BEIJING, July 31 (Reporter Wu Tao) Recently, 13 departments, including the Ministry of Industry and Information Technology, the Supreme People’s Court and the Supreme People’s Procuratorate, issued the "Special Action Plan for Comprehensive Remediation of Harassment Calls", which started in July 2018 and lasted for one and a half years, focusing on rectifying commercial marketing, malicious harassment and illegal and criminal harassment calls.

　　It is worth noting that the "Program" clearly proposes to regulate the commercial marketing behaviors of four key industries: financial telemarketing, telemarketing for selling houses and renting houses, telemarketing for medical institutions and health food production and operation enterprises, telemarketing for human resources services and tourism.

　　Have you ever encountered such harassing phone calls, "We just launched a real estate, do you think about it?" and "Do you need a loan?" It is not difficult to predict that such harassing calls will be reduced in the future.

　　Taking the telemarketing of medical institutions and health food production and operation enterprises as an example, the "Proposal" points out that the supervision of medical institutions and health food production and operation enterprises suspected of illegal telemarketing should be strengthened, and medical behaviors such as maternal and child health care, medical beauty and health food production and operation should be standardized.

　　With such strict management, will it be impossible to make marketing calls to users in the future?

　　The "Proposal" points out that if commercial marketing outbound calls are carried out, users’ consent should be obtained, a white list of users should be established and relevant basis materials should be kept, and the outbound call time and behavior should be standardized, so as not to affect the normal life of users.

　　After the user explicitly refuses, he shall not continue to make calls to him.

　　What should I do if I explicitly refuse to answer the phone and receive a harassing call? Don’t worry, the reporting channel will be established in multiple ways.

　　The "Proposal" pointed out that first of all, it is necessary to provide reporting channels, including telephone, website, mobile phone application and other channels, and inform the relevant competent departments of the clues reported by the masses.

　　Of course, these are inseparable from the cooperation of basic telecommunications enterprises. What should basic telecommunications enterprises do?

　　First of all, "whoever accesses is responsible", and the basic telecommunications enterprises strictly examine the user qualifications of voice lines and code number resources such as "95", "96" and "400" to standardize the use of resources.

　　It is also necessary to regularly check voice relay and Internet private line access, put an end to the illegal use of line resources, and strictly prohibit the provision of line resources and business access for illegal operations and out-of-range operations.

　　In addition, it is necessary to strengthen the contract constraints of telephone users. Users who make harassing calls should be disposed of and investigated for breach of contract according to the agreement. Those who violate laws and regulations should be reported to the relevant competent authorities in a timely manner.

　　In this regard, the reporter contacted the three major operators, and some operators said, "There is no detailed response yet, but we will resolutely implement the relevant national requirements."

　　It is not easy to do this, and naturally it is inseparable from technical means.

　　In particular, the reporter learned that there are many "black technologies" on the market, which can change the number of the caller ID. After receiving it, the user feels like a very "serious" number and can’t help but answer it.

　　But in the future, this way may fail. The "proposal" pointed out that the technical prevention capability will be comprehensively improved. Among them, strengthening calling number authentication and call traceability.

　　Specifically, basic telecommunications enterprises should strictly regulate the range of number segments that can be used by corporate customers, and it is strictly forbidden to use transparent transmission technology to make virtual calling numbers or modify calling numbers themselves, and intercept all calls that fail authentication. Keep the communication data, and cooperate with the tracing of calls.

　　In addition, basic telecommunications enterprises should strengthen the construction of supporting technical systems for harassing phone interception, and improve the ability of harassing phone identification and interception. Strengthen the interception of overseas incoming calls with false numbers beginning with "+86", and do a good job in screening and intercepting harassing calls such as irregular calling numbers and "ringing" and "calling you to death".

　　In the future, basic telecommunications companies, mobile resale companies and related Internet companies should provide mobile phones with warning services such as marking, intercepting and risk prevention and control of suspected harassing calls through SMS, flash messages and application software.

　　In fact, at present, many Internet companies are already doing harassing phone marking and early warning. According to the data provided by 360 mobile guards to Zhongxin.com, in 2017, a total of 38.09 billion harassing calls were intercepted and about 9.85 billion spam messages were intercepted.

　　As for specific interception, marking and early warning, china communications standards association should speed up the formulation of relevant standards.

　　It is not enough to have technology alone. The "Proposal" is clear that it will crack down on information disclosure at the source and focus on detecting a number of criminal cases that infringe citizens’ personal information.

　　Severely crack down on illegal and criminal acts of illegal selling or providing citizens’ personal information to others by staff of various administrative organs and key units such as telecommunications, finance, medical care, education, property, logistics and delivery.

　　It will also focus on detecting a number of illegal and criminal cases such as fraud, extortion and false advertising by telephone.

　　All departments have imposed joint punishment on enterprises and individuals with serious violations, making them "untrustworthy in one place and restricted everywhere".

The State Council Joint Prevention and Control Mechanism held a press conference on the afternoon of March 15th to introduce the situation of promoting vaccination in COVID-19. Let’s pay attention together!

About vaccination

By March 14th, 64.98 million people had been vaccinated with Covid-19 vaccine.

At present, all localities are promoting vaccination safely, orderly and vigorously. As of March 14th, 64.98 million people have been vaccinated with Covid-19 vaccine. At present, vaccination is being organized and implemented according to the principle that key groups, high-risk groups and other groups are promoted in order, and the coverage rate of vaccine population in Covid-19 is steadily improved.

If you miss the centralized inoculation, you can replant at the local inoculation unit nearby.

At present, most of the vaccinated people in various places involve key industries and places, mainly relying on their units to organize centralized vaccination, and some temporary vaccination points have been added in places where the target population is concentrated. If individual target population fails to participate in centralized vaccination due to personal reasons, they can also replant at the nearest inoculation unit, but they should contact the inoculation unit in advance or make an appointment in advance according to the requirements of the local health administrative department, disease control institution or inoculation unit. If you have questions about vaccination in Covid-19, you can ask the local health administrative departments, disease control institutions and vaccination units through online or telephone consultation.

Vaccination of high-risk groups such as the elderly and patients with basic diseases should be arranged according to the progress of vaccine research and development.

The vaccination of high-risk groups mainly includes the elderly and patients with basic diseases. At present, the data of clinical trials on the protection effectiveness of this group of people are not enough, so the vaccination work of this group of people needs to be arranged according to the progress of vaccine research and development. After the clinical trials have obtained sufficient data on safety and effectiveness, large-scale vaccination of relevant people will be carried out in time.

COVID-19 vaccine is usually separated from other vaccinations for at least two weeks.

Usually, the interval between COVID-19 vaccine and other vaccinations should be at least two weeks, but in some special cases, such as animal bites or trauma, rabies vaccine or tetanus toxoid should be vaccinated at this time. In this case, it is not recommended to vaccinate at the interval of two weeks, and rabies vaccine or tetanus vaccine can be given priority regardless of the interval.

It is recommended to seek medical advice in time when you encounter suspected adverse reaction symptoms after vaccination.

Vaccine is a foreign antigen to human body. There will be some adverse reactions after vaccination, but most of them are general reactions, which means that these reactions can heal themselves without treatment, but sometimes they will encounter suspected adverse reactions after vaccination, and the symptoms may be slightly worse. At this time, it is recommended that the recipients seek medical treatment in time. In this process, if the clinician suspects that it is caused by the vaccine, he will report it, and then he will do relevant investigation and diagnosis.

The best way to prevent COVID-19 is to vaccinate.

From the analysis of infection risk, although the epidemic situation in China is generally stable, there are still risks of epidemic import and local epidemic. For the vast majority of people, if there is no immunity against Covid-19, they may get sick, and some people may be more serious after getting sick. Therefore, the best way to prevent COVID-19 is to vaccinate. Vaccination can effectively protect individuals and people, and vaccination can reduce infection rate, severe illness rate and death rate.

About vaccine research and development and circulation

At present, 17 COVID-19 vaccines have entered the clinical stage in China, and 4 vaccines have been conditionally approved.

At present, 17 COVID-19 vaccines have entered the clinical stage in our country, four of them have been approved with conditions, and the other three technical routes are basically in the third phase of clinical practice or will enter the third phase of clinical practice immediately. Clinical trials need to obtain sufficient clinical research data. Once sufficient data is obtained to prove that it meets the efficacy of the scheme design and has acceptable safety data, the applicant can apply to National Medical Products Administration for listing, and National Medical Products Administration will organize the review at the first time to ensure the safe and effective vaccine to be listed as soon as possible.

The four Covid-19 vaccines are divided into two technical routes.

There are three inactivated vaccines, one is adenovirus vector vaccine. Inactivated vaccine is actually a vaccine prepared by a series of purification techniques after the live virus is inactivated by physical and chemical methods. Its main feature is that the composition of the vaccine is similar to that of the natural virus, which is the closest. Usually, the immune response is also strong and has good safety. Its vaccine is relatively stable, it can be stored for two to three years at 2-8 degrees for a long time, and it is convenient to transport and use in remote places. It is immunized with two needles. Adenovirus vector vaccine, China adopts adenovirus type 5 as the vector, introduces Covid-19 antigen gene, and makes live vector vaccine through bioreactor. The preparation process is relatively simple, and the cost is relatively low, because it is mainly developed on the basis of the original platform of Ebola vaccine of adenovirus type 5 in our country. This vaccine can not only induce the production of good neutralizing antibodies, but also has a feature of enhancing cellular immunity. The adopted immunization program is one-shot immunization. One-shot immunization is really convenient for some special emergency groups.

The whole process of vaccine control can be traced back to the source and the destination.

In terms of tracking the flow direction, the state has established a national electronic traceability collaborative platform for vaccines, and all localities report the required information to the platform in a timely and accurate manner, so that the vaccine can be traced throughout the process, and the source and destination of the vaccine can be traced. In terms of the safety management of vaccine circulation and use, CDC and vaccination units strictly control the entry and exit of vaccines, and regularly monitor and record the temperature of vaccines in Covid-19 during storage and transportation to ensure the safety of storage and transportation.

Influence of Covid-19 Mutant on Vaccine

At present, it is not found that Covid-19 mutant significantly affects the protection rate of COVID-19 vaccine listed in China.

At present, it has not been found that the mutant strain from Covid-19 has a significant impact on the protection rate of COVID-19 vaccine conditionally listed in China. R&D enterprises all use vaccine immune serum to test and evaluate the cross neutralization ability of several mutant strains collected at present, and the latest report has not found that the neutralization activity of inactivated vaccine and recombinant protein vaccine on mutant strains, including South African strains, has obviously decreased, so it is necessary to follow up and study.

Take measures to deal with the influence caused by virus mutation

In order to effectively deal with the impact of virus mutation, on the one hand, we should closely monitor and monitor in real time, collect it as soon as possible after discovery, and then measure it after collection, so as to find out the impact of Covid-19 mutant on the vaccine in time. On the other hand, strengthening the platform construction of vaccine research and development, through the deployment of five technical routes, China has established a very strong vaccine research and development platform. At the same time, we will actively study a new generation of vaccines, and once the immune effect of vaccines disappears or is greatly reduced due to virus mutation, we can develop vaccines for mutant strains in the shortest time.

remind

Ministry of Culture and Tourism: The proportion of receptionists such as entertainment places in areas with low epidemic risk is no longer subject to uniform restrictions.

Recently, the Ministry of Culture, Tourism and Tourism issued the Notice on Further Strengthening the Prevention and Control of Normalized Epidemic Situation in Performance Places, Internet Service Places and Entertainment Places such as theaters. In areas with low risk of epidemic situation, the proportion of consumers in performance places, Internet Service Places and Entertainment Places such as theaters is no longer subject to uniform restrictions, and the party committees and governments of all provinces (autonomous regions and municipalities) will take control according to the local epidemic prevention and control situation. To hold large-scale commercial performances, it is necessary to strengthen communication and coordination with public security departments, and appropriately control the number of people according to local epidemic prevention and control requirements.

Read in detail: Notice on further strengthening the prevention and control of normalized epidemic situation in theaters and other performance venues, Internet service places and entertainment places.

　　According to the news of "Net Letter Shangqiu", the Office of COVID-19 Epidemic Prevention and Control Headquarters in Shangqiu City issued an urgent notice (No.33, 2022) on canceling the dining in hotels and restaurants. The full text is as follows:

　　At present, the epidemic situation inside and outside the city is extremely severe. In order to reduce the gathering of people and prevent the spread of the epidemic, the Municipal Epidemic Prevention and Control Headquarters has decided to cancel all kinds of operating hotels and restaurants, including canteens and restaurants in the unit, from now on. Release time will be announced later.

　　Shangqiu COVID-19 Epidemic Prevention and Control Headquarters Office

　　April 4, 2022

　　Outpatient service problem: developers illegally build houses, which leads to property buyers not getting real estate licenses. How to deal with it?

　　Outpatient specialist:

　　Ma Lianzhen, Associate Professor of South China Normal University

　　Wang Ping, Procurator of Panlong District Procuratorate, Kunming, Yunnan

　　Expert opinion:

　　◇ According to the relevant regulations, an application must be made to the relevant departments before the floor is stamped, and it can only be stamped after approval.

　　◇ Illegal building does not necessarily mean that you can’t get the real estate license. If the developer changes the floor area ratio without authorization, you can readjust the floor area ratio if you want to pass the acceptance.

　　◇ Disputes arising from developers illegally adding floors or building planned green spaces belong to contract disputes.

　　The relevant government law enforcement departments should strengthen supervision, standardize the market behavior of real estate development enterprises, and cultivate a healthy and standardized commercial housing market.

　　Recently, Ms. Liu, a resident of a residential area in Anhui Province, told reporters that the commercial house she bought has been paid and moved in, but so far she can’t get the real estate license, and the developer always replies that it is being processed. When buying a house, the developer has complete pre-sale procedures. Who knows that the house can’t get the real estate license when it is bought? What causes this result? How should buyers protect their rights? Our reporter interviewed Ma Lianzhen, associate professor of South China Normal University, and Wang Ping, procurator of Panlong District Procuratorate in Kunming, Yunnan Province.

　　Why do developers illegally build houses?

　　Compared with the sales plan of the community, Ms. Liu found that a small high-rise building stood impressively in the part originally planned as green space; The original planning of several buildings have been stamped with the floor. Ms. Liu told reporters that it was the developers who illegally built houses that caused them to get the real estate license.

　　The reporter learned that this phenomenon is not uncommon. According to Wenzhou Metropolis Daily, a residential area in Rui ‘an City, Zhejiang Province failed to pass the project completion acceptance for seven years, resulting in more than 800 suites unable to obtain real estate licenses. The relevant person in charge of the Planning and Construction Bureau of the Management Committee of Anyang Central City, Ruian City said that the green area has shrunk seriously. The biggest possibility is that the design unit passed the project approval to cooperate with the owner at that time, and the greening rate designed on the drawings reached the standard. In fact, it is difficult to reach the specified greening rate, and in the end, it is often necessary to compensate for the garden construction. This situation is more common in the construction of resettlement houses in Anyang. According to the Chutian Times, in Ezhou City, Hubei Province, there are also cases in which the developer illegally added floors, resulting in the project failing to pass the acceptance, and the buyers failed to get the real estate license for six years.

　　Why do you want to reduce the green space to build a house, or build a floor on the top floor of a building? Mr. He, the developer, told reporters that there are generally two situations. First, in order to meet the needs of more relocated households, we can only reduce green space and increase Gai Lou; Second, developers build an extra floor for their own convenience.

　　In this regard, Wang Ping believes that in order to pursue commercial interests, developers build floors or build planned green spaces into buildings, and increase the actual living area of the community. The consequences are that the living environment and living comfort of the houses purchased by property buyers become worse, and the value of the houses is relatively reduced. According to the relevant regulations, an application must be made to the relevant department before the floor is stamped, and it can only be stamped after it is approved. If it is illegal to build a house without authorization, the construction project will not pass the completion acceptance, and the property buyers will certainly not get the real estate license.

　　Ma Lianzhen said, "According to the Measures for the Management of Floor Area Ratio of Construction Land promulgated by the Ministry of Housing and Urban-Rural Development in 2012, after the completion of the house, the competent urban and rural planning department of the local government at or above the county level should strictly examine whether the construction project meets the floor area ratio requirements when verifying the construction project. Without verification or verification does not meet the requirements of the volume rate, the construction unit shall not organize the completion acceptance. Obviously, these communities that do not meet the prescribed greening rate do not meet the requirements of the floor area ratio, so it is impossible to obtain the "Construction Project Completion Record Form", which will inevitably affect the property buyers to apply for real estate licenses. "

　　"The so-called plot ratio refers to the ratio of the total construction area to the construction land area in a certain plot." Ma Lianzhen said that for developers, the floor area ratio determines the proportion of land cost in housing; For residents, the floor area ratio is directly related to the comfort of living. The lower the floor area ratio, the higher the living comfort, and vice versa. Generally, if the floor area ratio is low, the green space ratio will be higher and the building density will be lower. The less area developers can use to recover funds, the more comfortable the residents will be. Therefore, the ratio of floor area ratio and green space ratio determines whether developers design a community from the perspective of people’s living needs or from the perspective of purely making money.

　　Must I not get the real estate license if I build a house illegally?

　　"Building a house illegally does not mean that you will not get a real estate license." Ma Lianzhen said, "In the case that developers change the floor area ratio without authorization, if they want to pass the acceptance, they can readjust the floor area ratio."

　　Wang Ping explained that the developer can pay the land transfer fee or accept a fine in accordance with the provisions of the Urban and Rural Planning Law, and then re-sign the state-owned land transfer contract with the relevant departments. After regaining the right to use the state-owned construction land after adjusting the floor area ratio, apply for the "Construction Project Planning Permit" for adding floors or building the planned green space, which will also enable buyers to get the real estate license.

　　However, it should be noted that the situation of paying the land transfer fee and adjusting the floor area ratio belongs to the situation that measures can be taken to adjust. If the developer illegally covers the floor or builds the planned green space into a building, or it is impossible to obtain the construction project planning permit for various reasons, or fails to carry out the construction in accordance with the provisions of the construction project planning permit, and it is confirmed to be an illegal building, it should be demolished according to the regulations.

　　Wang Ping believes that administrative punishment cannot exempt developers from civil liability for breach of contract. Most of the existing commercial housing sales contracts are standard contracts, and the contents of residential planning, community planning and liability for breach of contract in the commercial housing sales contract signed by buyers and developers are generally not stipulated in the contract. However, once the two sides signed the "Commercial Housing Sales Contract", it means that property buyers and developers have determined the corresponding rights and obligations. If the property buyers can’t get the real estate license because of the developer’s reasons, the developer’s behavior should be considered as a violation of the Commercial Housing Sales Contract. In addition, at the beginning of selling the house, the developer has explained and promised the houses and related facilities within the scope of the commercial housing development plan before signing the contract with the buyers, and it has a significant impact on the conclusion of the commercial housing sales contract and the determination of the housing price, which should be regarded as an offer. Even if the explanation and promise are not included in the Commodity House Sales Contract, they should also be regarded as the contents of the contract. If the developer violates it, he shall bear the liability for breach of contract. Of course, if disputes arise, in practice, the burden of proof for this content is borne by the buyers.

　　How should buyers protect their rights?

　　What should I do if the property buyers can’t get the real estate license and even face the risk of being forcibly demolished because the developers build houses illegally?

　　Wang Ping said that for buyers, after the developer defaults, the buyers can choose the following rights protection methods: First, ask the developer to bear the liability for breach of contract and return the house after compensating for the losses; Second, the developer is required to bear the liability for breach of contract and continue to perform the contract after compensating for the losses. The responsibilities that developers should bear include liability for breach of contract and liability for compensation. Article 18 of the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Contracts (hereinafter referred to as the Interpretation) stipulates: "If the buyer fails to obtain the certificate of ownership of the house at the expiration of the following time limit due to the seller’s reasons, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties: (1) The time limit for handling the registration of ownership of the house as stipulated in the commercial housing sales contract; (two) the subject matter of the commercial housing sales contract is the unfinished house, 90 days from the date of delivery of the house; (3) If the subject matter of the commercial housing sales contract is a completed house, 90 days from the date of conclusion of the contract. " Accordingly, property buyers have the right to ask the developer to terminate the contract and compensate for the losses. According to the provisions of the contract law, if the contract has not been performed after dissolution, the performance shall be terminated; If it has been performed, according to the performance and the nature of the contract, the buyer may request restitution and take other remedial measures, and have the right to claim compensation for losses.

　　Ma Lianzhen said that Article 19 of the Interpretation stipulates: "If the time limit for registering the ownership of the house stipulated in the commercial housing sales contract or Article 33 of the Regulations on the Administration of Urban Real Estate Development and Operation expires more than one year, the buyer cannot register the ownership of the house due to the seller’s reasons, and the buyer requests to cancel the contract and compensate for the losses, it shall be supported." If the property buyer asks the developer to bear the liability for breach of contract, the developer should compensate in accordance with the contract; If there is no liquidated damages stipulated in the contract or the amount of loss is difficult to determine, it can be calculated according to the total amount of paid house purchase price and with reference to the standard for financial institutions to collect interest on overdue loans stipulated by the People’s Bank of China.

　　For buyers, it may not be the best choice to cancel the contract and return the house after check-in. Ms. Liu’s experience reminds buyers that before signing the Commercial Housing Sales Contract, they should agree with the developer on a high liquidated damages in the purchase contract to deter the developer, and at the same time, it can guarantee that the developer will be required to pay high compensation when it defaults.

　　How to strengthen supervision by relevant government departments

　　The reporter learned that some property buyers are petitioning everywhere because they can’t get the real estate license, and hope that the relevant government departments will intervene to resolve disputes as soon as possible. In this regard, Wang Ping said that the disputes arising from the developers illegally adding floors or building planned green spaces are contract disputes. A contract is legally binding only on the contracting parties, but not on the third party outside the contractual relationship. This is determined by the principle of relativity of contract stipulated by Chinese law, which reflects the idea of respecting the autonomy of the parties and the freedom of contract. Once the Commercial Housing Sales Contract is signed, it is regarded as the true intention of both the developer and the purchaser. The contractual relationship can only occur between the developer and the purchaser, and only one of the parties to the contract (the developer or the purchaser) can make a request or bring a lawsuit to the other party of the contract. Other units and individuals, including the government, have no right to make demands on the contract content or rights protection methods. From this perspective, the relevant government departments should not intervene and intervene in the real estate market in principle, nor should they intervene in the settlement of disputes over commercial housing sales contracts.

　　However, illegal buildings have repeatedly "flashed", which is not unrelated to the lack of supervision by relevant government departments. It is not a one-off event for a building or group of buildings to start construction. If the relevant departments are properly supervised during the construction process, the situation that property buyers can’t get the real estate license can be avoided. Ma Lianzhen said that China’s urban and rural planning law stipulates the supervision and inspection responsibilities of governments at or above the county level in Chapter V. Article 53 of the Law stipulates that the competent department of urban and rural planning of the government at or above the county level shall supervise and inspect the implementation of urban and rural planning, and have the right to take the following measures: (1) require relevant units and personnel to provide documents and materials related to supervision matters and make copies; (two) to require the relevant units and personnel to explain and explain the problems involved in the supervision matters, and to enter the site for investigation as needed; (three) to order the relevant units and personnel to stop violating the laws and regulations on urban and rural planning. Article 56 stipulates that if administrative punishment should be given in accordance with the provisions of this Law, but the competent department of urban and rural planning does not give administrative punishment, the competent department of urban and rural planning of the higher level government has the right to order it to make a decision on administrative punishment or suggest that the relevant government order it to give administrative punishment. Accordingly, relevant government departments should strengthen daily supervision and law enforcement. For illegal acts that challenge laws and regulations, we should not turn a blind eye. We should always carry out special clean-up and rectification of illegal and illegal housing. For unauthorized housing, building houses with less batches and more areas, we will be punished according to relevant regulations. Relevant departments can also establish a reward system for reporting to stimulate the enthusiasm of the masses to report.Ensure that the relevant government departments grasp the illegal building information at the first time, and publicly expose and deal with typical cases with bad influence, and forcibly dismantle them. At the same time, it is necessary to increase publicity on the construction site, strengthen the legal awareness of developers and workers, make them understand the seriousness of the law, and better restrain their behavior.

　　Wang Ping also believes that the relevant government departments should strengthen the dynamic supervision of real estate development enterprises, strengthen the supervision of the whole process of approving projects under construction, intensify the efforts to clean up illegal enterprises, promote real estate development enterprises to standardize market behavior, and cultivate a healthy and standardized commercial housing market.