Chinese Medicine Law of People’s Republic of China (PRC)
                                                                                                                                                                                                                             
Tesla is in trouble again! Model 3 car purchase guide
For example, this car is often mentioned as a space problem. So whether this car is a mule or a horse, let’s take a look at its actual performance.
First of all, from the appearance, the front face style of Model 3 looks more atmospheric, and the grille uses a blackened shape, which makes people unforgettable. Headlights are very in line with consumers’ aesthetics and can win the love of young people. The car is equipped with LED daytime running lights, automatic opening and closing, adaptive far and near light, delayed closing and so on. Come to the side of the car, the car body size is 4724MM*1848MM*1430MM, the car uses delicate lines, the car side gives people a very simple feeling, with large-size thick-walled tires, eye-catching shape. In the design of the rear end, the overall shape of the Model 3 rear end echoes the front end, and the taillights are very fashionable and generous, and the overall layout is impressive.
Sitting in the car, the interior adopts a sharp design, and the overall visual effect is very distinctive. The car’s three-spoke steering wheel is simple in shape, made of genuine leather, and has a good grip. Let’s take a look at the central control. The car is equipped with a stylish and generous touch-control LCD central control screen, which makes the interior style impressive and gives people a feeling full of avant-garde personality. The interior feels good. Let’s take a look at the dashboard and seats. The car is equipped with a stylish and generous dashboard, which looks very fashionable and dynamic. The car adopts leather-like seats, equipped with functions such as electric adjustment of auxiliary seat, electric adjustment of seat with memory, and seat proportion tilting, which makes the whole ride feel soft and comfortable.
Model 3 is equipped with a motor with a total power of 343KW and a total torque of 723N.m It has good acceleration, excellent cruising range and good power performance.
The performance of the Model 3 trunk space is relatively good, the opening size is in line with its positioning, and the family’s storage needs can be met. At the same time, the car is equipped with anti-lock braking (ABS), LED daytime running lights, brake assist (EBA/BAS, etc.), braking force distribution (EBD), traction control (ASR/TCS, etc.), main driving airbag, co-pilot airbag, side airbag curtain, front side airbag and other safety configurations.
To sum up: this class of cars can often give consideration to both cost performance and practicality, and is often considered by most consumers as the first choice when buying a car.
Reporter’s investigation: excess capacity projects running red lights
CCTV News:De-capacity is a major task of economic work this year. At present, the steel and coal industries have basically completed the task of de-capacity this year. The cement industry is also one of the serious overcapacity. The task of de-capacity is also very serious. Not long ago, someone told the column reporter that the excess capacity of the cement industry in Heilongjiang Province has not only failed to go in recent years, but new projects have been launched and the production capacity has increased. What is going on?
In Harbin at the end of November, the outdoor temperature reached MINUS 20 degrees. In Yuquan Town, Acheng District, a huge construction site is under construction.
Reporter:It’s so cold that we haven’t stopped working yet. Are we in a hurry or something?
Workers:I’m in a hurry. Can you stop work?
Reporter:Never stopped working?
Workers:No, I’m in a hurry
Reporter:Who urged, engineering department.
Workers:Engineering department, don’t let me go, it’s MINUS 26 degrees.
Outdoor construction is still going on at MINUS 26 degrees, so it seems that the construction period is tight enough. It is understood that this is a production line with a daily output of 7,200 tons being built by Jidong Cement Heilongjiang Co., Ltd.. It is understood that cement is a serious surplus industry, and it is also one of the industries that focus on capacity reduction at present. In view of the serious overcapacity problem in cement and other industries, the State Council issued a document as early as 2009 to strictly control new cement projects. In October, 2013, Guo Fa [2013] No.41 again requested all localities and relevant departments not to approve and record new capacity projects in industries with serious overcapacity in any name or in any way.
So is this cement project under construction a new capacity? The reporter came to the company office to learn about the situation.
Reporter:We want to find our general manager or be in charge of production and operation. Can you lead us to knock at his office?
Staff of the General Department of the Company:It’s beyond my scope. It’s not my responsibility.
Reporter:Whose scope is that?
Staff of the General Department of the Company:I don’t know, because I am responsible for communication and reporting, and I don’t care about anything else.
Reporter:Waiting for your director, right? Director of the general department, right?
Staff of the General Department of the Company:I can’t tell you to wait, and I don’t know who you should look for.
For the reporter’s visit, the company is unwilling to cooperate. In fact, for cement, an industry with serious overcapacity, it does not mean that new projects cannot be carried out. According to the "Implementation Measures for Capacity Replacement of Some Industries with Serious Overcapacity" issued by the Ministry of Industry and Information Technology in July 2015, it is clearly required that the capacity replacement plan must be formulated for the project construction of industries with serious overcapacity, and equal or reduced replacement should be implemented. That is to say, in order to add a new project in a surplus industry like cement, it is necessary to replace the same capacity at the same time, that is to say, to remove the same capacity. Capacity replacement is the most critical link for new projects to be launched. So did they do this work for this huge project?
After many twists and turns, the reporter interviewed the general manager of Jidong Cement Heilongjiang Company by telephone.
Reporter:Have all your capacity replacement projects been replaced?
Zhou Zhaoyin, General Manager of Jidong Cement Heilongjiang Company:Hmm.
Reporter:When is the replacement?
Zhou Zhaoyin, General Manager of Jidong Cement Heilongjiang Company:On March 7th this year, it was announced in the official website of the provincial government.
This is the announcement issued by the Heilongjiang Provincial Industry and Information Technology Commission on the website of the Heilongjiang Provincial Government. The main content is the elimination of the equivalent replacement scheme of this project. The reporter found that all the listed eliminated enterprises were eliminated in 2011. However, according to the "Measures for Capacity Replacement" promulgated by the Ministry of Industry and Information Technology in July 2015, it is clearly required that the excess capacity listed in the announcement in 2013 and beyond can be used for capacity replacement in industries with serious overcapacity. So how can these eliminated capacity in 2011 be included?
Reporter:I read the plan announced on March 7, but in that announcement, it was mentioned that all the years of obsolete enterprises were in 2011, right?
Zhou Zhaoyin, General Manager of Jidong Cement Heilongjiang Company:I don’t know about that.
Reporter:You made this, and you submitted the plan?
Zhou Zhaoyin, General Manager of Jidong Cement Heilongjiang Company:We didn’t make this plan.
Reporter:Who made the plan?
Zhou Zhaoyin, General Manager of Jidong Cement Heilongjiang Company:Then I don’t know this matter.
Speaking of the most critical procedure to start construction — — The general manager was suddenly vague about the capacity replacement plan. The reporter then went to the Industrial Policy Department of the Heilongjiang Provincial Industry and Information Committee, which issued this announcement, to understand the situation.
Reporter:Why is the production capacity in 2011 obviously inconsistent?
Li Xuedong, Director of Industrial Policy Division of Heilongjiang Industry and Information Technology Commission:It must be used as a new project after 13 years, and it must not be used. Considering that it is a problem left over from history in the province, all projects under construction in violation of regulations can use the indicators of 13 years ago.
Reporter:But it’s not an illegal project under construction?
Li Xuedong, Director of Industrial Policy Division of Heilongjiang Industry and Information Technology Commission:To say the least, it has been under construction since 10 years.
According to the director, because this project was first started in 2010, it has not been able to get legal construction for various reasons. Therefore, the province will make an exception when examining and approving, and treat it as an "illegal project under construction". According to relevant policies, if it is an illegal project under construction, the indicators before 2013 can be used. Can this statement stand?
The reporter found that at the end of this announcement, the construction project was marked as (new). What is the reason behind this obvious contradiction?
Li Xuedong, Director of Industrial Policy Division of Heilongjiang Industry and Information Technology Commission:Mainly considering that the enterprise has invested in the early stage, when we consider studying its announcement, the enterprise has invested more than 700 million yuan, considering that 2010 is a project to attract investment in our province.
It is worth noting that compliant capacity replacement is a prerequisite for the enterprise to start construction. Why did this enterprise invest more than 700 million yuan before the announcement of capacity replacement? It turns out that this is the second time that Heilongjiang Provincial Industry and Information Committee has approved the capacity replacement index for Jidong Cement Heilongjiang Project. The first time was in 2014, two years ago, the Heilongjiang Provincial Industry and Information Committee submitted the Letter on Confirming the Use of the Index of Eliminating Backward Production Capacity of Jidong Cement Heilongjiang Co., Ltd. to the Heilongjiang Provincial Development and Reform Commission, and then the Heilongjiang Provincial Development and Reform Commission approved the project accordingly. As a result, the project obtained a "birth certificate" and began to be put into construction. However, this capacity indicator replacement plan was not reported to the Ministry of Industry and Information Technology according to the procedure. In September 2014, after investigation, the Ministry of Industry and Information Technology sent a letter to the Heilongjiang Provincial Industry and Information Committee, proposing that this project should be regarded as a typical illegal approval project for informed criticism in the whole country. .
Li Xuedong, Director of Industrial Policy Division of Heilongjiang Industry and Information Technology Commission:The Ministry of Industry and Information Technology asked the province to cancel this plan, because as far as we know, what was the reason for the main cancellation plan at that time, that is, we did not declare it to the state as required, and made a public announcement. Second, it is possible that some indicators may be reused according to the requirements of the Ministry of Industry and Information Technology.
Subsequently, the Heilongjiang Provincial Industry and Information Committee sent a letter to the Heilongjiang Provincial Development and Reform Commission, revoking the Letter on Confirming Jidong Cement Heilongjiang Co., Ltd. to use the index of eliminating backward production capacity. Without the confirmation of the index of eliminating backward production capacity, it also means that this project is "new production capacity", which is strictly prohibited according to the relevant documents of the State Council. However, after more than a year of silence, the project was launched again. At the end of 2015, the bidding advertisement for this project appeared on the Internet, and the project basis was still the approval issued by the Development and Reform Commission of Heilongjiang Province. The Development and Reform Commission of Heilongjiang Province received a letter from the Heilongjiang Provincial Industry and Information Committee revoking the use of indicators to eliminate backward production capacity. It is reasonable to say that the approval of this project should be revoked, but they did not do so. What is going on?
Reporter:He revoked the letter. Why did your No.107 document become invalid accordingly?
Lin Dayong, Director of Industrial Investment Division of Heilongjiang Provincial Development and Reform Commission:Because later, after the cancellation of the Industry and Information Committee, they have been studying the production capacity index, and the province has been studying this matter and how to solve it after the withdrawal.
Reporter:What about the results of later research?
Lin Dayong, Director of Industrial Investment Division of Heilongjiang Provincial Development and Reform Commission:I asked the Ministry of industry and information technology, and then I came out with the corresponding documents.
The so-called study of the corresponding documents is the announcement made by the Provincial Industry and Information Committee on the Internet in March 2016, which is filled by the outdated elimination indicators in 2011. This behavior is obviously inconsistent with the original intention of the country to go to capacity. In April 2106, the Industry Department of the Ministry of Industry and Information Technology sent a letter to the Heilongjiang Provincial Industry and Information Committee again, pointing out the problems in this scheme and asking them to readjust the capacity replacement scheme of Jidong Cement.
Li Xuedong, Director of Industrial Policy Division of Heilongjiang Industry and Information Technology Commission:We require enterprises to replace the same amount according to the requirements of the Ministry of Industry and Information Technology. At present, our enterprises are also looking for this indicator. We are also communicating with other provinces and looking for it.
On the one hand, the Ministry of Industry and Information Technology issued a document twice to stop, on the other hand, this project has been under construction. So what is the state of the cement industry in Heilongjiang Province? Is there still market space? The reporter also conducted an investigation in the local area. This is Harbin Xiaoling Cement Company, which is only 10 kilometers away from Jidong Cement Project. The reporter of this company’s factory saw that it was empty and there was no sign of production. The general manager of the company told the reporter that because of poor sales in winter, they stopped working at the end of October. This winter, they will stop working for a total of five months, and employees can only receive half of their wages.
50% of the salary, if we remove the deducted personal insurance, we will get very little salary.
Reporter:Can you get a part-time job in these five months, or find something else to do?
Employees of Harbin Xiaoling Cement Co., Ltd.:Working in Heilongjiang in winter is not easy to find, and most of them are difficult to find employment opportunities.
It is understood that the production capacity of Jidong Cement’s new project is equivalent to nearly 50% of the current cement sales in Harbin. Unlike other products, cement is a special product with a very close sales radius. It is undoubtedly worse to have such a big MAC project at home.
In this case, why did Jidong Cement insist on investing in this project?
Zhou Zhaoyin, General Manager of Jidong Cement Harbin Company:His powder is surplus, and his clinker, because the so-called indicators including the current de-capacity are the indicators of approved clinker. In recent years, Heilongjiang Province refers to clinker, and his total clinker is not surplus.
Clinker refers to a semi-finished product for manufacturing cement, and we also investigated the local clinker production. Pennsylvania Cement Co., Ltd. has two clinker production lines with a daily output of 5,000 tons. The general manager of the company told reporters that they need to stop work not only in winter but also this summer because of overcapacity.
Zhang Yongsheng, Deputy General Manager of Heilongjiang Binzhou Cement Co., Ltd.:In May this year, it was considered that the whole cement industry in the three northeastern provinces joined forces to limit production and reduce inventory, and stopped production for 20 days from May 15 to June 5, in order to digest the original backlog of inventory.
According to the statistical data of Heilongjiang Cement Association at the end of 2015, the utilization rate of cement production in Heilongjiang Province in 2014 was 43.4%, and the clinker project under construction in Jidong Cement was also 71.5%. According to industry standards, it is normal for the utilization rate to be above 80%. Obviously, the local production capacity is seriously surplus.
In the interview, Heilongjiang Building Materials Association is calling the cement enterprises in the whole province to hold a coordination meeting of peak-shifting and shutdown in winter, which means that all cement enterprises in the whole province will stop working from December 1.
Reporter:Is the purpose of your wrong peak because?
Han Shitao, President of Heilongjiang Building Materials Association:There are two practical purposes, one of which is to avoid pollution superposition in the heating period in Northeast China, and the second is actually to control production capacity. It is a necessary measure for us to curb production capacity from the perspective of the industry.
Reporter:There are four months of production capacity (excess) in a year.
Han Shitao, President of Heilongjiang Building Materials Association:Four months, actually a year is five months.
Local insiders believe that Jidong Cement’s violation of regulations comes from the investment inertia of state-owned enterprises. If it was a private enterprise, it would have stopped working long ago.
Reporter:What are the deep-seated reasons?
Han Shitao, President of Heilongjiang Building Materials Association:Enterprise investment impulse has a kind of inertia. The investment inertia has not been contained. It has not been sober yet. In 2011, preparations began. Up to now, he may have prepared for a long time and made some investments. He has invested, so it is very difficult for him to brake.
Reporter:Just tell me about your cement company? What’s your opinion?
Head of Yatai Cement:Overcapacity, after he came down, our whole Heilongjiang market was completely destroyed. Now he is in violation of laws and regulations. Now it is in violation of laws and regulations, which does not conform to the policies of the Ministry of Industry and is still on the market.
Is there a way for enterprises to realize investment without violating the requirements of de-capacity? In fact, the Building Materials Association has also put forward many suggestions. Enterprises are welcome to invest without increasing production capacity.
Han Shitao, President of Heilongjiang Building Materials Association:At that time, we put forward a point of view, that is, to eliminate the backward and non-dominant production capacity around Harbin and replace it with him in the same amount, which is beneficial to the regulation of the whole market.
Reporter:He won’t do it?
Han Shitao, President of Heilongjiang Building Materials Association:Why? If you want to eliminate these production capacities, you need to take money. Whoever pays this money, there is no better way.
It is understood that the total investment of Jidong Cement Harbin Project is as high as 1.7 billion yuan, but it is unwilling to take money to eliminate production capacity, which leads to the delay in completing the compliant production capacity replacement. Following the failure of the Ministry of Industry and Information Technology to issue a document twice, the General Office of the State Council also issued a document to the Provincial Industry and Information Committee in October this year asking them to rectify as soon as possible.
Li Xuedong, Director of Industrial Policy Division of Heilongjiang Industry and Information Technology Commission:This time, the explicit request was contacted by the Ministry of Industry and Information Technology of the National Development and Reform Commission, which was sent by the State Council.
Reporter:I sent you another message in October?
Li Xuedong, Director of Industrial Policy Division of Heilongjiang Industry and Information Technology Commission:They reported it to the State Council, reported it in September, and gave us the news in October.
Reporter:Do you have time to ask now?
Li Xuedong, Director of Industrial Policy Division of Heilongjiang Industry and Information Technology Commission:Not in time, but we have been actively doing it, and we are trying to finalize this project as soon as possible.
Reporter:But will it all be put into production and ignited?
Li Xuedong, Director of Industrial Policy Division of Heilongjiang Industry and Information Technology Commission:That can’t be helped.
When the reporter left, the project was still under construction.
Jinan city promotion and high-level exchange meeting with advanced manufacturing industries of multinational companies held.
Cctv news On June 20th, during the third Qingdao Summit of Multinational Corporation Leaders, Jinan held a city promotion and a high-level exchange meeting with advanced manufacturing industries of multinational corporations. More than 150 guests from nearly 100 Fortune 500 companies, multinational companies, well-known enterprises, business associations and key enterprises in the economy gathered together to discuss cooperation and seek common development. Liu Qiang, member of the Standing Committee of the Provincial Party Committee and secretary of the Municipal Party Committee, attended and delivered a speech.
This exchange meeting was hosted by Jinan Municipal Government and undertaken by Jinan Investment Promotion Bureau. With the theme of "choosing Jinan for a win-win future", the meeting thoroughly implemented the major national strategy of ecological protection and high-quality development in the Yellow River Basin, fully utilized the international high-end platform of Qingdao Summit, the leader of multinational companies, comprehensively demonstrated the latest development opportunities, new urban vitality and new industrial advantages of the provincial capital Jinan, and focused on the theme of "promoting the high-quality development of advanced manufacturing industries under the new development pattern". In-depth docking with the world’s top 500 enterprises, global industry leaders, invisible champion enterprises, etc., strengthen international cooperation, practice mutual benefit and win-win, promote cooperation results, enhance the demonstration and leading role and radiation-driven ability of provincial capitals, and inject new impetus into accelerating the construction of a strong socialist modernization province in the new era.
Yu Haitian said in his speech that Jinan, as the first city in China to open its own port in modern times, has long been integrated into the blood of the city. From the earliest trademark of China-the copper plate of "Liu Jiagongfu Needle Shop" in the Northern Song Dynasty, to the chain business model pioneered by Rui Fuxiang, Jinan has been the forefront of the times and the leader of the atmosphere since ancient times. Entering the new stage of development, Jinan actively integrates into the new development pattern, and accelerates the construction of a strategic node of the domestic grand cycle and a strategic hub of the domestic and international double cycle. Today’s Jinan, with an area of over 10,000 square kilometers and a population of over 10 million, has a GDP of over 500 billion in five years and will reach 1,143.22 billion yuan in 2021. Its strategic position has become more prominent, its strategic space has been expanded rapidly, and its strategic potential has been fully released, which has formed "ten development advantages": overlapping strategic dividends, extensive transportation networks, strong scientific and technological innovation, strong momentum of digital empowerment, solid foundation of talent protection, and finance. The accelerated molding of "Ten Development Advantages" has led more and more enterprises to mark Jinan in their development layout, choose Jinan in their project investment and recognize Jinan in deepening cooperation. "I sincerely invite entrepreneurs to take a walk in Jinan, listen to the tinkling of spring water and enjoy the scenery of a city and mountains.Invest in the industry, create wealth and create wealth, and work together with us to write a new chapter of mutual benefit and win-win. "
Wang qian, global vice president of SAP and co-general manager of SAP China, put forward cooperation initiatives in his speech. In the dialogue and exchange stage, Jiang Zuolin, vice president of festo Greater China Business Area, Guo Jinpeng, director of Kaiao Group and CEO of Asia Pacific and America, Zhao Bingdi, vice president of Panasonic China Northeast Asia Company, Ji Peide, director of Jinan Industry and Information Technology Bureau, and Li Hongwei, director of Jinan Investment Promotion Bureau, etc., started a dialogue and exchange around "promoting the high-quality development of advanced manufacturing industry under the new development pattern".
During this summit, a total of 19 projects were signed in Jinan. Among them, a total of seven projects were signed in the provincial main venue, with a total investment of about 971 million US dollars in total investment of the project, involving new materials, new energy, new generation information technology and other fields. At the site of Jinan city promotion activities, a total of 12 projects were signed, with a total investment of about 854 million US dollars, involving high-end equipment manufacturing, modern agriculture, new energy, financial and other fields, including 7 manufacturing projects.
Before the exchange meeting, key enterprises in development zones above the provincial level in Jinan fully grasped the opportunity of the event and made accurate docking with the guests on the spot. After the activity, some enterprises will go to Jinan for field investigation and docking.
At the event site, the 2022 Jinan city investment promotion propaganda film "Choose Jinan for a Win-Win Future" was launched.
Han Wei, Vice Mayor of Jinan, and Wang Pinmu, Secretary General of the Municipal Government attended the event.
3 15 Market Supervision in Action | A Typical Case of Consumer Rights Protection in Inner Mongolia in 2023
01 The purchase of therapeutic instrument through Wechat business is invalid and difficult to refund.
[Brief introduction of the case]
Uncle Lu, a consumer, suffers from heart disease. On April 10th, 2023, he bought a semiconductor laser therapeutic instrument produced by Jiutouniao Medical Device Development Co., Ltd. through Wechat business at a cost of 2,280 yuan, hoping to play an auxiliary role in treating the disease through the instrument. The consumer has used it for nearly a month and thinks it has no effect. On May 7th, the consumer asked for a refund, and Wechat business asked him to buy another product to use with it, and the effect was more obvious. The consumer thinks that the operator doesn’t want to return the goods, so it is convenient to complain to Baotou Consumers Association on May 8, 2023, hoping to get help.
【 Processing Process and Results 】
After accepting the complaint, the staff of Baotou Consumers Association checked the chat record between consumers and Wechat business. Wechat business promised that "if the effect is not satisfactory or not within 30 days, he can apply for a refund". The staff contacted Wechat business by phone to ask him to fulfill his promise and was told to contact the manufacturer directly to get a refund. After contact, the consumer will mail the product back to the manufacturer at the request of the other party, and then refund the fee after inspection. In the end, the consumer received a refund of 2280 yuan on May 18th.
[Case Analysis]
Article 16 of the Law of People’s Republic of China (PRC) on the Protection of Consumer Rights and Interests stipulates: "If there is an agreement between the operator and the consumer, they shall perform their obligations according to the agreement, but the agreement between the two parties shall not violate the provisions of laws and regulations." In this case, when the consumer requests a refund according to the operator’s prior commitment, the operator should refund the fee for the consumer according to the commitment. In this case, the consumer shops through Wechat business, and the other party is not a micro-store. This is a private transaction between the two parties, and it is difficult to effectively protect their rights and interests. It is suggested that consumers shop through formal channels to avoid damage to their rights and interests.
Developers use "overlord clause" to exempt from overdue breach of contract.
[Brief introduction of the case]
Xinyuecheng Community, developed and sold by Inner Mongolia Shengda Real Estate Group Co., Ltd., agreed to hand over the house in December 2021, but it was overdue until March 2023. When the consumer handles the handover procedures, the developer marks the "overlord clause" on the delivery contract, and the consumer refuses to hand over the house without signing it, involving more than 20 million yuan of consumer disputes, which has caused complaints from the owners.
【 Processing Process and Results 】
On March 27th, 2023, the Consumers Association of Ulanhot organized a mediation meeting between the two parties at the Social Governance Center of Ulanhot. The staff pointed out that it was illegal for the developer to use the "overlord clause" to exempt himself from his responsibilities and obligations, and it should be stopped immediately, and asked the developer to give a written reply to the Consumers Association of Ulanhot on the reasons for overdue delivery and the situation of stopping using the "overlord clause". After mediation, the two parties reached the following agreements: 1. The respondent stopped using the "overlord clause" and went through the handover formalities according to the contract; 2. Consumers’ right to claim compensation for overdue liquidated damages can bring a lawsuit to the court according to law. On March 31st, the respondent submitted a written explanation of the reasons for overdue delivery and a commitment decision to stop using the "overlord clause".
[Case Analysis]
Article 26 of the Law on the Protection of Consumers’ Rights and Interests in People’s Republic of China (PRC) stipulates: "Operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers’ rights, reducing or exempting operators’ responsibilities, and aggravating consumers’ responsibilities, by means of format clauses, notices, statements, shop notices, etc., and shall not use format clauses and technical means to force transactions. Format clauses, notices, statements, store notices, etc. contain the contents listed in the preceding paragraph, and their contents are invalid. " Article 497 of the Civil Code of People’s Republic of China (PRC) stipulates: "In any of the following circumstances, the standard clauses are invalid: (1) There are invalid circumstances stipulated in Section 3 of Chapter VI of Part I of this Law and Article 506 of this Law; (2) The party providing the standard terms unreasonably exempts or lightens its responsibility, aggravates the other party’s responsibility or restricts the other party’s main rights; (3) The party providing the standard terms excludes the main rights of the other party. "
Home improvement merchants failed to fulfill their obligations according to the contract and arbitrarily increased the price.
[Brief introduction of the case]
Ms. Yang, a consumer, complained to the Consumers Association of Wulanhaote, claiming that two contracts were signed at the Oprah Winfrey Home Counter on the second floor of Red Star Macalline on February 19, 2023, which stipulated that the basic disassembly and assembly of her residence was 27,000 yuan and the custom-made wardrobe and cupboard was 67,000 yuan, totaling 94,000 yuan. The construction period was originally scheduled to be two months, but during the construction, the disassembly part was not completed from February 22 to early June. After the customized part was re-scaled, the merchant asked the consumer to pay another 22,000 yuan for reasons such as changing the cabinet material and changing the glass door. The consumer thought that the merchant had any price increase behavior, and verified the price increase part with the person in charge, and the merchant could not provide a clear basis for the price increase part. At the same time, the consumer entrusted others to recheck the measured drawing area, and found that there was an error of 3 square meters. The consumer demanded to cancel the contract and refund the money on the grounds that the merchant was fraudulent. No agreement was reached through mediation organized by the mall management. Consumers complained to the Consumers Association of Wulanhaote City, and provided evidence such as recordings, drawings and project progress records.
【 Processing Process and Results 】
After mediation by the Consumers Association, the merchant first promised to give a refund within 15 days and then repented, indicating that there was no fault. After many investigations and verifications, the staff of the Consumers’ Association think that the operator’s fare increase part does not provide the basis for clearly marking the price; There is an error of 1.2 linear meters between the cabinet area and its measured area; There is also overdue behavior in the construction period. Consumers Association believes that the behavior of merchants has constituted a breach of contract and infringed on the legitimate rights and interests of consumers. After mediation again, the operator refused to refund and withdrew from the mediation site halfway. Consumers Association made a decision to terminate mediation, supported consumers to bring a lawsuit to the court, and handed over the illegal acts of the operator suspected of infringing consumers’ legitimate rights and interests to the market supervision office of the jurisdiction for investigation and punishment according to law, and exposed them through Tik Tok WeChat official account, Wulanhaote Consumers Association. The operator was forced by public opinion to refund 67,000 yuan for consumers.
[Case Analysis]
Article 16 of the Law of People’s Republic of China (PRC) on the Protection of Consumers’ Rights and Interests stipulates: "Operators shall perform their obligations in accordance with this Law and other relevant laws and regulations when providing commodities or services to consumers. If the operator and the consumer have an agreement, they shall perform their obligations in accordance with the agreement, but the agreement between the two parties shall not violate the provisions of laws and regulations. " Article 577 of the Civil Code of People’s Republic of China (PRC) stipulates that "if a party fails to perform its contractual obligations or fails to meet the contract obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses." Article 13 of the Price Law of People’s Republic of China (PRC) stipulates: "Operators selling, purchasing goods and providing services shall clearly mark the price in accordance with the provisions of the competent pricing department of the government, indicating the commodity name, place of origin, specifications, grade, pricing unit, price or service items, charging standards and other relevant information. Operators are not allowed to sell goods at a higher price than the marked price, and they are not allowed to charge any unspecified fees. "
You need to buy extra glasses to watch 3D movies.
[Brief introduction of the case]
On January 26th, 2023, consumers watched a 3D movie at Moqi jaxa Cinema of Hulunbeier Tianzhixing Film and Television Media Co., Ltd., and the cinema informed consumers that they must buy or bring their own 3D glasses at their own expense to watch the movie, and the cinema did not provide 3D glasses for free. Consumers think it is unreasonable, and cinemas are obliged to provide 3D glasses for free. Consumers and operators failed to negotiate, so they called to complain for help.
【 Processing Process and Results 】
After receiving the complaint, the staff of the Consumer Complaint Mediation Office of Moqi Market Supervision Administration immediately communicated with the person in charge of the cinema to understand the facts. In accordance with the relevant provisions of the Law of People’s Republic of China (PRC) on the Protection of Consumers’ Rights and Interests, the operator was interviewed to mediate consumer demands. Finally, the operator and the consumer reached a mediation agreement through consultation, and the consumer was refunded the 20 yuan for purchasing 3D glasses, and the accumulated refund for consumers who had bought glasses for the same reason amounted to 200 yuan. The cinema promised to provide free glasses for all consumers who watched 3D movies in the future.
[Case Analysis]
Article 26 of the Law on the Protection of Consumers’ Rights and Interests in People’s Republic of China (PRC) stipulates: "Operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers’ rights, reducing or exempting operators’ responsibilities, and aggravating consumers’ responsibilities, by means of format clauses, notices, statements, shop notices, etc., and shall not use format clauses and technical means to force transactions. Format clauses, notices, statements, store notices, etc. contain the contents listed in the preceding paragraph, and their contents are invalid. " 3D glasses are an indispensable basic condition for watching 3D movies, and the provision of 3D glasses is an integral part of the viewing service. Consumers buy movie viewing services according to the ticket price of 3D movies, and theater operators should provide consumers with all services that meet the requirements of watching movies, including providing consumers with movie viewing facilities such as 3D glasses. It is a typical "unfair format clause" for the cinema to split its own service obligations and pass them on to consumers, which increases the burden on consumers and violates the principle of fairness and good faith. At the same time, because the cinema forces consumers to buy 3D glasses or in disguised form, it violates the provisions of the Measures for Punishment of Infringement on Consumers’ Rights and Interests, law enforcement officers ordered the cinema to make corrections and give a warning.
05 the problem of refunding the deposit due to the inability to borrow money for the purchase of commercial housing
[Brief introduction of the case]
On March 15, 2023, Ms. Consumer Palace complained to Bayannaoer Consumers Association that on March 10, 2023, she signed the House Purchase and Sale Deposit Agreement with Bayannaoer Hyde Real Estate Agency Co., Ltd., booked a commercial house, and paid a deposit of 20,000 yuan and a supervision fee of 5,000 yuan on site. When signing the contract, the consumer said that he can only pay the down payment, and the remaining house payment needs to be applied for a bank loan. I wonder if his conditions meet the conditions of bank mortgage loan. The real estate agency said that the conditions of consumers fully meet the loan requirements, and even if they do not meet the requirements, the company will help solve them. Subsequently, the consumer submitted proof of income and running water to the bank, but failed to pass the bank mortgage loan review. When concluding a house sales contract, the real estate brokerage company requires consumers to buy a house in full. If a house purchase contract is not concluded, the deposit and supervision fund will not be refunded. Consumers think that the real estate company’s practice is unreasonable and demand mediation from the Consumers Association.
【 Processing Process and Results 】
After receiving the complaint, the staff of the Consumers Association conducted an investigation. The consumer stated that when he looked at the house, the sales staff of the brokerage company did not carefully introduce the conditions needed to handle the mortgage, and did not fully fulfill the obligation of informing, so the responsibility should not be borne by him. The staff of the Consumers Association contacted the person in charge of the real estate brokerage company to learn more about the incident, introduced relevant laws and regulations to them, and organized mediation between the two parties. In the end, the real estate brokerage company refunded the consumer deposit of 20,000 yuan and the supervision fee of 5,000 yuan.
[Case Analysis]
Article 20 of the Law of People’s Republic of China (PRC) on the Protection of Consumers’ Rights and Interests stipulates: "Operators shall provide consumers with true and comprehensive information about the quality, performance, use and expiration date of goods or services, and shall not make false or misleading propaganda. Operators should give a true and clear answer to the questions raised by consumers about the quality and usage of the goods or services they provide. " Article 4 of the Supreme People’s Court’s Interpretation on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts stipulates: "If the seller accepts a deposit from the buyer as a guarantee for concluding a commercial housing sales contract through subscription, order, reservation, etc., if the commercial housing sales contract cannot be concluded due to one of the parties, it shall be handled in accordance with the provisions of the law on deposit; If the commercial housing sales contract cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer. " In this case, because the brokerage company did not fully and clearly inform the conditions for handling the house loan when selling the house, it should bear adverse consequences for the failure to conclude the subsequent house purchase contract. At the same time, because the consumer has paid the deposit, but can’t conclude a house purchase contract, according to the above provisions, the real estate brokerage company in this case should refund the deposit and supervision money paid by the consumer.
06 farmers’ rights and interests in purchasing unqualified drip irrigation belts are damaged
[Brief introduction of the case]
In June, 2022, nine farmers, including Mr. Zhang, a villager from Halatugacha, Urad Middle Banner, Bayannaoer City, complained to Bayannaoer Consumers Association that in April, 2021, they bought a batch of drip irrigation belts for farmland irrigation from Inner Mongolia Zhaotong Pipeline System Co., Ltd., with a value of 251,725 yuan. In the process of use, it is found that some drip irrigation belts have no drip holes, some drip holes are blocked, and some of them burst and leak, which can not be used normally. Farmers think that there is a quality problem with the drip irrigation belt, and they have repeatedly asked dealers and manufacturers to solve the problem, but the merchants have been looking for reasons to delay, so they came to the Consumers Association to complain.
【 Processing Process and Results 】
After receiving the complaint, Bayannaoer Consumers Association immediately sent its staff to the farmland involved in the complaint for on-the-spot inspection, and found that the used drip irrigation tape was scattered in the fields, which could not restore the specific scene at that time. After the staff visited the farmers for investigation, it was basically confirmed that the situation reflected by the complainant did exist, but the existing evidence could not prove that there was a problem with the quality of drip irrigation tape. Later, it was found that there were surplus drip irrigation tapes in the farmer’s warehouse, which were unused and packaged completely. In order to recover the losses of farmers as much as possible, Bayannaoer Consumers Association applied to the Consumers Association of the autonomous region for mediation in time, but the dealers and manufacturers insisted that there was no quality problem with the drip irrigation tape, and the complaint handling was deadlocked. In order to obtain sufficient evidence, the staff of Bayannaoer Consumers Association entrusted the Inner Mongolia Autonomous Region Product Quality Inspection Institute for inspection in August 2022, and the drip tape was found to be unqualified. Accordingly, Bayannaoer Consumers Association supports consumer litigation and resolves disputes through litigation. On June 29, 2023, it was tried by the People’s Court of Tuzuoqi, and the loss was recovered for consumers by 251,725 yuan.
[Case Analysis]
This case is a typical agricultural dispute case. According to Article 11 of the Law of People’s Republic of China (PRC) on the Protection of Consumer Rights and Interests: "Consumers who suffer personal or property damage due to purchasing or using goods or receiving services shall have the right to compensation according to law." Article 24 stipulates: "If the goods or services provided by the business operators do not meet the quality requirements, consumers may return them according to the provisions of the state and the agreement of the parties, or require the business operators to fulfill the obligations of replacement and repair. If there is no state regulation and agreement between the parties, consumers can return the goods within seven days from the date of receipt; After seven days, if the statutory conditions for termination of the contract are met, the consumer can return the goods in time. If the statutory conditions for termination of the contract are not met, the operator may be required to perform obligations such as replacement and repair. " Article 62 stipulates: "The purchase and use of means of production directly used for agricultural production by farmers shall be implemented with reference to this Law." According to Article 32 of the Product Quality Law of People’s Republic of China (PRC), "Producers shall not adulterate or fake products, or pass unqualified products off as qualified products" and Article 39, "Sellers shall not adulterate or fake products, or pass unqualified products off as qualified products", in this case, consumers have the right to compensation because the operators sell unqualified products. After the mediation was unsuccessful, because the facts of infringement on consumers’ rights and interests were clear and involved many farmers’ groups, according to the functions and responsibilities entrusted by law, consumers’ associations supported the prosecution, further safeguarding the consumption environment and market order.
07 There is something wrong with the size of customized furniture.
[Brief introduction of the case]
On June 2, 2023, Ms. Zhai complained to Wuhai Consumers Association that on April 2, she customized European brand furniture in Lengyuxin wardrobe dealership in Haibowan District, Wuhai City. On May 14, when she arrived for installation, she found that 21 door panels were small in size. When the dealer installed them at home, she also found that there was something wrong with the size and communicated with the manufacturer. The manufacturer said that the product was fine and belonged to the adjustable range, but the gap was obvious after adjustment.
【 Processing Process and Results 】
After receiving the complaint, the staff of Wuhai Consumers’ Association conducted investigation and mediation, and obtained the order measurement drawings. The dealer also admitted that there was something wrong with the size of this batch of door panels. Because the door panels were customized by the manufacturer, they are now unable to replace the door panels for consumers, and are actively communicating with the manufacturer to replace the door panels for consumers. The staff of the Consumers Association called the manufacturer and pointed out that if the operator provides goods or services to consumers, and one party fails to perform the contractual obligations or the performance of the contractual obligations is not in conformity with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Finally, after communication, the manufacturer agreed to send someone to handle the appeal, and if the problem is true, it will be replaced.
[Case Analysis]
Article 16 of the Law of People’s Republic of China (PRC) on the Protection of Consumers’ Rights and Interests stipulates: "Operators shall perform their obligations in accordance with this Law and other relevant laws and regulations when providing commodities or services to consumers. If there is an agreement between the operator and the consumer, they shall perform their obligations in accordance with the agreement, but the agreement between the two parties shall not violate the provisions of laws and regulations. When providing commodities or services to consumers, business operators shall abide by social morality, operate in good faith and protect the legitimate rights and interests of consumers; Unfair and unreasonable trading conditions shall not be set, and transactions shall not be forced. " Article 577 of the Civil Code of People’s Republic of China (PRC) stipulates: "If a party fails to perform its contractual obligations or fails to meet the contract obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses." Therefore, consumers have the right to ask operators or producers to perform the agreed services.
08 Laundry clothes lost
[Brief introduction of the case]
On November 7, 2023, Ms. Tian complained to Wuhai Consumers Association that on April 6, 2023, three down jackets were sent to Yixiang Laundry in Haibowan District, Wuhai City, and the laundry did not provide her with a service ticket after collecting the clothes. When picking up the clothes, she found that one of the children’s down jackets worth 399 yuan was not cleaned, and the laundry said that it was responsible for heavy washing, so she took away the other two down jackets. At the end of October, when she went to the laundry to pick up the washed children’s down jacket, the laundry said that the dress had been taken away in June according to the store computer, so there was a dispute between the two sides.
【 Processing Process and Results 】
After receiving the complaint, the staff asked the laundry about the consumer’s complaint. The laundry said that although the service receipt was not issued to the consumer at that time, it was recorded in the store computer. In June, the children’s down jacket was taken away by a man. The consumer thinks that the laundry should check with her the identity of the clothes picker without the clothes pick-up certificate. Now that the clothes have been taken away by others, the laundry should pay compensation. Because the laundry did not issue a service document to the consumer when providing laundry service, there was no objection to the laundry service process. The computer data was recorded unilaterally by the laundry, and the laundry did not verify it when others took the clothes, and there was no other evidence to prove that the consumer entrusted others to take the clothes, the laundry should be liable for compensation. Finally, after mediation, both parties reached an agreement, and the operator compensated 300 yuan to the consumer.
[Case Analysis]
In this case, according to Article 25 of the Measures of Inner Mongolia Autonomous Region for Implementing the Law of People’s Republic of China (PRC) on the Protection of Consumers’ Rights and Interests: "Operators engaged in the dyeing and ironing industry shall provide services as agreed. If the clothes are damaged, dyed or lost, the operator shall refund the fees collected and bear the corresponding liability for compensation according to the actual purchase price of the goods, depreciation of the goods and other factors. " Article 15 of the Measures for the Administration of Washing and Dyeing Industry "Operators shall issue service receipts to consumers when providing services. Service documents should include: the name, quantity, color, damaged or missing parts, service content, price, delivery date, storage period, matters agreed by both parties, dispute resolution, etc. "and Article 17" Operators should standardize the handover procedures of clothes in each process to prevent loss or damage; The storage and payment of dirty and clean clothes should be separated. "The operator should issue a bill to the consumer without issuing it, and the clothes handover did not fulfill the responsibility of informing when picking up the clothes, and should be liable for compensation.
09 medical disputes caused by tooth extraction in dental clinic
[Brief introduction of the case]
On March 17th, 2023, Ms. Ma, a consumer, complained to the Consumers Association of Alashan League that when the wisdom teeth were pulled out at Qingbai Dental Clinic in Bayanhaote Town, Alashan Zuoqi, the drill bit fell into the mouth due to improper operation by medical staff, which caused extensive damage to the oral mucosa and caused inconvenience to daily life, and the consumer demanded compensation from the operator.
【 Processing Process and Results 】
The staff contacted the clinic for investigation at the first time, confirmed that the situation described by Ms. Ma was true, and immediately organized mediation between the two parties. After careful and patient mediation, the dental clinic compensated Ms. Ma for 15,000 yuan, which was paid in three months.
[Case Analysis]
Article 7 of the Law on the Protection of Consumers’ Rights and Interests in People’s Republic of China (PRC) stipulates: "Consumers have the right to protect their personal and property safety when purchasing and using commodities and receiving services. Consumers have the right to require the goods and services provided by operators to meet the requirements of protecting personal and property safety. " Article 49 stipulates: "If a business operator provides goods or services and causes personal injury to consumers or other victims, it shall compensate medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism." In this case, due to the negligence of the staff of the dental clinic, the consumer suffered personal injury in the process of receiving services, and the consumer has the right to ask the merchant to bear the liability for compensation.
SHOPLINE social e-commerce solution helps businesses go to Indonesia.
According to Indonesia’s latest Trade Minister Order No.31 of 2023,Social media will no longer be used as a platform for commodity sales, but only as a channel for the marketing or promotion of goods and services.When social media can not be used as a sales platform to complete closed-loop transactions, how to find out?A new set of closed-loop logic of diversion+transformation?
First, the huge social e-commerce dividend of Indonesian e-commerce
There are 212.9 million Internet users in Indonesia, with an Internet penetration rate of 77.0%.
Indonesia has 167 million social media users, equivalent to 60.4% of the total population.
Indonesian netizens spend more than 3 hours on social media through various devices every day on average.
Data as of January 2023, source Digital2023:Indonesia
Indonesia’s demographic Internet dividend seems to be the same as that in China ten years ago, and the huge user base provides space for the development of social media. After the launch of the social media+store model, social e-commerce quickly penetrated.
Indonesian local merchant Fefenia sells woven handbags through social e-commerce, and 90% of its business centers are placed on a single short video social channel. However, due to the newly issued rules, the closed loop of his social media connection transaction has broken, and he needs to find a new "shelf" for his business in a short time.
A single channel may temporarily boost the vitality, but multiple sales channels and multiple flow channels can lengthen the vitality of the whole business operation.
Second, SHOPLINE SC builds a traffic runway for social e-commerce
Where is the "traffic", where is the business? This is the initial intention of Indonesian e-commerce to rely heavily on social media; A strategy that can lead the "flow" to the closed-loop trading is a good strategy.
In view of this, SHOPLINE Social Commerce allows users to undertake e-commerce links accurately, reliably and automatically by building a traffic runway. Merchants only need to configure keywords, and the system can automatically capture all comments and classify products into orders for customers to choose.
Take the live broadcast of SHOPLINE SC X Facebook as an example: Step 1: The merchant assigns keywords to the products and adds them to the live broadcast room; Step 2: During the live broadcast, broadcast the keywords of the products, such as "C3", and guide users to leave messages in the comment area.
Step 3: Customers reply to product keywords in the comments and get automatically generated links to participate in the purchase.
Considering that merchants may set up live broadcasts from multiple platforms, all Livestream will be collected in the SHOPLINE backstage live broadcast dashboard, which can be realized whether viewing real-time orders, replying to messages, tracking inventory or reminding checkout.
SHOPLINE’s social e-commerce strategy helps sellers accumulate global user assets and realize the continuous growth of GMV by dredging traffic conversion.
Third, to achieve the ultimate localization, they chose SHOPLINE.
SHOPLINE Social Commerce is a leading social e-commerce service platform in Southeast Asia, which has provided services to tens of thousands of merchants, with weekly orders reaching 100,000+and GMV of 10 million dollars, mainly generated by live broadcast for merchants in Southeast Asia.
SHOPLINE insists on localization services in the local market, and more and more brand businesses accumulate potential energy and increase the speed through cooperation with SHOPLINE in Indonesia.
Fourth, the full link scheme of independent stations from station construction to performance end-to-end
Establishing an independent station through SHOPLINE is the best practice solution to build DTC. Provide end-to-end full link services from payment, website construction, marketing to logistics, so that business growth can be expected in the future.
(1) Smooth Payment SHOPLINE Payments supports businesses with Indonesian entities to receive and pay for localized operations through local entities, and most social e-commerce payment methods can be found in SL Payments, and businesses do not need to re-dock payers.
Linkaja, OVO, Dana and other e-wallets have been connected to SHOPLINE Payments, providing merchants with the most competitive rates. There is also an embedded checkout page to make the shopping checkout process smoother for consumers.
(2) Building SHOPLINE at a high speed provides a wealth of free theme templates, covering all categories such as clothing, accessories, home, 3C, gift department stores, etc. The high-level component library allows sellers to freely adjust the website design to ensure that the brand is beautiful, usable, flexible and exquisite.
OS2.0 theme template Seed
Install the "SHOPHUB" plug-in of SHOPLINE APP store. After authorization, merchants can transfer multi-channel store data to SHOPLINE, ensuring the intact transfer of data to the greatest extent.
P.s.SHOPLINE has now launched the full-link AI tool, which helps businesses greatly improve efficiency in the construction and operation of the site.
(3) Marketing tracking
Take TikTok platform as an example, SHOPLINE is the official partner of TikTok for business., SHOPLINE TikTok Marketing and TikTok have deep API integration, which can support four major functions, helping merchants to continue to manage TikTok assets and quickly carry out overseas marketing:
Asset association, easy management: merchants can associate assets such as advertising accounts of TikTok business center accounts to TikTok Marketing plug-ins with one click;
One-click account opening, easy to open TikTok marketing: open the agent and TikTok advertising creation API, and complete advertising account opening operation (non-self-service advertising account) can be realized online;
One-click installation of TikTok Pixel supports advanced matching function: merchants can better match website events with TikTok advertisements, establish a wider audience network, and complete the closed loop of advertising-effect monitoring-effect optimization;
Automatic synchronization of product data: synchronize the product catalog to TikTok with one button, and quickly open the product advertisement.
(4) complete logistics SHOPLINE’s own logistics One Ship supports a variety of logistics methods and has excellent prices. And 4PL supports all mainstream logistics modes in Indonesia. SHOPLINE has reached a strategic cooperation with Indonesia’s local logistics Shippit, and realized the integration of logistics freight on the basis of opening up the logistics interface, and collected the freight price in real time and displayed it on the front-end page to avoid the loss of freight caused by consumers’ remoteness.
(5) Multi-channel POS can lay out Indonesia’s local online and offline global retail market through SHOPLINE POS system, and improve business efficiency through unified tools such as inventory, checkout, membership and data analysis.
As a global retail solution provider, SHOPLINE is an enterprise-level technical service company that focuses on helping cross-border e-commerce brands go to sea through independent stations. SHOPLINE opened an independent station line for Indonesian merchants. In addition to exclusive account managers and mature local/payment facilities, there are also targeted solutions such as Social.commerce solution, Facebook Live Broadcasting and TikTok Marketing to help merchants open up the local market and achieve business growth.
Netease Cloud Music Collapse Company responded: Infrastructure failures are being repaired.
China Securities Network News (Reporter Luo Maolin) On the afternoon of August 19, some users found that Netease Cloud Music was suspected to have collapsed, and related news quickly boarded the social media hot search. In the afternoon, Netease Cloud Music responded to the Shanghai Securities Journal reporter that due to infrastructure failure, all ends of Netease Cloud Music could not be used normally. At present, the repair is being stepped up. I am very sorry. Thank you for waiting.
How to build a city medical group? These two models are worth learning | Improving medical services.
"The day when the graded diagnosis and treatment system is realized is the time when China’s medical system reform is successful." Ma Xiaowei, director of the National Health and Wellness Commission, said this in the "Ministerial Passage" of the National People’s Congress in 2019, which revealed the essence of China’s medical service system and the ultimate goal of medical reform.
However, to achieve the goal of graded diagnosis and treatment can not be achieved overnight. The top-level design of the National Health and Wellness Committee has long been preset, and the connection between medical associations will be included in one of the primary tasks leading to graded diagnosis and treatment.
Medical association inserts "wings" for graded diagnosis and treatment
The medical association refers to the regional medical association, which integrates the medical resources in the same area, and usually consists of three-level and two-level hospitals, community hospitals and village hospitals in a region.
In fact, as early as 2016, at the National Health and Wellness Conference, the General Secretary of the Supreme Leader emphasized: speed up the construction of graded diagnosis and treatment system, improve the level of primary medical services, and for the first time in his speech, positioned "graded diagnosis and treatment" as the first of the five basic medical and health systems, demanding "breakthrough". Subsequently, the National Health and Wellness Commission and other departments issued a number of documents and policies to promote the development of medical associations.
On April 23, 2017, the General Office of the State Council issued the Guiding Opinions on Promoting the Construction and Development of Medical Consortium, which officially promoted the construction of medical consortia to a national policy. The opinions clearly required that all tertiary public hospitals should start the construction of medical consortia before the end of October 2017, and comprehensively start various forms of medical consortia.
On January 3, 2018, the Action Plan for Further Improving Medical Services (2018-2020) issued by the National Health and Wellness Commission proposed to provide continuous medical services with the medical association as the carrier in three years from 2018 to 2020.
In 2019, it entered the second year of implementing the medical association, and the related promotion work reached a new height. On May 22nd, the National Health and Wellness Commission and the State Administration of Traditional Chinese Medicine jointly issued the Notice on Carrying out the Pilot Work of Urban Medical Consortium Construction, which clearly proposed to promote the construction of graded diagnosis and treatment system and medical consortium, build a high-quality and efficient medical and health service system, and gradually realize the grid layout management of urban medical consortia; It is planned that by the end of 2019, 100 pilot cities will fully start the grid layout and management of urban medical associations, and each pilot city will build at least one medical association with obvious results, initially forming a medical association management model led by urban tertiary hospitals and based on primary medical institutions, rehabilitation, nursing and other medical institutions.
On June 4, 2019, the General Office of the State Council issued "Key Tasks for Deepening the Reform of Medical and Health System in 2019", proposing to formulate management measures for medical associations, which indicates that the work of medical associations tends to a comprehensive and standardized stage, and the era of medical associations has begun.
Compared with the official implementation of the medical association in 2017, after two years, the medical association has gradually leapfrogged from "nothing" to "existence" to the development trend of improving "quality" and "quantity".
With the promotion of graded diagnosis and treatment, problems such as vague grading positioning, insufficient grass-roots capacity, lack of coordination at all levels, lack of continuity of medical services, disorderly flow of patients, poor experience and payment support have gradually surfaced, which need to be solved urgently.
The mode of urban medical group is one of the four modes of medical association. As typical representatives, Shenzhen Luohu Medical Group and Jiangsu Zhenjiang Rehabilitation Medical Group have made many explorations and achieved good results, which are worth learning from.
Luohu model: management, service, benefit and responsibility are four in one.
In 2015, taking Luohu District as a pilot, Shenzhen initiated the collectivization reform of medical institutions with administrative districts as a unit.
The medical reform in Luohu integrated five hospitals and 23 community health centers to form a hospital group. Under the principle of integration of staffing, operation management and medical services, doctors in the group realized free flow, solved the problem of lack of medical care at the grassroots level, and provided residents with the whole service of "prevention-health care-treatment-rehabilitation-nursing-old-age care".
In terms of resources, optimizing and reorganizing "similar" resources within the hospital and intensively setting up resource sharing centers such as medical examination, radiological imaging, disinfection supply, health management, logistics distribution and information management have greatly reduced operating costs.
The Group adopted a new medical insurance payment model of "lump sum of medical insurance funds and reward for savings", which forced the hospital to continuously improve its technical level and service quality and realize the transformation from "making money by treating diseases" to "preventing diseases and saving money". Because residents are not restricted from choosing hospitals, and the medical insurance expenses for residents seeking medical treatment abroad should be paid from the total amount of the group, the hospital group can only benefit more by doing a good job in preventive health care and health management, so that the contracted insured can get less sick and have fewer serious illnesses.
In terms of organizational structure, Luohu Hospital Group has established a unified legal person to co-ordinate the medical resources in the whole region, constructed a new corporate governance structure, established a responsibility community, and solved the problems of small and comprehensive hospital setting, redundant construction, low efficiency and homogeneous competition. By strengthening the community health center, implementing the contract service of family doctors, we will try our best to solve the problem of "lack of doctors, medicines and examinations" in community health, and establish a healthy community to solve the problems of lack of quality resources in community health centers and people’s distrust.
A major innovation of Luohu Medical Group is to establish an incentive mechanism of "total amount management, balance retention and reasonable over-value burden" with the hospital group as the link. Another highlight is that the health status of residents is taken as a quantitative indicator, and the assessment results are linked to financial subsidies and the annual salary of the group leadership; Implement the measure that grass-roots general practitioners enjoy the same treatment as the staff of public hospitals, and take grassroots work experience as the condition for the medical staff of the group to return to the city and be promoted.
The success of Luohu Medical Group lies in the integration of management, service, interests and responsibilities.
Rehabilitation group: minor illness in the community, serious illness in the hospital, rehabilitation back to the community.
As early as its establishment, Jiangsu Rehabilitation Medical Group was positioned as a compact medical group with assets as the link.
First of all, in terms of organizational structure, Zhenjiang Municipal Government entrusts Health Bureau as the investor to perform the function of running medical services, and establishes a medical group with Zhenjiang First People’s Hospital as the core, including 5 secondary hospitals and 10 community health centers, which makes an innovative breakthrough in management system: separating management from health administrative departments, and establishing a corporate governance structure of public hospitals, which is both public welfare and arousing enthusiasm.
Secondly, in terms of resource integration, six centers have been set up, including clinic, imaging, procurement and supply, disinfection and supply, information and community health management, and a two-way referral mechanism has been established between public hospitals and community health institutions. At the same time, community standardization construction has been strengthened, and grid management has been implemented for grassroots medical and health services, so that the overall service level of community health service institutions has been significantly improved, and patients have been rationally diverted to promote the formation of "minor illness in the community, serious illness in the hospital, and rehabilitation back to the community" While alleviating the "difficulty in seeing a doctor", group hospitals can share medical resources, so that the overall efficiency of the medical and health service system can be fully exerted, the utilization rate of medical resources can be improved, and the operating cost can be reduced.
Establish a reasonable and effective incentive mechanism, be more flexible in the mechanism of selecting and employing people, and introduce a performance-based salary system in the distribution system to mobilize the enthusiasm of medical staff; Financial subsidies will be provided to the community where doctors are dispatched from large hospitals, and the dispatched doctors will be given priority in promoting their professional titles. A joint rehabilitation ward will be set up in the community, and the hospital will send directors and head nurses to the rehabilitation patients transferred to the community, and solve the problems of equipment, medicines, nurses, referrals, etc., and carry out homogeneous medical care services.
Finally, in terms of supporting policies, Zhenjiang has given full play to the advantages of health departments in managing medical insurance and medical and health services as a whole, and carried out the reform of combined payment methods combining total budget, payment by disease type and payment by head.
The future of "communication" of medical association can be expected
Through the representative cases of Shenzhen Luohu Medical Group and Jiangsu Zhenjiang Rehabilitation Medical Group, it is not difficult to find that the construction of urban medical association has realized the effective allocation of medical resources, and has formed graded diagnosis and treatment, which has promoted health management to a certain extent and achieved the goal of medical reform. Therefore, it is a long-term project to establish a graded diagnosis and treatment system and build a medical association.
The construction of medical association and the signing service of family doctors are two important starting points for establishing a graded diagnosis and treatment system. The medical association has rebuilt and reorganized China’s medical and health service system, allowing ordinary people to enjoy all-round, full-cycle and continuous medical services in the medical association through family doctors, and to get rid of the current situation that they tend to "go up" in different medical institutions and accept fragmented and discontinuous medical services.
In addition to the strong promotion of the government, the most important thing in the construction of medical associations is to establish an internal benefit sharing mechanism, so that the institutions of medical associations can realize their own interests and development through division of labor and cooperation, resource sharing, etc. This is also the key factor for Shenzhen Luohu Medical Group and Jiangsu Zhenjiang Rehabilitation Medical Group to achieve results.
Based on the strong support of the national level for the medical association, major medical institutions are actively practicing and exploring. It can be predicted that in the next few years, by organically integrating the construction of the medical association with the contract service of family doctors, the medical association can finally achieve the "communication" of the medical association and solve the "pain" of the masses in seeing a doctor.
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COVID-19 will die if he exceeds eight times? Rumors! The symptoms of repeated infection become lighter instead.
Covid-19 came back with a comeback. With the increase of the number of "Eryang", some people began to worry that multiple infections would cause the virus to accumulate in the body, resulting in the superposition of symptoms. There are even rumors that people can be infected up to eight times, and more will die. The latest issue of the scientific gossip list was released, which refuted the above statement. In addition, more health rumors have been "concentrated" this time.
The monthly "scientific" gossip list is guided by Beijing Science and Technology Association, Beijing Municipal Committee Network Information Office, Capital Internet Association, and jointly released by Beijing Science and Technology Journalists Editors Association and Beijing regional website joint rumor platform.
It is rumored that blood tests will reduce human immunity.
The truth network will draw blood away the white blood cells with immune function, and also remove substances, electrolytes, vitamins and so on that are important to the body. Even mistaken for the more serious a person is, the more blood tests will be taken, which makes many people stay in bed and even die prematurely.
In fact, drawing blood won’t hurt you. Generally, the amount of blood for blood test will not exceed 20 ml, while the average human body has 4000 ml of blood, and it has the function of automatic regeneration. Pumping a small amount of blood will not affect human health.
Although the main cells that constitute human immunity are white blood cells, the proportion of red blood cells in the blood is large, while the number of white blood cells is small. Generally, donating 200 ~ 400 ml of blood will lose 1% ~ 2% of the total number of human white blood cells, and within 1 ~ 2 hours after blood drawing, the lost white blood cells will return to their original number. Therefore, many white blood cells will not be lost after blood drawing, and the immunity will not be reduced.
It is rumored that asthma patients will "gasp"
The truth is that it must not be asthma without wheezing symptoms? For asthma, many people still stay in the performance of "shortness of breath and difficulty breathing" in movies and TV series. In fact, these are just typical manifestations of acute asthma attacks. When patients encounter cold air and dry air, they are prone to asthma attacks. The typical symptom of asthma is recurrent wheezing, which may be accompanied by shortness of breath, chest tightness or cough.
However, there are still many atypical asthma in clinic. Cough variant asthma, cough is its only or main clinical manifestation; Chest tightness variant asthma, with chest tightness as the only or main symptom; Concealed asthma does not have the typical symptoms of recurrent wheezing, shortness of breath, chest tightness or cough, but it has long-term increased airway responsiveness.
It is rumored that drinking lemonade will lead to stones.
There are many causes of truth stone, among which heredity, metabolism, anatomical structure and diet are the main factors, among which diet is the most concerned. From the composition point of view, calcium oxalate is the main stone in the body, and a large amount of oxalic acid in the diet intensifies the formation of stones to a certain extent. For example, the oxalic acid content in vegetables such as spinach, celery and leek is high, but it does not include lemon.
Unlike oxalic acid, which forms insoluble substances when it meets calcium, calcium citrate tetrahydrate formed by combining citric acid rich in lemon with calcium is slightly soluble in water. At the same time, the slight acidity of citric acid in the intestine can also promote the absorption of calcium, iron, zinc and other mineral elements, which is beneficial to health.
The myth that "water control by hanging upside down" can save drowning people.
There is a "classic" picture of rescuing drowning people circulating on the truth network — — The rescuer mentioned that the drowning man’s feet were shaking upside down, or ran backwards with the drowning man’s back, trying to "control" the water in the drowning man’s body before cardiopulmonary resuscitation.
However, this way, which is considered to have a higher success rate, is not desirable.
To rescue drowning, we should remember "four things without doing one thing". "Don’t do it" means that the drowning person will not control the water after being rescued ashore. The method of running around with drowning children on their backs on the Internet is absolutely wrong. It is impossible to expel water from the body, and it may also make the food in the drowning person’s stomach flow backwards, which will aggravate the difficulty in breathing. Hanging upside down to control water can not replenish oxygen in the blood of drowning people, and most of the water controlled is water in esophagus and stomach. For the drowning person who has already had cardiac arrest, cardiopulmonary resuscitation should be started as early as possible to save the patient.
"Four actions" are the four correct steps to deal with the drowning person: First, immediately rescue the drowning person from the water and quickly judge whether breathing or heartbeat stops. Second, call the emergency number 120 and get the AED nearby. Third, for those whose breathing and heartbeat have stopped, cardiopulmonary resuscitation should be carried out immediately according to ABC (open airway — Blow — Press) of the recovery operation sequence. If there is no breathing and heartbeat, just blow (12 ~ 16 times per minute) without chest compressions. Fourth, if there is trauma, deal with it in time, especially head and neck injuries.
Rumor has infected COVID-19 eight times at most.
Truth With the recurrence of the COVID-19 epidemic, a saying appeared on the Internet that "no matter how healthy and strong a person is, he can only be infected with COVID-19 for 8 times at most, and the person will be gone after the 9th time". The truth is, it is possible for a person to repeatedly infect COVID-19. However, for people who have no basic diseases, the statement that "they can only be infected for 8 times at most" is unscientific, and the symptoms are generally mild after reinfection.
At present, the observation and research all show that the symptoms of COVID-19 will become lighter and lighter after reinfection. After the first infection, the body produces immunity to pathogens. Even with the passage of time, the specific immunity level against this pathogen gradually declines. After the second infection, the body can quickly enhance the immunity level again through the recall reaction, killing the pathogens in the body. Therefore, the symptoms will not get worse after repeated infection.
In addition, in the process of spreading and spreading, pathogens usually mutate in the direction of gradually weakening pathogenicity and gradually enhancing infection ability.
If you are really worried about the problem of repeated infection, people over 60 years old and people with basic diseases can be vaccinated with vaccines and booster shots. Go to crowded places, especially hospitals, try to wear masks all the time, and wash your hands and disinfect them when you get home.
Rumor may require hysterectomy to solve dysmenorrhea.
Truth Recently, patients with network-transmitted adenomyosis can solve the problems of dysmenorrhea and anemia by hysterectomy. However, the treatment of adenomyosis depends on the severity of symptoms, age and fertility requirements.
Generally speaking, doctors will use drugs to relieve the disease first, and if the drugs can’t relieve it and there are fertility requirements, doctors will remove the lesions. Total hysterectomy will only be considered if the symptoms are particularly serious, there is no fertility requirement and medical treatment is ineffective.
The data show that 35% of patients with adenomyosis are asymptomatic, but 40%-50% are characterized by excessive bleeding during menstrual cycle, and 15%-30% will be characterized by dysmenorrhea. The treatment of adenomyosis depends on the severity of symptoms, age, and fertility requirements.
There are four basic requirements of medical ethics: first, the interests of patients are paramount; Second, respect the patient’s right to choose independently; Third, do not hurt; Fourth, the fairness and justice of medical resources. The third point "no harm" means that if the patient’s uterus has no indication of resection, the doctor will never remove it. If the doctor is removed without indication, then the doctor violates the principle of medical ethics and the provisions of the Physician Law, and will be severely punished.
Whether the myth is obese depends on the weight
The truth is that as long as you are not overweight, you are not obese? No, obesity needs to consider multiple "technical parameters"!
To measure whether a person is obese, the commonly used standard is "Body Mass Index" (BMI). It is obtained by dividing a person’s weight (kg) by the square of his height (m). If this value is between 18.5 and 23.9, it is normal weight, and if it exceeds it, it is obese.
In addition, whether obesity depends not only on weight, but also on body fat rate. The ratio between total body fat and body weight is called "body fat rate". Generally, the body fat rate of healthy young men does not exceed 20%, and that of women does not exceed 30%. If it exceeds this value, even if the weight is standard, it is the body fat exceeding the standard.
On the basis of weight and body fat percentage, there is also a very important value "waist-hip ratio", which is the ratio between waist circumference and hip circumference. If the waist-hip ratio of men is greater than 0.85 and that of women is greater than 0.8, then even if the weight is normal, it may belong to excess abdominal fat accumulation, or even reach "abdominal obesity", which will bring greater potential harm to the body.
Rumor has it that sleeping on a hard bed can cure lumbar spondylosis.
Truth Jianghu legend says that "people suffering from lumbar pain had better choose a hard bed to sleep, which can cure diseases". However, this is a misunderstanding. Many people think that "hard bed" refers to hard bed and smooth bed. In fact, the hard bed is relative to the soft mattress that Europeans and Americans are used to. The hard bed does not mean a hard bed, let alone a smooth bed, and there are several mattresses on it.
Expert introduction: There are four physiological curvatures in the normal spinal structure of human body, namely, cervical curvature, thoracic curvature, lumbar curvature and sacral curvature. If the mattress is too soft, it cannot provide proper spinal support; If the mattress is too hard, it will rely too much on shoulder and hip support, which will also cause spinal distortion; The middle soft bed (hard bed) can better adapt to the curve of human body, and the spine is the least twisted.
So, how to grasp the hardness of the mattress on the bed board? Remember the "3: 1 principle", that is, the mattress should not be so hard as not to deform, nor should it deform too much. A 3 cm thick mattress sinks 1 cm when pressed by hand, and a 10 cm thick mattress sinks 3 cm, so the ratio is moderate.
Then, lie flat on the mattress, reach out and touch the neck, waist and buttocks to thighs to see if there are any gaps. Then turn the body to one side and try to see if there is a gap between the concave part of the body curve and the mattress in the same way. If the hand can be easily inserted in the gap, it means that the bed is too hard; If the palm of your hand clings to the gap, it proves that the mattress fits the curve of the human body.
In addition, when choosing a mattress, we need to refer to three factors besides hardness and fit: gender, weight and age. Women are suitable for elastic mattresses, while men are relatively hard; Slim figure is suitable for a slightly soft mattress, and obese people should sleep on a harder mattress; Infants should choose a moderately soft mattress, while children and teenagers should not sleep on a soft mattress to avoid affecting their growth and development; Elderly people with loose ligaments, especially those with osteoporosis, are advised to choose a slightly hard mattress.
Of course, relieving low back pain is not a very simple thing. Don’t imagine that changing a bed or a mattress can completely solve it. Daily maintenance and rehabilitation exercise, avoiding excessive use of lumbar vertebrae and actively coping with problems are all important links to relieve low back pain.
Text/reporter Li Jie