Newsletter from China Orient
竖卷形: No 0512
Monday
Dec 26th, 2005
 

 


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Edited by China Orient Business Investigation Co., Ltd

International News     News Research    Industry News         Latest Rules   

 

International News

Next year will start the Olympic Games’ticket work

In 2008 the Beijing Olympic Games' tickets will start in the first half year of 2007; creativity plan, theme song and other opening ceremony collection preparatory work of Olympic Games has launched one after another at present. Yesterday morning, Beijing Deputy Mayor Liu Jingmin was a guest of Beijing city management broadcast "City Zero space ", when introduced Olympic Games preparation work, he said.


The tickets of Olympic Games can’t be hard to get, in allusion to civil questions, he showed that the tickets will be short at that time, the next later half year will start the tickles work and the sell work will start from the first half year of 2007.

 

Liu Jingming introduced that the sell work inside and outside of country will be open and lucidity, most of the tickles should be sell via the market. The outside country’s sell work is organized by Olympics committee from 202countries.

The open ceremony will have 91000 seats and the scope of the tickle sell will increased as possible. Inaugurate ceremony’s tickets and some pop game’s tickets will be more expensive, but most of the tickets will consider the buying ability of civilians.

 

The China judicial reform goes into seriously the fair connotation   clear division authority boundary

on December 21 the weekly "Looks" printing article to point out that, in 2005, Chinese the supreme court and supreme  inquisition to propose separately the next stage reform plan, becomes the biggest luminescent spot of this year judicial reform. The reform plan of "Two high", clearly divides the authority boundary, safeguard the just of society, and provide the formidable system power for further advanced the judicature fairly.

Youth politics institute law department Director Lin Wei believed that fair and efficiency is the measure core concept of the Supreme Court and Supreme Inquisition reform also is key word of two high reforms summaries reform. In the judicial reform process, fairly and efficiency is the important target of entire judicial system, how can achieve the same efficiency goal in the concrete system to maintain a kind of good balance fairly, always is an important standard to weighs whether a system healthy is good or not.

The article pointed out that, above this goal foundation, the human rights idea obtains the further value. Regardless of is the Supreme People's Court or is Supreme People's Procuratorate's some concrete measures, in a greater degree, all is for safeguards the realization of human rights finally, and through clear about the trial and procuratorial agency's authority boundary, the responsibility and so on, on the one hand must through the judicial safeguard human rights, on the other hand must safeguard litigant's right safeguard in the judicial process, avoids judicial behavior itself infringe the human rights.

News Research

The North American Air Defense Command traces the Santa Claus 50 years achievement happy fairy tale

on December 26 reported according to Associated Press, The North American Air Defense Command's responsibility is responsible to each kind of supposed threat to American and Canada's, but in the past more than 50 years, innocence child telephone the North American Air Defense Command continuously, inquired Santa Claus’s whereabouts, moreover the North American Air Defense Command's staff also persisted achievement this nice fairy tale, answer the children’s inquiry form all over the world.

Under many social group's help, the North American Air Defense Command already broadcast Santa Claus's position on the Internet with English, French, German, Italian, Japanese, Spanish and so on the multi- countries language for the curious children. They even use the telephone and the email replied innocence child’s inquiry. In more than half centuries, this method already became the tradition of North American Air Defense Command in a Christmas day eve.

In the broadcast of the Santa Claus whereabouts, North American Air Defense Command said that Santa Claus is appears in the North Pole at first. The North American Air Defense Command's staff can tell the children: "Santa Claus appeared in the North America sky, he was riding the sled to drive toward Canada's east coast, and then he could pass through New Zealand, Australia, Japan, China, Nepal and India one after another."

In last year Christmas day eve, the North American Air Defense Command also has provided Santa Claus's position in a website, this website attracted children comes from 181 national browsing at that time, and the clicked times surpass 900000000, they have also answered the nearly more than 55,000 inquiries telephones.

According to the North American Air Defense Command's record, this tradition first originate in 1955, at that time person called Sears - Roebuck  publish a small advertisement in a local newspaper, he told the children in the advertisement if they wanted to know Santa Claus's position might dial telephones to inquiry.

Industry News

More attorney participate in government will be propitious to nomocracy’s establishment

The modern civilized country, exists not one exception is the country under the rule of law. But the nomocracy not only needs set of perfect legal frameworks and the judicial system, also needs all national to have "the nomocracy spirit". The government personnel's legal quality must be higher than the ordinary populace especially. The administrative official must have the thorough understanding of the law which involves to his administrative activity, knew the boundary of the authority, use which type of procedure to exercise the authority. As for the organization which is engaged in the legislation, the surveillance generation discusses, and then needs its qualifications member while full reflection public opinion, also has the ability of legislation’s skill and participates in government. Of but attorney practices is the best ways to raises one’s this kind of skill and ability.

Attorney practice can raise attorney's legislation technique. Attorney itself has received the systemic legal education, thus familiar legislates principle. They knew that, how the law does formulate can achieve reasonably. They are engaged in the legal practice year to year, excels to study legal detail, the experience make them to know, how to establish the laws and regulations can reduce the loophole in the detail, thus safeguards the populace right.

China's attorney industry has restored since last century 80's, already gradually forms a community which have the social influence. They gradually participate in government's legislation, the policy-making activity through each way, including shoulder government’s legal advisor, participate to draft laws and regulations. At the same time, they also start to enter all levels of National People's Congress and the Political Consultative Conference, attorney represent and committee member's proportion rise with steady steps. Attorney's entering, has a positive role for raising the legislation level of National People's Congress and the Political Consultative Conference, appropriately exercises the statutory power. More and more attorneys enter National People's Congress and the Political Consultative Conference, lets skill and experience which attorney accumulates, obtains a more effective use outside the judicial domain.

But in many areas, attorney's work environment also needs further improvement at present, otherwise, attorney's skill and the experience, cannot play a more widespread role to the society. Certainly, whether attorney can thoroughly participate in government, has a close correlation with attorney’s work environment. Attorney first must serve for the litigant, only then fully safeguards attorney’s each right in the process of handling a case, they can fully safeguard litigant's right and the benefit, thus wins litigant's respect and the accumulation of prestige. In turn, this also will create the good condition for attorney to participate in government.

Latest Rules

The bail saves and use manage method of direct sale enterprise

Item 1    According to "Direct sale Act of administration" the stipulation of section 2 item 34, formulates this means.
Item 2   Enterprise applies for the direct sale should submit its special bail account certificate which opened by authorized bank, the amount is 20 million RMB .The bail is cash.

Item 3   The special bail account agreement which direct sale enterprise signs with the authorized bank should include the following content:
   (1) According to the written decision of department of commercial affairs and the national industry and commerce administration (hereafter refers to as industry and commerce bureau) ,Authorized bank pay the bail.

(2) Direct sale enterprise can not violate "Direct sale Act of administration" to use the bail arbitrarily, cannot guarantee to outside with the bail or violates the stipulate of "Direct sale Act of administration" uses the bail to discharge a debt;

(3) Authorized bank should promptly notice the bail account’s situation to department of commercial affairs and the industry and commerce bureau, the department of commercial affairs and the industry and commerce bureau may inquire the direct sale enterprise ‘s bail account.

(4) Direct sale enterprise and authorized bank‘s right, duty and dispute solution way.

Item 4    After direct sale enterprise starts to be engaged in the direct sale management action for 3 months, the bail amount should adjust monthly. The direct sale enterprise will write up its last month sales volume effective proof document to the authorized bank before15th of next month , and through the management website of direct sale profession sets up a file to the department of commercial affairs and the industry and commerce bureau. The direct sale enterprise responsibility to the proof document’s authenticity and integrity which provided, the authorized bank must verify the document.

Item 5    Appears one of following situations, the department of commercial affairs and the industry and commerce bureau decided together may use the earnest money:

(1) Without warrant, the direct sale enterprise does not pay to the direct sale, or does not draw back the loans to the direct seller or the consumer.

(2) Direct sale enterprise occurs the situation of shutout, unite, dismisses, atom transfer or bankruptcy and so on, is incapably pay to direct seller or the consumer

(3) Because the direct sale product’s question, causes the losses to the consumer, must carry on the compensation legally, the direct sale enterprise does not have the warrant refuse to compensate.

Item 6  according to "Direct sale Act of administration" and this means fifth stipulation, direct seller or the consumer who request use bail, must hold the effective the written judgment or the mediation book of court, hands in the application to the provincial level commerce department or the industry and commerce administration department, the provincial level commerce department responsible for the work or the industry and commerce administration department should send the applies to the department of commercial affairs and the industry and commerce bureau in 10 working days.

Item 7   After pay the bail according to this law, the direct enterprise should make up its bail amount to the stipulation level of section 2 item 4.

Item 8   The use information of the bail, direct sale enterprise   must promptly disclose to the society through the management website of the department of commercial affairs and the industry and commerce bureau

Item 9    direct sale enterprise which is no longer engaged in the direct sale activity, depends on written certificate which the department of commercial affairs and the industry and commerce bureau writes up, may bring back the bail from the authorized bank.

Item 10    direct sale enterprise which violates the stipulation, should be punished according to item 51 of "Direct sale Act of administration".

Item 11   Department of commercial affairs and the industry and commerce bureau are responsible for the daily supervising and managing work of the direct sale bail together.

Item 12   This law are explained by the department of commercial affairs, the industry and commerce bureau

Item 13   This law execute from December 1, 2005.