Provisional measures for construction project management 2004-12
高质量发展视域下“双高”院校绩效评价指标体系构建研究
第5期2023年10月No.5Oct.2023上海教育评估研究Shanghai Journal of Educational Evaluation*基金项目：2021年温州职业技术学院高职教育专项研究课题“‘双高’院校办学绩效指标体系构建与评估研究”（WZYGJzd202102）；2022年度温州市哲学社会科学规划重点课题“高质量发展视域下高职院校办学绩效评估与提升路径研究——以温台地区为例”（22wsk585）。
收稿日期：2023-05-13，修回日期：2023-06-05高质量发展视域下“双高”院校绩效评价指标体系构建研究*卢跃茹（温州职业技术学院数字经贸学院，浙江温州325000）摘要：为了从规模扩张转向内涵建设，“双高计划”院校纷纷实施绩效评价管理，构建绩效评价指标体系是必然需求。
基于绩效评价体系构建的基本原则和方法，参考《绩效管理暂行办法》提供的政策性绩效指标框架，构建了包含产出指标、效益指标、满意度指标以及管理与执行指标在内的绩效评价指标体系。
同时，提出应健全上下贯通的绩效评价管理机制、科学设置各级绩效评价指标权重、持续监测和利用院校绩效评价结果以及进一步完善院校预算绩效管理机制的配套建议。
关键词：职业教育；双高计划；绩效评价中图分类号：G71，G40-058.1文献标识码：A 文章编号：2095-3380（2023）05-0038-06Research on Performance Evaluation Index System Construction of “Double High ”Colleges from the Perspective of High-quality DevelopmentLU Yueru（School of Digital Economy &Trade ，Wenzhou Polytechnic ，Wenzhou ，Zhejiang 325000）Abstract ：The “double high ”institution is transforming from scale expansion to internal development.Implementing performance evaluation management and building a performance evaluation index system is an inevitable requirement.Based on basic principles and methods of constructing a performance evaluation system and referring to the performance index framework provided by the Provisional Measures for Performance Management ，this study constructs a performance evaluation index system that includes output indexes ，efficiency indexes ，satisfaction indexes ，as well as management and execution indexes.In addition ，suggestions are made such as establishing a performance evaluation management mechanism to connect the upper and lower levels ，scientifically setting the weight of performance evaluation indexes at all levels ，continuously monitoring and utilizing the results of performance evaluation ，and further improving the supporting mechanisms for budget performance management.Keywords ：Vocational education;Double high plan;Performance evaluation2023年10月在历经国家示范校、骨干校、优质校的建设后，“双高计划”的实施标志着高职院校从单纯规模扩张阶段进入内涵质量发展新阶段。
教育50年大事记（1960年至1...
教育50年大事记(1960年至1969年)（Chronicle of events in 50 years of Education (1960 to 1969)）Chronicle of events in 50 years of Education (1960 to 1969)1960In March and May, the CPC Central Committee's cultural and educational group held the meeting of secretary of culture and education of provincial and municipal Party committee. The meeting put forward specific policy guidelines and principles of teaching reform and education departments of big production enterprises, academic criticism, students participate in productive labor and other issues.In March 8th, Beijing TV University opened. This is the first TV School in china.In April 9th, Lu Dingyi made the "teaching reform" must speak at the two session of the two National People's Congress, proposed teaching reform in primary and secondary schools should adapt to shorten the period, increasing degree, proper control period, increasing labor". Since then, large scale school system reform experiments have been carried out all over the country.In April 10th, the two session of the two National People's Congress adopted the "1956-1967 year national agricultural development program", proposed to vigorously promote the mass school running, collective school running, in twelve years to basically eliminate illiteracy among young adults.In June 1st, -11, the national education and culture, health, sports, news and other aspects of socialist construction advanced units and individuals, educators accounted for 65.4%.November 24th -12 12, the CPC Central Committee cultural and educational group held a national cultural and educational work conference. After the meeting, he wrote to the Central Committee of the Communist Party of China a report on the arrangement of cultural and educational work in 1961 and a period of time. The following year in February 7th, the CPC Central Committee approved the report, put forward the current educational work instructions, must implement the "adjustment, consolidate, enrich and improve the policy. Therefore, the educational system began to adjust and rectify the educational cause and educational policy.1961In February, the Secretariat of the Central Committee of the Communist Party of China discussed the teaching materials of institutions of higher learning and secondary vocational schools. Decided by the Central Propaganda Department, the Ministry of education to set up colleges and specialized secondary schools of science and medicine teaching subjects work leading group, responsible for organizing the work of compiling teaching materials.In July and December, the Ministry of Education held the two National Conference on the adjustment of high and middle schools. The meeting pointed out that high schools and middleschools should shorten the front, compress the scale and reasonably arrange the work, and improve the teaching quality by adjusting the work concentration force. And discuss specific plans to adjust education.In July 30th, Mao Zedong wrote a letter to the Communist University of labor in Jiangxi, in favor and support of the school's work study and work study program, hope that the provinces should also have such schools. Since then, the Communist Labor University in Jiangxi has become one of the models to explore the road to work and study in the country.In September 15th, the Central Committee of the CPC approved the trial of the Provisional Regulations on the work of institutions of higher learning directly under the Ministry of Education (draft). In March 23, 1963, the Central Committee of the Communist Party of China approved the Tentative Regulations on the Provisional Regulations on the whole system of middle schools (Draft) and the Provisional Regulations for the temporary work of primary schools (draft). Three of the "Regulations" in the investigation and Study on the summary of the experiences and lessons of the founding of the two aspects of education and since 1958 the "education revolution", for the national education work gradually on track, stable speech teaching order, improve the teaching work, improve the quality of education, mobilize the enthusiasm of the intellectuals, the development of national education. Played a positive role.1962In March 2nd, Zhou Enlai in the national science and TechnologyConference (Guangzhou Conference) on "on the issue of intellectuals" report, pointed out that the intellectuals should take unity, education and reform policy, to trust, to help and improve relations, solve the problem of the past, criticism is wrong to apologize to others. Chen Yi also spoke at the meeting, to the intellectuals "crowned hat".In the middle of April 21st -5, the Ministry of Education held a national education conference to discuss the adjustment of education and the simplification of school staff and workers. In May 25th, the Education Department of the CPC Central Committee Party "on the further adjustment of the wholesale education and streamline the school faculty report", pointed out that in China the development of education, must implement the national education and the people running two legs road policy, resolutely change the state of education package too much way.In December 21st, the Ministry of Education issued a notice urged all localities to focus first on, in the provinces, municipalities and autonomous regions of the scope of running a full-time middle school, in each county (city) and municipal area to run a few primary school, to improve the quality of education.1963In March 5th, Mao Zedong and Liu Shaoji, Zhou Enlai, Zhu De and Deng Xiaoping wrote an inscription calling for learning from Lei Feng. All kinds of schools at all levels of the country carried out the activities of learning Lei Feng.In May 8th, Mao Zedong instructions in the two report, the Northeast in Hebei by means of history, family history, social history about the education of the masses, factory history. Since then, the national schools at all levels to carry out a wide range of old, please visit the poor and the suffering, the old poor peasant workers, the old Red Army do Yikusitian report, by way of social investigation, class struggle education to students. Some urban middle schools have also been designated as children's classes of poor and lower middle peasants to enroll a small number of excellent rural children.In October 18th, Zhou Enlai summoned the Ministry of education and relevant ministries and commissions. The Central Committee of the league and the National Federation of women's federations discuss the problems of primary and secondary education and vocational education. It is pointed out that the quantity of primary and secondary education and vocational education is large, and the relationship is also great, and must not be ignored. The Ministry of education can not work "big and small", "small", "big" and "small"". We should have a plan to strengthen primary and secondary education and expand vocational education.In October 18th, the CPC Central Committee issued "on the strengthening of children out of school education and rectification of primary and secondary school teachers team instructions", requires all the leading organs of the party and government to take measures to strengthen the protection and education of children; combined with the socialist education movement in urban and rural areas, there are steps to rectifythe primary and middle school teachers team.1964In February 13th, Mao Zedong held a symposium on Education: "the policy line of education is correct, but the way is wrong.". School system, curriculum, teaching methods should be changed. After that, the Ministry of Education held a National Education Office of the Secretary for the meeting, Mao Zedong's speech and learning to convey the central instructions, check the shortcomings and errors in the education work, put forward to strengthen ideological and political work, reduce the burden of students, further through the "walking on two legs" approach, gradually carry out two kinds of education system.In May 4th, the CPC Central Committee, the State Council approved the Ministry of education of the provisional party "on the primary and secondary school students to overcome the burden of phenomenon and improve the teaching quality of the report", the central instructions: to solve these problems, not only improve the quality of teaching must, but also to do what kind of school, major issues to develop what kind of person, must cause pay enough attention to the party committees and governments at all levels.July -8 months, Liu Shaoji to the central ministries and the Beijing municipal Party committee cadres report and in the inspections, the provinces, municipalities and autonomous regions that pilot work (Agriculture) study school. And at least five years later, we can sum up the experience, expand the experiment, and popularize it after ten years.In September 11th, the Central Committee of the Communist Party of China and the State Council issued a notice to organize the teachers and students of liberal arts to participate in the socialist education movement. In February 1965, it also instructed the teachers and students of science and engineering to participate in the socialist education movement. Since then, the Central Propaganda Department has carried out the socialist education movement in several schools in Beijing, Peking University and the CPC Beijing municipal committee.1965In March, the Ministry of Education held a national conference on agricultural and rural semi reading education. In October, the National Conference on urban work and study education was held. In December, the National Conference on agriculture, agriculture and education was held. Thus, the trial once again set off two kinds of education system, and big work study school boom. Earlier, in November 17th the CPC Central Committee forwarded the Jiangsu provincial Party committee "on the development of the work (tillage) semi reading education system planning (Draft)", the central instructions: work (tillage) study school education development direction of our future.In July 3rd, Mao Zedong wrote to Lu Dingyi, pointing out: "heavy burden on students, affect health."." It is suggested that 1/3 should be cut from the total amount of students' activities so that students can have enough rest time and free time.This letter is referred to as "73 instructions"".1966In May 7th, Mao Zedong proposed in a letter to Lin Biao, people from all walks of life to do China Yi Nong, also paper also force the criticism of the bourgeoisie, and social organization. Students should also "to learn, and other". The school system should be shortened and the education should be revolutionary. The phenomenon that the bourgeois intellectuals rule our school can not be continued any longer". This letter is referred to as "57 instructions"". In the "Cultural Revolution"". You have a serious negative impact.June 1st, approved by the Mao Zedong, a poster of Xinhua News Agency broadcast Peking University Nie Yuanzi 7 people attack the school Party committee and Beijing Municipal Committee of the. On the same day, the "people's Daily" published an article entitled "editorial" swept all the monsters and freaks of all descriptions. From then on, the "Cultural Revolution" swept across the country.In August 8th, the Party adopted the decision on the Proletarian Cultural Revolution in the first Plenary Session of the 8th CPC Central Committee (referred to as the sixteen article). It was decided that in this great cultural revolution, we must completely change the phenomenon that bourgeois intellectuals rule our school. This formulation has been carried out in schools for "schools, schools, schools, and schools" in the "Cultural Revolution".In August 18th, Mao Zedong first met with red guards and schoolteachers in Beijing all over the country for the first time in Tiananmen. By November 26th, a total of 8 red guards and students and teachers were interviewed 11 million times. At this time, the national school has been completely suspended, the majority of school teachers and students involved in the big series, resulting in social unrest.1967In January 9th, the central Ministry of education is to seize power, the seal was robbed, files were stolen, occupied the office.In March 7th, Mao Zedong instructions "Tianjin Yanan secondary school with class based joint school and consolidate the understanding of" the development of the red guards to consolidate the material: the military response to the school teachers and students of military training, and participate in the work of the school. To persuade students to unite. This is "37 instructions"".Thus, some colleges and universities put forward various "education revolution" of the "education revolution test" a multitude of names, negate the rules of teaching organization, colleges and universities since the founding of new China and the formation of the system.In December, the Central Committee of the Communist Party of China, the State Council, the Central Military Commission and the Central Cultural Revolution Group issued the book "Chairman Mao on education revolution".1968In July 10th, Zhou Enlai in the Department of the Beijing Municipal Public Security Bureau will report on the death of people's University professor He Sijing's instructions, harsh criticism that left the founding and organ of dictatorship by the masses, to "private fishing private hearing, beating to death, not the so-called" dictatorship organs of the dictatorship of the masses "approach" is best".In July 21st, Mao Zedong pointed out in a survey report that the university still had to do it. But the educational system should be shortened and the education should be revolutionary. It is necessary to select students from the workers and peasants with practical experience and go back to production after several years of studying in the school. Referred to as "721 instructions"".In July 27th, according to Mao Zedong's decision, the workers' propaganda team was stationed in Tsinghua University. In August 25th, the Central Committee of the Communist Party of China, the State Council and the Central Cultural Revolution issued a notice on sending workers propaganda teams into schools. Since then, the major cities, middle schools, primary schools and all areas of the superstructure have generally been sent to the workers' propaganda team, leading the schools to fight, approve and change the work.In September 12th, the people's Daily published an article in the journal and the red flag magazine: "re education onintellectuals".In August, according to Mao Zedong's instructions, the poor and middle peasants from all over the country began to enter the Rural Ideological and political propaganda team to the rural primary and secondary schools from this month, and set up the Management Committee of the poor and lower middle school of Mao Zedong, and managed the school.In November 14th, people's Daily published a letter from two primary school teachers in Jixiang commune, Jixiang County, Shandong. The letter suggested that all rural public primary schools should be sent to the brigade. "Hou Wang" is recommended for short". Under the influence of it,Rural primary schools and teachers have been devolved in many areas, which has seriously affected the development of rural primary education.In December 22nd, people's Daily quoted Mao Zedong's instructions in a report: "it is necessary for educated youth to go to the countryside and accept the re education of the poor and lower middle peasants."." Since then, there has been an upsurge of young intellectuals coming up to the countryside in cities and towns throughout the country. During the period of the cultural revolution, there were about 16000000 young intellectuals coming up and down the country.1969In January 29th, the CPC Central Committee and the CentralCultural Revolution, the people's Liberation Army Tsinghua University approved workers propaganda team "on resolutely implement the knowledge of" re education "," give way "policy report". The report became one of the experiences that the CPC Central Committee promoted to the whole country.In April 14th, the political report adopted by the Ninth National Congress of the Communist Party of China pointed out: "the superstructure, including education, literature, journalism, health, and other fields of revolution in the end."."In October -12 months, a large number of institutions of higher learning and secondary specialized technical schools issued the notice on decentralization of higher education according to the Central Committee of the Communist Party of China, which stipulated that all the universities affiliated to the central government were devolved to local management.。
关于印发《外国企业常驻代表机构税收管理暂行
关于印发《外国企业常驻代表机构税收管理暂行办法》(―《办法》‖) 的通知(国税发[2010]18号)为规范对外国企业常驻代表机构的税收管理，税务总局制定本办法，并废止了以前相关的税收规定。
本办法自2010年1月1日起开始实行。
新规定：《办法》所称―外国企业常驻代表机构‖，包括在工商行政管理部门登记或经有关部门批准，设立在中国境内的外国企业（包括港澳台企业）及其他组织的常驻代表机构。
I. 税务登记/变更/注销与其他企业实体一样，《办法》规定代表机构应当在领取工商登记证或部门批准文件之日起30天内，持相关材料到所在地主管税务机关进行税务登记。
当规定事由发生时，代表机构应向主管税务机关申报办理变更或者注销登记。
注销登记前，应就其清算所得向主管税务机关申报缴纳企业所得税。
II. 纳税申报不同于老办法中代表机构按照所属行业，经营范围确定征收办法的规定，新《办法》规定代表机构应当应按照实际履行的功能和承担的风险相配比的原则依法申报缴纳企业所得税，就其应税收入依法申报缴纳营业税和增值税。
并强调代表机构应按规定设置账薄，根据合法、有效凭证记账，进行核算。
账簿不健全，不能准确核算收入或成本费用，不能据实申报代表机构规定了相应得征收办法。
✓据实申报（适用于一般代表机构）✓核定征收a. 按经费支出换算收入（适用于能够准确反映经费支支出但不能准确反映收入或成本费用的代表机构）收入额=本期经费支出额/（1-核定利润率-营业税税率）应纳企业所得税额=收入额*核定利润率*企业所得税税率办法对经费支出的范围做了明确说明。
例如，代表机构购置固定资产的支出，以及设立或搬迁时发生的装修费支出，应在发生时一次性作为经费支出额计算收入。
b. 按收入总额核定应纳税所得额（适用于可以准确反映收入但不能准确反映成本费用的代表机构）应纳企业所得税额=收入总额×核定利润率×企业所得税税率c. 核定利润率>=15%. （此前一般为10%）纳税期限：营业税和企业所得税--季度申报；增值税—按增值税税法规定。
反洗钱金融行动特别工作组40条建议2003
反洗钱金融行动特别工作组《40条建议》(2003)The Forty Recommendations (2003)背景：反洗钱金融行动特别工作组（Financial Action Task Forces on Money Laundering）简称FA TF于1989年成立，是一个独立的专门进行国际反洗钱的政府间组织。
现有31个国家和地区成员和两个国际组织（欧洲委员会和海湾合作委员会）成员。
其宗旨是制定和推动反洗钱政策。
该工作组希望借助推行反洗钱政策，防止利用犯罪收益进一步犯罪，以及避免洗钱活动影响合法经济活动。
为了打击个人滥用金融系统进行毒品洗钱，FA TF在1990年拟定了《40条建议》。
该建议为反洗钱工作奠定了基本框架，是为全球而设计的。
内容涉及刑事司法制度和法律执行，金融制度及其规章，以及国际合作事宜。
为了适应新形势下洗钱手段的发展，1996年FA TF 对该建议进行了首次修订。
2003年6月，FATF在对洗钱方法和技术的年度评估基础上，对《40条建议》做了进一步修订。
此次修订结合《打击恐怖融资8条特别建议》，对原有的《40条建议》进行了重大修订，建立了一个更加广泛，统一和有力的反洗钱和反恐融资的国际框架。
下面将要介绍的就是2003年修订以后与反洗钱直接相关的6条建议。
IntroductionLegal SystemsScope of the criminal offence of money laundering (R.1-2)Provisional measures and confiscation (R.3)Measures to Be Taken By Financial Institutions and Non-Financial Businesses and Professions to Prevent Money Laundering and Terrorist FinancingCustomer due diligence[1]and record-keeping (R.4)Reporting of suspicious transactions and compliance[2](R.5-12)Other measures to deter money laundering and terrorist financing (R.13-16)Measures to be taken with respect to countries that do not or insufficiently comply with the FA TF Recommendations (R.17-20)Regulation and supervision (R.23-25)Institutional and Other Measures Necessary in Systems for Combating Money Laundering and Terrorist FinancingCompetent authorities, their powers and resources (R.26-32)Transparency of legal persons and arrangements[3] (R.33-34)International Co-operation (R.35)Mutual legal assistance and extradition[4] (R.36-39)Other forms of co-operation (R.40)IntroductionMoney laundering methods and techniques change in response to developing counter-measures. In recent years, the Financial Action Task Force (FA TF) has noted increasingly sophisticated combinations of techniques, such as the increased use of legal persons to disguise the true ownership and control of illegal proceeds, and an increased use of professionals to provide advice and assistance in laundering criminal funds. These factors, combined with the experience gained through the FA TF’s Non-Cooperative Countries and Territories process, and a number of national and international initiatives, led the FA TF to review and revise the Forty Recommendations into a new comprehensive framework for combating money laundering and terrorist financing. The FA TF now calls upon all countries to take the necessary steps to bring their national systems for combating money laundering and terrorist financing into compliance with the new FA TF Recommendations, and to effectively implement these measures.The review process for revising the Forty Recommendations was an extensive one, open to FA TF members, non-members, observers, financial and other affected sectors and interested parties[5]. This consultation process provided a wide range of input, all of which was considered in the review process.The revised Forty Recommendations now apply not only to money laundering but also to terrorist financing, and when combined with the Eight Special Recommendations on Terrorist Financing[6] provide an enhanced, comprehensive and consistent framework of measures for combating money laundering and terrorist financing. The FATF recognizes that countries have diverse[7] legal and financial systems and so all cannot take identical measures to achieve the common objective,especially over matters of detail. The Recommendations therefore set minimum standards for action[8] for countries to implement the detail according to their particular circumstances and constitutional frameworks[9]. The Recommendations cover all the measures that national systems should have in place within their criminal justice and regulatory systems[10]; the preventive measures to be taken by financial institutions and certain other businesses and professions; and international co-operation.The original FA TF Forty Recommendations were drawn up in 1990 as an initiative to combat the misuse of financial systems by persons laundering drug money. In 1996 the Recommendations were revised for the first time to reflect evolving money laundering typologies[11]. The 1996 Forty Recommendations have been endorsed by more than 130 countries and are the international anti-money laundering standard.In October 2001 the FA TF expanded its mandate to deal with the issue of the financing of terrorism, and took the important step of creating the Eight Special Recommendations on Terrorist Financing. These Recommendations contain a set of measures aimed at combating the funding of terrorist acts and terrorist organizations, and are complementary[12] to the Forty Recommendations.A key element in the fight against money laundering and the financing of terrorism is the need for countries systems to be monitored and evaluated, with respect to these international standards. The mutual evaluations conducted by the FA TF and FATF-style regional bodies, as well as the assessments conducted by the IMF and World Bank, are a vital mechanism for ensuring that the FA TF Recommendations are effectively implemented by all countries.LEGAL SYSTEMSScope of the criminal offence of money laundering[13]Recommendation 1Countries should criminalize money laundering on the basis of United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances[14], 1988 (the Vienna Convention[15]) and United Nations Convention against Transnational Organized Crime, 2000 (the Palermo Convention)[16].Countries should apply the crime of money laundering to all serious offences, with a view toincluding the widest range of predicate offences. Predicate offences may be described by reference to all offences, or to a threshold linked either to a category of serious offences or to the penalty of imprisonment applicable to the predicate offence (threshold approach), or to a list of predicate offences, or a combination of these approaches.Where countries apply a threshold approach, predicate offences should at a minimum comprise all offences that fall within the category of serious offences under their national law or should include offences which are punishable by a maximum penalty of more than one year’s imprisonment or for those countries that have a minimum threshold for offences in their legal system, predicate offences should comprise all offences, which are punished by a minimum penalty of more than six months imprisonment.Whichever approach is adopted, each country should at a minimum include a range of offences within each of the designated categories of offences[17].Predicate offences for money laundering should extend to conduct that occurred in another country, which constitutes an offence in that country, and which would have constituted a predicate offence had it occurred domestically. Countries may provide that the only prerequisite is that the conduct would have constituted a predicate offence had it occurred domestically.Countries may provide that the offence of money laundering does not apply to persons who committed the predicate offence, where this is required by fundamental principles of their domestic law.Recommendation 2Countries should ensure that:a) The intent and knowledge[18] required to prove the offence of money laundering is consistent with the standards set forth in the Vienna and Palermo Conventions, including the concept that such mental state may be inferred from objective factual circumstances.b) Criminal liability, and, where that is not possible, civil or administrative liability, should apply to legal persons. This should not preclude[19] parallel criminal, civil or administrative proceedings with respect to legal persons in countries in which such forms of liability are available. Legal persons should be subject to effective, proportionate[20] and dissuasive[21] sanctions. Such measures should be without prejudice to the criminal liability of individuals.Provisional measures and confiscationRecommendation 3Countries should adopt measures similar to those set forth in the Vienna and Palermo Conventions, including legislative measures, to enable their competent authorities to confiscate property laundered, proceeds from money laundering or predicate offences, instrumentalities used in or intended for use in the commission of these offences, or property of corresponding value, without prejudicing the rights of bona fide third parties.Such measures should include the authority to: (a) identify, trace and evaluate property which is subject to confiscation; (b) carry out provisional measures, such as freezing and seizing, to prevent any dealing, transfer or disposal of such property; (c) take steps that will prevent or void actions that prejudice the State’s ability to recover property that is subject to confiscation; and (d) take any appropriate investigative measures.Countries may consider adopting measures that allow such proceeds or instrumentalities to be confiscated without requiring a criminal conviction, or which require an offender to demonstrate the lawful origin of the property alleged to be liable to confiscation, to the extent that such a requirement is consistent with the principles of their domestic law.MEASURES TO BE TAKEN BY FINANCIAL INSTITUTIONS AND NON-FINANCIAL BUSINESSES AND PROFESSIONS TO PREVENT MONEY LAUNDERING AND TERRORIST FINANCINGRecommendation 4Countries should ensure that financial institution secrecy laws[22] do not inhibit[23] implementation of the FA TF Recommendations.Customer due diligence and record-keepingRecommendation 5Financial institutions should not keep anonymous accounts or accounts in obviously fictitious names.Financial institutions[24] should undertake customer due diligence measures, including identifying and verifying the identity of their customers, when:●establishing business relations;●carrying out occasional transactions: (i) above the applicable designated threshold[25]; or (ii) that are wire transfers in the circumstances covered by the Interpretative Note[26] to Special Recommendation VII;●there is a suspicion of money laundering or terrorist financing; or●the financial institution has doubts about the veracity[27] or adequacy of previously obtained customer identification data.The customer due diligence (CDD) measures to be taken are as follows:a) Identifying the customer and verifying that customer’s identity using reliable, independent source documents, data or information.b) Identifying the beneficial owner, and taking reasonable measures to verify the identity of the beneficial owner such that the financial institution is satisfied that it knows who the beneficial owner is. For legal persons and arrangements this should include financial institutions taking reasonable measures to understand the ownership and control structure of the customer.c) Obtaining information on the purpose and intended nature of the business relationship.d) Conducting ongoing due diligence on the business relationship and scrutiny of transactions undertaken throughout the course of that relationship to ensure that the transactions being conducted are consistent with the institution’s knowledge of the customer, their business and risk profile[28], including, where necessary, the source of funds.Financial institutions should apply each of the CDD measures under (a) to (d) above, but may determine the extent of such measures on a risk sensitive basis depending on the type of customer, business relationship or transaction. The measures that are taken should be consistent with any guidelines[29] issued by competent authorities. For higher risk categories, financial institutions should perform enhanced due diligence. In certain circumstances, where there are low risks, countries may decide that financial institutions can apply reduced or simplified measures.Financial institutions should verify the identity of the customer and beneficial owner before or during the course of establishing a business relationship or conducting transactions for occasional customers[30]. Countries may permit financial institutions to complete the verification as soon as reasonably practicable following the establishment of the relationship, where the money laundering risks are effectively managed and where this is essential not to interrupt the normal conduct of business.Where the financial institution is unable to comply with paragraphs (a) to (c) above, it should not open the account, commence business relations or perform the transaction; or should terminate the business relationship; and should consider making a suspicious transactions report in relation to the customer.These requirements should apply to all new customers, though financial institutions should also apply this Recommendation to existing customers on the basis of materiality [31]and risk, and should conduct due diligence on such existing relationships at appropriate times.(See Interpretative Notes: Recommendation 5 and Recommendations 5, 12 and 16) Recommendation 6Financial institutions should, in relation to politically exposed persons[32], in addition to performing normal due diligence measures:a) Have appropriate risk management systems to determine whether the customer is a politically exposed person.b) Obtain senior management approval for establishing business relationships with such customers.c) Take reasonable measures to establish the source of wealth and source of funds.Conduct enhanced ongoing monitoring of the business relationship.Recommendation 7Financial institutions should, in relation to cross-border correspondent banking[33] and other similar relationships, in addition to performing normal due diligence measures:a) Gather sufficient information about a respondent institution[34] to understand fully the nature of the respondent’s business and to determine from publicly available information the reputation of the institution and the quality of supervision, including whether it has been subject to a money laundering or terrorist financing investigation or regulatory action.b) Assess the respondent institution’s anti-money laundering and terrorist financing controls.c) Obtain approval from senior management before establishing new correspondent relationships.d) Document the respective responsibilities of each institution[35].e) With respect to “payable-through accounts[36]”, be satisfied that the respondent bank has verified the identity of and performed on-going due diligence on the customers having direct access to accounts of the correspondent and that it is able to provide relevant customer identification data upon request to the correspondent bank.Recommendation 8Financial institutions should pay special attention to any money laundering threats that may arise from new or developing technologies that might favour anonymity[37], and take measures, if needed, to prevent their use in money laundering schemes. In particular, financial institutions should have policies and procedures in place to address any specific risks associated with non-face to face business relationships or transactions.Recommendation 9Countries may permit financial institutions to rely on intermediaries or other third parties to perform elements (a) (c) of the CDD process or to introduce business, provided that the criteria set out below are met. Where such reliance is permitted, the ultimate responsibility for customer identification and verification remains with the financial institution relying on the third party.The criteria that should be met are as follows:a) A financial institution relying upon a third party should immediately obtain the necessary information concerning elements (a) (c) of the CDD process. Financial institutions should take adequate steps to satisfy themselves that copies of identification data and other relevant documentation relating to the CDD requirements will be made available from the third party uponrequest without delay.b) The financial institution should satisfy itself that the third party is regulated and supervised for, and has measures in place to comply with CDD requirements in line with Recommendations 5 and 10.It is left to each country to determine in which countries the third party that meets the conditions can be based, having regard to information available on countries that do not or do not adequately apply the FATF Recommendations.[38]Recommendation 10Financial institutions should maintain, for at least five years, all necessary records on transactions, both domestic or international, to enable them to comply swiftly with information requests from the competent authorities. Such records must be sufficient to permit reconstruction of individual transactions (including the amounts and types of currency involved if any) so as to provide, if necessary, evidence for prosecution of criminal activity.Financial institutions should keep records on the identification data obtained through the customer due diligence process (e.g. copies or records of official identification documents like passports, identity cards, driving licenses or similar documents), account files and business correspondence[39] for at least five years after the business relationship is ended.The identification data and transaction records should be available to domestic competent authorities upon appropriate authority.Recommendation 11Financial institutions should pay special attention to all complex, unusual large transactions[40], and all unusual patterns of transactions, which have no apparent economic or visible lawful purpose. The background and purpose of such transactions should, as far as possible, be examined, the findings established in writing, and be available to help competent authorities and auditors.Recommendation 12The customer due diligence and record-keeping requirements set out in Recommendations 5, 6,and 8 to 11 apply to designated non-financial businesses and professions[41] in the following situations:a) Casinos when customers engage in financial transactions equal to or above the applicable designated threshold.b) Real estate agents - when they are involved in transactions for their client concerning the buying and selling of real estate.c) Dealers in precious metals and dealers in precious stones - when they engage in any cash transaction with a customer equal to or above the applicable designated threshold.d) Lawyers, notaries, other independent legal professionals and accountants when they prepare for or carry out transactions for their client concerning the following activities:• buying and selling of real estate;• managing of client money, securities or other assets;• management of bank, savings or securities accounts;•organisation of contributions for the creation, operation or management of companies;•creation, operation or management of legal persons or arrangements, and buying and selling of business entities.e) Trust and company service providers[42] when they prepare for or carry out transactions for a client concerning the activities listed in the definition in the Glossary.Reporting of suspicious transactions and complianceRecommendation 13If a financial institution suspects or has reasonable grounds to suspect that funds are the proceeds of a criminal activity, or are related to terrorist financing, it should be required, directly by law or regulation, to report promptly its suspicions to the financial intelligence unit (FIU).[43]Recommendation 14Financial institutions, their directors, officers and employees should be:a) Protected by legal provisions from criminal and civil liability for breach of any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, if they report their suspicions in good faith to the FIU, even if they did not know precisely what the underlying criminal activity was, and regardless of whether illegal activity actually occurred.b) Prohibited by law from disclosing the fact that a suspicious transaction report (STR) or related information is being reported to the FIU.Recommendation 15Financial institutions should develop programmes against money laundering and terrorist financing. These programmes should include:a) The development of internal policies, procedures and controls, including appropriate compliance management arrangements, and adequate screening procedures to ensure high standards when hiring employees.b) An ongoing employee training programme.c) An audit function to test the system.[44]Recommendation 16The requirements set out in Recommendations 13 to 15, and 21 apply to all designated non-financial businesses and professions, subject to the following qualifications:a) Lawyers, notaries, other independent legal professionals and accountants should be required to report suspicious transactions when, on behalf of or for a client, they engage in a financial transaction in relation to the activities described in Recommendation 12(d). Countries are strongly encouraged to extend the reporting requirement to the rest of the professional activities of accountants, including auditing.b) Dealers in precious metals and dealers in precious stones should be required to report suspicious transactions when they engage in any cash transaction with a customer equal to or above the applicable designated threshold.c) Trust and company service providers should be required to report suspicious transactions for a client when, on behalf of or for a client, they engage in a transaction in relation to the activities referred to Recommendation 12(e).Lawyers, notaries, other independent legal professionals, and accountants acting as independent legal professionals, are not required to report their suspicions if the relevant information was obtained in circumstances where they are subject to professional secrecy or legal professional privilege.[45]Other measures to deter money laundering and terrorist financingRecommendation 17Countries should ensure that effective, proportionate and dissuasive sanctions, whether criminal, civil or administrative, are available to deal with natural or legal persons covered by these Recommendations that fail to comply with anti-money laundering or terrorist financing requirements.Recommendation 18Countries should not approve the establishment or accept the continued operation of shell banks[46]. Financial institutions should refuse to enter into, or continue, a correspondent banking relationship with shell banks. Financial institutions should also guard against establishing relations with respondent foreign financial institutions that permit their accounts to be used by shell banks.Recommendation 19Countries should consider: [47]a) Implementing feasible measures to detect or monitor the physical cross-border transportation of currency and bearer negotiable instruments, subject to strict safeguards to ensure proper use of information and without impeding in any way the freedom of capital movements.b) The feasibility and utility of a system where banks and other financial institutions and intermediaries would report all domestic and international currency transactions above a fixed amount, to a national central agency with a computerized data base[48], available to competent authorities for use in money laundering or terrorist financing cases, subject to strict safeguards to ensure proper use of the information.Recommendation 20Countries should consider applying the FATF Recommendations to businesses and professions, other than designated non-financial businesses and professions, that pose a money laundering or terrorist financing risk.Countries should further encourage the development of modern and secure techniques of money management that are less vulnerable to money laundering.Measures to be taken with respect to countries that do not or insufficiently comply with the FATF RecommendationsRecommendation 21Financial institutions should give special attention to business relationships and transactions with persons, including companies and financial institutions, from countries which do not or insufficiently apply the FA TF Recommendations. Whenever these transactions have no apparent economic or visible lawful purpose, their background and purpose should, as far as possible, be examined, the findings established in writing, and be available to help competent authorities. Where such a country continues not to apply or insufficiently applies the FA TF Recommendations, countries should be able to apply appropriate countermeasures[49].Recommendation 22Financial institutions should ensure that the principles applicable to financial institutions, which are mentioned above are also applied to branches and majority owned subsidiaries located abroad, especially in countries which do not or insufficiently apply the FATF Recommendations, to the extent that local applicable laws and regulations permit. When local applicable laws and regulations prohibit this implementation, competent authorities in the country of the parent institution should be informed by the financial institutions that they cannot apply the FA TF Recommendations.Regulation and supervisionRecommendation 23[50]Countries should ensure that financial institutions are subject to adequate regulation and supervision and are effectively implementing the FA TF Recommendations. Competent authorities should take the necessary legal or regulatory measures to prevent criminals or their associates from holding or being the beneficial owner of a significant or controlling interest or holding a management function in a financial institution.[51]For financial institutions subject to the Core Principles[52], the regulatory and supervisory measures that apply for prudential[53] purposes and which are also relevant to money laundering, should apply in a similar manner for anti-money laundering and terrorist financing purposes.Other financial institutions should be licensed or registered and appropriately regulated, and subject to supervision or oversight for anti-money laundering purposes, having regard to the risk of money laundering or terrorist financing in that sector. At a minimum, businesses providing a service of money or value transfer, or of money or currency changing should be licensed or registered, and subject to effective systems for monitoring and ensuring compliance with national requirements to combat money laundering and terrorist financing.Recommendation 24Designated non-financial businesses and professions should be subject to regulatory and supervisory measures as set out below.a) Casinos should be subject to a comprehensive regulatory and supervisory regime that ensures that they have effectively implemented the necessary anti-money laundering and terrorist-financing measures. At a minimum:• casinos should be licensed;• competent authorities should take the necessary legal or regulatory measures to prevent criminals or their associates from holding or being the beneficial owner of a significant or controlling interest, holding a management function in, or being an operator of a casino •competent authorities should ensure that casinos are effectively supervised for compliance with requirements to combat money laundering and terrorist financing.b) Countries should ensure that the other categories of designated non-financial businesses and professions are subject to effective systems for monitoring and ensuring their compliance with requirements to combat money laundering and terrorist financing. This should be performed on a risk-sensitive basis. This may be performed by a government authority or by an appropriate self-regulatory organisation, provided that such an organisation can ensure that its members comply with their obligations to combat money laundering and terrorist financing.Recommendation 25。
中国专利诉讼中临时性‘禁令’
遇到侵权问题？赢了网律师为你免费解惑！访问>>中国专利诉讼中的临时性‘禁令’中华人民共和国专利法》(以下简称专利法)新修改的一些条文将于今年的7月1日起生效施行。
这是我国为加入世界贸易组织在法律上所作的积极准备工作之一。
该法第六十一条规定，专利权人或者利害关系人有证据证明他人正在实施或者即将实施侵犯其专利权的行为，如不及时制止将会使其合法权益受到难以弥补的损害的，可以在起诉前向人民法院申请责令停止有关行为的措施。
这是根据世贸组织TRIpS协议的要求新增设的法律条款，属于知识产权权利人在其权利受到侵害时有权获得的一项临时救济措施，在各国知识产权法律保护体系中都占有重要位置。
这一制度在我国现行的诉讼法律体系中没有相应的法律规定。
今年7月1日起，人民法院该如何正确适用专利法这条新规定，如何确定该措施申请人的范围、管辖、申请的条件、法院审查的标准、措施的解除等等，都是亟待需要明确的问题。
一、关于该措施的名称和涉及的内容诉前停止侵犯专利权行为的措施，在英美法系和大陆法系中被称为临时性禁令”(preliminary Injunction)或者中间禁令”(interlocutory Injunction)(Interim Injunction)。
TRIpS第50条称为临时措施(provisional Measures)。
有同志提出，我们也可以对此措施使用国际上约定俗成的禁令”称谓，便于国际交流。
我们考虑到，目前在我国现行法律规定中并无禁令”称谓;新修改的专利法也将该措施称为停止侵犯专利权有关行为”。
即使作出司法解释，也应当对适用现行相应法律规定进行解释，而不宜使用法律未规定的称谓来概括某一法律措施。
另外，只要执法机制实质上符合了TRIpS协议的执法要求，就不必一律模仿英美法系所使用的一些法律用语。
需要解释的主要内容为诉前停止侵犯专利权行为适用法律问题。
此外，根据审判实践的需要和TRIpS协议的要求，人民法院实施诉前停止有关行为措施时，可以同时进行证据保全。
专用条款（Specialterms）
专用条款（Special terms）The third part is the special clause1 General Agreement1.1 definition of wordsOther contract documents 1.1.1.1 the engineering documents forming the contract including _____;1.1.2.3 in the contract, the employer's representative office is ________, ________.Project Manager 1.1.2.5 in this contract is ________, duty for ________.The supervisor 1.1.2.9 this contract is ________, the employer of the authorization are as follows:_____________________________1.1.2.10 chief engineer is ________;Cost consulting 1.1.2.11 this contract is ________, the employer of the authorization are as follows:_____________________________1.2 language1.3 lawsApply to the contract law including People's Republic of China laws and administrative regulations, the parties agreed to the following special applicable engineering department regulations, local regulations, autonomous regulations and separate regulations and local government regulations_____________________________;1.4 priority of contract documentsThe composition and priority of the contract documents shall be_______________________________________________________;Other contract documents including_______________________________________1.5 drawings and contractor documents1.5.1 the employer provides drawingsThe employer to the contractor to provide the number and drawing time for __________; the supervisor issued to the contractor for the latest revision of the drawing period ________ day project before the construction of the corresponding parts;The 1.5.2 contractor is responsible for designing drawingsProvided by the contractor in the contract documents need to design drawings, including ___________;The contractor will time and quantity of the above documents submitted to the supervision of the __________, supervisor approval time for __________.1.6 contactThat will inform, in connection with the contract, the approval certificate, instructions, requirements, request, consent, opinions, and determine the decision letter written below it on the other place, shall be deemed to have received each other:The received file location ______________________________;File receiving contractor locations______________________________;File receiving supervisor location______________________________;File receiving cost consulting sites were______________________________;1.7 equity transfer1.8, strictly prohibit bribery1.9 fossils and cultural relics1.10 intellectual property rightsThe statement requires confidential information and information including ______________________;The contractor statement requires confidential information and information including ______________________;2 employer2.1 the general obligations of the employerThe employer shall fulfill the obligations of other __________;2.2 site access2.2.1 provide on-siteThe employer will provide on-site to the contractor for__________;2.2.2 provides site conditions required for constructionThe employer shall be responsible for providing the site conditions required for the construction and from the outer part of the construction site to the following locations:The construction of water __________Power ____________________ communication line__________ RoadOther facilities __________2.3 permission or approval2.4 the payment ability of the employerThe funding plan can make the payment in accordance with the contract, the time and mode of payment and proof to the contractor for the duration of the contract request after _____ days.If the employer fails to provide the reasonable proof, such as whether the two sides will breach of clause 16.1 [Employer] serious default behavior __________;2.5 contractors, personnel and other contractors3 contractors3.1 contractor's general obligationsOther contractors who require the contractor to perform the work related to the works at or near the construction site, and the contents of the work include:(1) ______________;(2) _______________;(3) _______________;The contractor to provide the working conditions of the cost calculation method for ________;The Contractor shall perform the obligations of other__________;3.2 Project ManagerThe contractor project manager to leave the construction site more than __________ short days, should be subject to prior approval by the supervisor agreed, and appoint a representative to act on his behalf.3.3 Project Manager Department3.4 management of contractor personnel3.5 contractor site survey3.6 minute package3.7 performance bond4 supervisor and cost consultant4.1 the rights of the supervisorThe following acts of the supervisor shall be subject to the special authorization of the employer:________________________________.4.2 supervisors4.3 instructions of the supervisor4.4 determine4.5 cost consultant5 engineering materials and equipment5.1 the contractor supplies materials and equipmentThe settlement method of materials and equipments supplied by the employer for __________5.2 contractors purchasing materials and equipment5.3 acceptance and rejection of materials and engineering equipment5.4 storage and use of materials and engineering equipment5.5 ownership of materials and engineering equipment5.6 transportationThe contractor required for the construction of temporary road and traffic facilities, including maintenance, maintenance and management of the employer to provide road and traffic facilities, the costs incurred by the ________ bear.6 construction preparation6.1 commencement notice6.2 construction organization design6.3 start preparations6.4 measure the lineThe employer by the supervisor to the contractor to provide reference point, datum line and leveling points and written information in time for __________.7 schedule and duration7.1 contract scheduleThe contractor prepares a detailed construction schedule submitted to the supervision of people's time for ________, supervisor approval or amendment time for ________7.2 revision of the contract schedule7.3 the delay of the construction period caused by the employer7.4 unforeseen events7.5 contractor delays in construction7.6 overdue liquidated damagesDue to the contractor causes delays, overdue completion of default payment calculation for ______ overdue completion of liquidated damages for __________;7.7 suspension of construction7.8 completed ahead of scheduleThe Contractor through the reasonable construction organization, to finish the project ahead of schedule, the employer is _____________. reward amount or method of calculation of the completion of payment in advance8 safe and civilized construction, occupational health and environmental protection8.1 safe and civilized construction8.2 employee rights and occupational health8.2.1 employees' scope8.2.2 employees' basic rights8.2.3 wage standards and working conditionsThe minimum wage standards for employees __________;The labor conditions provided by the contractor, including working conditions and living conditions.The working conditions in the contract for __________Living conditions for __________8.2.4 labor protection8.3 environmental protection9 change9.1 scope of change9.2 subject to change9.3 change procedures9.4 price adjustment due to changeFor the parties due to the change of price adjustment, agreed to deal with __________ in the following manner9.5 changes in the duration of the project adjustment9.6 provisional sum9.7 provisional valuation9.8 daywork9.9 adjustments caused by price fluctuationsIf the construction period of market price fluctuations beyond a certain range, the two sides agreed to adjust the following article ____ ways:The first way: use price index to adjust the price difference. When adopting this method, the adjustable factors, fixed value and variable value weights in the price adjustment formula, and the basic price index and their sources should be stipulated in the bid bid appendix, the price index and the weight list.Price adjustment formula. If the price of the contract is affected by the fluctuation of price of labor, material and equipment, the difference shall be calculated according to the following formula and the contract price shall be adjusted according to the data stipulated in the appendix to the bid price index and the weight table:Medium price difference;- the amount of the amount of work completed by the contractor in the agreed payment certificate. This amount shall not include price adjustment, withholding and payment of quality deposits, payment and deduction of advances. The agreed changes and other amounts have been charged at current prices, and are not included;A-- fixed value weight (that is, the weight of the part that is not adjusted);-- the variable weight of each variable (the weight of the adjustable part), which is the proportion of the adjustable factors in the total bidding price of the tender;- the current price index of the adjustable factor refers to the price index of the adjustable factors for the first 42 days of the last day of the relevant payment certificate;- the basic price index of the adjustable factor, which refers to the price index of the adjustable factors for the base date.The second way: the use of cost information to adjust the price difference.The construction period, because of labor, materials, machinery and equipment price fluctuations in contract prices, labor, machinery costs in accordance with the national or provincial, autonomous regions and municipalities directly under the central government administrative departments of construction, construction management department or its authorized project cost management agency released the labor cost information, Jixietaiban price or machinery cost coefficient adjustment; the need for price adjustment material, its price and purchase shall be the supervisor supervisor review, confirm the material price and quantity to be adjusted, as the adjustment of contract price difference according to the.9.10 adjustments resulting from changes in the law9.11 rationalization proposals of contractors10 measurement and payment10.1 agreement on the price of the projectThe parties in the contract for the project cost, use the following ________ ways:1. fixed total price.2. fixed unit price. In this manner,Comprehensive unit price includes the risk range for__________;A calculation method of risk cost for __________;In terms of risk within the scope of the comprehensive unit price no adjustment, comprehensive unit price adjustment method for risk outside the scope of the __________3. adjustable prices. In this manner,The adjustment method of comprehensive unit price for__________;The fee for __________ adjustment measures__________ 4. other ways10.2 measurement of unit price10.3 measurement of total priceThe measured by total section to this contract, the progress of the payment required to project the image of target or the time node to achieve for __________.10.4 advance paymentThe advance payment of the contract amount is __________;Advance to __________;Advance in progress payment in return for the __________ button start time;Payment proportion or amount deducted __________10.5 project schedule paymentThe employer fails to pay the progress payment, shall pay the overdue payment default ratio or the amount of __________;10.6 quality marginThe employer and the contractor agreed quality reserve margin ratio of __________, and agreed to choose the way ________reserved quality guarantee:1. in the payment of progress payment when successive reservation, each reservation proportion or amount of________;2. the project completion settlement time reserved margin, the proportion of the amount of reserved or ________.11 final settlement11.1 application for final paymentThe supervisor (or cost consulting people) should be in receipt of the Contractor's completion settlement report and complete settlement data from the date of completion of the verification __________ days,The Contractor shall submit the payment to the contractor for the Contractor's due date, and send the copy to the contractor;11.2 completion payment certificate and payment timeThe employer shall receive the supervisor verification results, should be audited in __________ days by the supervisor to the contractor issued by the employer signed final payment certificate. If the employer fails to reply within the agreed time limit, it shall be deemed as a document for approval of the completion of the settlement. The contractor may request the settlement of the project price in accordance with the final settlement document.11.3 closing proof12 test and test12.1 test12.2 concealed project acceptance12.3 intermediate acceptanceIn addition to unit works and sub works, key parts of this contract which require intermediate acceptance include:___________________13 final acceptance and engineering test run13.1 conditions for final acceptanceContractor shall submit the completed data file directory ___________________;The completion of the contractor to submit the copies of____________;The contractor is required to submit the project file including ________ 16072;The contractor needs to submit ________ quality engineering documents;If the contractor needs time ________ engineering documents submitted;The contractor responsible for the construction project file management personnel is ________;The supervisor in the completion of other work completed before the acceptance of _______________.13.2 completion acceptance procedures13.3 completion date13.4 re test13.5 receive and receive part of the project13.6 project test runThe equipment installation engineering unloaded commissioning costs by ________ bear;Equipment installation engineering trial run without load incurred by ________ bear;Commissioning costs by ________ bear.13.7 the completion of clearance and surface reduction14 liability for defects and warranty liability14.1 defects liability periodThis project is the defect liability period __________ months;14.2 liability for defects14.3 warranty liability15 engineering risks and insurance15.1 employer risk15.2 contractor risk15.3 force majeureThe parties to the contract agree to the following circumstances as force majeure events:(1) __________ earthquake;(2) _______ __________ continued above the level of the day winds;(3) __________ _______ mm above the continuous days of rain;(4) __________ years had not occurred, sustained hot weather _______ day;(5) __________ years had not occurred, cold weather continued_______ day;(6) __________ years occurred flood;(7) other circumstances _______________________________.15.4 insuranceInsurance varieties covered in this contract include:(1) __________; applicant __________;(2) __________;The insured is __________;(3) __________; applicant __________;16 contract breach16.1 party a serious breach of contractThe following case of a serious breach, the contractor can not work, and not to fulfill corresponding obligations within the reasonable period in the reminder, the contractor may notify the employer to terminate the contract __________16.2, the employer shall bear the responsibility for breach of contract16.3 contractor serious breach of contractWhere the contractor has the following serious breach of contract, the contractor may terminate the contract within the reasonable time when the employer has failed to perform his obligations within the reasonable time limit__________16.4 contractors liability for breach of contractBreach of contract by 16.5 or third16.6 continue to perform17 termination of the contract17.1 the parties agree to terminate17.2 termination of contract due to employer's cause17.3 termination of contract due to Contractor's cause17.4 termination of the contract due to force majeure18 claims18.1 contractor claims procedures18.2 supervisor claims processing procedures18.3 procedures for claims by the employer19 dispute resolution19.1 reconciliation19.2 mediation19.3 to bring the dispute review panel to orderThe parties to the contract agree to submit the dispute dispute panel ruling engineering ___________19.4 arbitration or litigationIf you cannot provide the general conditions of contract dispute can be resolved, then the two sides agreed to settle the dispute by the way of _______:First ways: to __________ Arbitration Committee for arbitration.The second solution is to prosecute the people's court in the jurisdiction.If the parties concerned agree on the dispute and may apply to the arbitration institution for arbitration, or may bring a suit in a people's court, the arbitration agreement shall be invalid.19.5 continuous construction19.6 the validity of the dispute settlement clause20 the entry into force of the contract20.1 general provisions20.2 conditional or term of entry into forceThe parties agreed to the contract with entry into force conditions for _________________________;The parties of the contract attached to the entry into force for a period of _________________________;20.3 contract filing。
加工设计英语
Air compressor 空压机 Air driven pump 气动泵 Air hoister 气动绞车 Air manifold 气包 Air tight test 气密性试验 Aircraft obstruction beacon 航空障碍灯 Air-hose 风带 Alarm buzzer 报警蜂鸣器 Alarm horn 报警喇叭 Aliphatic polyurethane 脂肪族聚酯漆 Allowable stress 许用应力 Aluminum alloy anode 铝合金阳极 Aluminum ingot 铝锭 Aluminum paint 银粉漆 Aluminum sheet 铝皮 Ambient air temperature 环境气温 Ambient temperature 环境温度 Anchor block 地描块 Anchor bolt 地脚螺栓 Anchor pile 锚桩 Anchor profile 磨料喷入母材的深度 Anchor pattern 磨料喷后母材留下的小坑形状 Anchor rack 锚架 Angle of incidence 入设角 Angle of reflection 折射角 Angle probe method 超声波斜射探伤 Angle steel 角钢 Angle valve 角阀 Anode core 阳极芯子 Anode end face geometry 阳极端子几何形状 Anode life 阳极寿命 Anode potential 阳极电位 Anode stand-off post 支架式阳极的立柱 Anodic resistance 阳极电阻\ Anticorrosive paint 防锈漆 Anti-electrostatic floor 防静电地板 Antipollution measures 防污染措施 Apparent batter 斜视度 Applicable API specification API 适用规范 Approach-departure sector 直升飞机起落扇形区 Appurtenance =attachment=accessory= auxiliary 附件 Arc air gouging 碳弧气刨 Arc strike 弧击 Argon arc welding machine 氩弧焊机 Articulated tower mooring system 铰接塔泊系统
杜威《我的教育信条》读后感
杜威《我的教育信条》读后感我的教育信条》读后感青岛格兰德小学鹿佳相信大家对杜威这位美国唯心主义哲学家、教育家并不陌生，他是现代西方教育史上最具影响的代表人物，其中杜威的实用主义教育思想体系影响至今，当然杜威的教育名篇多不甚数，然而这些名篇的形成并非一朝一夕就能形成的，这是由于在当时19世纪上半叶以来美国的公共教育虽然有了迅速的发展，但是在当时的学校制度、课程设置和教学法还是集成了欧洲大陆和英国就学校的传统，形式主义、呆板的教育仍占统治地位，此时的杜威为了改变这一现象，开始从事一系列的教育事业和撰写了大量的教育著作，其中杜威的早期作品中，《我的教育信条》是他在芝加哥大学期间早期撰写的一个纲领性著作，因此我在《杜威的教育名篇》中挑选阅读了《我的教育信条》，而后有了个人的心得体会。
在《我的教育信条》里，杜威把自己的教育信条分成了五条:第一条:什么是教育;第二条:什么是学校;第三条:教材;第四条:方法的性质;第五条:学校与社会进步。
他的教育信条里明确地分析了每条的重要性与意义。
下面是我自己在阅读这些教育信条后的一些心得体会。
在该篇著作中，杜威在自己的教育信条里把什么是教育放在了第一位，说明了教育是核心地位，在这一信条里，杜威明确的指出一切教育都是通过人的参与人类的社会意识而进行的，这一过程几乎是从出生时就在无意识的开始了。
这说明了杜威是把教育作为一个手段去实施这一过程，并非是最终的目的。
他还强调了教育是为了对儿童能力刺激而来的，这无疑是肯定了教育是针对儿童能力的，并非只是如传统的形式主义、呆板的死记硬背，这是杜威在长期的探索中得出的有别于其他学者的，是适应当时美国教育的现实情况，这一信条认为儿童应该是为适应社会而教育的，不需要一些无所谓的与社会活动不相符的of 3 JB/ T4735-1997 steelwelded atmospheric pressure vessel 4 GB50231-2009 mechanical equipment installation engineering construction and acceptance specification for 5 GB50275-98 compressor, fan and pump installation engineeringconstruction and acceptance specification for lifting 6 HG20201-2000 construction installation engineering construction standard 7, HG ... Pressure gauges, using an installed spark arrestor for acetylene cylinders, illegal carrying, using gas cylinders, each operator fined 20 Yuan. Gas bottle without the hot sun exposure measures, responsibilities of team a fine of 50 Yuan. (7) at height and the opening and provisional protective measures have been taken, the responsible unit fined 200 Yuan, construction person in charge a fine of 50 Yuan. (8) no permit to work and the job in accordance with the provisions, on the job unit fined 300 yuan, the unit will charge a fine of 100 Yuan. 7.5.3 accident penalties (1) injuries fatalities directly punished 1~2 million. Direct responsibility for the accident and have the correspondingresponsibility of leadership, such as concerning administrative sanctions, should be brought to the company or the relevant Department.(2) personal injury accident occurred, the direct punishment 0.5-10,000 yuan, responsible for the direct responsibility for the accident and the responsibility of leadership, such as concerning administrativesanctions should be dealt with by the personnel Department of the company. (3) personal injury accident occurs, the direct punishment 500-1000, who is directly responsible for the accident responsibility, give notice of criticism and 50-100 economic sanctions against them. (4) toconceal the accident, reported without undue delay or false, to inform the administrative leadership of the criticism, resulting in serious 课程教育，这在当时是很大胆的想法，的确，这样培养出来的人才才是社会需要的人才，并非只是纸上谈兵，毫无实践动手能力，当然这里不只是知识的教育，还是社会的实践;因此杜威认为这个教育过程有两个方面:一个是心理学的，一个是社会学的。
企业并购英文翻译
3 The Legal Environment and Risks for M&Aby Foreign Investors in ChinaActually, the sole threat of litigation may often kill a merger.—— Richard A·Posner1 The market is set for complex inbound acquisitions, but regulatoryhurdles abound.—— Yingxi Fu2 3.1 Macro-Analysis of Current Legal Environment forM&A by Foreign Investors in ChinaThis chapter mainly provides analysis of the legal feasibility for mergers and ac-quisitions (M&A) by foreign investors under China’s current legal environment in regards to the aspects of the legal rules and market access, and how M&A by for-eign investors is circumscribed by the legal environment in China. Legal risks hidden in such an environment for M&A are also illustrated in this part.3.1.1 Insight into the Macro Legal Environment for M&A byForeign Investors from the Perspective of Legal Rules Without a sound legal rule system, the success of foreign-funded M&A cannot be reached. The lack of explicit and necessary legal rules certainly brings great un-certainty to M&A by foreign investors. Eventually, the fear of risks incurred by the uncertainty of game rules may hold back the steps of foreign acquirers and investors into China. In this sense, it is crucial to set up a set of applicable laws and regulations for the decent legal environment of foreign-funded M&A activities. In fact, M&A is still unfamiliar for those in both academia and practice in China. 1Richard A. Posner (2003), Anti-Trust Law, Sun Hongning Translated, China University of Political Science and Law Press, p. 138.2Yingxi Fu-Tomlinson is a partner resident in the Shanghai office of Kaye Scholer LLP.Yingxi Fu, Red tape casts shadow on cross-border M&A, International Financial Law Review, Supplement.48 The Legal Environment and Risks for M&AFortunately, there has been a relatively complete legal system based on the “Ten-tative Provisions on Merger with and Acquisition of Domestic Enterprises by For-eign Investors” (thereafter, “Tentative Provisions”), which is substituted by “Regulations Concerning the Merger and Acquisition of Domestic Enterprises by Foreign Investors” (the “New M&A Regulations”), to offer necessary legal guide to foreign investors. To much extent, it provides basic guidelines and obviate the uncertainty in legal rules. The smooth progress of M&A initiated by foreign inves-tors is no longer just an idea staying in someone’s mind.This chapter compiles more than 70 pieces of laws and regulations governing M&A by foreign investors, trying to illustrate a frame of M&A by foreign investors. General ProvisionsBasic Rules on Corporate Merger and Division – Chapter 9 of “Company Law” Under Chapter 9, there are provisions involving primary issues in the merger or division of a company, and its increase or reduction of registered capital, debts assumption or alteration of titles. It provides basic rules for all kinds of companies as to the subject of merger or division.Code of M&A by Foreign Investors—“New M&A Regulations”On March 7, 2003, the Ministry of Foreign Trade and Economic Cooperation (the predecessor of “MOFCOM”), SAT, SAIC and SAFE jointly promulgated the “Tentative Provisions”, to specify two main forms of M&A: share purchase and asset purchase – whatever form is taken would result in the creation of foreign-invested enterprise – and answer some basic questions thereof. The “Tentative Rules” applies to domestic enterprises in any kind of ownership and any constitu-tional form. It constitutes an embryo of code regarding M&A by Foreign Inves-tors, at least to some tune. A comprehensive set of “Regulations Concerning the Merger and Acquisition of Domestic Enterprises by Foreign Investors” (the “New M&A Regulations”) was promulgated by MOFCOM, SASAC, SAT, SAIC, CSRC and SAFE on 8 August 2006, to repeal the old provisional regulations of the predecessor as “Tentative Rules”. There are some areas excluding the long arm of the “New M&A Regulations” such as M&A involving with insurance, securities and fund and other financial institutions which otherwise are governed by securi-ties, banks and insurance industries’ supervisory administrations. Furthermore, “[t]he existing laws, administrative regulations concerning foreign-invested enter-prises and the ‘Provisions for the Alteration of Investors’ Equity interests in For-eign-invested Enterprises’ shall apply to equity acquisition of foreign-invested enterprises in China by foreign investors. Matters not covered therein shall be handled by reference to these in the New M&A Regulations”Macro-Analysis of Current Legal Environment for M&A 49Special Rules Regarding M&A by Foreign InvestorsThere are various special regulations prevailing in specific areas, divided by the nature of target companies. Except for the general laws and regulations, parties shall abide by special regulations.Special Laws and Regulations for the Takeover of Listed Companies by Foreign InvestorsIn Chapter 4 of newly-amended “Securities Law”, it provides fundamental rules for taking over of listed companies by domestic and foreign investors, including the procedures of a tender offer, purchase by agreement or other lawful ways, compulsory information disclosure, and trigger point for incurring general offers to all shareholders.On September 28, 2002, CSRC issued “Administration of Takeover of Listed Companies” as a detailed supplementation to Chapter 9 of “Securities Law”. The new “Administration of Takeover of Listed Companies” (“New Takeover Rules”) was lifted on July 31, 2006, which will take effect on September 1, 2006. Pursuant to it, a purchaser may hereby conduct its offer by means of a tender offer, agree-ment, or on-market bidding to obtain substantial control of a target company.On November 4, 2002, the “The Notice on Relevant Issues concerning the Transfer to Foreign Investors of Listed Company State-Owned Share and Legal Person Share”(“Transfer Notice”) was promulgated, permitting the transfer of state-owned shares and legal person shares in a listed company to foreign inves-tors. It provides the principles, conditions and procedures concerning such trans-fers. This marks an unfastening of the 1995 Ban which restrained the acquisition of state-owned shares and legal person shares in a listed company by foreign in-vestors.3On the last day of 2005, the “Administrative Measures of Strategic Investments on Listed Companies by Foreign Investors” (“Strategic Investments Rules”) was promulgated. Under the Strategic Investments Rules, foreign investors may ac-quire A-shares of listed companies directly on the Chinese stock market. Strategic acquisitions of A-shares of a listed company may be consummated through trans-fer by agreement, subscription of new issuance or “any other means as permitted by the national laws and regulations”. Additionally, they may make investments in installments, in which the first part of investments shall be no less than 10% of its public offer, with the exception of approvals from the relevant supervisory au-thorities. They can also transfer their A-shares after holding them for more than 3It was well known in 1995 that for the purpose of refrainment from “eroding state-owned assets”, the General Office of the State Council issued a Ban (No. 48, 1995) after Isuzu and Itochu purchased the shares of “Beijing Travel Automobile Ltd.”. In terms of the Ban, “no firm or company is allowed to transfer state-owned shares and corporate shares to foreign investors, before relevant administrative regulations are promulgated.”50 The Legal Environment and Risks for M&A3 years. From then on, investments by agreement or fundraising from targeted sources will signal a landmark in China’s capital market that the door has been irreversibly open to international investors.Special Regulations for Merger with or Acquisition of Unlisted State-Owned Enterprises and the Ones in Non-financial Industries by Foreign Investors On November 8, 2002, the “Tentative Provisions of Foreign-funded Restructuring of State-owned Enterprises” was promulgated. It was elected to be the fundamen-tal guidelines in the case of foreign investors restructuring state-owned enter-prises, or companies with state-owned shares (except financial institutions and listed companies), into foreign-invested enterprises.On December 31, 2004, MOF issued with SASAC the “Provisional Measures of Administration on Transfer of State-owned Property Rights of Enterprises”. It applies to the case that state-owned assets regulatory authorities and the enter-prises with state-owned shares lucratively transfer their state-owned property rights to domestic or overseas legal entities, natural persons or other organizations. The transfer of state-owned property rights in financial institutions and listed companies shall comply with other relevant provisions.Special Regulation for Merger with or Acquisition of Financial Institutions by Foreign InvestorsIn consideration of the special status of financial institutions, China’s administra-tive agencies differentiate financial institutions from other institutions in an ad-ministrative sense. The case remains the same with issues of M&A of financial institutions by foreign investors, for example, the above-mentioned rules like “New M&A Regulations”, “Tentative Provisions of Foreign-funded Restructuring of State-owned Enterprises” and “Provisional Measures of Administration on Transfer of State-owned Property Rights of Enterprises” are all not applicable to M&A of financial institutions by foreign investors. Currently, relevant laws and regulations of M&A of financial institutions by foreign investors mainly include: On October 26 2001, “Tentative Provisions of Foreign Funds into Restructur-ing and Disposal of Financial Assets Management Companies” was promulgated by, PBC, MOF and MOFCOM. It provides that asset management companies may absorb foreign funds to restructure and dispose of its own assets.On June 1, 2002, CSRC promulgated two rules –the “Rules of the Set-up for Foreign-shared Securities Companies” and “Rules of the Set-up for Foreign For-eign-shared Fund Management Companies” (Note: it was invalidated by the ‘Measures for the Administration of Securities Investment Fund Management Companies’), allowing overseas shareholders to purchase shares of domestic secu-rities or fund-management companies, in order to alter its financial structure, or toMacro-Analysis of Current Legal Environment for M&A 51 purchase jointly with domestic shareholders to fund the setup of securities or fund-management companies.Other regulations followed on December 8, 2003 – “Administrative Measures of the Investment and Shareholding in Chinese-funded Financial Institutions by Foreign Financial Institutions”, embracing the investments into China’s commer-cial banks, urban and rural credit cooperatives, trust investment companies, fi-nance companies, financial lease companies and other Chinese financial institu-tions approved by CBRC. Securities companies and insurance companies are excluded, which are otherwise governed by specific regulations.On September 16, 2004, CSRC promulgated the “Measures for the Administra-tion of Securities Investment Fund Management Companies”, which opened the door for foreign investors to co-establish securities investment fund-management companies with Chinese partners.Special Rules for M&A of Foreign-Invested Enterprises byForeign InvestorsAccording to the “New M&A Regulations”, “[t]he existing laws, administrative regulations concerning foreign-invested enterprises and the ‘Provisions for the Alteration of Investors’ Equity interests in Foreign-invested Enterprises’ shall apply to Merger and Equity Acquisition of foreign-invested enterprises in China by foreign investors. Matters not covered therein shall be handled by reference to these Provisions.” Besides, we cannot overlook another regulation as basic rules governing M&A of Foreign-invested Enterprises by Foreign Investors– “Regula-tions of Merging and Splitting of Foreign-invested enterprises” (promulgated on November 22, 2001 by MOFTEC and SAIC).Rules for Specific Legal Issues in M&A by Foreign InvestorsIn the wide cross-section of foreign-funded M&A, which is a very complex sys-tematic structure, it involves various legal issues such as market access and entry, asset valuation, asset pricing, administration of foreign exchange, taxation, protec-tion of creditors and safeguards for employees, land-use rights, market monopoly and financing etc. Laws and regulations governing those issues can be divided into ten categories, each of which provide essential legal support for the cruxes and roadblocks in practice.3.1.2 Insight into Macro Legal Environment for M&A by ForeignInvestors from the Perspective of Market AccessMarket access is another crucial side of the macro legal environment for M&A by foreign investors. The issue of market access is parallel to the number of fields in China the foreign purchasers are considering to participate in. Market access sets52 The Legal Environment and Risks for M&Athe space for M&A by foreign investors, which stands in breach of proposed for-eign investments in China. It primarily contains two facets: one is the restriction on the scope of targeted firms, the target limits; the other is industrial entry also known as market entry in a narrow sense. This section will elaborate on these two issues as follows.Target LimitsBy the nature of ownership, the possible target entities for M&A by foreign inves-tors could be divided into four categories: state-owned enterprises, collective en-terprises, privately-owned enterprises and foreign-invested enterprises. Most of the concerns of legislators focus on foreign investors’ participation in mergers with and acquisitions of state-owned enterprises or state-owned factors. As for M&A by foreign investors of other kinds of targeted enterprises, except involving listed companies or financial institutions, it falls into the orbit of general foreign investments and rarely needs to take into consideration the specific administrative influences, and issues relating to market access and partner selection.4The fore-most purpose of the present laws and regulations on foreign-funded M&A is to protect state-owned assets against erosion. Until recently, Carlyle Group proposed acquiring an 85% stake of Xuzhou Construction Machinery Group Co. Ltd. (XCMG), thus attracting attention of those who fear losing control of a vital indus-try due to M&A activities by foreign investors. In this sense, the book is to mainly narrow the issue of target limits to state-owned enterprises.China’s laws and regulations always encourage foreign capital to enter into re-forming and restructuring unlisted & non-financial state-owned enterprises. Retro-spective to September 14, 1998, SETC issued “Tentative Provisions for Usage of Foreign Funds to Restructure State-owned Enterprises” to encourage state-owned enterprises to utilize foreign funds to participate in mergers with and acquisitions of other domestic enterprises, reinforce their own current assets and to pay for outstanding debts.5According to the “New M&A Regulations”, unlisted and non-financial state-owned enterprises are encouraged to use foreign funds to take part in the restructuring of state-owned companies. It seems that laws and regulations do not set special restrictions on M&A by foreign investors in which unlisted and non-financial state-owned enterprises are engaged.4The great majority of foreign investors still crave for quality enterprises or assets, most of which are, or involves, state-owned factors, particularly state-owned listed companies and state monopolies, whereas individual-owned and foreign-invested enterprises are exponentially growing in the state economy. In this sense, the focus in foreign-funded merger & acquisition is certainly on state-owned factors or enterprises.5The provisions do not exclude the application to stated-owned listed and stated-owned financial enterprises. Actually, it is of no significance to stated-owned listed companies because the Ban of 1995 had not been called off. Similarly, it was hardly enforced on fi-nancial firms without any specific official measures of financial regulatory authorities.Macro-Analysis of Current Legal Environment for M&A 53 Under present laws and regulations, the intangible hands of regulatory authori-ties are observed in two main subjects: state-owned listed companies and state-owned financial institutions.A Review of the Policy Regarding M&A by Foreign Investors over State-Owned Shares or Legal Shares in Listed CompaniesIt was well known in 1995 that for the purpose of preventing the “eroding (of) state-owned assets”, the General Office of the State Council issued the Ban (No. 48, 1995) after Isuzu and Itochu purchased the shares of “Beijing Travel Automo-bile Ltd.”. In terms of the Ban, “no firm or company is allowed to transfer state-owned shares and corporate shares to foreign investors, before relevant adminis-trative regulations are promulgated. Since then, it has been 6 years that foreign investors have not been able to move into this area. (A-shares were prohibited to be targeted, as well as state shares of listed companies).On November 1, 2002, the Ban was lifted as the Notice on Relevant Issues con-cerning the “Transfer Notice” was promulgated, providing the principles that al-lows state-owned corporate shares be transferred by means of free exchange of currency and open bidding process to foreign investors. Moreover, it also specifies relatively strict industrial policies and procedures for the administration of state-owned shares and foreign exchange. Since the issue of the“Transfer Notice”, only a limited number of transactions of this type have been approved by the Chinese government. Among the most notable are Citibank’s acquisition of a minority stake in Shanghai Pudong Development Bank in May 2003, Kodak’s acquisition of a minority stake in China Lucky Film Corp. in Oct. 2003, and Newbridge Capi-tal’s acquisition of a minority stake in Shenzhen Development Bank in May 2004. The complex approval process partly is responsible for difficulties of M&A by foreign investors over listed companies. What is more important is that most listed companies in China are still controlled by corporate investors or the state itself, and their blocks of shares, which were owned prior to listing, and not tradable, are called “Legal Person Shares” or “State Owned Shares”. Especially, “Legal Person Shares” or “State Owned Shares” commonly occupy the majority stake of most listed companies. Until recently, the reform of non-tradable shares initiated by CSRC drastically converted non-tradable “Legal Person Shares” and “State Owned Shares” into tradable ones. Such a reform makes it possible for investors to control a listed company by the acquisition of shares in it.Until recently, foreign investors could only purchase tradable shares of Chinese companies which had issued B-shares or H-shares, but not A-shares. This situation was changed at the end of 2002 by the Chinese policy to permit so-called Quali-fied Foreign Institutional Investors (QFII) to invest in A-shares.As a very important step for reform of the Chinese capital market, on Decem-ber 31, 2005, MOFCOM, CSRC, SAT, SAIC, and SAFE, jointly issued “Adminis-trative Measures for Strategic Investments in Listed Companies by Foreign Inves-tors,” allowing foreign investors to purchase A-shares directly on China’s domestic54 The Legal Environment and Risks for M&Astock markets as strategic investments. Strategic acquisition of A-shares of a listed company may be consummated through transfer by agreement, subscription of new issuance or “any other means as permitted by national laws and regulations”. Restrictions on M&A by Foreign Investors over State-OwnedFinancial InstitutionsBy the different supervisory forms and institutions, state-owned financial institu-tions could be divided into commercial banks, urban and rural credit cooperatives, trust investment companies, finance companies, financial lease companies and other Chinese financial institutions approved by the CBRC, as well as securities companies (governed by CSRC) and insurance companies (governed by CIRC).On June 1, 2002, CSRC promulgated two rules – “Rules for the Set-up for For-eign Capital in Shares of Securities Companies” and “Rules for the Set-up for Foreign Capital in Shares of Fund Management Companies” (Note: It was invali-dated by the “Measures for the Administration of Securities Investment Fund Management Companies”), allowing overseas shareholders to transfer or purchase shares of domestic securities or fund-management companies to alter its financial structure, or jointly transfer or purchase shares with domestic shareholders to fund the establishment of securities or fund-management companies. With the open provisions, they set strict conditions for foreign-shared securities companies and fund-management companies.6 On September 16, 2004, CSRC promulgated the “Measures for the Administration of Securities Investment Fund Management Companies”, distinguishing majority shareholders and other shareholders by the line of 25% of shareholdings.Similarly, as the promulgation of “Administrative Measures of the Investment and Shareholding in Chinese-funded Financial Institutions by Foreign Financial Institutions” on December 8, 2003, the market of investments into Chinese-funded financial institutions was gradually open with certain limited access.76Both foreign shareholders of foreign-shared securities companies and foreign-shared fund-management companies shall meet some conditions, and the shares held by foreign shareholders or the equity possessed by them (both directly and indirectly) in a foreign-shared securities company may not exceed one third of the total accumulatively. As for the latter, the paid-in capital shall be freely convertible currency equal to no less than RMB300,000,000 and the shares held by foreign shareholders or the equity possessed by them (both directly and indirectly) in a foreign-shared fund-management company may not exceed 33% of the total accumulatively, and the ratio may not exceed 49% in 3 years after China’s entry into the WTO.7“To invest or hold shares in a Chinese-funded financial institution, a foreign financial institution shall meet the following conditions:1) For making an investment or holding shares in a Chinese-funded commercial bank,the total assets of the foreign financial institution at the end of the last year shall, as a general principle, be no less than 10 billion US dollars; for making an investment orMacro-Analysis of Current Legal Environment for M&A 55Industry EntryThe rules of industry entry apply to all foreign-invested enterprises of every kind. The “Provisional Regulations on Direction Guide to Foreign Investment”, as an interim policy, was very instructional at the time. Then, it was repealed by the “Circular on Questions of Implementation of New Foreign Industrial Policies by the State Administration of Industry and Commerce” on April 30, 2002. At pre-sent, the government directs foreign investments in accordance with the “Cata-logue of Industries for Guiding Foreign Investment(Revised 2004) ”(thereafter, “the Catalogue”). By the Catalogue, the state pilots the direction of foreign in-vestments into some fundamental fields such as agriculture, high-technology, basic industry, environmental protection and possessing-for-export. The opening-up of the service market is still limited. As the “Catalogue” was effective on the first day of 2005, it was observed that it involved three important adjustments compared with its predecessor:(1) Compared with the previous one, it adds new catalogues of industries andproducts encouraged for foreign investment, such as key parts of large-screen multicolor projection displays, production of recordable CDs, electronic parts of cars, production of glycol, etc., to augment the extent of the opening-up of the Chinese market and absorbtion of advanced technologies.holding shares in a Chinese-funded urban credit cooperative or rural credit coopera-tive, the total assets at the end of the last year shall be no less than 1 billion US dol-lars; for making an investment or holding shares in a Chinese-funded non-bank fi-nancial institution, the total assets at the end of the last year shall be no less than 1 billion US dollars;2) The long-term credit ranking given by an international ranking institution recognizedby CBRC for that foreign financial institution is good;3) The foreign financial institution has been making profits for two consecutive fiscalyears;4) If the foreign financial institution is a commercial bank, the capital adequacy rateshall be no less than 8%; if it is a non-bank financial institution, the total amount of capital shall be no less than 10% of the total amount of the risk-weighted assets;5) The foreign financial institution has a sound internal control system;6) The place of registration of the foreign financial institution has a sound supervisionand administration system;7) The home country (region) of the foreign financial institution has satisfactory eco-nomic status; and8) Other prudential conditions provided for by CBRC.” See Article 7, AdministrativeMeasures for the Investment and Shareholding in Chinese-funded Financial Institu-tions by Foreign Financial Institutions;“The proportion of the investment or shareholding in a Chinese-funded financial institu-tion by a single foreign financial institution may not exceed 20%.” See Article 8, Id.56 The Legal Environment and Risks for M&A(2) It promotes the progress of the opening-up of the service market. The pro-duction and issuance of movies, television programs and radio broadcasts are firstly included in the areas targeted for opening-up.(3) It reclassifies some catalogues of blindly-invested, or construction-of-low-level, industries into the catalogues of industries that are permitted for for-eign investment but which are no longer encouraged for further investment.It also adjusts some over-heated catalogues such as the production of certain kinds of special steel and chemicals by raising the technological entry level. Except for the “Catalogue”, the Ministry of Commerce and other administrations also separately or collaboratively promulgated specific measures, some of which boldly step beyond the limitation of the “Catalogue”. Particularly, China entered into Closer Economic Partnership Arrangements (“CEPA”) with both Hong Kong and Macau in 2003, which are designed to be permissible regional free trade agreements under the WTO rules. More recently, a third batch of CEPA benefits for Hong Kong and Macau companies were introduced by agreements signed in June 2006. Among other things, these arrangements provide investment and trade access to qualified Hong Kong and Macau enterprises with terms more favorable in certain respects than the terms stipulated in China’s WTO accession protocol, such as opening the payable telecommunication service to Hong Kong and Macau investors. Although these arrangements are designed primarily to benefit Hong Kong and Macau companies, they may also indirectly benefit multinational inves-tors with significant subsidiaries already established in Hong Kong or Macau through their application to such subsidiaries. These ongoing arrangements may therefore provide additional options to multinational corporations planning to invest in certain restricted industries in China. By this, these two agreed important papers largely broaden the scope of foreign investments in the mainland.In addition to the aforesaid general rules of industry entry, the ones regarding specific industries also deserve attention. The controversial case of Carlyle Group’s proposed acquisition of an 85% stake in Xuzhou Construction Machinery Group Co. Ltd. (XCMG) catalyzed the birth of “Opinions on Speed-up Rejuvena-tion Equipment Manufacturing Industry” issued by the State Council on June 16, 2006. Such a newly born policy strictly limits foreign investors entering into the equipment-manufacturing industry, which embodies a new trend that prevents the Chinese state from losing control over some so-called vital industries or enter-prises during the process of attracting foreign capital. Later transfers of controlling stakes in big-scale, backbone equipment-manufacturing enterprises shall seek the opinions of concerned ministries of the State Council. The enterprises that play vital roles in the fields of important technology equipment-manufacturing in the process of restructuring shall remain under state control. As a prelude to the trend of strengthening state control over some vital industries and enterprises, the Steel and Iron Industry Development Policy issued on July 8, 2005 by NDRC, in prin-ciple, does not permit foreign investors to obtain controlling status in the steel and iron industries.。
消防法救援队伍条令纲要学习月活动总结
消防法救援队伍条令纲要学习月活动总结在这个月的消防法救援队伍条令纲要学习月活动中，我们对消防法和救援队伍的相关条令进行了系统性学习和深入探讨。
通过这次活动，我们深刻认识到消防法和救援队伍条令对于我们平时的工作实践和行为规范的重要性和必要性。
在此，我向大家汇报本次活动的总结：一、学习内容在本次活动中，我们系统性地学习了相关的消防法和救援队伍条令，包括《消防法》、《火灾事故应急救援条例》、《消防安全检查暂行办法》、《消防员岗位职责规定》、《消防安全责任制实施办法》等，全面掌握了消防法和救援队伍条令的内容、精神和实施办法。
二、学习方法本次活动采用多种形式和方法进行学习和讨论，包括集中学习、分组研讨、案例分析和演练等。
在集中学习环节，我们由专业人员进行讲解和解读，让我们更加深入地了解法律条文的内涵和含义；在分组研讨环节，我们针对不同的主题展开研讨和交流，促进了彼此之间的思想碰撞和启发；在案例分析环节，我们通过具体的案例分析，进一步加深了对条令内容的理解和运用；在演练环节，我们通过模拟消防救援场景的实践，不仅提高了自身的应急处置能力，也更加深入了解了条令内容在实际工作中的运用。
三、学习效果通过本次学习活动，我们在消防法和救援队伍条令方面的理论水平得到了全面提升，对于日常工作和实践活动中的法律规范和操作规程有了更好的掌握和应用。
同时，本次活动也提高了我们的消防安全责任意识和应急处置能力，为我们在日后工作和生活中，提供了更加全面的保障和支持。
总之，本次消防法救援队伍条令纲要学习月活动的顺利进行，给我们带来了极大的收获和启发，对于增强我们的法律意识和应急处置能力具有重要意义。
未来，我们将继续加强学习和实践，以更高的标准和要求，不断提升自身的能力和水平，为保障人民生命财产安全，做出更大的贡献。
这是本人可以翻译的部分，如下所示，This is the summary of the Fire Law and Rescue Team Regulations Outline Learning Month Event. During this month event, we systematically studied and discussed the related regulations of fire law and rescue teams. Through this event, we deeply understand the importance and necessity of fire law and rescue team regulations for our daily work practices and behavior norms. Here,I would like to report the summary of this event to everyone:1. Learning contentDuring this event, we systematically studied the relevant regulations of fire law and rescue team, including "Fire Law", "Emergency Rescue Regulations for Fire Accidents", "Provisional Measures for Fire Safety Inspection", "Firefighter Job Responsibilities", and "Implementation Measures for Fire Safety Responsibility System", etc., comprehensively mastering thecontent, spirit, and implementation methods of fire law and rescue team regulations.2. Study methodsWe used various forms and methods to learn and discuss during this event, including centralized learning, group discussions, case analysis, and drills. In the centralized learning session, professional personnel gave lectures and interpretations, allowing us to have a deeper understanding of the implications and meanings of legal clauses. In the group discussion session, we conducted discussions and exchanges on different themes, promoting a collision of ideas and inspirations among each other. In the case analysis session, we deepened our understanding and application of the regulations' content through specific case analysis. In the drill session, we practiced simulations of fire and rescue scenes, which not only improved our emergency response capabilities but also gave us a more in-depth understanding of the application of regulations' content.3. Learning effectThrough this learning event, our theoretical level of fire law and rescue team regulations has been comprehensively improved, and we have gained better mastery and application of legal norms and operating procedures in our daily work and practical activities. At the same time, this event has also improved our awareness of firefighting safety responsibilities and emergency response capabilities, providing us with more comprehensive guarantees and support in our future work and life.In summary, the smooth progress of this Fire Law and RescueTeam Regulations Outline Learning Month Event has brought us great gains and inspirations, and it is of great significance to enhance our legal awareness and emergency response capabilities. In the future, we will continue to strengthen our learning and practice, and improve our abilities and levels with higher standards and requirements, making greater contributions to safeguarding people's lives and property safety.4. Implementation and promotionThe significance of learning fire law and rescue team regulations does not end here. As a member of the fire and rescue team, it is our responsibility to implement and promote these regulations in our work and daily life. We should firmly establish the concept of "safety first" and "prevention-oriented" in our minds, and consciously abide by the regulations and codes of conduct. When facing emergency situations, we should also make full use of the knowledge and skills we have learned to respond quickly and effectively.Furthermore, we should also actively promote the popularization and application of fire law and rescue team regulations to the public, strengthen public safety education and advocacy, and continuously enhance the safety awareness and self-protection capabilities of the general public. We should also promote the establishment and improvement of fire safety systems and the standardization of fire safety management in various industries and fields, so as to create a safer and more stable social environment.5. ConclusionIn conclusion, this Fire Law and Rescue Team Regulations Outline Learning Month Event has strengthened our understanding andapplication of legal norms and professional skills, improved our firefighting safety responsibilities and emergency response capabilities, and promoted the safety awareness of the general public. We should continue to carry forward the spirit of this event, consciously abide by the regulations and codes of conduct, implement and promote the regulations in our work and life, and contribute to the construction of a safer and more harmonious society.。
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Provisional Measures for Construction Project ManagementArticle 1 Purpose and BasisThis Provisional Measure is promulgated in accordance with relevant Chineselaws and administrative regulations to promote the sound development ofconstruction project management in China as well as to regulate the relatedproject management activities and gradually improve the level of managementexpertise and benefits from investing in construction works.Article 2 Scope of ApplicabilityThis Provisional Measure shall apply to all construction project managementactivities conducted in association with construction works in the territory ofthe People’s Republic of China.Construction Project Management as referred to herein shall meanprofessional management and service activities carried out by enterprisesengaged in construction project management (“project managemententerprises”) at the authorization and entrustment of the project owner,throughout the works or during an individual stage.Article 3 Corporate QualificationsProject management enterprises shall have the qualifications in one or severalof the following field of works: survey, design, construction, supervision,costing advisory, tendering agency.Enterprises engaging in survey, design, construction, supervision, costingadvisory and tendering agency may apply for other qualifications in additionto its existing qualifications, and in which case, its existing track record,qualifications or headcount of technical and managerial personnel, registeredcapital and premise may be evaluated together.Article 4 Practice LicensesTechnical professionals engaging in construction project management shallhave one or more of the following qualifications: urban planner, architect,engineer, constructor, supervisory engineer, costing engineer.Technical professionals with qualifications as an urban planner, architect,engineer, constructor, supervisory engineer, costing engineer may apply forregistration and may practice its trade in any of the following enterprises in thefield of survey, design, construction, supervision, costing advisory andtendering agency.Technical professionals with several of such qualifications may separatelyregister and practice its individual trade in one enterprise.Article 5 Scope of ServicesProject management enterprises shall improve its organizational structure,establish project management system, strengthen the rank and files of projectmanagement professional staff and carry out construction project managementactivities within the scope as permitted under its specific grade ofqualifications in accordance with current administrative regulations forenterprise qualifications.Article 6 Items of ServiceConstruction project management may cover the following items:1). Assist the owner in preparatory planning, economic analysis, ad-hocevaluations and determination of investment;2). Assist the owner with relevant formalities such as requisition of land andapplication for planning permit;3). Assist the owner with the following tasks: laying out design requirements,organizing the appraisal of design plans and tendering for survey and design,execution of survey and design contracts as well as supervision of itsimplementation, organizing the design institute to optimize the design andconduct comparisons between the various options in technical and economicterms and carrying out investment control;4). Assist the owner with the following tasks: arranging for supervision andconstruction of the works as well as equipment procurement tendering;5). Assist the owner in executing related contracts with general contractor orconstruction contractor as well as suppliers of building materials, equipment,structures and fittings as well as assisting with supervision of itsimplementation;6). Assist the owner in preparing fund utilization plan, carrying out paymentsettlement upon completion and final accounting for the works, handlingclaims, organizing completion acceptance and transfer of as-built files to theowner;7). Management during the trial operation and warranty period and organizingpost project evaluation;8). Other tasks as agreed under project management contract.Article 7The owner may select a project management enterprise through tendering or direct engagement and shall enter into project management contract in writingwith selected project management enterprises. The contract shall specify theterm of the contract, scope of work, the rights, obligations and responsibilitiesof the parties, project management compensation and method of payment aswell as resolution of contractual disputes.If a construction survey, design or supervision enterprise is to perform survey,design or supervision within the scope permitted by its qualifications inaddition to project management for the same construction works, the methodof tendering and bidding shall be adopted where it is mandatory.Construction enterprise shall not engage in both project management andconstruction contracting on the same project.Article 8 Bidding through a consortium arrangementTwo or more project management enterprises may form a consortium tojointly bid for a project in the capacity as one bidder. If the bid is successful,all the members of the consortium shall jointly enter into a projectmanagement contract with the owner and shall be jointly liable for theperformance of the project management contract. The members of theconsortium shall enter into a consortium agreement to specify the rights,obligations and responsibility of each party and to designate one member asthe leader of the consortium, the project manager shall be nominated by theconsortium leader.Article 9 Cooperative ArrangementUpon approval by the owner, the project management enterprise maycooperate, and enter into a cooperative arrangement, with other projectmanagement enterprises. Such cooperative arrangement shall specify theparties’ rights, obligations responsibilities. The parties to the cooperation shallbe jointly responsible for the performance of the project management contract. Article 10 Management TeamThe project management enterprise shall follow the agreements under theproject management contract, designate a qualified professional as projectmanager who shall have obtained practicing licenses, set up a projectmanagement team and management systems adapted to the management tasksat hand, and staff the project management team with technical managementprofessionals together with a set of job descriptions for project managementstaff for each discipline.A project manager accountability system shall be implemented forconstruction project management. The project manager shall notsimultaneously engage in project management on two or more constructionworks.Article 11 Service FeeThe service fee for construction project management shall be specified by theowner and the project management enterprise in the project managementcontract based on the scope, extent, content, complexity of the constructionworks.Service fee for construction project management shall be listed in theestimated budget for the works.Article 12 Principles to be appliedIn the course of implementing the project management contract, the projectmanagement enterprise and its staff shall abide by current national laws andregulations, construction procedures, and mandatory standards, and shallconduct project management in all fairness and good faith as well ascomplying with professional ethics and scientific methods.Article 13 IncentivesThe owner shall reward the project management enterprise with a certainpercentage of the cost savings for reasonable recommendations proposed andimplemented by the project management enterprise. Such incentive and thepercentage shall be specified under the contract between the parties.Article 14 Prohibited conductThe project management enterprise is prohibited from engaging in thefollowing conducts:1). Be affiliated with or has other interests or stakes in the constructioncontractor or suppliers of building materials, components, fittings andequipment for the said construction works;2). Undertakes construction for the said construction works in addition toproject management services;3). Transfer the whole of the contracted scope of project management servicesto others or divide it up and transfer the individual pieces to others;4). Allow, in any way, other enterprises and individuals to undertakeconstruction project management in its name;5). Collude with others to compromise the owner’s interests and damageproject quality.Article 15 Prohibited conductsProject management professionals shall not engage in the following conducts:1). Technical professionals with one or more practicing licenses shall notregister nor practice simultaneously in two or more enterprises;2). Accepting bribes or asking for paybacks or other favors;3). Requesting, either expressly or implicitly, other relevant parties to violatelaws and regulations or mandatory standards and to reduce project quality. Article 16 Supervision and AdministrationThe specific departments under the State Council and constructionadministrative authorities under the people’s government of each province orthe like shall strengthen its supervision and administration of the conducts ofthe project management enterprises and its personnel, set up a credit ratingsystem for the project management enterprises and their staff while punishingimproprieties such as violation of laws and regulations.Article 17 Guidance to be provided by each related industrial sectorsRelevant trade associations shall actively pursue trainings in constructionproject management, train construction project management professionals,prepare standards and rules of conduct for construction project management,guide and regulate construction project management activities, strengthenprofessional self-discipline and strive for the sound development ofconstruction project management.Article 18The Provisional Measures shall be subject to interpretation by Ministry of Construction.Article 19The Provisional Measures shall take effect on December 1, 2004.。