分类： xiyu

　 　 The black humorous New Year movie, which is called "laughing all the time", will be officially released on the first day of New Year’s Day, with typical New Year’s sketches against many forms of blockbusters, and the joining of film and television rookie Yuyu Xiao is a bright color of the film. Yuyu Xiao, who is praised as the "school flower" by many audiences because of her smart and lovely appearance, plays the leading role in the U disk, once again challenging her self-positioning and proving her beauty acting skills.

The beauty queen challenges herself to play comedy.

　 　 In public cognition, comedies often need all kinds of "clowns", so it is forbidden for beautiful women; However, in recent years, courageous beauty stars have begun to set foot in comedies, and Yuyu Xiao is one of them. Since her debut, Yuyu Xiao has performed brilliantly in movies, TV series "Lock Clear Autumn", "A Thousand Tears" and other film and television works. With her pure and beautiful image, she has been called the "campus flower" by many audiences and fans who love her. In the topic drama "Love in a Micro Age", which was just finished not long ago, Yuyu Xiao was chosen by producer Yang Mi and starred in the role of "civilian campus flower" in the play.

Starring in the movie "U disk" to seize the New Year market.

　 　 In the comedy movie "U Disk" which will be released nationwide on the first day of the Lunar New Year, Yuyu Xiao bravely challenges herself and acts as the heroine in the film. The movie "U-Disk" tells an ironic story that happened in the real society. The story started with the breakup of the love affair between the heroine Qingyu and the hero Qian Cheng (played by Yang Long) played by Yuyu Xiao, and ran through with the disappearance of a U-disk. During this period, there were many embarrassing situations and jokes that showed all kinds of life. In the previous screening, "U Disk" won the audience’s comprehensive praise, and the first record of the audience’s viewing reaction found that the audience burst into laughter more than 200 times, which was regarded as a dark horse in this year’s Spring Festival, and the performance of the heroine Yuyu Xiao became the freshest bright color among the "pure men" in the film.

　　"Innovators do enough protection beforehand than they do afterwards." Li Chaofan, vice president of Beijing Chaofan Intellectual Property Agency Co., Ltd., has handled many intellectual property cases. He said that entrepreneurs or innovators must do a good job in trademark protection, copyright protection and patent protection before exposing their products, which can reduce the impact of infringement to some extent.

　　Nowadays, many products designed by young people will be publicized and sold online, which makes infringement more hidden and makes it more difficult to defend rights. Li Chaofan said: "How to prove the ownership of copyright is very difficult. Combating piracy and infringement is conducive to creating a good environment for innovation and entrepreneurship."

　　"With the development of Internet technology, piracy can be described as rampant." Wei Yanling, a lawyer of Beijing Jiashan Law Firm, mentioned that the difficulties encountered in rights protection mainly include the following points: the hidden clues of infringement are difficult to find, it is difficult to obtain evidence after discovery, the period of rights protection is long, the amount of compensation is low, and it is difficult to implement.

　　For example, in the case of infringement under the evidence collection line, it is difficult to determine the actual business place of the infringer because the infringement is hidden.

　　Usually, because the infringer knows that he is committing an infringement, in order to avoid being discovered, their actual business site is not consistent with the address registered in the industrial and commercial department and the delivery address of the online store, which brings great trouble to the obligee’s rights protection and evidence collection; Moreover, infringers are generally very vigilant. In the process of field investigation, they should pretend to be buyers and partners to visit the production workshop, ask for samples and publicize documents. A little carelessness will lead to the failure of investigation and evidence collection, and even personal danger.

　　There are also many difficulties in obtaining evidence of infringement online. First, notarization is usually adopted to obtain evidence, and the notarization period is long, which is not conducive to the purpose of stopping infringement quickly, but economic compensation can be requested; Second, some shops are very vigilant. After the notary office buys an order, they will not deliver it once they find something abnormal. As a result, notarization fails and rights cannot be protected.

　　Li Chaofan reminded young innovative entrepreneurs: First of all, before products are pre-sold and sold online, copyright registration and trademark registration should be carried out in relevant state departments and institutions, and materials that can prove their originality should be obtained first; Secondly, it is necessary to sign relevant confidentiality agreements before inviting manufacturers to produce and contract, and it is required not to disclose products or to produce products privately and sell them to other manufacturers; After discovering the infringement, you should find professional agents and lawyers to deal with related problems and focus on your own business.

　　He emphatically reminded us to pay special attention to this issue when Weibo, WeChat friends circle and QQ space are exposed.

　　Li Chaofan found that the younger generation of entrepreneurs’ awareness of rights protection is improving, the attitude of internet platforms to crack down on infringement is very firm, and complaints about infringement are also accepted quickly, and powerful measures have also been introduced at the national level.

　　Last year, Alibaba launched the "Initial Creative Protection Scheme", aiming at solving the social problem of original protection with technical resources. On Alibaba’s original protection platform, even if it is only a creative manuscript, the original merchants can complete the process of third-party notarization institutions’ deposit and electronic filing within a few hours as long as they launch it on Alibaba’s platform. Once the products released later are copied, the merchants can initiate rights protection complaints through the original protection platform.

　　As long as the original creator completes the initial registration, the platform data technology will finally determine whether there is plagiarism based on the algorithm of image, text and behavior characteristics. Once plagiarism is determined, the platform will automatically handle the complaint. Li Xihan, director of intellectual property protection of Alibaba, said: "It is equivalent to using second-level storage, instant access and other desirable Internet data technologies to issue ‘ Birth certificate ’ 。”

　　The New Progress Report on Intellectual Property Protection and Business Environment in China (2018) shows that in terms of intellectual property protection, China has continuously improved the legal system of intellectual property rights, strengthened administrative law enforcement and judicial protection, promoted regional cooperation among departments and deepened international cooperation. In 2018, the national administrative law enforcement departments investigated and dealt with 215,000 cases of infringement and counterfeiting, including 77,000 cases of patent infringement and counterfeiting, 31,000 cases of trademark violation and more than 2,500 cases of infringement and piracy, and the customs seized 47,200 batches and 24.8 million pieces of infringing goods. Judicial protection has become more powerful. Public security organs have cracked nearly 19,000 cases of infringement and counterfeiting, procuratorial organs have arrested 3,306 cases involving 5,627 people, and courts across the country have concluded nearly 320,000 cases of various intellectual property rights, up 41.6% year-on-year.

　　In addition, on April 23rd this year, the 10th meeting of the 13th the NPC Standing Committee adopted a decision to amend the Trademark Law of People’s Republic of China (PRC), and the revised provisions will come into force on November 1st, 2019. The overall trend of this revision is to strengthen the protection of intellectual property rights, crack down on malicious registration of trademarks for non-real purposes, improve the relief system for malicious registration and malicious litigation, increase the amount of compensation for trademark infringement, especially malicious infringement of trademark rights, and significantly increase the illegal cost, which will give full play to the deterrent effect of trademark law on malicious registration, malicious litigation and malicious infringement.

　　Among them, the revised Article 63 of the Trademark Law changes the calculation method of compensation for malicious infringement of trademark rights from the original "more than one time and less than three times" to "more than one time and less than five times". The maximum legal compensation is raised from the original "3 million yuan" to "5 million yuan". The revision of this clause reflects the further increase of punitive damages for intellectual property infringement.

　　China Youth Daily China Youth Network reporter Lareina C

The State Council approved the Customs Tariff Commission,

The Ministry of Finance and State Taxation Administration of The People’s Republic of China on the second step of cleaning up.

Notice on the opinions on the provisions of tariff and import link tax reduction and exemption

Guo Fa 1994 No.64

People’s governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions and institutions directly under the State Council:

In order to give full play to the macro-control function of customs duties, import value-added tax and consumption tax (hereinafter referred to as import tax) on the national economy and ensure the revenue of the central government, we must strictly control the reduction or exemption of customs duties and import tax, speed up the clearance of customs duties and import tax reduction and exemption regulations, and strengthen tax collection and management. The State Council agreed to the Opinions of the Customs Tariff Commission, the Ministry of Finance and State Taxation Administration of The People’s Republic of China on the Second Step of Clearing up the Provisions on Tariff and Import Link Tax Reduction and Exemption, which are hereby forwarded to you. Please press this.

No department, locality, unit or individual has the right to reduce or exempt tariffs and import link taxes. The State Council and its competent departments will not accept and approve the requests and reports from various regions and departments for tariff reduction and exemption and import link tax. In principle, financial subsidies at all levels and self-help in production should be adopted to solve the difficulties caused by poor areas and serious natural disasters. After the abolition of the provisions on tariff and import link tax reduction and exemption, the projects that are really difficult and need state support can be solved through financial and other channels at all levels. All regions and departments should proceed from the overall situation of the country, consciously safeguard the seriousness of the tax law, and strictly collect taxes and pay taxes according to regulations.

　　　　　　　　　　　　　　　　　　　　　　　　　　the State Council

　　　　　　　　　　　　　　　　　　　　　 December 29, 1994

(This article has been deleted)

Regarding the second step of clearing tariffs and

Opinions on the provisions of import link tax reduction and exemption

The State Council:

Tariff and import link tax are important means of macro-control of the economy and an important source of central fiscal revenue. At present, the nominal tariff rate in China is higher than the average tax rate in developing countries, but the actual tax rate is very low. The main reason for this situation is that there are too many provisions on tax reduction and exemption, which is not conducive to the integration of China’s economic system with international practices, the establishment of an equal competition mechanism in the socialist market economy, the healthy development of national economic construction, and the effective and reasonable evaluation of various investment projects by the state. Therefore, we must follow the principles of unification, standardization, fairness and openness, and speed up the cleaning up of the provisions on tariff and import link tax reduction and exemption. According to the spirit of the instructions of the Central Committee of the Communist Party of China and the State Council on cleaning up the policy-based tax reduction and exemption provisions, combined with the actual situation of the current national economic development, following the implementation of the first step of cleaning up the policy-based tax reduction and exemption documents approved by the State Council in December 1993, we, together with relevant departments, put forward the opinions on the second step of cleaning up the tariff and import link tax reduction and exemption provisions. The report is as follows:

I. Abolished policy provisions on tax reduction and exemption

(1) Provisions on tax exemption for goods imported with foreign loans.

At present, machinery and equipment, special vehicles and materials needed for project construction imported by foreign loans (including loans from foreign governments and international financial organizations) are exempt from customs duties and value-added tax. There are also provisions on tax reduction and exemption for the use of foreign commercial loans. It is suggested that all these provisions on tax reduction and exemption should be abolished as of January 1, 1995 (including those on the use of foreign exchange loans from China banks).

In order to facilitate a smooth transition, it is suggested to take transitional measures while canceling the above preferential policies, that is, the projects under construction that have signed the order contract before the abolition date and the projects that have not signed the order contract but have signed the loan agreement with foreign countries, and the goods imported before December 31, 1995, are still allowed to be exempted from customs duties and import value-added tax according to the original policy.

(2) Preferential tax provisions on office supplies.

After more than ten years of development, China has been able to produce most office supplies and basically meet domestic needs by introducing technology or cooperative production methods. It is suggested that from January 1, 1995, all office supplies imported by any region, enterprise or unit will be taxed according to regulations, and no tax exemption will be given.

(3) Provisions on duty-free import of special equipment and equipment for radio and television publicity.

At the end of last year, the duty-free regulations on imported foreign propaganda equipment and materials were abolished. It is suggested that the duty-free regulations on special equipment and equipment for radio and television propaganda and parts imported for assembling professional equipment and equipment for radio and television propaganda should be abolished as of January 1, 1995. Three key projects invested by the state, namely, china national radio Business Building, China International Broadcasting Center and Beijing Launch Station of the Ministry of Radio, Film and Television, were imported before December 31, 1995, and the equipment was still implemented according to the original regulations.

(four) Interim Provisions on the use of tax incentives to promote the optimization of technology introduction structure.

In 1991, the "Interim Provisions on Promoting the Optimization of Technology Import Structure by Using Tax Preferences" took the proportion of imported software and hardware as the basis for tax reduction and exemption, which did not conform to international practice and was difficult to operate. It is suggested that this provision be abolished as of January 1, 1995. In the future, if the equipment imported from such projects belongs to technical transformation projects, it can be handled according to the current relevant policies.

(5) Provisions on tax reduction and exemption for video products of TV programs imported by domestic TV stations.

In July, 1991, the Notice on Tax Exemption for TV Program Video Products Imported by Domestic TV Stations stipulated that taxable TV program video products should be granted tax exemption or reduction. In view of the rapid development of the production and production of domestic TV dramas and other TV programs, and the increasing advertising revenue, it is suggested that this tax reduction and exemption regulation be abolished as of January 1, 1995.

II. Adjusted provisions on tax reduction and exemption

(1) Preferential provisions on import tax for border and barter trade.

The current tax reduction and exemption policies for border trade and barter trade will be abolished when they expire on December 31, 1995. In view of the current backlog of plywood, asbestos and combine harvesters in the domestic market, and the difficulties in the operation of domestic production enterprises, it is suggested that the tax reduction and exemption for plywood, asbestos and combine harvesters imported through border trade, barter, donation and economic and technological cooperation projects with neighboring countries should be stopped from January 1, 1995, and the tax should be resumed at the statutory rate.

Cancel the provisions on tax reduction and exemption for the barter trade, general seafood imported by border trade in Yanbian and Ji ‘an, and materials imported by enterprises in special economic zones and the former Soviet Union, Eastern Europe and other countries. Since January 1, 1995, it will be implemented according to the current national unified tax policy for materials imported by border trade and barter trade. The barter imported materials for personal use in special economic zones are included in the management scope of materials for personal use.

(2) Provisions on tax exemption for imported sporting goods.

In the past 10 years, the management system of China’s sports teams and the technical level of domestic production of sporting goods have changed greatly. The relevant provisions in the Notice on the Tax Exemption of Imported Sports Equipment for Professional Teams of the Central and Provincial, Municipal and Autonomous Region Sports Committees formulated in 1983 should be adjusted. Since January 1, 1995, the objects enjoying tax exemption have been limited to the national teams belonging to the State Sports Commission, among which the variety of sportswear is limited to competition-specific clothing. Every year, the State Sports Commission submits an application, and the General Administration of Customs, jointly with relevant departments, examines and approves the total amount of duty-free imports, and taxes will be levied according to regulations if the total amount exceeds. For sports equipment and sportswear sponsored by foreign businessmen, after the General Administration of Customs coordinates the production department with relevant departments, the list of articles that cannot be produced in China will be approved and exempted from tax.

(3) Provisions on duty-free shops.

All kinds of duty-free shops (markets) set up in China at present, except those at exit ports, do not conform to international practice. It is suggested that the duty-free shops at ports of entry and the pilot foreign currency duty-free shops (fields) in the Special Zone should be abolished as of January 1, 1995. For other foreign currency duty-free shops in China, it is planned to make further investigation and study before putting forward suggestions for cleaning up. Prior to this, other domestic foreign currency duty-free shops (fields) should strengthen management and strictly implement relevant regulations.

Three, the abolition of specific and special cases of tax reduction and exemption provisions

(a) for those specific and special tax reduction and exemption provisions for individual projects, enterprises, institutions, products and special funds, as well as the temporary tax reduction and exemption provisions (a total of 44 items) approved by the Central Committee of the Communist Party of China and the State Council before issuing the Opinions on the Current Economic Situation and Strengthening Macro-control (Zhongfa [1993] No.6), the implementation shall be suspended from January 1, 1995. However, if an order contract has been signed according to the original provisions before December 31, 1994 and the procedures for tax reduction and exemption have been completed at the customs before January 31, 1995, it will still be implemented according to the original provisions. The Ministry of Finance may take appropriate care of the imported goods of national key construction projects and the implementation of government agreement trade, if there are difficulties due to the suspension of implementation of documents and regulations.

(II) Provisions on tax exemption of imported materials with foreign exchange of 10 million US dollars retained for tourism in Guilin (Guo Ban Tong [1991] No.25), provisions of the General Administration of Customs on tax reduction of imported raw materials of Wuhan Changfei Optical Fiber and Cable Company by half (No.963 [1992] of the General Administration of Customs), and provisions of the General Administration of Customs on granting tax exemption to materials and spare parts of program-controlled switches used in the import bureau of Tianjin Nikko Electronic Communication Industry Co., Ltd. (No.1555 [1992] of the General Administration of Customs)

Four, stop the provisions of tax reduction and exemption for some commodities.

For goods that have imported technology and produced in large quantities, can meet domestic needs, or the country has invested heavily and needs to properly protect their normal development, and the import tax rate has been basically reasonable, all tax reductions and exemptions will be abolished, and taxes will be resumed at the statutory rate, and the catalogue will be listed and implemented by stages. This time, 20 kinds of commodities are listed first (excluding spare parts and key parts imported by designated enterprises producing such products for production), and it is suggested that tax reduction and exemption should be stopped from January 1, 1995, regardless of any mode of trade, any region, enterprise, unit or individual. However, it is excluded from the international treaties that belong to international organizations (excluding non-governmental organizations) and foreign governments and that China has concluded or acceded to, as well as the agreements signed between our government and other governments that can enjoy tax reduction or exemption. The provisions that all kinds of people going abroad, Taiwan compatriots and overseas Chinese (excluding foreign Chinese) can bring them into China duty-free or buy these items duty-free at home are temporarily retained.

V. Measures for the implementation of the approved quota for imported goods with tax reduction or exemption in specific areas

In order to strengthen the management of imported goods in specific areas, the measures for the management of approved quotas are implemented for goods that can be imported with tax reduction or exemption in specific areas according to regulations, and tax reduction or exemption is granted within the approved quotas (in which specific amounts are listed separately for some key commodities), and goods imported in excess of the quotas are taxed at the statutory tax rate. This method is first tried out in special economic zones. In 1995, the quota of materials imported by special economic zones for their own use was studied and put forward by the State Planning Commission in conjunction with relevant departments and submitted to the State Council for approval.

With the development of the national economy, the supply of market materials in the special zone has been greatly improved, and the total foreign exchange used in 1995 for market materials imported by the special zone at half tax was controlled within 200 million US dollars. Since January 1, 1996, the provisions on semi-tax import of market materials in special economic zones have been abolished.

Since January 1, 1995, if the import value-added tax is reduced or exempted for imported goods according to regulations, it will not be deducted when calculating the domestic value-added tax.

Clearing up the provisions on tariff and import link tax reduction and exemption is an important measure to implement the spirit of the 14th Party Congress, the decisions of the 3rd and 4th Plenary Sessions of the 14th CPC Central Committee and the spirit of the Central Economic Work Conference, and to establish a socialist market economic system. Next year, in accordance with the spirit of the instructions of the CPC Central Committee and the State Council, we will study and put forward suggestions on further cleaning up the provisions on tariff and import link tax reduction and exemption, and submit them to the State Council for approval.

If there is nothing wrong with the above opinions, please forward them to all regions and departments for implementation.

　　　　　　　　　　　　　　　　　　　　　　　The State Council Customs Tariff Commission

　　　　　　　　　　　　　　　　　　　　　　　Finance and politics　 　 　department

　　　　　　　　　　　　　　　　　　　　　　 　State Administration of Taxation

　　　　　　　　　　　　　　　　　　　　　　 December 16, 1994

BYD has independently developed the FSD variable damping suspension system, which is used for the configuration of vehicles equipped with Han models. FSD shock absorber is based on the design scheme of shock absorber and integrates additional frequency response valve system. According to the dynamic situation of the vehicle, different damping characteristics can be realized in suspension control and body control, providing the best comfort and stability scheme.

The FSD valve is used to control the oil flow in the damping cylinder, so as to automatically adjust its own hardness. When a vehicle passes through a bumpy road with high vibration frequency, the FSD valve opens two channels for oil flow to pass through, so that oil can pass through more easily, the damping force of the shock absorber is reduced, and the shock absorber becomes "soft", and the shock absorber plays the role of absorbing road impact, so that people in the vehicle have a comfortable driving experience. When the road conditions are good, the vibration frequency of the shock absorber is low, and the FSD valve in the shock absorber cylinder only opens one channel for the oil liquid to pass through. At this time, the damping force of the shock absorber is large, which makes the car more stable and more maneuverable when driving.

The FSD shock absorber equipped on the Han model can perfectly adapt to various road conditions such as low-lying, high-low and gravel roads by automatically adjusting the damping force and rebound speed, effectively filtering the bumpy feeling caused by different roads, and keeping the car body stable and comfortable for drivers and passengers, at the same time, it can also retain appropriate road feedback and improve the driving pleasure of the vehicle.

The Han family sold 31,786 vehicles in November, exceeding 30,000 vehicles for three consecutive months, and the cumulative sales exceeded 400,000 vehicles. As a mid-to-high-end self-owned brand, Han has been continuously sought after by consumers since its listing. Since the launch of a brand-new upgraded model in March, with the support of DM-i super hybrid and DM-p hybrid technology, the sales volume of Han family has continued to grow, with the cumulative sales exceeding 400,000.

Xinhua News Agency, Beijing, August 3 rd, the Ministry of Commerce announced on August 3 rd the imposition of tariffs on some goods originating in the United States. The full text is as follows:

On July 10th, 2018, US time, despite China’s solemn representations and strong opposition, the US government announced that it would impose a 10% tariff on imported goods originating in China, involving about 200 billion US dollars of China’s exports to the United States. On August 1st, US Trade Representative Wright Heze issued a statement, proposing to raise the tax rate on $200 billion of China products from 10% to 25%. The measures taken by the United States wantonly violate the relevant rules and international obligations of the World Trade Organization, further infringe on China’s legitimate rights and interests under the rules of the World Trade Organization, and seriously threaten China’s economic interests and security.

In order to defend China’s own legitimate rights and interests, the China administration imposed tariffs ranging from 25% to 5% on 5,207 items of goods of about 60 billion US dollars originating in the United States in accordance with the People’s Republic of China (PRC) Foreign Trade Law and other laws and regulations and the basic principles of international law.

The final measures and effective time will be announced separately.

Attachment:

1. List of goods subject to 25% tariff on the United States and Canada

2. List of goods subject to 20% tariff on the United States and Canada

3. List of goods subject to 10% tariff on the United States and Canada

4. List of goods subject to 5% tariff on the United States and Canada

Provincial Bureau of Geology and Mineral Exploration and Development, Provincial Bureau of Nonferrous Geology, Provincial Bureau of Coalfield Geology, Provincial Geological Survey, State and Municipal Natural Resources and Planning Bureau, and all qualified units in the province:

In order to further standardize the management of comprehensive prevention and control of geological disasters, according to the Regulations on the Prevention and Control of Geological Disasters, the Regulations on Government Investment, the Decision of the State Council on Strengthening the Prevention and Control of Geological Disasters, and the relevant laws and policies, combined with the actual situation of the province, the Provincial Department of Natural Resources formulated the Management Measures for Comprehensive Prevention and Control of Geological Disasters in Yunnan Province (for Trial Implementation), which was approved by the Provincial Department of Natural Resources for the 24th time in 2022.

Yunnan Provincial Department of Natural Resources

July 29, 2022

(This piece is publicly released)

Measures for the administration of comprehensive prevention and control projects of geological disasters in Yunnan Province(Trial)

Chapter I General Principles

the first　In order to further standardize the project management of comprehensive prevention and control of geological disasters, these measures are formulated in accordance with the Regulations on Prevention and Control of Geological Disasters, Regulations on Government Investment, the State Council’s Decision on Strengthening the Prevention and Control of Geological Disasters, Reform Plan for the Division of Fiscal Affairs and Expenditure Responsibilities between Central and Local Governments in Natural Resources, Implementation Plan for the Division of Fiscal Affairs and Expenditure Responsibilities in Yunnan Province, and other relevant laws and policies, combined with the actual situation of this province.

the second　These Measures shall apply to the management of comprehensive prevention and control projects of geological disasters supported by special funds for the prevention and control of geological disasters at all levels in the province.

Article　The comprehensive prevention and control projects of geological disasters as mentioned in these Measures mainly include geological disaster investigation and evaluation, "three investigations" of hidden dangers, monitoring and early warning, danger elimination, emergency disposal, engineering management, comprehensive management, relocation and avoidance, capacity building, prevention and control scientific research and other projects.

Article 4　Project management adheres to the following principles:

(1) Combination of prevention and control and comprehensive management;

(two) classification and territorial;

(three) the financial affairs and expenditure responsibilities are unified;

(4) Project warehousing and whole-process control;

(five) according to the law, strengthen the responsibility.

Article 5　Project management includes project declaration, on-site verification, expert argumentation, project approval, project library construction, project implementation, project acceptance, operation and maintenance, post-management and protection, and project supervision.

Article 6　Units undertaking the exploration, design, construction and supervision of special geological disaster control projects must have the corresponding qualifications issued by the administrative department of natural resources; To undertake other geological disaster prevention and control projects, it is necessary to have the corresponding qualifications issued by relevant departments.

Article 7　When the geological disaster prevention project adopts the supervision system, the supervision unit and the exploration, design and construction unit of the same project cannot be the same legal person, and they must not have subordinate relations or other interests.

Article 8　The technical quality management of comprehensive prevention and control of geological disasters shall be subject to expert consultation and demonstration evaluation system; The organization and implementation of the project shall implement the systems of legal person responsibility, bidding, project supervision, contract management, examination and acceptance, etc.

Chapter II Division of Responsibilities

Article 9　The Provincial Department of Natural Resources is responsible for the organization, coordination, guidance and supervision of the comprehensive prevention and control of geological disasters in the province, and its main responsibilities are:

(1) Organizing the formulation of provincial geological disaster prevention and control plans and local prevention and control standards, and supervising and guiding their implementation;

(two) to organize the formulation and improvement of the management measures and supporting regulations and procedures for the comprehensive prevention and control of geological disasters, and to organize the construction of the comprehensive prevention and control of geological disasters in the province;

(three) to organize the implementation of geological disaster investigation and evaluation in key areas, regional monitoring, provincial meteorological risk early warning, provincial and county emergency rescue technical support system construction, emergency mapping support and other prevention and control work;

(4) Organizing to review the implementation plans of comprehensive prevention and control projects such as annual hidden dangers "three investigations", meteorological risk early warning, group monitoring and prevention, universal and professional monitoring and early warning, risk area management and control, engineering management, comprehensive management, relocation and avoidance reported by the state (city), and reporting the projects that meet the financial powers and expenditure responsibilities of the central and provincial governments for examination and approval in accordance with the prescribed procedures and relevant requirements;

(5) Organizing the review of the necessity, feasibility, expenditure budget rationality, performance target suitability, and construction drawing design and budget of large-scale and above geological disaster engineering governance projects approved by the state (city), conducting budget review in conjunction with the Provincial Department of Finance, determining the expenditure budget, and arranging grant funds for small and medium-sized geological disaster engineering governance projects that have been implemented in accordance with the fund management measures;

(six) to organize the supervision and inspection of project implementation and establish a negative list management system. Establish and improve the performance index system of project funds, organize and carry out the self-evaluation of fund performance of departments and subordinate units, guide states (cities) to strengthen fund performance management, cooperate with provincial financial departments to implement budget performance management of funds, and strengthen the feedback application of performance evaluation results.

Article 10　The Provincial Geological Survey is the technical general unit responsible for the comprehensive prevention and control of geological disasters, and its main responsibilities are:

(a) responsible for the preparation of provincial geological disaster prevention and control planning, study and draft and improve the comprehensive prevention and control of geological disasters project management measures, supporting implementation rules and related technical standards, norms and procedures;　

(two) responsible for the construction and operation and maintenance of the project library management system in this province, and timely organize the storage of projects that meet the central and provincial financial affairs and expenditure responsibilities in accordance with the requirements;

(three) responsible for the daily management of provincial geological disaster prevention and control experts, technical guidance of geological disaster control project verification and screening, exploration feasibility study and other technical documents, evaluation and completion acceptance. In principle, for large-scale and above-scale geological disaster control projects and medium-sized projects with an investment of more than 3 million yuan, an expert group should be organized to conduct on-site reconnaissance and on-site evaluation;

(four) responsible for organizing the provincial geological disaster prevention and control technical guidance center, and conducting technical and economic review and review of the annual comprehensive prevention and control project implementation plan reported by the state (city) natural resources administrative department;

(five) to assist the Provincial Department of Natural Resources to carry out the bidding, supervision, inspection and guidance, summary and research, effectiveness evaluation and other work related to comprehensive prevention and control projects;

(six) in accordance with the functional responsibilities and the "Yunnan geological disaster prevention and control expert management approach (Trial)" and "Yunnan geological disaster prevention and control technical support system construction implementation plan" and other provisions and requirements, organize other relevant technical support work for project management.

Article 11　The main responsibilities of the state (city) administrative department of natural resources in the comprehensive prevention and control project management are:

(a) to be responsible for the organization, coordination, guidance and supervision of the comprehensive prevention and control of geological disasters in this state (city), and to prepare the prevention and control plan of geological disasters in this state (city) and the annual implementation plan (implementation plan). Organize the fund performance management of the departments and subordinate units, and guide the counties (cities, districts) to strengthen the fund performance management;

(two) responsible for organizing the state (city) geological disaster prevention and control technical guidance center or expert committee, within the jurisdiction of the counties (cities,District) technical demonstration and review of the establishment of comprehensive prevention and control projects such as annual hidden dangers "three investigations", meteorological risk early warning, group monitoring and prevention, universal and professional monitoring and early warning, risk area management and control, engineering management, comprehensive management, relocation and avoidance reported by the administrative department of natural resources. For the comprehensive prevention and control projects of geological disasters that have been approved, timely organize warehousing, review and reporting as required;

(three) to be responsible for the management of the project demonstration, organization and coordination, supervision and inspection, and acceptance organization of medium-sized and above geological disaster engineering management projects, and to supervise and guide the acceptance of small-scale geological disaster engineering management projects;

(four) to supervise and guide the administrative departments of natural resources of counties (cities, districts) within their respective jurisdictions to complete the bidding work of feasibility study, design, construction and supervision of exploration of medium-sized and above geological disaster engineering control projects according to laws and regulations;

(five) to be responsible for sorting, filing, filing, transferring and inputting the archives of comprehensive prevention and control projects within the scope of authority;

(six) in accordance with the relevant provisions of the Provincial Department of Natural Resources and the state (city) administrative department of natural resources, supervise other comprehensive prevention and control projects of geological disasters.

Article 12　County (city, district) natural resources administrative departments in the comprehensive prevention and control project management is the main responsibility:

(a) responsible for the organization, coordination, guidance and supervision of the comprehensive prevention and control of geological disasters within its jurisdiction, responsible for the preparation of the prevention and control plan of geological disasters within its jurisdiction and the annual implementation plan (implementation plan), and responsible for the performance management of the funds for prevention and control of geological disasters within its jurisdiction;

(two) responsible for the comprehensive prevention and control projects within the jurisdiction of the project declaration, project information reporting warehousing, updating, filing, filing, transfer and entry of relevant information systems. Guide the preparation of relevant technical documents, be responsible for the protection of land use and other factors in the implementation of comprehensive prevention and control projects of geological disasters within the jurisdiction, coordinate local mass relations, and create necessary working environment and conditions for all operating units;

(three) as the construction unit of various geological disaster engineering control projects, responsible for the organization and implementation of the projects, the supervision of the operating units, and responsible for the demonstration and acceptance of small geological disaster engineering control projects;

(four) to be responsible for the transfer of projects such as project management, danger elimination and comprehensive management, and the supervision of later management and protection;

(five) to assist the superior administrative department of natural resources in the implementation of supervision, inspection and acceptance of the comprehensive prevention and control projects within the scope of their powers.

Article 13　Provincial geological disaster prevention and control technical guidance center, state (city) level geological disaster prevention and control technical guidance center and county (city, district) level geological disaster prevention and control technical guidance station and the stationed technical support team, according to the "Yunnan Province geological disaster prevention and control technical support system construction implementation plan", according to the division of responsibilities and tasks, respectively, for the natural resources administrative departments at all levels to do a good job in technical support and services.

Chapter III Project Declaration and Project Establishment

Article 14　The declaration and approval of geological disaster engineering management projects shall be handled in accordance with the following requirements:

(a) the county (city, district) administrative department of natural resources to carry out the preliminary investigation and primary selection of the project management project to be implemented, organize the preparation of the project proposal in consultation with the financial department at the same level, and report it to the state (city) administrative department of natural resources for review. According to the audit opinion, the administrative department of natural resources will consult with the financial department at the same level to implement the pre-project funds, determine the exploration feasibility study and design unit according to the law and regulations, and promote the follow-up related work of the project according to the prescribed procedures;

(II) The state (city) administrative department of natural resources shall organize the technical guidance center or expert committee for prevention and control of geological disasters at the same level to conduct on-site verification and review of the projects reported at the county level, form review opinions, conduct budget review together with the financial department at the same level, determine the expenditure budget, complete the project declaration and project establishment, and put them into storage and report through the corresponding module of "Yunnan Geological Disaster Prevention and Control Management Information System";

(3) The Provincial Department of Natural Resources shall organize a review of the projects submitted by the state (city) administrative department of natural resources, and enter the "Extra-large Geological Disaster Prevention Project Management Library" for approval.

Article 15　The declaration and approval of other comprehensive prevention and control projects of geological disasters shall be handled in accordance with the following provisions:

(a) investigation and evaluation, monitoring and early warning, capacity building and prevention and control of scientific research and other projects of the declaration and project, the implementation of the relevant provisions of the Ministry of natural resources, the provincial people’s government, the provincial department of natural resources.

(II) The declaration and establishment of hidden dangers "three investigations", danger elimination, comprehensive management and relocation avoidance projects shall be implemented in accordance with the relevant provisions of the state (city), county-level people’s governments and natural resources administrative departments. Among them, comprehensive management, relocation and avoidance projects are carried out in accordance with the principle of "provincial guidance, city planning, county-level responsibility, and township implementation".

Chapter IV Project Library Construction

Article 16　The Provincial Department of Natural Resources is responsible for organizing the establishment of the comprehensive prevention and control project library of geological disasters in the province (hereinafter referred to as the project library), and is responsible for supervision and maintenance. State (city) natural resources administrative department is responsible for the project reserve work, and organize the project library.

The Provincial Geological Survey Bureau organizes the Provincial Geological Disaster Prevention and Control Technical Guidance Center to review the exploration feasibility study and investment budget of the geological disaster control project to be implemented at the provincial level and above, and form a review report, which will be submitted to the Provincial Department of Natural Resources in conjunction with the Provincial Department of Finance to complete the budget review and determine the expenditure budget, and then submitted for approval after deliberation according to the prescribed procedures, and will be included in the scope of central and provincial expenditure responsibilities.

Projects that are not included in the project library are not allowed to arrange special funds. Except for sudden geological disasters and other projects with particularly urgent danger, but the subsequent warehousing procedures need to be improved.

Article 17　The administrative departments of natural resources at all levels shall, in accordance with their duties and authorities, take the following project work achievements and demonstration evaluation, examination and approval conclusions, performance evaluation, etc. as the basis for project warehousing declaration.

(a) investigation and evaluation, hidden dangers "three investigations", capacity building, prevention and control of scientific research projects, should complete the implementation plan preparation and review.

(two) the monitoring and early warning project shall complete the site selection, construction scheme preparation and review.

(three) engineering management, comprehensive management projects, should complete the exploration feasibility study and budget demonstration, review and review, complete the construction drawing design, budget preparation and review.

(IV) Geological disaster emergency treatment or emergency danger elimination project, you can directly prepare the construction drawing design and investment budget for emergency treatment and danger elimination and review it, and give priority to special funds after declaration and storage.

(5) The relocation avoidance project shall be incorporated into the relocation plan of the county-level immigrants who have avoided danger due to geological disasters, and the site selection and geological disaster risk assessment or site safety assessment and risk and suitability assessment shall be completed, and the annual implementation plan or plan shall be reviewed.

Article 18　The window of the project library is open all year round, and a dynamic adjustment mechanism is implemented. If it needs to be adjusted due to objective reasons, the administrative departments of natural resources at all levels will report the reasons, basis and adjustment of the project as official documents, and report the adjustment according to the power and authority.

Chapter V Project Implementation

Article 19　The implementation of engineering governance and comprehensive governance projects includes project bidding, project execution, information management, project supervision, change management, quality inspection and other links.

Article 20　The implementation of medium-sized and above geological disaster engineering control projects, the county (city, district) administrative department of natural resources as the project construction unit, the state (city) administrative department of natural resources as the project supervision unit, in accordance with the following provisions to carry out the work:

(a) the construction unit shall organize bidding to determine the feasibility study, design, construction and supervision units of the project exploration. Among them, the exploration feasibility study and design bidding shall be completed within 2 months from the date when the preliminary work of the project is agreed, and the construction and supervision bidding work shall be completed within 2 months from the date when the project construction drawing design and budget are reviewed and approved.

(two) the construction unit and the successful bidder signed a project exploration feasibility study and design contract, and assisted and urged the successful bidder to complete the preparation of technical documents such as exploration feasibility study and construction drawing design.

Complete the preparation, demonstration and evaluation of the exploration feasibility study report within 3 months from the date of signing the project contract; Complete the construction drawing design, budget preparation and review within 1 month from the date of the feasibility study report of exploration. If the completion needs to be postponed due to objective reasons, a written application shall be formed and the consent of the construction unit shall be obtained.

(three) the state (city) administrative department of natural resources is responsible for organizing the technical guidance center for the prevention and control of geological disasters at the corresponding level to organize expert groups or expert committees to demonstrate, evaluate and review the technical and economic feasibility study and budgetary estimate of the project exploration.

If the technical and economic demonstration and evaluation are not feasible, the preliminary work of the project will be terminated.

Technical and economic demonstration, evaluation of feasible projects, the completion of construction drawing design, budget preparation and review, the state (city) administrative department of natural resources in accordance with the provisions of the "three majors and one big" after deliberation by the relevant meeting of the department, through the "Yunnan Province geological disaster prevention management information system" input project library. Among them: projects that belong to the state (city) and county (city, district) and share the responsibility for expenditure shall be submitted to the people’s government at the same level for approval after the state (city) administrative department of natural resources and the financial department at the same level complete the budget review and determine the expenditure budget; Is a provincial, provincial common affairs and expenditure responsibility of the project, by the Provincial Department of Natural Resources in conjunction with the Provincial Department of Finance to complete the budget review, determine the expenditure budget after the joint report to the provincial people’s government for approval; The projects that belong to the central and provincial governments and share the responsibility for expenditure shall be submitted to the Ministry of Natural Resources and the Ministry of Finance for warehousing and examination and approval after the provincial natural resources department and the provincial department of finance complete the budget review and determine the expenditure budget.

(4) The project construction unit is responsible for the site management of the project, coordinating the relationship between the local government and the masses, implementing matters such as land use for the project and compensation for demolition, and creating necessary working conditions for the contractors.

(5) In principle, the implementation of the project shall be completed within one year from the date of issuing the special funds for the project (except for the phased implementation of the project). If it is really necessary to postpone the project due to objective factors such as construction conditions and unforeseeable conditions, it shall be postponed according to the project management mechanism, but the extension shall not exceed six months.

(six) in the process of project implementation, strictly implement the approved construction drawing design and do a good job in investment control. If it is really necessary to change due to objective reasons, the exploration and design unit shall prepare the design change document. For general changes, the supervision unit shall preside over the demonstration and report to the construction unit for approval before implementation; For major changes, presided over by the construction unit, state (city) geological disaster prevention and control technical guidance center organization expert group or expert committee demonstration, review, according to the financial affairs and expenditure responsibility, by the original warehousing examination and approval authority organization review and approval.

(VII) The construction unit shall strengthen the management of project quality, progress and funds, and timely input the technical, economic, management and other relevant information and data of the project implementation into the relevant information system according to the project progress, so as to realize the dynamic information management of the whole project process. For the problems and feedback found, the participating units shall make rectification within a time limit. If the rectification is not in place, they shall be included in the annual performance and integrity record registration and notified and interviewed.

(eight) the construction unit shall entrust a third-party engineering quality inspection agency with corresponding qualifications to conduct quality inspection of building components and building installations in accordance with relevant regulations, technical requirements and design documents, and issue a project quality inspection report. The specific inspection requirements are defined by the design documents according to the characteristics of the treatment project, and can also be specified by the on-site special inspection and supervision expert group according to the inspection situation.

Article 21　The implementation of small geological disaster control projects, the county (city, district) administrative department of natural resources as the construction unit, in accordance with the following provisions to carry out the work:

(a) the exploration feasibility study, design and implementation of the projectEngineering and supervision units shall be determined by the construction unit within 2 months from the date of project approval in accordance with the law.

(2) Preparation of technical documents. The construction unit is responsible for organizing the exploration and design units to complete the exploration work and the preparation of design documents as the basis for the implementation of project management. The feasibility study report of the project can no longer be compiled separately, but it needs to include the necessity, feasibility, scheme comparison and other related contents in the construction drawing design.

(3) review and approval. County (city, district) administrative departments of natural resources shall be responsible for organizing the demonstration and evaluation of exploration results, construction drawing design and budget, and report to the people’s government at the county level for approval in conjunction with the finance department at the same level.

(4) Design changes. In the process of project implementation, strictly implement the approved construction drawing design and do a good job in investment control. If it is really necessary to change due to objective reasons, the exploration and design unit shall prepare the design change document, and the supervision unit shall preside over the demonstration and review, and report it to the construction unit for approval before implementation.

(5) Regulatory requirements. The construction unit shall fill in the project management information through the relevant information system, and the administrative department of natural resources of the state (city) shall be responsible for supervising the progress, quality and safety of the project implementation, so as to realize the dynamic information management of the whole process.

(6) Quality inspection. The construction unit shall entrust a third-party engineering quality inspection agency with corresponding qualifications to conduct quality inspection on building components and building installations in accordance with relevant regulations, specifications, technical requirements and design documents, and issue an engineering quality inspection report. The specific inspection requirements are defined by the design documents according to the characteristics of the treatment project, and can also be specified by the on-site special inspection and supervision expert group according to the inspection situation.

(7) Time limit requirements. In principle, the time limit for project implementation shall be completed within half a year from the date when the special funds for project management are issued. If it is really necessary to postpone due to objective factors such as construction conditions and unforeseeable conditions, the extension shall be handled according to the project management mechanism, but the extension shall not exceed 3 months.

Article 22　Because of the implementation of the geological disaster relocation and avoidance project, the county (city, district) administrative department of natural resources shall organize geological disaster investigation in accordance with the relevant regulations and requirements, clarify the households threatened by geological disasters and the urgency of relocation, evaluate the suitability of the proposed site, and prepare or adjust the county-level geological disaster relocation and avoidance resettlement plan according to the investigation results. After being reviewed and approved by the expert group organized by the state (city) administrative department of natural resources, it shall be reported to the county-level people’s government for overall coordination and integration of relevant funds of various departments.

Article 23　For the implementation of the comprehensive management project of geological disasters, the county (city, district) administrative department of natural resources shall organize professional and technical units to carry out comprehensive investigation, evaluation and demonstration of relocation and site selection and engineering management according to the county-level geological disaster relocation, avoidance and resettlement plan or annual implementation plan, which will be included in the state (city) project implementation plan after being reviewed and approved by the expert group organized by the state (city) administrative department of natural resources, submitted to the county-level people’s government for approval and implementation, and submitted to the province through the "Yunnan Geological Disaster Prevention and Management Information System".

Article 24　The implementation of geological disaster monitoring and early warning project, according to the "Yunnan geological disaster monitoring and early warning project management approach (Trial)" implementation.

Article 25　Emergency treatment projects can simplify management procedures and merge technical links according to the actual situation, and be implemented in accordance with the bidding law, emergency plans for sudden geological disasters and relevant regulations of provinces, cities and counties on emergency treatment, emergency rescue and disaster relief projects.

Article 26　The management of geological disaster investigation and evaluation projects shall comply with the relevant provisions of the Ministry of Natural Resources and the Provincial Department of Natural Resources.

Article 27　The administrative department of natural resources at a higher level in this province shall, according to the division of responsibilities, conduct spot checks on the annual project in conjunction with the relevant departments of finance at the same level, and urge the administrative department of natural resources at a lower level to rectify the problems found in the spot checks within a time limit. If the rectification is not in place, the application qualification of the newly established comprehensive prevention and control project of geological disasters in this area may be suspended.

Chapter VI Project Acceptance

Article 28　Natural resources administrative departments at all levels shall organize project acceptance according to the division of responsibilities. The acceptance of geological disaster engineering control projects and comprehensive control projects is divided into preliminary acceptance and completion acceptance. In principle, the preliminary acceptance should be completed within 3 months from the date of project completion. After the preliminary acceptance has passed the test of one hydrological year, the completion acceptance should be completed within 3 months.

Article 29　The state (city) administrative department of natural resources and the county (city, district) administrative department of natural resources shall, according to the principle of avoidance, randomly select experts from the expert database of geological disaster prevention and control to set up an acceptance expert group to conduct acceptance on the implementation, completion of engineering quantity, construction quality, construction period and engineering operation and maintenance measures of the project, and listen to the opinions of the people’s government of the township (town) where the project is located and the surrounding people.

Article 30　The acceptance requirements for the comprehensive prevention and control of geological disasters are:

(1) Acceptance of engineering governance projects. For initial acceptance, it shall provide acceptance application, project initiation documents, contracts, project exploration and design documents, design change documents, process control records, self-inspection reports and rectification reports, completion reports, supervision reports, third-party technical quality inspection reports, etc.; Completion acceptance, in addition to the above-mentioned preliminary acceptance information, should also provide preliminary inspection opinions and rectification reports, monitoring reports, project commissioning reports and other related information. The specific acceptance work shall be carried out in accordance with the requirements of Yunnan Geological Disaster Control Project Acceptance and Handover Regulations.

(two) comprehensive management project acceptance. It shall include: survey data, planning data, annual implementation plan, newly-built houses and demolished old houses, confirmation of identity information of relocated personnel, completion data, and necessary conditions and relevant materials for acceptance of engineering governance projects, which shall be completed by the county-level host department responsible for organizing implementation in conjunction with natural resources departments at the same level after being approved by the county-level people’s government.

(3) Acceptance of relocation and avoidance projects. It should include: survey data, planning data, annual implementation plan, newly built houses and demolished old houses, confirmation of identity information of relocated people, completion data, etc. After the approval of the people’s government at the county level, the county-level hosting department responsible for organizing the implementation will complete it in conjunction with the natural resources departments at the same level.

(four) monitoring and early warning project acceptance. According to the "Yunnan geological disaster monitoring and early warning project management measures (Trial)" implementation.

(five) acceptance of the project. It should include: application for completion acceptance, project design, contract or power of attorney, completion report, supervision report, etc.

(six) investigation and evaluation and other project acceptance. In accordance with the relevant provisions of the Ministry of Natural Resources and the Provincial Department of Natural Resources.

Article 31　In the process of acceptance, if it is necessary to conduct sampling inspection on the quality of geological disaster engineering management and comprehensive management projects, a third-party technical quality inspection unit shall be entrusted according to relevant regulations.

Article 32　Acceptance conclusions are divided into two categories: qualified and unqualified, and the acceptance team shall issue acceptance opinions; If the acceptance is unqualified, the construction unit shall be responsible for urging the participating units to make rectification within a time limit before organizing the acceptance. If the rectification is not carried out as required or the rectification is still unqualified, it shall be handled according to relevant regulations.

Article 33　The construction unit shall, in accordance with the Interim Provisions on the Management of Archives of Capital Construction Projects, establish and improve the project archives management system, and all participating units shall timely collect and rectify them.Manage, compile and file relevant information from project declaration to completion acceptance.

Within 3 months from the date when the project is completed and accepted, the construction unit and supervision unit shall go through the formalities for the transfer of archives to the construction unit.

The construction unit shall, according to the project type, characteristics and levelAnd so on, in accordance with the law and regulations to implement the project operation and maintenance, management and protection of the main body and funding guarantee, the acceptance results should be timely input "Yunnan Province geological disaster prevention and control management information system".

Chapter VII Operation and Maintenance, Management and Verification

Article 34　The operation, maintenance and post-management of geological disaster monitoring and early warning projects shall be implemented according to the requirements of the Measures for the Administration of Geological Disaster Monitoring and Early Warning Projects in Yunnan Province.

Article 35　The operation, maintenance and warranty of geological disaster engineering management and comprehensive management projects shall be implemented according to the following requirements:

(a) before the completion acceptance, the construction unit shall be responsible for the management and maintenance of the governance project;

(two) the construction unit shall submit the "Project Quality Warranty" to the construction unit, and shall be responsible for the warranty in accordance with the "Project Quality Warranty" during the warranty period of the project quality.

Article 36　The late management and protection of geological disaster engineering management and comprehensive management projects shall be implemented according to the following requirements:　

(a) in the project design documents, it is necessary to combine the characteristics of geological disasters, the structural characteristics of the control project, clarify the instructions for the use of the project and the main points of operation and management, and arrange the necessary management and maintenance funds. The funds required for management and maintenance shall be stipulated separately.

(II) From the date of completion and acceptance, the state (city) administrative department of natural resources shall, within 15 working days, designate the post-project management and maintenance unit, sign the management and protection transfer agreement, and go through the relevant formalities according to the situation of the area where the governance project is located, the protected objects and the beneficiaries. The construction unit shall set up permanent signs in the project management area, indicating the project information, the names of relevant units such as construction, exploration, design, construction, supervision, quality inspection, monitoring, management and maintenance, and the information of the person in charge, and accept public supervision.

(III) The management and maintenance unit shall, in accordance with the design requirements, establish a management and protection system, define the management and protection personnel and responsibilities, delimit the management project protection areas and set up protection signs.

The management and maintenance unit shall regularly inspect the governance project, and deal with the problems in time when found. At the end of the year, it shall prepare an annual management report and report it to the project construction unit.

Beyond the disposal capacity of the management and maintenance unit, the management and maintenance unit shall promptly report to the construction unit or the relevant competent department, and the construction unit shall arrange maintenance funds for special disposal.

Article 37　After engineering treatment, relocation and avoidance, and comprehensive treatment, the hidden points that are no longer threatened by geological disasters will be written off in time by the construction unit according to the relevant requirements of the Management Measures for Identification and Write-off of Geological Hazards in Yunnan Province (Trial).

Chapter VIII Project Supervision

Article 38　The administrative departments of natural resources at all levels shall, in accordance with their powers, jointly with the financial departments at the same level, conduct all-round, whole-process and information-based supervision over project implementation and fund implementation.

sequenceArticle 39　Supervision methods should be patrol supervision, online monitoring, on-site verification and other ways to strengthen the supervision and inspection of the implementation of the comprehensive prevention and control of geological disasters and the implementation of funds and the performance management of funds.

Article 40　The administrative departments of natural resources at all levels shall strengthen supervision and management, and investigate the responsibility of the project contractors, relevant responsible units and personnel in violation of the Regulations on Government Investment, the Regulations on the Prevention and Control of Geological Disasters, and the Measures for the Administration of Government Investment in Yunnan Province.

sequenceArticle 41　Units and personnel who fail to carry out the work as required, the project implementation progress lags behind, the project quality is unqualified, and the funds are executed slowly during the project implementation process shall be notified, listed and interviewed throughout the province, and the scale of the provincial-level geological disaster prevention and control funds in the region next year shall be reduced or the project funds shall be recovered as appropriate; For areas with serious circumstances such as problems in many dispatches and delays in rectification, the application for project declaration in this area will be suspended.

Article 42　Before the preliminary work of the geological disaster control project and the start of construction, the legal representative of the exploration, design, construction and supervision unit shall sign a power of attorney with the project management personnel of the unit to clarify the person in charge of the project, and bear corresponding responsibilities for the engineering quality accidents or quality problems caused by exploration, design, construction and supervision.

The person in charge of the project shall, when signing the contract, sign the commitment letter of lifelong responsibility for project quality, and report it to the construction unit for the record together with the power of attorney of the legal representative.

Chapter IX Supplementary Provisions

Article 43　The term "three investigations" as mentioned in these Measures refers to the pre-flood investigation, mid-flood inspection and post-flood verification of geological hazards.

The term "monitoring and early warning" as mentioned in these Measures refers to regional monitoring of geological disasters (hidden danger identification), meteorological risk early warning, group monitoring and prevention, universal and professional monitoring and early warning.

The term "capacity building" as mentioned in these Measures refers to the work of popular science propaganda, emergency drills, risk area control, technical support system, informatization and operation and maintenance of geological disasters.

The term "comprehensive management" as mentioned in the present Measures refers to a comprehensive geological environment improvement project that takes the protection of people’s lives and property safety, the implementation of ecological restoration, land improvement, and the promotion of rural revitalization as the main objectives or indicators, and uses policies such as linking the increase or decrease of urban and rural construction land, and comprehensively adopts the combination of engineering management and safe-haven migration.

Article 44　The administrative departments of natural resources of each state (city) and county (city, district) shall, with reference to these measures, formulate or refine the corresponding measures for the management of comprehensive prevention and control of geological disasters according to the powers and expenditure responsibilities, combined with local actual conditions.

Article 45　These Measures shall be interpreted by the Provincial Department of Natural Resources.

Article 46　These Measures shall come into force as of September 1, 2022 and shall be valid for 5 years. The original Measures for the Administration of Geological Disaster Control Projects in Yunnan Province (No.103 [2014] of Yun Guo Tu Zi) and the Notice on Amending Some Provisions of the Measures for the Administration of Geological Disaster Control Projects in Yunnan Province (No.70 [2015] of Yun Guo Zi Zi) shall be abolished at the same time.

The U.S. district federal court recently sentenced Google, saying that it monopolized the search and advertising markets and violated the U.S. antitrust law.

Judge Amit P. Mehta said in his ruling that "Google is a monopolist" and said that these actions of Google violated Article 2 of the Sherman Act: it is forbidden for anyone to "monopolize, attempt to monopolize or collude with others to monopolize any part of any trade or business".

Judge Mehta pointed out in a 277-page ruling that Google almost controls 90% of the online search market and 95% of the smartphone market. There are also details of the agreement between Google and those browser developers and mobile device manufacturers, such as how to divide and pre-install Google search as the default engine. Google used these agreements to squeeze the market share of competitors, and the incentives for innovation and investment decreased, and the advertising fees also went up.

At present, it is only a preliminary judgment, which only involves the issue of corporate responsibility and does not involve specific punishment measures. The next decision may require it to stop some business activities, and may even split its search business. In addition, Google is also facing another federal antitrust case about advertising technology, which is expected to be heard in September.

Kent Walker, president of Google’s global affairs, said that he would appeal the ruling. He stressed that Google can dominate because it has built a best and most practical search engine, which is good for consumers and advertisers.

Some people have commented that this is one of the most important antitrust cases in this century, and it is also the beginning of a series of cases to be filed against large technology companies, which may profoundly change the business operation mode of Internet technology giants. This case may have an impact on other countries’ antitrust lawsuits against Google, Apple, Amazon and Meta (the parent companies of Facebook, Instagram and WhatsApp).

The last anti-monopoly ruling with such great influence dates back to more than 20 years ago, when the protagonist was Microsoft.

Complete award: https://assets.bwbx.io/documents/users/iqjhwhbfdfxiu/rz1ull.0yqbo/v0.

First, the great victory of the Ministry of Justice, Apple Meta Amazon is also taking a lawsuit.

This ruling is a great victory for the US Department of Justice, because they have been accusing Google of illegal monopoly in the Internet search market.

In 2020, the US Department of Justice and some states took Google to court, accusing it of illegally consolidating its market position and crowding out potential competitors such as Bing and DuckDuckGo by paying huge sums of money to companies such as Apple and Samsung to make Google search the default option on mobile phones and browsers.

"These agreements have given Google an unmatched scale for more than a decade," Judge Mehta wrote.

In September 2023, the case was officially launched in court. Judge Mehta agreed with a part of the view in the lawsuit of the Ministry of Justice: Google did monopolize the "general search service" and "general search text ads". That is to say, through exclusive distribution agreement in the American market, the market monopoly position of general search service and general text advertisement has been established.

Google does invest huge sums of money in browsers such as Apple’s Safari and Mozilla’s Firefox every year to ensure that it can become the default search engine. In 2021, in order to maintain the default status of their search engines, Google paid Apple about $18 billion, and signed similar agreements with Mozilla and Samsung. It also makes the default status of some apps a condition for Android phones to access the Play Store. In addition, an expert witness of Google inadvertently revealed that Google and Apple shared 36% of Safari search advertising revenue.

Kent Walker, president of Google’s global affairs, said that he would appeal this ruling. He said: "Although the court’s ruling recognizes that our search engine is the best, the conclusion seems to mean that we should not let everyone use it so easily. In the process of continuing our appeal, we will still focus on making things that everyone finds useful and convenient to use. "

The CEO of DuckDuckGo stood up against Google in the trial. He supported the ruling, but he also knew that the struggle was far from over. In a statement, SVP Kamyl Bazbaz, who is in charge of public affairs at DuckDuckGo, said, "As we have seen in the EU and other regions, Google will try its best not to change. However, we know that there is a strong demand for alternative search engines in the market, and this ruling will help us provide more choices. "

During the trial, Microsoft CEO Satya Nadella expressed his concern about Google’s dominant position in the market. He believed that the relationship between Google and Apple had formed a "Google network", a situation close to "oligopoly". If Google continues to develop without hindrance, it is likely to dominate AI.

This is the first ruling in a series of science and technology monopoly cases filed by the US government in recent years. Legal scholars predict that this ruling will affect the government’s anti-monopoly litigation against other technology giants.

It has been twenty years since the anti-monopoly lawsuit of the Ministry of Justice against Microsoft in 2001 and the next anti-monopoly case against Google.(The Google case was filed in 2020). Since 2020, more similar cases have appeared soon.

At present, Amazon, Apple and Meta are all facing monopoly lawsuits filed by the US government. The Justice Department has sued Apple, accusing it of making it difficult for consumers to give up the iPhone. The FTC sued Meta, arguing that Meta suppressed emerging competitors, and also sued Amazon, accusing them of squeezing sellers in the online market.

Second, if you lose the case, Google may face five penalties.

In the United States, the default search engine for every new mobile phone is almost Google. For users, Monday’s ruling on Google may mean that Google will no longer be the ubiquitous boss in the future.

At present, Judge Mehta needs to make a further ruling on how to deal with Google. He has arranged a hearing in September and will discuss specific punishment measures then.

Next, he may order a major adjustment to the default settings of the new device, requiring users to choose their own default search engine before the first search, and may also ask Google to sell some of its services.

However, because Google has appealed this judgment, the whole legal process may be delayed for many years, and may even never be implemented.

Here are five possible punishments proposed by professionals.

1. It is forbidden for Google to continue to sign exclusive distribution agreements with large companies.

There are three main ways for American courts to solve the monopoly problem: ordering the end of illegal acts, making rules to prevent them from happening again, and taking any necessary additional measures.

In order to meet the first requirement, the most common prediction is that Mehta will prohibit Google from continuing to sign agreements on default engines with companies such as Apple, Samsung and Mozilla.

"At the very least, the Ministry of Justice will ask for an injunction prohibiting Google from engaging in acts that the court considers inappropriate." William Kovacic said that he was a member of the antitrust regulator of the US Federal Trade Commission.

Location is very important. Mehta’s ruling found that even if users can easily change the default settings, most people will not change them.

But some people do prefer Google. Bing is the default search engine for some Microsoft devices, which is why "Google.com" is the most popular search term on Bing.

In the future, users who like to use Google may have to search for "Google.com" in other search engines.

2. Remind users to change Google more frequently.

Mehta can follow the example of the EU. The European Union has been asking Google to provide search engine options on Android devices for years, and recently extended this rule to Chrome browsers.

This regulation in Europe has not made Google’s substitutes popular, because users still recognize Google more than users. The horse has gone out of the stable, but one problem with free choice is that it may not reduce Google’s market share. Herbert Hovenkamp, an antitrust scholar at the University of Pennsylvania, said.

However, if Mehta takes this approach, he should further improve the EU rules, said SVP Kamyl Bazbaz of DuckDuckGo’s public affairs department. Users should see the prompt to choose a search engine regularly, not just once. At the same time, users should not be disturbed by Google pop-ups, and Google can’t pop up from time to time to remind users to switch the default search engine back to Google. When you use another search engine for the first time, you should also be able to set it as the default with one click.

In this way, some people may give up Google more firmly, but various frequent default settings reminders may upset some people.

3. Stripping the search business from Google

In recent years, the judicial department is more inclined to take structural punishment measures, such as requiring companies to divest some businesses. The most famous example is the split of the telephone giant Bell Company in 1980s, after which a number of independent companies including AT&T were created.

However, not all cases will be supported by the court. For example, in the case of Microsoft, they lost the antitrust lawsuit in the 1990s, and it was not split in the end, but Microsoft finally agreed to a series of behavioral adjustments.

Regulators prefer to divest the company’s business once and for all, so that the problem can be solved once and for all, and there is no need to continuously monitor whether the company complies with the regulations.

The difficulty is to determine which business parts should be divested. John Kwoka, an economics professor at Northeastern University, pointed out that the key is to identify the businesses that Google has and "distort its own incentive mechanism". For example, if the search business is divested, Google’s Android system may be allowed to cooperate with more search engines.

Hovenkamp is skeptical about whether stripping off the search business can really increase market competition. After all, this service is very popular. He said, "Even if Google search is sold, it will only give another company the dominant position. I’m not sure what kind of split can really be effective."

Some financial analysts who specialize in Google’s parent company Alphabet are also not optimistic about this practice. Moody’s rating VP Emile El Nems believes that "Alphabet’s large scale, strong execution and stable financial situation have reduced legal risks and the possible financial and business model impact."

Some legal experts have imagined a possible future scenario: search results are provided by Google, but advertising services are handled by a company separated from Google. One possible problem with this arrangement is that the accuracy of advertising may decline and may even become more annoying.

4. Force Google to share data and algorithms with competitors.

Judge Mehta emphasized in his ruling that Google received far more searches than any other search engine, and these data promoted the optimization of their algorithms, so it had a good user experience.

One of the most radical punishments is to ask Google to share data or algorithms with its competitors to make them stronger.

Rebecca Haw Allensworth, a professor at Vanderbilt University, said: "Courts usually don’t like to force competitors to share such data, but judges seem to be very concerned about how Google’s behavior weakens competitors’ competitiveness in the scale of search data." "Compulsory data sharing can directly solve this problem."

Bazbaz Baz of DuckDuckGo mentioned that all the queries users make on Google and all the results they click on are data that may be shared.

However, he needs to provide necessary technical support and customer service to ensure that other applications can also obtain Google’s search results, and can integrate these results into his own service to provide users with a competitive search experience.

Other competitors believe that Google is not doing well enough in this regard at present.

"Only by taking various punishment measures can competitors enter the market and rely on the advantages of their own products for fair competition." Lee Hepner, senior lawyer of the American Economic Freedom Project, said.

Any method involving Google’s sharing of data may cause users’ privacy concerns. If the strength of competitors increases, they will also have a greater chance to get the default settings. This means that those users who prefer to use Google may need to do some extra operations to return to their accustomed Google search.

5. Strengthen supervision to prevent Google from getting worse.

The US Department of Justice will propose possible punishment measures to Judge Mehta, and Google will have the opportunity to refute it. At present, neither side has disclosed their specific requirements.

In some other antitrust cases, Google continues to restrict competition by designing products and changing policies, one of which is to make it difficult for competitors to bear the cost of competition.

Bazbaz Baz of DuckDuckGo judged, "Google will do everything it can to hinder progress." Therefore, he hopes that Judge Mehta can establish a regulatory body to implement these measures and ensure that Google can abide by these regulations.

He also hopes that Google is required to invest in public education programs to let users know the benefits of changing to a search engine. Through these regulatory and public relations measures, users may frequently hear information about Google’s search antitrust case for a long time to come.

Third, if you lose, the worst thing may be Firefox.

Although Google lost the case in Monday’s ruling, the court did not rule that Google should implement the appeal of the Ministry of Justice. It is unlikely that the court will force Apple to abandon Google as a search partner, but it may demand that the terms of the agreement be changed to create a level playing field, such as providing multiple searches instead of becoming the default search.

If Google is asked to withdraw its agreement with Apple, theoretically, after consumers open new devices for the first time, Safari interface will display different options-such as Microsoft Bing, DuckDuckGo, etc., and Google will become a parallel choice.

At the same time, Apple will not be able to get this huge sum of money from Google. This is really a major blow to it. On Monday, Apple’s share price fell by nearly 5%. However, Apple does have diversified businesses and a wide range of income sources, so it will not fall into financial difficulties.

At present, Apple has gradually got rid of its dependence on traditional Internet search engines through artificial intelligence technology.

Apple’s eyes are on AI, improving and enriching Siri’s functions, and introducing OpenAI’s ChatGPT and Google’s Gemini chat bot into Apple’s mobile phone. Future consumers will be guided to Apple’s built-in AI and Siri instead of web browsers.

In the next few months, Apple’s system interface will change. The upcoming Apple Intelligence may change the way people use the iPhone and other devices. Once the new "type into Siri" function is implemented, users can query the AI assistant from anywhere on the iPhone, iPad or Mac interface without talking to Siri.

Apple’s coping strategy actually presents a feature of the struggle between the government and the technology industry. Technology is developing so fast that when the government liquidates it, the industry has entered the next innovation era. Apple will have the opportunity to reach new non-exclusive agreements with artificial intelligence companies such as Google, which will not violate the legal rules of the US government.

In contrast, the situation of another partner of Google is not optimistic.

Mozilla, a non-profit technology organization, is the developer of Firefox browser. After users enter text in Firefox browser and click query, the interface will automatically use Google’s search engine. According to the Mozilla Foundation’s recently published financial statement for 2021-2022, 510 million of the 593 million dollars in revenue came from Google’s search payment. If Google’s $510 million disappears completely, Mozilla will face a major financial crisis.

Mozilla first emerged in the late 1990s. At that time, the Internet Explorer browser developed by Microsoft almost had a monopoly position in the web browser market. As a community-driven project, Mozilla has been trying to break this situation. Monday’s ruling is a new challenge, or a setback, it encountered in the market dominated by giants. Earlier this year, Mozilla laid off about 60 employees and the CEO announced his resignation.

At present, Mozilla is still very brave and has not directly solved the survival problem that the ruling may pose. A spokesperson for Mozilla said, "Mozilla has always supported consumers’ competition and choice, especially in search. We are closely reviewing the court’s ruling, considering its potential impact on Mozilla, and how we can take active actions in the next step … Firefox will continue to provide a series of search options to satisfy users’ preferences and cultivate a competitive market."

Fourth, a lesson from the past: the Microsoft monopoly case finally ended in reconciliation.

The last important U.S. court ruling on science and technology antitrust was the Microsoft case in the 1990s.

In this trial against Google’s monopoly, Google repeatedly tried to explain the difference between this case and the case against Microsoft in that year. Google believes that today’s competition threshold in the search field is far lower than Microsoft’s control over personal computer software.

The current antitrust case against Microsoft has set the tone for the contest between the government and Google. The Ministry of Justice and some states believe that this search giant is following the old path of Microsoft, but the battlefield has shifted to different technology markets.

The general process is as follows:

Litigation: In May 1998, the U.S. Department of Justice, together with 19 states and the District of Columbia, filed an antitrust lawsuit against Microsoft. The main reasons for the prosecution include: Microsoft abused its monopoly position in the operating system market, squeezed out its competitors through improper means, especially bundling Internet Explorer with Windows, and attacked Netscape Navigator of Netscape.

Preliminary judgment: In June, 2000, federal judge Thomas Penfield Jackson ruled that Microsoft violated antitrust and ordered Microsoft to split into two independent entities: one responsible for operating system business and the other responsible for software application business.

Appeal and settlement: Microsoft appealed this judgment. During the appeal, Microsoft continued to argue that their behavior was a legitimate business strategy, not anti-competitive behavior, while trying to reconcile with the government to avoid the company being split up. In June 2001, the court of appeal overturned the order to split the company, but upheld the ruling that Microsoft violated the anti-monopoly law. The case was remanded to a new judge.

Final settlement: After a series of negotiations, in November 2001, the US Department of Justice and Microsoft reached a settlement agreement. The agreement came into effect on November 1, 2002.

The main contents of reconciliation:

The final settlement agreement did not require the separation of Microsoft, which is a major difference from the original judgment.

After the settlement, science and technology critic Cringely wrote in his personal column that it is impossible to split Microsoft. Microsoft has firmly controlled the market, and only major internal mistakes can make it die. "Now the only way for Microsoft to die is to commit suicide."

In the end, the verdict on Microsoft weakened Microsoft’s dominant position in the technology industry and made room for other technology companies (such as Google and Apple) to develop. This case also affected the European Union, which made a similar ruling against Microsoft in 2004.

The US antitrust case against Microsoft also laid the foundation for the competition rules of digital giants at that time.

Reference article:

https://www.theverge.com/2024/8/5/24155520/judge-rules-on-us-doj-v-google-antitrust-search-suit

https://www.nytimes.com/2024/08/05/technology/google-antitrust-ruling.html

https://techcrunch.com/2024/08/05/google-loses-massive-antitrust-case-over-search/

https://fortune.com/2024/08/05/mozilla-firefox-biggest-potential-loser-google-antitrust-search-ruling/

https://www.bloomberg.com/news/articles/2024-08-05/apple-s-shift-to-ai-is-poised-to-soften-blow-from-google-ruling

https://www.nytimes.com/2023/11/14/business/google-antitrust-microsoft-precedent.html

This article comes from WeChat WeChat official account:Founder Park, by Founder Park