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1905 movie network news In 1905, the movie network APP specially launched the "Best Partner Cinema", which is a godsend opportunity, a tacit cooperation time and time again, and a kind of friendship of caring for each other … … Writing has become a classic on the big screen. Let these best partners cooperate with the film, which can be in your hands and broadcast happily!

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And Mahua FunAge’s old friends who are 100% funny and tacit;

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From the beginning to the end, he made a good action film that broke the record and made a name for himself.

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From 6.8 to 7.4, how did "Send me to Qingyun" take the wind to counterattack?

Special feature of 1905 film network "Good wind, with its strength, sent me to Qingyun."


This sentence was written by Cao Xueqin with the help of Xue Baochai in A Dream of Red Mansions. It is intended that when the secular reality is in front of him, he still believes that he can make a fortune from the wind.

 

Similarly, this is the voice of director Teng Congcong, the attitude of actor Yao Chen, and the gesture of the film.


Even if there are cass like Yao Chen and Justin, it is difficult to attract market love for such a work that lacks commercial elements.

 

The film opened last Friday (August 16th), and the proportion of film arrangement was only 2.3%, and it dropped to 1.5% the next day, and the box office on the first day was only 2,231,600.


"Send me to Qingyun" is a counterattack


With the screening of the film, word-of-mouth and film arrangement have been attacked all the way. Douban movies rose from 6.8 points in the early stage of release to 7.4 points today. The attendance rate of movies has also increased rather than decreased. Stimulated by word-of-mouth, the box office performance surpassed the first day, even though the number of national performances decreased by nearly 3,000 on the second day.


With the help of good reputation, the box office forecast of the film in the industry has risen from the initial 8.618 million to 22.161 million.


Today, the box office of this film has exceeded 10 million, which may be difficult to achieve over 100 million as Yao Chen’s film did last year, but it is of unusual value for such a film with a female theme.


At the premiere, Yao Chen, the producer and star of the film "Send me to Qingyun", said, "In real life, I see many excellent women who have their own independent thinking ability and personality, and what they are doing is also excellent. However, no matter on the big screen or the small screen, there are very few descriptions of such women, and some of them are just superficial, and they have not really penetrated into their souls. "Send me to Qingyun" is a rare film from the perspective of women, which discusses birth and death, women’s survival and sex, and the final goal is love. "


Therefore, the value of this film lies not only in the main creation behind the film, but also in the courage of the current female filmmakers to break the game.


The story is the director’s life experience.


In "Send me to Qingyun", in fact, nearly 30% of the stories come from Teng Congcong’s own life experience, even including the plot that Shengnan suffers from cancer.


After graduating from the director department of Beijing Film Academy, she worked with several commercial film crews. At that time, the crew would say to Teng Congcong, "If you don’t smoke or drink, such a woman can’t be a director. You have to turn yourself into a man."


When she is over 30, she is also easy to get into trouble, and often asks herself, how can she become a director? Of course, she believed what director Chao-Bin Su told her: If you want to be a director, you must first write your own script.


Teng Congcong and Yao Chen are on the set.


Therefore, Teng Congcong prepared this script. She spent two years investigating the profession of journalist. In 2014, she took the second draft to participate in venture capital. Although some people had investment intentions, they were not satisfied with the script, and they were all rejected by her on the grounds that she was "not good enough and could go further".

 

It was not until March 2017 that Teng Congcong felt that there was no way to make a breakthrough, and it was officially finalized.

 

After the final draft, the movie didn’t start smoothly, so with the recommendation of my friends, Don He, the producer of "Send me to Qingyun", handed the script to Yao Chen. "Dayao liked it very much after reading the book. Almost hit it off, and soon we decided to cooperate. " Later, they found the actor Justin. After reading the script, he decided to join in for free.


Not only "sex", but also "humanity"


Yao Chen once said after the film festival, "Send me to Qingyun" is a film with pure female logic. " Not only that, the film has an unprecedented expression of female lust.

 

Obviously, these are the most simple and "commercial" places of this film.


These symbols give the film a certain threshold for watching movies and block some male audiences. But in Teng Congcong’s own view, this is a female film, but it is not a feminist film.

 

It is true that "Send me to Qingyun" is only a film from the perspective of women, but it does not mean that it is only a film for women. If the two sexes are compared to a Libra, there are all kinds of men and women in the two sections of Libra. In the movie, behind the heroine "Sheng Nan", a group of different types of men are used as scales to pull each other’s balance.

 

There is indeed a deviation between the two sexes, but Yao Chen replied, "We’re talking about human nature, and we don’t make a gender distinction.And we are just talking about sexual repression, talking about being respected, and discussing these things is not aimed at gender. "


Every character is real.


In the movie, Yao Chen has a very direct line to Yuan Hong. Of course, the man’s last reaction was to flee. This also makes Liu Guangming, played by Justin, look particularly pitiful, and even has a "foul smell" after the contrast. "This role is not annoying. In fact, many girls who look strong and capable hope to have a Bai Yueguang in their hearts, and Justin is this moonlight."


Liu Guangming came to the countryside as a young man of literature and art, with a unique and frustrated temperament, which made Shengnan feel connected with his life. "So in the movie, the only time when Sheng Nan’s ideal was poured out was when they were talking on the boat."


In fact, this role was extracted by Teng Congcong from A Yi’s novel "North Fan", and even for this reason, she specially bought the right to use the characters. Including Liu Guangming’s recitation of pi, has also appeared in novels.

 

At the same time, the prototype of Mao Cui played by Li Jiuxiao is a friend of the director’s friend. "He is also a success theorist. He is handsome and has a lot of women around him, but he doesn’t really use his feelings."


Truth, freedom and magnanimity … … Perhaps these keywords are the commonness of the characters in the movie. Even the protagonist Sheng Nan is not a perfect woman. She has her own paranoia, but also her own dissatisfaction. This imperfection is like a tumor on a male, which is difficult to be ignored, but it can just cause empathy of others.


This work involving life and death, feelings and desires, and even the current situation of marriage and love, workplace crisis and other issues that contemporary women will face has aroused the resonance of many people, even some male audiences. "After watching the film festival, a friend went back to the hotel and cried. Said that I stole her life, she is the male. "

 

Now, "Send me to Qingyun" has become.


This is the break of "Sheng Men"


Before the release, the creators expected that it would be a film with polarized word of mouth.

 

In order to let more people know about this film, Yao Chen took the director and gave 11 in-depth dialogues on the topic of "Looking for the Same Kind" in five days, covering the whole well-known circle from literary men to intellectual women. Not only that, Yao Chen "boldly drove" on the Weibo, and once put the topic on a hot search.


Yao Chen DialogueMa Weiwei


After the release, Yao Chen paid for the dialogue, invited the audience who couldn’t arrange the film to watch the movie, and made an agreement with the team: We will never sell badly!


As mentioned in the article written by producer Don He before the film was released, "She ("Send me to Qingyun ") left too complicated ambition to explore the world, but she did not give up the pursuit of implicit cleanliness in expression, and still left the right to think to the audience. She twisted the bar and she was comfortable. "


Producer don river article


At the same time, Jiang Zhiqiang, the boss who invested in this film, also made a third circle of friends in his life.

 

He wrote: "I am grateful to Dayao for his unconditional love, efforts and persistence in the whole project as a producer. As long as one more audience can see and discuss with one voice, she is willing to run. I’m ashamed of this sincerity. Thanks to Yao, congratulations to Yao, you have proved the power of female filmmakers. "


Looking back, director Teng Congcong met actress Yao Chen, or the first wave of her "going to Qingyun". Of course, for the latter, the meaning of the former is also the same.


Director Teng Congcong and actor Yao Chen.


For the future, director Teng Congcong may not want to shoot any more literary films, but want to pick up the romantic comedy he wanted to shoot at first. "Female audiences need it too much!" . And in Yao Chen’s hand, another female-themed movie — — "Sweet Osmanthus Gone with the Wind", which tells the story of rural women chasing after their husbands for 17 years, has also been put on the agenda.


It is true that Yao Chen, like the hero in the movie, turned his predicament into a "good wind" and a "bad rabbit film", and took the initiative to find a role. In fact, it is also an inspiration to the female films and female filmmakers now.

 

Those actresses who shout that there is no role to play, it is better to choose their own roles and create them. After all, the "good wind" has always been there, and how to break through the wind is another state of mind. In the past, I might be worried that there would be no market, but now with "Find You" and "Send me to Qingyun", the audience has always been there.

AMD Store MI technology test analysis: black technology that can’t be returned after use?

  [PConline gossip]In the first test of X470 motherboard, we mentioned that X470 motherboard will give a software AMD StoreMI technology worth 19 dollars with the board. Unfortunately, the software used by AMD at that time was not perfect, so we failed to evaluate and analyze this technology at that time. Fortunately, many problems can be solved through time. Now we finally get the supporting software of AMD StoreMI. Let’s take a look at whether this technology is a chicken rib or an artifact to enhance the user experience.

  AMD StoreMI is a technology provided with X470 motherboard, which can be used as long as it is X470 motherboard. Its biggest function is to accelerate the traditional mechanical hard disk with slow reading and writing.

  Everyone knows that using SSD will be fast, but the 1TB SSD that can meet the storage needs of most consumers is too expensive, so now most consumers can only choose a compromise way, that is, install the system and frequently read and write files on the SSD with small capacity, and then put large files and games on the mechanical hard disk with slow reading and writing. The advantage of this is that compared with using only mechanical hard disk, our daily application system is very responsive in web browsing, viewing desktop files, etc., and the user experience is optimized without spending too much money, but the disadvantage is that the feedback of the system is still heartbreaking when reading and writing the file game program that starts the mechanical hard disk.

  butAMD StoreMI is to combine the HDD, SSD and part of the computer’s memory (up to 2GB of DDR4 memory) into a storage whole, and accelerate the HDD which was originally slow to read and write, so that we can fly quickly when reading and writing files on the mechanical hard disk..

  In our traditional mode of using computers, the file storage address needs to be managed manually by our users, but when AMD StoreMI is turned on, the system intelligent learning algorithm constantly optimizes the common file locations.Migrate frequently accessed files to the storage device with the fastest reading and writing speed..

  In fact, this function is similar to Intel’s Aoteng, which uses the devices with faster reading and writing as the cache of the devices with slower reading and writing to accelerate the devices with slower reading and writing. However, many consumers know that Aoteng has many shortcomings, such as occupying the M.2 interface and booting into the system before it can be used. So let’s take a look at whether AMD StoreMI technology has similar problems.

  This test platform adopts the combination of the flagship of the second generation Ryzen plus ASUS ROG C7H(WI-FI) and N hard disks for emergency use.

hardware platform
CPU+ motherboard AMD Ryzen 7 2700X+ASUS ROG Crosshair VII Hero (Wi-Fi) (X470 chipset) memory Zhiqi FLARE X 2400MHz 8GB×2 is set to 2666MHz. hard disc Samsung 860EVO 256GB
Yingchi Gamer 480GB
Western Digital Blu-ray Disc 2TB
Samsung 970EVO 1TB display card
Yingzhong GTX 1050TI
radiator Overclocking three Donghai X5
software platform
operating system Windows 10 official edition Graphics driver NVIDIA GeForce 390.65 WHQL BIOS version ROG-CROSSHAIR-VII-HERO-WIFI-ASUS-0509 Evaluation software
Hard disk reading and writing test:

CrystalDiskMark
AS SSD Benchmark
Anvil`s Storage Utilities
ATTO
Practical application test:
Game loading
start (the machine or engine)
File decompression
File transfer

  The main purpose of this test is to test whether the combination of mechanical disk and solid-state hard disk has a qualitative improvement in the reading and writing performance test and actual daily use of AMD StoreMI technology. Besides, it will also test the usability of this technology and analyze its advantages and disadvantages.

  First, we went to official website to download and install the software, and now official website has started to provide AMD StoreMI software downloads.

  There is nothing to say about the installation process. Although it is all in English, we just need to keep clicking Next, Next and Next. Near the end of the installation process, some users may pop up a warning, which means that some components of the software need to be installed with Java 1.7 or higher. Do you need to install it? Just point it out directly.

  After the installation, a shortcut to the software appears on the desktop. Obviously, the software has just been made, and there is no Chinese version. The dozens of pages of instructions for the software are also in English, which is really not very friendly to Chinese people. This needs to be spit out.

  Opening AMD StoreMI software is naturally in pure English. There will be two options displayed here. The first option is for users to have a shared hard disk of ssd and hdd, one of which has a system disk installed and the other is empty. Officials suggest users to install the system in the mechanical hard disk first. The second option means to build a StoreMI system without a system, and keep the partition and data of one hard disk, but not both hard disks..The third line, that is, the second option, is applicable when the user has three hard disks and wants to integrate two hard disks other than the system installation hard disk.

  For example, for example, my system is installed on the Galaxy Gamer 480GB, and I want to integrate Samsung 860EVO and Western Digital Blu-ray Disc through AMD StoreMI technology, so I chose the third option.

  Then it will ask the user whether the software can divide 2GB of memory as the accelerated cache of the merged hard disk. In order to test whether AMD StoreMI technology is really useful, we can choose here.

  We will soon see the prompt to create a new hard disk successfully.

  At this time, we open the disk management in my computer management, and we can see that disk 0 and disk 2 have no capacity, and they are merged into a new disk 4. Let’s simply call it AMD StoreMI hard disk first. Then let’s take a look at the performance of this new disk.

  In order to make the test results more intuitive, we also tested the reading, writing and practical application results of 860 EVO 256GB and 2TB of Western Digital Blu-ray Disc, and then we summed up the results of 860 EVO, Western Digital Blu-ray Disc and AMD StoreMI hard disk, and we can intuitively see whether this technology is useful.

AS SSD Benchmark test:

  Test summary:AMD StoreMI technology is really a new species for storage. In the traditional hard disk reading and writing test, we can see that AMD StoreMI hard disk has abnormal results in many tests. Let’s analyze them one by one. In terms of continuous reading and writing performance, the reading performance of AMD StoreMI hard disk is surprisingly high. You can still remember that when we used AMD StoreMI to create a new hard disk, we divided 2GB of memory as the cache of the new hard disk. According to this reading speed, we guess that the software is reading the speed measured by the data in the memory at this time. In terms of read response time, the read response time of AMD StoreMI hard disk is also bizarre, which can only be understood as that it takes a lot of time for the driver to find the read data in three different storage media (memory, SSD and HDD). Other reading and writing scores are more in line with expectations, far better than HDD, but slightly worse than SSD. Of course, testing with a single software doesn’t mean anything. Let’s continue testing.

CrystalDiskMark test:

  Test summary:Whether it is random reading or continuous reading, the performance of AMD StoreMI hard disk is still scary, but the performance of writing is not as good as that of pure SSD, and the test performance is consistent with that of AS SSD Benchmark.

DiskSpeedTest:

  Test summary:The relative performance of the three hard disks is basically consistent with the above software, but the reading performance of AMD StoreMI hard disk is not so off the charts.It seems that the software driver is not perfect., leading to different software test results are quite different.

Anvil`s Storage Utilities test:

Western Digital Blu-ray Disc 2TB

Samsung 860 EVO 250GB

AMD StoreMI hard disk

  Test summary: Anvil`s Storage Utilities can fully see the performance of a hard disk. The reading performance of AMD StoreMI here is still excellent, and the writing performance is slightly lower than that of Samsung 860 EVO.

ATTO Disk Benchmark test:

 
Samsung 860 EVO 250GB

Western Digital Blu-ray Disc 2TB

AMD StoreMI hard disk

  Test description:ATTO Disk Benchmark is a simple and easy-to-use software for detecting disk transmission rate, which can be used to detect the reading and writing rates of hard disks, USB flash drives, memory cards and other removable disks. It can monitor the reading and writing speed of storage devices for fragmentary files of various sizes. For example, a 4KB score is the reading and writing speed of many 4KB folders with a total size of 256MB. Theoretically, the more fragmented files, the slower the reading and writing speed of storage devices.

  From the test, it can be seen that AMD StoreMI has the highest efficiency when reading files with sizes of about 1 and 2MB, which can reach 7000MB/s, which is basically the reading and writing speed of memory, but it is strange that when the file size is larger than 2MB, the reading speed suddenly drops to around 4500 MB/s.

  Of course, the benchmark performance test can only reflect the theoretical performance of the hard disk, and we need to combine its performance in daily applications to draw a conclusion.

  Test summary:In various daily applications, AMD StoreMI hard disk is slightly inferior to Samsung 86 EVO 250GB in a file decompression test, and other performances are basically the same as Samsung 860 EVO 250GB. Let’s take a look at the stability of AMD StoreMI hard disk in transmission.

  After the test, let’s try to restore the hard disk. I have to say that this is the most troublesome part in a winter.

  We open the software of AMD StoreMI again. At this time, only the last option, Change Settings, can be selected. Because the original screenshot can’t be found in a winter, I will use the screenshot before AMD StoreMI hard disk was created as an auxiliary explanation. Please don’t kill a winter to sacrifice to heaven.

Pretend there’s a picture here

  At this point, we can click a Remove option, and the software will separate the two hard disks that have been fused together after clicking.And move all the data to HDD.

  This process is very long. This operation has not been completed until the end of work one winter. After about 3 hours, we can see that Disk 0 and Disk 2 are finally back.

  In addition, there is a quick way to remove StoreMI, that is, click Delete in Change Settings, so that the two disks will be restored to their original state at a fast speed, and of course all the data in them will be lost..

  In fact, AMD StoreMI is a technology that combines SSD and HDD into a hybrid hard disk through software. When we write a file, the system will first write the file into SSD, and then AMD StoreMI will intelligently judge whether the file is commonly used according to user habits.Keep the commonly used files in SSD, and the infrequently used files, such as audio and video, pictures, etc., will be moved to the mechanical hard disk when the disk is idle.. AMD official data also shows that when we replace SATA SSD with NVMe SSD, AMD StoreMI’s reading and writing speed will become the same as NVMe SSD.

New AMD StoreMI hard disk

970 EVO 1TB

  Then I tried it one winter, using Samsung 970 EVO 1TB and Western Digital Blue Disk 2TB to form a new AMD StoreMI hard disk, and the writing speed really became NVMe SSD level.

  We can also see that the reading speed of AMD StoreMI hard disk is very off the charts in the above test, which is probably the result of using memory to accelerate the new hard disk, but this is not very obvious in the actual application test, and the game loading speed is consistent with that of pure SSD.

  Conceptually, AMD StoreMI is a software that helps you manage disks and files intelligently.Put the commonly used software on SSD and the infrequently used software on HDD.Whether this software works or not actually depends on how intelligent it is. A smart housekeeper is a good housekeeper, and an unintelligent housekeeper is worse than nothing. This also means that this technology can be continuously improved through user feedback. Based on the above tests, in fact, the advantages and disadvantages of this technology are obvious, and we can list them separately.

  AMD StoreMI has three advantages, the most important of which is that it can intelligently help users manage file storage addresses, which is simply the gospel of lazy cancer patients, and many inventions that promote social progress in history are invented for lazy people; The second is that after this function is turned on, when I move files on this disk, I write them into ssd first, and then move them later. Then the file transfer is carried out at the transfer speed of SSD, and on the surface, the user seems to have a large-capacity solid state. Third, compared with Intel’s Opteron, we don’t need to buy additional hardware.

  However, the shortcomings of this technology are also obvious. If you use a relatively slag SSD and HDD to start this technology,If one day your SSD is scrapped, the data of your whole hard disk including HDD will be gone.; Finally, based on the above tests, we can find that the write performance of AMD StoreMI hard disk is slightly worse than that of the original pure SSD. No matter whether 860 EVO or 970 EVO is used, the performance of SSD will be partially lost. Finally, this technology is presented with the X470 motherboard. If you use the AMD 300 series motherboard and want to use this function, it will cost 19 dollars. At this time, consumers need to measure whether it is useful to themselves.

  Generally speaking, this technology is a good benefit for consumers who have purchased the X470 motherboard. If you have a reliable SSD, you can actually use this technology boldly. However, if you are not a user of the X470 motherboard, I suggest that you wait and see until this technology is more perfect. After all, it doesn’t even have a Chinese version of the manual, and it is still a very initial product.

Commercial streets that don’t rest, restaurants that don’t close … Guangdong has great economic potential.

  In Guangzhou at night, in addition to Midnight Food Store, where you can eat at any time, there is also a "24-hour bookstore" where the lights never go out. Greeting and sending, laughing and cursing have all disappeared, and the lights at 1200bookshop, Tianhe Sports East Road, Guangzhou, which is the first "24-hour bookstore" in Guangzhou, have never been extinguished. Nanfang Daily reporter Wu Weihong’s photo report

  No matter from industry reports or economic data, the activity of Guangdong’s night economy is in the forefront in China, and it has become an important force supporting Guangdong’s consumption upgrading and economic growth.

  From the commercial street that never stops, to the restaurant that never stops, and then to the factory workshop that never stops, Nanfang Daily reporters are divided into multiple ways, directly hitting the first scene of the vitality of Guangzhou, Shenzhen, Dongguan and other cities at night, and feeling the vitality of Guangdong cities at night.

  Commercial street without rest

  A street has an annual flow of 70 million people.

  "I didn’t expect Guangzhou to be so beautiful so late!" At 22 o’clock in the evening, Mr. Yuan from Yunfu couldn’t help but "show off" in the circle of friends after visiting the Beijing Road Pedestrian Street. The picture is the beautiful scenery of the Beijing Road Millennium Ancient Road ruins and the Big Buddha Temple at night.

  The green light at the intersection of Beijing Road Pedestrian Street lights up, and tourists from all over the world jostle shoulder to shoulder and walk in opposite directions. The traditional Cantonese-style riding downstairs, the lights of shops complement each other, and the tourists are constantly flowing.

  Beijing Road Pedestrian Street is the beginning of Guangzhou’s urban construction and a bustling commercial distribution center, and now it is the only place for foreign tourists to "punch in" for sightseeing in Guangzhou. On August 6th, Guangzhou Municipal Bureau of Commerce officially released "Guangzhou Night Consumption Map", which became one of the fifteen "Night Guangzhou" consumption landmarks.

  In front of the pedestrian street, there is a Guangzhou sightseeing bus waiting for guests on the roadside. According to the ticket seller, the sightseeing bus is divided into three tourist routes. The sightseeing bus at Beijing Road Pedestrian Street takes the Pearl River Night Line, and visitors can change to the Central Axis Night Line at Haixinsha.

  At 21: 20, the reporter boarded the last bus of the sightseeing bus and left the pedestrian street. The "small waist" alternating blue and red light show across the river attracted tourists’ eyes and camera lenses. An hour later, the reporter followed the crowd back to the pedestrian street, and half of the shops were still in normal business. The sign "Business as usual after 22: 00" was specially lit outside Yangzhonghui Mall in Guangdong.

  According to the data of Yuexiu District Government website, the daily average traffic of Beijing Road Pedestrian Street is 150,000 — 200,000 person-times, reaching 200,000 to 300,000 person-times on Saturdays and Sundays, and the annual traffic exceeded 70 million person-times.

  Shenzhen Nanshan Hi-tech Park is another scene. The nearby Gaobei Sixteen Creative Park is an exhibition hall during the day. At night, a stage is set up by the roadside, and wonderful performances are staged. Not far away, there are all kinds of local cuisines to attract pedestrians to stroll in the "open-air night market".

  "In recent days, the weather in Shenzhen has been continuously hot, and the cold beer and drinks in the store sell very well at night." Xiaomin, who works in a convenience store, has been working here for more than two years, 20-mdash; Between 22: 00 and 22: 00, the flow of people will increase, and the staff working in the science park will replenish energy and relax.

  Restaurants that don’t close

  At 10: 30 pm, the attendance rate is 80%

  Haiya Binfen City, located in Xin ‘an Street, Bao ‘an District, is one of the most densely populated areas in Shenzhen. Whenever night falls, people who get off work gather here to enjoy a rare leisure day.

  On weekdays, the busiest time in Haiya Colorful City is at night. Days of high temperatures, coupled with the summer vacation, many families bring their children to the business circle to enjoy dinner. In the restaurants on the fourth floor and the fifth floor, many popular shops quickly lined up outside.

  Jiaan village next door is brightly lit. At night, the most popular are barbecue shops and drink shops. In a stinky tofu shop that also runs barbecue, the reporter met Mr. Zhang who was waiting in line. "I’m from Hunan. This restaurant tastes good and I often visit it." In his eyes, Shenzhen is a city that never sleeps.

  "The sea breeze blowing slowly took away the pressure and fatigue of working during the day. It is very pleasant to meet friends here to get together, chat and listen to music." On the Happy Coast of Nanshan, Shenzhen, Miss Zhang from Nanshan Culture Company said that it is summer vacation, and there are movies suitable for children, as well as sea world and playground, which is very suitable for bringing children’s families to play.

  At 22: 30, the city entered the second half of the night, and the bar business in Haiya Colorful City began to flourish. The bar street on the first floor of Haiya Binfen City has an attendance rate of 80%. Mr. Li, who lives nearby, chose a seat and sat down. He said, "It’s still early. I made an appointment with a group of friends. On such a hot day, it is pleasant to have a beer with a few friends. After all, summer without beer is incomplete. "

  At the same time, half of the shops in Beijing Road Pedestrian Street are still open, and most of them have a attendance rate of 70% to 80%. There are seven or eight tables in Guangzhou Niuxiaozao No.6 Store, and occasionally a table is vacated and soon filled by tourists.

  A non-stop workshop

  The lighting rate of the industrial park reaches 90%

  In Huixing Industrial Park, located in Dalingshan Town, Dongguan City, it is still brightly lit at 21 o’clock in the evening. In the workshop, Li Fusheng and Peng Dahai are leading the team to intensively debug the intelligent production line of household appliances and overcome technical difficulties. Outside the workshop, trucks are waiting to transport the machinery and equipment produced by Huixing Zhizhi to the world.

  "Since the selected Dongguan ‘ Multiplication plan ’ After the pilot enterprises, morale doubled and orders doubled. Especially this year, our orders were very sufficient. Therefore, we were basically working overtime in the first half of the year. Since this year, the lighting rate of the entire industrial park has reached 90%. " Jude Zhong, chairman of Huixing Zhizao, said that taking the large-scale TV set assembly line of TCL Corporation Vietnam project as an example, the other party has strict requirements on product quality and delivery time. In order to ensure timely, quality and quantity delivery, workers gave up their rest time and took the initiative to work overtime to complete the delivery.

  In the five technology factories, the circuit board with the unique "ID card" printed on it "marched forward" along with the production line. When the circuit board "marched" to the scanning link of the code reader, the code reader made a "drip" sound. "This may be a defective product." Technician Xiao Wang picked up the problematic circuit board and scanned the QR code on the circuit board again. On-line platform can clearly query all links of raw material procurement, manufacturing and product transportation.

  "After online inquiry and backtracking of production links, we found that the problem appeared in the platen link." Xiao Wang picked up the walkie-talkie and said to his colleagues in the platen workshop, and it was already 0: 00 in the morning.

  Zeng Guoquan, chief executive officer of Wuzhi Technology, said: "It is normal for employees to work overtime. The production workshop of Wuzhi Technology is operating 24 hours a day. In order to maintain the normal operation of the workshop, employees are on three shifts."

  Planning and coordinating Qu Guangning, Zhang Zhichao, Zheng Jiaxin

  Reporter’s notes

  Night economy has become an important index to evaluate urban development.

  There are many indicators to evaluate the economic vitality of a city and a region, such as economic growth rate, corporate profits, the number of new enterprises, etc., but these are too far from life.

  As a result, another set of indicators has attracted more and more attention, and even become the reason why many young people choose cities: the number of movie screens, the coverage of 24-hour convenience stores, the number of first-line clothing brand stores, the driving time of the latest subway or bus, and the number and types of takeout … … It can be found that most of them are related to the night economy.

  Cities with better performance in these indicators represent richer consumption choices and better public services, which have a strong attraction to young people, and the arrival of more young people provides an indispensable force for urban development.

  Some economists once said: "The brightness of lights in a region at night is directly proportional to its GDP." Behind every lamp is a night consumption scene, and behind every consumption scene is a better and more diverse life demand, which brings more products and services to flow continuously at night.

  Consumption and production, intertwined at night in Guangdong, are rewriting many people’s daily lives and putting forward higher requirements for urban management.

  This kind of management is not only reflected in the maintenance of order in consumer places. Night economic prosperity needs to be supported by the developed tertiary industry, and the diversified tertiary industry is also a praise and embodiment of urban industrial diversity, tolerance and market activity. From this point of view, a city with a developed night economy not only reflects the strong vitality of the city, but also shows the optimization of the urban industrial structure, the strong sense of security of residents and the improvement of public services.

  Nanfang Daily reporter Wang Biao Ye Yongyin

  Mo Fan Peng Yuan

  Trainee reporter Huang Hongji Wang Chunyan

Collective dismissal of nurses: the professional dilemma of college nurses

Reporter Xia Jieyi Intern reporter Wei Zhaoyang

In June 2023, Li Li, a nurse from Inner Mongolia Stomatological Hospital (hereinafter referred to as "Stomatological Hospital"), received a notice from the hospital asking her to sign a resignation application. Lily feels expect the unexpected. She has worked in this hospital for three years, and hopes that she can continue to work. What makes Li Li feel suddenly is, "Party A in this resignation agreement is a property management company, which I have never heard of. At that time, the hospital leaders said that after signing this resignation agreement, they would give us a re-examination and solve the problem of turning positive. I didn’t think much and signed it immediately. "

Li Li told this magazine that she saw the recruitment announcement issued by the Stomatological Hospital in the second half of 2020. After registration, she passed the written test and interview and became a nurse in this public top three stomatological hospital. The examiner in the interview was the dean of the Stomatological Hospital at that time. She never knew there was another property company. Looking back now, the only thing that feels a little strange is that she didn’t remember signing any contracts when she joined the company. But in this Li Li’s past employment experience, it seems that it is not a big flaw. Before Li Li worked in a private dental clinic, there was no labor contract signed there. Moreover, she found out that some older nurses in stomatological hospitals did not have labor contracts.

What’s more, after joining the company, she was satisfied with the working environment of the hospital and felt that the working atmosphere was simple. "Every day, I came to work, and the cooperation with doctors was also very tacit, and there was no interpersonal problem." Compared with other public general hospitals, the working hours here are reasonable and the work intensity is not high, from eight to five. After working for three years, Li Li’s monthly income can basically reach six or seven thousand yuan, which is a good treatment in third-tier cities.

"I am very proud and cherish being a nurse in a top three hospital." Li Li said that three other nurses interviewed by Inner Mongolia Stomatological Hospital also expressed similar feelings. The only thing that makes the nurses feel the fly in the ointment is that the hospital has never paid them five insurances and one gold. "The old nurse in the hospital said that this is the rule here, so we will wait until it turns positive."

Li Li’s so-called "regularization" refers to signing a formal labor contract directly with the hospital. In the recruitment announcement issued in 2020, the oral hospital’s rhetoric about the treatment of nurses was vague: "Stomatologist posts enjoy the salary of Hohhot institutions and five insurances and one gold, while other posts are treated according to academic qualifications and other conditions." It has been Li Li’s expectation for three years to become a formal contract worker and enjoy the same salary as the staff. However, in June 2023, after she and more than 40 nurses signed the resignation application according to the requirements of the hospital, they failed to wait for the news of "turning positive", but waited for the notice of the hospital that "the contract will not be renewed when it expires".

The hospital told the nurses whose contracts expired that they were actually employees of Lido Property in Inner Mongolia, a third-party labor dispatch company hired by the hospital, and because the cooperation relationship between the hospital and the company was terminated, the nurses automatically "resigned". Subsequently, the hospital signed a temporary labor contract with the nurses. According to the contract, nurses can continue to work in the hospital until December 31, 2023, and they must leave when a new batch of recruited nurses enter the job.

Most of these nurses joined in 2020, but there are also some old employees who have worked for 5 years and 8 years, including many lactating mothers and pregnant women. They not only spent the growth period of rapid performance growth with the hospital, but also experienced the test of epidemic situation for 3 years. "I remember sending us to the community site for support in February 2022. On that day, it was MINUS 10 degrees Celsius, and the snow was very thick. We stood in the outdoor tent, repeatedly applying disinfectant and collecting nucleic acid, and our hands were frozen purple and unconscious. A colleague also fell into the problem of shaking hands, which has not been good so far. When the infection tide broke out in Hohhot, we were sent to the shelter for three months. In order to track the positive patients regularly, we often got up in the early morning to collect nucleic acids, and we could only sleep for three or four hours every day. Because of mental stress and lack of rest, a pregnant colleague also gave birth, and we were all heartbroken. During the epidemic prevention and control period, the hospital promised that we would solve the problem of turning positive when we came back. Why is it all different now? " Li Li felt cheated and thought that the reason why the hospital let them leave was unreasonable. She decided to ask the hospital for an explanation with other nurses.

Are nurses employees of a third-party labor dispatch company? On this point, both sides hold their own words. The hospital’s president, Da Mou, said that the nurses signed a labor contract with Lido Property Company in Inner Mongolia when they joined the company, and the hospital kept the contract evidence. Damou admitted that since the nurses joined the company, the property company has never paid five insurances and one gold. "We will urge them (the property company) to solve the problem as soon as possible, and the compensation will be compensated."

Several interviewed nurses told us that the so-called contract signed with the property management company was a contract with blank and unknown content after the hospital asked them to sign the resignation application in June 2023. After the resignation dispute, they obtained a copy of the contract from the hospital and found that Party A wrote "Lido Property Company in Inner Mongolia" and Party B’s post said "Care Worker". Nurses think that this is the hospital’s "stealing the column", and "our nurse’s practice certificates are all registered in the stomatological hospital. How can we change from nurses to nursing workers?"

Why did you end the employment of these nurses? Dean Damou explained that these oral nurses who were forced to leave their jobs were indeed "outstanding" in their usual work performance, and it was not easy to cultivate them. However, last year, the Hohhot Municipal Health and Wellness Committee (hereinafter referred to as the "Health and Wellness Committee") issued a regulation for all affiliated hospitals, requiring nurses who participated in the open recruitment examination to have a bachelor’s degree or above. "At that time, the nurses took part in the examination, which was not a formal examination organized by the hospital and controlled by the Health and Health Commission, but was organized by the property management company … We are also a tertiary hospital now, and people entering tertiary hospitals are required to take the examination. Most of these nurses are junior college and secondary school students. After the promulgation of the new regulations last year, it is a bit difficult for them to turn positive. "

According to the hospital, the relationship between these nurses and the hospital is labor dispatch rather than labor. According to the Interim Provisions on Labor Dispatch issued by Ministry of Human Resources and Social Security, China, employers can only use dispatched workers in temporary, auxiliary or alternative jobs; The duration shall not exceed 6 months, and the number of dispatched workers used by the employing unit shall not exceed 10% of its total employment. A lawyer who has served as a legal adviser to several hospitals and handled similar labor disputes told this magazine that nurses belong to the core position of the main business of hospitals and cannot be regarded as temporary, auxiliary or alternative positions. In addition, most of the nurses employed by Inner Mongolia Stomatological Hospital have worked for more than three years, accounting for nearly 17% of the total staff.

Inner Mongolia Stomatological Hospital, formerly known as "Hohhot Stomatological Hospital", was founded in 1985. It is located near the South Second Ring Road in Yuquan District, Hohhot, in the east of the First Hospital of Hohhot. It is a four-storey blue-and-white building, which is not very eye-catching, with only more than 230 employees in the hospital. Li Li remembers that when she was a student, this stomatological hospital was not well-known among nurses, and all the students from junior colleges went to large public general hospitals with better pay.

Six or seven years ago, Hohhot Stomatological Hospital embarked on the fast lane of rapid development. In 2017, it was approved as the "core unit of the National Center for Clinical Medicine of Stomatology", and passed the top three evaluation in December 2018, becoming the only public top three stomatological hospital in Inner Mongolia Autonomous Region, and was awarded the excellent performance appraisal unit of municipal institutions in the next year. According to the official website information of the hospital, the business volume of the hospital increased by 631.4% in 2020 compared with that in 2012. In the performance appraisal of the national tertiary public hospitals in that year, Hohhot Stomatological Hospital ranked 28th in the national tertiary public stomatological hospital.

Perhaps due to the rapid growth of business volume, Hohhot Stomatological Hospital started a wave of large-scale recruitment. According to its WeChat official account information, the hospital issued five recruitment announcements from 2018 to 2020, recruiting dozens of medical staff. At that time, nursing education only required junior college. Most of the nurses who were forced to "leave" this time entered the hospital in two large-scale recruitment in 2020.

Li Li was born in the countryside around Hohhot. Her father was a truck driver, her mother was a housewife, and her parents’ education level was less than junior high school. Li Li followed her parents to work in the city since she was a child, lived a poor life and rented a house. Her primary school and junior high school were both studying in Hohhot, but because she failed to settle down in the city, the senior high school had to go back to the county near her hometown to study, and in 2016, she was admitted to a junior college nursing major in Inner Mongolia.

Li Li chose nursing major at that time because of "good employment". According to the statistics of the National Health and Family Planning Commission (now the National Health and Hygiene Commission), by the end of 2015, the total number of registered nurses in China was 3.241 million, and the national doctor-nurse ratio was only 1∶1.07, which just reached parity, and there was still a great gap in the demand for nurses. At that time, the qualifications of nurses were mainly secondary school students and junior college students, and nurses with bachelor degree or above only accounted for 14.6%. Nursing major is an excellent choice for rural children with low education like Li Li. "I don’t have to worry about finding a job, I can go to a big hospital, and my income is stable."

But when Li Li graduated in 2019, the situation in the job market has changed. "I have signed up for several public top three hospitals, and the competition is particularly fierce. Hundreds of people compete for several positions. The most exaggerated one even recruits 20 people with more than 3,000 people." Li Li took part in three or four written tests in public hospitals, but failed to make the shortlist, so she had to work in a private dental clinic first.

Rollin Wang, another nurse who joined in the same period, recalled that in 2020, there were more than 70 nurses recruited in two batches, and their life trajectories were very similar-most of them came from rural areas in Inner Mongolia or migrant workers’ families in Hohhot, and graduated from technical secondary schools or junior colleges. In addition to the fresh graduates, there are some former graduates who have been employed in private dental clinics and township health clinics, and signed up after seeing the recruitment information of stomatological hospitals. It was through this channel that Rollin Wang successfully passed the written examination and interview, and became a nurse in this public 3A stomatological hospital.

"I felt very lucky at the time." Rollin Wang said that among the college students in the same period, only about 10% were able to go to public 3A hospitals. Compared with large general hospitals, stomatological hospitals are not high in work intensity, and there are almost no night shifts; Compared with private clinics, nurses will not be assigned sales tasks, there is no performance pressure, and their positions are more stable.

Working in a stomatological hospital, Rollin Wang often stops for a whole day, but because she likes it, she seldom feels tired. Her job is mainly to clean and prepare instruments, and provide timely assistance to doctors according to patients’ different conditions. Years of four-handed operation (the work of stomatology needs doctors and nurses to work together) have formed a solid tacit understanding with doctors in departments. "Basically, I can predict the next operation of doctors, and I can know what they need with one look."

As the only public top three stomatological hospital in Inner Mongolia Autonomous Region, there are a lot of tourists here. Many nurses recalled that during the three-year epidemic, the traffic of stomatological hospitals was still growing, and many patients came from other counties and cities in the province. "After 8: 00 in the morning, it is difficult to get the number. The waiting room is full from morning till night, and the doctors in the outpatient department have to work overtime for an hour or two every day to finish reading it." In the second half of 2022, due to the outbreak of the epidemic in Inner Mongolia Autonomous Region, the hospital stopped for about three months, but even so, Rollin Wang remembered that in 2022, the leader mentioned in his year-end speech that the hospital still made a profit of nearly 5 million, which was "rare among peers". Nurses recalled that during their work, their monthly performance income rose by nearly 1000 yuan every year.

Because they "cherish" this job, the nurses have been waiting patiently for the job. However, at the end of July and the beginning of August, 2023, Hohhot Stomatological Hospital passed the third-class review, and was upgraded from a municipal hospital to a provincial hospital, renamed "Inner Mongolia Stomatological Hospital". It was also around this time that the hospital leaders told the nurses that "the contract will not be renewed when it expires".

In October, 2023, Stomatological Hospital issued a new announcement on the selection of human resources service companies to undertake personnel recruitment and examination services. More than a month later, the hospital issued a recruitment announcement again, recruiting personnel with filing system, including 58 nurses, but requiring full-time undergraduate education or above. This made Li Li more worried about her future. She found it difficult to find another job as a nurse in a public hospital. "Most of our nurses are now in their 30s. I am old and the time has passed. I really don’t know where else to go. "

In the job market of nursing specialty, the water temperature has been changing. One of the most obvious changes is in the academic requirements.

After combing the recruitment announcements of contract staff in nine hospitals affiliated to the Health and Health Commission of Hohhot, we found that from 2014 to 2018, only one hospital required nurses to have a bachelor’s degree or above, but from 2019 to 2023, most hospitals upgraded the requirements of nurses’ academic qualifications to a bachelor’s degree, and the number of specialist registration positions was obviously limited. After 2023, all three hospitals that publish nurse recruitment information require a bachelor’s degree or above.

At the same time, the academic structure of nurses is also changing. According to the data of National Health Commission, in 2022, 30.4% of nurses in China had bachelor degree or above, while in 2015, only 14.6% had bachelor degree or above. The expansion of academic qualifications has brought about an overall rise in the hospital’s recruitment requirements for nurses. Many graduating nursing college students told this magazine that in the past two years, public top three hospitals in first-tier cities and provincial capitals have almost stopped recruiting college students. A college student in Guangzhou said: "In the past, three or four offer were randomly selected, but now the junior three can’t get in, and even the mental hospital in my hometown (Shantou) has to be an undergraduate."

A student from Fujian College told us that only 10% of the outstanding students in the class can find jobs in public top-three hospitals, and some students are diverted to ordinary public hospitals in small cities in the fourth and fifth lines, but half of them still failed to get an offer, and they were unsuccessful in exams in which thousands of people competed. Some students choose to continue to upgrade their academic qualifications, but cruelly, many hospitals will indicate in their recruitment announcements that they "do not accept undergraduate courses".

Some well-known hospitals have higher academic requirements for nursing staff than undergraduate courses. In November, 2023, the academic requirements for recruiting nursing staff in some positions in the Second Hospital of West China were Master’s degree, which caused public outcry. According to the data of official website of West China Second Hospital, as of December 2022, there were 1,600 nurses in the nursing department of the hospital, with a total of 1,295 undergraduate degrees, accounting for 81%; There are 107 graduate students, accounting for 7%, including 7 doctors.

In this dispute over nurses’ resignation, Da Mou, president of Inner Mongolia Stomatological Hospital, said that the Hohhot Health and Health Commission is taking the lead in solving the employment problem of these nurses, providing some posts in community hospitals, township health clinics and private stomatological clinics, and recommending nurses to compete for employment. However, many nurses said that they still want to continue to work in the stomatological hospital, which has both practical considerations and emotional needs. Rollin Wang expressed a sense of disappointment and anger at being abandoned: "We have survived the epidemic with the hospital and the top three review, but now we are forced to leave."

What puzzles these nurses who are caught in the resignation dispute is, is it true that their years of work experience in stomatology is not as valuable as their academic qualifications? Nurses are not "sophisticated" but more practical jobs. Should academic qualifications be used as a one-size-fits-all entry threshold?

Shao Dongsheng used to work in Beijing Stomatological Hospital, and now he is the director of Beijing Xinhe Dental Clinic, Prosthetic Department and Implant Department, with nearly 20 years’ experience. In his view, if a new nurse is not majoring in oral nursing or stomatology, but graduated from a general clinical major, it will take at least one to two years of training to become a qualified oral nurse: "A good oral nurse, you should know everything the doctor knows, the difference is that you can’t do it. Just say that pulling out a tooth, different dental conditions, what anesthetic to prepare, how much to use, what needles and instruments to use, you must be clear, you can’t wait for the doctor to say, otherwise it will prolong the tooth extraction time and aggravate the patient’s fear. "

Yuan Tian, a nurse who has worked in Inner Mongolia Stomatological Hospital for several years, is also one of the nurses who were forced to leave this time. After the contract expired, the hospital asked an experienced old nurse like her to stay for two more months and bring out the "new nurse". On one occasion, during tooth extraction, the patient swallowed and inhaled by mistake and went into anaphylactic shock. The new nurse was at a loss and almost missed the golden first aid time. "It’s just a work detail. It’s not easy to take a model for the patient, but it takes a long time to practice to take out a complete tooth model without making the patient sick and hurting his mouth."

In the interview with our reporter, many doctors in stomatology believe that the service level of nurses in this specialty is higher, and the service level is largely derived from the familiarity of the business, not the absolute level of education-the stomatology specialty requires doctors and nurses to operate with four hands, and the old nurses are familiar with the doctor’s treatment process and operating habits, but the new nurses are unfamiliar with the business, which will prolong the treatment time and reduce the sense of experience. "A very good nurse in our department is a college degree. After working here for five or six years, one person can top 10 people. When the doctor is busy, she will collect patients’ information and condition in advance, coordinate patients to go to different departments for examination, and give the most efficient plan according to the flow of people in the hospital. After the doctor finishes the treatment, she will also take the initiative to explain the precautions to the patient, and continue to observe and pay a return visit. But among young nurses nowadays, it is becoming more and more scarce to do this. " The chief physician of a public 3A stomatological hospital said.

China Hospital Talent Management and Discipline Management Committee is a think tank dedicated to the multi-dimensional connotation construction of hospitals. Its chairman Han Gendong and the nursing discipline health evaluation class Yang Mingying told this magazine that there are actually other solutions for experienced and outstanding medical staff with low academic qualifications, instead of repaying them across the board. Although in order to realize the positioning of "providing care for difficult and critically ill patients", the requirements of tertiary hospitals for nurses’ academic qualifications are generally higher, but for nurses with low academic qualifications who have been employed, they encourage hospitals to adopt the following strategies: "First, cooperate with relevant educational institutions to provide on-the-job education opportunities for medical staff with low academic qualifications, such as adult education, evening classes, self-study exams, etc.; Second, organize regular internal training, including professional knowledge, operational skills, communication skills and other content, to enhance their professional ability and comprehensive quality; Third, formulate appropriate professional title promotion policies to encourage low-educated medical staff to improve their own level. "

Damou, president of Inner Mongolia Stomatological Hospital, said that if nurses want to come back to work, the only way is to upgrade their academic qualifications and then participate in the open recruitment of hospitals. However, a "college-upgraded" nurse told this magazine that she had consulted the hospital personnel department about whether her education was qualified or not, but she was still rejected. "Personnel said that the first education must be a full-time undergraduate."

(At the request of the interviewee, Li Li, Rollin Wang and Yuan Tian are pseudonyms.)

Be clear at a glance! Comparison table of new and old provisions of the Provisions on Evidence in Civil Procedure (implemented on May 1, 2020)

On December 25, 2019, the Supreme People’s Court announced the "About Revision"

<关于民事诉讼证据的若干规定>Decision "(hereinafter referred to as the" Regulations on Evidence "), which will come into force on May 1, 2020.

It has been 18 years since the Regulations on Evidence came into effect on April 1, 2002. During this period, the Civil Procedure Law has undergone three revisions in 2007, 2012 and 2017, and in 2015, "the Supreme People’s Court on Application"

<民事诉讼法>Interpretation of "(hereinafter referred to as" Judicial Interpretation of Civil Procedure Law ") has been promulgated and implemented, and rich experience has been accumulated in the application of the rules of proof and evidence identification in trial practice. As a guide to civil litigation evidence, the Evidence Regulations also need to be improved and supplemented urgently.

There are 100 articles in the revised Provisions on Evidence, only 11 articles in the original article are retained, and the others are new and modified articles. Modifications and additions are mainly reflected in the following aspects:

First, modify and improve the rules of self-admission of the parties, so as to better balance the exercise of the right of disposition of the parties and the need for the people’s court to find out the facts;

Second, improve the system of "documentary evidence giving orders" and expand the ways for the parties to collect evidence;

Third, improve the system of parties’ and witnesses’ oaths and appraisers’ promises, as well as the sanctions for false statements by parties and witnesses and false appraisal by appraisers, so as to promote the construction of the integrity system in civil litigation;

Four, clear the scope of electronic data and electronic data review and identification rules.

This paper will focus on the above four aspects, so that readers can quickly get the essence of the new regulations. At the same time, in order to facilitate comparative study, this paper also attaches the old and new comparison tables for readers to learn and understand.

one

About self-admission

In civil litigation, one party does not need to prove the fact that it is unfavorable to itself. The parties admit the facts that are unfavorable to them, which is called "admission". "Confession" will have the legal consequence of exempting the other party from the burden of proof. Articles 3 to 9 of the Evidence Regulations have improved the system of self-admission:

1. The provisions on self-admission of entrusted agents have been revised. The original "Evidence Regulations" stipulated that if an unauthorized agent’s recognition of the facts directly led to the recognition of the other party’s claim, it would not be regarded as self-admission. The new "Evidence Regulations" has relaxed the scope of the principal-agent confession. "Except for the matters explicitly excluded by the power of attorney, the confession of the agent ad litem is regarded as the confession of the parties". That is, there is no longer a distinction between special authorization and general authorization. As long as the power of attorney is not explicitly excluded, the admission of the litigation agent is regarded as the admission of the parties. This article is amended as the embodiment of "estoppel principle" in the civil procedure law. At the same time, agents ad litem should be more cautious in the trial and avoid admitting the facts that are unfavorable to the parties at will.

2. The provisions on admission in joint action have been added. According to Article 6 of the new Evidence Regulations, common class actions and necessary class actions are distinguished:

(1) In common class action, the self-admission effect of one person or several people is only limited to themselves, and it does not produce self-admission effect for those who do not admit themselves;

(2) In the necessary joint action, it is deemed to be self-admission only if everyone agrees, and it is deemed to be self-admission if it does not admit or deny that the opinions are not clear after the court explanation.

3. Provisions on restriction and conditional admission have been added. In practice, the fact that one party claims against the other party is not always fully acknowledged, and sometimes it is conditionally and partially acknowledged. Article 7 of the new "Evidence Regulations" provides a general review rule for confession in this case, that is, "whether it constitutes confession is decided by the people’s court based on the comprehensive case situation".

4. The conditions for revoking admission have been revised. The original "Evidence Regulations" stipulates that if the other party agrees, or there is evidence to prove that the confession was made under duress and major misunderstanding, and it is inconsistent with the facts, it can be withdrawn. The new "Evidence Regulations" relaxes the conditions for the latter, that is, as long as it can be proved that the confession was made under duress and major misunderstanding, it is not necessary to prove that the confession is inconsistent with the facts, and it can be withdrawn before the end of the court debate, which reduces the standard of proof in this case.

two

About "Documentary evidence gives orders"

"Documentary evidence makes an order" was created by Article 112 of Judicial Interpretation of Civil Procedure Law, which stipulates: "If documentary evidence is under the control of the other party, the party who bears the burden of proof may apply to the people’s court in writing to order the other party to submit it before the expiration of the time limit for proof. If the reasons for the application are established, the people’s court shall order the other party to submit it, and the expenses arising from the submission of documentary evidence shall be borne by the applicant. If the other party refuses to submit it without justifiable reasons, the people’s court may determine that the documentary evidence advocated by the applicant is true. " Articles 45 to 48 of the new Evidence Regulations have improved the system.

1. The application conditions for "documentary evidence to make an order" are clarified. If one party applies to the court to order the other party to submit documentary evidence, it shall submit an application stating: (1) the name or content of documentary evidence; (2) the facts to be proved and their importance; (3) The other party controls the documentary evidence. Correspondingly, if the documentary evidence stated by the parties is not clear, it is unnecessary to prove the facts to be proved, or the facts to be proved have no substantial influence on the judgment result, and the documentary evidence is not under the control of the other party, the people’s court will not approve the application.

2. Incomplete list of the scope of documentary evidence that the parties who control documentary evidence should submit. Including: (1) cited in litigation; (2) made for the benefit of the other party; (3) The other party has the right to consult and obtain according to law; (4) original vouchers for account books and bookkeeping; (5) others.

3. The legal consequences of not submitting documentary evidence as required. If the party who controls the documentary evidence refuses to submit it without justifiable reasons, or destroys the relevant documentary evidence or commits other acts that make the documentary evidence unusable for the purpose of obstructing the use of the other party, the people’s court may determine that the documentary evidence claimed by the other party is true.

three

On the "Appraisal Duty" of Judges and Appraisers

Because "appraisal is not included in the trial limit" and in many cases, the appraisal result directly determines the judgment result, in practice, the situation of appraisal delay and "judging by reference" is more prominent. The new "Regulations on Evidence" defines the responsibilities of judges and appraisers in the appraisal procedure:

1. Clarify the responsibilities of judges in the appraisal procedure. (1) Article 32 of the new "Provisions on Evidence" makes it clear that the judicial personnel shall specify the matters, scope, purpose and time limit of appraisal in the power of attorney. (2) Article 34 stipulates that judges shall organize the parties to cross-examine the appraisal materials.

2. Clarify the responsibilities of appraisers in the appraisal procedure. (1) Article 33 of the new "Evidence Regulations" stipulates that appraisers should sign a letter of commitment to be objective and fair, and guarantee to testify in court. In case of false appraisal, the people’s court shall order the refund of appraisal fees and impose penalties. (2) Article 35 stipulates that the appraiser shall complete the appraisal within the time limit determined by the people’s court, otherwise, the parties may apply to the people’s court to entrust another appraiser, and the appraisal fee charged by the original appraiser shall be refunded. (3) Article 42 stipulates that if the appraiser cancels the appraisal opinion without justifiable reasons, the appraisal fee shall be refunded, and the people’s court shall punish him, and support the party’s claim that the appraiser shall bear reasonable expenses.

four

About electronic data

With the development of Internet technology, the importance of electronic data has become more and more prominent, and the provisions on electronic data evidence have also been the focus of the revision of civil procedure law and the formulation of judicial interpretation in recent times. The new "Regulations on Evidence" goes further on this basis:

1. The scope of electronic data is specified. Article 14 of the "Regulations on Evidence" is an incomplete list.

2. Clarify the identification of the original electronic data. Article 15 gives an expanded explanation to the "original" of electronic data, that is, "a copy made by the producer of electronic data that is consistent with the original, or a printed copy directly derived from electronic data or other output media that can be displayed and identified, is regarded as the original of electronic data", that is to say, the directly printed mobile phone WeChat record and the storage USB flash drive of burned video submitted in court can all be regarded as the original.

3. The review rules of electronic data are clarified. Article 93 stipulates the elements for determining the authenticity of electronic data, including whether the hardware and software environment of the computer system on which the generation, storage and transmission of electronic data depend is complete, reliable and normal. Article 94 stipulates five situations (unless there is enough evidence to the contrary) to infer the authenticity of electronic data, including five situations submitted by the parties that are unfavorable to them, preserved by a neutral third party, formed in the normal business activities, preserved by file management, preserved, transmitted and extracted in the manner agreed by both parties.

4. It is clear that the provisions on documentary evidence are applicable to electronic data evidence. Documentary evidence is one of the main forms of evidence to determine the facts of a case in a civil case. Electronic data is similar in stability and objectivity to documentary evidence. Article 99 of the new "Evidence Regulations" clarifies that the provisions on documentary evidence apply to electronic data, which makes the rules for determining electronic data determined.

Of course, in addition to the above four parts, there are many other "bright spots" in the new Rules of Evidence, such as: limiting the fact of exemption from evidence determined by the effective judgment of the people’s court to "basic facts"; Limited the scope of extraterritorial evidence that needs to be certified by Chinese embassies and consulates in the country; It stipulates the procedural elements of signing and reading the letter of guarantee before the parties make a statement; It stipulates the interpretation system to prevent the referee from raiding; It stipulates the connotation and extension of new evidence, the punishment for overdue submission of evidence and so on.

Limited by the length of this article, I will not analyze it in detail. Readers can learn from the following old and new comparison tables.

Provisions of the Supreme People’s Court on Evidence in Civil Proceedings (New)

[Fa Shi [2019] No.19]

Provisions of the Supreme People’s Court on Evidence in Civil Proceedings (Old)

【 Fa Shi [2001] No.33 】

[Law Interpretation [2008] No.18 revised the serial number of the cited articles]

First, the parties provide evidence

Article 1 When the plaintiff files a lawsuit in a people’s court or the defendant files a counterclaim, it shall provide corresponding evidence that meets the conditions for prosecution.

(Article 1 of the old regulation is amended)

Article 1 When the plaintiff files a lawsuit in a people’s court or the defendant files a counterclaim, it shall be accompanied by corresponding evidential materials that meet the conditions for prosecution.

The new rules have been deleted.

Article 2 The parties have the responsibility to provide evidence to prove the facts on which their claims are based or the facts on which they refute the other party’s claims.

If there is no evidence or the evidence is not enough to prove the facts of the parties, the parties with the burden of proof shall bear the adverse consequences.

Article 2 The people’s court shall explain the requirements and legal consequences of giving evidence to the parties, so as to urge the parties to give evidence actively, comprehensively, correctly and honestly within a reasonable period of time.

Evidence that the parties cannot collect by themselves due to objective reasons may apply to the people’s court for investigation and collection.

(Article 3 of the old rules)

Article 3 The people’s court shall explain the requirements and legal consequences of giving evidence to the parties, so as to urge the parties to give evidence actively, comprehensively, correctly and honestly within a reasonable period of time.

Evidence that the parties cannot collect by themselves due to objective reasons may apply to the people’s court for investigation and collection.

The new rules have been deleted.

Article 4 The following tort litigation shall bear the burden of proof in accordance with the following provisions:

(1) In a patent infringement lawsuit caused by a new product manufacturing method invention patent, the unit or individual that manufactures the same product shall bear the burden of proof that its product manufacturing method is different from the patented method;

(2) In an infringement lawsuit that causes damage by highly dangerous operations, the injurer shall bear the burden of proof for the fact that the victim intentionally causes damage;

(3) In a lawsuit for damages caused by environmental pollution, the injurer shall bear the burden of proof on the exemption provided by law and the fact that there is no causal relationship between his behavior and the damage result;

(4) The owner or manager shall bear the burden of proof for the tort lawsuit that the building or other facilities and the shelving and hanging objects on the building collapse, fall off or cause damage;

(5) In an infringement lawsuit that causes damage to people by raising animals, the animal keeper or manager shall bear the burden of proof that the victim is at fault or the third party is at fault;

(6) In the case of infringement litigation caused by defective products, the producer of the products shall bear the burden of proof for the exemption provided by law;

(7) In an infringement lawsuit that causes damage to people due to joint dangerous behavior, the person who commits the dangerous behavior shall bear the burden of proof that there is no causal relationship between his behavior and the damage result;

(eight) the medical institution shall bear the burden of proof that there is no causal relationship between the medical behavior and the damage result and that there is no medical fault in the infringement lawsuit caused by medical behavior.

Where the relevant laws have special provisions on the burden of proof in tort litigation, those provisions shall prevail.

Article 5 In a contract dispute case, the party who claims that the contract relationship is established and effective shall bear the burden of proof for the fact that the contract is concluded and effective; The party who advocates the change, dissolution, termination or cancellation of the contractual relationship shall bear the burden of proof for the facts that caused the change of the contractual relationship.

In case of any dispute over the performance of the contract, the party who has the obligation to perform shall bear the burden of proof.

In case of any dispute over the right of agency, the party claiming the right of agency shall bear the burden of proof.

Article 6 In labor dispute cases, if a labor dispute occurs due to the decision of the employer to dismiss, remove the name from the list, dismiss, terminate the labor contract, reduce the labor remuneration, and calculate the working years of the workers, the employer shall bear the burden of proof.

Article 7 When there are no specific provisions in the law and the burden of proof cannot be determined according to these provisions and other judicial interpretations, the people’s court may determine the burden of proof according to the principles of fairness and good faith, taking into account the parties’ ability to provide evidence and other factors.

Article 3 In the course of litigation, if one party states the facts that are unfavorable to him or explicitly acknowledges the facts that are unfavorable to him, the other party does not need to prove them.

In the process of evidence exchange, inquiry and investigation, or in written materials such as complaints, pleadings and proxy words, if the parties explicitly admit the facts that are unfavorable to them, the provisions of the preceding paragraph shall apply.

(The first paragraph of Article 8 of the old regulations is revised)

Article 8 In the course of litigation, if one party explicitly acknowledges the facts of the case stated by the other party, the other party does not need to provide evidence. Except for cases involving identity relations.

If the facts stated by one party have not been acknowledged or denied by the other party, and the judges have fully explained and asked, but they still do not clearly affirm or deny them, it shall be regarded as the recognition of the facts.

If a party entrusts an agent to participate in the litigation, the recognition of the agent shall be regarded as the recognition of the party. Except for the fact that the recognition of facts by an agent without special authorization directly leads to the recognition of the other party’s claim. If a party is present but does not deny the recognition of his agent, it shall be regarded as the recognition of the party.

If the parties withdraw their recognition before the end of the court debate and get the consent of the other party, or there is sufficient evidence to prove that their recognition was made under coercion or gross misunderstanding and is inconsistent with the facts, the other party cannot be exempted from the burden of proof.

Article 4 If a party neither admits nor denies the fact that the other party claims to be unfavorable to him, but after being explained and questioned by the judges, he still does not clearly affirm or deny it, it shall be regarded as an admission of the fact.

(The second paragraph of Article 8 of the old regulations is revised)

Article 5 Where a party entrusts an agent ad litem to participate in a lawsuit, the agent ad litem’s admission shall be regarded as the party’s admission, except for matters expressly excluded by the power of attorney.

If a party explicitly denies the admission of an agent ad litem in the presence, it shall not be regarded as admission.

(The third paragraph of Article 8 of the old regulations is revised)

Article 6 In a common class action, the admission made by one or more of the co-litigants shall have effect on the party who made the admission.

In a necessary joint action, if one or more of the co-litigants make an admission and the other co-litigants deny it, it will not have the effect of admission. If other co-litigants neither admit nor deny, but still do not express their opinions clearly after being explained and inquired by the judges, it shall be regarded as self-admission of all co-litigants.

(New provisions)

Article 7 If one party restricts or attaches conditions to the fact that the other party claims to be unfavorable to itself, the people’s court shall decide whether it constitutes admission according to the comprehensive circumstances of the case.

(New provisions)

Article 8 The facts stipulated in the first paragraph of Article 96 of the Supreme People’s Court’s Interpretation on the Application of the Civil Procedure Law of People’s Republic of China (PRC) do not apply to the provisions on admission.

The people’s court shall not confirm the fact that the confession is inconsistent with the fact that has been ascertained.

(New provisions)

Article 9 In any of the following circumstances, the people’s court shall allow the parties to revoke their admission before the end of the court debate:

(a) with the consent of the other party;

(2) The admission was made under duress or major misunderstanding.

If the people’s court allows the parties to revoke their admission, it shall make an oral or written ruling.

(The fourth paragraph of Article 8 of the old regulations is revised)

Tenth the following facts, the parties do not need to prove:

(1) Laws of nature and theorems and laws;

(2) Well-known facts;

(3) Facts presumed according to the law;

(4) another fact inferred from the known facts and the rules of daily life experience;

(5) Facts that have been confirmed by the effective award of the arbitration institution;

(six) the basic facts that have been confirmed by the legally effective judgment of the people’s court;

(7) Facts that have been proved by valid notarial documents.

The facts mentioned in the second to fifth paragraphs of the preceding paragraph, unless the parties have evidence to the contrary enough to refute them; The sixth and seventh facts, unless the parties have evidence to the contrary enough to overthrow.

(Article 9 of the old regulations is revised)

Article 9 The parties need not provide evidence to prove the following facts:

(1) Well-known facts;

(2) Natural laws and theorems;

(3) another fact that can be inferred according to the law or the known facts and the rules of daily life experience;

(4) Facts that have been confirmed by legally effective judgments of the people’s courts;

(5) Facts that have been confirmed by the effective award of the arbitration institution;

(6) Facts that have been proved by valid notarial documents.

Items (1), (3), (4), (5) and (6) of the preceding paragraph, unless the parties have evidence to the contrary that is sufficient to overthrow them.

Article 11 When providing evidence to a people’s court, a party shall provide the original or the original. If it is necessary to keep the original and original evidence by yourself or it is really difficult to provide the original and original evidence, you can provide a copy or duplicate that has been verified by the people’s court.

(Article 10 of the old rules)

Article 10 When providing evidence to a people’s court, a party shall provide the original or the original. If it is necessary to keep the original and original evidence by yourself or it is really difficult to provide the original and original evidence, you can provide a copy or duplicate that has been verified by the people’s court.

Article 12 Where movable property is used as evidence, the original shall be submitted to the people’s court. If the original object is unsuitable for removal or preservation, the parties concerned may provide copies, video materials or other substitutes.

After receiving the movable property or substitute submitted by the parties, the people’s court shall promptly notify both parties to go to the people’s court or keep it for on-site inspection.

(New provisions)

Article 13 If a party takes real estate as evidence, it shall provide the people’s court with the image data of the real estate.

If the people’s court deems it necessary, it shall notify both parties to be present for inspection.

(New provisions)

Article 14 Electronic data include the following information and electronic documents:

(1) Information published by web pages, blogs, microblogs and other online platforms;

(2) Communication information of network application services such as SMS, email, instant messaging and communication groups;

(3) User registration information, identity authentication information, electronic transaction records, communication records, login logs and other information;

(four) documents, pictures, audio, video, digital certificates, computer programs and other electronic files;

(five) other information stored, processed and transmitted in digital form that can prove the facts of the case.

(New provisions)

Article 15 If a party takes audio-visual materials as evidence, it shall provide the original carrier for storing the audio-visual materials.

If the parties take electronic data as evidence, they shall provide the original. A copy made by the producer of electronic data that is consistent with the original, or a printed copy directly derived from electronic data or other output media that can be displayed and recognized, is regarded as the original of electronic data.

(New provisions)

Article 16 The official documents and documents provided by the parties concerned were formed outside the territory of People’s Republic of China (PRC), and the evidence shall be certified by the notary office of the host country, or the certification procedures stipulated in the relevant treaties concluded between People’s Republic of China (PRC) and the host country shall be fulfilled.

Evidence involving identity relations formed outside the territory of People’s Republic of China (PRC) shall be certified by the notary office of the host country and certified by the embassy or consulate of People’s Republic of China (PRC) in that country, or the certification procedures stipulated in the relevant treaties concluded between People’s Republic of China (PRC) and that country shall be fulfilled.

The evidence provided by the parties to the people’s court was formed in Hongkong, Macao and Taiwan Province, and the relevant certification procedures shall be performed.

(Article 11 of the old regulations is revised)

Article 11 The evidence provided by the parties to the people’s court is formed outside the territory of People’s Republic of China (PRC), and the evidence shall be certified by the notary office of the host country and certified by the embassy or consulate of People’s Republic of China (PRC) in that country, or the certification procedures stipulated in the relevant treaties concluded between People’s Republic of China (PRC) and that host country shall be fulfilled.

The evidence provided by the parties to the people’s court was formed in Hongkong, Macao and Taiwan Province, and the relevant certification procedures shall be performed.

Article 17 When a party provides documentary evidence or explanatory materials in a foreign language to a people’s court, it shall be accompanied by a Chinese translation.

(Article 12 of the old regulations)

Article 12 When a party provides documentary evidence or explanatory materials in a foreign language to a people’s court, it shall be accompanied by a Chinese translation.

Article 18 If the uncontested facts of both parties conform to the circumstances stipulated in the first paragraph of Article 96 of the Supreme People’s Court’s Interpretation on the Application of the Civil Procedure Law of People’s Republic of China (PRC), the people’s court may order the parties to provide relevant evidence.

(Article 13 of the old regulations is revised)

Article 13 The people’s court may order the parties to provide relevant evidence for facts that are not disputed by both parties but involve national interests, social public interests or the legitimate rights and interests of others.

Article 19 The parties shall classify and number the evidence materials submitted by them one by one, give a brief description of the sources, objects and contents of the evidence materials, sign and seal them, indicate the date of submission, and submit copies according to the number of the other parties.

When the people’s court receives the evidential materials submitted by the parties concerned, it shall issue a receipt indicating the name, number of copies and pages of the evidence and the time of receipt, which shall be signed or sealed by the person in charge. (Article 14 of the old regulations)

Article 14 The parties shall classify and number the evidence materials submitted by them one by one, give a brief description of the sources, objects and contents of the evidence materials, sign and seal them, indicate the date of submission, and submit copies according to the number of the other parties.

When the people’s court receives the evidential materials submitted by the parties concerned, it shall issue a receipt indicating the name, number of copies and pages of the evidence and the time of receipt, which shall be signed or sealed by the person in charge.

Second, the investigation, collection and preservation of evidence

The new rules have been deleted.

Article 15 The term "evidence that the people’s court considers necessary for hearing a case" as stipulated in Article 64 of the Civil Procedure Law refers to the following situations:

(a) involving may harm the national interests, social and public interests.

Or the fact that others have legitimate rights and interests;

(two) involving the addition of parties ex officio, suspension of litigation, termination of litigation, withdrawal and other procedural matters unrelated to substantive disputes.

Article 16 Except under the circumstances stipulated in Article 15 of these Provisions, the people’s court shall investigate and collect evidence at the request of the parties concerned.

Seventeenth meet one of the following conditions, the parties and their agents ad litem may apply to the people’s court to investigate and collect evidence:

(a) the evidence collected by the application for investigation belongs to the archival materials kept by the relevant state departments and must be transferred by the people’s court ex officio;

(two) materials involving state secrets, commercial secrets and personal privacy;

(3) Other materials that the parties and their agents ad litem cannot collect by themselves due to objective reasons.

Twentieth parties and their agents ad litem to apply to the people’s court for investigation and collection of evidence, shall submit a written application before the expiration of the time limit for adducing evidence.

The application shall specify the name of the person under investigation, the name of the unit, the domicile and other basic information, the name or content of the evidence to be investigated and collected, the reasons why the evidence needs to be investigated and collected by the people’s court, the facts to be proved and clear clues.

(The first paragraph of Article 18 and Article 19 of the old regulations is amended, and the second paragraph of Article 19 is deleted)

Eighteenth parties and their agents ad litem shall submit a written application to the people’s court for investigation and collection of evidence. The application shall specify the name of the person under investigation, the name of the unit, the domicile and other basic information, the contents of the evidence to be investigated and collected, the reasons why the evidence needs to be investigated and collected by the people’s court and the facts to be proved.

Article 19 The parties and their agents ad litem shall apply to the people’s court for investigation and collection of evidence not later than seven days before the expiration of the time limit for adducing evidence.

If the people’s court refuses the application of the parties and their agents ad litem, it shall serve a notice on the parties or their agents ad litem. The parties and their agents ad litem may apply for reconsideration in writing to the people’s court accepting the application within three days from the day after receiving the notice. The people’s court shall make a reply within five days from the date of receiving the application for reconsideration.

Article 21 Documentary evidence collected by investigators may be original, or verified copies or duplicates. If it is a copy or duplicate, the source and evidence collection shall be explained in the investigation record.

(Article 20 of the old rules)

Article 20 Documentary evidence collected by investigators may be originals, or verified copies or duplicates. If it is a copy or duplicate, the source and evidence collection shall be explained in the investigation record.

Article 22 The physical evidence collected by investigators shall be original. If it is really difficult for the respondent to provide the original, it may provide copies or video materials. If copies or video materials are provided, the evidence collection shall be explained in the investigation record.

(Article 21 is amended)

Article 21 The physical evidence collected by investigators shall be original. If it is really difficult for the respondent to provide the original, he may provide copies or photos. If copies or photos are provided, the evidence collection shall be explained in the investigation record.

Article 23 When investigating and collecting audio-visual materials and electronic data, the people’s court shall require the respondent to provide the original carrier.

If it is really difficult to provide the original carrier, a copy can be provided. If a copy is provided, the people’s court shall explain its source and production process in the investigation record.

Where the people’s court adopts evidence preservation measures for audio-visual materials and electronic data, the provisions of the preceding paragraph shall apply.

(Article 22 of the old regulations is revised)

Article 22 When investigating and collecting computer data or audio-visual materials such as audio and video recordings, investigators shall require the respondents to provide the original carriers of relevant materials. If it is really difficult to provide the original carrier, a copy can be provided. If a copy is provided, the investigator shall explain its source and production process in the investigation record.

Article 24 When investigating and collecting evidence that may need to be appraised, the people’s court shall abide by relevant technical specifications to ensure that the evidence is not polluted.

(New provisions)

Article 25 Where a party or interested party applies for evidence preservation in accordance with the provisions of Article 81 of the Civil Procedure Law, the application shall specify the basic information of the evidence to be preserved, the reasons for applying for preservation and the preservation measures to be taken.

If a party applies for evidence preservation in accordance with the provisions of Article 81, paragraph 1, of the Civil Procedure Law, it shall submit it to the people’s court before the expiration of the time limit for adducing evidence.

Where laws and judicial interpretations provide for the preservation of evidence before litigation, such provisions shall prevail.

(Article 23 of the old regulations is revised)

Article 23 A party shall apply to the people’s court for the preservation of evidence in accordance with the provisions of Article 74 of the Civil Procedure Law, not later than seven days before the expiration of the time limit for adducing evidence.

If the parties apply for the preservation of evidence, the people’s court may require them to provide corresponding guarantees.

Where laws and judicial interpretations provide for the preservation of evidence before litigation, such provisions shall apply.

Article 26 Where a party or interested party applies for taking preservation measures such as sealing up or detaining to restrict the use and circulation of the preserved subject matter, or the preservation may cause losses to the evidence holder, the people’s court shall order the applicant to provide corresponding guarantees.

The method or amount of guarantee shall be comprehensively determined by the people’s court according to the influence of the preservation measures on the evidence holders, the value of the preserved subject matter, and the amount of the litigation subject matter disputed by the parties or interested parties.

(New provisions)

Article 27 The people’s court may require the parties or agents ad litem to be present when preserving evidence.

According to the application of the parties and the specific circumstances, the people’s court may take the methods of sealing up, distraining, audio recording, video recording, reproduction, identification and inspection to preserve the evidence and make a written record.

In the case of meeting the purpose of evidence preservation, the people’s court shall choose the preservation measures that have the least impact on the interests of the evidence holders.

(Article 24 of the old regulations is revised)

Article 24 In preserving evidence, the people’s court may, according to the specific circumstances, adopt methods such as sealing up, detaining, taking photos, recording, videotaping, copying, identifying, conducting an inquest, and making transcripts.

The people’s court may require the parties or agents ad litem to be present when preserving evidence.

Twenty-eighth application for evidence preservation errors caused by property losses, the parties request the applicant to bear the liability for compensation, the people’s court shall support.

(New provisions)

Article 29 After the people’s court has taken pre-litigation evidence preservation measures, if a party brings a lawsuit to another people’s court with jurisdiction, the people’s court that took the preservation measures shall, at the request of the party concerned, promptly hand over the preserved evidence to the people’s court that accepted the case.

(New provisions)

Article 30 If the people’s court considers that the facts to be proved need to be proved by expert opinions in the course of hearing a case, it shall explain them to the parties concerned and specify the time limit for applying for expert evaluation.

In accordance with the provisions of the first paragraph of Article 96 of the Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of People’s Republic of China (PRC), the people’s court shall entrust the appraisal according to its functions and powers.

(New provisions)

Article 31 A party applying for appraisal shall file an application within the period specified by the people’s court and pay the appraisal fee in advance. Failing to submit an application within the time limit or paying the appraisal fee in advance shall be regarded as giving up the application.

If the party who bears the burden of proof for the facts to be proved that need to be appraised fails to apply for appraisal or pay appraisal fees in advance without justifiable reasons within the period specified by the people’s court, or refuses to provide relevant materials, so that the facts to be proved cannot be ascertained, it shall bear the legal consequences of failing to prove.

(Article 25 of the old regulations is revised)

Twenty-fifth parties to apply for identification, should be put forward within the time limit for proof. In accordance with the provisions of the provisions of article twenty-seventh, unless the parties apply for re identification.

If a party who bears the burden of proof for matters that need to be identified fails to apply for identification or pay the identification fee in advance or refuse to provide relevant materials within the time limit specified by the people’s court without justifiable reasons, so that the facts in dispute in the case cannot be identified through the conclusion of identification, it shall bear the legal consequences of failing to prove the facts.

Article 32 Where a people’s court approves an application for appraisal, it shall organize both parties to determine an appraiser with corresponding qualifications through consultation. If the parties fail to negotiate, it shall be designated by the people’s court.

If the people’s court entrusts an appraisal according to its functions and powers, it may appoint an appraiser with corresponding qualifications after asking the opinions of the parties.

The people’s court shall issue a power of attorney after determining the appraiser, and the power of attorney shall specify the matters, scope, purpose and time limit of the appraisal.

(Article 26 of the old regulations is revised)

Article 26 After the parties apply for appraisal with the consent of the people’s court, the two parties shall determine the appraisal institutions and appraisers with appraisal qualifications through consultation. If consultation fails, the people’s court shall designate them.

Article 33 Before the appraisal begins, the people’s court shall require the appraiser to sign a letter of commitment. The letter of commitment shall specify that the appraiser guarantees to conduct the appraisal objectively, fairly and honestly, and to testify in court. If false appraisal is made, he shall bear legal responsibility.

If an appraiser intentionally makes a false appraisal, the people’s court shall order him to refund the appraisal fee and deal with it according to the provisions of Article 111th of the Civil Procedure Law according to the circumstances.

(New provisions)

Article 34 The people’s court shall organize the parties to cross-examine the appraisal materials. Materials that have not been cross-examined shall not be used as the basis for identification.

With the permission of the people’s court, an expert witness may obtain evidence, inspect physical evidence and the scene, and ask the parties or witnesses.

(New provisions)

Article 35 An appraiser shall complete the appraisal within the time limit determined by the people’s court and submit an appraisal certificate.

If the appraiser fails to submit the appraisal report on time without justifiable reasons, the parties concerned may apply to the people’s court to entrust another appraiser for appraisal. With the permission of the people’s court, the appraisal fee already charged by the original appraiser shall be refunded; Refuse to return, in accordance with the provisions of the second paragraph of article eighty-first.

(New provisions)

Article 36 The people’s court shall examine whether the appraisal certificate issued by the appraiser contains the following contents:

(1) The name of the entrusting court;

(two) the contents and requirements of the entrusted appraisal;

(3) Identification materials;

(4) The principles and methods on which the appraisal is based;

(5) A description of the appraisal process;

(6) Appraisal opinions;

(7) Letter of commitment.

The appraisal book shall be signed or sealed by the appraiser, and the corresponding qualification certificate of the appraiser shall be attached. Where an appraisal agency is entrusted, the appraisal certificate shall be sealed by the appraisal agency and signed by the personnel engaged in appraisal.

(Article 29 of the old regulations is revised)

Twenty-ninth judges shall examine whether the appraisal certificate issued by the appraiser has the following contents:

(1) The name of the client and the contents of the entrusted appraisal;

(2) Materials entrusted for appraisal;

(three) the basis of identification and the scientific and technological means used;

(4) A description of the appraisal process;

(5) A clear appraisal conclusion;

(6) An explanation of the appraiser’s qualification;

(seven) the signature and seal of the appraiser and the appraisal institution.

Article 37 After receiving the appraisal report, the people’s court shall promptly send a copy to the parties concerned.

If the parties have any objection to the contents of the appraisal, they shall put forward it in writing within the period specified by the people’s court.

The people’s court shall ask the appraiser to explain, explain or supplement the objections of the parties. If the people’s court deems it necessary, it may require the appraiser to explain, explain or supplement the contents that the parties have not raised objections.

(New provisions)

Article 38 If the parties still have objections after receiving the written reply from the appraiser, the people’s court shall, in accordance with the provisions of Article 11 of the Measures for Payment of Litigation Fees, notify the objecting parties to pay the appraiser’s court appearance fee in advance and notify the appraiser to appear in court. If the objecting party fails to pay the appraiser’s court fees in advance, it shall be deemed as giving up the objection.

If both parties have objections to the appraisal opinions, they shall share the expenses of paying the appraisers in court in advance.

(New provisions)

Thirty-ninth expert fees in court shall be calculated according to the standard of witnesses’ fees in court, and shall be borne by the losing party. If the appraiser needs to appear in court because the appraisal opinion is unclear or flawed, the expenses for appearing in court shall be borne by him.

When the people’s court entrusts the appraisal, it has been determined that the appraiser’s appearance fee is included in the appraisal fee, and the party concerned will not be notified to pay in advance.

(New provisions)

Article 40 The people’s court shall allow the parties to apply for re-appraisal under any of the following circumstances:

(a) the appraiser does not have the corresponding qualifications;

(2) The appraisal procedure is seriously illegal;

(three) the expert opinion is obviously insufficient;

(four) other circumstances in which the expert opinion cannot be used as evidence.

In the case of the first to third items in the preceding paragraph, the appraisal fee already charged by the appraiser shall be refunded. Refuse to return, in accordance with the provisions of the second paragraph of article eighty-first.

The people’s court shall not allow the application for re-appraisal if the defects in the appraisal opinions can be solved by means of correction, supplementary appraisal or supplementary cross-examination or re-examination.

Re-appraisal, the original appraisal opinion shall not be used as the basis for determining the facts of the case.

(Article 27 of the old regulations is revised)

Twenty-seventh parties have objections to the appraisal conclusion made by the appraisal department entrusted by the people’s court and apply for re-appraisal, and the people’s court shall give permission if it provides evidence to prove that one of the following circumstances exists:

(a) the appraisal institution or appraiser does not have the relevant appraisal qualification;

(2) The appraisal procedure is seriously illegal;

(3) The appraisal conclusion is obviously based on insufficient evidence;

(4) Other circumstances that cannot be used as evidence after cross-examination.

If the defective appraisal conclusion can be solved by supplementary appraisal, re-examination or supplementary cross-examination, it will not be re-appraised.

Article 41 If one party entrusts relevant institutions or personnel to issue opinions on specialized issues, and the other party has enough evidence or reasons to refute and apply for appraisal, the people’s court shall allow it.

(Article 28 of the old regulations is revised)

Article 28 If one party entrusts the relevant department to make an appraisal conclusion, and the other party has enough evidence to refute and apply for re-appraisal, the people’s court shall allow it.

Article 42 If the appraiser cancels the appraisal opinion without justifiable reasons after the appraisal opinion is accepted, the people’s court shall order him to refund the appraisal fee, and may, according to the circumstances, punish the appraiser in accordance with the provisions of Article 111 of the Civil Procedure Law. The people’s court shall support the claim that the appraiser should bear the reasonable expenses thus increased.

If the people’s court allows the appraiser to withdraw after accepting the appraisal opinion, it shall order him to refund the appraisal fee.

(New provisions)

Article 43 The people’s court shall notify the parties of the time and place of the inspection before the inspection. If the parties do not participate, it will not affect the inspection.

The parties may explain and explain the matters in the inquest to the people’s court, and may request the people’s court to pay attention to important matters in the inquest.

When the people’s court inspects the physical evidence or the scene, it shall make a written record, recording the time and place of the inspection, the inspector, the people present, the process and results of the inspection, which shall be signed or sealed by the inspector and the people present. For the site map drawn, the time, orientation, name and identity of the surveyor shall be indicated.

(Article 30 of the old regulations is revised)

Article 30 The people’s court shall make a record of the time and place of the inspection, the inspector, the people present, the process and results of the inspection, which shall be signed or sealed by the inspector and the people present. For the site map drawn, the time, orientation, name and identity of the surveyor shall be indicated.

Article 44 When extracting the documents and materials related to the facts of the case produced by the relevant units, the source shall be indicated, and the seal of the production unit or the storage unit shall be affixed, and the extractor and other investigators shall sign or seal the extract.

Extracted documents and materials shall maintain the corresponding integrity of the contents.

(Article 31 of the old regulations is revised)

Thirty-first excerpts of documents and materials related to the facts of the case produced by the relevant units shall indicate the source and affix the seal of the production unit or the storage unit, and the excerpter and other investigators shall sign or seal the excerpts.

Extracted documents and materials shall maintain the corresponding integrity of the content and shall not be taken out of context.

Article 45 Where a party applies to the people’s court for ordering the other party to submit documentary evidence according to Article 112 of the Supreme People’s Court’s Interpretation on the Application of the Civil Procedure Law of People’s Republic of China (PRC), the application shall specify the name or content of the documentary evidence applied for, the facts and the importance of the facts that need to be proved by the documentary evidence, the basis for the other party to control the documentary evidence and the reasons why the documentary evidence should be submitted.

If the other party denies controlling the documentary evidence, the people’s court shall make a comprehensive judgment on whether the documentary evidence is under the control of the other party according to factors such as legal provisions and habits, combined with the facts and evidence of the case.

(New provisions)

Article 46 When examining an application for documentary evidence submitted by a party, the people’s court shall listen to the opinions of the other party, and may require both parties to provide evidence and debate when necessary.

The people’s court shall not grant permission if the documentary evidence applied by the parties is unclear, the documentary evidence is unnecessary to prove the facts to be proved, the facts to be proved have no substantial influence on the judgment result, the documentary evidence is not under the control of the other party or does not conform to Article 47 of these Provisions.

If the reasons for the application are established, the people’s court shall make a ruling and order the other party to submit documentary evidence; If the reason is untenable, notify the applicant.

(New provisions)

Article 47 The party in control of documentary evidence shall submit documentary evidence under the following circumstances:

(1) Documentary evidence that has been cited by the party in control of documentary evidence in litigation;

(2) Documentary evidence produced for the benefit of the other party;

(3) Documentary evidence that the other party has the right to consult and obtain according to the law;

(4) Original vouchers for account books and bookkeeping;

(5) Other circumstances that the people’s court considers that documentary evidence should be submitted.

If the documentary evidence listed in the preceding paragraph involves state secrets, commercial secrets, the privacy of the parties or the third party, or there are circumstances that should be kept confidential by law, it shall not be publicly cross-examined after submission.

(New provisions)

Article 48 If the party in control of documentary evidence refuses to submit documentary evidence without justifiable reasons, the people’s court may determine that the contents of documentary evidence advocated by the other party are true.

The people’s court may determine that the facts proved by the documentary evidence of the other party are true if the parties who control the documentary evidence are under the circumstances stipulated in Article 113 of the Supreme People’s Court’s Interpretation on the Application of the Civil Procedure Law of People’s Republic of China (PRC).

(New provisions)

Third, the time limit of proof and evidence exchange

Article 49 the defendant shall submit a written defense before the expiration of the defense period, stating his opinions on the plaintiff’s claim and the facts and reasons on which it is based.

(Original Article 32)

Article 32 the defendant shall submit a written defense before the expiration of the defense period, stating his opinions on the plaintiff’s claim and the facts and reasons on which it is based.

Article 50 The people’s court shall serve a notice of proof on the parties in the preparatory stage before the trial.

The notice of proof shall specify the distribution principle and requirements of the burden of proof, the circumstances in which you can apply to the people’s court for investigation and collection of evidence, the time limit for proof specified by the people’s court according to the circumstances of the case, and the legal consequences of providing evidence after the time limit.

(The original paragraph 1 of Article 33 was amended)

Article 33 The people’s court shall serve the parties with the notice of acceptance of the case and the notice of responding to the lawsuit. The notice of proof shall specify the distribution principle and requirements of the burden of proof, the circumstances in which an application can be made to the people’s court for investigation and evidence collection, the time limit for proof specified by the people’s court according to the circumstances of the case, and the legal consequences of providing evidence beyond the time limit.

The time limit for adducing evidence may be agreed by the parties through consultation and approved by the people’s court.

If the time limit for adducing evidence is specified by the people’s court, the specified time limit shall not be less than 30 days, counting from the day after the party concerned receives the notice of accepting the case and the notice of responding to the lawsuit.

Article 51 The time limit for adducing evidence may be negotiated by the parties and approved by the people’s court.

If the people’s court specifies the time limit for adducing evidence, the ordinary procedure of first instance shall not be less than fifteen days, and the case of second instance in which the parties provide new evidence shall not be less than ten days. Cases tried by summary procedure shall not exceed fifteen days, and the time limit for adducing evidence in small claims shall generally not exceed seven days.

After the expiration of the time limit for adducing evidence, if the parties provide rebuttal evidence or make corrections to the defects in the source and form of the evidence already provided, the people’s court may, at its discretion, determine the time limit for adducing evidence again, which is not limited by the time limit stipulated in the preceding paragraph.

(The second and third paragraphs of the original article 33 are revised)

The new rules have been deleted.

Article 34 A party shall submit evidence materials to the people’s court within the time limit for adducing evidence. If the party fails to do so within the time limit for adducing evidence, it shall be deemed as giving up the right to adduce evidence.

The people’s court shall not organize cross-examination of the evidence materials submitted by the parties within the time limit. Unless the other party agrees to cross-examine.

If a party increases or changes a claim or files a counterclaim, it shall do so before the expiration of the time limit for adducing evidence.

Article 52 There are objective obstacles for the parties to provide evidence within the time limit for adducing evidence, which belongs to the situation that "it is indeed difficult for the parties to provide evidence within the time limit" as stipulated in the second paragraph of Article 65 of the Civil Procedure Law.

In the case mentioned in the preceding paragraph, the people’s court shall make a comprehensive judgment based on the parties’ ability to provide evidence and the reasons why they cannot provide evidence within the time limit for providing evidence. When necessary, you can listen to the opinions of the other party.

(New provisions)

Article 53 In the course of litigation, if the nature of the legal relationship or the effectiveness of the civil act advocated by the parties is inconsistent with the determination made by the people’s court according to the facts of the case, the people’s court shall take the nature of the legal relationship or the effectiveness of the civil act as the focus of the trial. However, the nature of the legal relationship has no influence on the reasons and results of the judgment, or the relevant issues have been fully debated by the parties.

In the case mentioned in the preceding paragraph, if the parties change their claims according to the court hearing, the people’s court shall allow and may re-specify the time limit for adducing evidence according to the specific circumstances of the case.

(Article 35 of the old regulations is revised)

Article 35 In the course of litigation, if the nature of the legal relationship or the effectiveness of the civil act advocated by the parties is inconsistent with the determination made by the people’s court according to the facts of the case, it shall not be restricted by the provisions of Article 34 of these Provisions, and the people’s court shall inform the parties that they can change the litigation request.

If a party changes his claim, the people’s court shall re-specify the time limit for adducing evidence.

Article 54 Where a party applies for extending the time limit for adducing evidence, it shall submit a written application to the people’s court before the time limit for adducing evidence expires.

If the reasons for the application are established, the people’s court shall allow and appropriately extend the time limit for adducing evidence, and notify other parties. The extended time limit for adducing evidence is applicable to other parties.

If the reasons for the application are not established, the people’s court shall not grant it and notify the applicant.

(The original article 36 was revised)

Article 36 If it is really difficult for a party to submit evidence materials within the time limit for adducing evidence, it shall apply to the people’s court for an extension of adducing evidence within the time limit for adducing evidence, and the time limit for adducing evidence may be appropriately extended with the permission of the people’s court. If it is still difficult for the parties to submit evidence materials within the extended time limit for adducing evidence, they may apply for an extension again, and whether or not to grant it shall be decided by the people’s court.

Article 55 In any of the following circumstances, the time limit for adducing evidence shall be determined as follows:

(1) If a party raises an objection to jurisdiction in accordance with Article 127 of the Civil Procedure Law, the time limit for adducing evidence shall be suspended and the calculation shall be resumed from the effective date of the ruling rejecting the objection to jurisdiction;

(2) If an additional party, a third party with independent claim right or a third party without independent claim right is notified by the people’s court to participate in the litigation, the people’s court shall set a time limit for the new party to participate in the litigation in accordance with the provisions of Article 51 of these Provisions, which shall apply to other parties;

(3) In a case remanded for retrial, the people’s court of first instance may, in light of the specific circumstances of the case and the reasons for remanding for retrial, determine the time limit for adducing evidence as appropriate;

(4) If the parties increase or change their claims or file counterclaims, the people’s court shall re-determine the time limit for adducing evidence according to the specific circumstances of the case;

(5) If the announcement is served, the time limit for adducing evidence shall be counted from the day after the expiration of the announcement period.

(New provisions)

The new rules have been deleted.

Article 37 Upon the application of the parties, the people’s court may organize the parties to exchange evidence before the hearing.

The people’s court shall organize the parties to exchange evidence after the expiration of the defense period and before the trial for cases with more evidence or complicated problems.

Article 56 If the people’s court prepares for trial by organizing evidence exchange in accordance with the provisions of Item 4 of Article 133 of the Civil Procedure Law, the time limit for presenting evidence on the day of evidence exchange expires.

The time for evidence exchange may be agreed upon by the parties through consultation and approved by the people’s court, or may be designated by the people’s court. If the parties apply for an extension of proof with the permission of the people’s court, the date of evidence exchange shall be postponed accordingly.

(The original article 38 was revised)

Article 38 The time for exchanging evidence may be agreed by the parties through consultation and approved by the people’s court, or may be designated by the people’s court.

If the people’s court organizes the parties to exchange evidence, the time limit for proof expires on the day of exchange of evidence. If the parties apply for an extension of proof with the permission of the people’s court, the date of evidence exchange shall be postponed accordingly.

Article 57 The exchange of evidence shall be conducted under the auspices of judges.

In the process of evidence exchange, the facts and evidence that the judge has no objection to the parties shall be recorded in the volume; The evidence with objection shall be classified and recorded in the volume according to the facts that need to be proved, and the reasons for objection shall be recorded. Through the exchange of evidence, determine the main issues of dispute between the two parties.

(original article 39)

Article 39 The exchange of evidence shall be conducted under the auspices of judges.

In the process of evidence exchange, the facts and evidence that the judge has no objection to the parties shall be recorded in the volume; The evidence with objection shall be classified and recorded in the volume according to the facts that need to be proved, and the reasons for objection shall be recorded. Through the exchange of evidence, determine the main issues of dispute between the two parties.

Article 58 If a party needs to submit rebuttal evidence after receiving the evidence from the other party, the people’s court shall organize evidence exchange again.

(original article 40 is revised)

Article 40 If a party refutes the evidence exchanged by the other party and presents new evidence, the people’s court shall notify the party to exchange it at a specified time.

The exchange of evidence is generally not more than two times. However, in major, difficult and particularly complicated cases, unless the people’s court deems it necessary to exchange evidence again.

The new rules have been deleted.

Article 41 "New evidence" as stipulated in the first paragraph of Article 125 of the Civil Procedure Law refers to the following situations:

(1) The new evidence in the procedure of first instance includes: the evidence newly discovered by the parties after the expiration of the time limit for adducing evidence in the first instance; Evidence that the parties are unable to provide within the time limit for adducing evidence due to objective reasons, but are still unable to provide within the extended time limit with the permission of the people’s court;

(2) The new evidence in the procedure of second instance includes: the newly discovered evidence after the trial of first instance; Evidence that a party fails to apply to the people’s court for investigation and evidence collection before the expiration of the time limit for adducing evidence in the first instance, and that the court of second instance considers that it should be allowed after examination, and that the evidence should be taken according to the application of the party concerned.

Article 42 If a party provides new evidence in the procedure of first instance, it shall do so before or during the trial of first instance.

If a person provides new evidence in the procedure of second instance, it shall be presented before or during the trial of second instance; If the second instance does not need to be heard in court, it shall be put forward within the time limit specified by the people’s court.

Article 43 If the evidence provided by a party after the expiration of the time limit for adducing evidence is not new, the people’s court shall not accept it.

If a party is allowed by the people’s court to postpone giving evidence, but fails to provide it within the permitted time limit due to objective reasons, and the failure to hear the evidence may lead to obvious injustice of the referee, the evidence provided by the party may be regarded as new evidence.

Article 44 "New evidence" as stipulated in Item (1) of Paragraph 1 of Article 179 of the Civil Procedure Law refers to the newly discovered evidence after the trial of the original trial.

If a party provides new evidence in the retrial procedure, it shall do so when applying for retrial.

Article 45 If one party presents new evidence, the people’s court shall notify the other party to put forward opinions or give evidence within a reasonable time.

Article 46 If a case fails to provide evidence within the specified time limit due to the reasons of the parties concerned, and the case is sent back to the people’s court for retrial or revision of the judgment due to the presentation of new evidence during the second trial or retrial, the judgment in the original trial does not belong to the wrong judgment case.

The people’s court shall support one party’s request for the other party to provide new evidence to bear the reasonable expenses such as increased travel, lost work, witnesses appearing in court to testify, litigation and other direct losses.

Article 59 If a people’s court imposes a fine on a party who fails to provide evidence within the time limit, it may determine the amount of the fine in combination with the subjective fault of the party who fails to provide evidence within the time limit, the circumstances that cause the delay in litigation, the amount of the subject matter of litigation, and other factors.

(New provisions)

Fourth, cross-examination

Article 60 Evidence that the parties have expressed cross-examination opinions in the preparatory stage before the trial or in the process of investigation and inquiry by the people’s court shall be regarded as cross-examined evidence.

If a party requests to express cross-examination opinions in writing, the people’s court may grant it if it deems it necessary after listening to the opinions of the other party. The people’s court shall promptly send the written cross-examination opinions to the other party.

(The original forty-seventh amendment)

Article 47 Evidence shall be presented in court and cross-examined by the parties concerned. Evidence that has not been cross-examined cannot be used as a basis for determining the facts of a case.

The evidence recognized and recorded by the parties in the process of evidence exchange can be used as the basis for determining the facts of the case after being explained by the judges in the trial.

The new rules have been deleted.

Article 48 Evidence involving state secrets, business secrets and personal privacy or other evidence that should be kept confidential as prescribed by law shall not be publicly cross-examined during the court session.

Article 61 When conducting cross-examination of documentary evidence, material evidence and audio-visual materials, the parties concerned shall produce the original or original evidence. Except for one of the following circumstances:

(a) it is indeed difficult to produce the original or the original, and the people’s court allows it to produce a copy or duplicate;

(two) the original or the original no longer exists, but there is evidence to prove that the copy or replica is consistent with the original or the original.

(The original forty-ninth amendment)

Article 49 When conducting cross-examination of documentary evidence, material evidence and audio-visual materials, the parties concerned have the right to demand the production of the original or original evidence. Except for one of the following circumstances:

(a) it is indeed difficult to produce the original or the original, and the people’s court allows it to produce a copy or duplicate;

(two) the original or the original no longer exists, but there is evidence to prove that the copy or replica is consistent with the original or the original.

The new rules have been deleted.

Article 50 During cross-examination, the parties concerned should question, explain and refute the authenticity, relevance and legality of the evidence, as well as the probative force of the evidence.

Article 62 Cross-examination shall generally be conducted in the following order:

(a) the plaintiff produces evidence, and the defendant and the third party cross-examine the plaintiff;

(2) The defendant produces evidence, and the plaintiff and the third party conduct cross-examination with the defendant;

(3) The third party produces evidence, and the plaintiff and defendant conduct cross-examination with the third party.

The people’s court shall investigate and collect the evidence according to the application of the parties, and after the judges explain the situation of the investigation and collection of evidence, the party applying shall conduct cross-examination with the other party and the third party.

The people’s court shall investigate and collect evidence according to its functions and powers, and the judges shall explain the investigation and collection of evidence and listen to the opinions of the parties.

(The original fifty-first amendment)

Article 51 Cross-examination shall be conducted in the following order:

(a) the plaintiff produces evidence, and the defendant and the third party cross-examine the plaintiff;

(2) The defendant produces evidence, and the plaintiff and the third party conduct cross-examination with the defendant;

(3) The third party produces evidence, and the plaintiff and defendant conduct cross-examination with the third party.

The evidence collected by the people’s court in accordance with the application of the parties shall be used as the evidence provided by the party making the application.

The evidence collected by the people’s court in accordance with its functions and powers shall be presented at the trial, and the opinions of the parties shall be listened to, and the investigation and collection of the evidence may be explained.

The new rules have been deleted.

Article 52 If there are more than two independent claims in a case, the parties may present evidence one by one for cross-examination.

Article 63 The parties shall make a true and complete statement on the facts of the case.

If the statements of the parties are inconsistent with the previous statements, the people’s court shall order them to explain the reasons, and examine and identify them in combination with the litigation capacity, evidence and specific circumstances of the case.

If a party intentionally makes a false statement to obstruct the trial of the people’s court, the people’s court shall, according to the circumstances, impose penalties in accordance with the provisions of Article 111th of the Civil Procedure Law.

(New provisions)

Article 64 If the people’s court deems it necessary, it may require the parties to be present in person to accept inquiries about the relevant facts of the case.

If the people’s court requires the parties to be present for questioning, it shall inform the parties of the time and place of the inquiry and the consequences of refusing to be present.

(New provisions)

Article 65 The people’s court shall order the parties concerned to sign the letter of guarantee and read out the contents of the letter of guarantee before asking.

The letter of guarantee shall state that the statement is true, and there is no concealment, distortion, increase or decrease. If there is any false statement, it shall be punished. The parties concerned shall sign and stamp the letter of guarantee.

If the party concerned cannot read the letter of guarantee for justified reasons, it shall be read and explained by the clerk.

(New provisions)

Article 66 If a party refuses to be present at the scene, sign or read a letter of guarantee or accept an inquiry without justifiable reasons, the people’s court shall judge the truth of the facts to be proved based on the circumstances of the case. If there is no other evidence to prove the facts to be proved, the people’s court shall make a determination against the party concerned.

(New provisions)

Article 67 A person who cannot express his meaning correctly cannot be a witness.

Persons without or with limited capacity for civil conduct whose facts to be proved are suitable for their age, intelligence or mental health may be used as witnesses.

(The original fifty-third amendment)

Article 53 A person who cannot correctly express his will cannot be a witness.

Persons without or with limited capacity for civil conduct whose facts to be proved are suitable for their age, intelligence or mental health may be used as witnesses.

Article 68 The people’s court shall require witnesses to testify in court and accept inquiries from judges and parties. A witness who gives testimony in the preparatory stage before the trial or in the presence of both parties such as the people’s court’s investigation and inquiry shall be regarded as testifying in court.

If both parties agree that the witness will testify in other ways and with the permission of the people’s court, the witness may not testify in court.

The testimony provided in writing by a witness who fails to appear in court without justifiable reasons shall not be used as the basis for ascertaining the facts of the case.

(The original fifty-fifth amendment)

Article 55 A witness shall testify in court and accept questions from the parties concerned.

A witness who attends the statement of testimony when the people’s court organizes the parties to exchange evidence may be regarded as testifying in court.

Article 69 Where a party applies for a witness to testify in court, it shall submit an application to the people’s court before the expiration of the time limit for adducing evidence.

The application shall specify the name, occupation, residence, contact information of the witness, the main contents of testimony, the relevance of the testimony contents and the facts to be testified, and the necessity of the witness to testify in court.

In accordance with the provisions of the first paragraph of Article 96 of the Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of People’s Republic of China (PRC), the people’s court shall notify the witness to testify in court ex officio.

(New provisions)

Article 70 If a people’s court allows a witness to testify in court, it shall serve a notice on the witness and inform both parties. The notice shall specify the time and place of the witness’s testimony, the matters and requirements of testimony and the legal consequences of perjury.

The people’s court shall not allow the application of a witness to testify in court if the matter for which the party applies has nothing to do with the facts to be proved, or if it is not necessary to inform the witness to testify in court.

(The original fifty-fourth amendment)

Article 54 If a party applies for a witness to testify in court, it shall do so ten days before the expiration of the time limit for adducing evidence and obtain the permission of the people’s court.

If the people’s court approves the application of a party, it shall notify the witness to testify in court before the hearing, and inform him of the legal consequences of truthfully testifying and perjury.

The reasonable expenses incurred by the witness for testifying in court shall be paid in advance by the party providing the witness and borne by the losing party.

Article 71 A people’s court shall require a witness to sign a letter of guarantee before testifying, and read out the contents of the letter of guarantee in court. Except those who have no capacity for civil conduct and those with limited capacity for civil conduct as witnesses.

If the witness cannot read the letter of guarantee for justified reasons, the clerk shall read it and explain it on his behalf.

If a witness refuses to sign or read the letter of guarantee, he shall not testify and bear the relevant expenses.

The contents of the witness guarantee shall be governed by the provisions of the parties’ guarantee.

(New provisions)

The new rules have been deleted.

Article 56 The term "witness is unable to appear in court due to real difficulties" as stipulated in Article 70 of the Civil Procedure Law refers to the following circumstances:

(1) Being old, weak or unable to appear in court due to mobility difficulties;

(two) the special post is really unable to leave;

(three) the road is particularly long, and it is difficult to appear in court due to inconvenient transportation;

(4) Unable to appear in court due to force majeure such as natural disasters;

(5) Other special circumstances that prevent him from appearing in court.

In the case mentioned in the preceding paragraph, with the permission of the people’s court, a witness may submit written testimony or audio-visual materials or testify by means of two-way audio-visual transmission technology.

Article 72 A witness shall objectively state the facts he personally perceives, and shall not use speculative, inferential or critical language when testifying.

A witness shall not sit in on the court hearing before testifying, and shall not state his testimony by reading the written materials prepared in advance when testifying.

If there are obstacles in the verbal expression of witnesses, they may testify through other expressions.

(The original fifty-seventh amendment)

Article 57 A witness who testifies in court shall objectively state the facts he personally perceives. If the witness is deaf-mute, he can testify in other ways.

A witness shall not use speculative, inferential or critical language when testifying.

Article 73 A witness shall make a continuous statement on the matters he testifies.

If the parties and their legal representatives, agents ad litem or observers interfere with the witness’s statement, the people’s court shall stop it in time and, if necessary, impose penalties in accordance with the provisions of Article 110 of the Civil Procedure Law.

(New provisions)

Article 74 A judge may question a witness. The parties and their agents ad litem may question witnesses with the permission of the judges.

Other witnesses are not allowed to be present when questioning witnesses.

If the people’s court deems it necessary, it may require witnesses to confront each other.

(Article 58 of the old regulations is revised)

Article 58 Judges and parties may question witnesses. Witnesses are not allowed to sit in on court hearings; Other witnesses shall not be present when questioning witnesses. If the people’s court deems it necessary, it may allow witnesses to confront each other.

Article 75 After a witness testifies in court, he may apply to the people’s court to pay the witness’s fees for testifying in court. If a witness has difficulties and needs to withdraw the fee for testifying in court in advance, the people’s court may pay it before testifying in court according to the witness’s application.

(New provisions)

Article 76 If a witness is unable to testify in court due to real difficulties and applies for giving testimony by means of written testimony, audio-visual transmission technology or audio-visual materials, he shall submit an application to the people’s court. The application shall specify the specific reasons for not appearing in court.

The people’s court shall grant permission if the circumstances stipulated in Article 73 of the Civil Procedure Law are met.

(New provisions)

Article 77 A witness who testifies in the form of written testimony with the permission of the people’s court shall sign a letter of guarantee; Whoever testifies by means of audio-visual transmission technology or audio-visual materials shall sign a letter of guarantee and read out the contents of the letter of guarantee.

(New provisions)

Article 78 If the questioning of a witness by a party or his agent ad litem has nothing to do with the facts to be proved, or there are threats, insults to the witness or improper guidance, the judge shall stop it in time. If necessary, it may be punished in accordance with the provisions of Articles 110 and 111 of the Civil Procedure Law.

If a witness intentionally makes a false statement, the participants in the proceedings or others prevent the witness from testifying by violence, threats, bribes, etc., or take revenge on the witness by insulting, slandering, framing, intimidating, beating, etc. after the witness testifies, the people’s court shall punish the actor according to the circumstances and in accordance with the provisions of Article 111 of the Civil Procedure Law.

(New provisions)

Article 79 If an appraiser testifies in court in accordance with Article 78 of the Civil Procedure Law, the people’s court shall notify the appraiser of the time, place and requirements for appearing in court three days before the hearing.

If an agency is entrusted for appraisal, the personnel engaged in appraisal shall appear in court on behalf of the agency.

(New provisions)

Article 80 An appraiser shall truthfully answer the objections of the parties and the inquiries of the judges on the appraisal matters. If it is really difficult to answer in court, with the permission of the people’s court, a written reply can be given after the trial.

The people’s court shall promptly send a written reply to the parties concerned and listen to their opinions. If necessary, cross-examination can be organized again.

(Article 59 of the old regulations is revised)

Article 59 An expert witness shall appear in court to be questioned by the parties concerned.

If the appraiser is really unable to appear in court for special reasons, he may, with the permission of the people’s court, answer the questions of the parties in writing.

Article 81 If an expert refuses to testify in court, the expert opinion shall not be used as the basis for ascertaining the facts of the case. The people’s court shall advise the relevant competent departments or organizations to punish the appraisers who refuse to testify in court.

If a party requests a refund of the appraisal fee, the people’s court shall make a ruling within three days and order the appraiser to return it; Those who refuse to return it shall be executed by the people’s court according to law.

The people’s court shall allow the parties to apply for re-appraisal because the appraiser refuses to testify in court.

(New provisions)

Article 82 With the permission of the court, a party may ask an expert witness or an inspector.

No inappropriate words and methods such as threats and insults shall be used when asking the appraisers and inspectors.

(Article 60 of the old regulations was revised)

Article 60 With the permission of the court, the parties may put questions to witnesses, expert witnesses and inspectors.

Questioning witnesses, expert witnesses and inspectors shall not use words and methods that threaten, insult or improperly guide witnesses.

Article 83 Where a party applies for a person with specialized knowledge to appear in court in accordance with Article 79 of the Civil Procedure Law and Article 122 of the Supreme People’s Court’s Interpretation on the Application of the Civil Procedure Law of People’s Republic of China (PRC), the application shall specify the basic information of the person with specialized knowledge and the purpose of the application.

If the people’s court allows the parties to apply, it shall notify both parties.

Article 84 A judge may question a person with specialized knowledge. With the permission of the court, the parties may ask people with specialized knowledge, and the people with specialized knowledge applied by the parties may confront the relevant issues in the case.

People with specialized knowledge shall not participate in court proceedings other than cross-examination of expert opinions or expressing opinions on professional issues.

(Article 61 of the old regulations is revised)

Article 61 A party may apply to the people’s court for one or two persons with specialized knowledge to appear in court to explain the specialized issues of the case. If the people’s court approves the application, the relevant expenses shall be borne by the party applying.

Judges and parties may question persons with specialized knowledge who appear in court.

With the permission of the people’s court, personnel with specialized knowledge applied by the parties may confront the problems in the case.

Personnel with specialized knowledge can ask the appraiser.

The new rules have been deleted.

Article 62 The court shall record the cross-examination of the parties in the record, and the parties shall sign or seal it after checking.

V. Examination and determination of evidence

Article 85 The people’s court shall make a judgment according to law on the basis of the facts of the case that can be proved by evidence.

Judges should comprehensively and objectively examine the evidence in accordance with legal procedures, follow the professional ethics of judges in accordance with the provisions of the law, use logical reasoning and daily life experience to independently judge whether the evidence is probative or not, and make public the reasons and results of the judgment.

(Articles 63 and 64 of the old regulations)

Article 63 The people’s court shall make a judgment according to law on the basis of the facts of the case that can be proved by evidence.

Article 64 A judge shall comprehensively and objectively examine evidence in accordance with legal procedures, follow the professional ethics of judges in accordance with the provisions of the law, use logical reasoning and daily life experience to make an independent judgment on the probative force of evidence, and make public the reasons and results of the judgment.

Article 86 If the parties prove the facts of fraud, coercion or malicious collusion, and prove the facts of oral will or gift, the people’s court is convinced that the possibility of the existence of the facts to be proved can eliminate reasonable doubt, it shall consider that the facts exist.

With regard to the facts related to procedural matters such as litigation preservation and withdrawal, if the people’s court, in combination with the explanations of the parties and relevant evidence, considers that the relevant facts are likely to exist, it may determine that the facts exist.

(New provisions)

Article 87 A judge may examine and determine a single evidence from the following aspects:

(a) whether the evidence is original or not, and whether the duplicates and reproductions are consistent with the originals and originals;

(2) Whether the evidence is relevant to the facts of the case;

(3) Whether the form and source of the evidence comply with the law;

(4) Whether the contents of the evidence are true;

(5) Whether the witness or the person providing evidence has any interest with the party concerned.

(Article 65 of the old rules)

Article 65 A judge may examine and determine a single evidence from the following aspects: (1) Whether the evidence is original or original, and whether the copies and reproductions are consistent with the original or original; (2) Whether the evidence is relevant to the facts of the case; (3) Whether the form and source of the evidence comply with the law; (4) Whether the contents of the evidence are true; (five) whether the witness or the person who provides evidence has any interest with the party concerned.

Article 88 A judge shall comprehensively examine and judge all the evidence of a case from the aspects of the degree of correlation between the evidence and the facts of the case and the connection between the evidence.

(Article 66 of the old regulations)

Article 66 A judge shall comprehensively examine and judge all the evidence of a case from the aspects of the degree of correlation between the evidence and the facts of the case and the connection between the evidence.

Article 89 The people’s court shall confirm the evidence recognized by the parties in the course of litigation. Except as otherwise provided by laws and judicial interpretations.

If a party repents of the recognized evidence, it shall be handled with reference to the provisions of Article 229 of the Supreme People’s Court’s Interpretation on the Application of the Civil Procedure Law of People’s Republic of China (PRC).

(New provisions)

The new rules have been deleted.

Article 67 In litigation, the recognition of the facts of the case involved in the compromise made by the parties for the purpose of reaching a mediation agreement or reconciliation shall not be used as evidence against them in subsequent litigation.

Article 68 Evidence obtained by infringing upon the lawful rights and interests of others or violating the prohibitive provisions of law cannot be used as the basis for ascertaining the facts of a case.

Article 90 The following evidence cannot be used alone as the basis for determining the facts of a case:

(a) the statement of the parties;

(2) Testimony made by a person without or with limited capacity for civil conduct that is not commensurate with his age, intelligence or mental health;

(3) Testimony of a witness who has an interest in one party or his agent;

(4) Audio-visual materials and electronic data with doubts;

(five) copies and reproductions that cannot be checked with the original and the original.

(Article 69 of the old regulations is revised)

Article 69 The following evidence cannot be used alone as the basis for determining the facts of a case:

(1) Testimonies made by minors that are not commensurate with their age and intellectual status;

(2) Testimony issued by a witness who has an interest relationship with one party or his agent;

(3) Audio-visual materials with doubts;

(four) copies and reproductions that cannot be checked with the original and the original;

(5) Testimony of witnesses who fail to testify in court without justifiable reasons.

Article 91 A copy containing part or all of the contents made by the producer of official documents and documentary evidence according to the original document has the same probative force as the original document.

If a copy, duplicate or abridged version of a document filed in a state organ is certified by the archival department or the organ that made the original as consistent with the original, the copy, duplicate or abridged version shall have the same probative force as the original.

(New provisions)

Article 92 The authenticity of private documentary evidence shall be borne by the party who advocates to prove the facts of the case by private documentary evidence.

A private document certificate is presumed to be authentic if it is signed, sealed or stamped by the producer or his agent.

If there are deletions, alterations, additions or other defects in the private document certificate, the people’s court shall judge its probative force based on the specific circumstances of the case.

(New provisions)

Article 93 The people’s court shall make a comprehensive judgment on the authenticity of electronic data in combination with the following factors:

(1) Whether the hardware and software environment of the computer system on which the generation, storage and transmission of electronic data depend is complete and reliable;

(2) Whether the hardware and software environment of the computer system on which the generation, storage and transmission of electronic data depend is in normal operation, or whether it will affect the generation, storage and transmission of electronic data when it is not in normal operation;

(3) Whether the hardware and software environment of the computer system on which the generation, storage and transmission of electronic data depend has effective monitoring and verification means to prevent errors;

(four) whether the electronic data is completely preserved, transmitted and extracted, and whether the methods of preservation, transmission and extraction are reliable;

(five) whether the electronic data is formed and stored in the normal activities;

(six) whether the subject of saving, transmitting and extracting electronic data is appropriate;

(seven) other factors affecting the integrity and reliability of electronic data.

If the people’s court deems it necessary, it may examine and judge the authenticity of electronic data by means of identification or inspection.

(New provisions)

Article 94 The people’s court may confirm the authenticity of electronic data in any of the following circumstances, unless there is evidence to the contrary sufficient to refute it:

(a) electronic data submitted or kept by the parties to their disadvantage;

(2) Provided or confirmed by a neutral third-party platform for recording and storing electronic data;

(3) Formed in the normal business activities;

(4) kept by means of file management;

(5) preserved, transmitted or extracted in the manner agreed by the parties.

If the contents of electronic data have been notarized by a notary office, the people’s court shall confirm its authenticity, unless there is evidence to the contrary enough to overturn it.

(New provisions)

The new rules have been deleted.

Article 70 The people’s court shall confirm the probative force of the following evidence presented by one party if the other party objects to it but there is no evidence to the contrary that can be refuted:

(1) The original documentary evidence or the photocopies, photos, duplicates and excerpts verified with the original documentary evidence;

(two) the original material evidence or copies, photos, video materials, etc. that are verified with the original material evidence;

(3) Audio-visual materials that are corroborated by other evidence and obtained by legal means, or copies that are verified with the audio-visual materials;

(four) a party applies to the people’s court to make a record of the inspection of the physical evidence or the scene in accordance with legal procedures.

Article 71 If the parties to an appraisal conclusion made by an appraisal department entrusted by a people’s court have no evidence and reasons to the contrary, it may be deemed as probative.

Article 72 If the evidence presented by one party is not enough to refute, the people’s court may confirm its probative force.

If one party objects to the evidence presented by one party and the other party rebuts it, the probative force of the rebuttal evidence can be confirmed if the other party approves it.

Article 73 If both parties adduce opposite evidence for the same fact, but there is no sufficient basis to deny the evidence of the other party, the people’s court shall, in light of the circumstances of the case, judge whether the probative force of the evidence provided by one party is obviously greater than that provided by the other party, and confirm the evidence with greater probative force.

If it is difficult to determine the disputed facts because the probative force of the evidence cannot be judged, the people’s court shall make a judgment according to the rules on the allocation of burden of proof.

Article 74 In the course of litigation, the people’s court shall confirm the facts and approved evidence that the parties admit against themselves in the indictment, defense, statement and the attorney’s statement, unless the parties repent and have evidence to the contrary enough to overturn them.

Article 95 If a party refuses to submit evidence under control without justifiable reasons, and the party who bears the burden of proof for the facts to be proved claims that the content of the evidence is not conducive to the controller, the people’s court may hold that the claim is established.

(Article 75 of the old regulations is revised)

Article 75 If there is evidence to prove that one party refuses to provide the evidence without justifiable reasons, if the other party claims that the content of the evidence is not conducive to the evidence holder, it can be presumed that the claim is established.

The new rules have been deleted.

Article 76 If the parties only state their own claims and cannot provide other relevant evidence, their claims will not be supported. Except those approved by the other party.

Article 77 The people’s court may determine the probative force of several evidences on the same fact according to the following principles:

(a) the probative force of official documents and documentary evidence produced by state organs and social organizations according to their functions and powers is generally greater than other documentary evidence;

(2) Physical evidence, archives, expert conclusions, transcripts of inquests or notarized and registered documentary evidence are generally more probative than other documentary evidence, audio-visual materials and witness testimony;

(3) The probative force of the original evidence is generally greater than that of the incoming evidence;

(4) The probative force of direct evidence is generally greater than that of indirect evidence;

(five) the testimony provided by a witness is beneficial to the parties who have relatives or other close relations with him, and its probative force is generally less than that of other witnesses.

Article 96 A people’s court may make a judgment by comprehensively analyzing the intelligence, moral character, knowledge, experience, legal awareness and professional skills of a witness when determining the testimony of a witness.

(Article 78 of the old regulations)

Article 78 A people’s court may make a judgment by comprehensively analyzing the intelligence, moral character, knowledge, experience, legal awareness and professional skills of a witness when determining the testimony of a witness.

Article 97 The people’s court shall state the reasons for the admissibility of evidence in the judgment document.

The reasons for the admissibility of evidence that is uncontroversial to the parties may not be stated in the judgment document.

(Article 79 of the old regulations)

Article 79 The people’s court shall state the reasons for the admissibility of evidence in the judgment document.

The reasons for the admissibility of evidence that is uncontroversial to the parties may not be stated in the judgment document.

VI. Others

Article 98 The lawful rights and interests of witnesses, expert witnesses and inspectors shall be protected according to law.

If a party or other litigant participants forge or destroy evidence, provide false evidence, prevent witnesses from testifying, instigate, bribe or coerce others to commit perjury, or take revenge on witnesses, expert witnesses and inspectors, they shall be dealt with in accordance with the provisions of Articles 110 and 111 of the Civil Procedure Law.

(Article 80 of the old regulations was revised)

Article 80 The lawful rights and interests of witnesses, expert witnesses and inspectors shall be protected according to law.

If a party or other litigant participants forge or destroy evidence, provide false evidence, prevent witnesses from testifying, instigate, bribe or coerce others to commit perjury, or take revenge on witnesses, expert witnesses and inspectors, they shall be dealt with in accordance with the provisions of Article 102 of the Civil Procedure Law.

Article 99 Where there are no provisions on evidence preservation in these Provisions, reference shall be made to the provisions on property preservation in applicable laws and judicial interpretations.

Except as otherwise provided by laws and judicial interpretations, the provisions on questioning witnesses in these Provisions shall apply to the inquiries of parties, appraisers and people with specialized knowledge; The provisions on documentary evidence apply to audio-visual materials and electronic data; Audio-visual materials stored in electronic media such as electronic computers shall be governed by the provisions of electronic data.

(New provisions)

The new rules have been deleted.

Article 81 The people’s courts shall apply summary procedures to hear cases, and shall not be restricted by the provisions of Article 32, Paragraph 3 of Article 33 and Article 79 of this Interpretation.

Article 82 If the past judicial interpretations of this Court are inconsistent with these Provisions, these Provisions shall prevail.

Article 100th These Provisions shall come into force as of May 1, 2020.

After the promulgation and implementation of these Provisions, if the judicial interpretation previously issued by the Supreme People’s Court is inconsistent with these Provisions, it will no longer apply.

(Article 83 of the old regulations is revised)

Article 83 These Provisions shall come into force as of April 1, 2002. These provisions shall not apply to civil cases of first instance, second instance and retrial that have not been concluded on April 1, 2002.

The people’s court shall not support a civil case that has been tried before the implementation of these Provisions, and the parties apply for retrial on the grounds of violating these Provisions.

These Provisions shall apply to the retrial of civil cases accepted after the implementation of these Provisions, which are tried by the people’s court in accordance with the provisions of Article 186 of the Civil Procedure Law.

Source: those things about legal persons

Original title: "At a glance! Comparison table of new and old provisions of the Provisions on Evidence in Civil Procedure (implemented on May 1, 2020).

Annual Report of Beijing Science and Technology Commission on Government Information Disclosure in 2019

  This report is made in accordance with the provisions of Article 50 of the Regulations of People’s Republic of China (PRC) Municipality on the Openness of Government Information.

  I. General situation

  In 2019, the Beijing Municipal Commission of Science and Technology (hereinafter referred to as the "Municipal Science and Technology Commission"), under the guidance of Socialism with Chinese characteristics Thought of the Supreme Leader in the New Era, thoroughly implemented the series of arrangements of the CPC Central Committee and the State Council on comprehensively promoting the openness of government affairs, closely focused on the work of the municipal party committee and municipal government center, and made great efforts to do key tasks such as voluntary disclosure of government information, disclosure by application, platform construction, etc., and actively met the government information needs of the public, especially all kinds of innovative subjects, in order to deepen the "streamline administration, delegate power, strengthen regulation and improve services" reform in the field of science and technology and optimize the environment

  (a) take the initiative to disclose the situation

  First, give full play to the role of the government website as a window for government affairs disclosure. In 2019, 1,028 pieces of government information were voluntarily disclosed, all of which were published through the government website of the Municipal Science and Technology Commission. The second is to adhere to the synchronization of policy formulation and interpretation. Within three working days after the release of major policies led by the Municipal Science and Technology Commission, digital, graphic, audio and video methods are used for visual and popular interpretation. The third is to continuously standardize the service information, set up a unified service entrance on the government website, and update the information such as the catalogue of government service items and service guidelines in time. The fourth is to further improve the interactive communication service, and understand public opinion, gather people’s wisdom and respond to people’s voices by conducting online interviews on government websites, holding press conferences, and organizing special government open days on "scientific and technological innovation".

  (two) according to the application for public handling.

  First, the government information disclosure guide of the Municipal Science and Technology Commission was revised, and the basic information such as office address and telephone number was updated in combination with the new office pattern that the Municipal Science and Technology Commission moved to the sub-center of the city. At the same time, for the convenience of the public, the government information disclosure acceptance office was set up in the main city to better provide government information disclosure services. The second is to smooth the application channels for information disclosure and standardize the acceptance, handling and reply. In 2019, the Municipal Science and Technology Commission received 21 applications for government information disclosure, including 9 applications for web pages, 6 applications for letters, 3 applications for emails, 2 applications in person and 1 application for faxes. The Municipal Science and Technology Commission accepted 22 applications for government information disclosure (including one carried forward from the previous year), completed 20 applications, and another 2 applications were answered in January 2020 according to the time limit for reply.

  (three) the standardization and management of government information resources.

  First, the Municipal Science and Technology Commission issued a full list of voluntary disclosure of government information, made clear the contents, time limits and forms of voluntary disclosure of 159 business matters, and formed a set of standard catalogues of government affairs disclosure. The second is to implement the publicity system of administrative law enforcement, and publicize the basic information such as the information of law enforcement subjects and personnel, responsibilities and authority, law enforcement basis, and dynamic information such as administrative license, administrative inspection and administrative punishment in columns to improve the transparency of administrative law enforcement. The third is to continuously standardize the approval process of government website information release, and combine content review with confidentiality review to ensure the accuracy and authority of information release. The fourth is to establish and improve the review mechanism of normative documents, do a good job in reviewing the openness of documents, whether it involves fair competition, legality, etc., and submit normative documents to the editorial department of the municipal government gazette in a timely manner.

  (four) the construction of government information disclosure platform

  First, strengthen the construction of the information disclosure platform of the government website, set up a first-level column "Government Affairs Disclosure", which consists of six second-level columns (institutional information, notices and announcements, policies and regulations, planning plans, news centers and special columns) to disclose the relevant information of the Municipal Science and Technology Commission in the process of performing administrative functions in real time. Second, make good use of new government media, further enhance the influence of "National Science and Technology Innovation Center" WeChat WeChat official account and "Science and Technology Beijing" Weibo, and timely convey the significant progress and achievements in the construction of the National Science and Technology Innovation Center.

  (five) the supervision and protection of government information disclosure and education and training.

  Improve the working mechanism of open government affairs, and constantly improve the liaison team of open government affairs of the Municipal Science and Technology Commission. Special training was conducted around the newly revised interpretation of the regulations on government information disclosure and case analysis of government information disclosure litigation, and nearly 200 people participated in the training, continuously improving the information disclosure business ability of the whole Committee system.

  Second, the initiative to disclose government information

Active disclosure of government information

  Iii. Receiving and handling applications for government information disclosure

Receiving and handling government information disclosure applications

  Four, the government information disclosure of administrative reconsideration and administrative litigation.

Administrative reconsideration and administrative litigation of government information disclosure

  Five, the main problems and improvement of government information disclosure work.

  Compared with the deployment requirements of this Municipality on government affairs disclosure and the new situation and new requirements for the construction of national science and technology innovation centers, there is still a gap in the government information disclosure work of the Municipal Science and Technology Commission, which is mainly manifested in the following aspects: First, the Regulations on Government Information Disclosure in People’s Republic of China (PRC), which came into effect on May 15, 2019, put forward higher requirements for the breadth and depth of government information disclosure, and the government information disclosure content of the Municipal Science and Technology Commission needs to be enriched to continuously meet the needs of the public, especially the innovation subjects. Second, in the process of accepting the application for disclosure of government information, some applicants have repeatedly applied to the Municipal Science and Technology Commission for similar information disclosure, or requested to collect, sort out and process government information for them, which effectively occupied administrative resources and affected the normal development of government information disclosure.

  In view of the above problems, the Municipal Science and Technology Commission has carefully studied and explored effective experiences and practices in the practice of making government affairs public. On the one hand, we will intensify the work of voluntary disclosure, compile the main points and division of tasks of the municipal science and technology commission in 2019, and the relevant responsible departments will conscientiously implement them. At the same time, we will strengthen the openness of decision-making and policy interpretation, solicit opinions extensively around the legislation in the field of science and technology such as the Regulations of Beijing Municipality on Promoting the Transformation of Scientific and Technological Achievements and the Measures of Beijing Municipality on Science and Technology Awards, and actively interpret relevant policies to create a good atmosphere for the construction of the national science and technology innovation center. On the other hand, taking into account the interests of all parties, it not only guarantees the public’s right to obtain government information conveniently and reasonably, but also pays attention to protecting state secrets, commercial secrets and personal privacy to ensure the normal development of government information disclosure.

  Vi. Other matters that need to be reported

  The website of Beijing Municipal Science and Technology Commission is http://kw.beijing.gov.cn. For more government information, please visit.

Russia and Ukraine fought in Kursk for more than two months. What’s the situation now? Will the war of life and death start?

The battle between the Russian and Ukrainian armies in Kursk may usher in a decisive battle for life and death.

According to CCTV news reports, on October 25, local time, Russian President Vladimir Putin said that the Ukrainian army surrounded by Russian troops in Kursk region had lost its command, and many Ukrainian soldiers did not even know that they were surrounded by Russian troops. The day before, Putin said that Russian troops were advancing in all areas of the contact line. About 2000 Ukrainian soldiers were surrounded in Kursk region.

Since August 6, when Ukrainian troops attacked thousands of square kilometers of Russian-controlled land, Russian and Ukrainian armies have been "fighting" in this area for more than two months. What is the current situation? If foreign troops really participate in the war, what impact will it have on the Kursk war situation?

On October 28, 2024, local time, a Russian soldier fired a howitzer at a Ukrainian position in the Russian-Ukrainian border area in Kursk, Russia. This article is a picture of vision china.

What’s the situation now?

On August 6th, Ukraine launched a well-planned cross-border operation in Kursk, Russia. Before this operation, the Ukrainian army relied on UAV reconnaissance and NATO intelligence support to conduct detailed reconnaissance in Kursk region, and made relatively full preparations for military deployment, assembling nearly nine brigades (including advance troops, main forces and reserve forces) and a certain number of mercenaries. After the operation began, first of all, drones and long-range missiles were launched against important institutions such as Russian air bases and command posts in the direction of Kursk State, and large-scale shelling was carried out. Ukrainian advance troops and mercenaries crossed the border and invaded Suja and Kolenevo regions in Kursk State, Russia. This is the first time since the outbreak of the Russian-Ukrainian conflict that Ukrainian regular troops have crossed the border to attack Russian mainland on a large scale.

At first, there were at least nine Ukrainian brigades involved in the cross-border attack in Kursk, Russia, including the 1st Brigade of the Attack Guard, 22nd Mechanical Brigade, 61st Mechanical Brigade, 80th Air Sudden Brigade, 82nd Air Sudden Brigade, 92nd Assault Brigade, 95th Air Sudden Brigade, 115th Mechanical Brigade and 129th National Brigade (note: each brigade participating in the war was not fully staffed, and many brigades only deployed some troops to participate in the battle in Kursk), among which the first brigade.

On October 18th, 2024, in Kursk, Russia, an engineer from the joint demining team of the Russian Ministry of Emergency Situations carried out explosive ordnance disposal operations in Belovski.

Due to the insufficient preparation of the Russian army, the troops stationed in Kursk are mainly border guards, and it is difficult for the border guards lacking heavy weapons to resist the heavy troops of the Ukrainian army. In less than 10 days, the Ukrainian army took control of 82 settlements in Kursk, covering an area of 1,150 square kilometers and a depth of 35 kilometers. According to Ukrainian officials, the Ukrainian army finally controlled about 1,200 square kilometers of land and 100 settlements in the state. On the one hand, the Russian army, caught off guard, fought and retreated, organized defense, on the other hand, dispatched troops from many directions to support the war in Kursk State.

After gaining a firm foothold, the Russian army began to counterattack. In Kursk, in addition to border guards, mercenaries and conscripts, the Russian army also invested many elite troops: the 155th Marine Brigade, the 40th Marine Brigade, the 106th Airborne Division, the 72nd motorized infantry division, the 810th Marine Brigade, and even the 22nd Special Forces Brigade directly under the General Staff. With the arrival of reinforcements, the Russian army gradually gained its strength advantage. According to estimates, the Russian army has more than three times the strength advantage in this area, and has received fire support from the Air Force.

Judging from the war situation in Kursk State, from August 6 to September 12, the Russian counterattack was very weak. The main operational purpose was to delay the offensive momentum and troop buildup of the Ukrainian army and prepare for the subsequent counterattack. The United States assessed that Russia needs as many as 20 brigades (about 50,000 people) to completely drive the Ukrainian army out of Kursk; Pat Ryder, a spokesman for the US Department of Defense, said on September 12th that Russia’s counter-offensive actions so far were "insignificant". The reason for this situation is mainly because the Russian army needs to balance the eastern front and the operations in Kursk, and it takes time to assemble and deploy its troops. Therefore, the real counterattack operations are mainly launched in mid-September.

After more than a month’s counter-offensive, the Russian army has regained control of nearly half the territory, which means that the Ukrainian army now controls an area of more than 500 square kilometers. This can also be felt from the official battle report of the Ukrainian army. The General Staff of the Ukrainian Armed Forces issued a war report on the 24th, saying that as of that afternoon, there were 101 battles in the front-line areas. The situation on the front line is still grim, and the Russian army, taking advantage of its manpower and equipment, keeps attacking Ukrainian positions. In Kharkov, Kupyansk, Pokrovsk, Kurahovo and other regions, the Ukrainian army is taking all measures to stop the Russian attack. In addition, the actions of the Ukrainian army in the Kursk region are still continuing.

On September 20, 2024, local time, Russian soldiers were preparing to launch mortars in Kursk region, Russia.

Battle decisive battle and key variables

For the purpose of attacking the Russian Kursk region, the official statement of Ukraine is to set up a buffer zone, but there is no sign of a large-scale attack by Russian troops in this area, and the statement of the buffer zone is puzzling. Later, Ukraine admitted that the main purpose of Ukraine’s surprise attack on Kursk was to divert the Russian army’s attack on Pokrovsk, a major town in eastern Ukraine, which was an important logistics hub of the Ukrainian army, that is, "encircling Wei to save Zhao". Some analysts said that another purpose is to control the nuclear power plant in Kursk region as "an important bargaining chip" for the follow-up negotiations.

However, the purpose of "encircling Wei to save Zhao" has not been realized now. The Russian army stepped up its offensive on the eastern front, and the battle against Kursk state did not even specify the time node for the Ukrainian army to fight the territory, that is, it did not seek a quick victory. For the Ukrainian side, if we retreat easily now, the negative political and military impact will be unbearable. With the arrival of the Russian counterattack, the Ukrainian army will also dispatch troops to continue to increase its troops in the direction of Kursk, and the two sides have launched a tragic war of attrition and positional warfare in the direction of Kursk. The high-level command of the Ukrainian army has made strategic adjustments and decided to transfer some troops of the 116th Brigade and the 145th and 148th Brigade from the front line of Kulahov to the Kursk region.

According to a report by the Russian news agency on October 20th, the commander of the Ukrainian special forces revealed that the strength of the Ukrainian army in Kursk has increased to 14 brigades, and a large number of foreign mercenaries have joined the battle. This action marks that the Ukrainian army has expanded its strength from 8 brigades to 14 brigades in just 10 days to cope with the Russian counterattack.

Now, in the direction of Kursk, the two villages of Malaya Lokonia and Victorov Ka have become the focus of contention between the two sides. The village of Loknya in Malaya is currently under the control of the Ukrainian army, and the situation in Victorov Card is also very complicated. The two sides fought fiercely, and the reinforcements from Suja of the Ukrainian army further strengthened the defense of these positions, which hindered the Russian offensive in this area.

According to the relevant analysis, the place where the Russian President said that 2,000 Ukrainian troops were surrounded should refer to the villages of Pogrebuki, Marie Jefka, Krugrenko and orlov Ka. There are about three battalions of Ukrainian troops, surrounded on three sides and blocked by aviation, drones and artillery on the other side. This also means that all supply and evacuation routes are controlled by fire, and there are not enough means of transportation to evacuate. If you want to retreat, you must rely mainly on your feet. The situation is very bad for Ukrainian troops.

Now, on the one hand, the Ukrainian army has deployed troops from other fronts to consolidate the defense line and find opportunities to attack. On the other hand, it has used suicide drones to attack the strategic targets behind the Russian army and delay the Russian attack. With the support of the air force, the Russian army stepped up its attack, controlled strategic locations, sought the opportunity of decisive battle in this region, and sought to deploy more troops to Kursk to expand its military superiority.

The most important thing now is whether Russia can get foreign support from tens of thousands of people. Recently, there have been many news reports in this regard. Some news is hard to distinguish between true and false, and some official statements are silent. The truth is unknown. If Russia can really get this support and invest in the Kursk battlefield, it will be an important variable in this battlefield, which is likely to affect the direction of the upcoming decisive battle, which deserves attention.

On October 18, 2024, local time, a man walked through a wall in Kursk, Russia, and a banner was hung on the wall to commemorate Russian soldiers who participated in Russian military operations in Ukraine.

Roewe also broke out, with a fuel consumption of 6.3L

The appearance of the new plus has been greatly modified. The inverted trapezoidal air intake grille is more exquisite, and the lines around it are still very smooth. The black mesh of the woven style is highly recognizable, and the headlight group of the new car is solid. The whole lamp group also has a certain angle of inclination, and the internal lens of the lamp group is solid. The straight line raised on the hood emphasizes a certain sense of strength, and the fog lamp areas on both sides are concave. The periphery is also decorated with cutting lines to enhance the three-dimensional sense. The trapezoidal air intake is relatively wide, and it is also equipped with a hollow-out middle net. The front bumper of the new car is solid and the front face of the whole car is younger.

Interior: the interior design is also very good, the big screen design is also very good, and there are many central control buttons that are also simple and fashionable. I like the overall interior style very much. Space: I’m satisfied with the space, especially the space for the legs in the back row. Sitting in the back row makes me feel that my legs stretch very well. My family likes this big space because my parents and the elderly like it very much, and the trunk is very big.

Roewe RX5 has a length of 4655mm, a body width of 1890mm and a wheelbase of 2765mm, which is quite satisfactory. In the same class, the wheelbase of Roewe RX5 ranks 28th. This size exceeds most models in its class. The actual interior space performance is also very good. From the actual ride experience, the front and rear rows are relatively spacious. The sunroof of Roewe RX51.5T flagship intelligent driving version provides a wider field of vision, which can create a better visual environment and good sensitivity for the rear passengers and increase the light intake for the whole vehicle. Among the models of the same price and class, the trunk volume of Roewe RX5 ranks 27th. It can basically meet the luggage space for family travel. But there is no extra hidden storage space.

Roewe RX51.5T flagship intelligent driving version uses 1.5 engine, with maximum horsepower of 188 and peak torque of 300, matching wet dual clutch (DCT) gearbox. 1.5 The engine with Roewe RX5 is quite satisfactory in power performance, weak in low torque and can feel hysteresis. Ranked 48 th among 80,000-120,000 SUV models.

Roewe RX5 has complete active/passive safety configuration, includingAutomatic parkingZero tire pressure endurance tireAutomatic parkingSteep slope descenthill start assist controlknee airbagHUD head-up displayAnti-lock braking (ABS)Braking force distribution (EBD/CBC, etc.)Brake assist (EBA/BAS, etc.)Traction control (ASR/TCS, etc.)Active noise reductionEngine start and stopSide safety air curtainWireless charging of mobile phonenight vision systemLED daytime running lightsForward reversing radarTire pressure monitoringSteering wheel heatingBody stability control (ESP/DSC, etc.)Rear reversing radarFatigue reminderRemote parkingChild seat interfaceLane keeping (LKAS)Equal configuration.

Among them,Automatic parkingYou can avoid stepping on the brakes for a long time or needing to pull frequently;Steep slope descentCan safely pass through steep slope road conditions at low speed;knee airbagReduce the injury of the car interior to the occupant’s knees in the secondary collision.

In addition to the above description, we can also go to the Easy Car Forum to browse more real car feedback from actual buyers, or use our experience.

Renamed eπ S08 Dongfeng Yipai eπ 008 application picture appears

  [Autohome domestic spy photos] Recently, in the latest MIIT catalog, we once again found the figure of Dongfeng Yipai eπ 008 (). According to its tail label, the car is expected to be renamed Dongfeng Yipai eπ S08. It is reported that the new car is positioned as a medium and large SUV, and will provide plug-in hybrid and pure electric models, which are expected to be officially launched in the third quarter of this year.


  Friendly reminder:I hope that enthusiastic netizens can take pictures of the new car spy photos you found and send them to our corresponding mailbox: diezhao@autohome.com.cn, looking forward to hearing from you and becoming a member of the "spy".


Autohome

"Plug-in hybrid"Oh, yeah."

Autohome

"Pure electric version"Oh, yeah."

  Looking at the new car, its front face adopts the latest design style, the closed grille is in line with its new energy identity, and the through-type headlight group and the raised rib line of the engine hatch cover make this car look very atmospheric. The plug-in hybrid version has low wind resistance wheels, while the pure electric version has 7-spoke wheels and is equipped with a side-view camera.

Autohome

"Plug-in hybrid"Oh, yeah."

Autohome

"Pure electric version"Oh, yeah."

  In terms of body size, the length, width and height of the new car are 5002/1972/1732mm respectively, and the wheelbase is 3025mm. In terms of the rear, the car adopts the same through-type taillight set as the front, with a spoiler placed on the roof and a black trim at the rear bumper below, which enriches the visual hierarchy of the vehicle.

Autohome

  In terms of power, the plug-in hybrid model will be equipped with a combination of 1.5T engine and motor, of which the maximum engine power is 108kW and the pure electric battery life is 154km; the pure electric model motor has a maximum power of 200kW and a cruising range of 636km. For more information on the new car, we will also continue to pay attention to reports. (Text/Autohome Guo Chen)