It has been more than half a month since the "rebellion" of Wagner, a Russian private military group, and the social security and military order in Russia have already returned to normal.

　　After Wagner’s "mutiny" came to an abrupt end, Russian President Vladimir Putin pronounced Wagner’s "death penalty" in a national televised speech on June 26th, saying that Wagner would no longer be allowed to continue to maintain a military presence within the jurisdiction of Russia, and only Wagner soldiers would be allowed to join the Russian regular army, disarm and return to the fields, or go to Belarus. On the same day, Prigozhin, head of Wagner, also announced that "Wagner will eventually be dissolved" before July.

　　However, Wagner’s movements since then have always been foggy, and contradictory news has been released constantly, which makes people unable to understand Wagner’s real fate. What is certain is that Wagner has remained active so far. A few days ago, Putin even proposed that Wagner be led by a military figure codenamed "White Hair" and "restore the original state".

　　So, what is Wagner’s current situation? Will it continue to maintain a military presence? Is it even possible to re-participate in the Russian-Ukrainian conflict?

　　What is Wagner’s current situation?

　　Wagner’s recent trend is very contradictory. After being sentenced to death in late June, Wagner recently turned over weapons to the Russian Ministry of Defense, while still recruiting new soldiers.

　　According to a report by the Russian Tass news agency on July 12th, the Russian Defense Ministry issued a statement on the 11th, saying that the Russian army is about to complete the work of receiving Wagner Group’s weapons and equipment. According to the data disclosed by the Russian military, Wagner handed over more than 2,000 rockets, air defense systems, armored vehicles and other heavy weapons and equipment and more than 2,500 tons of various ammunition. This statement means that Wagner has lost his fighting capacity, and Prigozhin has at least fulfilled the agreement he reached with the Russian Defense Ministry in June.

　　However, Wagner is unlikely to disappear in the short term. On the contrary, after entering July, Wagner still openly recruits in Russia. According to the British "Financial Times" reported on July 5, on July 4, Wagner’s recruiter made it clear that the recruitment plan would not change because of the failure of the "rebellion", and the newly recruited soldiers still signed contracts with Wagner Group and stayed in Krasnodar Krai, Russia for training. This obviously violates the ultimatum of the Russian Ministry of National Defense that Wagner soldiers must sign contracts with the Ministry of National Defense before July 1. The Financial Times analyzed that the move of recruiting new soldiers proved that Wagner will still exist for a long time and continue to participate in Russian military affairs in some form.

　　The Russian online media "остооно, Media" also quoted the famous Russian host Ksenia Sobchak (ксениясоо) on July 2nd. Sobchak said that Wagner is recruiting up to six arms, including signalmen, gunners and engineers.

　　In addition, Wagner posted on the social platform Telegram on July 15 to continue recruiting soldiers: "All positions in Krasnodar Krai are still empty." Wagner also promised to pay a monthly basic salary of 240,000 rubles (about 19,025 yuan), plus bonuses and insurance.

　　Did any soldiers leave?

　　In his speech on June 26, Putin promised to offer Wagner soldiers three choices: joining the Russian regular army, disarming and returning to the fields or going to Belarus. In short, Putin demanded that Wagner’s military presence in Russia be banned. Did Wagner soldiers really get the right to choose, and how many people chose to leave Wagner?

　　According to a report by the Russian Interfax news agency on July 2, Volodin, chairman of the Russian State Duma (lower house of parliament), posted a summary of the "attempted coup" on social platforms, claiming: "Many members of Wagner have agreed to sign contracts with the Russian Ministry of Defense and join the regular army." At present, the Russian Ministry of Defense has not announced the information of Wagner’s personnel as it announced the collection of Wagner’s weapons, nor has it seen the news that Wagner’s grassroots organizations have announced their participation in the Russian regular army. According to the Russian newspaper Kommersant reported on July 13th, Putin admitted in an interview that Prigozhin still refused to accept the proposal of adapting Wagner soldiers.

　　There is no evidence that Wagner soldiers are being demobilized on a large scale. Wagner’s recruitment in Russia implies that Russian officials have not implemented the goal of banning Wagner’s military presence in Russia.

　　The exact news at present is that some Wagner members did go to Belarus. According to today’s Russian TV station (RT) reported on July 16th, Wagner members are training soldiers of the Belarusian army and conducting military exercises with the Belarusian army. The Ministry of Defence of Belarus also issued a statement on July 14th, stating that Wagner would assist Belarus in formulating a "road map" for military training.

　　Return to the battlefield?

　　According to a report by Russia’s Kommersant on July 13th, Putin revealed in an interview that he met 35 members of the Wagner organization a few days ago, which provided them with a brand-new way out: the Wagner organization was led by the person who served as the actual commander in the past 16 months and code-named "White Hair". Putin said that under this model, "nothing will change" means that Wagner will resume the organizational model before the "rebellion", that is, continue to exist in the form of private mercenaries. To this end, Putin hinted that Wagner might be granted legal status: "This is actually a legalization issue and should be handled by the State Duma and the government."

　　Reuters published an article on July 14th, saying that the military figure named "White Hair" who was appointed to take over Wagner was probably Andre Troshev (андрейтрошев). Previously, the official documents of the French Ministry of Finance and the European Union used "white hair" to refer to Troshev. In its document issued in 2021, the European Union described Troshev as "the chief executive of Wagner Organization", which is different from Putin’s claim that "Wagner was actually ‘ White hair ’ Leadership ". It is reported that Troshev served as the commander of the Russian rapid reaction force all the year round. In a photo that flowed out in 2017, Troshev took a group photo with Putin and Prigozhin. Reuters pointed out that Troshev may be Wagner appointed by Putin, and he plays the role of a liaison between Wagner and Russian troops.

　　The softening of Russian official position paved the way for Wagner to maintain his military presence in Russia. Public opinion believes that Wagner is likely to rebuild his military presence in the future, and at least he will go to Africa or Syria to return to his old job and be employed by the Russian military to perform overseas military tasks. Some analysts even pointed out that Russia cannot afford to lose Wagner’s force, and Putin’s statement may have laid the groundwork for Wagner’s return to the front line of the Russian-Ukrainian conflict.

　　The British Broadcasting Corporation (BBC) pointed out in a recent article that Wagner had already proved that it was indispensable for the Russian army in the battle of Bachmut, which lasted for almost a whole year. In the widely circulated video of Prigozhin swearing at Russian Defense Minister shoigu and Chief of General Staff gerasimov, Prigozhin accused the Russian regular army of fleeing without fighting in the suburbs of Bachmut, causing Wagner to be attacked on three sides in the frontal battlefield. Analysts believe that the Russian army is under great pressure and needs Wagner’s return.

　　Sean Bell, a military scholar, analyzed that it is unwise to "exile" Wagner to Belarus for a long time, let Wagner soldiers return to the fields or dilute them into the Russian regular army. "Russia can’t bear the consequences of losing the best and most experienced soldiers in the conflict between Russia and Ukraine", so Putin is willing to soften his posture and put forward that Wagner will "return to the original state" under the leadership of "white-haired" Troshev, which means that Wagner will return to the battlefield in Russia and Ukraine as a whole in the future.

Do you know how popular real sales experts are?

Let’s look at a data:Among the top 500 CEOs, the most are from sales, and the second most are from finance, which add up to more than 95%.

This was mentioned by the former HP global vice president in his retirement speech.

Sales, a seemingly low-threshold occupation, is related to the lifeline of enterprises.

In today’s situation, the sales war determines whether the enterprise can outperform the opponent in difficult times.

But what will the top sales elite do?

Sales is a job that tests people’s mentality. It requires a strong heart, and you may be rejected and even humiliated by customers again and again. If you can still adjust your mentality and bite the bullet and catch up, it will be really great.

Most new sales start from the most basic work, and need to call and send WeChat again and again to find target customers. It is very unpleasant to be rejected mercilessly and hung up, and most sales have to experience countless rejections a day.

You used to think that those low-threshold sales that accompany wine have no gold content, but in fact they don’t have the thick skin and the spirit of repeated defeats and wars. Most people can’t even do low-threshold sales, and it is easy to be attacked and doubt their lives.

When you finally establish contact with customers, but only remain polite and unfamiliar, then you should also be careful.

Because sales experts know that the key to door-to-door sales is to become friends with customers and become one with them. If the customer is polite to you, it means that you haven’t entered the customer’s heart. This kind of customer relationship is very fragile. Once the master salesman of the competitor sells, the customer will easily fall to the competitor.

Therefore, there is an old saying in the marketing field called:"Be friends first, then do business."

Quotations from sales experts:

The most economical and effective way to open the other person’s heart is to praise your customers. But remember: Flattering "flattery" indiscriminately and untimely will only embarrass your customers.

It’s often seen that new salespeople desperately introduce products and enterprises to customers when they meet them for the first time. I wonder if customers are not familiar with you, and it’s already a face for you not to kick you out. Will he still listen to your introduction carefully?

We should disguise ourselves as his peers or higher in front of customers! Only in this way can customers respect you and recognize you, and then they will discuss their work with you.

4 Don’t expect to get the customer right away when you visit for the first time. At most, you should throw stones to ask for directions. The main purpose is to get to know the internal situation by contacting the customer, such as who can make the decision and which relationships need to be dealt with …

The law of sales is: communicate well with the people above, and communicate poorly with the people below, and there is a 20% chance of being turned over; Communicate well with the people below, and if you don’t communicate well with the people above, there is a possibility that 80% will be turned over! Therefore, every link is guaranteed to be safe, and that is really safe.

Sales experts will definitely find out the personnel structure of the other company before winning the big order, and find out who is the recommender, the influencer and the decider.

The recommender is often the person in charge of the purchasing department or technical department of the other company, who is the best to know and buy, and he can push our list to the person who has the final say. The influencer is a person who is one level higher than the recommender and can turn a deaf ear to the finalization of cooperation.

In large-scale projects, it is of little value to just get rid of one person. If the recommender doesn’t recommend you, the decider won’t dare to decide you, because there are too many risks. If the recommender recommends you and the influencer attacks your weakness, the decider will not dare to decide you. If the recommender recommends you, the influencer has no opinion, and the decider has not been settled, the variables are also very large.

Persuade "Wang" with the help of "Wizards" (that is, technology); Persuading "scholars" depends on interests.

In other words, it is to convince people at the level of boss and boss that you are not qualified to talk about technology and money, and others will not care about you; Persuade middle-level cadres who work, you want to talk about benefits, you talk about technology, others will say yes on the surface, but in fact, they are eager for you to get out of here early.

In particular, we should remember that we should protect our related parties and references, try to pretend that we don’t know him in the office, or at least show that we are unfamiliar with him. Otherwise, customers will see that one side of the company has stood with the salesman, and the gold content of the referee’s speech will be greatly reduced.

Quotations from sales experts:

Any salesman is not facing the customer’s company, but the customer’s individual.

The premise of getting the key person is: 1) you should be good at appraisers; 2) you should be sensitive; 3) you should be able to close the distance with customers; to have this ability, you must 1) run more customers; 2) you should be good at summarizing.

3 winning small customers depends on being a man, because small customers don’t have much conflict of interest, winning big customers depends on methods and strategies, because big customers have huge interests, and human nature is worthless before interests.

Don’t imagine that you can win the contract by talking about technology with others.

A clever salesman understands that the overall goal of "signing the bill" is decomposed into eight small goals that can be achieved and have continuity:

Goal 1: collect customer information;

Goal 2: contact customers;

Goal three: let customers have a good impression on me (giving small gifts or promising benefits);

Goal four: let customers know about our products that best match their needs (repeated promotion of technical selling points);

Goal five: get the approval of the customer’s decision maker and key people (business activities);

Goal 6: Understand and meet the procurement procedures;

Goal 7: Participate in bidding;

Goal 8: Winning the bid.

Concentrate on conquering key targets at each stage, and finally sign big orders.

If you want to make a big order, you must first remember."28 rule"：

Customers who do not have enough conditions to buy or always want to get low prices are called inaccurate customers, and they should be deleted as much as possible. Because they can only create 20% performance for you, but they often consume 80% of your time and energy.

Secondly, the sales idea should be changed from "I want to sell" to "customers buy with me".

Finally, make your product complicated and important.

How to complicate an extremely simple product and raise it to a high price can be based on the analysis of consumers’ buying behavior, starting from the following aspects:

① Linking products with highly complicated problems;

(2) establish the image of Smith;

③ Understand the real concerns of customers and put forward their own solutions;

④ Make the differentiation of their products more obvious.

So as to establish a high-value brand image in the hearts of customers and win high-priced orders.

Quotations from sales experts:

It’s foolish to keep repeating the wrong sales method. You should be good at summarizing why it is not accepted by customers, so that you can make progress.

Solving problems is first of all strategic, grasping the laws, then technical, and finally psychological and detailed.

The key to the mid-term sales is differentiation. Differentiation gives you a label to make you look different, attract customers’ attention and interest, which must be marked and done in the middle of the specific documentary process. Only in this way will customers pay more attention to you.

As long as you are enthusiastic about life, enthusiastic about people, know how to read and feel, make people feel good about you quietly, know the way of the world, know how to predict the development trend of things, and then work hard, then there will be a wonderful story.

Ni Jianwei, a sales god with an annual signing of 600 million yuan, is the author of the best-selling book "Notes on grabbing orders: sales is to get people".

Pacific insurance group insurance billing scheme designer, internal training lecturers of famous enterprises such as Midea, Country Garden, Xuesisi, Hewlett-Packard and Skyworth Color TV, and marketing consultants of many enterprises and institutions such as Shenzhen Smart Security Association.

He has served as the general manager of sales in several Fortune 500 companies, and has worked in Japan’s Ebara Machinery, Germany’s Siemens, and the United States’ Tuthill. Focus on key account sales for 22 years.

Click on the blue word above to pay attention to "vitality and harmony"

College entrance examination is a big test in the life of college students, which is related to the vital interests of candidates and has attracted much attention from the society. The college entrance examination in 2024 is approaching, and the majority of candidates are actively adjusting their status and preparing for the exam calmly and orderly. However, some lawless elements are driven by economic interests to spread false information about the exam, sell and create anxiety, and even commit fraud and induce candidates to cheat in the exam, which seriously disrupts the enrollment order of the exam. To this end, the Ministry of Education, in conjunction with relevant departments, has sorted out some typical cases that have appeared in recent years, and solemnly reminded the majority of candidates and parents that they must be vigilant, beware of being deceived, and do the integrity test. Let’s look at it together-

First, organizing cheating in the college entrance examination can’t escape the recovery of the French Open.

[Case] Before the college entrance examination in 2023, some criminals promised candidates through QQ group and other channels that they would pass the answers to the candidates during the college entrance examination. Candidates only need to bring in electronic devices and send back the questions. The Ministry of Education, the Ministry of Public Security and other relevant departments jointly conducted rapid investigation and successfully destroyed relevant criminal gangs before the exam.

【 Regulations 】 The Criminal Law of People’s Republic of China (PRC) clearly stipulates that it is illegal to "organize cheating" and "provide examination questions and answers to candidates" in the national examinations prescribed by law. The Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases, such as Cheating in Organizing Examinations, makes it clear that those who organize cheating in national education examinations, such as college entrance examinations and postgraduate entrance examinations, shall be deemed as "serious" acts, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined.

[Reminder] In recent years, local public security organs, together with the education departments, have continued to maintain a high-pressure and severe crackdown on all kinds of illegal and criminal activities involving exams. Remind the majority of candidates that they must enhance their legal awareness, know the law and abide by it, and don’t be confused for a while and regret it for life.

Second, "Gui Li" will eventually become "likui jy", and it is not feasible to challenge the law.

[Case] In the unified entrance examination of art and design major in colleges and universities in a province in 2020, two "exam-assisting" intermediaries found a college student to take the test for a candidate and were arrested by the police. Two cheaters were sentenced to three years and eight months in prison and three years and two months in prison respectively. Taking the test for college students was sentenced to five months’ criminal detention and suspended for one year.

【 Regulations 】 The Criminal Law of People’s Republic of China (PRC) clearly stipulates that it is illegal to "organize cheating" or "substitute others or let others take the exam instead of themselves" in the national examination prescribed by law.

[Reminder] In recent years, some new technical means have been gradually used in the management of national education examinations to prevent fraud such as taking exams. Although the results of college entrance examination are important, the quality of honesty is related to the development of a person’s life. Don’t believe in the temptation of criminals, and don’t be lucky enough to take the exam for others or let others take their place. Trying the law will eventually "eat the consequences".

Third, avoid the security belt "equipment", and the attempted cheating will ruin the future.

[Case] During the college entrance examination in 2022, a candidate avoided the entrance security check and illegally brought his mobile phone into the examination room. After the examination, he took a test paper and sent it to QQ group for an answer, which was unsuccessful, and was seized by the public security organs at the first time according to law. According to relevant regulations, candidates who violate the rules are dealt with seriously.

[Regulations] The college entrance examination is a national education examination prescribed by law. The Measures for Handling Violation of National Education Examination clearly stipulates that anyone who carries equipment with the function of sending or receiving information should be considered cheating in the examination, and the scores of all stages and subjects he signed up for the examination are invalid. The Education Law of the People’s Republic of China clearly stipulates that candidates who carry or use cheating equipment and materials in national education examinations, if the circumstances are serious, shall be ordered by the education administrative department to stop taking the relevant national education examinations for more than one year and less than three years; If it constitutes a violation of public security administration, it shall be punished by the public security organ according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

[Reminder] In recent years, the Ministry of Education, together with relevant departments, has deployed a special treatment for cheating on mobile phones in the college entrance examination, and resolutely prevented cheating on high-tech equipment such as mobile phones by strengthening the entrance clearance and invigilation clearance. During the examination, all candidates take the examination in the standardized examination room and under the whole video surveillance; After the exam, the video of the examination room will also be played back and reviewed. Candidates should consciously abide by the requirements of the rules of the examination room, obey the management of the examiners, refuse to carry illegal and prohibited items such as mobile phones, and abide by the examination discipline. Losing an exam is not important, but losing your life is not worth the loss.

Fourth, spending money to walk is not credible, and there is no "pie" with "trap"

[Case] Parents in a province received a short message from an unknown number, and then they received a message from their "daughter" who lived in the school, saying that they wanted to sign up for a training course offered by a well-known university. Parents are eager to love their daughters and have established contact with a "teacher Zhang" who is in charge of training matters. "Teacher Zhang" said that paying 300,000 yuan can "walk" to this prestigious school. Later, the "daughter" and "teacher Zhang" attacked each other and urged the payment for various reasons, defrauding a total of 180,000 yuan.

[Reminder] There is a strict workflow for college admissions. There is no such thing as "internal enrollment" and "paying for admission" in the process of college entrance examination. Candidates and parents should be highly alert to such deception under the guise of "spending money to buy university places" and "special channel admission". It is necessary to understand and confirm the examination enrollment policies and information from formal channels. False propaganda for some bad training institutions and criminals. Candidates and parents should not be credulous and deluded, so that they are deceived, causing property losses and delaying valuable review time.

Fifth, the college entrance examination volunteers have been tampered with, and information disclosure needs to be vigilant.

[Case] A candidate in a province illegally tampered with the college entrance examination volunteer by using his classmate’s admission ticket number because of his bad relationship with his classmates, which caused his classmates to be affected. The public security organ imposed a five-day administrative detention on the candidate, and the Provincial Admissions Office decided to let the victim re-fill in his volunteers to maintain the fairness and justice of the college entrance examination.

[Reminder] The college entrance examination is an important exam for candidates’ lives, and it is very important to protect the security of personal information. Candidates should carefully keep important information such as personal admission ticket number and login password, always be vigilant, avoid personal information from being leaked to others, and prevent criminals from illegally using information and infringing on personal rights and interests.

Sixth, "Zhankeng Post" is a gimmick, and the "prank" involved in the test cannot be touched.

[Case] After the math subject examination of the college entrance examination in 2023, some counseling institutions and some netizens released some pictures of the test papers, claiming to be "the test questions before the exam" and being suspected of leaking the test questions. After investigation by the public security organs, it was found that it was a malicious editor who "occupied the post". Before the exam, it posted irrelevant posts on the relevant platforms, and then replaced the original content with the content of the test paper after the exam. The post time was still displayed before the exam, which caused the illusion that it was suspected that the questions were leaked before the exam.

[Reminder] Lawyers and experts remind that if candidates maliciously publish such information, they will be suspected of breaking the law in addition to violating the examination discipline, and if the circumstances are serious, it will constitute a crime. If a training institution or other personnel, for the purpose of illegal possession, fictitiously obtains the information of test questions or "real questions" before the exam by publishing "posts occupying pits" to defraud a large amount of public and private property, it is suspected of fraud. Candidates should not "fool" themselves in order to entertain others.

Source/inner mongolia admissions exam

Editor/Jay Song Zhang Xiaomin

Audit/Wang Yuanfei

Final review/Ho Lee Chang Xiujuan

News hotline/0474-7215507

Submission email/xhrmt2019@126.com

Disclaimer: Original manuscript of Xinghe County Rong Media

Please indicate that it is from the official WeChat of Vitality Xinghe.

Selected previous issues

Xinghe News || On Wednesday, May 29th, 2024, see more Li Kai-dong hosted a work dispatch meeting in the field of people’s livelihood. See more about the establishment of the administrative service and data management bureau of Xinghe County. See more about the awareness of the Chinese nation community | Saiwusu Town and Erdong Town carry out "Ethnic Policy Publicity Month" in various forms. See more about a set of "Beautiful China Summer Scenery" broadcast by CCTV. See more about the beauty of Sumu Mountain in Xinghe County, Wulanchabu.

Original title: "The Ministry of Education released the early warning information of the 2024 college entrance examination! 》

Read the original text

There are 55 collections in The Legend of Plague Innocence, including 4 types. Because some collections are small and hidden, it is not easy to find, but if they appear in the field of vision, they will emit white light. Today, I will share with you a complete collection of raiders of "The Legend of Plague is Innocent", hoping to help you.

The 55 collections in this work are divided into four types: 13 plant specimens of Hugo, 11 gifts, 26 rare treasures and 5 alchemists’ wagons. At the same time, if you want platinum, you need to find these collections to unlock the relevant trophies.

The order and number of the collections in this strategy are the same as those in the [picture book] in the game, so you can check for leaks and fill in the gaps in order.

All the collections will glow with white light, so that everyone can find their location from a distance, and once they are picked up, the current progress will be saved. You can view the current collection progress and detailed information of the collected products in [Picture Book].

The only thing that is not marked in the Picture Book is the alchemist’s van. There are only five alchemist’s vans in this book. If you want to find them, you need to use the brightening agent (to create a powerful light source, which can destroy mice) to clean the mouse nest first. After successfully rescuing Lucas in Chapter 7, he will teach Amisia to make "Glazer", which is very expensive (sulfur ×3, saltpeter ×4, alcohol ×4, leather ×1), so make sure to store enough materials to be used in trucks first.

All collections (including [alchemist’s van]) will be automatically archived when they are picked up/entered (the icon of saving progress will be displayed on the interface). In other words, if you are killed later, you don’t need to pick them up again. And if you play the chapter again, you don’t need to complete the whole chapter, just pick up the collection you missed.

After you start the game, you can choose chapters. You can revisit the completed chapters to get the missing collections without worrying about missing anything.

Except Chapter 17/Postscript, all chapters contain at least one collection.

It is recommended that you finish the plot according to your preference when you are in Zhou Mu, and pick up the collections you meet on the road (you don’t need to look for them deliberately). After you finish a Zhou Mu, use 【 Chapter Selection 】 and refer to the raiders below to check for missing items.

Collection-related trophies:

① 【 Herbalist 】 found six flowers 【 Silver 】.

② [Gardener] found all the flowers [gold]

(3) 【 treasures hunter 】 found thirteen treasures 【 silver 】.

(4) 【 strange collectors 】 find all the treasures 【 gold 】.

⑤ [Sister] Find all the gifts [gold] for orphans.

⑥ 【 Resource Sharing 】 Rummaging through five alchemists’ vans 【 Copper 】.

Chapter 1-De Luen’s Legacy

Gift # 1: Near the stable. Soon after entering the manor, you can see a ladder that you can climb. You can find this collection by climbing it.

Treasure # 1: Go from the residence to the kitchen area in the back, and then climb the ladder to find it.

Treasure # 2: After going upstairs, it’s on the bed in the first room on the left.

For more related content, please pay attention to: Plague Legend: Innocent Zone

1905 movie network news Directed and directed by Bo Huang, the film starring Wang Baoqiang, Shu Qi, LAY, Yu Hewei and Wang Xun will be released nationwide on August 10th. Ten days before the release, the film The Island released a set of "Fable" posters. There are nine posters in the whole group, and everyone is in pairs, with different looks. The clothes, hairstyles and picture background all reflect the hard living environment on the island and the natural and simple lifestyle of people living on a desert island. At the top of each poster, there are two four-character idioms, which are profound and thought-provoking, and the complex relationship between characters is also beginning to take shape.

　

Bo Huang’s attempt to kiss Wang Baoqiang was rejected, and Yu Hewei Wang Xun was funny and funny.

It is reported that the film The Island tells an allegorical story about the employees of the company who were shipwrecked on a group trip and were forced to live together on a desert island, and faced a series of "human nature" problems. In the film, Bo Huang plays Ma Jin, a clerk at the bottom of the company, Wang Baoqiang plays Xiao Wang, a tour guide and driver, Shu Qi plays Shanshan, a beautiful and enchanting public lover, and LAY, Yu Hewei and Wang Xun respectively play Ma Jin’s cousin Xiaoxing, the boss Zhang Zonghe and the company’s middle-level director Pan.

In the poster, Wang Baoqiang stood on the reef in high spirits, showing his leadership style, while Bo Huang crouched down and peeped secretly. At the top of the poster, the sentence "There is an eagle on his head and a wolf at his feet" seems to imply that Wang Baoqiang was attacked from front and back, and his leadership position is about to be lost. Bo Huang and Yu Hewei are hiding in the jungle, and their expressions are mysterious. It is not clear that they are plotting something and who will be the beneficiary. After spying, Bo Huang tried to hug and kiss Wang Baoqiang, but Wang Baoqiang resisted. The word "friend or foe" in the poster showed that the two men belonged to different camps, and the secrets were curious. At the same time, Yu Hewei and Wang Xun, once top executives of the company, are now in rags and unkempt appearance. Wang Xun even wears only a big vest, while Yu Hewei doesn’t forget to drink with a goblet in such a situation. The phrase "Let go of self-esteem and stick to principles" may reflect their mood at the moment.

　

Bo Huang LAY started from scratch by fishing, and Huang Bo helped Shu Qi to shampoo and show his tenderness.

Two posters of Bo Huang and LAY vividly show the living conditions of people on a desert island, that is, "unarmed, starting from scratch", but the phrase "poverty makes perfect, and poverty can make up for it" seems to imply that Ma Jin and Xiaoxing, the bottom figures, will have a turn for the better on the island.

Unlike the mysterious posters between men, the two posters featuring Bo Huang and Shu Qi are much sweeter in style. Shu Qi wore a skirt cut with blue and white sheets and a garland. Even if she was on a desert island, she couldn’t cover her beauty, while Bo Huang smiled and compared her fingers to a photo frame, making no secret of the joy of being in close contact with her dream lover. In the warm candlelight, Bo Huang helps Shu Qi to wash and dress her long hair intently, and her eyes are full of tenderness. What kind of sparks will they have on this desert island?

　　CCTV News:Family protection is very important for the healthy growth of minors. The newly revised Law on the Protection of Minors clearly lists the guardianship duties that parents or other guardians of minors should perform and the behaviors that should not be implemented.

　　The newly revised Law on the Protection of Minors stipulates that parents or other guardians of minors should provide a safe family living environment for minors and promptly eliminate potential safety hazards that cause injuries such as electric shock, burns and falls; Take measures such as providing child safety seats and educating minors to abide by traffic rules to prevent minors from being injured by traffic accidents; Improve the awareness of outdoor safety protection and avoid accidents such as drowning and animal injury for minors.

　　In addition, the law has improved the entrusted care system in view of the lack of guardianship of rural left-behind children and other groups.

　　The newly revised Law on the Protection of Minors clarifies the national guardianship system, and stipulates that when the guardians of minors are unable to perform guardianship duties, the state shall assume guardianship duties.

　　Clarify the prevention, control and disposal mechanism of student bullying

　　In recent years, cases of bullying by students have occurred from time to time. The newly revised Law on the Protection of Minors defines bullying by students for the first time, which provides a legal basis for identifying bullying by students and clarifies the prevention and control mechanism of bullying by schools.

　　The newly revised Law on the Protection of Minors makes it clear that student bullying refers to the behavior that occurs among students, and one party intentionally or maliciously bullies and insults through physical means, language and the Internet, causing personal injury, property loss or mental damage to the other party.

　　The school shall immediately stop the bullying of students and notify the parents or other guardians of the bullying and bullied underage students to participate in the identification and handling of bullying; Give timely psychological counseling, education and guidance to relevant minor students; Give necessary family education guidance to the parents or other guardians of relevant minor students.

　　For underage students who commit bullying, schools should strengthen discipline according to the nature and degree of bullying. For serious bullying, the school shall not conceal it, but shall promptly report it to the public security organ and the administrative department of education, and cooperate with relevant departments to deal with it according to law.

　　Strengthening Network Protection to Prevent Minors from Internet Addiction

　　In view of the situation of minors’ internet addiction, cyber bullying, privacy and personal information disclosure, which is highly concerned by the society, the newly revised Law on the Protection of Minors has added a special chapter on network protection to further strengthen the responsibility of network service providers in preventing minors from internet addiction.

　　The newly revised Law on the Protection of Minors stipulates that network service providers such as online games, live webcasts, online audio and video, and online social networking should set up corresponding functions such as time management, authority management, and consumption management for minors to use their services.

　　The state establishes a unified e-authentication system for online games for minors. Online game service providers should require minors to register and log in online games with real identity information.

　　Can minors participate in the live webcast? The law clearly stipulates that a webcast service provider shall not provide a webcast publisher account registration service for minors under the age of 16; When providing online live broadcast publisher account registration service for minors who have reached the age of 16, their identity information should be authenticated and their parents or other guardians should agree.

　　In recent years, the frequent incidents of cyber bullying have aroused the concern of all walks of life, and cyber bullying has brought serious harm to minors’ body and mind.

　　The newly revised Law on the Protection of Minors stipulates that no organization or individual may insult, slander, threaten or maliciously damage the image of minors through the Internet in the form of words, pictures, audio and video.

　　Minors who suffer from cyber bullying, their parents or other guardians have the right to notify network service providers to take measures such as deleting, blocking and disconnecting links. After receiving the notice, the network service provider shall take necessary measures in time to stop cyber bullying and prevent the information from spreading.

1905 movie network news On July 15th, domestic films starring Yu Jiamiao, Yu Jiamiao, Yu Jiamiao, Yu Jiamiao, Yu Jiamiao, Yu Jiamiao, Yu Jiamiao, Yu Jiamiao, Yu Jiamiao, Yu Jiamiao, Yu Jiamiao, Yu Jiamiao, Yu Jiamiao, Yu Jiamiao, Yu Jiamiao, Yu Jiamiao, Yu Jiamiao and others released finalized posters and officially announced that the first part of the series will be shown in mainland cinemas on August 20th. As a series of realistic workplace films that strive for a breakthrough in theme and genre, Exclusive Headline began to be filmed in 2017. After four years of ups and downs, its first film, Exclusive Headline: Breaking the Edge, was finally able to meet the audience.

　

In the finalized poster released for the first time, the main tone of black and green attracted everyone’s attention at first sight; Subsequently, the huge camera lens in the picture suddenly introduced the theme of the film. The women in the lens and the concentric circles in the background symbolize the difficulties faced by entertainment media people in the process of pursuing the truth. The slogan of "In the spotlight, the truth is never absolute" directly leads to the torture of the film’s protagonists, which is also one of the themes discussed in this film.

The characters depicted on the lens circle all contain information related to the film — — "2021:8-20" marks the release date of the film, "0-∞mm" symbolizes the omnipresence and pervasiveness of the media at present, and the inverted "96mins" represents the duration of the film.

　

It is reported that as early as the script creation stage, the film was selected into the Shanghai Cultural Foundation’s Young Screenplay Support Program, and was shortlisted for the script competition unit of the 4th Silk Road International Film Festival, and won the Platinum Award for the script competition unit of the 2017 Nevada International Film Festival in the United States with its broad and profound thematic significance.

After filming, the film won many honors of international film festivals, including the Silver Award for Best Feature Film at Nevada International Film Festival, the Best Feature Film Unit at Tokyo Lift-off Film Festival, the Best Feature Film Unit at Anatolia International Film Festival in Turkey and the Best Feature Film Unit at RapidLion International Film Festival in South Africa.

　

The screenwriter and director of the film are young filmmakers who are famous for their genre innovation. It tells the story of a group of young entertainment media people who break through many obstacles and constantly pursue the truth behind entertainment hot news, and discusses the significance of the truth in the field of entertainment news and the responsibility of the media. As a realistic new workplace film with both suspense and social hot topics, the finalized poster released this round gives the audience a brand-new image, and a lot of details contained in the poster are also used to interpret the characteristics and information of the film.

　

The film "Exclusive Headline: Revealing the Edge" was produced by the Program Center of the Film Channel and Chongqing Shanbianfang Film and Television Culture Co., Ltd., and was jointly produced by Foshan Ruidong Culture Media Co., Ltd., Hubei Wanwei Investment Co., Ltd., Shanghai Vincent Zhou Film and Television Culture Studio, Shanghai Hongliang Film and Television Culture Co., Ltd. and Hangzhou Shore Film and Television Culture Co., Ltd. Huaxia Film Distribution Co., Ltd., Tianjin Youmeng Film Co., Ltd., Hemu Enze Culture Media (Beijing) Co., Ltd., Chongqing Shanna Film and Television Culture Co., Ltd., and Beijing Dayu Haitang Culture Media Co., Ltd. marketed the whole case.

It is understood that the second part of the series "Exclusive Headline: The Target of Public Criticism" has also been produced, and it is planned to be released one after another after the first part.

On April 24th, the production workshop and production line of Lifan Technology Company were in operation. Reporter Xie Zhiqiang photo/visual Chongqing

　　Core tips

　　Lifan Industrial (Group) Co., Ltd. (referred to as "Lifan Shares") is a representative enterprise of China automobile and motorcycle industry, and the first private passenger car enterprise listed on A-share. After the debt crisis of Lifan in 2019, the Chongqing Municipal Government took Liangjiang New Area as the main body, adhered to the principle of "rule of law and marketization", and promoted the judicial reorganization of Lifan and its ten wholly-owned subsidiaries through the judicial path of bankruptcy reorganization.

　　After the reorganization, Lifan Technology (Group) Co., Ltd. (referred to as "Lifan Technology") came into being and quickly flourished. According to the latest report of the first quarter of this year, the company’s main income, net profit returned to the mother and other indicators have achieved substantial growth year-on-year.

　　From the risk of bankruptcy liquidation and delisting, Lifan has realized "quenching new life" by unloading huge debts and developing positively. This case was rated as "Special Case of Optimizing Business Environment in Chongqing" and major reform case, and "Typical Case of Promoting High-quality Development of Private Economy" by the Supreme People’s Court, which was written into the Work Report of the Supreme People’s Court of the Fourth Session of the 13th National People’s Congress.

　　On May 19th, the machine roared at Ruilan Automobile Assembly Plant in Liangjiang New Area. Ruilan Automobile was incorporated in January this year, and was jointly funded by a subsidiary designated by Geely Automobile Holdings Co., Ltd. and Lifan Technology. Not long ago, more than 20 new models were tried out here.

　　"Every month, car sales are increasing, workers’ wages are rising, and everyone’s work enthusiasm is very high!" Zhao Xingze, a 47-year-old assembly plant employee, told the Chongqing Daily reporter.

　　The enthusiasm of the workers comes from the quarterly report of Lifan Technology-the company’s main income is 1.249 billion yuan, up 48.74% year-on-year; The net profit of returning to the mother was 50.849 million yuan, up 220.54% year-on-year; Deducted non-net profit was 42,624,800 yuan, up 187.83% year-on-year.

　　What twists and turns and difficulties has Lifan experienced from bankruptcy reorganization to turning losses into profits? What vital roles did the principles of rule of law and marketization play in promoting the nirvana and rebirth of this enterprise? What thinking and value did it bring?

　　With these questions, the reporter visited the Chongqing Bankruptcy Court, Liangjiang New District, the heads of Lifan technology enterprises and some employees, and reviewed the whole process of Lifan’s judicial reorganization.

　　Desperate for change

　　Judicial reorganization and introduction of strategic investors

　　Lifan, founded in 1997 and listed on the Shanghai Stock Exchange in 2010, is the first private passenger car enterprise in China to be listed on the A-share market.

　　Lifan and its ten wholly-owned subsidiaries have formed a multinational enterprise group that mainly produces and sells automobiles, motorcycles and engines. It has been selected as one of the top 500 Chinese enterprises for ten times, and its export volume has ranked first in Chongqing for many years.

　　However, due to the deep transformation of the automobile and motorcycle industries, as well as the comprehensive factors such as strategic investment losses and poor internal management, since 2017, enterprises have gradually fallen into a business and debt crisis, with huge financial debts defaulting, major assets being mortgaged and pledged, and the main business is basically at a standstill. Lifan shares and ten wholly-owned subsidiaries are insolvent.

　　"Use lifelessness to describe the situation at that time." Referring to the situation of Lifan in the first two years, Zhong Xian, director of Lifan Technology, said with a sigh that at that time, Lifan shares were facing huge debts. With the stagnation of the main automobile industry, the motorcycle machine plate was "unable to support itself", which led to the tight cash flow of Lifan shares and gradually fell into a vicious circle of "financing at high interest rates and quenching thirst by drinking poison".

　　"Not only that, the internal management of Lifan shares is chaotic, the management personnel are jumbled, the rights and responsibilities are unclear, the approval process is lengthy and the implementation is slow." Zhong Xian said frankly that Lifan is facing a very serious problem, involving the employment of more than 6,000 people, more than 1,200 judicial cases accumulated by more than 1,000 enterprises in the upstream and downstream of the industrial chain.

　　"In the past few years, the company has been in a semi-discontinued state. Our main job every day is training and cleaning." Zhao Xingze has been rooted in Lifan for more than 12 years. He recalled that when he heard the news that Lifan was going bankrupt and looked at the semi-discontinued workshop, many young people chose to find another way out. The original assembly plant of 500 to 600 people left less than 100 people.

　　"This is not only related to the employment of more than 6,000 employees, but also may lead to secondary risks of supply chain enterprises in the industrial chain and spillover financial risks of financial institutions." Zhu Jun, the person in charge of the "Manjianghong" project in Liangjiang New Area and the general manager of Liangjiang Industry Group, said that in order to promote Lifan on the verge of bankruptcy, the municipal party committee and the municipal government immediately set up a "special class for restructuring Lifan Holding Company" with the city leaders as the team leader and deputy team leader. Liangjiang New Area transferred 20 backbones from investment, law, finance and taxation, industry and other fields to set up a "Manjianghong" project special class to tackle the problem full-time at the urban level.

　　"Lifan has a huge enterprise system, involving listing, finance, overseas and other subjects. How to reorganize it has become the primary issue." Zhu Jun recalled that the working class found the "cause" through a comprehensive analysis of Lifan’s assets and liabilities-the main automobile industry was stagnant, and external blood transfusion and simple debt restructuring were useless.

　　After repeated argumentation and comparing the feasibility of agreement reorganization and judicial reorganization, finally, the reorganization class decided to realize industrial transformation and upgrading through judicial reorganization and introducing strategic investors in accordance with the principle of "rule of law and marketization" to completely solve the problem of Lifan shares.

　　Industrial restructuring

　　The tortuous road of "inducing war"

　　After investigation, Liangjiang New Area and intermediary agencies found that it was more difficult for Lifan to introduce strategic investors than expected.

　　The special work class of "Manjianghong" project in Liangjiang New Area has intensively docked more than ten large domestic automobile enterprises. However, at that time, the domestic automobile industry was at a low point in the industry, and many institutions made it clear that they had no intention or ability to participate in the Lifan project.

　　Lifan’s road to "leading the war" is deadlocked.

　　Through in-depth research, the Chongqing Municipal Party Committee and the Municipal Government clearly focused on introducing Geely, a self-owned brand car company that grew against the trend that year.

　　"In late September 2019, we held repeated consultations with Geely Group for six times: on the one hand, we invited senior management of Geely Group to visit Chongqing, communicated face to face with city leaders, real controllers of Lifan and creditors’ representatives, and conducted field research on Lifan to understand the real situation of the enterprise; City leaders have repeatedly visited Hangzhou to sincerely’ lead the war’, fully expressing Chongqing’s confidence and determination to support Lifan’s transformation and restructuring. " Zhu Jun introduced that in the end, the two sides reached a feasible bankruptcy reorganization and "war-inducing" scheme. On December 27th of that year, Liangjiang New Area and strategic investor Geely Technology successfully signed a "war-inducing" agreement.

　　Break the predicament

　　102 days to complete judicial reorganization

　　The participation of strategic investors enhanced the confidence of creditors, and Lifan began to enter the stage of judicial reorganization.

　　In fact, Lifan’s corporate restructuring process is tortuous and complicated, and it has encountered a lot of unprecedented problems, creating a number of "firsts" in innovative cracking, such as the first comprehensive use of all existing bankruptcy restructuring models in judicial practice.

　　"Lifan Co., Ltd. and its ten wholly-owned subsidiaries involve many debtor enterprises, and there are many difficulties in the trial of the reorganization case." Wu Hong, President of Chongqing Bankruptcy Court, introduced.

　　However, it only took 102 days from entering the judicial reorganization to the final crisis relief, which was more than 60% shorter than that of similar cases.

　　"We coordinated and promoted, and creatively proposed to make overall use of the share certificates transferred by the investors of listed companies to introduce strategic investors and pay off the debts of listed companies and ten subsidiaries as a whole, and comprehensively resolve the risks of enterprise groups." Wu Hong said.

　　He introduced that in order to give full play to the decisive role of the market in resource allocation, Chongqing innovation adopted the "financial investor+industrial investor" model.

　　Liangjiang Fund Company, a state-owned strategic investment platform in Liangjiang New Area, and Geely Group, a leading private automobile enterprise in China, participated in the reorganization in the form of a consortium. Financial investors introduced funds, and industrial investors introduced new businesses and technologies to jointly build an electric vehicle industry with new energy for electricity exchange, realize industrial transformation and upgrading, and form a dual "driving force" to promote enterprise rebirth.

　　"State-owned platform companies and private enterprises jointly take the lead in setting up investment funds to introduce social capital to participate in enterprise restructuring, give financial support for enterprise development, and make full use of market-oriented means to save enterprises." Wu Hong said, in addition, make full use of the linkage mechanism of "government and hospital" in enterprise bankruptcy disposal, establish a cross-line, cross-departmental and cross-regional coordination system, coordinate and reorganize all matters, effectively promote the integration of reorganization work, and help the effective market and the promising government to better integrate through judicial reorganization.

　　Nirvana rebirth

　　Bankruptcy and delisting crisis finally lifted.

　　After the draft reorganization plan is released, what remains is how to get most creditors to agree to this plan.

　　"What is particularly memorable is that before voting on the draft reorganization plan, in order to ensure that as many as 22 independent voting procedures were all passed, we decided to start with two key dimensions: the amount of creditor’s rights and the number of creditors." Deng Ling, director of the Judicial Bureau of Liangjiang New Area, said that on the one hand, 87 key creditors with a total amount of over 80% were screened out, and one-on-one communication plans were drawn up in different categories and levels, and they went to all parts of the country to visit or video communicate one by one; On the other hand, for the remaining 2,600 small or operating creditors, carpet communication and explanation were carried out at the pace of more than 600 creditors per day, and finally the creditors voted with high votes, which not only avoided the approval of judicial compulsory ruling, but also created favorable conditions for subsequent creditors to cooperate with the implementation of the reorganization plan.

　　In the end, Lifan has 12 reorganization plans in the listed and unlisted sectors, and a total of 22 voting procedures have been passed by high votes, with an average passing rate of 92.14%, of which the voting rate of the investor group is 100%.

　　It is worth mentioning that in August 2020, the Chongqing Bankruptcy Court officially ruled that Lifan was reorganized. Lifan shares must decide to approve the reorganization plan and basically implement it before the end of 2020, so as to avoid the risk of delisting, which requires high reorganization time.

　　"Therefore, during the trial of the case, the Chongqing Bankruptcy Court made specific arrangements for important time nodes by combining the legal time limit with the time to complete the task, and all the work was promoted efficiently and orderly." Wu Hong said.

　　On November 30, 2020, Chongqing Bankruptcy Court ruled to approve the reorganization plans of Lifan and its ten wholly-owned subsidiaries respectively. Immediately, Lifan enterprises carried out a package of legalization and market-oriented judicial reorganization.

　　On February 8, 2021, Chongqing Bankruptcy Court ruled that the reorganization plan was completed and the reorganization procedure was terminated, which was 110 days earlier than the six-month execution period stipulated in the reorganization plan, thus avoiding the risk of delisting of listed companies.

　　On April 26 of the same year, Lifan shares "picked the stars and removed the hats" and changed its name to Lifan Technology.

　　At this point, the bankruptcy and delisting crisis of Lifan enterprises has finally been lifted.

　　Li Shufu, chairman of Geely Holding Group, also recognized the judicial reorganization of Lifan. He said: "Chongqing has a good business environment and a good investment environment. Lifan itself is a well-known and influential enterprise in the industry, so no matter from its brand value or the foundation it has formed over the years, we think Lifan is worth reorganizing. "

　　Revive one’s vitality

　　Safeguard the interests of all parties and achieve win-win situation.

　　Dismantling the "bomb" attracts the "golden egg". After judicial reorganization, Lifan’s fundamentals have been completely changed, and its governance system has been completely reconstructed-Chongqing Manjianghong Equity Investment Fund Partnership (Limited Partnership) holds 29.99% of the company’s equity and becomes the largest shareholder; Geely Technology Group Co., Ltd. holds 20% equity of the company through Chongqing Jianghehui Enterprise Management Co., Ltd. and becomes the second largest shareholder.

　　"We have reorganized from Lifan to form a comprehensive strategic cooperation with Geely, and through joint efforts, Geely has made Chongqing an important fulcrum for the strategic layout of the western region." Zhu Jun introduced.

　　First, promote the polar star high-end new energy base to settle in Liangjiang New District. The total investment of this project is 7 billion yuan, and the price of bicycles produced is expected to reach more than 600,000 yuan, which will be the passenger car with the highest price of bicycles produced in Chongqing.

　　The second is to introduce the headquarters of Geely Industrial Internet-Wide Area Mingdao. The company has been selected as a national-level dual-span industrial Internet platform enterprise and a national-level characteristic professional industrial Internet platform pilot demonstration project;

　　The third is to introduce the Danish Shengbao Financial Technology Headquarters, a financial technology company acquired by Geely Holding in Denmark, and introduce saxo’s advanced algorithms, models, infrastructure and other core technologies into China.

　　"In the next step, we will also plan to promote the landing of projects such as’ Happy Millions’ and form a new ecological cluster of Geely Holding Group." Zhu Jun said.

　　"Geely, as a new industrial investor, not only injects funds into Lifan Technology, but also injects other major development factors." Zhong Xian introduced that the reorganization of Lifan Technology produced a new board of directors, with Xu Zhihao, CEO of Geely Technology Group, as the chairman, and the daily operation was led by Geely Technology, and quickly introduced the first new battery replacement model of Geely-Maple Leaf 80V. According to statistics, as of April this year, this model has produced more than 5,400 units.

　　At the same time, 15 technologies of the vehicle production line have been upgraded, and the advanced quality control system and product development process of Geely Science and Technology Group have been introduced, which has restored the vehicle production capacity and revived the enterprise.

　　In terms of operation and management, Lifan Technology has re-divided its business into automobile sector and Motong sector, and all industrial sectors have coordinated management as a whole, with matching capital resources in place. Moreover, the organizational structure of the enterprise has been adjusted and optimized, and the flat management has been realized by setting posts and staffing, optimizing the allocation of personnel and posts, and stabilizing the workforce.

　　"The most important thing is that based on these changes, the overall atmosphere of Lifan Technology is no longer lifeless, but vibrant and positive." Zhong Xian said.

　　The data shows that after the judicial reorganization, Lifan’s debts have been solved, all employees’ creditor’s rights have been paid off, and creditors’ rights and interests have been guaranteed; Resolved the secondary risks of more than a thousand industrial chain and supply chain enterprises and the spillover risks of more than 70 financial institutions; It has stabilized the employment of more than 5,700 on-the-job employees, safeguarded the interests of all parties, and achieved a win-win situation.

　　In the eyes of front-line employee Zhao Xingze and his colleagues, there is work every day, wages are rising gradually, and subsidies are increasing, which means that the enterprise is alive and hopeful!

　　"A few years ago, we worked in the assembly line for no more than 10 days a month." Zhao Xingze said that everyone has been working overtime recently, just to get the new models that have been tried out into mass production as soon as possible.

　　"As an old employee, I have witnessed the glory and trough of Lifan, and I hope to witness Lifan’s further glory in the future!" Zhao Xingze said.

　　Expert opinion > > >

　　Xu Yangguang, Professor and Doctoral Supervisor of Law School of Renmin University of China:

　　Achieve a high degree of unity of political, legal and social effects.

　　At present, in the face of the new situation of increasing downward pressure on the economy, how to prevent financial risks, support the development of enterprises, promote bankruptcy and reorganization, and create a good legal environment has been a problem that local governments and judicial departments have been thinking about.

　　Lifan’s judicial reorganization case is the first judicial reorganization case of a listed company in the automobile and motorcycle industry in China. Its successful reorganization is precisely a set of "methodology" for the transformation of large enterprises from difficulties formed in Chongqing.

　　On the one hand, in order to prevent the occurrence of regional financial risks, the financial debt crisis of Lifan enterprises was comprehensively resolved by disposing and reorganizing non-essential assets, paying off debts by installments, and transferring shares to pay off debts, which effectively realized the "soft landing" of regional financial risks. At the same time, according to the target requirements of "six stabilities" and "six guarantees", the reorganization procedure effectively resettled the employees of the original enterprises, maintained the production and operation of more than 1,000 enterprises in the upstream and downstream industrial chains, and avoided a series of social risks, thus maximizing the interests of creditors, debtors, investors and other parties, achieving a high degree of unity of political, legal and social effects, and providing a sample for the orderly development of China’s capital market.

　　On the other hand, the automobile manufacturing industry is one of the pillar industries in Chongqing, and it is now in a critical period of transformation and upgrading. Through judicial reorganization, the management and debt crisis of Lifan and its ten wholly-owned subsidiaries were completely resolved, and the turnaround was fully realized. At the same time, through judicial reorganization, industrial investors with leading position in the industry are introduced to build a new ecology of intelligent new energy automobile industry, which provides a powerful judicial service and guarantee for helping Chongqing automobile manufacturing industry to transform and upgrade and promote high-quality economic development.

　　Our reporter Huang Qiao

On June 18th, some netizens commented in the comment area of Xiaomi co-founder and deputy director @ Lin Bin _Bin, "Bin can’t convince Mr. Lei, and the price of Xiaomi YU7 is 25.59 (ten thousand)." Lin Bin replied, "No". ?

As you can see, when netizens suggested that YU7 should be priced at 255,900 yuan, Lin Bin directly denied it as "no", indicating that Xiaomi has a clear bottom line for pricing.

At the press conference on the evening of May 22nd, Lei Jun compared the parameters of Xiaomi YU7 and Model Y one by one. Regarding the price of Xiaomi YU7, Lei Jun revealed: "Model Y is priced at 263,500 yuan, and I think YU7 looks at these configurations at least 60,000 to 70,000 yuan. Many people on the Internet say that we have to set 199,000 yuan, which is impossible. This configuration is priced at Model Y without more than 300,000 yuan. "

　　[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.