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＂Nezha＂ was released overseas, and netizens struggled for translation.

　　The movie "Nezha", which has made great strides at the box office, has been released in North America and Australia recently, which has triggered new topics. Netizens are quite worried about how to translate these funny traditional cultural stalks, such as "hurry as a law" and "my life is up to me", in order to convey the original flavor of traditional culture and let foreigners understand it. And launched the "Nezha Speeches Translation Contest" on the Internet. When interviewed by Yangzi Evening News, many translation experts affirmed the talents of netizens. However, the translation of "as urgent as a law" into "fast fast biu biu" is accused of being unreliable — — "It’s interesting to do this, but foreign audiences can’t understand it.

　　"Urgent as a law"?

　　This question has been searched in Weibo.

　　Netizens set off the "Nezha Speaks Translation Contest", which became a hot topic on the Internet. The most discussed is the phrase "as urgent as a law" by the greasy uncle Taiyi in the film. It is said that "the sun and the moon are born together, a thousand spirits are heavy, and the heavens and the earth are boundless, and it is as urgent as a law." This is a spell in Taoist culture in China. How to translate it so that foreigners can understand the meaning? Netizens lamented that there is no hot search in this world. The problem that one person couldn’t figure out originally became a hot search when there were more people who couldn’t think of it.

　　Among them, "fast fast biu biu" is regarded as a serious nonsense: "fast fast" follows the word "hurry" in the original text and translates the "letter" in the three principles of "faithfulness, expressiveness and elegance"; The "biu biu" in the back is even more brilliant, which is the powerful point of using onomatopoeia to express spells and achieve the "da" in "faithfulness, expressiveness and elegance".

　　The answer given by netizens with wide brains is chicken chicken like green zero, which literally translates as "chicken is like green zero". Some people also popularize science, which means that the speed of transmitting orders is as fast as that of laws, and it is best translated as speed is like lvling. Although the meaning of "fast" has been conveyed, it seems that there is a little lack of spell feeling.

　　Stunned by Nezha’s classic lines

　　Netizens laugh at themselves for "exhausting their English skills all their lives"

　　Another example is "My life depends on me", which is translated by some netizens as I am the master of my fate. Some people think that it is not domineering enough. Such a bloody scene, we must stress the sentence and walk! That is me to be the master of me！ Again, such as "although a little baby fat, but also can not hide my compelling handsome", "dragon survival, just between your thoughts" have also triggered discussions.

　　The funny thing is, "Then you go to … … Don’t come back when you go. "How do you translate Shen Gongbao’s tongue-tied lines that cause all kinds of misunderstandings? “If you go… … Gone, never come back "is well received because it also distinguishes the verb tense before and after stuttering."

　　As for Nezha, the first little poet in Chentangguan, doggerel comes with his mouth open, and his sad and lazy voice and expression are too powder-sucking. "I am a little monster, free and easy, killing people without blinking, eating people without salt." "Life is full of tears, and the more you struggle, the more unlucky you are. If you are tired of dying, it is better to sleep in bed. " This rhyming and humorous limerick in Chinese is translated into English, which also inspires netizens to use their life-long English skills.

　　The translation teacher suggested

　　JI-ji-ru-lv-ling can be transliterated directly.

　　In this regard, the translation teacher Zhang Wenqin told the Yangzi Evening News reporter that "fast fast biu biu" is a bit like Chinglish, showing the sense of humor of domestic netizens, but foreigners certainly can’t understand it. In fact, you can also directly use Pinyin to translate spells and promote China culture. Even if foreign audiences can’t understand it so quickly when watching movies, they can understand it by consulting materials.

　　In addition, the method that people in the industry agree with is "transliteration without translation, and foreigners will recite spells in the future." Like Pumbaa and Timon in the movie "The Lion King", the phrase "Hakula matata" that they often say is quite pleasing to the ears of China audiences, isn’t it? Such transliteration is acceptable to young people.

　　David from Russia is a graduate student of Tsinghua University Institute of Humanities, and the champion of the "Chinese Bridge" global Chinese conference for foreigners. He came up with a variety of translation methods, such as literal translation: let my order be carried out immediately. Or directly translated into JI-ji-ru-lv-ling in Pinyin. You can also find similar words in English allusions, such as abrakadabra, which was originally an Arabic spell from Arabian Nights. Later, many languages transliterated the word directly. All spells are rhythmic, rhythmic and often written. For example, the word "Nezha" can also be translated in Pinyin or into Latin.

　　Translation should also stick to the style of cooperation.

　　The movie lines "faithfulness" and "expressiveness" are the most important.

　　Fu Yu, who graduated from the English Department of NTU with a master’s degree and is currently engaged in editing work in a publishing house, thinks that netizens are very talented, which is really a variety of whimsy. "The movie lines are mainly to express clear meaning, mainly to be faithful and expressive, like ‘ Urgent as a law ’ In this way, I think translation is still needed to convey ‘ Quick ’ I think it’s quite good. "

　　Fu Yu said that biu biu can also be used in movie subtitles. It is cute and funny, and the memory is deep, which is also in line with this movie. In fact, translation should also stick to the cooperative style. Generally, if the translation in the book is more elegant, rhymes and literary allusions can be used, and it is good to explain it in the form of notes. Of course, biu biu is quite out of the context of foreigners, and it must be confusing to look at it alone, but it should be understandable if it is combined with movies and sounds.

　　Fu Yu said that Ang Lee’s translation of the title of eat drink man woman and the English name crouching tiger and hidden dragon are relatively direct. At first glance, they don’t seem to convey the meaning of Chinese, but with the rich content of the film, this unfamiliar phrase in the English context is endowed with a unique color of China culture.

　　According to various translation theories in his study, David gave advice, "whether it’s literary works or film and television works, the overall translation style should be taken into account when translating specific words, so there is no 100% answer, so how to translate that sentence?" In his view, engaging in the translation of literary and artistic works is different from doing ordinary translation. Besides understanding the national conditions and languages of other countries, we also need to learn the theory of literary translation. (Yangzi Evening News/Yangyan reporter Zhang Nan)

Notice of the State Council Municipality on Printing and Distributing Several Policies for Promoting the High-quality Development of Integrated Circuit Industry and Software Industry in the New Period

The State Council on printing and distributing the new period to promote the integrated circuit industry and

Notice of some policies on high-quality development of software industry

Guo Fa [2020] No.8

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:

The "Several Policies for Promoting the High-quality Development of Integrated Circuit Industry and Software Industry in the New Period" are hereby printed and distributed to you, please earnestly implement them.

the State Council

July 27, 2020

(This piece is publicly released)

Promoting integrated circuit industry and software industry in the new period

Some policies for high-quality development

Integrated circuit industry and software industry are the core of information industry, and they are the key forces to lead a new round of scientific and technological revolution and industrial transformation. Since the issuance of the Notice of the State Council on Printing and Distributing Policies to Encourage the Development of Software Industry and Integrated Circuit Industry (Guo Fa [2000] No.18) and the Notice of the State Council on Printing and Distributing Policies to Further Encourage the Development of Software Industry and Integrated Circuit Industry (Guo Fa [2011] No.4), China’s integrated circuit industry and software industry have developed rapidly, which has strongly supported the national information construction and promoted the sustained and healthy development of the national economy and society. In order to further optimize the development environment of integrated circuit industry and software industry, deepen industrial international cooperation, and enhance industrial innovation ability and development quality, the following policies are formulated.

First, fiscal and taxation policies

(1) Enterprises or projects that are encouraged by the state to produce integrated circuits with a line width of less than 28 nanometers (inclusive) and have been in operation for more than 15 years shall be exempted from enterprise income tax from the first year to the tenth year. Enterprises or projects that are encouraged by the state to produce integrated circuits with a line width of less than 65 nanometers (inclusive) and an operating period of more than 15 years are exempted from enterprise income tax from the first year to the fifth year, and the enterprise income tax is levied at a statutory rate of 25% in the sixth to tenth years. Enterprises or projects that are encouraged by the state to produce integrated circuits with a line width of less than 130 nanometers (inclusive) and have been in operation for more than 10 years shall be exempted from enterprise income tax from the first year to the second year, and enterprise income tax shall be levied at the statutory tax rate of 25% in the third to the fifth year. Losses incurred by integrated circuit manufacturing enterprises whose line width is less than 130 nanometers (inclusive) encouraged by the state in the tax year are allowed to be carried forward to the following years, and the longest summary transfer period shall not exceed 10 years.

For those who enjoy preferential tax policies according to integrated circuit manufacturing enterprises, the preferential period shall be calculated from the profit-making year; For those who enjoy preferential tax policies in accordance with integrated circuit production projects, the preferential period is calculated from the tax year in which the project obtains the first production and operation income. The list of integrated circuit manufacturers or projects encouraged by the state shall be formulated by the National Development and Reform Commission and the Ministry of Industry and Information Technology in conjunction with relevant departments.

(2) Enterprises engaged in integrated circuit design, equipment, materials, packaging and testing and software encouraged by the state shall be exempted from enterprise income tax from the first year to the second year, and the enterprise income tax shall be reduced by half at the statutory tax rate of 25% from the third year to the fifth year. The conditions for enterprises engaged in IC design, equipment, materials, packaging and testing encouraged by the state shall be formulated by the Ministry of Industry and Information Technology in conjunction with relevant departments.

(3) Key integrated circuit design enterprises and software enterprises encouraged by the state shall be exempted from enterprise income tax from the first year to the fifth year, and enterprise income tax shall be levied at a reduced rate of 10% in subsequent years. The list of key integrated circuit design enterprises and software enterprises encouraged by the state shall be formulated by the National Development and Reform Commission and the Ministry of Industry and Information Technology jointly with relevant departments.

(four) the conditions and scope of preferential income tax policies implemented by the state for integrated circuit enterprises or projects and software enterprises shall be dynamically adjusted according to the progress of industrial technology. The enterprise income tax of integrated circuit design enterprises and software enterprises in the previous year before the implementation of this policy shall be implemented in accordance with the preferential policy of "two exemptions and three reductions" specified in document No.4 [2011] of the State Council.

(five) continue to implement the preferential policies of value-added tax for integrated circuit enterprises and software enterprises.

(6) In a certain period of time, the production enterprises of logic circuits and memories with integrated circuit linewidth less than 65 nm (inclusive), and the production enterprises of characteristic process integrated circuits with integrated circuit linewidth less than 0.25 micron (inclusive) (including the production enterprises of masks and 8-inch and above silicon wafers) shall be exempted from import duties; Production raw materials and consumables imported by compound integrated circuit manufacturers and advanced packaging and testing enterprises with integrated circuit line width less than 0.5 micron (inclusive) are exempt from import duties. Specific policies shall be formulated by the Ministry of Finance in conjunction with the General Administration of Customs and other relevant departments. The list of enterprises and the list of duty-free commodities shall be formulated by the National Development and Reform Commission and the Ministry of Industry and Information Technology jointly with relevant departments.

(7) Within a certain period of time, the key integrated circuit design enterprises and software enterprises encouraged by the state, as well as the integrated circuit production enterprises and advanced packaging and testing enterprises mentioned in Article (6) shall be exempted from import duties, as well as the technology (including software) and accessories and spare parts imported with the equipment according to the contract, except for the goods listed in the relevant import catalogue that are not duty-free. Specific policies shall be formulated by the Ministry of Finance in conjunction with the General Administration of Customs and other relevant departments.

(eight) in a certain period of time, the import of new equipment for major integrated circuit projects is allowed to pay the import value-added tax in installments. Specific policies shall be formulated by the Ministry of Finance in conjunction with the General Administration of Customs and other relevant departments.

II. Investment and financing policies

(nine) to strengthen the service and guidance of major integrated circuit projects, orderly guide and standardize the development order of integrated circuit industry, do a good job in planning and layout, strengthen risk warning, and avoid low-level redundant construction.

(10) Encourage and support integrated circuit enterprises and software enterprises to strengthen resource integration. Relevant departments and local governments in the State Council should actively support and guide the reorganization and merger of enterprises in accordance with the principle of marketization, and shall not set various forms of restrictions other than laws, regulations and policies.

(eleven) make full use of the existing national and local government investment funds to support the development of integrated circuit industry and software industry, encourage social capital to raise funds through multiple channels according to the principle of marketization, and set up investment funds to improve the marketization level of funds.

(12) Encourage local governments to establish a loan risk compensation mechanism, and support integrated circuit enterprises and software enterprises to obtain commercial loans through intellectual property pledge financing, equity pledge financing, accounts receivable pledge financing, supply chain finance, science and technology and intellectual property insurance. Give full play to the role of financing guarantee institutions and actively provide various forms of financing guarantee services for small and micro enterprises in the fields of integrated circuits and software.

(13) Encourage commercial financial institutions to further improve financial services, increase medium and long-term loan support for the integrated circuit industry and the software industry, actively innovate credit products suitable for the development of the integrated circuit industry and the software industry, and increase financial support for major projects on the premise of controllable risks and sustainable business; Guide insurance funds to carry out equity investment; Support bank wealth management companies, insurance, trusts and other non-bank financial institutions to initiate the establishment of specialized asset management products.

(14) Vigorously support qualified integrated circuit enterprises and software enterprises to go public and raise funds at home and abroad, and speed up the domestic listing review process. R&D expenditures that meet the relevant conditions of the Accounting Standards for Business Enterprises can be capitalized. Encourage and support qualified enterprises to list and raise funds in science and technology innovation board and Growth Enterprise Market, and smooth the exit channels of original shareholders of related enterprises. Provide equity financing, equity transfer and other services for integrated circuit enterprises and software enterprises at different stages of development through different levels of capital markets, expand direct financing channels and increase the proportion of direct financing.

(15) Encourage qualified integrated circuit enterprises and software enterprises to issue corporate bonds, corporate bonds, short-term financing bonds and medium-term notes, broaden financing channels for enterprises, and support enterprises to raise funds from the bond market through medium-and long-term bonds.

Third, research and development policies

(16) Focus on the research and development of key core technologies of high-end chips, integrated circuit equipment and technology, key materials of integrated circuits, integrated circuit design tools, basic software, industrial software and application software, and constantly explore and build a new national system for tackling key core technologies under the conditions of socialist market economy. The Ministry of Science and Technology, the National Development and Reform Commission, the Ministry of Industry and Information Technology and other departments do a good job in organizing and implementing the relevant work, and actively use the national key R&D plans and major national science and technology projects to give support.

(seventeen) in the fields of advanced storage, advanced computing, advanced manufacturing, high-end packaging and testing, key equipment materials, new generation semiconductor technology, etc., combined with the characteristics of the industry to promote the construction of various innovative platforms. The Ministry of Science and Technology, the National Development and Reform Commission, the Ministry of Industry and Information Technology and other departments give priority to supporting relevant innovation platforms to implement R&D projects.

(eighteen) to encourage software enterprises to implement national standards such as software quality, information security, development and management. Strengthen the organization construction of integrated circuit standardization, improve the standard system, strengthen standard verification, and enhance research and development capabilities. Improve the quality of integrated circuits and software and enhance the competitiveness of the industry.

Iv. import and export policies

(19) In a certain period of time, key integrated circuit design enterprises and software enterprises encouraged by the state need to temporarily import self-use equipment (including development and test equipment), software and hardware environment, prototypes, parts and components, and those that meet the requirements can go through the customs formalities for temporarily entering the country, and their import tax shall be implemented in accordance with existing laws and regulations.

(20) Financial institutions may provide financing and insurance support for software export contracts signed between software enterprises and foreign enterprises with higher credit ratings in accordance with the principles of independent loan review and risk control.

(twenty-one) to promote the export of integrated circuits, software and information technology services, vigorously develop international service outsourcing business, and support enterprises to establish overseas marketing networks. The Ministry of Commerce, together with relevant departments, will establish a long-term cooperation mechanism with key countries and regions and take comprehensive measures to create conditions for enterprises to expand into emerging markets.

V. Talent policy

(twenty-two) to further strengthen the construction of integrated circuit and software specialty in colleges and universities, accelerate the setting of integrated circuit first-level disciplines, adjust the curriculum, teaching plan and teaching methods in a timely manner in close connection with the needs of industrial development, and strive to cultivate compound and practical high-level talents. Strengthen the construction of integrated circuit and software professional teachers, teaching laboratories and practice training bases. The Ministry of Education will strengthen supervision and guidance with relevant departments.

(twenty-three) to encourage qualified universities to cooperate with integrated circuit enterprises to accelerate the construction of demonstration microelectronics colleges. Give priority to building and cultivating integrated enterprises in the field of integrated circuits. If the investment in vocational education of the pilot enterprises that are included in the scope of the construction and cultivation of production-education integration enterprises meets the requirements, the education surcharge and local education surcharge that should be paid by the enterprise in the current year can be credited according to the proportion of 30% of the investment. Encourage social-related industrial investment funds to increase investment, and support joint ventures in colleges and universities to carry out the construction of special resource libraries for IC talent training. Support demonstration microelectronics colleges and characteristic demonstration software colleges to cooperate with internationally renowned universities and multinational companies, introduce foreign teachers and high-quality resources, and jointly cultivate talents in integrated circuits and software.

(twenty-four) encourage local governments to commend and reward high-end talents who have made outstanding contributions in the field of integrated circuits and software, as well as high-level engineers and R&D designers, and improve the equity incentive mechanism. Through relevant talent programs, we will increase efforts to introduce top experts, outstanding talents and teams. Priority should be given to exploring relevant policies for introducing talents in integrated circuits and software in industrial clusters or related industrial clusters. Formulate and implement the annual plan for the introduction and training of integrated circuit and software talents, promote the construction of the national international training base for integrated circuit and software talents, and focus on strengthening the medium and long-term training of professionals in urgent need.

(twenty-five) to strengthen industry self-discipline, guide the rational and orderly flow of integrated circuits and software talents, and avoid vicious competition.

VI. Intellectual Property Policy

(twenty-six) encourage enterprises to register the exclusive rights of integrated circuit layout design and software copyright. Support integrated circuit enterprises and software enterprises to apply for intellectual property rights according to law, and give relevant support to those who meet the relevant provisions. Vigorously develop integrated circuits and software-related intellectual property services.

(twenty-seven) strictly implement the intellectual property protection system for integrated circuits and software, and increase the punishment of intellectual property infringement violations. Strengthen the protection of the exclusive right of layout design of integrated circuits and software copyright under the network environment, actively develop and apply the network copyright protection technology of genuine software, and effectively protect the intellectual property rights of integrated circuits and software.

(twenty-eight) to explore the establishment of a long-term mechanism for software legalization. All computers (including mainframe computers, servers, microcomputers and notebook computers) sold in China must be pre-installed with genuine software, and computers pre-installed with non-genuine software are prohibited from going on sale. We will fully implement the policies and measures for government agencies to use genuine software, implement centralized government procurement of general-purpose software, and strengthen the management of software assets. Promote the institutionalization and standardization of the use of genuine software in important industries and key areas. Strengthen the publicity, training, supervision and inspection on the use of genuine software, and create a good environment for the use of genuine software.

Seven, the market application policy

(twenty-nine) through policy guidance, market application as the traction, increase the promotion of integrated circuits and software innovative products, and promote the continuous upgrading of technology and industry.

(thirty) to promote the development of integrated circuit industry and software industry cluster, support the construction of information technology service industry cluster and integrated circuit industry cluster, and support the development of software industry park with characteristics and high end.

(31) Support key enterprises, research institutes, universities and other innovative subjects in the field of integrated circuits and software to build various specialized innovation service institutions represented by specialized creative space, optimize the allocation of innovative resources such as technology, equipment, capital and market, and provide specialized services focusing on integrated circuits and software in accordance with the market mechanism, so as to realize the integrated development of large, medium and small enterprises. Increase support for specialized service platforms such as specialized creative space, technology business incubators and university science parks serving the integrated circuit and software industries, and enhance their professional service capabilities.

(thirty-two) actively guide the development of information technology research and application services outsourcing. Government departments are encouraged to entrust qualified software and information technology service institutions with the services that are within the scope of government responsibilities and suitable for market-oriented services in e-government construction, data center construction and data processing by purchasing services. Pay close attention to the formulation and improvement of corresponding safety review and confidentiality management regulations. Encourage large and medium-sized enterprises to rely on information technology to develop and apply business institutions and set up specialized software and information technology service enterprises.

(thirty-three) improve the protection system of consumer privacy and business secrets under the network environment, and promote the development of software and information technology services in the network. Promote software products and services that meet safety requirements in government agencies and institutions at all levels.

(34) further standardize the market order of the integrated circuit industry and the software industry, strengthen anti-monopoly law enforcement, crack down on various monopolistic behaviors according to law, do a good job in the anti-monopoly review of operators, and maintain fair competition in the integrated circuit industry and the software industry market. Strengthen law enforcement against unfair competition and crack down on all kinds of unfair competition according to law.

(thirty-five) give full play to the role of industry associations and standardization organizations, speed up the formulation of standards related to integrated circuits and software, and popularize the standards for quality evaluation of integrated circuits and cost measurement of software development.

VIII. International cooperation policy

Deepen the global cooperation between the integrated circuit industry and the software industry, and actively create a good environment for international enterprises to invest and develop in China. Encourage domestic universities and research institutes to strengthen cooperation with overseas high-level universities and research institutions, and encourage international enterprises to build R&D centers in China. Strengthen communication between domestic trade associations and international trade organizations, support domestic enterprises to cooperate with international enterprises at home and abroad, and deeply participate in the division of labor and cooperation in the international market and the formulation of international standards.

(thirty-seven) to promote the integrated circuit industry and software industry to "go global". It is convenient for domestic enterprises to jointly build R&D centers overseas, and make better use of international innovation resources to enhance the level of industrial development. The National Development and Reform Commission, the Ministry of Commerce and other relevant departments will improve their service level and create a good environment for enterprises to carry out investment and other cooperation.

IX. Supplementary Provisions

(38) All qualified integrated circuit enterprises (including design, production, packaging, testing, equipment and materials enterprises) and software enterprises established in China, regardless of the nature of ownership, can enjoy this policy.

(thirty-nine) this policy is interpreted by the National Development and Reform Commission in conjunction with the Ministry of Finance, the State Administration of Taxation, the Ministry of Industry and Information Technology, the Ministry of Commerce, the General Administration of Customs and other departments.

(forty) this policy shall be implemented as of the date of issuance. Continue to implement the policies specified in document No.18 [2000] and No.4 [2011] of the State Council. If the relevant policies are inconsistent with this policy, this policy shall prevail.

Car damaged houses run water … Who will ＂pay＂ for property losses after the rainstorm？

Reading tips

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)

Good news is coming! The latest voice of the General Administration of Financial Supervision is related to real estate financing!

On January 26th, the General Administration of Financial Supervision held a meeting to deploy and promote the implementation of the coordination mechanism of urban real estate financing.

The two departments held a meeting on the same day to deploy a coordination mechanism for urban real estate financing.

Earlier on the same day, the Ministry of Housing and Urban-Rural Development also held a deployment meeting of urban real estate financing coordination mechanism, requiring all localities to study and put forward a list of real estate projects that can be given financing support, coordinate the issuance of loans by financial institutions within their respective administrative areas, and accurately and effectively support reasonable financing needs. It is understood that before the end of this month, the first batch of projects can win loans after landing.

On January 12th, the Ministry of Housing and Urban-Rural Development and the General Administration of Financial Supervision jointly issued the Notice on Establishing the Coordination Mechanism of Urban Real Estate Financing (hereinafter referred to as the Notice), requiring cities at or above the local level to establish the coordination mechanism of urban real estate financing.

The working meeting held by the General Administration of Financial Supervision pointed out that the coordination mechanism is an important measure to implement the decision-making arrangements of the Central Financial Work Conference, meet the reasonable financing needs of real estate enterprises with different ownership equally, and promote the virtuous circle of finance and real estate.

Specifically, the Notice clarifies that the coordination mechanism, based on the development and construction of real estate projects and the qualifications, credit and finance of project development enterprises, puts forward a list of real estate projects that can be given financing support in accordance with the principle of fairness and justice, and pushes it to financial institutions within their respective administrative regions. Financial institutions shall evaluate the support objects pushed by the coordination mechanism according to the principles of marketization and rule of law, and actively meet the reasonable financing needs for projects with normal development and construction, sufficient collateral, reasonable assets and liabilities and guaranteed repayment sources; For projects that encounter temporary difficulties in development and construction, but the funds can be balanced, we should not blindly draw loans, pressure loans or cut off loans, but give greater support through the extension of existing loans, adjustment of repayment arrangements and new loans.

Li Yujia, chief researcher of the Housing Policy Research Center of Guangdong Urban and Rural Planning Institute, pointed out that the purpose of establishing a coordination mechanism this time is to establish a docking platform so that both banks and enterprises can fully communicate, and whether or not loans still need to follow the bank risk control and credit approval process.

Strengthen the closed management of funds and prevent misappropriation.

Xiao Yuanqi, deputy director of the General Administration of Financial Supervision, made a "notice" when he attended the press conference on high-quality economic and social development of financial services held by the State Council yesterday. Recently, the General Administration of Financial Supervision will hold a relevant work deployment meeting, asking banks to act as soon as possible, and under the lead coordination of the urban people’s government, together with the housing and construction departments, make good use of the policy toolbox because of the city’s policy, and more accurately support the reasonable financing needs of real estate projects.

The General Administration of Financial Supervision pointed out that the coordination mechanism should strengthen information sharing and provide relevant financial institutions with information such as project construction and operation and pre-sale fund supervision in a timely manner. It is necessary to guide financial institutions to negotiate with real estate development enterprises on an equal footing, make independent decisions and implement them according to the principles of marketization and rule of law, and protect the legitimate rights and interests of financial institutions.

At the same time, the General Administration of Financial Supervision stressed at this meeting that financial institutions should attach great importance to it, strengthen organizational leadership, establish internal mechanisms and clarify working rules. For projects that meet the credit conditions, it is necessary to establish a green channel for credit granting, optimize the approval process, shorten the approval time limit, and actively meet the reasonable financing needs. For projects that encounter temporary difficulties in development and construction, but the funds are basically balanced, we will not blindly lend, cut off loans, or press loans, but support them by extending existing loans, adjusting repayment arrangements, and adding new loans. At the same time, financial institutions should strengthen the closed management of funds to prevent the misappropriation of credit funds.

"All supervision bureaus should actively participate in the coordination mechanism, actively cooperate with local governments and housing construction departments, carry out related work in a steady and orderly manner, jointly promote the effectiveness of the coordination mechanism and promote the stable and healthy development of the real estate market." The General Administration of Financial Supervision said.

Editor: Wang Yunpeng

Proofreading: Li Lingfeng

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