民事诉讼契约的性质及效力研究

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SHENZHEN: Efforts to explain and publicize the new Labor Contract Law have thwarted many attempts to dodge the provisions included in it, but violations still occur, an official of a worker's union said Wednesday."We have been keeping an eye out for any abnormal redundancies and it appears the situation is improving," Xie Liangmin, sub-chief of the legal affairs department of the All China Federation of Trade Unions, said during a visit to this southern city.However, a company in Guangdong Province was recently found to have fired a group of contract workers and then rehired them through a manpower services company, Xie said."All attempts by companies to evade their responsibility to take care of their employees will be punished after the detailed regulations of the Labor Contract Law are issued," he said.The federation is working closely with the authorities to draw up detailed regulations, the release of which is likely to be postponed until the first quarter of next year, Xie said.Although the federation has publicly criticized two companies - IT equipment manufacturer Huawei Technology and retail giant Wal-Mart - for attempting to dodge some parts of the law before it takes effect on January 1, no punishments have been handed down.Dong Ping, an official with the Ministry of Labor and Social Security, called on companies to come to terms with the legislation."The law provides an opportunity for companies to develop harmonious and stable working relationships with their employees within a more competitive environment. A successful company always respects its employees and abides by the law," Dong told a forum on promoting the new law.Terry Guo, CEO of Foxconn Technology, a leading IT manufacturer with operations in Shenzhen, said it would give its full support to the Labor Contract Law."The new law will prod companies into becoming more efficient and upgrading their technology. It should help them accelerate their strategic repositioning and restructuring," Guo said.He said Foxconn will work to improve the quality of its staff, save energy and encourage innovation to offset expected rises in its operational costs.The company has also revised its human resources policy and internal regulations to bring them in line with the Labor Contract Law.

The State Environmental Protection Administration (SEPA) yesterday outlined its plan to significantly reduce air and water pollution this year.It aims to cut up to 2.3 million tons of sulfur dioxide (SO2) emissions and 1.3 million tons of chemical oxygen demand (COD), a measure used in the monitoring of pollution.SEPA director Zhou Shengxian said yesterday in Beijing that this year's targets are to reduce SO2 by 6 percent and COD by 5 percent based on their 2005 levels, which serve as the base for the environmental goals of the 11th Five-Year Plan (2006-10).By 2010, the plan is to reduce both SO2 and COD levels by 10 percent, based on 2005 figures."Industrial restructuring will play a fundamental role in curbing pollution," Zhou said.He said more high energy consuming and high polluting power plants will be shut down this year, including a number of small-sale thermal power plants with a combined output of 13 gigawatts, steel plants with a total capacity of 6 million tons, cement plants with a combined output of 50 million tons, iron production facilities with a total capacity of 14 million tons, and papermaking factories producing a combined 1 million tons."This phase-out plan, if achieved by the end of this year, will help China reduce its emissions of SO2 by 600,000 tons and cut the COD by 400,000 tons," Zhou said.Key eco-friendly projects will also be implemented, Zhou said.The country's urban wastewater treatment capacity is to be increased by 12 million tons a day, which will cut COD by 600,000 tons.In addition, industries will be required to strengthen their wastewater treatment capacities and will be expected to decrease COD by 200,000 tons a year.In terms of air pollution, the use of sulfur scrubbers to clean emissions will be emphasized.New thermal power generation units with a combined capacity of 30 gigawatts will be installed with sulfur removal capabilities, which is expected to reduce SO2 emissions by 1.5 million tons.Measures taken by the central government and environmental agencies last year also saw progress being made in the green battle.The density of COD in water resources was 6.5 mg per liter, down 7 percent on 2006.A reduction in SO2 emissions also saw the area of land affected by acid rain shrink by 100,000 sq km.The number of blue-sky days with good air quality was also up on the previous year.However, the fight against pollution is far from over, Zhou said.SEPA figures showed that last year, the quality of more than 26 percent of water runoff was worse than grade V - a level unfit for human contact.The air quality in cities on more than 100 days was below grade II, the level at which it is considered healthy for humans.

BEIJING - China purchased at least 400 billion yuan (.6 billion) of goods and services in 2007, a new high compared to the 368.1 billion yuan recorded a year earlier, preliminary figures from the Ministry of Finance (MOF) revealed.Assistant Financial Minister Zhang Tong described the expansion as "outstanding" given the procurement stood at only 100 billion yuan in 2002, the first year the mechanism was introduced.The past five years have also witnessed an increasingly diversified government consumption that expanded from solely commodities in the beginning to services and engineering, he said. With 13,000 people engaged in purchasing nationwide, China has twice revised its procurement list to include 18 categories encompassing nearly 4,770 items.Energy-saving products accounted for a large percentage of the newly-added items. To lead by example, the government has pledged to reduce energy consumption for every 10,000 yuan of gross domestic product by 20 percent and pollutant emissions by 10 percent for the 2006-2010 period.This year, student textbooks for primary and junior high schools, medicine, farm machinery and other items to distribute to the needy free of charge or at inexpensive prices will be added to the list, Financial Minister Xie Xuren told a recent work meeting for 2008.Under a MOF directive promulgated last month, government procurement will favor independent innovation products starting this year, a practice, experts said, the United States adopted in the late 1950s to foster domestic high-tech industries, including aeronautic and astronautic technology, computing, semiconductors and integrated circuits.Qinghua University law professor Yu An said the move would provide good incentives for domestic firms to speed up technical innovation.MOF statistics revealed the procurement had spared an aggregate expenditure of at least 180 billion yuan between 2002 and 2007.The benefits, however, didn't drown out grumbles from the Heilongjiang provincial chapter of the Revolutionary Committee of the Chinese Kuomintang, one of the country's eight political parties, beside the ruling Communist Party of China (CPC).At a meeting last month, the chapter held transparency in government procurement should be enhanced as some products were found to be overpriced, of unsatisfactory quality or without effective after-sales service.Tendering companies must be subject to real-time supervision to avoid bribery and kickbacks. Perpetrating firms must be blacklisted and banned from the procurement, while governmental departments must submit their accounting ledgers for regular auditing scrutiny, they said.

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There is perhaps no better time to savor the charm of Tian'anmen Square than during the week-long National Day holiday.Two girls pose with small national flags on Tian'anmen Square September 30, 2007, the eve of the week-long National Day holiday. [Xinhua] Stretching in front of the Forbidden City, it is ablaze with the color of 400,000 pots of flowers in full bloom.This year's major events can be seen at the city's center. Looking east are scale models of the Acropolis in Athens, the Great Wall, and a 9.8-meter Olympic torch, which represents the torch relay from Greece to China.To the south can be seen models of the Temple of Heaven and major scenes marking key events in the history of the Communist Party of China (CPC) to welcome the 17th National Congress of the CPC which starts on October 15.A big fountain sprouts water as high as 60 meters in the middle of the square surrounded by a bed of flowers."The square is always the best place to experience the festive atmosphere of the National Day," Deng Chuanmei, 48, a visitor from Jiangsu Province, said.Wei Liqing, a Beijing resident, said she has taken photos and videos at the square every National Day holiday since 1992. "I want to record the pace and growth of our country," she said.Work on the decorations and flower displays started about 25 days ago, and was carried out at night to avoid disrupting tourists and traffic, Zhou Jianping, an official with the Beijing gardening and forestation bureau, said.He said this year's decorations include 130 kinds of flowers, of which more than 20 will also be on display during the next year's Olympic Games. If weather permits, the flowers will be shown until the end of the month.The national flag raising ceremony will also be a major attraction. At dawn today, an estimated 200,000 people will gather at Tian'anmen Square to watch the event.The capital's tourism administration bureau has predicted that about 1.7 million people will visit the capital during the seven-day holiday.

The Employment Promotion Law is being revised to provide a firmer legal footing for efforts to combat the discrimination that Hepatitis B virus carriers have encountered while looking for work, a senior official said. If the revised law is passed, Hepatitis B carriers will have the tools they need to guard their right to secure fair employment and to have discriminating employers punished. Liu Danhua, deputy director of the Labor and Social Security Ministry's training and employment department, said the drafters planned to write a chapter called "fair employment" and to add an article that bans employers from refusing to hire applicants because they carry infectious viruses. She made the remarks during an online interview on www.gov.cn on Friday. At least 15,000 people participated in the online chat and left more than 600 messages for the official. Many spoke about their experiences of being rejected by employers because they are Hepatitis B virus carriers. They applauded the document released by the Labor and Social Security Ministry and the Ministry of Health in May, which called for the protection of virus carriers' employment rights. Still, some were disappointed that some employers seemed not to have heeded the call. According to the document, except for those industries barred to Hepatitis carriers because of the possibility they might spread the virus, such as food processing, employers are not to make Hepatitis screening a mandatory part of physical checkups. Medical organizations have been asked to protect carriers' privacy. But in many cities checks for theHepatitis B virus are more or less obligatory before securing employment. A college graduate from Changsha, Hubei Province, using the Web alias "jiushi3953", said he had been rejected three times by companies because he has Hepatitis B. He was worried he would never get a good job. "Almost every company in Shenzhen demands a Hepatitis virus check Please give me a chance to survive," he said. Hao Yang, deputy director of the Ministry of Health's disease control and prevention bureau, said discrimination was rooted in people's misconceptions about Hepatitis B. Many people and even some doctors think Hepatitis B virus can be transmitted while dining together or touching. Hao said this is wrong. The country is home to about 120 million chronic carriers of the Hepatitis B virus, which may lead to chronic inflammation of the liver. Carriers do not suffer, and do not pose a threat to other people.

China's private enterprises employed 120 million people by September this year, up 9.5 percent from the same month a year ago, said a senior official on Saturday."The private sector of the economy is a main avenue of employment and re-employment in China," said Zhong Youping, deputy minister of the State Administration for Industry and Commerce.Zhang made the remarks at a forum on Chinese and Japanese small and medium-sized enterprises held in Guangzhou of South China's Guangdong Province.Developing the private sector would help increase job opportunities and enable economic growth and employment to boost each other, said Zhang.Labor-intensive firms and the service sector could absorb a lot of laid-off workers and college graduates, he added.Last year China's industrial and commercial authorities helped 2.54 million unemployed people find jobs in the private sector and nearly half of the country's new graduates entered private firms.

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KUNMING - Altogether 248 students fell sick after eating a school lunch including kidney beans in Southwest China's Yunnan Province on Thursday, local authorities confirmed early on Friday.Investigators suspected the beans were undercooked.The students, from Zhuyuanzhen Township High School in Fuyuan County, complained of vomiting and nausea late Thursday afternoon and were put under medical observation at night, a spokesman with the Fuyuan County government said.By 8:00 am on Friday, about 170 students were still under observation at four local hospitals.Hospital sources said none of the cases was critical.Kidney beans contain lectin, a toxic agent that can cause diarrhea if the beans aren't heated thoroughly, according to health officials.

Apart from its soaring economy, Beijing is experiencing another kind of growth - in the age of its population.A police nurse takes an elderly woman's blood pressure as part of a medical checkup at her home in the Xicheng district of Beijing in November. A growing number of police officers have become involved with providing healthcare services to senior citizens in the community. [China Daily]According to figures released on Friday by the municipal civil affairs bureau, the city has 2.36 million people aged 60 or above, equivalent to about 15 percent of the total.Bureau spokesman Guo Xusheng said although the figure had risen by 340,000 from last year, the rate of growth could accelerate in the future, putting pressure on the city's social security system.A report by Beijing's working committee for the aged released late last year forecast the city's gray-haired population would reach 6.5 million by 2050, meaning one out of every three residents would be over 60.Guo told a government press conference the reason why there are now more elderly people is simply because people are living longer. At the end of last year, the average life expectancy for a Beijinger was 80.2 years, up 2.3 years on 2002.Yang Hui, a researcher with Beijing's Renmin University of China, warned that an aging society puts "great pressure" on the city's medical resources and a "burden" on the workforce."If the city draws too much fresh blood from the outside, it will face anther big problem - a booming population," he said.According to figures released on Thursday by the Beijing statistics bureau, at the end of last year, Beijing's population was 16.33 million, up 520,000 on 2006, the biggest annual increase in six years.Guo said the government had taken steps to prepare the city for its rapidly aging population.Last year, the authorities allocated 11.7 million yuan (.6 million) to build and renovate homes for the elderly. The city now has 336 such properties able to accommodate 38,080 people, Guo said."We want to increase the number of beds to 50,000 by 2010," he said, adding that community services and medical care for the elderly will also be improved.Also at Friday's press conference, Guo said the municipal government will continue to provide low-income families with subsidies to help counter the rising cost of living.In October, the authorities began paying monthly subsidies of 20 yuan to 229,000 of the city's lowest earners.Under the initial plan, the subsidies were to end in February, but Guo said the government had decided to extend them until June to account for possible further price hikes.

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The country's fast-developing tourism industry is expected to boost the hotel sector, a senior official has said.About 200,000 new hotels, resorts and guesthouses are likely to be built by 2015, head of China National Tourism Administration (CNTA) Shao Qiwei said on Thursday.Addressing a seminar on domestic and international hotels' groups, he said the new structures will include about 10,000 star-rated hotels. The number of five-star hotels in the country is expected to rise from 361 to 500."The World Tourism Organization has forecast that China will grow into a huge tourism market, and have 100 million each of inbound and outbound visitors and 2.8 billion domestic tourists by 2015," he said.The booming tourism market has created the need for new hotels and other infrastructure facilities, he said.The Shangri-La Hotels and Resorts plan to open five new facilities in the country this year, and at least 13 more in big cities such Beijing, Shanghai and Xi'an in the near future, the general manager of Traders Hotel at China World Trade Center in Beijing, Xin Tao, said.In fact, the group plans to open at least 40 new hotels in the country by 2011."The Olympic Games has brought us unlimited business opportunities and the increase of leisure, as well as business, travel in China will add to the appeal of hotel operators," she said.Investment from home and abroad into hotels will hit 340 billion yuan (.14 billion) between 2006 and 2010, the CNTA has forecast.The hotel sector was one of the first to be opened up in China, with Jianguo Hotel in Beijing being the first foreign-invested hotel to be approved by the State Council in 1979.Since then, 67 hotel brands of 41 international groups have entered the country and are managing 516 hotels at present, according to CNTA statistics.The hotel business has been expanding over the past three decades, and by the end of last year there were more than 14,000 star-rated hotels, 100 times more than in 1978.

HANGZHOU - Nineteen people are missing with only one rescued after a Liberian ship collided with a fishing boat in the East China Sea on Saturday night, said the Zhejiang Maritime Affairs Bureau on Sunday.A spokesman with the bureau said that the Liberian ship, "Formosa 10", collided with the fishing boat about 11:40 pm in the sea off the eastern Zhejiang Province, on its way from Taiwan to the Republic of Korea.The fishing boat, with 20 people on board, capsized."Most of the missing people are local fishermen and the others are from the neighboring provinces," said the spokesman.The provincial search and rescue center sent more than ten searching boats to the scene immediately and a helicopter arrived to assist in the operation around 6:45 am on Sunday.More than 20 fishing boats also participated in the rescue work."The visibility at the sea is favorable but the temperature of the sea water is very low. Usually, it's hard for people to survive more than 12 hours in such cold water," rescuers said.