Article 66 of Questions and Answers on the Implementation Points of the New Company Law: Chapter 5: Shareholders’ Rights and Equity Transfer System

Chapter V Shareholders’ Rights and Equity Transfer System

47. When the equity of a limited liability company is transferred, when can the transferee claim to exercise the shareholders’ rights from the company?

The company has an important legal status in the equity transfer, and the company shall be notified of the equity transfer. The change of the shareholders’ register is a sufficient condition for the transferee to obtain the equity, and it is also an important certificate for the shareholders to claim to exercise their rights to the company. The company shall change the shareholders’ register in time after knowing the fact of the equity transfer. When the company completes the act of changing the register of shareholders, it means that the company has recognized the transferee to join the company as a new shareholder, and the transferee enjoys the corresponding shareholder rights.

Legal tip: Before the equity registration change is completed, the equity enjoyed by the transferee shall not be opposed to a bona fide third party. If the company refuses to change, resulting in the corresponding losses of the transferee, the company shall be liable for compensation, and the company may also pursue the legal liability for violating the fiduciary duty from the responsible directors and senior management.

Comparison between old and new laws:

The new company law, the original company law and related regulations

Article 86 Where a shareholder transfers his equity, he shall notify the company in writing and request to change the register of shareholders. Where it is necessary to go through the registration of change, and request the company to go through the registration of change with the company registration authority. If the company refuses or fails to reply within a reasonable period of time, the transferor and transferee may bring a lawsuit to the people’s court according to law.

In the case of equity transfer, the transferee may claim the exercise of shareholders’ rights from the time it is recorded in the register of shareholders.

Article 73 After the equity is transferred in accordance with Articles 71 and 72 of this Law, the company shall cancel the capital contribution certificate of the original shareholder, issue the capital contribution certificate to the new shareholder, and modify the records of shareholders and their capital contribution in the Articles of Association and the register of shareholders accordingly. This amendment to the Articles of Association does not need to be voted by the shareholders’ meeting.

48, after the implementation of the new "Company Law", the legitimate rights and interests of subsidiaries have been infringed, but the subsidiaries have not or are slow to safeguard their rights and interests, do the shareholders of the parent company have the right to bring a lawsuit in their own name?

Eligible shareholders may bring a lawsuit on behalf of the company if the board of directors and the board of supervisors fail or refuse to perform their duties; Shareholders of the parent company can also exercise the right to file a lawsuit on behalf of the wholly-owned subsidiary according to their shareholder relationship with the parent company and the shareholding structure of the parent company, and the litigation effect belongs to the subsidiary rather than the parent company. Just like the shareholder’s representative lawsuit, the shareholders of the parent company should perform the pre-procedure and exhaust internal remedies when they file a representative lawsuit, otherwise they have no right to file a representative lawsuit.

Legal Tip: The shareholding requirements of the qualified plaintiff in the shareholder’s dual representative lawsuit depend on the company type of the parent company, that is, when the parent company is a joint stock limited company, it must hold more than 1% of the shares of the parent company for more than 180 consecutive days, and the limited liability company can hold the shares of the parent company. When it becomes a shareholder of the parent company and the shareholding ratio will not affect the plaintiff’s subject qualification. In order to cooperate with the dual representative litigation, the shareholders of the parent company can exercise the right to know about the wholly-owned subsidiaries if they meet the conditions.

Comparison between old and new laws:

The new company law, the original company law and related regulations

Article 110 Shareholders have the right to consult and copy the company’s articles of association, shareholders’ register, minutes of shareholders’ meetings, resolutions of board meetings, resolutions of board meetings, and financial and accounting reports, and make suggestions or queries on the company’s operation.

Where shareholders who individually or collectively hold more than 3% of the company’s shares for more than 180 consecutive days request to consult the company’s accounting books and vouchers, the provisions of paragraphs 2, 3 and 4 of Article 57 of this Law shall apply. Where the articles of association have lower provisions on the shareholding ratio, such provisions shall prevail.

The provisions of the preceding two paragraphs shall apply to shareholders who request to consult and copy the relevant materials of wholly-owned subsidiaries of the company.

Shareholders of listed companies shall abide by the provisions of the Securities Law of People’s Republic of China (PRC) and other laws and administrative regulations when consulting and copying relevant materials.

Article 97 Shareholders have the right to consult the Articles of Association, the register of shareholders, corporate bond stubs, minutes of shareholders’ general meetings, resolutions of board meetings, resolutions of board meetings and financial and accounting reports, and make suggestions or queries on the operation of the company.

Article 189 Where a director or senior manager is in any of the circumstances specified in the preceding article, shareholders of a limited liability company or shareholders of a joint stock limited company who individually or collectively hold more than 1% of the company’s shares for more than 180 consecutive days may request the board of supervisors to file a lawsuit in a people’s court in writing; Where the supervisor is in any of the circumstances specified in the preceding article, the aforesaid shareholders may request the board of directors to bring a lawsuit to the people’s court in writing.

If the board of supervisors or the board of directors refuses to bring a lawsuit after receiving the written request of the shareholders specified in the preceding paragraph, or fails to bring a lawsuit within 30 days from the date of receiving the request, or the interests of the company will be irretrievably damaged if the case is urgent and the lawsuit is not brought immediately, the shareholders specified in the preceding paragraph have the right to bring a lawsuit directly to the people’s court in their own name for the interests of the company.

If others infringe upon the legitimate rights and interests of the company and cause losses to the company, the shareholders specified in the first paragraph of this article may bring a lawsuit to the people’s court in accordance with the provisions of the preceding two paragraphs.

Where the directors, supervisors and senior managers of a wholly-owned subsidiary of the company are in any of the circumstances specified in the preceding article, or others infringe upon the legitimate rights and interests of the wholly-owned subsidiary of the company and cause losses, shareholders of a limited liability company or shareholders of a joint stock limited company who individually or collectively hold more than one percent of the company’s shares for more than 180 consecutive days may, in accordance with the provisions of the preceding three paragraphs, request in writing the board of supervisors and the board of directors of the wholly-owned subsidiary to file a lawsuit in a people’s court or directly file a lawsuit in their own name.

Article 151 Where a director or senior manager has any of the circumstances specified in Article 149 of this Law, shareholders of a limited liability company or shareholders of a joint stock limited company who individually or collectively hold more than 1% of the company’s shares for more than 180 consecutive days may request in writing the board of supervisors or supervisors of a limited liability company without a board of supervisors to bring a lawsuit to the people’s court; Where the supervisor is in any of the circumstances specified in Article 149 of this Law, the aforementioned shareholders may request in writing the board of directors or the executive director of a limited liability company without a board of directors to bring a lawsuit to the people’s court.

Where the board of supervisors, supervisors of a limited liability company without a board of supervisors, or the board of directors and executive directors refuse to bring a lawsuit after receiving the written request from the shareholders specified in the preceding paragraph, or fail to bring a lawsuit within 30 days from the date of receiving the request, or the interests of the company will be irretrievably damaged if the case is urgent and the lawsuit is not brought immediately, the shareholders specified in the preceding paragraph have the right to bring a lawsuit directly to the people’s court in their own name for the benefit of the company.

If others infringe upon the legitimate rights and interests of the company and cause losses to the company, the shareholders specified in the first paragraph of this article may bring a lawsuit to the people’s court in accordance with the provisions of the preceding two paragraphs.

49. Can the company refuse the request of shareholders to consult accounting books and accounting vouchers?

Shareholders’ right to know involves the balance of interests between the company and shareholders. While protecting shareholders’ rights, we should also take into account the overall interests of the company to prevent shareholders from abusing the right to know and harming the interests of the company. Accounting vouchers include original vouchers and accounting vouchers, which can directly reflect the dynamic economic business of enterprises. By consulting the company’s accounting vouchers, shareholders can more directly understand the company’s operation, which is conducive to reducing the negative impact of information asymmetry on the protection of shareholders’ legitimate rights and interests. Under normal circumstances, accounting vouchers are also the scope for shareholders to exercise their right to know. However, since the company’s accounting books and vouchers belong to the company’s sensitive information, if the company has evidence to prove that the shareholders have improper purposes, which may harm the company’s interests, it may refuse to consult the request and give a written reply to the shareholders within 15 days from the date of the shareholders’ written request and explain the reasons.

Legal tip: shareholders can only exercise their right to know accounting vouchers by "consulting" and have no right to copy them. Shareholders’ access to accounting vouchers should be related to the purpose of their written request, and shareholders have no right to access them beyond the scope of the purpose of access.

Comparison between old and new laws:

The new company law, the original company law and related regulations

Article 57 Shareholders have the right to consult and copy the Articles of Association, the register of shareholders, minutes of shareholders’ meetings, resolutions of board meetings, resolutions of board meetings and financial accounting reports.

Shareholders may request to consult the company’s accounting books and vouchers. Where a shareholder requests to consult the company’s accounting books and vouchers, he shall submit a written request to the company, explaining the purpose. If the company has reasonable grounds to believe that shareholders have improper purposes in consulting accounting books and accounting vouchers, which may harm the legitimate interests of the company, it may refuse to provide access, and shall give a written reply to shareholders within 15 days from the date of their written request and explain the reasons. If the company refuses to provide inspection, the shareholders may bring a lawsuit to the people’s court.

Shareholders may entrust accounting firms, law firms and other intermediaries to consult the materials specified in the preceding paragraph.

Shareholders and their entrusted accounting firms, law firms and other intermediaries shall abide by the provisions of laws and administrative regulations on the protection of state secrets, business secrets, personal privacy and personal information when consulting and copying relevant materials.

The provisions of the preceding four paragraphs shall apply to shareholders who request to consult and copy the relevant materials of wholly-owned subsidiaries of the company.

Article 33 Shareholders have the right to consult and copy the Articles of Association, minutes of shareholders’ meetings, resolutions of board meetings, resolutions of board meetings and financial and accounting reports.

Shareholders may request to consult the company’s accounting books. Where a shareholder requests to consult the company’s accounting books, he shall submit a written request to the company, explaining the purpose. If the company has reasonable grounds to believe that the shareholders’ access to the accounting books has improper purposes, which may harm the legitimate interests of the company, it may refuse to provide access, and shall give a written reply to the shareholders within 15 days from the date of the shareholders’ written request and explain the reasons. If the company refuses to provide inspection, the shareholders may request the people’s court to require the company to provide inspection.

Article 110 Shareholders have the right to consult and copy the company’s articles of association, shareholders’ register, minutes of shareholders’ meetings, resolutions of board meetings, resolutions of board meetings, and financial and accounting reports, and make suggestions or queries on the company’s operation.

Where shareholders who individually or collectively hold more than 3% of the company’s shares for more than 180 consecutive days request to consult the company’s accounting books and vouchers, the provisions of paragraphs 2, 3 and 4 of Article 57 of this Law shall apply. Where the articles of association have lower provisions on the shareholding ratio, such provisions shall prevail.

The provisions of the preceding two paragraphs shall apply to shareholders who request to consult and copy the relevant materials of wholly-owned subsidiaries of the company.

Shareholders of listed companies shall abide by the provisions of the Securities Law of People’s Republic of China (PRC) and other laws and administrative regulations when consulting and copying relevant materials.

Article 97 Shareholders have the right to consult the Articles of Association, the register of shareholders, corporate bond stubs, minutes of shareholders’ general meetings, resolutions of board meetings, resolutions of board meetings and financial and accounting reports, and make suggestions or queries on the operation of the company.

50. Do shareholders need to state their purpose when exercising their right to know?

Shareholders’ right to know is the right for shareholders to obtain company information and understand the company’s situation, the premise for shareholders to participate in the decision-making on major issues of the company, and the basis for shareholders to exercise other rights smoothly. Therefore, when shareholders consult the articles of association, shareholders’ register, minutes of shareholders’ meeting, minutes of board meeting, minutes of board meeting and financial accounting report, it is unnecessary to state the purpose of consulting. Only when consulting accounting books and accounting vouchers, it should be based on legitimate and goodwill purposes and directly related to its status or interests as a shareholder. If the shareholders are not for the above-mentioned purposes, but have a substantial competitive business relationship with the company’s main business because they are self-employed or operate for others, or the company may damage the company’s interests in order to inform others of the relevant information, or the company has evidence to prove that the shareholders have informed others of the relevant information by exercising the right to know, it may be regarded as having an improper purpose, and the company may refuse the inquiry request.

Legal Tip: When exercising the right to know, shareholders should abide by laws and administrative regulations such as keeping state secrets, business secrets, personal privacy, personal information, etc. If shareholders and their assistants violate confidentiality obligations and cause damage to the company’s interests, they should bear relevant tort liability.

Comparison between old and new laws:

The new company law, the original company law and related regulations

Article 57 Shareholders have the right to consult and copy the Articles of Association, the register of shareholders, minutes of shareholders’ meetings, resolutions of board meetings, resolutions of board meetings and financial accounting reports.

Shareholders may request to consult the company’s accounting books and vouchers. Where a shareholder requests to consult the company’s accounting books and vouchers, he shall submit a written request to the company, stating the purpose. If the company has reasonable grounds to believe that shareholders have improper purposes in consulting accounting books and accounting vouchers, which may damage the legitimate rights and interests of the company, it may refuse to provide access, and shall give a written reply to shareholders within 15 days from the date of their written request and explain the reasons. If the company refuses to provide inspection, the shareholders bring a lawsuit to the people’s court.

Shareholders may entrust accounting firms, law firms and other intermediaries to consult the materials specified in the preceding paragraph.

Shareholders and their entrusted accounting firms, law firms and other intermediaries shall abide by the provisions of laws and administrative regulations on the protection of state secrets, business secrets, personal privacy and personal information when consulting and copying relevant materials.

The provisions of the preceding four paragraphs shall apply to shareholders who request to consult and copy the relevant materials of wholly-owned subsidiaries of the company.

Article 8 of Judicial Interpretation IV of the Company Law If a limited liability company has evidence to prove that its shareholders have any of the following circumstances, the people’s court shall determine that the shareholders have "improper purposes" as stipulated in the second paragraph of Article 33 of the Company Law:

(1) Where a shareholder runs a business that is substantially competitive with the company’s main business on his own account or for others, unless otherwise stipulated in the articles of association or agreed by all shareholders;

(2) Shareholders consult the company’s accounting books in order to inform others about relevant information, which may harm the legitimate interests of the company;

(3) Shareholders have informed others of relevant information by consulting the company’s accounting books within three years before the date of filing a request for consulting with the company, which has harmed the legitimate interests of the company;

(4) Other circumstances in which shareholders have improper purposes.

51. After the shareholders of a limited liability company transfer their shares to the outside world and other shareholders claim to exercise the preemptive right, can the transferring shareholders give up the transfer?

Shareholders’ property ownership is protected by law, and shareholders enjoy the right to dispose of their own property freely according to law. Before the transferring shareholder has not signed an agreement with the transferee, the transferring shareholder’s disposition of property ownership is not restricted. When it is not satisfied that it can transfer its equity to a specific transaction object selected by it, it has the right to give up the equity transfer and not sign an equity transfer contract with the intended transferee.

Legal tip: Protecting other shareholders’ preemptive right is the condition of equity transfer, but it doesn’t mean that shareholders have no right to refuse other shareholders to exercise their preemptive right. As long as shareholders give up the external transfer of equity, they can continue to hold equity.

Comparison between old and new laws:

The new company law, the original company law and related regulations

Article 84 Shareholders of a limited liability company may transfer all or part of their shares to each other.

Where a shareholder transfers his equity to a person other than a shareholder, he shall notify other shareholders in writing of the quantity, price, payment method and time limit of his equity transfer, and other shareholders shall have the preemptive right under the same conditions. If the shareholder fails to reply within 30 days from the date of receiving the written notice, it shall be deemed as giving up the preemptive right. Where two or more shareholders exercise the preemptive right, their respective purchase proportions shall be determined through consultation; If negotiation fails, the preemptive right shall be exercised in accordance with their respective investment proportions at the time of transfer.

Where there are other provisions on equity transfer in the articles of association, such provisions shall prevail.

Article 20 of Judicial Interpretation 4 of the Company Law, if the transferring shareholder of a limited liability company refuses to transfer the equity after other shareholders claim the preemptive right, the people’s court will not support the claim of the preemptive right of other shareholders, unless otherwise stipulated in the articles of association or agreed by all shareholders. If other shareholders claim that it is reasonable to transfer shareholders to compensate their losses, the people’s court shall support them.

52. How can the transferee seek relief if it is found that the capital contribution corresponding to the equity has escaped or is untrue after the equity is transferred?

After the capital contribution is withdrawn or the equity transfer with false capital contribution is made, the transferor and the transferee shall be jointly and severally liable within the scope of insufficient capital contribution, but if the transferee has evidence to prove that he did not know and should not have known of the above situation, the transferor shall be liable. If the transferee discovers it in time, he may exercise the right to terminate the contract or cancel it, etc. After assuming the responsibility for not finding it in time, you can recover from the transferor and ask him to bear the liability for breach of contract.

Legal tip: The transferee shall fulfill the corresponding due diligence obligation and carefully verify the capital contribution of the equity to be transferred. At the same time, it may stipulate in the contract the liability for withdrawing capital contribution or making false capital contribution and the transferor’s liability for breach of contract.

Comparison between old and new laws:

The new company law, the original company law and related regulations

Article 88 Where a shareholder transfers the equity that has subscribed for capital contribution but has not yet reached the deadline for capital contribution, the transferee shall bear the obligation to pay the capital contribution; If the transferee fails to pay the capital contribution in full and on time, the transferor shall bear supplementary responsibilities for the capital contribution that the transferee fails to pay on time.

If a shareholder fails to pay the capital contribution according to the date stipulated in the Articles of Association or the actual price of the non-monetary property as capital contribution is significantly lower than the subscribed capital contribution, the transferor and transferee shall bear joint liability within the scope of insufficient capital contribution; If the transferee does not know and should not know of the above situation, the transferor shall bear the responsibility. Article 18, paragraph 1, of Interpretation III of the Company Law, the shareholders of a limited liability company transfer their shares without fulfilling or fully fulfilling their capital contribution obligations, and the transferee knows or should know that if the company requests the shareholders to fulfill their capital contribution obligations and the transferee is jointly and severally liable for this, the people’s court shall support it; If the creditors of the company bring a lawsuit to the shareholder in accordance with the second paragraph of Article 13 of these Provisions, and at the same time request the transferee to bear joint and several liability for this, the people’s court shall support it.

53. The company has not made a resolution of shareholders’ meeting on profit distribution. Can shareholders sue for profit distribution?

Profit distribution right is an important right of shareholders, but whether and how much the company distributes profits is a matter of independent decision-making in principle, based on the business judgment made by the company. According to the company’s capital situation and future development plan, the company can make a decision to distribute profits, or not to distribute profits according to business needs. When the shareholders’ meeting fails to make a resolution on the distribution of profits, the people’s court generally does not support the shareholders’ lawsuit requesting the distribution of profits.

Legal Tip: Although the shareholders have no right to ask the company to distribute profits when the shareholders’ meeting of the company fails to make a resolution, unless the shareholders provide evidence to prove that the company does not distribute profits due to the abuse of shareholders’ rights in violation of the law, it will cause losses to other shareholders. The purpose of shareholders’ investment is to obtain investment income. If the company does not distribute profits to shareholders of the company for five consecutive years in line with the profit distribution, shareholders have the right to request the company to buy back their shares.

Comparison between old and new laws:

The new company law, the original company law and related regulations

Article 210 When distributing the after-tax profits of the current year, the company shall allocate 10% of the profits to the company’s statutory reserve fund. If the accumulated amount of the statutory common reserve fund of the company is more than 50% of the registered capital of the company, it may not be withdrawn.

If the statutory reserve fund of the company is insufficient to make up for the losses of the previous year, the profits of the current year shall be used to make up for the losses before the statutory reserve fund is withdrawn in accordance with the provisions of the preceding paragraph.

After the company withdraws the statutory reserve fund from the after-tax profit, it can also withdraw any reserve fund from the after-tax profit after the resolution of the shareholders’ meeting.

The after-tax profits of the company after making up the losses and withdrawing the common reserve fund shall be distributed by the limited liability company according to the proportion of the capital contribution actually paid by the shareholders, unless all the shareholders agree not to distribute the profits according to the proportion of the capital contribution; A joint stock limited company distributes profits according to the proportion of shares held by shareholders, unless otherwise stipulated in the articles of association.

The company’s shares held by the company shall not be distributed with profits.

Article 166 When distributing the after-tax profits of the current year, the company shall allocate 10% of the profits to the company’s statutory reserve fund. If the accumulated amount of the statutory common reserve fund of the company is more than 50% of the registered capital of the company, it may not be withdrawn.

If the statutory reserve fund of the company is insufficient to make up for the losses of the previous year, the profits of the current year shall be used to make up for the losses before the statutory reserve fund is withdrawn in accordance with the provisions of the preceding paragraph.

After the company withdraws the statutory reserve fund from the after-tax profits, it may also withdraw any reserve fund from the after-tax profits upon the resolution of the shareholders’ meeting or shareholders’ meeting.

The after-tax profits of the company after making up the losses and withdrawing the provident fund shall be distributed by the limited liability company in accordance with the provisions of Article 34 of this Law; A joint stock limited company shall distribute shares according to the proportion of shares held by shareholders, unless the articles of association of a joint stock limited company stipulate that the shares shall not be distributed according to the proportion of shares held.

If the shareholders’ meeting, shareholders’ general meeting or the board of directors violates the provisions of the preceding paragraph and distributes profits to shareholders before the company makes up losses and withdraws the statutory reserve fund, the shareholders must return the profits distributed in violation of the provisions to the company.

The company’s shares held by the company shall not be distributed with profits.

54. After the implementation of the new Company Law, how can a joint stock limited company issue classified shares?

According to the company’s articles of association, a joint stock limited company may issue the following types of shares: shares with priority or inferior distribution of profits or residual property; Shares with more or less voting rights per share than ordinary shares; The transfer of restricted shares shall be subject to the consent of the company; Other types of units specified by the State Council. A company that publicly issues shares, except those that have been issued before the public offering, can only issue preferred shares or inferior shares in principle; In the election and replacement of supervisors or members of the audit committee, preferred shares or inferior shares enjoy the same voting rights as ordinary shares.

Legal tip: shareholders of classified shares are usually in a weak position in corporate governance, so companies that issue classified shares should specify measures to protect the rights and interests of minority shareholders in their articles of association, so as to prevent the issuance of classified shares from violating the concept of substantive equality of shareholders. The supervisor and the audit committee are supervision individuals of the company. Shareholders of preferred shares (inferior shares) and voting shares are required to keep the same number of voting rights as those of ordinary shareholders when the above members are elected and replaced, which can prevent them from improperly interfering with the exercise of the company’s supervision right by virtue of the selection of supervisors and damaging the legitimate rights of ordinary shareholders.

Comparison between old and new laws:

The new company law, the original company law and related regulations

Article 144 A company may, in accordance with the provisions of its articles of association, issue the following types of shares with rights different from those of ordinary shares:

(a) the priority or inferior distribution of profits or shares of surplus property;

(2) Shares with more or less voting rights per share than ordinary shares;

(3) The transfer of shares subject to restrictions such as the consent of the company;

(4) Other types of units specified by the State Council.

A company that publicly issues shares may not issue shares of the categories specified in Items 2 and 3 of the preceding paragraph; Except those that have been issued before the public offering.

Where the company issues the classified shares specified in Item 2 of Paragraph 1 of this Article, the number of voting rights of the classified shares is the same as that of the common shares for the election and replacement of the supervisors or members of the audit committee.

Article 145 A company that issues class shares shall specify the following items in its articles of association:

(1) The order in which the class shares distribute profits or surplus property;

(2) The number of voting rights of class shares;

(3) restrictions on the transfer of class shares;

(4) Measures to protect the rights and interests of minority shareholders;

(5) Other matters that the shareholders’ meeting deems necessary.

Article 131 the State Council may make separate regulations on the issuance of shares of companies other than those specified in this Law.

55. Is the stock holding behavior of listed companies prohibited?

As a public company, the ownership structure and actual control of listed companies must be open and transparent to ensure that investors can understand the company’s operating conditions and risks. Individuals or institutions should strictly abide by the provisions of laws and administrative regulations, such as the nominal holding system in Shanghai-Hong Kong Stock Connect and Shenzhen-Hong Kong Stock Connect, and the settlement institution recorded in the register of shareholders of listed companies is the nominal holder. This kind of apparent holding is a legal institutional arrangement and should not be denied. However, if the consignment behavior affects the truthfulness, accuracy and completeness of the information disclosure of listed companies, causing investors to misjudge the listed companies and related situations, or even hiding criminal acts such as corruption and bribery, it is prohibited.

Legal Tip: Most of the regulations on the stock consignment behavior of listed companies focus on the rules and regulations of the CSRC. The core criterion is whether the consignment behavior seriously damages the financial security of the country or the management order in a specific field. If the departmental rules and regulations reflect the principled value orientation of financial management and financial security, violating the relevant regulations may lead to the behavior being invalid because it violates the principle of good faith or the principle of public order and good customs.

Comparison between old and new laws:

The new company law, the original company law and related regulations

Article 140th A listed company shall disclose the information of shareholders and actual controllers according to law, and the relevant information shall be true, accurate and complete.

It is forbidden to hold shares of listed companies in violation of laws and administrative regulations.

The information disclosed by the information disclosure obligor in the second paragraph of Article 78 of the Securities Law shall be true, accurate, complete, concise, clear and easy to understand, and there shall be no false records, misleading statements or major omissions.

56. Can a subsidiary of a listed company acquire the shares of the listed company?

A holding subsidiary of a listed company shall not directly or indirectly purchase or hold shares of the listed company. If it holds shares of the listed company due to company merger, pledge exercise and other reasons, it shall not only exercise the right to vote, but also dispose of the shares of the listed company in a timely manner. Cross-shareholding between listed companies and their holding subsidiaries is prohibited, so as to ensure that the relationship between them is transparent, fair and independent, prevent potential conflicts of interest and improper control, and safeguard the stability and fairness of the capital market.

Legal Tip: The holding subsidiary of a listed company should dispose of its shares in a timely manner. If the holding subsidiary of a listed company does hold shares for special reasons according to the Listing Rules of Shenzhen Stock Exchange, the situation should be eliminated within one year.

Comparison between old and new laws:

The new company law, the original company law and related regulations

Article 141 A holding subsidiary of a listed company shall not acquire shares of the listed company.

Where a holding subsidiary of a listed company holds shares of the listed company due to company merger, pledge exercise and other reasons, it shall not exercise the voting rights corresponding to the shares held, and shall dispose of the shares of the listed company in a timely manner.

To be continued.

Original title: "Article 66 Questions and Answers on the Implementation Points of the New Company Law" Part V: Shareholders’ Rights and Equity Transfer System "

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Accurately recognizing change, responding scientifically and actively seeking change (people’s view)

  The strong vitality and leading power of the supreme leader’s economic thought are embodied in responding to the changes of the times, leading the times, standing at the forefront of the times, constantly answering new questions raised by the development of the times, and constantly developing to adapt to the changes of the times.

  The supreme leader’s economic thought clearly points out the new methods and paths of economic and social development from "how to see" to "how to do", which has injected strong confidence and motivation for successfully coping with various risks and challenges.

  Not long ago, the semi-annual report on China’s economy was released. In the first half of this year, GDP increased by 2.5% year-on-year, and the economy achieved positive growth in the second quarter. Since the beginning of this year, the century-long changes have intertwined with the century-long epidemic. The "triple pressure" faced by China’s economy has become more prominent, and the impact of unexpected factors has suddenly increased. At the critical moment of development, the General Secretary of the Supreme Leader held the flag and steered the ship, and the whole country made concerted efforts to overcome difficulties, which stabilized the basic disk of economic and social development to the greatest extent and handed over hard-won answers.

  Great times give birth to great ideas, and great ideas lead great practice. General Secretary of the Supreme Leader emphasized at the seminar on "Learning the spirit of the important speech of the General Secretary of the Supreme Leader and Meeting the 20th Party Congress" that "having the guidance of Marxist scientific theory is our party’s distinctive political character and strong political advantage." Practice tells us that why the Communist Party of China (CPC) can and why Socialism with Chinese characteristics is good is, in the final analysis, a Marxist line. Standing at the forefront of the times, the supreme leader’s economic thoughts have insight into the times, grasped the pulse of the times, and based on the historical orientation of Socialism with Chinese characteristics entering a new era, put forward the idea of coordinating the overall situation of the great rejuvenation strategy of the Chinese nation and the great changes that have never happened in the world in a century, emphasized the need to accurately recognize changes, respond scientifically, take the initiative to seek changes, and adhere to the correct strategic strategy, which established strategic coordinates and provided strategic guidance for economic work in the new era. The strong vitality and leading power of the supreme leader’s economic thought are embodied in responding to the changes of the times, leading the times, setting the tide of the times, constantly answering new questions raised by the development of the times, and constantly developing to adapt to the changes of the times.

  He who observes the situation is wise, and he who controls the situation wins. To do a good job in economic work, we must deeply understand the staged changes in economic development. Since the 18th National Congress of the Communist Party of China, we have made great judgments such as "China’s economic development has entered a new normal", "China’s development is still in an important period of strategic opportunities", and profoundly grasped the world development trend such as "economic globalization has encountered a countercurrent", "the world has undergone a great change in a hundred years to accelerate its evolution" and "development is the eternal theme of human society". The CPC Central Committee with the Supreme Leader as the core stands at the height of coordinating the overall situation of the great rejuvenation strategy of the Chinese nation and the unprecedented changes in the world in the past century, coordinating the two major domestic and international situations and developing security, having a clearer understanding of the overall situation of domestic and international development, having a more accurate grasp of the new historical position of China’s development, and laying a solid foundation for making preparations and making decisions. Practice has fully proved that only by listening to the voice of the times, responding to the call of the times and seriously studying and solving major and urgent problems can we truly grasp the historical context, find the law of development and promote theoretical innovation.

  The wise change with time, and the wise make it with things. According to the changes of China’s development stage, environment and conditions, it is emphasized that "a new development pattern with domestic large circulation as the main body and domestic and international double circulation promoting each other" will be gradually formed; In the face of the "stuck neck" problem in many fields, it is pointed out that "we must adhere to the problem orientation, give full play to the advantages of the new national system, work hard and catch up, and accelerate the realization of scientific and technological self-reliance"; In the face of "how to overcome the epidemic? How to build a post-epidemic world? " The question of this era advocates that all countries in the world "insist on tearing down the wall instead of building it, opening up without isolation, integrating without decoupling, and promoting the construction of an open world economy" … … In response to the needs of the times and scientific response to changes, the Supreme Leader’s economic thoughts clearly pointed out the new methods and new paths of economic and social development from "how to look" to "how to do", which injected strong confidence and motivation for successfully coping with various risk challenges and promoting China’s economic ship to break the waves and achieve stability.

  When you take advantage of the situation, you can’t lose it. In adapting to the new situation, solving new problems and coping with new challenges, the supreme leader’s economic thought has formed a series of theoretical achievements with distinctive times and creativity. From creatively putting forward a major theoretical viewpoint of strengthening the Party’s overall leadership over economic work, to creatively putting forward a new development concept of innovation, coordination, green, openness and sharing, and then creatively putting forward an important idea of promoting and perfecting the socialist market economic system, the supreme leader’s economic thought insists on observing, grasping and leading the times with Marxism, and insists on shooting the "right" of China’s economic development in the new era with the "arrow" of Marxist political economy, which profoundly answers many major theories and theories.

  The better you know, the better you will do. Standing at a new historical starting point, thoroughly studying and implementing the economic thought of the Supreme Leader, with the wisdom of understanding change, the way to adapt to changes, the courage to seek change, and the hard work and courage to move forward, we will certainly be able to solidly promote stable, healthy and sustainable economic development and make new and greater contributions to building a socialist modern country in an all-round way and realizing the Chinese dream of the great rejuvenation of the Chinese nation.

  People’s Daily (August 2, 2022, 05 edition)

Nearly 400,000 vehicles are urgently recalled! Shenzhen people speed self-examination

recent days

The General Administration of Market Supervision issued

The new issue of automobile product recall notice

This issue involves Mercedes-Benz, BMW and Polar Star.

Shenzhen people check themselves quickly!

↓↓↓

01

run quickly

Recall some imported and domestic cars

Recently, Mercedes-Benz (China) Automobile Sales Co., Ltd. and Beijing Benz Automobile Co., Ltd. decided to recall the following vehicles.

I Mercedes-Benz (China) Automobile Sales Co., Ltd.

Since March 29, 2024, some imported GLE SUV and GLS SUV vehicles with production dates from July 5, 2018 to November 2, 2023 have been recalled, totaling 60,470 vehicles.

Second, Beijing Benz Automobile Co., Ltd.

Since August 9, 2024, some C-class, E-class and GLK vehicles with production dates from December 2, 2010 to October 31, 2014 have been recalled, totaling 204,255 vehicles.

3. Mercedes-Benz (China) Automobile Sales Co., Ltd. and Beijing Benz Automobile Co., Ltd.

Since April 17, 2024, some imported C-class, S-class, EQE, SL and domestic C-class and GLC SUV with production dates from February 6, 2023 to October 13, 2023 have been recalled, totaling 94,574 vehicles.

Reason for recall

Some vehicles within the scope of this recall (1) may turn off during driving due to the software development deviation of the gearbox control unit, and there are potential safety hazards under the specific conditions that the driver lightly steps on the brake pedal and the automatic gearbox is lowered from the 7th gear to the 6th gear.

For some vehicles within the scope of this recall (2), the factory assembled 12V batteries may have electrolyte oozing from the vicinity of the pole after long-term use. In extreme cases, the battery sensor is damaged, and the condensed water in the air penetrates into the battery sensor, causing corrosion or even short circuit, which may cause fire risk.

Due to the welding process deviation of 80A fuses of some vehicles within the scope of this recall (III), the connection of fuses may be interrupted or the current required for fusing may be too high, resulting in the failure of related systems, the vehicles may lose power, the restraint system and instrument display may be affected, and there are potential safety hazards. In addition, the risk of fire is not ruled out.

Disposal measures

For vehicles within the recall range (1), Mercedes-Benz (China) Automobile Sales Co., Ltd. will upgrade the gearbox control unit software for vehicles within the recall range free of charge through authorized dealers of Mercedes-Benz, so as to eliminate potential safety hazards.

For vehicles within the scope of recall (2), Beijing Benz Automobile Co., Ltd. will replace the factory-assembled batteries still in use on the current vehicles free of charge through Mercedes-Benz authorized dealers. At the same time, overhaul the battery wiring harness and battery sensor of the vehicle, and replace them if there are corrosion traces to eliminate potential safety hazards.

For the vehicles within the recall scope (3), Mercedes-Benz (China) Automobile Sales Co., Ltd. and Beijing Benz Automobile Co., Ltd. will replace the affected fuse boxes for the vehicles within the recall scope free of charge through Mercedes-Benz authorized dealers to eliminate potential safety hazards.

Recall contact instructions

Mercedes-Benz (China) Automobile Sales Co., Ltd. and/or Beijing Benz Automobile Co., Ltd. will notify the relevant users of the recall by registered mail. Users can call the service hotline: 400-818-1188 through landline or mobile phone for consultation (service time is 24 hours a day from Monday to Sunday).

02

BMW

Recall some imported and domestic cars

Recently, BMW (China) Automobile Trading Co., Ltd. and BMW Brilliance Automobile Co., Ltd. decided to recall the following vehicles.

I. BMW (China) Automobile Trading Co., Ltd.

Since March 29th, 2024, a total of 20 imported XM cars with production dates from October 5th, 2023 to November 7th, 2023 have been recalled.

2. BMW Brilliance Automobile Co., Ltd. and BMW (China) Automobile Trading Co., Ltd.

From September 1, 2024, some domestic X1 vehicles with production dates from April 13, 2023 to December 12, 2023 were recalled, totaling 13,569 vehicles; A total of 97 domestic X5 cars were produced from August 17th, 2023 to November 15th, 2023. Recall some imported X5M cars with production date from March 16, 2023 to July 26, 2023, totaling 166 units; A total of 70 X6M cars were imported from March 23rd, 2023 to July 25th, 2023. A total of 1,240 X6 cars were imported from February 23rd, 2023 to November 23rd, 2023. A total of 9,504 X7 cars were imported from July 14th, 2022 to August 2nd, 2023. A total of 100 XM cars were imported from December 8, 2022 to July 18, 2023; A total of 14,174 7-series cars were imported from June 13th, 2022 to October 5th, 2023.

Reason for recall

Due to production and assembly reasons, the tailgate cover and tailgate holder may peel off at one or more bonding points for some vehicles within the scope of this recall. In extreme cases, the tailgate cover may be separated from the vehicle, posing a danger to other road users and posing a safety hazard.

Due to manufacturing reasons, the electric signal of the motor position sensor of the integrated brake booster (DSCi) is disturbed for the vehicles within the recall scope (II), which may cause DSCi to fail to provide auxiliary braking, affect the functions of anti-lock braking system (ABS) and dynamic stability control system (DSC), and have potential safety hazards.

Disposal measures

For the vehicles within the recall range (1), BMW (China) Automobile Trading Co., Ltd. will check the tailgate cover for the vehicles within the recall range free of charge, and replace them if they do not meet the requirements, so as to eliminate potential safety hazards.

For the vehicles within the recall scope (2), BMW Brilliance Automobile Co., Ltd. and BMW (China) Automobile Trading Co., Ltd. will replace the integrated brake booster for the vehicles within the recall scope free of charge to eliminate potential safety hazards.

Recall contact instructions

BMW Brilliance Automobile Co., Ltd. and BMW (China) Automobile Trading Co., Ltd. will notify relevant users by registered mail, interconnected driving messages and other forms. Users can call BMW’s after-sales service hotline: 400-800-6666 (fixed line or mobile phone) to learn more about the recall.

03

Polar star

Recall some polar star 4 pure electric vehicles

Polar Star Automobile Sales Co., Ltd. decided to recall some domestic polar star 4 pure electric vehicles from November 29, 2023 to February 1, 2024, totaling 1,867 vehicles.

 

Reason for recall

Some vehicles within the scope of this recall may trigger the brake control degradation due to the software problems of the brake controller, resulting in the failure of braking electronic power assistance and other functions, weakened braking efficiency, and potential safety hazards.

Disposal measures

If the user encounters the fault of the braking system indicated by the vehicle instrument, it is suggested to keep the vehicle at a safe distance and increase the brake pedal force when braking.

Polar Star Automobile Sales Co., Ltd. will upgrade the software for vehicles within the recall range free of charge through OTA technology; For vehicles that cannot be upgraded through OTA technology, Polar Star Automobile Sales Co., Ltd. will take the initiative to contact relevant users to upgrade the vehicles for free to eliminate potential safety hazards.

Recall contact instructions

Polar Star Automobile Sales Co., Ltd. will send a letter to relevant users about the recall by registered mail. After the recall begins, the polar star automobile user support center will take the initiative to contact the relevant car owners to arrange the recall. Users can call the polar star user support hotline: 4006171017 through mobile phones and fixed telephones for consultation.

There are thousands of roads, and travel safety is the first!

Recall is related to safety.

I suggest you check yourself as soon as possible.

Eliminate potential safety hazards in time

Sources of information: Shenzhen market supervision, Shenzhen big event.

Overall integration: Luohu release

If you need to reprint, please indicate the above contents.

Cost-effective/Large Space Comments on Three Seven-seat SUVs within 80,000.

    [XCAR New Car Review Original]

    With the full liberalization of the national second child policy, many families choose to give birth to a second baby, but after the baby is born, problems also follow. It seems that the original five-seat SUV at home is not enough, but there is no room for economic conditions to choose seven-seat commercial vehicles, so many people have begun to seek a seven-seat SUV model with high cost performance. At this time, the advantage of the 7-seat SUV within 80,000 yuan is very obvious. In today’s article, let’s take a look at three China-branded 7-seat SUVs with a cost performance ratio of less than 80,000 yuan. They are Zotye Damai X5 Seven-seat Edition, Kerry K50S and Beiqi Magic Speed S3.

Cost-effective/Large Space Comments on Three Seven-seat SUVs within 80,000.

    Model: Zotye Damai X5 Seven-seat Edition

    Price range:7.99-84,900 yuan

    Highlights of the model: three rows and seven seats, 1.5T engine, rich configuration and large space.

    On January 14th, 2016, Zotye Damai X5 seven-seat model was officially launched. The new car adopts the layout of three rows and seven seats, and the whole system is equipped with a 1.5T engine. This time, four models have been launched.The price range is 79.9-85.9 thousand yuan.

Damai X5

    The design of the seven-seat version of Damai X5 is basically the same as that of the five-seat version. The air intake grille in the front face of the new car adopts dot matrix design, with bright chrome bars around it, and the chrome bars in the middle are connected with the "zotye" new car logo. The lower air intake grille uses a number of slender chrome-plated strips, which looks a bit delicate.

Damai X5

Damai X5

    The dimensions and specifications of the new car are as high as 4527/1836/1682mm, and the wheelbase is 2680 mm. The whole body line is tight and smooth, calm and atmospheric. Coupled with the brand-new aluminum luggage rack on the roof, the visual effect is once again improved.

Damai X5

    Damai X5 is fully covered with leather interior, and each seam is stitched with thick thread, which can effectively enhance the visual impact and achieve the perfect integration of luxury and comfort. The barrel instrument panel is clear in both shape and font selection, but the display function of the small LCD screen with considerable area is slightly lacking, and it can only simply display information such as mileage and fuel quantity.

Damai X5

Damai X5

    The 8-inch touch-controlled central control large screen has rich functions, and the resolution and touch feedback of the screen itself are good, and the interface is relatively simple. Including navigation, Bluetooth phone, reversing images, AUX and USB playback and other functions are readily available. Electronic handbrake and automatic parking function are also equipped, and the addition of these two configurations can show the sincerity of Zotye Automobile.

Damai X5

Damai X5

    Zotye Damai X5′ s seat is wrapped in leather with red stitching, which makes it sporty. At the same time, the full leather seat filler is soft, which can provide a more comfortable riding environment for the occupants in the car. It is a pity that the main driver’s seat of Damai X5 is not equipped with electric adjustment function.

Damai X5

    In terms of interior and configuration, the biggest difference between the seven-seat version and the five-seat version is the addition of a third row of seats. As can be seen from the figure, due to the size limitation of the Damai X5 body, the space of the third row seat of the car will not be very large. However, the second row of seats is equipped with sliding rails, so it will be very convenient for the third row of passengers to get on and off.

Damai X5

Damai X5

Damai X5 7-seat edition

    At the same time, in order to meet the needs of passengers in the third row, the luggage compartment of Damai X5 seven-seat version has also been modified to some extent. First of all, the cup holder and storage space are added above the wheel arch of the rear wheel of the car, and the third row of seat belts is also added at the D-pillar.

Damai X5

    In terms of power, Zotye Damai X5 is equipped with Mitsubishi 4A91T series engine, which inherits mature technology, stable performance and strong explosive force. Its maximum power is 110kW and maximum torque is 195Nm.In terms of chassis suspension, the new car adopts front McPherson and rear torsion beam suspension.In terms of driving form, Damai X5 did not launch a four-wheel drive model, but adopted the common predecessor form of urban SUV. In terms of suspension structure, the front suspension adopts McPherson independent suspension and the rear suspension adopts torsion beam semi-independent suspension structure.   

Brothers fight GAC Toyota Highlander vs Crown Lu Fang.

Model picture Basic parameter Highlander 2024 2.5L Smart Hybrid Dual-engine Four-wheel Drive Premium Edition 7 seats Highlander 2024 2.5L Smart Electric Hybrid Dual-Engine Two-Drive Elite Edition 5 seats Crown Lu Fang 2024 2.5L HEV Four-wheel Drive Premium Edition Crown Lu Fang 2024 2.5L HEV two-wheel drive deluxe edition Manufacturer’s guide price 309,800 249,800 309,800 284,800 Dealer quotation manufacturer Gac Toyota Gac Toyota Faw Toyota Faw Toyota grade Medium SUV Medium SUV Medium SUV Medium SUV Energy type Hybrid Hybrid Hybrid Hybrid Environmental protection standard Guo VI Guo VI Guo VI Guo VI Time to market 2024.05 2024.05 2024.05 2024.05 Maximum power (kW) 181 181 181 181 Maximum torque (n m) – – – – engine 2.5L 189 HP L4 2.5L 189 HP L4 2.5L 189 HP L4 2.5L 189 HP L4 Motor (Ps) 237 182 237 182 gearbox E-CVT stepless speed change E-CVT stepless speed change E-CVT stepless speed change E-CVT stepless speed change Length * width * height (mm) 4965*1930*1750 4965*1930*1750 5015*1930*1750 5015*1930*1750 Body structure 5-door 7-seat SUV 5-door 5-seat SUV 5-door 7-seat SUV 5-door 7-seat SUV Maximum speed (km/h) one hundred and eighty  one hundred and eighty  one hundred and eighty  one hundred and eighty  Official 0-100km/h acceleration (s) – – – – WLTC comprehensive fuel consumption (L/100km) 5.97 5.82 5.97 5.82 Vehicle warranty Three years or 100 thousand kilometers Three years or 100 thousand kilometers Three years or 100 thousand kilometers Three years or 100 thousand kilometers Warranty policy for the first car owner – – – – bodywork Highlander 2024 2.5L Smart Hybrid Dual-engine Four-wheel Drive Premium Edition 7 seats Highlander 2024 2.5L Smart Electric Hybrid Dual-Engine Two-Drive Elite Edition 5 seats Crown Lu Fang 2024 2.5L HEV Four-wheel Drive Premium Edition Crown Lu Fang 2024 2.5L HEV two-wheel drive deluxe edition Length (mm) 4965 4965 5015 5015 Width (mm) 1930 1930 1930 1930 Height (mm) 1750 1750 1750 1750 Wheelbase (mm) 2850 2850 2850 2850 Front track (mm) 1655 1655 1655 1655 Rear wheel track (mm) 1660 1660 1660 1660 Approach angle (). 18 18 17 16 Departure angle (degree) 22 22 twenty twenty Minimum turning radius (m) 5.7 5.7 5.7 5.7 Body structure SUV SUV SUV SUV Door opening mode vertical hinged door vertical hinged door vertical hinged door vertical hinged door Number of vehicles (units) five five five five Number of seats (units) seven five seven seven Tank volume (l) 65 65 65 65 Trunk volume (l) – – – – Curb quality (kg) 2080 1930 2085 2010 Maximum fully loaded mass (kg) 2700 two thousand and five hundred 2700 2620 engine Highlander 2024 2.5L Smart Hybrid Dual-engine Four-wheel Drive Premium Edition 7 seats Highlander 2024 2.5L Smart Electric Hybrid Dual-Engine Two-Drive Elite Edition 5 seats Crown Lu Fang 2024 2.5L HEV Four-wheel Drive Premium Edition Crown Lu Fang 2024 2.5L HEV two-wheel drive deluxe edition Engine model A25D A25D A25F A25F Displacement (mL) 2487 2487 2487 2487 Displacement (l) 2.5 2.5 2.5 2.5 Air intake form Natural inspiration Natural inspiration Natural inspiration Natural inspiration Engine layout Transverse position Transverse position Transverse position Transverse position Cylinder arrangement form L L L L Number of cylinders (each) four four four four Number of valves per cylinder (units) four four four four Compression ratio 14 14 14 14 admission gear DOHC DOHC DOHC DOHC Cylinder diameter (mm) – – 87.5 87.5 Travel (mm) – – 103.4 103.4 Maximum horsepower (Ps) 189 189 189 189 Maximum power (kW) 139 139 139 139 Maximum power speed (rpm) 6000 6000 6000 6000 Maximum torque (n m) 236 236 236 236 Maximum torque speed (rpm) 4200-4700 4200-4700 4200-4700 4200-4700 Maximum net power (kW) 139 139 139 139 Engine specific technology VVT-iE VVT-iE VVT-iE VVT-iE Fuel form Hybrid Hybrid Hybrid Hybrid Fuel label No.92 No.92 No.92 No.92 Oil supply mode Mixed injection Mixed injection Mixed injection Mixed injection Cylinder head material aluminium alloy aluminium alloy aluminium alloy aluminium alloy Cylinder block material aluminium alloy aluminium alloy aluminium alloy aluminium alloy Environmental protection standard Guo VI Guo VI Guo VI Guo VI electric motor Highlander 2024 2.5L Smart Hybrid Dual-engine Four-wheel Drive Premium Edition 7 seats Highlander 2024 2.5L Smart Electric Hybrid Dual-Engine Two-Drive Elite Edition 5 seats Crown Lu Fang 2024 2.5L HEV Four-wheel Drive Premium Edition Crown Lu Fang 2024 2.5L HEV two-wheel drive deluxe edition Motor type Permanent magnet/synchronization Permanent magnet/synchronization Permanent magnet/synchronization Permanent magnet/synchronization Total power of motor (kW) 174 134 174 134 Total power of motor (Ps) – – – – Total torque of motor (n m) 391 270 391 270 Maximum power of front motor (kW) 134 134 134 134 Maximum torque of front motor (n m) 270 270 270 270 Maximum power of rear motor (kW) 40 – 40 – Maximum torque of rear motor (n m) 121 – 121 – System comprehensive power (kW) 181 181 181 181 System comprehensive power (Ps) 246 246 246 246 Number of driving motors bi-motor Single motor bi-motor Single motor Motor layout Front+rear prepose Front+rear prepose Battery type nickel-hydrogen battery nickel-hydrogen battery nickel-hydrogen battery nickel-hydrogen battery Battery brand Kelimei Kelimei Xinzhongyuan Toyota Xinzhongyuan Toyota Battery energy (kWh) – – – – Power consumption per 100 km (kWh/100km) – – – – Battery pack warranty – – Eight years or 200,000 kilometers. Eight years or 200,000 kilometers. Fast charging function – – – – Fast charging time (hours) – – – – Slow charging time (hours) – – – – Fast charge (%) – – – – gearbox Highlander 2024 2.5L Smart Hybrid Dual-engine Four-wheel Drive Premium Edition 7 seats Highlander 2024 2.5L Smart Electric Hybrid Dual-Engine Two-Drive Elite Edition 5 seats Crown Lu Fang 2024 2.5L HEV Four-wheel Drive Premium Edition Crown Lu Fang 2024 2.5L HEV two-wheel drive deluxe edition Number of gears infinitely variable speeds infinitely variable speeds infinitely variable speeds infinitely variable speeds Gearbox type Electronic continuously variable gearbox (E-CVT) Electronic continuously variable gearbox (E-CVT) Electronic continuously variable gearbox (E-CVT) Electronic continuously variable gearbox (E-CVT) abbreviation E-CVT stepless speed change E-CVT stepless speed change E-CVT stepless speed change E-CVT stepless speed change Chassis steering Highlander 2024 2.5L Smart Hybrid Dual-engine Four-wheel Drive Premium Edition 7 seats Highlander 2024 2.5L Smart Electric Hybrid Dual-Engine Two-Drive Elite Edition 5 seats Crown Lu Fang 2024 2.5L HEV Four-wheel Drive Premium Edition Crown Lu Fang 2024 2.5L HEV two-wheel drive deluxe edition type of drive front engine Precursor front engine Precursor Four-wheel drive form Electric four-wheel drive – Electric four-wheel drive – Central differential structure – – – – Front suspension type mcphersonindependent suspension mcphersonindependent suspension mcphersonindependent suspension mcphersonindependent suspension Rear suspension type Double wishbone independent suspension Double wishbone independent suspension Double wishbone independent suspension Double wishbone independent suspension Type of assistance Electric booster Electric booster Electric booster Electric booster Car body structure Bearing type Bearing type Bearing type Bearing type Wheel braking Highlander 2024 2.5L Smart Hybrid Dual-engine Four-wheel Drive Premium Edition 7 seats Highlander 2024 2.5L Smart Electric Hybrid Dual-Engine Two-Drive Elite Edition 5 seats Crown Lu Fang 2024 2.5L HEV Four-wheel Drive Premium Edition Crown Lu Fang 2024 2.5L HEV two-wheel drive deluxe edition Front brake type Ventilated disc Ventilated disc Ventilated disc Ventilated disc Rear brake type Ventilated disc Ventilated disc Ventilated disc Ventilated disc Parking brake type electrical parking brake electrical parking brake electrical parking brake electrical parking brake Former tyre size 235/55 R20 235/65 R18 235/55 R20 235/55 R20 After tyre size. 235/55 R20 235/65 R18 235/55 R20 235/55 R20 Spare tire specification Non-Full-Size Non-Full-Size Non-Full-Size Non-Full-Size

Adhere to the "six unifications" and explore the law of comprehensively and strictly administering the party.

  Author: Professor Wu Qiong, School of Marxism, Beijing Jiaotong University.

  Since the 18th National Congress of the Communist Party of China, our Party has further deepened its understanding of the laws governing the Party in an all-round way under the new situation, and its application in practice has become more conscious. At the Second Plenary Session of the 19th Central Commission for Discipline Inspection, the Supreme Leader systematically and profoundly summed up the important experience of strictly administering the Party in an all-round way since the 18th National Congress of the Communist Party of China, namely, "persisting in the unity of ideological party building and institutional party management, adhering to the unity of mission guidance and problem orientation, and persisting in grasping ‘ Key minority ’ Heguan ‘ The vast majority ’ Unify, adhere to the unity of exercising power and taking responsibility, adhere to the unity of strict management and caring for trust, and adhere to the unity of inner-party supervision and mass supervision. " These experiences are precious and need our long-term persistence and deepening. It is of great significance for our party to study and grasp the law of strictly administering the party in an all-round way under the new situation, to improve the scientific level of party building, to uphold and strengthen the overall leadership of the party, to lead the great struggle, the great cause and finally to realize the great dream.

Adhere to the "six unifications" and explore the law of comprehensively and strictly administering the party.

  It is the basic feature and essential requirement of Marxism to be good at understanding and grasping the law and doing things according to it. Strictly administering the party in an all-round way, like other things, has its own laws. The Communist Party of China (CPC) is a Marxist political party known for its strictness. "To govern the country, we must govern the party first, and the party must be strict." Since its establishment, the Communist Party of China (CPC) clearly put forward and vigorously advocated strict management of the party and the party, and regarded it as the core concept of strengthening self-construction and the basic requirement for party member cadres. In 1929, Gutian Conference established the principle of ideological party building and political army building according to the erroneous ideas of pure military viewpoint, rogue thought, individualism, extreme democratization and absolute average existing in the party and army at that time. During the period of War of Resistance against Japanese Aggression, Yan ‘an rectification movement was carried out to solve the problems of subjectivism, sectarianism and stereotyped Party writing, which promoted the establishment of the ideological line of seeking truth from facts within the whole party. On the eve of the national victory of the China Revolution, faced with the pride, the pause for progress and the desire for pleasure, our Party put forward the thought of "Two Musts" and a series of measures to strictly manage the Party. After the Third Plenary Session of the Eleventh Central Committee, guided by the ideological line of seeking truth from facts, the Party concentrated the wisdom of the whole party, constantly thought deeply about how to strictly manage the Party in power, and accumulated valuable experience in party building in practice, such as focusing on ideological party building, attaching importance to branch building and cadre team building, and advocating criticism and self-criticism.Adhere to close contact with the masses and so on. These proven experiences are of great significance to the comprehensive and strict administration of the Party.

  Since the 18th National Congress of the Communist Party of China, the CPC Central Committee with the Supreme Leader as the core has insisted that the Party should manage the Party strictly, made new plans and new arrangements for Party building from a strategic height, and formed the idea of comprehensively and strictly administering the Party. "Strictly administering the Party in an all-round way" not only comes down in one continuous line with the fine tradition of the Party, but also focuses on the new historical conditions, which endows the new era connotation of "strictly administering the Party" and makes the management of the Party more solid and more in line with the practical needs. Scientific basis and fundamental compliance. For example, adhere to the close combination of ideological party building and institutional party management, and solve the problems of party member cadres’ ideals, beliefs and value pursuit through ideological party building; Governing the party through the system solves the problems of behavioral norms and restraint supervision. Governing the party by system is inseparable from the guidance of scientific thought, and the achievements and regularity of ideological party building depend on the system to guarantee and consolidate the party; Adhere to the unity of grasping the "key minority" and managing the "overwhelming majority". To manage the party, the party should first manage cadres and strictly manage the party, and the key is to strictly manage officials. Strictly administering the Party in an all-round way not only sets universal requirements for party member, but also sets higher and stricter standards for "key minorities", especially senior cadres. It is necessary to effectively strengthen supervision over leading cadres and always maintain a high-pressure situation of punishing corruption; Adhering to the unity of mission guidance and problem orientation, the whole party should, with the political courage of self-revolution, focus on solving the outstanding problems existing in the party itself and constantly enhance the party’s ability of self-purification, self-improvement, self-innovation and self-improvement.To withstand the "four major tests" and overcome the "four dangers", we must also focus on the future, strengthen overall planning and strengthen top-level design.

  Over the past 90 years since the founding of the Party, it is precisely because we have constantly summed up the laws governing Party building, always placed Party building in an important position, and strictly managed the Party that our Party has always maintained its advanced nature and purity, and United and led the people of all ethnic groups throughout the country to continuously win great victories in the cause of revolution, construction and reform. Strictly administering the Party in an all-round way is a tough battle and a protracted war. We should not only adhere to the experience of "six unifications", but also deepen our understanding of the laws governing the Party and create new experiences, so as to ensure that the Party will always be in the forefront of the times, wholeheartedly supported by the people, brave in self-revolution, able to withstand all kinds of storms and tests, and full of vigor and vitality.

A guide to action to realize the great rejuvenation of the Chinese nation —— Delegates and experts discuss the spiritual essence and rich connotation of Socialism with Chinese characteristics Thought

  [Roundtable Dialogue]

  Moderator:

  Wang Dan Du Yu Luo Ronghai

  Guest:

  Wang Hansong (representative of the 19th National Congress, Party Secretary of Dalian University of Technology)

  Peng Xiaochun (representative of the 19th National Congress, secretary of Guangxi Baise Municipal Committee and director of the Standing Committee of the Municipal People’s Congress)

  Xin Ming (Professor of Central Party School)

  The five years since the 18th National Congress of the Communist Party of China have been extraordinary in the development of the Party and the country. Comrade Supreme Leader pointed out in the report of the 19th National Congress that after long-term efforts, Socialism with Chinese characteristics has entered a new era, which is a new historical orientation for China’s development. Focusing on what kind of Socialism with Chinese characteristics and how to adhere to and develop Socialism with Chinese characteristics in the new era, our party has formed the supreme leader’s Socialism with Chinese characteristics Thought in the new era through arduous theoretical exploration, which provides a guide for the great rejuvenation of the Chinese nation. This newspaper invited three representatives and scholars to interpret the spiritual essence and rich connotation of the Supreme Leader’s Socialism with Chinese characteristics Thought in the new era.

  Moderator: In the new era, Socialism with Chinese characteristics Thought clearly adheres to and develops Socialism with Chinese characteristics. The overall task is to realize socialist modernization and the great rejuvenation of the Chinese nation. On the basis of building a well-off society in an all-round way, we will build a prosperous, strong, democratic, civilized, harmonious and beautiful socialist modernization power in the middle of this century in two steps. How to understand the strategic arrangement of Socialism with Chinese characteristics’s development in the new era?

  Wang Hansong:The strategic arrangement of Socialism with Chinese characteristics’s development in the new era is based on our party’s initial intention and mission, and our party’s confidence in Socialism with Chinese characteristics’s road, theory, system and culture, which is also the necessity of history and reality. At present, our Party unites and leads the people of all ethnic groups throughout the country to make unremitting efforts, and leads Socialism with Chinese characteristics into a new era, which makes us closer, more confident and capable of realizing the goal of the great rejuvenation of the Chinese nation than at any time in history.

  Peng Xiaochun:Our party’s initial intention and mission is to seek happiness for the people of China and rejuvenation for the Chinese nation. After long-term efforts, Socialism with Chinese characteristics has entered a new era, and China’s development is in a new historical position. From the 19th National Congress to the 20th National Congress, it is the historical intersection of the goal of "two hundred years". The strategic arrangement of Socialism with Chinese characteristics’s development in the new era is an inevitable requirement to realize the Party’s historical mission.

  Xin Ming:Building a prosperous, strong, democratic, civilized, harmonious and beautiful socialist modernization power in the middle of this century in two steps is an important strategic arrangement made by Socialism with Chinese characteristics in the new era, and it is the persistence and development of the "three-step" strategic goal put forward after China’s reform and opening up. Persistence is reflected in the goal of China’s social modernization, and development is reflected in the improvement of the standards of China’s social modernization.

  First of all, the goal of basically realizing socialist modernization is advanced to 2035, and by the middle of this century, the standard of the goal of the second node will become to build a prosperous, strong, democratic, civilized, harmonious and beautiful socialist modernization power, and the content will be more comprehensive. This fully embodies the lofty character of the CPC Central Committee with the Supreme Leader as the core, which is brave in taking responsibility and self-pressuring.

  Moderator: Socialism with Chinese characteristics Thought in the New Era makes it clear that the main contradiction in our society in the new era is the contradiction between the people’s growing need for a better life and the unbalanced development. How to understand this new judgment and exposition of the main contradiction in current society? How to solve the problem of insufficient development imbalance?

  Peng Xiaochun:In different historical periods, different social forms and different stages of the same social form, the main social contradictions are completely different. As a Marxist political party that keeps pace with the times, our party should make scientific judgments on major social contradictions in a timely manner according to the characteristics of the times.

  Xin Ming:The major contradiction in our society has been transformed into the contradiction between the people’s growing needs for a better life and the unbalanced development, which is a profound grasp and scientific response to the staged characteristics of Socialism with Chinese characteristics in the new era.

  "People’s growing need for a better life" is mainly manifested in the fact that China is about to build a well-off society in an all-round way, and the people’s need for a better life is increasingly extensive, which not only puts forward higher requirements for material and cultural life, but also grows in economic, political, cultural, social and ecological aspects. However, "unbalanced and insufficient development" shows that although China’s social productivity level has improved significantly on the whole, and social productivity has entered the forefront of the world in many aspects, there are still many aspects that are still relatively backward or even the gap is still relatively large. The regional imbalance, content imbalance and group imbalance of development objectively exist, and the relatively low level, instability and unsustainable state of development objectively exist. This contrast has become more prominent after Socialism with Chinese characteristics entered a new era, and if it can’t be solved well, it will seriously affect Socialism with Chinese characteristics’s new leap. However, it is impossible to deal with this contradiction overnight, and it will not be done once and for all for a long time. Because the change of social principal contradiction is a historical change that affects the overall situation, we need to make fundamental changes from macro to micro, from strategy to tactics, from concept to system, make strategic planning from the height of promoting people’s all-round development and social progress, and make countermeasures from the height of promoting shared development and realizing common prosperity.

  Wang Hansong:From the perspective of demand, from food and clothing to a well-off society to a well-off society in an all-round way, the people have put forward higher and newer demands for development; From the perspective of supply, China’s social productive forces have improved significantly on the whole, and the social productive capacity has entered the forefront of the world in many aspects. The more prominent problem is the insufficient development imbalance, which has become the main constraint to meet the people’s growing needs for a better life.

  In addition, the report also puts forward two "must realize": first, it must be realized that the changes in the main contradictions in our society are historical changes that have a bearing on the overall situation and put forward many new requirements for the work of the party and the state; Second, we must realize that the changes in the main contradictions in our society have not changed our judgment on the historical stage of socialism in China, the basic national conditions that China is still in the primary stage of socialism and its international status as the largest developing country in the world has not changed. These two "must be recognized" tell the "change" and "unchanged" of the main contradictions in our society in the new era. "Change" refers to the change of major social contradictions from low-level contradiction between supply and demand to high-level contradiction between supply and demand, from "quantity shortage" contradiction between supply and demand to "quality shortage" contradiction between supply and demand, and the overall change of many contradictions caused by it; "Invariance" means that from a longer historical dimension and a broader world dimension, the changes in the main contradictions in our society are not enough to change the historical stage of our socialism — — The basic national conditions in the primary stage of socialism and the international status of the world’s largest developing country.

  Peng Xiaochun:We should base ourselves on the basic national conditions and the greatest reality of the primary stage of socialism, grasp the changing characteristics of major social contradictions, unswervingly adhere to the party’s basic line, adhere to economic construction as the center, adhere to the four cardinal principles, persist in reform and opening up, and make every effort to build a prosperous, strong, democratic, civilized, harmonious and beautiful socialist modernization power; On the basis of continuing to promote development, we should make overall plans to promote the overall layout of the "Five in One" and coordinate the promotion of the "Four Comprehensive" strategic layout, focus on solving the outstanding problem of insufficient development imbalance, vigorously improve the quality and efficiency of development, and better promote the all-round development of people and the all-round progress of society.

  Moderator: the Communist Party of China (CPC)’s leadership is the most essential feature of Socialism with Chinese characteristics. In the new era, how to build the party into a Marxist ruling party that is always in the forefront of the times, wholeheartedly supported by the people, brave in self-revolution, able to withstand all kinds of storms and tests, and full of vitality?

  Xin Ming:The lofty historical mission and grand strategic goal put forward higher requirements for the Communist Party of China (CPC). We must constantly strengthen the construction of the party’s advanced nature and purity, Do not forget your initiative mind, keep in mind the mission and build the Communist Party of China (CPC) into the greatest political party in the world; We should constantly strengthen the Party’s political leadership, ideological leadership, mass organization and social appeal, and build the Communist Party of China (CPC) into the most powerful political party in the world.

  The most fundamental thing of a great political party is the greatness of the tenet of socialist belief and the greatness of ideals and beliefs, which requires putting the party’s political construction in the first place, demonstrating greatness and practicing greatness in the self-revolution; A strong political party should have creativity, cohesion and fighting capacity, which comes from discipline, system and rules. We should strictly observe discipline and rules, and let the system run through the whole process of party building. At the same time, we should strengthen our study, improve our skills, make political awareness and work skills complement each other, and effectively improve the party’s long-term ruling ability.

  Wang Hansong:Socialism with Chinese characteristics has entered a new era. If the Party wants to unite and lead the people in a great struggle, advance a great cause and realize a great dream, it must unswervingly uphold and improve the Party’s leadership and unswervingly build the Party stronger. This requires arming the whole party with Socialism with Chinese characteristics Thought in the new era, which is the premise and foundation. Adhere to the problem orientation, maintain strategic strength, and promote the comprehensive and strict development of the party, which is the key and core. Taking the people as the center and comprehensively enhancing the party’s ruling ability and leadership level are the starting point and the end result.

  No matter what kind of theory, it must be combined with reality in order to glow with vitality. In concrete practice, we should grasp the general trend of the times, conform to people’s expectations, enhance our learning skills, political leadership skills, reform and innovation skills, scientific development skills, etc., and make unremitting efforts to realize people’s yearning for a better life.

   Peng Xiaochun:To comprehensively strengthen party building, first, we should focus on the primary task of party political construction, ensure that the whole party obeys the central authorities, and uphold the authority of the Party Central Committee and centralized and unified leadership. Second, we should focus on the combination of ideological party building and institutional party building. We should arm the whole Party with Socialism with Chinese characteristics Thought in the new era and take firm ideals and beliefs as the primary task of the Party’s ideological construction. Third, efforts should be made to strengthen the capacity building of leading bodies and comprehensively enhance their ruling skills. Fourth, efforts should be made to strengthen the construction of work style. We should closely focus on maintaining the flesh-and-blood ties between the Party and the people, constantly build the mass base of the Party’s governance, continue to rectify the "four winds" problem, resolutely correct all kinds of unhealthy trends, and constantly enhance the Party’s ability of self-purification, self-improvement, self-innovation and self-improvement. Fifth, efforts should be made to consolidate the overwhelming situation of the anti-corruption struggle. Adhere to corruption and greed, make good use of the sword of inspection, intensify efforts to rectify corruption around the masses, and form a powerful deterrent.

Spider-Man: No Return of Heroes, the eighth film in the history of global box office, has a fierce momentum.


1905 movie network news Marvel’s superhero giant system is being shown around the world. As of January 9, the world has grossed $1.536 billion, surpassing and ranking eighth in film history! North America took $668 million, ranking sixth in film history! Previously, the film was released for ten days, and it topped the global box office champion in 2021, and fell to the North American box office champion in three days. The bright box office performance strongly boosted the global cinema market.

In addition, the film rotten tomatoes scored 100% freshness and 100% popcorn index, creating the highest score record for rotten tomatoes scored by over 20,000 certified users! IMDb scored 9.4, MTC 73 and CinemaScore audience rated A+, and Douban scored as high as 8.1 on the domestic platform, setting a new record for Spider-Man live-action movies. The critics praised "the best Spider-Man movie ever", and the audience’s reputation also exploded, and the audience screamed, cheered and cried, which was called a large carnival scene. The film opens a new pattern of Marvel movie universe, and the multiverse opens up infinite possibilities!


The eighth in global film history and the sixth in North American film history, the box office champion in 2021 has a strong momentum.

The global release of Spider-Man: No Return of Heroes has been on the rise for many days. By the end of last Sunday, it had won the eighth place in the global box office and the sixth place in the North American film history, and its strong box office performance achieved another success! The film has also officially landed in the Japanese market, with an opening achievement of $11.8 million and a strong box office crown. In other countries and regions around the world, the film is equally fierce. Among them, Britain led the box office with $105.8 million, Mexico gained $69.7 million, and South Korea won $55.2 million. The most popular Marvel superhero blockbuster of the year is well deserved!


Ten days after its release, the film topped the global box office championship in 2021 and became the first film to break the box office of $1 billion in the epidemic era. North America won $260 million in the first weekend, surpassing Avengers 3: Infinite War, ranking second in film history, and parachuted into the 2021 North American box office champion in just three days. "Spider-Man: No Return of Heroes" has brought unparalleled movie-watching experience to fans all over the world and set off a movie-watching frenzy; The box office performance with full stamina makes it a veritable rescue.


The audience of "The Best Spider-Man Movie of All Time" received rave reviews with laughter and tears.

Since its release, Spider-Man: No Return of Heroes has reached a record high in word of mouth and won the best evaluation in the history of live-action movies in Spider-Man. Stories, performances, emotions and pictures have been fully affirmed by audiences, fans, film critics and professional media. Deadline, the industry media, raved that "this is not only the best Spider-Man movie, but also one of the best movies in 2021." Fandango said that the film was "full of surprises from beginning to end. This is an epic Spider-Man movie that must be watched on the big screen. "


For fans and fans, Spider-Man: No Return of Heroes is regarded as "the only movie worth watching on the big screen this year". Some fans said that "it is a love letter dedicated to Spider-Man and his fans", and audiences from different countries cheered, screamed and moved to tears in the cinema together, collectively expressing "unexpected surprise" and "laughing and crying, only once in a lifetime". There are also some intimate fans who warmly remind you "Attention, please don’t spoil it".


Public sacrifice in the name of the country will pin atrocities on the column of shame and let the hard evidence "tell" history

  CCTV News:December 13th is the 80th anniversary of the Nanjing Massacre. On the morning of the 13th, China will hold a national public sacrifice ceremony at the Memorial Hall for the Victims of the Nanjing Massacre. In Nanjing, today, the city will also blow its horns to pay tribute to the victims. On the eve of the public sacrifice day, a memorial service for the families of the victims of the Nanjing Massacre was held in front of the wailing wall, where the survivors of the Holocaust paid homage to their deceased relatives.

  This year, the Memorial Hall for Victims of the Nanjing Massacre by Japanese Invaders carved the names of 20 newly-added victims on the "wailing wall", and the number of victims increased from 3,000 in 1995 to 10,635.

  It has become an international practice to pay homage to the people who died in the tragedy in the form of national public sacrifices. From December 13th, 1937, the Japanese invaders launched a terrible massacre in Nanjing. More than 300,000 innocent civilians and China soldiers who laid down their weapons were brutally killed by the Japanese. More than one-third of the buildings in the city were destroyed, and countless property losses occurred.

  After World War II, the Nanjing Military Court tried the Japanese war criminals in the Nanjing Massacre. At the same time, the Far East International Military Tribunal conducted an international trial of Japanese Class-A war criminals in World War II for three years. Because the case of Nanjing Massacre was particularly serious, the court listed it as a separate case at that time. Ten witnesses related to the Nanjing Massacre testified in court, and the prosecution’s lawyer read out 17 testimonies. The Japanese atrocities in Nanjing were nailed to the historical shame column in the form of law.

  In order to remember this history, in 1985, the Nanjing Municipal People’s Government established and opened a memorial hall for the victims of the Nanjing Massacre, one of the sites of the Holocaust. The remains and historical materials of the victims in the museum have become irrefutable evidence of the Japanese atrocities in the Nanjing Massacre.

[Related reading]

  Proposal: Turn the idea of one place into a national sacrifice.

  Before and after Tomb-Sweeping Day, Nanjing citizens’ associations spontaneously mourned their loved ones. Since 1994, on December 13th every year, Nanjing has also held mourning ceremonies, including hitting the Peace Bell and offering wreaths to commemorate the victims in the Holocaust.

  In 1995, wailing wall was added to the memorial hall. Up to now, the names of the victims engraved on it have increased from the initial 3,000 to tens of thousands.

  In 2005, Zhao Long, a member of the Chinese People’s Political Consultative Conference, submitted a proposal, suggesting that December 13th be designated as the national public holiday day for the victims of the Nanjing Massacre.

  In 2012, Zou Jianping, vice chairman of Nanjing CPPCC, submitted the relevant proposal again, which promoted the establishment of national public holiday day.

  Legislation: holding public sacrifices in the name of the country

  On February 25th, 2014, the Seventh Session of the 12th the National People’s Congress Standing Committee (NPCSC) deliberated the Draft Decision of the National People’s Congress Standing Committee (NPCSC) on Establishing a National Day of Public Sacrifice for the Victims of the Nanjing Massacre, and on February 27th, the National People’s Congress Standing Committee (NPCSC) adopted the decision.

  The "Decision" pointed out that in order to mourn the victims of the Nanjing Massacre and all the compatriots killed by the Japanese aggressors during the Japanese imperialist war of aggression against China, to expose the war crimes of the Japanese aggressors, and to bear in mind the profound disasters caused by the war of aggression to the people of China and the people of the world, it showed the firm stance of the people of China against the war of aggression, defending human dignity and safeguarding world peace. December 13th was designated as the National Day of Public Sacrifice for the victims of the Nanjing Massacre.

Notice of the General Office of the State Council on Strengthening and Standardizing the Statistical Submission of Government Information Disclosure

No.32 [2014] of the State Council

People’s governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions and institutions directly under the State Council:

  Since the implementation of "Regulations on the Openness of Government Information in People’s Republic of China (PRC)" (hereinafter referred to as "Regulations"), various regions and departments have done a lot of work in statistics on the openness of government information, which has played a basic role in promoting the openness of government information and doing a good job in the annual report of this work. In order to further strengthen and standardize the statistical reporting of government information disclosure, and establish a statistical reporting system of government information disclosure with unified indicators, standardized projects, consistent caliber and accurate data, relevant matters are hereby notified as follows:

  I. Scope and content of statistics

  Statistical scope: the State Council departments that have statutory administrative functions and undertake the obligation of government information disclosure according to the Regulations, local people’s governments at all levels and local people’s government departments at or above the county (city) level, and organizations authorized by laws and regulations to manage public affairs.

  Statistical content: voluntary disclosure, disclosure according to application, policy interpretation, response to social concerns, administrative reconsideration, administrative litigation, reporting complaints, institution building and training related to government information disclosure, etc.

  Second, the organization and leadership and implementation

  (1) The general offices (offices) of local people’s governments at various levels are responsible for organizing and implementing the statistical work of government information disclosure in their respective administrative areas, determining the list of units within the statistical scope, arranging statistical tasks, summarizing statistical data, and submitting the summary statistical information to the competent department of government information disclosure at the next higher level step by step.

  (2) The general offices of the people’s governments of all provinces (autonomous regions and municipalities directly under the Central Government) are responsible for organizing and implementing the statistics of government information disclosure of the governments at the corresponding levels and their departments, promoting the people’s governments at all levels within their respective administrative regions to do a good job in the statistics of government information disclosure, filling out the Statistical Table of Government Information Disclosure, and submitting the statistics of government information disclosure of the provinces (autonomous regions and municipalities directly under the Central Government) and the summary statistics of government information disclosure of their respective administrative regions to the Government Information Disclosure Office of the General Office of the State Council.

  (III) The general offices (offices) of various departments in the State Council are responsible for organizing and implementing the statistical work of government information disclosure of their own departments, decomposing and implementing the statistical work tasks, summarizing the statistical data of their own departments and systems, filling out the Statistical Table of Government Information Disclosure, and submitting the statistical information to the Government Information Disclosure Office of the General Office of the State Council. The statistical data of the whole system of vertical management departments shall be summarized and submitted by the general office (room) of the relevant competent department of the State Council, and shall not be included in the statistical scope of local governments. The statistical data of the dual management department shall be submitted by the general office (room) of the people’s government at the same level. The general offices (rooms) of various departments in the State Council shall submit the data of their own departments, among which the general offices (rooms) of vertical management departments shall submit the data of their own departments and the summary data of this system respectively.

  Iii. Statistics and submission requirements

  (a) the people’s governments of all provinces (autonomous regions and municipalities directly under the central government) and all departments in the State Council should attach great importance to the statistical work of government information disclosure, and take it as an important part of compiling the annual report on government information disclosure, summarizing and promoting the work of government information disclosure, and earnestly organize its implementation. Government information disclosure agencies should earnestly perform their duties, formulate working mechanisms and methods that can ensure the implementation of statistical work, and ensure the continuous development of statistical work.

  (two) the people’s governments of all provinces (autonomous regions and municipalities directly under the central government) and the general offices (rooms) of various departments in the State Council shall submit the statistical data of the previous year to the Government Information Disclosure Office of the General Office of the State Council before the end of March each year. The Statistical Table of Government Information Disclosure is submitted in two forms: paper document and electronic document. The electronic document is in Excel format, and it is submitted together with the paper document when it is carved into a CD. After the completion of the government information disclosure statistics reporting information system, the requirements for reporting time and related work will be notified separately.

  (three) the general offices (offices) of all regions and departments should adopt the methods of step-by-step examination and spot check to strengthen the audit of statistical data and ensure that the data reported are true, accurate and complete. Statistical administrative reconsideration, administrative litigation, reporting complaints, etc., should communicate with the legal system, supervision departments and courts at the same level to ensure the accuracy and consistency of statistical data. If the General Office of the State Council finds that the statistical data submitted are incorrect, it will instruct the relevant localities and departments to correct them; If the report is seriously inaccurate due to irresponsible work, it will be notified.

  Attachment: 1. Statistical table of government information disclosure (sample table)

     2. Description of statistical indicators of government information disclosure

the General Office of the State Council

June 23, 2014

Attachment 1: Statistical Table of Government Information Disclosure (Sample Table). jpg

Annex 2

Description of statistical indicators of government information disclosure

  First, take the initiative to disclose the situation

  1. The number of government information voluntarily disclosed: refers to the total number of government information voluntarily disclosed in the statistical year according to the provisions of the Regulations.

  The number of active disclosure of government information is calculated by article. Where official documents are government information, one official document is counted as one, and some official documents with public contents are also counted as one. Other government information, one complete piece of information (or part of the public information) is counted as one piece.

  The number of government information voluntarily disclosed is not counted repeatedly. The same piece of government information disclosed through different channels and ways is counted as one piece of information; The information jointly released by departments shall be reported by the department that takes the lead in making the information; The information reprinted and forwarded by each unit is not included in the statistical quantity of this unit.

  2. Number of normative documents voluntarily disclosed: refers to the total number of normative documents voluntarily disclosed.

  3. Total number of normative documents issued: refers to the total number of normative documents issued, which should be the total number of active disclosure and non-active disclosure.

  4. Number of government information published in the government gazette: refers to the total number of government information voluntarily published through the government gazette.

  5. Number of government information published on government websites: refers to the total number of government information voluntarily published through government websites at all levels.

  6. The number of government information made public in Weibo: refers to the total number of government information voluntarily made public through the official government affairs Weibo.

  7. Number of government information disclosed by government WeChat: refers to the total number of government information voluntarily disclosed through official government WeChat.

  8. Number of government information disclosed by other means: refers to the total number of government information voluntarily disclosed by newspapers, radio, television and other means.

  Second, respond to the interpretation.

  9. Number of responses to public concerns or major public opinions: refers to the number of responses to public concerns or major public opinions related to the responsibilities of the unit.

  The number of hot spots or major public opinions responding to public concern shall not be counted repeatedly. Respond to the same hot spot or public opinion in various forms as one response; The response of the joint release shall be reported by the lead responsible unit responding to the hot spot or public opinion; The responses reprinted and forwarded by each unit are not included in the statistical quantity of this unit.

  10. Total number of press conferences attended or held: refers to the total number of press conferences and media briefings attended or held to interpret policies, respond to social concerns and guide public opinion.

  11. Number of press conferences attended by the principal responsible comrades: refers to the total number of times that the principal responsible comrades of the unit participated in various press conferences and media briefings to interpret policies, respond to social concerns and guide public opinion.

  12. The number of online interviews on government websites: refers to the total number of online interviews conducted on government websites by responsible comrades or spokespersons in their own units to interpret policies, respond to social concerns and guide public opinion.

  13. The number of online interviews with leading comrades on government websites: refers to the total number of online interviews with leading comrades on government websites to interpret policies, respond to social concerns and guide public opinion.

  14. Number of policy interpretation manuscripts published: refers to the total number of policy interpretation manuscripts published through government websites, press conferences, media briefings, newspapers, radio and television.

  15. The number of events responded by Weibo WeChat: refers to the total number of hot events responded by official government affairs Weibo and WeChat (multiple responses to the same event count as one time).

  16. Number of events responded by other means: refers to the total number of hot events responded by radio, television, newspapers and other means (multiple responses to the same event count as one).

  Third, according to the application for disclosure.

  17. Number of applications received: refers to the total number of applications received for government information disclosure, which should be in written form or data message form (it should be equal to the sum of four applications: face-to-face application, fax application, online application and letter application).

  18. Number of face-to-face applications: refers to the number of applications submitted by citizens, legal persons or other organizations to the acceptance point undertaking government information disclosure.

  19. Fax applications: refers to the number of applications submitted by citizens, legal persons or other organizations by fax.

  20. Number of online applications: refers to the number of applications submitted by citizens, legal persons or other organizations through online submission.

  21. Number of letter applications: refers to the number of applications submitted by citizens, legal persons or other organizations by mail.

  22. Number of applications for settlement: refers to the total number of applications for settlement made by citizens, legal persons or other organizations (which should be equal to the sum of the number of timely settlements and the number of deferred settlements).

  23. The number of cases settled on time refers to the number of cases that are answered within 15 working days from the date of receiving the application according to the Regulations.

  24. Number of deferred settlements: refers to the number of replies given within an extended 15 working days according to the Regulations.

  25. Number of application responses: refers to the total number of responses to applications submitted by citizens, legal persons or other organizations (it should be equal to the sum of eight items, namely, those that have been voluntarily disclosed, those that have agreed to public responses, those that have agreed to partial public responses, those that have not been disclosed by the administrative organ, those that have no application information, those that have been informed to make changes, and those that have been informed to handle through other channels).

  26. Number of government information that has been voluntarily disclosed: refers to the number of replies to citizens, legal persons or other organizations that have applied for disclosure, and told them the ways and means to obtain the government information.

  27. Number of consenting public replies: refers to the number of consenting public replies to government information that citizens, legal persons or other organizations have applied for.

  28. Number of consented partial public replies: refers to the number of consented partial public replies to government information applied by citizens, legal persons or other organizations.

  29. The number of replies that disagree with the disclosure: refers to the number of replies that disagree with the disclosure of government information applied by citizens, legal persons or other organizations.

  30. Involving state secrets: refers to the number of replies to government information that citizens, legal persons or other organizations applied for disclosure, but refused to disclose it because it involved state secrets.

  31. Involving trade secrets: refers to the number of replies to government information that citizens, legal persons or other organizations have applied for disclosure, but they do not agree to disclose it because it involves trade secrets.

  32. Involving personal privacy: refers to the number of replies to government information that citizens, legal persons or other organizations have applied for disclosure, but they do not agree to disclose it because it involves personal privacy.

  33. Endangering national security, public safety, economic security and social stability: refers to the number of replies to government information that citizens, legal persons or other organizations have applied for disclosure, but they do not agree to disclose it because of endangering national security, public safety, economic security and social stability.

  34. Government information not referred to in the Regulations: refers to the number of replies to citizens, legal persons or other organizations that apply for disclosure of government information and inform them that it is not government information referred to in the Regulations.

  35. Other circumstances stipulated by laws and regulations: refers to the number of replies to the government information that citizens, legal persons or other organizations have applied for disclosure, but they do not agree to the disclosure because of other circumstances stipulated by laws and regulations.

  36. The number of government information that does not belong to the administrative organ: refers to the number of replies to citizens, legal persons or other organizations that apply for disclosure and inform them that it does not belong to the administrative organ.

  37. The number of application information does not exist: refers to the number of replies to citizens, legal persons or other organizations that apply for disclosure of government information and inform them that the government information does not exist.

  38. Number of supplements for informing of changes: refers to the number of replies to the government information that citizens, legal persons or other organizations have applied for disclosure, and told them to make changes and supplements because the application content is not clear.

  39. The number of people who have been informed to handle it through other channels: refers to the number of replies to government information that citizens, legal persons or other organizations have applied for disclosure, and told them that they should handle it through other channels, such as consultation, letters and visits, and reporting.

  Iv. administrative reconsideration

  40. Number of administrative reconsideration: refers to the number of cases in which a citizen, legal person or other organization thinks that a specific administrative act of the unit in the government information disclosure has infringed upon their legitimate rights and interests, and has applied for administrative reconsideration according to law and been accepted by the reconsideration organ (it should be the sum of the number of maintaining specific administrative acts, the number of being corrected according to law and the number of other circumstances).

  41. The number of specific administrative acts maintained: refers to the number of cases in which the original specific administrative act was maintained in the completed application for administrative reconsideration.

  42. The number of errors corrected according to law: refers to the number of cases in which a specific administrative act has been revoked, changed, or confirmed to be illegal, and ordered to make a new specific administrative act.

  43. Number of other circumstances: refers to the number of cases in the application for administrative reconsideration other than the number of completed specific administrative actions and the number of cases in which errors have been corrected according to law.

  V. Administrative proceedings

  44. Number of administrative litigation: refers to the number of cases in which citizens, legal persons or other organizations believe that specific administrative actions of their own units in the government information disclosure work infringe upon their legitimate rights and interests, and they file administrative litigation according to law and are accepted by the court (it should be the sum of three items: the number of maintaining specific administrative actions or rejecting plaintiff’s claims, the number of being corrected according to law and the number of other situations).

  45. Number of specific administrative acts upheld or plaintiff’s claims rejected: refers to the number of cases in which the court decided to uphold the original specific administrative act or reject the plaintiff’s claims.

  46. Number of errors corrected according to law: refers to the number of cases in which a court has decided or ruled to cancel or change a specific administrative act, or confirmed that a specific administrative act is illegal, and ordered to make a new specific administrative act.

  47. Number of other circumstances: refers to the number of cases other than maintaining the specific administrative act or rejecting the plaintiff’s claim and being corrected according to law.

  VI. Reporting Complaints

  48. Number of reports and complaints: refers to the number of reports or complaints related to government information disclosure received by citizens, legal persons or other organizations in the region, departments and units, and accepted.

  Seven, according to the application for public information charges.

  49. Fees charged according to the application for disclosure of information: refers to the total amount of fees charged for searching, copying and mailing government information according to the application.

  Eight, institutional construction and security funds

  50. Number of specialized agencies for government information disclosure: refers to the number of specialized agencies determined to undertake the daily work of government information disclosure in accordance with the provisions of the Regulations.

  51. Setting the number of points for public access to government information: refers to the total number of places set up in accordance with the requirements of the Regulations to provide public access to government information for citizens, legal persons or other organizations.

  52. Number of staff engaged in government information disclosure: refers to the number of staff who specifically undertake government information disclosure (it should be the sum of full-time staff and part-time staff).

  53. Number of full-time staff: refers to the number of staff who are exclusively responsible for the disclosure of government information (excluding the number of staff in government bulletins and government websites).

  54. Number of part-time employees: refers to the number of employees who undertake the government information disclosure work while undertaking other jobs.

  55. Special funds for government information disclosure: refers to the special funds included in the financial budget by administrative organs to handle government information disclosure affairs (excluding funds for editing and management of government bulletins and construction and maintenance of government websites).

  Nine, the government information disclosure meeting and training

  56. Number of working meetings or special meetings on government information disclosure: refers to the number of working meetings or special meetings on government information disclosure.

  57. Number of training courses held: refers to the number of short-term, medium-term and long-term training courses held around the government information disclosure business.

  58. Number of trainees: refers to the number of staff members who have received training in government information disclosure business training courses.

  Unless otherwise specified, if there is no data to be filled in the report, fill in "0"; Data related to expenses or funds shall be kept to two decimal places according to the principle of "rounding off".