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　　(Reporter Xie Li) Yesterday, the annual national examination war started again. More than 1,100 test sites in 53 cities in 31 provinces (autonomous regions and municipalities) were opened at the same time, and 1.134 million people actually took the exam, with a reference rate of about 88%. The ratio of the number of candidates to the number of employment plans was about 40: 1. Among them, there are 16 examination areas, 109 test sites and 2,481 examination rooms in Beijing, and more than 73,000 people have registered for reference.

　　It is understood that more than 120 central authorities, their directly affiliated institutions and units managed according to the Civil Service Law participated in this examination. It is planned to recruit 28,500 people, with a total of 1,659,700 people passing the qualification examination of the employer, and 1,292,200 people paying for the written examination. The actual reference number is 1.134 million.

　　Real-time monitoring of various anti-cheating tools in the examination room

　　Yesterday, at a test center in Shijingshan District, the Beijing Youth Daily reporter saw that the distance between each seat in the examination room was 80 cm, so it was really difficult to sneak a peek at other people’s test papers with your eyesight. At the same time, real-time monitoring cameras can be seen on the ceiling in front of the examination room, and the wireless signal shielding instrument is also started.

　　On the display screen of the examination office of the test center, the monitoring situation of each examination room is played in real time. The examination toolbox standing next to it is also equipped with various anti-cheating tools. For example, the ID card recognizer is mainly used to identify the authenticity of candidates’ ID cards and prevent them from taking exams instead of using other people’s ID cards. A long metal detector can detect invisible headphones and prevent wireless headphones from cheating; Law enforcement recorder, which can collect evidence on the spot for violations. The most powerful and widely used is the white box-shaped wireless earphone detector. "Although it is small, it has a positioning function, which can locate the radio equipment brought by the candidates, and at the same time, it can monitor the sound of transmitting answers in the middle of the exam." The relevant person in charge said.

　　It is understood that in recent years, the national examination has not only been equipped with a variety of high-tech anti-cheating weapons in the examination room, but also increased the intensity of cracking down on cheating in the examination. Peng Zhongbao, inspector of the examination and employment department of the National Civil Service Bureau, pointed out that there is "zero tolerance" for cheating in exams. Cheating for others, providing equipment, selling or providing answers to test questions to others; Those who take exams for others or let others take exams for themselves are included in the scope of criminal punishment. If the cheating company organizes cheating, it will be sentenced to more than 3 years and less than 7 years; Provide test questions and answers, and if the circumstances are serious, they will be sentenced to more than 3 years and less than 7 years. It is reported that the overall order of the exam is good.

　　Artificial intelligence test questions

　　In the morning test, candidates generally reported that it was not difficult, but they read a lot and were more inclined to science and engineering. Hot topics of current affairs include military reform, combat equipment, constitutional amendment, rural reform, etc. At the same time, scientific and technological examination questions also account for a large proportion, including dragon diving, artificial intelligence, stealth aircraft, etc. The General Principles of Civil Law of People’s Republic of China (PRC), which was just implemented in October this year, also entered the examination questions.

　　In terms of common sense judgment, legal questions account for almost half of the city-level examination questions, which makes many candidates feel: "You can’t be legal blind!" To the surprise of the candidates, the examination questions didn’t mention anything about the 19th National Congress. "The 19th National Congress is so important, I didn’t take a test, and I recited so many knowledge points in vain. I really want to cry to death."

　　In this regard, Chinese public education experts pointed out that the examination questions in 2018 are closer to life, and the common events in daily life are used to examine the knowledge points of various disciplines, such as taking tourist routes to lead to the test sites of world geography. "This reflects that the accumulation ability of candidates’ basic literacy is extremely high, not only to master conventional knowledge points, but also to have a macro knowledge structure and the ability to play on the spot."

　　In addition, there are many high-frequency idioms in this year’s exam questions, such as inseparable, mutual reflection, sharing weal and woe, conscientious, enough is enough and so on.

　　Pay attention to imagination in the application

　　Yesterday afternoon’s national examination application was very different between the sub-provincial level and the prefecture-level level. The sub-provincial examination paper is entitled "Investigating the role of science, art and ancient culture on imagination". Chinese public education experts pointed out that combining science, art and ancient culture with imagination has continued the proposition of the national examination, such as the investigation of water wisdom in 2017 and the investigation of humanization of science and technology in 2015. The entry of "imagination" into the scope of the proposition is in line with the state’s emphasis on innovation.

　　Among the examination papers at the municipal level, the theme of the application focuses on urban and rural development, which is closely connected with the current social development situation. It is a reflection on various problems existing in cities and villages at present, and at the same time, Lao Tzu’s "existence" thought should be applied to the concept of urban development.

　　"The report of the 19th National Congress of the Communist Party of China pointed out that the rural revitalization strategy should be implemented. This topic reflects the response to the report of the 19 th National Congress. " Huatu education experts pointed out.

　　Check the results in the middle and late January next year

　　According to the previously published announcement of the national examination, after the written examination of public subjects in the national examination, relevant departments will study and determine the minimum qualified score line. There will be differences between the qualified scores of posts above the provincial level and those below the prefecture level.

　　In addition, positions in the western region and hard and remote areas, grass-roots positions and special professional positions, etc., will be given policy inclination when drawing the minimum qualified score line.

　　In the middle and late January of 2018, candidates can log on to the special website with their ID number and admission ticket number to inquire about the written test scores of public subjects, the minimum qualified scores and the list of interviewers.

　　After the written test results are announced, the competent department of the central civil servant will determine the list of interviewers according to the interview ratio determined in the Recruitment Guide. The specific interview time will be determined by the recruitment agency, and it will generally be conducted before the end of March 2018. Photography/Our reporter Hao Yi

　　Xinhua News Agency, Beijing, December 1st

The State Council on Abolishing the Provisional Regulations of the People’s Republic of China on Business Tax

And the decision to amend the Provisional Regulations of People’s Republic of China (PRC) on Value-added Tax.

　　The State Council has decided to abolish the Provisional Regulations of the People’s Republic of China on Business Tax and make the following amendments to the Provisional Regulations of People’s Republic of China (PRC) on Value-added Tax:

　　1. Article 1 is amended as: "Units and individuals that sell goods or processing, repair and replacement services (hereinafter referred to as services), services, intangible assets, real estate and imported goods within the territory of People’s Republic of China (PRC) are VAT taxpayers and shall pay VAT in accordance with these Regulations."

　　Two, the first paragraph of Article 2 is amended as: "VAT rate:

　　"(a) taxpayers selling goods, services, tangible movable property leasing services or imported goods, except as otherwise provided in items 2, 4 and 5 of this article, the tax rate is 17%.

　　"(2) Taxpayers selling transportation, postal services, basic telecommunications, construction and real estate leasing services, selling real estate, transferring land use rights, selling or importing the following goods, the tax rate is 11%:

　　"1. Agricultural products such as grain, edible vegetable oil and edible salt;

　　"2. Tap water, heating, air conditioning, hot water, gas, liquefied petroleum gas, natural gas, dimethyl ether, biogas and coal products for residents;

　　"3. Books, newspapers, magazines, audio-visual products and electronic publications;

　　"4. Feeds, fertilizers, pesticides, agricultural machinery and plastic films;

　　"5. Other goods stipulated by the State Council.

　　"(three) taxpayers selling services and intangible assets, except as otherwise provided in items 1, 2 and 5 of this article, the tax rate is 6%.

　　"(4) Taxpayers export goods at zero tax rate; However, unless otherwise stipulated by the State Council.

　　"(5) Domestic units and individuals cross-border sales of services and intangible assets within the scope prescribed by the State Council, and the tax rate is zero."

　　3. The term "selling goods or providing taxable services" in the first paragraph of Article 4 is amended as "selling goods, services, intangible assets and real estate (hereinafter referred to as taxable sales)"; The term "selling goods or taxable services" in Article 5, Paragraph 1 of Article 6, Article 7, Paragraph 1 of Article 11 and Item 1 of Paragraph 1 of Article 19 is amended as "taxable sales occur".

　　4. The words "purchasing goods or accepting taxable services" in the first paragraph of Article 8 and "purchasing goods or taxable services" in Article 9 are amended as "purchasing goods, services, intangible assets and real estate".

　　The "input tax calculated according to the purchase price of agricultural products and the 13% deduction rate indicated on the purchase invoice or sales invoice of agricultural products" in Item 3 of Paragraph 2 of Article 8 is amended as "input tax calculated according to the purchase price of agricultural products and the 11% deduction rate indicated on the purchase invoice or sales invoice of agricultural products, unless otherwise stipulated by the State Council".

　　Delete Item 4 of Paragraph 2 of Article 8, and add one item as Item 4: "(4) Value-added tax amount indicated on the tax payment certificate of withholding tax obtained from tax authorities or withholding agents for purchasing labor services, services, intangible assets or domestic real estate from overseas units or individuals".

　　5. Article 10 is amended as: "The input tax amount of the following items shall not be deducted from the output tax amount:

　　"(1) Goods, labor services, services, intangible assets and real estate purchased for simple tax calculation items, items exempted from value-added tax, collective welfare or personal consumption;

　　"(two) abnormal loss of purchased goods, as well as related labor and transportation services;

　　"(3) Goods purchased (excluding fixed assets), labor services and transportation services consumed by products in process and finished products with abnormal losses;

　　"(4) Other projects specified by the State Council."

　　6. Article 12 is amended as: "The rate of VAT collection for small-scale taxpayers is 3%, unless otherwise stipulated by the State Council."

　　Seven, the first paragraph of article twenty-first and the second paragraph of the "sale of goods or taxable services" is amended as "taxable sales"; The first item of the second paragraph is amended as: "(1) the buyer of taxable sales behavior is an individual consumer"; Delete item 3 of paragraph 2.

　　8. Item 2 of Paragraph 1 of Article 22 is amended as: "(2) When a fixed business household sells goods or services in another county (city), it shall report the business matters of going out to the competent tax authority where its institution is located, and declare and pay taxes to the competent tax authority where its institution is located; If it is not reported, it shall report and pay tax to the competent tax authorities at the place of sale or where the labor service occurs; If the tax payment is not reported to the competent tax authorities at the place of sale or where the labor service occurs, the competent tax authorities at the place where the institution is located shall pay the tax "; The term "selling goods or taxable services" in Item 3 of Paragraph 1 is amended as "selling goods or services".

　　Nine, in the first paragraph of Article 25, before the specific measures are formulated by the competent departments of finance and taxation of the State Council, the provisions of tax refund (exemption) for cross-border sales services and intangible assets of domestic units and individuals shall be added, and the tax refund (exemption) shall be reported to the competent tax authorities on schedule.

　　10. One article is added as Article 27: "Where the relevant matters concerning taxpayers’ payment of value-added tax are otherwise stipulated by the competent departments of finance and taxation in the State Council or the State Council with the consent of the State Council, such provisions shall prevail."

　　In addition, some articles have been amended.

　　This decision shall come into force as of the date of promulgation.

　　The "Provisional Regulations on Value-added Tax in People’s Republic of China (PRC)" shall be amended according to this decision, and the serial number of the provisions shall be adjusted accordingly, and shall be re-promulgated.

Provisional Regulations of People’s Republic of China (PRC) Municipality on Value-added Tax

　　(Promulgated by Order No.134 of the State Council of the People’s Republic of China on December 13, 1993, revised and adopted at the 34th executive meeting of the State Council on November 5, 2008, the first revision was made according to the Decision of the State Council on Amending Some Administrative Regulations on February 6, 2016, and the second revision was made according to the Decision of the State Council on Abolishing the Provisional Regulations of the People’s Republic of China on Business Tax and Amending the Provisional Regulations of People’s Republic of China (PRC) on Value-added Tax on November 19, 2017).

　　Article 1 Units and individuals selling goods or processing, repair and replacement services (hereinafter referred to as services), services, intangible assets, real estate and imported goods within the territory of People’s Republic of China (PRC) are taxpayers of value-added tax and shall pay value-added tax in accordance with these regulations.

　　Article 2 VAT rate:

　　(1) Unless otherwise stipulated in Items 2, 4 and 5 of this Article, the tax rate of taxpayers selling goods, labor services, tangible movable property leasing services or imported goods is 17%.

　　(2) Taxpayers selling transportation, postal services, basic telecommunications, construction and real estate leasing services, selling real estate, transferring land use rights, selling or importing the following goods, the tax rate is 11%:

　　1. Agricultural products such as grain, edible vegetable oil and edible salt;

　　2 tap water, heating, air conditioning, hot water, gas, liquefied petroleum gas, natural gas, dimethyl ether, biogas, and coal products for residents;

　　3 books, newspapers, magazines, audio-visual products and electronic publications;

　　4. Feed, chemical fertilizer, pesticide, agricultural machinery and plastic film;

　　5. Other goods specified by the State Council.

　　(3) Unless otherwise stipulated in Items 1, 2 and 5 of this Article, the tax rate for taxpayers selling services and intangible assets is 6%.

　　(4) Taxpayers export goods at zero tax rate; However, unless otherwise stipulated by the State Council.

　　(five) domestic units and individuals cross-border sales of services and intangible assets within the scope prescribed by the State Council, and the tax rate is zero.

　　The adjustment of tax rate is decided by the State Council.

　　Article 3 Taxpayers engaged in projects with different tax rates shall separately account for the sales of projects with different tax rates; If the sales amount is not accounted for separately, the higher tax rate shall apply.

　　Article 4 Except as stipulated in Article 11 of these Regulations, the taxable amount of taxpayers selling goods, labor services, services, intangible assets and real estate (hereinafter referred to as taxable sales) shall be the balance of the current output tax after deducting the current input tax. Calculation formula of tax payable:

　　Taxable amount = current output tax-current input tax

　　When the current output tax amount is less than the current input tax amount, the insufficient part can be carried forward to the next period for further deduction.

　　Article 5 Where a taxpayer conducts taxable sales, the value-added tax collected shall be calculated according to the sales amount and the tax rate stipulated in Article 2 of these Regulations, which is the output tax. Output tax calculation formula:

　　Output tax = sales × tax rate

　　Article 6 The sales amount refers to the total price and extra-price expenses collected by taxpayers in taxable sales activities, but does not include the output tax collected.

　　Sales are calculated in RMB. If a taxpayer settles sales in a currency other than RMB, it shall be converted into RMB.

　　Article 7 If the price of taxable sales of taxpayers is obviously low without justifiable reasons, the sales amount shall be verified by the competent tax authorities.

　　Article 8 The value-added tax paid or borne by taxpayers for purchasing goods, labor services, services, intangible assets and real estate is the input tax.

　　The following input tax is allowed to be deducted from the output tax:

　　(1) VAT indicated on the special VAT invoice obtained from the seller.

　　(2) Value-added tax indicated in the special payment form for customs import value-added tax obtained from the customs.

　　(3) For purchasing agricultural products, except for obtaining special invoices for value-added tax or special letters of payment for customs import value-added tax, the input tax shall be calculated according to the purchase price of agricultural products and the deduction rate of 11% indicated in the purchase invoices or sales invoices of agricultural products, unless otherwise stipulated by the State Council. Input tax calculation formula:

　　Input tax = purchase price × deduction rate

　　(4) Value-added tax indicated on the tax payment certificate of withholding tax obtained from the tax authorities or withholding agents for purchasing labor services, services, intangible assets or domestic real estate from overseas units or individuals.

　　The items to be deducted and the adjustment of the deduction rate shall be decided by the State Council.

　　Article 9 If a taxpayer purchases goods, labor services, services, intangible assets and real estate, and the VAT deduction certificate obtained does not comply with laws, administrative regulations or the relevant provisions of the competent tax authorities of the State Council, the input tax amount shall not be deducted from the output tax amount.

　　Article 10 The input tax of the following items shall not be deducted from the output tax:

　　(1) Goods, labor services, services, intangible assets and real estate purchased for simple tax calculation, VAT exemption, collective welfare or personal consumption;

　　(two) abnormal loss of purchased goods, as well as related labor and transportation services;

　　(3) Goods purchased (excluding fixed assets), labor services and transportation services consumed by products in process and finished products with abnormal losses;

　　(four) other projects stipulated by the State Council.

　　Eleventh small-scale taxpayers taxable sales behavior, the implementation of a simple method to calculate the tax payable according to the sales volume and the collection rate, and shall not be deducted from the input tax. Calculation formula of tax payable:

　　Taxable amount = sales × collection rate

　　The standards for small-scale taxpayers shall be stipulated by the competent departments of finance and taxation of the State Council.

　　Twelfth small-scale taxpayers value-added tax collection rate of 3%, unless otherwise stipulated in the State Council.

　　Article 13 Taxpayers other than small-scale taxpayers shall register with the competent tax authorities. The specific measures for registration shall be formulated by the competent tax authorities of the State Council.

　　Small-scale taxpayers who have sound accounting and can provide accurate tax information may register with the competent tax authorities. If they are not small-scale taxpayers, the tax payable shall be calculated in accordance with the relevant provisions of these Regulations.

　　Article 14 Taxpayers who import goods shall calculate the tax payable according to the tax rate stipulated in the taxable value and Article 2 of these Regulations. Composition of taxable value and calculation formula of tax payable:

　　Composition taxable value = customs value+customs duty+consumption tax.

　　Taxable amount = composition taxable value × tax rate

　　Fifteenth the following items shall be exempted from value-added tax:

　　(1) Self-produced agricultural products sold by agricultural producers;

　　(2) Contraceptive drugs and devices;

　　(3) Antique books;

　　(4) Imported instruments and equipment directly used for scientific research, scientific experiments and teaching;

　　(five) imported materials and equipment provided free of charge by foreign governments and international organizations;

　　(six) the direct import of articles for the exclusive use of the disabled by organizations of the disabled;

　　(seven) the sale of their own used items.

　　In addition to the provisions of the preceding paragraph, the items of tax exemption and reduction of value-added tax shall be stipulated by the State Council. No region or department may stipulate tax exemption or reduction items.

　　Article 16 Where a taxpayer concurrently engages in tax exemption and tax reduction projects, it shall separately account for the sales of tax exemption and tax reduction projects; If the sales volume is not accounted for separately, no tax exemption or reduction shall be allowed.

　　Seventeenth taxpayers’ sales did not reach the value-added tax threshold stipulated by the competent departments of finance and taxation in the State Council, and were exempted from value-added tax; If it reaches the threshold, the value-added tax shall be calculated and paid in full in accordance with the provisions of these regulations.

　　Article 18 Where a unit or individual outside People’s Republic of China (PRC) sells labor services in China and has no business organization in China, its domestic agent shall be the withholding agent; If there is no agent in China, the buyer shall be the withholding agent.

　　Article 19 Time of occurrence of VAT tax obligation:

　　(1) The taxable sales behavior occurs on the day when the sales money is received or the evidence for claiming the sales money is obtained; If the invoice is issued first, it is the day when the invoice is issued.

　　(2) For imported goods, the date of customs declaration and import.

　　The time when the VAT withholding obligation occurs is the day when the taxpayer’s VAT payment obligation occurs.

　　Article 20 The value-added tax shall be collected by the tax authorities, and the value-added tax on imported goods shall be collected by the customs.

　　Value-added tax on articles brought by individuals or mailed into the country for their own use shall be levied together with customs duties. Specific measures shall be formulated by the State Council Customs Tariff Commission jointly with relevant departments.

　　Article 21 Where a taxpayer conducts taxable sales, it shall issue a special VAT invoice to the buyer who requests the special VAT invoice, and indicate the sales amount and output tax amount respectively on the special VAT invoice.

　　Under any of the following circumstances, a special VAT invoice shall not be issued:

　　(a) the buyer of taxable sales behavior is an individual consumer;

　　(2) Tax exemption provisions apply to taxable sales.

　　Article 22 VAT payment place:

　　(1) Fixed business households shall declare and pay taxes to the competent tax authorities where their institutions are located. If the head office and branches are not in the same county (city), they shall report and pay taxes to the competent tax authorities in their respective places; With the approval of the competent financial and tax authorities of the State Council or its authorized financial and tax authorities, the head office can collect and report tax payment to the competent tax authorities where the head office is located.

　　(2) Fixed business households selling goods or services in other counties (cities) shall report their business matters to the competent tax authorities where their institutions are located, and declare and pay taxes to the competent tax authorities where their institutions are located; If it is not reported, it shall report and pay tax to the competent tax authorities at the place of sale or where the labor service occurs; If the tax payment is not reported to the competent tax authorities in the place where the sales or labor service occurs, the competent tax authorities in the place where the institution is located shall pay the tax.

　　(3) Non-fixed business households selling goods or services shall report and pay taxes to the competent tax authorities in the place where they sell or where the services occur; If the tax payment is not reported to the competent tax authorities in the place where the sales or labor service occurs, the competent tax authorities in the place where the institution is located or the place of residence shall pay the tax.

　　(4) Imported goods shall be declared and paid to the customs at the place where they are declared.

　　Withholding agents shall report and pay the tax withheld by them to the competent tax authorities where their institutions are located or where they live.

　　Article 23 The tax payment period of value-added tax is 1 day, 3 days, 5 days, 10 days, 15 days, 1 month or 1 quarter respectively. The specific tax payment period of taxpayers shall be determined by the competent tax authorities according to the amount of tax payable by taxpayers; If the tax cannot be paid according to the fixed time limit, the tax can be paid by time.

　　If a taxpayer takes one month or one quarter as a tax payment period, he shall declare and pay taxes within 15 days from the date of expiration; If the 1st, 3rd, 5th, 10th or 15th is regarded as a tax payment period, the tax shall be paid in advance within 5 days from the expiration date, and the tax shall be declared and the tax payable last month shall be settled within 15 days from the 1st of the following month.

　　The time limit for withholding agents to pay taxes shall be implemented in accordance with the provisions of the preceding two paragraphs.

　　Article 24 Taxpayers who import goods shall pay taxes within 15 days from the date when the customs issues the special payment form for customs import value-added tax.

　　Article 25 Where the provisions on tax refund (exemption) apply to the exported goods, taxpayers shall go through the export formalities with the customs, and report the tax refund (exemption) of the exported goods to the competent tax authorities on a monthly basis within the specified reporting period for export tax refund (exemption). Domestic units and individuals who sell services and intangible assets across borders are subject to tax refund (exemption), and shall report to the competent tax authorities for tax refund (exemption) on schedule. The specific measures shall be formulated by the competent departments of finance and taxation of the State Council.

　　If the export goods are returned or returned after the tax refund, the taxpayer shall pay the refunded tax according to law.

　　Twenty-sixth VAT collection and management, in accordance with the "People’s Republic of China (PRC) tax collection and management law" and the relevant provisions of this Ordinance.

　　Twenty-seventh taxpayers to pay value-added tax related matters, the State Council or the State Council, the competent departments of finance and taxation with the consent of the State Council and other provisions, in accordance with the provisions.

　　The twenty-eighth of this Ordinance since January 1, 2009.

　　Naren (first from left) and his business partners.

　　Naren

　　International Online Report (Reporter Huiting Chen) They came to China because of their yearning; Because of their dreams, they chose to stay. When foreigners "meet China", what kind of sparks will they collide with?

　　The China-Central Asia Summit was held in Xi ‘an, Shaanxi last week and achieved fruitful results. Today, we introduce you to a young man, Nalun, from Kyrgyzstan. Nalun has been engaged in international trade for many years in China, where he earned his first bucket of gold and realized his life ideal step by step. Next, let’s listen to Naren’s story of "Meeting China" with Huiting Chen, a reporter from the reception desk.

　　Guangzhou is sunny in early summer. Seeing Naren in the office, he was dressed in shirts and shorts, and he was relaxed and comfortable. This year is his ninth year in China, and Nalun has adapted very well to the climate and life in Lingnan. "In our country, to wear more formal. In Guangzhou, most people wear shorts because the weather is hot. There is a big market in our capital, and most of the clothes are purchased from China, in Shaheding and 13th lines (ordering). "

　　Nalun is a post-90s youth, and his first impression of China comes from Jackie Chan movies and Bruce Lee movies he watched as a child. In the movie, the action of the kung fu superstar is crisp and neat, and the scene is humorous. In 2011, 17-year-old Nalun traveled to China with the local Confucius Institute, and saw the long and splendid Chinese civilization such as the Terracotta Warriors and Horses of Qin Shihuang’s Mausoleum and the city wall of Xi ‘an, which deeply shocked him, but also planted a seed in his heart to come to China again.

　　Three years later, he came to China to study. From international relations to pedagogy, he made a serious inquiry in class. During his life in China, a wide range of China commodities provided him with business opportunities within reach. "When I was a freshman, my cousin called me and said that I wanted to buy a children’s coat. Then, I went to Yabao Road in Beijing, where there are many wholesale markets. I went there to take photos, and she said, buy this. Wholesale two or three models, a total of 1000 pieces like this. "

　　Later, starting from the clothing trade, Nalun’s commercial tentacles soon extended to furniture and electronic products with relatively perfect industrial chain in the Pearl River Delta. Recently, he also began to follow the trend and talk about several new energy vehicle businesses. "I have a lot of cars here now. Today, a Russian man wants to buy a new energy vehicle in China. I will pick him up at about 3:00 pm, and then I will go to Baiyun District to buy a car. He wants to buy six (new energy vehicles). Most of BYD, as well as Ai’ an, Tucki and Extreme Krypton. "

　　For Nalun, China manufacturing has not only a complete industrial chain, but also a complete set of trade services. From the first business to buy children’s clothes for relatives, to enter a Russian trading company to study international trade, and now to start a business with other young people in Kyrgyzstan to carry out transnational procurement business. Naren’s business is gradually on the right track and thriving.

　　"Naren: The first business was selling clothes, with a total value of 30,000 RMB. This year is electronic products, about 15 boxes, 400 thousand, have been shipped. "

　　"Reporter: What was the company’s trade volume last year?"

　　"Naren: About 2 million."

　　In the interview, Naren revealed that he has an ideal, and that is to influence the world. He divided his ideal goals in life into three stages, including returning to China to set up factories and developing modern agriculture. He said that everything is progressing step by step, and the "small goals" of each stage are inseparable from the development of China. "My first step is to do trade, and then earn more money. The second step is to open a factory, and the third step is agriculture. Where can I buy the machine when I make my own factory? in China. Then where do customers find it? in China. When doing agriculture, in which market do the materials come out for sale? China market. "

　　China and Kyrgyzstan are close neighbors linked by mountains and rivers, sharing a common border of about 1,100 kilometers. This year marks the 31st anniversary of the establishment of diplomatic relations between China and Kyrgyzstan. Narun is very concerned about the China-Central Asia Summit held last week. He hopes that the two countries will reach a new level in infrastructure construction and economic and trade cooperation. "Kyrgyzstan and China are good neighbors and good friends. I hope that the economic and trade exchanges between the two countries are getting closer and closer, and cultural exchanges are increasing. I hope that the China-Kyrgyzstan-Uzbekistan Railway will be completed as soon as possible! China friends are also welcome to visit Kyrgyzstan more often! "

Many people may not know it,In fact, most Silicon Valley technology companies also adopt the "996" working system.. However, the explanation of this "996" is very different from that of "going to work at 9: 00 a.m., leaving work at 9: 00 p.m. and working six days a week" recently exposed in 58 cities-Silicon Valley usually does not require long-term overtime. "Work 9 hours a day, go to work at 9 am and get off work at 6 pm. "It belongs to just right.

Except Amazon, which was once criticized by The New York Times, most Silicon Valley companies can make money, distribute bonuses and pull their basic salaries to a level that makes other countries in the world "outrageous" with the support of highly satisfied employees …

Looking back, although we claim to have entered the era of internet plus, we continue to adhere to the way of managing the manufacturing industry handed down from the last century-squeezing the labor cost per unit time to improve profits-and are running the so-called modern technology companies. It is no wonder that our creativity is always criticized, and our outstanding talents always think of immigration first when they have the opportunity.

Looking in the mirror, Google can be ranked first in the Forbes Best Employers List for six consecutive years, which is not just as simple as "high salary". Money can’t buy employees’ happiness, nor can it buy endless innovations. Moreover, Google’s signing annual salary is not the highest in Silicon Valley (anecdotal data shows that Facebook and Twitter are slightly higher). Moreover, Google’s average working hours are not like the "perfect 8-hour working system" that many people think. According to Quora (Zhihu of the United States), the average working hours of an average engineer are 9-10 hours a day, and if he has deep experience and heavy management responsibilities, he may even "work overtime" to 11+ hours.

But even so, Google has become the favorite employer of employees. What is the reason for itThe reason is that the 9-10 hours of working time also includes 20% free working time (doing creative things you like), lunch break, and even gym activities.In Google’s words, employees’ relaxed and stress-free working environment can be the most efficient, and 20% of their free working hours have a better chance to create products such as Gmail, Google Now and even AdSense (these are Google’s current heavyweight cash cow services).

In contrast, we can only do one thing, that is, force employees to complete a lot of daily work in the shortest possible time. In this way, the efficiency of unit time has also gone up, but with resentment and anxiety, how can employees talk about creation and loyalty?

Of course, there are always exceptions, one is Huawei in China and the other is Amazon in the United States.

The former Huawei experienced a series of "karoshi death" incidents several years ago, and it has been greatly improved in the past two years. Xiao Bian is not sure whether Huawei employees will complain about overtime work under high pressure today, but at least from the perspective of public opinion,Employees are basically satisfied with the income, otherwise, there will be no Huawei leaders who have publicly stated several times that they will "join Huawei and count their money softly in the future". It can’t be said that the "Huawei model" is a kind of sorrow, but if you can buy the "willingness" of employees with money, it is more reasonable than the "996" rumored in 58 cities.

The latter Amazon announced a new policy at the end of last month: the working hours will be reduced to 30 hours per week, and the salary will be reduced by 25% accordingly, but the welfare will remain unchanged-many domestic netizens who don’t know the truth once again lamented after seeing the news: "The US emperor is really good!"

But in fact, Amazon is a well-known company with high pressure and long working hours in the US technology industry, which is "comparable to Huawei in China". Not only did The New York Times criticize in two long articles in succession, but also many insiders on Quora answered-The New York Times’s claim that the working hours of 80-100 hours per week were exaggerated, but it did happen. Based on different working groups, the frequency of this situation is not the same. It can be said that Amazon pursues an enhanced version of Chinese-style "996".

Therefore, even if the company reduces the agreed working hours to 30 hours per week, because it is still a responsibility system, or an annual salary system (which is generally adopted in Silicon Valley), overtime work is generally not calculated. Therefore, as long as Amazon’s internal assessment culture remains unchanged (Amazon is a Silicon Valley company with a relatively high elimination rate), it doesn’t make much sense to reduce working hours on the surface (this new policy is considered as a public relations propaganda), and it is unlikely that anyone will be willing to pay a 25% pay cut to do the same stressful thing.

But then again, since it’s so hard and tiring, why do employees stay in Amazon? How did Amazon become one of the greatest companies in Silicon Valley? It is precisely because Amazon’s leadership direction is clear and it always maintains the leading position in technology. Although employees are under great pressure, they have a strong sense of accomplishment. Although the working hours are long, I have learned a lot. Of course, the high starting salary is also a major reason.

But if these advantages are applied to 58 cities, I wonder how much will be recognized? If even these basic spiritual beliefs are gone, it is not digging your own grave to ask employees to respect "996".

Finally, Xiaobian writes another one.Dropbox, a Silicon Valley startup, was weaned and forced to slash expenses and even lay off employees because the venture capital market suddenly turned cold.. It’s not that Xiaobian agrees with it, but that I want to use this story to illustrate how elegant Silicon Valley culture is in "inducing" employees to work overtime (without overtime pay)-at least employees can’t say anything to complain about.

In response to Silicon Valley culture, as long as Silicon Valley start-up technology companies get venture capital and form a certain scale, they will certainly provide employees with free restaurants, entertainment and fitness rooms, and even bars. Dropbox is one of them.

However, because Dropbox failed to sell itself, Google and Microsoft successively developed their own cloud storage services. When the venture capital market gradually turned cold, the company also encountered the financial problem of sustainable development.

In order to cut costs, Dropbox has taken the following measures: the bar is opened once every Friday instead of every day, and employees are only allowed to invite five guests every month for free lunch and dinner (previously there was no limit), and the dinner time is postponed to 7: 00 pm, and so on.

What Xiao Bian especially wants to say is to postpone dinner until 7 pm. Because this can’t directly save any cost for the company, it may make employees who want to stay in the company for free meals "voluntarily" work overtime for one hour.

Of course, employees have the right not to eat that dinner and have the right to choose not to work overtime for free, but the actual effect shows that this free choice has indeed brought a lot of free overtime to the company in disguise. The point is that I haven’t complained yet.

Xiao Bian sincerely suggests that our Internet listed companies take more nods and change the overtime culture left by our ancestors.

1905 movie network news The first full CG movie of the world-renowned IP "Little Horse Baoli" will be officially released on July 30, and the pre-sale has been started, making it a highly anticipated animated family movie in the summer. A few days ago, the film released a "Wow" dubbing feature and poster. Esther Yu, the actor who gave voice to the animated film for the first time, told his interesting experience of how to interpret the innocent and lovely unicorn "Xiaoyi".

After the film was shown in advance on July 24th, it won the praise of the first batch of big friends and children. The audience who saw it all said that they were deeply moved by the friendship between the ponies in the film besides being hit by the rainbow-like beautiful colors and super cute image of "Pony Sky Group". A fantastic and beautiful summer magic adventure is about to start!

Esther Yu performed innocent and lovely unicorn sister.

Laugh and say that Xiaoyi has the same "insensitive power"

"Little Pony Polly: New Generation" is the first animated film in the series created by new CG technology, which makes the new "ponies" animated image in the film more stereoscopic, vivid and more powerful. Little Polly: A New Generation not only continues the core theme of the whole animation series "Friendship Magic", but also adds a new concept of "self-expression". In the film, the three ethnic groups of Lu Ma, Unicorn and Pegasus cut off their contact with each other, but in order to repair the magic of friendship and restore the unity between ethnic groups, Lu Ma Xiyue, who is full of idealism, set off with Xiaoyi, Kiki, Lili and Inge, waiting for them is an adventurous journey of singing and dancing.

In the Chinese version of "Little Pony: A New Generation", actor Esther Yu voiced the new leading role "Unicorn Little Art", which is the first time that Esther Yu gave a voice to an animated film. In the dubbing special released today, she said that there are many funny little tones and tones in the English soundtrack of the movie, and she specially watched the movie three times in advance in order to present the role personality of Unicorn Xiaoyi more accurately. Xiaoyi has a mantra of "Wow". In order to match this "Wow" accurately, Esther Yu has made a lot of efforts. She also laughed and said that Xiaoyi felt like a "Tigress", and she and Xiaoyi had a very similar place, that is, she had the same "insensitive power", that is, she knew that many things had happened but she didn’t have time to react, but Xiaoyi’s heart was still very strong. She was criticized but never questioned herself, and she always went forward with what she wanted to do!

The screening of "Little Polly: New Generation" won a great reputation.

The audience, big and small, were all germinated by the "Little Horse Sky Group"

From Hasbro’s toys and game products to today’s world-famous animation IP, "Little Horse Baoli" has truly captured the hearts of generations of audiences with "cute personality" and "friendship magic". Starting from July 24th, 20 cities across the country, such as Beijing and Shanghai, started to show in advance, and the first audience had already experienced the budding power of "Little Horse Baoli".

"Little Pony Polly: New Generation" will be fully released in the mainland on July 30th. It is full of vitality and necessary to cool off the summer. The pre-sale is now fully opened and you can enjoy the exclusive summer fun.

　　Original title: The developer of Plague Company announced that it would add a new model of "fighting the epidemic" and donate $250,000.

　　Ndemic Creations, the developer of Plague Company, announced that they are currently developing a brand-new model to guide the prevention of COVID-19 outbreak under the guidance of WHO and other organizations, and will update it for players free of charge in the future.

　　James Vaughan, a game developer, said: "Eight years ago, we never thought that a situation like Plague Company would appear in the real world, and even many players learned how to survive the epidemic through Plague Company."

　　In addition, this week, they donated $250,000 to WHO and CEPI to fight the growing global epidemic.

Since mid-November, "countdown" and "last bus" have almost become the latest rhetoric in the sales of new energy vehicles.

"Hurry up and place an order, and you can catch up with the last bus of the country; Wait another month, this discount will be gone, and the overall price of the car may rise. At that time, you will have to pay more than 10,000 yuan. "

This "national subsidy" in the sales mouth is the national financial subsidy policy for new energy vehicles.

The policy package lasts for 13 years.

The large-scale occupation of the domestic market by new energy vehicles is always closely related to the generous policy package.

In 2009, the Ministry of Finance and other ministries and commissions jointly launched the "Demonstration, Promotion and Application Project of 1,000 Energy-saving and New Energy Vehicles in Ten Cities", proposing that by providing financial subsidies, it is planned to develop 10 cities every year in about three years, and each city will launch 1,000 new energy vehicles to carry out demonstration operation. For the first time, 13 cities including Beijing, Shanghai and Chongqing were identified to participate in the 10-city thousand-vehicle project; Seven cities including Tianjin are the second batch; Since then, there have been five cities including Shenyang as the third batch.

One month later, according to the Interim Measures for the Administration of Financial Subsidies for Demonstration and Promotion of Energy-saving and New Energy Vehicles jointly issued by the Ministry of Finance and the Ministry of Science and Technology in February 2009, the models included in the Catalogue of Recommended Models for Demonstration and Promotion of Energy-saving and New Energy Vehicles will enjoy financial subsidies according to the following standards:

For passenger cars and light commercial vehicles, hybrid vehicles are divided into five grades according to the degree of mixing and fuel economy, with a maximum subsidy of 50 thousand yuan per vehicle;

Pure electric vehicles are subsidized by 60,000 yuan each;

Fuel cell vehicles are subsidized by 250,000 yuan each;

Urban buses and hybrid buses with a length of more than 10 meters are subsidized by 50,000-420,000 yuan each, and pure electric and fuel cell buses are subsidized by 500,000 yuan and 600,000 yuan respectively.

The local finance participating in the demonstration cities should also arrange matching funds and give appropriate subsidies to the related expenses such as the purchase of energy-saving and new energy vehicles, the construction and maintenance of supporting facilities.

The "National Compensation" gift package for new energy vehicles was opened. After 2016, except for fuel cell vehicles, the subsidy standards for other new energy vehicles are all declining, that is, the subsidy amount is decreasing year by year, and the standards for subsidized vehicles are increasing year by year. Every time the subsidy retreats, it has triggered the insurance action of car companies.

The "state subsidy" should have been cancelled after the planned goal of 5 million new energy vehicles in China was achieved, that is, by the end of 2020. However, considering the actual situation such as the market, in April 2020, the Ministry of Finance and other departments jointly issued a document to extend the implementation period of the financial subsidy policy for the promotion and application of new energy vehicles to 2022.

Previously, some car dealers still had the illusion that the "state subsidy" would continue to be postponed. However, on the last day of 2021, the Ministry of Finance and other four departments issued the Notice on the Financial Subsidy Policy for the Promotion and Application of New Energy Vehicles in 2022, clearly pointing out that the subsidy standard for new energy vehicles in 2022 will be 30% lower than that in 2021; In 2022, the subsidy policy for the purchase of new energy vehicles was terminated on December 31, 2022. After that, the licensed vehicles were no longer subsidized.

Despite the 30% decline, the state subsidy in 2022 is still a considerable discount for car buyers. According to the relevant policies, the subsidy for pure electric vehicles with a cruising range of 300-400 kilometers is 9100 yuan/vehicle; For pure electric vehicles with a cruising range of ≥ 400km, the subsidy amount is 12,600 yuan/vehicle; For plug-in hybrid vehicles (including extended range) with pure electric cruising range ≥ 43km (under WLTC), the subsidy amount is 4,800 yuan/vehicle; For plug-in hybrid vehicles (including extended range) with pure electric cruising range ≥ 50km (under NEDC working condition), the subsidy amount is 4,800 yuan/vehicle.

It is worth noting that the preferential policy of "state subsidy" and the exemption of new energy vehicles from purchase tax are two different things. The "state subsidy" is a "preferential" paid by the state finance to the enterprise, which is reflected in the car purchase price through the enterprise, and the exemption from purchase tax is a direct relief to the car buyers. According to the Announcement on Continuing the Policy of Exempting New Energy Vehicles from Vehicle Purchase Tax issued by the Ministry of Finance, the State Administration of Taxation and the Ministry of Industry and Information Technology, new energy vehicles with purchase dates from January 1, 2023 to December 31, 2023 are exempted from vehicle purchase tax. Therefore, the new energy vehicle purchase tax reduction and exemption policy can be enjoyed until the end of 2023.

The idea of grabbing a single war is different.

The countdown to "national compensation" has become the only gimmick in this round of new energy car companies’ battle for orders.

Tesla took the lead in issuing the first shot of price reduction. Tesla officially announced that all models of Model 3 and Model Y sold by Tesla in Chinese mainland area would be reduced in price by 14,000-37,000 yuan. Soon after, Tesla launched the insurance subsidy scheme for the limited-time lifting of existing cars.

Xinhua news agency data map

After Tesla officially announced the price reduction, Ford electric horse and the asking world became the fastest-responding models. Ford electric horse announced that its electric horse Mustang Mach-E will officially reduce the price, with the price reduction range of 20,000-28,000 yuan.

Similar to the direct drop strategy of foreign brands, most domestic new energy vehicle companies are relatively peaceful and adopt the method of insured price. For example, Changan Deep Blue announced in official website that orders placed in 2022 will continue to enjoy the 2022 subsidy.

On November 24th, AITO Automobile officially announced that it would add 10,000 national subsidy places in 2022, and the users who have been confirmed will be completed before November 20th, 2022. If AITO Automobile fails to complete the licensing before December 31st, 2022, AITO Automobile will provide users with the difference subsidy according to the national subsidy standard for new energy vehicle purchase in 2022.

Weilai also stated in the latest "Car Purchase Subsidy Scheme for 2022" released in early November that users who purchase ES8/ES6/EC6/ET7/ES7 can enjoy the national subsidy in 2022 by paying the deposit before December 31, 2022 and locking up the production.

In addition to a series of routine operations such as price reduction and price protection, BYD has taken a slant and ran counter to all brands, offering a "price increase" killer.

On November 23, BYD issued a price adjustment statement, saying that due to the termination of subsidies for new energy vehicles and the sharp increase in the prices of main raw materials for batteries in the second half of the year, the guide prices of new energy vehicles related to Dynasty, Ocean and Tengshi will be adjusted by 2000 -6000 yuan, and customers who sign contracts before January 1, 2023 will not be affected by the price adjustment.

Tesla’s sharp price cut is in stark contrast to BYD’s high-profile price increase, and it also highlights the different judgments of the two new energy automobile manufacturers on the future market. Analysts believe that behind the price cuts and price increases of the two major manufacturers, in the final analysis, the profit rate is at work. As a representative of the high profit margin of new energy vehicles, Tesla still has a high profit margin even if the price is reduced. Therefore, in the future, Tesla is fully qualified for further price reduction on the premise of continuously expanding production capacity. BYD, a domestic new energy giant, has maintained its top position for many years, but its bicycle profit is not high. Measures such as raising prices and developing higher-end models will be the focus of BYD in the near future.

Limited impact on terminal sales

Manufacturers and sales consultants are busy recommending preferential policies to customers, but the reality is another scene.

Xiaoyu, AITO’s sales consultant, said frankly: "The preferential policy of state compensation has indeed played a certain stimulating role, but there is still a certain gap with expectations. Taking Tianjin as an example, the auto show has accumulated a certain popularity, and many customers who are willing to buy a car have already made it clear during the auto show. We are actually digesting that part now. "

"Now car buyers are becoming more and more rational, and they will not buy cars impulsively because of the discount of 10,000 yuan. The decision to buy a car must be well thought out. Like our brand customers, many of them used to drive BBA fuel cars. They do not lack purchasing power and will not be easily tempted by preferential policies. They still consider the car itself first. " Xiaoyu further explained, "Of course, from the perspective of our actual sales, we still advise customers to place orders as soon as possible. On the one hand, from the perspective of national policies, it is an inevitable trend that there will be fewer and fewer discounts in the future. At present, the country will make up for the end of this year, and the purchase tax will be exempted until the end of next year, and then in 2024. Perhaps it is really like a fuel car, and there is no discount."

In fact, the proportion of "state subsidy" in the price of pure electric passenger cars has become smaller and smaller. According to the relevant data of the Federation, among the best-selling pure electric passenger cars in 2021, financial subsidies only account for 10% of the vehicle price, while in 2017, financial subsidies can account for about 35% of the new car price. On October 8, this year, the Ministry of Industry and Information Technology released the Information Form of Vehicles Approved by capital settlement for the Promotion and Application of New Energy Vehicles in 2020, which showed that the average subsidy for each approved new energy vehicle in 2020 was 23,000 yuan, while the average subsidy for each vehicle in 2017-2019 was 67,300 yuan, 50,400 yuan and 37,400 yuan, respectively, decreasing year by year.

Nowadays, many pure electric vehicles, such as Hongguang MINIEV and Chery QQ ice cream, which are highly sought after by the people, can’t enjoy financial subsidies, but their relatively low prices still earn them beautiful sales performance and become hot-selling models.

It seems that car companies have been planning to get rid of the dependence on policy subsidies from an earlier date. According to relevant data from the Ministry of Industry and Information Technology, the proportion of new energy vehicles receiving state subsidies is decreasing year by year, from 78% in 2017 to 63% in 2020 and only 47% in 2021. Obviously, various manufacturers have been planning the way out after the withdrawal of the state compensation for a long time, and the next focus of competition will be the middle and high-end models of 300 thousand yuan. We also saw it from the Tianjin Auto Show not long ago, including some new models that have just appeared and have not yet been mass-produced. Most of the prices are in the range of 300,000-400,000, which proves that new energy vehicle companies will turn their attention to the products themselves and pay attention to subsidies in the future. The era is over.

In the future, more and more car companies will raise prices like BYD. Xiaobian consulted many brands such as Nezha, Zero Krypton, Chang ‘an, Tucki, etc. Except for individual sales, most of the sales revealed that the new sales price will be implemented in January 2023, and the price increase is already a high probability event.

Author Ma Yingjian

Check Liu Shule

　　Xinhua News Agency, Beijing, October 23rd (Reporter Wang Xi, Cui Jing, Han Jie) The press center of the 19th National Congress of the Communist Party of China held its sixth press conference on the afternoon of 23rd. Guo Weimin, spokesman of the 19th National Congress of the Communist Party of China, invited Li Ganjie, party secretary and minister of the Ministry of Environmental Protection, and Yang Weimin, deputy director of the Central Financial and Economic Leading Group Office, to introduce the situation and answer questions from reporters.

　　Historical, turning and overall changes have taken place in the protection of ecological environment.

　　Li Ganjie said that since the 18th National Congress, ecological environmental protection has undergone historic, turning and overall changes from recognition to practice. The depth of ideological understanding is unprecedented, and the consciousness and initiative of the whole party and the whole country to implement the concept of green development have been significantly enhanced; The intensity of pollution control is unprecedented. 570 million kilowatts of coal-fired units have completed ultra-low emission transformation, and more than 18 million yellow-label vehicles and old cars have been eliminated. More than 110,000 villages have carried out comprehensive improvement of rural environment, benefiting nearly 200 million rural people. The frequency of the introduction of the system is unprecedented, dozens of reform programs have been formulated, central environmental protection inspectors have been carried out, and the system of ecological civilization system has been accelerated; The scale of supervision and law enforcement is unprecedented, the environmental protection law, the air pollution prevention law and other laws have been formulated and revised, and the new environmental protection law has been implemented; The speed of environmental quality improvement is unprecedented. In 2016, the average concentration of fine particulate matter (PM2.5) in Beijing-Tianjin-Hebei, Yangtze River Delta and Pearl River Delta decreased by more than 30% compared with 2013.

　　The system of ecological civilization system was accelerated.

　　Yang Weimin said that the five years since the 18th National Congress of the Communist Party of China have witnessed the highest density, the fastest progress, the greatest strength and the most effective reform of China’s ecological civilization system. Of the 38 meetings held by the Central Leading Group for Comprehensively Deepening Reform, 20 involved the reform of the ecological civilization system. The CPC Central Committee and the State Council formulated the Overall Plan for the Reform of Ecological Civilization System, and 73 of the 79 reform tasks identified from 2015 to 2017 were all completed. At present, the formation of system of ecological civilization system has been accelerated, the reform of property right system of natural resources assets has been actively promoted, the system of land space development and protection has been strengthened day by day, the pilot reform of space planning system has been launched in an all-round way, the system of total resource management and comprehensive saving has been continuously strengthened, the system of paid use of resources and ecological compensation has been continuously promoted, the reform of environmental governance system has been intensified, the market system of environmental governance and ecological protection has been accelerated, and the system of performance evaluation and accountability of ecological civilization has been basically established.

　　Central environmental protection inspectors promote the solution of outstanding environmental problems around the masses

　　In response to a question about the central environmental protection inspector, Li Ganjie said that the central environmental protection inspector has achieved remarkable results in the past two years, which has greatly enhanced the awareness of all parties to strengthen ecological environmental protection and promote green development, effectively solved outstanding environmental problems around a large number of people, promoted the transformation and upgrading of local industrial structure, and effectively promoted the improvement and perfection of local environmental protection and ecological civilization mechanisms. In the follow-up of central environmental protection inspectors, we should focus on improving relevant mechanisms and supporting measures, studying and promoting the formulation of relevant laws and regulations, organizing and carrying out mobile acupuncture-type special inspectors for key industries in key areas, and guiding and urging local governments to establish a provincial-level environmental protection supervision system.

　　Environmental protection and economic development complement each other.

　　A reporter asked whether there is a contradiction between the ecological environment goal and the economic development goal, and how to deal with it. Li Ganjie said that strengthening environmental protection will have a local and micro impact on enterprises, but in the long run, from a macro perspective and from the overall situation, strengthening environmental protection, promoting green development and strengthening the construction of ecological civilization are positively related to economic development. Strengthening environmental protection requires both a tough battle and a protracted war. In the specific implementation process, on the one hand, enterprises that violate laws and regulations and pollute the environment have zero tolerance and are dealt with severely according to the law and regulations; On the other hand, according to the guiding principle of classification, one factory, one policy, and concrete analysis of specific problems, it has won the support of all aspects, including local and enterprises, and achieved the complementarity between environmental protection and economic development.

　　Make up the short board of system of ecological civilization as soon as possible

　　When answering a question about the reform of the ecological civilization system, Yang Weimin said that the reform of the ecological civilization system is very exploratory, and it still faces some difficulties and challenges, mainly because it is difficult to confirm the ownership reform of natural resources assets and integrate the management system; Some reforms need to amend laws and regulations accordingly; The role of the market is not enough, and the incentive mechanism needs to be further established. We will accelerate the reform of the ecological civilization system in accordance with the deployment of the 19th National Congress, adhere to the problem orientation, speed up the reform, and fill the shortcomings and loopholes in the system as soon as possible.

　　Promote the prevention and control of air and soil pollution.

　　When answering questions about the prevention and control of air and soil pollution, Li Ganjie said that the Air Pollution Prevention and Control Action Plan has achieved remarkable results over the past four years. The average concentration of inhalable particulate matter (PM10) in 338 cities at prefecture level and above in China decreased by 15.5% in 2016 compared with 2013. The average proportion of excellent days in 74 key cities in 2016 was 74.2%, an increase of 13.7 percentage points over 2013. But overall, air pollution is still very heavy, especially in key areas and time periods. At present, we are carrying out special actions to explore and establish a long-term mechanism for air pollution prevention and control, and stick to it for a long time to win the blue sky defense war. Since the release of the Action Plan for the Prevention and Control of Soil Pollution, some achievements have been made in related work. In the next step, we will work harder with relevant departments to strengthen the target assessment, and strive to see results in the prevention and control of soil pollution as soon as possible, just like the prevention and control of air and water pollution.

　　The development of green finance has achieved initial results.

　　When answering a question about green finance, Yang Weimin said that the development of green finance has achieved initial results. From January to September this year, China issued a total of 135 billion yuan of labeled green bonds, accounting for 24% of the global circulation. As of February this year, the balance of green credit of 21 major banking financial institutions was 7.51 trillion yuan, accounting for about 8.8% of the total credit, and innovative products such as green index products emerged, providing investors with more market choices. Some reforms are also being actively promoted: the national green development fund construction plan is being studied and formulated, the environmental information disclosure requirements of listed companies are further improved, the construction of green finance reform and innovation pilot zones is organized in some areas, and international cooperation in green finance is actively carried out.

　　The development of the Yangtze River Economic Belt adheres to the principle of "jointly protecting and not developing"

　　When answering questions about the ecological protection of the Yangtze River Economic Belt, Li Ganjie said that relevant parties have made great efforts to promote relevant work and achieved initial results in accordance with the requirements of the Supreme Leader’s General Secretary to "jointly protect and not develop". At the same time, there are still outstanding problems and obvious shortcomings: the infrastructure of ecological environment control is in debt, the layout of heavy chemicals along the line is relatively dense, the environmental risk is relatively high, the rural non-point source pollution is more prominent, and some shoal wetlands are damaged and destroyed. In response to these problems, we will work with relevant departments to strengthen the top-level design of ecological environmental protection in the Yangtze River Economic Belt, carry out central environmental protection supervision in relevant places, accelerate the delineation of the red line of ecological protection in the Yangtze River Economic Belt, and start the ecological environmental protection and rectification of drinking water sources in the Yangtze River Economic Belt. These measures have achieved initial results, and we will continue to persist in promoting the green development of the Yangtze River Economic Belt.

　　More than 280 Chinese and foreign journalists attended the press conference.

　　CCTV News:"Reading should not only have clear goals and unswerving perseverance, but also improve the efficiency and quality of reading, stress reading methods and skills, improve the ideological level, solve practical problems and achieve self-transcendence in loving reading, diligent reading, good reading and good reading."

　　The chairman of the Supreme Leader is known as a "book fan".

　　From the German philosopher Jaspers to the Greek poet Aeschylus, from Hemingway to Dumas, from Bach to Beethoven, from Qu Yuan to Lu You, from Lao Zi to Confucius and Mencius … … At least 136 people were mentioned in the 12,000-word speech at the forum on literary and artistic work of the Supreme Leader.

　　From the Book of Songs and Chu Ci to Han Fu, Tang Poetry, Song Ci, Yuan Qu and novels of Ming and Qing Dynasties, from the May 4th New Culture Movement, the founding of New China to today’s reform and opening-up, the supreme leader has a vast array of literary works at his fingertips.

　　Then, how does the supreme leader shape the correct outlook on life and values through reading? On the occasion of the second anniversary of the symposium on literature and art, let us learn from the indissoluble bond between the supreme leader and the book.

　　Study, cultivate one’s morality and be virtuous in politics.

　　青年最高领袖（资料图）

　　It is not difficult to find that the supreme leader’s love of reading can be traced back to at least 1969. When he was less than 16 years old, he started his career as an educated youth on the loess high slope and kept reading.

　　On the May 4th Youth Day in 2013, the Supreme Leader mentioned in a discussion with outstanding youth representatives from all walks of life, "After I jumped the queue in the countryside, I set a motto for myself, starting with self-cultivation. If you are ashamed of knowing nothing, you will be thirsty for knowledge. Going up the mountain to herd sheep, I put a book in my hand, put the sheep pen on the hillside, and began to read. When I went to the field and began to take a break, I took out the Xinhua dictionary to remember the various meanings of a word and accumulated it bit by bit. "

　　"At that time, I tried my best to find Shakespeare’s works, and read a midsummer night’s dream, The Merchant of Venice, Twelfth Night, Romeo and Juliet, Hamlet, Othello, King Lear and Macbeth. The ups and downs of Shakespeare’s plots, vivid characters and weeping emotions deeply attract me. " In October 2015, the Supreme Leader talked about the life of jumping the queue during his speech at the Mayor’s Dinner in the City of London. "Young me, I kept thinking about ‘ To be or not to be ’ In the end, I made a commitment to the motherland and the people. "

　　Looking through Zhijiang Xinyu, we find that there are four or five articles about the theme of "reading". He proposed, "Our country has always paid attention to self-cultivation in reading and morality in politics. The ancients said, ‘ Cultivate his mind and cure his body, and then he can govern the world ’ ，‘ Governing by virtue, such as Beichen, lives in its place and the stars arch it ’ ，‘ Reading is Lide ’ , said is the truth. In traditional culture, reading, self-cultivation and moral education are not only the foundation of standing, but also the foundation of politics. According to today’s statement, it is necessary to continuously strengthen the ideological and moral cultivation and party spirit cultivation of leading cadres in party member, always cultivate the virtue of politics, always think about the harm of greed, and always be self-disciplined, and consciously be ethical, honest and people-oriented. "

　　The supreme leader has also talked about the importance of leading cadres’ reading on many occasions. In May 2014, when the supreme leader visited Shanghai, he demanded that leading cadres "spend less time socializing and spend more time quietly studying and thinking".

　　Know your friends with books and apply what you have learned.

　　In 1983, the Supreme Leader changed jobs from the post of secretary of the General Office of the Central Military Commission to the post of deputy secretary of the county party committee in Zhengding County, Hebei Province, where he met his bosom friend Jia Dashan. Later, he mentioned in Yi Dashan that although Jia Dashan was only an amateur author at that time, his novel "Learning from the Classics" had won the national excellent short story award in the new period, and it was a rising star in Ran Ran, a literary world in China.

　　Before Zhengding, the Supreme Leader had read several novels by Dashan, and was often impressed by his humorous language, philosophical analysis, true and beautiful description and ingenious and unique ideas. After Zhengding, the first object of the Supreme Leader’s visit was Jia Dashan. As a writer, Jia Dashan has a profound insight into social life and a unique perspective. While introducing Jia Dashan as a bosom friend, the supreme leader also regards him as a window and channel to keep abreast of social conditions and public opinion, as a staff officer and an example for the administration and people.

　　2014年10月15日，中共中央总书记、国家主席、中央军委主席最高领袖在北京主持召开文艺工作座谈会并发表重要讲话。新华社记者鞠鹏摄

　　In 2014, the Supreme Leader said at the symposium on literature and art, "When I was young, I read a lot of literary works and dabbled in all kinds of books that I could find at that time. Not only many wonderful chapters and meaningful words are still fresh in my memory, but I have learned a lot from them. The true meaning of life. Literature and art are also the best way for different countries and nations to understand and communicate with each other. "

　　The supreme leader who is familiar with world famous works uses his own experience of classic works to seek consensus among countries. In September, 2015, when the Supreme Leader gave a speech at a joint welcoming banquet hosted by the local government of Washington State and American friendship groups, he said, "When I was young, I read the Federalist Anthology, Thomas Paine’s Common Sense and other works. I also like to know the life and thoughts of American politicians such as Washington, Lincoln and Roosevelt. I also read the works of Thoreau, Whitman, Mark Twain and Jack London. Hemingway’s "The Old Man and the Sea" left a deep impression on me with its descriptions of strong winds and heavy rains, huge waves and boats, old people and sharks. The first time I went to Cuba, I made a special trip to the pier where Hemingway wrote The Old Man and the Sea. The second time I went to Cuba, I went to Hemingway’s usual bar and ordered Hemingway’s favorite rum with mint leaves and ice. I want to experience the spiritual world and field atmosphere when Hemingway wrote those stories. I think we need to know more about different cultures and civilizations. "

　　Behind this long list of names that have profoundly influenced modern thoughts, the understanding and respect of American culture by the supreme leader is revealed, which naturally narrows the psychological distance between the people of China and the American people. In several speeches abroad, he also talked extensively about the excellent works of various countries, with the profound experience of reading, to narrow the distance between them, to find the pulse of countries and China, and to seek happiness for world peace and development.

　　Persist in reading and surpass yourself.

　　After the 18th National Congress of the Communist Party of China, the Supreme Leader, who served as the chairman of General Secretary of the Communist Party of China (CPC) Central Committee, president and the Central Military Commission, began his busy work of governing the country. In addition to his busy schedule, he never stopped reading.

　　In October 2014, at the symposium on literature and art, the Supreme Leader recalled his reading history when he was young many times. When he jumped the queue in the rural areas of northern Shaanxi, he "brought a heavy box of books" and "read books as thick as bricks while eating", and borrowed books everywhere. I heard that the educated youth in the countryside 30 miles away brought a set of Faust, so he walked 30 miles to borrow it.

2015年春节前夕，最高领袖重回当年延安插队村庄，指着曾经住过的窑洞说道，“我那时爱看书，晚上点着煤油灯，一看就是半宿，第二天早起，吐出来的痰都是黑的。”

　　It is with this hard-working and perseverance that the young supreme leader realized his university dream. When applying for university, all three volunteers of the Supreme Leader filled in Tsinghua University. In 1975, the Supreme Leader entered the basic organic synthesis major of Tsinghua University Chemical Engineering Department as he wished, and spent four years in college.

　　In February 2014, the Supreme Leader said in an interview with Russian TV in Sochi: "For me, the question is where has my personal time gone? Of course, it’s all occupied by work. Now, what I can often do is reading, and reading has become a way of life for me. Reading can keep people alive, inspire people with wisdom, and nourish people with lofty spirit. "

　　From December 31st, 2013 to now, the Supreme Leader has delivered New Year greetings for three consecutive years as president. While listening to President Xi’s inspiring congratulations, we also saw his office and the huge bookshelf behind him. According to the media, the books on the shelves are roughly divided into: classical literature, modern and contemporary literature, dictionaries, history, international politics, scientific literacy and so on. Generally, there are The Book of Songs, The Complete Works of Prose Appreciation of Eight Masters in Tang and Song Dynasties, Selected Poems of Song Dynasty, The Complete Works of Lu Xun, The Complete Works of Lao She, A Dictionary of Appreciation of Foreign Novels, Selected Works of Justus von Liebig, Capital in the 21st Century, War of Resistance against Japanese Aggression, World Order and so on. From this complete bookshelf, we can see that the supreme leader draws on the cultural wisdom of ancient and modern China and foreign countries and condenses it into the foresight of governing the country.

　　读书这个爱好，伴随着最高领袖从梁家河村的窑洞到清华大学的课堂，从正定到福建，从浙江到中央，一路追寻过来，读书已经成为他的一种生活方式，存在于他工作、生活的每一个片段，日积月累，逐渐积淀成为治国理政的大智慧。（文/李丹）

　　[Editor’s Note] The full text of the Annual Report on Intellectual Property Cases in the Supreme People’s Court (2017) is about 70,000 words, and it is now published in summary. The full text of the report will be published by China Legal Publishing House in the near future.

　　In 2017, the Supreme People’s Court thoroughly studied and implemented the spirit of the 19th National Congress of the Communist Party of China, deepened the reform in the field of intellectual property adjudication, conscientiously fulfilled the top priority of law enforcement and case handling, strictly implemented the judicial responsibility system, gave full play to the leading role of judicial protection of intellectual property rights, continuously promoted the modernization of the intellectual property adjudication system and judicial capacity, and continuously enhanced the judicial credibility and international influence in the field of intellectual property rights, making positive contributions to building an intellectual property power and a world science and technology power.

　　In 2017, the Supreme People’s Court Intellectual Property Court received a total of 897 new intellectual property cases. Among the newly accepted cases, according to the trial procedures, there are 15 cases of second instance, 56 cases of arraignment, 796 cases of application for retrial, 29 cases of request for instructions and 1 case of reconsideration of judicial sanctions. According to the types of objects involved, there are 336 patent cases, 9 new plant varieties cases, 395 trademark cases, 29 copyright cases, 1 integrated circuit layout design case, 4 monopoly cases, 11 trade secret cases, 14 other unfair competition cases, 57 intellectual property contract cases and 41 other cases (mainly involving intellectual property trial management affairs). According to the nature of cases, there are 390 administrative cases, including 68 patent administrative cases, 308 trademark administrative cases, 9 administrative requests and 5 other administrative cases. 501 civil cases; 5 cases of criminal instructions; One case of judicial sanction reconsideration.

　　In the whole year, 910 intellectual property cases were concluded, including 13 cases of second instance, 58 cases of arraignment, 808 cases of application for retrial, 30 cases of request for instructions and 1 case of reconsideration of judicial sanctions. Among the 808 applications for retrial concluded, there were 366 administrative applications for retrial and 442 civil applications for retrial; It ruled that 615 applications for retrial were rejected, 98 cases were brought for trial, 66 cases were ordered for retrial, 22 cases were dismissed, and 7 cases were handled in other ways.

　　The basic laws and characteristics of intellectual property rights and competition cases handled in the Supreme People’s Court in 2017 are: patent and trademark cases still account for the largest proportion of all accepted cases, patent civil cases have increased greatly, and trademark administrative cases continue to maintain a rapid growth. There are many controversial issues in patent civil cases, such as the division of technical characteristics and the interpretation of claims, and there are many related cases involving disputes over the reward and remuneration of inventors of service inventions. The focus of controversy in administrative cases of patent authorization and confirmation is still on the evaluation of novelty and creativity, and the proportion of cases involving procedural issues has increased. Patent administrative law enforcement cases involve many procedural violations, and the function of judicial supervision over administrative law enforcement is constantly strengthened. In trademark civil cases, proper use, legal source and right of first use have become the common defenses. Trademark approximation, commodity similarity and prior rights protection are still the main focus of trademark administrative cases. The number of copyright cases has declined, and originality judgment is still the main focus and difficulty of cases. Disputes over infringement of trade secrets, unauthorized use of unique names of well-known commodities, and disputes over packaging and decoration are relatively large in competition cases, and the trial of competition cases plays a more prominent role in leading the market competition order. The number of monopoly cases is small, and how to identify the relevant market and whether the operators have a dominant market position are the difficulties in court hearing. The cases of new plant varieties have increased rapidly, mainly involving the identification of sales infringement and infringement comparison. In the dispute cases of technology contracts and franchise contracts, problems such as contract breach and contract termination are more prominent.

　　This annual report selects 33 typical cases (one related case with basically the same case facts and legal issues) from the intellectual property and competition cases concluded in the Supreme People’s Court in 2017. From this, we have summed up 42 legal application issues with certain guiding significance, which reflect the trial ideas and judgment methods of the Supreme People’s Court in dealing with new, difficult and complicated cases in the field of intellectual property rights and competition, and are hereby announced.

　　I. Trial of patent cases

　　(1) Trial of patent civil cases

　　1. The reference function of the opinions made by the parties in the process of authorization and confirmation of other patents that enjoy common priority with the patents involved.

　　In the case of the dispute between the retrial applicant Dyson Technology Co., Ltd. and the respondent Suzhou Suo Generator Co., Ltd. [(2017) Supreme People’s Application No.1461], the Supreme People’s Court pointed out that when determining the meaning of the terms in the claim, if the same patent applicant or patentee has made a clear statement on the same terms in the authorization confirmation procedure of other patents that share the same priority with the patents involved, you can refer to the above statement.

　　2. Restrictive conditions for the application of estoppel principle in patent infringement cases

　　In the case of retrial applicants Cao Guilan, Hu Meiling, Jiang Li and Jiang Haotian and the respondent chongqing lifan Automobile Sales Co., Ltd. [(2017) Supreme People’s Application No.1826], the Supreme People’s Court pointed out that when the people’s court applied the principle of estoppel in patent infringement cases, To judge whether the opinion statement made by the obligee conforms to the "clear negation" stipulated in Article 13 of the Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes (II), we should make an objective and comprehensive judgment on the examination of the technical characteristics in the patent authorization and confirmation stage, focusing on whether the restrictive statement made by the obligee on the technical scheme is finally recognized by the referee, and whether the patent application is authorized or the patent right is maintained as a result.

　　3. The division standard of the technical features of the claim in the judgment of patent infringement

　　In the case of retrial applicant Liu Zonggui and respondent Taizhou Fenglilai Plastic Co., Ltd. infringing on the patent right of utility model [(2017) Supreme People’s Court No.3802], the Supreme People’s Court pointed out that properly dividing the technical features of patent claims is the basis for infringement comparison. The division of technical features should be combined with the overall technical scheme of the invention, and smaller technical units that can realize certain technical functions and produce relatively independent technical effects should be considered.

　　4. Parts with only technical functions do not constitute design infringement.

　　In the case of retrial applicant Ou Jieren and respondent Taizhou Jinshen Household Products Co., Ltd. [(2017) Supreme People’s Court No.2649], the Supreme People’s Court pointed out that if the product infringing the patent right of design is used as a component to manufacture another product and sell it, if the component only has technical function in another product, this behavior does not constitute infringement.

　　5. Determination of manufacturing behavior in patent infringement cases

　　In the case of the retrial applicant Shenyang China Railway Safety Equipment Co., Ltd. and the respondent Harbin Railway Bureau Retarder Speed Control System Research Center, Ningbo China Railway Safety Equipment Manufacturing Co., Ltd. and the defendant Harbin Railway Bureau in the first instance [(2017) Supreme People’s Republic of China No.122], the Supreme People’s Court pointed out that although the accused infringer did not directly manufacture the accused infringing product, it can be inferred from factors such as his control of others’ manufacturing behavior, the accused infringer’s enterprise name and exclusive product model marked on the final product.

　　6. The technical features of non-shape structure of utility model patent shall not be considered in principle when the defense of existing technology is recognized.

　　In the case of the dispute between Tan Xining, the retrial applicant, and Hengda Silicone Co., Ltd., the respondent in Zhenjiang New Area [(2017) Supreme People’s Court No.3712], the Supreme People’s Court pointed out that the protection object of the utility model patent is the technical scheme composed of shape, structure and their combination, so the technical features of non-shape structure in the claim do not contribute to the novelty and creativity of the claim. Therefore, in the case of utility model patent infringement, the determination of the defense of existing technology does not consider whether the existing technology discloses the technical characteristics of non-shape structure recorded in the claim in principle.

　　(2) Trial of patent administrative cases

　　7. Identification and treatment of procedural violations in patent administrative law enforcement

　　In the case of administrative handling of patent infringement disputes between the retrial applicant Xixia Longcheng Special Materials Co., Ltd. and the respondent Yulin Intellectual Property Office and Shaanxi Coal Industry Chemical Group Shenmu Tianyuan Chemical Co., Ltd. [(2017) Supreme Law Firm No.84], the Supreme People’s Court pointed out that the members of the collegiate bench who have been explicitly changed have signed the sued administrative decision, which is essentially equal to "the adjudicator has not made a ruling, and the adjudicator has not tried it", which constitutes a serious violation of legal procedures. In principle, the collegiate bench that makes the sued administrative decision shall be composed of the staff of the administrative organ with patent administrative law enforcement qualifications. Even if law enforcement personnel are deployed in different places, formal and complete official document procedures should be performed.

　　8. Determination of the starting point of the prosecution period in administrative litigation

　　In the case of retrial applicants Beijing Tailong Automation Equipment Co., Ltd., Wang Yu and the respondent Henan Intellectual Property Office [(2017) Supreme Law Firm Shen No.2778], the Supreme People’s Court pointed out that the prosecution period of administrative litigation is calculated from the date when the specific administrative act is known or should be known, or the date when the specific administrative act is made, not from the date when the specific administrative act is known or should be known.

　　9. The specification is clear and complete.

　　In the administrative dispute between the retrial applicant Stoebly-Faweiri Company and the respondent Changshu Textile Machinery Factory Co., Ltd., the defendant in the first instance and the appellee in the second instance, the Patent Reexamination Board of the State Intellectual Property Office [(2016) Supreme Law Firm No.95], the Supreme People’s Court pointed out that whether the patent specification is clear and complete should be judged by whether the technicians in this field understand the technical scheme and can realize it. If the technical personnel in this field can understand, find and correct the errors when reading the contents disclosed in the specification, and this understanding and correction will not lead to changes in the technical scheme of the claim, they should be allowed to correct and understand the errors existing in the patent specification.

　　10. Whether the claim is based on the specification.

　　In the administrative dispute between the retrial applicant Sensor Electronics Co., Ltd. and the Patent Reexamination Board of the State Intellectual Property Office of the respondent and the third party of the first instance, Ningbo Xunqiang Electronic Technology Co., Ltd. (hereinafter referred to as the administrative dispute over the invalidation of the invention patent right of "electronic goods monitoring marker") [(2016) Supreme Law Firm No.19], the Supreme People’s Court pointed out that the obligee has the right to write the claim in a reasonable and general way on the basis of the specific implementation methods and other contents fully disclosed in the manual, so as to obtain it. The scope of protection defined in the claims shall be compatible with the technical contribution of the patent involved and the full disclosure of the specification.

　　11. Determination of technical problems to be solved by the patent involved when determining whether the claim is based on the specification.

　　In the aforementioned administrative dispute case of invalid invention patent right of electronic goods monitoring marker, the Supreme People’s Court pointed out that when determining whether the claim is based on the specification, the technology to be solved for the patent involved can be combined with the background technology and its existing defects recorded in the specification, the technical problems to be solved in the invention content, and the contents related to the technical problems and beneficial effects in the specific implementation. According to the difference between the claim and the closest existing technology, the "actually solved technical problem" redefined may be different from the technical problem to be solved by the patent involved, and cannot be directly used as the basis for determining whether the claim is based on the specification.

　　12. The relationship between whether the claim is based on the specification and whether the claim is creative.

　　In the aforementioned administrative dispute over the invalidation of the invention patent right of "electronic goods monitoring marker", the Supreme People’s Court pointed out that even if the claim is creative, it is still necessary to determine whether the technical features recorded in it, including the distinctive technical features, are summarized properly and whether the technical scheme defined in the claim is summarized properly as a whole, according to the provisions of the fourth paragraph of Article 26 of the Patent Law.

　　13. Nature of Markush’s claim

　　In the administrative dispute between the Patent Reexamination Board of the State Intellectual Property Office, the retrial applicant, and Beijing Wansheng Pharmaceutical Co., Ltd., the respondent, and No.13 Co., Ltd., the third party in the first instance (hereinafter referred to as "Markush Claim" patent invalidation administrative dispute case) [(2016) Supreme Law Firm No.41], the Supreme People’s Court pointed out that the compound claim written in Markush way should be understood as a general technical scheme rather than a collection of many compounds.

　　14. The principle of modification of Markush’s claim in invalid procedure.

　　In the aforementioned administrative dispute case of patent invalidation of Markush’s claim, the Supreme People’s Court pointed out that the principle of allowing the modification of Markush’s claim should be that no class or single compound with new properties and functions can be produced due to the modification, but at the same time, the case factors should be fully considered.

　　15. The creative judgment method of Markush’s claim.

　　In the aforementioned administrative dispute case of invalid patent of Markush claim, the Supreme People’s Court pointed out that the creative judgment of compound claim written in Markush way should follow the basic method of creative judgment, that is, the "three-step method" stipulated in the patent examination guide. Unexpected technical effect is an auxiliary factor in creative judgment, and it is usually not appropriate to judge whether a patent application is creative by directly applying unexpected technical effect across the "three-step method".

　　16. Identification of distinguishing technical features in invalid cases of design patent right

　　In the administrative dispute between the retrial applicant YKK Co., Ltd. and the Patent Reexamination Board of the State Intellectual Property Office of the respondent, the third party in the first instance Ideality (Guangdong) Zipper Industry Co., Ltd. and Kaiyi (Guangdong) Garment Accessories Co., Ltd. [(2016) Supreme Law Firm Shen No.3687], the Supreme People’s Court pointed out that the features that are not reflected in the main view of the design patent and are not clearly displayed in the stereoscopic view do not constitute the design patent and the comparative design.

　　Second, the trial of trademark cases

　　(1) Trial of trademark civil cases

　　17. The relationship between the protection of registered trademarks and the trademark awareness of the accused infringing goods.

　　In the case of retrial applicant Cao Xiaodong and respondent Yunnan Xiaguan Tuocha (Group) Co., Ltd. [(2017) Supreme People’s Republic of China No.273], the Supreme People’s Court pointed out that a registered trademark, as a symbolic civil right, the trademark owner not only has the right to prohibit others from using the registered trademark logo on the same similar goods, but also has the right to use its registered trademark logo to establish the connection between the registered trademark logo and the source of the goods among the relevant public. Whether the relevant public will confuse and mistake the goods using the accused infringement mark for the goods of the trademark owner or have some connection with the trademark owner, and also mistake the goods of the trademark owner for the goods of the accused infringer or mistake the trademark owner for having some connection with the accused infringer.

　　18. Considerations for the coexistence of trademarks and font sizes under special historical background

　　In the case of trademark infringement and unfair competition dispute between the complainant Taiyuan Daningtang Pharmaceutical Co., Ltd. and the respondent Shanxi Medicinal Materials Company [(2015) Mintizi No.46], the Supreme People’s Court pointed out that under the special historical background, whether using the same brand name as others’ trademarks constitutes trademark infringement and unfair competition should be comprehensively considered from the aspects of historical inheritance, reality, legal application and social effect.

　　19. Identification of legal common names

　　In the case of trademark infringement dispute between the retrial applicant Fuzhou Rice Factory and the respondent wuchang city Jinfutai Agricultural Co., Ltd. and Fujian Xinhuadu General Department Store Co., Ltd. Fuzhou Jinshan Dajingcheng Branch (hereinafter referred to as "Daohuaxiang" infringement trademark dispute case) [(2016) Supreme People’s Republic of China No.374], the Supreme People’s Court pointed out that the common name stipulated in the crop variety examination and approval method is not exactly the same as the common name in the sense of trademark law, and it cannot be determined only on the basis of the variety name announced by examination and approval.

　　20. Identification of common names by convention

　　In the aforementioned dispute case of "Daohuaxiang" infringing on trademark rights, the Supreme People’s Court pointed out that the relevant market of the product is not limited to a specific region but involves the whole country, and whether it belongs to the established common name should be judged by the common understanding of the relevant public in the whole country.

　　21. Proper use of crop variety names

　　In the aforementioned dispute case of trademark infringement by "Daohuaxiang", the Supreme People’s Court pointed out that in the case of the prior registered trademark rights of others, the crop variety names announced after examination and approval can be standardized and used in the products processed from the planting harvest of this variety, but this use method is limited to indicating the source of crop varieties and shall not be highlighted.

　　22. Identification of fair use in trademark infringement cases

　　In the case of trademark infringement dispute between Feng Yin, the retrial applicant, and Xi ‘an Qujiang Yuejianglou Restaurant Entertainment Culture Co., Ltd. [(2017) Supreme People’s Court No.4920], the Supreme People’s Court pointed out that the main purpose of the accused infringer’s use of relevant symbols in his enterprise name and other commercial activities is to objectively describe and indicate the characteristics of his service, and in the actual use process, he never used the same graphic combination form as the trademark involved. There is no evidence that the accused infringer’s use of relevant symbols and characters aims to cling to the commercial reputation of the trademark involved, so it can be concluded that the alleged infringement does not have the possibility of confusing the relevant public and thus does not constitute infringement of the trademark right involved.

　　(2) Trial of trademark administrative cases

　　23. Consideration factors of trademark similarity judgment

　　In the administrative dispute case of retrial applicant Sichuan Yibin Wuliangye Group Co., Ltd. vs. the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce and Gansu Binhe Food Industry (Group) Co., Ltd. [(2014) Zhixingzi No.37], the Supreme People’s Court pointed out that judging whether the challenged trademark and the cited trademark constitute approximate trademarks used on the same or similar goods, Factors such as the constituent elements of the objected trademark and the cited trademark, the prior use status and popularity of the objected trademark should be comprehensively considered. If it will not lead to confusion and misunderstanding among the relevant public, it should be considered that the objected trademark and the cited trademark do not constitute similarity.

　　24. Proof of the qualified subject who claims prior copyright.

　　In the administrative dispute between Wenzhou Yijiuliang Optical Co., Ltd., the retrial applicant, Dama Co., Ltd., the respondent and the appellee of the second instance, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce [(2017) Supreme Law Firm Shen No.7174], the Supreme People’s Court pointed out that both the copyright owner and the interested party of the copyright can claim the prior copyright according to Article 31 of the Trademark Law. The copyright registration certificate after the trademark application date can not be used as the ownership evidence of the prior copyright alone. Although the trademark registration certificate before the trademark application date can not be used as evidence of copyright ownership, it can be used as preliminary evidence to determine that the trademark owner is an interested party who has the right to claim the copyright of the trademark mark.

　　25. Examination and determination of whether others enjoy prior copyright.

　　In the administrative dispute case of retrial applicant Jiejie Co., Ltd. against the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce and the third party of first instance Jinhua Baizi Cosmetics Co., Ltd. [(2017) Supreme Law Firm No.35], the Supreme People’s Court pointed out that it is necessary to comprehensively consider relevant evidence to determine whether the parties enjoy prior copyright. When the certificate of copyright registration is later than the application date of the trademark in dispute, the parties concerned can be deemed to have prior copyright in the trademark mark by combining the trademark registration certificate, the website page containing the trademark mark, the newspaper content recording the creation process of the work, the product in kind, the certificate of copyright transfer and other evidence, and when it is confirmed that the relevant evidence confirms each other and has formed a complete chain of evidence.

　　26. "Portrait" as a prior right protection should be identifiable.

　　In the administrative dispute case between retrial applicant michael jeffrey jordan and the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce, and the third party of the first instance, Jordan Sports Co., Ltd. [(2015) Zhixingzi No.332], the Supreme People’s Court pointed out that the "portrait" protected by the right of portrait should be recognizable, which should include personal characteristics enough for the public to identify the corresponding right subject, that is, the specific natural person, so as to clearly refer to the specific right subject.

　　Third, the trial of copyright cases

　　27. Identification criteria of model works

　　In the case of the retrial applicant Shenzhen Feipengda Boutique Manufacturing Co., Ltd. and the respondent Beijing Zhonghang Zhicheng Technology Co., Ltd. [(2017) Supreme People’s Republic of China No.353], the Supreme People’s Court pointed out that when judging whether it constitutes a model work protected by the copyright law, the provisions of Article 4 (13) of the Regulations for the Implementation of the Copyright Law cannot be applied separately from those of Article 2. In the case of only meeting the provisions of Item (13) of Article 4 of the Regulations for the Implementation of the Copyright Law, it cannot be considered as a model work protected by the Copyright Law.

　　28. Calculation of infringement damages when using other people’s works as trademarks

　　In the case of Li Yanxia, the retrial applicant, and Jilin Yongpeng Agricultural Products Development Co., Ltd., the respondent, and Benyuan Design Studio of Nanguan District, the third person in the first instance [(2017) Supreme People’s Court No.2348], the Supreme People’s Court pointed out that if someone uses another person’s work as a trademark without permission, which constitutes infringement of another person’s copyright, damages should not be calculated based on the loss of the obligee or the benefit of the infringer, but should mainly consider the copyright license fee. The trademark design fee of the accused infringer can be used as a reference to determine the copyright license fee.

　　Iv. trial of unfair competition cases

　　29. The "commodity" and "packaging and decoration" in the unique packaging and decoration of well-known commodities should have a specific pointing relationship.

　　In the two cases of the appellant Guangdong Jiaduobao Beverage & Food Co., Ltd. and the appellees Guangzhou Pharmaceutical Group Co., Ltd. and Guangzhou Wanglaoji Dajian Health Industry Co., Ltd. (hereinafter referred to as the "red can" unique packaging and decoration dispute case) [(2015) Minsanzhongzi No.2 and No.3], the Supreme People’s Court pointed out that there is a difference between "well-known goods" and "unique packaging and decoration" as stipulated in Item 2 of Article 5 of the Anti-Unfair Competition Law. Abstract commodity names or commodity concepts without definite connotation are divorced from the specific commodities to which packaging and decoration are attached, and lack of practical use behavior for evaluation, which does not have the significance of evaluation according to the second paragraph of Article 5 of the Anti-Unfair Competition Law.

　　30. Factors for determining the ownership of the unique packaging and decoration rights of well-known commodities

　　In the above-mentioned dispute case about the unique packaging and decoration of "Red Cans", the Supreme People’s Court pointed out that when determining the ownership of the rights and interests of unique packaging and decoration, it is necessary to encourage honest labor under the premise of following the principle of honesty and credit, and also to respect consumers’ objective cognition of the relationship between commodity sources and directions based on the distinctive features of packaging and decoration itself.

　　V. Trial of new plant varieties cases

　　31. The meaning of "sales" in Article 6 of the Regulations on the Protection of New Plant Varieties.

　　In the case of the dispute between the retrial applicant, Laizhou Yonghengguohuai Research Institute, and the respondent, Ge Yanjun [(2017) Supreme People’s Application No.4999], the Supreme People’s Court pointed out that the meaning of the word "sales" in Article 6 of the Regulations on the Protection of New Varieties of Plants should be understood in combination with the provisions of Article 5, paragraph 1, of the International Convention on the Protection of New Varieties of Plants (1978), which China has joined. According to the principle of consistency of interpretation between international law and domestic law, the "sales" mentioned in Article 6 of the Regulations on the Protection of New Plant Varieties should include the promise of sales.

　　Vi. Trial of technical contract cases

　　32. Identification of the purpose of the contract in the technology industrialization contract

　　In the case of technical contract dispute between Shaanxi Tianbao Soybean Food Technology Research Institute, the retrial applicant, and Fenzhou Yuyuan Native Products Co., Ltd. [(2016) Supreme People’s Republic of China No.251], the Supreme People’s Court pointed out that whether the products that meet the contract can be produced is not the same level as whether the products can be marketed, marketable and profitable. In a contract involving technological industrialization, if there is no clear agreement, the commercialization of products should not be regarded as the purpose of the contract.

　　VII. Proceedings and Evidence of Intellectual Property Rights

　　(1) Civil proceedings and evidence of intellectual property rights

　　33. The receiving place of online shopping should not be used as the place of infringement of intellectual property rights and unfair competition cases.

　　In the case of the appellants Guangdong marnell Clothing Co., Ltd., Zhou Lelun and the appellee New Balance Trade (China) Co., Ltd. and the defendant Nanjing Oriental Mall Co., Ltd. [(2016) Supreme People’s Jurisdiction No.107], the Supreme People’s Court pointed out that in the case of infringement of intellectual property rights and unfair competition, the plaintiff should not apply the provisions of Article 20 of the Judicial Interpretation of the Civil Procedure Law to purchase the infringed products online.

　　34. Examination and determination of notarial evidence involving market statistical investigation

　　In the case of the retrial applicant Hebei Liuren Baked Beverage Co., Ltd. and the respondent Hebei Yangyuan Zhihui Beverage Co., Ltd. and the first-instance defendant Jinhua jindong district Ye Baosen Non-staple Food Store [(2017) Supreme People’s Court No.3918], the Supreme People’s Court pointed out that the examination and determination of notarial evidence related to market statistical investigation should specifically examine the objectivity, scientificity and legality of the market statistical investigation, not just because the investigation was notarized.

　　35. In the retrial procedure, it is argued that the defense of existing technology should not be supported by new evidence.

　　In the case of the retrial applicant Tangshan Xianfeng Printing Machinery Co., Ltd. and the respondent Tianjin Changrong Printing Equipment Co., Ltd. and the defendant Changzhou Hengxin Packaging Color Printing Co., Ltd. [(2017) Supreme People’s Application No.768], the Supreme People’s Court pointed out that in the patent infringement case, the defendant claimed the existing technology defense with new evidence in the retrial procedure, apparently applying for retrial on the grounds of new evidence, but in essence it was equivalent to proposing a new existing technology defense separately. If the accused infringer is allowed to put forward new prior art defenses without restriction in the retrial procedure, compared with the patentee’s claim that should be fixed before the end of the trial debate in the court of first instance, obviously unfair, the patentee, will be a lawsuit surprise, and the proceedings of the first and second instance will also be overhead.

　　36. The legal source defense shall provide relevant evidence that conforms to the trading habits.

　　In the case of the retrial applicant Ningbo Ou Lin Industrial Co., Ltd. and the respondent Ningbo Bosheng Valve Fittings Co., Ltd. and the second-instance appellant Ningbo Ou Lin Kitchenware Co., Ltd. [(2017) Supreme People’s Court No.1671], the Supreme People’s Court pointed out that the "statement" issued by one party about its production and providing the accused infringing products to other parties belongs to the statement of the parties. If the patentee does not recognize the statement and lacks other objective evidence, it should be proved.

　　(2) The procedures and evidence of administrative proceedings for intellectual property rights

　　37. Qualifications of the claimant who files a request for invalidation on the grounds that the patent right for design conflicts with the legal right previously obtained by others.

　　In the administrative dispute between the retrial applicant Staples Company and the respondent Luo Shikai, and the defendant of the first instance, the Patent Reexamination Board of the State Intellectual Property Office (hereinafter referred to as "Shredder") [(2017) Supreme Law Firm Shen No.8622], the Supreme People’s Court pointed out that the reasons for patent invalidation can be divided into two types: absolute invalid reasons and relative invalid reasons, and there are significant differences between them in the nature of the regulated object and the legislative purpose. The invalid reason for the conflict between the patent right of design and the prior legal right of others belongs to the relative invalid reason. When the provisions of Article 45 of the Patent Law on the subject scope of the claimant are applicable to the invalid reasons of the right conflict, based on the essential attributes of the relative invalid reasons, the legislative purpose and the legal order effect, the subject qualification of the claimant for invalidation should be restricted, and in principle, only the obligee of the prior legal right and its interested parties can claim it.

　　38. The principle of constancy of parties can be applied to the administrative procedure of patent invalidation.

　　In the aforementioned administrative dispute case of invalid patent right for design of "shredder", the Supreme People’s Court pointed out that in the administrative proceedings, after the people’s court accepted the relevant litigation, in order to ensure the stability of the litigation procedure and avoid the occurrence of litigation uncertainty, the subject qualification of the parties concerned was not lost due to the subsequent changes in the legal relationship of the subject matter of the litigation. The administrative procedure of patent invalidation belongs to quasi-judicial procedure, and the principle of constant parties also has reference significance for this procedure. For the claimant who meets the qualification conditions at the start of the administrative procedure for invalidation, even if the legal relationship about the subject matter of litigation changes later, it will not naturally lose the subject qualification.

　　39. Acceptable conditions for applying for retrial of new judgments caused by bringing administrative proceedings against administrative rulings that have been bound by earlier effective judgments.

　　In the administrative dispute over trademark revocation review of Zhejiang Xiangwang Technology Co., Ltd. [(2017) Supreme Law Firm Shen No.5093], the retrial applicant Suntory Holdings Co., Ltd. and the respondent Trademark Review and Adjudication Board of the State Administration for Industry and Commerce, and the third party in the original trial, If the parties file an administrative lawsuit against the administrative ruling made by the Trademark Review and Adjudication Board based on the effective judgment of the court again, and the people’s court makes a judgment to maintain the administrative ruling based on the determination of the original effective judgment, whether the parties can apply for a retrial against the new judgment should be considered in combination with the legal nature of the sued administrative ruling, the content of the new judgment and the prevention of circular litigation as much as possible. If the accused administrative ruling is completely bound by the earlier effective judgment, the new judgment is made according to the facts and reasons determined by the earlier effective judgment, and the accused administrative ruling has not been tried in substance. In order to avoid circular litigation, the application for retrial should not be allowed for the new judgment.

　　40. The people’s court may make an ex officio determination on the important facts missed by the administrative department.

　　In the administrative dispute case [(2017) Supreme Law Firm No.10] between the retrial applicant Plana Life Art Co., Ltd. and the respondent Trademark Review and Adjudication Board of the State Administration for Industry and Commerce, the Supreme People’s Court pointed out that the applicant claimed priority when applying for trademark registration, and the administrative department missed the trial on whether the applied trademark enjoyed priority, which led to the wrong decision, and the people’s court should make a judgment according to law on the basis of finding out the relevant facts.

　　41. The people’s court may partially revoke the patent invalidation decision.

　　In the aforementioned administrative dispute over the invalidation of the invention patent right of "electronic goods monitoring marker", the Supreme People’s Court pointed out that if the relevant determination of the invalidation decision of the accused patent can be handled separately, the people’s court may partially revoke the part of the invalidation decision that was wrongly determined.

　　42. It is not always necessary to provide a separate Chinese translation for foreign evidence in the invalidation procedure.

　　In the administrative dispute between ZTE Corporation, the retrial applicant, and the Patent Reexamination Board of the State Intellectual Property Office of the respondent and a digital technology company in the United States [(2017) Supreme Law Firm Shen No.4798], the Supreme People’s Court pointed out that in the patent invalidation procedure, it is not always necessary to provide a separate Chinese translation for foreign language certification documents, and the the State Council patent administration department can decide whether it is necessary to require the parties to submit a Chinese translation according to the specific circumstances. The necessity of submitting Chinese translation usually needs to consider such factors as facilitating the Patent Reexamination Board and the opposing party to understand the contents of evidence, ensuring administrative efficiency, and ensuring and facilitating the parties to exercise their right to express their opinions. Under special circumstances, it is not necessary to provide a Chinese translation separately.