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　　A few days ago, the statement that "WeChat shopping is not protected by the Consumer Protection Law" triggered a heated discussion. Online shopping has increasingly become an important form of consumption, and how to protect consumers’ rights and interests has also become an associated problem. Does WeChat Shopping Apply Consumer Law? What should we pay attention to in online shopping rights protection?

　　In the recently released Information Analysis Report of the Command Center of Gansu Provincial Administration for Industry and Commerce for the First Half of 2016 (hereinafter referred to as the Report), there is a discussion on the applicable laws of WeChat shopping: "WeChat shopping is not protected by consumer law, and consumers are advised to deal with it through judicial channels." When this statement came out, it caused a heated discussion.

　　The person in charge of the 12315 Command Center of Gansu Provincial Administration for Industry and Commerce responded during the interview that the Report is a situation analysis based on the complaints in the first half of the year, mainly aimed at the behavior of "private transactions" in WeChat "friends circle", "but the wording and expression are incomplete and imprecise. The applicable laws of WeChat shopping should be treated differently. Now many enterprises or individual industrial and commercial households with legal procedures such as business licenses also carry out sales activities through WeChat, which is within the scope of consumer law adjustment. "

　　Consumer law does not protect private transactions in WeChat friends circle.

　　"To judge whether WeChat shopping is applicable to consumer law, we should conduct classified discussions." The relevant person in charge of the Regulations Department of Gansu Provincial Administration for Industry and Commerce said. Wechat shopping behaviors applicable to the adjustment of consumer law mainly include: first, legally qualified market entities conduct transactions through WeChat; Second, transactions conducted on micro-stores (third-party trading platforms) that have obtained legal qualifications; Third, promote products and conduct transactions through WeChat WeChat official account. WeChat official account is not facing a specific target, and WeChat users choose goods and services according to their own needs, so WeChat official account’s marketing behavior should fall within the scope of consumer law adjustment.

　　"The transaction conducted by private letter through the circle of friends, the object of the transaction is a specific object, which belongs to the private transaction between individuals. It is difficult to adjust and regulate by the elimination method, and it should belong to the scope of legal norms such as the contract law and the general principles of civil law." The person in charge explained.

　　It is also pointed out that after purchasing goods through private transactions, consumers can claim compensation from producers (that is, product manufacturers) according to the law of elimination if personal or property damage is caused by product defects.

　　Wechat shopping is not an uncontrollable vacuum.

　　The "transaction between private individuals" in WeChat does not apply the elimination method, but it does not mean that consumers have no basis for safeguarding rights, nor does it mean that the industrial and commercial departments can not perform their supervisory duties. The person in charge of the Network Supervision Department of Gansu Provincial Administration for Industry and Commerce said that we should encourage and welcome WeChat shopping, a constantly developing emerging format, and believe that relevant laws and regulations will be introduced to regulate and supervise it in the future.

　　Lawyer Gao Bingming of Gansu Zhengding Law Firm believes that WeChat shopping is not an uncontrollable vacuum, and disputes can be solved by applying contract law and other laws. If businesses are suspected of violating laws and crimes, they should be further investigated for their responsibilities. There have been cases in which Wechat business was sentenced for selling fake and shoddy goods.

　　However, it is also true that it is difficult for consumers to defend their rights in the event of disputes between private individuals through WeChat. The "Report" pointed out that in the first half of this year, there were 2,046 Internet sales service consultations in Gansu Province, up by 100.04% year-on-year. Among them, WeChat online shopping disputes grew rapidly, and the main problems were: the quality of the goods sold was not up to standard; Merchants do not deliver goods after WeChat payment; After-sales service is not guaranteed.

　　"Unlike online shopping that needs to be conducted through a formal online trading platform, individuals only need to register a WeChat account to sell goods or services through WeChat, and they can open a business without real-name registration system and handling relevant documents. Consumers cannot accurately know the seller’s information." The person in charge of the 12315 Command Center said that as a social tool, WeChat is closed and highly private, which makes supervision more difficult.

　　"Because most consumers can’t determine the seller’s real information and can’t provide corresponding consumption vouchers, complaints against Wechat business are often unacceptable, and the legitimate rights and interests of consumers can’t be effectively protected." The relevant person in charge of Gansu Consumers Association told the reporter that the WeChat shopping disputes that have been successfully mediated at present are basically sellers with physical shops online.

　　Wechat will restrict the access of rebate merchants

　　What management responsibilities should the operators who provide mobile internet channel access services for Wechat business bear?

　　"The common sales behaviors and transactions on WeChat are actually not completed on the WeChat platform itself, but the expansion of various applications through WeChat." The head of Tencent’s WeChat team said in an interview that users have the right to choose their own WeChat usage methods, but the premise is legal and compliant; For violations of relevant laws and WeChat user agreements, WeChat will resolutely crack down on joint rights holders. If users encounter infringement in the process of using WeChat, they can report it through the reporting portal of WeChat.

　　The WeChat team also said that it will continue to crack down on fraudulent accounts. From December 13, 2015 to June 11 this year, more than 100,000 titles have been sealed. "We will strictly restrict the access of rebate merchants and even refuse to use the platform interface."

　　view

　　The person in charge of the relevant departments of the State Administration for Industry and Commerce said

　　Enterprises use WeChat marketing to apply elimination method.

　　Yang Hongcan, director of the Consumer Protection Bureau of the State Administration for Industry and Commerce, said in an interview with the media that it is difficult to protect consumers’ rights and interests according to the terms of the Consumer Law. Consumer law adjusts the relationship between rights and obligations between consumers and operators. However, WeChat purchasing is often carried out in the name of "friends and acquaintances help", which belongs to private entrustment, and many of them are part-time amateurs. In this case, it is difficult to identify the purchaser as the operator, and it is more likely to be regarded as an ordinary civil dispute after a dispute arises, and it is also difficult to apply the provisions of consumer law. If the enterprise conducts marketing through WeChat and conducts purchasing business, the provisions of consumer law shall apply.

　　Shenyang consumers’ association zhizhao

　　Online shopping should pay attention to retaining evidence such as screenshots.

　　Wang Jinwen, secretary-general of Shenyang Consumers Association, suggested that consumers can take the following steps to safeguard their legitimate rights and interests when they encounter problems when shopping in enterprise micro-stores:

　　The first is to collect and retain evidence. Take photos of fake and shoddy products from all angles with your mobile phone, and take screenshots of the chat record with the seller for use when complaining. The second is to contact the seller for return. The third is to contact the third-party trading platform (micro-store) for compensation. If the online trading platform knows or should know that the seller infringes on the legitimate rights and interests of the buyer and fails to take measures, or cannot provide real information of the merchant, it may claim compensation from the trading platform. The fourth is to complain to the industrial and commercial department or the Consumers Association where the micro store is located. Fifth, those who are suspected of committing crimes report to the public security organs for filing. Sixth, those who cause personal injury to consumers have the right to claim compensation from sellers and producers.

　　Lawyer analysis

　　Natural persons may also be identified as "operators"

　　Yang Naichao, a lawyer of Beijing Lanpeng Law Firm, believes that the consumer law does not clearly define the operator, but generally refers to the economic entity that has obtained the business license. However, in February this year, the State Administration for Industry and Commerce issued the "Guidelines for Seven Days’ Unjustified Return of Goods Purchased on the Internet" (draft for comments), which defined online sellers as "legal persons, other economic organizations, individual industrial and commercial households or natural persons who sell goods through the Internet", and classified "natural persons" into the category of e-commerce operators, indicating that the definition of "operators" may still change in the future.

　　"According to the provisions of the Consumer Law, if the online trading platform provider cannot provide the real name, address and effective contact information of the seller or service provider, consumers can also claim compensation from the online trading platform provider. However, WeChat does not belong to the online shopping platform, and it is difficult for consumers to claim compensation for the WeChat platform. " Gao Bingming, a lawyer of Gansu Zhengding Law Firm, said.

　　(Interviewed by our reporters Lin Lizhen, Liu Hongchao, Chai Qiushi and Yang Xu)

A few days ago, we obtained a set of spy photos of real cars from relevant channels. The new car is likely to be built with the same platform, positioning medium and large pure electric SUVs. It is reported that it will be officially listed from June to July 2025, and the price range may be 300,000-400,000 yuan.

In terms of appearance, the new car adopts the design language of Xiaomi family. The front face is divided into closed low wind resistance design, and the upper part of the "meter" LED headlight group on both sides is hollowed out, which is likely to be connected with the air outlets on both sides of the engine room cover and the side air outlets on the fender. At the same time, the two sides of the front enclosure are also equipped with "fangs" shaped air ducts to optimize the aerodynamic effect. In addition, the roof is equipped with laser radar to support high-order intelligent driving.

The design proportion of long front and short rear is adopted on the side of the car body, and the visual center of gravity is moved backward. Combined with the D-pillar with large inclination angle and the rising window line, the car body posture is ready to go. With the six-spoke wheel hub and yellow Brebo caliper, it exudes a strong sense of movement. The rear part is equipped with a U-shaped taillight group, which is more concise than the SU7. The upper two-section hollow tail wing is matched with the diffuser on the lower rear enclosure to emphasize its good sports performance.

In terms of size, the length, width and height of the new car are 4999/1996/1600mm and the wheelbase is 3000mm respectively. In terms of power, the new car will be equipped with a dual-motor system. The maximum power of the front and rear motors is 220kW and 288kW, respectively.

Saic (Shanghai Automotive Group Co., Ltd.) is a company with several automobile brands, including:Roewe、MG (mg)、SAIC Volkswagen (SAIC Volkswagen)、SAIC-GM-Wuling、SAIC Maxus、SAIC-GM Cadillac (Cadillac)、SAIC-GM BuickandSAIC-GM ChevroletWait.

SAIC is one of the largest automobile manufacturers in China and one of the largest automobile manufacturers in the world. Founded in 1958, the company is headquartered in Shanghai, China. SAIC focuses on automobile manufacturing, involving passenger cars, commercial vehicles, new energy vehicles, smart cars and other fields. Its product line covers cars, SUVs, MPVs, pickups and other models. SAIC not only has a high reputation in the domestic market, but also has a wide influence in the international market.

Among the automobile brands of SAIC,RoeweIt is an independent passenger car brand under SAIC, with the brand positioning of "technology, fashion and intelligence", which is mainly aimed at young consumers.MG (mg)It is a British brand owned by SAIC, which is characterized by fashion, sports and youthfulness, mainly for young consumers.SAIC Volkswagen (SAIC Volkswagen)It is a brand jointly established by SAIC and Volkswagen, Germany. It is characterized by high quality and high cost performance, and mainly produces and sells mid-to high-end passenger cars.SAIC-GM-WulingIt is a brand jointly established by SAIC and General Motors. It is characterized by "practicality, economy and durability" and mainly produces and sells economical passenger cars and commercial vehicles.SAIC MaxusIt is a commercial vehicle brand under SAIC, which is characterized by "innovation, intelligence and green" and is mainly oriented to the commercial vehicle market.SAIC-GM Cadillac (Cadillac)It is a brand established by SAIC and General Motors of the United States. It is characterized by luxury and high-end, and mainly produces and sells luxury models.SAIC-GM BuickIt is a brand jointly established by SAIC and American General Motors. It is characterized by "comfort, luxury and safety" and mainly produces and sells high-end passenger cars.SAIC-GM ChevroletIt is a brand jointly established by SAIC and General Motors of the United States. It is characterized by "passion, vitality and innovation" and mainly produces and sells mid-to high-end passenger cars.

Generally speaking, SAIC has a variety of automobile brands, and each brand has its own unique characteristics and advantages, which can meet the needs of different consumers. If you are looking for a car, you can consider the brand of SAIC, and I believe you can find a car that suits you.

1905 movie network news Since the film was released in North America, the word-of-mouth rating has remained high, and good news has spread frequently. The film has not only been shortlisted for many times in the 2019 annual list of well-known media at home and abroad, but also won high scores on domestic and foreign scoring websites such as Douban, imdb and Rotten Tomato, and conquered countless celebrities inside and outside the industry with Oscar-level high quality. "Little Cheap" Ryan Reynolds, "Model Worker Sister" Jessica Chastain, etc. have call for the film fancy. Currently, the filmIt has been confirmed to be introduced into China.

Little Women is adapted from the world famous book of the same name, Oscar gold medal director.Greta Gerwig() with delicate and innovative narrative techniques, it brings a vibrant modern style to the film, which makes celebrities from all walks of life fall for it. "Xiao Xiao" Ryan Reynolds () was "cured" by the film, and fancy call on Twitter: "Just watched Little Women. I might brush it. It’s amazing. The doctor should prescribe Little Women. Go and see! Go and see! Go and see! "

The famous Hollywood actresses even praised Little Women, who is dominated by women. Jessica Chastain (), a "model worker", was deeply moved by the love of the four March sisters in the film. She directly quoted a love line from the film with a crying face on Twitter to express her excitement.Natalie Portman () urged Jia Amway online: "Who else has seen Little Women directed by Greta? A wonderful movie. "

Little Women’ s behind-the-scenes team is Oscar-rated, andReese Witherspoon(Obviously, she felt the sincerity of this high-level production team. She commented on the film "original, modern, romantic and beautiful" in three tweets. Greta’s director was "worthy of all praise" and the actors’ performances, exquisite costumes and perfect art "stole my heart".

horror fictionmasterStephen King() Little Women, whose keynote is warmth and healing, was praised unexpectedly. He said that the film was "entertaining", "fascinating" and "not vulgar", and people had to admire Little Women’s charm of breaking genre boundaries.

directorTom Fordtransfiguration“lemonrefined":"After seeing Lady Bird, I certainly admire Greta’s directing skills, but after seeing Little Women, I began to envy her, very jealous of her. Compared with Ford’s "envy and hate", the great directorGuillermo del Toro() comments are even more nuanced. He praised the film "the picture, the soundtrack, the sound design and the performance style are gorgeous but grounded", and he also included Little Women in his list of 14 excellent films in 2019.

Chinese food culture has a long history.

Decoct, frying and stew three meals a day,

We are all inseparable from oil.

As the second largest crop in China,

Constantly stimulating the taste buds,

Open the carnival on the tip of your tongue.

What are the types of "oil bottles" in China?

What knowledge is closely related to health?

Today, small farmers invited

Rapeseed genetic breeder, academician of China Academy of Engineering.

Wang Hanzhong,

Ask experts to talk about the knowledge of edible vegetable oil for everyone.

　 　 　 　What is an oil crop?

Oil crops refer to a kind of crops that mainly produce oil and protein, and the proportion of oil and protein in their seeds exceeds 50%. The representative crops are rape, soybean, peanut, sesame and sunflower.

In addition to the above herbaceous oil crops, perennial woody oil plants such as camellia oleifera, oil palm, coconut and walnut are also good oil plants.

Main oil crops

oil seed rape

"The world sees China for rape", and China is the origin of rape, which has been cultivated for thousands of years.

Rapeseed is the largest source of edible oil for plants in China, and it is the most widely distributed and planted oil crop in China. In China, winter rape is mainly planted, which is mainly distributed in the Yangtze River basin and the south of the Yellow River, while spring rape planting area is relatively small, which is concentrated in the north of the Yellow River.

The main types of rape cultivated in China are Brassica napus and Brassica napus. Brassica napus (small rape) evolved from Chinese cabbage in northwest China, and Brassica napus evolved from natural hybridization between Chinese cabbage and cabbage in the Mediterranean basin, which is a common rape type at present.

Rapeseed oil is rich in unsaturated fatty acids, especially linoleic acid and linolenic acid, of which omega-3 accounts for about 10% and omega-6 accounts for about 20%. These fatty acids are very important for cardiovascular health, which helps to lower cholesterol levels and reduce the risk of heart disease.

1. Omega-3 is a general term for a class of unsaturated fatty acids. It cannot be synthesized by itself in human body, and it must be supplemented by the outside world, which can reduce the level of triglycerides, reduce the production of fat and inhibit the synthesis of other fatty acids.

2. Omega-6 is one of the fatty acids needed by human body, which can’t be synthesized by itself in human body. It has the function of synthesizing prostaglandin and other regulatory molecules, which can reduce blood viscosity. Omega-6 will be converted into fatty acids needed for infant brain development in human body to promote normal brain development.

soybean

Soybean originated in China, and has been an important food crop in China since ancient times, with a cultivation history of more than 5,000 years. The main production areas are concentrated in Northeast China, Huanghuai River Basin and some southern regions.

Like rape, soybean oil is rich in linolenic acid and omega-6, of which omega-3 accounts for about 9% and omega-6 accounts for nearly 30%, which are important sources of essential fatty acids for human body.

peanut

Peanut, a leguminous peanut belonging to panicum miliaceum, is a kind of nut widely planted in China, which is rich in yield and deeply loved by people. It is also called "longevity fruit" and "mudou".

China is the first major producer of peanuts, and the main producing areas are mainly Huang-Huai River Basin, such as Shandong and Henan.

The main components of peanuts include protein, fat and sugar. From the point of view of oil, peanut has high oleic acid content, and omega-6 accounts for a relatively high proportion, which can effectively reduce low-density cholesterol. Moreover, there are sterols in peanut oil, and regular consumption of peanuts also plays a certain role in preventing coronary heart disease.

sesame

　 　 　 Sesame is an important oil crop in China. Common sesame seeds are mainly black and white, of which black is mainly used for eating, while white is mostly used for oil extraction.

Sesame is widely planted in China, mainly in the middle and lower reaches of the Yellow River and the Yangtze River, with more distribution in Henan, Hubei, Anhui, Hebei and other provinces.

Sesame seeds contain about 45%-55% oil and 17%-27% protein. The oil extracted from sesame seeds has a fragrant smell and can be used as edible oil and medicine.

sunflower

Sunflower, a tall annual herb in Compositae, is native to North America and cultivated all over the world. Sunflower planting in China is mainly concentrated in arid areas such as northwest and northeast China.

The oil content of sunflower seeds can reach 45%-60%, and it is delicious. The content of omega-6 in sunflower seed oil is high, reaching about 60%, which has many benefits for removing vascular garbage and preventing cardiovascular diseases. The fly in the ointment is that the content of omega-3 in sunflower is relatively low, only about 1%.

Woody oil crops

tea-oil tree

Camellia oil is an edible vegetable oil extracted from the mature seeds of Camellia oleifera. It grows in the mountains and hilly areas of subtropical humid climate areas in southern China, and the main producing areas are in southern China.

The oil content of Camellia oleifera is not high, generally around 20%-30%, and the unsaturated fatty acid content is as high as 90%. Compared with common rapeseed oil, soybean oil and peanut oil, the "oil efficiency" is not ideal.

walnut

Walnut is one of the world-famous "Four Dried Fruits" and has the reputation of "longevity fruit" among the people.

The oil content of walnut is far ahead among many woody oil plants, and its kernel oil content is as high as 70%, so it is also called "oil depot on the tree".

Walnut oil is the most nutritious variety among woody plants, with its omega-3 content accounting for about 10% and omega-6 content accounting for 30%-40%, especially the northern Xinjiang walnut oil, which can be comparable to the high-quality rapeseed oil on the market. However, the omega-3 content of walnut oil in southern China is relatively low, about 2%.

In addition, walnuts are also rich in calcium, iron, phosphorus, zinc and various vitamins, which are of great benefit to children’s physical and intellectual development. In recent years, walnut oil has become a new generation of walnut products, and it is a woody oil crop with the best health effect, which has been loved by many consumers.

Chinese olive

Olive oil is made from fresh olive fruit by direct cold pressing. The main producing countries of olive are concentrated in Mediterranean coastal countries, and are mainly planted in Longnan, Gansu and northern Sichuan in China.

The oleic acid (monounsaturated fatty acid) content of olive oil is extremely high, reaching 80%. Eating oil rich in monounsaturated fatty acids is beneficial to lowering "bad cholesterol" (low-density cholesterol) and raising "good cholesterol" (high-density cholesterol) in blood, so it is especially praised by people all over the world. Moreover, due to the low content of polyunsaturated fatty acids (linoleic acid and linolenic acid), the heat resistance is good and the oxidation risk is relatively small.

The fly in the ointment is that olive oil and camellia oil have a common shortcoming, that is, they almost do not contain an essential fatty acid-α -linolenic acid, which will do great harm to human health if the diet is lacking for a long time.

palm

Palm oil is a tropical woody plant oil. Southeast Asia and Africa are the main producing areas of palm oil, accounting for about 80% of the world’s total palm oil production. Indonesia, Malaysia and Nigeria are the top three producers in the world. China’s palm oil production is not high, and most of it depends on imports.

In terms of oil content, experts said that the farther south palm oil is, the higher the oil saturation is, and the oleic acid content in Malaysian palm oil can reach 50%.

Experts reminded that although woody oil crops have both ecological and economic values, it is not advisable to plant woody oil plants by deforestation. The effective development of woody oil crops in the future needs further exploration.

In fact, there are many oil crops in China, such as corn, perilla and cotton, which are all excellent oil crops.

Review began on the banks of the Yellow River,

Over 5,000 years of farming history in China,

The ancestors expanded the boundaries of the fields step by step,

Explore the growth of crops,

Enrich the dining table of the people.

What other oil crops are you interested in?

Welcome to discuss with small farmers.

　

Yang Yantao, head of medical operation and scientific affairs of Nestle’s infant nutrition business unit, was interviewed by China Economic Net.

　　Economic Daily-China Economic Net Beijing News From June 23 to 25, the 2019 China International Food Safety and Innovative Technology Exhibition, one of the key activities of the National Food Safety Publicity Week hosted by China Economic Net, was held in Beijing. Yang Yantao, the head of medical operation and scientific affairs of Nestlé’ s infant nutrition business unit, introduced the research and development achievements of Nestlé’ s latest products during an interview with China Economic Net.

　　Yang Yantao introduced that Nestlé’ s attendance at the exhibition brought products for people with special health needs such as infants and pregnant women, some of which have not yet been listed in the domestic market, including the "upgraded version" of Super Nengren. "There are naturally more than 150 kinds of breast milk oligosaccharides with different structures in breast milk. Breast milk oligosaccharides are very helpful for children’s immune regulation, organ maturity and resistance to external bacteria." Yang Yantao said that Nestle added this research result to infant formula, "I hope this product can be listed in China as soon as possible to protect the healthy development of China baby."

　　In addition, Yang Yantao told reporters that for premature babies, there are special nutritional needs besides breastfeeding, so Nestle has developed a product composed of protein, minerals, vitamins and other ingredients to meet this demand, and adopted the latest PHF four-degree proteolysis technology in it, which can better benefit premature babies from breastfeeding.

At the scene of family help and education, the family members advised the prisoners: "Make a good transformation, we will wait for you to go home." Photo courtesy of Jianyang Prison

For prison police, how to manage and reform felons is definitely a "headache": they have been detained for a long time, their mood fluctuates greatly, they give up on themselves in the middle of serving their sentences, they often have suicidal thoughts, and even try their best to escape …

In the northern part of Fujian, there is such a special prison. Among thousands of criminals detained, the proportion of criminals whose original judgment is indefinite and whose death sentence is suspended is as high as 67%. Since 1980s, it has been the prison with the highest proportion of felons in Fujian Province.

This prison is Jianyang prison.

After the Criminal Law Amendment (VIII) and the new provisions of the Supreme Law on commutation and parole were promulgated, the frequency and extent of commutation were reduced accordingly, and more felons had to spend the rest of their lives in prison. The police in Jianyang Prison were facing new management challenges.

"Commutation was once the biggest motivation for criminals to reform. After the new regulations were adjusted, we need to let them find a new head in the high wall." Gao Qiuhua, director of Jianyang Prison, told The Paper, "In the new management period, the prison has adopted a series of measures such as family support and education, increasing labor remuneration, and introducing social resources to help and teach, so that felons can see hope in despair and confess their sins and repent while obeying discipline."

"Make a good transformation and come to see you on your 90th birthday."

I learned that my son Lin Cheng (pseudonym) had to spend at least 30 years in prison. After visiting the prison at the end of 2011, 79-year-old Wu Xiumei (pseudonym) left a sentence, "I am old, I can’t walk, and I can’t come to see you in the future. You should take care of yourself."

This sentence also disillusioned the 41-year-old Lin Cheng’s only inner sustenance, and muddling along and living negatively became his attitude towards life in prison. Previously, he was sentenced to death with a suspended sentence for robbery and murder, and was taken to Jianyang prison in September 2011.

For Lin Cheng when he first entered the prison, Yang Kaifeng, the head of the third prison area of Jianyang Prison, is still impressed. "The initiative of transformation is poor, and he soon became a backward element in the transformation of the sub-supervision area." Yang Kaifeng told The Paper that the police had educated him many times, but he was indifferent. He replied that "my sentence is longer than my life, so it doesn’t matter".

After many studies and analysis by the police in the prison area, it is considered that it is possible to influence and reform Lin Cheng through the way of family support and education. Later, Yang Kaifeng called Lin Cheng’s mother, Wu Xiumei, many times and invited her to meet with him if she had the conditions, so as to help her son correct his attitude and rebuild his confidence in the reform.

Perhaps moved by the prison’s spirit of helping and teaching, Wu Xiumei promised Lin Cheng "if you can make a good transformation, I will come to see you if my physical conditions permit."

With his mother’s promise, Lin Cheng, like a "changed person", began to actively cooperate with the reform of the prison and worked hard. "My mother is over 80 years old, and I don’t know if there is any chance to meet again." This sentence is also often hung on Lin Cheng’s lips.

In April 2018, Jianyang Prison decided to hold a special family education meeting on the eve of Mother’s Day. Lin Cheng, who had performed well before, was qualified to meet his family. Lin Cheng’s mother, Wu Xiumei, also promised to attend the help-and-education meeting.

Holding the flowers sent by Lin Cheng and the insoles made by himself, enjoying his son’s unskilled rubbing his shoulders and combing his hair, Wu Xiumei’s eyes filled with tears: "My son will make a good transformation, and I will come to see you when my 90th birthday comes." Lin Cheng, who was on the side, nodded his promise firmly with tears.

Kou Lixin, deputy director of Jianyang Prison, who is in charge of education and reform, said that since the 1980s, Jianyang Prison has become the main prison in Fujian Province for holding life imprisonment, death penalty suspended for two years and other felons. Among the thousands of criminals currently in custody, 67% are sentenced to death with a suspended sentence or life.

Compared with short-term criminals, the management of heavy criminals is much more difficult. Kou Lixin said that after entering the prison, most felons showed pessimism and despair, and their thoughts were decadent.

"Many people think that the prison term is longer than life, and they can’t see the hope and experience the significance of labor reform. Some old, weak and sick criminals feel that they will end up in prison. Even if they can leave prison after serving their sentences, how to integrate into society is a big problem." Yan Lixin said.

"We believe that in the new situation, in addition to reducing the sentence, felons should also be shown another direction, be able to plead guilty and repent, know the law and abide by the law, and at the same time see their own value and find new hope." Yan Lixin said.

In Jianyang Prison, a prisoner comforted his daughter: "Don’t cry, son, I will go home with you as soon as possible." Photo courtesy of Jianyang Prison

Limit the remuneration of prisoners in prison for three children to go to school.

Amendment (8) of the Criminal Law stipulates that the people’s court may, according to the circumstances of the crime, limit and reduce the sentence of recidivists sentenced to death with a suspended execution and criminals sentenced to death with a suspended execution for intentional homicide. If the suspended execution period is reduced to life imprisonment according to law, the execution term shall not be less than 25 years; if the suspended execution period is reduced to 25 years, the execution term shall not be less than 20 years.

Kou Lixin introduced that in prison, criminals who are restricted from reducing their sentences (referred to as "restricted criminals") are "felons" among felons, and generally serve their sentences for more than 30 years. Most of the criminals sentenced to this penalty have committed serious violent crimes or committed violent crimes many times. Many of them are pessimistic and disappointed about their future, and their psychology is seriously distorted, and their resistance to reform is particularly serious.

Such a special group, some minor contradictions may lead to huge conflicts, and it is very difficult to manage and educate well to limit and reduce crimes. This is also a difficult problem for prison management in the new period.

"When commutation is no longer the main driving force for their efforts to reform, our help and education work is to guide them to see hope from despair." Kou Lixin said that Jianyang Prison has launched new measures such as building a bridge of family ties and increasing labor remuneration in response to the reduction of prisoners.

In Jianyang Prison, the income from labor remuneration of prisoners with reduced sentences can be up to 30% higher than that of ordinary prisoners. Apart from daily expenses, the savings left after work will be more and more, which makes some prisoners with reduced sentences have the opportunity to feed their families. Liu Peng (a pseudonym), who served his sentence in the first ward of Jianyang Prison, is a successful example.

Liu Peng, from Mengxian County, Anhui Province, was given a suspended death sentence with limited commutation for committing robbery. After Liu Peng entered the prison in 2014, she was desperate for her life. The only thing she cared about was her unemployed wife and three underage children. In this family living on subsistence allowances, the tuition and living expenses of three children are big problems.

Under the guidance of the prison police, Liu Peng learned about the preferential labor remuneration policy for restricted criminals, which aroused his enthusiasm for work: "I used to do well in prison, but I can also help my family." After that, Liu Peng began to scrimp and save, and labor was also proactive.

In the past two years, with the approval of the prison leaders, Liu Peng remitted money to his home twice, the first time was 6,800 yuan, and the second time was 6,500 yuan. He began to realize that in prison, as long as he confessed and repented and actively reformed, he could also assume some family responsibilities.

"For this poor family, it is undoubtedly a huge sum." Kou Lixin said that now the three children in Liu Peng’s family have gone to school normally, their lives have gradually improved, and Liu Peng’s enthusiasm for reform is even higher.

A phone call across two prisons

On March 12, 2016, Mao Heng (pseudonym), who had been in isolation and strict management for nearly three months, was suddenly taken to the conversation room of the strict management team. The police said to him, "Pick up the phone."

To his surprise and surprise, there was a familiar and kind voice from his wife who had not seen each other for six years and was serving her sentence in a women’s prison. Tears could not help falling …

Tong Liang, the warden of the restricted prison, said that Mao Heng was sent to Jianyang Prison for reform in May 2013 because he was sentenced to a two-year suspension of execution and restricted commutation. After entering the prison, he repeatedly made negative reforms under the pretext of heart discomfort, and repeatedly violated prison regulations, and was classified as a stubborn and dangerous criminal (the prisoners who reformed negatively and were extremely dangerous, even against the police, were called "stubborn and dangerous criminals").

The leaders of the prison attached great importance to Mao Heng’s help and education, and talked with him many times, but never achieved the expected results. "His state at that time was like a beast. As long as he was released, he would bite at any time."

In the Spring Festival of 2016, Mao Heng suddenly expressed his mistake to the police of the strict management team, saying "surrender" and demanding that the isolation and strict management be lifted. When the leader of the prison talked with him, he tried every means to excuse him and didn’t admit his mistake. After that, he shouted in the dead of night and even hurt himself.

"The transformation methods for stubborn and dangerous criminals should be diverse, and it is necessary to teach students according to their needs, so as to find a breakthrough in transformation." Gao Qiuhua, director of Jianyang Prison, said.

The rectification and tackling group of Jianyang Prison Education Department, together with the restricted prison area, began to further analyze the internal reasons for Mao Heng’s violation of regulations and resistance to reform: First, the sentence was long; Second, the wife is serving her sentence and has no family support; Third, the level of cultural education is low, which is influenced by the same reform with poor performance, resulting in distorted self-esteem.

Subsequently, the prison area adjusted the idea of helping and educating Mao Heng. According to his correspondence, his wife, Sun Mou, served her sentence in Fujian Women’s Prison and performed well in reform. She also won the provincial-level reform activist in 2015, and she often advised him to adjust his mentality and make a good reform. Therefore, the restricted prison area proposed to give Mao Heng a special help and education-contact his wife and persuade him to help and teach through family phone calls.

With the support of the prison leaders and the leaders of Fujian Women’s Prison, a special phone call across the two places and the high wall connected the couple.

Tong Liang, the supervisor of the limited reduction supervision area, said that on the phone, his wife Sun advised Mao Heng to make a good transformation, and neither she nor her parents would abandon him. Mao Heng nodded to his wife’s words frequently, and his cheeks were covered with tears. He promised to make a good transformation, give his wife a hope and give himself a hope.

After this phone call, Mao Heng carefully wrote a letter of criticism. After lifting the strict control and returning to the restricted prison area, he also made a review among all prisoners, warning the same reform not to take his stupid road of resisting reform.

Gao Qiuhua, director of Jianyang Prison, told The Paper, "After a felon is sentenced, his family and social relations will bring about great changes, which will have a strong impact on the psychological changes of criminals. As a discipline cadre, we should pay close attention to these changes, grasp them in time, take active precautions, and provide effective help and education according to different situations through thorough analysis."

According to the materials provided by Jianyang Prison, there has been no escape case for 15 years since 2003, and the conversion rate of stubborn and dangerous criminals in the past five years is 86.8%, which is higher than that of ordinary prisons. Because of the outstanding achievements in the reform of restricted criminals, in December 2016, Jianyang Prison was also awarded the title of "National Advanced Collective of Judicial Administration System" by the Ministry of Justice and the Ministry of Human Resources and Social Security.

Decision-making is the starting point of administrative behavior, and standardizing decision-making behavior is the focus of standardizing administrative power and the front end of building a government ruled by law. Whether the administrative organs can make decisions according to law directly reflects the level of their administration according to law, directly determines the comprehensive and correct performance of government functions, and directly relates to the realization of the basic goal of building a government ruled by law in 2020.

Over the years, in the process of promoting administration according to law, administrative organs at all levels have accumulated a lot of good experiences and good practices in making decisions according to law, and the level of legalization of decision-making has been continuously improved. However, there is insufficient respect for objective laws in decision-making, insufficient listening to the opinions of the masses, and serious problems such as arbitrary decision-making, illegal decision-making, arbitrary decision-making, and decision-making without decision-making, which have harmed national interests, infringed on the rights and interests of the masses and affected the image of the party and government. In order to further promote administration according to law and speed up the construction of a government ruled by law, it is urgent to improve the decision-making mechanism according to law, introduce a unified system of major administrative decision-making procedures, clarify major administrative decision-making matters, subjects, authorities, procedures and responsibilities, make efforts to promote the rule of law in key areas such as major reforms, major planning, major people’s livelihood, major government investments and construction projects, regulate decision-making behavior with scientific and rigid decision-making system constraints, effectively improve decision-making quality, strive to control decision-making risks, and promptly correct illegal and improper decisions.

At the Fourth Plenary Session of the 18th CPC Central Committee, it was put forward that "public participation, expert argumentation, risk assessment, legality review, and collective discussion decisions should be determined as legal procedures for major administrative decisions", which is a clear requirement for improving the main contents of the decision-making mechanism according to law. It is necessary to formulate laws and regulations on major administrative decision-making procedures, clearly standardize the key contents and steps of the five procedures, and bring major administrative decisions into the track of rule of law.

Public participation. Public participation is an important embodiment of democratic decision-making, and it is also the most direct and close decision-making procedure with the masses. The more solid, detailed and thorough the public participation in decision-making, the more solid the social foundation of decision-making, and the more conducive to the implementation and implementation after the decision. It is necessary to grasp the demands of the public "I want to participate" and the limits of the administrative organs "I can do it", and adhere to "limited matters, various ways, well-founded adoption and active promotion". "Limited matters" means to listen to the opinions of the public, especially interested parties, in a variety of ways for major livelihood decisions or matters involving the vital interests of the public. By "various ways", we can go deep into the grassroots and get close to the masses by means of forums, public solicitation of opinions, hearings, questionnaires, field visits, etc., and fully understand the opinions and suggestions of various groups whose vital interests are affected, especially the vulnerable groups. "Evidence-based adoption" means to take public opinions as an important reference for decision-making, carefully study public opinions and make follow-up treatment, fully adopt reasonable opinions, effectively solve legal demands, strengthen research and argumentation, negotiate and coordinate repeatedly on issues with major differences, and give timely public feedback on the adoption and reasons of public opinions and the government’s opinions and considerations, so that even if the final decision cannot satisfy everyone, most people can accept it with relief. "Actively promoting" means first of all, doing the "prescribed actions" required by laws and regulations, never "going through the motions" and actively creating conditions.Boldly try to use Weibo, WeChat and other innovative ways to promote public participation.

Expert argumentation. Expert argumentation is an important embodiment of scientific decision-making Scientific decision-making does not require the staff of administrative organs to become scientists and experts who know everything, but to have basic scientific thinking, know how to hand over professional and technical problems to experts, be good at organizing experts to conduct scientific argumentation and evaluation, respect expert opinions, and put an end to patting their heads and making decisions by feeling, or making decisions based on personal experience limited to one thing at a time. To do a good job of expert argumentation, we must "select experts, use experts well and treat experts well". "Selecting experts" means perfecting the expert selection mechanism, breaking the "hidden rules" of choosing obedient experts who only say "yes" and "good", and truly taking professional ability, qualification, experience and integrity as the main selection criteria. "Make good use of experts" means to provide necessary support for argumentation, so that experts can carry out argumentation work on the basis of fully understanding information such as policy background and decision-making objectives; Establish an open system of expert argumentation, and urge them to put forward their argumentation opinions objectively, independently, scientifically and responsibly through an open mechanism. "Treating experts well" means providing proper courtesy and reasonable remuneration, and giving appropriate incentives; Take the argument seriously and feed back the adoption to show full respect.

Risk assessment. In the world, there are no things that are harmful but not beneficial, and in reality, there are no decisions that are beneficial but not risky. Taking risk assessment as the legal procedure of decision-making is an important measure to prevent decision-making risks and reduce decision-making mistakes, which can ensure that decision-makers make decisions on the basis of a comprehensive and clear understanding of the negative effects of decision-making. China’s decision-making risk assessment is still in its infancy, and there are some problems, such as unprofessional and neutral evaluation institutions, imperfect evaluation mechanism and opaque evaluation process. To carry out decision-making risk assessment, it is necessary to achieve "comprehensive evaluation, comprehensive evaluation and controllable risk". "Assessment should be done" means that major decision-making matters should be investigated for major risk sources and points. If it is found that there are risks such as social stability, environment and economy after investigation, risk assessment should be conducted in accordance with regulations to assess the possible adverse effects caused by the implementation of the decision, as well as the rationality, feasibility and controllability of the decision-making scheme. No decision shall be made if the risk assessment should be carried out without assessment. "Comprehensive evaluation" means to weigh and comprehensively judge by many parties, comprehensively search for risk sources and risk points through public opinion tracking, sampling survey, key interviews, consultation and analysis, scientifically predict and comprehensively judge the risks that may be caused by decision-making, determine the risk level realistically, and put forward risk prevention measures and solutions in a targeted manner. "Controllable risk" means to take the conclusion of risk assessment as an important basis for decision-making, and whether the risk is controllable as an important criterion for decision-making, so as to ensure prudent decision-making on the basis of overall consideration, and not to ignore the risk and make decisions indiscriminately.You can’t be swayed by considerations of loss and dare not make decisions. In the process of decision-making, if it is assessed that most people have opinions and strong reactions, which may lead to large-scale mass incidents, they should make a decision not to implement it according to the situation, or adjust the decision-making plan and reduce the risk level before making a decision. If it is considered that the risk can be controlled and a decision can be made, we should also seize the opportunity to implement the responsibilities and measures for risk prevention and resolution before the decision.

Legitimacy review. Legitimacy review is an important guarantee for decision-making according to law. With the gradual establishment of the concept of decision-making according to law, it has become a common practice in decision-making practice in various regions and departments to entrust legal institutions with the legality review of policy and measure decisions such as issuing normative documents and government concluding contracts. However, there are also some problems, such as: the scope of the items under review is limited and has not covered all areas of government decision-making; The review power and ability of legal institutions are still relatively weak, and they cannot undertake more review tasks; The censorship is still not strict, and in many cases, we can only "open the way" and not let "set up checkpoints". Taking the legality review as the legal procedure of decision-making, the legal institution is required to comprehensively review the legal issues involved in decision-making from the following aspects, and put forward the review opinions: First, whether the decision-making matters are well-founded in the law, and if it is considered that they are not within the statutory authority of the decision-making organ after review, it is suggested not to make a decision or to submit them to the competent authority for examination and approval and authorization according to the regulations. Second, whether the decision-making procedure is performed according to law, if the legal procedure is not performed or the performance procedure does not meet the requirements, it is recommended to make corrections or re-perform the relevant procedures. The third is whether the decision-making content is in compliance with the law. If it is considered that the decision-making plan, alternative plan or risk prevention and resolution measures are not in compliance with relevant laws, regulations, rules and national policies, it is recommended to make amendments. Without the legality review or the review is illegal, it shall not be submitted to the meeting for discussion.

Collective discussion and decision. Collective discussion and decision-making is an important part of democratic decision-making. The organic laws of local people’s congresses and local people’s governments at various levels stipulate that major issues in government work must be discussed and decided by the executive meeting or plenary meeting of the government. It can be seen that collective discussion and decision-making is a necessary institutional form to implement the chief executive responsibility system, and no decision can be made on major decision-making matters without collective discussion. The purpose of collective discussion is to help executive heads better understand the situation, brainstorm and make decisions. In practice, it has become a common practice for most administrative organs to hold collective discussions before making major decisions. Adhere to the collective discussion and decision, and require the administrative organs to do the following: First, the form of deliberation conforms to the law. Major administrative decisions shall be discussed and decided by the executive meeting of the government, the plenary meeting or the meeting of the leading group of the department. Second, the deliberation process fully promotes democracy. The deliberation process cannot be a "nodding meeting" for the members of the meeting and a "centralized statement" for the chief executive. The organizer shall introduce the decision-making plan and its legal, regulatory and policy basis, the relevant information about the implementation of the legal procedures for decision-making, the different opinions put forward by various parties and the research and handling situation, etc., and the members of the meeting shall fully express their opinions. The opinions, discussions and decisions of the chief executive and other members of the meeting shall be truthfully recorded.

(The author is the deputy director of the Legislative Affairs Office of the State Council)

(ZiguanggemagazineAuthorized People’s Daily Online-the Communist Party of China (CPC) Press Release, please do not reprint.) 　 　

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