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　　Investigation motive

　　In order to protect consumers’ rights and interests, the China Insurance Regulatory Commission previously issued the Interim Measures for the Retrospective Management of Insurance Sales Behavior, which was formally implemented on November 1, requiring insurance companies to implement the "double recording" system in key business areas, that is, by recording and videotaping the scene of the insurance sales process, it is convenient for the regulatory authorities to check and check at any time, and conduct retrospective management in case of disputes, thus protecting consumers’ legitimate rights and interests.

　　The new insurance sales regulations, especially the regulations on "double recording", have been implemented for some time. How are these regulations implemented? The "Legal Daily" reporter investigated this.

　　□ Our reporter Du Xiao

　　□ Intern of this newspaper Ding Qiqi

　　Recently, the China Insurance Regulatory Commission released the complaint data of insurance consumption in the first three quarters of 2017. In the first three quarters, the CIRC and the insurance regulatory bureaus received a total of 72,279 complaints about insurance consumption involving insurance companies. According to reports, among the complaints involving personal insurance companies, there are 17,160 sales disputes, accounting for 49.56% of the total complaints of personal insurance companies. The types of insurance involved in sales disputes focus on dividend insurance and ordinary life insurance, which mainly reflect problems such as promising high returns, exaggerating insurance liability, concealing insurance period, payment period and surrender loss.

　　In view of the frequent occurrence of insurance sales disputes, the Interim Measures for the Retrospective Management of Insurance Sales Behavior issued by the China Insurance Regulatory Commission was formally implemented on November 1, which stipulated that the insurance sales process should be recorded and videotaped on the spot. This provision is considered to effectively protect consumers’ rights and interests. However, the reporter found in the interview that the causes of some problems existing in the insurance sales process are more complicated, and it remains to be seen whether the "double recording" regulation can be implemented.

　　"Double recording" is conducive to improving credit.

　　For a long time, sales deception and misleading behavior are the pain points of the insurance industry.

　　Cao Wei, a salesman of an insurance company, admitted that misleading consumption did exist in the sales process.

　　"There are many misleading consumer behaviors, which cannot be avoided. For example, exaggerating the insurance coverage will make customers feel that they can pay for everything, but it is actually just an accident insurance. In addition, there are functions of misleading consumer accounts, exaggerating interest rates, and saying premiums as principal. " Cao Wei said.

　　Wei Hong, who lives in Shuangyushu Dongli, Haidian District, Beijing, once bought insurance. She told reporters, "When salesmen sell products to us, they often emphasize how high the income is, and rarely remind us of the risks in the policy, nor tell us the right to hesitate. Sometimes, the salesman will also say that a product with high cost performance will raise the price or stop selling, so as to induce us to buy as soon as possible. "

　　In addition to Wei Hong, many citizens also expressed concern about being misled when buying insurance.

　　Yang Bin, who lives in Weigong Village, Haidian District, Beijing, said, "I am very concerned about the issue of compensation. Those contract terms are so professional that I can’t understand them and I am afraid of being fooled by salesmen, so I trust acquaintances to buy insurance."

　　In addition, Yang Bin usually looks for old employees of insurance companies to buy insurance, "because once there is a problem, you can ask them. If you are a new employee, you may not find anyone in a few months".

　　However, Yang Bin felt that after the implementation of audio and video recording in the sales process, there was no need to worry about these problems. "With audio and video recording, salespeople will naturally introduce products more cautiously and accurately, which can, to a certain extent, avoid exaggerating publicity and blind commitment in order to promote orders, so that we can feel more at ease when buying insurance."

　　After investigation, the reporter learned that many citizens can accept and support the "double recording" work of insurance companies, because many people have mentioned that "the biggest fear is that what the salesman promised is different from what was written in the final contract. ‘ Double recording ’ After the dispute, there will be evidence. "

　　Cao Wei told reporters that the new insurance sales regulations are also a good thing for insurance companies.

　　"Because ‘ Double recording ’ The process includes the insured, and also strengthens the obligations of the insured. The insured must make truthful risk information, such as personal medical history and family medical history. If consumers have moral hazard in the future, insurance companies also have first-hand evidence. " Cao Wei said.

　　In addition, Cao Wei believes that in the long run, the work of "double recording" will help strengthen the credit of the insurance industry and do a good job in protecting consumers’ rights and interests. As word of mouth goes up, product sales will naturally increase.

　　There are many difficulties in the implementation process

　　Although "double recording" is beneficial to all parties, there are still some difficulties in truly implementing it.

　　"There is no problem with the interim measures promulgated by the CIRC, and now every insurance company is implementing them ‘ Double recording ’ The China Insurance Regulatory Commission has also been strengthening supervision. " Cao Wei told reporters that the problem is that there are difficulties in the specific implementation of "double recording".

　　"Now it is not required for all sales activities ‘ Double recording ’ Only when the life insurance applicant who has been in business for more than one year is over 60 years old, has invested in linked insurance or sold life insurance products as a part-time agent for more than one year ’ Double recording ’ . Customers have a little knowledge of these products, so they are skeptical. ‘ Double recording ’ It may make a large number of customers give up buying. " Cao Wei said frankly.

　　"I think that just because of the trouble, we can lose one-third of our customers." Cao Wei told reporters that those who agreed to "double recording" were "absolutely high quality" customers.

　　In addition to Cao Wei, Zhang Xuhua, a salesman of another insurance company, told reporters, "At present ‘ Double recording ’ The system is still not very easy to use, and it is easy to record and not save successfully, so you need to start all over again. "

　　Zhang Xuhua said, "Our company is not going to make a list of people over 60, because we have to lose money if it is not good. We had one in the early stage, and we recorded it three times, so we had to bring gifts every time we went, and the commission was not much. "

　　Cao Wei believes that it is also one of the difficulties that the "double recording" system has no standardized operation flow at present.

　　“‘ Double recording ’ What preparations should be made before? ‘ Double recording ’ When should I say which sentence in the process? What are the different words for different types of insurance? The provisions issued are very general and it is difficult to implement them. A qualified ‘ Double recording ’ Clear standards, so that salesmen can operate according to this standard. " Cao Wei said.

　　Random recruitment leads to constant problems.

　　Cao Wei and Zhang Xuhua both said that "double recording" is only a link to control misleading insurance sales, and it is not a permanent solution. It is also necessary to pay attention to improving the quality of marketers.

　　"In this county where I am responsible, about half of the salesmen have not even graduated from high school." Cao Wei said, "I’m not saying that graduating from high school is like anything, but it can represent a person’s cognitive level and acceptance to a great extent. They can’t even fill out the insurance policy, and they can’t fill it out correctly many times."

　　"In fact, the root of the problem is not them. This is a common problem in the insurance industry, and it is actually a common problem in sales." Cao Wei explained.

　　"Now the insurance industry is taking ‘ Make great strides ’ The practice, when recruiting people, doesn’t care about how high you are, but what matters is how many customers you can bring to the company. " Cao Wei told reporters, "In the insurance industry, like banks, employees have indicators and tasks. Only when the indicators are completed can they have basic wages. Salesmen rely on business and commission to eat. He has to find ways to sell products."

　　This situation is not a case. Zhang Xuhua also talked about this issue. "It is normal not to get the basic salary. When newcomers first join the company, they will first insure their acquaintances. It is generally not a problem to get a basic salary when they can bill. After a few months, acquaintances will basically have no customers. Many people can’t even get a basic salary. If they can’t earn money, they will naturally continue. " Zhang Xuhua said.

　　Zhang Xuhua told reporters that developing customers is a very difficult and technical job. Most people don’t have this skill and it is difficult to learn.

　　"Now every company has a set of employee management measures, which is a very important management part of insurance companies. Our company’s management method focuses on increasing the number of employees and establishing a hierarchical system. " Cao Wei said, "The more employees there are, the more customers there will be. Just like drawing a circle, the bigger the circle, the wider the radiation range."

　　Cao Wei also said that in his personal insurance department, there are mainly four levels of employees — — Director, general manager, director and salesman. "The highest rank is the spire of the pyramid, which can be rewarded by the company according to the performance of all subordinates. The manager of a mature team can earn at least 600,000 yuan a year, and the director is about 100,000 yuan. "

　　(At the request of the respondents, the insurance marketers in this article are all pseudonyms.)

　　Cartography/Li Xiaojun　　

Jia Xiuquan and Shoupeng Wang are in training.

At 00:00 on June 26th, Beijing time, the China women’s football team will play against the Italian team in the quarter-finals of the World Cup. Although the two teams have played against each other seven times before, this is the first time they have met in the World Cup.

In the record of the match between China and Italy, China women’s football team was slightly inferior with 2 wins, 2 draws and 3 losses. The last match between the two teams dates back to 2015, when the two sides drew 1-1.

China made it to the quarter-finals in the previous six World Cups. Jia Xiuquan, the head coach, said at the pre-match press conference that he believed the players were ready for this and wanted to win the recognition of the world football.

Hard work is the key to women’s football in China.

Jia Xiuquan: The women’s football team in China needs to make 200% efforts.

At this World Cup, the "sonorous rose" is really moving. They had 1 win, 1 draw and 1 loss in the previous three group matches, and their tenacious defense made the team lose only one goal, and finally advanced to the top 16 as the third team with better results.

For the knockout, Jia Xiuquan believes that the football match needs a balance between attack and defense. "Blindly defending and attacking may have gains and losses in a game. The highest level of football match is to strive for a balance between attack and defense. Excessive defense and attack are unfavorable to the team’s development."

Talking about the psychological adjustment before the knockout, Jia Xiuquan said that competitive sports are not stress-free, and coaches, support teams and players all have their own pressures. Besides self-regulation and experience, it is most important to improve their skills.

Women’s football girls are relaxed before the game.

"If in the World Cup, we often shuttle back and forth on the channels of the champion, runner-up and top four, the players’ psychology may be very strong, but we have not experienced so many channels, especially in the last 10 or 15 years. It is crucial that players need all aspects to be psychologically strong, and ultimately they need to improve their skills. "

Jia Xiuquan said that the women’s football team in China is not popular, but it needs 200% effort to win the popular team and win the recognition of the women’s football team in the world, and it also needs to treat every game seriously and correctly.

"Which team in Europe is good to play? It is normal for Italy to break into the top 16. Although the Italian women’s football team has not participated in the World Cup for 20 years, the Italian football has the same influence on the world, and it is normal for the women’s football team to make rapid progress. "

For this game, Lippi, the national football coach who will return to China in August, also gave a blessing. "China and Italy are both very strong teams, and only hope to play a good team to win the game."

Shoya Nakajima scored the first goal.

The Japanese Copa America missed the quarter-finals and Shoya Nakajima scored.

On June 25th, Beijing time, the final round of Group C of the 2019 America’s Cup started, and Ecuador drew 1-1 with Japan. At this point, Japan won the third place in the group and missed the top 8, while Ecuador was eliminated from the bottom.

In the 15th minute of the game, Kubo made a direct defense against Britain, and Shinji Okazaki got a single-handed opportunity. Domingos didn’t go far to clear the gap, and Shoya Nakajima got the ball and scored a long-range empty goal, with the Japanese leading 1-0.

It is worth mentioning that Japan has remained unbeaten (2 wins and 1 draw) in the past three games which were first recorded by Shoya Nakajima, and the Japanese international, worth 35 million euros, has also become the "lucky general" of the Japanese team.

In the past 12 games in which Japan scored the first goal, the team remained unbeaten (10 wins and 2 draws). In the past 40 Copa America games, which Ecuador was the first to concede, the team never won (6 draws and 34 losses).

Kubo Jianying’s lore was unfortunately offside first.

The last time the team conceded a goal in the Copa America was back in 1958 (3-1 Paraguay). To make matters worse, Ecuador conceded the goal 15 minutes before the match in three matches of this America’s Cup group match.

However, in the 35th minute, Mina made a ball in the restricted area, and Albelda volleyed a volley and was saved by eiji kawashima, and Mina succeeded in making up the shot. Ecuador immediately equalized the score 1-1. After that, Kubo Jianying broke the door in stoppage time, but it was ruled invalid.

After the game, Ecuador was ranked at the bottom of the group with one point, and Japan was ranked third with two points. Because Paraguay, the third in Group B, was better than Japan, both Japan and Ecuador failed to qualify and missed the quarterfinals of the America’s Cup.

Benitez left Newcastle.

Benitez will join Dalian?

On June 24th, Beijing time, Premier League club Newcastle officially announced that manager Benitez will leave the team after the contract expires on June 30th.

According to the Telegraph, Newcastle thought Benitez would stay. However, the Spaniard refused the second meeting between the two sides to renew the contract, and finally Ashley decided to let Benitez leave the team after the contract expired.

Benitez, 59, entered Newcastle in March 2016. He led a team to complete 146 official games, with a record of 62 wins, 30 draws and 54 losses.

Earlier, according to BBC reports, the Dalian side offered an annual salary of 12 million pounds for Benitez, and it was also reported that Benitez would go to France to coach.

Italian transfer expert Di Mazio reported that Benitez did receive an offer from Dalian, and if he coached Dalian, he would reunite with his beloved Hamsik who coached in Naples.

Little girl’s composition.

Augusto will invite "composition girl" to watch the game.

On June 24th, a Guoan fan published a composition written by her daughter on the Internet, in which the little girl described her love for Guoan’s foreign aid Augusto. However, due to the unclear examination, the composition was written by the teacher as "rewriting, writing familiar people around you".

According to Beijing Youth Daily, Augusto himself and Guoan Club have been informed of this matter. What is certain is that Augusto will invite the little girl and her family to watch the game at home after the final exam.

In the article, the little fan called Augusto "proud" and praised him for his good character. She also said that in the hearts of Beijing fans, Augusto is the captain of Guoan. Once Augusto leaves the stage, Guoan will lose his soul because Augusto has the indomitable spirit.

Although asked to rewrite it, the parents of the small fans are still very pleased. "Although the teacher’s evaluation is not high, I am very pleased as a father who loves football, Beijing’s national security spirit and the city."

Cameroonian women’s football players maliciously pushed China’s referee Qin Liang.

FIFA will investigate Cameroonian women’s football team

According to the Daily Mail, Cameroonian women’s football team will face investigations from FIFA and African Football Association, and may even be punished.

In a women’s World Cup quarter-final that ended in the early morning of June 24th, Beijing time, the English women’s football team beat the Cameroonian women’s football team 3-0. However, during the match, Cameroon once refused to kick off the game, and there were behaviors of spitting on English players and pushing referees.

A FIFA spokesman said on Monday local time: "FIFA is currently investigating this matter." Isha Johansen, president of the Women’s Football Committee of the African Football Association, also indicated that her organization will also be involved in the investigation.

"I am proud of the African team that participated in the Women’s World Cup, but yesterday’s match between England and Cameroon had a very bad influence, which not only involved African women’s football, but also affected the entire African football community."

Zhang Shuai fought a war of words with his opponent.

Zhang Shuai suffered a controversial penalty and accused his opponent of dishonesty.

In the first round of women’s singles at the WTA Eastburn Open in 2019, China Jinhua Zhang Shuai beat host Katie Swan 2-1 and won the first lawn race this season. But then, the two triggered a "war" on social media.

The cause of the incident was a controversial penalty in the game. Zhang Shuai was ruled out of bounds for hitting a ball once, but because there was no eagle eye in this game, she turned to her opponent on the spot, but she still failed to get a change of judgment.

After the game, Zhang Shuai posted on the social platform that,"Who can tell me the truth? Everyone, including my opponent, said that the ball was 100% out of bounds, and sometimes honesty really depreciated. "

Swan replied: "It’s unfair to accuse me. It’s the company’s decision. I was just playing and didn’t see it. There are many misjudgments on both sides, which has nothing to do with my integrity. "

Zhang Shuai retorted:"Girl, I asked you immediately after the line penalty, and you said the same judgment (out of bounds) 100%."

Fredette joined the Suns after leaving Shanghai.

Fredette will represent the Warriors in the summer league.

On June 25th, Beijing time, according to US media reports, the Warriors executives confirmed that jimmer fredette, the former foreign aid of Shanghai Men’s Basketball Team, would enter the Warriors’ summer league lineup.

In March of this year, Fredette returned to NBA from CBA league and joined Suns. After that, he played six games for the Suns, averaging 10.8 minutes and getting 3.7 points.

Recently, it was reported that Fredette might represent the Warriors in the summer league, and Larry Harris, assistant general manager of the Warriors, also confirmed the news in an interview.

Fredette, 30, was once the man of the NCAA. In 2011, Fredette entered the NBA with the No.10 show in the first round, but his league career was not smooth.

After that, Fredette succeeded in CBA Shanghai team. He not only won the 2017 CBA international player MVP, but also averaged the league-high 37.6 points per game.

In addition, according to Chalana, an NBA reporter, on Twitter, the Suns will refuse to implement Fredette’s team option for next season, which also allows Genvre Dette to successfully represent the Warriors in the summer league.　

Yang Yang, the first gold winner of China Winter Olympics, promoted the ice and snow project.

On June 23rd, the 33rd International Olympic Day, parents and children from 40 families put on skates and enjoyed unforgettable parent-child time on the ice at the Century Star Ice rink in Vientiane City, Shanghai.

Yang Yang, winner of the first gold medal in China Winter Olympics and chairman of the Athletes’ Committee of BOCOG, came to the scene to personally explain the Olympic knowledge and demonstrate the basic skating movements.

Yang Yang said that the 2022 Winter Olympics in Beijing is the best opportunity for China to develop ice and snow sports, and the development of ice and snow sports should also start from young people. "If the previous goal was to achieve 300 million people on ice and snow, now is the stage of practicing the goal. We must promote people to walk on the ice and snow and fall in love with ice and snow sports through various special activities."

"With the approach of the Winter Olympics, the activities of Olympic Day in the past two years have focused on ice and snow sports. Last year, Shanghai also held the first public ice and snow day, and more and more opportunities were given to the people, and more and more people would participate. "

Bin Xu, Party Secretary and Director of Shanghai Sports Bureau, said that Shanghai will strive to become a bridgehead of "ice exhibition in the north and south", so this year’s Olympic Day, including some sports activities in the next few years, will be held in ice and snow venues.

　　Explanation of public consultation

　　In order to cooperate with the implementation of the Civil Code, on the basis of clearing up the relevant judicial interpretations such as the Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of the Guarantee Law of People’s Republic of China (PRC), and combining with the trial practice, our hospital formulated the Interpretation of the Supreme People’s Court on the Application of the Guarantee Part of the Civil Code of People’s Republic of China (PRC) (draft for comments). In order to ensure the scientific nature of judicial interpretation, we are now open to the whole society for comments. The feedback date is November 27, 2020, and the feedback email address is:zgmetsyd@163.com

　　The Supreme People’s Court min er ting
　　November 9, 2020

　　The Supreme People’s Court about
　　Interpretation of the application of the guarantee part of People’s Republic of China (PRC) Civil Code
　　(Draft for Comment)

　　In order to correctly hear cases of guarantee disputes, this interpretation is formulated in accordance with the relevant laws and regulations such as the Civil Code of People’s Republic of China (PRC) and the Civil Procedure Law of People’s Republic of China (PRC), and combined with civil trial practice.
　　I. About General Provisions
　　Article 1 [Scope of Application]Disputes arising from mortgage, pledge, lien, guarantee, etc. shall be governed by this interpretation. This interpretation shall apply to disputes arising from other contracts with guarantee functions, such as ownership reservation, financial leasing, factoring, etc., unless it is not applicable according to its nature.
　　This interpretation shall apply to the counter-guarantee provided by the debtor or a third party.
　　Article 2 [Dependence of Effectiveness of Guarantee Contract]If the parties agree that the principal creditor’s rights and debts contract is not established, invalid, revoked or determined to be ineffective, and the guarantor should still bear the guarantee liability, the agreement is invalid.
　　Disputes arising from independent letter of guarantee issued by banks or non-bank financial institutions shall be governed by the Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Independent Letter of Guarantee Disputes. After the independent letter of guarantee issued by other entities other than banks or non-bank financial institutions is deemed invalid, if the creditor expresses that the guarantor and the principal debtor are jointly and severally liable, the people’s court shall support it.
　　Article 3 [Dependence of Guarantee Scope]The scope of the guarantee liability agreed by the parties is greater than the scope of the debtor’s liability, and the people’s court shall support the guarantor’s claim to assume the guarantee liability only within the scope of the debtor’s liability. If the parties agree on the terms of liquidated damages for the performance of the guarantee liability, and the guarantor claims that the agreement is invalid, the people’s court shall support it.
　　When the guarantor performs the guarantee responsibility by himself, the actual amount of repayment is greater than the scope of the debtor’s responsibility. When the guarantor exercises the right of recourse, the debtor claims to bear the responsibility only within the scope of its responsibility, and the people’s court shall support it.
　　Article 4 [Entrusted Holding of Security Interests]Under any of the following circumstances, if the parties register the validly established security interest in the name of a third party, the debtor fails to perform the due debt or the creditor claims to be paid in priority for the property, the people’s court shall support it according to law:
　　(1) When issuing bonds, register the security interest provided for bondholders in the name of the bond trustee;
　　(two) in the entrusted loan contract, the security interest provided to the creditor shall be registered in the name of the trustee;
　　(3) Other circumstances in which the guarantor knows that the security interest is not registered in the creditor’s name.
　　Article 5 [Effectiveness of Guarantees Provided by Schools and Kindergartens]Non-profit schools, kindergartens, medical institutions, etc. for the purpose of public welfare shall not be guarantors, and the guarantee provided by them shall be invalid, except in one of the following circumstances:
　　(a) for the purchase of educational facilities, medical and health facilities and other public facilities, the ownership retention, financial leasing and other security interests with security functions set with the public facilities as the subject matter;
　　(2) The property other than educational facilities, medical and health facilities and other public welfare facilities is set as the security interest for its own debts;
　　(3) Pledge of one’s own debts with the right to pledge.
　　The people’s court shall not support the guarantee provided by private schools, kindergartens and medical institutions registered as profit-making legal persons if the parties claim that the guarantee is invalid.
　　Article 6 [The ultra vires guarantee is effective when the counterpart is in good faith]The people’s court shall support the legal representative of the company who, without the company’s resolution procedure, exceeds his authority to conclude a guarantee contract with the counterpart on behalf of the company, and the bona fide counterpart requests the company to assume the guarantee responsibility.
　　The goodwill mentioned in the preceding paragraph means that the counterpart does not know or should not know that the legal representative has entered into a guarantee contract beyond his authority. The people’s court will not support the company’s claim that the other party is not in good faith on the grounds that the resolution of the organ is forged or altered by the legal representative, the resolution procedure is illegal, the signature is false, and the amount of guarantee exceeds the legal limit, unless the company has evidence to prove that the other party knows that the resolution is forged or altered.
　　Article 7 [Exceptions without Agency Resolution]In any of the following circumstances, the people’s court shall support the company’s claim to assume the guarantee liability even if the counterpart knows or should know that there is no company resolution:
　　(a) the company is a guarantee company whose main business is to provide guarantees for others, or a bank or non-bank financial institution that conducts letter of guarantee business;
　　(2) The company provides guarantee to the counterpart for the business activities of the company directly or indirectly controlled by it;
　　(3) The guarantee contract is signed and agreed by shareholders who individually or jointly hold more than two-thirds of the company’s voting rights on the guarantee matters.
　　Article 8 [Civil liability for ultra vires guarantee when the counterpart is not in good faith]If the legal representative enters into a guarantee contract on behalf of the company beyond his authority, and the non-bona fide counterpart requests the company at fault to bear civil liability, it shall be handled in accordance with the relevant provisions in the first and second paragraphs of Article 17 of these Provisions. After the company assumes the responsibility, the people’s court shall support it if it requests the legal representative to assume the liability for compensation.
　　Article 9 [Resolution Procedure for Debt Joining the Quasi-applicable Guarantee]The legal representative joins the debt in the name of the company in accordance with the provisions of Article 552 of the Civil Code, and the effect of this agreement shall be handled with reference to the relevant rules of this interpretation on the company providing guarantee for others.
　　Article 10 [Guarantee Provided by Listed Companies]If the legal representative of a listed company exceeds his authority to conclude a guarantee contract on behalf of the company, and the other party fails to review the information publicly disclosed by the listed company about the guarantee matters, such as the resolutions of the board of directors or the resolutions of the shareholders’ meeting, and requests the listed company to bear civil liability, the people’s court will not support it.
　　Article 11 [Effectiveness of Guarantee Provided by One-Man Company for its Shareholders]After providing a guarantee for its shareholders, a one-person limited liability company claims not to assume the guarantee responsibility on the grounds of violating the relevant provisions of the law on the company’s external guarantee, and the people’s court will not support it.
　　If a one-person limited liability company is unable to pay off other debts due to its guarantee liability, and other creditors request that the shareholders bear joint and several liabilities, the people’s court shall support it. The people’s court will not support the shareholder’s defense on the grounds that one-person limited liability company has an independent legal person status or the shareholder only bears limited liability.
　　Article 12 [Effectiveness of Guarantee Provided by Branches of the Company]The people’s court shall not support the company’s branches in providing external guarantees in their own names without the company’s resolution procedure, unless the other party is in good faith.
　　If a branch of a financial institution issues a letter of guarantee within the business scope recorded in its business license, or is authorized by a superior institution that has the right to engage in guarantee business, the people’s court will not support it if the financial institution or its branch claims that it will not bear the guarantee responsibility on the grounds of not being authorized in writing or not making a resolution according to law; Where a branch of a financial institution provides a guarantee other than the letter of guarantee business, the provisions of the preceding paragraph shall apply.
　　Article 13 [Joint Guarantee]If there are more than two guarantees for the same debt, and the guarantors make an agreement on the responsibility sharing after assuming the guarantee responsibility, and the guarantor who has assumed the responsibility requests other guarantors to share the losses that cannot be recovered from the debtor according to this agreement, the people’s court shall support it.
　　There is no agreement between the guarantors on the responsibility sharing after assuming the guarantee responsibility, but it constitutes a joint guarantee. If the guarantors who assume the guarantee responsibility request other guarantors to share the losses that cannot be recovered from the debtor in accordance with the provisions of Article 519 of the Civil Code, the people’s court shall support it. If several guarantors sign, seal or fingerprint the same contract, they may be deemed as joint and several guarantees.
　　Where there is no agreement between the guarantors on the responsibility sharing after assuming the guarantee responsibility, and it does not constitute joint and several guarantees, and the guarantor who has assumed the guarantee responsibility requests other guarantors to share the losses that cannot be recovered from the debtor, the people’s court will not support it.
　　Article 14 [Assigned Creditor’s Rights by Guarantor]There are more than two guarantees for the same debt, and after the guarantor receives the creditor’s rights, he requests the other guarantors to assume the guarantee responsibility. If the other guarantors claim to be exempted from the guarantee responsibility within the scope of the creditor’s rights, the people’s court shall support them in accordance with the provisions of Article 700 of the Civil Code, on the grounds that the behavior belongs to the guarantee responsibility.
　　After the guarantor receives the creditor’s rights, he requests the debtor to take responsibility according to the original creditor’s rights and debts. If the debtor claims to take responsibility only within the scope where the guarantor receives the creditor’s rights according to the provisions of Article 700 of the Civil Code, the people’s court shall support it.
　　Where the controlling shareholder, actual controller and the company directly or indirectly controlled by the guarantor request the guarantor or the debtor to bear the liability after the creditor’s rights are transferred or the guarantor’s close relatives transfer the creditor’s rights, the relevant provisions in the preceding two paragraphs shall apply mutatis mutandis.
　　Article 15 [Maximum Guarantee]The maximum amount of creditor’s rights in the maximum guarantee refers to all creditor’s rights, including the principal creditor’s rights and their interest, liquidated damages, damages, expenses for keeping the secured property and realizing the security right, unless otherwise agreed by the parties. If the registered maximum amount of creditor’s rights is inconsistent with the maximum amount of creditor’s rights agreed by the parties, and other creditors of the guarantor claim to determine the priority scope of compensation according to the registered maximum amount of creditor’s rights, the people’s court shall support it.
　　Article 16 [Borrowing the New and Returning the Old]If the parties to the main contract agree to repay the old loan with the new loan, and the new loan and the old loan are guaranteed by the same guarantor, and the creditor requests the guarantor of the new loan to continue to bear the guarantee responsibility, the people’s court shall support it according to law; If the new loan and the old loan are guarantees provided by different guarantors, or the old loan is unsecured and the new loan is secured, and the creditor requests the guarantor of the new loan to bear civil liability, the people’s court will not support it, except that the creditor has evidence to prove that the guarantor knows or should know that the creditor and the debtor have agreed to repay the old loan with the new loan.
　　If the parties to the main contract agree to repay the old loan with the new loan, and the creditor claims to exercise the security interest on the new loan on the grounds that the security interest on the old loan has not been cancelled, the people’s court will not support it, except that the parties agree to continue to provide guarantee for the new loan.
　　The guarantor of the agreed object of the parties continues to provide guarantee for the new loan, but before concluding a new loan contract, the guarantor sets a security interest for other creditors, and if other creditors claim that their security interest takes precedence over the new loan creditor, the people’s court will not support it. [Another opinion] The people’s court should support it.
　　Article 17 [Legal Consequences of Invalid Guarantee Contract]If the main contract is valid and the guarantee contract is not established, invalid, revoked or determined to be ineffective, it shall be determined whether and how the guarantor shall be liable for compensation according to different situations:
　　(1) If both the creditor and the guarantor are at fault, the guarantor shall bear no more than one-half of the unpaid part of the debtor;
　　(2) If the guarantor is at fault and the creditor is not at fault, the guarantor shall be liable for the part that the debtor cannot pay off;
　　(3) If the creditor is at fault and the guarantor is not at fault, the guarantor shall not be liable for compensation.
　　If the main contract is invalid and the guarantee contract is invalid, the guarantor shall not be liable for compensation without fault; If the guarantor is at fault, his liability for compensation shall not exceed one-third of the unpaid part of the debtor.
　　If the suretyship contract concluded between the creditor and a person who is not a guarantor according to the law or judicial interpretation is deemed invalid, and the creditor requests the guarantor to bear the liability for compensation, the people’s court will not support it.
　　Article 18 [Right of recourse against the debtor]The people’s court shall support the guarantor who has assumed the responsibility of guarantee or compensation to recover from the debtor. The people’s court shall support the debtor’s own guarantee of things and the guarantor who has assumed the responsibility of guarantee or compensation who claims to exercise the creditor’s right to guarantee the debtor within the scope of his responsibility.
　　Article 19 [Liability of Counter Guarantor]If the guarantee contract is invalid and the guarantor who has assumed the liability for compensation requests the counter-guarantor to assume the liability within the scope of his liability for compensation according to the stipulations of the counter-guarantee contract, the people’s court shall support it according to law.
　　If the counter-guarantee contract is invalid, it shall be handled in accordance with the relevant provisions of Article 17 of this Interpretation.
　　Article 20 [Reference Application of Guarantor’s Rights Protection Rules]The people’s court shall support the claim of a third party who provides a material guarantee for another person’s debts by referring to the relevant rules for the protection of the guarantor’s rights such as Articles 695, 700, 701 and 702 of the Civil Code.
　　Article 21 [Method of Dispute Resolution and Determination of Jurisdiction Court]Creditors sue the debtor and the guarantor at the same time. Both the principal creditor’s rights and debt contract and the guarantee contract stipulate the dispute settlement method or the competent court. If the agreement is inconsistent, the competent or competent matters shall be determined according to the agreement in the principal creditor’s rights and debt contract. If there is no agreement on the dispute settlement method or the competent court or only the guarantee contract, the competent court shall be determined according to the relationship between the principal creditor’s rights and debts.
　　In general guarantee, the creditor applies for adding the debtor as a co-defendant after suing the guarantor, and if the debtor raises jurisdiction objection, the court of jurisdiction shall be determined according to the relationship between the principal creditor’s rights and debts.
　　In the joint and several liability guarantee, the creditor only sues the guarantor, and if the dispute settlement method or the court of jurisdiction is stipulated in the guarantee contract, the competent or jurisdictional matters shall be determined according to this agreement; If there is no agreement on the dispute settlement method or the competent court, the competent court shall be determined according to the guarantee contract relationship.
　　Article 22 [Connection between Bankruptcy Procedure and Guarantee Liability]When the people’s court accepts the debtor’s bankruptcy case, if the creditor requests the guarantor to assume the guarantee responsibility for the unpaid part in the bankruptcy procedure, it shall do so within six months after the bankruptcy procedure ends.
　　If the people’s court accepts the debtor’s bankruptcy case, and the creditor files a lawsuit in the people’s court after declaring the creditor’s rights in the bankruptcy procedure, and requests the guarantor to assume the guarantee responsibility, the people’s court may directly judge the guarantor to assume the guarantee responsibility, but it should be clear in the judgment that the guarantor has the right to be compensated in the bankruptcy procedure instead of the creditor. The people’s court shall not support the guarantor’s claim for compensation from the debtor after reconciliation or reorganization after assuming the guarantee responsibility.
　　Article 23 [Consequences of the Guarantor’s Failure to Exercise the Right of Recovery in advance due to the Creditor]If the creditor knows or should know that the debtor is bankrupt, and neither declares the creditor’s rights nor notifies the guarantor, so that the guarantor cannot exercise the right of recourse in advance, the guarantor shall be exempted from the guarantee liability to the extent that the creditor’s rights may be compensated in the bankruptcy proceedings.
　　After the people’s court accepts the debtor’s bankruptcy case, if the creditor fails to declare his creditor’s rights, the guarantor jointly guaranteed shall declare his creditor’s rights as a subject and exercise the right of recourse in advance.
　　Article 24 [Interest on secured debt stops when the debtor goes bankrupt]After the people’s court accepts the debtor’s bankruptcy case, the creditor requests the guarantor to assume the guarantee responsibility, and if the guarantor claims that the guarantee responsibility will stop bearing interest from the date when the people’s court accepts the bankruptcy application, the people’s court shall support it.
　　Second, about the guarantee contract
　　Article 25 [Parties to General Guarantee]In general guarantee, the people’s court shall accept the lawsuit brought by the creditor with the debtor and the guarantor as co-defendants, but it should be clear in the judgment that the guarantor shall only assume the guarantee responsibility for the part of the debtor’s property that cannot be performed after being enforced according to law; Where the creditor applies for the preservation of the property of the general guarantor, the people’s court shall not support it, except that the evidence proves the existence of the circumstances stipulated in the second paragraph of Article 687 of the Civil Code.
　　In general guarantee, if the creditor only sues the guarantor, the people’s court may explain it to him and inform him to add the debtor as a co-defendant; If the creditor refuses to add, it may dismiss its lawsuit, except as otherwise provided by laws and judicial interpretations.
　　Article 26 [Warranty Period of General Warranty]The creditor of general guarantee only sues the guarantor, and it is explained that when applying for adding the debtor as a co-defendant, if the guarantor claims not to bear the guarantee liability after the expiration of the guarantee period, the people’s court shall support it.
　　The creditor of general guarantee has not brought a lawsuit or applied for arbitration against the debtor within the guarantee period. Even if there is evidence to prove that he has claimed the right to the guarantor, the people’s court shall support the guarantor’s claim that he will not assume the guarantee responsibility after the guarantee period expires.
　　Article 27 [Limitation of Action for General Guarantee]If the debtor has no property to execute after the creditor of general guarantee brings a lawsuit against the debtor or applies for arbitration within the guarantee period, and the people’s court makes an order to terminate the execution within six months from the date of receiving the application for execution, the limitation of action for the secured debt shall be calculated from the date when the order takes effect; If the people’s court fails to make a ruling within six months from the date of receiving the application for execution, the limitation of action for secured debts shall be counted from the date of expiration of six months from the date of receiving the application for execution.
　　Article 28 [Joint Guarantee and its Guarantee Period]There are more than two guarantees for the same debt, and the guarantors constitute joint and several guarantees. When the creditor claims rights from the guarantors according to law during the guarantee period, the guarantors can prove that the creditor failed to claim rights from other guarantors according to law during the guarantee period, resulting in its inability to exercise the right of recourse, and accordingly claim to be exempted from the guarantee liability within the scope of its inability to exercise the right of recourse, the people’s court shall support it.
　　If there are more than two guarantees for the same debt, and the guarantors do not constitute joint and several guarantees, the people’s court will not support the creditor’s claim that the effect of the act is extended to other guarantors on the grounds that he has claimed rights from one guarantor according to law within the guarantee period.
　　For the same debt, there are both general guarantee and joint and several liability guarantee, and the people’s court will not support it if the guarantor of the general guarantee claims to bear the guarantee responsibility only for the part that the joint and several liability guarantor cannot pay off.
　　Article 29 [Guarantee Period of Maximum Guarantee]In the maximum amount guarantee contract, the guarantee period is calculated separately for the guaranteed debts one by one, unless otherwise agreed by the parties on the calculation method and starting date of the guarantee period.
　　Article 30 [Does Withdrawal of Lawsuit Affect Warranty Period]If the creditor of general guarantee brings a lawsuit or applies for arbitration against the debtor within the guarantee period and then withdraws the lawsuit or arbitration application, it will not affect the guarantee period.
　　If the creditor of the joint and several liability guarantee has filed a lawsuit or applied for arbitration against the guarantor within the guarantee period, and then withdrew the lawsuit or arbitration application, and a copy of the indictment or arbitration application has been served on the guarantor, the people’s court shall hold that the creditor has claimed the rights from the guarantor within the guarantee period.
　　Article 31 [Guarantee Period when Guarantee Contract is Invalid]If the suretyship contract is invalid, cancelled or determined to be ineffective, the creditor fails to exercise his rights according to law within the suretyship period, and the guarantor claims not to be liable for compensation, the people’s court shall support it.
　　Article 32 [Active Review during Warranty Period]The people’s court shall examine the fact that the guarantee period has expired ex officio when trying the relevant dispute cases involving the guarantee contract.
　　Article 33 [Providing guarantee for debts beyond the limitation of action]If the guarantor voluntarily assumes the guarantee liability after the expiration of the limitation of action for the principal debt, and later claims not to assume the guarantee liability on the grounds of the expiration of the limitation of action, the people’s court will not support it; The people’s court shall not support the guarantor’s claim against the debtor after assuming the guarantee responsibility for the debt whose limitation of action has expired.
　　After the expiration of the limitation of action for the principal debt, the people’s court shall not support the request of the guarantor who provides another guarantee to cancel the guarantee contract or confirm that the guarantee contract is invalid, except that he can prove that the guarantee contract is revocable or invalid.
　　Article 34 [Identification of Guarantee Types]If a third party provides a similar commitment document such as margin replenishment and liquidity support as a credit enhancement measure, if it means to provide a guarantee, and the creditor requests the third party to assume the guarantee responsibility, the people’s court shall handle it in accordance with the relevant provisions of the guarantee, but the provisions of the guarantee period shall not apply.
　　The people’s court shall examine whether the third party has the intention to share the debt with the debtor when determining whether the third party constitutes the debt as stipulated in Article 552 of the Civil Code. The third party’s expression of will can’t be determined as debt joining. If there is an expression of will to provide guarantee, it shall be deemed as guarantee.
　　Article 35 [Guarantee Insurance]Disputes arising from the guarantee insurance shall be governed by the provisions of the Insurance Law.
　　The people’s court shall support the insurer’s claim for compensation from the debtor within the scope of compensation after it has compensated the insured in accordance with the guarantee insurance contract. The people’s court shall support the insurer’s request that the debtor calculate the loss of insurance premium occupation according to the quoted interest rate of one-year loan market at the time of insurance premium payment. If the insurer requests the debtor to pay liquidated damages and other expenses as agreed, the people’s court will not support it.
　　Third, about the security interest
　　(A) the effectiveness of the security contract and the security interest
　　Article 36 [Validity of Mortgage Contract Without Mortgage Registration]The validity of the guarantee contract shall not be affected if the property whose ownership is unknown or controversial, the property sealed up or detained, the property within the customs supervision period, etc. is used as a guarantee. If the creditor requests the guarantor to bear the liability for breach of contract within the agreed value range of the secured property due to the failure to register, the people’s court shall support it, but it shall not exceed the liability that the guarantor should bear when the security interest is effectively established.
　　Article 37 [Indivisible Property]If the principal creditor’s rights have not been fully paid off, and the holder of the security interest claims to exercise the security interest on all the secured property, the people’s court shall support it according to law.
　　If the secured property is divided or partially transferred, and the obligee for security claims to exercise the mortgage right on the divided or transferred secured property, the people’s court shall support it according to law.
　　Article 38 [Individuality of Principal Creditor’s Rights]If the principal creditor’s rights are divided or partially transferred, and each creditor claims to exercise the security interest on his share of creditor’s rights, the people’s court shall support it according to law.
　　If the principal debt is divided or partially transferred, the guarantor still guarantees several debtors to perform their debts with his secured property. However, if a third party provides a guarantee, and the creditor allows the debtor to transfer the debt without the written consent of the guarantor, and the creditor requests the guarantor to assume the guarantee responsibility for the debt transferred without the consent of the guarantor, the people’s court will not support it.
　　Article 39 [Mortgage and Collateral]Before the mortgage is established, it is an accessory to the mortgaged property. If the mortgagee claims that the mortgage is effective and is an accessory, the people’s court shall support it, unless otherwise agreed by the parties or the mortgaged property and the accessory are owned by two or more people respectively.
　　After the mortgage is established, it is an accessory to the mortgaged property. If the mortgagee claims that the mortgage is effective and is an accessory, the people’s court will not support it, but it can be disposed of together when the mortgage is realized.
　　Article 40 [Mortgages and Attachments]After the mortgage is established, the mortgaged property is attached, mixed or processed, and the mortgagor has the ownership of the attached property, mixture or processed product. If the mortgagee claims that the mortgage is effective to the attached property, mixture or processed product, the people’s court shall support it according to law.
　　If the third party’s attachment, mixing or processing of the mortgaged property makes the mortgagor and the third party co-owners of the attachment, mixture or processed product, and the mortgagee claims that the effectiveness of the mortgage is limited to the mortgagor’s share of the co-ownership, the people’s court shall support it. If the third party’s attachment, mixing or processing of the mortgaged property leads to the decrease in the value of the mortgaged property, and the mortgagee claims priority compensation for the third party’s share of the common property within the range of the decrease in the value of the mortgaged property, the people’s court shall support it.
　　Article 41 [Property Subrogation Effect of Mortgage]After the establishment of the mortgage right according to law, the mortgaged property is damaged, lost or expropriated, and the mortgagee requests the obligor to be compensated in priority for insurance, compensation or compensation according to the original mortgage right, and the people’s court shall support it.
　　If the obligor for payment has already paid the mortgagor insurance money, compensation money or compensation money, and the mortgagee requests the obligor for payment of insurance money, compensation money or compensation money, the people’s court will not support it, except that the obligor for payment still pays the mortgagor after the mortgagee notifies the obligor for payment in writing.
　　Article 42 [Transfer of Mortgaged Property]If the mortgagee claims that the mortgage property transfer contract is invalid on the grounds that the mortgage contract prohibits or restricts the transfer of the mortgaged property, the people’s court will not support it. The agreement prohibiting or restricting the transfer of the mortgaged property has been registered. If the mortgagor transfers the mortgaged property and the mortgagee requests to cancel the contract, the people’s court shall support it.
　　Under any of the following circumstances, the people’s court shall support the mortgagee’s request that the transfer of mortgaged property may damage his mortgage right and the mortgagor use the proceeds from the transfer to pay off debts in advance or deposit them:
　　(a) the mortgage contract prohibits or restricts the transfer of mortgaged property;
　　(2) If the mortgaged property is a commercial house, the transferee is the commercial house consumer whose rights have priority over the mortgagee according to law;
　　(3) Other circumstances in which the transfer of mortgaged property may damage the mortgage right.
　　Article 43 [Legal Consequences of Expiration of Limitation of Action for Principal Creditor’s Rights]After the limitation of action for principal creditor’s rights expires, if the mortgagee requests to exercise the mortgage right, the people’s court will not support it; The people’s court shall support the mortgagor’s request for cancellation of mortgage registration after the expiration of the limitation of action for principal creditor’s rights. If the creditor claims the debtor’s rights within the limitation period, and fails to apply to the people’s court for enforcement within the statutory period after winning the judgment, and then requests to exercise the mortgage right, the people’s court will not support it.
　　The provisions of the preceding paragraph shall apply to the pledge of rights with registration as the publicity method.
　　After the limitation of action for principal creditor’s rights expires, the people’s court shall support the pledgor and debtor’s request for the return of pledged property or retained property if the debtor fails to perform his obligations. [Another view] The people’s court does not support it.
　　Article 44 [Procedures for Realizing Security Interests] If the parties agree that when the debtor fails to perform the due debt or the situation of realizing the security interest agreed by the parties occurs, the security interest holder can discount the secured property or auction or sell it by himself and get priority compensation for the proceeds, the agreement is valid. If the mortgagee is unable to discount, auction or sell the secured property by himself due to the guarantor, and the mortgagee requests the guarantor to bear the increased expenses, the people’s court shall support it.
　　If the parties apply for auction or sale of the secured property in accordance with the provisions of the Civil Procedure Law on "cases of realizing security interests", the respondent claims to reject the application on the grounds that the arbitration clause in the guarantee contract is stipulated, and the dispute is settled through arbitration. After hearing the case, the people’s court shall handle it according to the following circumstances:
　　(1) If the parties have no substantive dispute over the real right for security and the conditions for realizing the real right for security have been achieved, they shall make an order to allow the auction or sale of the secured property;
　　(2) If the parties have some substantive disputes over the realization of the security interest, they may rule that the auction or sale of the secured property is allowed for the undisputed part, and inform them that they can apply for arbitration for the disputed part;
　　(3) If the parties have substantive disputes over the realization of the security interest, they shall rule to reject the application and inform them that they can apply for arbitration on the disputed part.
　　Where a creditor claims to exercise a security interest by way of litigation, the debtor and the guarantor shall be co-defendants.
　　(2) Mortgage of real estate
　　Article 45 [Validity of Real Estate Mortgage Contract]The people’s court shall support the creditor’s request to the mortgagor to go through the mortgage registration formalities after the real estate mortgage contract comes into effect; If the mortgage registration cannot be handled due to the loss of the mortgaged property or the transfer of the mortgaged property, and the creditor requests the mortgagor to bear the liability for breach of contract within the agreed value of the mortgaged property, the people’s court shall support it, but it shall not exceed the liability that the mortgagor should bear when the mortgage can be effectively established.
　　Article 46 [Effectiveness of Real Estate Register]The records made in the real estate register on the mortgaged property and the secured creditor’s rights are inconsistent with those stipulated in the mortgage contract. If the parties claim that the contents recorded in the register shall prevail, the people’s court shall support them.
　　Article 47 [Consequences of Failure to register due to reasons of the registration department]When a party applies for the registration of mortgaged property, it is unable to register the mortgaged property due to the fault of the registration department, and if the party requests the registration authority to bear the liability for compensation according to law, the people’s court shall support it.
　　Article 48 [Illegal Building Mortgage]The mortgage contract shall be invalid if the building confirmed as illegal or illegal by legal procedures is mortgaged. The legal consequences of the invalidity of the mortgage contract shall be handled in accordance with the provisions of the first and second paragraphs of Article 17 of this Interpretation.
　　Article 49 [Mortgage of Allocated Land Use Rights]The people’s court shall not support the mortgagor’s claim that the mortgage contract is invalid or ineffective on the grounds that it has not been approved by the people’s government with the right of approval. The people’s court shall support the creditor’s request that the mortgagor bear the liability for breach of contract because the failure to register the mortgage has caused losses to the creditor.
　　The people’s court shall not support the mortgagor’s mortgage on the house allocated with the right to use the construction land, and the parties request to confirm that the mortgage contract is invalid on the grounds that the allocated land use right cannot be mortgaged. When the mortgage is realized, the proceeds from the auction and sale of the house shall be used in priority to pay the transfer fee for the right to use the construction land.
　　Article 50 [Integral Mortgage of Premises]The people’s court shall support the claim of the creditor that the mortgage is valid only for the right to use the construction land, and that the creditor claims the validity of the mortgage on the existing buildings and the completed parts of the buildings under construction. The people’s court does not support the creditor’s claim that the validity of the mortgage extends to the continued part of the building under construction and the new building.
　　If the mortgagor mortgages the right to use the construction land and the buildings on it or the buildings under construction to different creditors respectively, the people’s court shall determine the order of mortgage according to the order of registration.
　　Article 51 [Mortgage Advance Notice Registration]After the parties set up mortgage with pre-purchased commercial housing and registered the mortgage advance notice, the creditor requests to exercise the mortgage right, and if the first registration has been registered after examination, it shall be deemed that the mortgage right has been established since the date of registering the advance notice; If the first registration has not been made, the claim shall be rejected, but the effectiveness of the mortgage notice registration shall not be affected.
　　If the mortgaged property is auctioned or sold by the people’s court, the people’s court shall support it if the right holder of advance notice registration claims priority in compensation for the mortgaged property and has gone through the first registration after examination; If the first registration has not been made, the application shall be rejected, but the obligee of advance notice registration shall be informed that he can claim the right to exercise the mortgage from the transferee from the date of the first registration.
　　If the mortgagor is declared bankrupt by the people’s court within the validity period of the advance notice registration after the parties concerned handle the advance notice registration, and the right holder of the advance notice registration claims priority in repayment of the mortgaged property, the people’s court shall support it.
　　(3) Movable property and security of rights
　　Article 52 [General Description of Guaranteed Property]The parties make a general description of the secured property in the chattel guarantee contract. If the relevant description is enough to reasonably identify the secured property, the guarantee contract shall be deemed to be established.
　　The description of the guaranteed property in the chattel guarantee contract does not meet the reasonable identification standard, and it is still impossible to distinguish the property from the other properties of the guarantor after correction. If the guarantor claims that the guarantee contract is not established, the people’s court shall support it.
　　Article 53 [Effectiveness of Unregistered Chattel Mortgage Contract]If the mortgagor transfers, leases or transfers the mortgaged property after the chattel mortgage contract is signed, the people’s court will not support it, unless the mortgagee can prove that the transferee or lessee is malicious.
　　If the mortgagor’s other creditors apply to the people’s court for the preservation or enforcement of the mortgaged property after the signing of the chattel mortgage contract, and the mortgagee claims that the chattel has priority in compensation, the people’s court will not support it.
　　If the mortgagor fails to register the mortgage after the signing of the chattel mortgage contract, and the creditor claims that the chattel should be paid first, the people’s court will not support it.
　　Article 54 [Pledge of Property under the Supervision of a Third Party]The creditor, the pledgor and the supervisor conclude a tripartite agreement, and the pledgor guarantees the creditor’s rights with goods within a certain period of time or a certain value. If the parties have evidence to prove that the supervisor is entrusted by the creditor to supervise and possess the pledged property, the people’s court shall determine that the pledge is established from the day when the supervisor occupies the pledged property. If the supervisor releases goods to the pledgor in violation of the agreement and the pledged property is damaged or lost due to improper storage, and the creditor requests the supervisor to bear the liability for breach of contract, the people’s court shall support it according to law.
　　The creditor, the pledgor and the supervisor enter into a tripartite agreement, and the pledgor guarantees the creditor’s rights with goods within a certain period of time or value. If the parties have evidence to prove that the supervisor is entrusted by the pledgor to supervise the pledged property, or the pledgor fails to actually perform the supervisory duties despite being entrusted by the creditor, resulting in the pledged property still being under the control of the pledgor, the people’s court shall hold that the pledge right is not established. The creditor may request the pledgee to bear the liability for breach of contract based on the agreement in the pledge contract, but its scope shall not exceed the liability that the pledgee shall bear when the pledge right is effectively established. If the supervisor fails to perform his supervisory duties and the creditor requests the supervisor to bear the liability for breach of contract, the people’s court shall support it according to law.
　　Article 55 [Price Priority]Enterprises, individual industrial and commercial households, agricultural producers and operators set floating mortgages on their existing and existing production equipment, raw materials, semi-finished products and products, and then purchase movable property by way of ownership retention or financial lease. If the seller or lessor handles the publicity of the movable property retention or financial lease within 10 days after the delivery of the movable property, the people’s court shall support it if it claims that its rights are prior to the floating mortgage according to the provisions of Article 416 of the Civil Code.
　　Article 56 [Bill of Lading Pledge]In the letter of credit transaction, if the issuing bank holds the bill of lading according to the agreement between it and the applicant, and the issuing bank claims its ownership of the goods under the bill of lading on the grounds of holding the bill of lading, the people’s court will not support it. The people’s court shall support the issuing bank’s claim that the goods under the bill of lading should be paid first.
　　Article 57 [Pledge of Bills of Exchange]If a bill of exchange is pledged, but the word "pledge" is not recorded in the endorsement, and the pledgee claims that the pledge has been established only on the grounds that the bill has been delivered, the people’s court will not support it.
　　If a bill of exchange is pledged, although the word "pledge" is recorded in the endorsement, but the bill is not signed, and the pledgee claims that the pledge has been established, the people’s court will not support it.
　　Article 58 [Warehouse Receipt Pledge]Warehouse receipts must record the items specified in Article 909 of the Civil Code. If a party pledges a warehouse receipt that does not meet the provisions of this article, the people’s court shall deem the pledge of the warehouse receipt invalid.
　　After the pledgor pledges the warehouse receipt that meets the legal requirements, the pledgee establishes a pledge for other creditors with the stored goods, and the pledgee requests to confirm that the pledge of the stored goods is invalid, and the people’s court shall support it. [Another point of view] We should comprehensively examine whether the pledge is effectively established and the order of establishment to determine the repayment order.
　　If multiple warehouse receipts have been issued on the same warehouse, and the parties have set up multiple warehouse receipts as pledges, the people’s court shall support the creditor who first obtained the warehouse receipts to claim priority in compensation for the warehouse; If the order of obtaining warehouse receipts cannot be determined, the creditors who have obtained warehouse receipts will be compensated equally according to the proportion of their claims.
　　Article 59 [Pledge of Accounts Receivable]If the existing accounts receivable are pledged, the pledgee requests the debtors of accounts receivable to perform their debts, and the debtors of accounts receivable claim that they are not liable on the grounds that the accounts receivable do not exist from the beginning, and the creditors cannot prove that the accounts receivable really exist at the time of pledge registration, the people’s court will not support their request for priority compensation for the accounts receivable; If the debtor of accounts receivable claims that the accounts receivable have been eliminated when the pledge registration is handled, but fails to prove it, the people’s court will not support it. If the creditor and debtor of accounts receivable pledge fictitious accounts receivable, and the pledgee requests the debtor of accounts receivable to perform the debt, the people’s court shall support it, unless the pledgee knows the fiction.
　　If the existing accounts receivable are pledged, the parties concerned fail to notify the debtors of the accounts receivable, and the debtors of the accounts receivable perform their debts to the creditors, and the pledgee requests priority in compensation for the money obtained by the creditors, the people’s court will not support it; The people’s court shall support the pledgee who has notified the debtor of accounts receivable that the debtor of accounts receivable still performs to the creditor, resulting in the extinction of accounts receivable, and requests the creditor and the debtor of accounts receivable to bear joint and several liability for compensation.
　　Where the charging right of real estate such as highway bridges, highway tunnels or highway ferries is pledged, the parties set up a specific account for the accounts receivable, and the pledgee requests priority compensation for the accounts receivable in the specific account when there is a legal or agreed reason for realizing the pledge right, the people’s court shall support it; The people’s court shall support the pledgee’s request for auction or sale of accounts receivable without setting a specific account.
　　Article 60 [Lien]If the debtor fails to perform the due debt, the creditor retains the movable property that the debtor has legally possessed, and the actual owner of the movable property requests to return the property, the people’s court will not support it.
　　IV. Other guarantees with guarantee function
　　Article 61 [Guarantee without legal registration agency]If the creditor and the guarantor conclude a guarantee contract, and stipulate that the property that is not prohibited or allowed to be pledged by laws and administrative regulations is set as a guarantee by registration as a publicity method, it will not have the effect of real right if it is not registered in the statutory registration agency. The people’s court shall support the request of the parties to pay off the debts by discounting the property or the proceeds from sale or auction as agreed in the guarantee contract.
　　Article 62 [Financing Lease]If the parties to a financial lease agree that the lease item shall be owned by the lessee after the lease term expires, and the lessee fails to pay the remaining rent after paying part of the rent, and the lessor requests the lessee to pay the remaining rent and give priority to the compensation of the lease item, the people’s court may refer to the procedures for realizing the applicable security interest.
　　If the parties to a financial lease agree that the lease item shall be owned by the lessee after the lease term expires, and the lessee fails to pay the remaining rent after paying part of the rent, and the lessor requests to terminate the contract and recover the lease item, the people’s court may refer to the procedures for realizing the applicable security interest. If the lessee claims that the value of the leased property recovered exceeds the unpaid rent and other expenses, the people’s court shall determine the value of the leased property in accordance with the provisions of the financial lease contract; If there is no agreement or unclear agreement in the financial lease contract, the value of the lease item can be determined by referring to the depreciation of the lease item agreed in the financial lease contract and the residual value of the lease item after the expiration of the contract.
　　Article 63 [Retention of Ownership]If the parties agree that the seller shall retain the ownership of the contract property, and the seller files a lawsuit to claim back the property according to Article 642 of the Civil Code, the people’s court shall explain it to him and inform him to claim his rights with reference to the realization procedure of the security right. If the seller refuses, the people’s court shall reject the seller’s claim.
　　Article 64 [Factoring]Factoring and pledge of accounts receivable exist in the same account receivable at the same time, and the people’s court shall support it if the parties claim to determine the priority by referring to the provisions of Article 768 of the Civil Code.
　　If the parties agree on the factoring with recourse, the people’s court shall support the factor in bringing a lawsuit with the creditor of accounts receivable and the debtor as co-defendants and requesting joint liability; If the creditor’s rights of accounts receivable obtained by the factor from the debtor of accounts receivable exceed the principal and interest of factoring financing and related expenses, and the creditor of accounts receivable requests the factor to return the excess and its interest, the people’s court shall support it.
　　Article 65 [Validity of Contract with Guarantee Function]The scope and effectiveness of the bona fide "third party" that the obligee’s rights are not registered for contracts with guarantee functions such as ownership retention, factoring and financial leasing shall be dealt with with with reference to Article 53 of these Provisions.
　　Article 66 [Guarantee for Formal Transfer of Property to Creditor’s Name]If the debtor or a third party enters into a contract with the creditor on the transfer of property with a repurchase clause, and it is agreed that the property will be formally transferred to the creditor’s name to guarantee the performance of the debt, and the debtor fails to perform the due debt and the property belongs to the creditor, the people’s court shall consider this part of the agreement invalid, but it will not affect the validity of other parts of the contract.
　　According to the contract agreed in the preceding paragraph, the parties have formally transferred the property to the creditor’s name in the form of publicity of the change of property rights, and the debtor fails to perform the due debts, and the creditor requests to confirm that the property belongs to him, and the people’s court will not support it. If a party requests auction or sale of property, and the proceeds are used to give priority to compensation or pay off debts, the people’s court shall support it.
　　Article 67 [Guarantee for Formal Transfer of Equity to Creditor’s Name]Shareholders provide guarantee for debt performance by transferring their equity to creditors’ names, and the people’s court does not support the company or its creditors’ request that creditors as nominal shareholders and shareholders bear joint and several liabilities on the grounds that shareholders fail to perform or fully perform their capital contribution obligations or withdraw their capital contribution.
　　When the people’s court determines whether a transaction is equity transfer or equity transfer to the creditor’s name to provide guarantee for debt performance, it needs to comprehensively examine the following factors:
　　(a) whether there is a secured principal creditor-debtor relationship;
　　(2) Whether there is an equity repurchase clause;
　　(3) Whether the shareholders enjoy and exercise their rights.
　　Article 68 [Margin]After the debtor or a third party specified his money in the form of special account or security deposit, he handed it over to the creditor for possession as a guarantee for the creditor’s rights. If the debtor fails to perform the debt, the creditor claims that the money should be paid in priority, and the people’s court should support it.
　　If the debtor or a third party takes a specific account such as its money deposits received account as a guarantee, and the creditor who can actually control the specific account claims that the money in the specific account is given priority, the people’s court shall support it.
　　If the deposit agreed by the parties does not meet the provisions of the preceding two paragraphs, and the creditor claims priority in payment of the deposit, the people’s court will not support it, but it will not affect the parties’ claim of rights according to the agreement.
　　V. Supplementary Provisions
　　Article 69 [Scope of Application]This interpretation shall come into force as of January 1, 2021.
　　The civil code and this interpretation shall apply to the guarantee behavior that occurs after the implementation of the civil code. The guarantee behavior that occurred before the implementation of the Civil Code shall be governed by the laws and judicial interpretations at that time; If there are no provisions in the laws at that time, the Civil Code and this interpretation can be applied.

In order to further improve animalsH7N9Avian influenza prevention and control work, according to the current prevention and control situation, our department organized and formulated the "2013Animals in the second half of 2008H7N9Avian Influenza Monitoring Program is hereby printed and distributed to you, please follow it.

　

　　　　　　　　　　　　　 　　　　　　　　　　　　Ministry of Agriculture

　　　　　　　　　　　　　　　　　　　　　　　　 2013yeareightmoonfivesun

　

2013Animals in the second half of 2008H7N9Avian influenza surveillance program

I. Purpose of monitoring

In order to find and master in timeH7N9The infection of avian influenza virus in animal groups, analysis and evaluation of the mode and law of transmission, andH7N9Avian influenza virus variation trend, timely removal of animal populations.H7N9The pathogen of avian influenza provides scientific basis.

Second, the monitoring requirements

Combine "2013National Animal Disease Monitoring and Epidemiological Investigation Plan (Agricultural Medical Development [2013〕nine) on avian influenza monitoring work arrangements, to carry out the second half of the animal.H7N9Avian influenza surveillance.

Third, the monitoring object

Chickens (laying hens, yellow-feathered broilers and other chickens with a long feeding cycle), waterfowl (ducks and geese), artificially raised pigeons and quails, wild birds, and the environment of relevant high-risk areas.

IV. Monitoring Scope and Time

(1) Monitoring scope

oneAll live poultry wholesale markets;

2Live poultry trading stalls (stalls) in farmers’ markets, large-scale poultry farms, free-range households, poultry slaughterhouses and migratory bird habitats.

(2) Monitoring time

All provinces and national reference laboratories should combine the monitoring of avian influenza in the second half of the year.nineConduct a centralized monitoring in January.

V. Monitoring quantity

Live poultry trading market by2%The expected prevalence rate was randomly sampled and monitored, and double swab samples and serological samples from throat and cloaca were collected in parallel.150Copies, environmental samplesthirtyFor testing.

Check outH7N9In the live poultry trading market with positive samples of avian influenza, epidemiological investigation should be conducted in time, and key investigations should be carried out on related farms, and serological and pathogenic samples should be collected from each farm.thirtyShare.

The sampling quantity of other places is in accordance with "2013National Animal Disease Monitoring and Epidemiological Investigation Plan (Agricultural Medical Development [2013〕nineNo. execution).

Sixth, the detection method

(A) serological detection methods

Hemagglutination inhibition test (HI), detection of serumH7Hemagglutinin antibody of subtype avian influenza virus. Refer to Diagnostic Techniques for Highly Pathogenic Avian Influenza (GB/T 18936-2003）。

(2) Pathogen detection methods

The fluorescence quantification recommended by the state was adopted.RT-PCRDetection method: throat and cloaca swab samples are detected.H7Subtype avian influenza virusHAGene fragment. Refer to the instructions for the recommended reagent (box) for specific operation.

VII. Criteria for determination

oneAntibody positive:According to the Diagnostic Technique of Highly Pathogenic Avian Influenza (GB/T 18936-2003), through hemagglutination inhibition test.HITesting,HIAntibody level ≥2^fourThe result was positive.

2Pathogenic monitoring is suspected to be positive:The fluorescence quantification recommended by the state was adopted.RT-PCRDetection method, the result is positive.

three. Positive diagnosis:Individuals suspected to be positive in pathogen monitoring were diagnosed by the National Avian Influenza Reference Laboratory and the results were positive.

four. Positive population:At least detectoneA population of confirmed positive individuals.

VIII. Other matters

(a) monitoring results reported in a timely manner.

Local animal disease prevention and control institutions at all levels will, through the animal health monitoring information system of the National Animal Health Monitoring Information Platform,H7N9Avian influenza monitoring results are reported to China Animal Disease Prevention and Control Center step by step.

If positive individuals are detected, they should be reported to China Animal Disease Prevention and Control Center in time, and the positive samples should be sent to the National Avian Influenza Reference Laboratory for diagnosis; If the diagnosis is positive, the national reference laboratory should complete the analysis and identification of the virus as soon as possible, and report the results to the Veterinary Bureau of the Ministry of Agriculture in a timely manner, and send a copy to China Animal Disease Prevention and Control Center and relevant provinces.

(2) Strict disposal

For the positive group, in strict accordance with the "animals"H7N9Guidelines for Emergency Disposal of Avian Influenza (Trial).

(3) developing animalsH7N9Epidemiological investigation of avian influenza

Once there is human infection,H7N9Bird flu cases, all localities should promptly carry out animal.H7N9Epidemiological investigation of avian influenza.

(D) to carry out animalH7N9Avian influenza related research

National Reference Laboratory of Avian Influenza Should Develop AnimalsH7N9The biological characteristics of avian influenza pathogens and other related research, when necessary, the professional laboratory of avian influenza with relevant qualifications can participate in the relevant detection, diagnosis and research work.

(5) Do a good job in data recording and preservation.

All localities should strictly abide by the relevant management system of monitoring and sampling, and fill in the sampling record form in a standardized way to ensure that the record is true, accurate and traceable.

(6) Strengthen personnel protection

In sampling and monitoring, it is necessary to strengthen personnel protection and strictly implement the Technical Specification for Personnel Protection of Highly Pathogenic Avian Influenza.

　　BEIJING, August 17 (Xinhua)-According to foreign media reports, a large-scale explosion occurred in a commercial center near Santo Domingo, the capital of the Dominican Republic, which caused a fire. At present, the death toll has increased to 27, and local firefighters are still working hard to put out the fire.

　　According to the Associated Press, an explosion occurred in a bakery in the business district of Sancristobal, about 23 kilometers from the capital, on the afternoon of 14th local time. After the explosion, the fire quickly spread from the bakery to the hardware store and a furniture store next door. More than 500 local rescuers and related officials responded quickly and went to the incident to put out the fire and carry out rescue.

　　The Emergency Operations Center announced on the 15th that 59 people were injured in the explosion and more than 500 people and 32 ambulances were dispatched.

　　Juan Manuel Msa Enders, director of the Emergency Operations Center, said on the 16th that rescuers have found all the bodies of the missing persons, but it still takes time to confirm their identities, and some of the injured people died of injuries in the hospital. The Dominican national health department reported earlier that the initial victims included a four-month-old baby.

　　Msa Enders said that the explosion affected a total of 13 shops, four of which were completely destroyed.

　　It is reported that the authorities are still uncertain about the cause of the accident.

　　Dominican President Abbina del said on the 15th that the government would do its best to investigate the cause of the accident and provide necessary help to the families of the victims.

　　The Dominican Presidential Palace announced on the 16th that August 17th will be designated as a national mourning day, and flags will be flown at half mast in military facilities and public buildings across the country.

At the end of 2022, the personal loan rate in Nanjing was as high as 103%.　

The action of "supporting the demand for buying houses because of the city" is still going on, and the recent new provident fund policies in popular cities are particularly eye-catching.

On February 27th, Nanjing Housing Provident Fund Management Center issued "Implementation Rules on Optimizing Relevant Provisions on Withdrawing Housing Provident Fund to Pay for House Purchase in Nanjing" (hereinafter referred to as "Provident Fund Rules"), clarifying that eligible employees can use the balance of provident fund accounts to pay the down payment for house purchase.

From lowering the interest rate of provident fund loans, increasing the loan amount, supporting "business to public" to liberalizing the provident fund for down payment. Since last year, while optimizing the "four limits" and adjusting the housing commercial loan policy, various localities have gradually opened up their initiatives in provident fund. According to the statistics of the Central Finger Research Institute, since 2022, more than 200 provinces and cities (counties) have optimized the housing provident fund loan policy. Except Nanjing, more than 20 provinces and cities such as Fuzhou and Zhongshan have allowed housing provident fund to pay the down payment.

In this regard, Chen Wenjing, director of market research of the Central Finger Research Institute, told reporters that this will help to reduce the early capital turnover pressure of buyers, on the other hand, it can provide additional funds for buyers, reduce the pressure on mortgage loans that has attracted much attention at present, and further release the housing demand. However, while paying attention to the favorable policies for the property market, the industry is generally concerned about whether the relevant policies are "symptomatic", especially in cities with high loan ratios such as Nanjing, which should also consider the liquidity pressure of the provident fund.

Nanjing provident fund can be used for down payment of house purchase.

On February 2nd, the Nanjing Municipal Government mentioned in the "Several Policies and Measures for Promoting the Economic Operation in Nanjing to Take the Lead in the Overall Improvement" that in promoting the release of reasonable housing demand, it supports the withdrawal of housing provident fund to pay the down payment for house purchase, and reduces the turnover pressure of residents’ down payment funds.

Looking at the "Detailed Rules for Provident Funds" specifically, the document clearly states that employees and their spouses who have paid housing provident funds in this city (hereinafter referred to as "house purchasing employees") can sign an agreement with the development enterprise to use the balance in the individual housing provident fund account as the pre-purchase funds; If the employees who purchase the existing housing in Nanjing meet the conditions for house purchase, they can sign an agreement with the seller to use the balance in the individual housing provident fund account as the pre-purchase funds.

This also means that qualified housing workers in Nanjing can reduce the cost pressure by withdrawing the provident fund when purchasing new and second-hand houses. The new regulations will be implemented from the date of issuance and will be valid until December 31, 2023. Based on this calculation, the period for citizens to enjoy the new regulations is about 10 months.

"(The New Deal) is conducive to reducing the pressure on the early capital turnover of buyers and helping to release the housing demand. On the other hand, for buyers who are willing to reduce loan expenses, the withdrawal of provident fund also provides additional funds for buyers, increasing the proportion of down payment that can be paid. " Chen Wenjing pointed out.

Before the new provident fund policy, the frequency of Nanjing’s "policy for the city" has been high, including liberalizing the purchase restriction in some areas, providing subsidies for talents to buy houses, lowering the threshold for buying second homes, etc. In addition, the personal housing commercial loan policy has also been adjusted, which has boosted the property market significantly.

According to the data of the Central Finger Research Institute, the transaction volume of second-hand houses in Nanjing rebounded to around 6,700 sets in January, with a year-on-year increase. In February, the heat of Nanjing’s new housing market also increased significantly. As of February 28, the transaction area was 605,800 square meters, up 52.90% from the previous month and down 7.75% from the same period last year. The average transaction price was 29,492 yuan/m2, down 12.49% from the previous month and 24.39% from the same period last year.

Previously, statistics from the Bureau of Statistics showed that the sales price of new houses in Nanjing rose year-on-year in January, and the chain was changed from a downward trend to the same as last month. Although the price of second-hand housing continued to decline year-on-year, the chain has been reversed. Not only in Nanjing, but also with the support of multi-faceted policies, the national property market has shown signs of overall warming. Data from a number of third-party platforms show that the transaction volume of the property market rose sharply in February, and the year-on-year decline narrowed. Taking second-hand houses as an example, according to the statistics of Zhuge Housing Search Data Research Center, the transaction volume of second-hand houses in key 10 cities has rebounded strongly by 54% since February, with popular cities such as Hangzhou, Qingdao and Chengdu leading the way.

What is the effect of the new provident fund policy?

Nanjing is not the first city to support the withdrawal of provident fund for down payment. As early as 2022, Fuzhou, Xiamen, Zhuhai, Hainan and other cities introduced similar New Deal. According to the statistics of the Central Finger Research Institute, more than 200 provinces and cities (counties) in China have optimized the housing provident fund loan policy since last year, of which more than 20 provinces and cities have allowed the housing provident fund to pay the down payment.

In addition to supporting the withdrawal of provident fund to pay down payment, the main regulatory directions in various places include increasing the amount of provident fund loans, reducing the down payment ratio of provident fund loans, relaxing the criteria for determining the number of housing units according to the records of provident fund loans, supporting provident fund loans in different places, extending the longest loan period of provident fund, liberalizing the "business transfer to the Communist Party" or offering subsidized provident fund loans, and "one person buying a house to help the whole family".

Regarding the increase in the frequency of the new provident fund policy, Yang Kewei, deputy general manager of the Research Center of Kerui Research Center, pointed out last year that in addition to the greater flexibility in the adjustment of the provident fund loan policy, more importantly, the "four-limit" policy toolbox in many cities has gradually been hollowed out, and the demand-side regulation basically has only two options: provident fund and housing subsidy, while the latter will not only increase financial pressure, but the actual stimulus effect is very limited.

Nowadays, the adjustment space of individual housing commercial loan policy is gradually narrowing after many enlargements, especially under the background that there is a certain threshold for lowering the interest rate of the first suite, it is still an important direction to release the demand for buying houses from the housing provident fund, and the policy measures continue to diversify with the follow-up of various places. Chen Wenjing believes that in the short term, all localities will continue to combine the actual situation of their own provident fund use to "make policy according to the city", and support the cities where the provident fund pays the down payment or continue to expand.

However, compared with commercial loans with wider coverage, the effect of the new provident fund policy also varies from city to city. For example, as early as the middle of last year, Kerry Research Center found that the new provident fund policies in various cities have been implemented, but the policies in most cities such as Nanning and Jinhua have had little effect. Only after the implementation of the New Kunming Policy, the proportion of provident fund loan customers has increased.

"Judging from the implementation effect of the new provident fund policy, the actual inciting effect of the policy on the demand for housing purchase is very limited. Most typical cities reflect that only a few customers may increase their willingness to buy houses or turn to provident fund loans because of the relaxation of the provident fund policy." At that time, the reason why the effect was lower than expected was summarized. Yang Kewei pointed out that it was mainly because of the narrow scope of benefits and "medicine is not symptomatic".

How big is the execution space?

Although many cities have implemented the support of provident fund for down payment, another question worth considering is whether the individual loan rates in various places can continue to support the New Deal.

In the middle of last year, Yang Kewei predicted that Jinan, Nanchang, Kunming and other cities have ample liquidity of provident funds, and there is still room for obvious relaxation of policies. However, the liquidity of Nanjing, Dalian and other cities is already tight, and the space for loosening the provident fund policy is limited.

At the 2022 year-end summary meeting of Nanjing Housing Provident Fund Management Center held in January this year, it was mentioned that the city paid 39.093 billion yuan of housing provident fund for employees throughout the year, and the personal loan rate of housing provident fund remained at 103%. Specifically, Nanjing collected a total of 53.582 billion yuan of housing provident fund last year, achieving 107% of the annual target tasks; 28.384 billion yuan of housing provident fund loans were issued, achieving 105% of the annual target.

The so-called personal loan rate of housing provident fund is the ratio of the loan balance of individual housing provident fund to the deposit balance of provident fund. Chen Wenjing pointed out that the personal loan rate in Nanjing is over 100%, which indicates that the fund gap of the provident fund is more prominent. Withdrawing the provident fund as a down payment will further reduce the deposit balance of the provident fund, and the pressure of fund liquidity may increase.

However, Hainan recently mentioned the securitization of provident fund loan assets, or provided reference for some cities with high liquidity pressure of provident fund. According to the data of 2021 National Provident Fund Annual Report, by the end of 2021, the personal loan ratio of Hainan Provident Fund reached 91.14%, which was also at a high level. Chen Wenjing pointed out that asset securitization can improve the use efficiency of provident fund to a certain extent, expand the sources of provident fund funds, and alleviate the fund gap of provident fund loans. If it is actually implemented, it can also provide reference for other regions.

For other cities with relatively loose personal loan rates, Yang Kewei suggested that it is also possible to further "make policies according to the city" according to its own situation. For example, for cities with moderate liquidity whose personal loan ratio is less than 80% or 80% ~ 90%, you can choose to increase the amount of provident fund loans, reduce the down payment ratio, implement "accepting loans but not recognizing houses", allow loans from different places, and let go of "business to public"; For cities with tight liquidity, we can relax the loan policy of using provident fund for the first time or the first suite, temporarily not adjust more than two sets, or support young talents, families with many children and other groups to purchase houses with provident fund.

　　IndonesiaIt is a place where many religions coexist.Bali IslandResidents mainly believe inIndiaTeach, no matter what you areBali IslandYou can feel people’s devout religious beliefs and colorful artistic and cultural atmosphere here anywhere.

　　Today, let’s meet.Bali IslandA coming special festival in culture-Peace Day.

　　Nyepi Day of Silence isIndonesiaThe festival, which started on March 26th, 1936, marks the start of the new year, which is equivalent to the Spring Festival in China. It is held in March every year, and it is a day of silence, fasting and meditation.

　　This year’sBali IslandPeace Day is on March 28th.

　　The moral of Nyepi Festival is to eliminate all bad gods and start a new year. From sunrise, the whole island was almost silent for the next 24 hours. There were no planes taking off and landing, no vehicles running and no electricity available, which meant no fire, no light, no TV to watch and no music to listen to. All shops must be closed except hotels and hospitals. Everyone, including travelers, is not allowed to go to the street.

　　The original intention of the traditional Nyepi Festival is to fool evil spirits into thinking.Bali IslandHas been abandoned, so that they will leave. currentBali IslandThe government has given this festival a new meaning. They regard Nyepi Festival as an innovative model to adapt to climate change and call on the world to accept a global quiet day.

　　In fact, there are colorful festivals before and after Nyepi Festival, and there is a lot of excitement to see. On the eve of Nyepi Festival, large-scale celebrations will be seen everywhere on the island, and people will offer the most beautiful tributes to attract the devil. Their meeting point is the main intersection of each village, where priests hold exorcism ceremonies.

　　Then, the whole island suddenly entered a simulated "chaotic state". People banged kulkul, gongs and drums and cans, set off fireworks and shouted "megedi megedi!" (get out! ) to drive out the devil.

　　What followed was an active ogoh-ogoh (a huge paper monster doll with threatening gestures and horrible faces) street parade. His artistic creation is the result of many hands’ efforts for many weeks. In the end, everything will rise in flames, which will draw a spectacular end to the ceremony.

　　It is believed that the devil who survived this wild party will leave the island in the face of the boring silence the next day.

　　(Image courtesy of AYANA Resort and Spa and used with permission)

　　* On the eve of the Peace Day, visitors participated in the parade, and the atmosphere was harmonious and lively.　

　　(Image courtesy of photographer-Song Xingyu and used with permission)

　　*Bali IslandOgoh-Ogoh made by the people

　　These are huge

　　The grotesque paper statue is made of bamboo.

　　Made of waste paper and cloth.

　　Fill the sample with color after the paper statue is formed.

　　Form rich and intense Ogoh-Ogoh.

　　Making paper statues and celebrations areBali IslandTraditional activities of the new year

　　Similar to southerners visiting the flower street on the eve of the Spring Festival.

　　Northerners catch temple fairs during the Chinese New Year.

　　(Image courtesy of photographer-Song Xingyu and used with permission)

　　(Image courtesy of photographer-Song Xingyu and used with permission)

　　(Image courtesy of photographer-Song Xingyu and used with permission)

　　* Adult men carry paper statues of Ogoh-Ogoh gods for carnival and parade.

　　Adults and children also enjoy it in this vibrant festival.

　　* Foreign tourists and children participate in celebrations in AYANA Hotel.

　　(Image courtesy of AYANA Resort and Spa and used with permission)

　　* Women in traditional costumes on Peace Day.　

　　(Image courtesy of AYANA Resort and Spa and used with permission)

　　* Local children play with mini Ogoh-Ogoh.

　　(Image courtesy of photographer-Song Xingyu and used with permission)

　　Bali Island　Raya Sesetan in Banjar Kaja is the only surviving community that holds a "public kissing tug-of-war" on New Year’s Eve. This tug-of-war is called Med-medan, in which young boys and girls line up and pull each other until the other side kisses their cheeks as the winner. At the same time, the audience usually splash water on them to form a funny and lovely picture.

　　At sunset, islanders began to hold Ngrupuk ceremony, burning Ogoh-Ogoh, which meant taking away all the bad things and welcoming the new year. This wonderful, incredible and superstitious celebration just expresses the local people’s awe of religion, respect for tradition and positive yearning for life. .

　　This year’s Peace Day (Nyepi)

　　It was on March 28th.

　　It is also a day of silence, hollowness and meditation. All shops are closed except hotels, hospitals and police stations. After the dreamlike carnival, the surrounding environment will become pleasant, quiet and peaceful. The setting of this festival is actually to hope that the noisy heart will have a half-hour silence and tranquility, so that everyone can return to inner peace. On the day of tranquility,Bali IslandPeople will stop their activities, and there is no one on the street. Only security officer Pecalang patrols the street.

　　People’s Daily Online, Shenyang, November 14 (Reporter He Yong) Starting from this year, outpatient intravenous infusion in medical institutions above grade 3 (except pediatric hospitals or pediatric clinics) will be completely cancelled; By the end of next year, all hospitals above the second level should join the monitoring network of clinical application of antibacterial drugs and bacterial resistance in the province; The top 10 physicians of each drug prescription amount are publicized in the whole province … …

　　In order to further control the use of drugs, reduce the abuse of antibiotics, and improve the level of rational use of drugs and medical services, the Liaoning Provincial Health and Family Planning Commission recently issued the Notice on Further Implementing the Key Work Plan of the Action Plan for Further Improving Medical Services.

　　According to the plan, this year, Liaoning will gradually cancel the outpatient intravenous infusion in medical institutions (except pediatric hospitals or pediatric outpatient clinics) above the third level, and patients in emergency and daytime surgery can take intravenous infusion treatment under the condition of strict control of indications.

　　In view of the problem of excessive drugs in some medical institutions, the Notice also requires medical institutions in all parts of the province to account for no more than 30% of drugs, and the utilization rate of antibacterial drugs for Class I incisions should not exceed 30%. Before the end of 2017, tertiary hospitals and 50% secondary hospitals in Liaoning Province must join the "Monitoring Network for Clinical Application of Antibiotics and Monitoring Network for Bacterial Resistance"; Before the end of 2018, all medical institutions above the second level in Liaoning Province should be included.

　　According to the responsible comrades of the Medical Affairs Department of the Provincial Health Planning Commission, at present, several major hospitals in Shenyang have cancelled outpatient infusion, and the First Affiliated Hospital of China Medical University, the Second Affiliated Hospital and the Provincial People’s Hospital have all cancelled outpatient infusion, and all tertiary hospitals will stop before the end of the year. The reporter learned in Shengjing Hospital (the Second Affiliated Hospital) that at present, infusion has been cancelled in other clinics except pediatric clinics and emergency departments.

　　The relevant person in charge of the Provincial Health and Family Planning Commission said that in order to strengthen the management of clinical drug use, medical institutions above the second level in the province need to take the top 10 drugs with the total monthly purchase amount as the list of drugs to be monitored by their own institutions, and publicize the top 10 doctors with the prescription amount of each drug. At the same time, hospitals need to establish a special prescription review system for key monitoring drugs, and instruct relevant departments and doctors to implement improvement measures for problems.

　　According to experts, many outpatient diseases do not need infusion, but at present, there is a common phenomenon of abuse of antibacterial drugs in patients with colds and diarrhea after surgery. "If you can take medicine, don’t give an injection, and if you can give an injection, don’t give an infusion" is the World Health Organization’s medication principle. Because oral drugs are absorbed by the gastrointestinal digestive system, not by the blood circulation system, it has less side effects on the body; Intravenous drugs directly inject drugs into the blood, participate in the internal circulation, have a heavy metabolic burden on the liver and kidney, and are easy to cause adverse reactions, and even sudden death in severe cases.

　　According to incomplete statistics, China’s annual infusion volume exceeds 10 billion bottles, which is equivalent to 8 bottles per 1.3 billion people. Three out of every 10 outpatients are infused, far higher than the global level of about 2 bottles. Even many people think that infusion can make the disease better faster, and even if it is not sick, it can supplement nutrition.

Original maxiao people esports

Produced by | People’s E-sports

Author | Ma Xiao

Edit | Kevin

On April 11th, 2024, Blizzard Entertainment and Netease jointly announced an updated agreement to bring World of Warcraft, Hearthstone and other series of games based on their respective game universes of Warcraft, Watching Pioneer, Diablo and StarCraft back to China.

At this time, it has been more than a year since Blizzard went offline on January 24, 2023. In such a period of time when the e-sports industry is undergoing drastic changes, what is the development of Blizzard e-sports projects without national service participation?

Starcraft ii

On February 13th, 2023, China’s Li Peinan made history at the IEM Katowice Station, becoming the first player in the history of e-sports in China to win the World Championship of StarCraft II.

As an old hardcore e-sports project with a long history, the withdrawal of the national service has not brought much influence to the players and die-hard fans.

Li Peinan participated in WTL2022 Winter Tournament, WTL2023 Summer Tournament and ESL Masters 2023 Winter Tournament: Asia and WTL2023 Winter Tournament after Katowice Station in 2023. Excluding the $150,000 brought by the champion in Katowice, the frequency and bonus of other events are almost the same as that in 2022.

From a global point of view, according to the statistics of Esports Charts, the overseas viewing and total prize pool of StarCraft II e-sports in 2023 has remained at a stable level, showing the tenacious vitality of the old e-sports projects. It is no wonder that the Saudi E-sports World Cup announced early that StarCraft II was selected as one of the official events. The involvement of Saudi Arabia may also inject new development momentum into StarCraft II.

Watch the pioneer (2)

At the end of 2023, two-thirds of the Watch Pioneer League teams voted to terminate the agreement, and the Watch Pioneer League officially announced that it would stop operating.

Such a grand e-sports plan, which was once planned to spread all over major cities in the world and hold large-scale offline activities, rivaled NBA and NFL, once attracted hundreds of millions of funds from investors all over the world, and finally bid farewell to the historical stage, leaving each team with a severance fee of 6 million US dollars.

The peak ratings of the final OWL remained at 157,000, far less than the 397,000 in 2022. After Microsoft completed the acquisition of Activision Blizzard, the media reported that Activision Blizzard had fired more than 80% of its e-sports department employees, and the total number of employees in this department is only 12. And the various changes in the development process of Watch Pioneer 2 will not enhance people’s confidence in this project.

The only good news is that the peak ratings of Watch Pioneer World Cup in 2023 can still exceed 300,000, indicating that Watch Pioneer still has a certain audience in the global e-sports market.

After Blizzard decided to watch the Pioneer Championship Series (OWCS) as a tour, EFG, a third-party competition organization supported by Saudi Arabia, will be responsible for EMEA and North America, while WDG will be responsible for South Korea. In the post-Watch Pioneer League era, the grassroots community has regained the space for development.

Hearthstone

Hearthstone legend is an iconic card-type e-sports project. In the 2018 Asian Games in Jakarta, Hearthstone legend is an e-sports performance project. However, by the Asian Games held in Hangzhou in 2023, Hearthstone legend failed to become an official event.

The official website of Hearthstone Legend published the competition rules of Hearthstone 2023 on January 19th, and wrote in the FAQ under the bulletin board: "Players living in Chinese mainland will not be eligible to participate. After (Blizzard) establishes a new distribution partnership with Chinese mainland, the qualification of (players’ participation) may be reassessed. "

In the global arena, hearthstone legend has also entered a state of total atrophy. After three consecutive years of peak viewing of around 50,000, the bonus in 2023 has shrunk sharply to a quarter of that in 2022. It is no exaggeration to say that Hearthstone professional e-sports has reached the critical moment of life and death.

World of Warcraft

World of Warcraft may be the least "forced e-sports" project under Blizzard.

Thanks to a large number of players all over the world, this MMORPG game with a history of nearly 20 years is becoming the most surprising growth point of Blizzard’s e-sports content.

Whether it’s the first kill, the MDI Dungeon Race, or the hardcore flag-cutting competition, World of Warcraft e-sports developed rapidly in 2023, attracting more and more attention from anchors, clubs and players. According to the statistics of Esports Charts, in 2023, the peak viewing rate of the hardcore service Maggola death match exceeded 300,000, which was six times of the peak data of World of Warcraft in 2022, and it also set a record for the project.

It can be expected that, with numerous China players re-logging into the national costume, the prosperity of overseas World of Warcraft e-sports will inevitably arouse the interest of more players, anchors, clubs and platforms in China.

tag

As a game manufacturer that has had a great influence on the historical development of e-sports, China players have unique feelings for Blizzard.

However, in recent years, the sudden death of storm heroes, castles in the air watching pioneers, and numerous storms before and after the suspension of national service may all affect people’s confidence in Blizzard’s e-sports projects.

The return of the national costume is naturally a good thing for the majority of players. However, how much impact Blizzard e-sports has on the domestic e-sports market needs more observation.

You have news leads? Send an email with the title [clue] to esport@people.cn, and leave the rest to us.

Selected articles in previous issues

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Original title: "In the year when the national service was absent, how did the Blizzard e-sports project develop? 》

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　　BEIJING, Dec. 25 (Xinhua)-Guangzhou Housing Provident Fund Management Center disclosed the notice on printing and distributing the measures for the administration of Guangzhou housing provident fund withdrawal on the 25th.

　　The notice is clear,If the depositor meets any of the following circumstances, he may apply for withdrawing the storage balance in the housing provident fund account:

　　(a) the purchase of owner-occupied housing within the administrative area of this Municipality; Purchase self-occupied housing in the province where the depositor or spouse is registered;There is no self-owned housing within the administrative area of this Municipality, and the owner-occupied housing is purchased in Guangdong Province.

　　(two) the construction, renovation and overhaul of owner-occupied housing within the administrative area of this Municipality; Construction, renovation and overhaul of owner-occupied housing in the province where the depositor or spouse is registered; There is no self-owned housing within the administrative area of this Municipality, and self-occupied housing is built, renovated or overhauled in Guangdong Province.

　　(three) in the administrative area of this Municipality, the depositor, spouse or both parents have the ownership of the existing residence to add elevators.

　　(four) the depositor and his spouse, minor children in the administrative area of this Municipality have no own property housing and rent a house for self-occupation.

　　(5)Laid-off and unemployed persons, men over 45 years old and women over 40 years old, have been laid off and unemployed for 12 months in a row until the month of application.

　　(six) non registered employees and units to terminate or terminate the labor relationship, not to continue to deposit in different places, accounts sealed for half a year.

　　(7)Retired or retired.

　　(eight) completely lose the ability to work, and terminate the labor relationship with the unit.

　　(9)Leaving the country to settle down.

　　(10) If the depositor dies or is declared dead, his heirs and legatee may apply for withdrawing the balance stored in the depositor’s housing provident fund account.

　　(eleven) other circumstances stipulated by the state, Guangdong Province and Guangzhou City.

　　In terms of extraction frequency and quotaAs mentioned in the notice, those who purchase self-occupied houses by non-mortgage shall apply within two years of actually paying the house purchase price, and can withdraw once every three months, and the total amount of withdrawal shall not exceed the actually paid house purchase price.

　　In addition, if the owner-occupied house is purchased by mortgage, an application can be made before the settlement of the house purchase loan, and the total amount of withdrawal shall not exceed the actual principal and interest paid for the house purchase. The use of the city’s housing provident fund loans, the withdrawal of the per capita should apply for monthly repayment, with the deposit account as the only repayment account, deducted according to the deduction order agreed in the loan contract until the loan is settled.

　　The housing provident fund deposit shall give priority to the repayment of housing provident fund loans. During the monthly repayment period, the drawee can withdraw the balance of the account once, and the withdrawal amount does not exceed the actual down payment, and the balance of the housing provident fund account can also be used to repay the housing provident fund loan in advance. After the loan is settled, it can be withdrawn once every 3 months until the accumulated withdrawal amount reaches the total amount. If the loan is not repaid on a monthly basis, it can be withdrawn once every 3 months until the accumulated withdrawal amount reaches the total amount that can be withdrawn.

　　Extraction procedure aspectWhen the depositor applies for withdrawing the housing provident fund, it shall submit relevant materials to the provident fund center (the specific materials required shall be determined and published by the provident fund center according to the actual situation), and the provident fund center shall make a decision on whether to approve or disapprove the withdrawal within 3 working days from the date of receiving the withdrawal application; If the withdrawal is approved, the entrusted bank shall go through the payment formalities.

　　If the depositor meets the extraction conditions of these measures, he shall apply for extraction; If the depositor dies or is declared dead, his successor or legatee shall apply for withdrawal; If the depositor is really in difficulty and cannot apply for withdrawal in person, he may entrust the unit housing provident fund business manager, spouse, lineal blood relative or notary to entrust others to apply for withdrawal; Persons with no capacity for civil conduct and persons with limited capacity for civil conduct shall apply for extraction by their guardians.

　　On the same day, Guangzhou Housing Provident Fund Management Center releasedPolicy Interpretation of Guangzhou Housing Provident Fund Withdrawal Management Measures.

1. Q: Where can the depositor withdraw the housing provident fund when buying a house?

　　Answer: In any of the following circumstances, the depositor or spouse can withdraw:

1. Purchase owner-occupied housing with ownership in Guangzhou;

2. Purchase owner-occupied housing with ownership in the province where I or my spouse is registered;

3. Guangzhou has no self-owned housing, and buys self-occupied housing with ownership in other cities in Guangdong Province.

2. Q: Where can the depositor withdraw the housing accumulation fund when building, renovating or overhauling the house?

　　Answer: In any of the following circumstances, the depositor or spouse can withdraw:

1. Construction, renovation and overhaul of owner-occupied housing with ownership in Guangzhou;

2. Construction, renovation and overhaul of owner-occupied housing with ownership in the province where I or my spouse is registered;

3. If Guangzhou has no housing with its own property rights, build, renovate or overhaul the owner-occupied housing with ownership in other cities in Guangdong Province.

3. Q: How do depositors who jointly purchase houses divide the withdrawal amount of housing provident fund?

　　A: The total withdrawal amount of all extractors shall not exceed the actual purchase expenditure. If the property owner is a spouse, the withdrawal amount is not divided into proportions. If the property owner is a non-spouse relationship, if the property share of the house has been clearly defined, the extractable amount shall be calculated according to the property share; If the share of property rights is not clear, the withdrawal amount shall be calculated on average according to the number of property owners.

4. Q: Can the depositor who repays the loan on a monthly basis withdraw the housing provident fund during the monthly repayment period?

　　Answer: You can withdraw the balance of your account at one time, and the withdrawal amount shall not exceed the actual down payment. If the account balance has been withdrawn once during the monthly repayment period, it cannot be withdrawn again, but the remaining account balance can be used to repay the housing provident fund loan in advance.

5. Q: Can the depositor who repays the loan on a monthly basis withdraw the housing provident fund after the housing provident fund loan is settled?

　　A: Yes. After the housing provident fund loan is settled, it can be withdrawn once every 3 months until the accumulated withdrawal amount reaches the total amount.

6. Q: How often can a purchaser who fails to repay the loan on a monthly basis withdraw the housing provident fund?

　　A:You can extract it once every 3 months.Until the cumulative withdrawal amount reaches the total amount that can be withdrawn.

7. Q: When should I apply for the withdrawal of housing provident fund from the recorded lease contract? How to calculate the withdrawal limit?

　　Answer: After the depositor has paid in full (excluding supplementary payment) for three consecutive months, he will apply within the lease period, and the withdrawal amount shall not exceed the actual paid rent. The calculation method of withdrawal amount is actual monthly rent × actual lease months. There is no limit on the area of the leased house, but if the monthly rent exceeds 40% of the average monthly salary of employees in this city last year, the excess cannot be extracted.

8. Q: What is the withdrawal amount for which there is no lease contract or the lease contract has not been filed?

　　A: At present, it is 1,400 yuan per person per month. According to the Notice of Guangzhou Housing Provident Fund Management Committee on Continuing to Implement Guangzhou Provident Fund Management Committee [2015] No.5 Document (Guangzhou Provident Fund Management Committee [2021] No.1), the withdrawal amount can be calculated from January 2015, not earlier than my account opening time.

9. Q: How to calculate the withdrawal amount of multi-child families who have no lease contract or whose lease contract has not been filed?

　　A: For families with two or more children (at least one child is underage), the withdrawal amount can be increased by 40%, that is, the monthly withdrawal amount of each depositor is ×(1+40%), which is currently 1,400 yuan× (1+40%) = 1,960 yuan.

10. Q: How often can a depositor who applies for renting a house withdraw his housing provident fund?

　　A: It can be extracted once every three months.

11. Q: Under what circumstances can the depositor apply for adding an elevator to the existing house?

　　A: In the administrative area of this Municipality, depositors can apply in any of the following circumstances:

1. Adding an elevator to the existing residence owned by himself or his spouse;

2. Adding elevators to the existing houses owned by my parents;

3. Adding an elevator to the existing residence owned by the spouse’s parents.

12. Q: What channels can depositors apply for withdrawal of housing provident fund?

　　A: The depositor can apply through the website of Guangzhou Housing Provident Fund Management Center or WeChat WeChat official account, or go to the branch of the collection bank of Guangzhou Housing Provident Fund Management Center. (Zhongxin Jingwei APP)

　　Source: Zhongxin Jingwei