爱上海龙凤419论坛-上海后花园论坛-夜上海最新论坛-上海品茶工作室

　　Vanke A has suspended trading since 13:00 on December 18th, 2015. Last night, Vanke announced again that the company expected to disclose this restructuring plan within no more than 30 natural days, and resume trading on January 18, 2016 at the latest. The company promised not to suspend trading and plan major asset restructuring within 3 months after the securities resumed trading.

　　At present, Baoneng, the largest shareholder in the new position, holds 22.45% of the shares, while China Resources, the former largest shareholder, holds 15.29%. Anbang has just put up a placard to harvest 5% of the shares, and the development of the situation is still unclear. Onlookers even put forward many "ideas" for Wang Shi and Vanke’s counterattack. How feasible are these plans?

　　Poison pill plan

　　Difficult to pass

　　The poison pill plan first appeared in the United States in 1982. It was put forward by Martin Lipton, a famous American M&A lawyer, and its official name was "Anti-takeover Measures of Share Dilution". The core of the poison pill plan is that when a company encounters a hostile takeover, especially when the acquirer’s shares have reached 10% to 20%, the company will issue a large number of new shares at a low price in order to keep its controlling stake. The purpose is to reduce the proportion of shares in the hands of the acquirer, that is, to dilute the equity, but also to increase the acquisition cost, so that the acquirer can not achieve the purpose of holding. Sina used the "poison pill plan" in the face of Shanda’s acquisition, and finally gave up Sina grandly.

　　It is speculated that Vanke’s temporary suspension of trading may be a prelude to the implementation of the "poison pill plan". However, the market generally believes that according to the existing articles of association, the poison pill plan is difficult to throw out. If the poison pill plan is to be implemented, Vanke needs to review and approve the proposal to amend the existing articles of association at the board level, and then submit it to the shareholders’ meeting for consideration. However, Baoneng currently holds 22.45% of the shares, and will definitely vote against it at the shareholders’ meeting.

　　scorched-earth policy

　　both sides suffer/lose

　　Since November 27, Vanke’s share price has been rising steadily. Because the funds used by Baoneng to increase its holdings are obtained through leverage, some people in the market have suggested, "If you can’t take poison pills in time, you can choose scorched earth. Taking advantage of the fact that the board of directors has not been re-elected, Vanke’s business will be slowed down across the board and assets will be sold at low prices, which will cause Vanke’s share price to fall sharply with its performance, so that Baoneng will explode and they will inevitably retreat. "

　　Scorched earth refers to the target company selling a large number of company assets, or destroying the company’s characteristics, in order to defeat the hostile acquirer’s acquisition intention. Mainly including the sale of "Crown Pearl" and "puffiness tactics". Selling the "Crown Pearl" refers to selling the company’s most valuable core assets, which makes the acquirer lose interest; "puffiness tactics" means that companies buy a large number of assets that have nothing to do with business or have poor profitability, or make investments that take a long time to be effective, so that the company’s return on assets is greatly reduced in a short time. Through these means, the company has become bloated from lean, and after the acquisition, the buyer will be unbearable.

　　Obviously, this is a "crash and burn" defensive measure, which will lead to both losses. At the key nodes, small and medium shareholders are the group that Vanke should pay the most attention to and unite with. If the scorched earth is implemented, the interests of shareholders will inevitably be damaged. In addition, doing a low share price does not necessarily push back the menacing Baoneng department, but may give them an opportunity to increase their holdings in terms of cost.

　　Retreat to the board of directors

　　Small and medium shareholders believe

　　Feelings or capital?

　　Vanke shares are scattered, and the real decision-making power is firmly in the hands of the board of directors. It is very important for Vanke to attack the invasion of "barbarians" and hold the board of directors. Here, the most important thing is to obtain the voting rights of minority shareholders and avoid Baoneng from entering the board of Vanke. This move is actually no stranger. When Vanke attacked Junan Securities in 1994, it won the voting rights of many small and medium shareholders, thus saving Vanke’s moat.

　　In his internal speech on the 17th, Wang Shi said, "Small and medium shareholders are our major shareholders, and now the capital is fierce, but small and medium shareholders will stand on our side, and customers will stand on our side, demanding a transparent, standardized and law-abiding social order will stand on our side." It shows that Wang Shi is trying to "win over" small and medium shareholders, and he also places more hopes on many small and medium shareholders.

　　Baoneng Department is constantly increasing its holdings of Vanke, which is ambitious. If it aims at the board of directors, it will also find ways to win the support of minority shareholders. Do minority shareholders believe in feelings or capital? It is full of variables.

　　play for time

　　Suspension of trading is only a delaying tactic.

　　At noon on the 18th, Vanke issued a suspension notice. The suspension of trading is the first shot of Vanke’s "equity defense war". It can not only attack the entry of short-term funds, but also gain more time for Vanke to arrange a counterattack, and it can also make Baoneng pay a high capital cost for leveraged funds. Because the high debt ratio is one of the weaknesses of Baoneng, as Wang Shi said: "Where did Baoneng buy Vanke’s money come from? The first money they bought Vanke came from universal insurance, which is short-term debt. They borrow money at different levels, recycle leverage, and have no way out. "

　　However, according to the relevant regulations, listed companies plan to increase their trading, and the suspension time generally does not exceed 10 trading days in principle. If it is only a fixed increase, it does not constitute asset restructuring, and the cumulative suspension time will not exceed 2 months. In last night’s announcement, Vanke also clarified the time limit of 30 natural days. Some insiders believe that "Baoneng borrowed more than 8 billion funds, which is less than 1 billion according to the capital cost of 9% a year. Even if it is suspended for one year, Baoneng can afford it."

　　On the 18th, Qianhai Life Insurance, a subsidiary of Baoneng, re-issued 1.5 billion capital supplementary bonds, and Baoneng is preparing ammunition intensively. In addition, even if the trading is suspended for a long time, Baoneng Department can also take the off-exchange agreement to acquire shares to increase its holdings.

　　To a certain extent, "delaying changes" is a plan to slow down the army and cannot really solve the problem.

　　Turn to China resources

　　It is unlikely to continue to increase its holdings.

　　When Wang Shi counted all kinds of "unqualified" of Baoneng, he gave great affirmation to China Resources, the former largest shareholder.

　　"When China Resources was the major shareholder, it played a very important role in the company’s governance structure … As an international company, China Resources communicated with Vanke’s business sector and learned from each other. China Resources’ credit is not lower than Vanke’s and its ability is not lower than Vanke’s. In the development of Vanke, it plays an important role in the stability of Vanke’s shareholding structure, business management and internationalization. "

　　Since China Resources became the largest shareholder of Vanke in 2000, it has played a more financial investment role, almost never interfered with the operation and management of Vanke, and has always helped support Vanke. China Resources’ shareholding in Vanke is basically maintained within 15%, and the two sides maintain a tacit and harmonious relationship. On August 26th this year, after three placards, Baoneng Department’s shareholding ratio reached 15.04%, surpassing China Resources to become the largest shareholder of Vanke. A few days later, China Resources increased its holdings of Vanke and regained its position as a major shareholder.

　　It is reported that Wang Shi has led Vanke executives to Hong Kong to discuss with China Resources. This time, it is not known how China Resources will make suggestions for Vanke, but it can be inferred that it is unlikely to continue to increase its holdings. Judging from their respective shares, Baoneng has far surpassed China Resources by about 7%, and the funds needed to regain the largest shareholder are not small. Vanke’s share price is at a high level. If China Resources enters, Baoneng Department can just get out of it and earn a lot of money. In addition, China Resources Group has just experienced that Song Lin, the former chairman, was investigated for serious violation of discipline and law, and is also facing personnel turmoil. It is hard to say what attitude the new chairman has towards Vanke.

　　Looking for the white knight

　　What if Anbang happens to be the enemy?

　　There is another trick in enemy-breaking, looking for the white knight. The "white knight" refers to that when a company encounters a hostile takeover, the management of the company seeks a "friendly" company to cooperate in order to prevent the occurrence of a hostile takeover. Generally speaking, the acquisition of "White Knight" supported by management is very likely to succeed. However, this is the same as the "poison pill plan", and the private placement also needs the approval of the shareholders’ meeting.

　　Recently, in addition to the massive attack of Baoneng Department, Anbang Insurance, the "rich man", is also placarding Vanke. On December 8, Vanke announced that as of December 7, Anbang Insurance’s products held a total of 552.5 million shares of Vanke common stock, accounting for 5% of the company’s total share capital. Anbang chose to enter at this time, which is incredible. Is it a "brother" with Baoneng, who has the same insurance background, or a white knight of Vanke?

　　Although there are rumors that Anbang and Baoneng are acting in concert, there is no official confirmation. Whether it is an enemy or a friend, the ultimate pursuit in the capital market is economic interests. Judging from the past gameplay of Anbang, a capital crocodile, even if it is willing to act as a white knight, Vanke will pay a lot of money.

　　replay

　　The dispute between Jun and Wan 20 years ago:

　　How does Wang Shi repel

　　The first intruder

　　Baoneng Department is not the first time Vanke has faced the "barbarian at the door". In 1994, Vanke had a thrilling contest with Junan Securities.

　　According to the description in Road and Dream written by Wang Shi, at that time, Jun ‘an underwritten Vanke B shares, and 10 million shares were still in hand. The cost per share was in 12 yuan, while the market price was only in 9 yuan, with a book loss of 30 million yuan. "Creating the theme of Vanke’s acquisition" is the solution that Jun ‘an came up with.

　　In Wang Shi’s words, "acquisition" naturally stimulates the stock price to rise. As long as Vanke’s stock price rises, Junan can win three things in one fell swoop: selling the backlog of Vanke shares and withdrawing funds; Control Vanke’s board of directors with the support of minority shareholders, and manipulate the stock market more conveniently; Win a good reputation for safeguarding the interests of minority shareholders and market innovation.

　　On March 30, 1994, Junan Securities entrusted four companies (holding 10.73% of Vanke’s total shares) to launch the Letter to All Shareholders of Vanke Enterprise Co., Ltd., proposing to reorganize Vanke’s business structure and management. The battle of "Jun Wan" began.

　　On March 31st of that year, Vanke applied to Shenzhen Stock Exchange for suspension of trading, which was the first time that the China stock market was suspended. At the same time, Wang Shi sent a request for help to the state-owned shares, the largest shareholder at that time, and launched a secret diplomatic action against some key figures. On April 4th, Vanke resumed trading in Shenzhen Stock Exchange. On the morning of the same day, Ke Weixiang, deputy general manager of Shenzhen Stock Exchange, met with Zhang Guoqing and Wang Shi, the two protagonists of the "Jun Wan Dispute", and the two sides shook hands and made peace.

　　This edition of the article

　　Beijing Morning Post reporter Yang Yi

Nanjing Yangtze River Bridge in Black and White Images. (data map) Photo courtesy of China Railway Bridge Bureau

　　(70 years of new China) The "bridge spirit" creates miracles: from the first competitive bridge to the "artery" network on the Yangtze River.

　　Zhongxin. com, Nanjing, September 25 th: The "bridge spirit" creates miracles: from the first competitive bridge to the "artery" network on the Yangtze River (reporter Shen Ran)

　　On September 20, 2019, the world’s first cable-stayed bridge with a main span exceeding 1,000 meters — — The Hutong Yangtze River Bridge is closed, and Chinese builders have once again broken the bridge construction record.

　　From the time before liberation, there was no bridge on the Yangtze River, to the first bridge after the founding of New China, and now there are dozens of river-crossing channels, the record of super bridges in New China has been refreshed again and again on the Yangtze River.

Nanjing Yangtze River Bridge, the bridge deck of which was recently opened to traffic. (data map) Photo courtesy of China Railway Bridge Bureau

　　Anchorage: the first competitive bridge in new China

　　In January 1959, Luo Binfeng, a 23-year-old rural boy from Hubei Province, stood by the Yangtze River in Nanjing for the first time, but he didn’t expect that nine years later, the first river-crossing bridge built by Chinese himself stood — — Nanjing Yangtze River Bridge.

　　In 1927, the Nanjing section of the Yangtze River was declared by American bridge experts as "not qualified for bridge construction".

　　Shortly after the founding of New China, the river-crossing bridge was immediately put on the schedule of the national name project, and on January 18, 1960, the Nanjing Yangtze River Bridge was officially started.

On September 20, 2019, the world’s first cable-stayed bridge with a main span of over 1,000 meters — — Hutong Yangtze River Bridge is fully closed. Photo by Luo Bo

　　Since the bridge started construction, every problem encountered is new … … Both engineers and bridge builders are "holding back the strength that they must succeed."

　　Luo Binfeng, who is 83 years old this year, still remembers the critical situation that happened on September 28th, 1964. At that time, it was a critical period to conquer the positioning of No.4 and No.5 deep-water piers in the center of the river. The sudden flood peak of the Yangtze River first scraped off the positioning anchor rope of No.5 pier, and ten days later, the anchor rope of No.4 pier was also broken. After more than 30 days of desperate struggle, all the staff finally stabilized the giant floating objects in the middle of these two rivers.

Zhou Shizhong, deputy commander of Jiangyin Bridge and then deputy director of Jiangsu Provincial Communications Department, was at the construction site. Photo courtesy of interviewee

　　"The following pier caisson sealing must be done quickly." As an ordinary concrete worker, Luo Binfeng stuck to the pier day and night. "The back cover requires that a 6-meter-high bottom plate must be poured at one time, which means that the workers in six classes work in three shifts and need to work nonstop for two days and two nights. When the meal arrives, there is a boat to send the food to the platform in the middle of the river, eat two bites with the cold wind, and when you are sleepy, you will squat for a while. "

　　The underwater foundation of the bridge is a "hard bone", and the "skeleton" on the water is not simple. At the age of 24, Chang Rongwu was assigned to work in the design team of Nanjing Yangtze River Bridge Headquarters. At that time, he was a young engineer who had just graduated from university. The biggest problem he encountered was the massive bridge structure data that could not be calculated manually.

　　"The Nanjing Yangtze River Bridge can be said to be the first bridge in China to use modern electronic computers." Chang Rongwu told the reporter that the design of the steel beam of the bridge body was statically indeterminate n times, and it was almost impossible to complete the massive data of its safety monitoring if it was calculated by hand. Finally, it was approved to use the only large-scale electronic computer in the country at that time. Although it could be calculated in less than an hour, it was necessary to queue up in Beijing for more than half a month every time, and it was necessary to get back several boxes of paper tapes typed by computers and check the results of the computers centimeter by centimeter.

Jiangyin bridge under construction. Photo courtesy of interviewee

　　"Fortunately, after ‘ Computer ’ Precision calculation, we ‘ Human brain ’ The assumed mechanical model of the bridge is confirmed to be reasonable and accurate. " Chang Rongwu laughed.

　　It is this innovative spirit of "self-reliance and facing difficulties" that inspired thousands of builders to unite as one, and finally built the river-crossing bridge, a national landmark, which has since become the "confidence" for generations of builders to cross thousands of dangers.

On the eve of National Day in 1968, young engineer Chang Rongwu stood at the bridgehead of Nanjing Yangtze River Bridge before it was opened to traffic. Photo courtesy of interviewee

　　Leaping: A Bridge Miracle Created by Chinese

　　In the 1980s, the demand for river-crossing transportation in the Yangtze River Delta region began to show. After the Nanjing Yangtze River Bridge, it is not only the people but also the local government’s urgent idea to build more river-crossing passages. The second river-crossing bridge in Jiangsu section of the Yangtze River — — Jiangyin Bridge was started in 1994.

　　As a result of the reform and opening up period, the construction of this landmark bridge is also a special case of inviting multinational experts to consult in the transportation field for the first time after the founding of New China.

It continuously broke through the Runyang Bridge with the largest span, the largest anchorage and the largest deep foundation pit in China at that time. Photo by Luo Bo

　　Zhou Shizhong, deputy commander of Jiangyin Bridge and then deputy director of Jiangsu Provincial Communications Department, said frankly that as the first super-large suspension bridge with a span of more than 1,000 meters in China, "there were no standardized technical standards before construction, from the early stage of the project to the construction, from the engineering design to the specific construction, every step can be said to be crossing the river by feeling the stones."

　　With the help of experts at home and abroad, during the construction of Jiangyin Bridge, not only the technical standard of the first long-span suspension bridge in China was established, but it is still used today; At the same time, in order to solve the wind resistance of super-long bridges, Chinese builders also creatively designed ultra-thin streamlined bridge decks.

The Nanjing Yangtze River Bridge, which has been opened to traffic for 50 years, overlooks the great changes on both sides of the south and north of the Yangtze River. Photo by Luo Bo

　　"The bridge deck is 36 meters wide, and the bridge deck beam is only 3 meters at the highest, and the aspect ratio is close to 1/12. This ratio was finally determined after dozens of different wind tunnel tests." Zhou Shizhong recalled.

　　With the continuous breakthrough of bridge construction technology in China, Runyang Bridge, which started in the Millennium, has become another peak of technical innovation of Chinese builders: it broke the "eight firsts" such as the largest span, the largest anchorage and the largest deep foundation pit in China at that time.

　　However, the dilemma it faces is unprecedented. "In order to hold the tension of tens of thousands of tons of the main cable of Runyang Bridge, the anchorage foundation pit on the north and south banks of Runyang Bridge is a super deep pit with a plane of more than 9 and a half basketball courts and an excavation depth of tens of meters. What is even more stressful is that less than 100 meters away from the foundation pit is Taotao River. When the foundation pit is dug, it is in the flood season of the Yangtze River. Once deformation and leakage occur, it means that the whole foundation pit will be flooded by the river, and it is difficult for people in the pit to escape. " Until today, Jilin, the chief engineer of Runyang Bridge, still feels scared when he recalls this past.

Towering bridges across the Yangtze River at sunset. Photo by Luo Bo

　　In order to let the workers work in the foundation pit with peace of mind, the project manager of the north anchorage construction of Runyang Bridge jumped out of the foundation pit first, moved a small stool and sat on the construction site until the construction was over. He became the "anchor needle" in the minds of workers. The project manager who is famous for his "small stool" is Lin Ming, the chief engineer of China Jiaojian who later built the Hong Kong-Zhuhai-Macao Bridge.

　　At present, the Dankun Bridge, the world’s longest bridge, the Sutong Bridge, which created four of the world’s best when it was completed, and the Taizhou Bridge &hellip, which won the excellent structural engineering award of the International Bridge Association; …

　　If we overlook the wide river surface in the middle and lower reaches of the Yangtze River from the air, modern bridges of various shapes span at intervals, like an endless "arterial network", connecting countless vigorous economic "engines" in the north and south of the Yangtze River.

Nanjing Dashengguan Railway Bridge was the world’s first six-line railway bridge and the longest span high-speed railway bridge when it was completed. Photo by Luo Bo

　　"It is precisely because of the complex geographical environment and different construction conditions in the middle and lower reaches of the Yangtze River that it inspires us to continuously build super bridges with richer forms, better quality and more innovation." In Zhou Shizhong’s view, the source of this kind of hard work comes from the "bridge spirit" of "self-reliance and hard work".

　　Chang Rongwu, who is nearly 77 years old, often recalls that on the eve of the National Day in 1968, he had just worked continuously from the bridge site for a month, and looked at the bridge that was about to usher in the opening ceremony, with tears in his eyes. "The Nanjing Yangtze River Bridge was the most difficult time in new China, which made everyone feel that nothing could not be done as long as they were United."

From 0: 00 on March 16th, people from low-risk areas in China no longer need to have negative nucleic acid test certificates within 7 days before arriving in Beijing. Affected by this good news, the reporter learned from a number of online travel platforms that the popularity of flights in and out of Beijing has risen rapidly. In fact, since the fourth quarter of last year, the domestic tourism economy has gradually begun to recover in an orderly manner to a comprehensive recovery. China tourism academy had predicted that in 2021, the number of domestic tourists would reach 4.1 billion, and the tourism economy would return to full recovery in consumption and investment.

Small holiday ticket search booking volume is gratifying, and travel demand may be released in advance.

According to the latest data from Ctrip, from 16: 00 to 22: 00 on March 15th, the number of users accessing Ctrip APP increased by 9% compared with the previous day and 14% compared with last week.

Affected by the news that the Beijing area canceled the nucleic acid certification of entering and leaving Beijing, the search and reservation of air tickets and train tickets related to Beijing rose. According to the data from Ctrip platform, in a short time after the announcement of the same day, the instantaneous search volume of Beijing’s originating routes soared, with an increase rate of 100%. Air ticket bookings increased by 60%; Where to go data shows that as of 15: 00 pm on March 12, the booking volume of air tickets and train tickets in and out of Beijing has doubled respectively compared with the same period of the previous day; Within one hour after the news was released, the search volume of air tickets entering and leaving Beijing on March 16 on the same travel platform rose, increasing by 500% compared with the previous hour, among which the search volume of air tickets to Beijing was mostly. The routes with high search volume mainly include Shanghai to Beijing, Chengdu to Beijing, Shenzhen to Beijing, Xiaoshan to Beijing, Guangzhou to Beijing, Beijing to Shanghai, Beijing to Shenzhen and Beijing to Chengdu.

Since the Year of the Ox, with the improvement of domestic epidemic situation, residents’ willingness to travel has increased, and domestic air passenger demand has continued to pick up. According to the latest data from the Civil Aviation Administration, the passenger traffic of civil aviation increased by 187% in February. According to CAPSE data of the tripartite organization, in March, passengers’ willingness to travel quickly recovered, and their willingness to travel for business and tourism was greatly improved. In March 2021, the index of passengers’ willingness to travel increased by 35% from February and 107% year-on-year. At the same time, in March 2021, the proportion of passengers with travel arrangements was 76%, up 4% from February. At present, domestic flights have returned to the level of 85% in the same period before the epidemic. Market institutions have said that in the future, when the epidemic situation can be controlled, it is expected that domestic aviation demand will usher in a small peak during the Qingming and May Day holidays.

It is worth noting that the related searches for the Qingming small holiday and the May Day small holiday have continued to rise since the festival. Where to go data shows that as of now, the booking volume of May 1 air tickets has exceeded 2019. Lan Xiang, dean of Qunar Big Data Research Institute, said that the cancellation of nucleic acid testing certificate in Beijing will greatly stimulate recent travel, and the demand for vacation and visiting relatives suppressed in the local New Year will be gradually released before the small holiday, and rigid travel represented by business travel will also usher in a wave of substantial growth.

Regarding the increase in demand for Qingming and May Day holidays, Lan Xiang said that from March 27 to 28, civil aviation will begin to implement the summer and autumn season. After the season change, airlines will readjust their capacity, and many flights will also have adjustment times. Passengers may wish to wait for the flight to change seasons before planning their holiday trips.

There are obvious signs of recovery, and the tourism fever in more than 100 cities has increased by over 50%

After the holiday, the tourism industry ushered in a recovery, and tourist stores also regained their previous popularity. Since the seventh day of the Lunar New Year, the number of people who went to Ctrip stores to register for tourism has increased significantly. From the seventh day to the end of February, the number of stores in various places was close to 30,000. According to the current booking situation of stores around the country, it is estimated that more than 50,000 people will travel in March. "Clearing the high-risk areas in the country is undoubtedly a big plus for the tourism industry." Zhang Li, CEO of Ctrip’s Tourism Channel Division, said: "From the data point of view, the transaction volume has increased greatly, which is about 10 times higher than that during the Spring Festival. The improvement of tourists’ confidence in traveling is stimulating the accelerated recovery of tourism. "

There are still more than 20 days before the Qingming small holiday, but the hotel reservation has started. Compared with 2019 and 2020, where to go data shows that the average price of Qingming hotel reservations in 2021 is about 15% higher. Holiday hotels and design homestays are popular, especially hotels around large scenic spots have higher bookings. At present, the booking crowd of the hotel is mainly in the post-90 s and post-60 s age groups. The number of hotel reservations after 50 s and 60 s in the current travel group has exceeded the level of last year and the year before.

From the second half of the Spring Festival holiday, the hotel reservation during the May Day holiday has also been quietly opened. The booking mode of "accommodation first and transportation later" has become the choice of many tourists. Where to go data shows that the number of hotel reservations on the day of "May 1" has exceeded the same period in 2019. Many traditional popular tourist destinations even have hotels that are difficult to book, and many hotel rooms in Luoyang, Dali, Suzhou and other places have been reminded of tight inventory.

Lan Xiang pointed out that the demand for tourists’ travel is always huge. During the Spring Festival, many travel demands have been delayed, and the booking mode of "accommodation first and transportation later" is actually the best embodiment of tourists’ travel demands. Tourists book hotels first, and then make supplementary reservations after the travel policies related to air tickets and train tickets are clear. On the one hand, they can avoid peak booking and save costs, on the other hand, they can adjust their travel plans in real time.

According to the big data from Ma Honeycomb Tourism, the spring tourism fever in nearly 100 cities across the country has increased by more than 50%. "After more than a year of normalized epidemic prevention, China tourists have become more accustomed to weekend trips and short-distance trips, and have truly achieved’ say and go’." Feng Rao, head of Ma Honeycomb Tourism Research Center, said that when many tourists shared their travel stories in 2020 on Ma Honeycomb platform, they mentioned that long-term travel plans were often interrupted by sudden changes in the epidemic situation, so many tourists chose to "go and go" when the epidemic prevention and control situation was good. From the end of February to the beginning of March, good news of epidemic prevention and control came frequently, and tourists’ attention to tourism also increased greatly.

Zhang Zhining, deputy director of the Strategic Research Center of Ctrip Research Institute, said that this year is the second May Day holiday after China entered the stage of normalized epidemic prevention and control. Judging from the performance of the "May 1" tourism market in 2020, the domestic tourism market will recover to 53.5% and 36.7% of the same period of last year in terms of the number of visitors and tourism income, respectively. Ctrip Group’s traffic orders during the "May 1" period in 2020 increased by more than 130% compared with April, and car rental orders recovered in full compared with the same period in 2019, and achieved an increase of about 10%. As the domestic epidemic continues to show a steady and positive trend, the "May 1" tourism market in 2021 will also accelerate the pace of recovery. It is predicted that during the May Day holiday this year, the local tourism and Zhou Bianyou market will still maintain a strong growth momentum. Judging from the mode of travel, go on road trip will remain a popular choice for Chinese tourists during the May Day holiday this year. From the perspective of market segments, high-quality products such as private groups and high-star hotels will still be the first choice for users to travel. At present, the China version of the "International Travel Health Certificate" has been officially launched, and the tourism industry is also looking forward to welcoming the resumption of the international travel market under the guidance of relevant state departments.

The popularity of flower viewing has soared, and self-driving travel has become the first choice.

On March 13th, a Weibo of Nanjing traffic police boarded a hot search: by 18: 00 that day, 60,000 people had flocked to Jimingsi Road in Nanjing to enjoy cherry blossoms. In the flower viewing season, the cherry blossoms of Wuhan University, the rape blossoms of Wulingyuan Jiangling, the cherry blossoms of Yuantouzhu and Nianhuawan in Wuxi have opened one after another. With the clearing of high-risk areas in the national epidemic, all localities have ushered in the highlight moment of flower viewing.

Ctrip data shows that the search volume of the keyword "flower viewing" on Ctrip platform increased by 280% at the end of February; The number of people who recently booked flower viewing scenic spots in Ctrip increased by 115% compared with 2019; On the Ma Honeycomb tourism platform, the keyword search popularity of "Where to Go in March" rose by 34%. The popularity of "Sakura" tourism search has recently increased by 22%. It’s the cherry blossom season in Wuhan University, and the "cherry blossom viewing tide" staged in Jiangcheng last spring can be described as a wonder of flower viewing. In addition to Wuhan, Wuxi Yuantouzhu, Shanghai Gucun Park and other famous cherry blossom viewing spots in the south have entered the early cherry blossom viewing period one after another, and the 10,000-acre cherry blossom garden in Pingba, Guizhou is also in bud.

Wuyuan, Jiangxi Province, which is famous for its rape blossoms, has become the fastest-growing tourist destination in Mawei, with a weekly increase of 57%. The tulips in Taiziwan Park near the West Lake in Hangzhou have also entered the full bloom stage, with 35 varieties of tulips, daffodils, grape hyacinthus orientalis, etc. Recently, Beijing has launched 12 "Days of Flowers Blooming-Walking in Beijing to Enjoy Spring Flowers and Read Architecture Theme Tour" routes, which are sorted according to the most beautiful and representative twelve kinds of flowers in Beijing in spring, including winter jasmine, magnolia, peach blossom, plum blossom, cherry blossom, clove, begonia, apricot blossom, pear flower, tulip, peony and phoenix tree.

The most popular tourist game in spring is still flower viewing, but people’s travel style, travel experience and destination choice have changed. Self-driving has become the first choice for domestic tourists to start long-distance flower viewing trips this year. Key words such as self-driving on Sichuan-Tibet line and self-driving in Xinjiang have gained high tourism attention from February to March.

According to the data of Ma Honeycomb, among many flower viewing destinations, the spring tourism popularity of Yili in Xinjiang increased by 317% on the platform, making it the city with the highest increase in spring tourism popularity. Every year around Tomb-Sweeping Day, the apricot blossom in Yili, Xinjiang, one of the "Top Ten Scenes of Flower Appreciation" in China, and the apricot blossom festival is also held during the flowering period. In addition, Linzhi, Xizang, which is famous for its peach blossoms, experienced a 298% increase in spring tourism. Turpan, Dalian, Anshun, Kashgar, Kizilsu Kirgiz Autonomous Prefecture, Jiayuguan, Gannan and Bijie also entered the top ten in the national spring tourism heat increase list, and the heat increased by more than 160%. The cherry blossoms in Pingba, Anshun, and the azalea flower sea in Bijie are all popular choices for spring outing. (Wei Xiayi)

　　How many "smiling angels" are there in the Yangtze River?

　　September 29

　　In 2022, the Yangtze finless porpoise scientific research came to an end.

　　The answer will be given by the Ministry of Agriculture and Rural Affairs.

　　Announce to the public in a unified way

　　The finless porpoise mother and son are playing in the Yichang section. Correspondent Yang Heshe

　　In 2006, 2012 and 2017, plus the just-concluded 2022 Yangtze finless porpoise scientific research, the finless porpoise tracing every five years has attracted much attention.

　　This expedition, which has been searching for finless porpoises for more than 10 days in the main stream of the 1,600 km Yangtze River, ruled out the hypothetical result that the international joint investigation team went extinct more than 10 years ago.

　　From Yichang to Chenglingji

　　The finless porpoise was found many times in the scientific research.

　　In September, the river is blue, the sky is blue, and the trees on both sides of the Yangtze River are lush. The reporter followed two scientific research ships, 020 and 025, down the river and went straight from Yichang to Chenglingji, 390 kilometers away.

　　Yanghe, who lived by Yichang River since childhood, often saw finless porpoises when he was a child. As he got older, he couldn’t see the finless porpoise. He felt it was a pity. In October 2019, after retirement, Yang He happened to see the finless porpoise on the riverside, but he never found it again a few weeks later. Yang He felt very curious and began to look for the finless porpoise with his lens.

　　"Where did the finless porpoise go?" Yang He began to crouch by the river with a camera every day, eating instant noodles and compressed biscuits at noon every day, and the longest time was to search for finless porpoises continuously for half a year.

　　In three years, Yang He took hundreds of thousands of photos of finless porpoises. In Yang He’s eyes, the appearance of the finless porpoise is fleeting, and the speed of shooting the finless porpoise should be seized. The cameras are all continuous shooting, and it is normal to take about 500 photos a day and 15,000 photos a month. Finally, dozens of photos of the finless porpoise were selected.

　　The finless porpoise mother and son are playing in the Yichang section. Correspondent Yang Heshe

　　Yang He has changed from a photographer to a finless porpoise watcher, and thus has become a "special observer" of the Institute of Aquatic Sciences of the Chinese Academy of Sciences. On September 19th, under the guidance of Yang He, the expedition team found a group of finless porpoises in the waters below Gezhouba, and the small finless porpoises were photographed by Yang He on the shore.

　　"This group of finless porpoises has 3 families, with 8 to 10 heads." Yang He identified the finless porpoises by their birthmarks and scars. In his eyes, each finless porpoise has a different color and temperament. He probably knows them all, and he can even clearly distinguish the identities of two small finless porpoises.

　　Yang He searched for the finless porpoise in the same way as the expedition team visually observed the finless porpoise. It is a comprehensive process to find finless porpoises and know the number of finless porpoises on the scientific research ship, which mainly adopts visual observation, passive acoustic monitoring and DNA analysis of water samples at the same time, with visual observation as the main one and the other two as the auxiliary ones.

　　In 1990s, the Yangtze finless porpoise population in the main stream of the Yangtze River was about 2,550, in 2006 it was about 1,800, in 2012 it was about 1,040, and in 2017, the results of ecological scientific investigation showed that the Yangtze finless porpoise population was about 1,012. The data show that the trend of the population decline of Yangtze finless porpoise has been initially curbed.

　　The 4th Yangtze finless porpoise basin-wide scientific expedition is the first scientific expedition since the Yangtze River was banned for ten years. Compared with the finless porpoise expeditions in 2006, 2012 and 2017, this expedition has unprecedented organizational specifications, participants and water coverage. The whole scientific research was carried out in four sections in the 1600-kilometer section of the middle and lower reaches of the Yangtze River, and was carried out simultaneously by more than 120 expedition members and more than 20 fishery boats, covering the main stream of the middle and lower reaches of the Yangtze River, Poyang Lake, Dongting Lake and some tributaries.

　　2022 Yangtze finless porpoise scientific research ship. Reporter Miao Jian photo

　　The Yangtze River has been closed to fishing for less than two years.

　　The growth of finless porpoise has lag effect.

　　On September 25th, No.020 and No.025 scientific research vessels ran 390km from Yichang to Chenglingji River. Not only finless porpoises were found in Yichang and Chenglingji River, but also many finless porpoises were found along the scientific research, which made many scientific research observers quite excited and felt that the finless porpoises were growing rapidly.

　　Hao Yujiang, the captain of the expedition team and an associate researcher at the Institute of Aquatic Sciences of the Chinese Academy of Sciences who participated in the Yangtze finless porpoise expedition for three times, said: "Many people think that with the ban on fishing in the Yangtze River, the finless porpoise will increase substantially, but it is not so fast." The ban on fishing in the Yangtze River is beneficial to finless porpoises, which feed on fish, and the water pollutants from ships in the Yangtze River trunk line basically achieve "zero emission". However, the Yangtze River has been closed to fishing for less than two years. The finless porpoise is the top creature in the ecosystem and will not grow as fast as fish. The growth of the finless porpoise has a lag effect.

　　Hao Yujiang told reporters that the reason why it is difficult for finless porpoises to grow rapidly has a lot to do with the long breeding cycle of finless porpoises. The sexual maturity of finless porpoises is generally 5 years old, and it is not easy for newly sexually mature finless porpoises to get pregnant until they are seven or eight years old, and the pregnancy period is 12 months, which is longer than that of human beings. The finless porpoise is a singleton, and the lactation period is generally 6 months. After birth, it lives with its mother for one to two years, and its reproductive cycle and life cycle are relatively long, which is very similar to human beings.

　　The finless porpoise mother and son are playing in the Yichang section. Correspondent Yang Heshe

　　Environmental carrying capacity of finless porpoise

　　Up to four or five thousand heads

　　"The current purpose of protecting finless porpoises is to hope that they will not be protected in the future, which will take a long process." Wang Kexiong, a researcher at the Institute of Aquatic Sciences of the Chinese Academy of Sciences, said that the ten-year ban on fishing in the Yangtze River provided an opportunity for the protection of finless porpoises, but the adverse factors such as coastal wetland desertification, river solidification and high-intensity underwater shipping noise still existed.

　　"What is the IQ of the finless porpoise? At present, we have not done this research, and there is no test standard suitable for the finless porpoise. No one has tested it. Naturally, it is impossible to know whether there is an IQ of a 5-year-old human child." Hao Yujiang said.

　　Hao Yujiang said that the environmental carrying capacity of finless porpoises depends on the recovery of fish resources in the Yangtze River. The better the recovery, the greater the environmental capacity. On the other hand, there is the influence of shipping. According to historical investigation, in the early 1990s, there should be about 3,600 to 4,000 finless porpoises, or even more. Therefore, the environmental capacity of finless porpoises is no problem when it is four or five thousand, and it can basically get rid of the "extreme danger".

　　A finless porpoise is fishing to eat. Correspondent Yang Heshe

　　Tianezhou nature reserve

　　The finless porpoise has the largest population and export.

　　The reporter saw in the finless porpoise garden of Tianezhou Yangtze finless porpoise reserve that two finless porpoises were breathing from time to time in a cage with a length and width of 15 meters and a depth of 7 meters.

　　At present, there are five ex-situ conservation areas of finless porpoise in China, and Tianezhou Conservation Area has the largest population and export. Since 2015, Tianezhou Nature Reserve has exported 24 finless porpoises to Xinluo section of the Yangtze River (the junction of honghu city, chibi city, Jiayu County and Linxiang City, Hunan Province), Hewang Temple in Jianli, Hubei Province, Tongling, Anhui Province and other suitable habitats.

　　The finless porpoise in Tianezhou Yangtze finless porpoise reserve surfaced. Reporter Miao Jian photo

　　Three Gorges area

　　Suitable for the survival of Yangtze finless porpoise

　　Tao Le, head of the patrol management section of Swan Island Nature Reserve, told the reporter that due to the drought, the water surface of the old Yangtze River in Swan Island is much higher than that of the Yangtze River. They set up a pumping station along the Yangtze River to divert water for supply. Now the average water depth of the old Yangtze River is 4.5 meters, and the deepest part is more than 20 meters, which ensures the life of finless porpoises. At present, there are more than 80 finless porpoises in the old course of Swan Island, and the bearing capacity of finless porpoises is saturated. In the future, it is ready to release some finless porpoises back to the Yangtze River.

　　The finless porpoise can’t bear it if it doesn’t surface for 3 minutes to breathe. Hao Yujiang envisioned the Three Gorges reservoir area, Gezhouba reservoir area or other large-scale deep-water reservoir areas as a "refuge" for finless porpoises in extreme climate.

　　Historically, the distribution of finless porpoises has only reached Yichang section, and if it goes up, the water flow is too fast, so finless porpoises are not suitable for living in rapids and can only live in relatively gentle water. In the past, there were no dams, and Yichang was the farthest place that finless porpoises could reach in the middle and upper reaches of the Yangtze River. Instead, there are Gezhouba and Three Gorges Dam, which have formed a better environment for finless porpoises, especially the Three Gorges reservoir area, which is deep in water and large in water area, and is suitable for the survival of finless porpoises in the Yangtze River.

　　Reporter Yang Jiafeng

　　At the regular press conference of the Ministry of Foreign Affairs on the 10th, a reporter asked that Biden’s government is preparing to announce new tariffs on China for key strategic industries such as electric vehicles as soon as next week (Tuesday).

　　Lin Jian, a spokesman for the Ministry of Foreign Affairs, said that the imposition of 301 tariffs on China by the last US administration seriously interfered with the normal economic and trade exchanges between China and the United States and had been ruled by the World Trade Organization (WTO) as a violation of WTO rules. Instead of correcting the wrong practices, the United States continues to politicize economic and trade issues, abusing the so-called 301 tariff review procedure, and wants to further increase tariffs. This is adding to the mistakes.

　　Lin Jian said, we urge the US to abide by the WTO rules, cancel all tariffs imposed on China, and not to increase tariffs. China will take all necessary measures to defend its own rights and interests.

　　Sun Lei, a senior partner of Beijing Dacheng Law Firm, said in an interview with China Business News that the US action was suspected of violating the WTO agreement.

　　Sun Lei explained that, first of all, if this tariff is only levied on China, this practice violates the most-favored-nation treatment principle of the WTO, and the relevant most-favored-nation treatment principle of the WTO stipulates that all WTO members should be given the same most favorable trade treatment; Secondly, the tariffs that WTO members have negotiated and promised to reduce cannot be increased at will, so this practice also violates the tariff concession commitment made by the United States in the WTO.

　　About to tax

　　According to comprehensive reports, Biden government officials said that it is expected to announce an increase in tariffs on clean energy products from China on the 14 th local time, targeting key minerals from China.Products and.

　　Among them, electric vehicles are particularly concerned, and the tariff rate is expected to increase from the current 25% to about 100%. At the same time, all cars imported into the United States are subject to an additional tariff of 2.5%. This means that China’s overall tariff on electric vehicles exported to the United States will increase from 27.5% to 102.5%.

　　According to sources, the new tariffs on electric vehicles in China are not expected to apply to traditional gasoline-powered vehicles made in China.

　　This decision was made after a year-long review of China’s tariff policy during the Trump administration. Former US President Trump signed a presidential memorandum in 2018, imposing tariffs on about $370 billion of China’s products exported to the United States according to the results of the "301 investigation". After Biden took office, these tariffs were retained on the grounds of security considerations.

　　The Office of the United States Trade Representative (USTR) began a mandatory review in 2022, and the review procedure originally scheduled to end at the end of 2023 will announce the final result as soon as this week.

　　According to sources, tariffs on some industries that are considered to be of strategic significance to the US economy will be greatly increased, while tariffs on other industries that are considered to be less important to national security will remain unchanged or be lowered.

　　It can be seen that the announcement of the review results coincides with the intensification of the US election. AdamHodge, former assistant to Biden’s National Security Council and the Office of the US Trade Representative, told the media that the new tariffs, together with other policies promulgated by the US Treasury Department and the US Department of Commerce, should alleviate some anxiety of American voters.

　　Trump, the Republican candidate, recently responded to Biden’s message that he would impose a 200% tariff on China’s Mexican-made cars.

　　Earlier, on April 17th, the White House website published a message accusing China of unfair practices, and announced plans to take new restrictive measures against China’s steel and aluminum products, including increasing the 301 tariff on China’s steel and aluminum products to three times the current level, and cooperating with neighboring countries to prevent China’s steel and aluminum products from being indirectly exported to the United States.

　　In this regard, a spokesperson for the Ministry of Commerce said that China has noticed relevant news. The US accusation against China has no factual basis, and the relevant measures are typical unilateralism and protectionism, which China firmly opposes.

　　A spokesman for the Ministry of Commerce said, we urge the US to face up to its own problems, stop raising tariffs on Chinese products, and immediately cancel the measures to increase tariffs on China. China will take all necessary measures to defend its own rights and interests.

　　Ding Ru, an associate professor at the School of International Law of China University of Political Science and Law, has been tracking cases in the above fields for a long time. She told the First Financial Reporter that in the relevant cases, the US side has been ruled illegal by the WTO expert group. One reason is that the US side violated MFN treatment, and the other reason is that the US side unilaterally raised tariffs without authorization, which violated Article II of the General Agreement on Tariffs and Trade (GATT).

　　She explained that Article 2 of GATT clarifies the principle of tariff binding, and requires members to submit and abide by the tariff concession table when they join the WTO, and shall not arbitrarily raise the bound tax rate they have promised.

　　According to public information, the United States initiated a 301 investigation into China during the last administration, and then imposed tariffs. On April 4, 2018, the Ministry of Commerce of China filed a consultation request with the WTO dispute settlement mechanism on the taxation proposal under the US 301 investigation into China, and officially launched the WTO dispute settlement procedure.

　　On September 15, 2020, the WTO expert group issued an expert group report on the case of China v. US 301 tariff measures, and found that the US tax measures involved violated WTO obligations.

　　A spokesman for the Ministry of Commerce also said that the US side ignored the international economic and trade order and rules, politicized economic and trade issues, abused the so-called 301 tariff review procedure, and publicly demanded that the tariffs on China products be adjusted at will, thus shifting on contradictions, which was repeated mistakes and did not help solve the problems faced by domestic industries in the United States. American pressure on other countries to restrict China’s products will even undermine the security and stability of the global industrial chain supply chain.

　　How do China car companies face it?

　　What needs to be seen is that the potential measures of the Biden administration are not so much to suppress market segments as to prevent the expected import growth: China’s steel, aluminum and automobiles currently account for only a small part of the US supply.

　　Sun Lei also told China Business News that at present, China’s electric vehicles account for a small share of the US market, and the pain of increasing tariffs at this initial stage will be less. The logic of the United States is that if there is no intervention, the market share of China’s electric vehicles in the United States is bound to rise, and the cost of intervention will be higher after it becomes dependent on China’s supply chain.

　　It is noteworthy that many economic advisers of the Biden administration still have differences on whether to adjust the tariffs in the Trump era. US Trade Representative Dai Qi advocated raising tariffs, and the United States should take "early action and decisive action" to protect the American electric vehicle industry from China. Others, such as Finance Minister Yellen, called for lowering tariffs on consumer goods while focusing on strategic sectors.

　　In this regard, Sun Lei said that if it is a fact to impose tariffs on electric vehicles in China, in the short term,Car companies that invest and build factories in China have great influence. For example, if tariffs are imposed, cars currently produced in China will only be sold in China or other markets except the United States, which will lead to an increase in the fixed costs of car companies. However, super factories in Germany and other countries can digest and adjust this change.

　　Sun Lei said that for Chinese enterprises, the pressure to consider transferring investment will be greater, and the pace of decision-making will be accelerated. In addition, this change affects not only the electric vehicle industry. Because the supply chain of automobile products is very long, the migration of automobile assembly and production to other countries may lead to the inclusion of steel and aluminum, engine technology,The entire supply chain, including, is also affected.

　　What we can see is that while targeting China’s clean energy products, the Biden administration is also encouraging the determination of domestic clean energy investment in the United States.

　　At present, the Biden administration has injected more than $2 trillion into American factories and infrastructure in an attempt to strengthen American industry and cope with climate change.

In 2019, the number of PCT international patent applications in China jumped to the first place in the world for the first time.
The "gold content" of China patents is getting higher and higher.

In recent years, China has attached great importance to the cause of intellectual property rights, and has made a series of remarkable achievements-the steady growth of patent-intensive industries, the coming into force of the Beijing Treaty on Audiovisual Performances, the number of PCT international patent applications ranking first in the world for the first time, the basic realization of the objectives of the Outline of National Intellectual Property Strategy, and so on. The implementation of the strategy of strengthening the country with intellectual property rights has also promoted the acceleration of China’s manufacturing towards China’s "intellectual manufacturing".

April 20-26 is the National Intellectual Property Publicity Week. At the press conference of the State Council Office held on April 23, China National Intellectual Property Administration Director Shen Changyu revealed the remarkable achievements made in China’s intellectual property cause-in 2019, the number of PCT international patent applications in China jumped to the first place in the world for the first time; The Beijing Treaty on Audiovisual Performances, the first international intellectual property treaty concluded in China and named after our city since the founding of New China, will soon come into effect. China ranked 14th in the global innovation index in 2019, up three places from 2018, ranking first among middle-income economies.

The year 2020 is the closing year for the implementation of the Outline of the National Intellectual Property Strategy, and the goals set out in the Outline have been basically achieved.

Patent-intensive industries grew steadily.

Not long ago, China first released the added value of patent-intensive industries. The data shows that in 2018, the added value of China’s patent-intensive industries reached 10.7 trillion yuan, accounting for 11.6% of GDP, and the contribution rate to GDP growth reached 15.7%, which became an important support for high-quality economic development.

Relevant reports and data of the World Intellectual Property Organization also show that China’s ranking in the global innovation index in 2019 rose by three places compared with that in 2018, and rose to 14th place, ranking first among middle-income economies.

Patent-intensive industries refer to those industries whose invention patent density and scale reach the prescribed standards, which rely more on intellectual property rights to participate in market competition, conform to the innovation-oriented development, such as information and communication, new equipment manufacturing, new materials, medicine and medical care, environmental protection industries, etc., reflecting the new achievements of innovation-driven development.

Shen Changyu said that in recent years, developed countries and regions such as Europe and the United States have paid more and more attention to the development of patent-intensive industries. In 2019, the EU’s patent-intensive industries accounted for 16.1% of GDP. Compared with European and American countries, China’s proportion is temporarily 4.5 percentage points behind, but Shen Changyu believes that the scale of related industries in China is expected to continue to maintain steady growth in the future and play a greater role in promoting the development of the real economy.

Strengthening the protection of audio-visual performance property rights

On April 28th, the Beijing Treaty on Audiovisual Performances will come into effect. This is the first international intellectual property treaty concluded in our country and named after our city since the founding of New China, which shows the great progress made in intellectual property protection in our country.

This treaty is an international copyright treaty managed by the World Intellectual Property Organization. In 2012, the World Intellectual Property Organization held the Diplomatic Conference on the Protection of Audio-visual Performances in Beijing, China. The successful conclusion of this treaty provided a clear international legal framework for the protection of performers, strengthened their economic rights, and granted the performers the right to permit or prohibit others from using their images, actions, sounds and other performance activities while performing their works, so that the performers could share the benefits of audio-visual products with the producers.

At the same time, the treaty also fully reflects the requirements of the development of new technologies in the network environment, and provides protection for performers in the digital environment for the first time, so that the rights of performers can be further recognized and fully guaranteed.

Gao Rui, Director-General of the World Intellectual Property Organization, said: "The treaty strengthens the rights of audio-visual performers to their performances, which can translate into income growth and enhance the economic sustainability of the audio-visual industry that brings pleasure to all of us."

PCT ranks first in international patent applications.

On April 7, data released by the World Intellectual Property Organization showed that in 2019, China submitted 58,990 patent applications through the Patent Cooperation Treaty (PCT) of the World Intellectual Property Organization, surpassing the United States (57,840) and jumping to the first place, becoming the country with the largest number of international patent applications.

Shen Changyu said that this development achievement is mainly due to China’s vigorous implementation of the innovation-driven development strategy and intellectual property strategy, the innovation ability and awareness of intellectual property protection of the whole society have been continuously improved, and enterprises have paid more attention to the distribution of intellectual property overseas.

PCT is an international cooperation treaty in the patent field. At present, there are more than 150 States parties. One PCT patent application can be protected by many countries, which is an important patent "armor" for enterprises in the process of going to sea.

According to the classification of PCT international patent applicants, the performance of enterprises and universities in China is very eye-catching. In 2019, Huawei Technologies Co., Ltd. in China ranked first with 4,411 PCT international patent applications, and Guangdong, China Opal Mobile Communication Co., Ltd. ranked fifth (1,927). Among the top ten enterprise applicants, there are four enterprises in China. In colleges and universities, the University of California ranked first with 470 international patent applications, followed by Tsinghua University (265), Shenzhen University (247), Massachusetts Institute of Technology (230) and South China University of Technology (164). Among the top 10 universities, 4 are from China.

Shen Changyu said that the intellectual property department of China will strongly support the intellectual property protection of enterprises abroad. China has set up a guidance center to deal with overseas intellectual property disputes, which will help enterprises deal with a series of intellectual property rights protection issues overseas.

The strategy of strengthening the country with intellectual property rights was accelerated.

This year marks the end of the implementation of the Outline of National Intellectual Property Strategy. In 2008, China promulgated and implemented the Outline of National Intellectual Property Strategy, proposing to "build China into a country with a high level of intellectual property creation, application, protection and management" by 2020. Shen Changyu said that this goal has been basically achieved.

At present, China’s intellectual property ownership has increased substantially, and it has become a veritable intellectual property power. From 2007 to 2019, the number of valid invention patents in China (excluding Hong Kong, Macao and Taiwan) increased from 84,000 to 1.862 million, and the total number of valid registered trademarks increased from 2.353 million to 25.219 million. The number of copyright, new plant varieties, geographical indications and layout design of integrated circuits has increased substantially at the same time. Core patents, well-known brands, fine copyright, excellent new plant varieties and so on continue to increase.

Secondly, the use of intellectual property rights has achieved remarkable results and effectively promoted economic and social development. In addition to the rapid development of patent-intensive industries nationwide, the total box office of national movies reached 64.3 billion yuan in 2019, nearly 20 times that of 2007. The total import and export volume of intellectual property royalties increased from $8.5 billion in 2007 to $41 billion in 2019, an increase of nearly four times.

More importantly, the awareness of intellectual property rights in the whole society has obviously improved. "A comprehensive legal system of intellectual property rights has been basically established in line with internationally accepted rules, administrative protection and judicial protection have been comprehensively strengthened, and the social satisfaction of intellectual property protection has reached 78.98 points, which has entered a good stage as a whole." Shen Changyu said that the public’s awareness rate of intellectual property strategy has increased from 3.7% in 2008 to 86.3% in 2017, and innovation and development, brand consumption and knowledge payment have become people’s habits.

Internationally, with the continuous expansion and deepening of China’s intellectual property cooperation with foreign countries, its international influence has been significantly improved. At present, China has established intellectual property cooperation relations with more than 80 countries and regions around the world and international organizations, and has become an important participant in the formulation of international rules and global governance of intellectual property rights such as the World Intellectual Property Organization and the World Trade Organization. More and more China enterprises are constantly increasing the overseas distribution of intellectual property rights. Not only did PCT international patent applications rank first in the world last year, but the number of international trademark applications submitted through the Madrid system also ranked third in the world.

Shen Changyu also revealed that China is working hard to formulate a strategic outline for strengthening the country with intellectual property rights in 2035. At present, the first draft has been basically formed, and it is planned to be submitted to the central government for deliberation in the second half of this year. (Reporter Yan Ying)

Have a "number" in mind and a score in supervision.

Changzhou Bell Tower, Jiangsu Province: Inter-departmental Big Data Collaboration to Prevent and Resolve Financial Risks

The procurator of Zhonglou District Procuratorate analyzed a clue of an illegal fund-raising case with the help of supervision model.

The procurator of the Zhonglou District Procuratorate launched a publicity campaign to prevent illegal fund-raising.

"Love Late Department" 10 billion pension scam, "Juru Department" P2P financial trap, "Shentong Department" private fund scam.……In recent years, stakeholder-related economic crimes, represented by illegal fund-raising cases, continue to occur frequently, the amount involved continues to rise, the criminal means are being refurbished day by day, and the crackdown situation is becoming more and more severe. How to base on the functional orientation, improve the ability to perform their duties, and provide a strong judicial guarantee for preventing and resolving financial risks has become a difficult problem to be solved in front of the national procuratorial organs.

The Procuratorate of Zhonglou District, Changzhou City, Jiangsu Province has made overall use of big data thinking and technology to independently develop the legal supervision model of stakeholder-type economic crimes, which has achieved a revolutionary leap from manual review and case handling to digital review and case judgment, and contributed procuratorial wisdom to guarding the people’s "money bags".

Overcome difficulties and run out of the "acceleration" of improving quality and efficiency.

"I thought I had to wait for several months, but I didn’t expect to sue so soon, which made everyone see hope at once!" In the petition reception room of the hospital, 72-year-old Uncle Yang, together with four other representatives of fund-raising participants, was invited to attend the case briefing organized by the hospital. When he learned that the case had made new progress soon, Uncle Yang had mixed feelings and was relieved.

Uncle Yang is one of the many elderly people who have been involved in the "love night system" tens of billions of pension scams. From 2014 to 2018, Changzhou Manfujiu Health Information Consulting Co., Ltd. (hereinafter referred to as "Manfujiu Company"), a Changzhou affiliate of "Love Night Department", promised to pay a high return in the name of providing home-based care services, and publicly absorbed more than 160 million yuan from the public, especially the elderly, resulting in more than 500 fund-raising participants hitting Shui Piao with a total of more than 35 million yuan.

"In the past, illegal fund-raising cases were often difficult to identify because of the large number of people involved, long time span and complicated capital exchanges, and the handling period was generally long." Zhu Ye, director of the Fourth Procuratorial Department of the hospital, said that it is precisely because the amount of such cases is highly professional. In judicial practice, investigation agencies generally entrust accounting firms with relevant qualifications to conduct special audits.

However, even a professional audit institution, this work is equally laborious and protracted. Zhu Ye once made a statistic: it takes at least three months to audit an illegal fund-raising case of the scale of Manfujiu Company, and it takes one year to be complicated. Often in the stage of examination and prosecution, the audit report has not yet been released, so that the procuratorial organs have to return the supplementary investigation and extend the time limit for examination and prosecution. Can we use big data to realize the rapid processing of massive accounts, and then drive procuratorial cases to improve quality and efficiency?

After two years of exploration and practice, in April 2020, the legal supervision model of stakeholder-type economic crimes developed by the institute came into being. The model adheres to the concept of inter-departmental big data collaborative case handling, opens up the "data island" between public prosecutors and public prosecutors, and opens the port to public security organs. It collects the electronic running bills and company electronic books generated between illegal fund-raising companies and fund-raising participants obtained in the investigation into a data pool. Relying on artificial intelligence and cloud computing technology, it converts the transaction details of different financial institutions into a unified format, automatically analyzes the creditor’s rights and debts through data cleaning and collision, and finally generates a preliminary statistical report and a tree structure diagram of fund-raising with one click.

"On average, 200 accounts can be cleaned every 5 minutes. The same workload requires three days for manual audit." Zhu Yexin happily introduced, "With the assistance of the model, the procuratorial organ can complete the examination and prosecution within one month, so as not to extend or withdraw the investigation, thus reducing the complaints of the masses."

Taking the initiative to embrace big data has not only enabled dreams may come to reduce burdens and increase efficiency, but also deepened legal supervision and stimulated new kinetic energy.

"The model brings together two data pools. The preliminary statistical report generated by the calculation of the company’s electronic running bill and electronic account book is data pool A, and the report information entered in the investigation link is data pool B. Through comparative collision and intelligent screening, data pools A and B can dig out the clues hidden behind abnormal data, thus achieving accurate supervision." In Zhu Ye’s view, the handling of the case of Manfujiu Company illegally absorbing public deposits vividly explains the new path of digital empowerment procuratorial supervision and cracking down on the rectification of pension fraud.

In this case, the model found a key anomaly in the correlation comparison-the unpaid amount of eight fund-raising participants, including Uncle Yang, was calculated by the model, which was seriously inconsistent with the loss amount reported by them, and it was quickly locked that all the eight fund gaps came from the salesman Huamou. According to this, the procuratorate found out that Huamou occupied and defrauded the company’s property by tampering with the contract amount and signing a false contract, totaling 317,000 yuan, so he promptly launched case supervision. Later, Huamou was convicted of embezzlement and fraud.

Iterative escalation, cutting off the money chain of money laundering crime

At present, stakeholder-type economic crimes go hand in hand with downstream money laundering crimes. After gathering funds, criminals often continue to take risks and launder "black money" by transferring money, "running points", bulk transactions and even cross-border transfers, which makes it difficult to recover the money from upstream crimes and the losses of victims irreparable.

In January 2022, the Supreme People’s Procuratorate, the People’s Bank of China, the Ministry of Public Security and other 11 departments jointly issued the "Three-year Action Plan for Combating and Governing Money Laundering Crimes (2022-2024)", which made systematic arrangements for increasing the punishment of money laundering crimes.

On hearing the order, the hospital promoted the implementation of anti-money laundering work as the "number one" project, adhered to the simultaneous review of upstream and downstream crimes in handling illegal fund-raising cases, and dug deep into the clues of money laundering crimes around the flow of money involved. In that year, three people were prosecuted for money laundering crimes. Behind this, the new iterative and upgraded version 2.0 of the legal supervision model of stakeholder-type economic crimes is indispensable.

"After careful planning, money laundering crimes are often complicated in capital transactions, which require a lot of manpower and time to identify and screen. The original model cannot provide corresponding technical support and needs to be updated." Jun Chen, deputy attorney general of the hospital, said that in version 2.0, the model added anti-money laundering crime supervision rules, accurately tracked the capital chain in massive bill data, and thoroughly examined the whereabouts of funds, which became the "strongest assistance" for case handlers.

To realize the supervision of similar cases, we must first explore the common characteristics. "We have sorted out and analyzed the money laundering crimes handled in the city in the past three years, summed up the rules in terms of the flow, amount, time and frequency of capital transactions, set up a number of supervision rules, and flexibly combined them in different cases." Jun Chen explained.

As a result, the Institute also cooperated with Changzhou Central Sub-branch of the People’s Bank of China and signed the Memorandum of Cooperation on Combating and Governing Money Laundering Crimes. The People’s Bank of China opened a "green channel" for the procuratorial organs to obtain the transaction details of the accounts involved, provided financial data support, and formed a joint force to combat money laundering crimes.

To Jun Chen’s delight, the upgraded model has achieved good results in the case of illegally absorbing public deposits for the first time.

From November 2018 to January 2020, Xu launched wealth management products such as Puka and Gold Card in the name of a technology company, and absorbed more than 14 million yuan from 55 fund-raising participants. Up to the time of the incident, he has paid more than 9.7 million yuan, resulting in direct losses of more than 4.3 million yuan for fund-raising participants.

Where does the huge funding gap flow? Is there a hidden money laundering transaction? After the case was judged, the procuratorial case handlers took "the number of transfers from the company’s fund collection account to a non-fund-raising participant’s account ≥5" and "a single transfer ≥ 50,000 yuan" as the model screening rules, and cleaned and identified thousands of complicated related transaction data. Ten minutes later, Yang, an outsider, surfaced.

The model screening results show that from September to November, 2019, there were as many as 23 transfers between the company’s fund collection account and Yang’s personal account, of which a single transfer of more than 50,000 yuan reached 3 times, which was obviously abnormal.

After receiving the clues pushed by the model, the hospital coordinated the relevant commercial banks to retrieve the flow of Yang’s personal bank account through the People’s Bank of China, and imported it into the model again, showing that 16 of the above 23 funds have been withdrawn, and the remaining 7 funds have been transferred, and finally flowed to the personal account named Shen but actually controlled by Xu, the person in charge of the company.

On this basis, the procuratorate judged that Yang was suspected of money laundering, and immediately transferred the clue to the public security organ and the People’s Bank of China for joint investigation. After guiding the investigation, it was finally found out that Yang knew that Xu was engaged in illegal absorption of public deposits, and he still helped to transfer more than 490,000 yuan of stolen money through cash withdrawal or transfer. On December 17, 2022, the court prosecuted Yang for money laundering.

In view of the weak regulatory links exposed in the case, the court also issued a letter of legal risk warning to the relevant banks involved, suggesting to further improve the regulatory mechanism for account anomalies and cut off the capital chain of money laundering crimes in time.

"With the model as a link, we have carried out multi-level and in-depth cooperation with the People’s Bank of China in data sharing, clue research, subject research, and rule of law propaganda, and jointly woven a’ Skynet’ to punish money laundering crimes." Jun Chen introduced that in March this year, the two sides also jointly launched the legal-popularization sitcom "The Correct Opening Method of Anti-money Laundering", which was circulated in the business outlets of 23 banks in the city, so that the awareness of anti-money laundering was deeply rooted in the hearts of the people.

Wake up the data and grasp the "wind vane" of risk warning.

The deep-seated significance of digital empowerment lies in promoting the fundamental transformation of procuratorial work from passive to active, from handling to governance.

In handling the case, the hospital found that some people involved in the case who were not dealt with were good at "taking advantage of the loopholes in the law" and wandered in the gray area, adding fuel to the fire for illegal fund-raising, and such groups were just the blind spots of supervision. "This discovery dates back to an illegal fund-raising case handled three years ago. The case relies on group operation, and the organizational structure of the fund-raising company is a four-level’ pyramid’ structure of the person in charge, the sales manager, the team manager and the salesman. " Zhu Xi recalled.

For this kind of multi-level organizational structure, in the process of information transmission from top to bottom, there will generally be layer-by-layer attenuation, and the criminal intent of the people involved will also decrease accordingly. According to the relevant judicial interpretation, for ordinary salesmen at the bottom of the pyramid, the procuratorial organs fully implement the criminal policy of combining leniency with severity, and those who can take the initiative to return stolen goods and compensate, generally will not be investigated for criminal responsibility.

Unexpectedly, when reviewing the list of salesmen attached to the audit report, Zhu Ye inadvertently caught a glimpse of a familiar name-Zou, involving 2.6 million yuan. With vague memory, Zhu Ye began to search the cases of previous years case by case, and finally found the same name in the list of audit report salesmen of an illegal fund-raising case in 2018, involving an amount of 800,000 yuan.

"I have worked in two illegal fund-raising companies. Although they are all bottom-level salesmen, I still return to my old business after the first company was investigated, and the amount is large, and the subjective intention is particularly obvious." Zhu Ye believes that Zou no longer has the condition of "leniency", so he prosecuted according to law.

After arriving at the case, Zou admitted that he wanted to use the criminal policy of combining leniency with severity as an "umbrella" to evade legal investigation, but unexpectedly he "fortunately" met the same prosecutor. Zhu Ye, the "lucky" prosecutor, also admitted that it was with the impression of the remaining unpopular surname of "徾" that he stumbled upon a "fish that escaped from the net".

"But handling cases cannot rely solely on’ impression’ and’ accident’." With the continuous accumulation of business experience, Zhu Ye gradually realized that it is not only the fund-raising actors who attempt to "exploit the legal loophole"-some fund-raising participants know that there are many traps, deliberately make quick money by means of fast-forward and fast-out, and after tasting the sweetness, they become "professional investors"; Some P2P borrowers saw the fund-raising company go bankrupt, but they deliberately defaulted on it when they clearly had the repayment ability, forming a malicious "debt evasion"……

How to "wake up" and "revitalize" the sleeping case data to further enhance the risk early warning and social governance capabilities? The legal supervision model of stakeholder-type economic crimes breaks through the data barrier between cases, and expands and generates three types of group information base-

Relying on the information base of fund-raising actors, the hospital implements list management for the business personnel of the company involved, and gives early warning to those who participate in illegal fund-raising again, and will be prosecuted according to law if the circumstances are serious; Relying on the information database of fund-raising participants, the institute has issued more than 180 reminder letters since 2020 for many participants who have been screened out; Relying on the P2P borrower information database, we will promptly push malicious "debt evasion" clues to local financial supervision departments to provide support for subsequent recovery.

"The convergence of case data can enable procuratorial organs to dig out the social problems hidden behind the cases in a timely and in-depth manner, do a good job of risk warning, and participate in social governance in order to be more targeted." Sun Min, the chief procurator of the hospital, said.

(Our correspondent Qi Hao   Gao Shan   Huang Min)

Feel the surging momentum of digital prosecution

&ensp, deputy to the National People’s Congress, sample garment worker and trade union chairman of Changzhou Laosan Group Co., Ltd.; Li chengxia

In recent years, the crime of illegal fund-raising is still running at a high level, the number of fund-raising participants continues to rise, and new illegal fund-raising methods emerge in an endless stream. The ever-changing "vest" is even more overwhelming and difficult to distinguish between true and false. Among them, the huge elderly population has become the main hunting target of criminals. The overall situation of illegal fund-raising is still grim, and it is extremely urgent to effectively prevent systemic financial risks.

Better late than never, save for a rainy day. In 2019, the Supreme People’s Procuratorate focused on preventing and resolving financial risks, and issued the "No.3 Procuratorial Proposal" to the Central Financial and Economic Committee to promote the improvement of the financial supervision system and mechanism. The national procuratorial organs insist on paying equal attention to both punishment and governance, and promote the implementation of the "No.3 procuratorial proposal": taking judicial handling as the starting point, continuously increase the punishment for illegal fund-raising crimes; Actively guide the investigation organs to dig deep and dig through the whereabouts of the stolen money, and maximize the recovery and loss.……

Pioneering and innovative ideas and effective measures show us the clear attitude and bold responsibility of procuratorial organs to punish illegal fund-raising crimes according to law. Among them, the legal supervision model of stakeholder-type economic crimes developed by Zhonglou District Procuratorate of Changzhou City, Jiangsu Province is particularly eye-catching. The model is oriented to solve the problem of handling cases, takes big data as the core, studies algorithms and rules intensively, and opens up a new world of digital censorship, case supervision and intelligent early warning, so that people can feel fairness and justice in every judicial case, but also feel the surging momentum of digital prosecution.

It is hoped that the procuratorial organs will continue to intensify the crackdown on the crime of illegal fund-raising, run through the whole process of handling cases, further strengthen communication and cooperation with financial supervision departments, prevent and resolve financial risks, eradicate the social soil where illegal fund-raising breeds, and maintain economic and financial order and social harmony and stability. At the same time, it is also hoped that the procuratorial organs can continue to optimize and refine the legal supervision model of stakeholder-type economic crimes based on reality, and continue to develop more effective, practical and easy-to-use supervision models, so as to improve the quality and efficiency of handling cases, help the intelligent supervision and respond to the expectations of the masses with the digital procuratorial reform in hit the floor.

Video: Teenagers enjoy a gluttonous feast on the beach, steak, truffle, foie gras, sea urchin, whatever you want, we are seventeen years old 170304

Wang Laoji, Zhejiang Satellite TV’s "We Are Seventeen" began its final journey last Saturday. During the journey, the "Seventeen Brothers" who returned to their original intentions and gained precious friendship worked together to win a sumptuous dinner. However, the creative sea urchin sushi that the brothers worked hard to win did not have sea urchins. The aggrieved Guo Fucheng and Lin Zhiying joined forces to protest; the chef’s top cooking skills made the brothers collectively speechless, and even the gourmet "Hua Biao" was at a loss for words.

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The brothers encountered "sea urchin sushi" without sea urchins.

During the journey back to the age of 17, the 17-year-old teenagers who could never get enough to eat were always worried about the problem of eating: at the toll station in Guangxi, the six brothers who wanted to save money could only share a bowl of rice noodles; on the deserted island of Beihai, the brothers who had no food had to cut firewood and cook instant noodles by themselves; in Dali, Yunnan, the brothers were more self-sufficient to eat, going up the mountain to catch chickens and going down to the fields to grow garlic… However, in the last graduation trip, the brothers relied on the strength of unity to obtain the most luxurious dinner in the history of "Seventeen"! In addition, the director team specially invited the famous creative food chef Chef James to cook it himself, and also chose the dinner location on the beautiful Sanya beach, so that the brothers could enjoy the hard work in the sunset and the sound of waves.

However, what surprised the brothers was that the long-awaited "sea urchin creative sushi" did not have sea urchins! Thinking of the brothers who would overcome all obstacles for this dish one by one during the day, Lin Zhiying was the first to express her dissatisfaction: "We are so tired of this dish! As a result, sea urchin sushi does not have sea urchins!" The wayward "city baby" is even more cute act: "I don’t care, the baby just wants to eat sea urchins!" However, the fierce protest of the brothers was silenced after the first dish was served. The chef was very creative and replaced the sea urchins with beef and salmon to create a creative sushi that the brothers had never seen before. The tender beef wrapped in rice and salmon was sent into the mouths of the brothers, which made the brothers who had always spoken to the director frequently run out of words. Even the "China Encyclopedia", which was eloquent when it came to food, was at a loss for words, and could not say anything other than "delicious".

Guo Fucheng turned into a foodieSee food pupils glow

Before the second black pepper crab fried rice cake was out of the pot, the brothers were salivated by the rich aroma, and when the burnt crab was sent to the mouth, Guo Fucheng’s pupils unconsciously dilated, and he was so delicious that his heart was full of anger. Looking at the brothers who were eating hard, the chef was relieved that his dish was popular with everyone, but on the other hand, he couldn’t help but wonder "What kind of reality show is this, which makes everyone hungry like this." If the brothers encounter "bad luck" in the show, the dinner is often bugs, white porridge and small yellow croaker, which makes people can’t bear to recall. Wei Daxun couldn’t help but joke, "What happened to your seventeen-year-old? My seventeen-year-old was not like this."

In fact, the duel between the brothers and the director group in this graduation trip is not over yet, and the brothers who have complained about the past trip will also stage an unexpected reversal! And the reluctant brothers are about to say goodbye to their seventeen-year-old selves. How should they say goodbye to the seventeen-year-old? At 21:20 on March 11, Zhejiang Satellite TV Wang Laoji’s "We Are Seventeen" closing night, so stay tuned!

　　In marriage, husband and wife should be loyal and love each other. However, some people can’t resist the temptation and choose to leave after doing immoral things. In a broken marriage, can the cheater really get away with it? How should the innocent party protect its legitimate rights and interests?

　　Case review

　　Ex-husband cheated in marriage. Ex-wife asked for compensation

　　In July 2019, Xiao Zhang and Xiao Li divorced due to emotional breakdown agreement. In August 2019, Xiao Zhang remarried with others. After the divorce, Xiaoli and Xiao Zhang’s parents live in the same community. On this day, Xiaoli accidentally discovered that a child seat was added to Xiao Zhang’s parents’ bicycle, which made her feel puzzled. Later, she found that Xiao Zhang and his current wife had a son in March 2020, and it was still the marriage duration of Xiao Zhang and Xiao Li. Xiao Li felt that this had a great impact on her psychology. In February 2022, Xiao Li was diagnosed as anxiety and depression by the hospital. Therefore, Xiaoli sued Xiao Zhang to the court. Xiaoli believed that Xiao Zhang violated the duty of loyalty, cohabited with others and had children during the marriage relationship, which seriously damaged his legitimate rights and interests and caused great mental damage. Therefore, he asked Xiao Zhang to pay himself compensation of 100,000 yuan for mental damage.

　　Regarding his ex-wife’s claim, Xiao Zhang argued that on the one hand, as far as the facts are concerned, the two divorced because of their incompatible personalities and could not continue to live together. During the marriage, they either rented a house outside or went back to their parents’ house, and there was no cohabitation with others. At the same time, Xiao Zhang thinks that the conditions of Xiaoli’s divorce agreement are very harsh, and he also accepts and basically fulfills them. On the other hand, Xiao Zhang thinks that Xiaoli didn’t file damages until more than two years after the divorce, so the law at that time, namely the provisions of Judicial Interpretation II of Marriage Law, should be applied. scheduled period, who filed a lawsuit more than one year after two years, should not pay compensation herself. The two argued endlessly about this.

　　Court hearing

　　Evidence of infidelity is conclusive. Ex-husband pays 100 thousand

　　The second paragraph of Article 1043 of the Civil Code stipulates that husband and wife should be faithful to each other, respect each other and care for each other; Family members should respect the old and love the young, help each other and maintain equal, harmonious and civilized marriage and family relations.

　　Article 1091 of the Civil Code stipulates that if one of the following circumstances leads to divorce, the innocent party has the right to claim damages: (1) bigamy; (2) Living with others; (3) committing domestic violence; (4) maltreating or abandoning family members; (five) there are other major faults.

　　The court found through trial that Xiao Zhang and Xiao Li agreed to divorce on July 25, 2019, and their daughters were raised by Xiao Li. Xiao Zhang paid her daughter’s living expenses of 6,000 yuan per month after the divorce, and the tuition, medical expenses and insurance fees were paid separately. On August 7, 2019, Xiao Zhang registered marriage with others. After the marriage, the two parties had a son Xiaoming on March 5, 2020. According to the first registration form of the Birth Medical Certificate issued by a hospital in Beijing, Xiaoming was born on March 5, 2020, and his gestational age was 40 weeks and 1 day. In addition, on February 14, 2022, according to the court’s investigation order, Xiaoli entrusted a lawyer to the police station to issue a certificate letter, which proved that Xiao Ming was the son of Xiao Zhang and the date of birth was March 5, 2020. In addition, on February 9, 2022, Xiaoli went to a hospital for anxiety and depression. According to the case records of the psychiatric outpatient department of the hospital, Xiaoli complained of irritability, depression and poor sleep, and was diagnosed as insomnia, anxiety and depression.

　　The court held that regarding the application of the law to the dispute between the two parties, according to the provisions of the Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of the Marriage Law of the People’s Republic of China (II), if a party filed a claim for damages to the people’s court on the grounds of the provisions of Article 46 of the Marriage Law after going through the divorce registration formalities at the marriage registration office, the people’s court shall accept it. However, if the parties have explicitly given up the request when they agreed to divorce, or put it forward one year after the divorce registration, it will not be supported. According to Article 89 of the Supreme People’s Court’s Interpretation on the Application of Marriage and Family Compilation in the Civil Code of People’s Republic of China (PRC), "if a party files a claim for damages to the people’s court on the grounds of Article 1091 of the Civil Code after going through the divorce registration formalities in the marriage registration office, the people’s court shall accept it. However, the parties have clearly stated that they will give up the request when they agree to divorce, and the people’s court will not support it. " The specific infringement facts in this case can be determined that the pregnancy time of Xiao Zhang’s son born with others occurred during the marriage relationship between Xiao Zhang and Xiao Li, that is, Xiao Zhang had sexual relations with others during the marriage relationship with Xiao Li, according to the first registration form and the Birth Medical Certificate issued by a Beijing hospital in Beijing. According to the certificate letter issued by Xiaoli’s police station and the psychiatric outpatient cases of a hospital,It can be concluded that Xiaoli only learned of Xiao Zhang’s infringement in early 2022, that is, the infringement result occurred after the implementation of the Civil Code. According to the provisions of the Civil Code on tort liability, the infringement occurred before the implementation of the Civil Code, and the infringement damage result occurred after the implementation of the Civil Code, so the legal provisions of the Civil Code should be applied.

　　Therefore, Xiao Zhang had sexual relations with others during the marriage relationship with Xiao Li, and gave birth to children, which was in line with the provisions of Article 1091 of the Civil Code for damages. Xiao Li’s request for ordering Xiao Zhang to pay him 100,000 yuan for mental damages was justified and in line with the law. Regarding Xiao Zhang’s reply, there is no factual and legal basis, and the court will not accept it. In the end, the court ruled that Xiao Zhang paid Xiaoli 100,000 yuan for mental damages.

　　Judge’s prompt

　　How to exercise the claim for divorce damages?

　　Divorce damage compensation refers to a legal system in which the spouse’s major fault leads to the breakdown of the marriage relationship, and the fault party should compensate the innocent party for the loss. Divorce damages include material damages and mental damages, and the amount of compensation can be agreed by the husband and wife. If the agreement fails, the court will determine it as appropriate. The system of divorce damages is a kind of relief given by law to the innocent party in marriage at the time of divorce. On the basis of the Marriage Law, the Civil Code has added "other major faults" as the bottom clause that can be applied to divorce damages, and included some situations that did cause serious damage to the other party into the scope of damages, further improving the divorce damages system. "There are other major faults", that is, other behaviors that violate marriage and family obligations in marriage, such as adultery, drug abuse, gambling and whoring, are generally determined by the court according to the circumstances of the case.

　　Judge Zhou Tao of the Juvenile Family Court of Xicheng District People’s Court said that according to relevant laws and regulations, the subject of the claim for divorce damages can only be the innocent spouse. It is proposed by the innocent party to his legal spouse, that is, the guilty party. The third party who commits bigamy, cohabitation, adultery and other acts with the fault party is not the subject of compensation obligation in the divorce damage compensation system, and the fault-free party cannot claim compensation from the "third party" in divorce proceedings. If both husband and wife are at fault, neither of them can claim damages. In the case of divorce proceedings, if the innocent party, as the plaintiff, files a claim for divorce damages to the people’s court, it must be filed at the same time as the divorce proceedings. If the innocent party, as the defendant, does not agree to the divorce and does not file a claim for divorce damages, he can file a separate lawsuit for divorce in the future. In view of the case of divorce by agreement, if the divorce registration formalities have been completed in the marriage registration office, the people’s court may still file a claim for divorce damages with the court, but the people’s court will not support it if the request has been explicitly abandoned at the time of divorce by agreement.

　　During the marriage relationship, the violation of loyalty obligations by either spouse will often constitute an infringement of the other spouse’s rights, causing the other spouse to suffer both material and spiritual damage. It is the need to promote equal, harmonious and civilized marriage and family relations, and also the protection of social public interests to make the wrong party punished for the damage and the innocent party compensated and relieved for the damaged rights.

　　Text/Tian Jing Ma Jiakai (Beijing Xicheng Court)

In the middle of this month, the Central Radio and Television General Station and the Organizing Committee of the 19th Asian Games in Hangzhou launched the Asian Games Art Creation Season for Asian artists. Nearly 100 outstanding Asian artists and people from all walks of life participated in it, and their works can be seen in many Asian Games venues and main media centers.

In the main media center of Hangzhou Asian Games, the home base of Chinese and foreign media, a statue of Golden Pine is like a hospitable host, welcoming all media in the main media center.The work "Golden Pine welcomes guests" comes from Zhu Bingren Bronze Sculpture Art Museum.

China arts and crafts master Zhu Bingren:In fact, we can see some of my works on display in many venues of the Asian Games, with a total number of more than 100 pieces. They are also gifts for the Asian Games as artists, and they are also used to welcome these athletes of the Asian Games.

What attracted us most when we came to Zhu Bingren Bronze Sculpture Art Museum was the art exhibition dedicated to the Asian Games.Many of the works in it were specially created by Zhu Bingren for the Asian Games, especially this "Three Seal of Hearts" was created by Zhu Bingren in collaboration with two other masters, and can be bought in franchised stores.

Of all the works created for the Asian Games, Zhu Bingren likes the Dancer best. The abstract structure gives the audience the greatest imagination. For example, does he look like an Asian Games torchbearer who is carrying the flame, and when they are combined, they look like performers who are singing and dancing to welcome the Asian Games.

This art of melting copper was discovered by Zhu Bingren in a fire, and the free flowing form of copper after melting gave him artistic inspiration. For the first time in the history of Asian Games, the artistic creation season of Asian artists in Hangzhou Asian Games has given artists like Zhu Bingren more creative space.

China arts and crafts master Zhu Bingren:How can art and sports, art and our culture be more closely combined, especially with international exchanges, so that we can show our best and most beautiful things to the people of Asia and the people of the world.