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The film will be released on December 8.

Special feature of 1905 film network A movie released on December 8 is called "can scare you out of deep-sea phobia".This movie is 47 Meters Down, also known as 47 meters down, which tells the thrilling adventure story of human encountering sharks in the sea.

　

Two sisters, Lisa (Mandy Moore) and Kate (claire holt), who are vacationing at the Mexican seaside, are watching sharks in a shark cage when the rope involved in the cage suddenly breaks, and they are trapped in the sea 47 meters deep. Faced with the double threats of lack of oxygen and sharks, they try to save themselves while waiting for rescue.

　

The blood-stained sea water and the smell of blood in the sea water seem to cross the screen, so that we at the other end can also feel the real fear in the protagonist’s heart.

　

So,What is deep-sea phobia?

　

Deep-sea phobia is a kind of phobia (including acrophobia, claustrophobia, social phobia, etc.). The formation of phobia is related to genetic factors, acquired experience and other factors. Facing the claustrophobic ocean, people will feel negative emotions such as fear and anxiety. Human fear of the deep sea can be roughly divided into the following four levels:

　

First, the fear of suffocation

I feel anxious and afraid of uncontrollable accidents such as falling into the water and drowning, especially for those who can’t swim.

　

Second, the fear of claustrophobia

The sunlight from the sea surface gradually weakens with the water depth, forming a dark and cold closed space, as if it could devour everything. Even if there is enough oxygen, human beings are prone to negative and anxious emotions when they stay here for a long time.

　

Third, the fear of aquatic life

These include marine creatures that are aggressive to human beings, such as giant squid, and giant aquatic creatures that suppress human beings, such as sperm whales.

　

Fourth, the fear of unknown creatures in the deep sea

Because human beings still know little about the deep sea, they hold imagination and fear about this mysterious field. Whether there are terrible unknown creatures underwater still needs scientific confirmation.

　

I believe you must know something about deep-sea phobia now, so use the following movies to test whether you have deep-sea phobia or not!

　

Let’s warm up with a set of animation first, Are you ready?

How’s it going? It is said that people with deep-sea phobia will feel dizzy and suffocated when they see these pictures. If you can’t see it here, then it means that you are extremely afraid of the deep sea. You are suitable for living on land, and everything in the ocean is not suitable for you.

　

Tips:So far, if you think you have a certain tolerance for the deep sea, please continue to test;(The picture below may really, really, really cause discomfort)If you are a non-combatant who is frightened by the above four pictures, please click "Return" in the upper left corner and evacuate quickly!

According to the latest data released by the Automotive Market Research Branch of the China Automobile Dealers Association (Passenger Association), domestic MPV sales 86,000 in August, up 11.3% year-on-year and 2.9% month-on-month; the cumulative sales from January to August 599,000, down 17.6% year-on-year. Although with the liberalization of the two-child policy, many media have begun to predict that MPV sales will rise sharply, it can be seen from the data that the MPV market is not as hot as imagined, and even declined year-on-year last year.

Note: The sales data is derived from the [Monthly Ranking] Sales Ranking Express of the Passenger Association in August 2022.

1. Wuling Hongguang still tops the chart. Sure enough, what the people need, Wuling will make;

2. The Trumpchi M8 fell out of the top five, and the competition among MPV head models became increasingly intense.

3. The number of pure electric MPVs in the TOP15 has increased, and more pure electric MPVs may enter the list in the future.

As a production tool for many people to get rich, Wuling Hongguang has topped the chart MPV list with ultra-low post-use costs and intensive sales outlets. Today, Wuling Hongguang has spread its legend in many deserts and mountains through the Internet, which shows the strength of its reliability.

GL8 has always been an MPV benchmark product, and sales have been relatively stable all year round. Recently, GL8 has also ushered in relatively large changes, with a new design on the front face. Some people say it is more atmospheric, and some people think it is not as classic and durable as the original shape. In fact, everyone has his own tastes in appearance, but the product power of Buick GL8 is still very good, and it is the priority option for many consumers when choosing mid-to-high-end MPVs.

If there is anyone who can compete with the Buick GL8 in the mid- to high-end MPV, it may be the Toyota Saina. When the Toyota Saina first started selling at affordable prices, it even surpassed the Buick GL8 for a while, but sales have gradually declined in the past few months, and the gap between the two cars is gradually widening. Could it be that the Saina is not fragrant without increasing the price?

From the data, it can be seen that except for Saina, which has no growth data because it does not have last year’s sales results, the models in front of Dongfeng Fengxing are declining, only it bucked the trend and increased by 57.3% year-on-year. Dongfeng Fengxing released its latest models in June and July, constantly filling its own MPV mid-range market, and the future market performance is worth looking forward to.

Compared with Wuling Hongguang, Wuling Jiachen places more emphasis on household attributes, and the consumer population it faces is also younger. People need a cost-effective entry-level MPV that can be used by a two-child family. This is Wuling again.

In general, although MPV models are very popular now, and many manufacturers have launched their own new MPV models targeting this market, from the sales data, consumer demand has not increased significantly at present. It is worth noting that the pure electric MPV in the TOP15 has one more model compared to the previous month, and it seems that the new energy MPV has slowly entered the consumer’s field of vision. What are your thoughts on these models on the list? Welcome to discuss with us in the comment area. (Wen/Pengrui)

[Autohome Yichang Discount Promotion Channel] brings you the latest preferential information. The focus model is currently under a quite strong promotion. In the beautiful city of Yichang, car buyers can enjoy a cash discount of up to 28,000 yuan, which further reduces the already very competitive starting price of eπ 008, with a minimum price of only 188,600 yuan. This is a great opportunity not to be missed. Friends who want to seize this discount, please be sure to click "Chatty Car Price" in the quotation form to get a higher car purchase discount.

eπ008以其流线型的车身设计和大气的侧面轮廓给人留下深刻印象。它的长宽高分别为5002mm x 1972mm x 1732mm，轴距达到了3025mm，确保了车内空间的宽敞与舒适。前后轮距均为1650mm，这种均衡的布局不仅提升了行驶稳定性，也让车身比例显得协调。令人注目的是，eπ008采用265/45 R21规格的轮胎，轮胎尺寸的选用强调了其运动性能，搭配精致的轮圈风格，共同塑造了车辆独特的侧面视觉效果。

内饰方面，eπ008以现代简约与科技感为主调，展现出豪华与实用并存的氛围。方向盘采用精致的皮质材质，不仅触感舒适，还支持手动上下+前后调节，以适应驾驶者的个性化需求。中控台上，15.6英寸的高清触控屏占据中心位置，集成多媒体系统、导航、电话以及空调控制功能，为驾驶者带来智能化操作体验。座椅方面，采用了仿皮材质，主副驾驶座均配备前后调节、靠背调节以及腰部支撑功能，且带有加热、通风功能，确保长途驾驶的舒适性。驾驶位和副驾驶位还具备电动座椅记忆功能，而第二排座椅则支持前后调节、靠背调节以及腿部支撑，具备良好的乘坐空间。此外，车辆还配备了后排座椅比例放倒功能，提升了空间利用率。

车系eπ008搭载了一款1.5T涡轮增压发动机，其最大功率达到了108千瓦，能够提供210牛·米的峰值扭矩。这款发动机的性能表现强劲，配合电动车单速变速箱，确保了车辆的动力输出和高效运行。

总结而言，汽车之家车主对eπ008的评价无疑揭示了这款车型的魅力所在。其大气的外观设计、高效的动力系统以及宽敞的车内空间都赢得了车主的认可。特别是车机语音助手的出色表现，精准的响应令人印象深刻。这些亮点共同塑造了eπ008在市场上的卓越形象，让人期待更多车主能亲身感受这款车型所带来的驾驶乐趣。

On October 26th, Firebird, the first outdoor immersive drama in China, premiered at Roewe Shanghai Children’s Art Theater. The play ran for six consecutive performances, with 10% to 20% seats open. Nearly 60 groups of children with special needs such as autism spectrum disorder, learning disabilities and developmental retardation and their families were invited to watch the play for free. Due to the weather, the premiere was moved indoors, and the enthusiasm of the small audience remained the same.

Firebird

Firebird is another powerful combination of Roewe Shanghai Children’s Art Theater and British Banbuluo Troupe, which combines drama, music, hand puppets, props and games. The theater is equipped with barrier-free seats, sensory friendly rooms and professional volunteers to ensure the viewing experience of audiences with different needs. All the tickets for the performance will be used for the follow-up development of the "Starfish Wish" special needs children’s art inspiration public welfare project. The audience said that they had heard of "autism", but the performance made them approach children with special needs and their families for the first time and deeply felt that "art has no boundaries and love has no difference".

The small audience responded enthusiastically to Firebird.

Roewe Shanghai Children’s Art Theater has cooperated with British Banbuluo Theatre for 7 years. As the only theater in China that continuously provides artistic inspiration for children with special needs, it provides free immersive dramas for families of children with special needs every month, and has performed more than 400 performances and served more than 5,000 groups of children with special needs.

On October 23rd, more than 30 professional workers from special education, children’s medical social work, psychological consultation, drama performance and other fields shared their experiences and information around "giving children value", "creating a safe environment" and "100% attention and investment".

Recently, Roewe Shanghai Children’s Art Theater released the first sensory-friendly service manual for children’s theaters in China, which helps children’s audiences get a better viewing experience in the theater by combining pictures and texts. In the future, the theater will fully consider the needs of different children, adopt special audio equipment and lighting design, adjust the sound, light, smell, etc., reduce the sensory stimulation to children, and enhance the children’s audience’s experience in the theater; Set up special rest areas and auxiliary facilities to provide convenience for children and families with special needs, and build it into the first sensory-friendly children’s theater in China.

Shen Li, general manager of Roewe Shanghai Children’s Art Theater, said that the theater emphasizes "equality and respect, love and care, inspiration and creation" and adheres to the concept that "every child has the right to enjoy art". After seven years’ practice, the theater has formed a public welfare project model which integrates immersive drama inspiration, actor team incubation, professional training and volunteer team organization. In the future, the theater will strengthen in-depth cooperation with foreign high-quality performing arts teams, special education institutions, medical institutions, etc., extensively link resources from all walks of life, and radiate the achievements of the special needs children’s art inspiration project and the high-quality experience of integrating immersive drama to the Yangtze River Delta and more urban areas across the country, benefiting more children’s families.

Editor-in-Chief: Li Junna

Author: Zhuge Yi

　　On the afternoon of July 9, 2020, 40 Haikou students and 12 Yongxing school students sat in their respective classrooms in the 5G synchronous classroom of Haikou Affiliated School of Beijing Normal University, and had a music lesson with them through 5G network connection, learning minority folk songs — — Brave Oroqen. Photo courtesy of vision china (data picture)

　　"I would like to inform you of some data. As of yesterday, the total number of views of the National Smart Education Platform was about 4 billion, and the total number of visitors exceeded 600 million. It should be said that this digital education platform has been accelerated on the existing basis, and accelerating the construction of high-quality resources has made positive efforts and contributions to promoting the digitalization of education and the international influence and discourse power of digital education in China. " On September 9th this year, Huai Jinpeng, Minister of Education, described the progress made in the informationization and digitalization of education in China with the latest data at the press conference organized by Publicity Department of the Communist Party of China.

　　In 2011, compulsory education was fully popularized in China, and the problem of school-age children’s "learning" was fundamentally solved, which was followed by the increasingly strong demand of parents of students for "learning".

　　After the founding of New China, China’s education has solved many problems: eliminating illiteracy, popularizing compulsory education, and developing higher education by leaps and bounds. However, when the development of education has reached a higher level, the challenges will be greater with each step. Especially in the decade after 2012, it is in the stage of faster knowledge updating and faster economic and social development. How to answer the compulsory question of "going to school" has become another challenge for education in China.

　　The top-level design is available.

　　In 2015, the Supreme Leader of president made it clear in his congratulatory letter to the International Conference on Education Informatization that in today’s world, scientific and technological progress is changing with each passing day, and modern information technologies such as the Internet, cloud computing and big data have profoundly changed the way people think, produce, live and learn, and profoundly demonstrated the prospects of world development.

　　The Supreme Leader said that China has made unremitting efforts to promote education informatization and expand the coverage of quality education resources by means of informatization. Through the informationization of education, we will gradually narrow the digital gap between regions and urban and rural areas, vigorously promote educational equity, and let hundreds of millions of children share quality education under the blue sky and change their destiny through knowledge.

Breaking the "fence": "a screen" illuminates the fair road

　　Zheng Xudong, a professor at the Department of Artificial Intelligence Education of Huazhong Normal University, said that China’s education informatization started at the turn of the century, and it has been more than 20 years, and the first stage was completed around 2010. The main task is the construction of information technology infrastructure, with the "Modern Distance Education Project in Rural Primary and Secondary Schools" as the representative. Through the application of modern information technology, the material foundation and technical environment of China’s education development have been greatly improved.

　　When the hardware conditions are guaranteed, it is possible to develop education in different regions in a balanced way and narrow the gap between urban and rural education.

　　In the decade after 2010, China’s education informatization ushered in a leap-forward development.

　　In 2010, the State Council promulgated the Outline of the National Medium-and Long-Term Education Reform and Development Plan (2010-2020), pointing out that "education informatization is the strategic commanding height to promote education reform and development, and information technology has a revolutionary impact on education development". In 2012, the Ministry of Education formulated and issued the first 10-year development plan of educational informatization to accelerate the process of educational informatization. In 2016, the Ministry of Education issued the 13th Five-Year Plan for Education Informatization. "At this stage, the top-level design and planning of education informatization at the national level are intensively released, which reflects the country’s firm implementation of ‘ Promoting educational modernization with educational informatization ’ The determination of the national strategy. " Professor Guo Jiong, Dean of the College of Educational Technology of Northwest Normal University, said.

　　Then, in October 2017, "running online education well" was written into the report of the 19 th National Congress of the Communist Party of China. In 2018, the Ministry of Education issued the Education Informatization 2.0 Action Plan; in 2019, the Central Committee of the Communist Party of China and the State Council issued the Education Modernization in China 2035; and the General Offices of the General Office of the Central Committee of the CPC and the State Council issued the Implementation Plan for Accelerating Education Modernization (2018-2022).

　　With the promotion of a series of heavy policies, China’s education informatization construction has formed a stable development model. It is understood that by the end of 2021, the internet access rate of primary and secondary schools (including teaching points) in China has reached 100%, and the schools that are not connected to the internet have been dynamically cleared. By the end of 2021, 99.5% of primary and secondary schools in China have multimedia classrooms, with the number exceeding 4 million, of which 87.2% have achieved full coverage of multimedia teaching equipment.

　　When "a screen" lights up in every classroom in urban and rural areas, what changes will it bring to education?

　　In 2017, the reporter of Zhongqingbao Zhongqingwang went to Yongxing School in Sansha City, Hainan Province for an interview. This school located at the southernmost tip of the motherland has a total of 32 students, including 24 kindergarten students. A mixed-age class has been established, with 8 primary school students, including 5 in grade one, 2 in grade two and 1 in grade five. The primary school adopts the re-examination teaching mode.

　　In order to let the children on the island also enjoy high-quality educational resources, some subjects in the school use the mode of information technology. When the reporter came to the school, eight primary school students in Yongxing School were having music lessons in a synchronous classroom with a class in Haikou Binhai Nine Primary School. I saw that the intelligent interactive whiteboard in front of the classroom had been networked, and the picture on the big screen was the teachers and students of Haikou Binhai Nine Primary School.

　　"Good teacher! Good friends! " Through the big screen, students from the two places greet each other in a familiar way. It is understood that this is also the practice of children’s vocalization.

　　According to a teacher, synchronous classes occupy a considerable proportion in school teaching. Only the Chinese subjects he teaches have synchronous classes twice a week.

　　“‘ A screen changes a child’s fate ’ The core is to realize the sharing of intellectual resources of excellent teachers. " Guo Jiong said that the "three classes" proposed by our country is a typical sharing of intellectual resources. Synchronous classes are designed to solve the problem that weak schools can’t open, can’t open completely, and can’t open well. The ideal state of a collaborative teaching activity between high-quality school teachers and weak schools is collaborative lesson preparation, collaborative teaching, collaborative reflection, etc. In this process, students in weak schools share teachers’ resources in high-quality schools and teachers in weak schools learn.

　　The success of "one screen" has made urban and rural education begin to integrate and broken the fence between classrooms. All this has opened a window for students, and "one screen" plays an important role in promoting educational equity.

Connecting the inside and outside: "one screen" opens the door to quality improvement

　　On October 12, 2021, many junior one teachers from Guangqumen Middle School in Dongcheng District of Beijing and Zhangziying Middle School in Daxing District entered the conference room of the online platform in their respective schools. On the same day, the teachers of the two schools will jointly prepare lessons for the "One Yuan One Equation" unit of Grade One. The difficult problems to be discussed and solved by several teachers are "analyzing students’ learning from ‘ Arithmetic thinking ’ To ‘ Algebraic thinking ’ The transformation process of ""design a large unit theme teaching design based on core literacy for the teaching content of this chapter ".

　　"Since 2020, China’s education has entered a new stage of digital transformation." Zheng Xudong said that education informatization began to devote itself to promoting the transformation of education from labor-intensive to technology-intensive through the innovative application of a new generation of information technology represented by artificial intelligence, driving the overall reform of education, changing teachers’ teaching methods, students’ learning methods and school development methods, and building a high-quality education system.

　　In 2022, the Ministry of Education launched the strategic action of digital education, and vigorously promoted the integration of high-quality resources and public services. The landmark event of this action was the opening of the national smart education platform. The National Smart Education Platform is a comprehensive platform for national education public service, focusing on five core functions: student learning, teacher teaching, school governance, empowering society and educational innovation. The first phase of the project includes four sub-platforms: the National Smart Education Platform for Primary and Secondary Schools, the National Smart Education Platform for Vocational Education, the National Smart Education Platform for Higher Education and the National Employment Service Platform for College Students.

　　On March 29th, 2022, Lv Yugang, Director of the Department of Basic Education of the Ministry of Education, introduced the trial operation of the National Smart Education Platform for Primary and Secondary Schools, which was revised and upgraded on the basis of the original National Network Cloud Platform for Primary and Secondary Schools.

　　"The total amount of resources has been greatly increased." Lv Yugang said that on the basis of the original two resource sections of thematic education and curriculum teaching, the platform has added eight sections, including sports, aesthetic education and labor education, with a total of 51 secondary columns; A number of important professional websites, such as China National Museum and China Digital Science and Technology Museum, are also linked, and the resources are more abundant.

　　As of October 10, 2022, the total existing resources of the platform have reached 44,000, four times that before the revision; It has integrated more than 10,000 ministerial-level excellent class resources precipitated by the previous activities of "One Teacher, One Excellent Class, One Teacher", and tens of thousands of ministerial-level excellent class resources are being sorted out and will be launched on the platform one after another; The number of visits to the national smart education platform for primary and secondary schools has reached 11.3 billion, with an average daily visit of 50.58 million, 69 times that of the same period last year.

　　"In geometry, and ‘ Brownian motion ’ Compared with ‘ Levy flight ’ You can cover a larger area with less distance and steps. If we say that traditional education is slow ‘ Brownian motion ’ , then information technology-enabled education is rapid ‘ Levy flight ’ . The key role of educational informatization in education is to greatly enhance its ability of system innovation. " Zheng Xudong said.

　　The promotion of technology is not only about upgrading, especially in the field of education. All technological revolutions are for higher quality education and teaching.

　　Many places are trying.

　　According to the relevant person in charge of the Beijing Municipal Education Commission, Beijing is trying to change the traditional single-teacher teaching mode into the guidance and simultaneous teaching mode of famous teachers or teams of famous teachers, and use new technologies to penetrate the boundaries of physical classrooms and schools, so that students from different schools and classes can have the same class; In Jiangsu, Suzhou carries out education evaluation with the support of big data, Taizhou "Taiwei Class" creates an application model based on micro-video to promote high-quality resource sharing, and Nantong Development Zone Experimental Primary School implements "smart homework" management and "Mr. Xiao" online hotline & HELIP; …

　　When the barriers between urban and rural areas are broken and the walls between classrooms are opened, the connection between the inside and outside of "a screen" is opened, and the development space of children is opened. As Zheng Xudong said, although a screen may change the fate of children, strictly speaking, it is not just this screen that changes the fate of children. The change of children’s fate is the result of the joint efforts of many parties with this screen as the hub. Only with good coordination can this screen really play a role.

Intelligent portrait "a screen" makes it possible to reach education accurately.

　　However, fairness is not "quick march", and higher quality education is not reflected in the data. Any change in education will eventually be reflected in children, and for children, a fairer and higher quality education is to teach students in accordance with their aptitude, which is to let every child get the most suitable education.

　　"One screen" makes this ideal come true quickly.

　　Huang Li, Party Secretary of xingqing district Huimin No.2 Primary School Education Group, Yinchuan City, said that through the secondary development of online education and teaching resources, the school has realized school-based and characteristic resources, and high-quality resources have reached every classroom. Every teacher and student has their own online learning space, and all learning processes and teaching activities can be completed in the online learning space and form process data records. Let the "cloud" resources become available digital resources to adapt to every student’s "end". At the same time, teachers can also cultivate students’ ability to obtain information, explore and think, solve problems and construct knowledge by using information technology through a new teaching model based on online learning space, improve students’ humanities and information literacy, explore personalized training, and promote the integrated application of online and offline teaching.

　　The reporter of Zhongqingbao Zhongqingwang learned that Beijing has built an "open online counseling service platform for junior high school teachers", where key teachers at district level and above provide online counseling services. The platform intelligently extracts the content that each teacher is good at, sets label attributes for teachers, and matches the label attributes of teachers with the diagnosis needs of students according to the results of students’ accurate diagnosis, thus realizing the refinement, automation and personalized push of teacher services. It is understood that up to now, the total number of teachers actually participating in counseling is more than 8,234, and 135,000 people have answered questions online, with a cumulative counseling of more than 3 million times.

　　Yang Fei, deputy director of the Education Technology and Resources Development Center (Central Audio-visual Education Center) of the Ministry of Education, said that accelerating the realization of personalized and accurate services for all kinds of users and improving the level of intelligent services on the platform are the key directions for upgrading the functions of the "National Smart Education Platform for Primary and Secondary Schools". The platform function is demand-oriented and iteratively upgraded. At present, it has run through five levels of collaborative management at the national, provincial, municipal, county and school levels, and has the ability to support self-study, teacher preparation, classroom teaching, after-school service, homework activities, answering and counseling, home-school communication, teacher training and other scene applications, and supports the use of computers, classroom screens, mobile phones, home TVs and other terminals, basically realizing the expansion from single resource browsing to comprehensive support of various educational and teaching activities. In the future, the platform will gradually provide users with personalized subscription, intelligent push recommendation, accurate retrieval and other functions through technologies such as big data and artificial intelligence, and gradually form a new ecology of digital-based basic education services.

　　"Whether it is digital resources, intellectual resources or educational services, data will be generated in the application process. These data are a kind of educational resources with tension, which can provide data basis for learner characteristic analysis, learning diagnosis and analysis, and further recommend personalized resources based on these data." Guo Jiong said that the promotion of educational resources will form a "portrait" according to everyone’s past study experience, and recommend resources to meet personal needs.

　　General Secretary of the Supreme Leader once emphasized during his visit to Beijing Bayi School in 2016 that the more the times move forward, the more important knowledge and talents become, and the more prominent the position and role of education becomes.

　　Today, with the rapid development of science and technology, the relationship between education and technology is getting closer and closer, and when they are combined, generate’s energy is also huge.

　　As Zheng Xudong described it, "In front of the screen are teachers and children from weak schools in rural areas. The screen shows excellent teachers and high-quality resources gathered together, while behind the screen is the systematic support ability for education and teaching formed by China’s educational informatization for decades."

　　"A screen" is like a stage, where the efforts of local teachers, distant teachers, national platforms, industrial enterprises and even all walks of life to achieve high-quality and fair education converge, and eventually become a great force to promote the vigorous development of education in China.

　　Zhongqingbao Zhongqingwang reporter Fan Weichen Source: China Youth Daily

In order to have a more relaxed driving journey, we are always looking for a car that is both comfortable and full of intelligent technology. Lingke 08

EM-P is such an ideal car that can meet all your expectations. As a bright star of the Lectra brand, it not only shows its outstanding leadership in the original design, intelligent cockpit, luxurious comfort and intelligent driving, but also brings unprecedented new driving experience to family users who pursue quality life.

From the appearance, Lectra 08EM-P perfectly restored the unique design language of The NextDay concept car. The body lines are smooth and full of tension, the ingenious integration of urban skyline technology belt and unbounded car side lines, coupled with the embellishment of Yingneng crystal through taillights, exudes the charming charm of technology and aesthetics everywhere. The newly-added morning blue car color is as fascinating as the blue morning light at dawn, which has injected new fashion and vitality into the car life of young families.

Entering the car, the smart cockpit of Lectra 08EM-P is even more eye-catching. It is equipped with the FlymeAuto intelligent cockpit system deeply integrated with Meizu, and the whole system comes standard with two domestic self-developed 7nm "Longying No.1" chips to ensure that every operation is silky smooth. The combination of 15.4-inch ultra-clear full screen and 12.3-inch full LCD instrument allows you to keep abreast of driving information, while CoPad’s multi-screen interconnection function makes in-car entertainment and control easier and more convenient.

In terms of luxury and comfort, Lectra 08EM-P also spared no effort. It is committed to creating a "third space" where the whole family can enjoy comfort and pleasure. The super quiet cockpit, streamer ambient light and shallow Nappa advanced leather seats in the same class create a luxurious and quiet riding environment. And the ventilation, massage and heating functions supported by the front and rear four seats make Lingke 08.

EM-P has become a unique four-seat comfortable and fully equipped SUV in its class.

Of course, intelligent driving is also a highlight of the Lectra 08EM-P. It is equipped with the intelligent driving computing platform of Yikatong Tianqiong Pro, and equipped with up to 28 high-perception hardware, providing you with excellent NOA pilot driving assistance functions. Whether it’s intelligent going up and down the ramp, driving into the fast lane or changing lanes, Lectra 08EM-P allows you to easily control all kinds of complex road conditions. At the same time, the perception optimization for special weather and the accurate identification function of various scenes make your intelligent driving journey full of safety and trust.

Linke 08EM-P has not only won wide recognition in the market for its original design with high recognition, luxurious intelligence, high-end hybrid EM-P with energy saving and better performance, and global safety and reliability, but also proved its strong product strength by selling 8,000 sets in 7 days during the National Day Golden Week. Choosing LECK 08EM-P means choosing a smarter, more luxurious and safer travel partner, so that every driving will be an unforgettable journey.

　　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.