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　　Guangzhou Daily All-Media Reporter Huang An

　　"This comrade, would you like to join me … …” As soon as the voice fell, the actor took the audience’s hand and walked into the museum, returning to the stormy Guangzhou Uprising in 1927 — — The 1927 Guangzhou Uprising, which is being performed in Guangzhou Uprising Memorial Hall, is an immersive drama created by Guangdong Revolutionary History Museum, which combines red culture education with art popularization. In just 45 minutes of performance, the audience shuttled with the actors in different areas of the museum, watching, feeling and experiencing the plot at zero distance. This innovative attempt made the memorial hall glow with new vitality and the number of receptionists surged.

　　"Zero distance" touches history, and the audience becomes part of the performance.

　　The Guangzhou Uprising in 1927 carried the banner of "Red Army of Workers and Peasants" for the first time in history, which set a precedent for urban-rural cooperation and armed uprising jointly held by workers, peasants and soldiers. The Soviet government in Guangzhou established in the uprising is known as "Paris Commune in the East".

　　Guangzhou Uprising in 1927 is an immersive drama created by Guangdong Revolutionary History Museum based on the history of Guangzhou Uprising. The whole drama is based on the place where the Guangzhou Uprising once took place — — Guangzhou Commune is the stage, and the audience is there, touching the grandeur and passion of history at zero distance.

　　In the first act of the performance, the Guangzhou uprising started. In the courtyard, characters such as "A Hui", "A Zheng", "Qiang Zi", "Hui Fang" and "Guo Hua" appeared one after another, calling on the audience to join their team. "Comrades, would you like to join me in the Guangzhou Uprising?" "I do!" The audience, already immersed in the historical situation, let go of their voices. Wearing the red cloth belt with the symbol of Guangzhou Uprising and taking the sickle and axe, the audience opened the door of history and started a dialogue with the revolutionary ancestors through time and space.

　　With the development of the plot, there are more and more interactions between actors and audiences, and the viewing scenes are constantly changing. Sometimes, in the Tianzi Wharf where bullets rained, I felt the fierce struggle between the female soldiers and the enemies several times as many as myself; Sometimes in front of the bright red party flag, I relive the solemnity of the pledge to join the Party. In order to rescue the revolutionary, the audience divided into two ways, and all the way followed the workers and peasants in the play to attack the fortress. All the people felt the tension of the great shift of the battlefield in the hurried footsteps. After hard fighting, the Soviet government in Guangzhou was finally established. Amid the cheers, the audience and the leading actor sang "The Internationale" passionately, and the passionate songs fluttered high above the memorial hall.

　　Walking out of the theater, the audience Ms. Su is still red-eyed. She told reporters that she was very moved: "I couldn’t help crying when I saw the scene of Huifang’s sacrifice. Without the sacrifice of revolutionary ancestors, there would be no happy life for us today." Xiao Wang, a post-90s generation, believes that replacing historical explanations with dramas is more vivid and lively, which makes young people closer to that period of history and realizes the revolutionary spirit of heroic ancestors who struggled hard and were not afraid of sacrifice.

　　Speaking of the creation of this drama, Wang Yuhan, the general director of the drama, said that unlike the artistic concept of "above life" in traditional drama, works with red themes must strictly follow historical facts, and nothing inaccurate or untrue is allowed. To this end, the crew visited historical experts and related units, constantly combing, and finally changed eight drafts before setting the script.

　　The bigger challenge is the design of the circuit. During the performance, the actors must lead the audience to shuttle up and down different exhibition halls. However, the space of the memorial hall is limited, and the beauty of music and dance is also limited. How to make the plot coherent under the constraints of the objective environment, and even a tree, a staircase and an exhibition hall can be used reasonably to serve the plot? In this regard, the crew went to the field for many times to explore and design, and finally solved the problems one by one.

　　The main creation comes from the local folk troupe, and the post-90 s young people are the main force.

　　Li Yuehui, the leading actor, recalled that there was a scene where he was standing by without his part. Suddenly an acquaintance came over and greeted him: "But I can’t jump out of the scene to talk to him. I have to be a role in the play. I can only pretend not to hear him and ignore him." "In the middle of another performance, a child suddenly hugged my thigh. He just liked your performance. At this time, I had to use the experience of the actor to improvise."

　　Li Yuehui, who has been engaged in drama for more than 20 years, believes that immersive drama breaks the "fourth wall" of traditional drama viewing mode in performance form and blends actors and audiences in one atmosphere. Facing the audience close at hand and within reach, this tests the actor’s sense of faith and professionalism.

　　Except Li Yuehui, most of the actors in the play are from Guangzhou folk professional drama performance groups — — Greek Troupe, which is dominated by young people, and 90% of them are professional actors who graduated from acting classes. Among them, Wang Fang, who plays "A Zheng", is a "post-90 s" who graduated from the Performance Department of Shenzhen University. In order to prepare for his role, he not only deeply understood the history of the Guangzhou Uprising, but also required himself to practice walking posture and eyes according to the standards of a soldier.

　　Wang Fang said that acting in this drama is actually a vivid patriotic education for himself. He recalled that in a performance, he once met an old audience: "I needed to salute the audience in the play. When I saluted him, the old man gave me a military salute in particular, and my tears stopped."

　　Speaking of this group of young people, the general director Wang Yuhan admits that he can feel their progress every day: "This performance requires the actors to have strong energy. At first, I was a little worried, but later I found that they were not bad at all. Some just graduated from college, and some came to apply for this troupe after working for several years, but they all had a passion for young people and their eyes were full of a desire to learn."

　　Wang Yuhan said that these post-90 s and post-95 s actors will have a certain distance from that period of history. In order to let the actors understand the choices of the young people in the play, the actors first conducted training and study for about three months, and went to Guangzhou Uprising Memorial Hall and Huangpu Military Academy to study before they started rehearsing. In order to cultivate the actor’s ability to deal with the crisis, Wang Yuhan chatted with the actor every day ten days before the premiere to simulate possible problems. These young people are very active in thinking and will propose a good solution: "The experience of these twenty performances is not only valuable experience for them, but also a win-win thing."

　　Activating history, the "red explosion" has received enthusiastic response.

　　Together with Nanchang Uprising and Autumn Harvest Uprising, Guangzhou Uprising became a great beginning for the Communist Party of China (CPC) to lead the revolutionary war independently and create the people’s army. Guangzhou Uprising represents the revolutionary spirit of the people of Guangzhou who dare to fight and be the first, and also reflects the important historical position of Guangzhou in the modern revolutionary history, which is an important part of Guangzhou’s history and culture.

　　As a story about the city and people of Guangzhou, The 1927 Guangzhou Uprising combines a lot of cultural elements of Guangfu. Participants can find familiar Guangzhou place names, classic songs, daily necessities and costumes with a sense of the times.

　　It is reported that "1927 Guangzhou Uprising" has received enthusiastic response since its premiere in July, and the drama schedule in July will expire as soon as it is announced. Due to the limited space, 40 people are expected for each game, but in the end, 70 or 80 people will come. There is an old man the same age as New China — — Mr. Kong, after knowing the performance, specially came from Huangshi Road to watch it. In addition, the Guangzhou Uprising Memorial Hall also launched a special session for disabled people, primary school students, retired military personnel and other groups. As of August 14th, there were 20 performances, 46 reception groups and 1668 audiences.

　　Chen Heyi, director of the mission department of Guangdong Revolutionary History Museum, said that the combination of red theme and immersive drama can be said to be the first in the country. At the end of each performance, volunteers will distribute questionnaires to the audience to collect their opinions and suggestions, and the museum will also hold meetings to discuss, exchange and constantly polish. Now this version has made great breakthroughs in all aspects, which can be said to be a leap from version 1.0 to version 3.0.

　　Participation Mode of Guangzhou Uprising in 1927

　　"1927 Guangzhou Uprising" was performed free of charge at the Guangzhou Uprising Memorial Hall. Interested audiences can pay attention to the performance schedule and make an appointment to participate through WeChat WeChat official account "Modern Guangzhou".

Five insurances and one gold are very important for every employee, which is related to everyone’s pension, medical care, unemployment, work injury and maternity protection, and is also closely related to the housing problem. The following is a detailed introduction to the calculation method and related regulations of five insurances and one gold.

Five insurances are endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance, and one gold refers to housing accumulation fund. Its calculation is mainly based on the payment base and payment ratio. The payment base is usually the average monthly salary of employees in the previous year, but there will be upper and lower limits. Taking the local average social wage as a reference, the lower limit of the payment base is generally 60% of the social wage, and the upper limit is 300% of the social wage. If the employee’s salary is lower than the lower limit, the lower limit will be used as the payment base; Above the upper limit, it is calculated according to the upper limit; Between the upper and lower limits, the actual salary is the base of payment.

The following are common payment ratios (which may vary in different regions):

Take the old-age insurance as an example. If the employee’s monthly salary is 5,000 yuan, the unit contribution ratio is 16% and the individual contribution ratio is 8%. Then, the monthly pension insurance fee that the unit needs to pay is 5000×16% = 800 yuan, and the individual needs to pay 5000×8% = 400 yuan.

The payment base of housing provident fund is also generally the average monthly salary of employees in the previous year, and the payment ratio is between 5% and 12%, and the payment ratio of units and individuals is usually the same. Assume that the contribution ratio is 8%, the monthly salary is 5,000 yuan, and the units and individuals need to pay 5,000× 8% each month = 400 yuan, and the employees’ monthly provident fund accounts add a total of 800 yuan.

It should be noted that the five insurance and one gold policies in various places will be adjusted according to local economic development, average social wages and other factors. Employees can know the latest payment base, proportion and other information through the local social security department official website, telephone hotline or agency. Enterprises are also obliged to pay five insurances and one gold in full for employees according to regulations, which is not only to protect the rights and interests of employees, but also the social responsibility of enterprises.

Understanding the calculation method and related regulations of five insurances and one gold is helpful for employees to know their rights and benefits and plan their personal finances reasonably. At the same time, in the case of changing jobs, salary adjustment, etc., the payment of five insurances and one gold can also be accurately calculated.

[Disclaimer] This article only represents the author’s own views and has nothing to do with Hexun. Hexun.com is neutral about the statements and opinions in this article, and does not provide any express or implied guarantee for the accuracy, reliability or completeness of the contents. Readers are requested for reference only, and please take full responsibility. Email: news_center@staff.hexun.com.

Chen Jin (1955—)

Every city has its own personality. But photographers who can record the city’s personality are still scarce in China. Chen Jin, with his unique personality and way, spent more than 30 years recording the urban character of life, thus completing two works of literature style, Tea Shop and Market. Today, let’s take a look at the conversation between Chen Jin and Chen Xiaobo.

　

Drinking tea is an attitude of Sichuan people towards life.

Chen Xiaobo: Let’s start with two of your most important works-Tea Shop and Market. In my impression, when I talk about Chen Jin, I will think of the cloudy weather in Chengdu and even think of you as a lazy tea drinker in a teahouse. When did you decide to shoot the teahouse?

Chen Jin: It should be said that I started shooting in the mid-1980s, and I took it as a living condition. At that time, the city had not been demolished on a large scale. At the end of 1980s, Hong Kong’s China Tourism held a 24-hour filming activity in Chengdu. What do I want to shoot myself? Be sure to shoot something that can represent the characteristic culture of Sichuan, and naturally think of the teahouse. From the late Qing Dynasty to the Republic of China, tea shops in Sichuan gradually took shape, and the number was by no means comparable to that in other provinces. According to the "Chengdu Overview" compiled in the first year of Qing Xuantong, people who go to tea shops every day account for one-fifth of the total population of Chengdu, and the so-called "one city resident and half tea customers" is a portrayal of this situation. Therefore, to understand the customs of Sichuan, we must first sit up from the tea shop.

From that day on, I began to observe and photograph teahouses purposefully. There are Sichuan people’s lives and thoughts in the teahouse, and there are many things worthy of my attention. Once it is filmed as a cultural phenomenon, it is different from the past. I must leave history and my feelings about it by doing something. Although people have been filming teahouses in the past, most of them are scattered and have not been excavated in depth. In other words, most photographers pay attention to the teahouse from the perspective of so-called "artistic creation", which is too superficial and lacks systematic social, historical and humanistic cut-in.

Chen Xiaobo: When was the earliest photo of the teahouse we can see now?

Chen Jin: It was taken by foreigners in the 1920s and 1930s. When foreigners come to Sichuan, they will definitely photograph the teahouse, but it is impossible to go deep into it. Even so, those photos still look very interesting now-clothes, eyes and feelings between people are so valuable.

Chen Xiaobo: What does the teahouse mean to Sichuan people?

Chen Jin: Drinking tea is an attitude of Sichuan people towards life. Shooting a teahouse is not to shoot how Sichuan people drink tea, but to shoot how Sichuan people live.

Chen Xiaobo: Before shooting the teahouse, you were also … taking photos in the salon.

Chen Jin: Yes. I shoot Jiuzhaigou and Emei Mountain, including campus life, all by salon method. But now looking at my photos at that time, there is still some flavor of "conceptual photography". My landscape photography is also a bit weird. At that time, I had been in contact with Hu Wugong in Shaanxi, Hou Dengke and Yu Deshui in Henan. When they were doing the "arduous journey" contest, they saw my photos and wanted to use them, but they didn’t know where to put them, because these works were just an alternative "affair". In the early 1990s, they saw the teahouse I photographed.

Chen Xiaobo: The scenes in the teahouse are so similar, and so are the people who drink tea. How can you film it?

Chen Jin: I took pictures when I became a person sitting in a teahouse. In the process of shooting, I completed the transformation from a "photographer" to an authentic "tea guest", really walked into the life and heart of the "tea guest", and of course I understood the truth.

Chen Xiaobo: I think many people want to know your work status as much as I do. I really want to follow you to the small village and town in Sichuan to see how a photographer with your personality shoots. /How to communicate with the subject?

Chen Jin: OK! Let’s go together sometime When I first filmed Tea Shop, I took a wide angle of 20, a telephoto of 80-200 and a tripod, and stood there looking for a lens. The light in the teahouse is too dim. I went in as a photographer at that time. For a period of time, I feel that I can’t shoot, because I can’t get into the teahouse.

　

Chen Xiaobo: In 1988, during the Beijing International Photography Week, Raininger of the United States suggested that photographers in China lock up their telephoto and wide-angle lenses and don’t take them out.

Chen Jin: I understand that he is not limiting the use of lenses, but he wants to truly and richly express what he sees.

Chen Xiaobo: It’s just another way of observing.

Chen Jin: Later, I didn’t use the lens very deliberately.

Chen Xiaobo: Your identity as a tea drinker? Observer? Recorder?

Chen Jin: I try to hide myself. I don’t want people to feel that there is a photographer here. My identity is just an ordinary tea drinker, sitting there drinking tea, watching and posing in a dragon gate array. I am completely integrated into life itself. I’m not just a bystander, but really approaching a culture. I accepted each other with the other people sitting in the teahouse. It was very comfortable, and there was no sense of oppression or tension. Photography became a very casual thing, so it was natural to take one or two photos. Sometimes you don’t have to shoot it.

Chen Xiaobo: What’s the radius of your shooting Teahouse?

Chen Jin: The whole Sichuan! I have been to hundreds of teahouses in hundreds of cities, counties and towns all over southern Sichuan, eastern Sichuan, western Sichuan and northern Sichuan. The southeast and northwest are completely different, and the way of drinking tea is also different. Why is it different? It’s very simple. The pier culture in eastern Sichuan, on the docks along Jialing River and Chuanjiang River, merchants and porters come and go, and it’s not required to sit in the tea shop for long. High square table and bench are uncomfortable after sitting for a long time. I don’t have time, and tea sellers want more people to come and go. Western Sichuan culture, lying on a bamboo chair leisurely. Don’t worry, no one drives a bowl of tea for a day. Bamboo chairs in southern Sichuan are different from those in Chengdu. The former has no handrails.

Chen Xiaobo: What about the tea set? What’s the difference?

Chen Jin, of course. Chengdu people like to cover their cups with "three heads" when drinking tea, which looks very leisurely. In Chongqing, large bowls (such as tea stalls full of old eagle tea to cool off the heat) and uncovered cups are mostly used, which is related to the living environment and the straightforward character of Chongqing people.

Teahouse is an important place for Sichuan people’s way of life, through which they express their attitude towards life. Sichuanese drink civilian tea and market tea. In traditional teahouses, most tea drinkers are not so particular about drinking tea itself, and tea and tea sets are not as particular about it as in current teahouses. Tea drinkers care about the whole process, and drinking tea is the second.　

Chen Xiaobo: You have been studying this culture during the filming?　

Chen Jin: Yes. I read a lot of texts. There are no writers in Sichuan who don’t write about teahouses: Sha Ting and Li Jieren. I won’t talk about images. Sichuanese can’t live without tea, and there is a continuation of culture among them. Just as we watch the Japanese tea ceremony, we see not only tea, but Japanese culture and people.

The French is very interested in Sichuan Teahouse, because French coffee shop culture is also developed, which is similar to Sichuan Teahouse. But the French’s life is exquisite and tasteful. Sichuanese are casual, simple and even a little vulgar. Sichuanese just need to make me comfortable. Look at the rickshaw driver. He drinks tea first. When he has guests, there’s no hurry. Let’s make the tea comfortable first. This rickshaw puller shows his attitude towards money and life. It is more important to have a bowl of poor tea than to earn money hard. Isn’t the ultimate goal of people just for their own comfort? Li Bai and Su Dongpo were as brilliant as that, and there were times when they were low. The frankness and elegance in their bones helped them tide over the difficulties. Deng Xiaoping’s spirit of "I’m not afraid of anything, I’ll do it" is also typical of Sichuanese.

Chen Xiaobo: Today, we have seen the destructive effect of large-scale urban reconstruction on teahouse culture.

Chen Jin: Teahouses are combined with folk houses, and the way of living is different. The change of tea culture is obvious.

Chen Xiaobo: Will the country be better?

Chen Jin: The so-called villages, including those small towns, are also changing. After the change, many things have been lost. For example, there is a typical teahouse ten miles away from the center of Chengdu, which maintains the structure of an old teahouse. I used to go there a lot. I didn’t go there for half a year. CCTV’s "Thousands of Lights" column filmed a film about the teahouse. I took them to that teahouse and was turned away. On the gate was written in chalk: How many chairs and tables are left? Please buy them as soon as possible. I looked in from the outside, and the teahouse was divided into small rooms where people lived. It turns out that the property right here belongs to the government. When the government does real estate, it moves in the people who will be demolished. I suddenly felt that the change was too fast, and the traditional things disappeared like this.

Chen Xiaobo: How do you feel in the face of the disappearance of teahouse culture?

Chen Jin: On the one hand, it’s sad. Such a good environment really represents the good things of our cultural phenomenon, and thus it has disappeared. At the same time, I’m glad I left some traces with images. The meaning of the image is highlighted at this time. The image is intuitive, and I am more determined to seize the opportunity to do my image work. So, I said to others: It is more accurate and practical to regard me as an "image cultural worker" than to call me a so-called "photography artist".

　

　

Tea Shop is not only for the photography circle,

It is meaningful and valuable.

Chen Xiaobo: Did the appearance of the book Tea Shop come out at the time of shooting? You have a clear goal from the beginning of shooting the teahouse, that is, to make it "the most representative work concerned with regional culture"?

Chen Jin: Yes. To make this thing, I have a strong purpose, that is, to publish a systematic book that shows Sichuan teahouse culture through pictures and texts. The advantages of each generation. Our generation has the responsibility to record what is around us. It is not enough to just record him and stay, but also to express my views, so I must express my views through books.

Chen Xiaobo: Just now, we had tea with Zhong Ming, a Sichuan poet. He gave me a book. I saw the words: "A thing should be kept silent before it is finished. Let a secret stimulate you until you finish it in a full mood … You must finish that amazing event in a silent way." This line reminds me of your attitude.

Chen Jin: When I started filming the teahouse, I didn’t do it in the circle at that time. Until it was published in 1992, no one paid attention to it, or people who knew what I was doing didn’t think much …

Chen Xiaobo: But Tea Shop got a high evaluation immediately after it came out. Because of its own cultural information and content, the photographer’s attitude is clear at a glance.

Chen Jin: It seems that the cultural circle realized this earlier than the photography circle. At that time, many topics were Xu Yong’s Hutong and my Tea Shop. Beijing Hutong has always been photographed, but no one has been photographed like Xu Yong. We all do it with the attitude of outsiders Or when I did it, I didn’t think it was only for people in the circle.　

Chen Xiaobo: After you successfully filmed the teahouse, did anyone continue to shoot the teahouse theme?

Chen Jin: I have also seen many people take good photos of teahouses, but they have different purposes from mine. My teahouse can’t just talk from the perspective of images. The success of Tea Shop is not only a success in image, but also a success in photography. It shows not only my image ability, but also my excavation of the cultural phenomenon of teahouse, which is overall. From the image form alone, there are many people who are better than me, but I observe and express in my own way, taking my own way, which others can’t compare.

I have a point: for documentary photography, what matters is not the "image" but the "object". Photographers express objects by means of images, and they can’t do it backwards. Therefore, a good documentary work can’t make people’s eyes stay on the image form for a long time, but attract people to the content it expresses. The simpler and more simple the image, the more they can achieve their goals. On the road of documentary photography, I express ordinary people’s lives with an ordinary mentality and an ordinary perspective, no matter "Tea Shop" or "Market", that’s all.

I hope that younger photographers will look at the teahouse with modern eyes and express new ideas. They should even do it by conceptual photography. The way they observe and act must be different from ours. But unfortunately, it seems that no one has thought and done so far.

Chen Xiaobo: After more than ten years, what would you do if you were asked to re-shoot the teahouse theme and re-edit the book Tea Shop?

Chen Jin: In the past, when shooting, I broke through the mode of shooting photography as a work-I broke away from the traditional aesthetic standards of photography, put the object in a specific background, I photographed the behavior of people in the environment, and I looked for the cultural meaning of a tea bowl. Beauty is secondary, and conveying cultural information is important.

However, the choice of layout design images in 1992 did not escape the shadow of tradition. When choosing a film, I still didn’t escape the limitation of photography, and I chose it according to my work. At that time, the printing quality was also a little rough.

Chen Xiaobo: So you are editing Tea Shop again recently?

Chen Jin: After more than ten years of precipitation, I went through those photos again and found that many good photos I didn’t choose at that time. Now the newly edited Tea Shop has broken through photography itself. It is meaningful and valuable not only to show it to the photography circle. Nowadays, Tea Shop has more reading elements and finer text. More than 300 photos were selected.

Chen Xiaobo: How many photos were there in the original one?

Chen Jin: Less than 100.

Chen Xiaobo: How do you evaluate Tea Shop yourself?

Chen Jin: I know that I did something that contributed to human image culture, so it will last forever.

　

　

"Market", I want the most honest image.

Chen Xiaobo: After Tea Shop, you continue to look for traces of the culture of the old Chengdu people. When did the idea of "Market" come into being?

Chen Jin: It should have been produced in the early 1990s. Although I didn’t know what it would be when I started shooting. But after Tea Shop, I have established my own behavior and observation. I want to continue the traditional folk life through images. "Market" continues the road of "Tea Shop". I am very clear. I must be different in order to reflect the value of my existence.

Chen Xiaobo: We stayed in Chengdu these two days, and we were relaxed and carefree everywhere, feeling that our life in Beijing was hasty and rough and we didn’t enjoy life itself.

Chen Jin: The urban life in Chengdu is really very folk, very common and very civilian.

Chen Xiaobo: What is the most local flavor of Sichuan culture?

Chen Jin: It’s hard to understand without being in it, and it’s hard to sum it up in words. I don’t think any words are enough. This kind of culture is related to region, personality and a series of things. From Sanxingdui, the Eastern Han Dynasty to the Tang Dynasty, Sichuan’s rich culture and cultural heritage are manifested in the gestures of Sichuan people and in secular life.

Chen Xiaobo: You talked about the influence of The Riverside Scene at Qingming Festival on you.

Chen Jin: In 1983, I saw the Riverside Scene at Qingming Festival for the first time in the Forbidden City, and the image describing the life of the folk street was deeply impressed on me. In the past, when the natural economy was dominant, the climate in Sichuan Basin was warm and fertile, and it benefited from Dujiangyan irrigation. The industriousness of the working people was accompanied by eternal leisure. Decentralized and individual small-scale peasant production mode is marked by the narrowest forest discs under the lead-gray sky in the western Sichuan plain, which is a kind of market culture with great regional color, and has promoted a fairly developed farming civilization from this dark place; However, due to the relatively closed geographical environment, abundant products can only be loosely "circulated" on the basis of self-sufficiency, just as the tradition of Sichuanese breeds on raw and wet land-I am the "product" that has been assimilated by this cultural atmosphere. Although The Riverside Scene at Qingming Festival depicts the common people in Bianliang, the ancient capital of the Northern Song Dynasty, it is not surprising that it is similar to what I experienced in my hometown in western Sichuan, and I feel cordial when I read the painting. Later, I combed my own life and felt that some of the life scenes described in the painting were very familiar and close. There were a lot of things in the fifties and sixties that still had vague impressions. Later, things I like to shoot, such as drinking tea and posing in a dragon gate array, are things that are very close to my life experience.

Chen Xiaobo: What is the concept and scope of marketplace?

Chen Jin: With the evolution of history and the development of society, the original meaning of the word "street" has expanded from a single and narrow place for doing business to a living space for ordinary people. The daily life of ordinary people in towns has gradually been included in the category of "street" and even become synonymous with ordinary people. "Marketplace" has evolved from a concept of pure space to a broader and deeper cultural concept. The market has become a unique phenomenon of urban culture, which is different from rural culture, palace culture and scholar culture.

Chen Xiaobo: With such complicated details of life, do you have any choice when shooting?

Chen Jin: I always have a choice. I am familiar with this kind of life. I choose the scenes that can express the life state I want, all kinds of information composed by people and environment, and those that suddenly reproduce the fragments of my childhood and adolescence. I will shoot a detail that can constitute my work, and the detail that can inspire me to lift the camera must also touch me, which is something I am afraid of disappearing.　

I shot a wide range, just a bigger concept. I hope to put my attention on a higher level. Although the region is very Sichuan, we can’t understand it in the small circle of regional culture, but we should put the lifestyle representing the national life form on a higher platform and let more people know about it. Not only for Sichuanese and Chinese, but also for foreigners. Show it to people with cultural background. If foreigners look at it, it must be something from China, not just from Sichuan. Through the observation of cultural phenomena in different regions, we can grasp the common things of human beings.

Chen Xiaobo: Is there a difference between light and heavy?

Chen Jin: I didn’t particularly think about this. Some photos are not so important when they are taken, but they become important when they are used at the end.

Chen Xiaobo: How can you find something hidden in the depths?

Chen Jin: I’m different from many photographers. Some people have a picture as a work. And to me, it’s just material. What I will keep thinking about is my whole work, a big "work". When you are not clear, you will stop when you don’t know where to work harder.

Chen Xiaobo: The image of "The Market" seems calmer and more simple, and the author’s shadow is hidden deeper. Thus, it has also entered a higher realm of the image.

Chen Jin: The image is even lighter. The author’s main body seems to be gone. In doing so, I was influenced by the working style of anthropologists. On the one hand, I respected life itself, respected the subject itself, and put it into my own observation.

At one time, I also wanted to try a breakthrough in image. What is on the image is just a kind of stimulation, which will soon disappear. Some things will be shocked and new when you look at them for the first time, but they will be tasteless when you look at them again. And those photos that are a little light at first glance have a longer and longer taste.

Chen Xiaobo: Actually, looking back now, the most classic and enduring photos in the world are those that are gentle and shot with the most standard lens.

Chen Jin: So what I want is the most honest and realistic image. Take photos honestly, honestly express what you want to express from an honest perspective, and express your real life.

After all, shooting is related to the photographer’s personality. My personality determines that I always withdraw from myself on the surface. Even if everyone chats, I would like to stay in the corner and be a bystander.

　

　

　

"Market" is a collection of pictures, words and

A complete cultural product of all kinds of humanistic materials

Chen Xiaobo: The overall editor of The Market is even more commendable.

Chen Jin: I hope "Market Street" will become a classic, and I spent a long time editing it.

Chen Xiaobo: What do you mean by a long time?

Chen Jin: It took six years before and after. I was silent for a while before editing into a book. In 1999, I gave up all my work and traveled to Europe and America for two months. On the way to travel, I watched and thought: I just want to think about the position of my own culture in other cultures; The world culture is so rich, how can China culture have a place in the world culture? How can you make others think that your things are good? How can something very regional be placed under the big cultural background of my country? How can people of different nationalities and regions care about the living conditions of ordinary people in Sichuan? I also did a lot of reading, reading literature, Tang and Song poetry and local culture.

Chen Xiaobo: Are you doing this to distance yourself from the photography circle?

Chen Jin: Yes. I don’t want to be limited by photography. At that time, I began to think about how to structure my "Market" like an architect. How to integrate so many photos, words and materials is what I think most.

Chen Xiaobo: Your status as an editor of the fine arts publishing house for more than 20 years began to play a role.

Chen Jin: My professional characteristics are really useful at this time. I have no reason not to do it well. I am a professional book editor and a professional photographer. I have professional strengths and am familiar with design and printing. I can write, I have been studying culture, and I have mastered a lot of information.

Chen Xiaobo: Many photographers can’t be the owners of their own photos because of their lack of editing training. I have seen many good photographers, and I can’t do anything about putting a lot of good photos in my hands.

Chen Jin: Yes, photographers around us have a lot of things in their hands. They look very good one by one, but they don’t become a complete thing in the end.

Chen Xiaobo: You are a scholar. Your knowledge structure also plays a role here.

Chen Jin: In the mid-1990s, I read books on anthropology at home and abroad, and the research methods of this subject fit my ideas very well. So I try to frame it anthropologically.

Chen Xiaobo: Will you continue to take photos while editing?

Chen Jin: There are some. Because there are new ideas, I found new images, and later I found that what I added was taken at random.

Chen Xiaobo: The way the book is edited looks very special.

Chen Jin: The layout of "Market Street" is different, with a horizontal format, a large number of photos and small words. The print run is small, and the spread is really limited. But I have to do this. Make it big first, then small, then fine. Not everyone can make their own things bigger, and one of them is the ability to control the theme. In fact, there are still friends in the circle who have a lot of complaints about the editing method of "Market Street". They always think that there are too many pictures, so many good images are lost. It’s normal for people to have different opinions, but it’s just a different interpretation. Due to the limitations of their own abilities, shortcomings are inevitable. But I still want to emphasize one point: The Market is not a simple collection of photographs, but a complete cultural product with pictures, characters and various historical and cultural materials.

Chen Xiaobo: Is this editing method your choice?

Chen Jin: In the process of writing a book, I will not listen to other people’s ideas first, nor consider the market, and I will not be led by external things. I must do it in my own way first. People around me know what I’m doing, but they don’t know what it’s like to come out. Of course, now it seems to be extreme, the good aspects are highlighted, and the weaknesses are obvious.

Chen Xiaobo: At least it’s not so convenient to browse. (Laughter)

Chen Jin: The Market is not a photo album. It is a complete work. It uses so many materials (data) to express what I want to express. It is the best expression of Sichuan people’s lifestyle that I can sort out and summarize in this era.

Chen Xiaobo: Different from many photo albums, "The Market" needs to be read slowly, and it can’t be finished at one time, and every time you watch it, you can see the deeper meaning.

Chen Jin: "Market Street" really needs a period of time, and both I and readers need time to get to know it better. Different understandings will have different ways of interpretation.

Here, the image is just a way, a material, and it is an essential element to construct my thoughts.　

Chen Xiaobo: What’s the difference between "The Market" and your original idea?

Chen Jin: There is no difference. "Market" for me, there is no regret that I wanted to do but didn’t do it. I have devoted my whole life to this matter, which can be described as painstaking. There are gains and losses in everything, and I have lost a lot in doing such a thing. In the process of doing it, I also asked myself: What’s the point? What’s the value? "Who cares!" Let me stick to the end. I try my best to be the best and the highest.

Chen Xiaobo: The best and highest performance is in the details. The "Market Street" we see uses many elements to form a joint force in design.

Chen Jin: When I do "The Market", the civilian consciousness in my bones is based on the historical inheritance with roots, not a casual feeling. I want to show the traces of tradition and form the history of street culture.

Chen Xiaobo: Apart from 60,000 words and 800 photos, the precious materials you selected are eye-catching. It can be seen that it is not accidental, but has been accumulating. The criteria you choose are all related to street life.

Chen Jin: Those stone carvings, bronzes, line drawings, brick paintings and New Year pictures are scattered in different documents and books. I started collecting these documents very early. I have been purposefully collecting things that can echo the street culture I photographed and create an atmosphere.

Chen Xiaobo: And the text. I have been immersed in your words for a long time. Those words have profound documentary value in a very personal description. I think many readers have the same experience as me.

Chen Jin: Writing is an important part of Market. Words convey the author’s thoughts from another angle, making up for the places that images can’t do and the information that can’t be conveyed. Words play the role of concatenation. Text paper is different from image paper, and the feeling of browsing is different.

I can write something. I still have such confidence. What I write is not dry, for one thing, I have been trained by words, and for another, those words are my true feelings. Sometimes I can’t go on writing. In the process of writing, I recall my childhood, past years and dramatic life, and sometimes I think: I am the only one to write this book!

Some photographers have no choice but to publish their own books and ask others to write them. I won’t do that.

Chen Xiaobo: It’s hard to write by putting yourself into it, but "The Market" has done it.

Chen Jin: I use the first person and have myself. The way I write is not a formula or a document, and quoting classics becomes my own thing. My words try to blend in with the pictures.

Chen Xiaobo: The Market cannot be viewed as a photo album, because it is a real document. Pay attention to the life of a region or a certain theme for such a long time, engage in work from a historical perspective, and show and spread it in such a form. It may be more valuable in decades and hundreds of years.

　

　

　

Photographers should work hard behind the images.

Chen Xiaobo: What are your cultural heritages?

Chen Jin: I still love China’s traditional culture and classical things. Music, I used to like listening to symphonies, and for a while, I was addicted to soothing music. Generally speaking, it is classical. Modern music is listened to for understanding, not appreciation. Classical things are precipitation and essence.

Chen Xiaobo: What about vision?

Chen Jin: The world is big, and everyone has his own advantages. I like to express myself with images. I am not superior to others in terms of light, shadow and composition. I just do what I have to do honestly.

Chen Xiaobo: What do you think a good image looks like?

Chen Jin: The image is too strong, but something imaginary appears. I like photos that reflect real life. But it doesn’t rule out the delicate things we contacted in the past, such as Adams and Weston. After all, it represents the highest level of image.

Chen Xiaobo: A friend said your image: "I think his whole tone is gray. I always said, Chen Jin, can you shoot something brighter? It’s so hard to watch. That is to say, don’t be so cold, be more kind and warm. " How do you answer such a question?

Chen Jin: This is a question of understanding, and it does not rule out individual personality problems. My life is not bright enough, and my living environment is not brilliant enough, which will inevitably give people a feeling of "gray" in my works.

Chen Xiaobo: What about the camera? What camera have you been using?

Chen Jin: It’s miscellaneous. Apart from having special feelings for Leica, nothing else is too much. In the mid-1980s, I was assigned to a publishing house. At that time, there was no Japanese SLR camera representing professional image, so I had to send me two old Leica. I used it to take a lot of photos with good layering. In 85, Wang Miao and Wang Zhiping and I also used Leica when we entered Tibet. And my colleague plateau. In the same way, when we come back and develop the film together, we are blindsided, and we can tell the pros and cons of the technical level just by looking at the quality and color of the image. Later, Lycra broke down and could not be used, so I used Nikon. In the mid-1990s, I bought a Leica myself. Leica is comfortable, feels and sounds so simple that ordinary people will not feel exaggerated. Leica let me express myself very relaxed. I don’t reject new things, digital and computer, and I also realize the advantages brought by digital. There is no point in simply pursuing technology, and there is no point in completely indulging in the camera. Maybe someday I’ll just use a small camera. Li Yuan spent his whole life shooting scenery with 135.

Photographers should not set their identity as photographers, their identity should be transferred at any time, and they should work hard behind the images.

　

　

　

The morality of the older generation of photographers has a great influence on me.

Chen Jin: In 1980, when I was a sophomore, I started taking photos, and I was influenced by the April Film Festival. In the 1980s, there was something similar to today’s conceptual photography in terms of photographic language expression.

Chen Xiaobo: When you were in Yunnan University, you were most influenced by Xiao Jingzhi?

Chen Jin: My photography path at first was influenced by Mr. Xiao. At that time, Mr. Xiao brought the exhibition of the April Film Festival to Kunming. In 1980, Yunnan Academy of Social Sciences and Chinese Department of Yunnan University jointly conducted a survey of folk literature. I also took on the task of shooting the whole process, and bought a camera for more than one hundred yuan. Now that I think about it, it is actually the way of field trip. I went deep into the village in Jinggu county, Yunnan Dai area. At that time, I took a lot of photos, handed in photos of similar documents, left some so-called beautiful photos, and came back to hold a film festival. Mr. Xiao was working in the Cultural Department at that time. After seeing the exhibition, he sent a message to let us young people take photos to him. I have been in Yunnan for several years, and I have had a lot of contact with Mr. Xiao. Several students go to him almost every week.

So far, I’m glad to associate with Mr. Xiao. His influence on me is not just a photographic influence. His character, values and attitude towards life have a great influence. He is honest and does not rub sand in his eyes. When he sees something he doesn’t like, he will definitely point it out, which is not sophisticated at all. His failure in life is related to his honest conduct. In any era, it will suffer. We respect him, but we know that he is not suitable. His attitude towards photography and his attitude towards life have influenced me subtly.

My graduation thesis is a photographic article "Aesthetics of News Photography", which is unprecedented in Yunnan University. The Chinese Department stresses basic news and aesthetics, but there is no photography. A teacher came into contact with photography and wrote similar articles. He became my mentor. I participated in the first annual meeting of photojournalism theory held in Tianjin in 1983 because of this paper. Later, I wrote papers in successive sessions. At that time, articles always liked to get some profound theoretical words that they didn’t understand. But Sun Zhongjing, an old photographer from Sichuan Branch of Xinhua News Agency, shared a room with me. I showed the article to Mr. Sun. After reading it, he said, "Your stuff is very theoretical." Such an old photographer who has been engaged in news photography all his life didn’t understand what I wrote, which really gave me a sap.

And Jiang Qisheng. At that time, against liberalization, Shaanxi Ge Xinde wrote "On the Alienation of News Photography". He didn’t understand what the word "alienation" was. He just followed the fashion and used a new term. As a result, he ran into a "mine" and was criticized and screwed up. During the meeting, Jiang Lao called Huimin and me and asked us what "alienation" was. In fact, we may not really understand it, but I am moved by Jiang Lao’s rigorous and humble attitude. The older generation of photographers have many qualities that have a great influence on me. It had a great influence on my future path.

Chen Xiaobo: In the early 1980s, you had an important photographic experience in Danba, a Tibetan area.

Chen Jin: In August, 1982, I graduated from university, and I was assigned to the provincial public security department at the earliest. After going there for a month or two, I felt I couldn’t do it. I have decided to take the artistic road in the future and offered to leave. I can change within three months. We are educated youths in Chengdu, and we can put them back unconditionally if we want. Back at school, I continued to wait for the distribution, and the waiting time was very uncomfortable. I had the opportunity to go to Danba in the middle of this year.

Danba is a county in Ganzi Prefecture. My friend and I borrowed a camera, printed a camera and brought photo paper. Prepare to take pictures while making money. When I went to Kangding, the state capital, I had to climb over Zheduo Mountain. My friends who traveled with me said that it was too wild there and I came back with difficulties in life. I must go, but I don’t know where to go I went to Kangding bus station, bought a ticket and arrived in Danba by accident. In May, I entered the Danba mica mine, next to the forest farm and the cottage. I carry a photo box to take photos during the day and develop photos at night. Earned more than 200 yuan a month. There are dozens of films in the luggage, most of which are used for creation. I have lived in many places, including Tibetan homes, primary schools and miners’ houses. I am deeply impressed, but I have taken very few pictures of people’s living conditions, and almost all of them have taken pictures of natural scenery, cattle and sheep landscapes. It’s a pity to see it now I revisited my old place three years ago, and the changes have been great. There used to be small trains in the forest area, but now there are none.

Danba is a complex of mine, and I have learned a lot.

　

　

The life of paper and ink will last forever.

Chen Xiaobo: What do you want your image to spread?

Chen Jin: Books. It’s still a book that can be held in your hand and played with. A book is put there, and it is constantly appreciated and constantly obtained. The ancients said, "The life of paper and ink will last forever." Reading the text must be an important way.

If my book is to be a classic, it will be a good thing after many years. Of course, what kind of book is made and whether it is valuable or not is very important. Of course, I don’t rule out spreading it through TV topics and the Internet.

Chen Xiaobo: What about the people who arrived?

Chen Jin: I have a special feeling for photography. I certainly hope photographers can see it, but I want to break through the circle of photography. The treasure of scholars is more important and meaningful than that of photographers. But I can’t expect more people to read it because of the number of my "Market" at present. I want to make it popular on this basis so that everyone who likes it can get it. Recently, Shanghai Literature and Art Publishing House’s "Disappearing Style" series published my "Feeling for Chengdu", with 50,000 words and more than 100 photos. It’s a simple reader of "Market Life Edition".

Chen Xiaobo: Have your pictures entered the auction market in the past two years?

Chen Jin: I have some works in the auction. I just want to know about the market in this way. The picture market has a process in China, and it is not the best time. I pay attention to its progress. Observe it and understand it. The photographer has something good in his hand. There’s no hurry. Fortunately, I am slowly wandering in an environment like Chengdu, and I can advance and retreat.

Chen Xiaobo: Do you want your images to enter the collection?

Chen Jin: I hope so. Entering the collection is no longer an economic significance, but an affirmation of the value of my things. Then it is my own contribution to society, and I have achieved the purpose of doing this at first.

Maybe I will really go to the countryside in the second half of my life.

Chen Xiaobo: The photographer’s personality determines the depth of what he does. Your Tea Shop and Market are the reflection of your personality.

Chen Jin: Independent and as marginal as possible. I have been like this since I was a child. I am indifferent to people and things, and I don’t want to get too involved. Maybe it has something to do with the environment I live in. Our generation is flawed in personality, and over time, there is a kind of depression. At home, my father is very strict and uses old-fashioned education on us. Mental pressure, natural things are naturally suppressed. Keep a low profile and don’t express your thoughts easily. On many occasions, I would rather be a bystander and an observer. The usual way of dealing with people is unobtrusive and objective on the surface, but there are their own ideas and opinions in the depths.

Chen Xiaobo: Many people who don’t know the truth think that photographers are exposed people. In fact, there are many quiet people around us who do photography. On the contrary, it is very deep and distinctive.

Chen Jin: Taking pictures is just an expression. Why did literature students take the road of photography? It was because I would rather use a shutter than a pen later. Although writing is my strong point, once I go to photography, I find that photography is more suitable for expressing my thoughts. Express yourself through images-not ostentatious expression, but try to hide behind the images.

Chen Xiaobo: What else do you usually do?

Chen Jin; I live a regular life. I like sports and swim at noon every day. Seemingly calm, in fact, he is still an active person. I worked as a PE teacher for four years when I was an educated youth. I also like driving cross-country. A group of people drive to extreme roads, fall asleep on the expressway, and get excited once they get to the gravel road. I hope my life is healthier.

Sometimes I have tea with my friends.

Chen Xiaobo: Do you study much?

Chen Jin: Not much. The state is wrong. Times are sick, and there are always endless things to do. Concentrated reading is when I was writing "The Market" in 2000. I wanted to pull myself back from the secular world, and I selectively read China’s essays in the 1920s and 1930s. Yu Dafu and Shen Congwen entered a reading state.

Chen Xiaobo: Where will your photography go in the end?

Chen Jin: Life is short. It is enough to do one or two meaningful things in your life. With Tea Shop and Market, it takes a process whether there can be a trilogy. I have some ideas about how to take my photography path. My future state may be related to my attitude towards life and depends on how I understand life for the rest of my life. I still hope that I can relax myself, don’t put myself up, and continue my behavior. It’s more prosaic and idyllic, but there will still be an explanation.

Maybe persistence is a good thing, maybe I will be tired of reality and have an empty thing. Maybe I will be more traditional and go into more classic traditions. If you can’t keep up with it, just go back. Independent, detached and independent. Including "Market", it already has such a taste. Try to return the image to the original and essential state. Good things must be something that can stand to see.

Chen Xiaobo: It seems that you have never been proud of being paid attention to, and you have never given up because you are not paid attention to. Is this detachment born or cultivated?

Chen Jin: I can’t say detachment. Not so high, temperament, try to be yourself. In essence, it is the Confucian "golden mean".

I won’t be carried forward by anything. Finally, I will let nature take its course. I don’t care whether I encounter unfair treatment or anything else, and it won’t affect my state of mind. Self-cultivation, maybe I will really go to the countryside in the second half of my life. Maybe "pastoral" is the end of my trilogy.

Interview time: January 13th, 2008

Interview location: a teahouse in Chengdu

The above content comes from Chen Xiaobo’s why they want to photograph, which was released with the authorization of Chen Xiaobo, and the picture comes from the Internet.

　　Cctv newsOn September 21, 2022, the Intermediate People’s Court of Tangshan City, Hebei Province publicly pronounced the case of Gong Daoan, former deputy mayor of Shanghai Municipal Government and former director of the Municipal Public Security Bureau, sentenced the defendant Gong Daoan to life imprisonment for accepting bribes, deprived him of his political rights for life, and confiscated all his personal property; The proceeds and fruits of Gong Daoan’s bribery crime shall be recovered according to law and turned over to the state treasury.

　　It was found through trial that from the second half of 1999 to July 2020, the defendant Gong Daoan used to be the deputy director of Jingzhou Public Security Bureau of Hubei Province, the director of the major crime investigation department of the Criminal Investigation Corps of Hubei Provincial Public Security Bureau, the chief of the Economic Crime Investigation Corps, the Standing Committee of Xianning Municipal Committee of Hubei Province, the secretary of the Political and Legal Committee, the director of the Municipal Public Security Bureau, and the deputy director and director of the Technical Investigation Bureau of the Ministry of Public Security. The convenience of the positions of the members of the Shanghai Municipal Party Committee, the deputy mayor and the director of the Municipal Public Security Bureau, as well as the convenient conditions for the formation of my authority and status, have provided assistance to relevant units and individuals in enterprise management, project contracting, case handling, job promotion, etc., and illegally accepted the property of relevant personnel, amounting to RMB 73.43 million.

　　The Tangshan Intermediate People’s Court held that the defendant Gong Daoan’s behavior constituted the crime of accepting bribes. Gong Daoan received a huge amount of bribes, and he should be severely punished according to law for seeking job promotion for others and taking advantage of his authority to intervene in case handling. Gong Daoan confessed his crimes truthfully after arriving at the case, voluntarily confessed some facts of bribery crimes that the case-handling organ had not yet mastered, pleaded guilty and repented, and all the stolen money and goods were recovered, which can be given a lighter punishment according to law. The court then made the above judgment.

The free release time of some toll stations in key sections of Hubei Province has been extended to 20 o’clock today.

In view of the recent traffic slowdown caused by bad weather in some sections of Guang Bei Expressway, Erguang Expressway and Beijing-Hong Kong-Macao Expressway in Hubei Province, Hubei has implemented free release for all vehicles from some toll stations in key sections. Due to the large traffic volume, the free release time has been extended to 20 o’clock today, which also facilitates the operation of machinery and equipment for shoveling ice and removing snow on the road, and ensures the smooth return of expressway arteries as soon as possible.

At present, the traffic control measures taken by highway toll stations in Hubei Province are mainly concentrated in Wuhan, Xiaogan, Jingzhou, Huanggang, Xianning and Suizhou.

Slow roads are mainly concentrated in 9 expressways, including Xuguang Expressway, Wushen Expressway, Hurong Expressway, Erguang Expressway, Fuyin Expressway, Daihuang Expressway, Hanxiao Expressway, Sihuan Expressway and Zaoshi Expressway.

In view of some slow-moving sections, especially the section from Xiantao to Jingzhou of the Shanghai-Chongqing Expressway, the Hubei transportation department timely coordinated the local transportation departments of Jingzhou, Xiantao and Qianjiang to deploy snow removal equipment to reinforce the expressway. Seize the gap between rain and snow, increase snow removal, remote diversion and transshipment, strengthen inter-provincial cooperation, and adopt remote control and early diversion. Using "all the way and many parties" to coordinate operations, we will organize the orderly passage and transshipment services of stranded vehicles by means of police cars clearing the way, formation running at low speed and traffic personnel escorting.

Previously reported: From 15: 00 to 18: 00 today, some toll stations in key sections of Hubei were released free of charge.

In view of the recent slow traffic caused by bad weather in some sections of the G45 Guang Bei Expressway, G55 Erguang Expressway and G4 Beijing-Hong Kong-Macao Expressway in Hubei Province, according to the spirit of the dispatching meeting of the Ministry of Transport, with the consent of the Hubei Provincial People’s Government, all vehicles driven out of some toll stations in key sections will be released free of charge from 15: 00 to 18: 00 on February 5, 2024, which will also facilitate the operation of machinery and equipment for shoveling ice and removing snow on the road, and ensure the smooth operation of expressway arteries as soon as possible.

At the same time, according to the principle of "nearby, parallel and high (ordinary highway with high technical level)", the Hubei Provincial Department of Transportation has formulated and issued a detailed vehicle diversion bypass scheme, and relevant local governments and transportation departments have set up vehicle diversion service stations to ensure all services for diverted vehicles in time.

As of 14: 00 on February 5th, there were still 100 expressway toll stations in the province taking traffic control measures due to road icing, mainly in Wuhan, Xiaogan, Jingzhou, Huanggang, Xianning and Suizhou. In addition, traffic control is implemented in some sections of an existing expressway, which is K55-K51 (Xintan to Xiangkou) of the two-way Dongjinghe Bridge of S13 Wujian Expressway.

The slow-moving sections are mainly concentrated in nine expressways, including G0421 Xuguang Expressway, G0422 Wushen Expressway, G42 Hurong Expressway, G55 Erguang Expressway, G70 Fuyin Expressway, S1 Daihuang Expressway, S2 Hanxiao Expressway, S40 Sihuan Expressway and S53 Zaoshi Expressway.

Today, official website of Final Fantasy 16 was officially launched, and at the same time, a lot of information related to this book was published on the website, including the story background, characters and game scenes. The official said that the next important content of Final Fantasy 16 will be released in 2021.

Main visual map of game

Game worldview-the land blessed by crystal light

The adventure story of Final Fantasy 16 takes place in a land called Valisthea, where huge luminous crystals are scattered everywhere, and people call them "Mothercrystals". People living in this land live and develop around the mother crystal, and the gathering place blessed by the mother crystal can prosper and develop, and people live a comfortable and happy life.

However, wars against mother crystal resources have gradually emerged. Rosaria Principality, Sanbreque Empire, Waloed Kingdom, Dhalmekian Republic and Iron Kingdom have risen with the wars and have their own culture and ideology. Although peace has been established between these countries, small-scale conflicts continue to occur. Until the "black belt" that devastatingly eroded the world appeared, the fragile peace finally deteriorated gradually.

Three characters trapped by fate

The young knight at the far left of the set picture is the tattooed man in the preview. His name is Clive Rosfield and he is the protagonist of Final Fantasy 16. Clive is the eldest son of Archduke Rosaria, and he is a strong shield to protect his younger brother Joshua (the host of the flame summoner Phoenix). In the story, Joshua gave Clive the blessing of Phoenix, so that he could also use the ability of Phoenix. However, with the development of the story, he gradually fell into a huge tragedy.

In the middle of the design, Clive’s younger brother Joshua Rosfield is also the host of the flame summoner Phoenix. The host has summoning power in the body and can exert special powers. As a host, Joshua can become a phoenix, and he fights to protect his own people. Although Joshua was born in the royal family, he is friendly and gentle to everyone, and he also has his own child side. Besides, Joshua hates eating carrots.

The woman at the far right of the set picture is called Jill Warwick. She and the Rosfield brothers grew up, so we can say that they know the roots well. Jill left her hometown Northern Territories at an early age, which is a tribe loyal to the Principality of Rosaria. She became a guardian in the Principality and also ensured peace and stability between her hometown and the Principality. Jill lived with the Rosfield brothers since childhood, and they spent their childhood together.

Threatening the summoners and hosts of the world.

For those who are familiar with the Final Fantasy series, "Eikon" is usually called summoning beast. There is no doubt that they are the most destructive and deadly creatures on the land of Valisthea in Final Fantasy 16. Summoning animals have the power to destroy a country, and they also live on people called hosts. The fate of these hosts depends on where they live. In some areas, they are honored as royalty, while in some areas, they are sent to the front as weapons of war.

In the "Awakening" notice of Final Fantasy 16, the summoners such as Phoenix, Titan), Shiva and Ifrit have officially appeared. As for how many other summoners and hosts there are on Valisthea and more information about fighting them, the official will announce them later.

For more information, please pay attention to:

　　Xinhua News Agency, Beijing, June 9th Title: Ecological beauty, industrial prosperity and cultural prosperity — — Knowledge of Ecological Priority and Green Development in Yangtze River Economic Belt

　　Xinhua news agency reporter

　　Rare creatures such as the smiling angel finless porpoise have returned, the chemical plants with chimneys have been rectified, and the "dusty" sand pier has disappeared … … Stepping into midsummer, the banks of the Yangtze River have become a good place for residents along the line to relax, exercise and enjoy the cool. Strolling by the river and playing by the river, I saw the river clear and green.

　　"We should grasp great protection and not engage in great development." Since 2016, in Chongqing in the upper reaches of the Yangtze River, Wuhan in the middle reaches and Nanjing in the lower reaches, the General Secretary of the Supreme Leader has held three symposiums to guide the high-quality development of the Yangtze River Economic Belt. He pointed out that "to promote the development of the Yangtze River Economic Belt, we must consider the long-term interests of the Chinese nation and take the road of ecological priority and green development".

　　General Secretary of the Supreme Leader stressed during his inspection tour in Yibin City, Sichuan Province on June 8 that protecting the ecological environment of the Yangtze River Basin is a prerequisite for promoting the high-quality development of the Yangtze River Economic Belt and an inevitable requirement for protecting the cradle of Chinese civilization.

　　In recent years, 11 provinces and cities in the Yangtze River Economic Belt have fully implemented the instructions of the Supreme Leader General Secretary, and a picture of beautiful ecology, prosperous industry and prosperous culture is slowly unfolding along the Yangtze River.

　　"Fish is fragrant and shallow" to realize the historic transformation of river management

　　"When we were doing scientific research, we ran a lot of river sections in the past and couldn’t catch the Yangtze sturgeon. Now we can catch several Yangtze sturgeons when we go down the net."

　　Yao Weizhi, a professor at the Fisheries College of Southwest University who has been engaged in the research on the protection of rare fish for a long time, said excitedly that the ban on fishing in the Yangtze River and the implementation of the Yangtze River Protection Law have reduced the interference of human activities on the Yangtze River sturgeon, and the protection effect is very obvious. "This rare fish can be preserved and will not be extinct! We are looking for a site suitable for the Yangtze sturgeon to spawn, so that the Yangtze sturgeon can breed naturally. "

This is a rare fish domestication base (drone photo) in the Three Gorges reservoir area, which was taken on February 25th, 2022. Xinhua News Agency reporter Tang Yushe

　　In the rare fish domestication base in the Three Gorges reservoir area of Wanzhou District, Chongqing, strips of Yangtze sturgeon swim in the river. The big Yangtze sturgeon is more than one meter long, and when it shakes its tail, it stirs up a lot of water. Yan Zhong, deputy director of Wanzhou Fisheries Research Institute, said that at present, the base has successfully reserved more than 100 parents of the Yangtze sturgeon, and tackled the problem of artificial propagation of the Yangtze sturgeon. It is expected to increase their population through proliferation and release.

　　The finless porpoise, which is also an indicator species of ecological health in the Yangtze River, is no longer hard to find. In Yueyang, Hunan, Yichang, Hubei, Maanshan, Anhui, Yangzhou, Jiangsu … … The finless porpoise, which was almost extinct in the past, has appeared frequently in recent years and has become a scene along the Yangtze River.

　　"When patrolling the river, you can often see a group of newly born small fry, and the number is large." By the Yangtze River in Rouge Garden, Yichang City, Hubei Province, the police of the Yangtze River Shipping Public Security Bureau told reporters rigorously: "In the urban riverside area, you can often see the finless porpoise family preying and playing. The number of aquatic organisms in the Yangtze River is recovering at a speed visible to the naked eye. "

In the Institute of Hydrobiology, Chinese Academy of Sciences, Wuhan, the Yangtze finless porpoise mother and baby finless porpoise swim in the water (photo taken on July 5, 2021). Xinhua News Agency reporter Xiao Yijiu photo

　　In Anqing City, Anhui Province, the finless porpoise patrol team composed of fishermen ashore is carrying out patrol work along the Yangtze River. As the patrol boat makes waves on the water surface, finless porpoises can be seen jumping out of the water from time to time. According to the relevant person in charge of Anqing Ecological Environment Bureau, the number of finless porpoises in Anqing section of the Yangtze River has risen to 180 to 200.

　　"Fish Xiang shallow bottom" has become a vivid footnote for the continuous improvement of the ecological environment of the Yangtze River, and the mother river has a new look. This was unimaginable a few years ago. At that time, after a long period of development and construction, "the Yangtze River was sick, and it was not very sick."

　　Under the guidance of the concept of "Great Protection, No Great Development", the Yangtze River shoreline was comprehensively improved, the chemical enterprises along the Yangtze River were changed to green transformation, the sewage outlets entering the Yangtze River were traced back to the source, and the key waters in the Yangtze River basin were closed for 10 years, and the Yangtze River Protection Law &hellip was formulated and promulgated; … The battle for ecological protection started along the Yangtze River.

The "Ten-year Fishing Ban" in key waters of the Yangtze River Basin was launched in an all-round way (Chongqing Branch) at the Law Enforcement Ship Terminal in jiangbei mouth, Chongqing (photo taken on December 31, 2020). Xinhua News Agency reporter Tang Yushe

　　People don’t live up to rivers, and rivers will live up to people. According to the data of the Ministry of Ecology and Environment, after 2020, the annual average water quality of the main stream of the Yangtze River once again reached Class II in 2021, and the proportion of state-controlled sections with excellent water quality in the Yangtze River basin also increased to 97.1%, an increase of 1.2 percentage points year-on-year.

　　Regional coordination leads high-quality economic development.

　　"Maanshan and Nanjing are becoming more and more integrated, not only roads, urban construction and other infrastructure are integrated planning, but also industrial coordination, public services, social governance and other aspects are closer ‘ Seamless connection ’ Enterprises here are just like in Nanjing! " Yi Xinyu, head of the Maanshan project of Nanjing Tengya Industrial Group, said.

　　Located in the new functional area adjacent to Ningma province at the junction of Maanshan city and Nanjing city, Tengya environmental control intelligent equipment manufacturing and industrial chain supporting projects are in full swing. This is the "second son" of Tengya Industrial Group in Maanshan, Anhui Province. It is expected to be completed by the end of the year. After the production, the annual output value will be 1.5 billion yuan and the tax revenue will be 100 million yuan.

　　All adjacent areas of Maanshan and Nanjing have achieved full coverage of cross-border integrated development, and the construction of several projects has been accelerating. Huang Wei, director of the Regional Cooperation Office of the Development and Reform Commission of Maanshan City, said that the implementation of the development strategy of the Yangtze River Economic Belt not only optimized the ecological environment of Maanshan, but also prompted Maanshan to carry out upstream and downstream cooperation and continue to answer the required questions of the transformation and upgrading of manufacturing industry as an old industrial city.

　　Despite the adverse effects caused by the COVID-19 epidemic, Wuhan East Lake New Technology Development Zone, known as "China’s Optical Valley", has achieved continuous growth against the trend: in the first quarter of 2022, the regional GDP was 53.86 billion yuan, up 8.1% year-on-year, and the industrial added value increased by 22.7% year-on-year & hellip; …

This is the scene of the "5G+ Industrial Internet Achievement Exhibition" filmed at China Optics Valley Science and Technology Exhibition Center in Wuhan on November 20, 2021. Xinhua News Agency (photo by Wu Zhizun)

　　"This is due to the overall advantages of the synergy of the Yangtze River Economic Belt." Zhang Yongqiang, director of the Management Committee of Wuhan East Lake New Technology Development Zone, said that relying on the new advantages of innovation-driven development and its core position in the industrial chain, the current East Lake New Technology Development Zone has accelerated the development of the trillion-dollar optoelectronic information industry cluster of "light, core, screen, terminal and network" and is working with cities such as Chongqing and Hefei to create a new display industry cluster development zone.

Employees of Wuhan Xinxin Integrated Circuit Manufacturing Co., Ltd. are inspecting chip manufacturing equipment (photo taken on February 14, 2020). Xinhua News Agency reporter Wang Yuguo photo

　　In Chongqing Orchard Port at the western end of the Yangtze River Golden Waterway, ro-ro ships and trains arrive one after another, and the "Belt and Road" is seamlessly connected with the Yangtze River Economic Belt.

The staff of Chongqing Customs conducted an inspection before the departure of the first outbound train of "Railway Express" in China-Laos Railway, a new land-sea passage in China (photo taken on May 21, 2022). Xinhua News Agency reporter Tang Yushe

China-Myanmar new channel (Chongqing — Lincang — Myanmar) The international railway train started smoothly from Yuzui Station in Chongqing Orchard Port (photo taken on May 23, 2022, photo of drone). Xinhua News Agency reporter Tang Yushe

　　"Domestic machinery and equipment, automobile and motorcycle products, electronic products, etc. are transported to Central Asia, Europe and Southeast Asia by China-Europe trains and through the new land and sea passages in the west; Foreign minerals, agricultural products, mechanical and electrical equipment, etc. arrived at Orchard Port and then distributed to the whole country along the Yangtze River. " The relevant person in charge of Chongqing Orchard Container Terminal Co., Ltd. said.

Workers work in the first intelligent "Lighthouse Factory" project in the southwest of Sany Group in Liangjiang New District, Chongqing (photo taken on July 19, 2021). Xinhua News Agency reporter Xu Qinshe

　　Nowadays, Chongqing, which is at the forefront of opening up, attracts global capital and regional headquarters, and local pillar industries such as automobile, electronics and equipment manufacturing speed up the chain repair. Located in the first intelligent "lighthouse factory" in the southwest of Sany Group in Liangjiang New District of Chongqing, a large excavator can be off the assembly line in about 17 minutes. "The project settled in Chongqing, not only radiating the southwest market, but also opening up overseas markets such as Europe and Southeast Asia." The relevant person in charge of Sany Group said.

　　Harmonious integration of mountains, rivers, people and cities

　　During the Dragon Boat Festival holiday, after a light rain, long benches and plastic benches were placed in front of Quyuan Temple in Lepingli, Quyuan Town, Zigui County, Hubei Province, and more than 130 peasant poets sat around the tree to hold this year’s Dragon Boat Festival poetry meeting. The simplicity of the stage did not affect everyone’s interest at all. Peasant poets who took root in the soil appeared one after another, and the original singing of Chu echoed over Quyuan Temple … …

Qu Yuan’s hometown Residents in Zigui County, Yichang City, Hubei Province are making zongzi (photo taken on June 11, 2021). Xinhua News Agency reporter Xiao Yijiu photo

　　Having carried sandbags, made leather shoes and entered factories, Tan Jiachen, a 47-year-old peasant poet, specially wrote two poems this year to commemorate the Dragon Boat Festival. According to him, over the years, during the Dragon Boat Festival, members of the poetry club will return to the Quyuan Temple in Lepingli to show their poems in memory of Qu Yuan with the original aria of Chu Ci.

In 2022, the "hometown of Qu Yuan" China Dragon Boat Race (Yichang) was held in front of the Three Gorges Dam in Zigui County, Yichang City, Hubei Province (photo taken on June 3, 2022). Xinhua News Agency (photo by Wu Zhizun)

　　As the hometown of Qu Yuan, Yichang has integrated Qu Yuan culture into the urban texture. Strolling through the streets of the city, the imprint of Qu Yuan’s culture is scattered among them.

　　The river is endless and the context is endless.

　　While protecting and inheriting, the creative transformation and innovative development of the cultural heritage of the Yangtze River are accelerating. From the cultural relics desserts in Hubei Museum being sought after, to the industrial sites along the Yangtze River becoming "online celebrity" punch points, and then to Huangmei Opera and other non-legacy short videos, they have repeatedly become explosions on the Internet … … The cultural resources of the Yangtze River are exerting greater social value. (Reporter Li Siyuan, Zhou Kai, Wang Haiyue, Ma Yurui)

　　In May, in Port Klang, Malaysia, a container carrying garbage stinks. Malaysia’s environment minister, Yang Meiying, said that she would return the maggot-bearing garbage to … …

　　Recently, a reporter from Bloomberg wrote this scene into a news report, saying that Yang Meiying’s words represented a concern that spread throughout Southeast Asia. A lot of rubbish from Europe and America is weighing on Southeast Asian countries and losing patience. As foreign media said, for developed countries that export garbage, a message should be clear: their own garbage should be handled by themselves.

　　Southeast Asia refuses to become a garbage dump

　　Recently, the voice of rejecting "foreign garbage" has continued to rise in Southeast Asian countries.

　　Indonesia’s Jakarta Times reported on July 9th that Indonesian customs had once again seized a large number of harmful waste from Australia in the country’s ports and would "send the garbage back to their hometown". The week before, the Indonesian government just announced that it would return 49 containers filled with "foreign garbage" to many developed countries including France.

　　For a long time in the past, developed countries such as the United States, Britain, Germany, Canada, Australia, and Japan exported an amazing amount of "foreign garbage" to many developing countries in Asia, such as China, Malaysia, and the Philippines. Since last year, the "foreign garbage burden" faced by Southeast Asian countries has become heavier.

　　In January 2018, China officially implemented the "foreign garbage" ban, totally banning the import of 24 kinds of solid wastes in 4 categories. Since then, garbage collectors in Europe and America have turned their attention to other Asian markets, especially Southeast Asian countries such as Thailand, Malaysia and Indonesia.

　　Take Germany as an example. According to the data provided by German media, in 2017, the country exported 600 tons of plastic waste to Indonesia, and in the first 10 months of 2018, this figure increased to 49,500 tons. According to another data, in the first six months of 2018, the amount of garbage exported to Malaysia increased from 168,500 tons in 2016 to 456,000 tons.

　　The increasing "foreign garbage" has brought serious harm to the ecological environment and people’s health in Southeast Asian countries. Under the heavy pressure, countries have successively introduced restrictive measures and related laws to prohibit the import of garbage, saying "no" to "foreign garbage".

　　In June, the Philippines insisted on sending 69 containers containing illegally imported garbage back to Canada at the expense of "diplomatic war". In May, Malaysia also announced that it would send 450 tons of imported garbage back to Australia, Canada, Japan, the United States and other places.

　　In addition, since last year, some Southeast Asian countries have legislated one after another to put a legal yoke on "foreign garbage". The Thai government announced that the import of plastic waste will be banned by 2021. The Vietnamese government also said that it would stop issuing new garbage import licenses, and "the country cannot become a garbage dump".

　　"At present, Indonesia, the Philippines and other countries are interested in importing ‘ Foreign garbage ’ Take severe crackdown measures, mainly including strengthening customs supervision and inspection, and further strengthening the formulation and improvement of relevant laws in China. " Xu Liping, a researcher at the Asia-Pacific and Global Strategy Institute of China Academy of Social Sciences, said in an interview with this reporter.

　　The ban forced the industrial chain to update.

　　"Due to the development gap between developing countries and developed countries in terms of economy, technology and national legal system construction, waste producers in developed countries choose irresponsible export methods in order to reduce the cost of waste disposal as much as possible, but they cannot effectively supervise waste trade in developing countries in terms of environmental law enforcement and technology, which leads to developing countries becoming developed countries ‘ Garbage dump ’ 。” Tan Quanyin, assistant researcher of Tsinghua University Institute of Environment and director of the comprehensive office of Basel Convention Asia-Pacific Regional Center, pointed out in an interview with this reporter that this is the main reason why China and Southeast Asian countries are generally faced with the problem of "foreign garbage".

　　According to the statistics of the World Bank, the population of developed countries only accounts for 16% of the world’s population, but they produce 34% of the world’s garbage. Exporting solid waste to developing countries for treatment, recovery and reuse, which is a common practice in many developed countries, can bring certain economic benefits, but it makes developing countries bear huge social and environmental costs.

　　Water pollution, crops withering and people getting sick … … "Deutsche Welle" recently pointed out that these "foreign garbage" have brought great environmental and social harm to Southeast Asian countries after paying attention to the environmental damage caused by garbage disposal in a small town in Kuala Lumpur, Malaysia.

　　"processing ‘ Foreign garbage ’ In addition to incineration and burial, sorting and some technical means are needed, and Southeast Asian countries do not have the ability to handle a large number of ‘ Foreign garbage ’ The ability. In addition, the ecological environment of some Southeast Asian countries is relatively fragile, and they are already facing challenges such as marine garbage and sewage. ‘ Foreign garbage ’ The massive influx will cause fatal damage to the local ecological environment and even devastating effects, which is extremely unfavorable to the development of these countries. " Xu Liping said.

　　Nowadays, with the multiple hazards caused by "foreign garbage" becoming increasingly prominent and the overall environmental awareness of Southeast Asian countries increasing, more and more countries choose "zero tolerance" for "foreign garbage". The "foreign garbage" ban issued by China last year has set an example for developing countries facing similar troubles to follow.

　　据新加坡《海峡时报》报道，6月20日，在第34届东盟峰会举行之前，一群抗议者出现在泰国曼谷的一座政府大楼前，呼吁东盟国家禁止“从世界任何地方”向该地区出口废物。

　　对此，英国回收协会负责人认为，中国的“洋垃圾”禁令是一件好事，既可以倒逼更多资金投入垃圾处理技术的研发，也可以倒逼从商品制造到垃圾处理的整个产业链进行更新。

　　“自己的垃圾应自己解决”

　　根据世界银行的数据，2050年，人类制造的固体垃圾将上升到34亿吨。随着越来越多东南亚国家拒绝“接盘”，发达国家又将如何安置它们的垃圾？

　　有分析称，也许非洲将成为发达国家的下一个目标。然而，寻找“下家”只是不负责任的应急之举。发达国家真正该思考的，不是如何将垃圾压力转嫁他国，而是如何从源头根治问题。

　　彭博社称，解决办法可能在于新科技和社会行为的改变，从而减少甚至消除对垃圾填埋场和焚化炉的需求。而对发达国家来说，尤为迫切的是应学会自己处理垃圾。

　　5月10日，在瑞士日内瓦，包括中国在内的186个国家共同通过了一项决定，不再允许发达国家将其塑料垃圾随便丢给发展中国家处理。有日媒称，这对国际间的垃圾进出口施加了更进一步的严格限制。

　　“‘ Foreign garbage ’ The problem has a long history. It is both a developing problem and a global governance problem. It involves many countries and needs to raise awareness from the global level, and introduce relevant international laws to carry out comprehensive governance. " Xu Liping pointed out that relevant countries, especially developed countries, as the main producers of most "foreign garbage", should bear the responsibility to dispose of garbage at home, instead of dumping it in developing countries and shirking their responsibilities. "In addition, developing countries should also strengthen their relevant legislation and law enforcement to further block ‘ Foreign garbage ’ Import channels. "

　　Tan Quanyin also believes that solving the problem of "foreign garbage" requires a comprehensive plan to treat both the symptoms and the root causes. On the one hand, developed countries should adopt more responsible garbage disposal methods, strengthen the capacity building of domestic facilities, realize environmentally sound management of waste in China, and strengthen law enforcement to prevent illegal export of waste; On the other hand, countries should make joint efforts, while advocating and practicing sustainable production and consumption, and improving the level of cleaner production technology, strengthen cooperation, earnestly assume the responsibility of harmless management of their own waste, and promote the inclusion of the life-cycle responsibility system of waste in the framework of international law, fulfill relevant obligations, and perform their respective duties. (Our reporter Yan Yu)

Part III Contract

General rules for Part I

Chapter I General Provisions

Article 463 This Part regulates civil relations arising from contracts.

Article 464 A contract is an agreement between civil subjects to establish, change or terminate a civil legal relationship.

Agreements on identity relations such as marriage, adoption and guardianship shall be governed by the legal provisions on such identity relations; If there are no provisions, the provisions of this part can be applied according to their nature.

Article 465 A lawfully formed contract shall be protected by law.

A legally established contract is legally binding only on the parties, except as otherwise provided by law.

Article 466 If the parties have disputes over the understanding of the terms of the contract, they shall determine the meaning of the disputed terms in accordance with the provisions of the first paragraph of Article 142 of this Law.

Where a contract text is concluded in two or more languages and the agreement is equally authentic, the words and expressions used in each text are presumed to have the same meaning. If the words and expressions used in each text are inconsistent, they shall be interpreted according to the relevant terms, nature, purpose and principle of good faith of the contract.

Article 467 For contracts not expressly provided for in this Law or other laws, the provisions of the General Principles in this Part shall apply, and the provisions of the most similar contracts in this Part or other laws may be applied by reference.

Chinese-foreign equity joint venture contracts, Chinese-foreign contractual joint venture contracts and Chinese-foreign cooperative exploration and development contracts in People’s Republic of China (PRC) shall be governed by the laws of People’s Republic of China (PRC).

Article 468 For the creditor-debtor relationship not arising from the contract, the legal provisions concerning the creditor-debtor relationship shall apply; Where there are no provisions, the relevant provisions of this General Rules shall apply, except those that cannot be applied according to their nature.

Chapter II Formation of Contracts

Article 469 The parties may conclude a contract in writing, orally or in other forms.

The written form is a contract, letter, telegram, telex, fax and other forms that can tangibly express the contents contained.

Data messages that can tangibly express the contents by electronic data interchange, e-mail, etc., and can be retrieved at any time, are regarded as written forms.

Article 470 The contents of a contract shall be agreed upon by the parties, and generally include the following clauses:

(1) The name and domicile of the party concerned;

(2) the subject matter;

(3) quantity;

(4) quality;

(5) Price or remuneration;

(6) Time limit, place and method of performance;

(7) Liability for breach of contract;

(8) Methods for resolving disputes.

The parties may conclude a contract by referring to the model texts of various contracts.

Article 471 The parties may conclude a contract by offer, acceptance or other means.

Article 472 An offer is an expression of intention to conclude a contract with another person, which shall meet the following conditions:

(a) specific content;

(2) The offeror is bound by the expression of will by indicating that he has accepted the offer.

An invitation to offer is an expression of the hope that others will make an offer to themselves. Auction announcement, tender announcement, prospectus, bond raising method, fund prospectus, commercial advertisement and publicity, and sent price list are invitations to offer.

If the contents of commercial advertisements and propaganda meet the conditions of the offer, it constitutes an offer.

Article 474 The time when an offer takes effect shall be governed by the provisions of Article 137 of this Law.

Article 475 An offer may be withdrawn. The withdrawal of an offer shall be governed by the provisions of Article 141 of this Law.

Article 476 An offer may be revoked, except in any of the following circumstances:

(1) The offeror expressly states that the offer is irrevocable by determining the time limit for acceptance or other forms;

(2) The offeree has reason to believe that the offer is irrevocable and has made reasonable preparations for the performance of the contract.

Article 477 If the expression of intention to cancel an offer is made through dialogue, the content of the expression of intention shall be known to the offeree before the offeree makes an acceptance; If the intention to cancel an offer is made in a non-dialogue way, it shall reach the offeree before the offeree makes an acceptance.

Article 478 An offer is invalid under any of the following circumstances:

(1) The offer is rejected;

(2) The offer is revoked according to law;

(3) When the acceptance period expires, the offeree fails to make an acceptance;

(4) The offeree makes substantial changes to the contents of the offer.

Article 479 Acceptance is an expression of the intention of the offeree to agree to the offer.

Article 480 Acceptance shall be made by notice; However, according to the trading habits or offers, it is indicated that a promise can be made through behavior.

Article 481 Acceptance shall reach the offeror within the time limit specified in the offer.

If the offer does not specify the time limit for acceptance, the acceptance shall arrive in accordance with the following provisions:

(1) If the offer is made through dialogue, it shall be accepted immediately;

(2) If the offer is made by non-dialogue, the acceptance shall arrive within a reasonable time.

Article 482 Where an offer is made by letter or telegram, the time limit for acceptance shall be counted from the date specified in the letter or the date when the telegram is delivered. If the letter is not dated, it shall be counted from the postmark date of posting the letter. If the offer is made by telephone, fax or e-mail, the acceptance period shall be counted from the time when the offer reaches the offeree.

Article 483 A contract is formed when an acceptance becomes effective, except as otherwise provided by law or agreed by the parties.

Article 484 The provisions of Article 137 of this Law shall apply to the time when an acceptance made by notice takes effect.

If the acceptance does not need to be notified, it will take effect when the acceptance is made according to the trading habits or the requirements of the offer.

Article 485 Acceptance may be revoked. The withdrawal of an acceptance shall be governed by the provisions of Article 141 of this Law.

Article 486 Where the offeree makes an acceptance beyond the time limit for acceptance, or makes an acceptance within the time limit for acceptance, which cannot reach the offeror in time under normal circumstances, it is a new offer; However, unless the offeror timely informs the offeree that the acceptance is valid.

Article 487 Acceptance by the offeree within the time limit for acceptance, which can normally reach the offeror in time, but if the acceptance reaches the offeror beyond the time limit for acceptance due to other reasons, the acceptance is valid unless the offeror promptly notifies the offeree that it will not accept the acceptance due to the overdue acceptance.

Article 488 The content of acceptance shall be consistent with the content of offer. If the offeree makes substantial changes to the contents of the offer, it is a new offer. Changes in the subject matter of the contract, quantity, quality, price or remuneration, time limit, place and method of performance, liability for breach of contract and dispute settlement methods are substantial changes to the contents of the offer.

Article 489 An acceptance to make an immaterial change in the contents of an offer is valid, unless the offeror objects in time or the offer indicates that the acceptance shall not make any change in the contents of the offer, and the contents of the contract shall prevail.

Article 490 Where a contract is concluded by the parties in the form of a contract, the contract is formed when all the parties sign, seal or fingerprint it. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.

A contract shall be concluded in writing as stipulated by laws and administrative regulations or agreed by the parties. If the parties fail to do so in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.

Article 491 Where the parties conclude a contract in the form of letters, data messages, etc. and require the signing of a letter of confirmation, the contract is established when the letter of confirmation is signed.

If the information of goods or services released by one party through the Internet and other information networks meets the conditions of the offer, the contract will be established when the other party chooses the goods or services and submits the order successfully, unless otherwise agreed by the parties.

Article 492 The place where the acceptance takes effect is the place where the contract is established.

Where a contract is concluded in the form of a data message, the recipient’s principal place of business is the place where the contract is established; If there is no main business place, its domicile is the place where the contract is established. Unless otherwise agreed by the parties, such agreement shall prevail.

Article 493 Where the parties conclude a contract in the form of a contract, the place of final signature, seal or fingerprinting shall be the place where the contract is established, unless otherwise agreed by the parties.

Article 494 Where the State issues national ordering tasks or mandatory tasks according to emergency rescue and disaster relief, epidemic prevention and control or other needs, the relevant civil subjects shall conclude a contract in accordance with the rights and obligations stipulated in relevant laws and administrative regulations.

A party obligated to make an offer in accordance with the provisions of laws and administrative regulations shall make a reasonable offer in time.

A party who has the obligation to make a commitment in accordance with the provisions of laws and administrative regulations may not refuse the other party’s reasonable request for concluding a contract.

Article 495 Subscription Letter, Order Letter, Reservation Letter, etc., which the parties agree to conclude a contract within a certain period of time in the future, constitute an appointment contract.

If one party fails to perform the obligation of concluding a contract as stipulated in the appointment contract, the other party may request it to bear the liability for breach of the appointment contract.

Article 496 Standard Terms are terms drawn up by the parties in advance for reuse, and they were not consulted with each other when concluding the contract.

Where a contract is concluded by standard terms, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures to remind the other party of the terms that are of great interest to the other party, such as exempting or reducing its responsibilities, and explain the terms according to the other party’s requirements. If the party providing the standard terms fails to perform the obligation of prompting or explaining, so that the other party fails to pay attention to or understand the terms that have a significant interest in it, the other party may claim that the terms will not become the content of the contract.

Article 497 The standard clause is invalid under any of the following circumstances:

(1) It is invalid as stipulated in Section 3 of Chapter 6 of Part I of this Law and Article 506 of this Law;

(2) The party providing the standard terms unreasonably exempts or lightens its responsibility, aggravates the other party’s responsibility or restricts the other party’s main rights;

(3) The party providing the standard terms excludes the other party’s main rights.

Article 498 In case of any dispute over the understanding of the standard terms, it shall be interpreted according to the usual understanding. If there are more than two interpretations of the standard terms, an interpretation that is unfavorable to the party providing the standard terms shall be made. If the standard terms and non-standard terms are inconsistent, the non-standard terms shall be adopted.

Article 499 Where a reward person publicly declares that he will pay a reward to the person who has completed a specific act, the person who has completed the act may request him to pay.

Article 500 In the course of concluding a contract, the parties shall be liable for compensation in case of any of the following circumstances, which cause losses to the other party:

(a) under the guise of concluding a contract, malicious consultation;

(2) Deliberately concealing important facts related to the conclusion of a contract or providing false information;

(three) there are other acts that violate the principle of good faith.

Article 501 Business secrets or other information that should be kept confidential that the parties know in the process of concluding a contract shall not be disclosed or used improperly, regardless of whether the contract is established or not; Whoever divulges or improperly uses the business secret or information, thus causing losses to the other party, shall be liable for compensation.

Chapter III Validity of Contract

Article 502 A lawfully formed contract shall become effective upon its formation, unless otherwise provided by law or agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract should go through the formalities of approval, such provisions shall prevail. If the failure to go through the formalities of approval and so on affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party who should go through the formalities of applying for approval fails to perform his obligations, the other party may request him to bear the responsibility for violating the obligations.

In accordance with the provisions of laws and administrative regulations, the provisions of the preceding paragraph shall apply to the modification, assignment and dissolution of the contract, which should be approved.

Article 503 Where an unauthorized agent enters into a contract in the name of the principal, and the principal has started to perform the contractual obligations or accepted the performance of the counterpart, it shall be deemed as ratification of the contract.

Article 504 A contract concluded by the legal representative of a legal person or the person in charge of an organization without legal personality exceeds its authority, unless the other party knows or should know that it has exceeded its authority, the representative’s behavior is valid, and the contract concluded is effective for the legal person or the organization without legal personality.

Article 505 The validity of a contract concluded by the parties beyond the scope of business shall be determined in accordance with Section 3 of Chapter VI of Part I of this Law and the relevant provisions of this Part, and the contract shall not be invalidated merely by exceeding the scope of business.

Article 506 The following exemption clauses in the contract are invalid:

(1) Causing personal injury to the other party;

(2) Causing property losses to the other party due to intentional or gross negligence.

Article 507 Non-entry into force, invalidity, cancellation or termination of a contract shall not affect the validity of the clauses on dispute settlement in the contract.

Article 508 Where there are no provisions on the validity of a contract in this Part, the relevant provisions in Chapter VI of Part I of this Law shall apply.

Chapter IV Performance of the Contract

Article 509 The parties shall fully perform their obligations as agreed.

The parties shall follow the principle of good faith and fulfill the obligations of notification, assistance and confidentiality according to the nature, purpose and trading habits of the contract.

During the performance of the contract, the parties concerned should avoid wasting resources, polluting the environment and destroying the ecology.

Article 510 After the contract comes into effect, if the parties have not agreed or clearly agreed on the quality, price or remuneration, place of performance, etc., they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or trading habits.

Article 511 Where the parties’ agreement on the contents of the relevant contract is unclear and cannot be determined according to the provisions of the preceding article, the following provisions shall apply:

(a) the quality requirements are not clear, in accordance with the mandatory national standards; If there is no mandatory national standard, it shall be implemented in accordance with the recommended national standard; If there is no recommended national standard, it shall be implemented in accordance with industry standards; If there is no national standard or industry standard, it shall be performed according to the usual standard or the specific standard that meets the purpose of the contract.

(2) If the price or remuneration is unclear, it shall be performed according to the market price at the place of performance when the contract is concluded; If government pricing or government-guided pricing should be implemented according to law, it shall be implemented in accordance with the provisions.

(3) Where the place of performance is not clear, if the money is paid, it shall be performed at the place where the party receiving the money is located; Where real estate is delivered, it shall be performed at the place where the real estate is located; Other targets shall be performed at the place where the party performing the obligation is located.

(4) If the time limit for performance is unclear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given necessary preparation time.

(5) If the method of performance is not clear, it shall be performed in a way conducive to the realization of the purpose of the contract.

(6) If the burden of performance expenses is unclear, it shall be borne by the party performing the obligation; The performance expenses increased due to the creditor’s reasons shall be borne by the creditor.

Article 512 Where the subject matter of an electronic contract concluded through an information network such as the Internet is the delivery of goods and delivered by express logistics, the time of receipt by the consignee shall be the delivery time. If the object of an electronic contract is to provide services, the time specified in the generated electronic certificate or physical voucher shall be the time for providing services; If the time is not specified in the above-mentioned vouchers or the time specified is inconsistent with the actual time of providing services, the actual time of providing services shall prevail.

The subject matter of an electronic contract is delivered by online transmission, and the time when the subject matter of the contract enters the specific system designated by the other party and can be retrieved and identified is the delivery time.

If the parties to an electronic contract have otherwise agreed on the way and time of delivering goods or providing services, such agreement shall prevail.

Article 513 Where government pricing or government-guided pricing is implemented, when the government price is adjusted within the delivery period stipulated in the contract, it shall be priced according to the price at the time of delivery. In case of overdue delivery of the subject matter, when the price rises, the original price shall prevail; When the price drops, the new price shall prevail. Overdue extraction of the subject matter or overdue payment, in case of price increase, according to the new price; When the price drops, the original price shall prevail.

Article 514 Unless otherwise provided by law or agreed by the parties, the creditor may request the debtor to perform the debt in the legal tender of the place where it is actually performed.

Article 515 Where there are multiple objects and the debtor only needs to perform one of them, the debtor has the right to choose; However, unless otherwise provided by law, agreed by the parties or trading habits.

If the party entitled to the option fails to make a choice within the agreed time limit or the expiration of the performance period, and fails to make a choice within a reasonable time after being urged, the option shall be transferred to the other party.

Article 516 When exercising the right of option, the parties shall notify the other party in time, and when the notice reaches the other party, the subject matter shall be determined. The subject matter shall not be changed after it is determined, except with the consent of the other party.

Where the optional subject matter cannot be performed, the party entitled to the option shall not choose the subject matter that cannot be performed, unless the performance is caused by the other party.

Article 517 Where there are two or more creditors, and the subject matter can be divided, if each creditor enjoys the creditor’s rights according to the share, it is the creditor’s rights according to the share; If there are two or more debtors, the subject matter can be divided, and each debtor bears the debt according to its share, it is a debt by shares.

If it is difficult to determine the shares of the creditors or debtors by shares, the shares shall be deemed to be the same.

Article 518 Where there are two or more creditors, and all or part of the creditors can request the debtor to perform the debt, it is a joint creditor’s right; Where there are more than two debtors, and the creditor may request part or all of the debtors to perform all the debts, it is a joint debt.

Joint creditor’s rights or joint debts shall be prescribed by law or agreed by the parties.

Article 519 Where it is difficult to determine the share between the joint debtors, it shall be deemed that the share is the same.

A joint debtor who actually undertakes more debts than his own share has the right to recover the excess from other joint debtors within the range of unfulfilled shares, and enjoy the rights of creditors accordingly, but it shall not harm the interests of creditors. Other joint debtors’ defenses against creditors may claim against the debtor.

If the recovered joint and several debtors cannot fulfill their share, the other joint and several debtors shall share it in proportion within the corresponding scope.

Article 520 Where a part of the debtor is jointly and severally liable to perform, offset or deposit the subject matter, the debts of the other debtors to the creditors shall be extinguished within the corresponding scope; The debtor may claim compensation from other debtors in accordance with the provisions of the preceding article.

If the debts of some joint debtors are exempted by the creditors, the debts of other debtors to the creditors shall be eliminated within the scope of the joint debtors’ share.

If the debts of some joint debtors and the creditor’s rights belong to one person, the creditor’s rights against other debtors will continue to exist after deducting the debtor’s share.

Where the creditor’s payment to some joint debtors is delayed, it will be effective to other joint debtors.

Article 521 Where it is difficult to determine the share between joint and several creditors, it shall be deemed that the share is the same.

The joint creditors who actually receive the creditor’s rights shall return them to other joint creditors in proportion.

Joint and several creditor’s rights refer to the relevant provisions of this chapter on joint and several debts.

Article 522 Where the parties agreed that the debtor should perform the debt to the third person, and the debtor failed to perform the debt to the third person or the performance was not in conformity with the agreement, it shall be liable to the creditor for breach of contract.

If the law stipulates or the parties agree that a third party may directly request the debtor to perform its debts, and the third party fails to explicitly refuse within a reasonable period, or the debtor fails to perform its debts to the third party or the performance is not in conformity with the agreement, the third party may request the debtor to bear the liability for breach of contract; The debtor’s defense against the creditor may be claimed by a third party.

Article 523 Where the parties agreed that the third person should perform the debt to the creditor, and the third person failed to perform the debt or the performance of the debt did not conform to the agreement, the debtor shall be liable for breach of contract to the creditor.

Article 524 Where the debtor fails to perform the debt and a third party has a legitimate interest in performing the debt, the third party has the right to perform it on behalf of the creditor; However, unless it can only be performed by the debtor according to the nature of the debt, according to the agreement of the parties or according to the law.

After the creditor accepts the performance of the third party, its creditor’s right to the debtor is transferred to the third party, unless otherwise agreed by the debtor and the third party.

Article 525 Where the parties owe debts to each other and there is no order of performance, they shall perform at the same time. One party has the right to refuse the performance request before the other party performs it. One party has the right to reject the corresponding performance request of the other party when the performance of the debt is not in conformity with the contract.

Article 526 Where the parties owe debts to each other, and there is a sequence of performance, they shall perform the debts first. If one party fails to perform the debts, the latter party has the right to refuse its request for performance. If the performance of the debt by the first party fails to meet the agreement, the second party has the right to refuse its corresponding performance request.

Article 527 The party who should perform the debt first may suspend the performance if there is definite evidence to prove that the other party is under any of the following circumstances:

(a) the business situation has deteriorated seriously;

(2) Transferring property or withdrawing funds to avoid debts;

(3) Loss of business reputation;

(four) there are other circumstances that have lost or may lose the ability to perform debts.

If a party suspends performance without definite evidence, it shall be liable for breach of contract.

Article 528 Where a party suspends performance in accordance with the provisions of the preceding article, it shall promptly notify the other party. If the other party provides an appropriate guarantee, it shall resume performance. After the suspension of performance, if the other party fails to recover its performance ability within a reasonable period of time and fails to provide appropriate guarantee, it shall be deemed that it has failed to perform its main debt by its own behavior, and the party that suspends performance may terminate the contract and request the other party to bear the liability for breach of contract.

Article 529 Where the creditor fails to notify the debtor of the division, merger or change of domicile, thus making it difficult to perform the debt, the debtor may suspend the performance or deposit the subject matter.

Article 530 Creditors may refuse the debtor’s early performance of the debt, except that the early performance does not harm the creditors’ interests.

The expenses incurred by the creditor due to the debtor’s early performance of the debt shall be borne by the debtor.

Article 531 The obligee may refuse the obligor’s partial performance, unless the partial performance does not harm the obligee’s interests.

The expenses incurred by the creditor due to the partial performance of the debt by the debtor shall be borne by the debtor.

Article 532 After the contract comes into effect, the parties may not fail to perform their contractual obligations due to the change of their names or legal representatives, responsible persons and contractors.

Article 533 After the conclusion of a contract, the basic conditions of the contract have changed significantly, which were not foreseeable by the parties when concluding the contract and did not belong to commercial risks. If it is obviously unfair for one party to continue to perform the contract, the adversely affected party may renegotiate with the other party; If negotiation fails within a reasonable time, the parties may request the people’s court or arbitration institution to modify or terminate the contract.

The people’s court or arbitration institution shall, in light of the actual situation of the case, modify or terminate the contract according to the principle of fairness.

Article 534 Where the parties use the contract to commit acts that endanger the national interests and social public interests, the market supervision and management and other relevant administrative departments shall be responsible for supervising and handling them in accordance with the provisions of laws and administrative regulations.

Chapter V Preservation of Contracts

Article 535 Where the debtor’s delay in exercising his creditor’s rights or the subordinate rights related to the creditor’s rights affects the realization of the creditor’s due creditor’s rights, the creditor may request the people’s court to subrogate the debtor’s rights against the counterpart in his own name, except that the rights belong exclusively to the debtor.

The scope of subrogation is limited to the creditor’s due creditor’s rights. The necessary expenses for the creditor to exercise subrogation shall be borne by the debtor.

The counterpart may claim the debtor’s defense from the creditor.

Article 536 Where, before the creditor’s right expires, the limitation period of action for the debtor’s right or the subordinate rights related to the creditor’s right is about to expire or the creditor’s right of bankruptcy is not declared in time, which affects the realization of the creditor’s right, the creditor may subrogate to the debtor’s counterpart and ask him to perform it, report it to the bankruptcy administrator or take other necessary actions.

Article 537 Where the people’s court finds that the subrogation right is established, the debtor’s counterpart shall perform the obligation to the creditor, and after the creditor accepts the performance, the corresponding rights and obligations between the creditor and the debtor and the debtor and the counterpart shall terminate. Where the debtor’s creditor’s rights against the opposite party or the subordinate rights related to the creditor’s rights are preserved or enforced, or the debtor goes bankrupt, it shall be handled in accordance with the provisions of relevant laws.

Article 538 Where the debtor disposes of the property rights and interests free of charge by giving up his creditor’s rights, giving up the guarantee of creditor’s rights, transferring the property free of charge, or maliciously extending the performance period of his due creditor’s rights, thus affecting the realization of the creditor’s rights, the creditor may request the people’s court to cancel the debtor’s behavior.

Article 539 Where the debtor transfers property at an obviously unreasonable low price, accepts another person’s property at an obviously unreasonable high price, or provides guarantee for another person’s debts, which affects the realization of the creditor’s rights, and the debtor’s counterpart knows or should know the situation, the creditor may request the people’s court to cancel the debtor’s behavior.

Article 540th the scope of the right of cancellation shall be limited to the creditor’s rights. The necessary expenses for the creditor to exercise its right of cancellation shall be borne by the debtor.

Article 541 The right of revocation shall be exercised within one year from the date when the creditor knows or should know the reasons for revocation. If the debtor fails to exercise its cancellation right within five years from the date of the debtor’s act, the cancellation right shall be extinguished.

Article 542 Where the debtor’s act affecting the realization of the creditor’s right is revoked, it is not legally binding from the beginning.

Chapter VI Modification and Assignment of Contract

Article 543 The parties may modify the contract through consultation.

Article 544 Where the contents of a contract change are not clearly agreed by the parties, it is presumed that the contract has not been changed.

Article 545 Creditors may assign all or part of their creditor’s rights to a third party, except in any of the following circumstances:

(a) according to the nature of the creditor’s rights shall not be transferred;

(2) Not transferable according to the agreement of the parties;

(3) It may not be transferred according to the law.

If the parties agree that the non-monetary creditor’s rights may not be transferred, they may not confront a bona fide third party. If the parties agree that the money and creditor’s rights are not transferable, they may not confront a third party.

Article 546 Assignment of Creditor’s Rights Without notifying the debtor, the assignment is not effective for the debtor.

The notice of assignment of creditor’s rights shall not be revoked, except with the consent of the transferee.

Article 547 Where the creditor assigns the creditor’s right, the assignee obtains the subordinate rights related to the creditor’s right, except that the subordinate rights belong exclusively to the creditor.

The transferee’s acquisition of the subordinate right shall not be affected by the fact that the subordinate right has not gone through the transfer registration formalities or transferred possession.

Article 548 After receiving the notice of assignment of creditor’s rights, the debtor may claim against the transferee the defense of the transferor.

Article 549 Under any of the following circumstances, the debtor may claim set-off from the assignee:

(1) When the debtor receives the notice of assignment of creditor’s rights, the debtor enjoys the creditor’s rights against the transferor, and the debtor’s creditor’s rights expire before or at the same time as the assigned creditor’s rights;

(two) the debtor’s creditor’s rights and the assigned creditor’s rights are based on the same contract.

Article 550 Increased performance expenses due to the assignment of creditor’s rights shall be borne by the transferor.

Article 551 Where the debtor transfers all or part of the debt to a third party, it shall obtain the consent of the creditor.

The debtor or a third party may urge the creditor to give its consent within a reasonable period of time. If the creditor fails to give an indication, it shall be deemed as disapproval.

Article 552 Where the third person agreed with the debtor to join the debt and informed the creditor, or the third person indicated to the creditor that he was willing to join the debt, and the creditor failed to explicitly refuse within a reasonable period of time, the creditor may request the third person to bear joint and several debts with the debtor within the scope of the debt he is willing to bear.

Article 553 Where the debtor transfers the debt, the new debtor may claim the defense of the original debtor against the creditor; Where the original debtor enjoys the creditor’s rights, the new debtor may not claim set-off from the creditor.

Article 554 Where the debtor transfers the debt, the new debtor shall bear the subordinate debt related to the main debt, except that the subordinate debt belongs exclusively to the original debtor.

Article 555 A party may, with the consent of the other party, assign its rights and obligations under the contract to a third party.

Article 556 Where the rights and obligations under a contract are transferred at the same time, the relevant provisions on the transfer of creditor’s rights and debts shall apply.

Chapter VII Termination of Rights and Obligations of a Contract

Article 557 Creditor’s Rights and Debts shall be terminated under any of the following circumstances:

(a) the debt has been fulfilled;

(2) Debts offset each other;

(3) The debtor deposits the subject matter in accordance with the law;

(4) Creditors are exempted from debts;

(5) Creditor’s rights and debts belong to one person;

(six) other circumstances stipulated by law or agreed by the parties to terminate.

If the contract is terminated, the rights and obligations of the contract shall be terminated.

Article 558 After the termination of creditor’s rights and debts, the parties concerned shall abide by the principle of good faith, and perform obligations such as notification, assistance, confidentiality, and recycling of old things according to trading habits.

Article 559 When the creditor’s rights and debts are terminated, the subordinate rights of the creditor’s rights shall be extinguished at the same time, except as otherwise provided by law or agreed by the parties.

Article 560 Where several debts owed by the debtor to the same creditor are of the same type, and the debtor’s payment is insufficient to pay off all the debts, unless otherwise agreed by the parties, the debtor shall designate the debts to be performed when paying off.

If the debtor fails to make a designation, it shall give priority to fulfilling the debts that have expired; If several debts are all due, priority shall be given to the debts that lack or have the least guarantee for creditors; If there is no guarantee or the guarantee is equal, the debtor’s debts with heavy burden shall be given priority; If the burden is the same, it shall be performed in the order of debt maturity; If the maturity time is the same, it shall be performed in proportion to the debt.

Article 561 The debtor shall pay interest and other expenses related to the realization of the creditor’s rights in addition to the performance of the principal debt. If the payment is insufficient to pay off all the debts, it shall be performed in the following order, unless otherwise agreed by the parties:

(a) the expenses related to the realization of creditor’s rights;

(2) Interest;

(3) principal debt.

Article 562 The parties may terminate the contract through consultation.

The parties may agree on the reasons for one party to terminate the contract. When the cause of termination of the contract occurs, the obligee may terminate the contract.

Article 563 The parties may terminate the contract under any of the following circumstances:

(a) the purpose of the contract cannot be achieved due to force majeure;

(2) Before the expiration of the time limit for performance, one of the parties clearly indicated or indicated by his own behavior that he would not perform the main debt;

(three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged;

(four) one of the parties delayed the performance of the debt or other breach of contract, which made it impossible to achieve the purpose of the contract;

(5) Other circumstances stipulated by law.

For an indefinite contract whose content is continuous performance of debts, the parties may terminate the contract at any time, but they shall notify the other party before a reasonable period.

Article 564 The time limit for exercising the right of rescission is prescribed by law or agreed by the parties. If the parties fail to exercise the right at the expiration of the time limit, the right shall be extinguished.

If the law does not stipulate or the parties have not agreed on the time limit for exercising the right of rescission, and the person who removes the right knows or should know the reason for rescission fails to exercise it within one year, or fails to exercise it within a reasonable period after being urged by the other party, the right shall be extinguished.

Article 565 If one party claims to terminate the contract according to law, it shall notify the other party. The contract is terminated when the notice reaches the other party; If the notice states that the debtor fails to perform his debts within a certain period of time, the contract will be automatically terminated. If the debtor fails to perform his debts within that period of time, the contract will be terminated at the expiration of the period specified in the notice. If the other party has any objection to the termination of the contract, either party may request a people’s court or an arbitration institution to confirm the validity of the termination.

If one of the parties claims to terminate the contract by filing a lawsuit or applying for arbitration without notifying the other party, and the people’s court or arbitration institution confirms this claim, the contract shall be terminated when a copy of the complaint or arbitration application is served on the other party.

Article 566 If the contract has not been performed after dissolution, the performance shall be terminated; If it has been performed, according to the performance and the nature of the contract, the parties may request restitution or take other remedial measures, and have the right to claim compensation for losses.

If the contract is terminated due to breach of contract, the obligee may request the breaching party to bear the liability for breach of contract, unless otherwise agreed by the parties.

After the termination of the main contract, the guarantor shall still bear the guarantee liability for the civil liability that the debtor should bear, unless otherwise agreed in the guarantee contract.

Article 567 Termination of the rights and obligations of a contract shall not affect the validity of the settlement and liquidation clauses in the contract.

Article 568 Where the parties owe debts to each other, and the subject matter of the debts is of the same type and quality, either party may set off its debts against the debts due from the other party; However, it is not allowed to set off according to the nature of the debt, the agreement of the parties or the law.

If a party claims set-off, it shall notify the other party. The notice takes effect when it reaches the other party. No conditions or time limit may be attached to the set-off.

Article 569 Where the parties owe debts to each other, and the types and quality of the subject matter are different, they may also set them off through consultation.

Article 570 Where it is difficult to perform the debt under any of the following circumstances, the debtor may place the subject matter in escrow:

(1) The creditor refuses to accept it without justifiable reasons;

(2) The creditor’s whereabouts are unknown;

(three) the death of the creditor has not determined the heir, the administrator of the estate, or the loss of civil capacity has not determined the guardian;

(4) Other circumstances prescribed by law.

If the subject matter is not suitable for escrow or the escrow fee is too high, the debtor may auction or sell the subject matter according to law and escrow the proceeds.

Article 571 Escrow is established when the debtor delivers the subject matter or the proceeds from the auction or sale of the subject matter according to law to the escrow department.

Where escrow is established, it shall be deemed that the debtor has delivered the subject matter within the scope of escrow.

Article 572 After the subject matter is placed in escrow, the debtor shall promptly notify the creditor or the creditor’s heirs, administrators, guardians and property custodians.

Article 573 After the subject matter is placed in escrow, the risk of damage or loss shall be borne by the creditor. During the period of escrow, the fruits of the subject matter belong to the creditors. The deposit fee shall be borne by the creditor.

Article 574 Creditors may claim the deposit at any time. However, if the creditor has a due debt to the debtor, the escrow department shall refuse to receive the escrow item according to the debtor’s request before the creditor fails to perform the debt or provide a guarantee.

The creditor’s right to receive the deposit shall be extinguished if it is not exercised within five years from the date of deposit, and the deposit shall be owned by the state after deducting the deposit fee. However, if the creditor fails to perform the due debt to the debtor, or the creditor gives up the right to receive the escrow item in writing to the escrow department, the debtor has the right to retrieve the escrow item after paying the escrow fee.

Article 575 Where the creditor discharges part or all of the debtor’s debts, the creditor’s rights and debts are partially or completely terminated, unless the debtor refuses within a reasonable time.

Article 576 Where the creditor’s rights and debts belong to the same person, the creditor’s rights and debts shall be terminated, unless the interests of a third party are harmed.

Chapter VIII Liability for Breach of Contract

Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 578 Where a party expressly expresses or shows by his own behavior that he will not perform his contractual obligations, the other party may request him to bear the liability for breach of contract before the time limit for performance expires.

Article 579 If one party fails to pay the price, remuneration, rent or interest, or fails to perform other monetary obligations, the other party may demand payment.

Article 580 Where one party fails to perform the non-monetary debt or the performance of the non-monetary debt is not in conformity with the agreement, the other party may request performance, except in any of the following circumstances:

(a) unable to perform in law or in fact;

(two) the subject matter of the debt is not suitable for compulsory performance or the performance cost is too high;

(3) The creditor fails to request performance within a reasonable time limit.

If one of the exceptions specified in the preceding paragraph makes it impossible to achieve the purpose of the contract, the people’s court or arbitration institution may terminate the contractual rights and obligations at the request of the parties, but it does not affect the liability for breach of contract.

Article 581 Where one party fails to perform the debt or the performance is not in conformity with the contract, and the performance cannot be enforced according to the nature of the debt, the other party may request it to bear the expenses for performance by a third party.

Article 582 Where the performance is not in conformity with the agreement, it shall bear the liability for breach of contract in accordance with the agreement of the parties. If the liability for breach of contract is not stipulated or clearly stipulated and cannot be determined according to the provisions of Article 510 of this Law, the injured party may reasonably choose to ask the other party to bear the liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration according to the nature of the subject matter and the size of the loss.

Article 583 Where one party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, if the other party still suffers other losses after performing its obligations or taking remedial measures, it shall compensate for the losses.

Article 584 Where one party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, thus causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract.

Article 585 The parties may agree that one party shall pay a certain amount of liquidated damages to the other party in case of breach of contract, or may agree on the calculation method of the amount of compensation for losses caused by breach of contract.

If the agreed liquidated damages are lower than the losses caused, the people’s court or arbitration institution may increase them at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people’s court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties concerned pay liquidated damages for the delay in performance, the breaching party shall also perform the debt after paying the liquidated damages.

Article 586 The parties may agree that one party shall pay a deposit to the other party as security for the creditor’s rights. The deposit contract is established when the deposit is actually paid.

The amount of the deposit shall be agreed by the parties; However, it shall not exceed 20% of the subject matter of the main contract, and the excess shall not have the effect of deposit. If the actual amount of deposit paid is more than or less than the agreed amount, it shall be deemed as a change of the agreed amount of deposit.

Article 587 Where the debtor performs the debt, the deposit shall be set off as the price or recovered. If the party paying the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, so that the purpose of the contract cannot be achieved, the deposit shall be returned twice.

Article 588 Where the parties have agreed on both the liquidated damages and the deposit, if one party breaches the contract, the other party may choose to apply the liquidated damages or the deposit clause.

If the deposit is not enough to make up for the losses caused by one party’s breach of contract, the other party may request compensation for the losses exceeding the deposit amount.

Article 589 Where the debtor performs the debt as agreed and the creditor refuses to accept it without justifiable reasons, the debtor may request the creditor to compensate for the increased expenses.

During the delay of the creditor’s acceptance, the debtor is not required to pay interest.

Article 590 Where a party fails to perform the contract due to force majeure, it shall be exempted from liability in part or in whole according to the influence of force majeure, except as otherwise provided by law. If the contract cannot be performed due to force majeure, the other party shall be informed in time to reduce the losses that may be caused to the other party, and proof shall be provided within a reasonable time.

If force majeure occurs after the delay in performance, the party concerned shall not be exempted from the liability for breach of contract.

Article 591 After one party breaches the contract, the other party shall take appropriate measures to prevent the loss from expanding; If no appropriate measures are taken to cause the losses to expand, no compensation may be requested for the expanded losses.

The reasonable expenses incurred by the parties to prevent the loss from expanding shall be borne by the breaching party.

Article 592 Where both parties breach a contract, they shall bear their respective responsibilities.

If one party’s breach of contract causes losses to the other party, and the other party is at fault for the occurrence of losses, the corresponding compensation for losses may be reduced.

Article 593 Where a party breaches the contract due to the reason of a third party, it shall be liable to the other party for breach of contract according to law. Disputes between a party and a third party shall be handled in accordance with the law or in accordance with the agreement.

Article 594 The limitation period for bringing a lawsuit or applying for arbitration due to disputes over international contracts for the sale of goods and technology import and export contracts is four years.

Part II Typical Contract

Chapter IX Sales Contract

Article 595 A sales contract is a contract in which the seller transfers the ownership of the subject matter to the buyer and the buyer pays the price.

Article 596 The contents of a sales contract generally include terms such as the name, quantity, quality, price, time limit for performance, place and method of performance, packing method, inspection standard and method, settlement method, words used in the contract and their effectiveness.

Article 597 Where the ownership of the subject matter cannot be transferred because the seller has not obtained the disposition right, the buyer may terminate the contract and request the seller to bear the liability for breach of contract.

The laws and administrative regulations prohibit or restrict the transfer of the subject matter, in accordance with its provisions.

Article 598 The seller shall perform the obligation to deliver the subject matter to the buyer or deliver the documents for taking delivery of the subject matter, and transfer the ownership of the subject matter.

Article 599 The seller shall deliver to the buyer the relevant documents and materials other than the documents for taking delivery of the subject matter in accordance with the agreement or trading practice.

Article 600 Where a subject matter with intellectual property rights is sold, the intellectual property rights of the subject matter do not belong to the buyer unless otherwise provided by law or agreed by the parties.

Article 601 The seller shall deliver the subject matter at the agreed time. If the delivery period is agreed, the seller may deliver the goods at any time within the delivery period.

Article 602 Where the time limit for delivery of the subject matter was not prescribed by the parties or was not clearly prescribed, the provisions of Article 510 and Item 4 of Article 511 of this Law shall apply.

Article 603 The seller shall deliver the subject matter at the agreed place.

Where the parties have not agreed on the place of delivery or the agreement is unclear and cannot be determined according to the provisions of Article 510 of this Law, the following provisions shall apply:

(1) If the subject matter needs to be transported, the seller shall deliver the subject matter to the first carrier for delivery to the buyer;

(2) The subject matter does not need to be transported, and if the seller and the buyer knew that the subject matter was at a certain place when concluding the contract, the seller shall deliver the subject matter at that place; If the subject matter is not known at a certain place, it shall be delivered at the seller’s business place when the contract is concluded.

Article 604 The risk of damage or loss of the subject matter shall be borne by the seller before delivery and by the buyer after delivery, except as otherwise provided by law or agreed by the parties.

Article 605 Where the subject matter is not delivered within the agreed time limit due to the buyer’s fault, the buyer shall bear the risk of damage or loss of the subject matter from the time of breach of the agreement.

Article 606 Where the seller sells the subject matter in transit delivered by the carrier, unless otherwise agreed by the parties, the risk of damage or loss shall be borne by the buyer from the time the contract is established.

Article 607 After the seller delivered the subject matter to the place designated by the buyer in accordance with the agreement and delivered it to the carrier, the risk of damage or loss of the subject matter shall be borne by the buyer.

Where the parties have not agreed on the place of delivery or the agreement is unclear, and the subject matter needs to be transported according to the provisions of Item 1, Paragraph 2, Article 603 of this Law, after the seller delivers the subject matter to the first carrier, the risk of damage or loss of the subject matter shall be borne by the buyer.

Article 608 Where the seller placed the subject matter at the delivery place in accordance with the agreement or in accordance with the provisions of Item 2, Paragraph 2 of Article 603 of this Law, and the buyer failed to collect it in violation of the agreement, the risk of damage or loss of the subject matter shall be borne by the buyer from the time of violation of the agreement.

Article 609 The seller’s failure to deliver the documents and materials related to the subject matter as agreed shall not affect the transfer of the risk of damage or loss of the subject matter.

Article 610 Where the purpose of the contract cannot be achieved because the subject matter does not meet the quality requirements, the buyer may refuse to accept the subject matter or terminate the contract. If the buyer refuses to accept the subject matter or terminates the contract, the risk of damage or loss of the subject matter shall be borne by the seller.

Article 611 Where the risk of damage or loss of the subject matter is borne by the buyer, it shall not affect the buyer’s right to demand the seller to bear the liability for breach of contract due to his non-conformity in performance of obligations.

Article 612 The seller has the obligation to ensure that the third party does not enjoy any rights over the delivered subject matter, except as otherwise provided by law.

Article 613 Where the buyer knew or should have known that a third party had rights to the subject matter of the sale when concluding the contract, the seller shall not assume the obligations stipulated in the preceding article.

Article 614 Where the buyer has conclusive evidence to prove that the third party has the right to the subject matter, it may suspend the payment of the corresponding price, unless the seller provides an appropriate guarantee.

Article 615 The seller shall deliver the subject matter in accordance with the agreed quality requirements. If the seller provides a description of the quality of the subject matter, the delivered subject matter shall meet the quality requirements of the description.

Article 616 Where the quality requirements of the subject matter were not prescribed or clearly prescribed by the parties and cannot be determined according to the provisions of Article 511 of this Law, the provisions of Item 1 of Article 511 of this Law shall apply.

Article 617 Where the subject matter delivered by the seller does not meet the quality requirements, the buyer may claim liability for breach of contract according to the provisions of Articles 582 to 584 of this Law.

Article 618 Where the parties agreed to reduce or exempt the seller from the liability for the defects in the subject matter, if the seller intentionally or grossly failed to inform the buyer of the defects in the subject matter, the seller has no right to claim to reduce or exempt the liability.

Article 619 The seller shall deliver the subject matter in the agreed packaging method. If there is no agreement or unclear agreement on the packaging method, and it cannot be determined according to the provisions of Article 510 of this Law, it shall be packaged in a common way; If there is no general way, it should adopt a packaging method that is sufficient to protect the subject matter and is conducive to saving resources and protecting the ecological environment.

Article 620 Upon receipt of the subject matter, the buyer shall inspect it within the agreed inspection period. If there is no agreed inspection period, it shall be inspected in time.

Article 621 Where the parties agreed on the inspection period, the buyer shall notify the seller of the non-conformity of the quantity or quality of the subject matter within the inspection period. If the buyer is slow to notify, it shall be deemed that the quantity or quality of the subject matter conforms to the agreement.

If the parties have not agreed on the inspection period, the buyer shall notify the seller within a reasonable period of time when it finds or should find that the quantity or quality of the subject matter does not conform to the agreement. If the buyer fails to notify the seller within a reasonable period of time or fails to notify the seller within two years from the date of receiving the subject matter, it shall be deemed that the quantity or quality of the subject matter conforms to the agreement; However, if there is a quality guarantee period for the subject matter, the quality guarantee period shall apply, and the provisions of the two-year period shall not apply.

If the seller knows or should know that the provided subject matter is not in conformity with the agreement, the buyer is not limited by the notice time stipulated in the preceding two paragraphs.

Article 622 If the inspection period agreed by the parties is too short, and it is difficult for the buyer to complete the comprehensive inspection within the inspection period according to the nature and trading habits of the subject matter, the period shall only be regarded as the time limit for the buyer to raise objections to the appearance defects of the subject matter.

If the agreed inspection period or quality assurance period is shorter than the period stipulated by laws and administrative regulations, the period stipulated by laws and administrative regulations shall prevail.

Article 623 Where the time limit for inspection is not stipulated by the parties, and the quantity, model and specification of the subject matter are specified in the delivery note and confirmation note signed by the buyer, it is presumed that the buyer has inspected the quantity and appearance defects, unless there is relevant evidence enough to overturn them.

Article 624 The seller delivered the subject matter to a third party in accordance with the instructions of the buyer. If the inspection standards agreed by the seller and the buyer are inconsistent with those agreed by the buyer and the third party, the inspection standards agreed by the seller and the buyer shall prevail.

Article 625 Where, in accordance with the provisions of laws and administrative regulations or in accordance with the agreement of the parties, the subject matter should be recycled after the expiration of the effective service life, the seller shall have the obligation to recycle the subject matter by himself or by entrusting a third party.

Article 626 The buyer shall pay the price in accordance with the agreed amount and payment method. Where there is no agreement or unclear agreement on the amount and payment method of the price, the provisions of Article 510 and Item 2 and Item 5 of Article 511 of this Law shall apply.

Article 627 The buyer shall pay the price at the agreed place. Where the place of payment is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, the buyer shall pay at the seller’s business place; However, if it is agreed that the payment of the price is conditional on the delivery of the subject matter or the delivery of the documents for extracting the subject matter, the payment shall be made at the place where the subject matter is delivered or the documents for extracting the subject matter are delivered.

Article 628 The buyer shall pay the price at the agreed time. If the payment time is not stipulated or clearly stipulated, and cannot be determined according to the provisions of Article 510 of this Law, the buyer shall pay at the same time as receiving the subject matter or taking out the documents of the subject matter.

Article 629 Where the seller overpaid the subject matter, the buyer may accept or refuse to accept the overpaid part. If the buyer receives the overpaid part, it shall pay the price according to the agreed price; If the buyer refuses to accept the overpaid part, it shall notify the seller in time.

Article 630 Fruits arising from the subject matter before delivery shall be owned by the seller; The fruits produced after delivery shall be owned by the buyer. However, unless otherwise agreed by the parties.

Article 631 Where a contract is terminated because the subject matter of the subject matter is not in conformity with the contract, the effect of termination of the contract extends to the accessory. If the subordinate object of the subject matter is dissolved because it does not conform to the agreement, the effect of dissolution is not as good as that of the main object.

Article 632 Where the subject matter is several, and one of them is not in conformity with the contract, the buyer may terminate it. However, if the value of the subject matter is obviously damaged by the separation of the object from other objects, the buyer may terminate the contract for several objects.

Article 633 Where the seller delivered the subject matter in batches, if the seller failed to deliver one batch of the subject matter or the delivery did not conform to the contract, so that the purpose of the contract could not be achieved, the buyer may terminate the batch of subject matter.

If the seller fails to deliver one batch of the subject matter or the delivery does not conform to the agreement, so that the delivery of other batches of the subject matter can not achieve the purpose of the contract, the buyer may terminate the subject matter of this batch and other batches.

If the buyer cancels one batch of the subject matter, which is interdependent with other batches of the subject matter, it may cancel the delivered and undelivered batches of the subject matter.

Article 634 Where the buyer of installment payment fails to pay the due price by one fifth of the total price, and fails to pay the due price within a reasonable period after being urged, the seller may request the buyer to pay the full price or terminate the contract.

If the seller terminates the contract, it may request the buyer to pay the use fee of the subject matter.

Article 635 The parties to the sale by sample shall seal up the sample and may explain the quality of the sample. The subject matter delivered by the seller shall be of the same quality as the sample and its description.

Article 636 Where the buyer who buys and sells by sample does not know that the sample has hidden defects, even if the delivered subject matter is the same as the sample, the quality of the delivered subject matter by the seller shall still meet the usual standards of the same kind.

Article 637 The parties to the trial sale may stipulate the trial period of the subject matter. If the probation period is not stipulated or clearly stipulated and cannot be determined according to the provisions of Article 510 of this Law, it shall be determined by the seller.

Article 638 A buyer of a trial sale may purchase the subject matter or refuse to buy it during the trial period. Upon the expiration of the trial period, if the buyer fails to indicate whether or not to purchase the subject matter, it shall be deemed as a purchase.

If the buyer of a trial sale has paid part of the price or sold, leased or set up a security interest on the subject matter during the trial period, it shall be deemed as agreeing to purchase.

Article 639 Where the parties to the trial sale did not stipulate or clearly stipulated the fee for the use of the subject matter, the seller has no right to demand payment from the buyer.

Article 640th Risk of Damage or Loss of the Subject Matter During the Probation Period shall be borne by the seller.

Article 641 The parties may stipulate in the sales contract that if the buyer fails to pay the price or other obligations, the ownership of the subject matter belongs to the seller.

The seller’s reserved ownership of the subject matter shall not be opposed to a bona fide third party without registration.

Article 642 The parties agreed that the seller should retain the ownership of the subject matter of the contract. Before the ownership of the subject matter is transferred, if the buyer has any of the following circumstances, thus causing damage to the seller, the seller has the right to take back the subject matter, unless otherwise agreed by the parties:

(1) Failing to pay the price as agreed, and failing to pay within a reasonable period after being urged;

(two) did not complete the specific conditions in accordance with the agreement;

(3) Selling, pledging or taking other improper measures against the subject matter.

The seller may negotiate with the buyer to retrieve the subject matter; If negotiation fails, reference can be made to the implementation procedures of applicable security interests.

Article 643 After the seller takes back the subject matter in accordance with the provisions of the first paragraph of the preceding article, if the buyer eliminates the reasons for the seller to take back the subject matter within a reasonable redemption period agreed by both parties or specified by the seller, he may request redemption of the subject matter.

If the buyer fails to redeem the subject matter within the redemption period, the seller may sell the subject matter to a third party at a reasonable price, and the remaining proceeds from the sale after deducting the unpaid price and necessary expenses from the buyer shall be returned to the buyer; The insufficient part shall be paid off by the buyer.

Article 644 The rights and obligations of the parties involved in the bidding and tendering business and the bidding and tendering procedures shall be in accordance with the provisions of relevant laws and administrative regulations.

Article 645 The rights and obligations of the parties to an auction and the auction procedures shall be in accordance with the provisions of relevant laws and administrative regulations.

Article 646 Where the law provides for other paid contracts, such provisions shall prevail; If there are no provisions, refer to the relevant provisions of the applicable sales contract.

Article 647 Where the parties agree on a barter transaction to transfer the ownership of the subject matter, the relevant provisions of the applicable sales contract shall apply mutatis mutandis.

Chapter X Contracts for Power Supply, Water, Gas and Heat

Article 648 A power supply contract is a contract in which the power supplier supplies power to the power user and the power user pays the electricity fee.

A power supplier who supplies power to the public shall not refuse the reasonable requirement of the power user to conclude a contract.

Article 649 The contents of a power supply contract generally include terms such as the mode, quality and time of power supply, capacity, address, nature, measurement method, settlement method of electricity price and electricity fee, and maintenance responsibility of power supply facilities.

The place of performance of a power supply contract shall be as agreed by the parties; If the parties have not agreed or the agreement is unclear, the property right boundary of power supply facilities shall be the place of performance.

Article 651 A power supplier shall supply power safely in accordance with the quality standards and agreements stipulated by the state. If the power supplier fails to supply power safely in accordance with the quality standards and agreements stipulated by the state, causing losses to the power user, it shall be liable for compensation.

Article 652 When the power supplier needs to interrupt the power supply due to planned maintenance, temporary maintenance, power restriction according to law or illegal use of electricity by the power user, it shall notify the power user in advance in accordance with the relevant provisions of the state; If the power supply is interrupted without prior notice to the user, causing losses to the user, it shall be liable for compensation.

Article 653 If power is cut off due to natural disasters and other reasons, the power supplier shall promptly repair it in accordance with the relevant provisions of the state. Those who fail to repair in time and cause losses to the power users shall be liable for compensation.

Article 654 A power user shall pay the electricity fee in time in accordance with the relevant provisions of the state and the agreement of the parties. If the electricity user fails to pay the electricity fee within the time limit, he shall pay the liquidated damages in accordance with the agreement. If the electricity user fails to pay the electricity fee and liquidated damages within a reasonable period of time after being urged, the power supplier may suspend power supply in accordance with the procedures prescribed by the state.

If the power supplier suspends power supply according to the provisions of the preceding paragraph, it shall notify the power user in advance.

Article 655 A power user shall use electricity safely, economically and in a planned way in accordance with the relevant provisions of the State and the agreement of the parties. If the power user fails to use electricity in accordance with the relevant provisions of the state and the agreement of the parties, causing losses to the power supplier, he shall be liable for compensation.

Article 656 Contracts for water supply, gas supply and heat supply shall refer to the relevant provisions of the applicable power supply contracts.

Chapter XI Gift Contract

Article 657 A gift contract is a contract in which the donor gives his property to the donee free of charge and the donee expresses his acceptance of the gift.

Article 658 The donor may revoke the gift before the right to donate the property is transferred.

The provisions of the preceding paragraph shall not apply to notarized gift contracts or gift contracts with the nature of public welfare and moral obligations such as disaster relief, poverty alleviation and disability assistance that cannot be revoked according to law.

Article 659 Where the donated property needs to go through registration or other formalities according to law, the relevant formalities shall be handled.

Article 660 If the donor fails to deliver the donated property in a notarized gift contract or a gift contract with the nature of public welfare and moral obligation such as disaster relief, poverty alleviation and disability assistance that cannot be revoked according to law, the donee may request delivery.

If the donated property that should be delivered according to the provisions of the preceding paragraph is damaged or lost due to the intentional or gross negligence of the donor, the donor shall be liable for compensation.

Article 661 Gifts may be accompanied by obligations.

If the gift is accompanied by obligations, the donee shall perform the obligations as agreed.

Article 662 Where the donated property is defective, the donor shall not be liable. For a gift with obligations, if the donated property is defective, the donor shall bear the same responsibilities as the seller within the limits of obligations.

If the donor intentionally fails to inform of the defects or guarantees that there are no defects, thus causing losses to the donee, he shall be liable for compensation.

Article 663 Where the donee is in any of the following circumstances, the donor may revoke the gift:

(a) serious infringement of the legitimate rights and interests of the donor or the donor’s close relatives;

(two) the donor has the obligation to support and fails to perform;

(3) Failing to perform the obligations stipulated in the gift contract.

The donor’s right of revocation shall be exercised within one year from the date when he knows or should know the reasons for revocation.

Article 664 Where the donor dies or loses his capacity for civil conduct due to the illegal act of the donee, the donor’s successor or legal representative may revoke the gift.

The right of revocation of the donor’s heir or legal representative shall be exercised within six months from the date when he knows or should know the reasons for revocation.

Article 665 Where the revocation right holder revokes the gift, he may request the donee to return the donated property.

Article 666 Where the donor’s financial situation has deteriorated significantly, seriously affecting his production, operation or family life, he may no longer perform his gift obligation.

Chapter XII Loan Contract

Article 667 A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.

Article 668 A loan contract shall be in written form, except as otherwise agreed between natural persons.

The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.

Article 669 When concluding a loan contract, the borrower shall provide the true information about the business activities and financial status related to the loan as required by the lender.

Article 670 Interest on a loan shall not be deducted from the principal in advance. If the interest is deducted from the principal in advance, the loan shall be returned according to the actual loan amount and the interest shall be calculated.

Article 671 Where the lender fails to provide the loan on the agreed date and amount, thereby causing losses to the borrower, it shall compensate for the losses.

If the borrower fails to collect the loan according to the agreed date and amount, it shall pay interest according to the agreed date and amount.

Article 672 The lender may inspect and supervise the use of the loan in accordance with the agreement. The borrower shall provide the lender with relevant financial and accounting statements or other materials on a regular basis in accordance with the agreement.

Article 673 Where the borrower fails to use the loan according to the agreed purpose, the lender may stop issuing the loan, recover the loan in advance or terminate the contract.

Article 674 The borrower shall pay interest at the agreed time limit. If the time limit for paying interest is not stipulated or clearly stipulated, and it cannot be determined according to the provisions of Article 510 of this Law, if the loan period is less than one year, it shall be paid together with the loan; If the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year, it shall be paid together with the loan.

Article 675 The borrower shall repay the loan within the agreed time limit. If the loan term is not agreed or clearly agreed, and cannot be determined according to the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may urge the borrower to return it within a reasonable period of time.

Article 676 If the borrower fails to repay the loan within the agreed time limit, it shall pay the overdue interest in accordance with the agreement or the relevant provisions of the state.

Article 677 Where the borrower repays the loan in advance, unless otherwise agreed by the parties, the interest shall be calculated according to the actual loan period.

Article 678 The borrower may apply to the lender for extension before the repayment period expires. If the lender agrees, it can be extended.

Article 679 A loan contract between natural persons is established when the lender provides the loan.

Article 680 It is forbidden to lend at high interest, and the interest rate of the loan shall not violate the relevant provisions of the state.

If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest.

If the loan contract is not clear about the payment of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties’ trading methods, trading habits, market interest rates and other factors; Borrowing between natural persons is deemed to have no interest.

Chapter XIII Guarantee Contract

Section 1 General Provisions

Article 681 A suretyship contract is a contract in which the surety and the creditor agree that the surety will perform the debt or assume the liability when the debtor fails to perform the due debt or the circumstances agreed by the parties occur.

Article 682 A suretyship contract is an accessory contract to the principal creditor’s rights and debts contract. If the principal creditor’s rights and debts contract is invalid, the guarantee contract shall be invalid, except as otherwise provided by law.

If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults.

Article 683 An organ as a legal person may not be a guarantor, except that it has been approved by the State Council to lend money for the use of loans from foreign governments or international economic organizations.

Non-profit legal persons and unincorporated organizations aiming at public welfare shall not be guarantors.

Article 684 The contents of a suretyship contract generally include the type and amount of the principal creditor’s rights to be guaranteed, the time limit for the debtor to perform the debt, the way, scope and period of suretyship, etc.

Article 685 A suretyship contract may be a separate written contract or a suretyship clause in the principal creditor’s rights and debts contract.

If the third party unilaterally makes a written guarantee to the creditor, and the creditor accepts it without raising any objection, the contract is guaranteed to be established.

Article 686 The forms of suretyship include general suretyship and joint liability suretyship.

If the parties have not agreed on the way of guarantee in the guarantee contract or the agreement is unclear, they shall bear the guarantee liability according to the general guarantee.

Article 687 A general suretyship is one in which the parties stipulate in the suretyship contract that the surety shall bear the suretyship liability when the debtor fails to perform his debts.

The guarantor of general guarantee has the right to refuse to undertake the guarantee liability to the creditor before the main contract dispute has been tried or arbitrated and the debtor’s property is enforced according to law, except in one of the following circumstances:

(1) The debtor’s whereabouts are unknown and there is no property available for execution;

(2) The people’s court has accepted the bankruptcy case of the debtor;

(3) The creditor has evidence to prove that the debtor’s property is insufficient to perform all debts or is unable to perform debts;

(4) The guarantor waives the rights stipulated in this clause in writing.

Article 688 Where the parties stipulate in the suretyship contract that the surety and the debtor shall be jointly and severally liable for the debts, it is a suretyship of joint liability.

When the debtor of joint and several liability guarantee fails to perform the due debt or the circumstances agreed by the parties occur, the creditor may request the debtor to perform the debt, or request the guarantor to assume the guarantee liability within the scope of its guarantee.

Article 689 A surety may require the debtor to provide a counter-guarantee.

Article 690 A guarantor and a creditor may enter into a contract with a maximum amount of guarantee through consultation, and agree to provide guarantee for creditor’s rights that occur continuously within a certain period of time within the maximum amount of creditor’s rights.

In addition to the provisions of this chapter, the maximum amount of guarantee shall be governed by the relevant provisions of mortgage of maximum amount in Part II of this Law.

Section 2 Liability for Guarantee

Article 691 The scope of suretyship includes the principal creditor’s right and its interest, liquidated damages, damages and expenses for realizing the creditor’s right. Unless otherwise agreed by the parties, such agreement shall prevail.

Article 692 A suretyship period is the period during which the surety shall assume the suretyship liability, and there shall be no suspension, interruption or extension.

The creditor and the guarantor may agree on a guarantee period, but if the agreed guarantee period is earlier than or expires at the same time as the performance period of the main debt, it is deemed that there is no agreement; If there is no agreement or the agreement is unclear, the guarantee period shall be six months from the date of expiration of the main debt performance period.

Where the creditor and the debtor have not agreed or clearly agreed on the time limit for the performance of the principal debt, the guarantee period shall be counted from the date when the grace period for the creditor to request the debtor to perform the debt expires.

Article 693 Where the creditor of a general surety fails to bring a lawsuit against the debtor or apply for arbitration during the suretyship period, the surety is no longer liable for suretyship.

If the creditor of joint and several liability guarantee fails to request the guarantor to undertake the guarantee responsibility during the guarantee period, the guarantor will no longer undertake the guarantee responsibility.

Article 694 Where the creditor of a general guarantee brings a lawsuit or applies for arbitration against the debtor before the expiration of the guarantee period, the limitation of action for the guaranteed debt shall begin to be calculated from the date when the guarantor’s right to refuse to undertake the guarantee liability is extinguished.

Where the creditor of joint and several liability guarantee requests the guarantor to assume the guarantee responsibility before the expiration of the guarantee period, the limitation of action for the guaranteed debt shall be calculated from the date when the creditor requests the guarantor to assume the guarantee responsibility.

Article 695 Where the creditor and the debtor negotiate to change the contents of the principal creditor’s rights and debts contract and reduce the debts without the written consent of the guarantor, the guarantor shall still be liable for the changed debts; Where the debt is aggravated, the guarantor shall not be liable for the aggravated part.

If the creditor and the debtor change the performance period of the principal creditor’s rights and debts contract without the written consent of the guarantor, the guarantee period will not be affected.

Article 696 Where a creditor assigns all or part of its creditor’s rights without notifying the guarantor, the assignment shall not be effective for the guarantor.

The guarantor and the creditor have agreed to prohibit the transfer of the creditor’s rights, and if the creditor transfers the creditor’s rights without the written consent of the guarantor, the guarantor will no longer be liable for the transferee.

Article 697 Creditor’s Permission to Transfer All or Part of the Debtor’s Debt Without the Guarantor’s written consent, the Guarantor is no longer liable for the debt transferred without his consent, unless otherwise agreed by the creditor and the Guarantor.

Where a third party joins the debt, the surety’s suretyship liability shall not be affected.

Article 698 The guarantor of a general guarantee provides the creditor with the true information of the debtor’s property available for execution after the expiration of the performance period of the main debt. If the creditor gives up or is slow to exercise his rights, so that the property cannot be executed, the guarantor will no longer bear the guarantee liability within the scope of the value of the property available for execution.

Article 699 Where there are more than two guarantors for the same debt, the guarantors shall bear the suretyship liability according to the share of suretyship agreed in the suretyship contract; If there is no agreement on the share of guarantee, the creditor may request any guarantor to assume the guarantee responsibility within the scope of his guarantee.

Article 700 After assuming the suretyship liability, the surety shall, unless otherwise agreed by the parties, have the right to recover from the debtor within the scope of its suretyship liability, and enjoy the creditor’s rights against the debtor, provided that the interests of the creditor shall not be harmed.

Article 701 The guarantor may claim the debtor’s defense against the creditor. If the debtor waives the defense, the guarantor still has the right to claim defense from the creditor.

Article 702 Where the debtor enjoys the right of set-off or cancellation to the creditor, the surety may refuse to undertake the suretyship liability within the corresponding scope.

Chapter XIV Lease Contract

Article 703 A lease contract is a contract in which the lessor delivers the lease item to the lessee for use and profit, and the lessee pays the rent.

Article 704 The contents of a lease contract generally include terms such as the name, quantity, purpose, lease term, rent, payment term and method, and maintenance of the lease item.

Article 705 The lease term shall not exceed 20 years. More than twenty years, the excess part is invalid.

Upon the expiration of the lease term, the parties may renew the lease contract; However, the agreed lease term shall not exceed twenty years from the date of renewal.

Article 706 Failure of the parties to go through the formalities for registration and filing of the lease contract in accordance with laws and administrative regulations shall not affect the validity of the contract.

Article 707 Where the lease term is more than six months, it shall be in written form. If the parties fail to determine the lease term in written form, it shall be regarded as an indefinite lease.

Article 708 The lessor shall deliver the lease item to the lessee as agreed, and keep the lease item in line with the agreed purpose within the lease term.

Article 709 The lessee shall use the lease item in accordance with the agreed method. Where the method of using the lease item is not prescribed or clearly prescribed and cannot be determined according to the provisions of Article 510 of this Law, it shall be used according to the nature of the lease item.

Article 710 Where the lessee uses the lease item in the prescribed way or according to the nature of the lease item, thereby causing losses to the lease item, it shall not be liable for compensation.

Article 711 Where the lessee fails to use the lease item in the prescribed way or according to its nature, thereby causing losses to the lease item, the lessor may terminate the contract and claim compensation for the losses.

Article 712 The lessor shall perform the maintenance obligations of the lease item, unless otherwise agreed by the parties.

Article 713 Where the lease item needs maintenance, the lessee may request the lessor to maintain it within a reasonable period of time. If the lessor fails to perform the maintenance obligation, the lessee may carry out the maintenance by himself, and the maintenance expenses shall be borne by the lessor. If the maintenance of the leased property affects the lessee’s use, the rent shall be reduced or the lease term shall be extended accordingly.

If the lease item needs maintenance due to the fault of the lessee, the lessor shall not undertake the maintenance obligation specified in the preceding paragraph.

Article 714 The lessee shall take good care of the lease item, and shall be liable for compensation if the lease item is damaged or lost due to improper care.

Article 715 The lessee may, with the consent of the lessor, improve or add other things to the lease item.

If the lessee improves or adds other things to the lease item without the consent of the lessor, the lessor may request the lessee to restore the original state or compensate for the losses.

Article 716 The lessee may sublease the lease item to a third person with the consent of the lessor. If the lessee sublets, the lease contract between the lessee and the lessor shall remain valid; If a third party causes losses to the lease item, the lessee shall compensate for the losses.

If the lessee sublets without the consent of the lessor, the lessor may terminate the contract.

Article 717 Where the lessee subleases the lease item to a third person with the consent of the lessor, if the sublease term exceeds the remaining lease term of the lessee, the agreement in excess of the lease term is not legally binding on the lessor, unless otherwise agreed by the lessor and the lessee.

Article 718 Where the lessor knew or should have known about the sublease, but did not raise any objection within six months, it shall be deemed that the lessor agreed to sublease.

Article 719 Where the lessee is in arrears with the rent, the sub-lessee may pay the rent and liquidated damages owed by it on behalf of the lessee, except that the sublease contract is not legally binding on the lessor.

The rent and liquidated damages paid by the sub-lessee can offset the rent that the sub-lessee should pay to the lessee; If it exceeds the amount of rent payable, it may claim compensation from the lessee.

Article 720 Gains from the possession and use of the lease item during the lease term shall be owned by the lessee, unless otherwise agreed by the parties.

Article 721 The lessee shall pay the rent at the agreed time limit. If the time limit for paying the rent is not stipulated or clearly stipulated, and cannot be determined according to the provisions of Article 510 of this Law, if the lease term is less than one year, it shall be paid at the expiration of the lease term; If the lease term is more than one year, it shall be paid at the expiration of each year, and if the remaining term is less than one year, it shall be paid at the expiration of the lease term.

Article 722 Where the lessee fails to pay or delays in paying the rent without justifiable reasons, the lessor may request the lessee to pay within a reasonable period of time; If the lessee fails to pay within the time limit, the lessor may terminate the contract.

Article 723 Where the lessee is unable to use or benefit from the lease item due to the claim of a third person, the lessee may request a reduction in the rent or not to pay the rent.

Where a third party claims rights, the lessee shall promptly notify the lessor.

Article 724 Where the lease item cannot be used due to any of the following circumstances, the lessee may terminate the contract:

(1) The leased property is sealed up or detained by judicial organs or administrative organs according to law;

(2) The lease right is controversial;

(3) The leased property violates the mandatory provisions of laws and administrative regulations on the conditions of use.

Article 725 If the ownership of the lease item changes within the term of the lessee’s possession in accordance with the lease contract, the validity of the lease contract shall not be affected.

Article 726 Where the lessor sells the leased house, it shall notify the lessee within a reasonable period before the sale, and the lessee shall have the priority to purchase it under the same conditions; However, unless the co-owner of the house exercises the preemptive right or the lessor sells the house to a close relative.

After the lessor performs the notification obligation, if the lessee fails to explicitly indicate the purchase within fifteen days, it shall be deemed that the lessee has waived the preemptive right.

Article 727 Where the lessor entrusts an auctioneer to auction the leased house, it shall notify the lessee five days before the auction. If the lessee fails to participate in the auction, it shall be deemed as giving up the preemptive right.

Article 728 Where the lessor fails to notify the lessee or there are other circumstances that hinder the lessee from exercising the preemptive right, the lessee may request the lessor to bear the liability for compensation. However, the validity of the house sales contract concluded between the lessor and the third party is not affected.

Article 729 Where the lease item is damaged or lost in part or in whole due to reasons not attributable to the lessee, the lessee may request to reduce the rent or not to pay the rent; If the purpose of the contract cannot be achieved due to partial or total damage or loss of the lease item, the lessee may terminate the contract.

Article 730 The term of the lease is not prescribed or clearly prescribed by the parties, and cannot be determined according to the provisions of Article 510 of this Law, it shall be regarded as an indefinite lease; The parties may terminate the contract at any time, but they shall notify the other party before a reasonable time limit.

Article 731 Where the lease item endangers the safety or health of the lessee, the lessee may terminate the contract at any time, even though the lessee knows that the quality of the lease item is not up to standard when concluding the contract.

Article 732 If the lessee dies during the lease term of the house, the person who lived with him before his death or the joint operator may lease the house in accordance with the original lease contract.

Article 733 Upon expiration of the lease term, the lessee shall return the lease item. The returned lease item shall conform to the state after use according to the agreement or the nature of the lease item.

Article 734 Where the lessee continues to use the lease item at the expiration of the lease term and the lessor does not raise any objection, the original lease contract shall remain valid, but the lease term is indefinite.

Upon the expiration of the lease term, the lessee shall have the priority to lease on the same terms.

Chapter XV Financing Lease Contract

Article 735 A financial lease contract is a contract in which the lessor purchases the lease item from the seller according to the lessee’s choice of the seller and the lease item, provides it to the lessee for use, and the lessee pays the rent.

Article 736 The contents of a financial lease contract generally include the lease item’s name, quantity, specifications, technical performance, inspection method, lease term, rent composition, payment term, method and currency, and the ownership of the lease item at the expiration of the lease term.

The financial lease contract shall be in written form.

Article 737 A financial lease contract concluded by the parties in the form of fictitious lease item is invalid.

Article 738 Where an administrative license is required for the operation and use of the lease item in accordance with the provisions of laws and administrative regulations, the lessor’s failure to obtain the administrative license shall not affect the validity of the financial lease contract.

Article 739 In a sales contract concluded by the lessor based on the lessee’s choice of the seller and the lease item, the seller shall deliver the subject matter to the lessee in accordance with the agreement, and the lessee shall enjoy the rights of the buyer related to receiving the subject matter.

Article 740th Where the seller violates the obligation to deliver the subject matter to the lessee, the lessee may refuse to accept the subject matter delivered by the seller under any of the following circumstances:

(a) the subject matter is seriously inconsistent with the agreement;

(2) Failing to deliver the subject matter as agreed, and failing to deliver it within a reasonable time after being urged by the lessee or lessor.

If the lessee refuses to accept the subject matter, it shall promptly notify the lessor.

Article 741 The lessor, the seller and the lessee may agree that if the seller fails to perform the obligations under the sales contract, the lessee shall exercise the right to claim compensation. Where the lessee exercises the right to claim compensation, the lessor shall assist.

Article 742 The lessee’s right to claim compensation against the seller shall not affect its obligation to pay rent. However, if the lessee relies on the skills of the lessor to determine the lease item or the lessor intervenes in the selection of the lease item, the lessee may request the corresponding rent reduction.

Article 743 Where the lessor fails to exercise the right of claim against the seller under any of the following circumstances, the lessee has the right to request the lessor to bear corresponding responsibilities:

(1) Failing to inform the lessee that the leased property has quality defects;

(2) The lessee fails to provide necessary assistance in time when exercising the right to claim compensation.

If the lessor delays in exercising the right of claim that can only be exercised by it against the seller, thus causing losses to the lessee, the lessee has the right to request the lessor to bear the liability for compensation.

Article 744 A sales contract concluded by the lessor based on the lessee’s choice of the seller and the lease item may not be changed by the lessor without the lessee’s consent.

Article 745 The lessor’s ownership of the lease item shall not be opposed to a bona fide third party without registration.

Unless otherwise agreed by the parties, the rent of a financial lease contract shall be determined according to most or all of the cost of purchasing the lease item and the lessor’s reasonable profit.

Article 747 Where the lease item does not conform to the contract or the purpose of use, the lessor shall not be liable. However, unless the lessee relies on the skills of the lessor to determine the lease item or the lessor intervenes in the selection of the lease item.

Article 748 The lessor shall ensure the lessee’s possession and use of the lease item.

If the lessor is under any of the following circumstances, the lessee has the right to claim compensation for the losses:

(a) to recover the leased property without justifiable reasons;

(2) Obstructing or interfering with the lessee’s possession and use of the lease item without justifiable reasons;

(3) A third party claims rights to the leased property due to the lessor’s reasons;

(4) Other circumstances that improperly affect the lessee’s possession and use of the lease item.

Article 749 Lessor’s Liability for Personal Injury or Property Loss to a Third Party Caused by the Leased Item during the lessee’s possession.

Article 750 The lessee shall properly keep and use the lease item.

The lessee shall perform the maintenance obligations during the period of possession of the lease item.

Article 751 Where the lease item is damaged or lost during the lessee’s possession, the lessor has the right to request the lessee to continue to pay the rent, except as otherwise provided by law or agreed by the parties.

Article 752 The lessee shall pay the rent as agreed. If the lessee fails to pay the rent within a reasonable period after being urged, the lessor may request to pay the full rent; You can also terminate the contract and take back the leased property.

Article 753 Where the lessee transfers, mortgages, pledges, invests in shares or otherwise disposes of the lease item without the consent of the lessor, the lessor may terminate the financial lease contract.

Article 754 The lessor or lessee may terminate the financial lease contract under any of the following circumstances:

(1) The sales contract concluded between the lessor and the seller is dissolved, confirmed invalid or cancelled, and the sales contract cannot be re-concluded;

(2) The leased property is damaged or lost due to reasons not attributable to the parties concerned, and the replacement cannot be repaired or determined;

(3) The purpose of the financial lease contract cannot be realized due to the seller’s reasons.

Article 755 Where a financial lease contract is dissolved due to the cancellation of the sales contract, its confirmation as invalid or its cancellation, and the seller and the lease item are selected by the lessee, the lessor has the right to request the lessee to compensate the corresponding losses; However, unless the sales contract is dissolved, confirmed invalid or cancelled due to the lessor’s reasons.

If the lessor’s loss has been compensated when the sales contract is terminated, confirmed invalid or cancelled, the lessee will no longer bear the corresponding liability for compensation.

Article 756 Where a financial lease contract is terminated due to reasons not attributable to the parties, such as accidental damage or loss of the lease item after delivery to the lessee, the lessor may request the lessee to make compensation according to the depreciation of the lease item.

Article 757 The lessor and lessee may agree on the ownership of the lease item at the expiration of the lease term; Where the ownership of the leased property is not prescribed or clearly prescribed, and cannot be determined according to the provisions of Article 510 of this Law, the ownership of the leased property belongs to the lessor.

Article 758 Where the parties agreed that the lease item shall be owned by the lessee at the expiration of the lease term, and the lessee has paid most of the rent, but is unable to pay the remaining rent, so the lessor terminates the contract and takes back the lease item. If the value of the recovered lease item exceeds the rent and other expenses owed by the lessee, the lessee may request a corresponding return.

If the parties agree that the lease item shall be owned by the lessor at the expiration of the lease term, and the lessee cannot return it because the lease item is damaged, lost or attached to or mixed with other things, the lessor has the right to request the lessee to give reasonable compensation.

Article 759 Where the parties agree that the lease term expires and the lessee only needs to pay a nominal price to the lessor, it shall be deemed that the ownership of the lease item belongs to the lessee after the agreed rental obligation is fulfilled.

Article 760th The financial lease contract is invalid, and if the parties have an agreement on the ownership of the lease item in this case, such agreement shall prevail; If there is no agreement or the agreement is unclear, the lease item shall be returned to the lessor. However, if the contract is invalid due to the lessee’s reasons, and the lessor does not request the return or the utility of the leased property will be significantly reduced after the return, the ownership of the leased property belongs to the lessee, and the lessee shall give the lessor reasonable compensation.

Chapter XVI Factoring Contract

Article 761 A factoring contract is a contract in which the creditor of accounts receivable transfers the existing or existing accounts receivable to the factor, and the factor provides services such as financing, management or collection of accounts receivable, and payment guarantee for the debtor of accounts receivable.

Article 762 The contents of a factoring contract generally include terms such as business type, service scope, service term, basic transaction contract, accounts receivable information, factoring financing money or service remuneration and payment method.

Factoring contracts shall be in written form.

Article 763 Where the creditor of accounts receivable and the debtor make up the accounts receivable as the transfer object and conclude a factoring contract with the factor, the debtor of accounts receivable shall not oppose the factor on the grounds that the accounts receivable do not exist, unless the factor knows that the accounts receivable are fictitious.

Article 764 Where a factor issues a notice of assignment of accounts receivable to the debtor of accounts receivable, it shall indicate the identity of the factor and attach the necessary documents.

Article 765 After the debtor of accounts receivable receives the notice of assignment of accounts receivable, if the creditor of accounts receivable and the debtor negotiate to change or terminate the basic transaction contract without justifiable reasons, which will adversely affect the factor, it will not be effective for the factor.

Article 766 Where the parties agree on factoring with recourse, the factor may claim the repayment of the principal and interest of the factoring financing or the repurchase of the accounts receivable creditor’s rights, or claim the accounts receivable creditor’s rights from the accounts receivable debtor. Where the factor claims the creditor’s rights of accounts receivable from the debtor of accounts receivable, if there is any surplus after deducting the principal and interest of factoring financing funds and related expenses, the surplus shall be returned to the creditor of accounts receivable.

Article 767 Where the parties agree on factoring without recourse, the factor shall claim the creditor’s rights of the accounts receivable from the debtor of the accounts receivable, and it is not necessary for the factor to return the part that exceeds the principal and interest of the factoring financing and related expenses.

Article 768 Creditors of Accounts Receivable Where multiple factoring contracts are concluded for the same account receivable, thus causing multiple factors to claim rights, the registered accounts receivable shall be obtained before the unregistered accounts receivable; If all of them have been registered, the accounts receivable shall be obtained in the order of registration time; If they are not registered, the accounts receivable shall be obtained by the factor specified in the transfer notice that first reaches the debtor of accounts receivable; If it is neither registered nor notified, the accounts receivable shall be obtained according to the proportion of factoring financing money or service remuneration.

Article 769 Where there are no provisions in this Chapter, the relevant provisions on assignment of creditor’s rights in Chapter VI of this Part shall apply.

Chapter XVII Contract of Contract

Article 770 A contract of employment is a contract in which the hiree completes the work according to the requirements of the hirer, delivers the work results, and the hirer pays the remuneration.

Contracting includes processing, customization, repair, reproduction, testing and inspection.

Article 771 The contents of an employment contract generally include the subject matter, quantity, quality, remuneration, mode of employment, provision of materials, time limit for performance, acceptance criteria and methods, etc.

The hiree shall use its own equipment, technology and labor to complete the main work, unless otherwise agreed by the parties.

If the contractor entrusts the main work it undertakes to a third party, it shall be responsible to the ordering party for the work results completed by the third party; Without the consent of the ordering party, the ordering party may also terminate the contract.

Article 773 The hiree may entrust the auxiliary work it contracted to a third person for completion. Where the contractor entrusts the auxiliary work contracted by it to a third party, it shall be responsible to the ordering party for the results of the work completed by the third party.

Article 774 Where the contractor provides the materials, it shall select the materials in accordance with the contract and accept the inspection by the ordering party.

Article 775 Where the hirer provides the materials, it shall provide the materials in accordance with the contract. The contractor shall timely inspect the materials provided by the ordering party, and if it finds that the materials are not in conformity with the contract, it shall timely notify the ordering party to replace, supplement or take other remedial measures.

The contractor shall not replace the materials provided by the ordering party without authorization, and shall not replace the parts that do not need to be repaired.

Article 776 Where the hiree discovers that the drawings or technical requirements provided by the hirer are unreasonable, it shall promptly notify the hirer. Where the hiree suffers losses due to the hirer’s delay in replying, it shall compensate for the losses.

Article 777 Where the hirer changes the requirements of the contracted work midway, thereby causing losses to the hiree, it shall compensate for the losses.

Article 778 Where the hirer is required to assist in the contract work, the hirer has the obligation to assist. If the hirer fails to perform the obligation of assistance and the contracted work cannot be completed, the hiree may urge the hirer to perform the obligation within a reasonable period of time, and may postpone the performance period; If the ordering party fails to perform within the time limit, the contractor may terminate the contract.

Article 779 The hiree shall accept the necessary supervision and inspection by the hirer during the work. The ordering party shall not hinder the normal work of the contractor due to supervision and inspection.

Upon completion of the work, the hiree shall deliver the work product to the hirer, and submit the necessary technical data and relevant quality certificates. The ordering party shall accept the work product.

Article 781 Where the work product delivered by the contractor does not meet the quality requirements, the hirer may reasonably choose to request the contractor to bear the liabilities for breach of contract such as repair, rework, reduction of remuneration and compensation for losses.

Article 782 hirer’s remuneration shall be paid within the prescribed time limit. Where the time limit for payment of remuneration is not prescribed or clearly prescribed, and cannot be determined according to the provisions of Article 510 of this Law, the hirer shall pay it when the contractor delivers the work product; Where the work product is partially delivered, the ordering party shall pay accordingly.

Article 783 Where the hirer fails to pay remuneration or material fees to the hiree, the hiree shall have a lien on the completed work product or the right to refuse to deliver it, unless otherwise agreed by the parties.

Article 784 The hiree shall properly keep the materials provided by the hirer and the completed work product, and shall be liable for compensation for damage or loss caused by improper keeping.

Article 785 The hiree shall keep the confidentiality as required by the hirer, and shall not keep copies or technical data without the permission of the hirer.

Article 786 Joint Hiree’s Joint Liability to the Hirer, unless otherwise agreed by the parties.

Article 787 The hirer may terminate the contract at any time before the hiree finishes the work, and shall compensate for the losses caused to the hiree.

Chapter XVIII Construction Project Contract

Article 788 A construction project contract is a contract in which the contractor carries out the project construction and the developer pays the price.

Construction engineering contracts include engineering survey, design and construction contracts.

Article 789 A construction project contract shall be in written form.

Article 790 Bidding activities for construction projects shall be conducted in an open, fair and just manner in accordance with the provisions of relevant laws.

Article 791 The developer may enter into a construction project contract with the general contractor, or enter into a survey, design and construction contract with the surveyor, designer and constructor respectively. The employer shall not divide the construction project that should be completed by one contractor into several parts and contract it out to several contractors.

The general contractor or the survey, design and construction contractor may, with the consent of the employer, entrust part of his contracted work to a third party. The third party shall be jointly and severally liable to the Employer with the general contractor or the survey, design and construction contractor for the work results it has completed. The contractor shall not subcontract all the construction projects it has contracted to a third party or subcontract all the construction projects it has contracted to a third party in the name of subcontracting.

It is forbidden for the contractor to subcontract the project to units that do not have the corresponding qualifications. Subcontractors are prohibited from subcontracting the contracted projects. The construction of the main structure of the construction project must be completed by the contractor himself.

Article 792 A contract for a major state construction project shall be concluded in accordance with the procedures prescribed by the state and the investment plan, feasibility study report and other documents approved by the state.

Article 793 The construction contract of a construction project is invalid, but if the construction project has passed the acceptance test, the contractor may be compensated at a discount according to the agreement on the project price in the contract.

If the construction contract of the construction project is invalid and the acceptance of the construction project is unqualified, it shall be handled according to the following circumstances:

(a) after the repair of the construction project acceptance, the employer may request the contractor to bear the cost of repair;

(two) after the repair of the construction project experience is unqualified, the contractor has no right to request discount compensation according to the contract about the project price.

If the employer is at fault for the losses caused by the unqualified construction project, it shall bear corresponding responsibilities.

Article 794 The contents of a survey and design contract generally include terms such as the time limit, quality requirements, expenses and other cooperation conditions for submitting relevant basic materials and budgetary estimates.

Article 795 The contents of a construction contract generally include the scope of the project, the construction period, the start and completion time of the intermediate completed project, the project quality, the project cost, the delivery time of technical data, the responsibility for the supply of materials and equipment, the allocation and settlement, the completion acceptance, the scope and period of quality warranty, and mutual cooperation.

Article 796 Where supervision is carried out on a construction project, the employer shall conclude an entrustment supervision contract with the supervisor in written form. The rights, obligations and legal responsibilities of the employer and the supervisor shall be in accordance with the provisions of the entrustment contract and other relevant laws and administrative regulations.

Article 797 The developer may inspect the progress and quality of the work at any time without interfering with the normal operation of the contractor.

Article 798 Before concealed works are concealed, the contractor shall notify the employer to inspect them. If the Employer fails to make timely inspection, the Contractor may postpone the project date and have the right to claim compensation for losses such as shutdown and slowdown.

Article 799 Upon completion of a construction project, the developer shall make timely acceptance according to the construction drawings and specifications, the construction acceptance specifications and quality inspection standards issued by the state. Upon acceptance, the Employer shall pay the price as agreed and take over the construction project.

After the completion of the construction project is qualified, it can be delivered for use; Without acceptance or unqualified acceptance, it shall not be delivered for use.

Article 800 Where the quality of survey and design does not meet the requirements or the survey and design documents are not submitted within the time limit, thus delaying the construction period, thus causing losses to the Employer, the surveyor and designer shall continue to improve the survey and design, reduce or waive the survey and design fees and compensate for the losses.

Article 801 Where the quality of a construction project is not in conformity with the contract due to the builder’s reasons, the developer has the right to request the builder to repair, rework or rebuild it free of charge within a reasonable period of time. If the delivery is delayed after repair, rework or reconstruction, the constructor shall bear the liability for breach of contract.

Article 802 Where a construction project causes personal injury or property loss within a reasonable use period due to the contractor’s reasons, the contractor shall be liable for compensation.

Article 803 Where the developer fails to provide raw materials, equipment, site, funds and technical data in accordance with the agreed time and requirements, the contractor may postpone the project date, and has the right to claim compensation for losses such as work stoppage and slowdown.

Article 804 Where the project is stopped or postponed due to the employer’s reasons, the employer shall take measures to make up for or reduce the losses, and compensate the contractor for the losses and actual expenses caused by work stoppage, slowdown, reverse shipment, relocation of machinery and equipment, and backlog of materials and components.

Article 805 Where the survey and design are reworked, stopped or the design is modified due to the employer’s change of plans, inaccurate information provided, or failure to provide necessary survey and design working conditions within the time limit, the employer shall increase the fees according to the workload actually consumed by the surveyor and designer.

Article 806 Where a contractor subcontracts a construction project or subcontracts it illegally, the employer may terminate the contract.

If the main building materials, building components and equipment provided by the Employer do not meet the mandatory standards or fail to perform the obligation of assistance, so that the contractor cannot carry out the construction, and fails to perform the corresponding obligations within a reasonable period after being urged, the contractor may terminate the contract.

After the termination of the contract, if the quality of the completed construction project is qualified, the employer shall pay the corresponding project price in accordance with the agreement; If the quality of the completed construction project is unqualified, it shall be handled with reference to the provisions of Article 793 of this Law.

Article 807 Where the developer fails to pay the price as agreed, the contractor may demand the developer to pay the price within a reasonable time. If the employer fails to pay within the time limit, the contractor may agree with the employer to discount the project, or request the people’s court to auction the project according to law, except that it is not suitable for discount or auction according to the nature of the construction project. The price of a construction project shall be given priority in compensation for the discount or auction price of the project.

Article 808 Where there are no provisions in this chapter, the relevant provisions of the contract shall apply.

Chapter XIX Contract of Carriage

Section 1 General Provisions

Article 809 A contract of carriage is a contract in which the carrier transports passengers or goods from the place of departure to the agreed place, and the passenger, shipper or consignee pays the fare or transportation expenses.

Article 810 A carrier engaged in public transportation shall not refuse the usual and reasonable transportation requirements of passengers and shippers.

Article 811 The carrier shall safely transport passengers and goods to the agreed place within the agreed time limit or within a reasonable time limit.

Article 812 The carrier shall transport passengers and goods to the agreed place according to the agreed or usual transport route.

Article 813 The passenger, shipper or consignee shall pay the fare or transportation expenses. If the carrier fails to transport by the agreed route or the usual route, the passenger, shipper or consignee may refuse to pay the increased fare or transportation fee.

Section 2 Passenger Transport Contract

Article 814 A passenger transport contract shall be established when the carrier issues the passenger ticket, unless the parties have otherwise agreed or have other trading habits.

Article 815 Passengers shall ride according to the time, flight number and seat number recorded in the valid ticket. Passengers who ride without a ticket, over-ride, leapfrog or with preferential tickets that do not meet the price reduction conditions shall pay the fare, and the carrier may charge additional fare in accordance with the regulations; If the passenger does not pay the fare, the carrier may refuse to transport.

Passengers under the real-name registration system Passenger Transport Contract who lose their tickets may request the carrier to report the loss and reissue them, and the carrier shall not charge the fare and other unreasonable fees again.

Article 816 If a passenger cannot travel at the time recorded in the ticket due to his own reasons, he shall go through the formalities of refund or change within the agreed time limit; If it is handled within the time limit, the carrier may not refund the money and will no longer undertake the transportation obligation.

Article 817 The carry-on luggage of passengers shall meet the agreed limit and category requirements; If you carry luggage in excess of the limit or in violation of the category requirements, you should go through the consignment formalities.

Article 818 Passengers are not allowed to carry with them or carry in their luggage dangerous or prohibited articles that are inflammable, explosive, toxic, corrosive and radioactive, and may endanger the personal and property safety of the means of transport.

If a passenger violates the provisions of the preceding paragraph, the carrier may unload, destroy or deliver the dangerous or prohibited articles to the relevant departments. If the passenger insists on carrying or entraining dangerous goods or prohibited goods, the carrier shall refuse to transport them.

Article 819 The carrier shall strictly perform the obligation of safe transportation and promptly inform the passengers of the matters that should be paid attention to in safe transportation. Passengers should actively assist and cooperate with the reasonable arrangements made by the carrier for safe transportation.

Article 820 The carrier shall transport passengers according to the time, frequency and seat number recorded in the valid ticket. If the carrier delays transportation or has other abnormal transportation conditions, it shall promptly inform and remind passengers, take necessary resettlement measures, and arrange to change to other flights or refund tickets according to the requirements of passengers; The carrier shall be liable for the loss of passengers caused by this, except that it is not attributable to the carrier.

Article 821 If the carrier lowers the service standard without authorization, it shall refund the ticket or reduce the fare according to the passenger’s request; If the service standard is improved, no additional fare shall be charged.

Article 822 In the course of transportation, the carrier shall try its best to help passengers suffering from acute illness, childbirth or distress.

Article 823 The carrier shall be liable for the casualties of passengers during transportation; However, unless the casualty is caused by the passenger’s own health or the carrier proves that the casualty is caused by the passenger’s intentional or gross negligence.

The provisions of the preceding paragraph shall apply to passengers without tickets who are free of charge, hold preferential tickets or get permission from the carrier.

Article 824 If the articles carried by passengers are damaged or lost in the course of transportation, and the carrier is at fault, it shall be liable for compensation.

If the checked baggage of passengers is damaged or lost, the relevant provisions on the transport of goods shall apply.

Section 3 Contract of Freight Transportation

Article 825 When handling the transportation of goods, the shipper shall accurately indicate to the carrier the name of the consignee or the consignee as instructed, the name, nature, weight and quantity of the goods, the place of receipt and other necessary information about the transportation of goods.

If the shipper’s declaration is false or important information is omitted, causing losses to the carrier, the shipper shall be liable for compensation.

Article 826 Where the transportation of goods needs to go through the formalities of examination and approval, inspection, etc., the shipper shall submit the documents that have gone through the relevant formalities to the carrier.

Article 827 The shipper shall pack the goods in the agreed manner. Where there is no agreement or unclear agreement on the packaging method, the provisions of Article 619th of this Law shall apply.

If the shipper violates the provisions of the preceding paragraph, the carrier may refuse to transport.

Article 828 Where the shipper consigns inflammable, explosive, toxic, corrosive, radioactive and other dangerous goods, it shall properly package the dangerous goods in accordance with the provisions of the state on the transportation of dangerous goods, make signs and labels of the dangerous goods, and submit written materials about the names, properties and preventive measures of the dangerous goods to the carrier.

If the shipper violates the provisions of the preceding paragraph, the carrier may refuse to transport or take corresponding measures to avoid losses, and the expenses incurred therefrom shall be borne by the shipper.

Article 829 Before the carrier delivers the goods to the consignee, the shipper may require the carrier to stop the transportation, return the goods, change the destination or deliver the goods to other consignees, but it shall compensate the carrier for the losses thus incurred.

Article 830 If the carrier knows the consignee after the arrival of the goods, it shall notify the consignee in time, and the consignee shall take delivery of the goods in time. If the consignee fails to take delivery of the goods within the time limit, it shall pay the carrier the storage fee and other expenses.

Article 831 The consignee shall inspect the goods within the agreed time limit when taking delivery of the goods. If the time limit for inspection of the goods is not stipulated or clearly stipulated, and cannot be determined according to the provisions of Article 510 of this Law, the goods shall be inspected within a reasonable time limit. If the consignee does not raise any objection to the quantity, damage, etc. of the goods within the agreed time limit or within a reasonable time limit, it shall be regarded as the preliminary evidence that the carrier has delivered the goods according to the records in the transport documents.

Article 832 The carrier shall be liable for the damage or loss of the goods in the course of transportation. However, the carrier shall not be liable for compensation if it proves that the damage or loss of the goods is caused by force majeure, the natural nature or reasonable wear and tear of the goods themselves and the fault of the shipper or consignee.

Article 833 The amount of compensation for damage or loss of the goods shall be in accordance with the agreement of the parties; If there is no agreement or the agreement is unclear, and it cannot be determined according to the provisions of Article 510 of this Law, it shall be calculated according to the market price of the place where the goods arrived at the time of delivery or should be delivered. Where there are other provisions in laws and administrative regulations on the calculation method and compensation limit, such provisions shall prevail.

Article 834 Where two or more carriers carry through by the same mode of transport, the carrier who entered into a contract with the shipper shall be liable for the whole transport; If the loss occurs in a certain transportation section, the carrier who entered into a contract with the shipper and the carrier in that section shall bear joint and several liabilities.

Article 835 If the goods were lost in the course of transportation due to force majeure and the freight was not collected, the carrier shall not demand payment of the freight; If the freight has been collected, the shipper may request to return it. Where there are other provisions in the law, such provisions shall prevail.

Article 836 Where the shipper or consignee fails to pay the freight, storage fee or other expenses, the carrier shall have a lien on the corresponding transported goods, unless otherwise agreed by the parties.

Article 837 Where the consignee is unknown or refuses to take delivery of the goods without justifiable reasons, the carrier may place the goods in escrow according to law.

Section 4 Multimodal Transport Contract

Article 838 The multimodal transport operator shall be responsible for performing or organizing the performance of the multimodal transport contract, enjoy the rights and undertake the obligations of the carrier for the whole journey of transport.

Article 839 A multimodal transport operator may agree on mutual responsibilities with the carriers participating in the multimodal transport for each section of the multimodal transport contract; However, this agreement does not affect the obligations of multimodal transport operators for the whole journey.

Article 840th The multimodal transport operator shall issue a multimodal transport document upon receipt of the goods delivered by the shipper. According to the shipper’s requirements, multimodal transport documents can be negotiable or non-negotiable.

Article 841 Where the loss of the multimodal transport operator is caused by the fault of the shipper when consigning the goods, the shipper shall be liable for compensation even if the multimodal transport document has been transferred by the shipper.

Article 842 Where the damage or loss of the goods occurred in a certain section of multimodal transport, the liability and limitation of liability of the multimodal transport operator shall be governed by the relevant laws and regulations regulating the mode of transport in that section; If the transport section where the goods are damaged or lost cannot be determined, it shall be liable for compensation in accordance with the provisions of this chapter.

Chapter 20 Technology Contract

Section 1 General Provisions

Article 843 A technology contract is a contract concluded by the parties for technology development, transfer, licensing, consultation or service, which establishes their mutual rights and obligations.

Article 844 The conclusion of a technology contract shall be conducive to the protection of intellectual property rights and the progress of science and technology, and promote the research and development, transformation, application and popularization of scientific and technological achievements.

Article 845 The contents of a technology contract generally include the name of the project, the content, scope and requirements of the subject matter, the plan, place and method of performance, the confidentiality of technical information and materials, the ownership of technical achievements and the distribution method of benefits, the acceptance criteria and methods, and the interpretation of terms and terms.

Technical background information, feasibility study and technical evaluation report, project task book and plan, technical standards, technical specifications, original design and process documents, and other technical documents related to the performance of the contract can be used as an integral part of the contract according to the agreement of the parties.

Where a technology contract involves a patent, it shall indicate the name of the invention-creation, the applicant and patentee of the patent, the date of application, the application number, the patent number and the validity period of the patent right.

Article 846 The method of payment of the price, remuneration or use fee of a technology contract shall be agreed upon by the parties, and may be lump sum payment or lump sum payment, or royalty payment or royalty payment with additional advance entry fee.

If it is agreed to pay the royalty, the royalty may be calculated according to a certain proportion of the product price, the new output value, profit or product sales after the implementation of the patent and the use of technical secrets, or in other agreed ways. The proportion of royalty payment can be fixed, increasing year by year or decreasing year by year.

Where royalty payment is agreed, the parties may agree on the method of consulting relevant accounting accounts.

Article 847 Where the right to use or transfer a technical achievement of a post belongs to a legal person or an organization without legal personality, the legal person or organization without legal personality may conclude a technical contract for the technical achievement of the post. When a legal person or an unincorporated organization enters into a technology contract to transfer the technical achievements of the post, the person who completed the technical achievements of the post shall have the priority to be transferred under the same conditions.

The technical achievements of the post are the technical achievements made by performing the tasks of a legal person or an unincorporated organization, or mainly using the material and technical conditions of a legal person or an unincorporated organization.

Article 848 The right to use and transfer a non-post technological achievement belongs to the individual who has completed the technological achievement, and the individual who has completed the technological achievement may conclude a technical contract for the non-post technological achievement.

Article 849 An individual who has completed a technological achievement shall have the right to state in the relevant technical achievement documents that he is the person who completed the technological achievement and the right to obtain honorary certificates and awards.

Article 850 A technology contract that illegally monopolizes technology or infringes on the technological achievements of others is invalid.

Section 2 Technology Development Contract

Article 851 A technology development contract is a contract concluded between the parties for the research and development of new technologies, new products, new processes, new varieties or new materials and their systems.

Technology development contracts include entrusted development contracts and cooperative development contracts.

A technology development contract shall be in written form.

Contracts concluded between the parties for the transformation of scientific and technological achievements with practical value shall refer to the relevant provisions of applicable technology development contracts.

Article 852 The client of a commissioned development contract shall pay the research and development funds and remuneration, provide technical data, put forward the research and development requirements, complete the cooperation matters and accept the research and development results in accordance with the agreement.

Article 853 The developer of a commissioned development contract shall formulate and implement a research and development plan in accordance with the contract, rationally use the research and development funds, complete the research and development work on schedule, deliver the research and development results, provide relevant technical data and necessary technical guidance, and help the client master the research and development results.

Article 854 Where a party to a commissioned development contract violates the contract and causes stagnation, delay or failure in research and development, it shall be liable for breach of contract.

Article 855 The parties to a cooperative development contract shall make investment in accordance with the agreement, including investment in technology, participation in research and development in a division of labor, and cooperation in research and development.

Article 856 Where the parties to a cooperative development contract violate the contract and cause stagnation, delay or failure in research and development, they shall be liable for breach of contract.

Article 857 Where the technology that is the subject of a technology development contract has been made public by others, thus rendering the performance of the technology development contract meaningless, the parties may terminate the contract.

Article 858 Where the research and development fails or partially fails due to insurmountable technical difficulties during the performance of a technology development contract, the risk shall be agreed upon by the parties; If there is no agreement or the agreement is not clear, and it cannot be determined according to the provisions of Article 510 of this Law, the risks shall be reasonably shared by the parties.

When one party discovers the circumstances specified in the preceding paragraph that may cause the research and development to fail or partially fail, it shall promptly notify the other party and take appropriate measures to reduce losses; If the loss is enlarged due to failure to notify in time and take appropriate measures, it shall be liable for the enlarged loss.

Article 859 Except as otherwise provided by law or agreed by the parties, the right to apply for a patent for an invention-creation that has been commissioned for development belongs to the research developer. If the research developer obtains a patent right, the client may exploit the patent according to law.

Where the research developer assigns the right to apply for a patent, the trustor shall have the priority to be assigned under the same conditions.

Article 860 The right to apply for a patent for an invention-creation completed through cooperative development belongs to all parties involved in the cooperative development. If one party transfers its joint patent application right, the other parties shall have the priority to be assigned under the same conditions. However, unless otherwise agreed by the parties.

If one party to a cooperative development renounces its joint patent application right, it may apply separately by the other party or jointly by other parties, unless otherwise agreed by the parties. If the applicant obtains a patent right, the party who gives up the right to apply for a patent may exploit the patent free of charge.

If one party to a cooperative development does not agree to apply for a patent, the other party or other parties shall not apply for a patent.

Article 861 The right to use, the right to transfer, and the method for distributing the proceeds of the technological secret achievements completed through entrusted development or cooperative development shall be agreed upon by the parties. If there is no agreement or the agreement is unclear, and it cannot be determined according to the provisions of Article 510 of this Law, the parties concerned shall have the right to use and transfer the same technical scheme before it is granted a patent right. However, the research developer entrusted with the development shall not transfer the research and development achievements to a third party before delivering them to the client.

Section 3 Technology Transfer Contract and Technology Licensing Contract

Article 862 A technology transfer contract is a contract concluded by the obligee who legally owns the technology and assigns the relevant rights of the existing specific patent, patent application and technical secret to others.

A technology licensing contract is a contract concluded by the right holder who legally owns the technology and licenses the relevant rights of the existing specific patents and technical secrets to others for implementation and use.

The provisions in the technology transfer contract and technology licensing contract on providing special equipment and raw materials for the implementation of technology or providing relevant technical consultation and technical services are part of the contract.

Article 863 Technology transfer contracts include contracts for the transfer of patent rights, the transfer of patent application rights and the transfer of technical secrets.

Technology licensing contracts include patent licensing, technology secret licensing and other contracts.

Technology transfer contracts and technology licensing contracts shall be in written form.

Article 864 A technology transfer contract and a technology licensing contract may stipulate the scope of exploitation of patents or use of technical secrets, but they shall not restrict technological competition and development.

Article 865 A patent licensing contract is only valid within the duration of the patent right. Where the term of validity of the patent right expires or the patent right is declared invalid, the patentee may not conclude a patent licensing contract with others for the patent.

Article 866 The licensor of a patent licensing contract shall, in accordance with the agreement, license the licensee to exploit the patent, deliver the technical materials related to the exploitation of the patent, and provide necessary technical guidance.

Article 867 The licensee of a patent exploitation license contract shall exploit the patent in accordance with the agreement, and shall not license a third party other than the agreement to exploit the patent and pay the royalties in accordance with the agreement.

Article 868 The transferor of a technology secret transfer contract and the licensor of a technology secret use license contract shall provide technical information, provide technical guidance, ensure the practicability and reliability of the technology and undertake the obligation of confidentiality in accordance with the agreement.

The confidentiality obligation stipulated in the preceding paragraph does not restrict the licensor from applying for a patent, unless otherwise agreed by the parties.

Article 869 The transferee of a technology secret transfer contract and the licensee of a technology secret license contract shall use the technology in accordance with the agreement, pay the transfer fee and royalties, and undertake the obligation of confidentiality.

Article 870 The transferor of a technology transfer contract and the licensor of a technology licensing contract shall ensure that they are the legitimate owners of the technology provided, and that the technology provided is complete, error-free and effective, and can achieve the agreed objectives.

Article 871 The transferee of a technology transfer contract and the licensee of a technology licensing contract shall, in accordance with the agreed scope and time limit, undertake the obligation to keep confidential the undisclosed secret parts of the technology provided by the transferor and licensor.

Article 872 Where a licensor fails to license the technology in accordance with the agreement, it shall return part or all of the royalties and bear the liability for breach of contract; Where the patent is exploited or the technical secret is used beyond the agreed scope, and the third party is allowed to exploit the patent or use the technical secret without authorization in violation of the agreement, it shall stop the breach of contract and bear the liability for breach of contract; Anyone who violates the agreed confidentiality obligation shall bear the liability for breach of contract.

Where the transferor is liable for breach of contract, the provisions of the preceding paragraph shall apply mutatis mutandis.

Article 873 Where the licensee fails to pay the royalties as agreed, it shall pay the royalties and pay the liquidated damages as agreed. Those who fail to pay the royalties or liquidated damages shall stop exploiting patents or using technical secrets, return technical data and bear the liability for breach of contract; Where the exploitation of the patent or the use of the technical secret exceeds the agreed scope, and a third party is allowed to exploit the patent or use the technical secret without the consent of the licensor, it shall stop the breach of contract and bear the liability for breach of contract; Anyone who violates the agreed confidentiality obligation shall bear the liability for breach of contract.

The transferee shall be liable for breach of contract by referring to the provisions of the preceding paragraph.

Article 874 Where the transferee or licensee infringes upon the lawful rights and interests of others by exploiting the patent or using the technical secret as agreed, the transferor or licensor shall bear the responsibility, unless otherwise agreed by the parties.

Article 875 The parties may, in accordance with the principle of mutual benefit, stipulate in the contract the method of sharing the technological achievements of the subsequent improvement of the exploitation of the patent and the use of technical secrets; If there is no agreement or the agreement is unclear, and it cannot be determined according to the provisions of Article 510 of this Law, one party shall have no right to share the technological achievements of subsequent improvement.

Article 876 The transfer and licensing of the exclusive right to layout design of integrated circuits, the right to new varieties of plants, the copyright of computer software and other intellectual property rights shall be governed by the relevant provisions of this section.

Article 877 Where laws and administrative regulations provide otherwise for technology import and export contracts or patents or patent application contracts, such provisions shall prevail.

Section 4 Technical Consulting Contract and Technical Service Contract

Article 878 A technical consultation contract is a contract concluded by one party with technical knowledge to provide the other party with feasibility demonstration, technical prediction, special technical investigation, analysis and evaluation report, etc. on a specific technical project.

A technical service contract is a contract concluded by one party to solve specific technical problems for the other party with technical knowledge, excluding contracting contracts and construction project contracts.

Article 879 The client of a technical consulting contract shall clarify the consulting issues in accordance with the agreement, provide technical background materials and relevant technical materials, accept the work results of the agent, and pay remuneration.

Article 880 The trustee of a technical consulting contract shall complete the consulting report or answer questions within the agreed time limit, and the consulting report submitted shall meet the agreed requirements.

Article 881 Where the client of a technical consulting contract fails to provide the necessary information as agreed, thus affecting the progress and quality of the work, or fails to accept the work results or fails to accept them within the time limit, the remuneration paid shall not be recovered, and the unpaid remuneration shall be paid.

If the trustee of a technical consulting contract fails to submit the consulting report on time or the consulting report submitted does not conform to the agreement, it shall bear the liability for breach of contract such as reducing or exempting remuneration.

Unless otherwise agreed by the parties, the losses caused by the decision made by the client of a technical consulting contract according to the consulting report and opinions of the agent that meet the agreed requirements shall be borne by the client.

Article 882 The client of a technical service contract shall provide working conditions, complete cooperation matters, accept the work results and pay remuneration in accordance with the agreement.

Article 883 The trustee of a technical service contract shall complete the service project, solve the technical problems, ensure the quality of the work and impart the knowledge to solve the technical problems in accordance with the agreement.

Article 884 Where the client of a technical service contract fails to perform its contractual obligations or the performance of the contractual obligations does not conform to the agreement, which affects the progress and quality of the work, and refuses to accept the work results or fails to accept them within the time limit, the remuneration paid shall not be recovered, and the unpaid remuneration shall be paid.

If the trustee of a technical service contract fails to complete the service work as agreed, he shall bear the liability for breach of contract such as exemption from remuneration.

Article 885 During the performance of a technical consulting contract or a technical service contract, the new technical achievements made by the agent by using the technical data and working conditions provided by the client belong to the agent. New technological achievements made by the trustor using the work achievements of the trustee belong to the trustor. Unless otherwise agreed by the parties, such agreement shall prevail.

Article 886 Where there is no agreement or unclear agreement on the burden of the expenses required for the normal work of the trustee in the technical consulting contract and technical service contract, it shall be borne by the trustee.

Article 887 Where there are other provisions in laws and administrative regulations on technical intermediary contracts and technical training contracts, such provisions shall prevail.

Chapter XXI Custody Contract

Article 888 A custody contract is a contract whereby the depository keeps the deposit delivered by the depositor and returns it.

Where the depositor goes to the custodian to engage in shopping, dining, accommodation and other activities, and stores the goods in a designated place, it shall be regarded as custody, unless the parties have otherwise agreed or have other trading habits.

Article 889 The depositor shall pay the safekeeping fee to the custodian as agreed.

If the parties have not agreed on the storage fee or the agreement is unclear, and it cannot be determined according to the provisions of Article 510 of this Law, it shall be regarded as free storage.

Article 890 A custody contract shall be established upon delivery of the deposit, unless otherwise agreed by the parties.

Article 891 Where the depositor delivers the deposit to the depository, the depository shall issue a deposit certificate, unless there are other trading habits.

Article 892 The depository shall properly keep the deposit.

The parties may agree on the place or method of storage. Except in an emergency or to safeguard the interests of the depositor, the place or method of storage shall not be changed without authorization.

Article 893 Where the deposit delivered by the depositor is defective or special storage measures need to be taken according to the nature of the deposit, the depositor shall inform the depository of the relevant information. If the depositor fails to inform, thus causing losses to the deposit, the depository shall not be liable for compensation; If the custodian suffers losses as a result, the depositor shall be liable for compensation, unless the custodian knows or should know and fails to take remedial measures.

Article 894 The depository may not transfer the deposit to a third person for safekeeping, unless otherwise agreed by the parties.

Where the depository, in violation of the provisions of the preceding paragraph, transfers the deposit to a third person for safekeeping, thus causing losses to the deposit, it shall be liable for compensation.

Article 895 The depository shall not use or permit a third party to use the deposit, unless otherwise agreed by the parties.

Article 896 Where a third party claims the right to the deposit, the depository shall perform the obligation to return the deposit to the depositor in addition to taking measures for preservation or enforcement according to law.

If a third party brings a lawsuit against the depository or applies for seizure of the deposit, the depository shall promptly notify the depositor.

Article 897 Where the safekeeping article is damaged or lost due to improper safekeeping by the safekeeping party, the safekeeping party shall be liable for compensation. However, if the unpaid custodian proves that he has no intention or gross negligence, he shall not be liable for compensation.

Article 898 Where a depositor deposits currency, securities or other valuables, it shall make a declaration to the depository, and the depository shall accept or seal it up; If the depositor fails to make a statement, after the goods are damaged or lost, the depositor may make compensation according to the general goods.

Article 899 The depositor may collect the deposit at any time.

If the parties have not agreed on the storage period or the agreement is unclear, the depository may request the depositor to collect the deposit at any time; If the storage period is agreed, the depository may not ask the depositor to collect the deposit in advance without special reasons.

Article 900 Where the storage period expires or the depositor receives the deposit in advance, the depository shall return the original and its fruits to the depositor.

Article 901 Where a depository keeps money, it may return the same kind and quantity of money; Where other substitutes are kept, the goods of the same kind, quality and quantity may be returned as agreed.

Article 902 For a paid safekeeping contract, the depositor shall pay the safekeeping fee to the custodian within the agreed time limit.

If the time limit for payment is not prescribed or clearly prescribed by the parties, and it cannot be determined according to the provisions of Article 510 of this Law, the payment shall be made at the same time as the deposit is collected.

Article 903 Where the depositor fails to pay the safekeeping fee or other fees as agreed, the depository shall have a lien on the deposit, unless otherwise agreed by the parties.

Chapter XXII Warehousing Contract

Article 904 A warehousing contract is a contract in which the depository stores the goods delivered by the depositor and the depositor pays the warehousing fee.

Article 905 A warehousing contract is established when the depository and the depositor agree on their intentions.

Article 906 Where inflammable, explosive, toxic, corrosive, radioactive and other dangerous goods or perishable goods are stored, the depositor shall explain the nature of the goods and provide relevant information.

If the depositor violates the provisions of the preceding paragraph, the depository may reject the goods or take corresponding measures to avoid losses, and the expenses thus incurred shall be borne by the depositor.

Where a custodian stores inflammable, explosive, toxic, corrosive, radioactive and other dangerous goods, it shall have corresponding storage conditions.

Article 907 The depository shall, in accordance with the agreement, check and accept the warehousing goods. If the warehouser finds that the warehousing goods are not in conformity with the agreement during the acceptance, it shall promptly notify the depositor. If the variety, quantity and quality of the stored goods do not conform to the agreement after the acceptance by the depository, the depository shall be liable for compensation.

Article 908 Where the depositor delivers the warehoused goods, the depository shall issue certificates such as warehouse receipts and warehouse receipts.

Article 909 The depository shall sign or seal the warehouse receipt. Warehouse receipts include the following items:

(1) The name and domicile of the depositor;

(2) The variety, quantity, quality, packaging, number of pieces and marks of the stored goods;

(three) the loss standard of the stored goods;

(4) storage places;

(5) Storage period;

(6) storage fees;

(7) If the warehouse goods have been insured, the insured amount, duration and the name of the insurer;

(eight) the person, place and date of issuance.

Article 910 A warehouse receipt is a voucher for picking up the stored goods. Where the depositor or the holder of the warehouse receipt endorses the warehouse receipt and is signed or sealed by the depository, the right to take delivery of the goods may be transferred.

Article 911 The depository shall, at the request of the depositor or the holder of the warehouse receipt, allow him to inspect the warehouse goods or take samples.

Article 912 Where the warehouser discovers deterioration or other damage to the warehoused goods, it shall promptly notify the depositor or warehouse receipt holder.

Article 913 Where the warehouser discovers that the warehousing goods are deteriorated or otherwise damaged, which endangers the safety and normal storage of other warehousing goods, he shall urge the depositor or warehouse receipt holder to take necessary measures. In case of emergency, the custodian may make necessary disposal; However, the depositor or warehouse receipt holder shall be informed of the situation in a timely manner afterwards.

Article 914 Where the storage period is not prescribed or clearly prescribed by the parties, the depositor or warehouse receipt holder may take delivery of the goods at any time, and the depository may also request the depositor or warehouse receipt holder to take delivery of the goods at any time, provided that necessary preparation time is given.

Article 915 Upon expiration of the storage period, the depositor or warehouse receipt holder shall take delivery of the stored goods against the warehouse receipt, warehouse receipt, etc. If the depositor or warehouse receipt holder withdraws the goods within the time limit, a storage fee shall be charged; If it is withdrawn in advance, the storage fee will not be reduced.

Article 916 Where the depositor or warehouse receipt holder fails to take delivery of the goods at the expiration of the storage period, the depository may urge him to take delivery within a reasonable period; If the goods are not withdrawn within the time limit, the depository may deposit the goods.

Article 917 Where the goods are damaged or lost due to improper storage during the storage period, the depository shall be liable for compensation. The warehouser shall not be liable for compensation for deterioration or damage caused by the natural nature and packaging of the warehouser itself or the expiration of the effective storage period.

Article 918 Where there are no provisions in this chapter, the relevant provisions of the custody contract shall apply.

Chapter XXIII Entrustment Contract

Article 919 An entrustment contract is a contract in which the principal and the agent agree that the agent shall handle the principal’s affairs.

Article 920 The principal may entrust the agent to handle one or more affairs in particular, or entrust the agent to handle all affairs in general.

Article 921 The trustor shall prepay the expenses for handling the entrusted affairs. The principal shall repay the necessary expenses paid by the trustee for handling the entrusted affairs and pay interest.

Article 922 The agent shall handle the entrusted affairs in accordance with the instructions of the principal. If it is necessary to change the instructions of the client, it shall be approved by the client; If it is difficult to get in touch with the client due to an emergency, the agent shall properly handle the entrusted affairs, but shall report the situation to the client in time afterwards.

Article 923 The agent shall personally handle the entrusted affairs. With the consent of the principal, the agent may delegate. If the sub-entrustment is approved or ratified, the principal may directly instruct the third party to delegate the entrusted affairs, and the trustee shall only be responsible for the appointment and instruction of the third party. If the sub-entrustment is not approved or ratified, the agent shall be responsible for the behavior of the third party who has sub-entrusted; However, in case of emergency, the trustee needs to delegate to a third party in order to safeguard the interests of the principal.

Article 924 The agent shall, at the request of the principal, report the handling of the entrusted affairs. When the entrustment contract is terminated, the agent shall report the results of the entrusted affairs.

Article 925 A contract concluded by the agent in his own name with a third party within the scope authorized by the principal, and if the third party knew the agency relationship between the agent and the principal when concluding the contract, the contract directly binds the principal and the third party; However, unless there is definite evidence that the contract only binds the trustee and the third party.

Article 926 When the agent enters into a contract with a third party in its own name, if the third party is unaware of the agency relationship between the agent and the principal, and the agent fails to perform its obligations to the principal due to the third party’s reasons, the agent shall disclose the third party to the principal, so that the principal may exercise the rights of the agent to the third party. However, unless the third party knew that the client would not conclude the contract when concluding the contract with the trustee.

If the agent fails to perform his obligations to the third party due to the principal’s reasons, the agent shall disclose the principal to the third party, so the third party may choose the agent or the principal as the counterpart to claim his rights, but the third party may not change the selected counterpart.

If the trustor exercises the rights of the trustee against the third party, the third party may claim its defense against the trustee from the trustor. If the third party chooses the trustor as its counterpart, the trustor may claim its defense against the trustee and the trustee’s defense against the third party.

Article 927 Property acquired by the agent in handling the entrusted affairs shall be handed over to the principal.

Article 928 Where the agent completes the entrusted affairs, the principal shall pay remuneration to him as agreed.

If the entrustment contract is dissolved or the entrusted affairs cannot be completed due to reasons not attributable to the trustee, the principal shall pay the corresponding remuneration to the trustee. Unless otherwise agreed by the parties, such agreement shall prevail.

Article 929 Where a paid entrustment contract causes losses to the principal due to the fault of the agent, the principal may claim compensation for the losses. In a gratuitous entrustment contract, if the principal suffers losses due to the intentional or gross negligence of the agent, the principal may request compensation for the losses.

If the trustee exceeds his authority and causes losses to the principal, he shall compensate for the losses.

Article 930 When handling the entrusted affairs, the agent may claim compensation from the principal for losses due to causes not attributable to him.

Article 931 Subject to the consent of the agent, the principal may entrust a third person other than the agent to handle the entrusted affairs. If losses are caused to the trustee, the trustee may request compensation from the principal.

Article 932 Where two or more agents jointly handle the entrusted affairs, they shall be jointly and severally liable to the principal.

Article 933 The principal or the agent may terminate the entrustment contract at any time. If the other party suffers losses due to the termination of the contract, except for reasons not attributable to the party concerned, the party who terminates the contract without compensation shall compensate the direct losses caused by the improper termination time, and the party who terminates the contract with compensation shall compensate the other party for the direct losses and the benefits that can be obtained after the contract is performed.

Article 934 Where the trustor dies or terminates, or the trustee dies or loses capacity for civil conduct or terminates, the entrustment contract shall be terminated; However, unless otherwise agreed by the parties or due to the nature of the entrusted affairs, it is not appropriate to terminate it.

Article 935 Where the termination of the entrustment contract will harm the principal’s interests due to the principal’s death or being declared bankrupt or dissolved, the agent shall continue to handle the entrusted affairs before the successor, estate administrator or liquidator of the principal undertakes the entrusted affairs.

Article 936 Where the entrustment contract is terminated due to the trustee’s death, loss of capacity for civil conduct or being declared bankrupt or dissolved, the trustee’s heirs, estate administrators, legal representatives or liquidators shall promptly notify the trustor. If the termination of the entrustment contract will harm the interests of the client, the trustee’s heirs, estate managers, legal representatives or liquidators shall take necessary measures before the client makes the aftermath.

Chapter XXIV Property Service Contract

Article 937 A realty service contract is a contract in which the realty service provider provides the owner with realty services such as the maintenance of buildings and their ancillary facilities, the management and maintenance of environmental sanitation and related order within the realty service area, and the owner pays the realty fee.

Property service providers include property service enterprises and other managers.

Article 938 The contents of a realty service contract generally include terms such as service items, service quality, service fee standards and collection methods, use of maintenance funds, management and use of service premises, service term, and service handover.

The public service commitment made by the realty service provider in favor of the owner is an integral part of the realty service contract.

The realty service contract shall be in written form.

Article 939 The preliminary realty service contract concluded by the construction unit and the realty service provider according to law, and the realty service contract concluded by the owners’ committee and the realty service provider selected by the owners’ congress according to law are legally binding on the owners.

Article 940th Prior to the expiration of the service period stipulated in the preliminary realty service contract concluded by the construction unit and the realty service provider according to law, if the realty service contract concluded by the owners’ committee or the owners and the new realty service provider comes into effect, the preliminary realty service contract shall be terminated.

Article 941 Where a realty service provider entrusts some special service items within the realty service area to a professional service organization or other third party, it shall be responsible to the owner for the special service items.

The realty service provider shall not delegate all the realty services that it should provide to a third person, or delegate all the realty services to a third person after dismantling them.

Article 942 A realty service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest and manage the owners’ common parts in the realty service area, maintain the basic order in the realty service area, and take reasonable measures to protect the personal and property safety of the owners.

In violation of laws and regulations on public security, environmental protection and fire protection in the realty service area, the realty service provider shall take reasonable measures in time to stop, report to the relevant administrative departments and assist in handling.

Article 943 The realty service provider shall regularly disclose the service matters, responsible personnel, quality requirements, charging items, charging standards, performance, the use of maintenance funds, the operation and income of the owners’ common parts, etc. to the owners in a reasonable way and report to the owners’ meeting and the owners’ committee.

Article 944 The owner shall pay the property fee to the property service provider as agreed. If the property service provider has provided services in accordance with the agreement and relevant regulations, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property services.

If the owner fails to pay the property fee within the time limit in violation of the agreement, the property service provider may urge him to pay it within a reasonable time limit; If the payment is not made within a reasonable period, the property service provider may bring a lawsuit or apply for arbitration.

The property service person shall not stop the power supply, water supply, heat supply and gas supply to urge the payment of property fees.

Article 945 Where an owner decorates a house, he shall inform the realty service provider in advance, observe the reasonable precautions prompted by the realty service provider, and cooperate with him to conduct necessary on-site inspections.

If the owner transfers, rents out the exclusive part of the property, establishes the right of residence or changes the use of the shared part according to law, it shall promptly inform the property service provider of the relevant information.

Article 946 If the owners jointly decide to dismiss the realty service provider in accordance with legal procedures, they may terminate the realty service contract. If it is decided to dismiss, it shall notify the realty service provider in writing 60 days in advance, unless the notice period is otherwise stipulated in the contract.

If the termination of the contract in accordance with the provisions of the preceding paragraph causes losses to the property service provider, the owner shall compensate for the losses, except for reasons not attributable to the owner.

Article 947 Where the owners jointly decide to renew their employment according to law before the expiration of the realty service term, they shall renew the realty service contract with the original realty service provider before the expiration of the contract term.

If the realty service provider does not agree to renew the employment before the expiration of the realty service period, it shall notify the owner or the owners’ committee in writing 90 days before the expiration of the contract period, unless the notice period is otherwise stipulated in the contract.

Article 948 After the expiration of the realty service term, if the owner fails to make a decision to renew or hire another realty service provider according to law, and the realty service provider continues to provide realty service, the original realty service contract shall remain valid, but the service term is indefinite.

The parties may terminate the indefinite property service contract at any time, but shall notify the other party in writing 60 days in advance.

Article 949 Upon the termination of the realty service contract, the original realty service provider shall withdraw from the realty service area within the agreed time limit or within a reasonable time limit, return the realty service premises, related facilities and relevant materials necessary for realty service to the owners’ committee, the owner who decides to manage by himself or the person designated by him, cooperate with the new realty service provider in the handover work, and truthfully inform the use and management status of the property.

If the original property service provider violates the provisions of the preceding paragraph, he may not request the owner to pay the property fee after the termination of the property service contract; If losses are caused to the owner, it shall compensate for the losses.

Article 950 After the termination of the realty service contract, before the new realty service provider selected by the owner or the owners’ meeting or the owner who decides to manage it by himself takes over, the original realty service provider shall continue to handle the realty service matters, and may request the owner to pay the realty fee for the period.

Chapter 25 Contract for Discipline Inspection

Article 951 A brokerage contract is a contract in which the broker engages in trade activities for the client in his own name and the client pays remuneration.

Article 952 Expenses incurred by the trustee-trader in handling the entrusted affairs shall be borne by the trustee-trader, unless otherwise agreed by the parties.

Article 953 Where the trustee-trader is in possession of the entrusted object, it shall properly keep the entrusted object.

Article 954 Where the consignor is defective or liable to rot or deteriorate when delivered to the trustee-trader, the trustee-trader may dispose of the consignor with the consent of the trustor; If it is impossible to get in touch with the client in time, the trustee-trader may reasonably punish it.

Article 955 Where the trustee-trader sells below the price specified by the trustor or buys above the price specified by the trustor, it shall obtain the consent of the trustor; If the trustee-trader compensates the difference without the consent of the trustor, the transaction shall be effective for the trustor.

Where the trustee-trader sells at a price higher than that specified by the trustor or buys at a price lower than that specified by the trustor, the remuneration may be increased as agreed; If there is no agreement or the agreement is unclear, and it cannot be determined according to the provisions of Article 510 of this Law, the interest belongs to the principal.

If the client has special instructions on the price, the trustee-trader shall not sell or buy against the instructions.

Article 956 Where the trustee-trader sells or buys a commodity with a market price, the trustee-trader may act as the buyer or the seller himself, unless the trustor expresses the contrary intention.

The trustee-trader may still request the client to pay remuneration under the circumstances specified in the preceding paragraph.

Article 957 Where the trustee-trader buys the entrusted object in accordance with the agreement, the trustor shall receive it in time. If the trustor refuses to accept the consignment without justifiable reasons after being urged by the trustee-trader, the trustee-trader may deposit the entrusted property according to law.

If the consignor cannot sell or the consignor withdraws from selling, and the consignor refuses to take back or dispose of the consignor after being urged by the trustee-trader, the trustee-trader may deposit the consignor according to law.

Article 958 Where the trustee-trader enters into a contract with a third party, the trustee-trader shall directly enjoy the rights and assume the obligations under the contract.

Where a third party fails to perform its obligations, thereby causing damage to the trustor, the trustee-trader shall be liable for compensation, unless otherwise agreed between the trustee-trader and the trustor.

Article 959 Where the trustee-trader has completed or partially completed the entrusted affairs, the trustor shall pay corresponding remuneration to him. If the trustor fails to pay the remuneration within the time limit, the trustee-trader shall have a lien on the entrusted object, unless otherwise agreed by the parties.

Article 960th Where there are no provisions in this chapter, the relevant provisions of the agency contract shall be applied by reference.

Chapter 26 Intermediary Contract

Article 961 An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides media services for concluding a contract, and the client pays the remuneration.

Article 962 An intermediary shall truthfully report to the principal the matters relating to the conclusion of a contract.

Where an intermediary intentionally conceals important facts related to the conclusion of a contract or provides false information, thereby harming the interests of the client, it shall not request payment of remuneration and shall be liable for compensation.

Article 963 Where the intermediary facilitates the formation of a contract, the principal shall pay the remuneration as agreed. If there is no agreement or unclear agreement on the remuneration of the intermediary, and it cannot be determined according to the provisions of Article 510 of this Law, it shall be reasonably determined according to the intermediary’s services. If the intermediary provides media services for concluding a contract, the parties to the contract shall bear the remuneration of the intermediary equally.

If the intermediary facilitates the establishment of the contract, the expenses of the intermediary activities shall be borne by the intermediary.

Article 964 Where an intermediary fails to facilitate the formation of a contract, it may not request payment of remuneration; However, the client may be requested to pay the necessary expenses for engaging in intermediary activities as agreed.

Article 965 Where the principal, after accepting the services of the intermediary, makes use of the trading opportunities or media services provided by the intermediary to bypass the intermediary and directly conclude a contract, it shall pay remuneration to the intermediary.

Article 966 Where there are no provisions in this chapter, the relevant provisions of the agency contract shall be applied by reference.

Chapter 27 Partnership Contract

Article 967 A partnership contract is an agreement between two or more partners to share interests and risks for the common cause.

Article 968 Partners shall perform their capital contribution obligations in accordance with the agreed mode, amount and payment period.

Article 969 The capital contribution of a partner, the income lawfully obtained from the partnership affairs and other property belong to the partnership property.

Before the termination of the partnership contract, the partners may not request the division of the partnership property.

Article 970 Where a partner makes a decision on partnership affairs, it shall be unanimously agreed by all partners, unless otherwise stipulated in the partnership contract.

Partnership affairs shall be jointly carried out by all partners. In accordance with the provisions of the partnership contract or the decisions of all partners, one or more partners may be entrusted to carry out partnership affairs; Other partners no longer carry out partnership affairs, but have the right to supervise the implementation.

Where the partners perform partnership affairs separately, the partners who perform the partnership affairs may raise objections to the affairs performed by other partners; After raising an objection, the other partners shall suspend the execution of the transaction.

Article 971 A partner may not ask for remuneration for performing partnership affairs, unless otherwise agreed in the partnership contract.

Article 972 Profit distribution and loss sharing of a partnership shall be handled in accordance with the provisions of the partnership contract; If the partnership contract is not stipulated or clearly stipulated, it shall be decided by the partners through consultation; If negotiation fails, the partners shall allocate and share the investment in proportion to the paid-in capital; If the proportion of capital contribution cannot be determined, it shall be equally distributed and shared by the partners.

Article 973 Partners shall be jointly and severally liable for the debts of the partnership. A partner who pays off more than his share of the partnership debts has the right to recover from other partners.

Article 974 Unless otherwise agreed in the partnership contract, if a partner transfers all or part of his share of property to a person other than the partner, it must be unanimously agreed by the other partners.

Article 975 Creditors of a partner may not subrogate to the rights enjoyed by the partner in accordance with the provisions of this Chapter and the partnership contract, except for the right to claim for the distribution of benefits enjoyed by the partner.

Article 976 If the partnership term is not prescribed or clearly prescribed by the partners and cannot be determined according to the provisions of Article 510 of this Law, it shall be regarded as an indefinite partnership.

When the partnership term expires, the partners continue to carry out the partnership affairs, and if the other partners do not raise any objection, the original partnership contract will remain valid, but the partnership term is indefinite.

A partner may terminate the indefinite partnership contract at any time, but shall notify other partners before a reasonable period.

Article 977 Where a partner dies, loses capacity for civil conduct or terminates, the partnership contract shall be terminated; However, unless otherwise agreed in the partnership contract or due to the nature of the partnership affairs, it is not appropriate to terminate it.

Article 978 After the termination of the partnership contract, if the partnership property is surplus after paying the expenses arising from the termination and paying off the partnership debts, it shall be distributed according to the provisions of Article 972 of this Law.

Part III Quasi-contract

Chapter 28 negotiorum gestio

Article 979 Where an administrator manages other people’s affairs without legal or agreed obligations in order to avoid the loss of other people’s interests, he may request the beneficiary to repay the necessary expenses incurred in managing the affairs; If the manager suffers losses due to management affairs, he may request the beneficiary to give appropriate compensation.

If the management affairs do not conform to the true meaning of the beneficiary, the administrator shall not enjoy the rights stipulated in the preceding paragraph; However, unless the true intention of the beneficiary violates the law or public order and good customs.

Article 980 The administrator’s management of affairs does not fall under the circumstances specified in the preceding article, but the beneficiary enjoys the management interests, and the beneficiary shall bear the obligations specified in the first paragraph of the preceding article to the administrator within the scope of the interests obtained.

Article 981 In managing the affairs of others, the administrator shall adopt a method that is beneficial to the beneficiaries. If the interruption of management is unfavorable to the beneficiaries, it shall not be interrupted without justifiable reasons.

Article 982 Where an administrator manages other people’s affairs and can notify the beneficiary, he shall notify the beneficiary in time. If the managed affairs do not need urgent treatment, they shall wait for the instructions of the beneficiary.

Article 983 After the management is completed, the administrator shall report the management affairs to the beneficiary. Property acquired by the administrator in managing affairs shall be handed over to the beneficiary in a timely manner.

Article 984 Where the administrator’s management affairs are ratified by the beneficiary afterwards, the relevant provisions of the entrustment contract shall apply from the beginning of the management affairs, unless the administrator expresses otherwise.

Chapter 29 Unjust enrichment

Article 985 Where the beneficiary has no legal basis to obtain improper benefits, the person who has suffered losses may request the beneficiary to return the benefits obtained, except in any of the following circumstances:

(1) Payment for fulfilling moral obligations;

(2) Liquidation before the maturity of the debt;

(three) knowing that there is no obligation to pay.

Article 986 Where the beneficiary did not know and should not have known that the obtained interest had no legal basis, and the obtained interest no longer existed, he was not obligated to return the interest.

Article 987 Where the beneficiary knows or should know that the obtained benefits have no legal basis, the person who suffers losses may request the beneficiary to return the benefits he has obtained and compensate the losses according to law.

Article 988 Where the beneficiary has transferred the obtained benefits to a third person for free, the person who has suffered losses may request the third person to undertake the obligation of return within the corresponding scope.