On the afternoon of September 29th, the State Council Joint Prevention and Control Mechanism held a press conference to introduce the situation of epidemic prevention and control during the National Day and answer questions from the media.

　　Lei Zheng Long, director of the Department of Communication and Prevention of the National Bureau for Disease Control and Prevention, said that since the outbreak of COVID-19, we have always adhered to the principle of "people first, life first", guiding all localities to conscientiously implement the requirements of relevant prevention and control policies and measures, do a good job in accurate prevention and control, strengthen the prevention of safety risks, and earnestly safeguard the life safety and health of the broad masses of the people.

　　One is in nucleic acid detection. All localities are required to reasonably organize and arrange nucleic acid inspection for the masses to avoid gathering and chatting. When people take part in nucleic acid testing, they should pay attention to personal protection, keep a straight line, wear masks and do good hand hygiene. All localities should also make reasonable arrangements for sample transfer vehicles, which should not be used for other purposes during the transfer task.

　　The second is in the process of flow adjustment and transshipment. It is required that all localities should strengthen on-site face-to-face flow adjustment, and the flow adjustment personnel should also do personal protection, and scientifically and accurately determine the risk personnel such as close contacts, close contacts, and exposed personnel in epidemic-related places. Make overall arrangements for the deployment of transshipment, formulate a transshipment plan in combination with local actual conditions, reasonably arrange transshipment tasks and transshipment time, strengthen the daily inspection and safety maintenance of transshipment vehicles, improve the safety awareness of drivers and passengers, put an end to drivers’ fatigue driving and ensure transshipment safety.

　　The third is in the centralized isolation link. The infrastructure of centralized isolation places should meet the current national standards for building safety, fire safety, earthquake prevention and disaster prevention, strictly regulate the management of isolation points, and prevent cross-infection. For special people who are not suitable for centralized isolation after evaluation, measures of home isolation can be taken. For those who are not suitable for single room isolation, appropriate personnel should be appointed to accompany them.When centralized or home isolation measures are taken, it is not allowed to lock the door outside.

　　The fourth is the supply of living materials, medical care and other links. After the outbreak, all localities should scientifically and accurately define the risk areas and make dynamic adjustments, strictly implement management requirements according to regulations, and make clear that special personnel teams are responsible for the supply of basic living materials for residents, especially to prevent food safety incidents. It is necessary to designate specialized medical institutions to provide medical services for residents in high-and medium-risk areas and provide medical convenience for special people.

　　(Reporter Ren Xiaoyuan) According to the news of the Ministry of Industry and Information Technology yesterday, the Ministry of Industry and Information Technology announced the relevant data of the 12321 Reporting Center. In the first quarter of this year, the number of complaints reported by port SMS was still at a high level. The number of complaints reported by port spam messages was 62,132, down 3.0% from the previous month, accounting for 71.2% of the total; The number of complaints reported by peer-to-peer SMS in mobile resale enterprises increased overall, and the number of complaints reported by SMS was 13,209, up 53.4% from the previous month.

　　In terms of spam messages, information complaints such as loan financing, retail sales promotion and game promotion account for about 72.9%; Illegal financial activities, illegal sale of bills/certificates, suspected sexual violence and other illegal contents accounted for about 27.1%. In terms of geographical distribution, the top five regions that send spam messages are Guangdong, Jiangsu, Anhui, Shandong and Beijing; The top five areas most harassed by spam messages are Guangdong, Shandong, Jiangsu, Zhejiang and Hubei.

　　In terms of harassing phone calls, the number of complaints reported by 95/96 business in the first quarter showed an increasing trend, with 38,541 complaints reported, up 35.4% from the previous month, accounting for 18.4% of the total; There were 98,638 complaints about harassing phone calls, accounting for 47.1% of the total; The number of complaints about "calling you to death" harassing calls continued to grow, reaching 10,834, up 17.9% from the previous month. Among them, mobile resale enterprises accounted for 34.8% of the reported complaints.

　　In terms of the content of harassing phone calls, the number of complaints and reports about harassing phone calls for loan financing was the highest in the first quarter, and others, including real estate agents, illegal collection, stocks and securities, were also in the forefront. From the way of dialing, manual harassment still occupies the first place, accounting for about 69.6%, followed by recording telephone calls and ringing, accounting for about 17.3% and 6.7% respectively.

　　The Ministry of Industry and Information Technology pointed out that the mobile phone number operators who send spam messages in violation of regulations will take the following measures: stopping (stopping communication services), blacklisting spam messages (not sending short messages), and stopping short messages (not sending and receiving short messages). For ports that illegally send spam messages, the disposal methods can include: closing the port, shielding users, business rectification, etc.

　　The Ministry of Industry and Information Technology also pointed out that users who receive spam harassment can report to the 12321 Reporting Center. The reporting methods include: 12321 official website, SMS, telephone, APP, WeChat official account, and other channels including WeChat, mobile QQ, Alipay city service page, etc. Just click "Report Bad Information on the Internet".

According to Cailian News, with the continuous injection of artificial intelligence by various capitals, the supply of high-bandwidth memory (HBM) is in short supply, and global technology giants including NVIDIA, AMD, Microsoft and Amazon are all bidding for the fifth-generation high-bandwidth memory HBM3E of SK Hynix. Recently, HBM’s "rescue" memory chip giant reported that the loss of DS department where Samsung’s electronic storage business is located narrowed in the second quarter, and SK Hynix’s sales in the second quarter exceeded analysts’ expectations. The company said that the expansion of the generative AI market has rapidly pushed up the demand for AI server memory, so the sales of high-end products such as HBM3 and DDR5 increased. Judging from the performance of the secondary market, A-share listed companies with the concept of HBM have also taken advantage of the wind. The stock prices of HBM epoxy plastic packaging supplier Huahai Chengke, HBM agent Shannon Xinchuang and HBM substrate supplier Zhongfu Circuit have increased by 157%, 158% and 136% respectively since May.

Micron Technology has previously stated that the capacity requirements for DRAM and NAND of AI servers are 8 times and 3 times that of conventional servers, respectively. Memory chips can be divided into volatile memory chips and nonvolatile memory chips according to whether data is lost after power failure. DRAM is the most common volatile memory chip, and NAND flash memory chip and NOR flash memory chip are the most common nonvolatile memory chips. According to WSTS statistics, in the memory chip market in 2021, DRAM accounts for 61%, NAND Flash accounts for 36%, and other memory chips account for only 3%.

Oriental fortune securities’s February research report pointed out that DRAM’s market head enterprises are Samsung, SK Hynix, Micron, etc., and Chinese mainland’s representative enterprises include Changxin Storage and Fujian Jinhua. The market head enterprises of NAND Flash are Samsung, Chivalrous, Western Digital, etc., and the representative enterprises of Chinese mainland are mainly Changjiang Storage; NOR Flash’s market head enterprises are Winbond, Wanghong, Zhaoyi Innovation, etc., and Chinese mainland’s representative enterprises are mainly Zhaoyi Innovation.

▌ SK Hynix, Samsung and Micron, the three leading global memory chips, pointed out that the price, supply and demand and space end blew the horn of industry recovery.

HBM is a DRAM product with the fastest data processing speed. It is a DRAM memory chip based on 3D stacking technology. After stacking multiple DDR chips, it is packaged with GPU, which can achieve higher bandwidth, higher bit width, lower power consumption and smaller size. The latest financial report shows that the performance of SK Hynix, Samsung and Micron, the three leading memory chip DRAM, began to rebound. Samsung Electronics 23Q2′ s revenue declined due to the decline in smartphone shipments, but its storage business improved compared with the previous quarter. The official said that it was mainly due to the company’s focus on HBM and DDR5 products; SK Hynix’s sales in the quarter ended June 30 were 7.31 trillion won (about 5.7 billion US dollars), down 47% year-on-year, but exceeding analysts’ expectations of 6.05 trillion won. Although HBM’s revenue in SK Hynix currently accounts for less than 1%, this proportion is expected to rise to 10% this year; Meguiar’s 23Q2 performance rebounded after three consecutive quarters of decline. In addition, the monthly performance of the original factory in Taiwan, China also improved continuously month on month.

The research report released by Pan Chang, TF Securities on July 17th pointed out that recently, the favorable turning point of memory chips has been frequently reported, and the horn of recovery seems to be in our ears. From the perspective of historical cycle, the cycle of the storage industry is about 3-4 years. This cycle starts from 2020Q1, and the price peaks in stages in 2022Q1. At present, the price has been reduced for six consecutive quarters, and it is in the bottoming stage of the cycle.

In terms of price, since Q2 this year, a number of suppliers have issued bottoming signals. First, Samsung and Micron issued a notice to dealers, no longer taking orders from DRAM and NANDFlash at low prices, and refused to accept quotations lower than those in April. In May, it was reported that Samsung Electronics and SK Hynix were considering raising their quotations after the original flash memory of Changjiang Storage officially started to increase its price by 3-5%. In late June, only Samsung was willing to conduct cSSD (Consumer Solid-State Disk) transactions in advance, and the dealers hoped that the suppliers would make concessions, but they were all rejected.

Pan Wei pointed out that on the demand side of supply, Micron announced in June that it expected to reduce production to 2024. Earlier, in 2022Q4, the original factories drastically cut their capital expenditures. If the normal production cycle is 3-4 months, the effect of supply contraction and production reduction will be accelerated in Q2 and Q3. South Asia Branch said that the company had urgent orders in some application fields. Recently, Winbond’s demand for three major applications, such as consumer electronics, television and Internet of Things, has warmed up, and industrial control-related orders have continued to be hot, and customers have rushed in, and there are also a lot of them.

In addition, on the space side, in the short term, the scale of memory chips will increase quarter by quarter, and in the long term, the storage demand under the catalysis of AI is expected to increase several times. On the geopolitical side, overseas manufacturers gradually withdrew from the niche market, and Meguiar’s incident accelerated local substitution.

▌ The memory chip will be reversed or "late" at the bottom. In the two quarters, the organization expects DRAM or NAND Flash to recover the cross-border layout of many A-share listed companies faster.

It is worth noting that at present, the memory chip industry seems to be confirming that it is about to bottom out, but the share price of 76 billion A-share leader Zhaoyi Innovation is "still calm". In fact, the impending reversal has even been "late". Recently, Yole Intelligence, a market research organization, updated a monitoring data report of the memory chip market. In Yole’s original forecast, the global memory chip market will start to recover in the second quarter of 2023, but its latest report points out that there is no need to hold too much hope for the memory chip market in the third quarter of 2023, and it is optimistic that the market will start to pick up in the fourth quarter of this year.

However, Yole is not the only one who predicts that the storage market will recover in the coming fourth quarter. According to Taiwan Province Economic Daily and Science and Technology News, citing the latest report issued by the American market research organization, Micron, Western Digital and other memory chip suppliers think that the product prices have fallen to the bottom, and began to cancel the mode of bulk trading at discounted prices in advance, and even began to raise prices. The survey agency predicts that the decline rate of memory chip prices will narrow from Q3, and the contract prices of some products are likely to rise from Q4. The situation of different product lines is different, and it is expected to fully recover next year.

Judging from the market news, the recovery of DRAM may be faster than that of NAND Flash. TrendForce Jibang Consulting recently estimated that the average price of NAND Flash in the third quarter continued to drop by about 3%-8%, and it is expected to stop falling and rebound in the fourth quarter, and the average price decline of DRAM in the third quarter will converge to 0-5%. The article "The Cold Wind of Memory Chips, Will Stop" published by the semiconductor industry on July 25th pointed out that DRAM bottomed out in the third quarter and NAND waited for another season. Earlier, some people in the industrial chain said that Samsung, SK Hynix and Micron all hoped to raise the contract price of DRAM orders in the third quarter, with a target increase of 7%-8%. However, because the terminal market has not seen obvious signs of recovery, there are obvious signs of seesaw in the upstream and downstream. In terms of NAND, recently, the market also heard that the original upstream NAND factory plans to raise the price from July.

In addition, according to the information of the Internet Office in May, Micron, which occupies a lot of land in China storage market, failed to pass the network security review. Ping An Securities Research Report pointed out that in 2022, Micron’s operating income in Chinese mainland was $3.311 billion. Analysts pointed out that if Micron’s business in China is limited, the niche storage market will naturally benefit first. In the niche storage field with relatively low technical barriers, Zhaoyi Innovation is the fastest growing and strongest company. In addition, Beijing Junzheng, the leader in vehicle storage, and Dongxin, the leader in domestic SLC NAND field, are expected to benefit. In the downstream storage module industry, Jumbo Long and Baiwei Storage also have strong competitiveness in the global market, among which Jumbo Long’s eMMC and UFS products have a global market share of 6.5%, ranking sixth in the world and first in China; The global market share of eMMC and UFS stored by Baiwei is 2.4%, ranking eighth in the world and second in China. The main suppliers of these two companies include Micron.

Analysts pointed out that although the inventory pressure downstream of memory chips is still there, the bottom is just around the corner through the dynamics of major manufacturers and industry analysis data. In order to catch up with the next wave of boom cycle after the turning point of the industry, Wanrun Technology, Liyuan Information, Shannon Core and Guoxin Technology and many other manufacturers have cross-border layouts. However, analysts also pointed out that even if the existing domestic storage companies, such as Zhaoyi Innovation, Beijing Junzheng, Eastcore and Puyan, are counted, most of the domestic storage products are at the SSD module and NOR Flash level, and it is difficult to touch the high-end DRAM and other markets vigorously promoted by international manufacturers, which makes it difficult for domestic storage manufacturers to enjoy the dividend in the incremental market and need to follow the trend in the supply and demand of the storage market.

Original title: Memory chips arrive late in spring? AI ignites demand for HBM to "rescue" the financial reports of giants such as Hynix and Samsung. Can A shares fully blow the "counterattack assembly number"

Editor: Lareina C

Editor: Wu Zhonglan

Audit: Feng Fei

▲ On-site signing. Reporter Zhang Yizhu photo

On July 13th, Chongqing Institute of Artificial Intelligence of Shanghai Jiaotong University officially released the "Zhaoyan" large model in the West (Chongqing) Science City, which is also the first large language model independently developed in Chongqing.

With the global fire of ChatGPT, the big model has become the hottest topic at present, and 2023 will also become the year of big model generate. Statistics show that hundreds of large models have been released around the world, and more than 80 large models have been released in China since this year.

"The previously released general model represented by ChatGPT has some pain points in the industry, such as lack of domain knowledge, inaccurate system calls, and high deployment costs." Jin Shi, dean and chief scientist of Chongqing Institute of Artificial Intelligence of Shanghai Jiaotong University, said that for example, the general big model is like a "generalist", but due to the lack of professional knowledge and industry data accumulation, its industry depth is not enough, and the system call is not accurate, so when answering some highly professional questions, it may be "talking nonsense in a serious way".

"Zhaoyan" is committed to building a big model of the industry, just like a "professional". It is developed by Chongqing Institute of Artificial Intelligence of Shanghai Jiaotong University based on the world’s leading AI big model technology. By accumulating massive data, supplemented by unique data processing and AI training technology, it can achieve accurate and professional text output, and can realize the ability to select and call applications in natural language, helping to create personalized intelligent products.

"Does Jiangzhou in this Jiujiang official. My blue sleeve was wet mean Chongqing?" On the same day, the press conference demonstrated "Zhaoyan" and compared it with well-known large models in the industry.

The Chongqing Daily reporter saw that the "Zhaoyan" answer not only introduced the historical relationship between the name Jiangzhou and Chongqing, but also did not confuse Chongqing and Jiujiang, knowing that Jiangzhou is Jiujiang now. But another big model gives the wrong answer.

▲ Jin Shi, Dean and Chief Scientist of Chongqing Institute of Artificial Intelligence of Shanghai Jiaotong University, introduced the "Zhaoyan" big model. Reporter Zhang Yizhu photo

"’mega-words’ means’ mega-words accumulate and speak out in chapters’." Jin Shi said that this not only expresses that the process of creating a large model involves the collection and processing of massive data, that is, "mega-text accumulation", but also expresses that the large model can achieve high-precision and professional-level text output, that is, "speak out" and let people get the information they really need.

In addition, the research and development of "Zhaoyan" also focuses on miniaturization deployment. Through distillation learning, model compression and special reasoning chip, the cost of model training and reasoning is greatly reduced. For specific tasks in the industry, the quality of answers is not reduced, while the cost of model call is only one-fourth of that before miniaturization, so that more small and medium-sized enterprises can also apply large models and make model-based products more competitive in the market.

"To sum up,’ Zhaoyan’ has three characteristics: high precision, high efficiency and low cost, and better empowers manufacturing, medical care, finance, cultural tourism, law, service and other industries." Introduction of Jinshi. For example, in the medical field, "Zhaoyan" can provide medical assistance and improve the quality and efficiency of medical services by deeply learning medical data.

"In the past, medical services were limited by doctors’ professional knowledge and experience, and the consultation response speed was slow and the service quality was limited." For example, he said that "Zhaoyan" can deeply learn medical records and symptom descriptions, provide comprehensive and accurate diagnosis and treatment suggestions, and improve the response speed and quality of medical services.

▲ The press conference site. Reporter Zhang Yizhu photo

At the press conference, Chongqing Institute of Artificial Intelligence of Shanghai Jiaotong University also signed contracts with Huayuan Computing Technology (Shanghai) Co., Ltd., Chongqing CCID Engineering Consulting Co., Ltd., Chongqing Yucun Technology Co., Ltd., China Mobile Communications Group Chongqing Co., Ltd., Beijing last romance Media Technology Co., Ltd. and Chongqing Saibao Industrial Technology Research Institute Co., Ltd., which will give full play to their respective advantages and promote the application of large-scale model technology in different industry scenarios such as manufacturing, finance, cultural tourism, education and medical care.

In the future, Chongqing Institute of Artificial Intelligence of Shanghai Jiaotong University will continue to optimize and upgrade in the vertical field of the industry according to the demand of Chongqing’s industrial layout, and apply "Zhaoyan" large model products to various fields to help the construction of the western (Chongqing) science city and the development of Chongqing’s digital economy.

Chongqing Daily client reporter Zhang Yizhu

Original title: Its name is "Zhaoyan"! Chongqing’s first self-developed large language model was officially released.

Editor: Rao Zhimei

Editor: Wu Zhonglan

Audit: Feng Fei

                                                                                                                                                                                                                             

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.

　　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.

　　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.

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.