Newsletter from China Orient
竖卷形: No 0601
Friday
Jan 27th, 2006
 

 


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Edited by China Orient Business Investigation Co., Ltd

International News     News Research    Industry News         Latest Rules   

 

International News

China’s development brings opportunity to the world

Klaus Schwab, the chairman of The World Economic Forum, expressed on 25th that the quick development of China is Challenge as well as is opportunity to the whole world; it can manage to double win via the effort.

 

When accept the cover of reporter, Schwab said china’s development is challenge without fail, at the same time it’s opportunity. Every country should come to double win via the effort. He also said the outside should get much more understand about China. He believed that, State Council Vice-Premier Zeng Yanpei attends the world economics forum has made the contribution for strengthening understood mutually, he hoped China send more people attend the forum next.

 

At the press conference before the forum annual meeting, Schwab say, Chinese and India's development is one of this forum’s core subjects; both countries’ development has brought the quite tremendous influence for the entire world. The other two cores subjects are the technical renewal and the world economics situation forecast in 2006. He believed that, the world is experiencing "the technological revolution". In this time, the true competitive advantage comes from the innovation. He said, in future only the country which carries out the innovation in social each stratification plane can be able to become the winner.

 

The world economics forum is held every year in small town Dawosi of east Switzerland, this year the annual meeting’s subject is " exploit innovation, grasp the future", more than 2,300 representatives, including some national leaders and the big company’s leaders come from 89 national and local attended the conference.

People's Bank: Five kinds of measure guarantee individual credit information’s privacy safety

The nation unifies individual credit information foundation database already official moved in January, 2006. Individual credit report has contained the massive individual credit privacy, but this information will be protected in the greatest degree.

The information center’s principal of The People's Bank of China introduce on 16th that the information center takes five kinds of measure to guarantee individual privacy security.

Authorized inquiry. Except the special need of the related department, nobody can see individual credit report without the individual written authorization. Certainly, if individual has already borrowed the funds from some bank, or has used its credit card, that this bank will not need to win individual approval, might examine individual credit report: After the bank loans the money, needs to understand the person newest situation at any time, guarantees the security of the bank fund.

Defines the use. "Individual Credit Information Foundation Data bank administration Tentative method" has explicitly stipulated that, Besides myself, the commercial bank only then when handles service and so on loan, credit card, guarantee business, or the management of the loans funds, or the credit card which has sent out can examine individual credit report.

Safeguard security. The database which storage the individual credit report is extremely safe. Individual information is through the special line of secrecy to transmit from the commercial bank to information center’s individual credit information foundation database, this process has not any artificial intervention, and it’s managed by computer automatically. The overall system has used the most advanced management system of computer anti-virus and guards against the hacker attack, its security is domestic first-class.

Inquires record. Individual credit information foundation database also manage the commercial bank credit personnel (namely database user) who examined individual credit report , each users must register the registration, moreover the computer system also automatic tracking and records each user’s situation of inquire individual credit report, and demonstration in individual credit report.

Contrary punishment. "Means" explicitly stipulated, the commercial bank if violates the stipulation to inquire individual credit report, or will inquire the result to use in other goals outside the scope of stipulating, are ordered to correct, at the same time, will punish fines by 10,000 Yuan above 30,000 Yuan below; Is a suspect the crime, then legally will turn over the judicial organ to process.

The People's Bank’s information center to remind at the same time, when fills in the credit operation request form personally, must pay attention on the authorized inquiry provision or other written authorized documents. Must inquire own credit report regularly, according to the credit report in inquiry record, judges whether has the suspicious situation, discovered the inquiry which without individual authorized, please promptly report to the information center.

News Research

Google purchase radio commercial company dMarc Broadcasting Inc. (Next calls "dMarc") by 1.2 billion US dollars prices

Google Corporation depends on the network world to continue to expand its advertisement service, the company expressed will purchase radio commercial company dMarc broadcasting Inc. (Next calls "dMarc") by 1.2 billion US dollars prices.

 

According to the agreement (US Eastern Time) announces on 17th, Google will pay the dMarc at least 102 million US dollars cashes, if realize the benefit as scheduled after purchase, Google still have to extra pay 1.14 billion US dollars in three years. This advanced payment obviously cannot bring any pressure to Google. The entire September, there are 7.6 billion US dollars cashes and the circulation negotiable securities in Google hand altogether, although before this, it also pledged helps in turn to the time Warner Corporation's American on-line note 1 billion US dollars, cash is also more than sufficient. In the Nasdaq stock market's transaction, the Google stock’s price rose 86 cents at the same day, receives in 467.11 US dollars.

 

After the purchase, Google plan integrates the dMarc technology to the company’s advertisement language platform. The vice- president Tim Armstrong who take change in the advertising sales service state that, "Google pledged develops the new method, expands the rich profit advertisement service to other media as scheduled." At present, Google has already bought many printing publications (e.g. technical magazine) advertisement service.

Industry News

Private spying ——the forerunner of private relief

On one hand, private spying does not permit for the country, on the other hand massively exists in the reality, then if the private spies have the rationality to exist? From the legal reality, the suitable private investigation behavior truly has the necessity of existence.

Firstly, the existing public relief programming existence disappointment, this causes the populace to seek the private relief for help. The 170th item of our country Law of Criminal Procedure stipulate, “the slight criminal case which the victim has the evidence proved" and " behavior which the victim has the evidence to prove the accused person encroaches upon oneself person and the property right " must investigate the legal responsibility legally, and the case which the public security organ or the People's Procuratorate do not give investigated the accused person’s legal responsibility, the litigant may mention the criminal private prosecution. But is not everybody all has the ability of investigating and collecting the evidence, at this time the litigant has to choose private relief to maintain their right.

Secondly, the private relief may save the national judicature resources. At present, our country's society credit system has not established, situation of owe debt are many, if these cases all must solved through the legal proceeding, can create huge pressure to the judicial department without doubt. Therefore, the private relief appears extremely necessary.

Thirdly, it’s hard for the public relief to collect evidence of ones emotion question. At present the most primary service of the private spies is to investigate the question of support concubine in the marital relations. This kind of question involves to individual private life, the evidence’s collection quite is difficult, therefore seeks the private relief for help appear very necessary.

 

Latest Rules

 

The prepare and disclose methods of the direct sale enterprise’s information

 

Item 1   According to the 28th item of Direct Sale Act of Administration formulates this means.

 

Item 2   The direct sale enterprise should establish the complete information storage and disclose system, and accepts the supervision of related department and the surveillance of social public's.

 

Item 3   The department of commercial affairs and the national industry and commerce administration bureau (hereafter refers to as industry and commerce bureau) the manage website of the direct sale profession should announce the following content to the society:

a.    The rules about laws and statute

b.     The bulletin of the direct sale product’s range.

c.    The name of direct sale enterprise and its product.

d.    The direct sale enterprise branch office name list of provincial level and its service website;

e.    The bail use situation of direct sale enterprise.

f.    The pattern of direct seller’s certificate  and the trainer’s certificate

g.    The punishment situation of direct sale enterprise, direct sale trainer and direct seller.

h.    Other information which need to pronounce.

 

Item 4   Direct sale enterprise discloses the information to the society through its established Chinese website. The established Chinese website is the important constituents of the direct sale enterprise to storage and discloses its information, and should link with the manage website within 3 month from the day obtain direct sale certificate.

Item 5   Direct sale enterprise should real, accurate, and prompt and completely disclose the information to the social public when it sets up:

A.    The total number of direct seller, the total number, the name list, the direct sale card number, the occupation and relieve contract’s personnel name list with the direct sale enterprise of each provincial levels branch office.

B.    Direct sale enterprise and its branch office’s name, address, contact method and principal, service website name, address, contact method and principal.

C.    The direct sale product’s catalog, retail price, quality and the standard instruction, as well as the direct sale product’s  principal constituent, suitable crowd, the use matters needing attention and so on which the consumer should beforehand knows

D.    The direct seller’s reward and the encouragement system

E.    The ways, address and situation of direct sale product’s exchanges a purchase.

F.    The after service department, function, suit telephone and suit disposal procedure;

G.    Direct sale trainer’s name list, training and test plan

H.    The treatment situation of involves the enterprise’s significant lawsuit, arbitration item.

Item 6    The direct sale enterprise should prepare the last month content to the department of commercial affairs, the industry and commerce bureau through the direct sale profession manage website each month before 15th when it sets up:

A.    The situation of deposit and hand in.

B.    The clear situation of direct seller’s earning and ratepaying.

a.     Direct seller’s earning and ratepaying per month

b.     The proportion of the direct sale direct sale income amount occupies the total income to sell the product directly to the consumer.

C.    Enterprise’s sale outstanding achievement and ratepaying situation

D.    The records of direct trainer

E.    The other content which need to put on records.

Item 7   Direct sale enterprise should publicize Item 5’s content of this means in annual April by the way of enterprise annual report.  

Item 8   the product explained and any propaganda material which direct sale enterprise and the direct seller used must be consistent with the content which disclosed by the direct sale enterprise.

Item 9   Direct sale enterprise has not  disclose according to  Direct sale Act of administration and this means, or the information disclosed  by the direct sale enterprise is false, serious misleading statement or significant omission should be punished according to item 50 of Direct sale Act of administration.

Item 10   This law is explained by the department of commercial affairs, the industry and commerce bureau
Item 11   This law
execute from Dec 1st, 2005