Improve the unified, standardized and fair judicial expertise system.

  [Introduction to the author]Professor of China University of Political Science and Law, doctoral supervisor, mainly engaged in criminal procedure law research; Associate Professor, Doctor of Law, China University of Political Science and Law.

  [article source]China Judicial Appraisal, No.3, 2015

  [executive summary]Deepening the reform of judicial expertise system is an important content of comprehensively promoting the rule of law and deepening the reform of judicial system. However, at present, the management of the judicial expertise system still restricts the further development of the unified management system of judicial expertise, such as the business scope of the appraisal institutions in the investigation organs and the roster management of the judicial organs. In terms of the implementation procedure of judicial expertise, the problems related to the entrustment and acceptance of judicial expertise, the technical standards and specifications adopted, and the expert responsibility system are still outstanding; In the aspect of litigation procedure, the problems related to the initiation, cross-examination and re-appraisal of judicial expertise have not been well solved. This means that there is still a big obstacle to the development of the unified, standardized and fair judicial expertise system in China, and it is necessary to further improve the unified judicial expertise management system, the standardized judicial expertise implementation procedures and the fair judicial expertise litigation procedures.

  [Keywords:]Judicial expertise, expertise management, expertise implementation procedures, expertise litigation procedures

  Judicial expertise is not only an important part of the judicial system, but also a judicial guarantee system. Judicial expertise serves litigation activities and provides scientific and technical guarantee for fair justice. Its perfection is directly related to the realization of judicial justice, so it has always been the focus of judicial reform. The Decision of the Central Committee of the Communist Party of China on Comprehensively Deepening the Reform and the Decision of the Central Committee of the Communist Party of China on Comprehensively Promoting the Rule of Law adopted by the Third Plenary Session and the Fourth Plenary Session of the 18th CPC Central Committee require deepening the reform of the judicial system, improving the unified judicial expertise management system, speeding up the construction of a fair, efficient and authoritative socialist judicial system, and making the people feel fair and just in every judicial case. Based on the main problems encountered in the reform of judicial expertise system in recent years, this paper puts forward some ideas to improve the judicial expertise system under the background of comprehensively promoting the rule of law. In view of the fact that the reform of judicial expertise system needs the overall promotion and coordination of litigation system, evidence system and administrative management system, this paper discusses it from three aspects: unified management of judicial expertise, implementation procedure of judicial expertise and litigation procedure of judicial expertise.

  A sound and unified management system of judicial expertise

  There have been two major drawbacks in the management of judicial expertise in China: first, the establishment of judicial expertise institutions is chaotic; Second, the practice management of judicial authentication institutions is decentralized, which leads to repeated authentication and multiple authentication. Faced with many appraisal opinions with different conclusions, the public security and judicial organs generally tend to trust and adopt the appraisal opinions issued by the appraisal institutions within their own organs, which leads to the problems of "self-investigation and self-examination, self-inspection and self-examination", and the neutrality of the appraisal institutions or appraisers is questioned. In order to solve these problems, the Ministry of Justice has successively issued a series of ministerial regulations or normative documents, including the Measures for the Administration of Registration of Judicial Appraisal Institutions, the Measures for the Administration of Judicial Appraisers, the Provisions on the Classification of Judicial Appraisal Practices (Provisional) and the Provisions on the Administration of Judicial Appraisal Licenses. In 2002, the Supreme People’s Court also issued the Interim Measures for Judicial Expertise of People’s Courts and the Administrative Measures for Entrusting and Organizing Judicial Expertise of People’s Courts, which made corresponding provisions on the management of judicial expertise institutions and personnel of people’s courts. Although these reform measures have improved the management order of judicial expertise, on the whole, they have little effect.

  In order to solve the outstanding problems in the practice of judicial expertise, such as unified management, socialization of appraisal institutions and neutrality of appraisers, on February 28th, 2005, the National People’s Congress Standing Committee (NPCSC) adopted the Decision on the Management of Judicial Expertise (hereinafter referred to as the Decision), which became an important legal basis for the management of judicial expertise. The "Decision" first focuses on solving the problem of the independence of the appraisal institutions, excluding the situation that the investigation organs are entrusted by the society to engage in appraisal services and the people’s courts and judicial administrative departments set up appraisal institutions themselves, and puts the appraisal institutions in a more neutral position that is not attached to any judicial organs or administrative organs. More importantly, the "Decision" establishes a unified management system of judicial expertise: the judicial administrative department has the right to conduct examination and registration management of social expertise institutions applied for by legal persons or other organizations, and to conduct filing and registration management of appraisal institutions of investigation organs. It can be said that the "Decision" is mainly devoted to the unified management of judicial expertise, that is, the judicial administrative organs should achieve the unification of registration, qualification, training, appraisal standards, fees and penalties for violations, and so on. However, in practice, the unified judicial expertise management system is far from being formed, and the judicial expertise management order is still chaotic.

  1.1 The rejection and breakthrough of the unified management of judicial expertise by the investigation organs and appraisal institutions.

  According to the provisions of Article 7 of the Decision, the establishment of an authentication institution by the investigation organ is not only restricted by the needs of investigation, but also the authentication institution "may not accept the entrustment of the society to engage in judicial authentication business". However, the the National People’s Congress Standing Committee (NPCSC) Law Commission affirmed whether the investigation organs can entrust each other and whether the investigation organs can accept the entrustment of the judicial organs to engage in the judicial expertise business, which opened the door for the expansion of the service scope of the authentication institutions of the investigation organs. In view of this reality, the Central Political and Legal Committee turned to require the management mode of combining the direct management of the subordinate departments with the filing and registration of the judicial administrative department for the appraisal institutions and appraisers belonging to the investigation organs [2]. In judicial practice, some investigation organs authorize their appraisal institutions to conduct appraisal business "externally" to the society, thus breaking through the restriction of "not accepting entrustment to engage in judicial appraisal business for the society" in the Decision, so that the reality has not changed much before the reform, and the reform goal of neutrality of appraisal institutions has basically failed.

  1.2 The judicial organs’ erosion and division of the management right of judicial expertise

  The biggest progress of the Decision lies in the abolition of the appraisal institutions of judicial organs, and the complete realization of the "separation of trial and appraisal" necessary for judicial justice. By cutting off the connection between the judicial organs and the appraisal institutions, the Decision aims to ensure the neutrality of the court and reduce the inevitable doubts of the parties about the appraisal opinions because of the court’s "self-examination and self-examination". However, due to the traditional concept that the appraisal institution has long been an internal institution of the court and the appraiser has long regarded himself as a judge’s assistant, the interest relationship between the judicial organ, the appraisal institution and the appraiser is still broken and even alienated under the influence of the original power inertia. In practice, some local courts are not willing to lose the right to administer judicial expertise. On the basis of the register management of judicial administrative departments, they register and manage the appraisal matters within the "three categories" stipulated in the Decision, and register and manage the appraisal matters beyond the "three categories" that require the Ministry of Justice to consult the Supreme People’s Court and the Supreme People’s Procuratorate. This practice of selecting and compiling from the roster compiled by the judicial administrative department or outside the roster leads to the mixed management of the roster registration of authentication institutions by the judicial organs and the judicial administrative department, and the judicial organs actually divide the judicial authentication management power of the judicial administrative departments. Some local courts even went beyond the judicial administrative department to register some authentication institutions, resulting in confusion in the management order of judicial authentication, disorderly operation of judicial authentication institutions and unfair competition in the field of judicial authentication.

  1.3 Social judicial authentication institutions "non-litigation authentication" and "authentication consultation" disorderly operation.

  Before the promulgation of "Decision", the multi-head identification and repeated identification caused by the confusion of judicial expertise system was one of the difficult problems in the reform of judicial expertise. After the reform of the judicial expertise system, although the legislative progress has not been fully realized, compared with before the reform, the judicial expertise management has gradually entered the track of rule of law, science and standardization, which is mainly reflected in the unified management of social judicial expertise institutions by the judicial administrative department and the improvement of the appraisal management order. However, in addition to providing judicial expertise services, social judicial expertise institutions also engage in a large number of "non-litigation expertise" or "expertise consultation". "Non-litigation appraisal" refers to law enforcement appraisal that does not directly aim at litigation, such as arbitration appraisal, technical appraisal of traffic accidents, technical appraisal of disputes between doctors and patients, and technical appraisal involving violations of party discipline and political discipline. The scope of "appraisal consultation" is wide, and there are three main situations: "pre-litigation appraisal", "out-of-litigation appraisal" and "appraisal entity consultation". According to the investigation and analysis of some scholars, "the proportion of improper control of litigation appraisal affects the appraisal order is small, while the proportion of repeated appraisal, multi-head appraisal and disputes over appraisal opinions caused by non-litigation appraisal and appraisal consultation is large." {2} "This shows that the" non-litigation appraisal "or" appraisal consultation "of social judicial appraisal institutions is the main source of the current disorder of appraisal. Therefore, in order to improve the management of social judicial authentication institutions, the judicial authentication management department should focus on standardizing its non-judicial authentication activities of "serving the society". "Non-litigation appraisal" must be accepted according to law,The procedures and results of issuing expert opinions should be distinguished from judicial expertise. "Appraisal consultation" should be cautious, not "ask for advice". "Pre-litigation appraisal" should be strictly implemented in accordance with local regulations or the relevant provisions of the General Rules of Judicial Appraisal Procedure of the Ministry of Justice, and the entrustment of appraisal for unknown purposes and violation of social morality should be rejected; Consultation on appraisal entities should be handled with caution, and irresponsible or controversial advice should not be provided. Legislation on expert consultation should also be followed up, so that judicial expertise management can be based on laws.

  To sum up, the biggest problem facing the current judicial expertise management is that the unified judicial expertise management system established by the Decision has not really formed. At the same time, new problems in the management of judicial expertise, such as how to manage non-judicial expertise in social judicial expertise institutions, lack corresponding legislative norms. Under the background of comprehensively promoting the rule of law and deepening the reform of judicial administration, judicial administrative organs should seize the opportunity to further implement and improve the unified judicial expertise management system, so as to truly improve the judicial expertise order. In addition to further implementing the unified management system of judicial expertise, the following reforms must be carried out.

  1.3.1 Improve the access and management of appraisers.

  Judicial appraiser is the main body to carry out appraisal, and is a natural person who uses specialized knowledge and technical methods to solve specialized problems in litigation activities. Judicial appraisers have the dual attributes of scientific and technical workers and legal workers, and they should have the necessary legal knowledge in addition to the corresponding professional knowledge. In addition, judicial appraisers must have good legal professional ethics and the scientific spirit of seeking truth from facts, which is the premise to ensure the objectivity and fairness of expert opinions. In some appraisals with many subjective factors (such as forensic psychiatric appraisal), the appraiser should also have considerable years of practice experience.

  For a long time in China, there is a lack of uniform professional standards and qualifications for judicial appraisers, and there is a lack of necessary practice assessment methods. The author thinks that we can learn from the appraiser roster system in civil law countries, establish a unified professional qualification system for judicial appraisers, and strive to improve the professionalism and specialization level of judicial appraisers: (1) establish a unified professional qualification system for judicial appraisers that combines professional qualification examination and qualification identification; (2) Organize unified special training for judicial appraisers before taking up their posts and transferring their posts; (3) Establish a unified management system for the practice of judicial appraisers; (4) Improve the supervision system of qualification evaluation; (5) Implementing a unified and lifelong continuing education system; (6) Implement a unified practice inspection and registration system {3}.

  1.3.2 Give full play to the positive role of trade associations.

  Because judicial expertise involves many industries, it is not enough to rely solely on the administrative management of judicial administrative organs, but also to play the role of self-discipline management of trade associations. Judicial expertise industry associations can organize experts to formulate judicial expertise operating rules, technical specifications and standards, judicial expertise institutions’ qualification evaluation standards, and judicial expertise quality and integrity assessment methods, and can also assist judicial administrative organs in supervision and management; Safeguard the legitimate rights and interests of judicial authenticators and judicial authentication institutions; To supervise and inspect the professional ethics and practice discipline of judicial authentication institutions and judicial authenticators, and reward and punish them; Organize members to carry out continuing education and training, and form a mode of combining unified management of judicial administrative organs with self-discipline management of trade associations.

  1.3.3 Improve the practice responsibility system of judicial expertise.

  While improving the practice environment, maintaining the appraisal order and providing the practice guarantee, we should further improve the practice responsibility system. The Decision stipulates two kinds of legal responsibilities: administrative responsibility and criminal responsibility. Some scholars suggest that the provisions on civil liability should be added. When an appraiser makes a wrong appraisal due to intentional or gross negligence, the client may apply for damages, and the appraisal institution and appraiser shall be jointly and severally liable for this.

  2. Improve and standardize the implementation procedures of judicial expertise.

  The Central Political and Legal Work Conference held in January, 2014 put forward the requirement of "improving the unified and authoritative judicial expertise system", indicating that besides the unified judicial expertise management system, it is also necessary to ensure that the results of judicial expertise are authoritative and can effectively guarantee judicial justice. The authority of judicial expertise results depends on the standardization and fairness of the expertise procedure. In view of the fact that judicial expertise is a highly unified activity of science and law, it should be carried out in strict accordance with scientific laws and the relevant provisions of the law, and its procedures can also be divided into two aspects: the implementation procedure of judicial expertise and the litigation procedure of judicial expertise. Therefore, in order to establish an authoritative judicial expertise system, it is necessary to take a two-pronged approach, not only to standardize the implementation procedures of expertise, but also to improve the fair judicial expertise litigation procedures. The author will discuss these two issues in turn in the following.

  In order to further realize the standardization, institutionalization and scientificization of judicial expertise activities, the Ministry of Justice promulgated the newly formulated General Principles of Judicial Expertise Procedure (hereinafter referred to as the General Principles) on August 7, 2007 to replace the General Principles of Judicial Expertise Procedure (for Trial Implementation) issued by the Ministry of Justice on August 31, 2001, which is another important achievement in the reform of judicial expertise system. First of all, the biggest deficiency of the National People’s Congress Standing Committee (NPCSC) Decision in 2005 is the lack of provisions related to the implementation procedures of judicial expertise. The promulgation of the General Principles just makes up for the lack of norms in this field. Secondly, the "General Principles" follow the inherent laws of judicial expertise activities, and clearly stipulate the entrustment and acceptance of judicial expertise, the implementation of judicial expertise, the technical standards and specifications that judicial expertise should follow, and the special provisions of judicial expertise procedures in accordance with the workflow of judicial expertise activities {4}. Thirdly, based on the Decision, the General Principles further implemented the responsibility system of judicial appraisers, strengthened the supervision responsibility of judicial appraisal institutions, and standardized the acceptance conditions of re-appraisal, which not only implemented the principles of the Decision, but also partially solved the problems left over by the Decision, and complemented and promoted each other with the Decision, becoming an important legal document for adjusting judicial appraisal activities.

  (1) The General Principles clearly stipulates the obligations of judicial appraisers, thus further implementing the responsibility system of judicial appraisers. Judicial appraisers use science and technology and expertise to independently identify and judge the specialized issues involved in litigation, and are responsible for their own expert opinions, which is the core content of the judicial appraiser responsibility system established in the Decision [3]. The General Principles put this principle into practice through a series of obligations and system designs. For example, it is stipulated that judicial appraisers should abide by the obligations of confidentiality, avoidance, testifying in court and independently issue expert opinions; Consulting relevant experts on complex, difficult and special technical issues, the final expert opinion shall still be issued by the judicial appraiser of this institution; If there are different opinions on the appraisal opinions in the judicial appraisal attended by many people, it shall be indicated, etc.

  (2) The "General Principles" provide a guarantee for improving the quality of identification by strengthening the supervision responsibility of judicial authentication institutions to the judicial appraisers of their own institutions. According to the provisions of the General Principles, judicial authentication institutions have the right to examine and accept the entrustment of authentication according to law; Assign judicial appraisers, and supervise judicial appraisers to abide by legal obligations, professional ethics and practice discipline, technical specifications and appraisal time limit; Supervise the use and storage of judicial authentication materials; Unified collection of judicial expertise fees; To urge judicial appraisers to testify in court according to law and implement the system of withdrawal of appraisers; Organize expert consultation and multi-agency appraisal; Organize review and correct violations. The above provisions enable judicial authentication institutions to play a subjective role in organizing, managing and supervising the authentication activities of judicial authenticators. These regulations further urge judicial appraisers to become the real subject of appraisal, while appraisal institutions gradually retreat to the position of supervision and management. Unlike the Decision, which emphasizes the unified (macro) management of the appraisers by the judicial administrative organs, the General Principles emphasizes the supervision of the appraisers at the micro level, which is not only inconsistent with the Decision, but also a supplement and development to the Decision.

  (3) The General Principles embody the principle of combining administrative management with industry management. In addition to emphasizing the legitimacy of the subject of judicial expertise, the General Principles also require it to abide by professional ethics and practice discipline, which reflects the obvious intention of the General Principles to introduce industry management into the field of judicial expertise [4]. In addition, by affirming the role of industry organizations in formulating industry technical standards and specifications, and giving industry organizations the power to give industry sanctions for violations of industry norms.

  (4) The General Principles have improved the procedural system and related rules of judicial expertise. Taking the entrustment and acceptance of appraisal as an example, the General Rules for Trial Implementation stipulates that when the parties entrust judicial appraisal, it is generally carried out through a law firm, while the General Rules stipulates that the entrustment shall be uniformly accepted by the judicial appraisal institution without the assistance of other intermediaries. Moreover, the General Principles also stipulates the formal requirements and specific procedures for the judicial authentication institutions to accept the entrustment of authentication, lists the cases in which the authentication institutions refuse to accept it, and clarifies the rights and obligations of both the client and the entrusted judicial authentication institutions. In addition, in order to ensure the justice and rationality of the judicial expertise procedure, the General Principles not only makes general provisions on the implementation process of judicial expertise, but also makes special provisions on special circumstances such as physical examination of women or minors, forensic psychiatric expertise or autopsy, and on-site extraction of samples in accordance with relevant laws and regulations. This not only reflects the fairness of the appraisal procedure, but also strengthens the supervision of the client on the appraisal process.

  To sum up, the "General Principles" and the "Decision" echo and complement each other in content, which is not only the concretization of the requirements of the "Decision", but also the expansion on the basis of the "Decision", which is conducive to standardizing the implementation procedures of China’s appraisal and pushing China’s judicial appraisal reform to a new stage. However, it is worth noting that when the General Principles were adopted, the three major procedural laws had not been revised. Now, the General Principles have been implemented for nearly eight years, and the three major procedural laws have been significantly revised and changed. Therefore, the implementation procedure of judicial expertise should also keep pace with the times, and more targeted industry norms and appraisal standards should be issued according to the revised contents of the three major procedural laws.

  3. Improve the just judicial authentication procedure

  In essence, judicial expertise is a scientific cognitive activity to help judicial organs solve some specialized problems in litigation, aiming at supplementing the lack of knowledge of judicial personnel in specialized fields. It has both scientific content and legal requirements, which embodies the high unity of science and law. On the one hand, judicial expertise not only serves litigation activities, but also is an important part of litigation; On the other hand, the expert opinions produced by judicial expertise will be used as evidence in litigation. Therefore, not only the implementation of judicial expertise should comply with scientific laws and legal requirements (such as legal period, etc.), but also the use of expert opinions should be adjusted by procedural rules and evidence rules. Clear and complete procedural provisions are an important guarantee for the formation and application of scientific appraisal opinions, so perfecting fair judicial appraisal litigation procedures is also an important content of judicial appraisal system reform.

  《中共中央关于全面推进依法治国若干重大问题的决定》中明确指出,要“推进以审判为中心的诉讼制度改革,确保侦查、审查起诉的案件事实证据经得起法律的检验。全面贯彻证据裁判规则,严格依法收集、固定、保存、审查、运用证据,完善证人、鉴定人出庭制度,保证庭审在查明事实、认定证据、保护诉权、公正裁判中发挥决定性作用。”四中全会决定的上述内容一方面回应了目前证人、鉴定人出庭作证制度实施不理想的现实,另一方面提出“推进以审判为中心的诉讼制度改革”的要求。这说明推进“以审判为中心”是当前诉讼制度改革最迫切的任务,而司法鉴定质证程序的完善是实现这一任务的必然要求。这不仅为司法鉴定诉讼程序的进一步完善提出了更高的要求,而且也是一个难得的机遇。在为实现“以审判为中心”的系统性诉讼制度改革中,司法鉴定质证程序的完善既能够得到助力,也有望为这一体系性改革的成功添砖加瓦。围绕“以审判为中心”这一目标,应从以下几个方面完善司法鉴定的诉讼程序。

  3.1 健全司法鉴定的启动程序

  The initiation of judicial expertise mainly refers to the allocation of entrustment and decision-making power, which is not consistent in various countries. The civil law system adopts the principle of authority, and judges have the final decision on whether judicial expertise is needed or not and the authorization of appraisers. For example, Article 156 of the French Criminal Procedure Law stipulates: "Any pre-trial judge or trial judge may, at the request of the procuratorate, or on his own authority, or at the request of a party, order an appraisal." The requests of both the prosecution and the defense are not necessarily binding on the judge, but "the pre-trial judge shall make a reasoned ruling when he thinks that the requirements for appraisal should not be met". In common law countries, the parties themselves decide whether to choose, when to choose and which experts are beneficial to them to provide expert advice for the jury and judges to consider. Although Article 706 of the United States Federal Rules of Evidence stipulates that the court may appoint any expert witness with the consent of the parties, it may also appoint an expert witness according to its own choice. However, it also stipulates that this rule does not restrict the parties from calling expert witnesses according to their own choices. In judicial practice, expert witnesses, as the main means for the parties to win favorable judgments, are basically summoned according to their own needs. It can be seen that due to the different litigation modes, the two legal system countries have made different provisions on the ownership of judicial expertise. However, in recent years, there has been a trend of mutual absorption and integration in the decision-making power of appraisal in countries all over the world, especially when judges control the initiation of appraisal.The most significant aspect is that both parties enjoy the equal right to request identification [5].

  The initiation of the appraisal is not only related to the protection of the litigant’s litigation rights and the realization of procedural justice, but also determines whether the litigation procedure can achieve the goal of finding the truth with the help of judicial appraisal. In some cases, the initiation of appraisal is directly related to the defendant’s crime and non-crime. It can be said that the allocation of the initiation right of appraisal is the core issue of appraisal procedure in criminal proceedings. At present, the mode of starting the appraisal in China is similar to that in the civil law system, but the main body that plays the role of authority in starting the appraisal procedure includes not only judges, but also investigation organs and procuratorial organs. This mode may lead to the investigation organ and the procuratorial organ initiating the appraisal by themselves, and it is difficult to guarantee the objectivity and neutrality of the appraisal. On the other hand, the initiation of identification by investigation organs and procuratorial organs is also the main reason for "multiple identification" and "repeated identification". In view of this, our country should cancel the power of the investigation organ to initiate the appraisal by itself, and the court should exercise the final decision to initiate the appraisal uniformly. Of course, the realization of this reform depends on the establishment of judicial review mechanism in investigation activities. As mentioned above, the decision of the Fourth Plenary Session to promote the "trial-centered" litigation system reform must include establishing the status of trial neutrality and judicial supremacy in litigation, so the establishment of judicial review mechanism in the whole process of criminal litigation in China is self-evident requirement. The author advocates that we should explore the establishment of judicial review and writ permission system in line with China’s national conditions in the process of promoting the "trial-centered" litigation system reform.At the right time, the decision-making power to examine the appraisal and other investigations involving the restriction or deprivation of citizens’ personal rights, property rights and privacy rights will be uniformly handed over to the judicial organs, and judicial review and writ authorization will be implemented. In the concrete steps, we can learn from Russia’s practice, and gradually transition from restricting the investigation organ’s right to start the appraisal to completely canceling it.

  In addition, in China’s criminal proceedings, the public security organs have the right to initiate the appraisal, while the litigants only have the right to request supplementary appraisal and re-appraisal, which is obviously contrary to the principle of equality between prosecution and defense. At present, China’s trial mode is changing from interrogation to confrontation, and the burden of proof of the parties is increasing, which is in contradiction with the limited start of appraisal. With the increasing burden of proof of the parties, the law should not restrict or deprive the parties of their right to choose their own appraisal, but should allow them to entrust the appraisal because of the need of proof, and allow them to obtain favorable evidence through appraisal activities. This is also an effective way to strengthen the participation ability of both the prosecution and the defense in the appraisal procedure, standardize the judicial appraisal activities and establish the credibility of the judicial appraisal results. As a judicial authentication institution, there is no reason not to provide necessary authentication services in the face of a large number of litigant authentication needs in litigation. Therefore, in order to ensure the participation of the parties and the democracy of the appraisal procedure, both the prosecution and the defense should be given equal rights to apply for entrusted appraisal, and the final decision belongs to the court. At the same time, it is stipulated that as long as the application for appraisal submitted by the parties meets the procedural requirements, the court should approve it, and the prosecution and the defense should not be treated differently or discriminated against.

  3.2 Improve the cross-examination procedure of expert opinions.

  The important contents of "trial-centered" are "trial-centered" and "trial materialization", and the key to realize trial materialization is trial cross-examination. For expert opinions, in order to make the cross-examination procedure substantive, it is necessary to urge the appraisers to testify in court and realize effective cross-examination through expert assistants. Because the expert opinion is the expert’s subjective judgment on specialized issues, on the one hand, the judge lacks sufficient judgment ability for this special evidence, and only by relying on the assistance of the expert can the expert opinion be effectively examined and judged; On the other hand, the expert opinion belongs to verbal evidence, and its inquiry and acceptance can only be effectively carried out when the appraiser appears in court. Therefore, it is a common practice all over the world to ask the appraiser to appear in court to accept questions from both the prosecution and the defense.

  China’s Criminal Procedure Law in 1996 and the National People’s Congress Standing Committee (NPCSC)’s Decision in 2005 both emphasized the obligation of expert witnesses to testify in court, but it failed to be implemented in practice due to the lack of supporting system guarantee. The Criminal Procedure Law, amended in 2012, first clarified the conditions for the appraiser to testify in court. According to the third paragraph of Article 187, if the public prosecutor, the party concerned or the defender or the agent ad litem have objections to the expert opinion, and the people’s court deems it necessary for the expert to appear in court, the expert shall testify in court. This provision actually reduces the requirements of the appraiser to testify in court and narrows the scope of the obligation of the appraiser to testify in court by clarifying the two conditions of "the prosecution and the defense have objections to the appraisal opinions" and "the people’s court deems it necessary", but it is more realistic and feasible for gradually promoting the system of the appraiser to testify in court.

  In addition, the new "Criminal Procedure Law" also stipulates the legal consequences that an expert should appear in court instead of appearing in court, that is, "the expert opinion shall not be used as the basis for finalizing the case", which is equivalent to establishing the hearsay exclusion rule of expert opinion. In order to make the trial cross-examination procedure after the expert appears in court substantive, the new Criminal Procedure Law also introduces the expert assistant system. As both the prosecution and the defense are non-professionals, it is difficult to ask questions to the point about the highly professional expert opinions. Therefore, it is very necessary to attract other experts to assist in the cross-examination of expert opinions. Article 192 of the new Criminal Procedure Law stipulates: "During the court hearing, the public prosecutor, the parties, the defenders and the agents ad litem may apply to the court to notify people with specialized knowledge to appear in court and give their opinions on the expert opinions made by the appraisers. The court shall make a decision on whether to approve the above application. " Giving both the prosecution and the defense the right to apply for expert assistants to assist in cross-examination of expert opinions in court is helpful to the materialization of the cross-examination procedure of expert opinions and can help the court to effectively examine and judge the probative value of relevant expert opinions. Especially in cases with multiple expert opinions, the participation of expert assistants is particularly important to help judges decide which expert opinion to take as the basis for final decision. Not only that, the introduction of expert assistants also helps to exercise the right of defense. Due to the unbalanced distribution of the right to start the appraisal, judicial appraisal is mostly initiated by the public security and judicial organs according to their functions and powers. The defense is often skeptical about the appraisal opinions entrusted by the public authorities, but it is unable to effectively cross-examine the appraisal opinions.The introduction of expert assistants just fills the gap of the defense’s cross-examination ability and enables the defense to better exercise its right of defense. The introduction of expert assistants will also help to eliminate the doubts of the parties about the expert opinions, settle the disputes in time, and avoid unnecessary repeated appraisal and the "expert dispute" caused by it.

  3.3 Improve the re-appraisal procedures.

  From a scientific point of view, there is only one correct appraisal opinion. The emergence of different appraisal opinions in the same case can only show that the subjective and objective aspects of appraisal have deviated. Re-appraisal is undoubtedly the only way to test and correct the wrong appraisal opinions and draw a correct conclusion. Therefore, the appraisal systems in various countries stipulate the right to re-appraisal without exception. One of the main problems in the practice of judicial expertise in China, that is, the unrestricted exercise of the right to apply for re-appraisal, leads to repeated appraisal of the same problem, and the contradiction between expert opinions is not only unavoidable, but also increasingly complicated. This problem of multi-head appraisal and repeated appraisal has seriously affected the objectivity, scientificity and authority of judicial appraisal, affected judicial justice to a certain extent, and wasted considerable judicial resources.

  There are many reasons for multi-head identification and repeated identification, including the reasons of judicial organs, the identification problem itself, the level of appraisers and appraisal institutions, and the disharmony of the interests of the parties. Therefore, the problem of multi-head appraisal and repeated appraisal is not only the adjustment of appraisal management regulations, but also the adjustment object of procedural law.

  Re-appraisal is to doubt the previous appraisal opinions, or several appraisers have differences on the appraisal opinions, and the original appraisal items need to be re-appraised. Therefore, the re-appraisal must generally be undertaken by an appraisal institution with higher level, better testing equipment and stronger technical force. In this regard, Article 14 of the "Interim Provisions on Judicial Appraisal of People’s Courts" issued by the Supreme People’s Court in 2001 stipulates that if one of the following circumstances requires re-appraisal, the people’s court shall entrust the judicial appraisal institution of the higher court to re-appraise [6]: (1) The appraiser does not have the relevant appraisal qualifications; (2) The appraisal procedure does not conform to the law; (3) The appraisal conclusion is in contradiction with other evidence; (four) the identification materials are false, or the original identification method is defective; (five) the appraiser should avoid not avoiding, but has different opinions on his appraisal conclusion; (six) the same case has multiple different expert conclusions; (seven) there is evidence that there are factors that affect the accurate identification of the appraiser.

  However, the Interim Provisions on Judicial Appraisal of People’s Courts only solves the problem of the ownership of re-appraisal, and there will still be problems of the effectiveness of different appraisal opinions in judicial practice. To this end, the General Principles designed a series of solutions to the problems of multi-head appraisal, repeated appraisal and long-term indecision in practice. First of all, the "General Principles" requires appraisal institutions to accept the entrustment of re-appraisal, and at the same time stipulates stricter conditions for re-appraisal, so as to ensure that the start of re-appraisal follows uniform and strict standards and avoid arbitrariness and ease in the start of re-appraisal. Secondly, the "General Principles" stipulates a number of systems to ensure the quality of appraisal, such as appointing or selecting two or more appraisers to jointly appraise, consulting relevant experts outside the institution in case of particularly complicated, difficult and special technical problems, and appointing a special person to supervise and review the appraisal process after the appraisal, and so on. These measures are conducive to increasing the acceptability of appraisal opinions, thus eliminating the root causes of re-appraisal. Thirdly, the "General Principles" revised and reiterated the time limit system for appraisal, which not only made the time limit for appraisal better meet the needs of litigation, but also clarified the conditions for extending the time limit, which was helpful to solve the chronic disease of long-standing appraisal to some extent. Finally, strictly observing and adopting uniform technical standards and specifications is an important guarantee for scientific and accurate appraisal opinions, and it is also one of the important measures to solve the problem of multi-head appraisal and repeated appraisal. Based on the current situation of formulating technical standards and specifications in the field of judicial expertise in China and according to industry practices,It stipulates the hierarchical structure and sequence of technical standards and specifications that judicial appraisers should abide by and adopt when conducting appraisal, which to some extent reduces the inconsistency of appraisal results and the resulting problem of repeated appraisal.

  The author thinks that in order to solve the problem of repeated identification, we must also establish a hierarchical system of judicial identification in the litigation legal system, limit the number of identification and standardize the re-identification procedure. First, establish a hierarchical system of judicial expertise to limit the number of re-appraisals. It can be considered that the level of judicial expertise in China is divided into two levels and the number of appraisals is limited to two. The reason why it is limited to two times is mainly to ensure that both parties to the lawsuit have the right to apply for appraisal once. The first level is the first appraisal procedure, that is, the appraisal conducted by an appraiser with appraisal qualifications. The second level is the review and appraisal procedure. Taking criminal appraisal as an example, the review and appraisal expert committee composed of the chief physician, professor of forensic medicine and senior forensic experts specializing in practice in hospitals above the provincial level can conduct the review and appraisal. Generally speaking, the prosecution exercises the right of first appraisal and decides whether to file a complaint according to the opinion of first appraisal. In order to protect the legitimate rights and interests of the defendant, if the defense objection is established, it may apply for review and appraisal. Secondly, establish the supervision procedure of recheck appraisal, and correct the wrong recheck appraisal when necessary. It should be clear that the re-appraisal opinion does not invalidate the appraisal opinion of the first appraisal, and which appraisal opinion is more scientific and probative should be determined by the judge through examination and judgment. If the judge decides that the reexamination appraisal is inadmissible, one party to the lawsuit may apply to start the supervision procedure of reexamination appraisal. The review and appraisal expert committee that made the original decision shall select experts to form a supervision and appraisal expert committee for re-appraisal. Experts participating in the re-examination and appraisal shall not be used as appraisers again according to the principle of avoidance.However, you can attend the appraisal at the request of the re-appraisers and explain the reasons for the re-examination of the appraisal.

  3.4 Strengthen the protection of the rights of judicial appraisers

  The Criminal Procedure Law, amended in 2012, strengthened the protection of appraisers’ right to participate in litigation, mainly by including appraisers in the scope of personal protection. One of the reasons why appraisers are unwilling to testify in court in judicial practice is that they are afraid of retaliation for testifying in court. In criminal cases, the identification matters are often directly related to the criminal responsibility of criminal suspects and defendants. In reality, the parties have threatened or even retaliated against the appraisers, so the appraisers are often worried about testifying in court. Strengthening the personal protection of appraisers is very important for prompting appraisers to testify in court. According to Article 62 of the Criminal Procedure Law, in cases of crimes endangering national security, terrorist activities, organized crimes of underworld nature, drug crimes, etc., if the personal safety of witnesses, experts and victims or their close relatives is in danger because of testifying in the proceedings, the people’s courts, people’s procuratorates and public security organs shall take one or more of the following protective measures … The second paragraph of the same article also gives the experts the right to request personal protection in other cases, which is the first step. The third paragraph also stipulates the cooperation obligations of the relevant units and individuals in the protection of the personal rights of witnesses and experts, so that the personal protection of witnesses and experts may be implemented.

  However, the Criminal Procedure Law only stipulates the economic compensation for ordinary witnesses to testify in court, but does not include the appraiser in the scope of compensation. As an expert witness, an expert witness should enjoy the same rights as an ordinary witness, so we should refer to the economic compensation system for ordinary witnesses to testify in court and give the expert the right of economic compensation.

  In addition, the Criminal Procedure Law does not clearly stipulate what litigation rights the appraiser enjoys during the pre-trial appraisal. Looking at the legislation and practice of various countries, in order to ensure the successful completion of the appraisal task, the appraiser should also enjoy the following rights in the process of carrying out the appraisal: (1) The right to refuse the appraisal. When the questions raised by the judicial organs are beyond the scope of the appraiser’s knowledge or the materials provided by the judicial organs are insufficient to make an appraisal opinion, the appraiser should have the right to refuse the appraisal. (2) the right to know. The appraiser has the right to know the case materials about the appraisal object and request supplementary materials necessary for the appraisal opinion. (3) the right to conduct investigation and inspection under the guidance of the court. When the relevant information provided by the entrusting organ is incomplete, the appraiser shall have the right to carry out certain investigation activities under the organization of the court, including interrogating the criminal suspect, defendant, victim or witness, in order to obtain the necessary information needed for the appraisal.

  [Notes and References]

  [1] See the provisions of Article 4 of the Opinions of the National People’s Congress Standing Committee (NPCSC) Law Commission to the Ministry of Justice on whether the access management of judicial authentication institutions and appraisers can be implemented before the implementation of the decision on the management of judicial authentication (Letter No.52 [2005] of the Law Commission).

  [2] See the Opinions of the Political and Legal Committee of the CPC Central Committee on Further Improving the Judicial Appraisal Management System and Selecting National Judicial Appraisal Institutions (Political and Legal [2008] No.2).

  [3] See Article 10 of the Decision: "Judicial expertise shall be subject to the appraiser’s responsibility system. The appraiser shall conduct the appraisal independently, be responsible for the appraisal opinions and sign or seal the appraisal book. If many people participate in the appraisal and have different opinions on the appraisal opinions, it shall be indicated. "

  [4] See Article 3 of the General Principles: "Judicial authentication institutions and judicial appraisers shall abide by laws, regulations and rules, abide by professional ethics and discipline, respect science and abide by technical operation norms."

  [5] The major reform of the appraisal system in the new Criminal Procedure Code promulgated by Russia on December 18th, 2001 is a typical example. On the premise of strictly limiting the investigator’s right to start the appraisal and handing it over to the court, it gives the defense an equal right to claim the appraisal.

  [6] After the "Decision" was issued in 2005, there was no so-called "judicial authentication institution of Shanghai court".

  {1} Criminal Law Office of the National People’s Congress Standing Committee (NPCSC) Law Committee. the NPC Standing Committee’s decision on the management of judicial expertise [M]. Beijing: Law Press, 2005:21-22.

  (2) Zou Mingli. Study on the management measures of deepening the "three-oriented" judicial expertise [J]. China Justice, 2012,(4):95-99.

  {3} Huo Xiandan, Thoughts on Further Perfecting the Judicial Appraisal System [J]. Judicial Appraisal in China, 2014,(1):16-20.

  {4} Interpretation of "General Rules of Judicial Appraisal Procedure" by the heads of relevant departments of the Ministry of Justice [n]. Legal Daily, 2007-08-13.

How much is Maserati?

Take the CEO model as an example, the starting price is about 1,417,500 RMB, and the specific price will fluctuate according to the configuration and market preferences. Buying a Maserati is not only the pursuit of luxury, but also a commitment to quality life.

In addition to the price, the cost of owning a Maserati also includes insurance. For example, the annual insurance cost of the president series may be between 28,000 and 41,000 RMB, depending on the vehicle model and the type of insurance selected. In terms of maintenance, such as Maserati GTSport, the minor maintenance is about 3,000 yuan, and the major maintenance is over 1000 yuan. Together with the daily expenses such as fuel, beauty and car wash, it is estimated that the annual cost can reach about 100,000 yuan.

When choosing Maserati, price, performance, brand influence and after-sales service are all important factors. Although Maserati once had close ties with Ferrari and Fiat Group, it is now directly affiliated to Fiat Chrysler Group. As a representative of luxury cars in Italy, Maserati pays attention to the integration of design aesthetics and craft quality, as well as the unremitting pursuit of driving pleasure.

If you are interested in Maserati’s family history, you know that the name comes from Italian railway worker Rudolf Maserati of Carolina and his seven children. Their innovative spirit and love for speed gave birth to this legendary brand. From the founder Alfieri Maserati to the present, the brand has experienced a glorious journey, constantly introducing amazing models to satisfy customers’ desire for luxury and speed.

总裁

Of course, each brand has its advantages and disadvantages. For example, compared with Porsche, Maserati may have advantages in some aspects, such as exterior design and luxury interior, but Porsche may be superior in quality control and handling performance. When buying a car, consumers need to make the most appropriate decision according to their own needs and preferences, as well as the budget.

Dading broke 40,000 shops, and asked where the M9 was far ahead.

In 2023, online celebrity Car will be the M7, but in 2024, online celebrity Car will become the M9. Thanks to Huawei’s belief, the M7 has achieved excellent order performance, so we will look forward to the monthly delivery limit of the M9.

According to the previous reports, the cumulative success of the M9 has exceeded the 40,000 mark, which is an excellent performance for a self-owned brand new energy vehicle with a price of over 500,000. "Far ahead" may really not be an advertisement.

So, where is the bottom spirit of M9′ s "far ahead"? The author shot M9 in the shop a few days ago. Let’s find the answer together.

In terms of appearance, the front face of Wenjie M9 adopts a relatively rounded design style, and the closed grille is more common for new energy vehicles. There are raised ribs on both sides of the front hatch cover, which has a strong sense of strength; The headlight group adopts blackening treatment, and supports projection function, which is connected by penetrating daytime running lights, effectively stretching the horizontal visual width of the front face.

The lower enclosing part adopts three-stage design, and the fenders on both sides are designed with vertically arranged guide grooves, which can improve aerodynamic performance; At the bottom, there is a large rectangular air inlet, and the interior is decorated with a banner structure, which has a strong sense of layering. The roof is also equipped with a laser radar, which means supporting high-order assisted driving functions.

In terms of side modeling, the two-color body creates a suspended roof, and the style is more fashionable; The roof is equipped with a thick luggage rack, which effectively increases the sense of strength; The waistline is through, and the chrome-plated strips around the window and the side skirt highlight the layering of the side of the car body, and at the same time make the visual effect look slender; The door handle adopts a pop-up shape, which can reduce the wind resistance; The wheel hub adopts multi-frame modeling, which gives people a more atmospheric feeling.

In terms of tail modeling, the roof is equipped with a large spoiler and high-position brake lights, and the blackened taillight group adopts a penetrating design, which effectively stretches the lateral visual width of the tail; The license plate frame area adopts concave design, which embellishes the three-dimensional sense of the rear of the car; The shape of the lower enclosing part is relatively simple, with small fog lights integrated on both sides and silver-gray rubbing plates at the bottom.

In terms of dimensions, the length, width and height of the bound M9 are 5230/1999/1800mm and the wheelbase is 3110mm, respectively, and it is positioned as a large SUV.

The interior belongs to a relatively simple design style, including a three-position multi-function steering wheel, an all-LCD instrument panel, an embedded central control panel, a co-pilot entertainment screen and an electronic fender. The overall sense of science and technology is relatively in place, and the central control panel runs HarmonyOS OS, which shows excellent performance in both functionality and fluency.

Seats adopt a six-seat layout of 2+2+2, the second row adopts two independent seats, and the central passage is relatively wide, which is convenient for the passengers in the third row to get on and off. The electric adjustment/ventilation/heating/massage of the first and second rows of seats are standard in the whole system, and the third row of seats also supports electric adjustment and heating functions.

In terms of assisted driving function, Wenjie M9 is equipped with assisted driving hardware consisting of a laser radar, 11 cameras, 12 ultrasonic radars and 3 millimeter-wave radars, which can realize high-speed NOA function, and the urban NOA function needs to be opened for a fee.

In terms of configuration, the M9 comes standard with air suspension, panoramic image, front and rear parking radar, sectional non-openable sunroof, automatic wiper, front 50W wireless charging, 25-speaker speaker and other functions.

In terms of power, the extended range version is equipped with a hybrid system consisting of a 1.5T range extender and two motors. The maximum power of the range extender is 112kW, the combined maximum power of the two motors is 365kW, the peak torque is 675N·m, and the zero acceleration time is 4.9 seconds. The battery pack capacity is 42kWh, the pure electric cruising range under CLTC condition is 225km, and the comprehensive cruising range under WLTC condition can reach 1210km.

Moreover, the extended-range version can also be equipped with a 52kWh battery pack. The pure electric cruising range of CLTC is increased to 275km, and the comprehensive cruising range of WLTC can reach 1239km.

The pure electric version is also equipped with front and rear dual motors, with a comprehensive maximum power of 390kW, a peak torque of 673N·m, and an acceleration time of 4.3 seconds. The capacity of the battery pack is 100kWh, and the pure electric cruising range of CLTC is 630km.

Concluding remarks

Through experience, the author was deeply impressed by the space and configuration of the M9. Although the appearance is full of atmosphere, the originality is not particularly high. The interior has a certain sense of science and technology, but the black edge of the instrument panel is wide, which affects the sense of grade to some extent.

At the same level, the biggest advantage of the M9 is the driver assistance function. Even though the actual effect is not clear, users trust Huawei, which is unmatched by any other brand. Perhaps this is the strength of being far ahead.

Chaos in the fitness industry: the phenomenon that salesmen sell cards and get commissions without licenses frequently occurs.

  "Without a fitness card, I feel as if I am out of the times." As an old customer of the gym, Mr. Hu, a Shanghai citizen, works out at least three times a week.

  As early as October 1st, 2009, the State Council’s National Fitness Regulations came into effect, and August 8th of each year was designated as National Fitness Day. With the gradual improvement of people’s living standards, fitness has gradually become a popular lifestyle, and gyms have mushroomed.

  According to public information, the number of gymnasiums in China has maintained a high growth since its appearance, from nearly 3,300 in 2010 to more than 5,000 in 2017. It is estimated that the number of gymnasiums in China will reach more than 5,800 in 2018, and the number of members is expected to further exceed 10 million.

  Some experts believe that the "National Fitness Regulations" has been issued for 9 years, but the supporting implementation rules have not been formulated at the national level. For fitness activity sites and sports clubs, the regulations only provide principles. Up to now, only the Beijing Municipal Sports Bureau issued the Safety Management Standard of Beijing Gyms more than ten years ago (for trial implementation), and gymnasiums in other places are basically in a state of no compliance. "Due to the lack of laws, the seemingly prosperous fitness market contains hidden concerns. The operation of many gyms can be described as chaotic, and the qualification certificates of fitness instructors are also varied. "

  Salesmen sell cards and get commissions.

  "There is a new gym near the community, which costs only 1600 yuan a year. It’s a good deal!" Xiaomei, a white-collar worker in Guangzhou, happily shared the good news with her colleagues.

  Because of her busy work, Xiaomei often doesn’t eat on time, overeating at every turn, and her figure is completely out of shape. Looking at the dynamics of a big wave of show figures in the circle of friends, my heart is inevitably lost. This time, Xiaomei made up her mind to start the road of fitness, and readily paid money to become a VIP member of the gym.

  "Intelligent equipment, beautiful environment and rich courses can be experienced for three days for free … …” Looking at the leaflets handed over by the health card salesman, I feel that I have "picked up a big bargain". However, Xiaomei was happy for a few days, and a message from WeChat group broke her inner peace: "Members of the gym pay attention, the annual card of 1,600 yuan is only a junior member, and she can only exercise from 3 pm to 4 pm every day, and no other time." Surprised, Xiaomei called the gym and got the same answer.

  "Why didn’t you say it at the time of payment and didn’t write it in the contract? Isn’t this cheating consumers?" Under Xiaomei’s questioning, the salesman told her that if she wants to exercise all day, she must be upgraded to a senior member, and the senior member is 3600 yuan a year.

  "I wanted to exercise, have a good body and a good mood. This is good, and it will be blocked if I can’t exercise." There are more than 100 fitness enthusiasts who have the same experience as Xiaomei. However, considering that the money has already been paid, many members choose not to care, just as a lesson.

  The reporter learned from Xiaomei that at the beginning of the card, the salesperson did not clearly tell her these restrictions. "When a member proposed to return the card, the salesperson only suggested that there was a small line on the back of the contract, which said that 30% penalty would be charged for returning the card. I didn’t notice it before." Xiaomei has a feeling of being fooled in an instant.

  The reporter found that subway entrance, shopping mall entrance and residential area … … But in densely populated places, you can always see some gym salesmen handing out leaflets from time to time.

  "If you want to sell your fitness card, you must be persistent." Xiaoqiu, who started to contact the fitness industry three years ago, is a salesman. Through these years of close contact with the fitness industry, he has become familiar with all kinds of hidden rules in this industry. From the beginning, he had nothing to earn more than 10,000 yuan a month, relying on selling fitness cards. At the peak, he persuaded nearly 100 people to apply for cards a day.

  Xiaoqiu also revealed that some fitness clubs will engage in false propaganda, and the actual situation in the store is not as glamorous as the publicity materials. Many effect pictures are found from the Internet, and the designers make typography and beautification, giving people a feeling of "being tall", which in turn induces consumers to apply for cards.

  Insiders told reporters that a fitness club has been open for 30 to 40 days, and its sales can often reach 2 million yuan to 3 million yuan. For such high sales, the credit goes to the salesman. For salesmen, the basic salary is very low, and their income basically depends on the commission from selling cards, so they will use high discounts and exaggerating the quality of publicity services as bait to attract consumers to apply for cards, so as to get high wages. "90% of the fitness clubs have access control, members need to punch in, and some will take a camera photo to verify whether the cardholder is a member himself or not to prevent someone from lending it privately. This is to protect their way of making money, so that more people can get cards, and they will earn more. "

  Unlicensed operation is widespread.

  It is understood that the traditional gym has existed in China for twenty or thirty years, but the business model has not changed much. At present, "membership card+private lessons" is still the main source of gym income. The reporter found that as the main force of selling classes, the performance of coaches directly determines their income. Therefore, many coaches have turned into "class sellers".

  In March of this year, Luo Xin set up a two-year fitness card in a gym in downtown Ningbo, which cost more than 4,000 yuan.

  "When I went to the gym on the first day after I got the card, the coach enthusiastically helped me to test all the indicators of my body, saying that my constitution was too poor, so I had to buy private lessons if I wanted to exercise effectively." Luo Xin said that one private education class should be handed over to 450 yuan, while the general private education class is sold in 12 classes. According to this charging standard, the cost of private education class is higher than that of the annual card, so it was politely refused.

  "I’m still short of 4,000 yuan this month, so you can help me finish the task!" Luo Xin made a rough statistics. The fitness instructor sold her private lessons for more than 10 times before and after, and finally he couldn’t bear to complain before he could stop.

  However, when Luo Xin walked into the gym again, she found that many exercise rooms in the gym were occupied by private teachers and ordinary members could not enter. "When we applied for the card, we promised that all our equipment could be used, but now we treat it differently. We are also ridiculed for not buying private lessons." When Luo Xin proposed to return the card, the store tried every means to shirk it.

  Many members told reporters that "if you don’t buy private classes, the treatment in the gym is obviously much worse, and there is a feeling of being left out."

  "Fitness instructors are all committed to selling fitness classes. If they don’t buy courses, they will naturally ignore you. In fact, some coaches will gradually get worse after their members buy classes. Sometimes they play mobile phones in class and shorten the class time. It is common." Xiao Hu, who has been engaged in the fitness industry for many years, told reporters.

  Wang Gang, who just graduated from college this year, is a member of a gym in Hangzhou. As a newcomer, he wants to improve the training effect by asking a personal trainer. After experiencing several private lessons, he found that the teaching method of private education was not suitable for him at all, and even fell down several times while guiding training, and his fingers and bones hurt for many days.

  "When I proposed to drop out of class, the coach actually said that it was common to get injured during exercise. After a long time, my body adapted." Wang Gang looked helpless and began to doubt the real level of the coach.

  For fitness coaches, the National Fitness Regulations classifies them as social sports instructors, which are divided into two types: "not for the purpose of collecting remuneration" and "taking fitness guidance as a profession". The former implements the technical grade system, while the latter implements the vocational qualification certificate system.

  On September 12, 2017, Ministry of Human Resources and Social Security announced the Catalogue of National Vocational Qualifications, clarifying that among the "social sports instructors", only four high-risk project jobs such as swimming, skiing, diving and rock climbing were included in the access category of compulsory certificates; Other social sports instructors, including fitness instructors, aerobics, sports dance, equestrian, taekwondo and other 43 jobs, are included in the category of national vocational qualification evaluation without compulsory certificates.

  A person in charge of a gym in Shanghai told the reporter of the Legal Daily that according to the new regulations, fitness instructors belong to the national vocational qualification of level evaluation, which is only the basis for employers to judge the recruitment of talents and promotion of professional titles. "The gold content is not as good as before."

  The reporter went to the gym on the third floor of a large supermarket in Beijing, only to see that the hall was filled with treadmills, spinning bikes and other fitness equipment. Some members practice on various instruments, while several coaches in gray jerseys stare at them and occasionally come forward to demonstrate. The whole gym covers an area of about 3000 square meters, and it is divided into yoga area, fitness equipment area, spinning area and bathing area for male and female guests by glass. In front of several glass houses, there are signs that "non-private members are not allowed to enter".

  The reporter saw in the publicity column that the main projects of this gym include aerobics, boxing, folk dance, jazz dance and aerial yoga. Among the profiles of 15 fitness instructors, there are 9 titles at most and 4 titles at least. According to field statistics, there are more than 20 kinds of qualification certificates, which can be said to be varied. Such as national professional qualification certificate of fitness coach, professional fitness instructor certificate of China Bodybuilding Association, AASFP Asian fitness instructor certificate, Pilates senior coach, EPTC extreme slimming coach qualification certificate, senior private fitness coach certificate, personal fitness coach vocational skills training certificate, sports nutritionist qualification certificate, China bodybuilding independent trainer certificate, social sports instructor certificate (fitness coach), all-round personal trainer expert certificate, IVT biological rehabilitation certificate, etc.

  The reporter asked to see the business license of the gym on the grounds of getting a card. Liu Peng, a membership consultant, claimed that the business license was at the company headquarters, and added a reporter’s WeChat, saying that it would be scanned before being sent to the reporter. But since then, there has been no news from Liu Peng.

  The insider told the reporter that in the past, to start a gym, you had to go to the sports department to apply for the Sports Business License, and then go to the administrative department for industry and commerce to apply for a business license. After the country later included fitness coaches in the national vocational qualification of level evaluation, only sports with strong professional skills, great danger and great social influence went to the sports department. "At present, in the national fitness market, only swimming is strictly regulated by the sports department. In general fitness programs, the phenomenon of operating without a license is still relatively common. "

  Some experts believe that the national professional qualification certificate for fitness coaches issued by Ministry of Human Resources and Social Security and the Personnel Department of the State Sports General Administration is the only officially recognized authoritative qualification certificate for fitness coaches in the national sports industry. The state explicitly requires that social organizations such as trade associations and societies, enterprises and institutions carry out their own ability level evaluation activities according to market needs, and may not license and identify qualifications in disguise. Certificates may not use the words "People’s Republic of China (PRC)", "China", "China", "country", "national" professional qualification "or" personnel qualification "and the national emblem.

  A personal trainer who asked not to be named said that the threshold for personal coaching is quite low. In some training institutions, it often takes only 5 to 7 days of training to get the relevant qualification certificate as a coach. "Only 42% of the people who are engaged in fitness coaching in gymnasiums are graduates majoring in physical education, and most of them only obtain relevant vocational certificates after one to three months of training. Although the illegal licensing and identification of fitness instructors’ qualifications is almost open, the regulatory authorities have never investigated it. "

  It happens when gym owners run away.

  Walking around the company twice every day after lunch, Ms. Wu in Shanghai is even exercising. However, due to years of desk work, many occupational diseases have fallen behind. At the beginning of this year, under the persuasion of friends, Ms. Wu walked into the gym. But it didn’t take long for trouble to come.

  "I felt good in the first few months of fitness here, but since this summer, the gym has not even turned on the air conditioner, and the smell of sweat is suffocating. It is of no help to report it to the staff. And you can’t take a shower after the fitness. The staff said there was no natural gas. I want to complain, but I don’t know where to go? " Since then, Ms. Wu’s enthusiasm for going to the gym has been seriously frustrated, and she only goes once or twice every month.

  Time flies in September. On the way to send her children to school, Ms. Wu suddenly found that the gym where she handled the card became a maternal and child shop. Ms. Wu entered the store and asked, and the owner of the maternal and child store told her that the owner of the gym had run away because he owed high rent and utilities.

  The reporter followed Ms. Wu to the property company to inquire that since 2017, Boss Li of the gym has defaulted on the rent on the grounds that the capital turnover is not open. "Every time he is urged, he will pay one or two thousand yuan, which has never been paid." Manager Fan of the property company told the reporter that it is roughly estimated that the rent and tax owed by Boss Li should be around 500,000 yuan.

  In the face of the boss of the gym leaving without saying goodbye, Ms. Wu hasn’t recovered for a long time.

  According to relevant media reports, 60% of fitness clubs in China are losing money to varying degrees, and individual businesses maliciously circle money and run away, which happens from time to time in the fitness industry. According to incomplete statistics, the owners of more than 20 gyms in Beijing have run away in the past three months.

  "A gym that was engaged in discount activities a month ago suddenly closed down after 20 days, leaving only a notice on the door, but the contact number written on it has been turned off." The gym that handled the card suddenly closed, which made Yang Li, a fitness expert in Chaoyang District, Beijing, feel at a loss. "In July this year, it was reported that the gym was going to close down. At that time, I still didn’t believe it, and now the gym really has a problem."

  What makes Yang Li feel depressed is that since he can’t continue to exercise, how to deal with the fitness card? Fortunately, this gym is a chain store and there are other branches. So Yang Li and other members came to another chain gym to find the person in charge and ask what was going on.

  "The boss is away, and the company has already informed all the members that the gym has been transferred." In the face of members’ questions, a staff member came out to explain. However, members have said that they don’t know about the transfer of the gym. When the staff saw it, they had to say that they would give everyone a satisfactory answer later, but they could not give a clear answer time.

  Such a reply made Yang Li feel awkward: "I am afraid that the money for the fitness card will be wasted."

  Some insiders have analyzed that at present, there are more gyms, but the survival rate is not high. There are two reasons for the closure: First, the gym has invested a lot in the initial stage, and if the funds are not fully prepared, it is easy to break the capital chain; Second, vicious competition. If several gyms are very close and there is not enough differentiation, they can only fight price wars in order to attract customers, and the final result is to disrupt the market.

  Xiao Dongping, a lawyer in Beijing, analyzed, "The gym owner runs away. If there is executable property under the boss’s name, it needs to be auctioned by the court to provide compensation to consumers. However, from the past cases, it is difficult for consumers to obtain compensation through civil litigation, because the litigation cost is much higher than the advance payment lost by consumers, and it can only be lost in the end. "

  Cartography/Li Xiaojun  

Beijing 2024 Physical Education Entrance Examination Scoring Standard Announced

  Beijing, 24 Nov (reporter Fan Weichen from Zhongqing Daily, Zhongqing.com) Today, Beijing Education Examinations Institute announced the Scoring Standard for Physical Education and Health Assessment of Compulsory Education in Beijing (hereinafter referred to as "Scoring Standard"), which was put into use in the senior high school entrance examination in 2024.

  In December, 2021, Beijing Municipal Education Commission issued "Beijing Compulsory Education Physical Education and Health Assessment Scheme", which not only increased the process assessment, but also greatly adjusted the content of on-the-spot examination, further expanded the number of items, and adopted the method of classifying and restricting the selection. It was divided into four categories and set up 22 examination contents, of which the first category (quality item 1) middle-distance running events (1000m for boys and 800m for girls) were required.

  According to reports, compared with the original on-site examination items of the senior high school entrance examination for physical education, on the one hand, Beijing has scientifically adjusted the original item standards, including five items: 1000 meters for boys, 800 meters for girls, pull-ups, sit-ups and solid balls, among which four items, 1000 meters for boys, 800 meters for girls, pull-ups and sit-ups, are also the National Physical Health Standards for Students (revised in 2014) On the basis of comprehensive analysis of the data of physical education senior high school entrance examination, sampling test and unified test since 2017, according to the national students’ physical health standards, it is adjusted according to the principle of "reaching good is full score". On the other hand, the standards for newly added items are formulated scientifically, and the 17 newly added items are also formulated in accordance with the principle of "reaching good marks means full marks", with reference to the National Physical Training Standards, sports-related standards for senior high school entrance examinations in other provinces and cities, empirical data analysis and expert argumentation opinions. The new project is not more difficult than the original project.

  "The purpose of physical education entering the senior high school entrance examination is not to assign children three or six grades through the examination, but to give physical education ‘ A place ’ Let parents realize the importance of good health and physical exercise. " Zhang Shuang, an expert who participated in the demonstration of scoring criteria and dean and professor of the School of Education of Capital Normal University, said.

  According to the Beijing Education Examinations Institute, considering the characteristics of many examination items, many candidates’ choice combinations and different requirements for venues, the examination room will be arranged according to the candidates’ choice combinations and the characteristics of each item. In terms of examination organization, each district will organize the implementation according to the principle of "unified examination time, unified examination items, unified examination rules, unified grading standards, unified venue equipment settings and equipment standards". Each test center is equipped with relevant areas such as candidate assembly area, preparation area, examination area and rescue area, reasonably arrange the examination venues and equipment for each project, and scientifically plan the examination path. During the examination, candidates will be organized and guided by special personnel according to the project and grouping situation to ensure that candidates complete the examination according to the optimization process.

  Source: China Youth Daily

The cruising range will exceed 800km. New Tesla Model Y spy photos.

A few days ago, we obtained a set of latest road test spy photos of the new Tesla from overseas media. As a modified model, the new car is expected to be upgraded mainly for the design of exterior interior, but it is expected to be equipped with a large battery pack of 95kWh, and its cruising range may exceed 800km.

In terms of appearance, combined with the spy photos previously exposed, the new car will adopt an updated design similar to the new one. The front face is divided into a more angular closed low wind resistance design, and equipped with a new LED headlight group with a long and narrow shape, which is more aggressive in style. The side of the car body is basically unchanged, and it is still a crossover coupe SUV with a sliding roof.

The overall outline of the rear part will not change, but a brand-new through taillight group will be adopted, and the light source of the middle light belt will be diffuse reflection, which is very recognizable. In terms of interiors, the new car is also in line with the new Model 3.

The overall design style is more simple. The center console is equipped with an integrated turn signal button, and the rear gear mechanism is cancelled, and the middle floating central control large screen is used for gear shifting.

In addition, the surrounding atmosphere lights and carbon fiber decorative boards are added to the interior, which improves the sense of grade. In terms of power, the new car is expected to continue the current power configuration, but it does not rule out the introduction of a high-performance version with upgraded performance.

Switch the ride code, travel card and exhibition code directly next to the Alipay green code on the Liaoshitong health code line.

In the normalization stage of epidemic prevention and control, Liaoshitong health code is a passport that Liaoning people need to show when they enter and leave railway stations, airports, hospitals, supermarkets and other public places or take the subway. In the past, when citizens presented Liao Shitong health codes, they usually had to go through the steps of scanning codes, jumping pages and filling in data, but now a more convenient way of "showing" is coming!

The reporter was informed on September 10 that the public can add the Liaoshitong health code to the homepage of Alipay. When it is necessary to show it, open Alipay and click on the "Health Code" on the homepage at a glance.

It is reported that in order to serve the accurate prevention and control of epidemic situation and help everyone to travel safely, Alipay Liaoshitong Health Code optimizes and integrates the basic information of users, two-dimensional code for epidemic prevention and control (red, yellow and green code), personal report (health statement), vaccination record inquiry, Liaoshitong Health Code Golden Shield, communication big data travel card inquiry, nucleic acid test result inquiry, generation exhibition code, report record, health information, double safety certification green shield and personal health.

Alipay has added more services to the Liaoshitong health code applet, such as: inquiry of epidemic risk levels in various places, self-inspection of peer secret personnel, subway, bus, Alipay sweep, Alipay payment code and so on.

It is worth mentioning that the related functions such as boarding code, travel card and exhibition code can be displayed directly on the right side of the green code interface, and it is very convenient to switch directly with one click. Take the code exhibition function as an example. After entering the name, mobile phone number, certificate type, certificate number, personal relationship and residential address of the agent in advance, a small icon of "code exhibition" will be generated on the right side of the green code of health code. Click it to display the health code of the agent.

According to the requirements of epidemic prevention and control and the demand for convenience, Alipay has simultaneously launched a five-piece set of daily epidemic prevention. In addition to generating the basic function of health code, Alipay can search for keywords such as peer self-examination, nucleic acid detection, travel card and risk level, and all kinds of convenience services can be directly accessed with one click.

1. Display health code and basic information.

After opening the Alipay Liaoshitong health code, the name and ID number of the client can be displayed once (some contents are omitted to protect citizens’ privacy), and green, yellow and red QR codes can be generated at the same time, prompting different degrees of risks. At the same time, the page can also display personal health risk tips, COVID-19 vaccination information, the State Council travel card information and nucleic acid test results.

2, peer self-examination

Many citizens who have traveled by plane, train and other public transportation within 14 days may be worried about whether they have shared with confirmed or suspected patients. Recently, the national government service platform and the Health and Health Commission have launched a self-inspection service for peer secret attendants. The public can search for "peer self-inspection" on Alipay to find out more peace of mind.

3, nucleic acid detection information query

Alipay Liaoshitong Health Code has realized data sharing with all nucleic acid detection institutions in the province. After clicking enter, you can query the results of the latest standard nucleic acid detection, sampling location and sampling time (excluding crowd screening using mixed sampling method in emergency). This electronic certificate has been approved by the provincial headquarters and is common in the province.

4. Travel information query

Click "the State Council Travel Card Inquiry" in the main interface to open the small program of "Communication Travel Card" in the State Council, and display whether the code holder has visited the city where the medium and high-risk areas are located in the past 14 days by verifying the mobile phone number. For the convenience of "one code for all lines", the user can also click the communication big data verification in the health code generation interface, and then the travel risk information will be displayed directly in the interface (this function may require the input of SMS verification code), omitting the links of secondary code scanning and secondary code lighting.

5, around the risk level query

Open Alipay and search for "epidemic risk level query" to view information such as medium and high-risk epidemic areas in China and local epidemic risk levels.

Tips: At present, Alipay Liaoshitong health code has five main functions, which gradually promotes the "one code for all, one code for all" in the health industry and even more scenarios. The display method is as follows:

Method 1: In order to find the health code conveniently and quickly, you can add the health code to the Alipay homepage, which can quickly open the verification. Users who haven’t added the health code to Alipay’s homepage can click "More" in the nine squares of the homepage, click "Edit", find the health code and click "+"in the upper right corner to add it to the homepage.

Method 2: You can also search the Liaoning Health Pass Code applet on Alipay homepage for verification.

Should the data of "health code" be deleted? The proposal of Wenzhou representative attracted a debate.

  Wenzhou Net News The ongoing two national conferences have brought public data security into the public eye. Hu Chengzhong, deputy to the National People’s Congress and chairman of the board of directors of Delixi Group, suggested that with the epidemic prevention and control entering a new stage of "Class B and B management", the "health code" has been completely stopped, and the relevant data collected by the "health code" should be deleted within a limited time to reassure the people.

  In Wenzhou, everyone is most familiar with the "Wenzhou Epidemic Prevention Code". It is equivalent to the merger of "health code" and travel card, and was officially launched on November 1, 2021. Relevant reports show that the number of users of Wenzhou Epidemic Prevention Code reached 8.96 million only two months after it was launched, and by April 2022, the number of users reached 14.39 million, and the number of bright codes per day reached more than 18 million.

  In the prevention and control of epidemic situation, "health code" played a great role and became a highlight of China’s anti-epidemic experience. At present, where should the massive data behind the "health code" go?

  Completely delete the square

  Wang Xianming, deputy dean and professor of the School of Data Science and Artificial Intelligence of Wenzhou Institute of Technology, clearly understands his point of view: absolutely support, and the "health code" data should be completely deleted.

  He believes that on the one hand, from the perspective of the necessity of data retention, epidemic prevention and control has entered the "Class B B Management", and there is no reason to use these data again, so there is no need to keep them. On the other hand, data storage is bound to have security risks, although it depends on where the data exists. Is the platform reliable? But this only shows that the security risk of data leakage is big or small, and it can’t completely avoid the risk.

  "The importance of personal data is self-evident, so when deleting it, we should pay more attention to the security of the data during the destruction process, and ensure that the data is completely destroyed." Wang Xianming said.

  Also supporting the positive view is a professional who has been fighting in the front line of epidemic prevention for three years. He believes that for the traceability work, collecting personal data in epidemic prevention and control is to quickly trace the trajectory of infected people in the past 7 days and 14 days in the event of an epidemic. This supports the epidemiological investigation to the maximum extent. Through the data, we can basically judge where the infected people are infected, and provide reference for the subsequent delineation of medium and high-risk areas. However, the professional also pointed out that after the epidemic entered a new stage, it is no longer necessary to trace the source as before, so it is no longer necessary to rely on these historical data at present. "After all, this is the transfer of personal privacy made by the public in order to cooperate with the overall situation of epidemic prevention."

  What do ordinary citizens think? Let’s see what the supporters in the positive camp say — —

  Citizen Li Tao: No suggestion, delete it immediately. The mission of "health code" has been completed, and relevant data should be completely deleted.

  Citizen Qiao Qiao: I am a 2018 undergraduate student. I was often locked in school from my sophomore year until graduation. During the period of school closure, every day, in addition to doing nucleic acid, the "health code" was checked. Now when I see the "health code", I will think of that painful memory, especially hoping to completely delete the "health code" and related data.

  Natural extinction of the opposing side

  A data engineer, who asked not to be named, believes that the key issue is not whether the data should be saved, but what can be done to make the data more secure.

  In this regard, Xu Gang, Dean of the School of Artificial Intelligence of Zhejiang Security Vocational and Technical College, also said that it is not easy to generate massive data on specific topics, and it is of high value in professional fields. Massive data should be preserved for a long time, and it will be better through natural extinction. He explained that theoretically, every kind of data has a life cycle, which is divided into collection — Handling — Transmission — Exchange — Six stages of destruction. In the short term, it is necessary to consider that the destruction needs to be based on certain policies, regulations and technical means, and not only will there be risks that cannot be traced back, but also corresponding costs and expenses will be incurred. However, natural extinction, such as expired batch destruction, storage equipment scrapping, natural disaster destruction and other factors, is conducive to the long-term reuse of data, especially the epidemic data can be used for long-term research on citizens’ health, epidemic spread theory, optimization methods of epidemic prevention measures, non-compliance behavior during the epidemic, etc. Of course, it is necessary to strictly ensure data security in this process.

  There are also many citizens’ voices in the anti-party camp — —

  Netizen "Wendy": As long as it is not leaked, the data can be kept reasonably, and it doesn’t matter if it is not deleted. In case of special circumstances in the future, these data can be used as historical situations for analysis, which may play an emergency role.

  Citizen Chen Xi: I remember that many people were sending friends to commemorate the trip card when it was off the line. Although there were countless "health code" checks and negative nucleic acid certificates during the epidemic, there were still many warm moments during the epidemic. I hope to keep the "health code" and the data inside, which can be regarded as a commemoration of this special period.

  What do you think of whether the data of "health code" should be deleted?

  Source: Wenzhou Daily

  Original title:

  The proposal of Wenzhou delegates to the NPC and CPPCC triggered a debate?

  Do you want to delete the "health code" data?

  Pro: completely delete VS anti: natural extinction

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Nankang District, Ganzhou City, Jiangxi Province: Taking Multiple Measures to Promote the Healthy Development of Township Economy

  In order to activate the new kinetic energy of high-quality development of township economy, and further consolidate the effective connection between the achievements of poverty alleviation and rural revitalization, Nankang District of Ganzhou City takes "a prosperous town for the people" as the goal, takes economic development as the main line, takes the development of private economy as the starting point, and focuses on key tasks such as enterprise cultivation, industrial transformation and upgrading, and financial system reform, so as to give full play to the positive role of fiscal policy, fully improve the level of township economic development, and promote the sustained, rapid and healthy development of township economy.

  First, focus on supporting and promoting the first industry.Focusing on the first industry of modern home furnishing, we will improve quality and efficiency, play a positive role in fiscal policy, better guide all towns (streets) to adhere to standards guidance and innovation drive, manage and operate furniture gathering areas, actively promote the overall improvement of environmental protection, fire protection and safety production in the region, and further promote the transformation and upgrading of the first industry of home furnishing.

  The second is to vigorously cultivate and expand market players.Support each township (street) to cultivate new leisure agriculture such as industrial enterprises above designated size and farmhouse music based on local characteristics. Strengthen departmental cooperation, increase policy propaganda, optimize the approval process, actively guide foreign business workers to return home to start businesses, and continuously enhance the new kinetic energy of town economic development.

  The third is to deepen the pilot reform of the township financial system.Implement the relevant arrangements for the reform of the financial system below the provincial level, in accordance with the principle of "checking revenue and expenditure, striving for self-balance, and encouraging development", and on the basis of scientifically delineating the base of township financial revenue and expenditure, further clarify the scope and sharing ratio of district and township income, standardize the sharing of surplus income, give full play to the financial enthusiasm of district and township levels, and strengthen the guarantee ability of financial assistance to township economic development.

  In addition, policies and measures should be refined in promoting new urbanization, and performance appraisal should be increased to ensure the sustained and healthy development of township economy.