The reporter investigated the chaos of summer employment: sorting, loading and unloading express delivery only got more than 100 yuan a week.

  After 18 days of summer work, I got less than three figures.

  Recently, some media have received help from two college students’ summer jobs. According to the payroll provided by them, the original agreed basic salary was 1000 yuan. When recruiting, it was said that it was good to have food and shelter, but when it was settled, it was deducted again. After deducting various expenses, only 100 yuan was left. Other summer jobs in the same period even worked for 32 days, and finally only got 126 yuan.

  During the summer vacation, many college students choose to do summer jobs. However, a recent survey by the reporter of the Rule of Law Daily found that many college students who have had summer jobs on social platforms spit out that "don’t work in summer vacation" and "summer jobs are all traps". Some employers clearly promised "high salary" when recruiting, but actually deducted wages for various reasons. Some employers only regard summer jobs as short-term cheap labor, completely ignoring their due labor rights and interests.

  Why is the chaos of summer workers constantly? How can we safeguard the rights and interests of summer workers? With these questions, the reporter launched an investigation and interview.

  Promise in advance and fail afterwards.

  Deduct one’s due salary and then deduct it

  In June this year, Xiao Zi of Yibin City, Sichuan Province, who was preparing to go to college after the college entrance examination, saw a message on the Internet about recruiting a summer job. She worked in a logistics park in the suburbs, doing sorting, loading and unloading express delivery. Xiao Zi and five classmates went to work together. A few young people with the idea of "making some money by the way" did not expect to be severely "splashed with cold water".

  "At that time, it was agreed that 15 yuan would work for one hour, five days a week, and the salary would be paid weekly. The working hours every day were from 2 am to 1 pm. Accommodation is free, and everyone can pay 10 yuan’s utilities every day. You can earn almost 800 yuan in a week. " Xiao Zi said that the conditions provided by the employer at the time of recruitment made him and his friends feel quite good, so he readily agreed to go to work after short-term training. Unexpectedly, the actual treatment was completely different from the other party’s promise.

  Xiao Zi recalled: "When I went to get my salary in the first week, I found that 800 yuan’s salary was only expected to be more than 100 yuan: originally, only the water and electricity charges in 10 yuan turned out to be utilities, insurance, accommodation and other expenses, which added up to more than 200 yuan a week, but we didn’t actually apply for any insurance; After working for 5 days, it turns out that I only succeeded in punching in 3 days. The key is that no one told us to punch in. Instead of calculating working hours according to the original 11 hours every day, we directly deducted two hours for eating and resting. "

  After Xiao Zi and others got their first week’s salary, they were deeply indignant. Later, they found the local labor inspection department, and the staff helped them get back the "inexplicably deducted part" salary after understanding the situation.

  Lin Yi, a college student in Shantou City, Guangdong Province, who also suffered from salary deduction, was not so lucky. In July this year, Lin Yi found a summer job as a residential security guard through a recruitment agency. It was originally agreed with the agency that he would work in 20 yuan for one month with an hour’s salary and eight hours a day.

  "When I signed the contract, I didn’t pay attention. The originally agreed month became three months. Now I want to leave for a month, and the other party disagrees. It is said that the agreement is written as above for three months. If I work for one month, I can only get half of my salary, and my working hours have become 12 hours a day. If I can’t do 12 hours an hour, I will only give it to 15 yuan." Lin Yi said, in this way, the final salary is only one third of the original. He also tried to ask the local labor inspection department for help, and the other party said that there was no good way to solve this situation.

  Through investigation and interview, the reporter found that the situation of deducting summer workers’ wages has occurred from time to time, and the reasons for deducting them are also varied. It is worth noting that these cases of wage deduction are often not explained before summer workers get paid.

  Shen Jianfeng, a professor at the Law School of the Central University of Finance and Economics, told the reporter that most of the current judicial practices in China believe that students can’t establish labor relations, which leads to the phenomenon that students use summer vacations to work without the protection of labor law, and their rights and obligations can only be determined according to the free agreement of the parties. The agreement reached by the parties according to law is also legally binding, and both parties shall abide by it. In the case of realizing the agreed remuneration and the reasons for deduction, arbitrary deduction in violation of the agreement constitutes a breach of contract. Students have the right to ask the unit to continue to pay labor remuneration and bear the responsibility for breach of contract.

  According to Li Haiming, an associate professor at the School of Law of the Central University of Finance and Economics, the nature of summer jobs is controversial, and the legal relationship between summer jobs organized by schools and students’ autonomy is also different. If it is a student’s independent summer job and has little to do with the student’s major, it is more reasonable to adjust it by the labor law. At this time, the rights of summer workers should be protected in strict accordance with the legal system of wage guarantee. If the focus of students’ summer work is not to earn remuneration and subsidize their study and life, but to gain professional experience through internships, then the rules of wage guarantee should not be applied, but the rules of the Ministry of Education on remuneration and subsidies for internships should still be applied.

  "In addition, the key to this inconsistency between commitment and fulfillment is not whether it constitutes wage deduction, but whether the contract is observed. If students can provide sufficient evidence, there should be multiple ways to relieve their remuneration rights. " Li Haiming said.

  Recruitment fraud damages rights and interests

  Various excuses to refuse to pay wages.

  Zhang Li, a college student from Nanchang City, Jiangxi Province, told the reporter that some time ago, he saw a company recruiting in the part-time group. The salary was 3,000 yuan per month, and he only worked for three days a week and the work was easy, but he didn’t know what to do until the interview.

  "The treatment is high and easy, so I naturally want to give it a try." Zhang Li said that according to the address provided by the other party, he came to a residential building without any signboard. The person in charge of reception told him to pay the 100 yuan deposit before making sure to work.

  However, after paying the deposit, Zhang Li found something wrong. "The other party told me that I have to pull 20 people over before I can arrange work. The deposit will not be refunded until I have pulled enough." Zhang Li said, "In this way, I took the 100 yuan and the toll for nothing, and finally I didn’t earn anything. The part-time group was dissolved in a few days, and then I went to find someone else to go to the building."

  This kind of "reality is inconsistent with propaganda" has been encountered by many summer workers. "Before I came, I vowed that interns and regular workers were treated equally. Now 1000 yuan’s wages are delayed. I really didn’t expect it." Chen Bei, who went to college in Suzhou, Jiangsu Province, told reporters that she was attracted by "high salary" and went to a local education institution as a summer job. At that time, it was agreed to pay 80% of the wages of regular workers, but it became 40% after one month, and it changed from 8000 yuan to 4000 yuan a month. "And we didn’t enjoy all kinds of benefits of regular workers, such as taxi subsidies, fruits every day, etc. In addition to the work we should do, we have to do chores such as cleaning, far exceeding the agreed off-duty time, so the monthly salary is only 70%, and we will pay it all when we leave." Chen Bei said, but after working for a month to find the other party to leave, the other party refused to pay the unpaid salary of more than 1,000 yuan on the grounds that "temporary workers can’t resign at any time".

  In the investigation, the reporter found that many intermediaries and companies will publish high-paying recruitment information through part-time groups, "friends circle" and local recruitment platforms, but the actual treatment may be greatly reduced. In some places, the recruitment of WeChat official account and part-time workers lacks basic review, and there is also a summer job with an hour of 4,500 yuan. In the remarks, it is also required to say that you saw the recruitment information on a recruitment platform when contacting.

  Liu Wei, a partner of Beijing Shengchi Law Firm and a member of the Labor and Social Security Law Business Research Association of Beijing Chaoyang District Lawyers Association, told the reporter that some recruitment units drain job seekers by publishing high-paying information on the recruitment platform, and then sit on the ground and bargain, or make deductions under various pretexts. This behavior is a typical recruitment fraud, which seriously damages the rights and interests of job seekers.

  The reporter’s investigation found that there are intermediaries who introduce summer workers to get kickbacks. For example, the price given by the factory is one hour in 20 yuan, and the outsourcing company gives one hour in 14 yuan, from which both the introduction fee and the salary difference are obtained.

  Guo Yang, a lawyer of Beijing Kangda (Xi ‘an) Law Firm, believes that after collecting the referral fee, the professional intermediary deducts the service fee of the summer job privately, which infringes on the legitimate rights and interests of the summer job. "The existence of black intermediaries will interfere with the normal market order and bring inconvenience and uncertainty to students or job seekers applying for jobs or internships. The information published by the recruitment platform should be open and transparent, and the principle of equality and voluntariness should also be followed when communicating with job seekers specifically. "

  In addition, many summer workers spoke to reporters, and the enterprises they met refused to pay or deduct wages for summer workers on the grounds that they had not worked for many days. Is this legal?

  Li Haiming believes that we should look at the agreement, especially the enterprise should make an agreement before the trial work. Part-time employment should be governed by the rules of part-time employment, and the law clearly stipulates that the settlement period should not exceed 15 days. You should also look at the specific work content. If it is a simple piece-by-piece work by the day, you should pay your salary by the day; If you just try it, you can respect the agreement between the two parties, but you should also abide by the minimum hourly wage.

  Guo Yang told reporters that there is no mandatory provision in the law on the payment period of labor fees. Generally, the labor service provider and the employer agree on their own in the labor contract, and they can be settled regularly in hours, days, weeks, months and other time periods. Because the time for summer workers to provide labor services is often short, we should try our best to agree on a shorter settlement period with the employer, which can effectively prevent the behavior of defaulting on labor fees.

  Multi-pronged approach to strengthen supervision

  Enhance students’ awareness of rights protection

  Why does summer employment chaos exist for a long time?

  Experts interviewed believe that an important reason is that it is difficult for students to defend their rights, and black intermediaries cannot be effectively supervised and punished.

  Guo Yang said that the difficulty in safeguarding rights lies in the fact that without a labor contract, it is difficult to prove that there is a labor contract relationship between summer workers and employers. Generally speaking, job advertisements will not be regarded as the commitment of enterprises, nor can they be regarded as the existence of labour relation. The rights and obligations of both parties shall be subject to the labor contract, so summer workers should sign the labor contract as much as possible, and should pay attention to checking whether the recruitment advertisement is consistent with the contract content.

  In Liu Wei’s view, the cost of protecting the rights of summer workers is often relatively high. For example, the labor inspection department may refuse to deal with it based on the fact that the relationship between summer workers and employers is not labor relations. If they go to court to sue, they will face economic pressures such as too long litigation period and certain legal fees and attorney fees. In addition, the salary of summer workers is relatively low, and many people may finally have to choose to give up their rights protection.

  Liu Wei said that the long-term existence of summer employment chaos stems from many reasons, and it is necessary to take a multi-pronged approach to governance. First of all, the employer, that is, the enterprise, should adhere to the principle of good faith in strict accordance with the provisions of the Civil Code, strengthen the management of employment compliance, and pay labor remuneration according to the salary standard agreed with job seekers, and must not reduce or deduct it in disguise without authorization. The competent departments such as the Human Resources and Social Security Bureau should give full play to their supervisory functions, severely punish those who maliciously deduct the salary of summer workers, and impose fines and rectification according to law in addition to ordering them to reissue. As a recruitment platform that provides recruitment information, it should also do its utmost to carefully examine the recruitment information. If it is found that there are false propaganda and fraud in the recruitment unit, it should stop providing recruitment services to it in time, and even set up a "blacklist" system to exclude the recruitment unit that lacks the principle of good faith from the cooperative customers.

  In Shen Jianfeng’s view, enterprises should strictly implement the Regulations on the Administration of Human Resources Service Institutions, which was implemented on August 1 this year. At the same time, relevant departments should change the practice of judging that summer workers cannot establish labor relations and are not protected by labor laws at all.

  Li Haiming suggested that schools and markets should attach importance to college students’ education, incorporate their summer work practice into the key work of college students’ education, and provide standardized and suitable summer job opportunities for college students.

  Guo Yang believes that summer workers should raise their awareness of rights protection, and they can ask to sign a labor agreement with the employer to avoid labor disputes and avoid difficulties in subsequent rights protection because there is no relevant evidence. If the employer is unwilling to sign any agreement, it can save relevant evidence through attendance records, online chat records or audio and video recordings. When the legitimate rights and interests are damaged, they can bring a civil lawsuit to the people’s court to protect their rights. At the same time, we should pay attention to identifying employment information and applying for jobs from formal channels.

  (The parties in the text are all pseudonyms)  

  □ Our reporter Zhang Shoukun

  □ Intern Chen Lier of this newspaper

Zhang Hanyu and Lan Yingying led "Under the Streamer", and four major points of view detonated expectations.

According to the exact news, the urban workplace drama Under the Streams, starring Zhang Hanyu and Lan Yingying, has fallen on Jiangsu Satellite TV, and will take over the now-popular "Unparalleled Beauty" and start its exclusive broadcast on September 20th. The drama, which spans the Mid-Autumn Festival and National Day, is bound to become the most eye-catching screen landscape this autumn, especially the sentence in the play, "Time defines coal as diamonds, and the sea defines shells as pearls", which makes us feel the beauty of this work.

At first glance, the lineup of Under the Streamer, especially starring Zhang Hanyu and Lan Yingying, is really a fresh and interesting combination. In terms of industry status, Zhang Hanyu is an experienced male uncle. The total box office of his movies has reached 21.8 billion, and he is a proper strength. This time, "Under the Streamer" is his return to the TV screen for many years, which is particularly worth looking forward to. Lan Yingying is recognized by the industry as a female artist with great strength and aura among the younger generation of actors. Since her debut, every role has been impressive. This time, after "Elite Lawyer", she once again took the lead as a female host, and what kind of transformation will it have? It is also worthy of attention.

The more exciting point of Under the Streamer is, what kind of sparks will Zhang Hanyu and Lan Yingying collide this time? Different from many works of the same type, most of them are career+love-oriented CP. This time, Zhang Hanyu and Lan Yingying are typical "princesses" and "domestic servants", which makes the interaction between them show more family guardianship and ingenious inheritance, which is refreshing.

Second, the depth of the jewelry industry revealed

As a career drama, Under the Streamer focuses on the glamorous jewelry industry. All along, we have only experienced the brilliance of jewelry and diamonds at the jewelry counter as consumers and spectators, but if we really go into this industry and find out the truth behind it, Under the Streams is an excellent window. After all, the setting of jewelry, the marketing of related products, even the procurement of raw materials, even the "right to see the goods" of diamonds, and various processing technologies of diamonds, including the "core technology of glazed diamonds", are undoubtedly very fresh knowledge in the industry, which makes people full of curiosity.

Therefore, a film "Under the Streamer" not only leads the audience into the jewelry industry deeply, but also can be accompanied by the advanced plot, which makes everyone get a lot of gains in artistic aesthetics and jewelry appreciation. From this perspective, "Under the Streams" is worthy of being an industry encyclopedia in the diamond and jewelry industry. At the same time, as an urban fashion drama, the characters in the drama are also very worthy of praise in terms of wearing. I believe it can also give many fashion references to friends who are chasing the drama, which can be described as excellent manners.

Third, the vagaries of commercial warfare

If there is an industry, there will inevitably be a commercial war. Under the Streamer also presents a panoramic view of the battle of the jewelry industry for the audience. This is a "power grab" war that has lasted for more than ten years and involved two generations of grievances. From a general point of view, the commercial war of Under the Streams can be divided into two parts: civil war and foreign war. The civil war refers to the infighting between Li Zhuoran, a capital tycoon, and Lin Yi, an old minister of Dongchen. Dongchen, the head company of jewelry industry, which is in the limelight from the outside world, is constantly performing all kinds of fighting and grabbing dramas, and people are really dumbfounded.

At the same time, in the industry competition, Dongchen is also hard to be immune. Whether it is a brilliant company as a competitor or a capital from all sides, the attitude changes at any time, and the relationship between friends and enemies is not debated. The truth is confusing, and to a certain extent, the plot of Under the Streams becomes more thrilling.

Fourth, the ups and downs of the workplace infighting

As an urban workplace drama, Under the Streams is also quite realistic and accurate in describing the relationship between business and war. At first glance, the whole Dongchen Group is also fulfilling the saying that "gathering is a fire, but scattered all over the sky". Although there was a past in which Qi Xin worked together to overcome the difficulties, under the design of Li Zhuoran with ulterior motives, employees began to take sides in various ways, and the cooperative relationship between their colleagues became incompatible, so they paid more attention to their own advantages and disadvantages.

The complexity of workplace relations, from Bai Xining, played by Lan Yingying, changed her name and surname to Dongchen Group, is the most obvious. It seems that the good partners in the workplace who met at the beginning of their employment performed the trick of changing their faces one by one, or became "spies" who monitored themselves, or "ghosts" who stole their own plans … In the later double-designer war within the group, the cruelty in the workplace was vividly reflected. However, "Under the Streamer" does not blindly present the struggle, but through Bai Xining’s efforts, we can see more positive energy in the workplace, which is also the greatest practical significance and social value of the drama as a theme of urban workplace.

Generally speaking, under the Streamer, starring Zhang Hanyu and Lan Yingying, and co-starring Li Zixiong, Xu Xiaosa, Zhao Bingrui, Li Liqun and Ji Wang, is well-made and rich in connotation, not just the above four points. After all, everyone may get different gains when they pursue the drama. Therefore, from September 20, Jiangsu Satellite TV’s exclusive premiere of "Under the Streamer" can be expected from now on.

Which country is Suzuki’s Changan Suzuki brand?

  Which country’s automobile brand is it? There are quite a few cars with this logo in China. There are as many as five: Suzuki, a joint venture, withdrew from the China automobile market and concentrated on the Indian market.

  Haojue Suzuki motorcycles

  Haojue Suzuki motorcycles is a motorcycle brand established in 1993 by a joint venture between Japan Suzuki Corporation and Dachangjiang, and the two parties have conducted technical cooperation to produce Haojue Suzuki motorcycles. In September 2002, in Jiangmen City, Guangdong Province, which is in the "Pearl River Delta", Suzuki Co., Ltd. and Dachangjiang Group jointly established "Suzuki Motorcycle Research and Development Co., Ltd.".

  Jinan Suzuki

  In July 1994, Suzuki Co., Ltd. and Qingqi Group jointly established "Jinan Qingqi Suzuki Motorcycle Co., Ltd." and put into production in July 1996. In 2003, Jinan Qingqi Suzuki was awarded the honorary titles of "Model Overseas Factory" and "Overseas Export Production Base" by Suzuki Company of Japan for its quality control and other aspects. In 2007, China Qingqi Group was declared bankrupt by Jinan SASAC, and China Southern Industrial Group took over Jinan Qingqi Suzuki and other high-quality assets formerly under China Qingqi Group. In 2009, Jinan Qingqi Suzuki achieved over 700,000 sets of production and sales of its own brand "Suzuki" products, which has become one of the leading manufacturers of high-end and high-quality motorcycles in China, and is regarded as one of the enterprises with the most growth potential in China motorcycle industry.

  Jincheng Suzuki

  Since 1996, Nanjing Jincheng Motorcycle Group has cooperated with Suzuki Company to produce SJ125-B(G25), SJ110-F and other models, becoming one of the three partners of Suzuki Motorcycle in China.

  Chang ‘an Suzuki

  Chongqing Changan Suzuki Automobile Co., Ltd., founded in May 1993, is held by Chongqing Changan Automobile Co., Ltd. (accounting for 51%), Japan Suzuki Co., Ltd. (accounting for 25%), Japan Shuangri Co., Ltd. (accounting for 14%) and Suzuki (China) Investment Co., Ltd. (accounting for 10%), with a registered capital of US$ 190 million and a total investment of US$ 555 million. As a large-scale comprehensive automobile manufacturing enterprise in China, Changan Suzuki Company covers an area of about 420,000 square meters, has more than 4,000 employees, has about 20 models in Tianyu, (|||), (|||) and (|||) and three engine models in G, K and M series, and has an annual production capacity of 250,000 vehicles and 250,000 engines.

  Since Changan Suzuki Company was completed and put into operation in 1995 and put her products on the market, its production and sales volume have increased year by year. New products and styles are constantly introduced. In 2009, the millionth car of Changan Suzuki rolled off the assembly line. In 2010, the company’s annual production and sales of cars exceeded 200,000; In 2011, the company produced and sold 220,000 cars annually.

  On August 23, 2018, Japanese automaker Suzuki announced that it would terminate its joint venture with Changan Automobile, withdraw from the China automobile market and concentrate on the Indian market. Suzuki will sell all the 50% shares held by "Chongqing Changan Suzuki Automobile" to Changan Automobile. After the joint venture is terminated, Suzuki will sign a contract with Changan Automobile, allowing Changan Automobile to continue to produce vehicles with Suzuki logo.

  Suzuki

  Jiangxi Changhe Suzuki Automobile Co., Ltd. is a Sino-Japanese joint venture. It was established in June 1995 by Jiangxi Changhe Aviation Industry Co., Ltd., Jiangxi Co., Ltd., Japan Suzuki Co., Ltd. and Japan Okaya Steel Machinery Co., Ltd.. The business scope of the company is: developing and producing series cars, series mini cars, automobile engines and their parts, selling them to domestic and foreign markets and providing necessary after-sales services.

The new version of the construction contract demonstration text was published.

The new version of the construction contract demonstration text was published.
It consists of three parts: contract agreement, general contract terms and special contract terms.

In order to standardize the construction market order and safeguard the legitimate rights and interests of the parties to the construction contract, the Ministry of Housing and Urban-Rural Development and the State Administration for Industry and Commerce revised the Construction Contract (Model Text) and formulated a new version of the Construction Contract (Model Text) (hereinafter referred to as the "new text"). The old version was abolished at the same time.

According to reports, the new text is a non-mandatory text, which is suitable for the construction contracting activities of building construction projects, civil engineering, pipeline and equipment installation projects, decoration projects and other construction projects. The parties to a contract may conclude a contract according to the new text in combination with the specific conditions of the construction project, and bear corresponding legal responsibilities and contractual rights and obligations in accordance with the provisions of laws and regulations and the contract.

The new text consists of three parts: contract agreement, general contract terms and special contract terms.

Among them, there are 13 contract agreements, mainly including the general situation of the project, contract duration, quality standards, contract price and contract price form, project manager, contract document composition, commitments and contract entry into force conditions, etc., which collectively stipulate the basic contractual rights and obligations of the parties to the contract.

There are 20 general contract clauses, which are principled agreements made by the parties to the contract on the implementation of engineering construction and related matters in accordance with the provisions of People’s Republic of China (PRC) Construction Law, People’s Republic of China (PRC) Contract Law and other laws and regulations. The arrangement of terms not only considers the relevant requirements of existing laws and regulations on engineering construction, but also considers the special needs of construction management of construction projects.

Special terms and conditions of contract are terms that refine, improve, supplement, modify or otherwise agree on the general terms and conditions of contract. The parties to the contract may, according to the characteristics and specific conditions of different construction projects, modify and supplement the corresponding special contract terms through negotiation and consultation between the two parties.(Zongbian)

Advocating the threat of the DPRK and competing with Korea for the island! Japan’s new white paper hides Abe’s important plan

  CCTV News:The Japanese cabinet meeting adopted the 2018 edition of the White Paper on Defense on the 28th. The white paper continues to render the so-called "increasingly severe security environment around Japan", saying that it is necessary to enhance security capabilities in all aspects.

 

  This "White Paper on Defense" still trumpets that the nuclear and missile threats from North Korea can’t be ignored, which is considered as an unprecedented major and urgent threat. The white paper also pointed out that Japan’s understanding of the threat from North Korea has not changed after the meeting between the DPRK and the US leaders in June, and it is necessary to introduce "land-based Aegis anti-missile equipment".

  The analysis believes that the Japanese government’s further rendering of surrounding threats in the 2018 edition of the white paper is intended to pave the way for rewriting the Outline of the Defense Plan. Japanese media said that according to the plan, Abe’s government will rewrite the Outline of the Defense Plan by the end of this year to strengthen Japan’s defense capabilities in southwest defense, anti-missile system, information, space and other fields.

  Korean Central News Agency of North Korea also commented on the Japanese defense minister’s public statement that "the evaluation of North Korea has not changed" and it is indispensable to strengthen the role of "self-defense forces". The commentary said that Japan is "desperately blocking the peaceful airflow surging on the Korean Peninsula" and is an "anti-peace act" in an attempt to worsen the regional situation.

  Counting the 2018 edition, Japan’s "White Paper on Defense" has advocated for 14 consecutive years that Japan and South Korea’s disputed islands called "Bamboo Island" and "Dokdo" are Japan’s inherent territory — — This aroused the dissatisfaction of South Korea.

  A spokesman for the Ministry of Foreign Affairs of the Republic of Korea said in a statement on the 28th that the ROK "strongly protests against Japan’s White Paper on Defense ‘ Dokdo ’ Repeatedly put forward absurd territorial claims, arguing that this will not help to build a "future-oriented" relationship between South Korea and Japan; The ROK will resolutely respond to any provocation of the Japanese government on Dokdo.

  On the same day, the South Korean Foreign Ministry summoned the General Affairs Minister of the Japanese Embassy in Korea to lodge a solemn protest. South Korea’s Ministry of National Defense summoned the military attache of the Japanese Embassy to protest and demand that Japan correct it.

  Dokdo is located in the eastern waters of the Korean peninsula, covering an area of about 0.18 square kilometers. North Korea, South Korea and Japan all claimed sovereignty over the island. At present, South Korea actually controls the island.

Tourism Law of the People’s Republic of China

order of the president of the people’s republic of china

No.3

  The Tourism Law of the People’s Republic of China was adopted by the second session of the 12th the NPC Standing Committee in People’s Republic of China (PRC) on April 25th, 2013, and is hereby promulgated and shall come into force as of October 1st, 2013.

Chairman People’s Republic of China (PRC), Supreme Leader

April 25, 2013

order of the president of the people’s republic of china

No.57

  The NPC Standing Committee’s Decision on Amending the Foreign Trade Law of People’s Republic of China (PRC) and Other Twelve Laws was adopted at the 24th meeting of the 12th the NPC Standing Committee in People’s Republic of China (PRC) on November 7, 2016. It is hereby promulgated and shall come into force as of the date of promulgation.

Chairman People’s Republic of China (PRC), Supreme Leader

November 7, 2016

  Twelve, the "Tourism Law of the People’s Republic of China" is amended.

  (1) Article 39 is amended as: "To engage in tour guide business, one should obtain a tour guide certificate, have corresponding academic qualifications, language ability and tourism experience, and conclude a labor contract with the travel agency that has appointed him to engage in tour guide business and obtained the business license for outbound tourism business."

  (two) delete the "tour guide card" in the first paragraph of article forty-first.

  (3) Item 2 of Article 96 is amended as: "(2) arranging for persons who have not obtained a tour guide certificate to provide tour guide services or arranging for persons who do not have the conditions to provide tour guide services".

  (four) delete the "tour guide card" in Articles 98, 99, 100, 101 and 103.

  (five) the "tour guide card" in the first paragraph of Article 102 is amended as "without the conditions for the tour leader". Delete the "tour guide card" in the second and third paragraphs.

Tourism Law of the People’s Republic of China

  (Promulgated by Decree No.3 of the President of the People’s Republic of China on April 25, 2013 at the second session of the 12th the NPC Standing Committee, revised according to Decree No.57 of the President of the People’s Republic of China on November 7, 2016 at the 24th session of the 12th the NPC Standing Committee, and implemented as of the date of promulgation).

  Chapter I General Principles

  Article 1 This Law is formulated to protect the legitimate rights and interests of tourists and tour operators, standardize the order of the tourism market, protect and rationally utilize tourism resources, and promote the sustained and healthy development of tourism.

  Article 2 This Law shall apply to tourism activities in the form of sightseeing, vacation and leisure organized abroad in People’s Republic of China (PRC) and in People’s Republic of China (PRC), as well as business activities providing related services for tourism activities.

  Article 3 The State develops tourism, improves public tourism services, and protects the rights of tourists in tourism activities according to law.

  Article 4 The development of tourism should follow the principle of integrating social benefits, economic benefits and ecological benefits. The state encourages all kinds of market players to make rational use of tourism resources according to law on the premise of effectively protecting tourism resources. The tourist sites built with public resources should reflect the nature of public welfare.

  Article 5 The state advocates a healthy, civilized and environmentally friendly tourism mode, supports and encourages various social institutions to carry out tourism public welfare propaganda, and rewards units and individuals that have made outstanding contributions to promoting the development of tourism.

  Article 6 The State shall establish and improve standards of tourism services and market rules, and prohibit industry monopoly and regional monopoly. Tourism operators should operate in good faith, compete fairly, assume social responsibilities, and provide tourists with safe, healthy, hygienic and convenient tourism services.

  Seventh the State Council to establish and improve the comprehensive coordination mechanism of tourism, comprehensive coordination of tourism development.

  The local people’s governments at or above the county level shall strengthen the organization and leadership of tourism work, clarify the relevant departments or institutions, and make overall coordination on the development, supervision and management of tourism in their respective administrative areas.

  Eighth tourism industry organizations established according to law, the implementation of self-discipline management.

  Chapter II Tourists

  Ninth tourists have the right to choose their own tourism products and services, and have the right to refuse the compulsory trading behavior of tourism operators.

  Tourists have the right to know the real situation of the tourism products and services they buy.

  Tourists have the right to ask tour operators to provide products and services as agreed.

  Tenth tourists’ personal dignity, national customs and religious beliefs should be respected.

  Eleventh disabled people, the elderly, minors and other tourists enjoy convenience and preferential treatment in tourism activities in accordance with laws, regulations and relevant provisions.

  Twelfth tourists have the right to ask for help and protection when their personal and property safety is in danger.

  Tourists who have suffered personal or property damage have the right to compensation according to law.

  Thirteenth tourists in tourism activities should abide by social public order and social morality, respect local customs, cultural traditions and religious beliefs, cherish tourism resources, protect the ecological environment, and abide by the code of conduct for tourism civilization.

  Fourteenth tourists in tourism activities or in the settlement of disputes, shall not harm the legitimate rights and interests of local residents, shall not interfere with other people’s tourism activities, shall not harm the legitimate rights and interests of tour operators and tourism professionals.

  Fifteenth tourists, when purchasing and accepting tourism services, should truthfully inform the tourism operators of personal health information related to tourism activities, and abide by the safety warning provisions in tourism activities.

  Tourists should cooperate with the measures taken by the state to temporarily restrict tourism activities in response to major emergencies and the safety precautions and emergency measures taken by relevant departments, institutions or tour operators.

  Tourists who violate the safety warning regulations or fail to cooperate with the measures taken by the state to temporarily restrict tourism activities in response to major emergencies, safety precautions and emergency response measures shall bear corresponding responsibilities according to law.

  Sixteenth outbound tourists are not allowed to stay illegally abroad, and tourists who leave the country with a group are not allowed to join or leave the group without authorization.

  Inbound tourists are not allowed to stay illegally in China, and tourists who enter with the group are not allowed to leave the group without authorization.

  Chapter III Tourism Planning and Promotion

  Seventeenth the State Council and the local people’s governments at or above the county level shall incorporate the development of tourism into the national economic and social development plan.

  The State Council and the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government, as well as the people’s governments of cities and counties with rich tourism resources, shall organize the formulation of tourism development plans in accordance with the requirements of national economic and social development plans. When making use of tourism resources that cross administrative regions and are suitable for overall utilization, the people’s government at a higher level shall organize the preparation or the relevant local people’s governments shall negotiate to prepare a unified tourism development plan.

  Article 18 The tourism development plan shall include the overall requirements and development objectives of tourism development, the requirements and measures for the protection and utilization of tourism resources, and the requirements and promotion measures for the development of tourism products, the improvement of tourism service quality, the construction of tourism culture, the promotion of tourism image, and the construction of tourism infrastructure and public service facilities.

  According to the tourism development plan, local people’s governments at or above the county level can make special plans for the development and utilization of key tourism resources, and put forward special requirements for tourism projects, facilities and service functions in specific areas.

  Nineteenth tourism development planning should be linked with the overall land use planning, urban and rural planning, environmental protection planning and other natural resources and cultural relics and other human resources protection and utilization planning.

  Twentieth people’s governments at all levels shall fully consider the spatial layout of relevant tourism projects and facilities and the requirements for construction land when compiling the overall land use planning and urban and rural planning. Planning and construction of transportation, communication, water supply, power supply, environmental protection and other infrastructure and public service facilities should take into account the needs of tourism development.

  Article 21 The tourism utilization of natural resources, cultural relics and other cultural resources must strictly abide by the provisions of relevant laws and regulations, meet the requirements of resources, ecological protection and cultural relics safety, respect and maintain local traditional culture and customs, safeguard the regional integrity, cultural representation and regional particularity of resources, and consider the needs of military facilities protection. The relevant competent departments should strengthen the supervision and inspection of resource protection and tourism utilization.

  Twenty-second people’s governments at all levels shall organize the evaluation of the implementation of the tourism development plan compiled by the government at the corresponding level and announce it to the public.

  Article 23 the State Council and local people’s governments at or above the county level shall formulate and organize the implementation of industrial policies conducive to the sustained and healthy development of tourism, promote the construction of tourism and leisure system, take measures to promote regional tourism cooperation, encourage the development of cross-regional tourism routes and products, promote the integration of tourism with industry, agriculture, commerce, culture, health, sports, science and education, and support the development of tourism in ethnic minority areas, old revolutionary areas, remote areas and poverty-stricken areas.

  Twenty-fourth the State Council and the local people’s governments at or above the county level shall, according to the actual situation, arrange funds to strengthen the construction of tourism infrastructure, tourism public services and tourism image promotion.

  Article 25 The State shall formulate and implement the strategy of promoting tourism image. The tourism authorities in the State Council shall co-ordinate the overseas promotion of the national tourism image, establish tourism image promotion institutions and networks, and carry out international cooperation and exchanges in tourism.

  The local people’s governments at or above the county level shall co-ordinate and organize the promotion of local tourism image.

  Twenty-sixth the State Council tourism authorities and local people’s governments at or above the county level shall, according to the needs, establish a tourism public information and consulting platform, and provide tourists with necessary information and consulting services such as tourist attractions, routes, transportation, meteorology, accommodation, safety, medical emergency and so on free of charge. The relevant departments of the people’s governments of cities and counties with districts shall set up tourist consultation centers in transportation hubs, commercial centers and places where tourists are concentrated according to needs, and set up tourist indication signs in scenic spots and roads leading to major scenic spots.

  The people’s governments of cities and counties with districts rich in tourism resources may, according to local actual conditions, establish tourist passenger dedicated lines or tourist transit stations to provide services for tourists traveling in and around the city.

  Article 27 The State encourages and supports the development of tourism vocational education and training to improve the quality of tourism professionals.

  Chapter IV Tourism Management

  Article 28 To set up a travel agency, attract, organize and receive tourists and provide them with tourism services, it shall meet the following conditions, obtain the permission of the tourism authorities and go through industrial and commercial registration according to law:

  (1) Having a fixed business place;

  (2) Having necessary business facilities;

  (3) It has registered capital that meets the requirements;

  (4) Having necessary management personnel and tour guides;

  (5) Other conditions stipulated by laws and administrative regulations.

  Twenty-ninth travel agencies can operate the following businesses:

  (1) Domestic tourism;

  (2) outbound tourism;

  (3) Border tourism;

  (4) inbound tourism;

  (5) Other tourism businesses.

  Travel agencies engaged in the second and third items of the preceding paragraph shall obtain corresponding business licenses, and the specific conditions shall be stipulated by the State Council.

  Thirtieth travel agencies shall not lease or lend the business license of travel agencies, or illegally transfer the business license of travel agencies in other forms.

  Thirty-first travel agencies shall pay a deposit for the quality of tourism services in accordance with the regulations, which shall be used for compensation for the damage of tourists’ rights and interests and advance the expenses of emergency assistance when the personal safety of tourists is in danger.

  Thirty-second travel agencies to attract and organize tourists to release information must be true and accurate, and shall not make false propaganda to mislead tourists.

  Thirty-third travel agencies and their employees shall organize and receive tourists, and shall not arrange visits or participate in projects or activities that violate Chinese laws, regulations and social ethics.

  Article 34 Travel agencies shall order products and services from qualified suppliers when organizing tourism activities.

  Thirty-fifth travel agencies shall not organize tourism activities at unreasonably low prices to deceive tourists, and obtain illegitimate interests such as kickbacks by arranging shopping or paying for other tourism projects.

  When organizing and receiving tourists, travel agencies shall not designate specific shopping places, and shall not arrange other paid tourism projects. However, unless it is agreed by both parties through consultation or requested by tourists and does not affect the itinerary of other tourists.

  In case of violation of the provisions of the preceding two paragraphs, the tourist has the right to request the travel agency to handle the return of the goods and advance the payment for the return of the goods, or refund the expenses of the paid travel items within 30 days after the end of the travel itinerary.

  Thirty-sixth travel agencies organize outbound tours or organize and receive inbound tours, and should arrange tour leaders or tour guides to accompany them throughout the journey in accordance with regulations.

  Thirty-seventh people who have passed the tour guide qualification examination, signed a labor contract with a travel agency or registered in the relevant tourism industry organizations may apply for a tour guide certificate.

  Article 38 A travel agency shall conclude a labor contract with its hired tour guides according to law, pay labor remuneration and pay social insurance fees.

  Where a travel agency temporarily hires a tour guide to provide services for tourists, it shall pay the tour guide the tour guide service fee stipulated in the third paragraph of Article 60 of this Law in full.

  Where a travel agency arranges a tour guide to provide services for a group tour, it shall not require the tour guide to pay in advance or charge any fees to the tour guide.

  Article 39 Anyone who engages in tour guide business shall obtain a tour guide certificate, have corresponding academic qualifications, language ability and tourism experience, and conclude a labor contract with the travel agency that has appointed him to engage in tour guide business and obtained the business license for outbound tourism business.

  Fortieth tour guides and tour leaders must accept the appointment of travel agencies to provide services for tourists, and may not contract tour guides and tour leaders without permission.

  Article 41 Tour guides and tour leaders engaged in business activities shall wear tour guide cards, abide by professional ethics, respect tourists’ customs and religious beliefs, inform and explain the norms of civilized tourism behavior to tourists, guide tourists to travel healthily and civilized, and discourage tourists from violating social ethics.

  Tour guides and tour leaders shall strictly implement the travel itinerary, and shall not change the travel itinerary or suspend service activities without authorization, and shall not ask for tips from tourists, and shall not induce, deceive, force or force tourists to shop or participate in paid travel projects in disguise.

  Forty-second scenic spots should meet the following conditions, and listen to the opinions of the tourism authorities:

  (1) Necessary tourism supporting services and auxiliary facilities;

  (2) Having necessary safety facilities and systems, and meeting the safety conditions after safety risk assessment;

  (3) Necessary environmental protection facilities and ecological protection measures;

  (4) Other conditions stipulated by laws and administrative regulations.

  Forty-third use of public resources to build scenic spots tickets and scenic spots, transportation and other items to be charged separately, the implementation of government pricing or government guidance, and strictly control the price increase. If fees are to be charged or prices are to be raised, a hearing shall be held to solicit the opinions of tourists, business operators and relevant parties and demonstrate its necessity and feasibility.

  Scenic spots built with public resources shall not increase their prices in disguised form by increasing the fees charged separately; If the investment cost of the project charged separately has been recovered, the price shall be reduced or the fee shall be cancelled accordingly.

  Public welfare city parks, museums, memorial halls, etc., except for key cultural relics protection units and precious cultural relics collection units, should be gradually opened free of charge.

  Forty-fourth scenic spots should publicize the ticket price, the price of separate fees and the price of group fees in a conspicuous position. The increase in ticket prices in scenic spots should be announced six months in advance.

  If tickets for different scenic spots or different places in the same scenic spot are sold together, the combined price shall not be higher than the sum of the prices of individual tickets, and tourists have the right to choose to buy individual tickets.

  If the core tour projects in the scenic area are suspended from opening to tourists or stop providing services for some reason, they shall be publicized and the fees shall be reduced accordingly.

  Forty-fifth scenic spots to receive tourists shall not exceed the maximum carrying capacity approved by the competent department of scenic spots. The scenic spot shall announce the maximum carrying capacity approved by the competent department of the scenic spot, formulate and implement the tourist flow control scheme, and control the number of tourists received by the scenic spot by means of ticket reservation.

  When the number of tourists may reach the maximum carrying capacity, the scenic spot shall make an announcement in advance and report to the local people’s government at the same time, and the scenic spot and the local people’s government shall take timely measures such as diversion and diversion.

  Forty-sixth urban and rural residents use their own houses or other conditions to engage in tourism business according to law, and their management measures shall be formulated by provinces, autonomous regions and municipalities directly under the central government.

  Forty-seventh high-risk tourism projects such as high altitude, high speed, water, diving, exploration, etc., shall obtain business licenses in accordance with relevant state regulations.

  Forty-eighth travel agency business through the network, it shall obtain the travel agency business license in accordance with the law, and indicate its business license information in a prominent position on the homepage of its website.

  Websites that publish tourism business information shall ensure that their information is true and accurate.

  Forty-ninth operators who provide services such as transportation, accommodation, catering and entertainment for tourists shall meet the requirements stipulated by laws and regulations and perform their obligations in accordance with the contract.

  Fiftieth tour operators should ensure that the goods and services they provide meet the requirements of protecting personal and property safety.

  Tourism operators have obtained relevant quality standards, and their facilities and services shall not be lower than the corresponding standards; Without obtaining the quality standard grade, the title and logo of the relevant quality grade shall not be used.

  Fifty-first tour operators shall not give or accept bribes when selling or buying goods or services.

  Fifty-second tour operators should keep confidential the personal information of tourists they know in their business activities.

  Article 53 Operators engaged in road tourist passenger transport shall abide by the various systems of road passenger transport safety management, clearly indicate the special signs for road tourist passenger transport in a prominent position of vehicles, publicize the information of operators and drivers in a prominent position in the carriages, and supervise telephone calls by road transport management institutions.

  Fifty-fourth scenic spots, accommodation operators will be part of their business projects or venues to others to engage in accommodation, catering, shopping, sightseeing, entertainment, tourism and transportation, etc., should be jointly and severally liable for the damage caused to tourists by the actual operators’ business behavior.

  Article 55 When organizing and receiving inbound and outbound tours, tour operators find that tourists engage in illegal activities or violate the provisions of Article 16 of this Law, they shall promptly report to the public security organs, tourism authorities or Chinese institutions abroad.

  Article 56 The state shall, according to the risk degree of tourism activities, implement a liability insurance system for operators such as travel agencies, accommodation, tourism transportation and high-risk tourism projects as stipulated in Article 47 of this Law.

  Chapter V Tourism Service Contracts

  Article 57 A travel agency shall conclude a contract with tourists when organizing and arranging tourism activities.

  Article 58 A package tour contract shall be in written form and include the following contents:

  (1) Basic information of travel agencies and tourists;

  (2) Travel itinerary;

  (three) the minimum number of tour groups;

  (4) Arrangements and standards for tourism services such as transportation, accommodation and catering;

  (five) the specific content and time of sightseeing, entertainment and other projects;

  (six) free time schedule;

  (seven) travel expenses and the time limit and method of payment;

  (eight) the liability for breach of contract and the way to resolve disputes;

  (nine) other matters stipulated by laws and regulations and agreed by both parties.

  When concluding a package tour contract, the travel agency shall explain in detail the contents contained in items 2 to 8 of the preceding paragraph to the tourists.

  Fifty-ninth travel agencies should provide tourists with a tour of travel itinerary before the start of the tour. The travel itinerary is an integral part of the package tour contract.

  Article 60 Where a travel agency entrusts other travel agencies to sell package tour products and conclude a package tour contract with tourists, it shall specify the basic information of the entrusting agency and the agency in the package tour contract.

  Where a travel agency entrusts the reception business in a package tour contract to a local agency in accordance with the provisions of this Law, it shall specify the basic information of the local agency in the package tour contract.

  Where a tour guide is arranged to provide services for tourists, the tour guide service fee shall be specified in the package tour contract.

  Sixty-first travel agencies should remind tourists who take part in group tours to take out insurance in personal accident insurance according to regulations.

  Article 62 When concluding a package tour contract, the travel agency shall inform the tourists of the following matters:

  (a) the situation that tourists are not suitable to participate in tourism activities;

  (2) Safety precautions in tourism activities;

  (3) Information that the travel agency can reduce or exempt its responsibilities according to law;

  (four) tourists should pay attention to the relevant laws, regulations, customs and habits, religious taboos, and activities that are not suitable for participation according to the laws of China;

  (five) other matters that should be informed as prescribed by laws and regulations.

  In the performance of the package tour contract, the travel agency shall also inform the tourists of the matters specified in the preceding paragraph.

  Sixty-third travel agencies to attract tourists to travel in groups, because they cannot leave the group because they do not reach the agreed number, the group agency may terminate the contract. However, tourists should be notified at least seven days in advance for domestic tourism and at least 30 days in advance for outbound tourism.

  If it is impossible to leave the tour group because the agreed number of people is not reached, the tour group agency may entrust other travel agencies to perform the contract with the written consent of the tourists. The package tour agency is responsible for tourists, and the entrusted travel agency is responsible for the package tour agency. If the tourist disagrees, the contract may be terminated.

  If the contract is terminated due to the failure to reach the agreed number of tour groups, the tour group agency shall refund all the fees collected to the tourists.

  Article 64 Before the start of the tour, tourists can transfer their rights and obligations in the package tour contract to a third party, and the travel agency may not refuse it without justifiable reasons, so the increased expenses shall be borne by the tourists and the third party.

  Article 65 If the tourist terminates the contract before the end of the tour, the package tour agency shall return the balance to the tourist after deducting the necessary expenses.

  Article 66 A tourist may terminate the contract in any of the following circumstances:

  (a) suffering from infectious diseases and other diseases that may endanger the health and safety of other tourists;

  (2) Carrying articles endangering public safety and refusing to hand them over to the relevant departments for handling;

  (3) engaging in activities that are illegal or violate social morality;

  (four) engaged in activities that seriously affect the rights and interests of other tourists, and do not listen to dissuasion, can not stop;

  (5) Other circumstances stipulated by law.

  If the contract is terminated due to the circumstances specified in the preceding paragraph, the package tour agency shall, after deducting the necessary expenses, return the balance to the tourists; If losses are caused to travel agencies, tourists shall be liable for compensation according to law.

  Article 67 If the travel itinerary is affected due to force majeure or events that cannot be avoided after the travel agency or the assistant has exercised reasonable care, it shall be handled according to the following circumstances:

  (a) the contract can not be continued, travel agencies and tourists can terminate the contract. If the contract cannot be fully performed, the travel agency may change the contract within a reasonable range after explaining it to the tourists; If the tourists do not agree to the change, they may terminate the contract.

  (2) If the contract is terminated, the package tour agency shall return the balance to the tourists after deducting the non-refundable fees paid to the ground agency or the performance assistant; If the contract is changed, the increased expenses shall be borne by the tourists, and the reduced expenses shall be returned to the tourists.

  (3) Where the personal and property safety of tourists is endangered, the travel agency shall take corresponding safety measures, so the expenses incurred shall be shared by the travel agency and tourists.

  (4) If tourists are stranded, the travel agency shall take corresponding resettlement measures. Therefore, the increased accommodation expenses shall be borne by the tourists; The increased return cost shall be shared by the travel agency and tourists.

  Article 68 If the contract is terminated during the tour, the travel agency shall assist the tourist to return to the place of departure or a reasonable place designated by the tourist. If the contract is terminated due to the reasons of the travel agency or the performance assistant, the return expenses shall be borne by the travel agency.

  Article 69 A travel agency shall perform its obligations in accordance with the package tour contract, and shall not change the travel itinerary without authorization.

  With the consent of the tourists, if the travel agency entrusts the reception business in the package tour contract to other agencies with corresponding qualifications, it shall conclude a written entrustment contract with the agency, stipulate the rights and obligations of both parties, provide the agency with a copy of the package tour contract concluded with the tourists, and pay the agency no less than the cost of reception and service. The land agency shall provide services in accordance with the package tour contract and the entrustment contract.

  Article 70 If a travel agency fails to perform its obligations under the package tour contract or fails to meet the contract obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses according to law; Those who cause personal injury or property loss to tourists shall be liable for compensation according to law. If the travel agency has the conditions to perform and refuses to perform the contract after being requested by the tourists, resulting in serious consequences such as personal injury and detention of the tourists, the tourists may also ask the travel agency to pay compensation of more than one time and less than three times the travel expenses.

  If the package tour contract cannot be fulfilled or cannot be fulfilled according to the agreement due to the tourists’ own reasons, or if personal injury or property loss is caused to the tourists, the travel agency shall not be liable.

  During the period when tourists arrange their own activities, if the travel agency fails to fulfill the obligation of safety tips and assistance, it shall bear corresponding responsibilities for personal injury and property loss of tourists.

  Seventy-first due to the ground agency, the performance of the auxiliary cause of breach of contract, by the travel agency to bear the responsibility; After undertaking the responsibility, the package tour agency can claim compensation from the land agency and the performance assistant.

  If personal injury or property loss is caused to tourists due to the reasons of the land agency and the performance assistant, tourists may ask the land agency and the performance assistant to bear the liability for compensation, or they may ask the travel agency to bear the liability for compensation; After undertaking the responsibility, the package tour agency can claim compensation from the land agency and the performance assistant. However, if the tourists suffer personal injury or property loss due to the reasons of the public transport operators, the public transport operators shall be liable for compensation according to law, and the travel agency shall assist the tourists to claim compensation from the public transport operators.

  Seventy-second tourists in tourism activities or in the settlement of disputes, damage the legitimate rights and interests of travel agencies, performance assistants, tourism professionals or other tourists, shall be liable for compensation according to law.

  Article 73 If a travel agency arranges travel itinerary according to the specific requirements of tourists and concludes a package tour contract with tourists, the tourists request to change the travel itinerary, so the increased expenses shall be borne by the tourists, and the reduced expenses shall be returned to the tourists.

  Article 74 If a travel agency accepts the entrustment of tourists to book travel services such as transportation, accommodation, catering, sightseeing and entertainment for them and collects agency fees, it shall handle the entrusted affairs in person. If the travel agency’s fault causes losses to tourists, the travel agency shall be liable for compensation.

  When a travel agency accepts the entrustment of tourists and provides them with travel itinerary design, travel information consultation and other services, it shall ensure that the design is reasonable and feasible, and the information is timely and accurate.

  Seventy-fifth accommodation operators shall provide accommodation services for group tourists in accordance with the provisions of the tourism service contract. If the accommodation operator fails to provide services in accordance with the tourism service contract, it shall provide accommodation services not lower than the original standard for tourists, so the increased expenses shall be borne by the accommodation operator; However, if the service cannot be provided due to force majeure or measures taken by the government due to public interests, the accommodation operator shall assist in arranging accommodation for tourists.

  Chapter VI Tourism Safety

  Seventy-sixth people’s governments at or above the county level shall be responsible for tourism safety. The relevant departments of the people’s governments at or above the county level shall perform the duties of tourism safety supervision in accordance with laws and regulations.

  Article 77 The State establishes a safety risk warning system for tourist destinations. The classification and implementation procedures of safety risk warning of tourist destinations shall be formulated by the competent tourism department of the State Council in conjunction with relevant departments.

  The people’s governments at or above the county level and their relevant departments shall take tourism safety as an important part of emergency monitoring and evaluation.

  Seventy-eighth people’s governments at or above the county level shall incorporate tourism emergency management into the government emergency management system according to law, formulate emergency plans, and establish a response mechanism for tourism emergencies.

  After an emergency occurs, the local people’s government and its relevant departments and institutions shall take measures to carry out rescue, and assist tourists to return to their places of origin or reasonable places designated by tourists.

  Seventy-ninth tour operators should strictly implement the laws, regulations, national standards and industry standards on safety production management and fire safety management, have corresponding safety production conditions, and formulate tourist safety protection systems and emergency plans.

  Tourism operators should carry out regular emergency rescue skills training for employees who directly provide services to tourists, conduct safety inspection, monitoring and evaluation on the products and services provided, and take necessary measures to prevent the occurrence of hazards.

  Tourism operators should take corresponding security measures when organizing and receiving tourists such as the elderly, minors and the disabled.

  Article 80 A tour operator shall explain or warn tourists in advance in an express way about the following matters in tourism activities:

  (a) the correct use of related facilities and equipment;

  (2) Necessary safety precautions and emergency measures;

  (3) Business and service sites, facilities and equipment that are not open to tourists;

  (four) groups that are not suitable to participate in related activities;

  (five) other circumstances that may endanger the personal and property safety of tourists.

  Article 81 After an emergency or tourism safety accident occurs, tourism operators shall immediately take necessary rescue and disposal measures, fulfill their reporting obligations according to law, and make proper arrangements for tourists.

  Eighty-second tourists have the right to request the tour operators, local governments and relevant institutions to provide timely assistance when their personal and property safety is in danger.

  When China outbound tourists are in trouble abroad, they have the right to request our local institutions to provide assistance and protection within the scope of their duties.

  After receiving assistance from relevant organizations or institutions, tourists should pay the expenses that should be borne by individuals.

  Chapter VII Tourism Supervision and Administration

  Article 83 The tourism authorities and relevant departments of the people’s governments at or above the county level shall, in accordance with the provisions of this Law and relevant laws and regulations, supervise and manage the tourism market within their respective functions and duties.

  The people’s governments at or above the county level shall organize the competent tourism departments, relevant competent departments and law enforcement departments of industry and commerce administration, product quality supervision and transportation to supervise and inspect the relevant tourism business activities.

  Eighty-fourth tourism authorities shall perform their duties of supervision and management, and shall not charge fees to the objects of supervision and management in violation of the provisions of laws and administrative regulations.

  Tourism authorities and their staff shall not participate in any form of tourism business activities.

  Article 85 The tourism authorities of the people’s governments at or above the county level shall have the right to supervise and inspect the following matters:

  (a) whether the travel agency business and the tour guide and tour guide service have obtained the business and practice license;

  (two) the business behavior of the travel agency;

  (three) the service behavior of tourism professionals, such as tour guides and tour leaders;

  (four) other matters stipulated by laws and regulations.

  The competent tourism authorities shall carry out supervision and inspection in accordance with the provisions of the preceding paragraph, and may consult and copy contracts, bills, account books and other materials suspected of violating the law.

  Eighty-sixth tourism authorities and relevant departments to carry out supervision and inspection according to law, the supervision and inspection personnel shall not be less than two, and shall produce legal documents. If there are less than two supervisors and inspectors or fail to produce legal certificates, the inspected units and individuals have the right to refuse.

  The supervision and inspection personnel shall keep confidential the business secrets and personal information of the inspected units they know in the supervision and inspection according to law.

  Eighty-seventh of the supervision and inspection carried out according to law, the relevant units and individuals shall cooperate, truthfully explain the situation and provide documents and materials, and shall not refuse, hinder or conceal.

  Article 88 If the tourism authorities and relevant departments of the people’s governments at or above the county level find violations of the provisions of this Law while performing their duties of supervision and inspection or when handling reports and complaints, they shall deal with them promptly according to law; Matters that do not belong to the scope of responsibilities of this department shall be notified in writing in time and handed over to the relevant departments for investigation.

  Article 89 The local people’s governments at or above the county level shall establish a sharing mechanism of information on the investigation and punishment of illegal tourism activities, and shall supervise the illegal activities that need to be investigated and punished jointly by different departments and regions.

  Tourism authorities and relevant departments shall, in accordance with their respective responsibilities, timely announce the situation of supervision and inspection to the public.

  Article 90 Tourism industry organizations established according to law shall, in accordance with the provisions of laws, administrative regulations and articles of association, formulate industry business norms and service standards, conduct self-discipline management on the business behaviors and service quality of their members, organize professional ethics education and business training, and improve the quality of employees.

  Chapter VIII Settlement of Tourism Disputes

  Article 91 The people’s governments at or above the county level shall designate or establish a unified tourist complaint handling institution. When receiving a complaint, the accepting institution shall promptly handle it or hand it over to the relevant department for handling, and inform the complainant.

  Article 92 Disputes between tourists and tour operators can be resolved through the following channels:

  (1) Both parties negotiate;

  (two) to apply for mediation to consumers’ associations, tourism complaint acceptance agencies or relevant mediation organizations;

  (three) according to the arbitration agreement reached with the tour operators, submit it to an arbitration institution for arbitration;

  (4) Bring a lawsuit to the people’s court.

  Article 93 Consumers’ associations, tourist complaint handling institutions and relevant mediation organizations shall mediate disputes between tourists and tour operators according to law on the basis of mutual willingness.

  Article 94 If there is a dispute between tourists and tour operators, and there are a large number of tourists and they have common requests, they may elect representatives to participate in consultation, mediation, arbitration and litigation.

  Chapter IX Legal Liability

  Article 95 Whoever, in violation of the provisions of this Law, engages in travel agency business without permission shall be ordered by the competent tourism department or the administrative department for industry and commerce to make corrections, his illegal income shall be confiscated and he shall be fined not less than 10,000 yuan but not more than 100,000 yuan; Illegal income of more than one hundred thousand yuan, and impose a fine of more than one time and less than five times the illegal income; The relevant responsible personnel shall be fined between two thousand yuan and twenty thousand yuan.

  If a travel agency violates the provisions of this Law, operates the business in Item 2 and Item 3 of Paragraph 1 of Article 29 of this Law without permission, or rents or lends the business license of a travel agency, or illegally transfers the business license of a travel agency by other means, it shall be punished in accordance with the provisions of the preceding paragraph and ordered to suspend business for rectification; If the circumstances are serious, the business license of the travel agency shall be revoked; The person in charge who is directly responsible shall be fined from 2,000 yuan to 20,000 yuan.

  Article 96 If a travel agency violates the provisions of this Law and commits any of the following acts, it shall be ordered by the tourism authorities to make corrections, its illegal income shall be confiscated, and it shall be fined between 5,000 yuan and 50,000 yuan. If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke the business license of the travel agency; The directly responsible person in charge and other directly responsible personnel shall be fined from 2,000 yuan to 20,000 yuan:

  (1) Failing to arrange a tour leader or tour guide to accompany the outbound or inbound team tour in accordance with the regulations;

  (2) arranging personnel who have not obtained a tour guide certificate to provide tour guide services or arranging personnel who do not have the conditions to provide tour guide services;

  (three) did not pay the tour guide service fee to the temporary tour guide;

  (four) asking the tour guide to pay in advance or collect fees from the tour guide.

  Article 97 If a travel agency violates the provisions of this Law and commits any of the following acts, it shall be ordered by the tourism authorities or relevant departments to make corrections, its illegal income shall be confiscated, and it shall be fined between 5,000 yuan and 50,000 yuan. If the illegal income is more than 50,000 yuan, a fine of more than one time and less than five times the illegal income shall be imposed; If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke the business license of the travel agency; The directly responsible person in charge and other directly responsible personnel shall be fined from 2,000 yuan to 20,000 yuan:

  (a) false propaganda, misleading tourists;

  (2) ordering products and services from unqualified suppliers;

  (3) Failing to take out liability insurance for travel agencies as required.

  Article 98 If a travel agency violates the provisions of Article 35 of this Law, it shall be ordered by the tourism authorities to make corrections, confiscate its illegal income, order it to suspend business for rectification, and impose a fine of not less than 30,000 yuan but not more than 300,000 yuan; Illegal income of more than three hundred thousand yuan, and impose a fine of more than one time and less than five times the illegal income; If the circumstances are serious, the business license of the travel agency shall be revoked; The directly responsible person in charge and other directly responsible personnel shall have their illegal income confiscated, and be fined between 2,000 yuan and 20,000 yuan, and their tour guide cards shall be suspended or revoked.

  Article 99 If a travel agency fails to fulfill its reporting obligations as stipulated in Article 55 of this Law, it shall be fined between 5,000 yuan and 50,000 yuan by the tourism authorities. If the circumstances are serious, it shall be ordered to suspend business for rectification or revoke the business license of the travel agency; The directly responsible person in charge and other directly responsible personnel shall be fined from 2,000 yuan to 20,000 yuan, and the tour guide card shall be temporarily suspended or revoked.

  Article 100 If a travel agency violates the provisions of this Law and commits any of the following acts, the competent tourism department shall order it to make corrections, impose a fine of not less than 30,000 yuan but not more than 300,000 yuan, and order it to suspend business for rectification; If serious consequences such as tourists’ detention are caused, the business license of travel agency shall be revoked; The directly responsible person in charge and other directly responsible personnel shall be fined between 2,000 yuan and 20,000 yuan, and the tour guide card shall be suspended or revoked:

  (a) changing the travel itinerary without authorization during the travel itinerary, which seriously damages the rights and interests of tourists;

  (2) Refusing to perform the contract;

  (three) without the written consent of the tourists, entrust other travel agencies to perform the package tour contract.

  Article 101 Where a travel agency, in violation of the provisions of this Law, arranges tourists to visit or participate in projects or activities that violate China’s laws, regulations and social ethics, the tourism authorities shall order it to make corrections, confiscate its illegal income, order it to suspend business for rectification, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan; If the circumstances are serious, the business license of the travel agency shall be revoked; The directly responsible person in charge and other directly responsible personnel shall be fined from 2,000 yuan to 20,000 yuan, and the tour guide card shall be temporarily suspended or revoked.

  Article 102 Anyone who, in violation of the provisions of this Law, engages in tour guide or tour leader activities without obtaining a tour guide license or without the qualifications for tour leader, shall be ordered by the tourism authorities to make corrections, his illegal income shall be confiscated, and he shall be fined between 1,000 yuan and 10,000 yuan, and shall be announced.

  Tour guides and tour leaders who, in violation of the provisions of this Law, undertake business privately shall be ordered by the tourism authorities to make corrections, their illegal income shall be confiscated, and they shall be fined from 1,000 yuan to 10,000 yuan, and their tour guide cards shall be temporarily suspended or revoked.

  Tour guides and tour leaders who, in violation of the provisions of this Law, ask tourists for tips shall be ordered by the tourism authorities to return them and be fined from 1,000 yuan to 10,000 yuan; If the circumstances are serious, the tour guide card shall be temporarily suspended or revoked.

  Article 103 A tour guide or tour leader whose tour guide card has been revoked in violation of the provisions of this Law, and the relevant management personnel of a travel agency who have been punished for revoking the business license of a travel agency, shall not reapply for a tour guide card or engage in travel agency business if three years have not passed since the date of punishment.

  104th tour operators who give or accept bribes in violation of this law shall be punished by the administrative department for industry and commerce in accordance with the provisions of relevant laws and regulations; If the circumstances are serious, the travel agency business license shall be revoked by the tourism authorities.

  Article 105 If a scenic spot does not meet the opening conditions stipulated in this Law and receives tourists, the competent department of the scenic spot shall order it to suspend business for rectification until it meets the opening conditions and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan.

  If a scenic spot fails to announce or report to the local people’s government in accordance with the provisions of this Law when the number of tourists may reach the maximum carrying capacity, or fails to take timely measures such as diversion and diversion, or receives tourists over the maximum carrying capacity, the competent department of the scenic spot shall order it to make corrections, and if the circumstances are serious, it shall be ordered to suspend business for rectification for one to six months.

  Article 106 If a scenic spot, in violation of the provisions of this Law, increases the price of tickets or items charged separately without authorization, or commits other price violations, it shall be punished by the relevant competent department in accordance with the provisions of relevant laws and regulations.

  107th tour operators who violate the laws, regulations, national standards and industry standards related to safety production management and fire safety management shall be punished by the relevant competent departments in accordance with the provisions of relevant laws and regulations.

  Article 108 Tourism operators and their employees who violate the provisions of this Law shall be recorded in the credit files by the tourism authorities and relevant departments and announced to the public.

  Article 109 Staff members of tourism authorities and relevant departments who abuse their powers, neglect their duties or engage in malpractices for selfish ends in the performance of their duties of supervision and management, which do not constitute a crime, shall be punished according to law.

  Article 110 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.

  Chapter X Supplementary Provisions

  Article 111 The meanings of the following terms in this Law:

  (1) Tour operators refer to travel agencies, scenic spots and operators who provide services such as transportation, accommodation, catering, shopping and entertainment for tourists.

  (2) Scenic spots refer to places or areas that provide sightseeing services for tourists and have clear management boundaries.

  (3) A package tour contract refers to a contract in which the travel agency arranges the itinerary in advance, provides or provides two or more tour services such as transportation, accommodation, catering, sightseeing, tour guide or tour leader through the performance of assistants, and the tourists pay the travel expenses at the total price.

  (4) The term "package tour agency" refers to a travel agency that has concluded a package tour contract with tourists.

  (5) Land agency refers to a travel agency that accepts the entrustment of a package tour agency to receive tourists at the destination.

  (6) Fulfillment assistant refers to a legal person or natural person who has a contractual relationship with a travel agency, assists it in fulfilling its obligations under the package tour contract and actually provides relevant services.

  Article 112 This Law shall come into force as of October 1, 2013.

What preparations should I make before the physical examination? What do you think of the medical report? Listen to the medical staff.

  Did you have a physical examination this year? Regular physical examination is very important. Now is the day when many people concentrate on physical examination. What do you think after you get the medical report? What do the dense numbers on the physical examination report show? What does the arrow next to the indicator mean? What if the indicator is abnormal? Don’t worry, listen to what the medical staff say ↓

What preparations should I make before the physical examination? What do you think of the medical report? Listen to the medical staff.

  What do you think of the medical report?

  First of all, in the physical examination report, I suggest you read the "physical examination conclusion" and "health suggestion" first. If there is a high-risk value, the report will actively prompt and clearly inform whether it is necessary to "review" or "see a doctor". Therefore, it is necessary to read this part carefully before reading the detailed results.

  About the symbols in the physical examination report:

  Arrows up and down (↑↓): In the physical examination report, numerical indicators have a certain reference range. When an arrow appears, "↑" means that the test result is higher than the normal value, and "↓" means that the test result is lower than the normal value.

  H and L: "H" is short for English HIGH, indicating that the result is higher than normal; "L" is short for LOW, indicating that the result is below normal.

  Plus sign and minus sign (+-): "+"means positive, which is usually used to indicate abnormal test results; "-"means negative, which is mostly used to deny or exclude the possibility of certain lesions, but there are exceptions. Sign (): ""indicates a weak positive or uncertain positive result.

  Don’t be too nervous when you find a problem. The index data is not within the reference range of normal values, and it doesn’t mean that there must be a problem. For example, poor rest may increase transaminase. Many indexes of physical examination are at a dynamic level, and the body detects an instantaneous value, but it cannot be used as a complete basis for diagnosis. It is impossible to make a definite diagnosis only by one physical examination, and it is necessary to synthesize other examination results and my medical history before finally reaching a conclusion. However, terms such as "reexamination and regular follow-up" mentioned in the physical examination report must be taken seriously.

  Di Yan, deputy director of the Physical Examination Center of Beijing Shijitan Hospital affiliated to Capital Medical University: I’ll "translate" it for you. Generally speaking, if the doctor says you must see a doctor immediately, you should go to the specialist immediately with your physical examination report. If you write an elective review, it means that there is a little abnormality in this indicator, and you need to observe it regularly. For example, if we have a small lung nodule, we will let him have a reexamination for 3 to 6 months, which belongs to the category of selective reexamination, and then there is regular follow-up, which is slightly lower than the reexamination level.

  What preparations should be made before physical examination?

  According to the medical staff, the physical examination is to reflect the real physical health. One to two weeks before the physical examination, you don’t need to deliberately change your living habits. Otherwise, the result is just an illusion, which can’t truly reflect the current situation of the body, and even cover up some problems that exist in yourself.

  It is suggested that light diet, no drinking, regular work and rest, no staying up late two to three days before physical examination, no strenuous exercise and heavy physical labor one day before physical examination, no eating after 22 o’clock one day before physical examination until the next morning, and a small amount of water (no more than 200ml) can be used. People with chronic diseases such as hypertension, coronary heart disease and diabetes should take medicine as usual.

  In addition, some physical examination items have certain contraindications and need to be known in advance. For example, it is forbidden for women to do radioactive examination and gynecological examination during breastfeeding and pregnancy, and women should not take urine samples and gynecological examination during menstrual period.

[Editor in charge:
Zhao Xi
]

"The family has suffered a change, and the compensation of 270,000 yuan cannot be put in place. Who can help me?"

Xintai city People’s Procuratorate

the people

My family died in a traffic accident, and my family hasn’t received a penny of compensation so far. I am basically unable to work because of illness, and there are two children at home who need to borrow money for tuition. I urge the state to give me judicial assistance.

Xintai city People’s Procuratorate

Hello, your application has been accepted by our hospital. After verification, your situation is in line with Article 7, Item 6 of the Detailed Rules for National Judicial Assistance of the People’s Procuratorate (for Trial Implementation), which belongs to the scope of national judicial assistance. We will pay you relief money in the near future.

Slide up the text in the small phone.

Aunt Li, who lives in xintai city, originally had a happy family of four. Her husband was honest and dutiful, and her children were practical and studious. However, a sudden car accident caused her husband Zhu Mochang to be killed. After trial by the court, she was ordered to compensate Aunt Li for more than 270,000 yuan.

The judgment was obtained, but the compensation was delayed because the defendant was unable to compensate. Originally, her husband was the pillar of the family. Now that her husband has passed away, Aunt Li is in poor health and can only do odd jobs. The meager income is not enough for the tuition of two children, and the immediate livelihood of a family of three has become a problem. How can this be?

I heard that the procuratorate can provide judicial assistance to qualified people? With the idea of giving it a try, Aunt Li dialed the 12309 procuratorial service hotline of xintai city People’s Procuratorate. After learning about Aunt Li’s situation, the receptionist patiently and meticulously explained the relevant provisions of judicial assistance to Aunt Li, telling her to submit a written application, and the procuratorate would reply as soon as possible.

Xintai city people’s procuratorate 12309 procuratorial service center

After receiving Aunt Li’s application for judicial assistance, the People’s Procuratorate of xintai city immediately sent personnel to verify it. After review, Aunt Li’s situation conforms to the situation stipulated in Item 6 of Article 7 of the Detailed Rules for National Judicial Assistance of People’s Procuratorate (for Trial Implementation), which belongs to the scope of national judicial assistance, and the applicant Li Guangmei should be given national judicial assistance.

The People’s Procuratorate of xintai city immediately proceeded to verify the case.

Holding the 10,000-yuan bailout money sent by the procuratorate, Aunt Li held the hand of the prosecutor tightly and repeatedly expressed her gratitude, saying that the judicial assistance of the procuratorate made their family see the hope of life again.

How does the people’s procuratorate carry out the national judicial assistance work

(1) Auxiliary assistance. If the same party in the same case is rescued only once, and other case-handling organs have already rescued it, the people’s procuratorate will not rescue it. If compensation or compensation can be obtained through litigation, it should be resolved through litigation.

(2) just assistance. Strictly grasp the standards and conditions of assistance, take into account the actual situation of the parties and the amount of assistance in similar cases, and achieve fair, just and reasonable assistance.

(3) Timely assistance. The parties who meet the conditions for assistance shall provide timely assistance according to the application of the parties or according to their functions and powers.

(4) Territorial assistance. The people’s procuratorate handling the case shall be responsible for the assistance of the parties who meet the conditions for assistance.

Who can get legal aid?

(1)

The victim of a criminal case is seriously injured or disabled by a crime, and cannot obtain compensation through litigation because the perpetrator is dead or unable to compensate, resulting in difficulties in life;

(2)

The victim of a criminal case is endangered by a crime, and is in urgent need of medical treatment and unable to bear the medical treatment expenses;

(3)

The victim of a criminal case is killed by a crime, and his close relatives who rely on his income as their main source of livelihood or other people who are supported, supported and raised by him are unable to obtain compensation through litigation because of the death or inability to compensate, resulting in difficulties in life;

(4)

The victim of a criminal case has been infringed by a crime, resulting in heavy losses to his property, and he is unable to obtain compensation through litigation because of the death or inability to compensate, resulting in difficulties in life;

(5)

Informants, witnesses and expert witnesses have been retaliated for reporting to the procuratorial organs, giving testimony or accepting judicial expertise entrusted by the procuratorial organs, resulting in personal injury or heavy losses to property, and unable to obtain compensation through litigation, resulting in difficulties in life;

(6)

Personal injury caused by road traffic accidents and other civil torts, and it is impossible to obtain compensation through litigation, resulting in difficulties in life;

(7)

Other circumstances that the people’s procuratorate deems necessary according to the actual situation.

I want to apply for judicial assistance. What should I do?

(1) An application for national judicial assistance;

(2) The valid identity certificate of the applicant for assistance;

(3) Proof of actual damage results, including the victim’s injury appraisal opinions, medical diagnosis conclusions, medical expense documents or death certificates, and property losses caused by unlawful infringement;

(four) proof of the living difficulties of the applicant and his family members;

(five) whether to obtain compensation, assistance and other information or certification materials;

(6) Other relevant certification materials.

What does judicial assistance have?

National judicial assistance is mainly based on the payment of aid money, combined with ideological guidance, publicity and education, matched with legal aid and litigation relief, and connected with other social assistance.

The relief fund is determined on the basis of the average monthly salary of employees in the province, autonomous region or municipality directly under the Central Government where the people’s procuratorate handling the case is located in the previous year, and generally does not exceed the total salary of 36 months. If the losses are particularly serious and the life is particularly difficult, and it is necessary to appropriately break through the rescue limit, it shall be strictly examined and controlled, and submitted for approval in accordance with relevant regulations, and the total amount shall not exceed the amount of compensation that the people’s court should decide according to law.

Can I get help as long as I apply?

Of course not, the following situations are not allowed!

(a) there is a major fault in the case;

(2) refusing to cooperate with the investigation of the facts of the case without justifiable reasons;

(3) intentionally making false statements or falsifying evidence, which hinders litigation;

(4) voluntarily giving up the claim for civil compensation or refusing compensation from the person responsible for the harm and his close relatives in the proceedings;

(5) Life difficulties are not caused by the case;

(six) through social assistance and other measures have been reasonable compensation and assistance.

Laiyuangun xintai city People’s Procuratorate

Wen zi Zhang Jing

Photo: Pan Jilei

Audit Wang Rongrong

Editor Fan Jinyue

Original title: "The family has suffered a change, and the compensation of 270,000 yuan cannot be put in place. Who can help me?" 》

Where is the reporter going: Macao accelerates its integration into Greater Bay Area.

People’s Network is a large-scale online information exchange platform built by People’s Daily, a media culture listed company controlled by People’s Daily, and one of the largest comprehensive online media on the Internet. On January 1, 1997, People’s Daily Online was officially launched. On July 1st, 2006, the Central Committee of the Communist Party of China approved the launch of "China communist party News Network" hosted by People’s Daily, and became an authoritative website to publicize and introduce the Communist Party of China (CPC)’s thoughts, theories, policies and information.

The same degree, the same treatment and the same effect, vocational college entrance examination: going to college on another track.

  With the vigorous implementation of "double reduction", it is still difficult to extinguish the anxiety of parents who want their children to go to a good university. The policy of general and vocational diversion in the senior high school entrance examination stage has caused many parents to fall into a "layered" panic. In February this year, at the press conference held by the Ministry of Education, the relevant person in charge introduced that one of the "five key points" to be broken through this year is to make the "vocational college entrance examination" the main channel for higher vocational enrollment, so as to effectively alleviate the pressure of diverting the senior high school entrance examination and education anxiety.

  The college entrance examination for vocational education is an important achievement and symbolic action of the great reform and development of vocational education since the 18th National Congress of the Communist Party of China. As can be seen from the statement of the Ministry of Education, the vocational college entrance examination has high hopes. The central government hopes to promote the establishment of a "vocational college entrance examination" system with overall planning, comprehensive evaluation and multiple admissions at the provincial level, improve the situation of students passing the ordinary college entrance examination, and become another "track" for going to college.

  What is the vocational college entrance examination? Who can refer to it?

  The vocational college entrance examination system is an examination enrollment system with the same function as the general education college entrance examination system. The establishment of vocational college entrance examination system aims at unblocking the growth channels of technical and skilled talents, building an all-round application-oriented talent training system connecting secondary vocational education, junior college vocational education, undergraduate vocational education and professional degree graduate education, breaking the single-plank bridge pattern of ordinary college entrance examination and forming a two-lane college entrance examination with vocational education and general education.

  The concept of vocational college entrance examination was first put forward in the National Vocational Education Reform Implementation Plan issued in 2019. Prior to this, it appeared in the name of "Higher Vocational Classification Examination". In 2014, the state required the implementation of higher vocational education classified examination enrollment, which was relatively separate from that of ordinary colleges and universities. Since then, 31 provinces in China have basically established their own vocational education classified examination enrollment system according to their own conditions.

  For example, Shandong explored the implementation of the spring college entrance examination system, and upgraded it to the vocational college entrance examination in 2022. The implementation effect was good. The proportion of undergraduate admission through the vocational college entrance examination in the province changed from 6:1 to 4:1, and the proportion of secondary vocational students pursuing further studies exceeded 70%.

  Vocational school students participate in the art flower arrangement competition. Photo by Yang Wenbin

  Theoretically, all high school graduates can take the vocational college entrance examination, whether they are fresh graduates from ordinary high schools or secondary vocational schools or previous students. Of course, the focus of the vocational college entrance examination is to face the graduates of secondary vocational schools, so that they can enter the university through the vocational college entrance examination, further study, get a bachelor’s degree and receive a higher level and higher quality education.

  How to take the exam? Where to?

  According to the published vocational college entrance examination scheme in various places, we can see that the comprehensive examination mode of "cultural quality+vocational skills" is basically adopted in various places.

  The cultural quality examination takes three courses, namely Chinese, mathematics and foreign languages, while the vocational skills examination adopts the "1+2" course model, that is, a professional basic course plus two professional core courses. The three courses should cover the most important professional basic theoretical knowledge and skills of this major. The examination is conducted in the way of "paper and pencil test+practical operation". The cost of practical operation examination is high, which is much higher than that of paper-and-pencil examination, whether it is labor cost, time cost, venue cost or material cost.

  There are three main types of schools that enroll students in vocational college entrance examination: one is 32 vocational undergraduate colleges, the other is 1468 vocational colleges, and the other is application-oriented undergraduate colleges that are willing to offer vocational undergraduate majors and recruit middle and higher vocational graduates.

  Among these three types of colleges and universities, vocational education undergraduate and application-oriented undergraduate schools are more attractive and will become the first choice for candidates and parents. During the 14 th Five-Year Plan period, the Ministry of Education will select and build about 10 high-level vocational undergraduate education demonstration schools. Higher vocational college, because of its low academic level, has been regarded as a guaranteed school and the last option by candidates in a sense.

  Two types of universities: three different and three identical.

  There are three main differences between vocational education universities and ordinary universities.

  First, the names are different.It can be distinguished from the name of the school. The state explicitly requires the name of the vocational education university to be "a certain vocational and technical university", and the name is fixed when it is approved to be established. It also requires these schools to have "the same running direction, the same training mode and the same characteristic development", which has obvious identity and social characteristics.

  Second, the major is different.In 2021, the Ministry of Education studied and formulated the management measures for the establishment of vocational education undergraduate professional catalogs, and at the same time announced 247 vocational education undergraduate professional catalogs, establishing a self-contained professional catalog system.

  Third, the evaluation is different.Different from the evaluation and requirements of ordinary undergraduate schools. In 2021, the Ministry of Education will study and formulate the qualification evaluation index of vocational undergraduate schools, put forward the basic requirements for running schools, and prepare to evaluate the undergraduate teaching level of vocational and technical universities.

  In addition to the "three differences", vocational education universities and ordinary universities also have "three similarities", that is, the same degree, the same treatment and the same effect.

  Same degree,That is to say, the bachelor’s degrees of graduates from vocational and technical universities and ordinary universities are awarded according to disciplines, which is the same, and there is no difference between vocational education degrees and ordinary degrees.

  Equal treatment,The state requires graduates of vocational and technical colleges to enjoy the same treatment as graduates of ordinary schools in employment, recruitment, title evaluation and promotion.

  Have the same effect,That is, the degrees and academic qualifications issued by vocational and technical universities, like ordinary universities, can participate in postgraduate entrance examination and employment, and have the same legal effect.

  The biggest problem:How do "local food stamps" circulate throughout the country?

  At present, the biggest problem in the vocational college entrance examination is that its test scores are only "local food stamps", which are difficult to circulate nationwide, and have not become the "hard currency" of the whole country like the ordinary college entrance examination.

  The college entrance examination for vocational education is basically a proposition in the province, an examination is organized, and then admission is made. Undergraduate schools are mainly local schools with jurisdiction in this province. The formulation of examination standards, the development of examination questions (database) and the evaluation of scores are still "not hard enough", and there is still a lot of room for improvement. The reliability and validity of the examination are still not high, and it is difficult to achieve cross-provincial circulation because of the lack of credibility and authority. It is difficult for candidates from one province to be recognized by other provinces and cannot be accepted by relevant universities in other provinces. This is directly related to the practical operation test of skills, and has become the key blocking point for the nationwide circulation of vocational college entrance examination. (The author is Nie Wei, Associate Research Fellow, Institute of Vocational and Continuing Education, China Academy of Educational Sciences)