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In January 2015, General Secretary of the Supreme Leader made important instructions on the 60th anniversary of the founding of China’s nuclear industry, stressing that the nuclear industry is a high-tech strategic industry and an important cornerstone of national security. It is necessary to adhere to safe development and innovative development, adhere to the peaceful use of nuclear energy, comprehensively enhance the core competitiveness of the nuclear industry, and continue to write a new brilliant chapter in China’s nuclear industry.

On December 15th, 1991, Qinshan Nuclear Power Station, the first self-designed and self-built nuclear power station in China, was connected to the grid for power generation, making China the seventh country in the world to design and build its own nuclear power station.

Today, Qinshan nuclear power plant has been operating safely for 30 years. After completion, the total installed capacity of Qinshan nuclear power base is 6.6 million kilowatts, the annual power generation is about 52 billion kWh, and the cumulative safe power generation is 690 billion kWh. It has become the nuclear power base with the largest number of nuclear power units, the most comprehensive reactor type and the richest nuclear power operation and management talents in China.

On the basis of ensuring the safe operation of Qinshan Nuclear Power Station, China National Nuclear Corporation (hereinafter referred to as CNNC) insists on scientific and technological innovation as a strategic basis, focuses on key technologies of nuclear energy, and builds the third generation of independent nuclear power technology "Hualong No.1", which has become a "national business card" that highlights China’s independent innovation capability.

Realizing "Zero Breakthrough" of Nuclear Power

Starting from Haiyan County, Jiaxing City, Zhejiang Province, all the way south to the foot of Qinshan Mountain. Under the shadow of cement buildings, there is a white building, and the high-voltage iron tower and thick transmission lines standing on the distant hills are connected with it. This building is the first 300,000 kW PWR nuclear power plant in China. The green energy output from nine operating units in and around here has been continuously imported into East China Power Grid, meeting the energy demand in the Yangtze River Delta region.

Time goes back to the 1970s. On February 8, 1970, Shanghai conveyed the spirit of Premier Zhou Enlai’s instructions on building nuclear power, and Qinshan Nuclear Power Station, China’s first independent nuclear power station, was named after the "July 28 Project".

In 1982, at the Fifth Session of the Fifth National People’s Congress, China solemnly announced the decision to build Qinshan nuclear power plant, which has since opened the prelude to nuclear power construction. Since then, nuclear workers from the northwest and southwest have gathered at the foot of Qinshan Mountain, involving more than 100 scientific research units, 7 design institutions, 11 construction units and hundreds of manufacturing plants. Everyone has only one goal: to achieve a "zero breakthrough" in nuclear power. In March 1985, Qinshan Nuclear Power Station poured the first tank of concrete.

Everything is difficult before it is easy. The initial construction of Qinshan Nuclear Power Station is not smooth, and the first-hand information that can be used for reference is very limited. "Take the main pipeline connecting the steam generator and the pressure vessel as an example, there are as many as 16 welding joints. At that time, there was no such welding technology in China." Yuan Yong, the business manager of the Qinshan Nuclear Power Party Group Work Office of China National Nuclear Corporation, recalled, "I heard that a foreign-funded enterprise had mastered the relevant technology, and the technical experts of Qinshan Nuclear Power Station went to consult."

At first, the foreign-funded enterprise agreed to provide a welding technical manual at a price of $100,000. But later, with the approaching of the construction period, the government of the country where the enterprise is located put forward two "additional conditions": first, Chinese must report to the country for the use of this welding technology; Second, when using this technology to weld pipelines, experts from this country should be sent to supervise on the spot. Hearing these conditions, Zhao Hong, then general manager of Qinshan Nuclear Power Company, decided to terminate the negotiations. Later, we used this $100,000 to build a laboratory in Qinshan site, organized experts from Tsinghua University and other units to tackle key problems, and won this technology in half a year.

"To solve the technical key in self-design, only through our own research and development can we know what it is, know why it is, and master the technical initiative." Ouyang Yu, chief designer of Qinshan nuclear power plant project, said. During the construction of Qinshan Nuclear Power Station, every technical drawing was designed and drawn by Chinese himself. With a series of independent technologies, the design and construction project of Qinshan 300,000 kW nuclear power plant won the national special prize for scientific and technological progress.

There is a clock in the Nuclear Power Science and Technology Museum in Haiyan County, and the time on it is fixed at 0: 15 on December 15, 1991. This is a major breakthrough in the peaceful use of nuclear energy in China and a milestone in the second venture of the nuclear industry.

Since then, the development of Qinshan nuclear power has been accelerated, and the second, third and Fangjiashan nuclear power projects of Qinshan nuclear power have been completed one after another. In this process, China has mastered 300,000, 600,000 and 1 million kilowatts of nuclear power technology, and Qinshan nuclear power has become the epitome of nuclear power from scratch and from small to large. At the same time, Qinshan nuclear power has also taken the first step of "going out" of China’s nuclear power technology supporting services. On December 31st, 1991, China and Pakistan signed an agreement in Beijing to jointly build Pakistan’s Chashma nuclear power plant with Qinshan nuclear power plant as a reference. Chashma project was the first commercial nuclear power plant designed and built by China, and it was also the largest high-tech export project in China at that time.

Today, on the foothills directly opposite the Qinshan Phase I nuclear reactor, you can still see a stone tablet engraved with the four characters "Qinshan Chunxiao". "This is the way for China’s nuclear power workers to record history. Qinshan Nuclear Power Station is like a’ spring song’, and China’s nuclear power industry is welcoming spring." Huang Qian, Party Secretary and Chairman of Qinshan Nuclear Power of CNNC, said.

"Hualong No.1" leads China’s nuclear power technology level and comprehensive strength to rank among the first phalanx in the world.

On January 30, 2021, the third generation nuclear power technology independently developed by China and the world’s first "Hualong No.1" nuclear power unit-Fujian Fuqing Nuclear Power Unit 5 was put into commercial operation. From pouring the first tank of concrete on the nuclear island to commercial operation, "Hualong No.1" took only 68.7 months, making it the only third-generation nuclear power reactor in the world built on schedule.

"Hualong No.1" has realized the dreams of several generations of nuclear power workers, including Xing Ji, chief designer and chief expert of "Hualong No.1" of China National Nuclear Corporation. In the past 30 years, Xing Ji has participated in almost all nuclear power plant construction in China, which makes him have a deeper understanding of the importance and urgency of mastering key technologies: "In the late 1980s, when China built the first large-scale commercial nuclear power plant with a capacity of one million kilowatts on the mainland, not only the main equipment could not be provided domestically, but even the basic materials for nuclear power construction could not be supplied domestically, and reinforced concrete that met the requirements of nuclear power plants could only be imported. We are all eager to develop our own million kilowatt nuclear power technology. "

Nuclear power plant is the most complex energy system so far, and the first reactor of "Hualong No.1" involves more than 70 professional fields, more than 80 structures and more than 360 systems, with more than 200,000 engineering design drawings. Every detail innovation puts forward higher requirements for design, procurement, construction, commissioning, nuclear safety and other links. In order to achieve the overall upgrade, we must learn from experience and strengthen cooperation on a global scale.

At the beginning of the research and development of "Hualong No.1", Xing Ji led the large team of "Hualong No.1" to build an efficient collaborative innovation research and development platform of "globalization for Industry-University-Research", effectively integrating technical resources and realizing complementary advantages. On the basis of summarizing China’s experience in scientific research, design, construction and management of nuclear power for more than 30 years, Hualong-1, an independent third-generation nuclear power technology, has finally been formed, which integrates a number of major technical improvements, such as "the highest safety standard, 177 cores, double containment, active and passive safety systems, earthquake resistance and large aircraft impact resistance".

The research and development of core nuclear power involves 336 systems and 25 disciplines, and the calculation amount is beyond imagination; The steam generator has 5835 pipes, almost none of which are exactly the same, and it has to pass through 9 layers of support plates smoothly; The diameter of the dome is 46.8 meters, and the thickness of the steel lining is only 6 mm. When hoisting, it must accurately fall into the guide groove with a width of only 10 mm at the narrowest part at the top of the nuclear island … seemingly "impossible tasks" are placed in front of the "Hualong No.1" team.

The core is the most important thing in the design of nuclear power plants. In the 1990s, after the Qinshan Phase II nuclear power project of 600,000 kilowatts was independently developed and designed, China National Nuclear Corporation immediately started the research and development project of independent million-kilowatt nuclear power technology, and in 1996, it put forward the plan of 177 cores, which not only increased the power generation of nuclear power units by 5% to 10%, but also greatly enhanced the safety of nuclear power plants. This is the source of the birth of "Hualong No.1" and the basis of key technologies.

"The metal material wrapped in nuclear fuel is called zirconium alloy. When we first started research and development, there was no complete production line in China. " Jiao Yongjun, chief designer of CF fuel of CNNC, recalled. After more than ten years of technical research and thousands of experiments, researchers have finally successfully developed N36 zirconium alloy with independent intellectual property rights. Subsequently, the R&D team successively overcame a series of difficulties, such as critical heat flux test and in-reactor irradiation test, and CF series nuclear fuel elements realized autonomy and industrial application.

The steam generator of "Hualong No.1" is completely different from the previous one in terms of size, core components and even every weld. In order to solve the difficulties in design and manufacture, Zhang Fuyuan, chief designer of "Hualong No.1" steam generator of China National Nuclear Corporation, often travels between major manufacturing plants, and finally shortens the manufacturing cycle to 27 months; In the world’s first demonstration project site of "Hualong No.1", the dome hoisting is the most critical link in civil engineering. The construction team finally successfully completed the "blade docking" with rich experience and excellent technology …

The confirmation of group parameters, the manufacture of sets of equipment, the binding of steel bars, the adjustment of instruments and the input of lines of codes, from the top-level scheme, overall design and preliminary design to the relevant important experimental verification, the "Hualong No.1" team overcame one difficulty after another, and it took 16 years to carry out 54 scientific research projects and develop hundreds of sets of new equipment.

"Hualong No.1" has achieved a major breakthrough in all aspects, such as calculation and analysis software, reactor core design, fuel technology, active and passive safety technology, etc. It has mastered a large number of key technologies in the fields of independent intellectual property rights covering design, fuel, equipment, construction, operation and maintenance, formed its core competitiveness, and won the initiative for the future development of nuclear power in China.

From Qinshan to Fuqing, China’s nuclear power started from "one poor and two white" in technology to independently design and build a million kilowatt nuclear power plant, and its technical level and comprehensive strength rank among the first phalanx in the world. With the spirit of self-reliance and self-improvement, people in the nuclear industry have made unremitting efforts and taken another solid step towards building a nuclear power.

The Struggle Journey of China’s Nuclear Power Technology from Relatively Backward to Advanced in the World

From the first heavy water reactor and the first cyclotron to open a new era of China’s atomic energy industry, to the successful development of atomic bombs, hydrogen bombs and nuclear submarines to establish a great power status; From the independent design and construction of Qinshan Nuclear Power Station, "Hualong No.1" and other big countries’ heavy equipment, to the independent research and development of a number of advanced nuclear technologies such as medical cobalt-60 to promote the localization of high-end medical equipment, and then to the application of irradiation sterilization technology to help science and technology fight the epidemic … An overview of the development history of China’s nuclear industry is a struggle history with the primary task of meeting the national strategic needs and the strategic support of building an advanced nuclear technology industrial innovation system.

Under the strong leadership of the CPC Central Committee, from Qinshan Nuclear Power Station to "Hualong No.1", China’s nuclear industry has embarked on a road of development with China characteristics. One of the important experiences is to give full play to the advantages of the new national system. Taking the super project "Hualong No.1" as an example, 17 domestic universities, scientific research institutions, 58 state-owned enterprises and more than 140 private enterprises participated in the research and development; The world’s first reactor project has driven more than 5,300 upstream and downstream enterprises, realized the localization of 411 core equipment, promoted the development of the country’s high-end major equipment manufacturing industry and related service industries, and significantly promoted the processing technology and process level of dozens of industries such as materials, metallurgy, chemical industry, machinery, electronics and instrument manufacturing.

The development of the nuclear industry is inseparable from talents. In Qinshan Nuclear Power Station, a large number of outstanding scientific and technological talents have emerged, represented by Ouyang Yu, an academician of China Academy of Sciences, and Ye Qiqian, an academician of China Academy of Engineering. The first batch of 35 nuclear power operators in Chinese mainland was born here, and more than 2,500 nuclear power technical backbones were exported to the whole country. After the first phase of Qinshan nuclear power plant was put into operation, when other nuclear power plants in China started construction, the first thing that came to mind was "taking important people from Qinshan".

In recent years, CNNC has attached great importance to the construction of talent team and built an innovative highland for nuclear science and technology talents. Focusing on important scientific fields and innovative directions, we will cultivate a number of strategic scientific and technological talents, leading scientific and technological talents and innovative teams with international standards; Strengthen the training of young talents through elite, leading and innovative teams, train and train a group of young scientific and technological talents, and build a high-level talent channel; Further innovate the mechanism and actively introduce high-tech talents and innovative teams.

In 2021, Qinshan Nuclear Power Station ushered in the 30th anniversary of grid-connected power generation, and the first batch of "Hualong No.1" in the world successfully achieved commercial operation. The passage of 30 years reflects the struggle journey of China’s nuclear power technology from relatively backward to advanced in the world, and highlights the spirit of innovation and hard work of nuclear power workers in the new era.

"As the national team and main force of China’s nuclear science and technology innovation, China National Nuclear Corporation will follow the spirit of the important instructions of the Supreme Leader General Secretary, base itself on the new development stage, implement the new development concept, build a new development pattern, promote high-quality development, further improve the advanced nuclear science and technology innovation system, focus on tackling key technologies and transforming and industrializing achievements, continue to bravely break into the’ no man’s land’ and be a pathfinder, constantly climb the peak of world nuclear science and technology, and contribute to the early realization of high-level scientific and technological self-reliance." Yu Jianfeng, Party Secretary and Chairman of CNNC, said.

[Editor: Wen Cun]

　　Abstract: Labor contract and labor service contract are very confusing, both of which are based on living labor, so it is difficult to distinguish them correctly in practice. But they are fundamentally different. A labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties. Labor contracts can be divided into broad sense and narrow sense. A labor contract in a broad sense refers to all agreements related to the provision of live labor services (i.e. labor services). The narrow sense of labor contract only refers to the general employment contract. The labor contract is developed from the employment contract. Therefore, it is of great significance to distinguish these two kinds of contracts correctly both in theory and in practice.

　　[Keywords:] labor contract, labor contract, employment contract, contract.

　　I. Labor Contract and Its Characteristics

　　Labor contract is a kind of legal system produced in social production. It originated from the employment contract in the traditional civil law. "From the employment contract to the labor contract, it is a socialized process [1]". Since the emergence of capitalist mode of production, labor contract has become an important content of legislation in various countries. First, a few industrialized countries recognized the legal effect of the labor contract in the civil law. Later, since Belgium promulgated the labor contract law in 1900, many capitalist countries have successively promulgated the labor contract law [2], and stipulated the special labor contract law in the labor law or listed the special chapter of the labor contract in the labor code, specifying the content and form of the labor contract, as well as the conditions and procedures for conclusion, modification and termination. At present, many countries in the world have legislation on labor contracts, which has been established as a legal system to adjust the relationship between workers and employers. Since 1986, China began to implement the labor contract system in accordance with the Interim Provisions on the Implementation of the Labor Contract System in State-owned Enterprises.

　　So, what is a labor contract? At present, the definition of labor contract has basically reached a consensus. According to the legal definition of labor contract in Black’s Law Dictionary: "Labor contract is an agreement made between employers and employees on labor management, working conditions, wages, allowances and rewards and punishments". Some scholars in China believe that "labor contract is an agreement between workers and employers to establish labor relations and clarify the rights and obligations of both parties [3]". It is said that "a labor contract is a labor contract, which is an agreement on the rights and obligations of both parties reached through consultation between workers and employers according to law [4]". It is also said that "labor contract is a labor contract, which is an agreement reached between workers and employers on labor rights and obligations [5]". Article 16 of China’s Labor Law defines a labor contract as: "A labor contract is an agreement between a laborer and an employer to establish a labor relationship and clarify the rights and obligations of both parties". Therefore, it can be seen that the labor contract is a legal form to establish the labor relationship between workers and employers, and an important means to organize social labor, rationally allocate labor resources, stabilize labor relations, and promote the development of social productive forces. According to this agreement, workers become a member of the employer, and have the obligation to complete the production tasks and work tasks of the employer, and have the obligation to abide by labor discipline and internal rules and regulations; The employer is obliged to pay labor remuneration and provide working conditions, labor protection, insurance and welfare benefits [6].

　　It can be seen that the labor contract has its legal characteristics obviously different from the civil contract:

　　1. The subject of labor contract is specific. The main party of a labor contract must be the employer. This mainly refers to: enterprises, individual organizations, private non-enterprise units and other organizations, but also includes state organs, institutions and social organizations that sign labor contracts with workers. The other party of the subject must be the laborer himself, that is, the laborer must be over 16 years old and have certain working ability, including domestic citizens, foreigners and stateless persons.

　　2. Both parties to a labor contract are subordinate in their duties. After the conclusion of the labor contract, the laborer is recruited as a member of the employing unit, which creates personal subordination, enjoys the rights and assumes the obligations of the employees of the unit internally, and engages in the management activities of production and operation in the name of the unit externally.

　　3. The labor contract is a paid contract between both parties. In the labor contract, the laborer must provide labor for the employer, and the employer must pay remuneration for the laborer, so it is a two-service paid contract.

　　4. The main terms of the labor contract are legal. In order to stabilize social order and protect the legitimate rights and interests of workers, countries have stipulated the main terms of labor contracts, such as working hours, labor protection conditions, minimum wages and holidays, and the parties concerned must abide by them.

　　5, the labor contract under certain conditions, often involves the material interests of the third party [7]. This feature is determined by the characteristics of labor reproduction itself. The content of the labor contract is not limited to the provisions of the rights and obligations of the parties, but also involves the material assistance rights enjoyed by the workers’ relatives under certain conditions, such as children’s employment, housing, maternity and work-related injuries, and material assistance when they die [8].

　　Second, the labor contract and its legal characteristics

　　In practice, people usually call the process of providing live labor service labor service. There are many contracts related to labor services, besides employment, there are contracting, publishing, transportation, entrustment, brokerage, storage and warehousing [9]. The concept of labor contract is very broad, and there is no clear and unified legal definition at present. The author thinks: labor contract has broad sense and narrow sense. A labor contract in a broad sense refers to all agreements related to the provision of live labor services (i.e. labor services). It belongs to the category of civil law adjustment, and the object of the contract is labor service. Some scholars define a labor contract as: "A labor contract refers to an agreement between legal persons, citizens, and legal persons and citizens on providing labor services." The author thinks that labor contract: "it is an agreement between the two parties on the creditor’s rights and debts formed in the process of providing live labor for the other party [10]". In a narrow sense, a labor contract only refers to an employment contract, that is, a contract in which both parties agree that one party will provide labor services to the other party and the other party will pay remuneration during a certain or uncertain period [11].

　　A labor service contract in a broad sense covers a lot of contents, so long as it is a labor service contract, it can be included in this kind of contract. According to the different emphasis of labor services provided by one party to the other, labor contracts in a broad sense can be divided into two categories: one is the contract whose object is labor services, but which focuses on the labor behavior itself. Some scholars summarize the contents of this kind of labor contract as follows: entrustment, discipline, intermediation, storage, transportation (transportation), tourism, performance, employment, bank transfer settlement contract and labor contract [12]. The other is the contract whose object is labor service, but which focuses on the result of labor service behavior, that is, the contract to complete the work delivery results; The content of this kind of contract is mainly the contract, as well as the special form of construction project contract [13]. Generally speaking, labor service contracts mainly follow the traditional principles of civil law and are adjusted by civil law, and most of them have become famous contracts. The specific rights and obligations of both parties are clearly stipulated in the contracts, such as discipline, intermediary, custody, transportation, contracting, construction project contracting and so on.

　　The narrow sense of labor contract only refers to the general employment contract, which is still regulated by civil law in most countries; As for another special case of employment contract-labor contract, because of its "legal structure with personal thoughts as the background, it has become increasingly unsuitable to standardize the reality of labor contract in modern society [14]", especially since the end of the 19th century and the beginning of the 20th century, it has entered the era of labor contract with social progress. "The free negotiation of contract is restricted, which more embodies government intervention, and it only eliminates the non-substantive equality that is difficult to achieve in the real society, making economic power. Therefore, the labor contract law with social significance [16] is produced. In this way, today’s labor contract is no longer regulated by civil law, but by labor law [17].

　　To sum up, the labor contract has the following characteristics:

　　1, the universality and equality of the subject. The main body of labor service contract can be signed between legal persons and organizations, or between citizens and legal person organizations. Generally speaking, it is not a special limitation and has universality. At the same time, the two sides fully abide by market rules and have equal status. When signing a contract, both parties shall follow the principle of fairness in the Contract Law.

　　2. Particularity of the subject matter of the contract. The object of a labor service contract is the living labor provided by one party to the other party, that is, labor service, which is an act. Labor contract is a contract with labor as the payment target, but the target of each specific labor contract requires different emphasis on labor behavior, or focuses on labor behavior itself, that is, the process of labor behavior, such as transportation contract; Or focus on the results of labor behavior, that is, the results of labor completed by providing labor services, such as contracting contracts.

　　3. Arbitrariness of content. Unless there are mandatory provisions in the law, both parties to the contract can completely decide the content and corresponding terms of the contract with their own free will, and decide on the provision and use of labor services and the beneficiaries. The content can belong to the needs of a certain profession in production and work, and can also belong to family life. When signing a contract, both parties shall follow the voluntary principle of the Contract Law.

　　4. The contract is a bilateral contract and a mandatory contract. In a labor service contract, one party must provide labor services for the other party, and the other party must pay the corresponding labor remuneration for the party providing labor services, so the labor service contract is a two-service paid contract. Most labor service contracts are non-essential contracts, unless otherwise specified by law.

　　Three, the relationship between labor contract and labor contract, employment contract and contract.

　　1, the difference between labor contract and labor contract

　　(1) Different subject qualifications. The main body of a labor contract can only be a legal person or an organization, that is, an employer, and the other party must be an individual worker. The main body of a labor contract cannot be both natural persons. Both parties to a labor service contract can be legal persons, organizations and citizens at the same time, or citizens can be legal persons and organizations.

　　(2) The nature of the subject and its relationship are different. There is not only a property relationship, that is, an economic relationship, but also a personal relationship, that is, an administrative subordination relationship. In addition to providing labor, workers must accept the management of the employer, obey its arrangements, abide by its rules and regulations, and become internal employees of the employer. However, there is only property relationship between the two parties of the labor contract, that is, economic relationship, and there is no attribute between them. There is no administrative affiliation. Workers provide labor services and employers pay labor remuneration, which are independent and equal.

　　(3) The treatment of subjects is different. Workers in labor relations receive not only wages, but also insurance and welfare benefits. In labour relation, natural persons generally only get paid for their work.

　　(4) The principles of determining remuneration are different. In the labor contract, the employer pays labor remuneration according to the quantity and quality of labor and the relevant regulations of the state, which embodies the principle of distribution according to work, while the labor price in the labor contract is paid according to the market principle of equal value and compensation, which is completely determined by both parties through consultation.

　　(5) Employers’ obligations are different: the performance of labor contracts runs through the intervention of the state. In order to protect workers, the Labor Law imposes many obligations on employers. For example, they must pay old-age insurance, medical insurance, unemployment insurance, work injury insurance and maternity insurance for workers, and the wages paid by employers must not be lower than the local minimum wage set by the government. These statutory obligations must not be changed through consultation. Employers of labor contracts generally do not have the above obligations. Of course, both parties may agree on the above contents, or there may be no such contents.

　　(6) The arbitrariness of the contract content is different. The main terms of a labor contract are clearly stipulated by law, and cannot be negotiated by the parties. For example, the employer should provide workers with working conditions and labor protection articles that meet the requirements of the state. However, the labor contract is freely negotiated by both parties to the contract without violating the mandatory law, which is very arbitrary.

　　(7) Different legal adjustments. Labor contracts are mainly regulated by civil law and economic law, while labor laws are regulated by labor law and labor contract law in social law.

　　(8) Different degrees of state intervention: the terms and contents of labor contracts are often stipulated by the state in mandatory legal norms. For example, the employer’s compulsory obligations and the termination of the contract, unless both parties reach an agreement through consultation, the employer must meet the conditions stipulated in the Labor Law. The labor service contract has a low degree of state intervention. Except for violating the mandatory provisions of national laws and regulations, the agreement on the content of the contract mainly depends on the autonomy of the parties, which is determined by the parties through free consultation.

　　(9) Legal liabilities of the contract: The liabilities arising from the non-performance and illegal performance of the labor contract are not only civil liabilities, but also administrative liabilities. For example, if the wages paid by the employer to the workers are lower than the local minimum wage, the labor administrative department shall make up the wages below the standard within a time limit, and if it refuses to pay, the labor administrative department may also give the employer a warning and other administrative sanctions. The responsibilities arising from labor contracts are only civil responsibilities-breach of contract and tort liability, and there is no administrative responsibility.

　　(10) Disputes are handled in different ways. After a labor contract dispute occurs, it should be submitted to the labor arbitration committee of the labor organ for arbitration first, and those who refuse to accept it can only bring a lawsuit in the people’s court within the statutory period. Labor arbitration is the pre-procedure; However, disputes over labor contracts can be litigated or settled through consultation between both parties.

　　2, the difference between labor contract and employment contract.

　　The labor contract developed from the employment contract, which is not much different in essence, but very similar. Labor relations are the social labor relations between workers and their units in the process of realizing social labor, and the objects of standardization are the proposal and acceptance of labor services. However, under the circumstances that China’s actual population is large and employment cannot be fully realized, the norms, adjustments and legal consequences of the two contracts are completely different. The main difference is [18]:

　　(1) The history of the two is different. The employment contract has a long history. Since the existence of slave social exploitation, there has been an employment relationship in human labor relations, and with the need of labor exchange, the employment contract has gradually emerged. The labor contract was developed on the basis of the employment contract in the 17th century when the capitalist commodity economy was relatively developed.

　　(2) Different in nature. An employment contract is a contract in which the employee provides services for the employer; A labor contract is a labor contract that determines the labor relationship between the employer and the employee.

　　(3) the purpose is different. The purpose of an employment contract is to supply labor services, which is centered on the employer’s "ownership" of the laborer and the "domination" of the laborer, while the labor contract is centered on the laborer who provides labor services [19], aiming at the laborer becoming an internal member of the employer.

　　(4) The degree of state intervention is different. The employment contract is more about the mutual agreement of the parties and the result of the parties’ consensus, and the degree of state intervention is less; However, the labor contract more embodies the state’s intervention in the contract between the parties, and makes special provisions on the procedures for concluding the contract, the obligations of the employer, working conditions, labor protection, minimum wage, termination of the contract, etc., mainly focusing on the special protection of workers.

　　(5) The subject and its relationship are different. In a labor contract, one party is a laborer and the other party is an employer, both of which belong to legal persons or social organizations, and their scope of application is limited to the employment of the unit. After becoming an internal member of the employer, the employee must undertake certain types of work or duties, and there is a "special subordinate relationship" between the employee and the employer, and the employee’s work must be "subordinate to the employer [20]". The employment contract can be that one party is a citizen and the other party is a unit, or both parties are citizens, and the employee does not become a member of the employer. Employment provides a wide range of services, and all services adjusted by law can be applied to employment contracts.

　　(6) Different legal adjustments. The labor contract is regulated by the labor law and the labor contract law; Employment contract should belong to civil law adjustment. At present, China’s contract law has not made clear provisions on it, and it is governed by the general principles of civil law and contract law.

　　(7) The procedures for handling disputes are different. When there is a dispute over a labor contract, the judicial organ can only intervene after the arbitration pre-procedure. The dispute should be handled in accordance with the provisions of the Labor Law and the Labor Contract Law, and the arbitration institution or court can judge the employer to continue to perform the labor contract. Similarly, the termination of the contract should follow certain legal procedures. When there is a dispute over the employment contract, the court can directly accept it and apply the provisions of the civil law; There is no special procedure for dissolution, and both parties can dissolve the employment relationship at any time.

　　3, the difference between labor contract and contract.

　　A contract is a contract in which the contractor completes the work, delivers the work and delivers the work results according to the requirements of the customizer, and the customizer pays the remuneration [21].

　　Labor contract and contract are both contracts aimed at providing services, but there are essential differences [22]:

　　(1) the purpose of a labor contract is to provide labor services, and its object lies in the labor itself; Contract is the completion of a certain work, although it involves labor, but its purpose is not labor itself, but labor results, and labor itself is only a means to obtain its results.

　　(2) in the labor contract, regardless of whether the labor has any results, you can get paid; If the contract is fruitless, you can’t get paid.

　　(3) In the labor contract, the laborer needs to obey the arrangement of the other party when providing labor services, and his work has some subordination; In the contract, the contractor’s work is independent.

　　(4) In the labor contract, when the laborer infringes upon the rights of others due to the performance of his duties, his responsibility is usually borne by the unit first. If the laborer is at fault, he will bear the responsibility according to the size of his fault; However, the contractor’s liability for damages caused by tort in the process of contracting is usually borne by the direct contractor.

　　(5) The labor contract reflects the contractual relationship between the employer and the employee, which takes labor remuneration and labor welfare as the core; The contract reflects the contractual relationship between two equal civil subjects, one of which provides the other with work results.

　　4, the difference between the employment contract and the contract.

　　The employment contract and the contracting contract both take labor as the payment object [23]. But there are obvious differences between them, mainly in the following aspects:

　　(1) Pay attention to different services. In the employment contract, the employee only works for a certain purpose, that is, taking the labor service orally for a certain period of time, focusing on the process of labor service payment; The contract is the result that the contractor needs to pay for certain services, and the result of service, that is, the transfer of ownership of work results, is the main content of the contract, and there is an inseparable relationship between labor payment and work results, focusing on labor payment.

　　(2) When signing the contract, both parties have different starting points. In employment contracts, employers generally choose employees based on whether their labor skills are suitable for their own requirements, and employees conclude employment contracts based on whether their labor remuneration meets their own requirements; In the contract, the ordering party selects the contractor on the basis of the contractor’s skills, production equipment or production scale, reputation and other conditions, while the contractor concludes the contract on the basis of whether his own skills or existing conditions can complete the work and obtain benefits.

　　(3) in the employment contract, the employee’s labor payment is a kind of "subordinate labor", including economic and personality subordination. The employee has no independent choice on how to arrange the work, and the employer can interfere with the employee’s work at any time; The contractor’s labor service payment is "independent labor", and the ordering party and the contractor have equal status from beginning to end. The contractor has complete autonomy in how to arrange the work, and the ordering party has no right to interfere.

　　(4) The determination of remuneration is different from payment. In the employment relationship, the determination of remuneration is based on the price of market labor combined with the corresponding industry standards. Once the remuneration is determined, employees can generally obtain a stable amount of remuneration for a long time, and there is no risk of loss; The labor remuneration of the contract is determined based on its own skills or production scale, the price of raw materials, etc. Moreover, the contractor has to bear the risk of potential losses. At the same time, generally speaking, the employee’s salary under an employment contract is hourly wage, and the contractor’s remuneration is piecework remuneration. The employment contract is based on the principle of the existence of a certain period of time, while the contract is based on the one-time payment.

　　(5) Whether contractual obligations can be transferred is different. The subject matter of liabilities in the principle of employment contract is the type contract; Employees under employment contracts can transfer their labor obligations to others; The contract is a specific labor service, and the contractor may not entrust the contracted work to a third person for completion.

　　(6) Different risk burdens. In the employment contract, the employer shall be responsible for the risks arising from the employee’s completion of the work, such as the loss caused by the employee’s injury, the damage to others, and the work that does not meet the quality requirements. In the contract of contract, the contractor shall bear the risk liability, unless it is caused by the employee’s intention or gross negligence, and the ordering party is not involved.

　　(7) Whether you can enjoy the right of disposition is different. Although the employer of an employment contract bears the risk of loss for his employees’ work mistakes, he enjoys certain punishment rights for employees, such as deducting certain bonuses, wages, warnings, admonitions, etc. When employees are punished, they generally cannot be relieved through judicial procedures; The ordering party of the contract has no right to dispose of the contractor, if the quality is unqualified. In case of delayed delivery, the ordering party can only investigate the contractor’s liability for breach of contract according to the provisions of the contract. If no agreement can be reached, it can be settled through arbitration or litigation.

　　IV. Concluding remarks

　　Through the analysis of the essential characteristics of labor contract and labor contract, we basically have a more comprehensive understanding of them, especially through the comparison between labor contract and labor contract, employment contract and contract, and distinguish the differences between labor contract and labor contract more clearly, which is of great practical significance for the correct application of law in handling disputes in the judiciary.

　　Notes:

　　[1] Huang Yueqin: "New Theory of Labor Law", China University of Political Science and Law Press, April 2003, p. 133.

　　[2] Dictionary of Law: edited by Institute of Law, Chinese Academy of Social Sciences, Law Press, December 2002, p. 840.

　　[3] Guo Jie waiting: "Labor Law", China University of Political Science and Law Press, April 1998, p. 114.

　　[4] Li Jingsen, Jia Junling: "Labor Law", Peking University Publishing House, January 2002 edition, p. 68.

　　[5] edited by Tang Shulao and Si Longsheng: A Complete Book of Labor Law Practice, China Workers Publishing House, 1994, p. 342.

　　[6] Same as [3].

　　[7] edited by Tang Shulao and Si Longsheng: A Complete Book of Labor Law Practice, China Workers Publishing House, 1994, p. 344.

　　[8] Guo Jie et al. Labor Law: China University of Political Science and Law Press, April 1998, p. 115.

　　[9] Peng Wanlin: Civil Law, China University of Political Science and Law Press, July 1996, p. 13.

　　[10]’ Dictionary of Law’: Institute of Law, Chinese Academy of Social Sciences, Law Press, December 2002, p. 847.

　　[11] Zhang Junhao: Civil Law, China University of Political Science and Law Press, March 1998, p. 753.

　　[12] Kou Zhixin: Civil Law, Shaanxi People’s Publishing House, 1998, p. 791-844.

　　[13] Same as [12].

　　[14] Huang yueqin: "new theory of labor law", China university of political science and law press, April 2003 edition, p. 86.

　　[15] Same as [11].

　　[16] Same as [1].

　　[17] Shi Shangkuan: On Debt Law, China University of Political Science and Law Press, 2000, p. 294.

　　[18] Kou Zhixin: "Civil Law", Shaanxi People’s Publishing House, 1998, p. 833.

　　[19] Huang yueqin: "new theory of labor law", China university of political science and law press, April 2003 edition, p. 33.

　　[20] Same as 1.

　　[21] Li Guoguang: Interpretation and Application of Contract Law (Volume II), Xinhua Publishing House, 1999, p. 1195.

　　[22] Li Guoguang: Interpretation and Application of Contract Law (Volume II), Xinhua Publishing House, 1999, pp. 1197-1198.

　　[23] with [1]

　　Author: People’s Court of Shicheng County, Jiangxi Province

　　　　　　 CCTV News:The Central Meteorological Observatory continues to issue a typhoon blue warning. It is expected that the 14th typhoon Capricorn will land in Zhejiang this night, and there will be heavy rainfall in Zhejiang, Shanghai, Jiangsu, Anhui and other places.

　　　　　　 According to the monitoring of the Central Meteorological Observatory, Typhoon Capricorn on the 14th this year is about 455 kilometers southeast of Taizhou City, Zhejiang Province at 12 noon, and the maximum wind force near the center is 9. It is expected that Capricorn will continue to move to the northwest, and its intensity will be strengthened. It will land in the coastal area from Ruian to Xiangshan in Zhejiang Province this night.

　　　　　　 Zhang Ling, chief forecaster of the Central Meteorological Observatory: "Then it is estimated that the landing intensity is at tropical storm level or strong tropical storm level, that is, the intensity of 9 to 10. After landing, it will continue to move to the northwest, and the intensity will gradually weaken."

　　　　　　 Influenced by Typhoon Capricorn, there will be strong winds in the East China Sea and East China coastal areas today and tomorrow. The winds in the nearby sea areas or areas where Capricorn center passes are 10, and gusts can reach 11-12. The Central Meteorological Observatory continues to issue typhoon blue warnings.

　　　　　　 Under the influence of Capricorn, precipitation will mainly occur on the 12th to 14th, and the affected precipitation intervals are mainly in Zhejiang, Jiangsu, Anhui and Henan, including the western part of Shandong, where there will be heavy rains one after another, so there will be heavy rains to heavy rains in some areas.

　　　　　　 In addition, the center of the tropical depression in the South China Sea is still hovering in the offshore of western Guangdong, with a slight increase in intensity, which may strengthen into a typhoon within 24 hours, and will turn to the west after the 14th. The tropical depression in the South China Sea has brought heavy rainfall to the coast of South China for several days. Yesterday, there were heavy rains or heavy rains in southwestern Guangdong and northern Hainan Island, and heavy rains fell in Yangjiang, Maoming and Zhuhai in Guangdong.

　　　　　　 In the next three days, the tropical depression in the South China Sea will bring continuous heavy rain to the southern part of South China, and some areas may also have heavy rain to heavy rain. Because the rainfall in these places may last from the 11th to the 15th, this long-term heavy precipitation will increase the possibility of landslides and mudslides, so it is necessary to take special precautions against the adverse effects of some secondary disasters.

　　　　　　 In addition, Typhoon Lipi, the 15th this year, was generated on the northwest Pacific Ocean on the evening of August 11th. It is predicted that Lipi will move to the northwest, and it will have no impact on China’s waters in the next three days.

The 2018 North American opening year’s word-of-mouth masterpiece, directed by Alex Garland and starring Natalie Portman and jennifer jason leigh, will be released nationwide on April 13th. Today, the film exposed the "warning version" preview poster, reminding the audience to pay attention to the restricted content, which also received unanimous praise from both inside and outside the industry.

"Annihilation" is adapted from "The Lost South: Annihilation", the best novel in the "Xingyun Award". The story begins with an "X area" that inexplicably appeared in American territory three years ago. Kane (oscar isaac), a former exploration team member, produced a series of strange physiological reactions after returning from the "X area". In order to investigate this matter, Lena (Natalie Portman), a biologist’s wife, together with four other female scientists, formed the 12th expedition team to go deep into the "X area".

Female scientists have been dangerously upgraded by continuous mutation.

In the "Warning Edition" notice released this time, giant creatures such as crocodiles and brown bears mutated in the "X area" appeared one after another, and the breath was fierce, and the rhythm was compact and breathtaking. On the other hand, the characters are suspicious of each other and the friction escalates gradually. Natalie swept the gun under the crisis and played the ultimate game with invisible extraterrestrial life. The moment when her eyes changed color, it triggered various speculations about "whether Lena is still her original at this time."

In the "Warning Edition" poster released at the same time as the trailer, the distinctive R-level logo under the "X Area" totem made a warm reminder to the audience that "minors under 17 need to be accompanied by guardians".

"Promotion Law" gets a positive response first, caring tips to protect underage audiences.

As early as before Tomb-Sweeping Day, the publisher China Film Co., Ltd. issued a notice. The notice reminded cinemas and cinema companies that according to the Law of the People’s Republic of China on the Promotion of Film Industry and related regulations, the "Annihilation" should be marked in a prominent position at all ticket outlets, including the e-commerce platform: "Primary school students and preschool children should watch with their parents." "Annihilation" has also become another imported film that was asked to be marked with a movie reminder.

The "Notice" supported by the "Promotion Law" came first, and the "Warning Edition" materials officially released by Annihilation actively prompted the restricted content in the film on the basis of positive response to laws and regulations. This move is regarded as an important progress to promote the benign development of China film industry both inside and outside the industry: marking movie-watching tips is conducive to protecting underage audiences and establishing a green and healthy movie-watching environment.

　　On February 22nd, the Ministry of Human Resources and Social Security held a press conference to introduce the progress of human resources and social security in 2021.

　　Xie Yuan, deputy director of the Ethics Office of the Ministry of Human Resources and Social Security, said that from 2018 to 2021, the Ministry of Human Resources and Social Security deployed and implemented a three-year special campaign for ethics construction in the whole system, vigorously promoted the "clearing matters, reducing materials and pressing time limits" in the field of human resources and social security, and implemented two actions in depth, one was the quick action of human resources and social security services, and the other was the innovation and promotion action of information-based convenience services for human resources and social security, and comprehensively implemented the system of informing and promising proof matters and extensively carried out human resources and social security. This year, the Ministry of Human Resources and Social Security will, on the basis of consolidating the achievements already made, organize and implement actions to improve the work style, further highlight the problem orientation and effect orientation, pay more attention to the needs of the enterprise masses, take more targeted measures to continuously optimize the human and social services, and continuously enhance the sense of acquisition of the enterprise masses, focusing on four new measures:

　　First, based on letting the masses of enterprises know the policies at the first time, establish and improve the direct mechanism of policy measures. Letting the enterprise people know the policy is the key link to implement the policy. Starting from this year, the Ministry of Human Resources and Social Security will establish and improve the working mechanism of policies and measures directly reaching the masses of enterprises and grassroots units. For policies and measures that are closely related to the masses of enterprises, we will strive to be able to enter the enterprise, the community, the school and the hall in the first time after the introduction, and let the masses of enterprises know it in the first time, that is, the policy is introduced with "four advances and two understandings", which effectively reduces the situation that the masses of enterprises delay or miss enjoying the policy because of information asymmetry. At the same time, the Ministry of Human Resources and Social Security will continue to strengthen the interpretation of the "understandable and clear" policy treatment of human society, and help the enterprise people better understand the policy with easy-to-understand language, grounded language and more flexible and diverse ways.

　　The second is to deepen the integration reform of "one thing" based on letting the masses of enterprises apply for multi-event joint office. In 2020 and 2021, the Ministry of Human Resources and Social Security implemented the "Quick Action for People’s Social Services" for two consecutive years, and promoted 10 "one thing" packages such as enterprise start-up, enterprise recruitment, unemployment and retirement at 272 contact points. At present, the phased tasks have been completed. The masses of enterprises only need to go to a window or a platform to handle one thing in the human society department, and submit a set of materials to handle it. This year, we will continue to improve the online and offline processing channels, promote the packaging of 10 "one thing" in all cities, and at the same time, we will explore the introduction of more "one thing" in the eyes of enterprises, so as to achieve more integration of packaging matters, more streamlined certification materials, more standardized service processes, more optimized window platforms, and clearer work instructions. We will continue to strengthen communication and cooperation with relevant departments, and take the lead or cooperate with them to do a good job in cross-departmental integration of "one thing".

　　The third is to create a number of "model rooms" for high-quality services based on making the masses of enterprises do things faster and experience better. In 2021, the Ministry of Human Resources and Social Security carried out pilot work on the standardization of basic public services in the field of human society in seven provinces including Jilin, Zhejiang, Sichuan, Yunnan, Hubei, Hainan and Chongqing. This year, seven provinces will be guided to take the pilot project as an opportunity to coordinate the needs of the masses of enterprises to do things in a packaged way, speed up, simplify and cross-provincial way, speed up the formulation of a number of advanced and exemplary local standard systems in terms of work procedures, work guidelines, service places, service norms, risk prevention and control, and launch a number of matters that are handled without application, handled on a full-time basis, uncertified and speeded up again, so as to make services better and more efficient. In addition to these seven pilot provinces, more places will be encouraged to actively explore and launch more models of high-quality social services.

　　Fourth, it is based on making the masses of enterprises nearby and doing more, and creating a service circle for people, society and convenience. People’s social services have a wide range, many matters and high frequency, and the demand of enterprises for "doing things nearby and doing more things" is more urgent. To this end, the Ministry of Human Resources and Social Security insists on grasping both hands, grasping the construction of the window of the Good Society itself, and constantly providing quality services to the masses; Grasp the expansion of service outlets and extend the reach of human society services to the masses of enterprises. This year, we will further rationally expand service outlets such as banks, postal services, supply and marketing cooperatives and grassroots platforms, promote the sinking of high-frequency services such as social security cards, insurance registration and unemployment registration, and continuously extend the reach of human and social services. At the same time, these outlets will also be included in the electronic map of government services of people’s society under construction, and dynamic adjustments will be made in time to ensure that offline locations can be found accurately and nearby, and online websites can be easily linked. For special groups such as the elderly, services such as green channel, full-time agency and appointment processing will also be fully implemented. For groups with limited mobility, we will actively provide on-site services by relying on grassroots agencies. Before the end of this year, efforts should be made to build a people’s social convenience service circle with a 15-minute walk in urban areas and a 5-kilometer radiation in rural areas.

　　Recently, Chongqing and other places have suffered from heavy rainfall, and some rivers have flooded beyond the police, causing geological disasters such as flash floods and mudslides.

　　At present, the whole country is about to enter the critical period of flood control, and seven river basins will enter the main flood season in an all-round way. The Yangtze River, Huaihe River, Taihu Lake and Songliao River basins are at risk of flood disasters, and the flood control situation is grim. All localities and departments have great pressure on flood control and flood resistance. We should pay close attention to the development of rain and flood conditions, make comprehensive preparations for flood control and flood resistance, continuously improve the ability of disaster prevention, mitigation and relief, and ensure safe flood control and foolproof.

　　To do a good job in flood control and disaster relief, we must always put the safety of people’s lives and property first. All localities and departments should always tighten the string of preventing major floods, grabbing major risks and saving major disasters, and cannot relax at all. Past experience shows that leading cadres at all levels should take the lead, command from the front, proceed from the interests of the people in thought and action, "run" before the flood and "think" before the disaster, and implement responsibility and interlocking measures layer by layer, grasping the common, the detailed and the long, so as to minimize losses.

　　To do a good job in flood control and disaster relief, we must take precautions and prevent problems before they happen. The first priority of flood control and disaster relief lies in "prevention", which is unpredictable, unpredictable, ineffective and lax. China has a vast geography and complicated geological conditions. This requires that we should not only rely on experience to do a good job in flood control and disaster relief, but also scientifically adapt to changes and take the initiative to make use of scientific strength to fight the flood control initiative. From strengthening forecasting, early warning, rehearsal and pre-planning, to using digital and intelligent means to enhance the ability of risk prevention and control & HELIP; … All localities and departments should pay close attention to key areas and key links, adhere to the bottom line thinking with the sense of responsibility of "always worrying", and prefer to be prepared without flood, rather than "ten precautions and nine empty" than "nothing at all". Facts have proved that the more detailed and comprehensive the preparation, the more calm the flood comes, and the more determined the measures can be to deal with the uncertainty of the flood.

　　To do a good job in flood control and disaster relief, we must ensure that all measures are implemented in detail. Flood control and disaster relief is a major event, which is composed of monitoring and early warning, reservoir investigation, emergency rescue, personnel dispatch, post-disaster reconstruction and many other details. All localities should highlight the problem orientation and result orientation, adhere to the principle of being strict and meticulous, and ensure that all measures are implemented at the end. On the one hand, relevant departments should strengthen overall planning and coordination, strengthen consultation and judgment, do a good job in monitoring and early warning, strengthen rain and water forecasting and early warning, and accurately guide key areas to do disaster prevention work such as floods in small and medium-sized rivers, dangers in small and medium-sized reservoirs and urban waterlogging. On the other hand, highlight the key points of defense and conduct a major investigation of hidden dangers. Strengthen the safety inspection of dikes, reservoirs and dangerous areas of geological disasters caused by mountain torrents, formulate plans in time, do a good job in personnel avoidance, and do a good job in the transfer and evacuation of people in dangerous areas such as low-lying areas along the river, flood storage and detention areas, and key dikes in advance to ensure that they should turn early, leaving no one behind and no one missing.

　　To do a good job in flood control and disaster relief, we must guard against secondary disasters and prevent them from returning to poverty due to disasters and "a major epidemic after a major disaster." All localities and departments should properly resettle the lives of the affected people, increase the investment of disaster relief funds and materials, and ensure the service guarantee of centralized resettlement sites to ensure that the affected people eat hot meals, drink clean water, have safe shelter and medical security. Party member cadres should give full play to the vanguard and exemplary role of party member, unite and lead the affected people to actively carry out production self-help, restore production and living order as soon as possible, and strive to win a comprehensive victory in flood control and disaster relief work.

　　Flood control and disaster relief work is related to people’s safety, social stability and overall development. It is a big war and a big test. Let’s unite as one, guard against death and unite as one, and we will surely win this tough battle, protect the rivers and An Lan, and keep the people safe.

　　Beijing, September 10 (Reporter Sun Ying) According to the Voice of China report, on the morning of September 8, the Office of the Central Committee for Governing the Country in an All-round Way according to Law held a spiritual expert forum to study the important speech made by General Secretary of the Supreme Leader at the first meeting of the Central Committee for Governing the Country in an All-round Way according to Law. Legal experts and scholars attending the meeting talked about their experience in studying the spirit of the important speech of General Secretary of the Supreme Leader.

　　The first plenary session of the Central Committee for Governing the Country in an All-round Way according to Law formally put forward the proposition of "new ideas, new ideas and new strategies for governing the country in an all-round way according to law". Zhang Wenxian, vice president of china law society, believes that "new ideas" can be summarized by these key words — — The party leads the rule of law; People’s subject; Good law and good governance; A powerful country in France. Zhang Wenxian said that General Secretary of the Supreme Leader has repeatedly quoted the Legalist classic that "those who serve the law are strong, and those who serve the law are weak, and the country is weak", and has deeply analyzed the experience and lessons on the rule of law for many times, guiding the whole party and the people of the whole country to unswervingly follow the road of strengthening the country by serving the law, and giving full play to the leading and normative role of the rule of law in economic development, political clarity, cultural prosperity, social justice, good ecology, and national peace and security.

　　Fu Zitang, a professor at Southwest University of Political Science and Law, analyzed in his speech that the party’s leadership must be strengthened to govern the country in an all-round way according to law, and the relationship between the party and the rule of law is the core issue of the rule of law. He said: "General Secretary of the Supreme Leader pointed out that ‘ The relationship between the party and the law is a fundamental problem. If it is handled well, the rule of law, the party and the country will flourish. If it is not handled well, the rule of law, the party and the country will decline ’ . The leadership of the party is consistent with the rule of law. The socialist rule of law must uphold the leadership of the party, and the leadership of the party must rely on the socialist rule of law. "

　　It is the core work and key task of the Central Committee for Governing the Country by Law to study and formulate the construction plan of China ruled by law. Wang Liming, a professor at Renmin University of China, analyzed: "Through this plan, we can ensure that the CPC Central Committee takes the overall situation and coordinates all parties, form a top-level design of rule of law construction, and eliminate the adverse effects of departmental interests, local interests and other interest groups in rule of law construction, and avoid the imbalance in rule of law construction. As Shenzi said: ‘ Dharma practitioners are not from the world, not from the ground, but from the world, which is in line with people’s hearts. ’ Only the rule of law construction plan that reflects the people’s dominant position and reflects the needs of the people is a scientific and reasonable plan. "

　　The General Secretary of the Supreme Leader pointed out: "It is necessary to promote the socialist core values to run through all aspects of legislation, law enforcement, justice and law-abiding, so that the socialist rule of law can become good law and good governance." Zhuo Zeyuan, a professor at the Central Party School (National School of Administration), analyzed that the embodiment of core values in legislation should be transformed into norms of entities and procedures, not simple principles. Zhuo Zeyuan said: "Tell people and society what is good and what is bad;" What is right and what is wrong; What is advocated by law and what is opposed by law; What is legal and what is illegal; What is just and what is unjust should be expressed through legislation. "

　　Governing the country according to law in an all-round way is a broad and profound revolution in the field of state governance, which will inevitably lead to many adjustments in the state governance system and governance structure. Ma Huaide, a professor at China University of Political Science and Law, suggested that the Central Office of Governing the Country according to Law should focus on three tasks: First, the Office of Governing the Country according to Law should strengthen supervision and assessment; The second is to strengthen the evaluation and construct a scientific index system of governing the country according to law; The third is incentive and accountability.

　　Since the reform and opening up, China’s law education has made great progress. According to incomplete statistics, China’s universities have set up 627 undergraduate programs in law, 197 authorized programs for master’s degrees in first-class disciplines in law, 243 authorized programs for master’s degrees in law and 50 authorized programs for doctoral degrees in first-class disciplines in law. Many experts expressed their views on how to give full play to the basic and leading role of legal education in comprehensively governing the country according to law, and improve the level of legal education and the quality of training talents under the rule of law.

　　Chun Wong, a professor at China University of Political Science and Law, analyzed: "Under the background of such a large scale and quantity of legal education, it is particularly important to strengthen the quality of training talents under the rule of law, because training and bringing up a group of outstanding talents under the rule of law who are familiar with and adhere to the rule of law system in Socialism with Chinese characteristics is an important guarantee for comprehensively promoting the rule of law."

　　A 29-year-old Burmese man was arrested for graffiti in a national park in Japan (photo from NHK News, Japan)

　　Overseas networkFebruary 22 nd In January, the famous landscape "Tree Ice" on Bajiatian Mountain in Aomori Prefecture, Japan was painted with pink fluorescent paint by tourists, leaving "Happy Birthday" sprayed in English and Chinese on the scene. On the 22nd, Japanese police arrested a 29-year-old Burmese man living in Tokyo for "the crime of obstruction of powerful business". The man admitted that he did it because he wanted to surprise his girlfriend. Previously, some netizens who didn’t know the truth pointed their finger at "China couple".

　　According to Japan’s NHK News and Asahi Shimbun, on the 14th of last month (January), near the Peak Park Station of Bajiatianshan Cableway in Aomori Prefecture, Japan, the famous landscape "Tree Ice" and its surroundings were found with a large number of pink fluorescent paint graffiti.

　　The Japanese police conducted a search through eyewitness information and found that a Myanmar man (29 years old) living in Shinjuku, Tokyo was suspected. On the 22nd, the Japanese police arrested the Burmese man for "the crime of obstruction of power business" because the use of fluorescent paint graffiti hindered the business of the ropeway company.

　　According to the Japanese police, at that time, the Burmese man and his lover came here for the purpose of skiing. In the face of the investigation, the man admitted, "I wanted to make my girlfriend happy and give her a surprise before I did it." The police are currently conducting a more detailed investigation.

　　It is understood that at that time, two trees were painted with pink fluorescent spray paint in the area of about 50 square meters in the ice and surrounding snow, and "HAPPY BIRTHDAY" and "Happy Birthday" were written in English and Chinese respectively, in addition to some unclear letters. A Japanese skier said that a couple who graffiti can speak Chinese, English and Japanese. Although they were discouraged by others, they did not stop, so they reported the matter to the ropeway company.

　　The search cadre said, "Graffiti in the national park has had a (negative) impact on society, so I decided to arrest it."

　　The Bajiatian Mountain System, which spans Aomori City and Shihada City, Japan, and most areas, including the Shiraiping National Park in Shihada, have been designated as special protected areas with strict control, and the local authorities have called for strengthening the protection of the landscape.

　　Previously, because the spray words were in Chinese, some netizens who didn’t know the truth pointed the finger at the "China couple" directly, and therefore angered Chinese for "poor quality" and "don’t come to Japan again", which made China tourists "lie down" innocently. Of course, but some netizens are skeptical, thinking that they can use Chinese and can’t tell which country the inkjet printer comes from. (Compile/Overseas Network Gong Hao)

On the opening day of Meng Hua Lu, Ada published a letter to Sun Sanniang, the character in the play, in Weibo, with his own reading belief. This letter is addressed to Sun Sanniang, who confides in her like a friend she hasn’t seen for a long time, praises her tenacity and kindness, and shares her recent life with her. But this letter seems to be addressed to Ada herself. She told herself not to bow to other people’s comments easily, but to firmly follow the road of life that she wanted.

From bit part, whose acting is a little immature in The Painted Skin, to Yue Miaomiao, the anchor of online celebrity in The Beneficiary, who won the best actress in the film festival, to Sun Sanniang, who impressed the audience recently because of the hit of Meng Hua Lu, Ada, who was an actor across the border by the host, stumbled forward and experienced many difficulties all the way. However, she has always been as resolute and brave as San Niang. In the face of doubt and criticism, she persisted in her dream and tore off the label of "sexy" step by step, revealing the amazing side of "actress" Ada.

Interview with Ada (Part I):Be grateful for the "sexy" label, and you will be positive when you encounter unfriendly voices in your life.

Tough cattail and soft moss

Comfortable, natural and true, this is the evaluation of Ada’s performance by many audiences after watching Dream of China. Sun Sanniang, who looks dashing and dashing in the play, seems to be a far cry from Ada in people’s impression.

　

Sun Sanniang in the play is a straightforward and decisive person with a delicate mind. She knows life, is grounded and empathetic, and is always the first to notice the emotional changes of her sisters around her. Coupled with her superb cooking skills, she exudes a soothing fireworks atmosphere. Outside the play, Ada was once described by moss. After losing the star’s "coat", she was just like an ordinary girl next door, soft and full of vitality.

　

In an interview, Ada mentioned that she and Liu Yifei and Jelly Lin are intimate friends in private. Everyone will share food, beauty and all kinds of good things in life together, and they will talk about almost everything together. Her past hosting career has made her more sensitive and careful. When talking and interacting with others, she can always take care of everyone’s feelings. In life, Ada’s cooking skills are no less than those of San Niang, and friends around her all say that she is good at cooking. Through the filming of Dream of China, she also learned to carve flowers, knead dough and cook delicious food. As an ordinary person, Ada also has delicacy and truth that people don’t understand.

　

However, Sun Sanniang is also a soft-hearted person. She is brave, strong and independent, and dares to do anything for her friends. Even though I encountered all kinds of grievances and injustices, I still didn’t give up my life. In ancient times, when the status of women was humble, she struggled with her own hands and never gave in to her fate. From this aspect, it seems that Ada, who drifted northward, and Sun Sanniang, who drifted bianjing, have a wonderful similarity.

　

"When you go from a small place to a bigger city, the interpersonal network will become more complicated, there will be more and more talented people, and the competitive pressure will become greater. Therefore, you should not only have IQ online, EQ online, but also adversity quotient online, "Ada sighed." And there is no one around to be caring and attentive during the holidays, which may bring you psychological pressure and emotional changes. I can actually understand this mood. "

　

Being a host is Ada’s first job after she started drifting north, and that’s what she always wanted to do. She was born in a non-professional class, and she made a thousand times more efforts than others. Learn relevant professional knowledge, test Putonghua and host certificate, and strive to meet the industry standards. At that time, Ada was just like "Desperate for Three Mothers". In order to save money and time, sometimes she only took off half of her makeup when she went home. The mobile phone doesn’t turn off for 24 hours, more than a dozen programs turn around, and I wear high heels until my feet swell. But even so, she will still encounter all kinds of situations of being denied, criticized and replaced. The sense of crisis abandoned by the industry has defeated her self-confidence countless times.

　

Later, it was a new adventure to transform from a host to an actor. At first, she played a supporting role or guest appearance in various film and television works. In the past few years, she still has no representative work of her own. When the audience mentioned her, it was always difficult to equate her with the actress. It was not until she co-starred with Dapeng in the film The Beneficiary that she was nominated for the Best Actress in the 33rd Golden Rooster Award of China Film, and included the nominations and awards of the 11th Macau International Film Festival, the 5th China-Canada International Film Festival and other film festivals, so that more people could see the shining point of Ada as an actor.

　

The director of the movie Beneficiary’s bid for the Olympic Games once described Ada as "burning weeds" and "invincible Xiaoqiang". Along the way, Ada seems to have been challenging what she is not good at, but she is strong, hardworking and unyielding, with unique tenacity like Pucao, like Yue Miaomiao and Sun Sanniang. "I think people can turn over," Ada said firmly. "You must grit your teeth and try to be a better yourself, so that at least when you leave, you won’t regret it."

　Live in harmony with sex appeal　

For a long time in the past, Ada seemed to be firmly tied to the word "sexy".

　

In 2011, when Ada attended the Hong Kong premiere of the movie "Painting the Wall", she was dressed in a black tight-fitting low-cut dress, which attracted and occupied almost all the shots and pages at that time. The sexy and bright dress has brought her unprecedented exposure and topicality, and also enabled her and the team to find a new breakthrough in the future.

　

In fact, before this, Ada had accumulated a lot of popularity by hosting, but she was still confused about her future. Those popularity didn’t bring her any substantial changes. She couldn’t advance to the top position in the field of hosting, and she had no money and no hope.

　

In the cruel entertainment circle, Ada knows that opportunities are hard to come by. For her, any tiny opportunity may become a turning point to change her life. Therefore, as an opportunist, she resolutely seized the opportunity of being sexy, began to attend some occasions with publicity needs in a relatively sexy dress, and also accepted various magazine covers and charming and sexy film and television role invitations, even if it was only a short appearance. With the sexy label, Ada got more and more people’s recognition and attention, and she really became popular as she expected.

But in a sexy way, perhaps even Ada himself had never thought of it. To the people around her, she is actually a traditional and conservative person. In an interview, Ada’s agent recalled that the suspender top or skirt she wore when she hosted the program earlier, the shoulder strap must be more than three fingers wide, and the low-cut clothes would even try to sew.

　

It is such a person who seems to be out of place with sexy, and has been deeply linked with this label since then. Recalling his feelings when he first got this label, the first word Ada mentioned was "gratitude". "It seems like a gift to me, a pleasant surprise. Because I know myself too well, I am really not a sexy person, so when I found out that I can be sexy, I was actually very surprised. "

　

However, in this world, popularity is always accompanied by arguments. This weapon, named "Sexy", follows Ada in breaking waves, and sometimes it will inevitably hurt itself. After gaining traffic and attention by virtue of sex appeal, many unwarranted speculations and public opinion attacks also swarmed from all directions. Some people say that Ada is scheming and ambitious, some people satirize that she can only borrow her chest to get ahead, and all kinds of strangers insult and abuse her under her Weibo.

　

Maybe you can’t be completely indifferent, but these negative remarks have never defeated Ada. She used her own way to block unfriendly voices from the outside world, and sometimes even confronted them. She stumbled all the way forward, and never thought of leaving in the face of no matter how big the difficulties, because in her heart, she gained far more than she lost.

　

But she gets confused occasionally. "After I have played some sexy roles, the industry will have some stereotypes about me. When I try to win other roles, the other party will directly say that you are not suitable for this character." Sexy is like a fence built invisibly, which limits her way.

　

Fortunately, all this is slowly changing. In Ada’s view, from "Beneficiary" to "Dream of China" are the best proof of people’s impression change on her. Especially in Meng Hua Lu, there are actually many sexy and glamorous female roles, but the director and casting team gave her the role of Sun Sanniang, which was pungent and energetic, and her final performance also made more people see Ada’s versatility and plasticity as an actor.

　

Today, Ada describes himself as living in harmony with the label "sexy". She still doesn’t reject it, but in her life, this word no longer represents all of her. "I want to rank this label second and third for the time being. When I am 7 or 80 years old, I may rank it first again, because I really like it."

　Be the one who works hardest.　

Recently, in a discussion post about Dream of China in Douban, someone specifically mentioned Ada’s acting skills. It is said that under the lens of most directors, she seems to be playing the role of "edge ball". However, she was clearly nominated for the Golden Rooster Award, and she was an actress with solid lines and excellent acting skills. This time, in Dream of China, director Yang Yang didn’t dispute the consumption of Ada, let alone waste her acting skills.

　

In fact, looking back at Liu Yangang’s works when she was in contact with the performance, it is not difficult to see that she is immature and green. At that time, she crossed into the actor industry from the host. Without professional study, she could only explore slowly by herself. Based on her previous professional habits, she always cared about the fluency and accuracy of her lines at first, but that was often not the most real and natural expression. As a "novice", she is afraid of being scolded by the director and dragging the back of the same group of actors, and she is always trembling.

　

"But I think performance is a process of slow enlightenment." In terms of performance, Ada paid enough patience and efforts. She firmly grasped every opportunity, whether it was supporting role, guest appearance or wannabe who played soy sauce, every role was an opportunity for her to temper and grow.

　

In 2017, Ada participated in the performance competition program "The Birth of an Actor" and performed on the same stage with many professional actors. Although there is no reward and there is no guarantee of promotion, it is a rare opportunity for her to learn and prove herself. She accepted all the praises and criticisms from her mentor, and turned them into the motivation of the actress. Ada said sincerely in the program, "I am not the most talented actor, but I want to be the one who works hardest."

　

With the study and accumulation bit by bit, Ada began to deeply understand why performance comes from life, and gradually found a more real and natural performance rhythm and way. She mentioned in the interview that acting is actually not the key, and there is no need to "experience" the role at a certain point in time. As an actor, the best state is to "become" that character and become one with her while staying relaxed and immersed.

Interview with Ada (Part II):I made a dream of China and got a delicious meal. I didn’t have appearance anxiety but I had time anxiety.

Compared with before, Ada has received more and more scripts and role invitations, among which there are also many important roles and female number one. "I don’t really care about the multiple scenes of the role, and I don’t have a special role to challenge. I just hope to cooperate with excellent teams, excellent actors and directors to increase the value of my performance, and I can learn a lot, just like Dream of China, otherwise it is difficult for actors to grow up quickly in this industry." Talking about this, Ada showed his long-lost excitement and desire for expression. "If an actor meets a good role, he will have a great desire to create, and that feeling is like winning the lottery. This is something that can be met but not sought."

　

Ada has been in the business for more than twenty years. The growth of age did not make her anxious about her figure and appearance, but made her more calm than before. From the beginning, I crossed the river by feeling the stones without confidence and confidence, to learning and growing slowly, turning failure into motivation, and finally being recognized by the host and acting skills. The industry and the audience gave her space and time to grow up. Like the three ladies in Dream of China, she tried her best to win hard-won opportunities and change her destiny with her own strength.

　

"On the whole, I’m satisfied with my career and life," Ada said of myself so far. "I’m more appreciative of Ada himself.

Written by Wang Xuening

—　THE

　　At 9: 00 on June 23, with the Xiaolangdi Reservoir discharging at a flow rate of 2,600 cubic meters per second, it marked the official start of the Yellow River water and sediment regulation in 2025.

　　On July 1st, the Yellow River will officially enter the main flood season. According to the regulations, the water level of the relevant reservoirs should be reduced to the flood limit level to make room for flood control. According to the principle of safety, controllability and overall consideration, combined with the requirements of drought resistance in the lower reaches of the Yellow River and flood prevention in the middle reaches of the Yellow River, and firmly grasping the "bull’s nose" of regulating the relationship between water and sediment, the Yellow River Water Resources Commission decided to start the implementation of water and sediment regulation in the Yellow River in 2025 by jointly dispatching Wanjiazhai, Sanmenxia and Xiaolangdi reservoirs from June 23, so as to scientifically regulate the relationship between water and sediment.

　　According to the inflow of water from the middle reaches of the Yellow River and the water storage situation of the reservoir, in order to enhance the follow-up power of water and sediment regulation in Xiaolangdi Reservoir, give full play to the water storage benefits above the limited water level of the reservoir in flood season, and minimize the impact on aquatic organisms and their habitats, this water and sediment regulation will last for about 17 days in combination with years of practical experience in water and sediment regulation, and comprehensively consider the objectives of drought resistance, irrigation and supply protection, reservoir dredging for flood season, river siltation reduction, and estuary ecological water replenishment. During the period, the joint dispatching mode of Wanjiazhai, Sanmenxia and Xiaolangdi reservoirs, with cameras of Luhun, Guxian and Hekoucun reservoirs as the tributaries, was adopted, and the maximum discharge of Xiaolangdi Reservoir was controlled at Huayuankou Hydrological Station of about 4,600 cubic meters per second. Considering the sediment discharge and siltation reduction of the reservoir and the aquatic organisms and their habitat ecology in the downstream river, the peak sediment concentration at Huayuankou Hydrological Station should be controlled not to exceed 359 kg/m3.

　　Since the beginning of this year, faced with the grim situation of drought in many provinces (regions) in the Yellow River Basin, the Yellow River Committee has thoroughly implemented the spirit of the important instructions of the Supreme Leader General Secretary on flood control and drought relief, conscientiously implemented the work deployment of the Ministry of Water Resources, made drought relief and irrigation and supply the first priority, paid close attention to the development of drought in the basin, scientifically dispatched key reservoirs in the basin, and accurately matched the domestic water demand of urban and rural areas in the basin with the irrigation demand of irrigation areas. It has launched emergency response five times, with a total water supply of 13.5 billion cubic meters, providing a strong water resource guarantee for ensuring water supply security and food security

　　Regulating water and sediment in the Yellow River is one of the important means to adjust the relationship between water and sediment in the Yellow River. Since 2002, on the basis of a lot of scientific research and experiments, the Yellow River Committee has seized the possible opportunity to continuously carry out water and sediment regulation in the Yellow River. The Yellow River water and sediment regulation will strive to achieve a win-win goal: to meet the needs of downstream irrigation and supply, and to ensure the safety of drought-resistant water use in the later period; Maintain the middle water channel in the lower reaches of the Yellow River; Realize the sediment discharge and siltation reduction of the reservoir, optimize the siltation form of the reservoir, and minimize the impact on aquatic organisms and their habitats; Implementing ecological regulation of the Yellow River and ecological water replenishment in the delta; Further explore the law of sediment transport in reservoirs, downstream rivers and estuaries.

　　The Yellow River water and sediment transfer has a large flow and a long duration. The Yellow River Committee attached great importance to it, strengthened organization and leadership, scientifically formulated plans, and made arrangements in advance. On June 15th, it sent advance notices to the management units of Shanxi, Shaanxi, Henan and Shandong provinces, the River Affairs Bureau, the Sanmenxia reservoir area, and the relevant reservoirs and power grid management units to inform the relevant situation, and to the organization and leadership, hydrological monitoring and forecasting, reservoir operation, risk investigation and emergency rescue, and wading safety.

　　During the Yellow River water and sediment transfer period, the Yellow River Committee will pay close attention to the weather situation changes, timely analyze the water and rain conditions, strengthen emergency duty and flood control consultation, strengthen real-time reservoir dispatching, strengthen project inspection and defense, ensure the smooth progress of water and sediment transfer, and ensure the safety of personnel and projects.