was nostalgic for the stage and could not easily give up.
Last weekend, after a decade, Mr. Xue began singing again, and it is well known that he can continue his musical dream in large part because he relies on his true nature as a "joker" to play to the fullest in variety shows. In the meantime, he has appeared on dozens of variety shows. In this sense, Xue Zhiqian is very much in need of variety shows. He has joined "Golden Melody," "Mars Intelligence Bureau," "Tomorrow’s Son," and many other shows are hot and produced.
Zhou Dongyu relies on strength to obtain high-quality resources
The Mesozoic generation is so hard, and the new generation needs to rely on emotional intelligence and strength to gain recognition in the industry. In the variety show "Give Me Five", which ranks first in the ratings every Saturday, Liu Haoran and Wang Junkai both show a warm and considerate side, which has been praised by the audience. In a recent media interview, Liu Haoran also gave the impression of being polite and cordial. It is reported that he stood out among the new generation because of these, starring in "Langya List 2" is about to go LIVE, the main theme blockbuster "Army Founding" has attracted much attention, and he also starred in the fantasy film "The Legend of the Demon Cat" directed by Chen Kaige, with a promising future.
Among the post-90s generation, Zhou Dongyu’s resources are quite good. The "scheming girl" aura that came with her debut attracted everyone’s attention. Since then, she has not appeared in good works. She "offended" Sun Honglei in variety shows for a time, and her poor performance in "Sparrow" has attracted even more criticism. However, she later won the Golden Horse Award for Best Actress for her performance in "July and Ansheng", which was appreciated by the director Chen Kexin; the upcoming new film "Like You" is a partner of Takeshi Kancheng, and she is on the big screen all the way.
A few years ago, Huang Xuan proved his acting potential by relying on the literary films of directors such as Xu Anhua, and created the image of a weak and infatuated man in several popular TV dramas, which has greatly improved his popularity. In the past two years, he has frequently participated in commercial films, and he is the best among this group of actors with both good looks and strength. Although the box office of the new film "Extraordinary Mission" is not as good as expected, Huang Xuan has also taken the first step of transforming from a literary line to a tough man in action. Next, his leading film "Youth" is a collaboration with Feng Xiaogang. In addition, "The Great Wall" and "The Legend of the Demon Cat" are the works of the fifth generation of famous directors, which is very good for enhancing his recognition in the circle. In the upcoming TV drama "Entrepreneurial Era", Huang Xuan will partner with Angelababy, which also earns enough attention.
Galaxy E8, starting from E! Private tasting session – Haikou Station ended perfectly
On December 17th, the private tasting event of Geely Galaxy E8 China’s new generation pure electric flagship was grandly held at the Luneng Hilton Hotel in Haikou. Many industry celebrities and car owners and friends came to the scene. The Galaxy E8 takes the "China’s new generation of pure electric flagship" as the benchmark and is committed to bringing consumers a new experience that exceeds expectations. At the private tasting session at Haikou Station, media teachers and car owners and friends experienced the five flagship strengths of Geely Galaxy E8 firsthand through static tasting and dynamic test drives. This private tasting session not only allowed the participants to have a deep understanding of the characteristics and advantages of Geely Galaxy E8, but also injected new vitality and confidence into the development of Chinese auto brands.
This Geely Galaxy E8 private tasting session has prepared a rich brand experience activity for the guests. The owners can also drive their own cars into the track during the static tasting of the Galaxy E8, experience the fun of track racing in racing games, and feel the infinite passion of adrenaline soaring when galloping on the track. There are also fun DIY handicraft activities, which are enjoyable for adults and children.
New E-generation flagship design: Chinese charm, a global model
The appearance of Geely Galaxy E8 adopts the new design language of "ripple aesthetics". "Ripple", as Geely’s unique brand super sign, is inspired by West Lake. In the new era of smart electric, the front face of Geely Galaxy E8 is integrated with modern technological elements, inheriting and evolving the "back" shaped ripple front face of Geely fuel vehicle era, adding elements such as sound, light, electricity, people, cars, nets, etc., to design the "ripple of light" in the new era, and the lights are sparkling like ripples in West Lake. The design of the eaves tiger vision headlight group, the rising sun tail light, and the moisturizing jade streamer body surface integrates culture, technology and experience, allowing Geely Galaxy E8 to achieve a perfect balance of ergonomics and design aesthetics, setting a new benchmark for Chinese automobile brand design.
New E generation smart cockpit: Galaxy panoramic smart cockpit
For the first time, Geely Galaxy E8 shows a more immersive "Galaxy Panorama Smart Cockpit". The car is equipped with a 45-inch 8K unbounded smart screen, and based on this, it creates a new layout of the cockpit large screen, creating a new generation of people-view-car unbounded fusion space, and refreshing the new standard of pure electric flagship smart cockpit. Empowered by the "Galaxy Super Brain" composed of "three brains", Geely Galaxy E8 brings a new experience of intelligent travel. Among them, the "Cloud Brain" Geely Star Smart Computing Center monitors 7 × 24 hours a day; the "Car Brain" Qualcomm Snapdragon 8295 chip, which increases the computing power by 8 times compared with the 8155 chip; the "Mobile Brain" Flyme Link handcar interconnection, achieving seamless ecological flow.
New E-generation flagship architecture: SEA global intelligent pure electric architecture
The chassis of Geely Galaxy E8 is based on Geely’s SEA global intelligent pure electric architecture. The SEA architecture builds a three-dimensional layout of hardware layer, system layer and ecological layer, and has the largest bandwidth in the world. The hardware layer of the SEA architecture is globally compatible, and can realize the combination of different batteries, motors, electronic control and thermal management systems to meet different performance, battery life, cost and other requirements. The system layer global evolution of the SEA architecture can realize the global upgrade from hardware to software, including intelligent driving, intelligent cockpit, intelligent safety, intelligent energy and other systems, providing a higher level of intelligence. The global cooperation in the ecosystem layer of the SEA architecture can achieve interconnection with various partners, including cloud, mobile phones, drones, smart homes, etc., to create a richer smart travel ecosystem.
New E-generation flagship driving control: 3.49s to break the hundred, 82km/h elk level
The Geely Galaxy E8 uses a new generation of 800V flash charging technology, which can achieve a 5-minute charging battery life of 180km, and the maximum charging power is 360kw, which is more than 2 times higher than the competition. At the same time, it also adopts a high-performance SiC electric drive, electric door heel, retractable and retractable freely, power is on call, two-drive motor power reaches 500kW, peak torque reaches 1000N · m, 100 kilometers acceleration only takes 3.49 seconds, and the top speed can reach 250km/h, and the power performance is comparable to supercars. It is also equipped with OurHours four-wheel drive system, which can automatically adjust the torque distribution of the front and rear axles according to road conditions and driving mode to achieve the best driving control balance.
As the first pure electric sedan based on the SEA architecture, and the first intelligent pure electric flagship sedan of Geely Galaxy series, the E8 will unlock the new imagination of intelligent pure electric for users as the "Electric Era · China Flagship" and bring new experiences to global users. (Hainan Heli Store, Zhang Song, Hainan Jiutian Store, Jiang Zhongkun)
Nine chapters have come out. Do you know what a quantum computer is？
On December 4th, Science magazine announced that the "Nine Chapters" of the quantum computer built by China’s research team has achieved a fast solution to the Bose sampling problem, and its calculation speed is faster than the fastest supercomputer at present.One hundred trillion times!
Quantum computer screens the whole network
Netizens are proud and happy about it.
But as soon as I opened the article,
Most friends can only leave a question mark after reading it:
"I know every word, but … …”
"Why is quantum computer so fast?"
Don’t worry!
Here is a "Little White" friendly explanation book.
Let’s put it in layman’s terms.
(This article does not involve any theoretical formula or academic discussion … …
Because Xiaobian is not professional! )
Is quantum computer a computer?
First of all, what is a quantum computer in one sentence:
Quantum computer is a kind ofA computer using quantum mechanicsIt can perform some specific calculations more efficiently than ordinary computers.
So, quantum computer is a kind of computer, but it is not simple."Advanced Edition" computer.And what we now understand as "computer"There is a big difference— — The calculation forms of the two are different.
For example:
If the classic computer iscandle, quantum computer islight bulb / third wheelBoth of them are for lighting, but the lighting methods are different and the lighting range is also different. Even if you keep improving candles, you can’t make a light bulb.
At present, quantum computers use physical systems such as atoms, ions and photons.Different types of quantum computers use different particles.This time, the "Nine Chapters" use photons.
200 seconds is just a short moment, and 600 million years has already passed.
How did the "Nine Chapters" quantum computer achieve the "ultra-fast" computing speed through quantum computing?
How does a quantum computer calculate "ultrafast"?
quantum computer"huge storage capacity"
First of all, let’s take a look at the storage mode of classical computers and quantum computers ↓
Classic computer
With a series of0 and 1To store information. Each unit in the series of 0 and 1 is called a bit, and one bit can be set as0 or 1.
quantum computer
For quantum computersQuantum bitTo store information. Each qubit can not only be set to1 or 0, and can also be set to.1 and 0.
It can be simply understood that quantum computers store more information per unit.
What exactly does this mean?
For example:
Please think of a number between 1 and 10 and express it with one hand. One hand at a time.Only one number can be expressed.
This is the fundamental law of storing data in classical computers. It’s just that the computer is faster than our fingers, but one bit of it can only store one binary number.
However, if you switch to a quantum computer, the way to express numbers will be immediatelyBe subverted.
For another example, one hand can express 10 numbers. But before the hand reaches out, which number will it represent,Is uncertain.
This is the storage unit of quantum computer — —Quantum bits,The storage mode of. It stores not specific data, but all possible data.Probability of occurrence.
Hands are uncertain until they reach out. But qubits take all the numbers that can be expressed with this hand, all of themoverlayTogether. You only use one hand to store 10 different numbers, and the probability of each number appearing is 10%.
The number that one hand can express is very limited, and it is not a magical thing to store 10 numbers at the same time. But it keeps expanding, and 10 hands and 100 hands can all be used.Superimposed storageIn qubits, this is the power of qubits.
Quantum computers can therefore carry more content at the same time. Ordinary computer units can only process one bit at a time; Quantum computers can process one "qubit" at a time, thus greatly improving the processing speed.
The quantum world is essentially parallel.
Quantum computer not only has powerful storage capacity, but also has powerful parallel computing capacity. Just like turning on a light in a room, light can pass through all the cracks in the wall in an instant. It is this principle that quantum computers can perform high-speed parallel quantum calculations.
For example:
Suppose there is a black box with 1000 wire ends sticking out on the left and 1000 wire ends sticking out on the right, but in fact,Only one wire is connected.Dear, excuse me, how do you find this connected wire?
The answer needs to be tried 1000×1000 times, that is, to1 million timesTo find the answer.
But it’s much easier to solve this problem with a quantum computer.
The actual operation process of quantum computer
As we said just now, the storage of qubits is the superposition of all possible numbers. Then from 1 to 1000, it is actually just a group of qubits. In other words, with only one calculation, the quantum computer takes all the possibilities into account at the same time. It can find the connected wire once. Through parallel computing, the efficiency is improved by 1 million times.
How to calculate this quantum computer, do you see (mei) understand (kan) (dong)?
Why are the "Nine Chapters" so important?
The appearance of "Nine Chapters" is another leap in the field of quantum science and technology in China, and its significance is multifaceted.
The first is in the fields of computer, IT and mathematics.If "the superiority of quantum computing" is realized, the computing power on a specific problem far exceeds that of the most powerful traditional computer. In addition, it can also establish quantum communication networks and quantum internet through quantum computers.
Secondly, in terms of practicality.Quantum computers have a broad space and scope, such as password decoding, big data optimization, material design, etc., which can all be supported by quantum computers, thus solving major national economy and people’s livelihood issues and generating great economic value.As predicted by some scientists, quantum computers will be widely used, and even everyone can use them.
At the same time, the development of quantum computers,Will bless artificial intelligenceThereby reducing the mistakes in AI application and creating an intelligent system that allows early diagnosis of problems.
It is worth mentioning that it alsoClosely related to drug research and development.. If quantum computer is used, as long as its calculation speed is 100~1000 times faster than that of classical computer, it is possible to improve the efficiency of screening prodrug molecules to more than 90% and reduce the cost. However, whether the truly effective drug molecules can be obtained depends on the later biological experiments.
In addition, the fast operation of quantum computers also includesOrdinary but widely used. For example, how to choose the most efficient route for delivery trucks can rely on the help of quantum computers. This is by no means "overqualified".
How far is quantum computing from practicality?
For the research of quantum computer, international peers in this field have recognized that there are three stages of development:
The first stage,For some high-complexity specific problems that supercomputers can’t solve, efficient solutions are realized, and in computational science."that superiority of quantum compute"A milestone.
The second stage,Development of coherent manipulation of hundreds of qubitsQuantum simulatorIt is used to solve some problems with great practical value that supercomputers can’t do (such as quantum chemistry, new material design, optimization algorithm, etc.).
The third stage,Develop a programmable universalQuantum computing prototype.
Classical computers have developed from special-purpose computers to general-purpose computers for decades, and now quantum computers are still in the earliest era of special-purpose computers. Even the fastest "Nine Chapters" only crossed the first stage. However, it is undeniable that the appearance of "Nine Chapters" is a great encouragement, and the future can be expected.
Actor wuyue： I’d rather live in a work than live in a hot search.
In the face of He Yun, a "cloudy character" in "Sweeping the Black Storm", wuyue said: "If you don’t dig out snacks, dig up some liver, you can’t do it."
Source: Wen Wei Po (abridged original)
Before "Sweeping the Black Storm", many people called actress wuyue "Lingling", which is the role she created in "My First Half". Wuyue was scolded by some viewers for shutting down Weibo’s comments because of her portrayal of this annoying role.
After Sweeping the Black Storm, many people began to call wuyue "He Ju" or "He Yun". This time, she didn’t play a positive role, but the public praised her rich performance.
The audience’s "no distinction between people and drama" has caused trouble to the actors, but from the perspective of performance, it is also an acting medal awarded to the actors.
She prefers to "live in a work" rather than "live in a hot search". In addition to participating in the voice charm competition variety "Coming to the Scene", she focused on acting: from the TV series "My First Half Life", "Elite Lawyer", "last romance" and "Sweeping the Black Storm" to the movie Better Days, and then to the drama "Dream Like a Dream" … Every role she played broke through the limitation of typology as much as possible.
Better Days
Ling Ling in My First Half Life is an anti-type and anti-routine role. Chen Nian’s mother in Better Days is also a three-dimensional image, and it is difficult to simply define it with the label of "good mother" or "bad mother"; Gu Xianglan in Dream as a Dream is a dusty woman. ……
When filming "Sweeping the Black Storm", wuyue has been immersed in the emotion of "He Yun". In the face of this "role with more cloudy days inside", wuyue bluntly said: "If you don’t dig snacks, dig some liver, you can’t make it."
As an actor, wuyue has proper limit.
At that time, he was admitted to Shanghai Theatre Academy with the first grade in professional courses, and he also won various awards after his debut. However, she admits that she has never really been confident in acting, and she can’t get rid of the sense of panic of newcomers.
Wuyue said frankly that she had been anxious and confused, and even felt that she was "very, very failed, and her life was very gloomy". What helped her in the end was learning and listening.
Once, at work, she took on an overloaded drama contract for fear of "losing". She played five or six plays in continuous shooting with high intensity in one year, which caused her body to "collapse" at the age of 35-thyroid inflammation and had to be nursed back to health.
She stopped filming for a year to recuperate her life. This year’s "stop" also made her discover that it was not so terrible to have no filming and no income for a year.
It is probably because of this experience that she realized: "You should have the ability to recognize something or a situation, which may be an ugly gift from life."
She said: "The profession of an actor is a profession of dealing with the heart. When your heart is out of order, you can see it in your eyes." Wuyue’s determination made her keep her original heart as an actress.
For an actor, most of the time, taking the road that few people walk and looks the most stupid and clumsy is the most competitive, longest and most stable road.
Editor | Sui Fangfang Rao Wenyuan