Xiaomi AI takes a solid step in the whole ecology.

  Xiaomi 15 series and Xiaomi 澎湃 OS 2 new product launch conference was held in Beijing a few days ago. Lei Jun, founder, chairman and CEO of Xiaomi Group, said that this conference is a concentrated display of the latest strategic achievements of Xiaomi’s "people, cars and homes are all ecological".

  Among them, Xiaomi 15 series is the most advanced, smoothest and most exquisite digital flagship mobile phone in Xiaomi’s history; Xiaomi 澎湃 OS 2 ushered in a leap-forward experience rejuvenation, leading Xiaomi to accelerate into the era of "AI full ecology"; The production version of Xiaomi SU7 Ultra is the fastest four-door production car on the surface. Xiaomi’s "people and cars are all ecological" category innovation blowout, especially scientific and technological home appliances have also stood a new starting point for the outbreak.

  Under the traction of the strategy of "people, cars and homes are all ecological", in 2024, Xiaomi entered the fast lane of growth, mobile phones, automobiles, scientific and technological home appliances and other businesses went hand in hand, and hard-core technological innovation entered a new starting point from transcendence to leadership. For example, the 6.36-inch gold size explored by Xiaomi after three generations has become a small-size industry standard. Xiaomi 15 uses Xiaomi’s brand-new M9 luminescent material and its unique double-layer microcavity luminescent structure, which reduces the screen power consumption by 18% and improves the luminous efficiency by 8.5%. The whole system is equipped with Xiaomi Xingchen communication system to provide a stable and smooth connection experience in a complex network environment; The whole department supports the function of "no netcom" in ultra-long distance, providing stable and reliable communication ability in extreme environment, and the communication distance without network in open environment is as high as 3.5 kilometers.

  In terms of automobiles, Xiaomi SU7 Ultra is equipped with the same power system as the prototype, with a maximum horsepower of 1,548 horsepower, an acceleration of 0-100km/h of only 1.98s (excluding the starting time), and a design top speed of 350 km/h. The above data are the first in the world for four-door production vehicles. Among them, the millet super motor V8s equipped with Xiaomi SU7 Ultra has a maximum rotation speed of 27200rpm, which is independently developed and produced by Xiaomi. It is the main drive motor with the highest rotation speed and the strongest performance at present. Up to now, Xiaomi has applied for 242 patents in the field of electric drive and electronic control, of which 128 have been authorized.

  In terms of scientific and technological household appliances, in the past few years, Xiaomi has strengthened its investment in the core technologies of household appliances, bringing a large number of product form innovations and technological innovations that lead the industry. Lu Weibing, president of Xiaomi Group, said that in the strategy of "people, cars and homes are all ecological", "home" is a strategic location, a pillar and a breakthrough.

  In October, 2023, Xiaomi Group strategically upgraded "the whole ecology of people, cars and homes", released the operating system 澎湃 OS1 with unified integration of multiple devices, and completed the important infrastructure of "the whole ecology of people, cars and homes". In 2024, Xiaomi’s performance continued to grow at a high speed, with a year-on-year increase of 27% in the first quarter and 32% in the second quarter, maintaining strong growth against the trend and growing into a global advanced hard-core technology company. According to "Top100 of the Best Brands in the World in 2024" released by Interbrand, a market research organization, Xiaomi ranked 87th, becoming the only China brand among the top 100.

  In terms of core business mobile phones, according to market research organization Canalys, as of the second quarter of 2024, Xiaomi mobile phones ranked the top three in smartphone shipments in 58 countries and regions around the world, and ranked the top five in smartphone shipments in 70 countries and regions. As of the third quarter of 2024, Xiaomi’s smartphone shipments ranked among the top three in the world for 17 consecutive quarters, further widening the gap with the fourth place.

  In terms of automobile business, Xiaomi SU7 will be delivered as soon as it is released. In July 2024, Xiaomi SU7 became the best-selling pure electric car with more than 200,000 yuan. In October, 2024, Xiaomi SU7 completed the delivery of 20,000 units in a single month, and it took only seven months from the delivery of the first car to the delivery of 20,000 units in a single month, setting an industry record. The delivery target of 100,000 vehicles for the whole year will also be completed ahead of schedule in November. Among the new owners of Xiaomi SU7, the redemption ratio from luxury car owners exceeds 50%, the proportion of female users exceeds 40%, and the owners of Apple users exceed half.

  Xiaomi technology household appliances also ushered in explosive growth. For three consecutive years, the online sales of Xiaomi smart door locks ranked first in China, the online sales of Xiaomi router Wi-Fi 7 ranked first in China, the online sales of Xiaomi TV Mini LED series ranked first in China from January to August, and the sales of Xiaomi air conditioner ranked fourth in China.

  In 2024, Xiaomi expects to invest more than 24 billion in R&D, and it is expected to reach 30 billion yuan in 2025. Xiaomi Group’s technology research and development covers 12 major technical fields, including 5G mobile communication, big data, cloud computing and artificial intelligence, involving 99 sub-technologies. By June 30, 2024, Xiaomi had obtained more than 40,000 patents worldwide, and the number of patents in the global review exceeded 32,000. Taking the essential patents of 5G standard as an example, Xiaomi has been ranked in the top ten in the world for two consecutive years, and ranked in the top eight in the world and the third in China this year.

 

 

Tongren Jietu X95 price reduction news, the latest offer is 141,900! There are plenty of cars.

Welcome to car home Tongren preferential promotion channel, we bring you wonderful preferential information about the latest models. At present, this high-profile SUV is undergoing a vigorous promotion in Tongren. The highest discount rate has reached an astonishing 0.5 million yuan, which means that car buyers can enjoy the quality and comfort brought by this luxury SUV at a lower price. The starting price has dropped to 141,900 yuan, which is very attractive. If you are interested in Jetway X95, don’t miss this rare opportunity. Click "Check the car price" in the quotation form, and let’s explore more preferential possibilities together to add benefits to your car purchase journey.

铜仁捷途X95降价消息,最新报价14.19万!现车充足

The exterior design of Jetway X95 is unique, and the front face part adopts a bold and exquisite layout. The air intake grille is decorated with a large area of chrome, which creates a strong visual impact and shows a sense of luxury and strength. The body lines are smooth, and the overall style is stable, which combines modern urban and off-road elements and shows a strong family design language. Whether it is the proportion of the car body or the details, it reflects Jietu’s persistent pursuit of quality and design.

Jietu X95 shows a refined profile with its unique design. The body size is 4858mm x 1925mm x 1780mm, and the wheelbase is as long as 2850mm, which makes the body proportional and spacious. The setting of the front wheel track of 1610mm and the rear wheel track of 1615mm ensures stable driving stability. Tyre size is 235/55 R19, with exquisite rim design, which not only improves the visual effect, but also provides good grip and driving comfort for vehicles. On the whole, the side lines of Jietu X95 are smooth and powerful, showing a dynamic aesthetics of modern cities.

铜仁捷途X95降价消息,最新报价14.19万!现车充足

The interior design of Jetway X95 shows the perfect combination of luxury and technology. The cockpit adopts an exquisite leather steering wheel, which provides a good grip and supports manual up and down+front and rear adjustment to meet the needs of different drivers. The 12.3-inch central control screen stands in the center, which is not only considerable in size, but also equipped with a voice recognition control system to facilitate users to operate multimedia, navigation, telephone and air conditioning functions. The seats in the car are made of imitation leather, and the front and rear, backrest and height adjustment are supported by the main and passenger seats, providing a comfortable riding experience. The front seats are also equipped with mobile phone wireless charging function to meet the convenient needs of modern life. The second row of seats can also be adjusted back and forth, and support proportional reclining, which increases the flexibility of space. On the whole, the interior design of Jetway X95 aims to bring luxurious and convenient riding environment to passengers.

Jetway X95 is equipped with a 1.6T turbocharged engine with a maximum power of 145kW and a power output of 197 HP. This engine is matched with the 7-speed wet powershift, which ensures the ride comfort and fuel economy of the vehicle. This power configuration provides sufficient power support for drivers.

As a medium and large SUV deeply loved by consumers, Jietu X95 has always occupied a place in the market with its excellent performance and competitive price. Nowadays, in order to give back to the love and support of the majority of riders, Jietu Automobile has once again started a new round of price reduction promotion activities. In this round of promotion, Jietu X95 will make consumers enjoy a high-quality driving experience at a very attractive price and further enhance their market competitiveness. Seize this opportunity, you can not only have the long-awaited luxury car with big space, but also enjoy the real car purchase discount. Jetway X95 looks forward to galloping with you in the future.

All industries are working hard to open up a new bureau. China’s economic recovery momentum is enhanced and new potential is continuously released.

  CCTV News:Flowers bloom in May and forge ahead in China. The times are changing, and the background of struggle remains unchanged. Because of labor creation, we have the glory of history and today’s achievements, and we will surely meet a bright future. All industries are working hard to open a new bureau and form a powerful driving force for China’s high-quality development.

  Innovating to "burn" the new vitality of the consumption of sports travel

  During the fiery May Day holiday, "Mobile China" is full of vitality, and the consumption of cultural tourism is surging. New ways of playing and new experiences attract tourists to achieve new "traffic passwords". The new supply of county metropolitan area activates more new consumption scenes and experiences, showing the development resilience and vitality of the cultural tourism consumer market. From "ice and snow economy" to "annual flavor economy", from "flower viewing economy" to "holiday economy", China’s consumer market continues to release new potential.

  Local integration of characteristic resources "Shangxin" cultural tourism boutique

  The "May Day" holiday is a time when the consumption demand of cultural tourism is released in a concentrated way. All localities actively integrate "characteristic" cultural tourism resources, constantly "innovate" cultural tourism products, and cross-border integrate elements such as performing arts, intangible cultural heritage and local cuisine with tourism.

  "Unlock" the trendy gameplay to enrich the new holiday experience

  A series of trendy games are constantly "unlocking", keeping pace with the times and enriching people’s new holiday experiences.

  Pinghu, Zhejiang Province: Characteristic Travel into "Traffic Password"

  Renovations in various places have opened an upgraded version of the holiday city light show. The bright national tide lights in Pinghu, Zhejiang Province light up the night sky, and folk activities such as non-legacy iron flowers and kettle performances are unique, and the characteristic literature has become a new "traffic password".

  Jiangxi Wanzai: Innovative gameplay transforms resources into economic results.

  For thousands of years in Jiangxi, the "Fireworks Show" combined with new discharge methods such as drone performance, floating platform on the water surface, and 3D stereoscopic discharge brought a new immersive experience, and the fireworks show was played over 100 million times in online video. The occupancy rate of local star-rated hotels reached 100%, and the catering and other service industries showed a spurt growth. Wanzai innovative gameplay transformed unique resources into county economic results.

  Wu Yuan, director of Wenguang New Tourism Bureau in Wanzai County, Jiangxi Province, said that the immersive fireworks show "Fireworks Love" was put from May 1 to May 5. Afternoon tea is prepared for tourists, and thousands of local lantern shows are presented. While drinking tea and watching a play, tourists can also experience the characters in the play. Adhere to the road of integrated development of "fireworks+cultural tourism", expand the IP influence of the cultural tourism brand "Come to see fireworks every Saturday", and strive to make the fireworks drive the local economic development.

  Wu Sa, deputy director of the Economic Research Institute of the National Development and Reform Commission, said that the proportion of experience tourism is getting higher and higher, and young people pursue more distinctive tourism experiences, such as camping, immersive night trips, low-altitude economy, flying experiences and concerts. All localities seize the "flow" bonus, actively improve the quality of tourism products and innovate the supply of tourism products.

  Cultivate new scenes and new formats to enhance international influence

  Beijing, Shanghai, Chongqing and other international consumer center cities have cultivated new scenes and new formats through innovation to enhance the global influence of the consumer market.

  Focus on Chongqing and set off a new upsurge of low-altitude consumption

  Chongqing Low-altitude Flying Consumption Week focused on creating new low-altitude consumption projects such as aerobatics, skydiving, seaplanes and airship cruises.

  Shanghai: the immersive experience of integrating digital consumption is full of science and technology.

  Shanghai deeply integrates digital consumption with the first store economy. The first artificial intelligence immersive experience project in China is open to the public during the holiday. This innovative "AI+ Smart Travel" project combines elements such as AI dialogue, scene interaction and plot experience, and the immersive travel experience is full of science and technology.

  Upgrade the "magnetic attraction" of the international consumption center city.

  Constantly upgrading and rejuvenating the consumer experience, plus the "magnetic attraction" of the international consumer center city. Beijing opened the 2024 International Twin Cities Consumer Festival with high quality, and more than 100 selected brands from Austria and Switzerland appeared in many key business districts in Beijing. Focusing on service consumption and automobile consumption, Shanghai has launched more than 1,000 special activities to add new momentum to the consumer market.

  Harbin: The maintenance and reconstruction project of the West Bridge was successfully completed.

  Recently, after four hours of overall hoisting construction, two left and right steel box beams with a length of 32.94 meters and a weight of 218.4 tons were accurately erected to the design line. At this point, the urban quality improvement guarantee project of Harbin Asian Winter Games — — The maintenance and reconstruction project of Harbin West Bridge completed the most critical beam replacement operation.

  After the project is opened to traffic, it will further enhance the traffic capacity of the main roads in the central city of Harbin and create more convenient travel conditions for the 9th Asian Winter Games in 2025.

  Pipeline laying is completed in the Yangtze River shield crossing project on the East China-Russia line.

  Key Control Project of Sino-Russian East Line Natural Gas Pipeline in Nantong, Jiangsu — — The Yangtze River shield crossing project completed pipeline laying on the 3rd, and the main project was fully completed.

  The Yangtze River Shield Crossing Project is a one-way shield tunneling project for oil and gas pipelines with the longest distance, the deepest buried depth, the largest caliber and the most complicated construction conditions in the world. It is expected to be put into operation before the end of 2024.

  Full Bridge Closure of Huangcao Wujiang Double-track Bridge on Yuxiang High-speed Railway

  On May 3rd, Huangcao Wujiang Double-line Bridge on Chongqing-Qianjiang section of Chongqing-Hunan high-speed railway successfully completed the closure of the whole bridge, marking the completion of the main structure of the bridge.

  The Huangcao Wujiang Double-track Bridge has a total length of 593.65 meters and a design speed of 350 kilometers per hour. After it is completed and opened to traffic, it will realize the one-hour high-speed rail connection between Chongqing’s main metropolitan area and the Wuling mountain town group in southeast Chongqing.

  The box office (including pre-sales) of the "May 1st" new film has exceeded 1 billion yuan.

  According to the data of Lighthouse Professional Edition, on May 1st, the national box office reached 411 million, ranking among the top three on the first day of "May 1st File" in China film history.

  As of 13: 01 on May 3rd, the box office (including pre-sale) of the "May 1st" new film has exceeded 1 billion yuan. The first overseas peacekeeping film "Peacekeeping Riot Squad", the comedy "thelma and louise Money" and the crime film "Fortress Besieged in Kowloon Castle" are temporarily listed in the top three box office (including pre-sale).

  The single-day passenger flow at Hengqin Port exceeded 85,200, reaching a new high.

  During the May Day holiday, Hengqin Port ushered in the peak of passenger flow. On May 2nd, the single-day passenger flow at Hengqin Port exceeded 85,200, a year-on-year increase of 53.8%, setting a historical record for single-day passenger flow.

  From the afternoon of April 30th, the passenger flow in the passenger inspection hall at Hengqin Port began to increase significantly, and there was an endless stream of outbound tour groups to Southeast Asia and tourists to Australia.

  With the official opening of Hengqin Port’s joint "one-stop" passenger and truck passage and the on-board personnel inspection and release hall, it is more and more convenient for Macao single-brand cars to travel between Qin and Macao. According to the data, since the joint "one-stop" passenger and truck passage at Hengqin Port was fully opened, the daily average number of customs clearance vehicles was about 6,000, up by about 9.6% year-on-year.

  Due to the large traffic volume during the May 1 holiday, Hengqin Border Inspection Department reminded inbound and outbound passengers to reserve enough time and travel at the wrong peak.

  During the May 1 holiday, it is more convenient for foreign tourists to implement optimization measures in many places in China.

  During the May Day holiday in 2024, the number of people entering China ports continued to rise, and the number of foreign tourists visiting China during the holiday also increased. Implement payment optimization measures in many places and continuously improve the level of payment facilitation.

  The airport is generally the first stop for foreigners to come to China. It is the first choice for many foreigners to solve the payment problem here. At Shanghai Hongqiao Airport, it took the Serbian guy less than 10 minutes to get a travel pass.

  Bank card is an international payment method. Nowadays, when foreigners come to China, they can not only apply for a bank card quickly and conveniently, but also improve the coverage and efficiency of foreign card acceptance. In 2024, the number of wild card POS machines in Shanghai will increase to 80,000, and foreigners can easily use wild cards for consumption in key business districts.

  Since 2024, the coverage rate of foreign card acceptance of key merchants in key cities across the country has continued to increase. The acceptance coverage rate of overseas bank cards in key areas of Guangzhou is over 90%, and over 80% of key merchants in Jiangsu Province can accept overseas bank cards.

  Not only in cities, but also convenient payment services are extending to the countryside. In Daming Mountain Scenic Area in Lin ‘an, Zhejiang, foreigners can choose a variety of payment methods.

People’s Daily Thought: Criticism and Self-criticism: Concrete and Profound.

  In the practice of the party’s mass line education, all localities are holding special democratic life meetings according to the requirements of the central authorities, and using the sharp weapon of criticism and self-criticism to find out the problems and analyze the root causes. Practice has proved that if criticism and self-criticism really touch on problems and promote their solution, they must go deep into the concrete, and they cannot replace concrete practical problems with general abstract problems.

  When analyzing and solving problems, we often say that one concrete thing is profound. This applies equally to criticism and self-criticism. In carrying out criticism and self-criticism, we should have more clear contents and less vague expressions, and use less general words such as "sometimes", "some", "some", "certain degree", "different degree", "not deep enough", "not scientific enough" and "to be strengthened", and less "some work has not been done in place and to a certain extent" We should have the courage to "ask what comes next" and make clear the specific people, specific things, specific time, specific aspects, specific links and so on. For example, to what extent are "certain degree" and "different degree"? How much did "grow" grow? What are the "jobs"? Who are "some comrades"? What are some things? When is "sometimes"? Only in this way can we really find the crux of the problem and then find a breakthrough to solve the problem and improve the work.

  Concreteness and vagueness, on the surface, is a question of language expression, but in essence, it is a question of attitude and principle towards criticism and self-criticism. To put it bluntly, it is a question of true criticism or false criticism. I don’t want to be specific or dare to be specific in the investigation. I use some ambiguous language to beat around the bush, leaving half behind. "still hiding half her face from us behind her guitar" gives people the impression that the problem exists but it is irrelevant. This is not true criticism, but false criticism and formalism criticism. In the final analysis, it is selfish and the principle of party spirit is not strong. "the bottom of my heart is selfless and the world is wide." Only selflessness can be fearless. Only by being open-minded, aboveboard and upright can we fully open our minds without generalizing, face up to our own shortcomings and dare to point out others’ shortcomings.

  Comrades of the Supreme Leader stressed: We should not be prejudiced against criticism and self-criticism, nor should we be concerned about it. Instead, we should use it boldly and often in the spirit of being highly responsible to ourselves, our comrades, the team and the party, so as to make it more effective and effective. He asked the broad masses of party member cadres to know everything and say everything in their criticism and self-criticism, and to correct what they have and encourage what they have not. Let every cadre in party member be touched ideologically. If you are selfish when criticizing and self-criticizing, leave room, avoid the important issues, dodge, hide, and be vague, just talk about some "shortcomings" that are not advantages, or even talk about the situation by self-criticism, criticize each other and raise hopes, and fail to touch specific issues, be considerate, be a good man, and have a good atmosphere, your thoughts will not be touched as they should be.

  British philosopher Bacon said: It is a blessing and good fortune to be able to hear others tell you the truth, so that you can avoid detours and make fewer mistakes or big mistakes. In carrying out criticism and self-criticism, only when everyone tells the truth, tells the truth, dares to touch the truth, expose shortcomings and highlight ugliness, dares to touch the soul of thought, and dares to expose specific contradictions and problems, can we truly purify ourselves, improve ourselves, innovate ourselves and improve ourselves, and ensure that educational practice activities are not empty, empty, unbiased and do not go through the motions.

  People’s Daily (November 04, 2013, 07 edition)

Ying Songnian: I used to "be a blank" for administrative legislation (rule of law life)

  profile

  Ying Songnian, a native of Ningbo, Zhejiang Province, is now a tenured professor and doctoral supervisor of China University of Political Science and Law, and honorary president of china law society Administrative Law Research Association. Deputies to the Ninth and Tenth National People’s Congress.

  

  In the old campus of China University of Political Science and Law, located at Jimenqiao, Beijing, a small brick building with vicissitudes of life lies quietly next to the new building that has sprung up across the street. After some twists and turns, I followed the directions of passers-by, found the "Building No.3", turned the corner of the stairs on the second floor, and Professor Ying Songnian’s office was directly opposite. He had already arrived.

  In 2009, Ying Songnian became a tenured professor at China University of Political Science and Law. Many articles are talking about his "firsts" in the field of administrative law. However, he himself is more willing to admit that, in fact, "I actually only studied law for one year at East China University of Political Science and Law", and his taking the road of administrative law is more like an adventure in life, or a mistake.

  When I was over, I found my lifelong career.

  In 1936, Ying Songnian was born in Ningbo, Zhejiang. Ningbo, which faces Shanghai across the sea, is one of the main sources of immigrants from Shanghai. Ying Songnian, who graduated from high school in 1956, also came to this city like his fellow countryman and enrolled in East China University of Political Science and Law. But fate played a joke on him the next year. Ying Songnian was labeled as a "rightist" when the anti-rightist movement began that year, and was assigned to Yili, Xinjiang, a few years later, and stayed there for 20 years.

  When the country set things right and prepared to reopen political and legal colleges, Ying Songnian had already passed the age of no doubt. At that time, most of the students assigned to Xinjiang by the law department changed jobs, but there was a shortage of teachers in Northwest University of Political Science and Law. Ying Songnian, who was originally transferred to the Justice Department, was "trapped" in Xi ‘an and became a lecturer at Northwest University of Political Science and Law.

  There are many courses that need to be opened everywhere in the reopened schools. Ying Songnian was appointed to open a course called "Administrative Law", although there was no such legal category in China at that time. "I have a characteristic, as long as I take the task, I will work hard; Since I am engaged in administrative law, I will do it seriously. " Ying Songnian said, in this way, he broke into the unknown field that was only vaguely known at that time.

  Soon the turning point of fate will come. Soon, Ying Songnian heard in Beijing that the Ministry of Justice had organized an editorial department of law textbooks. At that time, Wang Mincan, deputy director of the Department of Laws and Regulations, was responsible for compiling a set of law textbooks, among which there might be a book on administrative law.

  "No.44 Baishiqiao Road, opposite the Central University for Nationalities." Ying Songnian accurately quoted the address of the editorial department at that time. A stranger, Ying Songnian, who was over forty, knocked on the door in that building one by one that summer, until he knocked on the door of Wang Mincan. When he entered, he volunteered to participate in the compilation. Wang Mincan thought for a moment and said, "Come on." Soon, there was a phone call asking him to go to Xiamen for a meeting to talk about his ideas.

  Coincidentally, the Northwest University of Political Science and Law had the richest collection of administrative law books in China at that time. Ying Songnian, who had carefully combed these materials, was amazed when he talked about Kan Kan at the Xiamen meeting. After the meeting, Ying Songnian was left in Beijing by the Ministry of Justice to compile books. Later, this book called "Summary of Administrative Law" was the first administrative law textbook compiled by New China, and it was from this that China’s administrative law started.

  Seize the opportunity to suggest the introduction of litigation law

  China has administrative law, but there is no administrative law. Ying Songnian recalled that in 1986, Tao Xijin, then an adviser to the NPC Law Committee, suggested that the country now had civil law, civil procedure law, criminal law and criminal procedure law, but only administrative law and administrative procedure law, so he set up an administrative legislation research group, which was attended by experts and scholars, NPC Law Committee and personnel from practical departments, to "make a blank" for the NPC’s administrative legislation.

  This administrative legislation research group has recruited many experts in the field of administrative law, and many names familiar to the public today have appeared in this research group.

  Ying Songnian, as the deputy leader, said that at first Tao Xijin hoped that the research group would draft the General Principles of Administrative Law first, but it was impossible to write several drafts. Just when I was at a loss, I met the Civil Procedure Law (Trial) which was about to be revised. It turned out that in this trial civil procedure law in 1982, an opening was left for the administrative case of "people’s accusation" stipulated by law, allowing litigation through civil procedures. Then, when the law is about to be amended, should we seize the opportunity to separate administrative litigation and formulate a law separately?

  Ying Songnian said: "At first, I actually wanted to make the legislative steps in the field of administrative law faster, so I couldn’t wait for the legislation of administrative substantive law, so I began to draft the trial draft of the Administrative Procedure Law in 1987." After that, the research group submitted it to the NPC Law Committee to provide reference for NPC legislation. Two years later, on the basis of soliciting opinions from all walks of life, the Administrative Procedure Law was formally promulgated, which "ended the history of China’s people’s accusation for thousands of years".

  But later, when Ying Songnian had more opportunities to inspect administrative law around the world, it was discovered that it was just a stopgap measure to think that the procedure first followed the entity, but it didn’t exactly fit the universal law of the development and change of the world administrative rule of law.

  "This is a bit of a’ forced’ taste." Ying Songnian explained, "Without the administrative litigation law, no matter how many rights and obligations are stipulated, it will be lost because there is no’ tooth’."

  On the contrary, the promulgation of the Administrative Punishment Law is more characteristic of China. Ying Songnian said, considering that it is unrealistic to legislate administrative law in one step, a split legislative idea was adopted in the drafting of substantive law in that year: the economy is developing too fast, and the departments most in need of market economy should be legislated first, and the legal acts of administrative organs that violate the law and have the greatest impact on citizens’ rights should be regulated quickly. As a result, China has taken a separate legislative path in administrative law, which is different from other countries.

  "Separate legislation, there are both entities and procedures in the law. In this process, the principle of due process, the principle of legal reservation, and the hearing system have all been established. Later administrative legislation, such as the administrative licensing law, will follow this idea." Ying Songnian said.

  Rethinking on Administrative Law

  After talking about this past story, Ying Songnian paused, sipped his tea and continued: "In fact, many original legislative ideas in our country are worth rethinking today."

  Ying Songnian is now rethinking whether the future administrative law should continue the idea of legislating separately in every field. He said that in departmental management laws, administrative procedures are generally stipulated, such as how to make administrative decisions. Although departmental legislation has made progress, it is endless to make it step by step. Often, a single law is not comprehensive, either missing this procedure or missing that rule, so can we establish a unified Administrative Procedure Law? To this end, Ying Songnian has been committed to promoting the formulation of the administrative procedure law.

  In 2007, during the National People’s Congress, Ying Songnian’s delegation shared a hotel with the Hunan delegation. By chance, Ying Songnian chatted with the leaders of Hunan Province at that time about the idea of proposing an administrative procedure law. As a result, they hit it off. Then, Ying Songnian organized an expert group in Beijing, and Hunan also set up a legislative group. Experts provided the first draft, and Hunan revised and improved it according to local conditions. After going back and forth several times, in less than a year, the Hunan Provincial Administrative Procedure Regulations, which was the first in China to legislate administrative procedures separately, was completed.

  Since then, other separate local administrative procedures have been introduced one after another. Ying Songnian’s own feeling is that "both theoretical and practical experience are available, and the conditions for formulating the Administrative Procedure Law are ripe."

  After that, Ying Songnian handed the reporter an oral biography "Walking with France", which he had just collected and published. He pointed to the title on the cover and said with emotion: "I have been walking with France all my life."



  People’s Daily (18th edition, January 20, 2016)

Typhoon Paka is coming.

This year’s 14th typhoon "Paka" was generated at 20: 00 on August 24th on the east side of the Philippines. It is expected that "Paka" will move to the northwest at a speed of about 25km per hour, and its intensity will gradually increase, gradually approaching the coastal area from Zhuhai to Zhanjiang, Guangdong. At present, the impact of Typhoon No.13 "Tiange" has just ended, and Typhoon No.14 "Paka" has struck one after another, and the path is highly consistent, so the situation of flood control and typhoon prevention is grim.

The return flow is gradually increasing, and the eight hidden dangers of high-speed should be paid attention to →

The happy holiday is over half.

Tomorrow is the Mid-Autumn Festival

Influenced by Mid-Autumn Festival reunion

Will usher in some holiday return traffic.

Please ask the majority of drivers

Pay attention to the weather change and plan the trip reasonably.

The 8-day National Day Mid-Autumn Festival holiday has generally shown a trend of "centralized departure and decentralized return", and the first wave of return trips has been started. Pay attention to driving carefully in tunnels, ramps, emergency lanes, sharp bends, steep slopes, and roads facing water and cliffs.

The Mid-Autumn Festival is approaching, and the return flow is gradually increasing.It is expected that there will be a wave of holiday return peaks today.

Drivers should pay attention.

Potential risk hidden points on the highway

Avoid traffic accidents.

01

High-speed convergence point

Enter the entrance of the expressway from the ramp.

Is the first error-prone position

A driver who lacks high-speed experience

Will be based on driving habits in the city

When you get up, go straight to the leftmost fast lane.

Coping method

Quickly increase the speed on the ramp, pay attention to the road conditions in the rear during the acceleration, turn on the turn signal in advance, and merge into the main line without hindering the normal driving of vehicles on the driveway.

02

High-speed measuring point

I usually hear navigation reminding me to measure the speed ahead.

Drivers will immediately be alert to their speed.

Overspeed vehicles will slow down in a short time.

Be prone to rear-end collision.

Coping method

Before passing the speedometer, the driver should pay attention to take the initiative to collect oil, pull away from the vehicle in front, and prevent the vehicle in front from braking suddenly. In addition, overtaking near the speed measuring point should be avoided to prevent accidents.

03

High speed tunnel

When entering and leaving the tunnel

The light will cause the eyes to suddenly turn black or bright.

Even instant blindness.

It poses great hidden dangers to driving safety.

Coping method

When entering the tunnel, you should slow down in advance and turn on the lights. Pay attention to keeping a safe distance between cars in the tunnel, and it is forbidden to turn around illegally in the internal passage. When driving out of the tunnel, you should slow down, speed up and leave after getting used to the outside light, and never blindly accelerate or change lanes immediately.

04

Service area entrance

The entrance to the service area is also one of the accident-prone points.

Be careful of the right lane

Vehicles not entering the service area

Also prevent the left lane.

A vehicle that suddenly changes lanes to the right.

Coping method

If you plan to enter the service area, drivers are advised to merge into the rightmost lane as soon as possible after seeing the distance sign in the service area. Slow down in advance at a distance of 1 km from the service area to ensure that the vehicle can safely and smoothly enter the ramp, then drive according to the ramp speed limit sign, and master the steering wheel according to the ramp curvature.

05

Service area exit

The exit of the service area is similar to the high-speed entrance.

Only the merging ramp is relatively short.

Don’t speed too low and merge into the high-speed main line.

Coping method

When leaving the service area, speed up to be close to the speed of the main line traffic and then merge. If there is a big car ahead, wait until it completely enters the main line before merging to avoid being too close to the car.

06

Expressway exit

Missed the high-speed exit

Don’t brake, reverse or turn around.

Or stop at the diversion line to check the navigation.

Coping method

After the vehicle misses the high-speed exit, it should keep the speed and continue to drive, looking for the next exit. Although it takes a little more distance, it can avoid risks to the maximum extent. Under normal circumstances, there will be an exit every ten kilometers on the expressway, so you can drive off the expressway and re-plan your trip.

07

Expressway toll gate

An accident at a toll station

Most of them are rubbing and rear-end collision.

Coping method

When the vehicle approaches the toll station, it is necessary to drive in strict accordance with the speed limit sign, reduce the speed in time, do not cross the solid line to change lanes after selecting the passage, and keep a safe distance from the vehicle in front, and be alert to the sudden stop of the vehicle in front.

08

Ten kilometers after getting off the expressway.

Because it takes a long time to drive on the highway

Both psychology and vision have formed a habit of speed.

Ten kilometers after getting off the expressway.

It is prone to traffic accidents caused by speeding.

Coping method

Always remind yourself to pay attention to the speedometer after getting off the highway to avoid speeding caused by psychological inertia and prevent danger.

Source: Fujian Traffic Police

(Source: Jiaoguang Pilotage)

Reporting/feedback

Zhu ‘en Gadabaqi entry-exit frontier inspection station took the initiative to protect customs clearance as bad weather.

 The picture shows the police at the border checkpoint conducting inspections in the entry passage to ensure the orderly customs clearance of vehicles.

  CCTV News:On April 17th, Dongwu Banner, Xilin Gol League, Inner Mongolia, was affected by Mongolian cyclone. The maximum wind speed at Zhungadabuqi Port reached 27-32 m/s, accompanied by dust, the visibility in the restricted area of the port decreased, which had a certain impact on customs clearance. The police stationed at the entry-exit frontier inspection station of Zhungadabuqi at the port stick to their posts, provide warm service and do their best to ensure customs clearance.

  The windy and sand-blowing weather lasted from 8 o’clock when the port was opened and closed until it was closed. During this period, the border inspection station quickly launched the customs clearance guarantee plan for bad weather, flexibly adjusted its services, increased the patrol and monitoring police force, and added guides in the vehicle passages to remind vehicles to slow down and clear customs in an orderly manner. Carry out one-stop joint inspection with the customs to shorten the inspection time as much as possible and ensure that passengers and vehicles clear customs at the first time. The patrol and monitoring police force adopts a combination of step patrol and car patrol to conduct all-round safety investigation on the infrastructure in the limited area to prevent personal injury and accidental loss of vehicles caused by falling objects from high altitude. At the same time, the border police timely released 24-hour weather information, port customs clearance dynamics and other information through the big screen, reminding passengers and drivers to plan their trips in advance and pay attention to travel safety. In particular, they reminded passengers and drivers that smoking and using naked flames in the open air are strictly prohibited in windy weather to prevent fires.

  The measures taken by the police at the border inspection station to take the initiative, stick to their posts and provide intimate service in bad weather have ensured the smooth customs clearance at the port and won unanimous praise from inbound and outbound passengers and drivers.

Typical Cases of Procuratorial Organs Strengthening the Network Protection of Minors and Performing Their Comprehensive Duties

  Cctv news: the Supreme People’s Procuratorate issued a typical case of procuratorial organs strengthening the comprehensive performance of minors’ network protection. Details are as follows:

catalogue

  1. The case of Sun Moumou helping information network criminal activities

  — — Punish education and save the "tool man" of online fraud

  Second, the theft of Gao Moumou

  — — Comprehensive performance of duties according to law to prevent minors from indulging in network governance

  Third, Zhu Moumou raped, molested children, and forced obscenity.

  — — Severely crack down on online sexual assault on minors, and actively promote the source of prosecution.

  Four, Sui Moumou obscene, rape, extortion, production, sale, dissemination of obscene articles for profit.

  — — Combination of dredging and blocking, paying equal attention to punishment and governance

  V. Feng’s privacy protection case

  — — Support minors’ rights protection according to law

  6. The case of Xiao Moumou and Deng Moumou infringing citizens’ personal information.

  — — Take multiple measures to protect the personal information security of minors.

  Case 1

  Sun Moumou helped information network criminal activities.

  — — Punish education and save the "tool man" of online fraud

  [Keywords:]

  The crime of helping information network criminal activities is conditional on not prosecuting family education and guiding foreign education

  [Basic case]

  On December 26, 2021, Sun saw a message on a chat website that renting a bank card could make money, so he contacted his classmate Zhan (an adult, dealt with separately), used Zhan’s ID card to handle four bank cards, and rented the bank cards to others for payment and settlement of information network crimes. After investigation, the one-way capital inflow of the bank card involved was RMB 1.08 million, of which RMB 98,000 was involved in fraud. In view of the fact that Sun Moumou truthfully confessed his crime after he arrived at the case, he was a minor at the time of committing the crime, showed remorse, pleaded guilty and pleaded guilty, and may be sentenced to a penalty of not more than one year in prison. The procuratorate made a conditional decision not to prosecute him according to law. After the expiration of the ten-month test, Sun Moumou was made a decision not to prosecute according to law.

  [Performance of Procuratorial Organs]

  (a) actively carry out family education and guidance, and urge guardians to earnestly perform their guardianship duties.In view of Sun’s lack of family guardianship, which led to his unrestrained use of mobile phone network until he embarked on the road of illegal crime, the People’s Procuratorate of Da ‘an City, Jilin Province issued a "supervision guardianship order" to Sun’s father (Sun’s parents divorced and lived with his father), and jointly carried out family education guidance with the Public Security Bureau, the Communist Youth League Committee, the Municipal Women’s Federation and the Legal Aid Center. At the same time, the procuratorial organs hired professional judicial social workers to help formulate family custody plans from several aspects, such as limiting the use time of mobile phones, strengthening parent-child communication, providing diversified activities and learning opportunities, and paying regular visits to the implementation of the plans to help Sun develop a reasonable and safe lifestyle of using mobile phone networks.

  (two) inter provincial cooperation, targeted to carry out inspection and help.According to the application of Sun Moumou and his family, the procuratorial organ entrusted the procuratorial organ of Sun Moumou’s household registration to carry out off-site inspection and assistance. The procuratorial organs of the two places jointly studied and formulated targeted assistance and education programs to help Sun Moumou focus on improving legal awareness and ability to distinguish right from wrong, establishing a correct view of money and consumption, and improving employment knowledge and skills; Establish a strict inspection and supervision mechanism, combine regular return visits with irregular spot checks, and fully grasp Sun Moumou’s thoughts and living conditions during his inspection; Innovative communication and coordination methods, through the remote video conference system to achieve the tripartite meeting between the procuratorial organs of the two places and Sun Moumou, to ensure the smooth development of the assistance and education work.

  (three) adhere to the source of governance, and actively carry out the "anti-fraud into the campus" activities.Combined with the problems reflected in this case, the procuratorate went into the campus to systematically explain the basic characteristics and legal responsibilities of common cyber crimes, to help minors raise their awareness of vigilance and avoid being involved in cyber crimes because of ignorance and carelessness. At the same time, actively set up an "online cloud classroom" with the education department, strengthen the case interpretation method, and help minors and their guardians raise their awareness of network security.

  [Typical meaning]

  Some information network criminal gangs use the characteristics of immature minds and weak legal awareness of minors to make minors "tools" for information network fraud activities. In handling such cases, the procuratorial organs should adhere to the principle of being most beneficial to minors, conscientiously implement the criminal policy of combining leniency with severity, strictly grasp the prosecution standards for first-time offenders and occasional offenders, especially minors who only sell a small amount of personal bank cards and the amount of illegal gains is not large and plead guilty and punish, fully implement the special system for minors, reserve channels for them to return to society, and take comprehensive judicial protection measures such as family education and guidance to help them get lost. At the same time, adhere to the source of the complaint, actively promote the "anti-fraud into the campus" activities, carry out in-depth publicity and education on the rule of law, enhance the awareness of minors on the rule of law, and avoid being involved in cyber crimes because of ignorance and carelessness.

  travel to watch industry

  Gao moumou’s theft

  — — Comprehensive performance of duties according to law to prevent minors from indulging in network governance

  [Keywords:]

  Procuratorial suggestions on preventing minors from indulging in network social governance by not prosecuting and accurately helping and educating.

  [Basic case]

  From May to June, 2022, Gao Moumou repeatedly used the method of stealing other people’s mobile phones to transfer money, stealing more than 10,000 yuan from other people’s Alipay and bank card accounts for online game account recharge and equipment purchase. On June 28, 2022, the public security organ transferred Gao for examination and prosecution on suspicion of theft. In view of the fact that Gao was a minor when he committed the crime, he had surrendered himself, pleaded guilty to punishment, actively repaid the losses and obtained the victim’s understanding, and so on, the procuratorial organ made a relative decision not to prosecute him according to law.

  [Performance of Procuratorial Organs]

  (1) Dig deep into the root causes of crimes and accurately carry out corrective education.Through social investigation, the People’s Procuratorate of Pudong New Area in Shanghai found that Gao Moumou downloaded a game training App through a mobile phone application market to practice games for adult customers and get paid. He played games for more than ten hours every day, which led to crimes due to indulging in online games. After making a decision not to prosecute Gao Moumou, the procuratorial organ, in accordance with the relevant provisions of the Law of People’s Republic of China (PRC) on the Prevention of Juvenile Delinquency, joined forces with public security organs and social workers to focus on preventing Internet addiction and correcting behavioral deviation, and carried out corrective education on him with the help of digital supervision platform. At the same time, in view of the situation that Gao’s father died, his mother remarried and was raised by his grandfather, the family education guidance station was entrusted to provide family education support to help Gao quit Internet dependence.

  (2) Making procuratorial suggestions to help enterprises develop healthily.The investigation by the procuratorate found that the company that developed and operated the mobile phone Application market had not been strictly audited, and paid promotion, publicity and distribution for the game training app, which lured and encouraged users, including minors, to conduct online game training transactions, which aggravated the risk of minors indulging in the network. In view of the problem that the measures to prevent minors from indulging in the Internet exposed in the case were not implemented in place, the procuratorate issued procuratorial suggestions to the company and made a public announcement, suggesting that it conduct a comprehensive review of all the apps on the shelves, establish a regular inspection system, unblock the channels for accepting complaints, and improve the working mechanism for the protection of minors. The company fully accepted the procuratorial suggestions, took the initiative to remove more than 10 problematic software and games, and set up a "Working Group for the Protection of Minors" within the company, and established working mechanisms such as quarterly self-inspection and handling of complaints involving minors.

  (3) Multi-party cooperation and joint management, and systematic promotion of network addiction governance.In order to further expand the governance effect, the procuratorial organ invited the competent departments, experts and scholars, such as the Network Information Office, to discuss with the company and related Internet enterprises within its jurisdiction how to prevent minors from indulging in the Internet through the network resource download platform, so as to help enterprises enhance their awareness of operating according to law and improve the anti-addiction technical measures. Procuratorial organs also exchanged views with online game industry associations on the implementation of anti-addiction measures in the process of online game publicity and promotion, and urged the associations to issue initiatives to member units, advocate the classification of online game products, and make age-appropriate tips. In addition, the procuratorial organs carried out the rule of law classroom for minors’ network protection, and promoted the classroom to settle in the Alipay space station, and jointly developed the "AR Wonderful Adventure GO" youth network security digital experience activity to promote the long-term long-term prevention of minors from indulging in network governance.

  [Typical meaning]

  With the extensive use of the Internet, the phenomenon of minors indulging in the Internet has become increasingly prominent, which has become an important incentive for minors to commit crimes. When handling juvenile cases involving cyber crimes, procuratorial organs should pay close attention to the correction of juvenile addiction to the internet, and provide accurate assistance and education through digital empowerment, family education and guidance. At the same time, conduct a comprehensive investigation on the performance of relevant network products and service providers to prevent minors from indulging in the Internet. In view of the failure of the network resource download platform to fulfill the content review obligation, promote the software that destroys the minors’ anti-addiction system, and urge enterprises to strengthen the implementation of minors’ network protection responsibilities with procuratorial suggestions. Procuratorial organs can also promote the comprehensive efforts of the government, enterprises and society by holding symposiums, visiting industry associations and strengthening the publicity of the rule of law, so as to further promote the "systematic project" of preventing minors from internet addiction.

  Case 3

  Zhu Moumou raped and molested children,

  Compulsory indecency case

  — — Severely crack down on online sexual assault on minors, and actively promote the source of prosecution.

  [Keywords:]

  Long-term mechanism of severe punishment for cyber sexual assault and psychological assistance

  [Basic case]

  From 2019 to 2020, Zhu used online social software to trick and coerce eight minors, including Yang, to take photos of nude, sensitive parts and indecent videos and send them to watch; And threatened to spread nude photos and indecent videos, forcing Yang to meet offline and have sex. It was also found that in early 2019, Zhu Moumou threatened indecent videos and forced sexual relations with an adult woman, Qin Moumou. After the procuratorate prosecuted the case, the court sentenced Zhu to 15 years and six months in prison and deprived of political rights for one year for rape, child molestation and compulsory molestation.

  [Performance of Procuratorial Organs]

  (1) Dig deep and investigate, and comprehensively find out the facts of the crime.After the case was submitted for examination and arrest, the People’s Procuratorate of Pinggu District, Beijing found that in addition to the four victims identified by the public security organs, Zhu had the possibility of using the Internet to infringe on other victims, so he suggested that the public security organs continue to investigate and increase the number of victims to seven by the end of the investigation. In the stage of review and prosecution, the procuratorial organ conducted its own investigation, and entrusted the appraisal institution to recover and extract the deleted data information of social software in Zhu’s mobile phone in time. By combing and reviewing the electronic data, the criminal facts of Zhu’s molestation of two other minors were added.

  (two) pay attention to the physical and mental health of juvenile victims, and guide the establishment of good habits of using the Internet.While cracking down on crimes, procuratorial organs pay attention to psychological rehabilitation of minor victims, entrust professional forces to carry out psychological evaluation and psychotherapy, and help victims return to normal study and life as soon as possible. Through telephone communication, family visits, school inspection cooperation and other means, we will continue to follow up and visit the victims to help them establish good habits of using the Internet. Relying on the working mechanism of "Vice President of Rule of Law", online and offline cyber security education and sexual assault prevention education are carried out to guide minors to use the network correctly, raise awareness of cyber security, and block the "black hand" of the network that reaches minors.

  (3) Summarize the laws of cyber sexual assault cases and build a long-term prevention mechanism.In order to reduce the occurrence of sexual assault cases, the procuratorial organs comprehensively combed and analyzed the local cases of online sexual assault on minors in the past three years, and found that in such cases, the victims were seriously deficient in self-protection awareness on the Internet, easily trusting others, and were afraid to report to the police for fear of being retaliated by criminals. To this end, the procuratorate held a special discussion with the network information and network security departments on the protection of minors’ networks, strengthened the transfer of clues about minors’ network infringement, and urged the two departments to strengthen the supervision and management of network platforms. In view of the problem that the network protection responsibility of minors in a social software involved in the case has not been implemented, the procuratorial organs conducted investigations in the whole city, and found that the administrative authorities were not in place, urging the administrative authorities to talk about the social software operating company and urging the strict implementation of the main responsibility of minors’ network protection.

  [Typical meaning]

  With the rapid development of the Internet, the trend of minors "touching the net" is becoming more and more obvious, and the crime of sexual assault on minors has emerged as a new form of online and offline interweaving. When handling cases of online sexual assault on minors, procuratorial organs should accurately grasp the characteristics of online sexual assault, dig deep into crimes according to law, prosecute crimes, and severely crack down with a "zero tolerance" attitude. At the same time, strengthen the protection of juvenile victims and carry out psychological assistance to help minors return to normal life as soon as possible. Pay attention to comprehensive performance of duties, co-ordinate punishment and governance, promote the cooperation of minors’ protection subjects such as schools, society and government, integrate online and offline governance, and escort the healthy growth of minors in the network era.

  Case 4

  Sui Moumou molested, raped, blackmailed,

  Case of making, selling and spreading obscene articles for profit

  — — Combination of dredging and blocking, paying equal attention to punishment and governance

  [Keywords:]

  Special treatment of network sexual assault, unblocking clue channels and blocking communication chain

  [Basic case]

  In January 2022, Sui Moumou used online social software to send obscene videos to Liu Moumou, a minor victim, and threatened and induced Liu to take nude photos and videos for him to watch. Later, he threatened Liu to have sex and asked Liu for money. At the same time, Sui Moumou sold the above nude photos and videos through the Internet. After the procuratorate prosecuted the case, the court sentenced Sui Moumou to 10 years’ imprisonment and fined RMB 3,000 for the crimes of child molestation, rape, extortion, making, selling and spreading obscene articles for profit.

  [Performance of Procuratorial Organs]

  (a) the implementation of mandatory reporting, smooth channels of clues.In order to effectively solve the problem of finding clues to cases against minors, the People’s Procuratorate of Laoshan District, Qingdao City, Shandong Province urged the public security organs to set up 110 "police hotline for compulsory reporting of minors" to help realize rapid detection of cases and protect and rescue juvenile victims. After the teacher of the minor victim Liu Moumou reported the police through the compulsory police hotline, the public security and procuratorial organs responded quickly, achieving the dual goals of cracking down on crimes and helping minor victims in time.

  (2) Blocking the transmission chain to avoid the second injury of the victim.The procuratorate urged the public security organs to fix the evidence and then delete the indecent videos cached by Sui Moumou and uploaded to social accounts, cloud disks and other places, and "online+offline" blocked the communication chain. Joint public security organs, schools involved and parents carry out graded intervention and legal education for students who buy obscene videos and watch them, and issue a "supervision and guardianship order" to urge parents to perform their guardianship duties according to law. At the same time, psychological counselors are entrusted to regularly conduct psychological counseling for victims and their guardians to help them get out of the trauma.

  (3) Actively promote the special governance of cyberspace and promote the comprehensive protection of minors.Procuratorial organs guide students to use the network correctly and avoid illegal infringement through activities such as entering the campus by the rule of law, holding special lectures and answering questions about network security knowledge. Promote the education administrative department to establish a network supervision and reporting mechanism, and report illegal and bad network information to the public security organs in a timely manner. Nine illegal and bad network information problems have been found and reported, effectively reducing the occurrence of network infringement.

  [Typical meaning]

  Based on the protection of individual cases, the procuratorial organs insist on "handling a case and protecting a group of children", stop the spread of indecent videos in time, and help juvenile victims to resume their normal study and life in time. Attach importance to the responsibility of procuratorial organs in promoting social governance, take "protecting a child and preventing a field" as the goal, and urge other protection forces to jointly carry out special governance of cyberspace, create a healthier and safer network environment for minors, and enhance the comprehensive protection effect of minors.

  Case 5

  Feng’s privacy protection case

  — — Support minors’ rights protection according to law

  [Keywords:]

  Internet privacy infringement supports the prosecution of the prohibition of infringement of personality rights

  [Basic case]

  From October to November, 2020, Zou Mou, a minor, secretly photographed the private video of his classmate Feng, and then sent it to others, so Feng was mentally troubled. Classmate Xiang asked Zou for the video and verbally harassed Feng through online chat software. The video and related remarks spread to Feng’s school, which seriously affected Feng’s study and life.

  [Performance of Procuratorial Organs]

  (a) to support the lawsuit of infringement in accordance with the law and fully guarantee the exercise of the right of action.Feng and his guardian applied to the People’s Procuratorate of Shangcheng District, Hangzhou City, Zhejiang Province to support the prosecution and safeguard their privacy. The procuratorate conducted an investigation on the content of private videos and the spread of the Internet, and guided female legal aid lawyers to collect evidence of the damage results and confirm Feng’s mental damage. At the same time, entrust a psychologist to stabilize Feng’s mood and prevent secondary injury. After investigation, the procuratorate supported the prosecution according to law and assisted in providing key evidence. The court supported all the claims and sentenced Zou to immediately stop the infringement, apologize in writing and compensate for mental damages.

  (two) to support the application for the prohibition of infringement of personality rights in accordance with the law, and actively take effective remedies.Feng reported to the procuratorate that Xiangmou had harassed him online with private videos, fearing that his physical and mental health would continue to be damaged if he did not stop it in time, and applied to the procuratorate for support in applying for an injunction against Xiangmou’s infringement of personality rights. The procuratorial organ supports the application according to law. The court ruled that Xiang was forbidden to store, control and disseminate the video involved in any form, and it was forbidden to use the video involved to carry out all acts of harassment and threats. After the referee, the procuratorate took the initiative to follow up the supervision and urged Zou Mou, Xiang Mou and the guardian to fulfill their responsibilities in place. Feng accepted a written apology, mental compensation and was protected by an injunction to resume his normal study and life.

  (3) Multi-party efforts should be made to protect healthy growth and enhance the effectiveness of governance.In order to help Feng restore his normal study and life and educate the infringing students, on the one hand, the procuratorial organs introduced professional medical forces to carry out psychological intervention and treatment on Feng until his spirit recovered and he returned to school. On the other hand, we should implement family protection, interview the guardians of infringing students and issue a "supervision and guardianship order" to urge guardians to fulfill their family guardianship responsibilities according to law. At the same time, I visited the school where the parties are located many times and made procuratorial suggestions to help the school establish a bullying prevention and control system. The school educated the students who committed school bullying and privacy infringement according to the regulations, and minimized the adverse effects of the incident on Feng by controlling communication and protecting privacy. Procuratorial organs have also jointly issued opinions on comprehensive protection work with education and civil affairs departments, and built a multi-party joint protection platform to jointly improve the effectiveness of protecting minors’ rights and interests.

  [Typical meaning]

  Internet communication of minors’ privacy has the advantages of rapid spread, wide influence and great mental damage, which seriously infringes on minors’ personality rights and interests. Procuratorial organs make full use of the function of supporting prosecution, and actively promote network protection by judicature. They not only support minors to file complaints of privacy infringement to safeguard their own rights and interests, but also support them to file applications for prohibition of infringement of personality rights, and follow up the supervision and implementation to help minors safeguard their legitimate rights and interests according to law. At the same time, strengthen the governance of the source of complaints, pay attention to collaborative governance, issue a "supervision and guardianship order" to urge parents to implement their family protection responsibilities, and issue procuratorial suggestions to promote the school to improve the work system of bullying prevention and control, and comprehensively improve the effectiveness of protecting minors’ rights and interests.

  Case 6

  Xiao Moumou, Deng Moumou

  Case of infringing citizens’ personal information

  — — Take multiple measures to protect the personal information security of minors.

  [Keywords:]

  Integration of Personal Information Rights and Interests of Minors; Network Public Welfare Protection for Minors

  [Basic case]

  From April to October, 2020, Xiao Moumou and Deng Moumou used the source code of the card-issuing platform to establish an online trading platform, which was open to the public for users to illegally trade personal information such as citizen ID number and Alipay account. Xiao Moumou also provides services such as fund settlement on the platform, and charges service fees according to the transaction amount. The total transaction amount exceeds RMB470,000. Up to the time of the incident, there were more than 200 sellers registered on the platform, and more than 950,000 pieces of personal information of minors were illegally bought and sold. The minors whose personal information was infringed were distributed in Zhejiang, Tianjin, Hebei and other parts of the country, seriously damaging the legitimate rights and interests of minors. In February 2021, the procuratorate prosecuted Xiao and Deng for allegedly infringing citizens’ personal information. The court sentenced Xiao to four years and three months in prison and Deng to four years in prison and a fine. In October 2021, the procuratorate filed a civil public interest lawsuit with the court. The court ordered the defendants Xiao Moumou and Deng Moumou to jointly pay damages of RMB300,000, and published an apology statement to the public in the national media.

  [Procuratorial organ’s performance process]

  (1) handling cases in an integrated and coordinated manner, and severely punishing criminal offences that use Internet information technologies and platforms to infringe on minors.The People’s Procuratorate of Gongshu District, Hangzhou, Zhejiang Province actively promotes integrated collaborative case handling, and relies on digital case handling means to conduct an inquest on the computers, mobile phones, hard disks and USB flash drives involved, compare and eliminate millions of personal information, and finally accurately determine the number of personal information of citizens sold and purchased. Through the re-inspection of the background data, the selling price of each piece of information is obtained, and the total sales amount and illegal income involved are finally determined. At the same time, 1 upstream criminal was prosecuted and 3 accomplices were placed on file for supervision.

  (two) timely public interest litigation in accordance with the law, effectively safeguard the legitimate rights and interests of minors.Procuratorial organs found clues about civil public interest litigation involving minors in handling criminal cases, and believed that Xiao and Deng bought nearly one million pieces of minor identity information from others without the consent of minors and their guardians, and organized and operated the platform involved by themselves to sell and allow others to sell minor identity information, which was an infringement of illegal collection and sale of personal information. Due to the large number of infringed persons, which are distributed in many parts of the country, it constitutes an infringement on the public interests of minors in the field of public information security. The procuratorial organ filed a civil public interest lawsuit against Xiao Moumou and Deng Moumou according to law.

  (3) Establish a collaborative linkage mechanism to form a joint force for the protection of minors’ personal information networks.In view of the loopholes in the supervision of websites and registered companies used for illegal crimes found in the case, as well as the problems of illegal websites that may infringe on the personal information safety of minors in the jurisdiction, the procuratorial organs extended their duties in combination with handling cases, strengthened consultation with the network information department and public security organs, established a cooperative mechanism to crack down on illegal websites, promoted the solution of the blind spot of network protection supervision, realized the long-term protection mechanism of joint notification, data sharing, case supervision, execution connection and social governance, improved network supervision, and jointly created a good environment for network protection of minors.

  [Typical meaning]

  Personal information of minors is protected by law. The crime of infringing citizens’ personal information has the characteristics of low cost and high benefit, and the procuratorial organ should severely punish the crime of selling minors’ personal information through the Internet according to law. In the process of handling criminal cases involving minors, we should strengthen the performance of the "four major prosecutors" that have not been inspected, and pay attention to protecting the legitimate rights and interests of minors in the field of public information security through functional means such as public interest litigation. Procuratorial organs should perform their legal supervision duties according to law, promote social governance by handling cases, strengthen cooperation with online information and public security organs, establish a long-term mechanism for the protection of minors’ personal information networks, and form a joint force for the protection of minors’ networks.

Can I ask for payment if the equity transfer payment exceeds the time limit?

Say "Dian" by case

A middle school in Kunming once invested with a factory in Qujing to build a production line. In 2005, the school transferred the invested equity to a factory at a fixed price. In 2021, the school found that the other party failed to pay the equity transfer fee as agreed, so it filed a lawsuit with the Zhanyi District People’s Court of Qujing City.

Then, 16 years have passed, and now can you win by asking the other party to pay the equity transfer money?

The key depends on whether the other party advocates the defense of the statute of limitations.

Details of the case

Zhang, an industrial company in Qujing, a middle school in Kunming, a chemical plant in Yunnan and a management office in Qujing signed a joint operation agreement, stipulating that the five parties would invest in building a production line with a total investment of 1.05 million yuan. After the agreement was signed, a middle school in Kunming invested 280,000 yuan.

In April 2005, a factory in Qujing (Party A) and the school (Party B) re-signed the share transfer agreement, stipulating that Party B would lose 40% of its shares on the basis of the investment of 280,000 yuan, and then deduct 50,000 yuan paid by Party A to the school, and transfer 118,000 yuan as shares to Party A.. Both parties agreed to pay 68,000 yuan before December 31, 2005 and 50,000 yuan before December 31, 2006.

A factory argued that the school sued a factory in Huashan, Qujing to pay the share transfer fee of 118,000 yuan, which exceeded the limitation of action, and rejected all the claims of the respondent according to law.

Court judgment

After hearing the case, Zhanyi Court held that the share transfer agreement of a factory actually happened in 2005, and the contract law should be applied to this case. The key to this case is whether the share transfer agreement signed by both parties exceeds the limitation of action.

With regard to the limitation of action, the general principles of the Civil Law stipulate that the limitation of action for requesting protection of civil rights from the people’s court is two years, unless otherwise stipulated by law.

The share transfer agreement signed by a middle school in Kunming and a factory in Huashan, Qujing is legal and valid. According to the payment time agreed by both parties in the agreement, the last payment of a factory should be paid before December 31, 2006, and the statute of limitations starts from January 1, 2007, and the statute of limitations is 2 years.

During the trial, the school did not show the factual basis for claiming the right to payment from January 1, 2007 to December 31, 2008, and there was no suspension or interruption during the two-year period from January 1, 2007 to December 31, 2008. Therefore, the school’s request for a factory to pay the equity transfer payment has exceeded the limitation of action, and the defense of a factory’s limitation of action has factual and legal basis, which can form an effective defense against the school’s application.

Therefore, the claim that the school requests a factory to pay the equity transfer fee cannot be established.

The limitation of action is the period during which the parties request the people’s court to protect their civil rights, which is divided into ordinary limitation of action and the longest period of rights protection. The Civil Code stipulates that the ordinary limitation of action is three years and the longest limitation of action is twenty years. If the parties agree to perform the same debt by stages, the limitation period of action shall be counted from the date when the last performance period expires.

For ordinary creditor’s rights, if one party claims the right beyond the limitation of action and the other party does not claim the defense beyond the limitation of action, then the party claiming the right will not lose the right to win the lawsuit because of the limitation of action. If the other party claims that the limitation of action is exceeded, and the party claiming rights does not suspend or interrupt the limitation of action, the claim will be rejected because the limitation of action is exceeded.

It should be noted that the period, calculation method and reasons for suspension and interruption of the limitation of action are stipulated by law, and the agreement of the parties is invalid. The parties’ prior waiver of the interests of limitation of action is invalid.

Related laws and regulations

Civil Code of People’s Republic of China (PRC)

Article 188 The limitation of action for requesting protection of civil rights from a people’s court shall be three years. Where there are other provisions in the law, such provisions shall prevail.

The limitation period of action shall be counted from the day when the obligee knows or should know that the right has been damaged and the obligor. Where there are other provisions in the law, such provisions shall prevail. However, if more than 20 years have passed since the right was damaged, the people’s court will not protect it. Under special circumstances, the people’s court may decide to extend it according to the application of the obligee.

Article 189 Where the parties agree to perform the same debt by installments, the limitation period of action shall be counted from the date when the last installment expires.

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