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民事诉讼契约的性质及效力研究

BEIJING, Nov. 22 (Xinhua) -- A Chinese lawmaker has proposed to hold people who use public funds on lavish banquets legally accountable so as to curb the widespread practice.     Zhao Linzhong, deputy to the National People's Congress, the top legislature, was quoted by Sunday's Workers' Daily as saying that social engagements in which dining and drinking is a must seriously undermined the work style of the government and social morals.     Zhao, also board chairman of Furun Holding Group Co. Ltd. in east Zhejiang Province, said some government officials and entrepreneurs had their health and work affected by excessive dining and wining and their health and work.     It is a common practice for Chinese to have banquets or drinking parties when treating important guests, on major occasions and during festivals. Some Chinese have taken advantage of drinking and wining opportunities to seal business deals or seek political favors.     A modest reception could make visitors think that they are not important to the host.     Zhao blamed the social tradition as part of the reason, but added that the lack of supervision and legal loopholes had made the practice continue to prevail.     China has no laws governing the excessive drinking and wining at public expenses.     In October, Fu Pinghong, head of a hospital at Gaoting township in east Zhejiang Province, was sentenced to 11 years in prison on corruption and bribery charges. He had allegedly spent 440,000 yuan (64,433 U.S. dollars) of public funds on drinking, wining and entertaining guests.     Zhao believed that lavishing public funds equalized to embezzlement of state assets and laws should be amended to add the criminal offence of extravagant and wasteful spending.     Laws should be established to regulate banquets at public expenses and the local governments' budgets on banquets should be approved by legislatures, he said.

BEIJING, Nov. 18 (Xinhua) -- Wu Bangguo, chairman of the Standing Committee of the National People's Congress (NPC), China's top legislature, held talks here Wednesday afternoon with Kim Hyong-o, speaker of the National Assembly of the Republic of Korea (ROK).     Wu spoke highly of Sino-ROK relations and the positive role that the two legislatures have played in enhancing bilateral relations.     China attaches importance to its relationship with the ROK and both countries are of great influence in the region, he said, noting that development of the bilateral relations accord with the fundamental interests of the two peoples and is conducive to the regional peace, stability and development. Wu Bangguo (R), chairman of China's National People's Congress Standing Committee, shakes hands with Speaker of the Republic of Korea (ROK) National Assembly Kim Hyong-o in Beijing, capital of China, Nov. 18, 2009    He suggested the two countries to enhance strategic mutual trust and economic and trade cooperation, and expand cultural and personnel exchanges.     He also said the two legislatures should make closer contacts and develop and improve their regular exchange mechanism.     Kim highly valued the measures that China taken to counter the global financial crisis, and its role in international affairs.     He said the ROK attaches great importance to the relations with China, and the ROK legislature will further its relations with China's NPC.     Kim is here for the visit Nov. 18-22 at the invitation of Wu.

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SHANGHAI, Nov. 16 (Xinhua) -- U.S. President Barack Obama on Monday called on the Chinese and U.S. governments to strengthen cooperation in dealing with such global challenges as climate change.     "There are very few global challenges that can be solved unless China and the United States agree," he stressed while answering a question at a town hall with Chinese students in Shanghai, the first stop of his four-day China tour.     As the world's two largest greenhouse gas emitters, the United States and China should assume the responsibility to curb greenhouse gas emissions, he said.     "Unless both of our countries are willing to take critical steps in dealing with this issue, we will not be able to resolve it," Obama said.     The president called on world leaders to strike a deal at the December Copenhagen conference during which they would make differentiated commitments to reducing greenhouse gas emissions.     China should not take the same obligations as the United States since it has a much larger population living in poverty, he said.     Climate change is expected to be one of the main topics at the upcoming meeting between Obama and Chinese President Hu Jintao.     President Hu promised at a September UN climate summit in New York that China would cut carbon dioxide emissions per unit of gross domestic product by "a notable margin" by 2020 from the 2005level.     Obama has said he wants to cut U.S. emissions back to 1990 levels by 2020 and 80 percent further by 2050, but the U.S. Congress was unlikely to complete climate legislation by the time of Copenhagen, due to great political challenges in the midst of a recession with high unemployment and other domestic priorities.     According to U.S. top negotiator Jonathan Pershing, it would be difficult for the U.S. to pledge an emissions target without legislation by Congress, therefore a new pact to combat global warming is a forlorn hope for Copenhagen.     The Dec. 7-18 Copenhagen meeting, which is expected to bring together leaders from 190 countries, aims to renew greenhouse gas emissions reduction targets set by the Kyoto Protocol, due to expire in 2012. 

BEIJING, Jan. 7 -- China's central bank Wednesday said it will manage inflation expectations and keep a close watch on the property market through its credit and money supply policies.     In a statement on its website, the People's Bank of China (PBOC) said it would try to maintain ample liquidity in the financial system, and ask banks to lend more evenly, while strictly implementing credit policies in the property sector.     The nation will also take steps to rein in fast-rising property prices and strengthen credit controls for the sector, according to Housing and Urban-Rural Development Minister Jiang Weixin. A customer checking out a model of a real estate project in Shenzhen, Guangdong province. Property prices in China's 70 major cities rose at the fastest pace in 16 months in November    "We should scrap or adjust local property policies launched last year that no longer comply with the current macroeconomic goals," Jiang said.     According to Dong Chen, director of the research institute of Southwest Securities, the government moves on real estate policies indicate that while policymakers are striving to cement the economic rebound, they are also serious in curbing the excessive liquidity in the financial system to allay fears of asset bubbles and inflation.     Property prices in China's 70 major cities rose at the fastest pace in 16 months in November, fueling concern that record lending and inflows of capital from abroad are building up asset bubbles.     "Credit policy is the key to curb the rising property prices, as it would have a direct impact on transaction volumes," said Su Xuejing, an analyst with Changjiang Securities.     "We anticipate more policy tightening in the future like increasing the down payment and mortgage rates for second-home buyers," he said.     Shanghai Securities News said on Tuesday that the government plans to expand trials of a real estate tax, citing an unidentified person close to the State Administration of Taxation.     The anticipated policy changes have also affected the capital market performance of leading realtors. Shares of China Vanke Co, the country's largest listed property developer, have fallen more than 12 percent in the past month on concerns that the measures to cool the property market would impact earnings. Poly Real Estate Group Co, the second largest real estate firm, also saw its shares fall to a four-month low.     Meanwhile, a report from UK real estate service provider Savills said that the tighter credit policies and soaring realty prices have spurred property sales by international investors. Many of the investors had acquired the properties several years back and have been able to get handsome returns now, it said.     "Sales by foreign investors increased from 7 percent in 2008 to 20 percent in 2009," said the report.

NANCHANG, Nov. 5 (Xinhua) -- Senior Chinese leader Zhou Yongkang has called for better understanding of new changes in the society, the nation and the world at large and urged more research and efforts in promoting social stability and harmony.     Zhou, member of the Standing Committee of the Political Bureau of the Communist Party of China (CPC) Central Committee, made the call during his visit to east China's Jiangxi Province on Wednesday. Zhou Yongkang (C), member of the Standing Committee of the Political Bureau of the Communist Party of China (CPC) Central Committee, visits a company operated exclusively with Hong Kong capital, in Ji'an City of east China's Jiangxi Province, Nov. 4, 2009. During his visit, Zhou also urged strengthening of the self-construction of the law enforcement organs so as to provide a better legal protection for the economic and social development.     When visiting Red Army veterans, Zhou said the people will forever remember the great sacrifice revolutionists of the older generation have made for the country. He pledged to them the determination to well build the nation. Zhou Yongkang (C), member of the Standing Committee of the Political Bureau of the Communist Party of China (CPC) Central Committee, meets with red army soldiers during his visit in Ji'an city of east China's Jiangxi Province, Nov. 4, 2009Zhou also visited a fire department in Jinggangshan city, where the official encouraged the firefighters to work hard to protect the people's lives and properties. At a local police station in Ji'an city, Zhou praised the policemen's innovation of improving service through information technologies.     The official also paid visit to rural households. At a village in Ji'an city, Zhou was pleased to know that no single crime has ever occurred in the village since the founding of the People's Republic of China in 1949.Zhou Yongkang (R, front), member of the Standing Committee of the Political Bureau of the Communist Party of China (CPC) Central Committee, visits a fire station in Jinggangshan city of east China's Jiangxi Province, Nov. 4, 2009

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CHRISTCHURCH, New Zealand, Nov. 1 (Xinhua) -- Chinese Vice Premier Li Keqiang on Sunday visited Canterbury University to open the second Confucius Institute in New Zealand.     Li said during the opening ceremony that cultural and educational cooperation are important parts of relations between China and New Zealand.     China has become the largest source of overseas students and the fastest growing source of international tourists to New Zealand, while people in New Zealand are taking a strong interest in studying the Chinese language and getting acquainted with Chinese culture, he said.     The new Confucius Institute, jointly founded by Canterbury University and China's Huazhong Science and Technology University, represents another achievement of the exchanges and cooperation between the two nations, Li said.     He said he hoped the institute would become a link between the two countries in cultural and educational exchanges. Visiting Chinese Vice Premier Li Keqiang (L) gives the tablet to Rod Carr, Vice-Chancellor of University of Canterbury, during the inauguration of Confucius Institute of University of Canterbury in Christchurch, New Zealand, Nov. 1, 2009    China and New Zealand have become good friends and partners based on mutual respect and trust, he said.     He said he believed the two countries will further strengthen communications, enhance mutual trust, consolidate their traditional friendship and push their bilateral relations to a newlevel.     In addition to opening the institute on the first day of his three-day visit to New Zealand, the Chinese vice premier also met with Christchurch Mayor Bob Parker.     During the meeting, Li said China has attached importance to developing cooperative ties with Christchurch, the largest city on New Zealand's South Island. The two sides, the vice premier said, have conducted fruitful exchanges and cooperation in animal husbandry, scientific research and education.     The two sides should deepen their cooperation in such fields as farming and animal husbandry, and expand exchanges and cooperation in trade, science and technology, culture, education and tourism, Li said.     Parker said the opening of the Confucius Institute marks a new development in New Zealand-China cooperation. He said Christchurch would continue to play a positive role in strengthening the two nations' bilateral friendship and cooperation.     Li arrived in Christchurch after an official visit to Australia. He will travel to Papua New Guinea after his visit to New Zealand.

BEIJING, Jan. 7 (Xinhua) -- A Chinese Foreign Ministry spokesperson said here Thursday that Japan's move to build facilities on the Okinotori atoll will not change its legal status, as Japan is seeking vast economic interests at the nearby southern Pacific.     According to the United Nations Convention on the Law of the Sea (UNCLS), and based on the natural and geographic situation of the Okinotori atoll, neither exclusive economic zones nor continental shelves should be claimed on it, Spokesperson Jiang Yutold a regular press briefing.     Japan has asked the UN Commission on the Limits of the Continental Shelf to recognize the extended area around the so-called "Okinotori island," 1,740 km south of Tokyo, as its continental shelf, which would enable it to claim a vast surrounding area as an exclusive economic zone.     According to Article 121 of the UNCLS, rocks that cannot sustain human habitation or an economic life of their own shall have no exclusive economic zone or continental shelf.     According to Japanese media report, the Japanese government plans to build a port and conduct mineral explorations on the atoll in 2010.     "Building facilities on it would not change the atoll's legal status," Jiang said.     Such a bid did not conform to the international laws of the sea and was against the interests of the international community, she said.

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KUALA LUMPUR, Dec. 3 (Xinhua) -- Malaysian Prime Minister Najib Tun Razak met here on Thursday with Liu Qi, member of the Political Bureau of the Communist Party of China (CPC) Central Committee and Secretary of the Beijing Municipal Committee of the CPC.     The two sides exchanged views on the China-Malaysia ties and the relations between the CPC and the United Malays National Organization (UMNO) as well as economic cooperation between the two countries.     Liu said that the relationship between China and Malaysia develops smoothly since the two countries established the diplomatic ties 35 years ago, with increasing mutual trust in politics and remarkable achievements in economic and trade cooperation. Malaysian Prime Minister Najib Razak (L) meets with Liu Qi, member of the Political Bureau of the Communist Party of China (CPC) Central Committee and secretary of the Beijing Municipal Committee of the CPC, in Kuala Lumpur Dec. 3, 2009    Chinese President Hu Jintao's recent visit to Malaysia enhanced strategic cooperation between China and Malaysia to a new height, Liu said.     He also noted that China attached great importance to pushing ahead its friendly cooperation ties with Malaysia and is willing to work together with Malaysia to further deepen and expand the cooperation between the two countries in various fields.     Liu also spoke highly of interactions between the CPC and the UMNO. Malaysian Prime Minister Najib Razak (L) meets with Liu Qi (R, front), member of the Political Bureau of the Communist Party of China (CPC) Central Committee and secretary of the Beijing Municipal Committee of the CPC, in Kuala Lumpur Dec. 3, 2009. Najib, who is also president of Malaysia's leading ruling party UMNO, agreed with Liu's comment on the ties between the two countries.     He said that Malaysia and China reached many consensuses when Chinese President Hu Jintao visited Malaysia last month.     He hoped that the two sides work together to carry out pragmatic cooperation.     Najib also said that UMNO attached great importance to its inter-party relationship with the CPC, hoping that the two parties to further strengthen their interactions and cooperation.     Liu arrived here on Wednesday on a friendly visit to Malaysia after winding up his visit to Indonesia.

BEIJING, Jan. 6 (Xinhua) -- Chinese Vice Premier Zhang Dejiang Wednesday said the country should step up efforts to promote the development of third-generation (3G) and domestically-developed TD-SCDMA technology.     Zhang urged accelerated construction of the 3G network, strengthened technological innovation and enhanced information security management, during a visit to the country's four major 3Goperators including Datang Telecom, China Telecom, China Unicom and China Mobile.     Zhang said the 3G technology should be given full play to promote the informationization and upgrading of the traditional industries and boost the development of modern service industries. Chinese Vice Premier Zhang Dejiang (2nd R Front) visits Datang Telecom company, one of China's four major 3G operators, in Beijing, capital of China, on Jan, 5, 2009. Zhang said on Wednesday the country should step up efforts to promote the development of third-generation (3G) and domestically-developed TD-SCDMA technology as he inspected the country's four major 3G operators, namely Datang Telecom, China Telecom, China Unicom and China Mobile, on Jan. 5-6    He required the four major telecom operators to make unswerving efforts to develop the TD-SCDMA technology, explore new business opportunities and improve the construction of a full-fledged industrial chain, so as to sharpen the competitiveness of the TD technology. Chinese Vice Premier Zhang Dejiang (2nd R) visits China Telecom company, one of China's four major 3G operators, in Beijing, capital of China, on Jan, 5, 2009Zhang also asked the technology developers to enhance information security management to ensure a safe and steady operation of the 3G technology.     China issued the long-awaited 3G licenses January last year, with China Mobile getting the TD-SCDMA standard, China Telecom receiving a license for the U.S.-developed CDMA2000 and China Unicom getting permission to operate Europe's WCDMA.     As of now China has invested 160.9 billion yuan (23.6 billion U.S. dollars) in building 325,000 new 3G base stations covering the country's major cities, according to Zhang.