分类： tetey

CCTV News:Humans need regular physical examination to judge the health status of the body, and the city also needs to monitor and evaluate its health status during its development. Recently, the Ministry of Natural Resources issued the "Regulations on Physical Examination and Evaluation of Urban Land and Space Planning", which clarified that domestic cities will carry out physical examination once a year and evaluation once every five years.

The Rules for Urban Physical Examination and Evaluation set specific indicators for urban physical examination and evaluation from six dimensions: safety, innovation, coordination, green, openness and sharing, covering ecology, production and life. Among them, there are 33 basic indicators, which must be selected for physical examination and evaluation in various cities. There are also 89 recommended indicators, which cities can choose to use according to their own development stages and key tasks.

Yang Ming, the main drafter of "Regulations for Physical Examination and Evaluation of Urban Land and Space Planning":Through urban physical examination, it can actually grasp some problems faced by urban development in a timely and dynamic manner and solve them through comprehensive policies.

The reporter noticed that many urban physical examination indicators are closely related to the daily life of ordinary people, which can directly reflect the quality of life and convenience of urban residents. Through physical examination and evaluation, the "urgent and anxious" problems around residents can be solved, such as the number of public rental housing, the coverage rate of 15-minute community life circle, and the per capita park green area.

Yang Ming, the main drafter of "Regulations for Physical Examination and Evaluation of Urban Land and Space Planning":If there are 100 commuters in our city, if 60 commuters spend more than 45 minutes commuting, accounting for 60%, it shows that the city is very sick in commuting. We reduce commuting time by planning measures and some transportation policies.

According to the Ministry of Natural Resources, the final physical examination and evaluation reports of key cities in China will also be released to the public in due course to protect citizens’ right to know, participate and supervise the implementation of urban planning.

Determine the indicators of the physical examination, so how to check it? According to the Ministry of Natural Resources, accurate, simple and effective urban physical examination evaluation is mainly based on various authoritative survey data, supplemented by residents’ participation.

The Regulation on Physical Examination and Evaluation of Urban Land and Space Planning clearly stipulates that the physical examination and evaluation work is organized by the urban people’s government, and the competent department of urban natural resources is responsible for the specific implementation in combination with the responsibilities of preparation, examination and approval, dynamic maintenance and implementation supervision of land and space planning.

According to the Ministry of Natural Resources, the first kind of authoritative data includes the distribution and utilization of cultivated land, garden land, woodland, grassland and other places in China as mastered by the third national land survey. In addition, it also includes data such as annual survey, mapping, monitoring and remote sensing images of natural resources departments.

Yang Ming, the main drafter of "Regulations for Physical Examination and Evaluation of Urban Land and Space Planning":The second category is related to some statutory statistics and survey data, such as the data of the national economic and social census, the data of our population and the data of the economic census. This data is also a very important supplement.

At the same time, the urban physical examination depends on public participation, and the Ministry of Natural Resources also encourages all localities to use Weibo, small programs and other convenient ways to let citizens evaluate the health status of the city, efficiently collect citizens’ opinions and show them dynamically, intuitively and concisely.

Yang Ming, the main drafter of "Regulations for Physical Examination and Evaluation of Urban Land and Space Planning":We will integrate this objective evaluation with the subjective evaluation of the people and their personal feelings to form a relatively objective and fair evaluation conclusion for our government and functional departments to refer to.

Since 2018, the Ministry of Natural Resources has carried out pilot work of physical examination evaluation in Beijing, Shanghai, Chongqing, Changchun and other cities, and has formed relevant report results and experience. The reporter learned that at present, provincial natural resources departments such as Beijing, Shanxi, Anhui, Shandong, and Guangdong have issued documents to comprehensively carry out urban physical examination and evaluation, and other provinces will also deploy them one after another.

　　Changsha Evening News August 7th (all-media reporter Liu Qiongping correspondent Ye Zhou) Following the implementation of real-name payment and SMS authentication for motor vehicle insurance policyholders in Henan, Jiangsu, Hainan and Xinjiang, Hunan will also join this camp. The reporter learned from Hunan Insurance Industry Association today that from August 10th, Hunan car owners will also be the beneficiaries of the new policy of "auto insurance in real-name registration system".

　　Interpretation of "Real-name Authentication of Auto Insurance Payment"

　　According to the introduction of Hunan Insurance Industry Association, the real-name authentication of auto insurance policyholders means that when purchasing auto insurance, the insurance company must carry out real-name authentication on the payment account and check it with the information of the policyholders to ensure that the information of the payment account is consistent with that of the policyholders, that is, "whoever buys auto insurance pays, ensuring that the payer = the policyholders".

　　According to reports, the insured must use his real-name account to pay the insurance premium in full at one time, and other third-party institutions and individual agents such as insurance companies, insurance professional intermediaries and part-time agencies are not allowed to advance the auto insurance premium in any form.

　　In order to ensure the implementation of the policy, Hunan Province will also implement a mobile phone number SMS verification system, that is, when the insured or the insured is an individual and the insured vehicle is a family car, it must be verified by mobile phone SMS through the national auto insurance information platform, and the insurance company can pay the bill only after the "verification code" feedback from consumers is entered.

　　For example, Zhang San insured his own car or someone else’s (non-company’s) car, and the nature of vehicle use is family car (non-business nature), so he must carry out real-name payment authentication and SMS verification at the same time. In the SMS verification link, Zhang San must provide the verification code to the cashier of the insurance company before the next insurance process can be carried out.

　　In the face of the upcoming new auto insurance policy, some car owners may feel that "procedures have become troublesome."

　　"In fact, buying insurance does increase the procedures for real-name authentication, but it is definitely beneficial for most car owners." The relevant person in charge of the Hunan Insurance Industry Association said that auto insurance real-name registration system will make consumers clearly understand the amount of premiums paid — — The amount paid is all the expenses of the insurance policy, which fundamentally eliminates the "catty" of private delivery and unauthorized underwriting in the auto insurance industry; Secondly, after the real-name payment, the insurance company can remind the owner in time when renewing the insurance in the coming year.

　　Four steps for beginners to pay for auto insurance on the road.

　　The first step is to choose an intentional insurance company to insure. Insurance methods include calling the insurance company’s customer service phone, logging in to the insurance company’s official website, logging in to the insurance company’s mobile phone client and going to the insurance company’s service outlets.

　　Step 2, SMS verification. If the applicant or the insured is a natural person, it must actively verify the mobile phone number under the name of the applicant through the national auto insurance information platform, and check the rationality and repeatability of the mobile phone number. After receiving the SMS verification code, consumers must inform the insurance company staff of the "verification code" to help complete SMS verification. It is worth noting that the total number of different policyholders and insured persons corresponding to the same mobile phone number cannot exceed 3, and more than 3 people will not be able to obtain the verification code.

　　The third step is the real-name authentication of payment. After the SMS is verified, it will enter the real-name authentication of payment, and the consumer will sign the customer authorization letter (electronic version or paper version) issued by the insurance company to confirm. After the insurance company is authorized, it will check the consumer’s information to ensure that the premium payment account is consistent with the insured’s information.

　　The fourth step is to pay the bill. After passing the real-name payment authentication, consumers can use their real-name account’s bank card, Alipay, WeChat or cash payment to pay the premium in full at one time. When the payment account is consistent with the information of the insured, the payment is successful and the policy can be printed. When the two are inconsistent, the payment will fail and the bill will not be issued.

　　What should I do in these situations after the New Deal?

　　Hunan Insurance Industry Association reminds consumers to pay attention to the following matters after the implementation of real-name registration system for auto insurance payment.

　　First, what payment methods can I choose? When insuring a private car, you can pay the premium through bank card, Alipay and WeChat payment, and make sure to use your account. Other payment methods without real-name authentication cannot be used. For special circumstances such as cash payment by the insured, inconsistency between the insured’s information and the payment account information, it is necessary to consult the insurance company first or go through the insurance formalities in the business premises of the insurance company. The insurance company will record and video the underwriting process and keep audio, video, pictures and other materials.

　　Second, how many cars can an applicant buy insurance for at most? If the owner of the vehicle is an individual, when the applicant agrees with the owner, the same applicant can vote for up to 50 vehicles. If the applicant does not agree with the owner, the applicant is only allowed to insure up to 3 vehicles for compulsory insurance and commercial insurance.

　　Third, will it affect the auto insurance premium? The real-name authentication of auto insurance payment only involves the change of premium payment method. The premium price of auto insurance purchased by consumers has nothing to do with the payment method, and will not increase because of it. The amount of premium is related to factors such as vehicle model, insurance type, number of accidents and years without accidents.

　　Fourth, what is the difference between the insurance procedures and the past? First of all, when consumers apply for insurance, they must fill in the SMS verification code received by the customer’s reserved mobile phone number for verification. Secondly, the insurance company must obtain the authorization of consumers to verify the payment account. Finally, when paying premiums, consumers should carry out real-name authentication of the payment account.

Once the bearer of the real estate industry and the originator of high turnover, it is now troubled.

Recently,Country Garden has added a number of shares freeze information.Total number of enterprises whose shares have been executedFreeze equity over 10 billion yuan. In addition, the company also has information such as the executor and the consumption restriction order.

In this regard, Country Garden’s response is:The stock right freeze involves cooperation projects of regional companies.Due to the dispute between Country Garden and the partner in cost calculation and pre-distribution of profits, the partner applied to the court for property preservation. Such disputes are normal commercial disputes, and the court has not yet made a final judgment. The frozen equity value is not the same as the disputed object, and the company is ready to raise an objection to the excessive preservation of the partner.

In addition, in February this year,Ever Credit Limited filed a lawsuit with the Hong Kong High Court on February 27th, 2024.put forwardLiquidation petition against Country Garden, which deals with unpaid term loans with principal of about HK$ 1.6 billion and accrued interest between the petitioner and the company.

To sum up, both partners and debtors are not optimistic about Country Garden.

In fact, Country Garden has been actively promoting in order to cope with changes in the market environment and cope with high debts.

1、continuouslylandStrategic contraction, from 106 regional companies to 21 regional companies now.

2. Layoffs and salary reductions. Every year, we are constantly optimizing and adjusting talents and actively reducing labor costs.

3. sell assets. For example, in August 2023, Country Garden sold 1.29 billion Asian Games Town to China Shipping Real Estate; In January 2024, five projects in Guangzhou were packaged and planned to be sold for 3.818 billion yuan.

4. Give yourself blood transfusion. Yang Huiyan provided 5.5 billion interest-free loans, and it was rumored that private jets were sold to pay off debts.

Of course, although Country Garden has taken a lot of debt repayment measures, it is still a bit of a drop in the bucket for the huge debt of 1.3 trillion yuan.

Many people will question: Country Garden has occupied the first place in the real estate sales list for many years, with sales of 500 billion yuan for many years. For example, Country Garden’s 2019 annual report shows that Country Garden’s operating income reached 485.91 billion yuan, gross profit was about 126.64 billion yuan, and year-on-year net profit was about 61.2 billion yuan. Where did the money go?

I don’t know exactly where I went, but the boss and some senior executives took a lot anyway.

For example, since Country Garden went public, the Yang family has accumulated.Dividends were divided into 42 billion yuan., from Country GardenService dividends exceeded 1.5 billion yuan.. In addition, Yang’s family also receives a high annual salary from Country Garden. For example, in 2021, Yang Guoqiang, his second daughter Yang Huiyan and his third daughter Yang Ziying received an annual salary of 23.728 million yuan, 15.763 million yuan and 24.357 million yuan respectively, totaling 63.848 million yuan. According to statistics, the Yang family has accumulated from Country Garden.The salary is 667 million yuan.

Of course, Country Garden executives are also highly paid, for example, the president.Mo BinIn 2021, the total salary was 190 million yuan, and vice presidentLiang guokun129 million yuan in 2019 and so on.

It also includes regional presidents who used to earn hundreds of millions of dollars a year: former vice president of Country Garden Group and regional president of Jiangsu.Liu senfengIt has been widely reported that he is the first regional president in the history of real estate to get an annual salary of 100 million yuan.

In other words, Country Garden once had 106 regions and 106 regional presidents, not including the vice presidents at the group level and the vice presidents below the regions. These are people with an annual salary of 10 million.

With the regional adjustment and reform of Country Garden, there are only 21 regions from fission to reduction. Many surplus regional presidents, who have connections and backgrounds, are transferred to the group headquarters and other business sectors, and the remaining regions are always reduced to regional vice presidents and regional executive presidents, or marginalized and choose to leave.

I have also written many articles about Country Garden before (there are links related to Country Garden below), and I have also said that the regional presidents of Country Garden have left their jobs one after another.

Recently, I heard that some regional presidents of Country Garden have left.

Xiao Hongzhang: Former President of Country Garden Henan Central Region

Xiao Hongzhang graduated from Hunan University with a bachelor’s degree in architecture. After graduation, he joined Guangdong Architectural Design and Research Institute. In September 2013, he joined Country Garden Group. He first worked for Country Garden Design Institute, then joined Country Garden Real Estate, and served as the regional design director and chief designer in southern Henan. In 2020, Country Garden once again split the region and became the president of central Henan.

Qi Aihong: Former President of Country Garden Inner Mongolia Region

Qi Aihong graduated from Shijiazhuang Institute of Economics with a bachelor’s degree in investment economic management. After graduation, he joined Foshan Dongjian, Evergrande Real Estate, Wanda Real Estate and other companies. In June 2014, he joined Country Garden Group as the general manager of the cost management department of the group, and then transferred to a regional company, successively serving as the regional president of southwest Henan and the regional president of Inner Mongolia. After the regional merger in 2023, he was transferred to Country Garden Kejian Group as the general manager of the company’s marketing and the general manager of the region.

Lan Yi: Former President of Country Garden Huizhou Region

Lan Yi graduated from Southeast University with a bachelor’s degree in engineering management. After graduating in 2007, he joined Country Garden Group, also known as Guan Peisheng of Country Garden. After growing from a civil engineer to a general manager of the project, he began to be independent, and successively served as the executive president of Guangqing District, the general manager of Shaoguan City Company, the president of Shaoguan District, the president of Southwest Sichuan District and the president of Huizhou District.

None of the above three are future leaders, and they all grew up step by step in Country Garden. It can be said that their foundation is still relatively solid.

It is also a hero of the times. At the beginning, Country Garden’s wanton expansion and regional fission were selected by the group as the regional president, which was also a manifestation of its ability.

However, with the deterioration of Country Garden, many people have begun to choose to leave, not because they are disloyal to Country Garden and unwilling to play for it, but because there are really not so many places in Country Garden.

You can have a better choice when you leave Country Garden.

For example, previously reported Country Garden executives teamed up to go to Hailiang Group:

Zhao Ran: Former President of Country Garden Guixi Region, joined Hailiang Group.The assistant president is in charge of the customer center.

Pang Xiaoyun: Former President of Country Garden Zhaoqing Region, joined Hailiang Group as Assistant President.

Zhang Jiansheng: Former President of Country Garden Ningxia Region, joined Hailiang Group as the rotating president of Hailiang Mingkanghui Ecological Agriculture Group.

Zhang Mingzong: Former President of Country Garden in East Anhui, joined Hailiang Group as Assistant President and co-president of Mingjuhui Ecological Agriculture Group.

Peng Long: Former President of Country Garden Southwest Yunnan, joined Hailiang Group as Assistant President of the Group, Assistant President of Shares and Dean of the Research Institute.

With the extinction of Country Garden Group, more and more regional presidents will leave Country Garden, and once thousands of doctors and ten thousand project general managers will also be scattered with the wind.

Although high turnover has brought rich returns in the short term, with the continuous rise of debt, when the bubble bursts, it will be a disaster for both the company and employees.

【 Preface to Words 】

Graphical user interface (GUI) is the way for users to interact with computers, and it is also the front-end representation of the underlying program code. Because of the particularity of invention patent applications involving computer programs, how to grasp the creative judgment of invention patents based on GUI is also controversial. In this paper, through a case of invalidation request, the creative judgment of invention patent based on graphical user interface is analyzed in detail.

[Concept elaboration]

Chapter 9 of the Examination Guide gives special provisions on the writing of the description and claims of an application for a patent for invention involving a computer program. It is necessary to reflect the technical scheme of the invention as a whole and record the necessary technical features for solving technical problems, instead of simply describing the functions that the computer program has and the effects that the functions can achieve. The method claims should describe in detail the functions that the computer program performs and how to complete them according to the steps of the method flow. The provisions on creative review in Chapter 9 of the Examination Guide, when examining an application for a patent for invention with algorithmic features or business rules and methods, should consider the algorithmic features or business rules and methods that are functionally mutually supportive and interactive with the technical features as a whole. This provision does not conflict with the provisions on creativity in Chapter 4 of Part II of the Examination Guide, and the creative judgment of an application for a patent for invention based on graphical user interface has the same creative judgment as that of applications for a patent for invention in other fields. How to better deal with the relationship between specific writing methods and creative judgment, especially how to accurately identify technical effects under this writing method needs more discussion.

Taking the case under review as an example, it relates to the technical content that users can directly perform simple and intuitive gesture operations on the display screen, which is widely used in the man-machine interaction of the graphical user interface of mobile intelligent terminals. The subject of claim 1 is a shooting method, and part of the features defined by this shooting are the functions executed by computer programs and how to complete these functions, and part of the features are the dynamic changes of the graphical user interface. The effects of graphical user interface recorded in the manual are mostly subjective feelings established in the process of using products, and these characteristics are related to their technical fields. However, whether the characteristics describing the effects of people’s cognitive impressions, psychological reactions and behaviors are obvious or can produce beneficial technical effects compared with the existing technologies, the author believes that in addition to considering the technical scheme recorded in the invention patent application for graphical user interface, we should also treat the invention of graphical user interface as a whole, and consider the technical fields to which the invention belongs, the technical problems solved and the production.

[Case Deduction]

First, determine the technical effect and technical problems in the technical field.

The patent involved in the examination decision is the shooting method limited by the operation steps of the graphical user interface, and the comparison file used in the examination decision is the software version before this patent, both of which are used for shooting the mobile terminal by man-machine interaction of the graphical user interface. The difference between them is that the patent has added the feature that the button shape changes in the same direction as the carrier moves on the screen to remind the user of the current operation information. Just looking at the above differences, it’s just a dynamic graphical user interface operation change, whose function is to prompt the user’s current operation and enhance the user experience. The effect brought by this operation change in any graphical user interface is consistent, and it is impossible to know its beneficial effect, but it is completely different when it is placed in the field where the invention patent is located. The change caused by this operation is the change of whether the shooting information prompt is given during the shooting process, which is the effect produced in practical application. Moreover, there is a big difference in the experience between the photographer with information prompt and the photographer without information prompt, so it is necessary to combine the technical field to determine the technical effect.

Also considering the technical field, it will be clear in creative judgment that the technical problem to be solved is closely related to online video shooting. This button posture changes with the movement of the button, which can give the photographer accurate information. By giving the information, the photographer can know what he is doing and have an intuitive feeling of what he is doing, that is to say, he knows that the technical task of improving the nearest existing technology in order to obtain better shooting effect is to give corresponding shooting tips. Without the technical field, "the position and posture of the button changes with the movement of the carrier" is a change in the graphical user interface, just like the simple movement of the mouse on the computer display interface, which is not related to the actual operation and will not produce the actual technical effect, and the technicians in this field are not clear about the problem to be solved by this feature. Therefore, in creative judgment, it is necessary to consider the technical effect of technical features in the technical field of graphical user interface and re-determine the technical problems that need to be solved according to the technical field.

Second, objectively judge the technical effect and technical problems

First of all, objectively understand the technical effect and technical problems of the patent recording scheme. Technical effect is an important factor to judge creativity, and beneficial technical effect is an important basis to determine whether an invention has "significant progress". The description should clearly and objectively state the beneficial effects of the invention or utility model compared with the existing technology. The patent involved in this decision records that the invention in the prior art has the beneficial technical effects of "supporting the interactive action of shooting button movement with finger movement, meeting the needs of users to continue shooting with multi-angle and rotating mobile phones, and improving the user experience". In the author’s opinion, after reading this patent, we can know that the specific technical feature of the shooting method "the button moves with the finger during shooting" brings the technical effect of "multi-angle, rotating the mobile phone can continue shooting", and based on this technical effect, the problem of "how to achieve multi-angle shooting" is determined to be solved, but "improving the user experience" cannot solve the above problem; At the same time, the technical effect is brought by the technical features of the invention directly acting on the product or inevitably produced in the product, which is the product itself and the external presentation of the technical scheme, while "improving the user experience" is the intuitive feeling of the user in the process of using the product, which is also interpreted in ISO9241-210 standard as including the user’s feelings, beliefs, preferences, cognitive impressions, physiological and psychological reactions, behaviors and achievements in using the product. These feelings are formed by people’s processing, and they may vary from person to person. Similarly, people’s feelings are not the attributes of products, so it is not appropriate to divide them into technical features with technical effects.

Secondly, objectively understand the technical effects of patents compared with existing technologies. In the decision, the reference document discloses the above-mentioned feature "supporting the interactive action of shooting button movement with finger movement", which also discloses the claimed technical effect, and the Review Guide says that "as a principle, any technical effect of the invention can be used as the basis for re-determining technical problems". Therefore, in the case that the difference between the technical scheme protected by this patent claim and the reference document has changed (the specific difference feature is as above), the technical scheme of this patent should be re-recognized when judging creativity.

In the above distinguishing features, "used for prompting the user’s current operation information" is the function or result of "the shape of the button changes in the same direction with the movement of the carrier", which is not the operation mode or step of shooting. Although it can satisfy the user’s easier interaction with the product, it is beneficial to complete the ideal shooting and even improve the user experience. In the case that the technical scheme does not record that "Prompting the user’s current operation information" is associated with the product it works on and can realize a specific function, it should not continue to be considered that this feature has other technical effects, unless the technical scheme also records that the next step or operation should be continued according to "Prompting the user’s current operation information". Therefore, the technical effect of the above distinguishing features is that the button shape changes in the same direction with the movement of the carrier when the carrier pressing the button moves on the screen, and the user is informed of the current operation action, so that the user can clearly know the current operation action, that is, the user is prompted of the current operation information, the controllability of the product is improved, and of course, the user experience is improved.

Based on this technical effect, the technical problem is "how to improve the controllability of products". From the overall technical scheme, this technical effect inevitably produced by technical characteristics is beneficial technical effect, so the invention has made remarkable progress.

Third, commercial success plays an auxiliary role in creative judgment.

The Review Guide gives other factors that need to be considered when judging an invention, and emphasizes that when the application is "the invention is successful in business", it should not be easily concluded that the invention is not creative. Some people also think that "patent is the product of the market, and its destination is the market after all". The commercial success of software products is the result of users’ comparison and selection of specific software and other similar software in the market in a free market. Most countries, such as the United States and Japan, basically adopt the standard of "non-obviousness" in creative judgment, and believe that whether an invention patent reflects technological progress can be tested by market rules without making special provisions in the patent law. From this point of view, if the free use of similar software includes the invention patents of computer graphical user interface, which invention patent obtains beneficial technical effects, the market choice is more authentic.

It is true that there is no quantitative proof standard for commercial success, but the large increase in the number of users of a software and the frequent imitation by latecomers can reflect the beneficial effects of the invention in the software, and also show that the invention is not obvious. Although commercial success was not introduced in the examination decision, objectively, the shooting method of the patent involved was used in the version of "vibrato short video" after the patent application date, and its download volume was much larger than that before the application date. Excluding the increase in software usage caused by the improvement of sales technology, advertising or the habitual effect of the public’s continuous use of software, the positive and efficient experience brought by the software improvement to the users can not be underestimated, which is why the software users can be more welcome to the new version.

During the substantive examination, the application for a patent for invention of graphical user interface may not be popularized on a large scale or widely recognized in the industry, that is, it has not achieved commercial success, so it is not obvious that the beneficial effects of the invention can not be considered from the perspective of commercial success in the substantive examination. However, if the patent is found to be commercially successful in the post-confirmation procedure, it should be considered and the conclusion that the invention is not creative should not be easily made, which leads to different factors to be considered in the creative judgment of invention patent authorization and confirmation. Theoretically, the conclusion whether the invention is creative should be unique, so the commercial success directly caused by technical characteristics should not conflict with the beneficial effects obtained by other judgment methods, so as to avoid the situation that different creative judgment methods lead to different conclusions. (Review and Invalid Trial Department Zhou Leiming lixi)

　　BEIJING, Beijing, December 15th (Wu Tao) The train tickets for Spring Festival travel rush are on sale today! Send a raiders, let you get twice the result with half the effort on the way to grab tickets.

　　No strategy? Let’s look at the situation in Spring Festival travel rush this year. In 2017, Spring Festival travel rush is the earliest Spring Festival travel rush in five years from January 13th, and this year’s train ticket purchase period is shortened to 30 days, which is called "the most difficult year to grab tickets". According to the data of China Railway Corporation, in 2017, the national railways are expected to send 356 million passengers, an increase of 31.56 million passengers, an increase of 9.7%.

　　Raiders one

　　Know yourself and your enemy, and pay attention to increasing and temporary trains.

　　The art of war has a cloud, know yourself and know yourself, and fight every battle. The same is true for robbing Spring Festival travel rush train tickets. Some basic rules must be clear. As for the time to grab tickets, the website of 12306 adjusted the time to sell tickets in August this year, and the time to start selling tickets every day was advanced from 7:00 to 6:00.

　　However, the 12306 website and telephone booking implement the measures of different starting time at different stations. During the period from 8: 00 to 18: 00, new tickets will be on sale at every hour and half past one. For example, the ticketing time for trains departing from Beijing West Railway Station is 8:00, Shanghai Station is 14:30 and Guangzhou Station is 11:00.

　　Therefore, as long as you are optimistic about the starting station or the specific number of trains, remember the earliest selling time of tickets, and there is no need to get up early at 6 o’clock to grab tickets. However, it should be noted that during my stay in Spring Festival travel rush, some trains are temporarily suspended, so don’t rely on your usual experience to grab tickets on these trains.

　　Zhongxin. com also notes that a notable feature of Spring Festival travel rush in 2017 is that there are more additional trains or temporary trains. In December, there are announcements of additional trains during the stay in Spring Festival travel rush almost every day. You may wish to pay more attention. After all, if you add a train, there will be hundreds of more tickets, and the probability of grabbing tickets will naturally increase.

　　Raiders ii

　　60% of tickets don’t need verification code, and make rational use of "high technology"

　　According to China Railway Corporation, nearly 60% of the tickets on the 12306 website are sold, and passengers no longer need to use the verification code, which greatly improves their ticket purchasing experience.

　　Without the protection of verification code, it is convenient for passengers to buy tickets, but also convenient for the ticketing software to grab tickets? Some netizens said that if you don’t need to grab the ticket software, you will lose. Zhongxin. com contacted a number of ticketing software companies, and they all kept silent about it.

　　The introduction of ticketing software in the market is basically the same. Take the 360 ticketing browser as an example. According to the introduction, it can automatically, quickly and accurately identify the verification code, and users can also choose to automatically log in, automatically swipe tickets and automatically submit orders. Zhongxin. com tried a certain ticketing software, and the process was smooth and fully automatic to reach the payment link.

　　However, when using the ticketing software, we should pay attention to information leakage and try to use the products of some well-known enterprises. China Railway Customer Service Center issued an announcement to remind you not to purchase tickets through third-party purchasing websites and mobile phone clients, so as to avoid being unable to refund or change tickets online because the purchasing party fraudulently uses other people’s information, which will affect travel.

　　Raiders iii

　　Buy tickets in a roundabout way to avoid the direct peak.

　　Judging from the situation in previous years, the direct train tickets between the two places are often snapped up. At this time, we may wish to play a "detour" strategy.

　　For example, because there is no high-speed rail between Beijing and Yinchuan, a berth ticket is precious. On the 14th, Zhongxin. com inquired on the website of 12306 that on January 12th, 2017 and a few days ago, there were few berth tickets left in Beijing-Yinchuan, but there were enough berth tickets in Shijiazhuang-Yinchuan, and tickets in Beijing-Shijiazhuang were also very easy to buy. At this time, you can go from Beijing to Shijiazhuang first and then to Yinchuan.

　　However, this situation generally takes a long time. If you buy tickets in advance, the transfer station will set aside more time to avoid one step and one step. If you buy tickets temporarily at the transfer station, you must pay attention to the ticket sales, so as to avoid being "people in the road" who have no tickets at the transfer station.

　　Can’t design a transit route? Nowadays, many ticketing websites are very intelligent. For example, searching for the starting point and destination on Qunar.com’s train ticket purchase page will push four types of ride schemes: direct, boarding and ticket replacement, transit and adjacent lines.

　　In addition, the "detour" strategy can also be adopted for telephone booking. If the local booking telephone can’t get through, you can add the telephone area code of other cities in your province and try again, and it is best to use a fixed telephone.

　　Raiders iv

　　We’re leaving soon! Don’t worry, go to "catch the leak"

　　According to the introduction of China Railway Corporation, according to the law, at the time nodes such as 15 days, 48 hours and 24 hours before driving, the refund is relatively concentrated. At this time, those who have not grabbed the ticket can go to "leak".

　　According to the feedback from netizens, according to experience, a few hours before the train leaves, it is the prime time of "missing".

　　The main reason is that the 12306 website stipulates that those who have not exchanged paper tickets and are not later than 30 minutes before driving can apply for a refund on the website; There are also some passengers who will temporarily refund their tickets because their itinerary has changed or they have missed the train; There are also some "scalpers" who have not sold the tickets and will also refund the tickets before the train leaves.

　　extend

　　Can’t get the train ticket? Try to get off the train

　　If you still can’t grab the train ticket, people who are not far away may wish to try the ride that has arisen in recent two years. Its flexible and convenient features are favored by more and more people. According to the data provided by Didi, during Spring Festival travel rush in 2016, Didi hitchhiking covered 31 provinces, with a total of 1.9 million people traveling together.

　　During the period of Spring Festival travel rush in 2016, the Ministry of Transport stated that the carpooling home launched by the Internet platform was supported by the Ministry of Transport as long as it was not for profit.

　　The reporter from Zhongxin. com has experienced cross-city hitchhiking many times. Taking Beijing to Shijiazhuang as an example, the cost required is basically the same as that of the second-class ticket of the high-speed rail. The most important thing is to pick up the car and send it, which saves the hassle of entering and leaving the train station.

　　However, the safety of hitchhiking has always been a focus of attention. For Spring Festival travel rush in 2017, Didi Shunfeng Business Department told Zhongxin.com that it will start in November. Didi began to plan this year’s Spring Festival cross-city home project. "At present, cross-city passengers have begun to implement safety measures such as passenger real-name authentication, owner’s three-certificate verification and face recognition to ensure smooth and safe travel." (End)

　　General Office of Hunan Provincial People’s Government

　　Notice on Issuing the Measures for Publicity of Administrative Law Enforcement in Hunan Province, the Measures for Recording the Whole Process of Administrative Law Enforcement in Hunan Province and the Measures for Legal Review of Major Administrative Law Enforcement Decisions in Hunan Province

　　Xiang Zheng Ban Fa [2019] No.53

The people’s governments of cities, counties and cities, the provincial government departments and commissions, and the directly affiliated institutions:

　　The measures for publicity of administrative law enforcement in Hunan Province, the measures for recording the whole process of administrative law enforcement in Hunan Province and the measures for legal review of major administrative law enforcement decisions in Hunan Province have been agreed by the provincial people’s government and are hereby printed and distributed to you, please earnestly organize their implementation.

　　General Office of Hunan Provincial People’s Government

　　October 14, 2019

　　(This piece is made public voluntarily)

　　Measures of Hunan Province on Publicity of Administrative Law Enforcement

　　Chapter I General Principles

　　the first
In order to enhance the transparency of administrative law enforcement, standardize and supervise administrative law enforcement actions, and ensure citizens, legal persons and other organizations to obtain administrative law enforcement information according to law, according to the Administrative Punishment Law of the People’s Republic of China, the Administrative Licensing Law of People’s Republic of China (PRC), the Regulations on the Openness of Government Information of People’s Republic of China (PRC), the Guiding Opinions of the General Office of the State Council on Comprehensively Implementing the System of Recording the Whole Law Enforcement Process of Administrative Law Enforcement, and the Legal Review System of Major Law Enforcement Decisions (Guo Ban Fa [2018] No.118) and the Administrative Procedure Regulations of Hunan Province,

　　the second
The term "administrative law enforcement" as mentioned in these Measures refers to the administrative acts of administrative organs and organizations authorized by laws and regulations (hereinafter referred to as administrative law enforcement organs) that affect the rights and obligations of citizens, legal persons and other organizations by implementing administrative licensing, administrative punishment, administrative coercion, administrative expropriation, administrative inspection and administrative confirmation according to law.

　　Article
The term "publicity of administrative law enforcement" as mentioned in these Measures refers to the activities of administrative law enforcement organs to disclose the relevant information of administrative law enforcement to the parties and the society on their own initiative through certain carriers and methods before, during and after administrative law enforcement.

　　In accordance with the application for the disclosure of administrative law enforcement information, it shall be handled in accordance with the relevant provisions of the Regulations of People’s Republic of China (PRC) Municipality on the Openness of Government Information.

　　Article 4 The administrative law enforcement organs shall, when disclosing administrative law enforcement information, adhere to the principles of fairness, fairness, legality, timeliness and convenience, with publicity as the norm and non-disclosure as the exception.

　　Fifth people’s governments at or above the county level shall uniformly lead the publicity work of administrative law enforcement in their respective administrative areas.

　　The competent departments of the people’s governments at or above the county level and the administrative law enforcement organs at all levels shall be responsible for organizing, coordinating and promoting the publicity of administrative law enforcement as an important part of the government’s and the department’s openness in government affairs, and do a good job in daily guidance, supervision and inspection.

　　The judicial administrative departments of the people’s governments at or above the county level and the administrative law enforcement organs at higher levels shall be responsible for guiding the implementation of administrative law enforcement publicity in their own administrative areas and systems, and cooperating with relevant departments to do a good job in supervision and inspection.

　　Article 6
Administrative law enforcement organs at all levels should establish and improve the working mechanism and management system of administrative law enforcement publicity in accordance with the principle of "who enforces the law and who is responsible for publicity", and clarify the responsibilities of collection, transmission, review, release and management of administrative law enforcement publicity content.

　　Article 7
The provincial people’s government shall establish and improve the unified comprehensive management and supervision information system of administrative law enforcement in the whole province, and gradually realize online entry of relevant law enforcement information, online circulation of law enforcement procedures, online supervision of law enforcement activities, real-time push of law enforcement decisions, online inquiry of law enforcement information and unified publicity of law enforcement information.

　　The portal websites of the people’s governments at or above the county level and their administrative law enforcement organs and the unified administrative law enforcement comprehensive management and supervision information system of the whole province are the unified administrative law enforcement information publicity platforms of the administrative regions and departments. The administrative law enforcement information publicity platform that has been built by the relevant departments should be connected with the unified administrative law enforcement information publicity platform to realize interconnection.

　　In addition to the administrative law enforcement information only presented to the administrative counterpart according to the relevant provisions, all other administrative law enforcement information that should be disclosed to the public should be published on a unified administrative law enforcement information publicity platform.

　　Chapter II Prior Publicity of Administrative Law Enforcement

　　Article 8
Administrative law enforcement organs should take the initiative to disclose the following administrative law enforcement information that involves public interests, needs to be widely known by the public or needs public participation, and reflects their functions, institutional settings, procedures, etc. in advance on a unified administrative law enforcement information publicity platform:

　　(a) the information of the administrative law enforcement subject and the administrative law enforcement personnel, including the name, function, office address and contact information of the administrative law enforcement subject and the name, work unit, law enforcement field and law enforcement certificate number of the administrative law enforcement personnel;

　　(2) Information on administrative law enforcement matters and basis (i.e. power list), including specific administrative law enforcement matters such as administrative punishment, administrative license, administrative compulsion, administrative inspection, administrative expropriation and administrative confirmation undertaken by administrative law enforcement organs according to law and the laws, regulations and rules on which they are based;

　　(3) Information on administrative law enforcement procedures, including the steps, methods, time limits and various administrative law enforcement flowcharts to be followed in implementing administrative law enforcement;

　　(4) Information on the ways of rights relief and supervision, including the rights enjoyed by the parties to apply for administrative reconsideration and bring administrative proceedings according to law, and the ways and means of reporting and complaining about administrative law enforcement activities;

　　(five) other administrative law enforcement information that should be disclosed in advance in accordance with laws, regulations and rules.

　　The list information in Item (2) of the preceding paragraph shall be made public after the legal institution of the administrative law enforcement organ conducts the legality review; The administrative law enforcement organs with the power of administrative inspection shall also formulate and make public a list of random inspection items in accordance with relevant requirements.

　　Article 9
Administrative law enforcement organs in the service hall, government affairs center and other office places to provide services, it should be set up according to the requirements of standardized information bulletin board, express the job responsibilities of staff, demonstration text of application materials, progress inquiry, consulting services, complaints and reports and other information.

　　The administrative law enforcement organ shall prepare a service guide for administrative law enforcement matters such as administrative licensing, administrative expropriation and administrative confirmation, and make it public in a way that is convenient for the public to know, such as public signs in the service hall and service windows, so as to facilitate the masses to handle affairs.

　　The judicial administrative department of the tenth provincial people’s government shall take the initiative to disclose the relevant information of the administrative law enforcement personnel in the province, and provide inquiry services and accept social supervision.

　　Eleventh administrative law enforcement organs shall, in accordance with the laws, regulations, rules and changes in institutional functions, timely and dynamically adjust the scope of administrative law enforcement in advance.

　　Chapter III Publicity in Administrative Law Enforcement

　　Twelfth administrative law enforcement personnel in the implementation of supervision and inspection, investigation and evidence collection, enforcement measures and enforcement, law enforcement documents and other law enforcement activities, must take the initiative to show their identity and produce administrative law enforcement certificates.

　　In accordance with the relevant provisions of the state, law enforcement clothing and law enforcement signs are unified, and when implementing administrative law enforcement, they should dress and wear signs in accordance with the regulations.

　　Article 13
Administrative law enforcement personnel shall issue administrative law enforcement documents in the process of administrative law enforcement, and inform the parties and interested parties of relevant law enforcement facts, reasons, basis, legal rights and obligations in a timely manner according to law.

　　In case of emergency, oral and other means may be adopted, except that written notification is required by laws, regulations and rules.

　　Chapter IV Publicity of Administrative Law Enforcement Afterwards

　　Fourteenth administrative law enforcement after the public, refers to the disclosure of the relevant information of the administrative law enforcement decision.

　　In addition to the provisions of article sixteenth of these measures, the information of administrative law enforcement decisions shall be disclosed in full.

　　Article 15
Except as otherwise provided by laws and administrative regulations, the administrative law enforcement organ shall, within 7 working days from the date of making the decision on administrative license and administrative punishment, and within 20 working days from the date of making other administrative law enforcement decisions, announce the relevant information of the administrative law enforcement decision to the public on the unified administrative law enforcement information publicity platform and accept social supervision.

　　The time limit specified in the preceding paragraph shall be calculated from the day after the date specified in the administrative law enforcement decision.

　　Sixteenth administrative law enforcement decisions in any of the following circumstances, shall not be made public:

　　(a) the parties are minors;

　　(two) involving state secrets, and may endanger national security, public safety, economic security and social stability after disclosure;

　　(three) involving business secrets, personal privacy and publicity will cause damage to the legitimate rights and interests of third parties;

　　(four) other circumstances that are not allowed to be disclosed by laws, regulations and rules.

　　Involving commercial secrets, personal privacy and information of administrative law enforcement decisions that will cause damage to the legitimate rights and interests of third parties after disclosure, the obligee agrees to disclose it or it is really necessary to disclose it according to law, and the administrative law enforcement organ shall make appropriate treatment of the administrative law enforcement decisions before making them public.

　　Article 17
When the administrative law enforcement organ makes public the administrative law enforcement decision, it shall specify the publicity period. Among them, the administrative licensing decision should generally be publicized for a long time within the validity period; The time for keeping the written decision of administrative punishment and the results of administrative inspection on the information publicity platform of administrative law enforcement is generally not less than one year. Unless otherwise provided by laws, regulations and rules, such provisions shall prevail.

　　If the published administrative law enforcement decision is revoked according to law, confirmed to be illegal or required to be re-made, the administrative law enforcement organ shall withdraw the original administrative law enforcement decision within 5 working days from the date of the above-mentioned situation.

　　Article 18
The administrative law enforcement organ shall, before January 31 of each year, make public the overall situation and relevant data of the annual administrative law enforcement in the unified administrative law enforcement information publicity platform, and submit them to the judicial administrative department of the people’s government at the same level and the higher competent department.

　　Chapter V Supervision and Inspection

　　Nineteenth people’s governments at or above the county level shall strengthen the leadership of the administrative law enforcement publicity work in this administrative region, and incorporate its implementation into the important content of the assessment of the construction of a government ruled by law.

　　Article 20
The competent department of the people’s government at or above the county level responsible for the publicity of government affairs and the administrative law enforcement organs at higher levels shall guide, supervise and inspect the publicity of administrative law enforcement in their respective administrative areas and systems, and urge the administrative law enforcement organs to make rectification if they fail to carry out the publicity of administrative law enforcement in accordance with the provisions; If the circumstances are serious, give it to informed criticism. If it is necessary to investigate the responsibility of the responsible leaders and the directly responsible personnel, it shall put forward suggestions to the competent authorities according to law.

　　Article 21
If the administrative law enforcement organ finds that its public information on administrative law enforcement is inaccurate, it shall promptly correct it. A citizen, a legal person or any other organization that the information on administrative law enforcement disclosed by the administrative law enforcement organ is inaccurate or fails to disclose the relevant information on administrative law enforcement in accordance with the provisions may request the administrative law enforcement organ to make corrections, and may submit it to the competent department of the people’s government at the corresponding level responsible for the openness of government affairs or the administrative law enforcement organ at a higher level. The competent department in charge of the publicity of government affairs or the administrative law enforcement organ at a higher level shall supervise and urge the rectification; If the circumstances are serious, give it to informed criticism.

　　Chapter VI Supplementary Provisions

　　Twenty-second laws, regulations and rules shall be implemented by the people’s governments at or above the county level, and the publicity of administrative law enforcement shall be the responsibility of the administrative law enforcement organs that specifically undertake administrative law enforcement matters.

　　Twenty-third organizations entrusted with administrative law enforcement duties according to law to carry out administrative law enforcement publicity activities, the application of this approach.

　　Article 24 These Measures shall come into force as of the date of promulgation.

　　Measures of Hunan Province for Recording the Whole Process of Administrative Law Enforcement

　　Chapter I General Principles

　　the first
In order to strengthen the recording, preservation, management and use of information on the whole process of administrative law enforcement, further standardize and supervise the administrative law enforcement behavior, and safeguard the legitimate rights and interests of citizens, legal persons and other organizations, according to the Administrative Punishment Law of the People’s Republic of China, the Administrative Licensing Law of People’s Republic of China (PRC), the Administrative Enforcement Law of the People’s Republic of China, and the Guiding Opinions of the General Office of the State Council on the Legal Review System for the Full Implementation of the Recording System of the Whole Process of Administrative Law Enforcement (Guo Ban Fa [2018] 18

　　the second
The term "administrative law enforcement" as mentioned in these Measures refers to the administrative acts of administrative organs and organizations authorized by laws and regulations (hereinafter referred to as administrative law enforcement organs) that affect the rights and obligations of citizens, legal persons and other organizations by implementing administrative licensing, administrative punishment, administrative coercion, administrative expropriation, administrative inspection and administrative confirmation according to law.

　　Article
The term "record of the whole process of administrative law enforcement" as mentioned in these Measures refers to the activities of recording and preserving the whole process of administrative law enforcement, such as initiation, investigation and evidence collection, examination and decision, delivery and execution, through written, audio-visual and other forms of records.

　　Written record is a way to record administrative law enforcement activities in the form of paper documents or electronic documents.

　　Audio-visual recording is a way to record the administrative law enforcement process in real time through tape recorders, cameras, video cameras, law enforcement recorders, video surveillance and other recording equipment.

　　Article 4
The administrative law enforcement organ shall make a written record of the whole process of administrative law enforcement. According to the relevant provisions of the state and the provisions of these measures, the law enforcement process of audio-visual recording must be carried out, and the administrative law enforcement organ shall carry out audio-visual recording in accordance with the provisions.

　　Article 5 Records of the whole process of administrative law enforcement shall adhere to the principles of legality, objectivity, comprehensiveness, timeliness and traceability.

　　Article 6 The people’s governments at or above the county level shall uniformly lead the work of recording the whole process of administrative law enforcement within their respective administrative areas.

　　The judicial administrative departments of the people’s governments at or above the county level and the administrative law enforcement organs at higher levels shall be responsible for the guidance, supervision and inspection of the whole process of administrative law enforcement in their respective administrative areas and systems.

　　Article 7
The relevant competent departments at the provincial level shall, jointly with the financial department, formulate the law enforcement equipment standards, equipment planning, facilities construction planning and annual implementation plan of the administrative law enforcement organs at all levels of the system according to the relevant requirements of the state, and submit them to the provincial people’s government for approval before implementation.

　　The administrative law enforcement organ shall, according to the law enforcement equipment standards, equipment planning, facilities construction planning and annual implementation plan formulated by the provincial competent department, formulate specific implementation plans and report them to the people’s government at the same level for approval before implementation.

　　Article 8
Administrative law enforcement organs should strengthen the informatization construction of administrative law enforcement, establish and improve the working mechanism of data recording of the whole process of administrative law enforcement based on the Internet, electronic authentication and electronic signature, and continuously improve the informatization and standardization level of administrative law enforcement.

　　Chapter II Records of Program Start-up Stage

　　Article 9
When an administrative law enforcement organ initiates administrative law enforcement procedures such as administrative license and administrative confirmation based on the application of a citizen, legal person or other organization, it shall record the application, registration, acceptance or rejection, and request the applicant to correct and supplement the application materials. The forms of records include an application form, a registration form, a written certificate of acceptance or rejection, and a notice requesting the applicant to correct or supplement the application materials.

　　The administrative law enforcement organ may install a video surveillance system at the place where the application is received, and record the registration, acceptance and handling process in real time.

　　Article 10
Where an administrative law enforcement organ initiates administrative punishment, administrative enforcement and other administrative law enforcement procedures ex officio, the administrative law enforcement personnel shall fill in the procedure initiation approval form, and record the reasons for starting, the source of the case, the basic situation of the parties, the basic case, the opinions of the contractor or the contractor, and the opinions of the person in charge of the administrative law enforcement organ for examination and approval.

　　Article 11
If the administrative law enforcement organ starts the administrative collection procedure according to law, it shall record the starting reasons, legal conditions, examination and approval opinions of relevant departments, etc. The ways of recording include the certification materials that meet the needs of public interests, the certification materials that meet various plans and plans, and the approval opinions of the competent authorities that agree to start the collection.

　　Twelfth administrative law enforcement organs in accordance with the requirements of "double random, one open" to start the administrative inspection procedures, it should be randomly selected inspection objects, randomly selected law enforcement inspectors and sampling methods and other content records.

　　Chapter III Records of Investigation and Evidence Obtaining Stage

　　Thirteenth administrative law enforcement organs shall make corresponding administrative law enforcement documents and record the following situations in the process of investigation and evidence collection (review and verification):

　　(a) the name of the administrative law enforcement personnel, the number of the law enforcement certificate, and the situation of showing the law enforcement certificate and showing the law enforcement identity;

　　(2) Asking about the parties and witnesses;

　　(three) on-site inspection (investigation, inspection);

　　(four) the collection of documentary evidence, physical evidence and other evidence;

　　(5) Sampling for evidence collection and entrusting a third party to conduct inspection, testing, quarantine, appraisal, expert argumentation or review and evaluation;

　　(6) Informing the parties about their rights to make statements, defend themselves, apply for withdrawal, apply for a hearing, etc. according to law, and about their statements, defend themselves and apply for withdrawal;

　　(seven) hearing, listen to the opinions of the parties or the public;

　　(8) Other relevant information.

　　Article 14
If the administrative law enforcement organ implements administrative law enforcement according to the application, it shall review the application materials after accepting it; According to the legal conditions and procedures, if it is necessary to verify the substantive contents of the application materials, it shall be verified by two or more administrative law enforcement personnel, and the corresponding examination or verification conclusion documents shall be made.

　　In accordance with the law, if it should be reviewed by the administrative law enforcement organ at a lower level and then reported to the administrative law enforcement organ at a higher level for decision, the administrative law enforcement organ at a lower level shall submit the preliminary examination opinions and all application materials to the administrative law enforcement organ at a higher level within the statutory time limit, and the administrative law enforcement organ at a higher level shall file them for preservation.

　　Article 15
If the administrative law enforcement organs carry out administrative law enforcement according to their functions and powers, and the evidence may be lost or difficult to obtain later, and with the approval of the person in charge of the administrative organ, they take administrative compulsory measures according to law, such as registering and preserving evidence in advance, restricting citizens’ personal freedom, sealing up places, facilities or property, seizing property, freezing deposits and remittances, etc., they shall make corresponding administrative law enforcement documents to record the relevant situation, and at the same time make audio-visual records of the whole process.

　　Article 16 The administrative law enforcement organs shall make audio-visual records of on-site inspection (investigation and inquest), sampling for evidence collection, holding hearings and other controversial investigation and evidence collection processes.

　　Seventeenth administrative law enforcement organs to record the investigation and evidence collection process, should focus on the following contents:

　　(a) law enforcement site environment, law enforcement places;

　　(two) the physical characteristics, words and deeds of administrative law enforcement personnel, parties, witnesses and other relevant personnel on the spot;

　　(3) Relevant evidence such as important articles involved and their main features;

　　(four) the scene of the administrative law enforcement personnel to take measures against the relevant personnel and property;

　　(five) the service of law enforcement documents by administrative law enforcement personnel;

　　(six) other contents that should be recorded.

　　Article 18
In the process of audio-visual recording, if it is interrupted due to special circumstances, the reason for the interruption shall be explained by voice when the recording is resumed. If it is really impossible to explain the reasons in the audio-visual records due to objective reasons, the situation should be explained in writing afterwards, and the file should be attached.

　　Chapter IV Records of Audit Decision Stage

　　Article 19
After the investigation, the administrative law enforcement organ shall record the handling opinions put forward by the administrative law enforcement contractor, the proposed administrative law enforcement decision and the examination and approval opinions of the person in charge of the administrative law enforcement organ. The forms of records include handling instructions, opinions to be made, administrative law enforcement decisions (or cases) approval forms, administrative law enforcement decision documents, etc.

　　Twentieth administrative law enforcement decisions made by administrative law enforcement organs shall specify the following items:

　　(a) the basic situation of the parties;

　　(2) Facts and evidence to prove them;

　　(3) Applicable legal norms;

　　(4) the contents of the decision;

　　(five) the way and time of performance;

　　(six) the way and time limit of relief;

　　(seven) the seal and date of the administrative organ;

　　(eight) other matters that should be specified.

　　The administrative law enforcement decision document shall be produced; Where summary procedures are applicable, formatted documents may be used.

　　Article 21
If a major administrative law enforcement decision has been demonstrated or reviewed by experts, the situation of expert demonstration or review shall be recorded. The forms of records include expert argumentation or review opinions, meeting minutes and sign-in forms, etc.

　　Twenty-second major administrative law enforcement decisions have been audited by the legal system, and the relevant information of the legal system audit shall be recorded. The record is in the form of legal audit opinions.

　　Article 23
If a major administrative law enforcement decision is decided by the person in charge of the administrative law enforcement organ through collective discussion, the opinions and decisions of the collective discussion shall be recorded. The form of the record is the minutes and minutes of the meeting that comprehensively record the opinions of the responsible persons of the administrative law enforcement organs.

　　Chapter V Records of Delivery and Execution Stage

　　Article 24
If the administrative law enforcement organ directly serves the administrative law enforcement documents, it shall make a receipt of service, and record the name, time and place of service, the addressee, the addressee or the signatory who meets the legal conditions and the receipt on the receipt of service.

　　Article 25
Administrative law enforcement organs take lien to serve administrative law enforcement documents, it shall record the reasons and date of lien service, witnesses, delivery, etc. on the service receipt, and at the same time take audio-visual recording to record the service process.

　　Article 26
When an administrative law enforcement organ serves an administrative law enforcement document by mail, it shall use a registered postal letter or express mail, indicate the name and document number of the administrative law enforcement document served on the mailing list, and keep the voucher and receipt for mailing.

　　Twenty-seventh administrative law enforcement organs to entrust, transfer and other ways to serve administrative law enforcement documents, it should be in the service receipt to record the reasons for the entrustment or transfer, the addressee, the signatory and the signing situation.

　　Article 28
Where the administrative law enforcement organ serves the administrative law enforcement documents by announcement, it shall record the reasons, methods, process and date of the announcement. If an announcement is made in the media, the voucher for the announcement shall be retained; Where an announcement is posted in the relevant place, the documents of the announcement shall be retained, and the announcement process shall be recorded by audio and video.

　　Twenty-ninth if the parties voluntarily perform the obligations determined by the administrative law enforcement decision, the administrative law enforcement organ shall record the voluntary performance of the parties and keep the relevant documents.

　　Where the administrative law enforcement organ shall perform the obligations determined by the administrative law enforcement decision at the same time, it shall record the performance of the obligations by the administrative law enforcement organ and keep relevant vouchers.

　　Article 30
Where the administrative law enforcement organ implements administrative enforcement according to law, it shall make corresponding administrative law enforcement documents, record the situation of urging, making and serving enforcement decisions, administrative enforcement methods, etc., and make audio-visual records of the specific process of implementing administrative enforcement.

　　If a party or a third party makes statements, arguments or objections to administrative enforcement, the administrative law enforcement organ shall record the opinions or objections raised by the party or the third party and the handling of relevant opinions and objections by the administrative law enforcement organ.

　　Article 31 Where an administrative law enforcement organ applies to a people’s court for compulsory execution according to law, it shall record the demand, the application and the result of compulsory execution.

　　Chapter VI Management and Use of Records

　　Thirty-second administrative law enforcement organs shall establish and improve the management system of administrative law enforcement files, and clarify the person responsible for the preservation, use and management of administrative law enforcement records.

　　The administrative law enforcement organ shall, within 30 days from the end of the administrative law enforcement act, timely file and save the records of the whole process of administrative law enforcement in accordance with the relevant laws, regulations and archives management provisions, so as to ensure that all administrative law enforcement acts are well documented. Except as otherwise provided by laws, regulations and rules.

　　Thirty-third administrative law enforcement organs shall establish and improve the management system of administrative law enforcement audio-visual records, and clarify the requirements of equipment, use norms, recording elements, storage and application, supervision and management of administrative law enforcement audio-visual records.

　　Article 34
The use of audio-visual recording, administrative law enforcement personnel or recording personnel shall, within 24 hours after the completion of audio-visual recording, store the recorded information to the designated administrative law enforcement information system or special memory, and shall not keep it by themselves.

　　Continuous work, law enforcement in different places, or law enforcement in remote and inaccessible areas, and it is really impossible to store relevant record information in time, it shall be stored within 24 hours after returning to the unit.

　　Article 35
Audio-visual records used as evidence of administrative law enforcement shall be made into CD-ROM with text description, indicating the information such as production method, producer, production time and object of proof, attached to the volume or filed.

　　Article 36
The administrative law enforcement organ shall establish and improve the supervision system for the access to the records of the whole process of administrative law enforcement, so that it can be accessed in real time, and strengthen supervision to ensure that the written records and audio-visual records of administrative law enforcement are standardized, legal and effective.

　　The parties or interested parties may apply for access to the relevant information of administrative law enforcement files, except those that should be kept confidential or not made public according to law.

　　Chapter VII Supervision and Inspection

　　Thirty-seventh people’s governments at or above the county level shall strengthen the leadership of the whole process of administrative law enforcement in their respective administrative areas, and incorporate their implementation into the important content of the assessment of the construction of a government ruled by law.

　　The judicial administrative department of the people’s government at or above the county level and the administrative law enforcement organ at a higher level shall guide, supervise and inspect the record of the whole process of administrative law enforcement in their respective administrative areas and systems, and report the results of supervision and inspection through appropriate means.

　　Thirty-eighth administrative law enforcement organs and their administrative law enforcement personnel and other relevant personnel in any of the following circumstances, resulting in serious consequences, should be investigated for responsibility according to discipline and law:

　　(a) without justifiable reasons, not to record the whole process of administrative law enforcement or not in accordance with the provisions;

　　(two) unauthorized destruction, deletion, tampering with administrative law enforcement records;

　　(three) not according to the provisions of storage or custody, resulting in damage or loss of administrative law enforcement records;

　　(four) in violation of the provisions of unauthorized disclosure of administrative law enforcement records;

　　(five) in violation of other provisions of these measures.

　　Chapter VIII Supplementary Provisions

　　Thirty-ninth organizations entrusted with the responsibility of administrative law enforcement according to law to carry out the whole process of administrative law enforcement record activities, the application of this approach.

　　Fortieth these Measures shall come into force as of the date of promulgation.

　　Measures of Hunan Province for Legal Audit of Major Administrative Law Enforcement Decisions

　　the first
In order to standardize and supervise major administrative law enforcement actions, and protect the legitimate rights and interests of citizens, legal persons and other organizations, these measures are formulated in accordance with the Administrative Punishment Law of the People’s Republic of China, the Administrative Compulsory Law of the People’s Republic of China, the Guiding Opinions of the General Office of the State Council on Comprehensively Implementing the System of Publicity of Administrative Law Enforcement, the System of Recording the Whole Process of Law Enforcement, and the Legal Review System of Major Law Enforcement Decisions (Guo Ban Fa [2018] No.118) and the Provisions on Administrative Procedures of Hunan Province, combined with the actual situation of this province.

　　the second
The term "administrative law enforcement" as mentioned in these Measures refers to the administrative acts of administrative organs and organizations authorized by laws and regulations (hereinafter referred to as administrative law enforcement organs) that affect the rights and obligations of citizens, legal persons and other organizations by implementing administrative licensing, administrative punishment, administrative coercion, administrative expropriation, administrative inspection and administrative confirmation according to law.

　　Article
The term "legal review of major administrative law enforcement decisions" as mentioned in these Measures refers to the activities of the administrative law enforcement organs to review the legality and appropriateness of major administrative law enforcement decisions by the institutions responsible for legal review before making major administrative law enforcement decisions.

　　Article 4
Involving major public interests, may cause significant social impact or lead to social risks, directly related to the major rights and interests of the administrative counterpart or the third party, and the following major administrative law enforcement decisions with complex circumstances and involving multiple legal relationships, the administrative law enforcement organ shall conduct legal review before making a decision, and shall not make a decision without legal review or failure of the review:

　　(1) Administrative compulsory decision. In case of emergency, it is necessary to implement administrative compulsory measures on the spot or immediately implement administrative compulsory execution;

　　(two) the administrative expropriation decision;

　　(3) Decisions on administrative punishment, administrative license, etc. that should be heard according to law or that need to be heard by administrative law enforcement organs;

　　(four) according to the results of spot check, inspection, inspection, quarantine and appraisal, and according to the examination results, assessment results and other legal conditions to make administrative punishment, administrative licensing and other decisions;

　　(5) An administrative confirmation decision that has a significant impact on the production, operation and life of the administrative counterpart or directly affects the significant rights and interests of a third party;

　　(six) other major administrative law enforcement decisions that should be audited according to laws, regulations and rules.

　　Article 5 The administrative law enforcement organ shall, in accordance with the provisions of Article 4 of these Measures, make a list of the legal review of major administrative law enforcement decisions of the organ, announce it to the public, and report it to the judicial administrative department of the people’s government at the same level for the record.

　　The administrative law enforcement organ at a higher level shall strengthen the guidance for the lower administrative law enforcement organs to compile the legal review catalogue of major administrative law enforcement decisions, and clarify the legal review standards for major administrative law enforcement decisions.

　　Article 6
The administrative law enforcement organ shall make it clear that the organ specifically responsible for the legal review of major administrative law enforcement decisions (hereinafter referred to as the legal review organ) is equipped with personnel commensurate with the legal review task. In principle, the legal review personnel of administrative law enforcement organs at all levels shall be equipped with not less than 5% of the total number of law enforcement personnel of the unit and not less than 2 people.

　　The administrative law enforcement organs may employ legal advisers and public lawyers to participate in the legal audit according to the needs of their work.

　　Article 7
The administrative law enforcement agencies specifically responsible for law enforcement matters (hereinafter referred to as law enforcement agencies) shall, after the investigation of major administrative law enforcement actions is completed, put forward preliminary handling opinions, submit them to the legal audit institutions for review, and provide the following materials:

　　(1) Approval form for filing a case or starting a procedure, acceptance certificate, etc.;

　　(two) the measures taken for examination, verification or investigation and evidence collection and the relevant administrative law enforcement documents, which inform the parties and interested parties of their rights to make statements and defend themselves;

　　(3) Collecting documentary evidence, material evidence, audio-visual materials, statements of the parties, witness testimony, on-site transcripts, transcripts of inspection and other evidence materials;

　　(four) after hearing, expert argumentation or review and evaluation, it is necessary to provide materials for hearing, argumentation or review and evaluation;

　　(five) the administrative law enforcement decision to be made;

　　(6) Other relevant materials.

　　If the materials submitted by the law enforcement contractor are incomplete and do not meet the requirements, the legal audit institution may require the law enforcement contractor to supplement them within a specified time; After the supplement still does not meet the requirements, the legal audit institution may not audit and return the relevant materials.

　　Article 8 The contents of the legal audit of major administrative law enforcement decisions by legal audit institutions include:

　　(a) whether the subject of administrative law enforcement is legal, whether it exceeds the statutory authority, and whether the administrative law enforcement personnel are qualified for law enforcement;

　　(two) whether the administrative law enforcement procedure is legal;

　　(3) Whether the facts are clear and whether the evidence is legal and sufficient;

　　(four) whether the applicable laws, regulations and rules are accurate;

　　(five) whether to explain the reasons or whether the reasons are sufficient;

　　(six) whether the administrative law enforcement documents are complete and standardized;

　　(seven) whether the illegal act is suspected of a crime and needs to be transferred to judicial organs;

　　(eight) other contents related to the legality and appropriateness of major administrative law enforcement decisions.

　　Ninth legal audit institutions after the completion of the audit, it should be based on different situations, put forward the corresponding written audit opinions:

　　(a) the subject of administrative law enforcement is legal, the administrative law enforcement personnel are qualified for law enforcement, the facts are clear, the evidence is sufficient, the legal basis is correct, the reasons are sufficient, the procedures are legal, and the proposed handling opinions are appropriate, and the opinions of agreeing to make the administrative law enforcement decision are put forward;

　　(two) the subject of administrative law enforcement is illegal, law enforcement personnel do not have the qualification for law enforcement, and put forward opinions on not making administrative law enforcement decisions; Beyond the jurisdiction of the administrative law enforcement organs, put forward opinions on not making administrative law enforcement decisions and transferring them to the competent organs according to law;

　　(three) if the facts are unclear and the evidence is insufficient, put forward opinions on supplementary investigation or evidence; After further supplementary evidence, the facts are still unclear, and the opinions of not making administrative law enforcement decisions are put forward;

　　(four) in violation of legal procedures, and can not be corrected, put forward opinions on not making administrative law enforcement decisions; If there are minor flaws or omissions in the procedure, and the legitimate rights and interests of the parties are not infringed, put forward suggestions for correction;

　　(five) the reasons are not explained or the reasons are not sufficient, and the suggestions for correction are put forward;

　　(six) the administrative law enforcement documents are not standardized and incomplete, and put forward suggestions for correction;

　　(seven) if the illegal act is suspected of a crime, put forward the opinions of making administrative law enforcement decisions and transferring them to judicial organs according to law.

　　Tenth legal audit institutions shall complete the legal audit of major administrative law enforcement decisions within 7 working days after receiving the submitted materials. If the case is complicated, it may be extended for 3 working days with the approval of the person in charge of the administrative law enforcement organ.

　　The audit period specified in the preceding paragraph shall be counted from the day after the legal audit institution receives the complete submission materials, and the period of supplementary materials shall not be counted.

　　Eleventh law enforcement agencies should study the audit opinions of the existing problems put forward by the legal audit institutions, and then submit them to the legal audit again after making corresponding treatment.

　　Twelfth major administrative law enforcement decisions that should be submitted to the heads of administrative law enforcement organs for collective discussion and decision according to law. If the legal review fails, it shall not be submitted for collective discussion.

　　Article 13
The judicial administrative department of the people’s government at or above the county level and the administrative law enforcement organ at a higher level shall guide, supervise and inspect the legal review of the implementation of major administrative law enforcement decisions in their respective administrative areas and systems, and report the results of supervision and inspection through appropriate means.

　　Article 14
Administrative law enforcement organs in the process of implementing major administrative law enforcement acts, due to the administrative law enforcement personnel, legal auditors and the person in charge of administrative law enforcement organs intentionally or grossly negligent, under any of the following circumstances, resulting in illegal administrative law enforcement acts and harmful consequences, it shall be investigated for responsibility according to law and discipline:

　　(a) without legal review or audit failed to make a major administrative law enforcement decision;

　　(two) due to the reasons of law enforcement agencies and their administrative law enforcement personnel, the facts, evidence, legal application and procedures of administrative law enforcement are seriously illegal, or the materials submitted for legal review are untrue, inaccurate and incomplete;

　　(three) the legal audit institutions and their legal auditors do not put forward legal audit opinions according to the provisions or the legal audit opinions put forward are seriously wrong;

　　(four) there are other illegal acts.

　　Fifteenth major administrative law enforcement decisions made by the people’s governments at or above the county level according to laws, regulations and rules shall be audited by the judicial administrative department of the people’s governments at or above the county level according to the provisions of these measures.

　　Article 16 These Measures shall apply to the legal review of major administrative law enforcement decisions by organizations entrusted with administrative law enforcement duties according to law.

　　Article 17 These Measures shall come into force as of the date of promulgation.

In 2018, the overall operation of the automobile industry was stable. Due to the influence of policy factors and macroeconomics, the production and sales of automobiles were lower than expected at the beginning of the year. The annual production and sales of automobiles in China were 27.808 million and 28.081 million respectively. Although it is lower than the expected production and sales volume, it still ranks first in the world for ten consecutive years, and new energy vehicles continue to maintain high-speed and steady growth, with rapid export growth. The details are as follows:

(A) car production is lower than expected.

In 2018, China’s automobile industry is under great pressure, and the growth rate of major economic benefit indicators of the automobile industry has slowed down and the growth rate has declined. The reasons can be divided into: on the one hand, the impact of the comprehensive withdrawal of preferential purchase tax policies; On the other hand, it is still under great pressure in the short term due to the decline of macroeconomic growth, Sino-US trade war and consumer confidence. However, at present, China’s automobile industry is still in the popularization period, and there is still much room for growth, and the automobile industry has entered an important stage of brand-oriented and high-quality development.

In 2018, the production and sales of automobiles were 27.809 million and 28.081 million respectively, and the production and sales decreased by 4.2% and 2.8% respectively over the same period of last year. In the first half of the year, except February, sales in other months were higher than the same period of last year. In the second half of the year, the automobile market experienced continuous negative growth, and the annual growth rate dropped to 2.8%. The cumulative growth rate continued to decline in the second half of the year, and the overall pressure was greater.

(2) The production and sales of passenger cars are lower than the industry as a whole.

In 2018, the production and sales of passenger cars were 23.529 million and 23.71 million, respectively, down by 5.2% and 4.1% compared with the same period of last year, accounting for 84.6% and 84.4% of automobile production and sales, respectively, down by 0.9 and 1.2 percentage points from the previous year. Compared with the same period of last year, the growth rate in the first half of the year was significantly higher than that in the second half.

According to the production and sales situation of four types of passenger cars, all four types of passenger cars have negative growth, and the cross-market continues to shrink. Among them: the production and sales of cars decreased by 4% and 2.7% respectively over the same period of last year; The production and sales of SUV decreased by 3.2% and 2.5% respectively compared with the same period of last year; The production and sales of MPV decreased to 17.9% and 16.2% respectively over the same period of last year; The production and sales of cross-type passenger cars decreased by 20.8% and 17.3% respectively over the same period of last year.

(3) The production and sales of commercial vehicles increased year-on-year, and the growth rate dropped.

In 2018, the production and sales of commercial vehicles continued to increase year-on-year, and the growth rate dropped significantly. Driven by the growth of the truck market, the sales volume of commercial vehicles reached a record high. The production and sales of commercial vehicles reached 4.28 million and 4.371 million respectively, up by 1.7% and 5.1% respectively over the same period of last year, and the growth rate dropped by 12.1 percentage points and 8.9 percentage points respectively. Except for February, September and October, the monthly sales of commercial vehicles were higher than the same period of last year.

In terms of vehicle production and sales, the production and sales of passenger cars were 489,000 and 485,000 respectively, down by 7% and 8% respectively over the same period of last year. The production and sales of trucks reached 3.791 million and 3.886 million respectively, up by 2.9% and 6.9% respectively over the same period of last year, among which the production and sales of heavy trucks reached 1.112 million and 1.148 million respectively, and the sales reached a record high. The production and sales of semi-trailer tractors decreased by 19.6% and 17.2% respectively over the same period of last year.

(4) New energy vehicles grew at a high speed year-on-year.

In 2018, the production and sales of new energy vehicles were 1.27 million and 1.256 million respectively, up by 59.9% and 61.7% respectively over the same period of last year. Among them, the production and sales of pure electric vehicles were 986,000 and 984,000 respectively, up by 47.9% and 50.8% respectively over the same period of last year. The production and sales of plug-in hybrid electric vehicles were 283,000 and 271,000 respectively, up by 122% and 118% respectively over the same period of last year. The production and sales of fuel cell vehicles all completed 1527 vehicles.

In terms of new energy classification, the production and sales of pure electric passenger cars were 792,000 and 788,000 respectively, up by 65.5% and 68.4% respectively over the same period of last year. The production and sales of plug-in hybrid passenger cars were 278,000 and 265,000 respectively, up by 143.3% and 139.6% respectively over the same period of last year. The production and sales of pure electric commercial vehicles were 194,000 and 196,000 respectively, with production and sales increasing by 3% and 6.3% respectively over the same period of last year. The production and sales of plug-in hybrid commercial vehicles were all 0.6 million, down 58% from the same period of last year.

(V) The market share of China brand passenger cars decreased year-on-year.

In 2018, China brand passenger cars sold a total of 9.98 million vehicles, down 8% year-on-year, accounting for 42.1% of the total passenger car sales, down 1.8 percentage points from the same period of last year; Among them: China brand cars sold 2.399 million vehicles, up 1.9% year-on-year, accounting for 20.8% of the total car sales, up 0.9 percentage points over the same period of last year; China brand SUV sold 5.8 million vehicles, down 6.7% year-on-year, accounting for 58% of the total SUV sales, down 2.6 percentage points over the same period of last year; China brand MPV sold 1.328 million vehicles, down 23.1% year-on-year, accounting for 76.6% of the total MPV sales, down 6.9 percentage points over the same period of last year.

(VI) The year-on-year decline of the top ten enterprises.

In 2018, the sales volume of the top ten enterprise groups in automobile sales totaled 25.036 million units, down 2.1% from the same period of last year, which was lower than the industry. It accounted for 89.2% of the total automobile sales, an increase of 0.6 percentage points over the same period of last year.

(VII) Automobile exports grew rapidly year-on-year.

In 2018, automobile exports reached 1.041 million, up 16.8% over the same period of last year, and continued to show a rapid growth trend, with the growth rate slowing down compared with the previous year. Among them, 758,000 passenger cars were exported, an increase of 18.5% over the same period of last year; The number of commercial vehicles exported was 283,000, up by 12.5% over the same period of last year. Except for the fourth quarter, the monthly export volume of automobiles was higher than that of the previous year.

(Source: Industry Information Department of China Automobile Association)

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