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Civilization is an important symbol of social progress and national development. Among the socialist core values, "civilization" embodies the orientation of advanced socialist culture and the value pursuit of socialist spiritual civilization. To carry forward and practice the concept of socialist civilization, we must consciously follow the laws of cultural construction, not only absorb the beneficial elements of all civilization achievements at all times and at all times, but also base ourselves on Socialism with Chinese characteristics’s great practice, so that cultural construction can keep pace with the progress of the times and the development of practice.

(A) Civilization is the spiritual power and cultural embodiment of social progress.

In the history of human development, civilization, as a kind of value pursuit, plays a very important role in guiding the practical activities of social subjects. The pursuit of civilization by social subjects can improve personal accomplishment, optimize social order and promote national development. Generally speaking, the history of human society is a history of human civilization.

1. Civilization is an important embodiment of personal accomplishment.

In eastern and western cultures, the etymological meaning of the word "civilization" is closely related to the cultural and moral qualities of social individuals. The word "civilization" in English comes from the Latin word "civis", which means the urban citizenship of Rome, which means that it is superior to the living conditions of non-urban people, and then it is extended to an advanced social and cultural development state.

The word "civilization" in Chinese originated from Zhouyi. "Gan" hexagram: "See the dragon in the field, the world is civilized", which means "bright". In other classics, the word civilization means more about people’s education and civilization. Shun Dian in Shangshu praised Shun: "Being civilized in philosophy, being courteous and accommodating." Kong Yingda, a native of the Tang Dynasty, commented: "The text is spoken in the sky and latitude, and the light is bright in all directions", which means that Xiu De, the king, is simple in folk customs. "Book of Rites" said: "It is because of deep affection and civilization, exuberance and deification, harmony and prosperity, and prosperity." The civilization here is the result of personal inner virtue and cultural accomplishment, which not only makes people radiant, but also makes others feel like spring breeze. It is under the enlightenment of civilization that the Chinese nation has not only prospered its material civilization in the long-term historical development, but also won the reputation of a country of etiquette.

2. Civilization is the spiritual power and cultural embodiment of national development.

Civilization is not only the symbol of social individual cultural accomplishment, but also the goal and motive force of national development. In the view of historical materialism, civilization is a general description of the development state of a country, and civilization is the sum of material wealth and spiritual wealth created by a country. The emergence of civilization is closely related to the development of productive forces: "The era of civilization is the period of learning to further process natural products and the period of real industry and art". [Selected Works of Marx and Engels, Volume 4, People’s Publishing House, 1995, p. 24. The contradictory movement of productive forces and relations of production promotes the development and change of civilization: "Through the movement of private property and its wealth and poverty-or material and spiritual wealth and poverty-the emerging society finds all the materials needed for this formation". [Marx: Economic and Philosophical Manuscripts in 1844, People’s Publishing House, 2000, p. 88. ]

Nowadays, culture plays an increasingly important role in the competition of comprehensive national strength, and civilization has become the soul and spiritual motive force of national development. In contemporary international competition, whoever occupies the commanding heights of cultural development will be able to take the initiative in international competition. Since the reform and opening up, China’s socialist modernization has made remarkable achievements, and socialist civilization has also made great progress. However, it is undeniable that there are still many problems in the construction of culture and spiritual civilization compared with the achievements made in the construction of material civilization. The history of human civilization and progress fully shows that "without the active guidance of advanced culture, the great enrichment of people’s spiritual world and the full play of the creative spirit of the whole nation, a country or a nation cannot stand among the advanced nations in the world." [Selected Works of Important Documents since the 16th National Congress (Part II), Central Literature Publishing House, 2008, p. 752. ]

3. Civilization is the constant value pursuit of the Communist Party of China (CPC) people.

Building a civilized country is the Communist Party of China (CPC)’s constant value pursuit. During the revolutionary war years, building a civilized country was one of the goals of communist party’s revolution. Mao Zedong pointed out that we "should not only turn a politically oppressed and economically exploited China into a politically free and economically prosperous China, but also turn an ignorant and backward China ruled by the old culture into an advanced China ruled by the new culture." [Selected Works of Mao Zedong, Volume 2, People’s Publishing House, 1991), p. 663. ]

In the new era of socialist construction and reform and opening-up, our party has repeatedly stressed that we should not only build a highly developed material civilization, but also build a highly developed spiritual civilization. Both of them are important contents of socialist construction, which support each other and cannot be neglected. "The superiority of socialism is not only manifested in the economic and political aspects, but also in the ability to create a high degree of material civilization, and in the ideological and cultural aspects, and in the ability to create a high degree of spiritual civilization. Poverty is not socialism; Empty spiritual life and corrupt social atmosphere are not socialism. ….. We must fully realize that the construction of two civilizations cannot be socialism with China characteristics without the development of any aspect. " [Selected Documents on the Construction of Socialist Spiritual Civilization, Central Literature Publishing House, 1996), pp. 473-474. ]

In the new century and new period, our party has raised socialist civilization to the height of the soul of rejuvenating the country. The Supreme Leader pointed out that if the Communist Party of China (CPC) people want to lead the people of China to realize the Chinese dream of national rejuvenation, they must carry forward the spirit of China which embodies the essence of the socialist core value system. "To realize the Chinese Dream, we must carry forward the spirit of China. This is the national spirit with patriotism as the core and the spirit of the times with reform and innovation as the core. This spirit is the soul of rejuvenating the country and the soul of a strong country. "

(2) Socialist civilization is by far the most advanced form of civilization.

In the course of the development of human civilization, there are many definitions of the word civilization. Simply speaking, people’s understanding of the word civilization can be roughly summed up in two levels: broad sense and narrow sense. Civilization in a broad sense is the sum of the material and spiritual achievements of human beings in transforming the world; In a narrow sense, civilization mainly refers to spiritual civilization, especially ideological progress and cultural advancement.

1. Civilization is both an objective descriptive concept and a historical value concept.

Civilization is not only a descriptive concept that objectively describes the social development, but also a value concept that evaluates whether the social development is reasonable. When civilization is an objective descriptive concept, it has something in common with culture. Culture is a neutral word, "culture is humanization", and all human practical activities and their products can be called culture. The accumulation of culture constitutes civilization. The civilization here is equivalent to the generalized civilization we analyzed earlier, and it is the sum of the material and spiritual achievements of human beings in transforming the world. It is horizontally developed into five systems: material civilization, political civilization, spiritual civilization, social civilization and ecological civilization. These five systems grasp the complete form of social civilization, and each of them describes the development of human society from its own specific aspects.

When civilization is a concept of value, it is equivalent to the narrow sense of civilization we analyzed earlier, that is, ideological progress and cultural advancement corresponding to ideological conservatism and cultural backwardness. Historical materialism tells us that man, as a historical social existence, has complex and diverse subjective evaluation scales. Among them, only those values that conform to the historical development trend, promote social progress and promote people’s freedom and liberation are reasonable and advanced. From the perspective of the development of human civilization history, we can vertically divide civilization forms such as slavery civilization, feudalism civilization, capitalism civilization and socialism civilization according to social forms. These civilization forms have a progressive replacement relationship at different levels. Historically, the latter is a higher civilization form than the former, which in turn constitutes various historical stages of human civilization progress.

2. Socialist civilization is by far the most advanced form of civilization.

Marxism believes that with the continuous development of social productive forces, human civilization has been developing from low level to high level, and socialist civilization is the most advanced civilization form in the development of human society so far. The reason why socialist civilization is more advanced than previous social civilization is that it is based on the economic and political basis of public ownership and people being masters of their own affairs. Before the emergence of socialist civilization, several other types of civilization were "civilizations" based on the private ownership of the means of production and the class rule of the minority over the majority. These civilizations are nominal, and Engels even called these so-called civilized times the prehistoric times of mankind. Engels pointed out that only when private ownership was eliminated and the socialist system was established, the "struggle for existence" between people stopped, so talents finally broke away from the animal kingdom in a certain sense and entered the living conditions of real people from the living conditions of animals. ….. People have become conscious and real masters of nature for the first time, because they have become masters of their own social combination. " Only from then on, the prelude to the history of true people was opened. "People fully consciously created their own history", "This is a leap from the realm of necessity to the realm of freedom." [Selected Works of Marx and Engels, Volume 4, People’s Publishing House, 1995), pp. 758-759. Thus, human civilization has developed to a brand-new historical stage, and socialist civilization has opened up a broad development prospect of "real human" civilization.

In addition, socialist civilization serves the overwhelming majority of working people and takes the ultimate realization of people’s free and all-round development as its highest value goal. In various civilizations before the emergence of socialist civilization, the broad masses of workers who created social civilization not only failed to fully enjoy the fruits of civilization, but were increasingly "instrumentalized", and people eventually became "one-sided". Socialist civilization is not the case. The liberation and all-round development of human beings have always been the theme and goal of the development of socialist civilization. In the development chain from socialism to communism, socialist civilization will prepare the conditions and provide the foundation for the future advanced stage of communism of "everyone’s free and all-round development". At the same time, it is only in socialist civilization that the broadest working people truly become the clients for the first time. Lenin clearly pointed out that socialist civilization should "serve the millions of working people in Qian Qian, the essence of these countries, the strength of the country and the future of the country". [Selected Works of Lenin, Volume 1, People’s Publishing House, 1995), p. 666. When talking about the service objects of socialist literature and art, Mao Zedong also pointed out: "History is created by the people, but on the stage of the old drama, the people have become scum, and the stage is dominated by the ladies and gentlemen. This kind of historical inversion is now reversed by you and restored to the face of history." [Selected Letters of Mao Zedong, Central Literature Publishing House, 2003), p. 199. ]

(C) actively cultivate and practice the values of socialist civilization

As a new civilization in the history of human civilization development, socialist civilization is an important part of socialist core values. To cultivate and practice the values of socialist civilization, we should not only consciously follow the laws of socialist cultural construction, but also combine cultural construction with various constructions in Socialism with Chinese characteristics, so that socialist civilization can keep pace with the progress of the times and the development of practice.

1. Follow the law of cultural development and organically combine the inheritance and development of the excellent cultural traditions of the Chinese nation with the reference to all positive achievements of human civilization.

Socialist civilization is the inevitable result of the development of human civilization. The reason why socialist civilization is the most advanced civilization so far lies in that it inherits all the positive achievements of previous human civilization forms and carries them forward on a brand-new basis. For China, a country with a long civilization tradition of thousands of years, to cultivate and practice the socialist civilization concept, we must first inherit and carry forward the excellent cultural tradition of the Chinese nation. We must take a clear-cut stand against arguments such as "history is empty" and "total westernization". "China culture should have its own form, and this is the national form." We must inherit all the outstanding national cultural heritage from Confucius to Sun Yat-sen.. Of course, inheriting and carrying forward the excellent national cultural traditions is not arrogance and complacency. On the contrary, with an open mind, we should "extensively absorb foreign progressive cultures as raw materials for our own culture". "Everything we need today should be absorbed." The new socialist culture is not an old culture of "seclusion in the valley", but an open and innovative national new culture based on extensive absorption of advanced foreign cultural resources. [Selected Works of Mao Zedong, Volume 2, People’s Publishing House, 1991), pp. 706-707. ]

2. Combine the construction of spiritual civilization with the construction of Socialism with Chinese characteristics.

Historical materialism holds that the productive forces determine the relations of production and the economic base determines the superstructure. "The mode of production of material life restricts the whole process of social life, political life and spiritual life." [Selected Works of Marx and Engels, Volume 2, People’s Publishing House, 1995, p. 32. Material production is the basic condition of all historical development. The construction of socialist spiritual civilization must be based on the construction of socialist material civilization and adapt to it. In other words, to cultivate and practice the concept of socialist civilization, we must integrate into the grand system of socialist material civilization, political civilization, social civilization and ecological civilization, which is the inherent requirement of the development of socialist civilization. In this regard, Mao Zedong profoundly pointed out that "a certain form of politics and economy first determines that certain form of culture; Then, that certain form of culture will influence and act on a certain form of politics and economy. ….. The new culture of the Chinese nation that we want to build cannot be separated from the new politics and economy of the Chinese nation. " [Selected Works of Mao Zedong, Volume 2, People’s Publishing House, 1991), p. 664. ]

3. Adhere to people-oriented, based on improving citizens’ civilized quality and promoting everyone’s free and all-round development.

The people are the creators of history and social civilization. The reason why socialist civilization is the most advanced civilization form of mankind so far lies in that it serves the overwhelming majority of working people and takes the ultimate realization of people’s free and all-round development as the highest value goal. To cultivate and practice the concept of socialist civilization, we must put people first and respect the people’s dominant position. Of course, the internal and external conditions of each social individual are different, and people’s civilization concept and value scale will also be different. Among them, there are some reasonable differences in diversity, which we should respect; Some of them belong to differences in literacy and boundaries, for which we should persist in encouraging the advanced and spur the backward. In addition, we should use the socialist concept of civilization to guide the production and creation of spiritual and cultural products, use more spiritual and cultural products that embody the socialist concept of civilization to influence and shape the spiritual world and values of the broad masses of people, and give play to the guiding role of socialist core values.

????????"People’s Republic of China (PRC) Labor Contract Law (Draft)" has been published to the public for comments since March 20, 2006, which has aroused strong repercussions in the society. People from all over the country actively put forward their opinions through the Internet, newspapers and other media. As of 8: 00 a.m. on April 6, 2006, the Legislative Affairs Commission of the National People’s Congress Standing Committee (NPCSC) had received 37,560 opinions from local people, including 32,791 opinions from March 28 to April 6. The main opinions put forward from March 28th to April 6th are summarized as follows:

????????First, the general view
????????Many people believe that it is an important measure for democratic and scientific legislation to openly solicit opinions from the whole society, which is commendable.
????????Most people think that the draft is scientific in terms of structural arrangement and content setting, which is based on reality and long-term. It is a law that really cares about the disadvantaged groups and protects the interests of the workers, and it is the patron saint of the disadvantaged groups. It is hoped that the draft will be formally promulgated before the May 1 ST holiday after making corresponding amendments, so as to protect the rights and interests of workers.
????????Some people think that the draft not only regulates the rights and obligations of the parties in the labor contract relationship, but also stipulates the supervision and inspection responsibilities of the government, which is of great practical significance.
????????Some people think that the legislative thinking of the draft is inclined to protect workers, but it does not take into account the stratification of workers. Therefore, the specific provisions of the draft are not inclined to the bottom workers, but to the top workers, making the draft a "protection law for aristocratic workers." At present, some provisions of the draft deviate from the reality in China. It is suggested that the draft should change from the idea of "high standards" to the idea of "wide coverage", expand the scope of application of the draft, and effectively protect the workers at the bottom.
????????Some people think that some concepts in the draft are too broad and many provisions are beneficial to workers, but they are too general and not easy to operate, which will inevitably lead to disputes in practice.
????????Some people think that there are many types of employers, but the draft only defines employers as large and medium-sized state-owned enterprises when designing the provisions, without fully considering the actual situation of private small and medium-sized enterprises. A large number of small private enterprises rely on meager profits to maintain normal business activities and contribute to alleviating the pressure of labor and employment. If it is fully implemented according to the existing contents of the draft, such as paying corresponding economic compensation when the contract is terminated, many small and medium-sized private enterprises are likely to face bankruptcy and bankruptcy.
????????Some people think that the construction of harmonious labor relations can not be achieved only by means of supervision and punishment, and it is unrealistic for a group that has been "specially rectified" by law to actively participate in the construction of harmonious labor relations. It is also difficult for a group of workers who can realize their rights and interests by reporting, applying for arbitration and litigation to feel harmonious. The draft proposal should not only focus on rectification, but also think more about the responsibility of the government and consider how to establish a mechanism to encourage employers and workers to participate in the construction of harmonious labor relations. For example, the government can publicize the basic standards of labor contracts for employers free of charge through public websites, and workers can inquire for free, which will solve the problem of information asymmetry and help form healthy competition.

????????Second, about the legislative purpose
????????There is a heated discussion on the legislative purpose of the labor contract law, and there are obvious differences of opinion. Most people agree that the first article of the draft clearly protects the legitimate rights and interests of workers, and that the legislative value of the Labor Contract Law, as a law regulating labor relations, lies in the pursuit of the balance between employers and employees. In practice, because employers are too strong and workers are too weak, if the draft gives equal protection to employers and workers, it will inevitably lead to an unbalanced relationship between employers and employees and deviate from the proper value orientation of the labor contract law.
????????Others are opposed and think that any law should be fair. Not all workers are weak, and some high-quality workers urgently needed by society are in a strong position in labor relations; Workers are not weak at all times, and they are not weak when they strive to be greater than their contributions. Employers are not destroyers of socialism, but are making contributions to society just like workers. Employers need to stand the test of market economy. Therefore, the legitimate rights and interests of employers also need to be protected in the labor contract law. It is suggested that the legislative purpose of the draft should be revised to protect the legitimate rights and interests of both parties to the labor contract.
????????Some people think that the draft should protect the legitimate rights and interests of both workers and employers in order to promote the formation of harmonious labor relations. In view of the weak position of workers, they can be appropriately inclined to workers in specific provisions, but this does not affect the legislative purpose of the draft is to protect the legitimate rights and interests of both parties to the labor contract.

????????Third, about the legislative basis
????????Most people think that the labor law is biased towards workers. It has been promulgated for more than ten years, and practice has proved that it can safeguard the legitimate rights and interests of workers. The draft should be based on the labor law and protect workers with confidence.
????????Some people think that the labor law was enacted in 1994 when the people’s status as masters fell to a historical low, so the labor law ignores the status and role of the workers and staff of state-owned enterprises as the pillar of the national economy. In order to reflect the characteristics of the new period, it is suggested that the labor law should be greatly revised. The draft should be based not on the labor law but directly on the constitution.
????????Some people think that the draft is based on the labor law, but from the content point of view, there are many breakthroughs in different degrees compared with the labor law, so it is suggested to solve the connection problem between the draft and the labor law.

????????IV. Definition of labor relations
????????Article 3 of the draft stipulates that the term "labor relations" as mentioned in this law refers to the rights and obligations arising from the employer’s employing laborers as its members and the laborers providing paid labor under the management of the employer. Some people think that the concept of labor relations is the basis of the draft, and it is suggested to define it carefully. At present, the definition of labor relations in the draft is too broad and principled, which has little effect on guiding practical work and solving the dispute between employers and workers, and causes other ambiguities, and it is suggested to amend it.
????????Some people think that whether it constitutes a labor relationship cannot be judged by "being a member". In the current market economy, there are more and more occupations that are not members of the employer, such as migrant workers, seasonal workers, entertainers, and employees outside the organization. Some workers may have worked for the employer for many years, but they are still not members of the employer. Taking "being a member" as the criterion to judge whether it is a labor relationship is in contradiction with some provisions in the draft, such as the labor relationship in a labor contract with the completion of a certain job as the deadline, and the establishment of labor relations between foreign enterprises and workers in China.
????????Some suggest that neither "being a member" nor "managing the unit" can be the constitutive requirements of labor relations. If the employer fails to confirm "being a member" or hides or destroys the evidence of "being a member" and "managing the unit", or the laborer cannot provide these evidence, the court may decide that labor relations do not exist.
????????Some suggest that "providing paid labor" cannot be an essential element of labor relations. Some volunteers carry out voluntary activities, and some even volunteer to work for several years. Although volunteers do not need to be paid for their work, they have formed a labor relationship with employers, and their labor protection, insurance and other rights and interests need to be protected. Some college graduates are willing to engage in "zero-wage" jobs, and other labor rights and interests of unpaid workers need to be protected, and they certainly form labor relations with employers.
????????Some people think that the definition of labor relations in the draft is vague, and it is impossible to distinguish between labor relations and civil relations such as employment relations, labour relation and processing contracts. It is suggested that the distinguishing criterion should be whether the labor post can be separated from the production and operation business process of the employer. If the labor post cannot be separated from the production and operation business process of the employer, it constitutes a labor relationship.

????????V. On the Collective Contract
????????Many people agree that it is not enough to mention the collective contract in the draft, and the collective contract should be specially and centrally stipulated. Some people think that a collective contract is a contract concluded as all employees, and the corresponding party of all employees is the investor. Therefore, a collective contract is a general agreement and agreement on the rights, responsibilities and obligations of employees and employers. Collective contract and labor contract are inextricably linked. In some places, collective contract has become an effective mechanism to adjust labor relations, so collective contract should be the soul of labor contract law.
????????Some pointed out that the practice in many countries proved that the collective contract is an effective measure to improve the status of workers in labor relations, and it is also the cornerstone to stabilize labor relations. China’s labor law stipulates the collective contract, but the corresponding provisions are not operable and exist in name only. In practice, as a weak party, workers can’t form a joint force by means of collective contracts, so they don’t have the status of equal consultation with employers. The absence of collective contract has become one of the reasons that hinder the formation of harmonious labor relations. It is suggested that the draft set up a special chapter to promote and standardize collective contracts.
????????Some people think that making a special chapter on the collective contract system in the draft is conducive to the coordination between the labor contract and the collective contract system, to clearly define and standardize the collective contract, to highlight the uniqueness and importance of the collective contract system, to promote the establishment and improvement of the collective contract system, and to provide a clearer legal basis for giving full play to the role of the collective contract system.
????????Some people think that the draft should strengthen the awareness of employers to sign collective contracts, clearly stipulate that employers should not refuse to sign collective contracts without justifiable reasons, punish enterprises that refuse to establish a collective negotiation and sign collective contracts system, and stipulate that they should not be recommended to participate in various advanced awards organized by the government and trade unions.
????????Some draft proposals should clearly stipulate the scope of application, subject qualification, necessary clauses, time limit, signing, performance, modification, supervision and labor disputes of collective contracts.
????????Some suggestions, the draft added provisions of the local people’s governments at all levels of labor security and relevant departments and the corresponding trade union organizations, enterprise representative organizations to establish a tripartite organization to coordinate labor relations, participate in the formulation of collective contracts, and supervise and inspect the implementation of labor contracts and collective contract systems by employers.

????????VI. Administrative authorities in charge of labor contracts
????????Many opinions hold that the administrative authority in charge of labor contracts should be the labor security department, and it is suggested to delete the provision that the township people’s government has the right to supervise the labor contract system in the second paragraph of Article 6 of the draft. Some people think that the provisions of the second paragraph of Article 6 of the draft are inconsistent with those of Article 85 of the Labor Law.
????????Some people think that the diversity of law enforcement subjects will lead to the conflict of departmental interests, and the county-level labor and social security department and the township people’s government are at the same level. If two units at the same level are in charge of one thing at the same time, it will definitely lead to mutual shirking, which is not conducive to protecting the rights of workers.
????????Some people think that in the past, the labor and social security department was responsible for supervising the implementation of the labor contract system, and the township and town governments did not set up a special department in charge of labor, nor were they equipped with full-time staff familiar with the labor law, so it was difficult to perform this statutory duty in practical work. It is suggested that the labor and social security department at or above the county level may entrust the township and town governments to supervise and manage the implementation of the labor contract system within their respective administrative areas when necessary.

????????VII. On the Role of Trade Unions
????????Some opinions hold that the trade union organization is a bridge between leaders and workers, and matters involving the vital interests of workers should be resolved through consultation led by the trade union, and the draft should highlight the role of the trade union organization in the labor contract system.
????????Some people think that the role of trade unions should be actively played in practice. Although the draft stipulates the duties of trade unions, it does not provide necessary conditions for trade unions to perform their duties, and it does not stipulate the legal responsibility for trade unions not to perform their duties. It is suggested to make amendments.
????????Some reflect that some employers have not established trade unions; Although some employers have set up trade unions, the chairman of the trade union is the deputy leader of the unit, the former leader or the head of the personnel department; Although some employers have trade unions, the chairman of the trade union is an ordinary worker, who has little right to speak, so it is difficult to safeguard his rights and interests. Therefore, the draft proposal should be adjusted accordingly.
????????Some suggestions are made to delete the provisions in the draft that the trade union directly negotiates with the employing unit, formulates unit rules and regulations and signs collective contracts. In practice, the trade union organization is actually the management organization of the employer, which rises and falls together with the employer and has little to do with the immediate interests of the workers. If trade unions are allowed to directly negotiate with enterprises about relevant rules and regulations or collective contracts, then employers will choose the way to negotiate with trade union leaders, and the workers’ congress or workers’ congress may become a decoration.
????????Some suggest that the draft should clearly define the types of trade unions, whether they are within the employing unit or in a certain area beyond the employing unit.

????????Eight, on strengthening the protection of old workers.
????????Many old workers’ proposals tend to protect the legitimate rights and interests of old workers, thinking that old workers have worked for more than 20 years, contributed their youth to society and the country and made great contributions. These old employees, especially those over 40 years old for women and over 50 years old for men, have a heavy burden on the employer because of their old qualifications and relatively high wages, and are easy to become the targets for the employer to dissolve or terminate the labor contract. Due to objective reasons, the employability of old employees is relatively poor. Once unemployed, it is difficult to re-find, and the employment problem of old employees can easily become a social problem. Therefore, the draft proposal should focus on protecting old employees. Others hold an opposing view that the market economy is the survival of the fittest. If the rights and interests of the old workers are excessively protected, it will inevitably affect the employment and development of the younger generation, and appropriate protection is suggested.
????????In order to protect the legitimate rights and interests of the old workers, some draft proposals should clearly stipulate that the employer shall not terminate the labor contract for workers who have reached the age of 45 for women and 55 for men, except as otherwise provided by law and force majeure. Some suggest that the draft should clearly stipulate the conditions for signing an open-ended labor contract. If a worker has worked continuously in an organization for more than 20 years, or if a woman is over 40 years old and a man is over 50 years old, he has the right to ask the employer to sign an open-ended labor contract.
????????Some suggest that in order to protect the legitimate rights and interests of old workers, the draft should stipulate the minimum term of fixed-term labor contracts, and any labor contract shall not be less than the statutory term. At the same time, it is stipulated that the number of times a worker signs a fixed-term labor contract with the same employer shall not exceed a certain number. If the legal number is reached, a non-fixed-term labor contract must be signed.
????????In practice, the layoffs of employers are basically to lay off the old employees who have worked in the unit for a long time, are older and have higher wages, especially those who will sign open-ended labor contracts with employers. Some suggestions, the draft clearly stipulates that it is not allowed to cut old workers with more than 30 years of service.
????????Many people think that under the statutory circumstances stipulated in Article 39 of the draft, it is very good for the employer to pay economic compensation for the dissolution and termination of labor contracts, which is very beneficial to workers, especially old employees. However, many old workers object to the stipulation in the second paragraph of Article 39 of the draft that when calculating economic compensation after termination of labor, the economic compensation will be reduced by 10% every five years of the labor contract, and they think that this is an infringement on the legitimate rights and interests of old workers, which should not be stipulated in reason. According to the provisions of the draft, the longer you work, the less compensation you will get when you terminate the contract. If you work for 30 years, you will get no compensation when you terminate the contract.
????????Some employees of state-owned enterprises reported that some employers intentionally transferred some old employees from one state-owned enterprise to another state-owned enterprise in order to achieve the purpose of not signing a labor contract with workers without fixed term. Because the length of service can no longer be calculated, the labor contract was correspondingly signed from a fixed term to a fixed term, so that the employer can terminate the labor contract before the workers retire. It is suggested that the draft should regulate how to calculate the length of service and the types of labor contracts in the case of malicious transfer.
????????Some suggestions have been made that the draft adds provisions that the state should give certain tax incentives to employers if they use unemployed people who have reached the age of 40 for women and 50 for men. If an employer uses unemployed persons who have reached the age of 45 for women and 55 for men, the social basic insurance originally paid by the employer shall be jointly paid by the local finance.

????????IX. Handling of factual labor relations
????????Paragraph 3 of Article 9 of the draft stipulates that if there is a factual labor relationship, it shall be deemed that the employer and the employee have concluded a labor contract with no fixed term. Article 32 of the draft stipulates that an employer may terminate an open-ended labor contract under three circumstances. Some people think that because the circumstances of the termination of the labor contract in Article 32 of the draft are very vague, the user unit is actually subject to few restrictions when exercising the right to terminate the contract, which is very easy to exploit the loopholes. Therefore, the employer will tend to sign an open-ended labor contract with the employee or deliberately not sign a written labor contract, which is not conducive to the strict implementation of the labor contract stipulated in Article 9 of the draft. It is also not conducive to the original intention of achieving stable labor-employment relations and effectively protecting the legitimate rights and interests of workers. The draft proposal clearly stipulates that if an employer signs an open-ended labor contract with a worker, the employer may not terminate the contract unless there is sufficient evidence to prove that it falls under the circumstances stipulated in Article 31 of the draft.
????????Some people think that the provisions of Article 9 of the draft may make workers deliberately not sign a fixed-term labor contract with the employer in order to sign a non-fixed-term labor contract. It is suggested that the situation of not signing a labor contract in writing be clarified.
????????Some people suggest that in practice, some workers with factual labor relations often have no evidence to prove that they are employees of the employer after a work-related injury, so they cannot be identified as work-related injuries. The draft proposal clearly stipulates that when there is a dispute between the two sides on whether there is a factual labor relationship, the employer shall bear the burden of proof.
????????Some suggestions are that the draft stipulates the starting time of an open-ended labor contract signed due to factual labor relations, and makes it clear that the labor contract will be established from the day when the laborer provides labor for the employer.

????????X. About Labor Dispatch
????????There is a heated discussion on the issue of labor dispatch. Everyone thinks that the labor dispatch market in China is chaotic at present, but there are different views on whether to retain labor dispatch as a form of employment. Some workers suggest canceling the employment form of labor dispatch, believing that labor dispatch is a deformed employment form, which has completely shaken the dominant position of workers in labor relations. Through the form of labor dispatch, the employer avoids risks and responsibilities, and the dispatching unit pursues economic benefits, only the legitimate rights and interests of the dispatched workers can not be guaranteed.
????????More people have suggested that it is unrealistic to completely cancel the dispatch of labor force, but the provisions of the draft on the dispatch of labor force are not rigid enough and restrictive, and it is suggested to impose stricter restrictions on this form of employment. Some suggest to improve the entry threshold of labor dispatch, not only to set the capital conditions of labor dispatch units, but also to stipulate the qualifications of personnel engaged in labor dispatch business. Some suggestions strictly limit the application scope of the form of labor dispatch, which should be limited to hourly workers, seasonal workers or construction contractors. This form of employment should be explicitly prohibited in general industries, and the main types of jobs or positions fixed by employers cannot accept the dispatch of labor. In particular, it is forbidden to transfer rural labor to large foreign-funded enterprises in developed areas in batches to adopt the form of labor dispatch. Some suggestions clarify the time limit of labor dispatch and prohibit employers from using dispatched labor for a long time. Some suggest that the relationship among labor dispatch units, employers and workers should be defined, and it should be clearly stipulated that the agreement between dispatch units and employers can not be against workers. If workers are infringed during the dispatch of labor, dispatch units and employers should bear joint and several liabilities and avoid wrangling with each other. Some suggest strict legal liability, and severe punishment should be given to the behavior of labor dispatching units and employers that shirk each other or maliciously collude against the legitimate rights and interests of workers.
????????Some labor dispatch units think that the stipulation in Article 12 of the draft that labor dispatch units must provide a reserve fund of not less than 5,000 yuan per worker is too harsh, which is a blow to the new thing of labor dispatch, and the existing labor dispatch units, especially the relatively large-scale labor dispatch units, can hardly bear it. Some people think that it is difficult to deposit the reserve fund into the designated bank account, and the mobility of workers in labor dispatch is strong, and the increase and decrease range is large. The reserve fund should be changed accordingly according to the changes of personnel. In this way, not only the dispatching unit needs to be exhausted, but also the labor and social security department is difficult to monitor. Some people think that the amount of the reserve fund is very large, and it is a waste to idle such a large sum of money. At the same time, we must consider how to ensure the safety of this fund.
????????Some dispatching units think that the stipulation that the dispatch contract must be terminated after one year in the draft is unreasonable, and it is suggested that the time limit be abolished. The enterprise is not a public welfare or financial allocation unit, and needs a group of qualified, skilled workers who know the rules and regulations of the employer to engage in production. If the dispatch contract can only be signed for one year, it will not only make the employer have to face the pressure of receiving a large number of novices every year, but also not necessarily beneficial to the workers. Some people think that the duration of the labor dispatch contract should not be a matter of administrative intervention. The provisions of the draft make the labor security department excessively involved between the workers and employers, which will not only make the labor security department overwhelmed, but also can not solve the existing problems well.
????????Some suggest that many labor dispatch units are set up by labor and social security departments, and it is easy to cause problems when they supervise themselves. The draft proposal adds provisions that labor and social security departments, labor inspectors or their families may not set up labor dispatch organizations, and the employment agencies they set up can only carry out job introduction, and may not carry out labor dispatch business, and directly establish labor relations and sign labor contracts with workers.
????????Some report that there are labor agencies and personnel agencies in many places, which are affiliated to the labor security department and the personnel department respectively. Personnel agency continues some practices in the planned economy period, such as receiving college graduates and storing and managing graduate files. Personnel agents can’t provide services for the employment of college graduates, but some personnel agents are engaged in the business of labor dispatch, which is suggested to be banned.
????????Some people think that in practice, there are also forms of labor dispatch in the domestic and tutor industries, but most of them are individuals or families. If the draft recognizes the labor dispatch as a form of employment, it should not exclude the recipients such as individuals or families, and it is suggested that the recipient unit be modified as the recipient.

????????XI. On Non-competition
????????Some people agree with the provisions on non-competition in the draft, and think that more and more confidentiality agreements and non-competition clauses greatly limit the employment scope of technicians after leaving their jobs. Employers often explain that the economic compensation for non-competition has been included in their daily wages when signing the non-competition agreement. The provisions of the draft on compensation for non-competition and the time of payment will not only protect the intellectual property rights and business secrets of the employer, but also help the workers to protect this information on the basis of certain economic conditions.
????????In practice, incidents of workers leaking business secrets of employers have occurred repeatedly, causing great harm to employers. Some employers exaggerate the scope of trade secrets and damage the legitimate rights and interests of workers. Some suggestions, the draft in the provisions of non-competition restrictions at the same time, increase the provisions of the employer and the employee in the labor contract, the employee has the obligation to keep business secrets, and can stipulate the corresponding liability for breach of contract. The labor contract law should reasonably define the specific scope of trade secrets.
????????Some people have suggested that the employees in some national defense scientific research units are also involved in the issue of non-competition, but the technical secrets involved by these employees are hardly business secrets and should belong to state secrets. Although the national defense scientific research institutions have stipulated the confidentiality responsibility of the secret-related personnel and the release period after leaving the post, it is difficult to restrict the violations. The non-competition clause in the draft proposal is also applicable to workers involved in state secrets.

????????XII. About Equal Pay for Equal Work
????????Many people reflect that there are many forms of employment in many enterprises, and workers with different identities have great differences in treatment, even though they are engaged in the same job. Different pay for equal work is the most disharmonious factor in labor relations, which not only damages the rights and interests of workers, but also damages the interests of the country and the image of the government. The draft proposal clearly stipulates the principle of equal pay for equal work.
????????Some reflect that their units still implement a variety of employment systems, such as state-owned workers, collective workers, state-owned contract workers, collective contract workers, temporary workers, temporary agency workers and so on. Among them, collective workers have low income, often work overtime, have no overtime pay, engage in toxic and heavy-duty jobs, and do not distribute labor insurance supplies, etc., which seriously violates the labor law and the labor rights and interests of collective workers are not guaranteed.
Some reflect that some employers have stipulated various forms of employment, such as regular workers, hired workers, seconded workers, temporary workers, promoters, shopping guides, consultants, etc. Different forms of employment have relatively different wages, artificially creating unfair factors and infringing on the rights and interests of workers in distribution according to work and equal pay for equal work.
????????Some report that in some monopoly industries such as electric power, tobacco, telecommunications, banks, etc., the front-line salespersons in their business halls are almost all temporary workers. Their workload is larger than that of formal workers, but their wages are only one-third or even one-tenth of that of formal workers, and their work is still very unstable. In some postal enterprises, most of the heavy jobs such as mail delivery staff are temporary workers. Even the editors and reporters of some TV stations and newspapers are divided into three or six grades, and quite a few of them are inferior secondments and laborers. The existence of a large number of temporary workers has caused the unreasonable phenomenon of different pay for equal work, and the draft proposal cancels the temporary employment form.
????????Some suggest that the proliferation of labor dispatch is also an important reason for different pay for equal work. In some labor dispatch, the dispatched workers do more than the regular employees of the employing unit, but they get only one-fifth or one-third of the salary of the regular employees, so they should be careful in their work, otherwise they may be dismissed at any time. It is suggested that Article 12 of the draft be amended to read: The wages and various welfare benefits enjoyed by the dispatched workers when providing labor shall be no less than those of the regular employees of the labor service receiving unit.
????????Some suggest that in some state-owned enterprises, men and women have different pay for equal work. Male and female employees enter the company on the same day, and their retirement wages are different because of different retirement age regulations. The draft proposal regulates this unreasonable situation.

????????Thirteen, about serious violations of rules and regulations, the employer may terminate the labor contract.
????????Many people pointed out that the provision in the draft that the employer can terminate the labor contract if the laborer seriously violates the rules and regulations of the employer is very easy to be used maliciously by the employer. It is suggested that it should be carefully considered and some restrictive conditions should be stipulated for the employer to use the rules and regulations to terminate the labor contract.
????????Some people think that item (2) of Article 31 of the draft is basically the same as item (2) of Article 25 of the Labor Law, which has caused many labor disputes in practice. Some employers not only want to terminate the labor contract, but also don’t want to bear the responsibility of economic compensation to the workers, so they try their best to make conditions by formulating rules and regulations, so that the workers are dismissed as serious violations of the rules and regulations of the employer if they make a slight mistake.
????????Some people think that the meaning of "serious violation" is unclear, and whether the laborer is ten minutes late is a serious violation of the rules and regulations of the employer. The draft proposal can make further provisions on "serious violation".
????????Some have suggested that if the rules and regulations of the employer are overlord clauses, whether the workers should still abide by them. It is suggested to limit the rules and regulations in this item, which must be legal and reasonable. In order to ensure that the rules and regulations can be legal and reasonable, the draft proposal can clearly stipulate the rules and regulations of the employer, which must be discussed and approved by the trade union or the workers’ congress and reported to the local labor and social security department for examination and filing before it becomes effective.

????????XIV. Restrictions on layoffs
????????Article 20 of the Labor Law stipulates that as long as an employer lays off employees, it must explain the situation to the trade union or all employees 30 days in advance, listen to opinions and report to the competent department of labor security. Some people think that in Article 33 of the draft, the employer will explain the situation to the trade union or all employees only when it has laid off more than 50 employees, and the provision of consultation is different from that in the labor law, which not only narrows the scope for the employer to explain the situation to the trade union or all employees, but also simplifies the procedures for the employer to lay off employees, cancels the requirement of 30 days in advance, and suggests that the draft should be adjusted.
????????Article 21 of the Trade Union Law stipulates that if an enterprise infringes on the labor rights and interests of employees, the trade union may put forward opinions and coordinate the handling; The trade union should give support and help to the workers who bring a lawsuit to the people’s court. Some people think that the provisions of the first paragraph of Article 33 of the draft are in conflict with the trade union law. According to the provisions of the trade union law, workers are laid off, which belongs to the situation that the rights and interests of employees are damaged, and the trade union has the obligation to provide support and help. When the number of laid-off workers is smaller, the more vulnerable they are, and the more they need the assistance of trade unions. It is suggested that the employer should lay off employees, even if only one person is laid off, it must be checked by the trade union and reached an agreement through consultation with the trade union.
????????Some people think that the draft relaxes the conditions for employers to lay off employees, and the provision that "objective conditions have changed significantly" is too broad, such as changes in production conditions, changes in sales conditions, changes in labor safety and health conditions, major technological transformation, enterprise production change, merger and division, etc., all of which belong to major changes in objective conditions. Therefore, employers are prone to abuse the provisions on layoffs and infringe on workers’ employment rights. The draft proposal should clearly stipulate that employers should not lay off employees at will, only in the face of bankruptcy.
????????Some people think that under the modern enterprise system, it is unnecessary for the employer to reduce a small number of incompetent personnel, if it must be explained to all employees, because the procedures are too cumbersome.

????????Fifteen, about the employer shall not terminate the labor contract.
????????Article 34 (1) of the draft stipulates that if an employer suffers from an occupational disease or is injured on the job and is considered to have lost or partially lost the ability to work, the employer shall not terminate the labor contract. Some people pointed out that the work-related injury insurance regulations clearly stipulate the handling of work-related injuries, and they are very operable. For some workers who have lost their ability to work, the work-related injury insurance regulations allow workers to terminate their labor contracts with employers through consultation. The provisions of the draft are inconsistent with the provisions of the industrial injury insurance regulations. In order to avoid ambiguity, it is suggested to delete this paragraph or make corresponding adjustments.
????????Article 34 (3) of the draft stipulates that if a female employee is pregnant, giving birth or breastfeeding, the employer shall not terminate the labor contract. Some people think that it is not enough that the draft only stipulates that the employer may not terminate the labor contract. In practice, some employers force female employees to resign themselves by means of not approving holidays, and some employers arbitrarily adjust the positions of female employees during pregnancy, childbirth and lactation. The draft proposal makes further provisions.
????????Some suggest that it is unreasonable for female employees to have illegal or serious disciplinary behaviors during pregnancy, childbirth and breastfeeding, such as unplanned childbirth or illegitimate childbirth, if they are not allowed to terminate the labor contract.
????????Article 34 (4) of the draft stipulates that the employer shall not terminate the labor contract if it is acting as an equal negotiation representative. Some people think that what is equal consultation representative should be made clear. Some reflect that many employers generally crowd out, pressure or even dismiss workers’ representatives after labor disputes have subsided. In order to prevent employers from settling accounts after autumn, the draft proposal stipulates a reasonable period for the protection of equal consultation representatives. Some people think that not only equal consultation representatives need protection, but also trade union chairmen and trade union members who are in office should be protected.

????????Sixteen, about the termination of the labor contract to give economic compensation.
????????Article 37, paragraph 1, of the draft stipulates the termination of the labor contract. Article 39, paragraph 1 (3), stipulates that if the labor contract is terminated, the employer shall pay economic compensation in addition to the fact that the employee has started to enjoy the basic old-age insurance benefits according to law. Most people agree with the above provisions of the draft, and think that it is a great protection for the rights and interests of workers, which effectively restricts the employer’s behavior of dismissing workers at will by using short-term contracts, and is one of the highlights of the draft. Some people have expressed different views on the specific content.
????????Some people think that, first of all, it is necessary to find out why the employer should pay economic compensation when terminating the labor contract. Without a clear understanding of the nature of economic compensation, it is impossible to talk about the rationality of economic compensation. If the employee has worked in the employer for 20 years and has not reached the retirement age, the employer will make compensation after terminating his labor contract. Is this economic compensation recognition of the employee’s contribution, relief compensation for the employee after unemployment, or compensation for the enterprise’s breach of contract? In the process of revision, the draft proposal is made clear.
????????Some suggest that it is debatable whether economic compensation should be paid when the labor contract is terminated. The reform of the labor system is to change the situation that the planned economy used people to die, so that workers can enter and leave, and managers can go up and down. The termination of the labor contract means the termination of the rights and obligations of both parties to the labor contract. The termination of the labor contract also requires the employer to pay economic compensation. First, it is unfair. Second, it restricts the reasonable flow of labor to some extent. Third, it is overprotective, which may cause some workers to be less motivated.
????????Some people suggest that the provisions of the draft on the payment of economic compensation by the employer at the termination of the labor contract go beyond the provisions of Article 28 of the Labor Law and should be revised.
????????Some people think that when the labor contract expires and terminates, the employer should not bear the liquidated damages. This rule is like a rope around the neck of the employer. If the employer has 50 employees, each with a monthly salary of 1,600 yuan, and the contract is signed every two years, the employer will bear 160,000 economic compensation every two years, which is fatal to small-profit enterprises.
????????Some people suggest that if a worker dies, or if the people’s court declares him dead or missing, he should enjoy death treatment according to law, including funeral expenses, one-time pension and survivors’ allowance, and the employer should not pay economic compensation. It is suggested to delete the relevant provisions in the draft.

????????Seventeen, about the labor contract dispute handling procedures.
????????Some people think that the draft regulations on the conclusion, performance and termination of labor contracts are very complete, but the procedures for handling labor contract disputes are too simple in principle. Article 50 of the draft stipulates that the procedures for handling disputes over labor contracts and collective contracts shall be implemented in accordance with the provisions of the Labor Law and other relevant laws and administrative regulations. Some suggestions make special provisions on the procedures for handling labor contract disputes.
????????Some people think that according to the labor law and other relevant regulations, it takes 60 days for workers to apply for an arbitration award and 60 days to bring a lawsuit in court. This kind of labor contract dispute handling procedure is costly, time-consuming, costly and laborious, and workers generally can’t bear this kind of cost. The relevant handling procedures often fail to play their due role in ensuring the settlement of labor contract disputes. Therefore, the draft proposal refines and improves the provisions of labor contract dispute handling procedures. For example, it is stipulated to shorten the time limit of labor arbitration award, clarify the compulsory execution power of the labor administrative department to a certain extent, and give workers the right to apply to the people’s court for prior execution and compulsory execution, so as to achieve the purpose of timely and reasonable settlement of labor disputes and effectively protect the legitimate rights and interests of workers to get timely, sufficient and effective relief.
????????Some people point out that labor contracts are different from ordinary civil contracts, which are directly related to the survival rights and security of workers, and workers, as employees belonging to units, often have many tangible or intangible obstacles in exercising their rights. In this case, it is obviously unreasonable to set too strict limitation on the exercise of their rights. The draft proposal tries to avoid setting too many thresholds for workers’ rights protection. While stipulating that the limitation period for workers to revoke their labor contract rights is one year, the provisions in the Labor Law on filing an application for labor arbitration within 60 days are amended and appropriately extended.

????????Eighteen, about supervision and inspection
????????Many people think that no matter how good the provisions of the draft are, everything will be empty unless they are implemented. At present, labor law enforcement is relatively poor, so the draft must make corresponding provisions on strengthening labor law enforcement. Many people put forward many suggestions on how to strengthen labor law enforcement. Some people think that there are many reasons for the current ineffective labor law enforcement, mainly due to the lack of penalties related to labor laws and regulations, poor law enforcement environment, too much administrative intervention, and low quality of law enforcement personnel. The draft proposal gives the competent department of labor security more administrative power to improve the quality of labor law enforcement personnel and improve the shortage of labor inspectors.
????????Some suggestions, on the one hand, should strengthen the enforcement of labor security departments, on the other hand, should strengthen the enforcement of judicial departments, and take necessary judicial enforcement measures against employers who repeatedly violate laws and regulations on labor contracts.
????????Some people think that the scope of supervision and management by the competent department of labor security should be increased, and the mechanism of pre-intervention in labor contracts should be established. The draft should clearly stipulate that the labor contract concluded according to law must be registered or put on record by the competent department of labor security, and the rules and regulations of the relevant employer shall be submitted for examination as an annex to the labor contract.
????????Some draft proposals give labor inspection departments the right to suggest to the competent unit that the person responsible for the violation of the law by the employer should be punished by party discipline and political discipline.
????????Some suggest that labor security should be included in the assessment system of party and government departments at all levels. Like family planning and safety, one-vote veto should be implemented. The implementation of labor security directly plays a decisive role in the assessment, appointment and promotion of relevant personnel.
????????Some people think that Article 49 of the draft stipulates that any organization or individual has the right to report violations of this Law. It is suggested that the time limit for the competent department of labor and social security to handle reports should be specified, so that the department of labor and social security can handle reports in a timely manner and inform the whistleblower of the results in a timely manner. Some also suggested to increase the obligation of the competent labor and social security department to keep confidential the whistleblower, and correspondingly stipulate the legal responsibility for not complying with the confidentiality provisions. Some suggest that the competent department of labor security should announce the telephone number or other contact information of labor supervision complaints to the public.

????????XIX. About Legal Liability
????????For the legal liability part of the draft, the masses generally reflected that the provisions were incomplete and suggested making adjustments. Some people think that it is not enough to investigate the legal responsibility of the employer only in the draft, and suggest that the legal representative and responsible person of the employer who violates the draft should also be punished.
????????Some people think that to strengthen labor law enforcement, it is necessary to supervise the law enforcement behavior of the competent department of labor security. The draft does not clearly stipulate the legal responsibilities that the labor security department should bear if it fails to perform its legal obligations, and it does not stipulate that workers can file state compensation when the labor rights and interests are damaged due to the inaction of the labor security department, which lays the groundwork for the labor security department to shirk its responsibilities and makes the draft may become a piece of waste paper full of rights. It is suggested to increase the corresponding legal responsibilities of the labor security department.
????????Some people are disappointed that the draft does not stipulate the legal responsibility of the employer who does not sign a written labor contract. They think that this will directly affect the signing rate of a written labor contract, and suggest adding provisions that can directly punish the employer for not signing a written labor contract.
????????Some suggestions, the draft adds that if the labor contract is invalid or partially invalid due to the employer’s reasons, the competent department of labor and social security shall order it to make corrections, and if it causes damage to the workers, the employer shall be liable for compensation.
????????Some suggestions suggest that if the employee terminates the labor contract according to law and the employer detains the employee’s files or other documents and articles without justifiable reasons, the employer shall be investigated for legal responsibility in accordance with the provisions of Article 54 of the draft.
????????Some suggestions, add provisions to force workers to extend working hours, damage the physical and mental health of workers; To impose economic penalties on workers in violation of the law, and investigate the legal responsibility of the employer.
????????Some suggestions suggest that if the employer fails to pay the social insurance premium for the employee according to law, in addition to giving the employee the right to terminate the labor contract, the draft should add a stipulation that the employer must pay the social insurance premium and bear the losses caused to the employee.
????????Some people think that the draft does not provide penalties for the misappropriation of insurance benefits paid by workers. It is suggested that if the employer misappropriates insurance benefits paid by workers, the legal responsibility of the person in charge of the employer shall be investigated and the local government shall handle the aftermath.
????????Where the employing unit stipulated in Article 54 of the draft illegally requires the laborer to provide guarantee, collect property from the laborer or seize identity cards and other documents, the competent department of labor security shall order it to be returned and impose a fine of more than 2,000 yuan for each laborer. Some people think that in accordance with the provisions of Article 16 of the Resident Identity Card Law, anyone who illegally seizes another person’s resident identity card shall be given a warning by the public security organ and fined by 200 yuan. Article 54 of the proposed draft is linked with the provisions of Article 16 of the Resident Identity Card Law.
????????Some suggestions suggest that the person in charge of the employer should be punished with criminal punishment, because the malicious wage arrears endanger the survival of workers and belong to infringement of other people’s property and intentional injury.

????????Twenty, about the employer in the individual contract management.
????????Article 63 of the draft stipulates that if an individual contracts for business operations to recruit workers, the individual or organization contracting out the contract shall be the employer of the workers. Some people think that "the individual who contracts the contract" in this article is contradictory to the provisions of Article 2 of the draft. According to the provisions of Article 2 of the draft, only enterprises, individual economic organizations and private non-enterprise organizations can be used as employers in labor relations, and individuals cannot be used as employers. It is suggested to delete the provisions on individuals in this article.
????????Some people suggest that the draft does not clearly define what is the relationship between individual contractors and workers, whether it is labor relations or labour relation. Because there are great differences between labor relations and labour relation in the identification of work-related injuries, labor security, labor supervision and so on, the draft proposal should be clearly defined. Some reflect that it is very common for individual contractors to recruit workers in rural areas, and the relationship between individual contractors and workers should be judged by the court, rather than supervised and managed by the labor inspection department.
????????It is suggested that the draft should make it clear that individual contractors, as actual operators, should bear the responsibilities of the employer to the workers, and have the obligation to pay the relevant compensation in advance, and the employer should bear joint liability.
????????Some suggest that due to the stricter norms of labor dispatch in the draft, some labor dispatch units and employers are prepared to give up this form of labor dispatch, and adopt the form of project contracting to evade the provisions of the draft on labor dispatch, and use the provisions of Article 63 of the draft to evade the corresponding legal responsibilities. It is suggested that legislation should be made to plug this loophole.
????????Some people think that in practice, there are many ways for individual contractors to recruit workers. In order to prevent some people from taking advantage of the loopholes in the law, it is suggested to clearly list the situations in which individual contractors recruit workers, including those who rent counters, lease operators and affiliated operators.
????????(Provided by the National People’s Congress Standing Committee (NPCSC) Legal Affairs Committee)

　　China Weather Network News Today (October 3), the rainfall in West China will be reduced and weakened, but a new round of rainfall will start again tonight, with heavy rain and local heavy rain in some areas; At the same time, there are blizzards or heavy blizzards in Qinghai and Gansu, so it is necessary to pay attention to prevention. In terms of temperature, the northeast region and other places will cool down in the next three days. From 5th to 7th, the temperature in the south will also drop, and the summer heat will ease.

　　The autumn rain in West China constantly needs to be alert to secondary disasters. There is heavy snow or heavy snow in Qinghai and Gansu.

　　Yesterday, China’s heavy rainfall mainly occurred in Huaxi and other places. Monitoring showed that heavy rain or rainstorm occurred in parts of southeastern Henan, northern and southwestern Hubei, central and northeastern Chongqing, central Guangdong, western Yunnan and other places, and local heavy rain occurred in Pu ‘er, Yunnan.

　　During the day today, the rainfall in West China will be reduced and weakened. Since the night of today, a new round of rainfall process has developed in West China, with moderate to heavy rain and local heavy rain in some areas; In Qinghai, Gansu and other high-altitude areas, there will be a phase change between rain and snow, with local snowstorms or heavy snowstorms. In addition, the 14th typhoon "Little Dog" this year has been strengthened to a super typhoon level and will continue to approach the southern coast of Taiwan Province Island. The Central Meteorological Bureau upgraded and issued a yellow typhoon warning this morning, and the wind and rain in Taiwan Province Island and other places will gradually increase.

　　Specifically, the Central Meteorological Observatory predicts that today, there will be small to medium snow or sleet in parts of high-altitude areas in northern Xinjiang, high-altitude areas along the Tianshan Mountains, southern mountainous areas in southern Xinjiang, southwestern and northern Xizang, and central and western Qinghai; There are moderate to heavy rains in parts of northern and southeastern Xizang, south-central and eastern Qinghai, south-central Gansu, central Shaanxi, northeastern Inner Mongolia, and central and western Heilongjiang. Among them, there is heavy rain (50-60 mm) in Guanzhong Basin of Shaanxi.

　　Tomorrow, there will be moderate to heavy snow or sleet in the high altitude areas of northern Xinjiang and southern Xinjiang basin, northern Xizang, eastern and south-central Qinghai, and western Gansu, among which there will be heavy snow in parts of southeastern Qinghai, with local heavy snow (20 ~ 28 mm); There are moderate to heavy rains in southern Gansu, south-central Shaanxi, northeastern Sichuan, central and western Chongqing, northwestern Guizhou, western Hubei and Taiwan Province Island, among which there are heavy rains or heavy rains in parts of northwestern Guizhou and central and eastern Taiwan Province Island, and heavy rains (250-350 mm) in the southeast of Taiwan Province Island.

　　The day after tomorrow, there will be small to medium snow or sleet in parts of high altitude areas in southern Xinjiang basin, northern Xizang, south-central and eastern Qinghai, and northwestern Gansu, among which there will be heavy snow (10 ~ 15mm) in northern Qinghai and northwestern Gansu. There are moderate to heavy rains in parts of southeastern Xizang, northwestern Inner Mongolia, central and eastern Gansu, central and southern Ningxia, central and southern Shaanxi, eastern Sichuan, central and western Chongqing, northwestern Guizhou and central and southern Taiwan Province Island. Among them, there are heavy rains in parts of southeastern Xizang, northeastern Sichuan Basin and southwestern Taiwan Province Island, with local heavy rains (100-120 mm).

　　The meteorological department reminded that since the opening of the autumn rain in West China this year, the precipitation in Chongqing, Hubei and southeastern Shaanxi has been more than normal. In the next few days, there will still be rainy weather in the local area, so we need to be alert to the superposition effect of rainfall and the possible secondary disasters. Qinghai, Gansu and other places will have strong snowfall tomorrow, so it is necessary to guard against the adverse effects of snowfall on transportation, agriculture and animal husbandry.

　　The temperature in the northeast keeps falling, and bid farewell to the summer heat in the second half of the southern holiday.

　　In terms of temperature, affected by cold air, in the next three days, most of Inner Mongolia, Gansu, Qinghai, most of Northeast China and other places will have a temperature drop of 4 ~ 6 C, and the local temperature will drop by more than 8 C, accompanied by northerly winds of 4 ~ 6 and gusts of 8 ~ 9. Among cities, the highest temperatures in Harbin, Changchun, Shenyang and other places may hit new lows in the second half of this year. On the 5th, the highest temperatures in Harbin will be only 12℃, 15℃ in Changchun and 18℃ in Shenyang, while the lowest temperature may drop to about 5℃. Please pay attention to adding clothes at the right time in the later period of public holidays to guard against colds.

　　From 5th to 7th, the temperature in the south will also decline, bidding farewell to the hot weather. For example, in Guiyang, the highest temperature will be 29℃ today and only 21℃ on the 6th. The highest temperature in Fuzhou will reach 32-33℃ today and tomorrow, and will drop to 24℃ on the 6th, which is quite comfortable.

　　CCTV News:According to the website of China Consumers Association, on May 11th, China Consumers Association released the "May 1st" public opinion analysis report on consumer rights protection. The report pointed out that during the "May 1" period, the general price of accommodation hotels rose, and the public opinion of hotel accommodation was relatively concentrated. There were relatively many phenomena of breach of contract and breach of contract, such as booking a hotel without staying, ordering a hotel on the online platform and asking tourists to "make up the difference". The full text is as follows:

　　"The most prosperous May Day and the hottest Golden Week in history" came to a successful conclusion in the "blowout" release of tourism travel and consumption enthusiasm with strong recovery, and a number of data of "hitting the historical peak of May Day" released an encouraging signal that China’s endogenous consumption power continued to strengthen and show remarkable results.

　　According to the data of the data center of the Ministry of Culture and Tourism, during the "May 1" period this year, the total number of domestic tourism trips nationwide was 274 million, up 70.83% year-on-year, and it recovered to 119.09% in the same period of 2019 according to comparable caliber; The domestic tourism revenue reached 148.056 billion yuan, up 128.90% year-on-year, and recovered to 100.66% in the same period of 2019 according to comparable caliber. At the same time, the radius of tourists’ travel and the radius of destination recreation have increased, and the popularity of cross-city and inter-provincial travel over 300 kilometers has increased significantly.

　　The business big data monitoring of the Ministry of Commerce shows that this year’s "May 1" holiday consumption transcripts are bright, the sales of key retail and catering enterprises nationwide increased by 18.9% year-on-year, the consumption enthusiasm of residents was high, and the consumer market grew rapidly. Sales of seasonal, quality and upgraded goods are booming, consumption of featured, diversified and experiential services is widely favored, and innovative, intelligent and convenient new consumption is booming.

　　The booming holiday consumer market has also brought severe tests to relevant business entities. The high concentration of hot spots and slots has become the biggest feature of this year’s "May 1" consumer public opinion.

　　In order to further understand the real feedback of consumers during the May 1 ST period, focus on the hot spots of small holiday consumption, and effectively play the role of social supervision, the China Consumers Association used the Internet public opinion monitoring system to conduct a survey on April 29, 2023 — On May 4th, we conducted a public opinion analysis of online big data about consumer rights protection.

　　The monitoring found that this year’s "May 1" holiday consumption "spit" information mainly concentrated in four aspects: scenic tourism, hotel accommodation, transportation, catering and shopping, which was generally consistent with the main holiday consumption scenarios. Contact consumption and physical consumption were the hot spots for consumers to spit.

　　 　First, the basic situation of consumer rights public opinion

　　During the six-day monitoring period from April 29th to May 4th, a total of 23,932,226 pieces of "consumer rights protection" information related to May 1st were collected, with an average daily amount of about 3.98 million pieces. During the monitoring period, the daily number of related public opinions was relatively balanced, with 4,295,441 on May 1st.

Figure 1 "Consumer Rights Protection" Daily Information Map

　　In terms of information dissemination channels, the information dissemination channels of "consumer rights protection" during the May 1 ST period mainly include clients, Weibo, videos, websites, WeChat, interactive forums and digital newspapers. Among them, the client has the highest information content, accounting for 38.45%; Followed by Weibo, the information content accounted for 28.99%; The third is video, with information accounting for 19.34%.

　　Figure 2 Distribution map of information amount and proportion of "consumer rights protection" channels

　　 　Two, the "May 1st" consumer rights information focus areas and typical cases

During the monitoring period, a total of 7077736 pieces of information about "tucao" and "consumer rights protection" were monitored through the public opinion monitoring system, accounting for 29.57% of the total information about "consumer rights protection". (See Figure 3)

　　This kind of information reflects consumers’ negative evaluation of the goods and services they accept, and has the "sensitive" attribute of causing negative public opinion on consumer rights protection, but at the same time it also reflects its constructiveness in improving consumer satisfaction. This report summarizes it as "consumer rights protection" negative sensitive information and focuses on analysis.

　　Figure 3 "Tucao" Consumer Rights Protection Information Proportion Chart

　　The monitoring found that the negative consumption information during the "May Day" promotion activities this year was mainly concentrated in scenic spots, hotel accommodation, transportation, catering and shopping.

　　(A) scenic tourism

　　During the monitoring period, a total of 3,056,999 pieces of negative information about "scenic spot tourism" were collected, with an average daily information of 509,500 pieces, and the amount of public opinion information showed a trend of increasing first and then decreasing, with the highest number of 845,836 pieces on May 2.

　　Fig. 4 Daily trend chart of negative information about tourism in scenic spots.

　　Example 1: The man drowned while playing on the pontoon bridge, and the resort has been closed for rectification.

　　@ Cover News: [# Official response: Man drowned while playing on the floating bridge #: The resort has been closed for rectification] Recently, it was reported that a man fell into the water and died while playing on the floating bridge in Shuiyuntian, Houba Town, Kaizhou District, Chongqing. On May 2, a staff member of Houba Town Government in Chongqing confirmed that there was a case of a man who drowned after playing water sports in Shuiyuntian Resort. After the incident, the resort has been closed for rectification. For netizens questioning whether the safety measures of the water project are not in place, a staff member of the Cultural Tourism Committee of Kaizhou District of Chongqing said that Shuiyuntian Resort is not a tourist attraction at present, and relevant departments are investigating and verifying it.

　　Example 2: Fences are built along Hukou Waterfall, and tourists can only spend money if they are dissatisfied with the view.

　　Global Network Source: Beijing Youth Daily Title: Preventing tourists from peeping? Hukou Waterfall was exposed to build a fence along the way, and the official response.

　　Recently, a number of netizens posted videos on social platforms, saying that some sections along the Hukou Waterfall were completely blocked by the wall, and they could only hear the sound and could not see the scenic spots, questioning that "it is necessary to spend money to see Hukou Waterfall, and it can only be blocked by the wall without spending money". This netizen expressed dissatisfaction, pointing out that at the peak of May Day travel, as a natural gift, the landscape of Hukou Waterfall on the Yellow River must be paid for along the way. Is this reasonable?

　　As for the above-mentioned netizens, the staff of the Cultural Tourism Bureau of Yichuan County, Yan ‘an City, Shaanxi Province said that the wall was built on the roadside inside the scenic spot for many years. The Hukou Waterfall Scenic Area Administration of the Yellow River in Yichuan County, Shaanxi Province issued a statement saying that the move was to avoid falling rocks and hurting tourists. In addition, the reporter learned from the staff of Shanxi Linfen Cultural Tourism Bureau that the Hukou Waterfall Scenic Area is undergoing internal expansion. For safety reasons, a wall was built on the periphery of some sections, not to prevent tourists from peeking at the scenery.

　　(2) Hotel accommodation

　　During the monitoring period, a total of 1,119,199 pieces of negative information about "hotel accommodation" were collected, with an average of 186,533 pieces per day, and the distribution of information showed a relatively gentle trend of first increasing and then decreasing. On April 30, the highest amount of public opinion information was 217,770 pieces.

　　Figure 5 Daily trend chart of negative information about hotel accommodation.

　　During the "May 1" period, the general price of accommodation hotels rose, and the public opinion of hotel accommodation was relatively concentrated. There were relatively many phenomena of breach of contract and breach of contract, such as booking a hotel without staying, ordering a hotel on the online platform and asking tourists to "make up the difference". The market supervision departments in many places intervened in the investigation and made penalties in time, and there were many media reports and public opinion discussions.

　　Fig. 6 nephogram of negative information words about hotel accommodation

　　Example 1: Emei Mountain Hotel requires "making up the difference", and the regulatory authorities have filed a case.

　　Today’s headline @ 中中中中 Title: Get up! A hotel in Emei Mountain asked tourists to "make up the difference" and was put on file for investigation.

　　At 19: 50 on April 29th, the service management office of Emei Mountain Scenic Area received a complaint from 12345 tourists: a hotel located in Scenic Area Road, Huangwan Town, Emei Mountain City had a dispute with tourists. After receiving the complaint, the staff of the management office of Emei Mountain Scenic Area rushed to the hotel to understand the situation and coordinate the handling. It is understood that on April 6, tourist A placed an order for the hotel on an online platform, staying for 2 nights from April 29 to May 1, and paid all the room rates on the online platform. At about 19: 30 on April 29, when tourist A and fellow tourist B arrived at the hotel and asked to stay, the person in charge of the hotel said that the current amount paid by tourists is only enough for one night, and the second night’s accommodation needs to be "compensated" offline. After the negotiation failed, tourist A called 12345 to make a complaint. At 21 o’clock that night, the staff of the management office of the scenic spot to serve the country coordinated two tourists (free of charge) to stay in the new hotel. On the morning of April 30th, Emei Mountain Scenic Area and Emei Mountain Market Supervision Bureau went to the illegal hotel to conduct investigation and verification. At present, the Emei Mountain Market Supervision Bureau has filed an investigation on the hotel.

　　Example 2: The landlord of Qingdao B&B broke the contract and failed to stay in the house, and the regulatory authorities punished him according to law.

　　@ China Live: [Anger! The family spent 9600 online to book Qingdao B&B, but they couldn’t contact the landlord when they arrived, and almost slept on the street! The landlord replied: I didn’t answer the phone because there was no room] April 30, Qingdao, Shandong. Mr. Zhu’s family and friends booked a villa B&B for two days in Qingdao Golden Beach Mediterranean during the May Day holiday on the platform 10 days ago, and paid 9600 yuan. I contacted the landlord one and a half hours before I arrived at my destination that day, but I found that I couldn’t contact anyone. Then I arrived at the designated place and still couldn’t find anyone. Mr. Zhu said that his five families spent almost a day because of this incident, so they had no choice but to temporarily re-book an apartment. In the evening, I contacted the landlord, but the other party told me that the room was full and there was no way. At present, the platform responded that the list of apartments can be exempted by making a one-to-one payment. On May 1st, Qingdao West Coast New District Market Supervision Administration reported this matter:

　　Example 3: The hotel misled consumers to cancel the reservation and was punished for selling at a higher price.

　　A little information @ The Paper Title: A hotel in Zhejiang was fined for misleading consumers to cancel the reservation and sell it at a higher price for false reasons.

　　On April 30, Zhejiang Market Supervision Bureau announced a batch of "Enjoy Holidays"? Consumer violations seized in the "Consumer Escort" operation. Among them, a hotel in Dongyang City misled consumers to cancel the reservation and sell it at a higher price for false reasons, and was fined 11,300 yuan.

　　The Paper was informed that the Dongyang Municipal Market Supervision Bureau recently inspected a hotel management company based on the report, and found that the parties lied that there was no room and misled consumers to cancel the reservation of five rooms for false reasons. After the consumer canceled the order, at the same time, the hotel sold the above five rooms on the platform at a higher price. By the time of the incident, the accumulated illegal business amount was 5,219.2 yuan and the illegal income was 1,335.76 yuan. The bureau imposed administrative penalties according to law.

　　(3) Transportation

　　During the monitoring period, a total of 1,082,554 pieces of negative information about "traffic trips" were collected, with an average daily amount of 180,426 pieces. Among them, April 29th has the largest amount of information, with 255,102 items. After that, the amount of public opinion information showed a downward trend.

　　The public opinion information of traffic and travel mainly focuses on three aspects: First, discussions on issues such as "congestion" and "difficulty in parking" in different scenes are concentrated, and netizens widely vomit; Second, the general experience of new energy owners in high-speed congestion scenes is poor, which has become a hot topic of discussion; Third, the temporary fare increase of the network car and taxi caused more onlookers.

　　Fig. 7 Daily trend chart of negative information about traffic trip.

　　Example 1: New energy vehicles have poor high-speed running experience, and there are many battery life charging slots.

　　Today’s headline @ * * Listen to me: the new energy tram is really not suitable for running at high speed, and the experience is really bad! I checked the navigation before leaving, and it is about 380 kilometers away from the destination. It is expected to arrive in about 4 hours. Fully charge the car before departure, and the battery life is about 530 kilometers, which is enough to run to the destination. Facts have proved that once the speed of trams exceeds 100 kilometers per hour, the battery life will be greatly discounted. It never rains but it pours. I ran halfway, but I got caught in a traffic jam again. At last, my battery life was less than 150 kilometers, and my heart began to panic. In the second half, the speed began to be pressed to 80 kilometers per hour, and the oil truck in the next lane roared to overtake. At this moment, I really envy it! I finally got to the service area and quickly found the charging pile. As a result, I found that all of them were lined up for charging. I saw the oil truck filled up in less than ten minutes and set off. I had been in line for half an hour, and it was not my turn. The charging pile in the service area is expensive, which is equivalent to almost one yuan per hour, which is not much cheaper than refueling. Plus the time delayed in queuing and charging, it is really not cost-effective, and the experience is too bad!

　　Example 2: The parking space outside the scenic spot is too tight, and the car drives into the wheat field.

　　Tik Tok @ Xiong ‘an Toutiaojun Abstract: # Outside a scenic spot in Henan, many cars drove directly into the farmland covered with wheat because of the shortage of parking spaces.

　　Example 3: The driver of the online car refused to carry the fare increase, and the relevant departments investigated and notified.

　　Pacific Hotline Network Source: World Wide Web Title: Jinghong: Notice on the investigation and handling of the incident of "the driver of the network car failed to increase the price and refused to load"

　　The Transportation Bureau of Jinghong City, Yunnan Province conducted an investigation into the recent online transmission of "the driver of the network car failed to increase the price and refused to load". After investigation, Zhao Moumou, the driver involved, took an illegal order from Huamou Company on the aggregation platform on the evening of April 29, 2023 without obtaining the qualification of "double certificate", and refused to carry it after a temporary fare increase and passenger dispute; Hua Moumou Company has not obtained the "Network Appointment Taxi Business License", and there is an act of illegally engaging in online car business activities. For the illegal acts of the above-mentioned drivers and network platform companies, the bureau made a penalty decision of imposing a fine of 30,000 yuan respectively.

　　At the same time, the comprehensive administrative law enforcement department of Jinghong City informed the above-mentioned typical cases of illegal operation to the city’s transportation service enterprises and employees, demanding that the network car platform with business license be obtained within the city, and the car and driver should be banned indefinitely.

　　(4) Catering and shopping

　　During the monitoring period, a total of 995,978 negative information related to catering and shopping were collected, with an average daily information of 165,996, and the amount of public opinion information fluctuated, reaching a peak of 196,149 on May 3.

　　Fig. 8 Daily trend chart of negative information about catering and shopping.

　　During the monitoring period, the public opinion of catering and shopping is mainly related to the cheating behavior of retailers and restaurants, such as overcharging and not charging according to the marked price.

　　Example 1: The food festival met the "Dendrobium candidum assassin", and the relevant departments investigated and verified it.

　　Today’s headline @ Green Hornet Title: A tourist in Sanya, Hainan met with the response of the local cultural tourism bureau of "Dendrobium candidum assassin" at the food festival.

　　On April 29th, a netizen in Hainan sent a video saying that he had been hit by an "assassin of Dendrobium candidum". After purchasing the goods, he was beaten into powder by a merchant and asked for 2,100 yuan. After calling the police, he finally got a refund of 2,000 yuan. After searching, the Green Hornet found that it is not uncommon to see similar "Dendrobium candidum assassins", and the background board behind the merchants in the video shows "2023 Guyun Yazhou Country Food Festival". Why does Dendrobium candidum appear in the food festival? The relevant staff of the Cultural Tourism Bureau of Yazhou District, Sanya City said that they have paid attention to the relevant situation and will cooperate with relevant departments to conduct investigation and verification.

　　Example 2: Mutton offal is priced in 40 yuan and settled in 80 yuan, and the merchant calls the menu "expired".

　　Today’s Headline @ Jiupai News Headline: The woman said that the price of 40 yuan’s food was received by 80 yuan at the checkout. Party: Other dishes also charged more. Merchant: The price on the menu was several years ago.

　　According to Bailu video report, on May 2, after Ms. Yang ordered food from the menu posted on the wall in a restaurant in Zhoukou, Henan Province, the casserole and mutton offal priced in 40 yuan at the time of checkout was asked by the boss to pay 80 yuan, and other vegetable prices were also higher than those on the menu.

　　The merchant responded that the mutton offal used to be a casserole, but now it has been replaced by a bigger electric cooker. The price on the menu has not been changed before, and the customer did not ask in advance, so he did not inform.

　　 　Third, analysis: Three aspects of short supply caused "high hot spot" public opinion

　　A comprehensive analysis of the above-mentioned problems and typical cases of consumers’ "spitting" during the May Day holiday this year shows that the public opinion slots in different dimensions are closely related to "travel". Consumers’ enthusiasm for going out of their homes encounters short-term holiday consumption supply in multiple scenarios, which has become an important factor affecting holiday consumption experience and triggering "hot spots" public opinion.

　　 　First, the short supply of security for holiday travel consumption.

The huge "disk" of social mobility during the May Day holiday calls for a higher level of public security. Strong consumption power, the flow of hundreds of millions of people, the obvious growth of long-distance travel, and the diversity of travel methods all put forward higher requirements for transportation, food, accommodation, fire protection and personal travel. To strengthen the safety reception capacity and safety service level of relevant parties, we must strictly implement the relevant requirements of the state for safety production and operation, achieve no dead ends and full coverage, earnestly strengthen safety awareness, compact regulatory responsibilities, and eliminate potential safety hazards.

　　Therefore, no matter whether the pontoon bridge drowned is a tourist attraction or a holiday resort, it shows that there is still a short supply of security in the diversified consumption scene of holiday travel; Regardless of whether the damage to consumers’ life safety is an accidental case, the relevant subjects should be reminded to reflect on whether there are still dead ends and luck in finding hidden dangers in business premises and finding facilities and equipment problems.

　　 　The second is the short board of humanization and thoroughness of tourism service supply.

　　The supply level of public services related to tourism travel is an important factor that affects the consumption experience. It can not only consider the hard strength and "soft environment" of the product format, supply mode and management service of the scenic spot itself, but also test the quality level and progress efficiency of the upgrading of the supporting public service supply system for tourism travel from "whether there is" to "whether it is good". It not only needs to strengthen scientific investment in the hardware construction of transportation and surrounding facilities, but also needs to improve the accuracy of emergency supply and reserve such as advance prediction, timely locking and dynamic response. Only by vigorously and comprehensively improving the convenience, comfort and satisfaction of tourists can we polish the service brand of scenic spots and accumulate the reputation of local governance and industry management.

　　Therefore, in addition to "safety considerations", the enclosure along Hukou Waterfall should also consider whether it will affect the overall effect of the natural landscape and the tourists’ impressions along the way. Is this in line with the service concept of thinking what tourists think and being anxious about what tourists are anxious about? Compared with this, is there any more humane, careful and flexible safeguard measure to ensure the safety of tourists and present the natural beauty perfectly? Similarly, the mileage anxiety of new energy vehicles caused by insufficient charging piles and road congestion on expressways not only exposes the shortcomings of expressway services that need to be solved urgently during the holiday season, but also reminds all parties concerned to pay full attention to the interactive relationship between consumer travel experience and the healthy development of the new energy vehicle industry.

　　 　The third is the shortcomings of honesty, law-abiding and compliance management of commercial business entities.

　　Rules-abiding and commitment-emphasizing trading behavior is the basic guarantee for optimizing consumption experience, improving consumption satisfaction, enhancing consumer confidence and smoothing economic cycle. Faced with the huge business opportunities brought by the strong recovery and centralized release of consumer demand, operators should not only have the business wisdom and exhibition ability to organize the operation and supply guarantee and flexibly adjust the sales methods, but also have a consistent respect for laws and regulations, a correct understanding of the image of short-term profits and long-term goodwill, and maintain their strength.

　　On the eve of the May Day holiday, China Consumers Association made comments and reminders on the price increase, default, compulsory and short-term trends in some regions and industries, and gave public suggestions. According to the general situation of public opinion monitoring, brand merchants and large-scale entities in most areas can repay consumers’ trust and favor with high service level and quality and relatively reasonable prices of goods and services from the perspective of maintaining corporate image and long-term development. However, there are still a few service entities in some areas and some industries who violate contracts, raise prices, force sales and lack credibility, which hurts consumers’ feelings and confidence to some extent and affects the image of regions and industries.

　　 　Iv. Suggestions on responding to public opinion on consumer rights protection during the May Day period:

　　In view of the shortcomings and problems exposed in the above three aspects, China Consumers Association puts forward the following suggestions to relevant subjects:

　　(1) It is suggested that the relevant administrative departments take the initiative to strengthen all-round and multi-scenario intervention and control, increase the investigation and punishment of illegal acts such as price gouging, malicious breach of contract and compulsory consumption, compact the main responsibility and increase the illegal cost. Relevant operators who ignore the red line and challenge the bottom line shall be punished according to law and publicly exposed.

　　(2) It is suggested that relevant units should fully consider the characteristics of holiday consumption peaks, actively and carefully make plans, and improve the mechanism guarantee and measures guarantee for operational services. Strengthen safety inspection and guidance for industries related to the safety of consumers’ lives and property, tighten safety valves from the source, and prevent and resolve major safety risks; In view of the short-term instantaneous "pressure" of supporting public service supply and hot tourism products and services, we will formulate a perfect and thorough emergency response and guidance control plan.

　　(3) It is suggested that relevant parties should make scientific overall plans and make timely judgments, and take measures such as flexibly adding fast charging facilities to optimize the supply of supporting services for new energy vehicles. Combining the emergency plan design of traffic trip with the innovative data mining application and scientific research results, the plan design should be quick and early, and the subsequent supporting measures should be practical and detailed. While accurately grasping the dynamic real-time data, the data information should be shared and linked with relevant industries and departments in time, thus reducing traffic congestion, realizing effective diversion and improving the consumption experience of holiday travel.

　　(4) It is suggested that relevant responsible subjects establish holiday public opinion accounts to clarify the "real accounts" of public opinion. Fully explore and identify the fundamental problems behind the expression of public opinion and emotional release, and realize the guidance and repair of consumer emotions through active intervention and control in advance, resolution in the event, and summary and improvement afterwards.

During the Spring Festival, a notice of "Beijing police" shocked the circle of friends: the police solved a shocking murder and dismemberment case. The reason why this news can spread quickly in the circle of WeChat friends stems from the details of the case reported by the police: murder, dismemberment, dismemberment, dumpling stuffing and human tissue. This series of chilling and carefully thought-out words can easily cause public panic and disrupt social order, especially in such a traditional festival.

Yan Mouliang pretends to be the P picture of the police.

As a result, the news of this circle of friends quickly caught the attention of the Beijing police.

On February 5, the suspect Yan Mouliang was criminally detained by Shunyi police according to law.

The truth finally came out, and the notice of the so-called vicious murder dismemberment case was nothing but false news fabricated by Yan Mouliang. The police investigation pointed out that the news was fabricated, which means that there was no murder and dismemberment case, nor was it the news of Fengtai police, that is, Yan Mouliang fabricated such a news at home in order to gain attention or repost, which belongs to a very bad category.

Screenshot of the notice of Beijing Public Security Bureau official micro "Safe Beijing"

On February 7th, Beijing Public Security Bureau official micro "Ping An Beijing" released a message saying: During the festival, someone in the WeChat group faked the names of Beijing Public Security Bureau official Weibo "Ping An Beijing" and Fengtai Public Security Bureau official Weibo "Fengtai Police" and fabricated and spread false information about the murder and dismemberment case. After work, the police have arrested the suspect Yan Moliang (male, 36 years old, from Shunyi, this city). After review, Yan Mouliang confessed to the fact that he fabricated false information and spread it in the WeChat group.

Coincidentally.

On January 28th, a Weibo of Weibo user "Fish Sauce" caught fire:

Many netizens left messages in their Weibo: It is responsible to spread rumors.

Ran goose … … She didn’t listen, still continue:

Of course, she succeeded in attracting the attention of the police.

Why send such a circle of friends, Weibo will be criminally detained! Criminal!

On October 30, 2015, the Supreme People’s Court and the Supreme People’s Procuratorate jointly issued the Supplementary Provisions (VI) on the Determination of Crimes in the Implementation of the Criminal Law of People’s Republic of China (PRC), which supplemented or amended some crimes applicable to the criminal law, including the crime of fabricating and intentionally spreading false information.

According to the provisions of the Criminal Law Amendment (IX), one paragraph is added as the second paragraph in Article 291 of the Criminal Law: whoever fabricates a false danger, epidemic situation, disaster situation or police situation and spreads it on the information network or other media, or knowingly and intentionally spreads it on the information network or other media, thus seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control; If serious consequences are caused, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

It’s a cliche that the Internet is not a place of extra-legality, so it’s very important to study law!

　　Zhangzhou, China, April 15 (Reporter Bai Jiege) According to the Voice of China report, people who have played real CS are no strangers to simulation guns. However, a Fujian teenager never imagined that an online shopping brought him jail. Two years ago, 18-year-old Xiao Liu bought 24 "simulation guns" online from a seller in Taiwan Province, but they were seized by the customs. After identification, 20 of them turned out to be guns.

　　In August 2014, he was sentenced to life imprisonment for the crime of smuggling weapons. The court held that buying and selling simulation guns was prohibited by law, and the smuggled simulation guns were identified as guns, which constituted the crime of smuggling weapons, and the circumstances were particularly serious.

　　Although it is final, lawyers believe that the details of the purchase link are still controversial. This week, the Higher People’s Court of Fujian Province has filed a case for review. So, how did the simulation gun become a real gun?

　　The last time Ms. Hu saw her son Xiao Liu was on March 20th this year. She visited Zhangzhou Prison in Fujian once a month. Ms. Hu said that he was very pessimistic. He always feels that he has been sentenced to life imprisonment, and no matter how good his performance is, he will be about our age.

　　In 2014, at the age of 18, Xiao Liu bought 24 "BB guns for survival games" from a seller in Taiwan Province through the Internet in his hometown in Sichuan, with a total price of 30,540 yuan.

　　Ms. Hu said that she knew that he had discussed with herself, "He likes to play this game. We also told him at that time, so just buy one or two, not so many. He told us that if one or two were delivered in Taiwan Province, it would take 30,000 yuan to deliver the goods."

　　Xiao Liu didn’t get these guns, but waited for the customs staff at home: "The money was later returned. I heard that the seller told my son that this thing was detained by the customs and I will return the money to you." Ms. Hu said that it took more than a month from buying things to returning money, and it took more than half a month for people who came to the customs to go home.

　　Ms. Hu said that at first they didn’t realize the seriousness of the problem: "Because they didn’t receive anything, they didn’t see anything. We think it may be closed at most and will be released in a few months. "

　　On September 29th, 2014, Xiao Liu was arrested on suspicion of smuggling weapons. On April 30 last year, he was sentenced to life imprisonment by the Intermediate People’s Court of Quanzhou City, Fujian Province for smuggling weapons. On August 25, the Higher People’s Court of Fujian Province rejected the appeal and upheld the original judgment.

　　Lawyer Xu Xin, a professor at Beijing Institute of Technology Law School, became Xiao Liu’s defender after this. Last November, he met with Xiao Liu: "His state is very bad, and he feels very wronged and incomprehensible. He said that he just had such a hobby, and he was suddenly sentenced, and it was life imprisonment. He felt that life was hopeless and desperate. "

　　Combined with the materials written by Xiao Liu, Xu Xin filed a plea of innocence with the Higher People’s Court of Fujian Province: the main reason for making a plea of innocence is very sufficient, because one of the biggest problems found in the process of studying this case is that it is very likely that his simulation gun was not bought by the party concerned.

　　Xu Xin said that the judgments in the first and second instance only proved that Xiao Liu was shopping with a seller named "Blue Sea and Blue Sky" and that a couple from Taiwan Province delivered goods to Xiao Liu, but it could not prove that the couple from Taiwan Province were "Blue Sea and Blue Sky": "The key problem is that the guns he bought are different from the guns he was detained at last. The biggest difference is that the four long guns he bought are all rechargeable, but all the detained guns are inflatable."

　　Xu Xin also questioned some evidence in the judgments of the first and second instance. He said that Xiao Liu only bought a toy gun, and there was no subjective intention and no harm: he bought a gun for his own fun and collection, and subjectively there was no criminal intention. And objectively, he didn’t commit a crime. He didn’t get the gun at all, and objectively, he didn’t receive it.

　　For a non-standard gun that can’t fire standard ammunition, it also looks like a gun. Is it a real gun or a simulation gun in law? In the "Regulations on Performance Appraisal of Firearms and Ammunition Involved by Public Security Organs" issued by the Ministry of Public Security of China in 2001, the judgment standard is to shoot with a dry pine board with a thickness of 25.4mm, and the muzzle is 1 meter away from the board. If the warhead penetrates this pine board, it is judged that this gun is enough to cause death; The bullet or shrapnel stuck on the pine board, which proves that the gun is enough to hurt people. The above two cases are identified as guns, that is, real guns. In 2010, the Ministry of Public Security revised the "Work Regulations", which did not mention the identification method of this experiment, but clearly stated that the muzzle specific kinetic energy of the projectile fired was greater than or equal to 1.8 Joule/cm2, and it was all recognized as a gun. In 2007, the related Standards for Identification of Simulation Guns and Criteria for Forensic Scientific Appraisal of Guns’ Injuries mentioned the demarcation value of 1.8 Joule/cm2, which is based on the fact that it can cause minor injuries to the most vulnerable part of the human body-bare eyes, but it cannot penetrate the skin.

　　The change of this standard has caused controversy. Xiao Liu’s defense lawyer Xu Xin said: "His case involves the biggest problem, and it is also the biggest motivation for me to pay attention to this case because it involves more and more ordinary people. Because of the current identification of China simulation gun, the standard for identifying it as a real gun is very low, that is, the muzzle specific kinetic energy is 1.8 Joule/cm2, which is equivalent to one-ninth of the standard in 2001, which is much lower than the old standard. Only one red dot can appear at close range, and the skin can’t be injured. "

　　According to the inquiry of Zhu Zhengfu, a member of Chinese People’s Political Consultative Conference, the standard for determining the lethality of firearms in Japan and Taiwan Province is 20 Joules/cm2, which is 11 times that of the current standard of China Ministry of Public Security. Therefore, guns that are legal toys in neighboring countries and regions will be identified as "guns with China characteristics" as soon as they enter the country, and the punishment for the relevant parties will be the same as the real gun case. Therefore, in the proposal of the National People’s Congress this year, Zhu Zhengfu proposed to re-examine the relevant gun identification standards.

　　In order to visit his son and complain about his case, Xiao Liu’s parents left their hometown in Sichuan and went to work in Fujian. Xiao Liu’s mother, Ms. Hu, said that they had been unable to contact the sellers in Taiwan Province after the incident. She learned this week that the Fujian Provincial High Court has filed a case review of Xiao Liu’s case.

　　Some media also quoted the relevant person in charge of the Fujian Provincial High Court to confirm this statement.

Without spending a penny, Cao Wei, then the deputy director of Xianyang Vehicle Management Office in Shaanxi Province, became a partner of Youke Examination Room, responsible for greeting and unblocking the relationship. Over a year, the examination room collected more than 14 million yuan in "insurance fees", and the deputy director shared more than 5 million yuan in "profits".

On March 19th, China Judgment Document Network published the first-instance judgment of Cao Wei, the former deputy director of Xianyang Vehicle Management Office. Cao Wei was sentenced to 10 years in prison and fined, and his illegal income was recovered.

> > case revelation

Cao Wei thus got more than 5 million "profits".

1) I heard that Youke Examination Room was going to be contracted out, and Cao Wei made representations and finally signed a contract agreement.

2) Li is the actual operator of the examination room.

3) Five people from Cao Weila contributed 1.5 million yuan, and the rest was paid by Li.

4) Cao Wei doesn’t invest a penny, but is responsible for greeting and smoothing the relationship so that more candidates can pass.

5) The examination room made a profit by collecting students’ "insurance fees", which amounted to more than 14 million yuan, and Cao Wei got more than 5 million yuan.

Driving schools let students "guarantee"

1) Subject 2, Subject 3 Examination:

According to the regulations, registration is required at a ratio of 2:1, and the pass rate of each examination room is about 60%.

In order to make the students who have paid the "insurance fee" qualified, the driving school that has greeted will report the number of people in proportion. If there are 10 people who have paid the "insurance fee", 5 people will be reported in proportion. If these five people are not present at the exam the next day, they will definitely fail. This will ensure that all the students who have paid the "insurance fee" are qualified.

2) Subject 1 and Subject 4:

Students who have paid the "insurance fee" will be arranged in the last two rows, and the staff will kneel on the ground to guide the answer.

> > > The deputy director signed an internal contract and made a profit by dredging the coordination relationship.

Cao Wei, a 38-year-old native of Xunyi County, has a college education and is the former deputy director of the vehicle management office of the traffic police detachment of Xianyang Public Security Bureau.

In July, 2018, the Supervision Committee of Xianyang received a report from the masses that Cao Wei had work style and economic problems. Cao Wei was taken away for investigation that month, and was arrested by Xianyang Procuratorate in September of the same year.

The Weicheng District Court of Xianyang City found through trial that the defendant Cao Wei had received more than 5.45 million yuan (including a Volkswagen Touareg SUV worth more than 650,000 yuan) from Li, the actual operator of Shaanxi Youke Motor Vehicle Driver Training Co., Ltd.

At the end of 2016, Cao Wei, then deputy director of the Vehicle Management Office of the Traffic Police Detachment of Xianyang Municipal Public Security Bureau, learned in a chat with Wenmou, the actual owner of Shaanxi Youke Motor Vehicle Driver Training Co., Ltd. that the Youke examination room operated by the company was to be contracted out, so he negotiated with Li (handled separately) that Li would contract and manage the examination room. Cao Wei arranged for Li to negotiate with Wen, but Wen refused to contract with Li. Cao Wei came forward personally, and Wenmou agreed based on Cao Wei’s status as the deputy director of the vehicle management office in charge of driving test. On March 25th, 2017, Wenmou signed a letter of responsibility for internal contracting operation with Cao Wei on behalf of the company. The contract stipulated that subjects II and III in the Youke examination room would be contracted to Cao Wei, with a contracting fee of 6 million yuan/year and a contracting period of two years. At the same time, they verbally agreed to hand over subjects 1 and 4 to Cao Wei.

After the contract was signed, Cao Wei and Li discussed the capital contribution and dividends. Cao Wei proposed to bring in five people, including his friend Gao, and let them make a total investment of 1.5 million yuan, all of which are under Gao’s name, and the remaining contract fees will be settled by Li. In terms of profit distribution, five people will be allowed to return their capital in one year, and the subsequent money will not exceed the principal of their investment every year. Cao Wei will not contribute, and the remaining profits will be divided equally between Li and Cao Wei. Li will organize personnel and be responsible for the daily management and operation of the examination room, and Cao Wei will be responsible for coordinating and dredging the relationship to ensure the stable operation of the examination room and maximize the normal and illegal interests.

After discussing the above matters, Li became the actual operator of Youke examination room, and Cao Wei used his position to greet the examiners, driving school leaders, software companies and examination room inspectors of Youke examination room, so that relevant personnel could relax invigilation, increase the number of examiners in the examination room and relax the scale of the examination system of software companies in order to allow more candidates to pass.

> > > Received more than 5 million yuan of "profits" from the examination room in 11 times, and demanded a bribe of 200,000 yuan.

The main income of Youke examination room is divided into two parts, one part is all the normal examination income of subjects 1 to 4, and the other part is the "insurance fee" for candidates from subjects 1 to 4 in addition to the normal examination income. From April 2017 to July 2018, the Youke examination room collected a total of more than 14 million yuan in "insurance fees". From April 2017 to July 2018, Cao Wei received more than 5 million yuan of "profit" from Li’s examination room in 11 times. In May 2017, Cao Wei handed over 200,000 yuan of the 5 million yuan received to Li to pay the down payment for car purchase. Subsequently, Li arranged for Zhao to pay the remaining purchase price of 450,000 yuan to buy a Volkswagen Touareg off-road vehicle for Cao Wei.

In addition, Cao Wei also demanded a bribe of 200,000 yuan from Li on the grounds of personnel adjustment and job promotion.

In October 2018, Cao Wei was expelled from the party membership and public office, and all the more than 5 million yuan received was returned to the court account, and the off-road vehicle involved was transferred with the case; In December 2019, Cao Wei’s family paid a fine of 200,000 yuan.

Cao Wei confessed that from March 2015 to the time of investigation, he had been the deputy director of the vehicle management office, responsible for the city’s driver examination. As a public official, I didn’t want to sign the contract, but Wenmou strongly disagreed. After repeated consultations, Cao Wei signed the contract.

Cao Wei also took care of the Youke examination room, such as greeting the examiner, driving school, vehicle management office examination room, etc., and taking care of the examination scale, the passing rate of the examination room and the examination and inspection of the examination room.

Li said that the normal income of subjects 1-4 in Youke examination room is only enough for the usual expenses, and the main way to make a profit is to collect students’ "insurance fees". With the convenience of Cao Wei’s status as deputy director, this part of the fees can be collected conveniently, and the profit of the examination room will be improved.

> > > In order to ensure the smooth passing rate of the exam, the empty newspaper staff will not take the exam.

Zhao, the director of the examination room, said that "guaranteeing fees" is illegal, that is, the examination room gives priority to ensuring that students who pay this part of the fee pass the exam by bribing the examiner and cheating themselves.

Zhao is in charge of subject 2 and subject 3, and only meets with the driving school principals. During the mock exam the day before the exam, some driving school principals will provide Zhao with a list of people who need to be insured. Zhao will charge according to the standard of "insurance fee" in the examination room, and then the money and list will be handed over to Li by Zhao, and some driving school principals will directly hand over the list and "insurance fee" to Li.

The examination room has special requirements for the registration of subject 2 and subject 3 of the driving school branch, and the registration is made according to the ratio of 2:1. For example, there are 10 people who have paid the "insurance fee", and 5 people must be reported in proportion. These five people are called "airdrops" in the industry. They are not present at the examination the next day, and these five people will definitely fail, so as to ensure the smooth passing rate of the examination in the examination room. Because the traffic police detachment has requirements for the pass rate of each examination room, which is about 60%, in order to ensure that the personnel who have paid the "insurance fee" occupy the pass rate, the unqualified rate can only be guaranteed by this method.

The examination room computer software will control the examination system, and the list of students who have paid the "insurance fee" will be entered into the examination room computer software, with a very high pass rate, which is the same for subjects 2 and 3. Subject 1 and subject 4 are to arrange the students who have paid the "insurance fee" in the last two rows, and the staff will kneel on the ground to guide the answer.

> > > In the first instance, he was sentenced to 10 years in prison and fined 500,000 yuan, and the illegal income was confiscated.

The court held that the defendant Cao Wei, as a national staff member, used him as the deputy director of the traffic police detachment vehicle management office of Xianyang Public Security Bureau to take charge of the job convenience formed in the driver’s test and the examination room in charge of the city, and solicited and illegally accepted other people’s property for many times, totaling 5,659,547.56 yuan, seeking benefits for others, which was extremely huge. His behavior violated the normal working order of state organs and the system of building a clean government in the country, and constituted the crime of accepting bribes.

Defendant Cao Wei demanded 200,000 yuan from Li, the actual operator of Youke Examination Room, on the grounds of promotion, which was a bribe and should be severely punished.

In view of the fact that Cao Wei can truthfully confess his crimes after being brought to justice, he can be given a lighter punishment according to law. Being able to plead guilty in court, sincerely repent, return the stolen money, pay part of the fine, and truthfully confess other crimes of the same kind that the case-handling organ has not yet mastered, may be given a lighter punishment as appropriate.

In the first instance, the court sentenced the defendant Cao Wei to 10 years’ imprisonment and fined 500,000 yuan for accepting bribes. More than 5 million yuan of illegal income and a Volkswagen Touareg off-road vehicle were recovered and turned over to the state treasury (recovered).

On January 4th this year, Huashang Daily also reported that four people, including the police and examiners of Xianyang Vehicle Management Office, accepted the examination room and were all sentenced for accepting bribes.

(Original title: Zero-funded behind-the-scenes boss of the driving test venue, receiving more than 5 million yuan in "profits" for more than a year; Cao Wei, former deputy director of Xianyang Vehicle Management Office, was sentenced to 10 years in prison and fined 500,000 yuan for accepting bribes.