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Investigation Report on Prepaid Consumption of Jiangsu Consumer Protection Committee

　　Prepaid consumption refers to a kind of consumption mode in which consumers enjoy preferential activities of merchants in accordance with the agreed way after paying a certain fee to the operators in advance, and purchase goods or receive services in stages, that is, consumers usually encounter "card first, recharge first and then consume". In life, prepaid consumption generally exists in beauty salons, fitness, health care, laundry, retail and other industries. On the one hand, operators provide convenience for consumers, and consumers can enjoy preferential prices from merchants; On the other hand, operators can quickly increase the number of stable customers and quickly gather funds.

　　In recent years, prepaid consumer disputes have gradually increased and become a hot spot of consumer disputes. In 2018, the province’s Consumer Protection Committee system accepted a total of 130,505 complaints, including 16,976 complaints about prepaid consumption, accounting for 13.01% of the total complaints. Jiangsu(Province)In 2018, the Provincial Consumer Protection Committee supported a total of 5 consumer lawsuits, all of which were prepaid consumer disputes, accounting for 100%.Some operators have hidden traps when providing goods or services, and the way of paying first and then consuming often puts consumers in a passive position, and it is impossible to predict the consistency and consistency of providing standard services. Even some operators run away after receiving the advance payment, which leads to mass incidents and affects social stability.

　　The Regulations on the Protection of Consumers’ Rights and Interests in Jiangsu Province, which came into effect on July 1, 2017, clearly stipulates the scope of prepaid cards and the setting of time limit, and gives consumers the right to regret on the 15th. However, over the past year or so, disputes over prepaid cards still occur frequently.

　　In order to protect the legitimate rights and interests of consumers, such as the right to know, the right to property safety, the right to claim compensation, and promote the healthy development of prepaid consumption mode, Jiangsu Consumer Protection Committee conducted a survey on prepaid consumption in Jiangsu Province around the theme of "Credit makes consumption more secure", deeply understood the current situation of prepaid consumption, analyzed the crux of the problem and put forward reasonable suggestions.

　　First, the basic situation of investigation work

　　(1) Time of investigation

　　February 2019 — Mar.

　　(II) Respondents

　　The prepaid cards mentioned in this survey are all single-purpose prepaid cards, which are prepaid vouchers for operators to provide goods or services in advance, including physical cards with magnetic stripe cards, chip cards and paper coupons as carriers and virtual cards with passwords, serial codes, graphics and biometric information as carriers. Divided into registered cards and bearer cards.

　　(3) Survey method and sample size

　　This survey adopts the combination of online questionnaire survey and offline observation survey, and obtains a total of 17,546 valid samples.

　　Online: With the help of the official WeChat platform of Jiangsu Consumer Protection Committee "Jiangsu Consumer Protection Committee" and Litchi News,WeChat Official AccountOnline media such as "xici" homepage conducted a questionnaire survey on prepaid card consumption. A total of 17,476 valid samples were obtained from the online questionnaire survey.

　　Offline: An investigation team composed of volunteers made an investigation on 70 samples in Jiangsu Province, covering six cities in Jiangsu Province, including Nanjing, Changzhou, Nantong, Yancheng, Yangzhou and Xuzhou, and involving six industries, including beauty salons, fitness, health care, comprehensive retail, education and training, and laundry, where prepaid consumer disputes are frequent. A total of 70 valid samples were obtained from offline field experience, including 61 registered cards and 9 unregistered cards.

　　Second, analysis of the survey results of prepaid card processing

　　(1) Investigation on the basic situation of consumers: 85% of consumers have done prepaid cards, and the most involved fields are beauty salons, comprehensive retail and fitness industries.The online questionnaire survey shows that the proportion of male and female consumers participating in the survey is 60.8% and 39.2% respectively. 7.2% of consumers are under 18, 74.2% are between 18 and 40 years old, 17.9% are between 41 and 65 years old, and only 0.7% of consumers are over 65 years old. From the perspective of age distribution, the consumer groups are mainly young and middle-aged.

　　Among online participants, 70.2% of consumers have handled it, 14.6% of consumers often handle it, 15.2% of consumers have never handled it, and nearly 85% of consumers have handled prepaid cards.

　　Among them, 41.3% of consumers apply for a card because of the strong preferential treatment of merchants, 37.8% think it is convenient to settle accounts, 13% are embarrassed to refuse the promotion of merchants, and 7.8% of consumers choose to apply for a card for other reasons.

　　From the point of view of the industries selected to handle the card, beauty salons (including beauty, manicure and haircut) and comprehensive retail (including department stores, supermarkets, grocery stores and convenience stores) are the most, followed by fitness, catering and education and training.

　　(two) in the field experience, more than half of the operators’ advance payment exceeds the limit.

　　According to the Regulations on the Protection of Consumers’ Rights and Interests in Jiangsu Province, if an operator issues a single-purpose prepaid card (including other advance receipts), the limit of a single registered card shall not exceed 5,000 yuan, and the limit of a single bearer card shall not exceed 1,000 yuan. Among them, individual industrial and commercial households need to issue single-use prepaid cards, and the single-page limit shall not exceed 1,000 yuan.

　　However, the results of this survey show that many prepaid cards issued by operators have exceeded the limit. According to the online questionnaire survey data, after July 1, 2017, 42.2% of consumers said that they had paid less than 1000 yuan, 39.4% had paid 1,000-5,000 yuan, 14.3% had paid 5,001-10,000 yuan, and 4.1% had paid more than 10,000 yuan. 18.5% of consumers spend more than 5,000 yuan on prepaid card services.

　　Among the prepaid cards with a single amount exceeding that of 1000 yuan, 74.1% of consumers said that the prepaid card was a registered card, and 25.9% of consumers were unregistered cards. That is to say, 25.9% of the consumption of bearer cards has exceeded the limit.

　　In the off-line physical survey, 57.1% of the samples have the situation that the amount of advance payment exceeds the limit, among which the excess situation in beauty salons, health care and education and training industries is more serious, accounting for 32.5%, 22.5% and 17.5% respectively.

　　The advance payment of some registered card samples far exceeds the legal limit of 5,000 yuan, such as Nantong Yongqi Beauty Salon.A shopNanjing Taihe sealcertainThe store leaflet page says that the maximum recharge amount is 50,000 yuan, in Wang Yu, Changzhou.certainIn the introduction of the stored-value card hanging behind the cashier, the maximum amount is 60,000 yuan. In the survey, some companies did not directly display the amount of advance payment through leaflets and other forms, but they learned that there was also excess by asking the staff, and even some businesses said that "the recharge amount is not capped".

　　Example diagram of excessive advance payment amount of some registered cards

　　44.4% of the bearer card samples are in excess, among which Changzhou is happy.certainThe highest amount of cash card advertised by the store is 500 yuan. However, when the experiencer asks if it is ok to handle a bearer card with a face value of 2000 yuan, the staff can, but they say that there is no cash card, so they need to go to the Finance Department to make a card with this face value and deliver it the next day after receiving cash in advance.

　　Example diagram of excessive advance payment amount of bearer card

　　(3) When handling prepaid cards, most operators will not take the initiative to sign consumption contracts with consumers.

　　According to the Regulations on the Protection of Consumers’ Rights and Interests in Jiangsu Province, when an operator provides goods or services in the form of advance payment, it shall clearly agree with consumers on the quantity and quality, price or expenses, time limit and method of performance, safety precautions and risk warning, after-sales service, civil liability and other contents.

　　In the online questionnaire survey, only 38.6% of the operators signed the consumption contract voluntarily when handling prepaid cards for consumers, 24% of the consumers asked to sign the contract voluntarily, and 37.4% did not sign the contract.

　　In the field survey, when handling prepaid cards, only 20% of the samples signed contracts at the initiative of the operators and consumers, and 30% of the experience samples did not sign formal contracts, but registered the personal information of consumers.remain50% of the experience samples have not signed a contract.Agreement, also did not register consumer information..

　　Sample diagram of some contracts

　　(4) The validity period of some prepaid cards is set.

　　According to the Regulations on the Protection of Consumer Rights and Interests in Jiangsu Province, the validity period of prepaid cards shall not be set.

　　In the online questionnaire survey, 50.3% of consumers have set the expiration date for prepaid cards, while 35.8% have not set the expiration date.

　　According to the offline survey results, 27.1% of prepaid cards have a valid period, 60% of prepaid cards have no valid period, and 12.9% of them have a valid period, but the merchants verbally promise that consumers will not have a valid period when using them.

　　Sample Diagram of Setting Validity Period for Some Samples

　　(5) No one in the survey publicized the total amount and usage of prepaid cards.

　　In the online questionnaire survey, 63.5% of consumers said that the operators did not regularly publicize the total amount and usage of prepaid cards in their business premises, and 36.5% of consumers said that the operators regularly publicized the total amount and usage of prepaid cards in their business premises.

　　However, in the offline investigation, all the samples did not disclose the total amount and use of prepaid cards in the business premises. At the request of the inspectors, some merchants’ computer background systems can check the funds of prepaid cards.

　　Sample Diagram of Backstage Inquiry of Prepaid Card Funds for Some Samples

　　In addition, the field experience survey results show that 50% of the samples have the problem that the business license is not publicized on the wall; After the prepaid card is recharged, 14.3% of the merchants have no recharge credentials such as invoices or receipts.;After spending the card, 58.6% of the samples have paper or electronic receipts with the balance indicated, 5.7% have paper or electronic receipts without the balance indicated, and 35.7% have no consumption vouchers.

　　Third, analysis of the investigation results of prepaid card withdrawal

　　In 2018, the complaint data of prepaid consumption accepted by the Jiangsu Consumer Protection Committee system showed that the top three complaints about prepaid cards were that consumers were dissatisfied and asked to return their cards, businesses ran away, and consumers returned their cards for personal reasons.

　　(1) Consumers’ requests for card refund are frequently rejected.The results of online questionnaire survey show that 15.9% of consumers were rejected because the merchants did not provide goods or services as agreed and asked the merchants to refund; 13% of consumers were rejected because the merchants closed down, closed down or changed their business premises and asked for a refund; 9.6% of consumers’ requests for unreasonable refund within 15 days of card application were rejected.

　　In addition, in the process of prepaid card consumption, 21.9% consumers were not informed of the precautions when they applied for the card, 18.3% thought that the goods or services were inconsistent with the publicity, and 9.2% did not encounter any consumption disputes; 8% cannot be reissued because the card is lost.

　　In the field experience survey, 57.1% of the merchantsWhen the experiencer asks for a refund, he saidDo not agree to refund,butamongpartMerchants are observing personnel "arguing" or even "arguing fiercely"barge"After the consent.. finallyThere are still 25.7% businesses insisting.No refund will be given.Only 42.9% of the merchants agreed to refund after the inspectors first proposed the refund. In addition, three of the non-refundable samples were bearer cards, accounting for 33.3% of all bearer card samples in this survey.

　　(2) The merchant agrees to return the card but fails to refund the money according to the agreed time or the refund process takes too long.Although some merchants promised a refund and promised in writing the latest time for the refund to arrive, they did not honor their promises on time. For example, a store in Nanjing Xiaomeihui promised a refund on March 1 at the latest, but when the inspector contacted the other store manager on the 4th, he found that the other party had deleted the WeChat friend. After calling the customer service number, the customer service said that there was no mobile phone number of the store manager and the store manager could not be contacted. finallyAfter many negotiations,The other party completed the refund on March 8.

　　It takes a long time for some merchants to receive the rest of the money after returning their cards. According to the investigation, it is a regular time to receive the money within one week, and a little longer is about one month, but Changzhou Sakura JapaneseTraining institutionsIt means that the card refund process takes 3 months.

　　(three) fees are non-refundable,Shall not terminate the contract… … It is difficult to withdraw the card from the "overlord clause" in the fitness industry

　　In the sample of the fitness industry in this survey, 90% of the merchants said that they could not return their cards, and suggested that the inspectors transfer the cards. But each family needs 300— 500 yuan’s card transfer fee varies, including 480 yuan (monthly card) for the store of Nanjing Yingpaisi National Fitness Center, but 400 yuan is needed for the card transfer fee.

　　The common types of overlord clauses include: (1) agreeing that the final interpretation right belongs to the merchants, such as a store in Nanjing Branch Laundry, a store in Yancheng Nasdaq English, a store in Yangzhou Meg Image Design Salon and Changzhou Muqing Health Club; (2) It is agreed that the prepaid card will not enjoy other benefits at the same time, such as a store in Wang Yu, Nantong Huaxia Liangzi, Yangzhou UCC International Laundry, Xuzhou Lanxi Modeling, etc. (3) Prepaid cards are non-refundable, such as a store in Yancheng Pandora Modeling, a store in Xuzhou Pengzu Driving, a store in Nanjing Taihe Xi, a store in Yancheng Hanbang Fitness, etc. (4) If the prepaid card is lost, it will not be replenished or the card replacement procedure is complicated, such as a store in king of the children, Changzhou Jieji Fruit Store, Yancheng Golden Eagle International, Changzhou Daxilai Store, etc.

　　At present, there is a general overlord clause in prepaid consumer contracts, mainly because these contracts are unilaterally drawn up standard contracts, and consumers can only express their full agreement or disagreement, so there is no room for negotiation on the terms. According to the provisions of Article 40 of the Contract Law, if the party providing the format clause exempts its liability, aggravates the other party’s liability or excludes the other party’s main rights, the clause is invalid. Therefore, clauses such as "the final interpretation right belongs to the merchant", "the prepaid card is non-refundable, lost and not replenished" and "the contract cannot be terminated" are of course invalid, even if the consumer agrees, they will not be effective.

　　(fourMerchants don’t refund money when they run, and consumers have no way to refund their cards.

　　In the questionnaire "Did you receive the operator’s notice one month in advance when the operator closed down, closed down or changed its business premises", 38.4% of consumers did not receive the notice, 32.8% received the notice one month in advance, and 28.8% did not encounter the operator’s closure, closed down or changed its business premises.

　　According to the complaint data of prepaid consumption accepted by the Jiangsu Consumer Protection Committee system in 2018,Complaints received due to "merchants running away"5417 cases, accounting for the annual prepaid consumer complaints.total capacity32%.In this physical investigation, no sample ran away, but the sample of a store in Nanjing Jaeger-LeCoultre was changed to Platinum Meiye at the time of investigation, and the other party said that it had changed its boss. The original Jaeger-LeCoultre membership card could be recycled after a certain reduction rate, but the specific reduction rate was not provided by the other party.

　　Although some businesses have not terminated their services, they frequently change their business entities, which seriously affects consumer confidence. In 2016, Ms. Miao applied for a 50,000-yuan prepaid card at Kafan Yincheng Dongyuan Store. In 2018, the store was transferred to Jaeger-LeCoultre, which is still a beauty salon. Ms. Miao contacted Kafan Head Office and the store manager, and the other party said that if the card needs to be returned, the 30,000-yuan spent item will be deducted according to the original price, and the original price of the 30,000-yuan spent item has exceeded 50,000 yuan. The operator said that the card can continue to be used in the new store, so Ms However, the store was renamed Amy soon. In February this year, the store was under renovation and its name was changed. After each store name change, when Ms. Miao asks for a card transfer, the newly opened store will ask for a recharge before continuing to enjoy the original discount. The same address is a beauty salon,butDecoration and store nameFrequent replacementThe prepaid card purchased by consumers will be recharged repeatedly.Otherwise, you can’t activate the helplessness..

　　Fourth, consumers suggest improving laws and regulations

　　The results of online questionnaire survey show that if consumers are not satisfied with the consumption of prepaid services, 33% of them will seek the coordination of merchants, 21.2% will seek the mediation of Consumer Protection Committee, 16.7% will be afraid of trouble, 13.3% will complain to the competent authorities, 12.7% will seek media exposure, and 3.1% will file a court lawsuit.

　　In the online questionnaire survey, 80.6% of consumers think it is very necessary to strengthen the management of prepaid card issuance, fund supervision and risk monitoring by improving laws and regulations, 13.8% of consumers think it is unnecessary, and 5.6% think it doesn’t matter. This result reflects that more than 80% of consumers hope to strengthen the market supervision of prepaid card consumption through the improvement of laws and regulations.

　　Consumer protection Committee suggested

　　The lack of laws and administrative regulations on single-use prepaid cards in China is far from solving the practical contradictions caused by single-use prepaid cards. At present, the management of single-use prepaid cards in Jiangsu is mainly based on the Administrative Measures for Single-use Commercial Prepaid Cards (Trial) issued by the Ministry of Commerce in 2012 (hereinafter referred to as the Administrative Measures) and the Jiangsu Consumer Protection Regulations (hereinafter referred to as the Consumer Protection Regulations) which came into effect on July 1, 2017.

　　In terms of supervision of prepaid card issuing enterprises, Article 64 of the Consumer Protection Regulations stipulates that if an operator issues a prepaid card exceeding the prescribed limit in violation of the second paragraph of Article 27 of these regulations, or fails to fulfill the refund obligation in violation of the second and third paragraphs of Article 28, the commercial department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than ten thousand yuan but not more than thirty thousand yuan shall be imposed. However, Article 2 of the Administrative Measures stipulates that its applicable subject is an enterprise legal person engaged in retail, accommodation and catering, and residential service. This will lead to more concentrated complaints about prepaid card consumption disputes and more individuals running away.industry and commerceSupervision of householdsIs still a big problem.

　　(1)Fill the lawRegulatoryblind zone.It is still difficult to legislate at the national level. In view of the persistent problems of single-use prepaid card operators running away and lack of supervision of funds, it is suggested to introduce local regulations and legislation for single-use prepaid card management in Jiangsu Province as soon as possible with reference to the practice of Shanghai.Focus on solving the following aspects:

　　Incorporate individual industrial and commercial households into the scope of supervision. nowAdministrative measuresYes, there are a lot oflaunchIndividuals with prepaid business activitiesIndustrial and commercial householdsThere is no restriction,As long as a set of so-called membership management system is formulated, merchants can recruit members and absorb funds. The conditions for issuing prepaid cards, the amount of funds received in advance, the issuance and redemption of consumer cards, and the preservation of transaction records are all their own decisions. It is suggested to learn from the supervision experience of issuing prepaid cards by enterprise legal persons, bring the prepaid card business activities of individual industrial and commercial households into the scope of administrative supervision, and clarify the qualifications of issuers, access conditions, filing management and capital risk monitoring. The competent authorities of the industry should determine the supervision objects based on the business behavior of market entities, rather than distinguishing the attributes of businesses.The Regulations of Shanghai Municipality on the Management of Single-use Prepaid Consumer Cards was formally implemented on January 1, 2019, in which Article 2 included the business activities of single-use prepaid consumer cards and their supervision and management within the administrative area of Shanghai into the scope of the regulations.

　　Clarify the administrative supervision of various industriesdepartment.The issuance of single-use prepaid cards involves many industries, especially after a large number of self-employed individuals are brought into supervision.In order to avoid unclear responsibilities between administrative departments, it should be further clarified.Business, education, tourism culture, etc.The subject and scope of industry supervision of single-use prepaid cardsAnd responsibilities.At the same time,Market supervision, taxation, public security, People’s Bank of China, China Banking Regulatory Commission and other departments to assist.Supervision, strengthen the joint.renovate, the implementation of the whole process supervision of its business access, trading behavior, business behavior, etc.. The Consumer Protection Committee (Consumers Association) and the administrative organ should give full play to their respective advantages. The consumer protection system should strengthen the publicity and education of consumers and consumer guide, and pay attention to the docking of complaints and referrals. The administrative organ should establish a list of serious untrustworthy subjects, aiming at major typical cases found.Business departmentYing LianMarket supervision and other departmentsCarry out joint rectification, shock the industry and purify the market,Strengthen the standardization of card issuing operatorschangemanage, increase the intensity of illegal punishment.

　　Establish marginsystemOr a third-party payment management system.Merchants issue a large number of prepaid cards and reserve a large amount of funds in a short time. Once it appears later,If the funds are used for other purposes, the investment fails or the funds cannot be withdrawn in time, it will lead to a refund redemption crisis involving many consumers. suggestionIntroduce banks as the third-party supervision of prepaid card funds and establish a deposit system.Restrain merchants and improve the "single insurance" mode of prepaid card funds only relying on merchants’ own credit.. The deposit is the same as the amount received in advanceshould doMaintain a certain proportion, and the margin account shall not be misappropriated.Once it appears,Consumer rights and interests are damagedSituation, butPay compensation in advance from this account.At the same time, you canImplement the payment management system of third-party payment, such as Alipay, WeChat, bank escrow, etc., to prevent operators from suddenly rolling up money and fleeing.Consumer property suffers losses,Safeguard consumers’ right to property safetyAnd the right of claim.

　　(2)Prepaid consumption concentration industrybuildModel text of contract.

　　The survey found that most prepaid consumers have no formal contracts and do not issue invoices.Provide a card or only keep the mobile phone number of the consumer, even if the contract is signed, it will stipulate the overlord clauses such as "our store has the right to modify and terminate the use right of the consumer card" or "the prepaid service fee for applying for card refund will not be refunded". Even if it recharges tens of thousands of dollars, even the operators who say "the top is not capped" do not have a complete contract to protect consumers’ legitimate rights and interests such as the right to know, the right to safety, the right to fair trade and the right to claim compensation.

　　The Provincial Consumer Protection Committee suggested to establish a model contract text for industries with concentrated prepaid consumption. In the model contract text, the merchants are required to list the performance period, scope of use, detailed address of the merchants, the amount and payment method of the prepaid consumer card, the way of performance guarantee responsibility, and the liability for breach of contract. explicitIf the consumer card is terminated or changed due to the reasons of the merchant, the consent of the consumer shall be obtained. If the consumer disagrees, the merchant shall refund the balance of the card in full according to the expenses paid by the consumer when actually purchasing, after deducting the consumption after enjoying the preferential margin.Aiming at the problem of overlord clause, it can be excluded by enumeration.

　　In view of the businesses found in this survey that have many problems involving overlord clauses and refuse to apply for prepaid card refunds without reason or obstacles, the Provincial Consumer Protection Committee will ask the operators to rectify within a time limit by means of interviews, etc., and those that are illegal will be handed over to relevant departments.

　　Consumer tips

　　Can impulse consumption be refunded?

　　In June 2018, Ms. Ren spent 6,000 yuan under the strong marketing of a beauty and body business.

　　Yuan purchaseoneA membership card. After returning home, Ms. Ren regretted it and asked the merchant for a refund of the card, which was decisively rejected by the merchant.

　　Case analysis: This case is a typical dispute caused by impulsive consumption. According to Article 28 of the Regulations on the Protection of Consumers’ Rights and Interests in Jiangsu Province: "If an operator provides goods or services by issuing a single-use prepaid card, the consumer has the right to ask for a refund within 15 days from the date of payment without reason, and the operator can deduct the reasonable expenses it has incurred for providing goods or services." This clause clearly gives the consumer the right to return the card for 15 days without reason. Ms. Ren enjoys a 15-day cooling-off period when purchasing a prepaid card, and the merchant should make a refund request within the cooling-off period.

　　Consumer Tips: Consumers must be rational before choosing a card, and handle it rationally according to their own needs. Don’t be tempted by the sales promotion of merchants, try to choose a prepaid card with a small amount and use it as soon as possible.

　　When the swimming card expires, do you have to pay before activating it?

　　Yu Xiansheng handled a swimming card in 2017, with a balance of more than 1,000 yuan. In July, 2018, Yu Xiansheng was told that the card had expired, and if he wanted to continue to use it, he needed to recharge it again.

　　Case analysis: This case is a typical prepaid consumption dispute caused by setting the validity period. Paragraph 2 of Article 27 of the Regulations on the Protection of Consumer Rights and Interests in Jiangsu Province stipulates: "… … Prepaid cards may not have a valid period. " Article 19 of the Measures for the Administration of Single-use Commercial Prepaid Cards stipulates: "A registered card shall not have a valid period; The validity period of bearer cards shall not be less than 3 years. Card issuing enterprises or card selling enterprises should provide supporting services such as activation and card replacement for bearer cards with a balance of funds beyond the validity period. " Therefore, when there is still a balance in the card, it is illegal for the operator to refuse to use it on the grounds of expiration, which is suspected of unjust enrichment.

　　Consumer Tips: According to Consumer Protection Regulations, the validity period of prepaid cards may not be set. Even if the validity period of bearer cards is set according to Administrative Measures, operators are obliged to provide services such as extension and activation for bearer prepaid cards of consumers to ensure their normal use.

　　Can I refund the "No Termination of Contract"?

　　In September 2017, Ms. Liu registered 60 private fitness classes for her children in a center in Nanjing, and paid 15,840 yuan after the discount. After six classes, I want to cancel the contract and return the card because my child is busy with school work. However, the center refused to apply for a refund for consumers on the grounds that the agreement stipulated that "the contract shall not be terminated".

　　Case analysis: According to Article 40 of China’s Contract Law: "If the party providing the standard clause exempts its responsibility, aggravates the other party’s responsibility and excludes the other party’s main rights, the clause is invalid." Article 26 of China’s Consumer Protection Law also stipulates: "… … Operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers’ rights, lightening or exempting operators’ responsibilities, and aggravating consumers’ responsibilities, by means of format clauses, notices, life notices, store notices, etc. … … Format clauses, notices, statements, store notices, etc. contain the contents listed in the preceding paragraph, and their contents are invalid. " The fitness center deprives consumers of the right to terminate the contract in the form of standard clauses and overlord clauses, which obviously infringes on consumers’ fair trade rights and should be considered invalid.

　　Consumer tip: "No termination of the contract" is the overlord clause, and consumers still have the right to terminate the contract. However, in the case of consumer default, the operator will charge a certain amount of liquidated damages and refund the card for the consumer.

　　What if the merchant runs away?

　　Since February 2018, consumers have continuously reported that a restaurant located in Sucheng District, Suqian City closed down without notifying the relevant cardholders to deal with the aftermath, resulting in consumers’ stored-value cards being unable to continue to be used, and consumers have no way to refund.

　　Case analysis: The business operator in this case can’t fulfill the obligation of providing catering services as agreed, which infringes on the legitimate rights and interests of consumers, such as fair trading rights. According to Article 53 of China’s Consumer Protection Law, "If the business operator provides goods or services in advance, it shall provide them as agreed. If it is not provided in accordance with the agreement, it shall fulfill the agreement or refund the advance payment according to the requirements of the consumer. " The business operator shall refund the remaining money that has not been consumed according to the requirements of consumers.

　　Consumer tips: when consumers find that businesses violate laws and regulations or have abnormal business conditions, they should consult or report to relevant departments in time; If the business suddenly closes down and cannot be contacted, and fraud is involved, it should be reported to the public security department in time.

State Taxation Administration of The People’s Republic of China announced seven typical cases of tax fraud and false opening.

nine

　　Cctv newsAccording to the website of State Taxation Administration of The People’s Republic of China, recently, local tax authorities, together with public security departments, have successfully investigated and dealt with a number of illegal cases in a special campaign to crack down on tax fraud and false issuance, maintaining a high-pressure situation in cracking down on tax-related illegal acts, effectively maintaining the normal tax order and effectively creating a fair and just business environment. Seven typical cases of tax fraud and false opening are now exposed.

　　1. Beijing "11.01" falsely issued special VAT invoices.

　　In March 2017, the Beijing Municipal State Taxation Bureau and the public security organs successfully investigated and dealt with the case of Beijing "11.01" falsely issuing special VAT invoices. It was verified that during the period from May 2013 to October 2016, the criminal suspect Li created the illusion of normal purchase by lending the mobile phone agency qualifications of two enterprises involved in the case, and obtained a special invoice for falsely issuing VAT input. The criminal suspect Lai Mou and others falsely issued 20,000 special VAT invoices to 1,662 enterprises in Hebei, Tianjin and other places by means of separating tickets from goods, changing the name of goods, signing false purchase and sale contracts and forging capital flow, involving an amount of 3.55 billion yuan and a tax amount of 600 million yuan. The State Taxation Bureau of Beijing issued a Notice of Confirmed False Issuance to the local tax authorities of downstream drawee enterprises. At present, the case has entered the judicial process.

　　Two, Jiangxi "6 16" false special VAT invoice case.

　　In July 2016, the State Taxation Bureau of Jingdezhen City, Jiangxi Province successfully investigated and dealt with the case of "6 16" falsely issuing special VAT invoices in Jiangxi Province. It has been verified that from August to November, 2015, three enterprises, Jingdezhen Mingmen Trading Co., Ltd., Jingdezhen Remote Metal Products Co., Ltd. and Jingdezhen Baoping Trading Co., Ltd., made fictitious capital transactions without production and business premises, processing capacity, employees and transportation behavior, accepted special VAT invoices issued by a trading company with the name of "AU99.99 Standard Gold", and falsely issued goods with the name of "Au 99.99 Standard Gold" to downstream enterprises. Jingdezhen State Taxation Bureau has issued a Notice of Confirmed False Issuance to the tax authorities where the downstream drawee enterprises are located, and transferred the case to the public security organs for handling. At present, the case has entered the judicial process.

　　Three, Gansu "4 11" false special VAT invoice case.

　　In April 2016, Gansu Provincial State Taxation Bureau successfully organized and investigated the case of "4.11" falsely issuing special VAT invoices. It has been verified that during the period from July 2015 to January 2016, two fraudulent gangs with Han and Zhang as actual controllers used other people’s identity information to falsely register companies and obtained 2,268 fraudulent VAT invoices by paying handling fees, involving an amount of 233 million yuan and a tax amount of 34 million yuan; At the same time, in the absence of actual business, 2088 special VAT invoices were falsely issued to 76 enterprises in 32 cities in 18 provinces such as Guangdong and Henan, involving an amount of 192 million yuan and a tax amount of 27 million yuan. The State Taxation Bureau of Gansu Province has issued a Notice of Confirmed False Opening to the tax authorities where the downstream drawee enterprises are located, and transferred the case to the public security organs. At present, the public security organs are handling the case according to law.

　　Four, Sichuan "4 27" false VAT invoice case.

　　In March 2017, the State Taxation Bureau of Suining City, Sichuan Province and the public security organs jointly investigated and dealt with the case of "4 27" falsely issuing ordinary VAT invoices. It has been verified that the criminal suspects Yang and Wang Moumou falsely registered 57 "shell companies" by using other people’s identity information, and fled after falsely issuing a large number of ordinary VAT invoices in a short period of time without real goods transactions. From January 2016 to March 2016, the gang falsely issued 4,466 ordinary VAT invoices for others, such as "steel", "wood square" and "building materials", involving an amount of 391 million yuan and a tax of 11.73 million yuan. Suining State Taxation Bureau has issued a Notice of Confirmed False Opening to the local tax authorities where the downstream drawee enterprises are located. At present, the case has entered the judicial process, and the main suspect has been sentenced and fined.

　　V. Tax fraud case of Hainan Huatai Feng Investment Co., Ltd.

　　In July 2016, Hainan Provincial State Taxation Bureau successfully investigated and dealt with the tax fraud case of Hainan Huatai Feng Investment Co., Ltd. It has been verified that during the period from May 2012 to November 2013, the company accepted 228 false special VAT invoices from a furniture company in Bozhou and a wood product company in Shiquan County by paying the billing fee, involving an amount of 20.62 million yuan and a tax amount of 3.51 million yuan. At the same time, in the absence of actual export business, the company obtained relevant export declaration information, altered false export documents, falsely issued 42 export invoices, applied to the tax authorities for tax refund in 17 batches, and defrauded the export tax refund of 3.09 million yuan. Hainan Provincial State Taxation Bureau recovered 3.09 million yuan of export tax rebate defrauded by the company, imposed a double fine, suspended the company’s export tax rebate right for three years according to law, and transferred the case to the public security organ for handling. At present, the case has entered the judicial process.

　　Six, Hebei Tianyi Trading Co., Ltd. and other three enterprises tax fraud case

　　In August 2016, the State Taxation Bureau of Shijiazhuang City, Hebei Province and the public security organs jointly investigated and dealt with the tax fraud cases of three enterprise groups: Hebei Tianyi Trading Co., Ltd., Shijiazhuang Duobu Trading Co., Ltd. and Shijiazhuang Zuoxiang Trading Co., Ltd. It has been verified that during the period from January 2014 to June 2016, criminal gangs operated separately and cooperated with each other in purchasing goods, invoicing, customs declaration, settlement of foreign exchange, and tax refund declaration, and defrauded the export tax refund of 15.18 million yuan by means of purchasing goods in different places, falsely issuing special invoices for value-added tax, and overstating the value. Shijiazhuang State Taxation Bureau recovered 5.73 million yuan of export tax rebate from three enterprises, and refused to refund 9.05 million yuan, which was regarded as 400,000 yuan for domestic sales, and stopped the export tax rebate right of three enterprises for three years according to law. At present, the public security organs are handling the case according to law.

　　Seven, Henan Xuchang Jingying Arts and Crafts Co., Ltd. tax fraud case.

　　At the beginning of 2017, the State Taxation Bureau of Xuchang City, Henan Province successfully investigated and dealt with the tax fraud case of Xuchang Jingying Arts and Crafts Co., Ltd. It is verified that from March 2013 to April 2016, Sun Moumou, the actual controller of Xuchang Jingying Arts and Crafts Co., Ltd., and Li Moumou and Zhang Moumou, the criminal suspects, cooperated with each other to commit crimes, bought special invoices for value-added tax by paying handling fees, and used other people’s export customs declaration data to fraudulently report exports, and defrauded export tax rebates of 23.5 million yuan. Xuchang State Taxation Bureau recovered the export tax rebate of Xuchang Jingying Arts and Crafts Co., Ltd. for 23.5 million yuan, and was fined twice. It is planned to suspend the export tax rebate right of the company for three years according to law and transfer the case to the public security organ for handling. At present, the case has entered the judicial process.

Policy Questions and Answers on Government Procurement Promoting the Development of Small and Medium-sized Enterprises

　　The Measures for the Administration of Government Procurement to Promote the Development of Small and Medium-sized Enterprises (Caiku [2020] No.46, hereinafter referred to as the Measures) has been implemented since January 1, 2021. The answers to questions of general concern to all parties are as follows:

　　First, on the scope of policy support

　　1. For the goods procurement projects with unreserved shares specially for small and medium-sized enterprises, and the goods procurement packages with unreserved shares in the projects, all the goods provided by large and medium-sized enterprises are made by small and micro enterprises, can you enjoy 6%-10% quotation deduction? Is there still a requirement of "double small" (that is, the enterprises directly involved in procurement activities are small and medium-sized enterprises, and the goods are made by small and medium-sized enterprises)?

　　A:According to the "Measures", in the goods procurement project, if the goods are manufactured by small and medium-sized enterprises (the goods are produced by small and medium-sized enterprises and use the trade name or registered trademark of the small and medium-sized enterprises), they can enjoy the SME support policy. If a procurement project or procurement contains multiple procurement targets, each procurement target should be manufactured by small and medium-sized enterprises. In the procurement items or packages mentioned in the question, all the procurement targets provided by large enterprises are made by small and micro enterprises, and they can enjoy preferential policies for price evaluation.

　　2. In the goods procurement project, if the goods provided by suppliers are made by both small and micro enterprises and medium-sized enterprises, do they enjoy the support policies for small and micro enterprises stipulated in the Measures?

　　A:In goods procurement projects, the goods provided by suppliers are made by both medium-sized enterprises and small and micro enterprises, and they do not enjoy the support policies for small and micro enterprises stipulated in the Measures.

　　3. Some goods procurement projects involve a variety of goods and multiple manufacturers. Bidders take goods from wholesalers or distributors instead of manufacturers directly, so it is difficult to know the employees, operating income, total assets and other data of all manufacturers. If the data provided by the manufacturer to the bidder is wrong or intentionally provides false data, is it considered that the bidder has made a false bid (the bidder has no subjective intention)?

　　A:The bidder shall be responsible for the authenticity of the SME Statement Letter issued by it. If the content of the SME Statement Letter issued by the bidder is untrue, it belongs to providing false materials to win the bid. In practice, if the bidder wants to obtain the policy support stipulated in the Measures, it should obtain sufficient and accurate information from the manufacturer. If you don’t fully understand the information of the relevant manufacturers, or you can’t be sure that the relevant information is true and accurate, it is not recommended to issue a Statement Letter for SMEs.

　　4. For procurement projects with both goods and services, how should we judge whether suppliers belong to small and medium-sized enterprises?

　　A:The purchaser shall, according to the relevant provisions of government procurement and the actual situation of the procurement project, determine whether the proposed procurement project is a goods, project or service project. Suppliers who enjoy the policy of supporting small and medium-sized enterprises should meet the following conditions: in goods procurement projects, goods should be manufactured by small and medium-sized enterprises, and there is no requirement for the service providers involved; In the project procurement project, the project should be undertaken by small and medium-sized enterprises, and there is no requirement for the manufacturers of goods and the contractors of services involved; In the service procurement project, the service undertaker should be small and medium-sized enterprises, and there is no requirement for the manufacturer of the goods involved.

　　5. Does the consortium enjoy the reserved share policy for small and medium-sized enterprises for goods and services procurement projects with a price of less than 2 million yuan and engineering procurement projects with a price of less than 4 million yuan?

　　A:If the consortium participates in government procurement projects, and the goods, projects and services provided by all parties of the consortium are manufactured, contracted and undertaken by small and medium-sized enterprises, the consortium is regarded as a small and medium-sized enterprise and enjoys the reserved share policy for small and medium-sized enterprises; If all the goods, projects and services provided by the parties to the consortium are manufactured, contracted and undertaken by small and micro enterprises, the consortium shall treat them as small and micro enterprises and enjoy the reserved share policy for them.

　　6. In Article 2 of the Measures, "except that the person in charge of a large enterprise is the same person, or there is a direct holding or management relationship with a large enterprise." What does the person in charge mean? Is there a requirement for the shareholding ratio? What do you mean by managing relationships?

　　A:According to the relevant laws and regulations, the person in charge refers to the legal representative of the unit or the main person in charge who exercises functions and powers on behalf of the unit as stipulated by laws and administrative regulations. Holding means that the capital contribution accounts for more than 50% of the total capital of a limited liability company or the shares it holds account for more than 50% of the total share capital of a joint stock limited company, and although the capital contribution or the proportion of shares it holds is less than 50%, the voting rights it enjoys according to its capital contribution or the shares it holds are enough to have a significant impact on the resolutions of shareholders’ meetings. Management relationship refers to other management and managed relationships with units that do not have a shareholding relationship. Small and medium-sized enterprises with the above situation can participate in government procurement activities according to law, but they do not enjoy the government procurement support policies for small and medium-sized enterprises.

　　Two, about the situation of not specifically for small and medium-sized enterprises to purchase.

　　What does "infrastructure restriction" mean in Article 6 of the Measures?

　　A:"Infrastructure restriction" mainly refers to the restriction of infrastructure conditions such as water supply, power supply, gas supply, heating, roads and transportation facilities. The purchaser can make a judgment according to the actual situation.

　　Third, about the reserved share

　　Article 8 of the Measures stipulates: "For goods and services procurement projects with a price of more than 2 million yuan and engineering procurement projects with a price of more than 4 million yuan, more than 30% of the total budget of these procurement projects shall be reserved exclusively for small and medium-sized enterprises, and the proportion reserved for small and micro enterprises shall not be less than 60%." What does "this part" mean in the "total budget of this part of procurement projects"?

　　A:"This part" refers to the procurement items of goods and services exceeding 2 million yuan and the procurement items suitable for small and medium-sized enterprises among the engineering procurement items exceeding 4 million yuan.

　　Fourth, about the price review concessions

　　1. In the project of purchasing goods specially for small and medium-sized enterprises without reserved share, if the goods provided by small and micro suppliers are both made by medium-sized enterprises and made by small and micro enterprises, shall the price be deducted by 6%-10%? If it is deducted, is the overall quotation deducted, or is it deducted for the quotation of goods manufactured by small and micro enterprises?

　　A:According to the "Measures", if the goods procurement project mentioned in the title contains multiple procurement targets, only when each target provided by the supplier is made by small and micro enterprises can the price deduction policy of 6%-10% be enjoyed. If the goods provided by small and micro suppliers are made by both medium-sized enterprises and small and micro enterprises, they do not enjoy the relevant policy of price deduction.

　　2. Is it necessary to implement the preferential policy of price evaluation for procurement projects or procurement packages specially for small and medium-sized enterprises? If necessary, do medium-sized enterprises enjoy price deduction?

　　A:Projects or procurement packages specially designed for small and medium-sized enterprises will no longer be supported by preferential price evaluation.

　　3. Article 9 of the Measures stipulates: "If the comprehensive evaluation method is adopted but the low price priority method is not adopted to calculate the price score of the government procurement construction project to which the bidding method is applied, the price score shall be increased by 3%-5% on the basis of the original quotation." If the price of small and micro enterprises in engineering construction projects is full marks, will 3%-5% of their price marks be added as their price marks on the basis of full marks?

　　A:In government procurement projects, the price points for small and medium-sized enterprises are policy points, and even if the price points for small and micro enterprises are full marks, they should enjoy preferential policies and then be given extra points.

　　4. Article 9 of the Measures stipulates: "For procurement projects that accept large and medium-sized enterprises to form a consortium with small and micro enterprises or allow large and medium-sized enterprises to subcontract to one or more small and micro enterprises, if the contract share of small and micro enterprises accounts for more than 30% of the total contract amount as stipulated in the joint agreement or subcontracting intention agreement …" Does "small and micro enterprises" here refer to the enterprises themselves in goods procurement projects, or what type of enterprises manufacture the products they provide according to Article 4?

　　A:The "small and micro enterprises" in the provisions on consortium and subcontracting in Article 9 of the Measures shall meet the relevant provisions in Article 4 of the Measures, and the "contract share of small and micro enterprises" shall be the contract share of goods manufactured, projects undertaken and services undertaken by small and micro enterprises.

　　V. Determination of the industry to which the subject matter of procurement belongs

　　Article 12 of the Measures stipulates that the procurement documents shall specify the industries to which the classification standards for SMEs corresponding to the procurement targets belong. If a procurement project contains multiple products of different varieties, should the purchaser or procurement agency specify the industry of each product?

　　A:The purchaser and the procurement agency shall, according to the SME classification standards approved by the State Council and the specific circumstances of the procurement project, specify in the procurement documents the industries to which the SME classification standards corresponding to the procurement targets belong. If a procurement project involves multiple procurement targets, the industries to which the SME classification standards corresponding to all procurement targets belong shall be clearly defined in the procurement documents one by one. The supplier judges whether it belongs to small and medium-sized enterprises according to the classification standards corresponding to the industries specified in the procurement documents. At present, the standard industries for the classification of small and medium-sized enterprises include agriculture, forestry, animal husbandry, fishery, industry, construction, wholesale, retail, transportation, warehousing, postal services, accommodation, catering, information transmission, software and information technology services, real estate development and management, property management, leasing and commercial services and other industries not listed.

　　VI. Letter of Statement for Small and Medium-sized Enterprises

　　Annex 1: Statement Letter of SMEs

　　1. Annex 1 "Letter of Statement for SMEs" stipulates that newly established enterprises without previous year’s data need not fill in relevant data such as employees, operating income and total assets. Can it be understood that all newly established enterprises are classified as SMEs?

　　A:Newly established enterprises should refer to the criteria for the classification of small and medium-sized enterprises approved by the State Council, and make a true judgment according to the enterprise’s own situation. If you think that this enterprise belongs to small and medium-sized enterprises, you can issue a Statement Letter for Small and Medium-sized Enterprises in accordance with the provisions of the Measures and enjoy relevant support policies.

　　2. Suppliers need to fill in the details of relevant enterprises (including SMEs in the consortium and SMEs that have signed subcontracting intention agreements) in the Statement Letter for SMEs. Do both the consortium and the subcontracting enterprise need to provide enterprise information in the form of declaration letter?

　　A:The Letter of Statement for Small and Medium-sized Enterprises is issued by suppliers who participate in government procurement activities. If you participate in government procurement activities or contract subcontracting in the form of a consortium, you need to fill in the relevant information of the SMEs in the consortium or those who signed the subcontracting intention agreement in the SME Declaration Letter.

　　3. Can suppliers enjoy the SME support policies stipulated in the Measures in government procurement activities as long as they issue the SME Declaration Letter?

　　A:Suppliers who meet the requirements stipulated in the Measures can enjoy relevant support policies in government procurement activities as long as they issue a Letter of Statement for SMEs. No unit or individual may require suppliers to provide identification documents for SMEs other than the Letter of Statement.

　　4. The Statement Letter for Small and Medium-sized Enterprises requires that "all the goods provided are made by small and medium-sized enterprises that meet the policy requirements" and "all the construction units of the project are small and medium-sized enterprises that meet the policy requirements (or: all the services are undertaken by small and medium-sized enterprises that meet the policy requirements)". Is this inconsistent with the measures such as consortium participation and subcontracting stipulated in the Measures?

　　A:For the part undertaken by small and medium-sized enterprises in the consortium, or the part subcontracted to small and medium-sized enterprises, all the parts must be manufactured, contracted or undertaken by small and medium-sized enterprises. The supplier shall indicate the specific content undertaken by the small and medium-sized enterprises in the consortium or the specific subcontracting content of the small and medium-sized enterprises in the "project name" part of the statement letter.

　　VII. Other issues

　　How can welfare units for the disabled enjoy the relevant support policies stipulated in the Measures when they participate in government procurement activities? Can social organizations such as private non-enterprises enjoy the government procurement policy to promote the development of small and medium-sized enterprises?

　　A:Regarding the welfare units for the disabled to enjoy the relevant measures of government procurement to support small and medium-sized enterprises, the Ministry of Finance is studying and improving the measures of convergence with the Measures. Before the relevant documents are issued, they will still be implemented in accordance with the relevant provisions of the Notice on Government Procurement Policies for Promoting the Employment of Disabled Persons (Caiku [2017] No.141).

　　On the issue of social organizations enjoying government procurement policies to promote the development of small and medium-sized enterprises, the Ministry of Finance is working with relevant departments to study and formulate relevant regulations.

China’s Internet Literature： From ＂Cool Literature＂ to ＂One of the Four Cultural Wonders in the World＂

Text/Yangcheng Evening News reporter Sun Lei

site of activity

"I eat tomatoes"

"Squid who loves diving"

On October 12th, China Online Literature Influence List (2022) was released and Guangdong-Hong Kong-Macao Greater Bay Area Online Literature High-quality Development Seminar was held in Guangzhou. Online literature writers, critics, platform leaders and industry representatives from all over the country gathered together to discuss the present situation and future of online literature.

The event was hosted by the Chinese Writers Association, the Propaganda Department of the Guangdong Provincial Committee of the Communist Party of China, and co-organized by the Network Literature Center of the Chinese Writers Association, the Guangdong Writers Association and Huacheng College of Literature.

I eat tomatoes, love diving squid, drinkers, bandits, I think about saving and other well-known online writers appeared at the venue, as well as online literary critics, platform leaders, cultural industry representatives from all over the country to participate in the activities.

After 20 or 30 years’ development, the online literature born on the Internet platform has gradually bid farewell to the early state of "barbaric growth and mud and sand", constantly breaking through the typed writing of cool articles and gradually moving towards the mainstream, high-quality and even classic development path. The content ecology of online literature has been further optimized, the trend of high-quality products has become stronger, and the trend of "going out to sea" of online literature has gradually become a scale.

The Realistic Trend of Web Theme: Hi? Worry?

On the evening of October 12th, the China Online Literature Influence List (2022) was officially released. After strict initial evaluation, re-evaluation, final evaluation and online voting by readers, the Network Literature Center of China Writers Association launched four lists: online novel list, IP influence list, overseas communication list and newcomer list, with 29 online literary works and 8 newcomer writers on the list.

The reporter found that in this list of works, the theme structure of online literature is more optimized, and the realistic theme has become the "new favorite" of online texts, and excellent works are frequent. Among the works on the list of online novels, works such as Critical Path and Biography of Shanghai Mortal closely follow the pulse of the times and write about real life.

On April 10th this year, the "Research Report on the Development of Network Literature in China in 2022" issued by the Institute of Literature of China Academy of Social Sciences also pointed out this trend: realistic works entered the "golden age" with a high compound growth rate of 37.2%.

According to Huang Fayou, chairman of Shandong Writers Association and professor of Shandong University College of Literature, the prosperity of online literature’s realistic theme creation is, in a sense, an important manifestation of online literature’s mainstream and high-quality practice. "In recent years, the creation of realistic themes of online literature has made remarkable progress and development, which has injected new vitality into online literature and pushed online literature to break through the bottleneck of development, with a broader vision and a more diverse pattern."

The same theme of reform and opening up, online literature works are not only more vivid, but also more interesting, and there is no lack of depth and temperature. The application of network literature techniques and visual narrative means also brings new aesthetics to the creation of realistic themes. Huang Fayou said that, like "Daguo Heavy Industry", it has a deep understanding of the machinery industry, and is full of respect for the exploration spirit of technicians and the fighting spirit of workers who are not afraid of difficulties. The works have a kind of affectionate power.

Wu Lanqi Muge, an associate professor at the School of Humanities, Wenzhou University, emphasized that the greatest feature of online literature is its freedom, popularity and tradition of telling stories, which allows us to have leisure, entertainment and games, which is a very important reason for its existence. "If all online literature develops to realistic literature or high-quality literature, it will certainly fail to learn from the strengths of traditional literature. Network literature has some reasons for its existence. Among some fantasy, fantasy and story-telling theme types, we can see some innovations in ideological artistry and literature and art that are no less than traditional literature and fine literature. In fact, it already has the advantages and disadvantages of traditional literature. "

In addition to realistic themes, sci-fi works, as one of the most important online categories, are still growing at a high speed. In 2022, "science" appeared nearly 250,000 times in the book review area. In this list of works, "We Live in Nanjing" and "Nomenclature of the Night" have developed gorgeous imagination, written fantastic fables in the vast universe, and explored the boundaries of sci-fi theme creation.

With the development of science and technology and the popularity of sci-fi film and television dramas, the post-90s and post-00s are rapidly pouring into the production and dissemination of sci-fi online literature in the activity field of the Internet, which is naturally labeled as "younger". The "Z generation" writers have gradually become the main creative force, and the newcomers of online writers combine the latest cutting-edge technology to create, bringing a new look and atmosphere to the development of the industry.

"Going out", China traditional culture is sought after.

According to the data released by the Network Literature Center of the Chinese Writers Association, by the end of 2022, the overseas market scale of China’s online literature exceeded 3 billion yuan, with more than 16,000 online works exported overseas, and overseas users exceeded 150 million, covering more than 200 countries and regions in the world.

From 2004, qidian began to sell the copyright of online novels to the whole world, to 2006, the translated works of Ghost Blowing Lights and Zhu Xian opened the Southeast Asian market, and then overseas originality and AI translation were launched, and IP adaptation was popular overseas. China’s online literature has spread all over the world, and some people even listed China’s online literature as "the four cultural wonders of the world" along with Hollywood blockbusters, Japanese anime and Korean TV dramas.

On the overseas communication list published this time, "The Return of the Warrior" triggered readers in more than 170 countries and regions around the world to "catch up" with a compact plot and suspense story lines, with more than 500 million hits; Cosmic Pro combines various elements such as reiki revival, live martial arts broadcast and life evolution, and shows the powerful imagination and narrative power of China’s online literature overseas …

It is worth mentioning that, in the tide of "net writing goes to sea", the works that inherit Chinese excellent traditional culture have made outstanding achievements, attracting many overseas readers, and the international communication effect is outstanding.

According to Tian Zhiguo, deputy editor-in-chief of Reading Group, through investigation, they found that overseas readers like China traditional culture and modern China style. In 2022, China-related words appeared 150,000 times in readers’ comments. In readers’ related discussions, the most mentioned China elements include food, martial arts, tea art and panda.

Tian Zhiguo said that with the continuous going out to sea of online articles, the literary style relying on the Internet has become an important entertainment content in Southeast Asia and North America, which is loved by local young people. "We have opened up localized originality in the local area. The main types of works are 15 categories and more than 100 subcategories, mainly focusing on five major themes: city, game competition, science fiction, oriental fantasy and western fantasy. Many of the oriental fantasy themes are influenced by China’s traditional culture and have a strong Chinese style in theme setting and character setting. "

In recent years, many platforms have made efforts in the direction of audio and short video to promote the spread of China’s online literature overseas. According to Xie Guangcai, director and executive vice president of Chinese Online Group, as far as overseas communication is concerned, the current "ReelShort" short play can be described as a shining star in the European and American markets, and its user scale has developed very rapidly, making it a sample for short plays to go to sea. "The short drama of network development is a good outlet in the current two or three years, but its quality is the top priority of commercial operation."

Tong Ye, CEO of Twitter Technology, said that going out to sea is not just a text going out, but more importantly, letting Chinese culture go out. Xie Sipeng, editor-in-chief of tomato novels, also stressed that both the content and the mode of going out to sea are all China’s online articles going out to sea, and they all bear the mission and heavy responsibility of spreading China culture.

The degree of mainstreaming has increased, and excellent originality is still less.

While the iron is hot, you need to be hard. Whether the theme turns or the online text goes out to sea, high-quality online literature works are needed. This is also the core value of this list release and seminar: focusing on the mainstream and quality creation of online literature.

China’s online literature has been in a state of natural growth for quite a long time since it came into being spontaneously. Internet literature, which was born on the Internet platform, pays too much attention to market efficiency and pursues "fast", "long" and "cool" blindly, resulting in the problems of rough quality, vulgar content and deviation from mainstream values, which can be described as "barbaric growth and mud and sand".

In recent years, with the continuous promotion of the trend of quality content, the mainstream degree of online literature at home and abroad has been significantly improved in 2022: in China, 144 online works have been permanently collected by the National Library, and 10 digital versions of online works have been collected in the China National Edition Museum; Overseas, 16 China websites have been collected by the British Library, and they have spread to more than 200 countries and regions around the world, with 901 million users visiting overseas websites.

"It is necessary to promote the mainstream and quality of online literature innovation." Hu Bangsheng, member of the party group and secretary of the Secretariat of the Chinese Writers Association, observed that there are a large number of online literary works and rich types, but there are still few excellent original contents. He believes that holding an online literary and cultural heritage forum and publishing a list of online novels is to inherit the Chinese context, explore the development path, guide online writers to adhere to the correct creative orientation, and launch more online literary masterpieces.

"Mainstreaming, quality and classicalization are a plan for the whole online literature industry, which requires that online literature must serve this era. This requirement also invisibly constrains the creation of each of our online writers, regardless of personal will." According to Ouyang Youquan, a professor at Central South University, the current development of online literature is facing many changes. With the rise of audio and video industrialization, as the source of content, online literature must produce high-quality texts so that our creation can stand, spread and stay.

Guangdong is one of the cradles of online literature in China, and it is also the province with the largest number of online writers, and many "great god" writers who are famous all over the network have been born. According to Zhang Peizhong, Party Secretary and Full-time Vice Chairman of Guangdong Writers Association, by the end of 2022, there were more than 200,000 online literature writers in Guangdong, including nearly 40,000 people who signed contracts with websites and wrote, and 150 head writers. The number of authors, works and readers ranked among the top in China, with strong development momentum and broad prospects. "We should further strengthen the creation of high-quality products, speed up the IP transformation, increase the online literature’s going to sea, and truly realize the two-way development and two-way empowerment of Guangdong-Hong Kong-Macao Greater Bay Area’s online literature and cultural industries", and make Guangdong-Hong Kong-Macao Greater Bay Area an important pole in the development of China’s online literature.

[interview]

"I eat tomatoes":

Focus on creation, not following the market trend.

Network writer "I eat tomatoes", whose real name is Zhu Hongzhi, is called "tomato". In 2005, he began to serialize The Legend of the Star Peak in qidian, and since then, he has started the journey of online literature creation, and has successively published works such as The Star Change, Panlong, Swallowing the Starry Sky, The Age of the Wild, and The Professional Player of the Universe, breaking many online records.

Among them, Panlong, Swallowing the Starry Sky, Cosmic Professional Player and many other works are also representative works of online writing, which have been translated into English, Korean, Thai, Indonesian and other languages.

Yangcheng Evening News: For you personally, what is the biggest change in online literature over the years?

I eat tomatoes: the external environment has been changing, and we need to adhere to the initial intention of creation while adapting to the environment. Online novels developed vigorously in 2002, and it has been about 20 years now. Its future still has great potential and possibility. All we have to do is write a good story, and your story may spread explosively at the right time. You can’t follow the trend just because of what the market is, like the short video of the fire now, not that you have to do it. Writers still have to concentrate on creation, write a good work, and then wait for the opportunity.

Yangcheng Evening News: Now discussing online literature, many critics have put forward the expectation of "mainstreaming" and "quality". As an online writer, do you want your works to enter the mainstream vision?

I eat tomatoes: the ancients said, "If you take it, you will get it." You can set a high goal and then work hard in this direction. As for the result, I think it will be left to future generations to evaluate.

Yangcheng Evening News: Apart from online literature, have you tried to create more profound and serious literature?

I eat tomatoes: the boundaries of serious literature are actually rather vague. The essence of literature is to convey ideas. If the ideas you convey can still have a good influence on people after a hundred years, then I think your works are excellent literary works, and you are creating with a very serious attitude, which is exactly what I have been pursuing.

Yangcheng Evening News: Where does your creative source come from? What is the creative motivation?

I eat tomatoes: the source of my creation is the bits and pieces in my life, like sometimes looking at the blue sky and white clouds outside, I will conceive a very illusory world in my mind, or watching a news, which will also trigger some associations. These are the sources of creative materials.

If you are motivated to create, I feel that people still have to pursue something, and they can’t live in a daze all the time. I started writing in 2005, and it’s been 18 years now, which is equivalent to doing it all the time during the most creative period. Since this is the most important career in your life, I still hope to create some excellent works. If there are still works that are widely welcomed by readers many years later, it is still a very fulfilling thing for me.

Yangcheng Evening News: In your opinion, how does online literature creation relate to the times?

I eat tomatoes: as a member of society, the author will of course be influenced by various social news when he creates. However, for me personally, there is a certain time difference. Because when I write a novel, it is often long, up to several million words, so before I start writing, I will first determine the outline of the novel, and once it is decided, it will not be easily changed. Just like Jin Yong’s novels, there are many foreshadowing in the early stage, and these foreshadowing have already decided the direction of the later article. So the touch of news events may generally be integrated into the creation of my next work.

Yangcheng Evening News: Do you analyze readers’ preferences when creating?

I eat tomatoes: I may listen to readers’ opinions in the process of preparation, but once I start writing, I will stick to telling the story in my heart. I have written many creative themes, such as Xian Xia, science fiction, magic, city and so on. I like to challenge some unwritten themes, and different attempts are more fresh.

Yangcheng Evening News: What do you think or suggest about China’s online literature going out to sea?

I eat tomatoes: the first step of online literature is translation, so the translator is very important. A good translator should first like the work itself, and then be able to translate it into other languages smoothly. Besides the translator, the original work itself is fundamental. Another is the platform, which needs a suitable platform to spread excellent online literary works and reach overseas readers.

"Squid who loves diving":

Net articles with deep expression will have more audiences.

The online writer "Squid Who Loves Diving", whose real name is vilen, is a signing writer at the starting point and a platinum writer of Reading Group. He has written many online novels, such as "The Record of Death" (formerly known as "The Way to Immortality"), "The Divine Immortal", "The Master of Mysticity" and so on. Among them, the number of hits on the Internet of "The Divine Works of Olympiad Mathematics" exceeded 12 million, ranking first in the list of online novels in China in 2015 by Chinese Writers Association, and winning the first Biennial Award for Excellence in Chinese Online Literature.

He has also won the second "Mao Dun Literature Newcomer Award of Chinese Literature Foundation" and the third "Orange Melon Network Literature Award" and other honors. In 2016, he was elected as the vice chairman of the 8th Sichuan Writers Association. In 2019, he was elected as the chairman of Sichuan Network Writers Association.

Yangcheng Evening News: What do you think of the proposition of "classicalization" of online literature?

Squid who loves diving: I think there may be a long way to go to talk about the "classicalization" of online literature. What we should do first is to make it fine. As a creator, classicalization is definitely an unavoidable desire. But at this stage, as far as I am concerned, I can only say that I am constantly exploring in my own creative field and writing more timeless works, which can be passed down as much as possible.

Yangcheng Evening News: Will deep thoughts conflict with the pursuit of story in online literature?

Squid who loves diving: Not really, because online literature is aimed at hundreds of millions of readers. Some readers prefer relaxed and cool articles, while others want to see some works that can touch people’s hearts and arouse resonance. Network literature can’t please everyone, and it can only attract favorite readers as much as possible in its own field. On this basis, online literature with deep expression will have more audiences in the future.

Yangcheng Evening News: In your opinion, how has online literature changed in the past 20 or 20 years?

Squid who loves diving: the progress of technology has brought many changes to online literature. The earliest online literature was only serialized on the internet, and it was still a literary expression in essence. Later, with the development of technology, the era of mobile internet was ushered in, and many readers used their mobile phones to read books. At this time, as the author of online literature, in order to optimize the mobile phone reading experience, he will try to split long sentences into short sentences and remove large inner monologues. Now, with the assistance of AI, it can help to name the supporting role of the work, and even provide some story outlines, giving some ideas and inspiration. Of course, technology is always only an aid, which cannot replace the uniqueness of human creation, nor can it simulate the inner mental journey of each individual.

Yangcheng Evening News: What changes have you brought by engaging in online literature creation?

Squid who loves diving: I am very grateful to the industry of online literature, which makes me jump out of the established box.

Figure/Cai Yisheng

News BBC released the list of the top 100 dramas in the 21st century.

The top ten on the list are FireWire, Mad Men, Breaking Bad, Life in London, Game of Thrones, I can destroy you, Watch the Earth, American spy dreams, Laughing at the Office, and The Battle of Inheritance.　

A Lang, editor-in-chief of our magazine, was also invited to submit a list of his top ten plays, including Life in London, Battle of Inheritance and Game of Thrones.

# Movie News #

?　Riz Ahmed’s Talk on [Venom: Deadly Guardian] and Actor’s Self-cognition.

"I’m not saying that I don’t like these blockbusters, I just don’t know how to put myself in.

Those movies can teach you endurance, technology and craft, and can dig out your own artistry in that environment, which is also a skill.

Look at javier bardem in [007: Breaking the Sky]. At that time, I had not developed this set of skills to support my technical and emotional expression. "

"The idea of creating masks and wearing masks is very natural to me, because I am a person who grew up alternately between different cultural environments and class environments.

Performance is actually through’ transformation’(change yourself)To adapt to different environments, and recently I’m thinking about taking off my mask.

Of course, if you feel deep down that you are not who you really are-the right skin color, appearance, accent, etc.-then you will instinctively wear a mask.

So for me, this is a change of self-awareness, and I will say,’ You know what? I am perfect, we are all perfect.’ "

[memento mori],Nolan, don’t use Pete, use the new guy.

When casting [Amnesia Fragments], Brad Pitt was once considered as one of the most suitable candidates in the industry, but Christopher Nolan hoped to play it with a new person.

Guy pearce took the initiative to call Nolan after learning about it. He also knew that it sounded awkward for the actor to ask the director for the role, but he just felt that the role was very suitable for him.

Fortunately, Nolan feels the same way.

? Review the 1984 edition [Dune]

The new version of Dune will be released soon, and those who haven’t seen the 1984 version should hurry up.

Many Hollywood blockbusters that fail in business are often full of glamour:

The suspension change of the project, the legendary director’s tired memories, the adaptation of the original work, and the wonderful difference between the film itself and the current interest, from [sand dune] to [sand dune], can be much more than from worm to worm.

These are all reasons for aftertaste.

Emily Blunt joins Nolan’s new film.

Emily Blunt confirmed to join Nolan’s new World War II film [Oppenheimer]!

The film revolves around the story of Robert Oppenheimer, the father of the atomic bomb, and is expected to be released on July 21st, 2023.

This is also the collaboration between Emily and Cillian Murphy, the leading actor of this film, after Silent Land 2.

?　[Eternal Family] Many starring COVID-19 are closely connected.

Actors Angelina Jolie, salma hayek, gemma chan and Lauren Liedloff, who were scheduled to attend ELLE’s Hollywood Women’s Dinner, were cancelled before the event, because they had "had contact with people diagnosed in COVID-19".

And four actors have also appeared at the world premiere of the movie [Eternal Family] before. In this regard, a Disney official said:

[Eternal Family] The next publicity activities will be held online instead of offline. Up to now, COVID-19, the leading actor of [Eternal Family], has tested negative.

? Asghar farhadi’s new work [A Hero] officially confirmed his bid for the 94th Oscar for Best International Film.

The film tells that Rahim was imprisoned because he was unable to repay his debts. During his two-day parole, he tried to persuade his creditors to withdraw their complaints about paying part of the money, but things did not go as planned. ……

This film won the jury prize of the main competition unit of the 74th Cannes Film Festival.

Fahati will attack his third Oscar statuette after [a separation] and [a salesman].

? Amazon takes Garth Davis.([Lion])Global distribution rights of the new sci-fi thriller [enemy]

Starring Saoirse Ronan, Paul Meska and Aaron Pierre, the film tells the story of a husband who was selected to enter a large experimental space station, and their lives fell into chaos.

It is said that the transaction amount is as high as $30 million.

? A preview of kenneth branagh’s new film [Belfast]

The film, starring caitriona balfe, Judi Dench and jamie dornan, is set in the late 1960s and revolves around the life of a boy in a turbulent period.

The film will be released in North America on November 12th.

? Restricted explosions of Chinese movies

Recently, Netflix’s hit Korean drama "Squid Game" has caused concern and discussion about "teenagers imitating violent games in the drama" in many areas.

On the other hand, in China, in fact, there have been many big Chinese movies that were classified as restricted when they were released abroad.

Among the top ten films in China’s film history, six films were rated as restricted in different countries or regions:

[Wolf Warriors 2]In Alberta, Canada, it is rated as 18A (viewers under 18 must be accompanied by adults).

[Wandering Earth]It is rated as Grade 15 in Britain (suitable for viewers over 15).

[detective chinatown 3]In the United States, it is rated as R (restricted, recommended for viewers over 17 years old).

[Operation Red Sea]It is rated as 18A in many places in Canada (viewers under 18 must be accompanied by adults).

[Chinatown Detective Case 2]In the United States, it is rated as R (restricted, recommended for viewers over 17 years old).

[Mermaid]In the United States, it is rated as R (restricted, recommended for viewers over 17 years old).

The Survival Crisis of Disney in Early Years

Today, Disney is the entertainment overlord, but in the 1940s, it encountered a crisis of survival earlier than other Hollywood giants.

Pinocchio (1940) and Fantasia (1940) failed to continue the commercial success of Snow White, which led to the double financial pressure of Disney.

Within the company, too strict hierarchy led to a large number of animators going on strike and joining competitors, such as MGM or Warner’s animation department.

Then, the United States was involved in World War II, and a large number of animators became government employees to create propaganda animations, which led to the shelving and delay of projects such as Peter Pan, Alice in Wonderland and Beauty and the Tramp.

For the sake of the company’s survival,"suit animation"(The Package Films) has become an emergency measure of the studio, and has produced a loose mode of South American family, music mix and match, short film duet and so on.

The representatives of the first category, namely [To My Friends ](1942) and [Three Horsemen ](1944), are stories with political propaganda.

The second category is [Music for Me ](1946), [Melody Time ](1948) and other short stories that mix and match various musical forms;

The last category is similar to [The Great Adventure of Teacher Yi and Little Toad ](1949). The short stories in it could have been longer and more complete works, but they could not be continued because of the constraints, or they were greatly simplified and had to be packaged and produced.

These animations honed the animators of the studio at that time, and also earned Disney money to tide over the crisis.

?　Ryuhei Matsuda gets married.

Actor Ryuhei Matsuda ([The Story of a Boat]) and British-Japanese mixed-race model Morgan Moyaro announced their marriage, and they have been dating for two years. Morgan is pregnant at present, and the due date is next spring.

Latest! The list of the top 20 companies, such as brokerage asset management, fund accounts and fund subsidiaries, has come.

　　On the evening of March 24th, China Fund Industry Association disclosed the latest ranking of the asset management of securities firms, special accounts of fund companies and special accounts of fund subsidiaries.

　　With the gradual implementation of the new asset management regulations, the effect of breaking the cash pool model and curbing the channel business has appeared. The supervision of the asset management industry has continued to "prevent risks and return to the essence of investment", and the active management ability has been steadily improved, especially for securities companies. As of the fourth quarter of 2019, except for brokers with unparalleled data, the average monthly size of 19 of the top 20 brokers has all declined compared with the third quarter. At the same time, the improvement of active management ability of brokers is more obvious. In the fourth quarter of last year, six companies accounted for more than 50% of the active management scale, of which more companies accounted for more than 80% of the active management scale.

　　Average monthly scale of brokerage asset management:

　　oneThe scale of nine companies has declined, and this ranking has risen rapidly.

　　Under the trend of shrinking asset management scale, on the whole, in the fourth quarter of last year, except for brokers with unparalleled data, the average monthly size of 19 of the top 20 brokers all declined compared with the third quarter.

　　Specifically, in the fourth quarter of last year, there were six companies with an average monthly scale of 500 billion yuan, a decrease from the third quarter, namely, Guojun Asset Management, Huatai Asset Management, China Merchants Asset Management, and Securities. Among them, the average monthly scale is 1.1 trillion yuan, and it is still the only brokerage company with an average monthly scale of 1 trillion yuan. Guojun Asset Management is closely followed by 707.667 billion yuan, which is obviously different from the third place.

　　Compared with the last quarter, in the fourth quarter of 2019, there were 14 brokers whose asset management decreased by more than 5%, of which 6 brokers decreased by more than 10%, with the largest decline. In the fourth quarter of last year, the average monthly scale reached 129.129 billion yuan, down 13.02% from the third quarter.

　　The rankings of five companies have increased, among which the scale in the fourth quarter of last year was 140.147 billion yuan, ranking 16th, ranking four places higher, with the fastest growth rate. The six rankings have declined compared with the third quarter. Among them, the scale in the fourth quarter of last year reached 523.676 billion yuan, ranking sixth, and the ranking dropped by two places.

　　The latest list, in the fourth quarter of 2019, the average monthly scale reached 140.011 billion yuan, ranking 17 th.

　　In addition, the pattern of the top five is changing. In the fourth quarter of last year, securities fell out of the top five, while investment promotion and asset management made up for it, ranking fourth and fifth respectively. It should not be overlooked that the differentiation among brokers is still increasing. Among the 20 brokers, the brokerage ranked first is more than 8 times higher than the brokerage ranked last.

　　The active management scale of brokerage asset management:

　　The scale of 7 companies increased, and 6 companies accounted for more than 50%.

　　Since the release of the new asset management regulations, various regulatory rules and detailed rules have been gradually implemented, and a new operational framework for the asset management industry has been basically established. The return of business to active management and the completion of net worth transformation and upgrading have begun. Judging from the current progress, various families have made efforts to actively manage, and the effect is more obvious.

　　In the fourth quarter of last year, among the top 20 brokers, the scale of active management of 7 brokers increased to varying degrees compared with that of the third quarter, and two of them increased by more than 10%, namely BOC International Securities and China Merchants Asset Management. In the fourth quarter of 2019, the average monthly scale of assets actively managed by BOC International Securities was 72.065 billion yuan, up 15.91% from the third quarter, with the largest increase; The scale of active management of China Merchants Asset Management in the fourth quarter of last year was 181.441 billion yuan, an increase of 12.26% over the third quarter. In addition, the increase of,, and all exceeded 5%.

　　In addition, the proportion of active management of brokerage asset management is gradually increasing. Except for the brokers with unparalleled data, in the fourth quarter of last year, among the 15 brokers, 6 took the initiative to manage more than 50%, namely CICC, Huarong Securities, Zhongtai Asset Management, Guangfa Asset Management, Guojun Asset Management and Guangzheng Asset Management. Among them, in the fourth quarter of last year, CICC’s active management scale accounted for 81%, and it was the only company among 15 brokers that accounted for more than 80%. Huarong Securities took the second place with 72.5% active management scale. The proportion of active management scale of Zhongtai Asset Management and Guangfa Asset Management also exceeded 60%.

　　The scale of special accounts of fund companies is listed: 12 companies exceed 100 billion yuan.

　　According to the latest data, in the fourth quarter of 2019, 12 of the top 20 fund companies’ average monthly private asset management scale exceeded 100 billion yuan, a decrease from the third quarter. It is worth noting that in the fourth quarter of last year, the top five patterns of fund companies’ special accounts remained unchanged, namely Jianxin Fund, Chuangjin Hexin Fund, Bosera Fund, Huaxia Fund and E Fund, with average monthly scales of 536.089 billion yuan, 341.359 billion yuan, 221.394 billion yuan, 213.837 billion yuan and 189.228 billion yuan respectively, and the head effect was more obvious.

　　Pension management scale of fund companies:

　　ICBC Credit Suisse, E Fund and Boss ranked in the top three.

　　The pension scale of fund companies was also released last year. By the end of the fourth quarter of 2019, ICBC Credit Suisse, E Fund and Boss ranked in the top three, while harvest fund and Huaxia Fund ranked in the top five.

　　Average monthly size of special accounts of fund subsidiaries:

　　Jianxin Capital, China Merchants Wealth Asset Management and Agricultural Bank Huili Asset Management ranked in the top three.

　　In the fourth quarter of last year, among the top 20 private equity management companies of fund subsidiaries, 11 companies exceeded 100 billion yuan, of which CCB Capital ranked first with a scale of 580.137 billion yuan, and was far ahead, with a gap of more than 200 billion yuan from the second investment wealth management company, and ABC Huili Asset Management ranked third with an average monthly scale of 273.484 billion yuan, ranking one place higher than that in the third quarter.

　　In addition, Shenzhen Hongta Asset Management Co., Ltd. is the latest on the list. In the fourth quarter of 2019, the average size of the company was 59.997 billion yuan.

How long does the flu vaccine take effect？ Can kidney friends play？ All 10 questions are answered.

Original kidney online doctor group kidney online

Old friends who are familiar with us all know that every autumn, Kidney Online will advise kidney friends with stable conditions and poor resistance to get a flu vaccine!

Many people told us that it was because they listened to our advice that they were able to escape when colleagues and friends around them were lying down with the flu!

Influenza is more serious than the common cold, and its typical symptoms are fever, extreme fatigue, headache, body aches, cough and sore throat. → Regarding the flu vaccine, you may have many doubts, and we will answer them together.

1. Kidney disease, can you really get the flu vaccine?

Can! Many evidence-based medical guidelines suggest that patients with chronic kidney disease with stable condition should be given priority in influenza vaccination.

2. Can uremia and dialysis nephropathy patients play?

Can!

3. Can pregnant women fight?

Can!

4. What is the taboo of influenza vaccine?

The main taboo is: allergic to vaccine ingredients, resulting in adverse reactions. These people can’t be vaccinated.

And if your kidney disease is still unstable, or you are in an acute situation such as fever and cough, suspend vaccination.

5. Which vaccine is better, domestic or imported?

Use whatever you have.

6. When will you call? How long does it take to take effect?

The flu vaccine is a dozen a year, and it is best to complete the vaccination at the end of October. Inoculation is also possible now.

After 2-4 weeks of inoculation, protective antibodies began to be produced, and the protective effect lasted for about 1 year.

7. There are three prices and four prices. Which one do you want?

There are four prices, and four prices are preferred.

8. The flu vaccine we have here is said to be only cracked, so can we get it?

Sure.

"Lysis" is a method of vaccine production, which means that the lipid membrane structure of the virus is cracked and the virus "dies" more thoroughly.

9. Can you get the flu vaccine with nasal spray and kidney disease?

As we mentioned above, all patients with kidney disease can get influenza vaccine by injection, and the injection method is inactivated influenza vaccine, that is to say, the vaccine is "dead" and inactive.

If you still have a live attenuated influenza vaccine for 3-17 years old, you must pay attention to the fact that this kind of nasal spray is a live vaccine, and you must evaluate your immune status. It is not suitable for kidney friends who eat hormones, immunosuppression, kidney transplantation and other immunocompromised people.

10. Will influenza vaccination aggravate kidney disease?

Vaccination against influenza is the most effective means to prevent influenza and avoid its serious complications.

Every year, more than 60,000 people die of influenza-related respiratory diseases in China, most of whom are elderly people and people with basic chronic diseases. Therefore, our kidney friends are actually the key protection targets of the vaccine.

After vaccination, some people may have short-term slight fever, fatigue and runny nose, and generally the symptoms can disappear naturally in two or three days.

Others may see that nephropathy is usually an autoimmune disease, and vaccination will induce immune response, which will lead to immune activity and aggravate nephropathy.

However, based on the evidence of vaccination against autoimmune diseases such as lupus, rheumatoid arthritis and Sjogren’s syndrome, it is not found that influenza vaccine will significantly increase the activity of autoimmune diseases.

Presumably, this article has answered many doubts and concerns of kidney friends about influenza vaccination, and you are welcome to pass it on to your friends around you ~

References:

Immunizations in autoimmune inflammatory rheumatic disease in adults.uptodate

Immunizations in patients with end-stage kidney diseas.uptodate

Immunizations in solid organ transplant candidates and recipients.uptodate

Overview of the management of chronic kidney disease in adults.uptodate

Application status of influenza vaccine in China and discussion on policies to promote vaccination. Chinese Journal of Epidemiology.

Original title: "Influenza vaccine, how long will it take effect? Can kidney friends play? All the top 10 questions are answered.

Read the original text

Next year, we will focus on smart driving. Will BYD start the battle of ＂smart driving and equal rights＂？

In addition to new energy popularization, BYD may soon usher in a new label: smart driving popularization.

Recently, the Ministry of Industry and Information Technology announced the last new car declaration catalogue this year, and BYD’s new cars are listed. In addition to the brand-new models such as Equation Leopard Titanium 3 and UAV version, many new models including new models, new models, Sea Lion 05, Sea Lion 07, and new Qin PLUS have attracted wide attention in the market.

Judging from the application information of various new cars, BYD brand new cars such as the new Seagull, the new Dolphin and the new Qin PLUS will all provide "optional interior rearview mirror mounting base". This configuration actually means that these models will be equipped with a "three-eye visual hardware intelligent driving scheme", which can realize pure visual intelligent driving through multiple cameras in the whole car.

We also learned from relevant channels that the smart driving versions of new models, including 05, Dolphin and Sea Lion 07, are expected to be put on the market one after another in the first quarter of next year. According to the arrangement of Jielan Road, in addition to the series of products such as seagulls, dolphins, seals and sea lions modified by Ocean Net, Qin PLUS, Qin Plus and Han and Tang Family of Wang Chaowang will also be equipped with a three-eye visual hardware solution.

This means that after experiencing the strategy of "the same price of oil and electricity" and "electricity is lower than oil", the direction of the change of BYD brand hot models next year will mainly focus on smart driving. Starting from the first quarter of next year, BYD may change its lineup to promote the popularity of smart driving in the mainstream consumer market.

Previously, Zhang Zhuo, general manager of BYD Ocean Network, once said in an interview with the media that he hoped that BYD’s self-produced and self-sold intelligent driving system would be fully realized as standard in the models of about 150,000 yuan or even less in 2-3 years. Now it seems that 2025 is likely to be a crucial year for the large-scale popularization of BYD’s smart driving.

As BYD’s pure vision intelligent driving route scheme, the three-eye hardware vision scheme, as its name implies, covers different scenes through three cameras. Compared with monocular and binocular camera schemes, the three-eye hardware scheme has a wider field of vision and higher recognition accuracy.

Most importantly, compared with the lidar scheme, the hardware cost of the pure vision scheme independent of lidar will be lower. Cost is often the most important premise before the popularization and promotion of science and technology.

In order to reduce costs and improve their comprehensive competitive advantages, the second brand Ledao, including Xpeng Motors and Weilai Automobile, has adopted the pure vision intelligent driving scheme. Among them, Tucki P7+ is the first vehicle in Xpeng Motors to adopt the AI Hawkeye vision scheme, and Tucki P7+ AI intelligent driving can be independent of high-precision maps and lidar, and can adapt to the whole vehicle system with a set of software.

According to the latest data, the delivery volume of Tucki P7+ has exceeded 10,000 units only four weeks after listing, and the production has been expanded three times in one month. Through Tucki P7+, Xpeng Motors has obviously fired the first shot of the pure vision scheme.

According to Xpeng Motors, Tucki P7+ and subsequent models will no longer distinguish Max and Pro versions, and all models will be equipped with AI intelligent driving as standard. In addition to Tucki, the second-generation AION V and AION RT, which were launched by Guangzhou Automobile Ai ‘an before, all supported high-speed and map-free city navigation assistance. Although the intelligent driving scheme was not purely visual, it was realized by laser radar, but the prices of the second-generation AION V and AION RT also reached the mainstream price range of 150,000.

There are many other examples like this. For example, those equipped with Huawei’s Gankun Intelligent Driving ADS SE version have also reached the level of 150,000. The Baas version starts at a price of 149,900 yuan, and comes standard with 30 sensing hardware, which can realize high-speed NOA and full-scene navigation assistance NOA. In order to improve the competitiveness of new cars, the official has also given the free use right of full-scene navigation assistance NOA for five years.

The most noteworthy thing is Tesla. At the Tesla conference in October this year, Tess’s driverless taxi can achieve full automatic driving. According to Musk, the cost of Cybercab vehicles will be less than $30,000. Although the large-scale commercial production of this technology still needs a certain period, it has also caused expectations and optimism for Tesla to promote self-driving models into the mainstream market.

It can be seen that both lidar and pure vision scheme are just a means. From the ultimate goal, promoting the popularization and equal rights of high-level intelligent driving experience and occupying the mainstream market has increasingly become the consensus of all head car companies around the next stage of intelligent driving competition.

In this context, as a cliff-leading existence in the new energy market, BYD obviously needs to fill its shortcomings and improve its high-level intellectual driving competitiveness, so as to ensure its influence in the mainstream consumer market.

Since the beginning of this year, BYD has diversified its layout around the field of smart driving. For example, Equation Leopard has signed an in-depth strategic cooperation agreement with Huawei, and the first hard-core off-road SUV Equation Leopard equipped with Huawei’s Gankun Intelligent Driving ADS3.0 Intelligent Driving Scheme has come into the market, which can realize the whole scene from "parking space to parking space".

Besides the strategic cooperation with Huawei, before this year, BYD also had strategic cooperation with suppliers such as Horizon, Momenta, Baidu, NVIDIA and Bosch.

At the product level, since the beginning of this year, some mid-to-high-end and high-end models have also been equipped with BYD’s self-developed "Eye of God" intelligent driving scheme. Around self-research, BYD has set up two intelligent driving teams, Tianxuan and Sirius, in the middle of this year. The former is responsible for the high-order scheme, and the latter is oriented to the middle and low-order scheme.

In order to improve the efficiency of research and development, in October, the two teams completed the integration. This action of resource integration is also regarded by the outside world as a signal of BYD’s sprint and self-developed mass production. Although BYD’s smart driving performance is not excellent at this stage, it is believed that BYD will build a new moat in the new energy market on the basis of the bargaining power of supply chain brought by scale and the huge reputation of new energy in the first half, with BYD constantly strengthening its smart driving ability.

A new journey： defining new goals and writing a new chapter (entering a new era and embarking on a new journey)

　　Comrade Supreme Leader pointed out in the report of the 19th National Congress of the Communist Party of China: "From the 19th National Congress to the 20th National Congress, it is ‘ Two hundred years ’ The historical intersection period of the goal. We must not only build a well-off society in an all-round way and achieve the goal of the first century, but also start a new journey of building a socialist modern country in an all-round way and March towards the goal of the second century. " We should profoundly understand the spirit of the 19th National Congress of the Communist Party of China, make a decisive victory in building a well-off society in an all-round way with a never-ending mental state and an indomitable struggle posture, successfully start a new journey of building a socialist modernized country in an all-round way, and lay the foundation for the Chinese dream of realizing the great rejuvenation of the Chinese nation.

　　Clarify the new goal: building a socialist modern country in an all-round way in two steps

　　Socialism with Chinese characteristics’s development is the unity of stages and continuity. According to the changing conditions of the times, it is a basic experience for Socialism with Chinese characteristics to break down the great ideal into practical and specific goals and tasks, and complete them step by step and in stages.

　　After the reform and opening up, our party made strategic arrangements for China’s socialist modernization, and put forward a "three-step" strategy from food and clothing to a well-off society and then to basically realize modernization in the middle of the 21st century. On the basis that the first two goals have been achieved ahead of schedule, the goal of building a well-off society in an all-round way by the centenary of the founding of the Party and building China into a socialist modern country by the centenary of the founding of New China is put forward. Scientific goal setting and strategic arrangement have played an important leading role in China’s successful development.

　　Since the 18th National Congress of the Communist Party of China, on the basis of the great achievements made in China’s development since the founding of New China, especially since the reform and opening up, historic changes have taken place in the cause of the party and the state, and Socialism with Chinese characteristics has entered a new era. Based on the scientific judgment of the new historical orientation of China’s development, and in line with the people’s yearning for a better life, the 19th National Congress of the Communist Party of China will achieve the goal of the second century in two stages: the first stage, from 2020 to 2035, on the basis of building a well-off society in an all-round way, will strive for another 15 years to basically realize socialist modernization. This will advance the goal of basically realizing modernization in the middle of the 21st century put forward by our Party in 1980s to 2035. In the second stage, from 2035 to the middle of this century, on the basis of basically realizing modernization, we will strive for another 15 years to build China into a prosperous, strong, democratic, civilized, harmonious and beautiful socialist modernization power. It is a strategic arrangement for the development of Socialism with Chinese characteristics in the new era to build a well-off society in an all-round way, to basically realize modernization, and then to build a socialist modernization power in an all-round way.

　　Building a well-off society in an all-round way, basically realizing modernization and building a socialist modernization power in an all-round way are closely linked and connected with each other. The former is the foundation of the latter, while the latter is the development and promotion of the former. The report of the 19th National Congress of the Communist Party of China clearly describes the timetable, road map and task book for realizing modernization and national rejuvenation. We should deepen our understanding and make solid progress step by step.

　　Carrying out new ideas: arming the mind and guiding practice with Socialism with Chinese characteristics Thought of the Supreme Leader in the New Era.

　　The Communist Party of China (CPC)’s great practice of revolution, construction and reform led by China people for more than 90 years is a historical process of continuous struggle for saving the country, rejuvenating the country and strengthening the country, and seeking happiness for the people and national rejuvenation. In this historical process, our party has been pioneering and innovating with great theoretical courage, combining the basic principles of Marxism with China’s concrete reality, and constantly forming new achievements of Marxism in China, reaching a new height of Marxism in China, and guiding practice to achieve new success.

　　In the final analysis, it is necessary to make our country and nation "strong" as soon as possible to win the victory in building a well-off society in an all-round way, start a new journey of building a socialist modern country in an all-round way and continue to advance the great cause of Socialism with Chinese characteristics. The era of "being strong" calls for the theory of "being strong". Socialism with Chinese characteristics Thought of the Supreme Leader in the New Era is the inheritance and development of Marxism–Leninism, Mao Zedong Thought, Deng Xiaoping Theory, Theory of Three Represents and Scientific Outlook on Development, and the latest achievement of Marxism in China. It thinks about and grasps the future development of the Party and the country with a broader and longer-term vision, and systematically answers the major issues of the times, such as what kind of Socialism with Chinese characteristics to adhere to and develop, and how to adhere to and develop Socialism with Chinese characteristics, from the combination of theory and practice, which is the guiding ideology that must be adhered to and continuously developed for a long time to realize the Chinese dream of great rejuvenation of the Chinese nation.

　　Under the guidance of the Supreme Leader’s Socialism with Chinese characteristics Thought in the new era, building a well-off society in an all-round way by 2020 marks a key step for socialist China and the Chinese nation to "strengthen"; By the middle of this century, building a socialist modern power in an all-round way will mark the real strengthening of socialist China and the Chinese nation. In this great historical process, the Supreme Leader’s Socialism with Chinese characteristics Thought in the new era will continue to enrich and develop, and Marxism in contemporary China and Marxism in the 21st century will radiate more dazzling truth.

　　Solve new contradictions: continuously meet the people’s growing needs for a better life with more balanced and full development.

　　The times of Socialism with Chinese characteristics’s development are different, and the people have different requirements for a better life. In the early days of reform and opening up, China’s economic and social development level was very low. Accelerating the development of social production to meet the people’s growing material and cultural needs is the basic way to solve the main social contradictions. After more than 30 years of rapid development, the main social contradiction in our country has been transformed into the contradiction between the people’s growing need for a better life and the unbalanced development. The main problem to be solved is the problem encountered in the stage of "getting rich" to "getting strong". Only by closely following the changes of major social contradictions and promoting more balanced and adequate development can we better meet the growing needs of the people in economic, political, cultural, social and ecological aspects and better promote the all-round development of people and social progress.

　　To achieve a more balanced and full development, we must increase our efforts to make up for the shortcomings. From the stage of building a well-off society in an all-round way, "the economy is more developed, democracy is more sound, science and education are more advanced, culture is more prosperous, society is more harmonious, and people’s lives are more affluent" to the stage of basically realizing modernization, "being in the forefront of innovative countries" and "the people’s rights to equal participation and equal development are fully guaranteed. A country ruled by law, a government ruled by law and a society ruled by law have been basically established, the degree of social civilization has reached a new height, the common prosperity of all people has taken solid steps, the pattern of modern social governance has basically taken shape, the goal of beautiful China has been basically realized, and then the material civilization, political civilization, spiritual civilization, social civilization and ecological civilization will be comprehensively improved and the common prosperity of all people will be basically realized in the stage of building a powerful socialist country, which clearly shows that a more balanced and full development can be achieved.

　　Exploring new governance: giving full play to the party’s leadership advantages and improving the modernization level of state governance

　　Since the Second World War, although some countries once achieved rapid development, they failed to step into the threshold of modernization and fell into various "traps". One of the fundamental reasons is the lack of strong leadership of the ruling party and scientific and stable institutional guarantee. The greatest advantage of the Socialism with Chinese characteristics system is the leadership of the Communist Party of China (CPC). In the new era, to give full play to the party’s leadership advantages, we must unswervingly adhere to the party’s leadership, constantly improve the party’s leadership, and especially constantly improve the party’s ability and level of governing the country.

　　Looking at the historical process since the birth of socialism, how to govern a brand-new society like socialist society has not been well solved in the past world socialist practice. Since the reform and opening up, our party has been thinking about the issue of state governance from a new perspective, emphasizing that the issues of leadership system and organizational system are more fundamental, overall, stable and long-term. In the new era of Socialism with Chinese characteristics, a major historical task before us is to promote the Socialism with Chinese characteristics system to be more mature and stereotyped, and to provide a complete, more stable and more effective system for the development of the cause of the party and the state, for the happiness and well-being of the people, for social harmony and stability, and for the long-term stability of the country.

　　In order to provide such an institutional system, the Third Plenary Session of the Eighteenth Central Committee of the Communist Party of China proposed that "the overall goal of comprehensively deepening reform is to improve and develop the Socialism with Chinese characteristics system and promote the modernization of the national governance system and governance capacity"; By 2020, it is necessary to form a systematic, scientific, standardized and effective system to make all aspects of the system more mature and stereotyped. In the report of the 19th National Congress of the Communist Party of China, the Supreme Leader further clarified the goal of modernization of the national governance system and governance capacity: by 2035, all aspects of the system will be more perfect, and the modernization of the national governance system and governance capacity will be basically realized; By the middle of this century, the national governance system and governance capacity will be modernized. The gradual realization of the goal of modernization of state governance will certainly give full play to the party’s leadership advantages, release huge institutional energy, effectively guarantee all undertakings to a new level, and successfully write a new chapter in realizing the goal of "two hundred years" and the Chinese nation’s great rejuvenation of the Chinese dream.

　　(The author is Zhu Bingyuan, a professor at the Institute of Marxism of Suzhou University)

Aouita Aouita 12 is listed, with a price of 300,800 yuan. The more you look at the intellectual S7, the more pleasing it is.

On November 10th, the long-awaited Aouita 12 was officially listed. Aouita is a brand jointly built by Changan, Huawei and Contemporary Amperex Technology Co., Limited, so there is no doubt about the car-making technology. After the listing of Aouita 11 (Parameter | Inquiry), the market feedback is that the price is too high and the popularity is not enough, and the sales volume is maintained at 2,000 vehicles per month.

In fact, it is similar to the tonality of Zhiji brand. However, Aouita 12, which was listed this time, did not fight the price war, but continued to maintain its high head. The price of Aouita 12 came to 300,800 ~ 400,800 yuan, and it will be delivered in December.

Although the price may be a little expensive, the owner of Aouita 11 still won’t feel that he is a "bitter species", which is much better than that of Zhiji LS6, which has no bottom line. Ceo Tan Benhong, the chairman of Aouita Science and Technology, said that he would not blindly pursue sales, and had planned to sell around 30,000 vehicles a year. He also said that brands that sell more than 10,000 vehicles a month basically don’t need to look at them now, and they have made 5-6 products, averaging around 2,000 vehicles a month.

And at the press conference, many brands were implicitly mentioned: some friends only used top-of-the-line models for marketing, selling more than 300,000 cars, but not equipped with lidar, which increased the price of models containing lidar by tens of thousands, and said that many friends described how powerful their smart driving was, but they launched expensive subscription packages after they didn’t land.

Of course, it may not be convenient for this friend Tan to call the roll, and this probably refers to the three brands of Krypton, Tesla and Wenjie.

At present, Aouita 12 has been listed,Aouita 12 is equipped with Huawei advanced intelligent driving system ADS 2.0. And the whole system comes standard with 29 intelligent driving sensors, including 3 laser radars, 3 millimeter-wave radars, 11 high-definition cameras and 12 ultrasonic radars, which gives the whole vehicle a stronger perception.

In addition, ADS 2.0 can realize intelligent driving coverage of high-speed, urban and parking scenes, and it is also more suitable for the complicated road traffic scenes in China.

In addition to intelligent driving, Aouita 12 is equipped with a three-spoke multi-function steering wheel with a novel shape. Above the center console, it is equipped with a 35.4-inch 4K panoramic integrated widescreen, in which the left and right sides are the display screens of electronic rearview mirrors, and the floating central control large screen is 15.6 inches. It adopts the design style of embracing cockpit, and the interior technology is quite good.

In terms of body size, Aouita 12 has a body length, width and height of 5020×1999×1460mm and a wheelbase of 3020mm, respectively, and is positioned as a medium and large car.

In terms of power, the two models of Aouita 12 will be equipped with Huawei DriveONE motor system. The maximum power of a single motor of the rear-drive model is 230kW, and the maximum power of the front/rear motors of the dual-motor four-wheel drive model is 195kW and 230kW respectively. The whole system will be equipped with a ternary lithium battery of Contemporary Amperex Technology Co., Limited with a capacity of 94.53kWh. The comprehensive cruising range of the single-motor version is 700km, and the cruising range of the dual-motor four-wheel drive version is 650km.

Of course, after all this talk, we must say whether Aouita 12 is worth starting with. Now Aouita 12 is taking intelligent driving, but in the current environment, L3-level intelligent assisted driving can be made, but it is absolutely not allowed to go on the road. Therefore, it is completely unnecessary to buy a 300,000 Aouita 12 intelligent driver, which is why we say that it is better to buy a 258,000 intelligent S7, which is also equipped with the HarmonyOS 4 intelligent cockpit and ADS 2.0 Huawei advanced intelligent driver assistance system.

If L3-level intelligent assisted driving is allowed to go on the road one day, the intelligent S7 will also carry out OTA upgrade. In a word, if the price is expensive, there is a reason not to buy it.