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Mileage, road conditions, service life and other factors, scientifically and reasonably formulate passenger vehicle maintenance plans to ensure that passenger vehicles are maintained in accordance with relevant laws, technical specifications and relevant regulations of enterprises.
The passenger driver is responsible for the daily maintenance of passenger vehicles, and the first-level maintenance and second-level maintenance are organized and implemented by passenger transport enterprises in accordance with relevant regulations, and records are made.
Thirty-second passenger transport enterprises shall establish a passenger vehicle technical condition inspection system.
Passenger transport enterprises shall cooperate with passenger stations to do a good job in vehicle safety inspection, and shall not arrange transportation tasks for vehicles that have not undergone safety inspection or fail to pass the safety inspection.
For passenger vehicles that do not carry out safety inspection at the passenger station, the passenger transport enterprise shall arrange professional and technical personnel to inspect the technical condition of passenger vehicles in accordance with relevant regulations before or after leaving the bus every day. For transportation tasks with a journey exceeding 1 day, the passenger driver shall be responsible for checking the technical condition of the vehicle on the way.
Passenger transport enterprises should take the initiative to timely investigate and eliminate vehicle safety hazards, and check monthly whether the safety belts, emergency hammers, fire extinguishers, triangle warning signs and opening devices of emergency doors, emergency windows and safety skylights are complete and effective, and whether the exit passages are smooth, so as to ensure that emergency devices and safety facilities of passenger vehicles are in good technical condition.
Passenger transport enterprises equipped with new energy vehicles shall establish a special inspection system according to the types and characteristics of new energy vehicles to ensure that the vehicles are in good technical condition.
Passenger transport enterprises shall not require passenger drivers to drive passenger vehicles with poor technical conditions to engage in transport operations. When a passenger vehicle with poor driving skills is found, measures should be taken in time to correct it.
Thirty-third passenger transport enterprises shall, in accordance with the relevant provisions, establish a vehicle safety technical status inspection and annual inspection system. Strict implementation of road transport vehicles safety technical status inspection, comprehensive performance testing and technical grade evaluation system to ensure that vehicles meet the safety technical status. Vehicles that have not passed the annual inspection, annual inspection or annual inspection are prohibited from engaging in road passenger transport business.
Thirty-fourth passenger transport enterprises should establish a passenger vehicle modification and scrapping management system.
The modification and scrapping of passenger vehicles should strictly implement the relevant provisions of the state. Passenger vehicles that meet the national scrapping standards or fail to meet the national mandatory requirements shall not continue to engage in passenger transport business. Passenger transport enterprises shall, in accordance with the provisions, sell scrapped vehicles to motor vehicle recycling enterprises, and handle vehicle cancellation registration in a timely manner. Information related to vehicle scrapping should be kept for at least 24 months.
Thirty-fifth passenger transport enterprises should strengthen the safety management of parking passenger vehicles, and make it clear that the person responsible for the safety management of parking passenger vehicles. Passenger transport enterprises should, in principle, own or rent parking lots to manage the parked passenger vehicles in a unified way.
Section 3 Transportation Organization
Thirty-sixth passenger transport enterprises should carry out the actual line inspection when applying for line operation, and put passenger vehicles in accordance with the requirements of the license.
Passenger transport enterprises shall establish information ledgers for traffic conditions, speed limits, climatic conditions and sections with potential safety hazards along each passenger transport line, regularly update the information ledgers and provide them to passenger drivers.
Article 37 When formulating a transport plan, a passenger transport enterprise shall strictly abide by the speed limit requirements of barrier-free roads. The speed of passenger vehicles (more than 9 vehicles) at night (from 22: 00 to 6: 00 the next day, the same below) shall not exceed 80% of the speed limit during the day, and no transport plan shall be formulated that will cause passenger drivers to fail to complete their transport tasks as planned and violate the speed limit requirements of barrier-free roads.
Passenger transport enterprises shall not require passenger drivers to drive passenger vehicles at excessive speed. Enterprises should take the initiative to investigate and deal with the behavior of passenger drivers speeding passenger vehicles, and find that when passenger drivers speeding passenger vehicles, enterprises should take timely measures to correct them.
Thirty-eighth passenger transport enterprises shall strictly abide by the provisions of the driving time and rest time of passenger drivers when formulating transportation plans:
(a) the continuous driving time shall not exceed 4 hours during the day, 2 hours at night, and the rest time for each stop shall not be less than 20 minutes;
(2) The cumulative driving time within 24 hours shall not exceed 8 hours;
(3) The cumulative driving time in any continuous 7 days shall not exceed 44 hours, during which the driver shall effectively rest on the ground.
(four) it is forbidden to drive passenger vehicles at night through mountain roads of Grade III and below that do not meet the safe traffic conditions;
(five) from 2 am to 5 am, long-distance passenger vehicles stop running or pick up; Airports engaged in fixed lines, high-speed rail express lines and short-distance shuttle bus services, and passenger vehicles with a one-way mileage of less than 100 km, are not restricted from 2 am to 5 am on the premise of ensuring safety.
Passenger transport enterprises shall not require passenger drivers to drive passenger vehicles in violation of driving time and rest time. Enterprises should take the initiative to investigate and deal with passenger drivers' violations of driving time and rest time, and take timely measures to correct them when they find that passenger drivers drive passenger vehicles in violation of driving time and rest time.
(a) Technology export, foreign investors' merger and acquisition of domestic enterprises and other activities involving the transfer of intellectual property rights such as the prescribed patent right, the exclusive right to layout design of integrated circuits, the copyright of computer software, and the right to new plant varieties need to be reviewed in accordance with these Measures. Intellectual property rights include the right to apply.
(2) The term "external transfer of intellectual property rights" as mentioned in these Measures refers to the transfer of intellectual property rights to foreign enterprises, individuals or other organizations within the territory of China, including the change of the obligee, the change of the actual controller of intellectual property rights and the exclusive license for the implementation of intellectual property rights.
Second, the content of the review
(A) the impact of foreign transfer of intellectual property rights on China's national security.
(2) The influence of intellectual property transfer on the innovation and development ability of core key technologies in important fields in China.
Third, the review mechanism
(1) Review of foreign transfer of intellectual property rights involved in technology export.
1. In technology export activities, when the exported technology belongs to the restricted export technology in the List of Technologies Prohibited and Restricted by the Government of China, whether it involves intellectual property rights such as patent right, exclusive right of integrated circuit layout design and computer software copyright should be examined.
2. After receiving an application for technology export restriction from China submitted by a technology export operator, the local trade department shall transfer the relevant materials to the local intellectual property management department if it involves the external transfer of intellectual property rights such as patent rights and exclusive rights of integrated circuit layout design. After receiving the relevant materials, the local intellectual property management department will review the intellectual property to be transferred and issue written opinions, which will be fed back to the local trade department and reported to the intellectual property department of the State Council for the record.
3. The local trade administrative department shall make a review decision according to the written opinions issued by the local intellectual property administrative department and the Regulations of People's Republic of China (PRC) on the Administration of Technology Import and Export.
4 involving the external transfer of computer software copyright, the local trade authorities and the science and technology departments shall conduct a review in accordance with the provisions of the Regulations of People's Republic of China (PRC) on the Administration of Technology Import and Export and the Regulations on the Protection of Computer Software. Where the transferred computer software copyright has been registered with the computer software registration authority, the local trade authorities shall promptly notify the computer software registration authority of the examination results. If it is non-transferable after examination, the computer software registration institution shall not handle the registration formalities of ownership change after receiving the notice.
5. Involving the external transfer of new plant variety rights, the competent agricultural department and the competent forestry department shall conduct a review according to the relevant provisions of the Regulations on the Protection of New Plant Varieties in People's Republic of China (PRC), focusing on the impact of the proposed transfer of new plant variety rights on China's agricultural security, especially food security and seed industry security.
(two) the foreign transfer of intellectual property rights involved in the security review of foreign investors' mergers and acquisitions of domestic enterprises.
1. When conducting security review on M&A, a foreign investor of a domestic enterprise, the foreign investment security review institution shall forward relevant materials to relevant competent authorities for comments according to the categories of intellectual property rights to be transferred. Involving the patent right and exclusive right of integrated circuit layout design, the competent intellectual property department of the State Council shall be responsible for it; Where the copyright of computer software is involved, the National Copyright Administration shall be responsible for it; Involving the right to new plant varieties, the competent agricultural department and the competent forestry department of the State Council shall be responsible respectively according to their duties.
2. Relevant competent departments shall timely review and issue written opinions, and feed them back to the foreign investment safety review institution. The foreign investment safety review institution shall refer to the written opinions issued by the relevant competent departments and make a review decision in accordance with the relevant provisions.
Four. any other business
(a) the relevant competent departments should formulate detailed rules for the review, and clarify the review materials, review process, review time limit and job responsibilities.
(2) If the ownership of intellectual property changes after the final decision on the review of foreign transfer of intellectual property rights is made, both parties to the transfer shall go through the change procedures in accordance with relevant laws and regulations.
(three) the staff of the relevant competent departments shall keep the business secrets of both parties to the external transfer of intellectual property rights.
(four) the transfer of intellectual property rights to the outside world involves national defense security, which shall be handled in accordance with the relevant provisions of the state, and these measures shall not be applicable.
(five) the measures shall be implemented as of the date of issuance.
1. "Beneficial owner" refers to the person who has ownership and control over income or income-based rights or property.
Two, to determine the residents of the other contracting party who need to enjoy the treatment of tax treaties (hereinafter referred to as the "applicant") status, should be based on the factors listed in this article, combined with the actual situation of specific cases for comprehensive analysis. Generally speaking, the following factors are not conducive to determining the applicant's "beneficial owner" status:
(1) The applicant is obliged to pay more than 50% of the income to the residents of the third country (region) within 12 months after receiving the income. "Obligation" includes the agreed obligation and the situation that the payment fact has been formed although there is no agreed obligation.
(2) The business activities undertaken by the applicant do not constitute substantive business activities. Substantive business activities include substantive manufacturing, distribution, management and other activities. Whether an applicant's business activities are substantive or not should be judged according to the functions it actually performs and the risks it bears.
The applicant's major investment holding management activities may constitute major business activities; The applicant engages in investment holding management activities that do not constitute substantive business activities, and engages in other business activities at the same time. If other business activities are not significant enough, they do not constitute substantive business activities.
(3) The other contracting country (region) does not tax or exempt the relevant income, or levy taxes, but the actual tax rate is extremely low.
(4) In addition to the loan contract under which interest is generated and paid, there are other loan or deposit contracts with similar amount, interest rate and signing time between the creditor and the third party.
(five) in addition to the contract for the transfer of copyright, patent, technology and other right to use. A contract for generating and paying royalties is a contract for transferring the right to use or ownership of copyright, patent, technology, etc. Between the applicant and a third party.
Three. When the income obtained by the applicant from China is dividends, although the applicant does not meet the conditions of "beneficial owner", but the person who directly or indirectly holds the shares of the applicant 100% meets the conditions of "beneficial owner" and belongs to one of the following two situations, the applicant shall be deemed as "beneficial owner":
(1) The above-mentioned persons who meet the conditions of "beneficial owner" are residents of the country (region) to which the applicant belongs;
(2) Although the above-mentioned person who meets the conditions of "beneficial owner" is not a resident of the country (region) to which the applicant belongs, this person and the middle layer in the case of indirect shareholding are qualified.
"Meet the conditions of' beneficial owner'" means that according to the provisions of Article 2 of this announcement, it can be judged that it has the status of' beneficial owner' after comprehensive analysis.
"Qualified person" refers to the tax treaty treatment that the person can enjoy according to the tax treaty signed by China and its resident country (region), and the tax treaty treatment that the applicant can enjoy when the income obtained from China is dividend.
Four, the dividends of the following applicants from China, not according to the factors stipulated in Article 2 of this announcement, directly determine that the applicant has the status of "beneficial owner":
(a) the government of the other contracting party;
(2) A resident company of the other contracting party listed in the other contracting party;
(3) individual residents of the other contracting party;
(4) In items (1) to (3), the applicant holds 65,438+000% of the shares directly or indirectly by one or more persons, and the intermediate layer in the case of indirectly holding the shares is a resident of China or a resident of the other contracting party.
5. The shareholding ratio required in Articles 3 and 4 of this announcement shall reach the specified proportion at any time within 65,438+02 months before dividends.
Six, the agent or the designated payee (hereinafter referred to as the "agent") does not belong to the "beneficial owner". If the applicant receives income through an agent, whether the agent is a resident of the other contracting party or not, it will not affect the judgment of the applicant's "beneficial owner" status.
Shareholders get dividends on the basis of holding shares, creditors get interest on the basis of holding creditor's rights, and franchisers get royalties on the basis of granting concessions, which does not belong to "collecting income on behalf of others" as mentioned in this paper.
Seven, according to the factors specified in Article 2 of this announcement to determine the identity of the "beneficial owner", can distinguish different types of income, through the company's articles of association, the company's financial statements, capital flow records, minutes of the board meeting, resolutions of the board of directors, human and material resources, related expenses, functions and risks, loan contract, franchise contract or transfer contract, patent registration certificate, copyright ownership certificate and other materials for comprehensive analysis; When judging whether it belongs to the "income collected and paid by agents" as stipulated in Article 6 of this announcement, it shall be analyzed according to the agency contract or the designated collection contract.
Eight, the applicant needs to prove that it has the identity of "beneficial owner", it shall submit the relevant certification materials in accordance with the provisions of Article 7 of the "People's Republic of China (PRC) State Taxation Administration of The People's Republic of China Announcement on Issuing the Measures for the Administration of non-resident taxpayer's Tax Treaty Treatment" (State Taxation Administration of The People's Republic of China Announcement No.60, 20 15). Among them, if the applicant has the status of "beneficial owner" as stipulated in Article 3 of this announcement, in addition to providing the applicant's tax resident identity certificate, it shall also provide the personnel who meet the conditions of "beneficial owner" and the tax resident identity certificate issued by the tax authorities of the country (region) where the qualified personnel belong; According to Item (4) of Article 4 of this announcement, if the applicant has the status of "beneficial owner", in addition to providing the applicant's tax resident identity certificate, it should also provide the tax resident identity certificate issued by the person who directly or indirectly holds 0/00% of the shares of the applicant/KLOC-and the tax authorities of the country (region) where the intermediate layer is located; The taxpayer's identity card shall prove the taxpayer's residence in the current year or the previous year.
Article 196 An application for the realization of a security interest shall be made by the holder of the security interest and other persons who have the right to request the realization of the security interest to the basic people's court where the security property is located or where the security interest is registered in accordance with the property law and other laws.
Article 197 After accepting the application, the people's court, after examination, decides to auction or sell the mortgaged property, and the parties may apply to the people's court for enforcement according to the ruling. If it does not meet the statutory requirements, the application shall be rejected by ruling, and the parties may bring a lawsuit to the people's court.
Chapter XVI Procedure of Trial Supervision
Article 198 If the presidents of the people's courts at all levels find that there are errors in the legally effective judgments, rulings and conciliation statements of their own courts, and think that a retrial is necessary, they shall submit them to the judicial committee for discussion and decision.
The Supreme People's Court has the right to send back the legally effective judgments, rulings and conciliation statements of local people's courts at all levels and people's courts at higher levels or order the people's courts at lower levels to try them again if errors are found.
Article 199 If a party considers that a legally effective judgment or ruling is wrong, it may apply to a people's court at the next higher level for retrial; A case with a large number of people or both citizens may also apply to the people's court that originally tried the case for retrial. If a party applies for a retrial, the execution of the judgment or ruling shall not be stopped.
Article 200 The people's court shall retry the application of a party under any of the following circumstances:
(1) There is new evidence sufficient to overturn the original judgment or ruling;
(two) the basic facts identified in the original judgment or ruling lack evidence to prove;
(3) The main evidence of the facts ascertained in the original judgment or ruling is forged;
(four) the main evidence of the facts identified in the original judgment or ruling has not been cross-examined;
(five) the main evidence needed for the trial of the case, the parties can not collect it by themselves due to objective reasons, and apply in writing to the people's court for investigation and collection, but the people's court has not investigated and collected it;
(6) The application of the law in the original judgment or ruling is indeed wrong;
(seven) the composition of the judicial organization is illegal or the judges who should be avoided according to law have not avoided;
(8) A person without capacity for litigation has no legal representative, or a party who should participate in the litigation fails to participate in the litigation due to reasons not attributable to him or his agent ad litem.
(nine) in violation of the law, depriving the parties of the right to debate;
(ten) without a summons, the judgment is made by default;
(eleven) the original judgment or ruling omitted or exceeded the claim;
(twelve) the legal documents on which the original judgment or ruling was based have been revoked or changed;
(thirteen) the judge has corruption, bribery, favoritism, perverting the law in the trial of the case.
Article 201 If the parties provide evidence to prove that the mediation in the legally effective mediation agreement violates the principle of voluntariness or the contents of the mediation agreement violate the law, they may apply for a retrial. If it is verified by the people's court, it shall be retried.
Article 202 A party may not apply for a retrial of a legally effective judgment or conciliation statement on the dissolution of marriage.
Article 203 When applying for retrial, a party shall submit an application for retrial and other materials. The people's court shall, within five days from the date of receiving the application for retrial, send a copy of the application for retrial to the other party. The other party shall submit written opinions within fifteen days from the date of receiving the copy of the retrial application; Failure to submit written opinions shall not affect the people's court's review. The people's court may require the applicant and the other party to supplement relevant materials and ask about relevant matters.
Article 204 The people's court shall, within three months from the date of receiving the application for retrial, conduct an examination, and if it meets the provisions of this Law, order a retrial; If it does not conform to the provisions of this law, the application shall be rejected. If there are special circumstances that need to be extended, it should be approved by the president of our hospital.
A case in which a party applies for retrial shall be tried by a people's court at or above the intermediate level, except that the party chooses to apply to the basic people's court for retrial in accordance with the provisions of Article 199 of this Law. Cases decided by the Supreme People's Court and the Higher People's Court for retrial shall be retried by this court or other people's courts, or by the people's court that originally tried them.
Article 205 If a party applies for a retrial, it shall file the application within six months after the judgment or ruling becomes legally effective. In case of any of the circumstances specified in Items 1, 3, 12 and 13 of Article 200 of this Law, it shall be filed within six months from the date when it knows or should know.
Article 206 If a retrial is decided in accordance with the procedure of trial supervision, an order shall be made to suspend the execution of the original judgment, ruling or conciliation statement, but the execution of cases of recovery of alimony, alimony, child care, pension, medical expenses and labor remuneration shall not be suspended.
Article 207 If a case is retried by a people's court in accordance with the procedure of trial supervision, the legally effective judgment or ruling of the court of first instance shall be tried in accordance with the procedure of first instance, and the parties concerned may appeal against the judgment or ruling; A legally effective judgment or ruling shall be made by the court of second instance and tried in accordance with the procedure of second instance. The judgment or ruling made is a legally effective judgment or ruling; If a people's court at a higher level brings a lawsuit in accordance with the procedure of trial supervision, it shall try it in accordance with the procedure of second instance, and the judgment or ruling made shall become legally effective.
When trying a retrial case, the people's court shall form a collegial panel separately.
Article 208th the Supreme People's Procuratorate shall lodge a protest against the legally effective judgments and rulings of people's courts at all levels and those of people's procuratorates at higher levels, if it finds that there is any situation as stipulated in Article 200 of this Law, or if it finds that the mediation agreement harms the public interests of the state and society.
Local people's procuratorates at various levels may put forward procuratorial suggestions to the people's court at the same level and report them to the people's procuratorate at the next higher level for the record if they find that the legally effective judgment or ruling of the people's court at the same level is under any of the circumstances specified in Article 200 of this Law, or if they find that the conciliation statement harms the public interests of the state and society. You can also ask the people's procuratorate at a higher level to lodge a protest with the people's court at the same level.
People's procuratorates at all levels have the right to put forward procuratorial suggestions to the people's courts at the same level for the illegal acts of judges in other trial procedures other than trial supervision procedures.
Article 209 Under any of the following circumstances, the parties concerned may make procuratorial suggestions or protest to the people's procuratorate:
(a) the people's court rejected the application for retrial;
(two) the people's court fails to make a ruling on the retrial application within the time limit;
(3) There are obvious errors in the retrial judgment or ruling.
The people's procuratorate shall, within three months, examine the application of the parties concerned and make a decision on whether to put forward procuratorial suggestions or protest. The parties may not apply to the people's procuratorate for procuratorial suggestions or protests again.
Article 210 When performing the duties of legal supervision, the people's procuratorate may investigate and verify the relevant information from the parties concerned or outsiders because of the need to put forward procuratorial suggestions or protest.
Article 211 For a case protested by a people's procuratorate, the people's court accepting the protest shall make a retrial ruling within 30 days from the date of receiving the protest; Under any of the circumstances specified in Items 1 to 5 of Article 200 of this Law, it may be reported to the people's court at the next lower level for retrial, except for the retrial by the people's court at the next lower level.
Article 212 If a people's procuratorate decides to lodge a protest against a judgment, ruling or conciliation statement of a people's court, it shall prepare a protest statement.
Article 213 If a people's procuratorate lodges a protest, the people's court shall notify the people's procuratorate to send personnel to appear in court.
Chapter XVII Supervision Procedures
Article 214 Where a creditor requests the debtor to pay money or negotiable securities and meets the following conditions, it may apply to the grassroots people's court with jurisdiction for a payment order:
(1) There is no other debt dispute between the creditor and the debtor;
(2) Payment orders can be served on the debtor.
The application shall specify the amount of money or securities required and the facts and evidence on which it is based.
Article 215 After an application is filed by a creditor, the people's court shall notify the creditor whether to accept it or not within five days.
Article 216 After the people's court accepts the application, if the facts and evidence provided by the creditor are clear and legal, it shall issue a payment order to the debtor within 15 days from the date of acceptance. If the application is not established, the ruling shall be rejected.
The debtor shall pay off the debt within fifteen days from the date of receiving the payment order, or file a written objection with the people's court.
If the debtor fails to raise any objection or perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for compulsory execution.
Article 217 After receiving the written objection raised by the debtor, the people's court shall rule that the supervision procedure shall be terminated and the payment order shall automatically become invalid.
If the payment order becomes invalid, it shall be transferred to the proceedings, except that the party applying for the payment order does not agree to bring a lawsuit.
Chapter XVIII Procedures for Public Notice and Reminder
Article 218 A holder of a negotiable instrument who can endorse it in accordance with the regulations may apply to the basic people's court of the place where the instrument is paid for public notice because the instrument is stolen, lost or destroyed. Other matters that can be applied for publicity according to law shall be governed by the provisions of this chapter.