Car damaged houses run water … Who will "pay" for property losses after the rainstorm?
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Recently, heavy rains have occurred frequently, and meteorological departments and other relevant departments have issued early warning information in time to remind the public to take preventive measures. Who will be responsible for the property loss? How to defend rights? Three court cases belong to rain-related disputes, and the judge interpreted the case to provide useful guidance for the prevention of disputes and the resolution of contradictions.
The sudden rainstorm caused the courier to be soaked. Should the courier company pay for it? The rain rushed into the living room and bedroom, and the furniture was damaged. Should the property be held responsible? Is it legal for the insurance company to refuse to compensate for the car stall caused by water accumulation on the road?
Recently, extreme weather such as heavy rain has occurred frequently, and people are faced with rain-related disputes. How should we protect our rights? Who will be responsible for the property losses? A few days ago, the Fangshan District People’s Court of Beijing issued a set of typical cases and interpreted them in order to provide useful guidance for effectively preventing disputes and resolving contradictions in time.
Who will pay for the damage caused by the rainstorm?
In June, 2022, Zhao mailed ten mobile phones through a courier company. When the mobile phones were not delivered after they were delivered to the destination, the rainstorm caused the express storage point to be flooded, and the mobile phones sent by Zhao were damaged by water immersion. Due to unsuccessful negotiations on compensation, Zhao appealed to the court and asked the courier company to compensate for the loss of the mobile phone.
The courier company argued that the rainstorm caused the drainage system around the warehouse to be blocked, and the water was poured backwards. A large number of couriers were flooded, including the mobile phone mailed by Zhao. Therefore, Zhao’s loss was caused by an irresistible natural disaster. The company did not have any fault in the mail transportation process and should not be liable for compensation.
The court held through trial that the so-called force majeure refers to the unforeseeable, unavoidable and insurmountable objective situation. In this case, the courier company did not provide evidence to prove that the rain was an unexpected natural disaster such as rainstorm or flood, and the courier company could completely foresee and avoid the damage of the courier. Therefore, it claimed that the reason for the damage of Zhao’s mobile phone was force majeure and had no factual and legal basis. Accordingly, the court ruled that the courier company compensated Zhao for the loss of the mobile phone.
Article 832 of China’s Civil Code stipulates that the carrier shall be liable for the damage or loss of the goods during transportation. However, the carrier shall not be liable for compensation if it proves that the damage or loss of the goods is caused by force majeure, the natural nature or reasonable wear and tear of the goods themselves and the fault of the shipper or consignee.
In this case, before the rainstorm, the relevant government departments have issued an early warning to remind the public to take preventive measures. The rainstorm belongs to the weather conditions that the courier company can meet. For special weather, the courier company should prepare emergency equipment in advance to avoid the courier being soaked. Therefore, the courier company cannot claim exemption on the grounds of force majeure, and should be liable for Zhao’s losses.
How to protect the rights when the house furniture runs away?
In March 2017, Wang bought a set of commercial housing. After checking in, every time it rains or storms, Wang’s master bedroom balcony will run water. In July, 2022, after a night of heavy rain, the flood rushed directly into the master bedroom and living room, soaking the clavichord and cashmere carpet in the house. After this large-scale running water, the property company where the community is located began to thoroughly investigate the reasons for running water, and finally found that the rainwater drainage pipe built in the balcony was blocked, which led to running water. Since then, the property company has installed a drain on the balcony of the house. When it rains again, there is no water running. However, due to many previous runs, Wang has suffered property losses. The two sides failed to reach an agreement on compensation, so Wang sued the property company to the court.
The property company argued that the problem of poor balcony drainage pipes was a long-term accumulation, and Wang did not prove that the property company failed to fulfill its management responsibilities and caused water leakage. In addition, the property management company believes that the drainage pipeline here belongs to a common part. Although it is within its management scope, it has passed the inspection and acceptance, and after a large-scale water run, a drain has been installed on the balcony, so it has fulfilled its maintenance and management obligations and should not be held responsible.
As a service provider, the property management company should have the obligation to repair and maintain the public drainage pipeline belonging to the floor drain with water leakage and reflux in the community. After trial, the court held that the house where Wang lived had run water many times, and the property company should promptly investigate the reasons after the first discovery of water leakage to avoid similar situations. Adding a drain on the balcony of the house involved can solve the drainage problem in extreme weather, which can completely avoid the loss in this case. Therefore, the court ruled that the property company failed to fulfill its obligations and should compensate Wang for the loss.
Who is responsible for the bad car caused by flooding?
In August, 2020, a sudden rainstorm caused serious water accumulation on a certain road surface. Liu’s vehicle turned off during driving, and then he reported the case to the insurance company, and the vehicle was towed to the repair shop for damage assessment and maintenance. Since then, the insurance company refused to claim compensation on the grounds that "the engine damage of the insurance vehicle due to flooding or wading is an exemption clause", and Liu appealed to the court. The insurance company argued that the damage to the vehicle was not caused by heavy rain, but by the driver wading. According to the insurance clauses, the insurance company has the right to refuse to pay for the losses suffered by the insured vehicle due to flooding or wading.
According to Article 496 of China’s Civil Code, standard clauses are clauses drawn up by the parties in advance for repeated use, and they were not consulted with each other when concluding a contract. Where a contract is concluded by standard terms, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures to remind the other party of the terms that are of great interest to the other party, such as exempting or reducing its responsibilities, and explain the terms according to the other party’s requirements. If the party providing the standard terms fails to perform the obligation of prompting or explaining, so that the other party fails to pay attention to or understand the terms that have a significant interest in it, the other party may claim that the terms will not become the content of the contract.
The court held that although the notice column of the motor vehicle insurance policy was printed with "Please read the insurance clauses in detail, especially the exemption of liability and the obligations of the insured and the insured", the font, font size and color of the above-mentioned format clauses were not different from other clauses, and the insurance company failed to provide evidence to prove that it made a prompt on other insurance documents that was enough to attract the attention of the insured, so the exemption clauses involved in the case were not legally binding on Liu. During the insurance period, the insurance company shall be responsible for compensation for the loss of the insured vehicle caused by lightning, rainstorm, flood and other reasons during the use of the insured vehicle by the insured or its permitted legal driver.
"This heavy rainfall has caused many vehicles to be soaked or washed away. For car owners who are insured for car damage insurance, insurance claims can minimize losses." The judge suggested that when signing an insurance contract, we should pay attention to the relevant exemptions, especially the clauses that are unfavorable to ourselves. The majority of car owners should contact the insurance company to report the damage as soon as possible after the vehicle is soaked or washed away. (Liang Jianghuan)
Real estate weekly and first-tier cities are expected to lead the real estate market to stabilize and recover.
What if the car doesn’t catch fire in winter?
The low temperature in winter makes it difficult for cars to start. Here are some common reasons and solutions:
1. Battery failure: When the temperature is low in winter, the capacity of the battery will decrease, and it will be difficult to start when the voltage is low. The solution is to replace the battery.
2. Slow flow rate of engine oil: Low temperature will increase viscosity of engine oil and slow flow rate, which will further increase engine resistance and make it difficult to start. The solution is to use special engine oil for winter in winter.
3. The exhaust pipe is frozen or the valve has too much carbon deposit: water vapor will be generated when the engine is running. If the exhaust pipe is frozen or the valve has too much carbon deposit, it will block the exhaust pipe and make it difficult to start. The solution is to let the car run at high speed, drain the water from the exhaust pipe and clean the throttle regularly.
4. Engine failure: serious engine wear, decreased sealing performance and insufficient cylinder pressure will also lead to difficulties in starting. The solution is to screw out the spark plug, wipe off the oil between the electrodes, and then put it back on.
The above are the common reasons and solutions for the difficulty in starting a car in winter, and I hope it can help you.
It’s not the most exaggerated that the official of the women’s hall embezzled 364 million public funds for stock trading, causing hundreds of millions of losses to the country.
CCTV News:Recently, the First Branch of Tianjin Municipal People’s Procuratorate published the indictment of Ma Baiyu (female), the former deputy director of Tianjin Water Affairs Bureau, on the case information disclosure network of the People’s Procuratorate. The procuratorate found that Ma Baiyu exceeded his authority in his work and illegally used state-owned funds to speculate on the stocks of listed companies, causing economic losses of 315 million yuan to the country.
According to the indictment, from October 2000 to December 2001, Ma Baiyu invested 364 million yuan of state-owned funds in the securities market in the name of maintaining the stock price of the entrepreneurial environmental protection company, speculating on the stock of the entrepreneurial environmental protection company.
Ma Baiyu, former deputy director of Tianjin Water Affairs Bureau (data map)
Since then, in order to cover up the fact of using state-owned funds to speculate on stocks, Ma Baiyu signed a false asset management contract with a securities company in Beijing, and used the transfer of funds between accounts as a means to level the corporate accounts of the municipal investment company of 364 million yuan to related companies.
After the investment failed, Ma Baiyu recovered two stock account deposit refunds in the name of the municipal investment company and included the short-term investment loss of about 339 million yuan in the current profit and loss, all of which were written off. During the period of stock trading, Ma Baiyu also embezzled about 10.18 million yuan of stock trading funds.
In addition, Ma Baiyu was also accused of taking advantage of his position to illegally embezzle public funds with her husband Jia Sujin and her son Jia Fei by means of eating empty money, reimbursing air tickets, accommodation fees and telephone charges. Arrange the son and daughter-in-law to work in their municipal investment company and eat empty salary for a long time; Illegally accepting other people’s money, commercial houses, jade bracelets, jade rings, jade brooches, watches, gold bars and other items and decoration expenses, totaling 3.042 million yuan, 2.48 million Hong Kong dollars, 75,000 US dollars, 45,000 euros and 21,000 pounds.
In the end, Ma Baiyu was sentenced to 18 years in prison for alleged abuse of power, dereliction of duty, corruption, bribery and misappropriation of public funds.
The country’s moths have been found out, which is very gratifying.
The "Several Guidelines on Political Life within the Party under the New Situation" explicitly prohibits: it is forbidden to use power to seek personal gain for oneself and others, it is forbidden to approve money, materials and projects in violation of the financial system, it is forbidden to occupy and squander state and collective property under various pretexts or pretexts, and it is forbidden to raise the standard of cadres’ treatment in violation of regulations.
However, some cadres did not listen to dissuasion and took up leadership positions, but they could not adhere to honesty and integrity, and forgot their post responsibilities for their own personal gain. Like Ma Baiyu, they attempted to make profits through illegal means. Most of these cadres have high academic qualifications and high IQ, but they can’t resist the temporary sugar-coated shells after years of hard work, which eventually infringes on the interests of the country and the people.
Tao Liming, former president of China Postal Savings Bank (data map)
Tao Liming, the former president of China Postal Savings Bank, conspired with others to maliciously overpay hundreds of millions of treasury bonds for many times, misappropriating about 340 million yuan of treasury bonds for stock trading, investment and wealth management for personal profit.
This "star president" with a rare academic background among state-owned enterprise executives, from humble passbook printing and advertising business to building decoration and software cooperation, never misses any opportunity to "steal oil". He regarded the over-issued treasury bonds subscribed by investors as "private property" for profit, and his modus operandi was so professional that he was not discovered for many years after misappropriation.
In order to fill the hole in its investment losses, Tao Liming or his associates also misappropriated other state-owned assets and charged various "benefits". The scale of loan funds involved in some corrupt acts even reached tens of billions of yuan. From October 29th to November 3rd, 2014, the court heard Tao Liming’s case of suspected bribery and misappropriation of public funds in public, and he pleaded guilty in court. The court announced that the case would be pronounced at an alternative date. In June 2016, Tao Liming died of a heart attack at the detention center at the age of 62.
Fang Hua, former director of the Land and Resources Bureau of Liupanshui City, Guizhou Province, is even more exaggerated. For his wife Yan Yan’s stock trading, he joined several people to illegally absorb more than 100 million yuan of private capital on the grounds of doing engineering and starting a company with high interest rates. Finally, he was sentenced to 14 years in prison for the crime of illegally absorbing public deposits and accepting bribes.
Looking at these fallen officials in the field of stock finance, they think they have found an unknown trick of "making money", but they don’t know that officialdom is not a business field, power is not a bargaining chip, and principles cannot be traded.
Such cadres must not be tolerated.
The report of the 19th National Congress of the Communist Party of China calls for strict implementation of certain norms of inner-party political life under the new situation, enhancing the political nature, times, principles and combativeness of inner-party political life, consciously resisting the erosion of the principle of commodity exchange on inner-party life, and creating a good political ecology with a clean atmosphere.
Chen Shulong, the former vice governor of Anhui Province, repented in the anti-corruption feature film "Patrol Sword": "If you are an official, don’t get rich. If you get rich, don’t be an official. If you are in politics, you should be in politics well, and if you are in business, you should be in business well. Otherwise, it must be like me, and I regret it. "
Building a clean and honest party style and fighting against corruption are always on the road. Don’t be like Chen Shulong, who didn’t understand the truth that "you can’t have your cake and eat it" until you were ruined. (Text/Ren Jia)
How cold is it this winter? The authoritative statement is coming!
"How cold is it this winter?"
For this problem that everyone is very concerned about
On the afternoon of November 4
China Meteorological Bureau responded.
On the afternoon of November 4th, China Meteorological Bureau held a press conference, and Jia Xiaolong, deputy director of the National Climate Center, introduced that according to the opinions of the consultation, the cold air in China is relatively frequent this winter, and the force is relatively strong, and there may be a large-scale low-temperature rain and snow weather process in the north.
Midwinter season
Low temperature rain and snow weather in the north or in a large range now
Jia Xiaolong said that the cold air affecting China this winter is still relatively frequent, and the forces are generally strong. The cold air path is mainly northwest.
Under this situation, the temperature in most parts of China is normal to low this winter, and the precipitation is generally more in the north and less in the south. The temperature changes obviously in stages. In the early winter, the temperature in most areas is normal to high, and the influence of cold air on China will become stronger in the midwinter season (around January next year). The temperature in most parts of central and eastern China may be lower than normal, and there may be a large-scale low-temperature rain and snow weather process in the north, and a large-scale and sustained low-temperature rain, snow and freezing disaster in the south is less likely.
This winter, cold air activities are frequent and the temperature fluctuates greatly, so it is necessary to guard against the adverse effects on the epidemic prevention and control work in COVID-19.
This winter will form a
Weak to moderate intensity La Nina events
At present, the SST in the equatorial Middle East Pacific has entered the La Ni? a state, and it is expected that a weak to moderate intensity La Ni? a event will form in winter, and its later evolution trend and climate impact are still uncertain.
At the same time, in view of the complexity of the factors affecting China’s climate, and the recent increase in climate volatility, the National Climate Center will closely monitor weather and climate changes, strengthen analysis and research, and provide timely rolling revised climate forecasts.
What is La Nina?
La Nina event refers to the cold water phenomenon in which the sea surface temperature in the equatorial central and eastern Pacific Ocean is abnormally cold in a large range, and its intensity and duration reach certain conditions.
When the sea temperature is unusually warm, the El Nino phenomenon will be formed. When the sea surface temperature changes, it will have a great impact on the atmospheric circulation and the climate will also change.
"Will Nanchang cool down in the near future?"
The weather in Nanchang is crisp in autumn these days.
The daytime temperature swept away the previous downturn.
Under the heating effect of sunlight
The temperature has soared.
The highest temperature the day after tomorrow will reach 25℃
It’s all sunny, sunny, sunny.
Sunny sunny sunny sunny sunny sunny sunny sunny sunny sunny sunny sunny sunny sunny sunny sunny sunny sunny sunny.
Sunny sunny sunny sunny sunny sunny sunny sunny sunny sunny!
The sun is solid and the temperature is not low.
Let alone how comfortable the afternoon sunshine is.
It is expected that tomorrow and the day after tomorrow
The province’s "Xiaoqing Song" continues to sing.
Suitable for outdoor activities
It is also suitable for washing and drying.
however
There’s always one in the weather forecast
Nanchang weather is harder to guess than a woman’s mind.
Will not miss a chance to torture you.
Warning!
The temperature in Nanchang is going to "change face" again.
Are you ready?
Xiaobian is going to start reporting the weather
Cold air quietly came to the south. The lowest temperature in Chang is 11℃
On the 8 th, the north was affected by weak cold air on the ground.
The southern part is affected by the peripheral cloud system of tropical cyclones.
Cloudy and cloudy days in the whole province
There is sporadic light rain in parts of southern Jiangxi.
The process is cooled by 3 ~ 5℃
The northerly wind is increasing
The gusts in rivers and lakes and plain valleys are 6.
The highest temperature in Nanchang on the 7 th is 25 C.
The lowest temperature on the 8th was only 15℃.
By the 11th, the lowest temperature will drop to 11℃.
It is important to pay special attention to
The temperature difference between day and night is relatively large!
See?
The temperature difference is basically around 10℃!
Everyone should pay attention to timely increase or decrease clothing.
Especially the elderly, children and people with weak constitution.
Learn about the onion dressing method ~
Let’s take a look
The province’s specific weather forecast!
Specific forecast
It will be cloudy and sunny in the whole province tomorrow and the day after tomorrow.
On the 8 th, it was cloudy and cloudy in the province, and there was sporadic light rain in southern Jiangxi; During the process, the temperature dropped by 3 ~ 5℃, the northerly wind increased, and the gusts in rivers and lakes and plain valleys were 6.
From September 9 to 15, the province was dominated by sunny and cloudy weather.
Seven-day forecast of other major cities and scenic spots in Jiangxi Province
Swipe up to view
The weather is getting cold
So every day you
They have become "difficult households" who get up.
▽
You sleep at night
When you cover the quilt, it becomes like this.
▽
Of course, this is nothing.
What is even more cruel is that
↓↓↓
The money is gone
The annual double 11 has begun to pay the final payment.
By the way, what have you hoarded?
Is the following scene a true portrayal of you
I’ll join the shopping cart and not buy it.
I really can’t hold back behind.
Finally, Xiaobian reminds everyone again.
Get up early and move bricks, remember to add clothes in time.
Keep warm
Migrant workers who paid the final payment
Come on, Ollie. Here!
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Source: Nanchang News
Ministry of Housing and Urban-Rural Development: Meet the reasonable financing needs of real estate enterprises with different ownership equally.
According to China real estate newspaper WeChat official account, on the morning of January 26th, the Ministry of Housing and Urban-Rural Development held a meeting to deploy the coordination mechanism of urban real estate financing. Ni Hong, Party Secretary and Minister of the Ministry of Housing and Urban-Rural Development of the People’s Rerublic of China attended the meeting and stressed that the spirit of the Central Economic Work Conference should be thoroughly implemented, the coordination mechanism of urban real estate financing should be accelerated to be effective, the development and construction of real estate projects should be supported, the reasonable financing needs of real estate enterprises with different ownership systems should be met equally, and the stable and healthy development of the real estate market should be promoted.
The meeting also requested that we should adapt to the new situation in which the relationship between supply and demand in the real estate market has undergone major changes, speed up the construction of a new model of real estate development, combine the long and short, treat both the symptoms and the root causes, and promote the stable and healthy development of the real estate market. It is necessary to adhere to the policy of the city, precise policy, one city and one policy, make good use of the policy toolbox, and fully give urban real estate regulation and control autonomy. Cities can adjust their real estate policies according to local conditions.
Editor in charge: Chen Haiqin
What is the direction of the real estate market in the next five years? Authoritative Interpretation of Economic Daily →
Power rent-seeking is getting worse, and the real estate industry has become the hardest hit by collusion between officials and businessmen.
Editor’s Note: Today’s real estate industry in China is the hardest hit by collusion between officials and businessmen. Jiang Renjie, the former vice mayor of Suzhou, took bribes of more than 100 million yuan, mainly from real estate developers. Recently, it is far more than this one who has been pulled down by developers: Zhu Zhigang, the former vice minister of finance, was "double-regulated" and helped his relatives buy low-priced houses, involving many people in the real estate industry in Beijing; Liu Zhihua, the former vice mayor of Beijing, was sentenced to death with a suspended sentence for taking bribes of nearly 7 million yuan. He accepted a lot of bribes from real estate developers … The arms of corrupt officials "warmed" real estate developers, and the wealthy real estate developers "fed back" individual officials again and again. The essence behind this "mutual benefit" is only two words: power and benefit.
There are deep roots behind the fact that officials are willing to do anything for developers at the risk of guillotine.
Why are individual officials keen to be "friends" with developers? Why is the problem of illegal land getting worse and worse? In fact, as long as there is soil or space for power rent-seeking, corruption will grow like weeds cut one after another, which has been clearly verified in the real estate market. Originally, there was a "symbiosis" phenomenon between developers and urban construction officials. Developers were both "performance promoters" of individual urban construction officials and "troublemakers" who induced corruption. When the two sides share the same rotten tastes, they often form an "interest alliance", and land development has thus become a high-risk area for corruption. There are deep roots behind the fact that individual officials are willing to do anything for developers at the risk of going to the guillotine.
The government plays a dual role; The hierarchical administrative structure makes the power lack of restraint.
To a certain extent, the government plays a dual role. On the one hand, the government, as the representative of public interests, formulates policies, regulates economic activities and acts as a referee. The government has the power to examine and approve infrastructure, industry, real estate and other projects. The construction of these projects requires land. Some unscrupulous developers want to obtain low-priced land and rent from individual government officials who can’t resist the temptation.
On the other hand, the government has a huge amount of resources and directly participates in economic activities as a subject and acts as an athlete. All local governments shoulder the heavy responsibility of developing local economy. In the performance evaluation of local government officials, GDP is the most critical indicator, which intensifies their impulse to manage land. Because they can only use land to attract investment, set up industrial parks and carry out infrastructure construction. In these activities, the pricing power of land resources is in the hands of relevant officials. Even the public bidding and auction of land can not completely overcome the transfer of interests. The direct investment attraction of individual local party and government departments is more likely to aggravate the difficulty of curbing land violations and corruption.
In addition, the hierarchical administrative structure makes the top leaders of local governments and the direct leaders in charge of land have too much power and lack of supervision and checks and balances. China’s land authorities are land departments at all levels, but the land department is a subordinate department of the government. The director of land and resources should be led by the deputy mayor in charge, and the deputy mayor in charge should be led by the mayor and the secretary. If the deputy mayor, mayor and secretary in charge directly grant land or intervene in land transactions, it will be difficult for the land department to effectively restrain them, and the discipline inspection and supervision departments will also encounter difficulties and resistance when investigating. High-ranking officials who are dismissed because of land corruption are basically deputy mayors and district heads in charge of land, urban construction or major construction projects. Unrestricted power naturally leads to corruption.
The relevant laws do not strictly define the public interest.
On the one hand, the constitution stipulates that urban land belongs to the state and rural land belongs to farmers’ collectives, which means that all the new land needs of urbanization and industrialization, whether the needs of public interests or non-public interests, must be met through the state’s land acquisition behavior (that is, transforming rural collectively owned land into state-owned land); On the other hand, the constitution also emphasizes that the state can only expropriate or requisition agricultural land for the needs of public interests.
It is precisely because the relevant laws do not strictly define the public interest, and the government must expropriate farmers’ land for non-public welfare needs such as economic development and urban construction. Although many land expropriation acts of individual local governments are illegal, the judicial department usually refuses to accept most legal proceedings caused by illegal land expropriation by the government, which to some extent opens the door for land corruption of individual local government officials.
Except for a few stocks of state-owned land, all new urban construction land must be acquired through land acquisition, and the main body of land acquisition is only the government. The circulation of village collective land is strictly restricted to agricultural use, so the government has mastered the supply of construction land. In the case of rising demand, developers understand that only by "fixing" government officials can they obtain land at a lower cost. This is why some government officials "wave upon wave" fall on land violations. Monopoly of land supply has created institutional space for individual corrupt officials to use land for illegal interests.
Under the tax-sharing system, local governments are constantly looking for income from outside the budget, and land lease income is not included in the financial budget management.
After the implementation of the tax-sharing system in 1994, the central government quickly took the leading position, and its concentration capacity became stronger and stronger, and its concentration ratio became higher and higher, accounting for about 55% of the total tax revenue. The central government is rich in money and the local government is poor in money, but the pattern of division of powers between the central and local governments has not changed much. Local governments use about 45% of their relative fiscal revenue to support about 75% of their relative expenditure responsibilities. This induces local governments to constantly look for sources of income from outside the budget. When local governments found that land was an important way to make money, they began to sell land to raise financial revenue for themselves.
The tax classification of the tax-sharing system also gives local governments an incentive to develop the real estate industry and constantly push up housing prices. According to the tax-sharing arrangement, urban land use tax, property tax, stamp duty, land value-added tax, paid use income of state-owned land and other taxes are collected by local governments. Therefore, the more active the real estate market is, the more this part of tax revenue will be. This has stimulated the impulse of local governments to develop the real estate industry and collected a large number of agricultural land to develop the real estate industry. While the real estate industry is developed, the pockets of government officials who control the land are more "developed".
Li Jinhua, former auditor general of the National Audit Office, reported that in 2005, 60 of the 87 development zones in China illegally sold land at low prices. In order to "attract investment", in the State Council, it is forbidden to sell land at a low price, so some places take the means of signing a land transfer contract in accordance with state regulations, and then returning the land transfer fee or giving financial subsidies to sell land at a low price in disguise. This not only enables individual officials and enterprises to transfer benefits to each other, but also leads some enterprises to maliciously occupy and resell land. Take land income as extra-budgetary income and evade the supervision of the National People’s Congress.
Countermeasures: Give the power of land resources allocation to the market, laws and systems.
In order to solve the "collusion" between officials and developers and fundamentally reverse this situation, we must take a multi-pronged approach, start with the system, legal system and mechanism, introduce and improve external supervision, and hand over the power of land resource allocation to the market, law and system. Some suggestions are put forward.
It is necessary to cut off the hand of government officials reaching out to the land. First of all, it is necessary to reduce the government’s intervention in microeconomic activities, especially to fundamentally change the behavior of individual local governments in using land to accumulate wealth, accumulate wealth and generate wealth, ban land finance, and all state-owned land transfer fees will be included in the fiscal budget. Establish an official’s property and income declaration system, and the part and consumption that exceed the statutory income will be determined as illegal income unless the source can be explained.
Reform the land expropriation system and strictly demarcate the boundaries of public interests. Strictly stipulate the land acquisition procedures, even if it is a public land acquisition, we should raise the compensation standard for land acquisition in public interest, give reasonable and fair compensation to the land-expropriated farmers, and enable farmers to share the fruits of industrialization and urbanization.
Strengthen the supervision and restraint of the main leaders of the land management department and the government. Simple moral preaching is not enough. It is necessary to introduce various social forces (especially the masses and news media) into the mechanism to supervise the power of officials and strengthen the transparency of land transactions. Standardize the procedures of land auction, auction and transfer, clarify the trading rules and improve the market operation.
Change the pattern of interest distribution between the central and local governments. Make the respective powers and financial rights of the central government and local governments correspond, and reverse the internal motivation of local governments to make money by borrowing land. Reform the current tax-sharing system, re-divide the distribution ratio of the current shared tax, and appropriately increase the sharing ratio of local governments (such as value-added tax). (The author is Cai Jiming, director and professor of Tsinghua University Political Economy Research Center)
* ST Oceanwide will delist its shares within 15 trading days after receiving the decision to terminate listing.
*ST Oceanwide (SZ000046, share price 0.38 yuan, market value 1.975 billion yuan) is about to terminate its listing.
On the evening of January 26th, *ST Oceanwide announced that it had received the Decision of Shenzhen Stock Exchange (hereinafter referred to as Shenzhen Stock Exchange) on the Termination of Listing of Oceanwide Holdings Co., Ltd. (SZSE [2024] No.76), and Shenzhen Stock Exchange decided to terminate the listing of the company’s shares.
According to the Shenzhen Stock Exchange, the daily closing price of *ST Oceanwide shares was lower than that of 1 yuan for 20 consecutive trading days from November 30, 2023 to December 27, 2023, which touched the termination of listing as stipulated in Item (4) of Paragraph 1 of Article 9.2.1 of the Stock Listing Rules (revised in August 2023) of the Shenzhen Stock Exchange. "According to Article 9.2.5 of the Stock Listing Rules (revised in August 2023) of Shenzhen Stock Exchange and the deliberation opinions of the Listing Review Committee of Shenzhen Stock Exchange, this Exchange has decided to terminate the listing of your company’s shares."
At the same time, according to the provisions of Article 9.1.15 and Article 9.6.10, paragraph 2 of the Stock Listing Rules (revised in August 2023) of Shenzhen Stock Exchange, *ST Oceanwide was decided by Shenzhen Stock Exchange to terminate its listing due to the forced delisting of transactions, and will not enter the delisting consolidation period. *ST Oceanwide will be delisted within 15 trading days after Shenzhen Stock Exchange makes the decision to terminate its listing.
*ST Oceanwide said that after the company’s shares are terminated, according to the Stock Listing Rules (revised in August 2023) of Shenzhen Stock Exchange and the Implementation Measures for delisting companies to enter the delisting sector, the company’s shares will be transferred to the delisting sector managed by the National Stock Transfer Company for listing and transfer. The company has hired Shanxi Securities Co., Ltd. to provide share transfer services for the company after the company’s shares are terminated.
On January 23, *ST Oceanwide announced that it hired Shanxi Securities Co., Ltd. as the company’s lead broker, and agreed to sign the Entrusted Stock Transfer Agreement with it, entrusting it to provide share transfer services for the company, and handle the stock withdrawal registration in the market registration and settlement system of the stock exchange, the stock reconfirmation and the share registration and settlement of the national small and medium-sized enterprise share transfer system.
According to the relevant provisions of the Listing Rules of Shenzhen Stock Exchange, a company that is forced to delist its shares shall sign relevant agreements with the sponsoring brokers that meet the prescribed conditions before delisting.
At the same time, the debt problem of *ST Oceanwide is still fermenting.
According to the announcement of *ST Oceanwide on January 23, the company was informed on January 22 that Tianjin Pilot Free Trade Zone Branch of China Bohai Bank Co., Ltd. (hereinafter referred to as Bohai Bank) was on the grounds of financial loan contract disputes. China Pan Group Co., Ltd. (hereinafter referred to as China Pan Group), *ST Oceanwide, the controlling shareholder of the company, China Oceanwide Holding Group Co., Ltd., Tonghai Holding Co., Ltd. (the controlling shareholder of China Oceanwide Holding Group Co., Ltd.), Beijing Taobo Management Consulting Co., Ltd. and Oceanwide Industrial Co., Ltd. were sued to Tianjin No.3 Intermediate People’s Court. At the same time, Bohai Bank filed an application for property preservation with the court, and Tianjin No.3 Intermediate People’s Court ruled to freeze the above applications.
The cause of the case is that in November 2018, Zhongpan Group, a wholly-owned subsidiary of *ST Oceanwide, applied to Bohai Bank for financing of no more than 2 billion yuan. China Pan Group shall repay the remaining outstanding principal and interest of the above financing on November 14, 2023. As of January 23, the disclosure date of the announcement, China Pan Group has not completed the repayment of the remaining principal and interest of the above debts.
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