Smuggling crime is characterized by overlapping with money laundering and other crimes.

Smuggling crime is characterized by overlapping with money laundering and other crimes.

The Fourth Branch of Beijing Procuratorate issued the White Paper on the Prosecution of Smuggling Crime, sorting out the four characteristics of smuggling crime.

On the morning of March 31st, the Fourth Branch of Beijing Procuratorate (hereinafter referred to as "Beijing No.4 Branch") held a press conference to crack down on smuggling crimes, and issued the White Paper on Prosecuting Smuggling Crimes. As the first batch of pilot institutes for cross-administrative procuratorial reform in China, the institute has centralized jurisdiction over smuggling crimes investigated by the Anti-smuggling Bureau of Beijing Customs. In the past eight years, it has handled a number of smuggling crimes that are related to the vital interests of the people, widely concerned by the society and are major, difficult and complicated. The White Paper on Prosecuting Smuggling Crimes combs the basic situation and characteristics of smuggling crimes, and introduces the vivid practice of procuratorial organs performing their duties according to law and actively, and effectively safeguarding the security of the capital.

Basic situation of handling smuggling crime cases

From 2015 to 2022, Beijing No.4 Inspection Branch handled a total of 536 cases of smuggling crimes, covering most of the targets of smuggling crimes. Among them, there are 246 cases of smuggling ordinary goods and articles, 177 cases of smuggling precious animals and precious animal products, 60 cases of smuggling drugs, 27 cases of smuggling goods whose import and export are prohibited by the state, 17 cases of smuggling weapons and ammunition, and 9 cases of smuggling cultural relics, obscene articles and drugs. Cases of smuggling ordinary goods and articles and cases of smuggling precious animal products account for the largest number, accounting for 78.9% in total.

Characteristics of smuggling crime cases

First, the criminal means are hidden and diverse.Under the heavy blow of judicial organs, the perpetrator’s criminal means are diversified and hidden. In some drug-related cases, the perpetrator smuggled drugs by hiding them in the body or hiding them in concealed places such as carry-on clothes and luggage compartments. In some cases of smuggling crimes of falsely reporting trade, the perpetrator falsely reported smuggling for small-scale border trade, and the criminal means were hidden and confusing.

Second, joint crime cases are characterized by gangs and chains.From the subject of crime, among the 249 cases of smuggling crimes accepted by the first instance, 201 cases were committed by natural persons, accounting for 80.72%; 48 crimes committed by units, accounting for 19.28%; There were 36 cases of joint crimes, accounting for 21.68%. For example, in border trade smuggling and water passenger smuggling, there are many people involved, and the perpetrators form a criminal gang with orderly division of labor and close cooperation. The cargo owners, consignors, transporters and foreign exchange payers work closely together to form a "smuggling industrial chain", and organized crimes bring greater challenges to investigation and evidence collection, behavior characterization and amount determination.

Third, with the development of e-commerce economy, new smuggling crimes have emerged.Smuggling crime cases involve foreign trade rules, business practices and customs terminology, which are very professional. At the same time, with the development of international trade, new crimes associated with new formats and technologies have emerged in smuggling crimes. For example, with the development of e-commerce economy, actors use cross-border e-commerce to smuggle, which leads to new crimes.

Fourth, cross-competition with money laundering and other crimes frequently occurs.With the development of economy and society, more and more smuggling crimes are intertwined with related crimes such as money laundering, illegal business operation and forging company seals, showing a more complicated situation. For example, in Li’s money laundering case, Li transformed the proceeds of smuggling crimes in order to conceal the proceeds of others’ smuggling crimes.

Procuratorial performance in cracking down on smuggling crimes

First, adhere to the overall concept of national security, give full play to the advantages of centralized jurisdiction over smuggling cases, and effectively build a national barrier for the capital.

Accurately crack down on all kinds of smuggling crimes. Participated in a series of special actions to crack down on smuggling "Sword at the National Gate" and "Blue Sky", handled major cases such as smuggling frozen products into the country and smuggling used medical devices, punished criminal cases such as smuggling guns, ammunition, drugs and drugs, cracked down on smuggling precious animal products according to law, and handled a number of typical transnational and trans-regional cases. Form a powerful deterrent to smuggling crimes and earnestly safeguard national political security, economic security and ecological security. Adhere to the "double investigation of one case" and dig deep into related crimes such as money laundering crimes. Adhere to the "full chain" attack in the process of handling smuggling crimes, punish money laundering crimes according to law, let the "crimes" and "stolen goods" in the upstream of smuggling have nowhere to hide, and build a legal defense line for financial security. Strengthen legal supervision, strengthen guiding investigation and self-supplementary investigation. Nearly 3,000 cases of administrative punishment were examined, and 89 cases of execution were found. It was suggested that Beijing Customs transfer 12 criminal cases with 12 people, put 9 people on file for investigation, and prosecuted 6 cases with 6 people, all of which were convicted by the court. Give full play to the advantages of the "integration of arrest and prosecution" case-handling mechanism, strengthen guided investigation and self-supplementary investigation, and pursue and prosecute 13 people who missed the crime.

Second, deepen innovation and actively perform their duties to serve the high-quality development of the capital.

Strictly distinguish between crime and illegality, and leniently deal with crimes committed by private enterprises with minor circumstances according to law. Pay attention to extending from "punishment" to "governance", and take various measures such as promoting the rule of law and establishing a coordinated linkage mechanism to promote traceability governance, systematic governance and social governance. Strengthen the connection between criminal justice and administrative law enforcement, and form a joint force of social governance. Establish a working mechanism linking criminal justice and administrative law enforcement with the investigation organ, and urge the parties concerned to complete the payment of administrative penalty deposit in time; Strengthen cooperation with the Inspection Corps of the Market Supervision Bureau, the Tax Inspection Bureau, the Beijing Cultural Law Enforcement Corps and other units to carry out the transfer and convergence of administrative illegal clues and form a joint effort of governance. Strengthen the publicity of the rule of law and send the law popularization to the masses.

Third, strengthen the professional construction, and form the characteristic brand experience.

The establishment of the first procuratorial organ in China to be stationed in the investigation, supervision and cooperation office of the customs anti-smuggling department. Formulate guidelines for the collection of evidence in smuggling cases, and sign with the Anti-smuggling Bureau of Beijing Customs the Measures for Improving the Quality and Efficiency of Handling Smuggling Crimes, the Guidelines for the Collection of Evidence in Smuggling Crimes, and the Guidelines for the Collection and Examination of Evidence in Smuggling Ordinary Goods and Articles, Smuggling Precious Animal Products and Smuggling Drugs. Construct a database of sentencing in smuggling cases and create a "highland" for specialized talents in handling smuggling cases.

Fourth, adhere to the judicial protection of human rights and vigorously safeguard judicial justice.

Adhere to the criminal justice policy of less arrest, cautious prosecution and cautious detention. Strengthen the review of the necessity of detention, make full use of the discretion of non-prosecution, avoid "once arrested, once put to the end", and promote the pre-litigation detention rate to drop from 67.6% in 2020 to 30.3% in 2022. In 2022, the non-prosecution rate increased by 13.2 percentage points year-on-year, fully reflecting the judicial temperature and procuratorial temperature. Strive to improve the supervision quality of investigation activities. Do not be absent from duty and supervise offside, and maximize the supervision effect. For example, in the case of a company in Beijing suspected of smuggling ordinary goods, the procuratorial organ visited the warehouse involved, learned about the payment of warehouse rent from the police handling the case, and put forward supervision opinions in time. Deepen the application of the lenient system of confession and punishment. Formulate the "Working Measures for Applying the Leniency System of Confession and Punishment to Criminal Cases in the Fourth Branch of Beijing Municipal People’s Procuratorate", and explore the combination of the leniency system of confession and punishment with the application of non-prosecution, effectively reducing social opposites and promoting social harmony and stability.

(Our reporter is concise.)

Go upstream! The five-episode series "Lifeline-Sichuan Luding M6.8 Earthquake Rescue Documentary" was broadcast on CCTV Social and Legal Channel on November 6th.

Recently, several hand-painted cartoons depicting brave firefighters in the Luding earthquake in Sichuan have touched many netizens.

"Warm and romantic, lovely and warm-hearted!"

"It’s so healing and loving!"

(Image source People's Daily Comics Author: Qiu Jinpeng)

(Image source People’s Daily Comics Author: Qiu Jinpeng)

These warm paintings, touching moments, once again bring our thoughts back to two months ago … …

At 12: 52 on September 5, 2022, an earthquake of magnitude 6.8 occurred in Luding County, Ganzi Tibetan Autonomous Prefecture, Sichuan Province. After the earthquake, the the State Council Earthquake Relief Headquarters Office and the Emergency Management Department immediately launched the national earthquake emergency three-level response, and at the same time dispatched the national comprehensive fire rescue team, the People’s Liberation Army and Armed Police Force, public security special police, Anneng Group, social emergency rescue, medical and health care and other rescue forces to the earthquake area.

The "Lifeline" column sent two reporters to the disaster area as quickly as possible, and followed the rescue team for in-depth shooting and reporting. The program shows the touching story of the fire rescue team guarding their lives with their lives in five dimensions: opening waterways, building roads by shoulders, watching and helping each other, rescuing ruins and the bridge of life.

Building the road of life in the dark

After the earthquake, roads in Xinmin Township and Wanggangping Township in Shimian County were impassable, and power, water and signals were cut off, and many villages became "isolated islands". In order to collect the disaster situation of the lost villages as soon as possible and provide decision-making information for the rear headquarters, the Shimian County Fire Rescue Brigade formed a six-person forward-looking group and marched to the "island" on foot.

In order to rescue the trapped people as soon as possible, the rescue team was ordered to open the waterway as soon as possible. Tian Song, the special warfare stationmaster of Heping Road, Ya ‘an Fire Rescue Detachment, led 26 members to the dock at the first time. If there is no road at the dock, open the road on the spot; When the river rose and flooded the ferry, the floating platform was rebuilt immediately. The rescue forces, the masses and volunteers at the scene soon completed the construction of this originally deserted wharf without navigation conditions.

Shoulder up the road of hope on the cliff.

I believe many netizens have been moved by this scene.

On September 8, 2022, it happened in Xingfu Village, Shimian County, Ya ‘an City. On the steep cliff, the only rescue passage collapsed, and rock and soil tumbled from time to time on the mountain, so two elderly people with mobility difficulties urgently needed to be transferred. In desperation, several firefighters jumped off the cliff and crawled on the cliff wall of nearly 90 degrees, building a "bridge of life" with their shoulders. Once the video was sent out, it quickly rushed to the online hot search, which moved countless people. Such rescue scenes are staged every day in the Luding earthquake rescue.

In order to prevent the medical staff from being physically exhausted, firefighters carried the medical equipment of the medical team on their bodies, and built a rope bridge at a steep place, guarding a firefighter every other meter on both sides of the rope, and pulling the medical staff up along the way.

Mutual protection in times of crisis

Since the earthquake, many people have been paying attention to the progress of earthquake relief. In the disaster area, people who want to contribute to the earthquake relief have put on red vests and red armbands to go retrograde bravely. They either charge ahead, guard warmly, run around in many ways, or donate blood and materials. Although the shimmer is dim, they are all contributing to earthquake relief regardless of their occupation and age.

Smoke rises at the resettlement site, and those ordinary meals, grateful eyes and gestures all seem so warm and moved in this disaster.

Saving lives in ruins

Daxi Yinghua Resort Hotel is one of the severely affected places in Hailuogou Scenic Area. The house collapsed from the second floor and tilted as a whole, giving people the feeling that it could collapse at any time. Just under this dangerous building, rescuers rescued the first trapped person in the earthquake, and life-saving rescue for several days began.

In the ruins, firefighters risked the second collapse and searched for the voice of the trapped people to enter the building. After four hours of rescue, Ms. Luo, a hotel staff member, successfully got out of trouble and became the "first person" who was rescued in the disaster area after the earthquake.

Race against time in rapids

In order to get close to the island, a special police officer climbed a rope above the rapids and forcibly crossed the river. He, not alone, is fighting. Behind this photo, there is a story of many rescue forces fighting against time and danger to rescue the affected people.

Even a weak force radiates warm light. After the disaster, it is people’s desire to rebuild a happy life. The unity and cohesion of all parties converge into a powerful beam, shining on the road of rebuilding their homes and watching for happiness.

From November 6th, CCTV-12 will broadcast five episodes of Lifeline — — Sichuan Luding 6.8 Earthquake Rescue Documentary, more exciting content will be presented soon.

The Ministry of Public Security deployed a special campaign to crack down on online rumors.

  Cctv newsAccording to the website of the Ministry of Public Security on April 14, in order to effectively purify the network environment and crack down on network rumors according to law, the Network Security Bureau of the Ministry of Public Security recently deployed a 100-day special campaign to crack down on network rumors.

In recent years, there have been frequent network rumors and chaos in some social hot events, which have seriously disrupted the network order. The special action will adhere to the combination of crackdown according to law and comprehensive rectification, focus on the prominent problem that online rumors disrupt the order of cyberspace, crack down on a group of organizers, planners and main implementers who maliciously fabricate and spread online rumors, crack down on a group of "network water army" gangs who use hot events to divert rumors and illegally make profits, rectify a group of Internet companies with prominent online rumors according to law, clean up and shut down a number of illegal online accounts, resolutely curb the frequent occurrence of online rumors, and earnestly safeguard national political security and overall social stability.

The relevant person in charge of the Network Security Bureau of the Ministry of Public Security said that the public security organs will always adhere to the people-centered development thinking, and in accordance with the idea of "opening the way and promoting governance by fighting", while cracking down on rectification according to law, they will further strengthen the comprehensive management of network ecology with relevant departments, form a strong synergy of network governance, better protect the legitimate rights and interests of the people, and strive to make the people’s online security more substantial, secure and sustainable.

Public security organs remind the masses, purify the network environment and crack down on network rumors, which requires the joint efforts of the majority of netizens. I hope that the majority of netizens will keep rational thinking, improve their awareness of prevention, actively resist online rumors, and work together to build a clear network home.

Joint statement of People’s Republic of China (PRC) and the Republic of South Africa on establishing an all-round strategic partnership in the new era (full text)

  Xinhua News Agency, Beijing, September 2nd 

Joint statement of People’s Republic of China (PRC) and the Republic of South Africa on establishing an all-round strategic cooperative partnership in the new era

  At the invitation of the Supreme Leader of President People’s Republic of China (PRC), President Cyril Ramaphosa of the Republic of South Africa paid a state visit to People’s Republic of China (PRC) on September 2, 2024.

  During the visit, the two heads of state held talks in a cordial and friendly atmosphere and exchanged in-depth views on the further development of China-South Africa and China-Africa relations and international and regional issues of common concern under the new situation.

  The two sides stated that cherishing the enduring special friendship between the two sides will accelerate the construction of a high-level community of destiny between China and South Africa. In order to further inherit friendship, consolidate mutual trust, expand cooperation and strengthen cooperation, the two heads of state unanimously decided to upgrade bilateral relations to an all-round strategic cooperative partnership in the new era, promote trade balance, accelerate economic transformation and growth and achieve common prosperity on the basis of solid political mutual trust. The two heads of state reached a series of important consensuses.

  First, accelerate the construction of a high-level community of destiny between China and South Africa.

  (1) The two sides spoke highly of the leap-forward development of bilateral relations since the establishment of diplomatic ties 26 years ago, and appreciated that the fourth state visit of the Supreme Leader to South Africa in August 2023 led to the "golden age" of bilateral relations and made considerable progress in cooperation in various fields. Under the new situation, the global significance and strategic influence of the relationship between the two countries have been continuously enhanced, and it has become a model of unity, cooperation and joint development between large developing countries and countries in the "global South".

  (2) China congratulates President Ramaphosa on his re-election. It is believed that under the leadership of President Ramaphosa, the South African government of national unity will achieve greater success in building a United, just, equal and prosperous country in accordance with the National Development Plan 2030, and maintain an independent and non-aligned foreign policy on the basis of the principle of progressive internationalism. South Africa warmly congratulates People’s Republic of China (PRC) on its 75th anniversary, positively evaluates the development achievements made by people of all ethnic groups in China led by the Communist Party of China (CPC), and wishes China to build itself into a powerful socialist modernization country in an all-round way and achieve the goal of the second century.

  (三)双方将进一步发挥元首外交的战略引领作用,落实两国元首重要共识,发挥各层级结构性交流机制作用,促进互利合作。双方鼓励密切政府、立法机构、地方等各领域各层级交往,持续深化治国理政经验交流互鉴。

  (四)中方坚定支持南非自主选择的民族团结政策和经济社会发展道路,尊重和支持南非政府为维护国家利益、促进经济发展和改善民生所作努力。南非政府重申奉行一个中国政策,承认世界上只有一个中国,中华人民共和国政府是代表中国的唯一合法政府,台湾是中国不可分割的一部分。南非支持中国政府为实现国家统一所作努力。

  (五)双方认为保障和保护包括发展权在内的人权是全人类共同事业,愿在相互尊重,平等相待,反对在人权问题上政治化、极化、选择性和双重标准的基础上开展人权交流与合作。双方同意反对一切形式的歧视,促进和保护弱势群体,特别是妇女、儿童和残疾人的权利,确保他们平等获得资源。

  二、推动共建“一带一路”合作与南非国家发展规划深度对接

  (6) The two sides agreed to strengthen the joint construction of the Belt and Road Initiative and the Economic Reconstruction and Recovery Plan, continue to implement the China-South Africa Ten-Year Cooperation Strategic Plan (2020-2029), and push the two sides to achieve more substantive results in priority issues in the political, economic and social fields.

  7. The two sides are willing to give full play to the mechanisms such as the China-South Africa Joint Working Group and the Joint Economic and Trade Commission, and further expand economic and trade exchanges by optimizing the trade structure, increasing market access and expanding the export of South Africa’s high value-added products.

  (8) The two sides encourage their respective industrial and commercial circles to increase two-way investment, increase manufacturing bases near the sources of related raw materials, and promote the transfer of technical skills and create jobs.

  (9) The two sides promise to provide a stable, fair and convenient business environment for enterprises of the two countries, and safeguard the safety and legitimate rights and interests of personnel, projects and institutions. The two sides encourage economic and trade delegations to exchange visits and will co-host a new energy investment conference through chambers of commerce and associations of both sides. China is willing to hold a recruitment conference for Chinese-funded enterprises with South Africa to promote local employment and improve people’s livelihood.

  10. The two sides believe that working together to promote modernization is the common goal of building a high-level community of destiny between China and South Africa. The two sides will deepen cooperation in traditional fields such as agriculture, health, medicine and infrastructure construction, seize the historic opportunity of a new round of scientific and technological revolution and industrial transformation, focus on key areas such as digital economy, new energy and artificial intelligence, promote cooperation in the development of new quality productive forces, and further expand mutually beneficial cooperation in the fields of renewable energy, energy storage and transmission and distribution.

  (11) China is willing to further share its experience in poverty reduction and rural revitalization with South Africa, build poverty reduction demonstration villages, and provide support for the coordinated development of urban and rural areas in South Africa. The two sides will continue to strengthen exchanges and cooperation in the fields of culture, women, health, youth, education, sports, media, tourism and other humanities.

  Third, work together to build an equal and orderly world multipolarization and inclusive economic globalization.

  12. South Africa welcomes China’s leading role in the international arena and recognizes that China’s global development initiative, global security initiative and global civilization initiative are aimed at maintaining global peace and security, promoting economic and social development and promoting global governance reform. South Africa believes that China will attach importance to the primacy of the United Nations and the African Union in promoting these initiatives, and be consistent with the principles and programs such as the United Nations 2030 Agenda for Sustainable Development and the African Union’s 2063 Agenda. South Africa looks forward to close communication and cooperation with China on bilateral and global issues of common concern, and encourages China to cooperate closely with other big countries in the fields of climate change, conflict prevention and resolution, fair trade and poverty reduction. The two sides welcome and support each other to play a greater role in international affairs, jointly safeguard fairness and justice, and promote global governance in a more just and rational direction.

  13. The two sides praised the 70th anniversary of the publication of the Five Principles of Peaceful Coexistence held by China this year. The Five Principles of Peaceful Coexistence was established at the Bandung Conference in 1955 and has since become the main goal of the Non-Aligned Movement. The two sides agreed to strengthen cooperation in international affairs and multilateral institutions on the basis of the purposes and principles of the Charter of the United Nations, jointly safeguard the rights and interests of developing countries and respect national sovereignty and territorial integrity, and jointly safeguard the international system with the United Nations at the core, the just international order based on international law and the basic norms of international relations.

  14. The two sides support comprehensive reform of the United Nations, including the Security Council, to make it more democratic, representative, effective and efficient, and to increase the representation of developing countries among the members of the Security Council, so that they can fully cope with the current global challenges and support emerging countries and developing countries to play a greater role in international affairs, especially in the UN Security Council.

  15. The two sides will actively push the issue of development back to the center of the agenda of international cooperation and promote the realization of the United Nations 2030 Agenda for Sustainable Development. China appreciates South Africa’s contribution to the international synergy of convergence and coordinated development, congratulates South Africa on successfully hosting the 15th meeting of BRICS leaders in 2023, and appreciates South Africa’s active role as the presidency to realize the historic expansion of BRICS members. The two sides agreed to continue to strengthen coordination and cooperation in the BRICS cooperation mechanism and promote the "Greater BRICS Cooperation" to achieve more pragmatic results.

  16. China will fully support South Africa to assume the presidency of the G20 in 2025, congratulate the AU on becoming a full member of the G20, and call on the international community to pay more attention to the priorities of the G20 involving Africa. China is willing to continuously enhance the influence and voice of emerging market countries and developing countries with South Africa, focusing on major issues such as macroeconomic policy coordination, global poverty reduction and development, and reform of international economic and financial institutions, so as to promote a more balanced and stable global economic and financial structure.

  17. The two sides will continue to uphold the core values and basic principles of the World Trade Organization, oppose "decoupling", resist unilateralism and protectionism, and call for the reform of the international financial system, improve the development financing of African countries and achieve common prosperity.

  18. The two sides appreciated each other’s respective roles on the Russian-Ukrainian issue, welcomed the consensus document issued by China and Brazil on the political settlement of the Ukrainian crisis, and welcomed the peace mission sent by the African Union. The two sides believe that inclusive dialogue and peaceful negotiations are the only feasible political way to solve the crisis in a lasting way, and call on all parties concerned to abide by the principle of "no spillover from the battlefield, no escalation of the war, and no fire from all sides".

  (XIX) The two sides expressed deep concern about the serious humanitarian disaster and spillover effects in the Gaza caused by the current Palestinian-Israeli conflict, and called for the effective implementation of UN Security Council resolutions, the immediate realization of a cease-fire and the resumption of the political settlement process of the Palestinian issue. China appreciates South Africa’s active efforts to activate the role of the international community in the conflict in Gaza, and is willing to jointly promote a comprehensive, just and lasting settlement of the Palestinian issue at an early date. South Africa appreciates China’s successful promotion of Palestinian factions to hold internal reconciliation dialogue and sign the Beijing Declaration.

  Fourth, promote the opening of a new era of building a high-level community of destiny between China and Africa.

  20. The two sides spoke highly of the success of the China-Africa Leaders’ Dialogue in South Africa in August 2023, and looked forward to the Beijing Summit of the Forum on China-Africa Cooperation fully implementing the "Support for Africa’s Industrialization Initiative", "China’s Plan to Help Africa’s Agricultural Modernization" and "China-Africa Cooperation Plan for Talent Cultivation" proposed by the Chairman of the Supreme Leader.

  (21) China appreciates that President Ramaphosa will co-chair the high-level meeting on "Industrialization, Agricultural Modernization and Green Development, the Road to Modernization" with Chinese leaders during the Beijing Summit of the Forum on China-Africa Cooperation.

  (22) The two sides agreed to further integrate the outcome of the summit with the African Union’s Agenda 2063 and the United Nations Agenda for Sustainable Development in 2030, thus opening a new chapter in China-Africa relations. The two heads of state expect the Beijing Summit of the Forum on China-Africa Cooperation to achieve fruitful results and promote the common development of China and Africa.

  (23) The two sides spoke highly of the leading and promoting role played by the Forum on China-Africa Cooperation in promoting high-quality cooperation between China and Africa since its establishment 24 years ago. The two heads of state wished the Beijing Summit of the Forum on China-Africa Cooperation in 2024 a complete success and hoped that the summit would open a new chapter in China-Africa solidarity and cooperation.

  24. The two sides called on the international community to support the efforts of African countries to fully implement the Continental Free Trade Agreement and give Africa space to promote integration. The two sides further called on the international community to support the African Union and other regional organizations in their efforts to independently solve African problems (that is, African solutions to African problems) and are willing to strengthen coordination on hot issues in Africa and jointly safeguard peace and security in Africa.

  (25) During the state visit, the two heads of state witnessed the signing of a number of bilateral cooperation documents, including cooperation in the application field of Beidou satellite navigation system, housing and human settlements construction, deepening bilateral trade cooperation, strengthening exchanges in the field of cultural heritage, foot-and-mouth disease prevention and control cooperation, quarantine and hygiene requirements for South African dairy products exported to China, quarantine and hygiene requirements for South African raw wool exported to China, and scientific and technological cooperation.

  26. Both sides agreed that President Ramaphosa’s visit to China was a complete success, which was of great significance to promoting the development of China-South Africa relations and building a high-level community of destiny between China and Africa. President Ramaphosa expressed his heartfelt thanks to Chairman Supreme Leader and the government and people of China for their warm and friendly reception during his visit.

Interim Measures for the Pilot Project of Mortgage Loan for Farmers’ Housing Property Rights (full text)

  In order to promote the pilot project of mortgage loan for farmers’ housing property rights in accordance with the law, According to the spirit of "Guiding Opinions of the State Council on Piloting the Management Right of Rural Contracted Land and Mortgage Loan for Farmers’ Housing Property Rights" (Guo Fa [2015] No.45) and "Decision of the National People’s Congress Standing Committee (NPCSC) on authorizing the State Council to temporarily adjust and implement relevant laws and regulations in 232 pilot counties (cities, districts) such as Daxing District in Beijing and 59 pilot counties (cities, districts) such as Jixian County in Tianjin", The "Interim Measures" (Annex 1) and "List of pilot counties (cities, districts) for mortgage loans of farmers’ housing property rights" (Annex 2) are hereby printed and distributed to you, please conscientiously implement them according to the actual situation.

  Annex: 1. Interim Measures for the Pilot Project of Mortgage Loan for Farmers’ Housing Property Rights

  2. List of pilot counties (cities, districts) for mortgage loans of farmers’ housing property rights.

  China people’s bank CBRC CIRC

  Ministry of Finance, Ministry of Land and Resources, Ministry of Housing and Urban-Rural Development

  March 15, 2016

  Annex 1

  Interim measures for the pilot project of mortgage loan for farmers’ housing property rights

  Article 1 In order to promote the pilot project of mortgage loans for farmers’ housing property rights in accordance with the law, increase effective financial support for agriculture, rural areas and farmers, and protect the legitimate rights and interests of borrowers, These measures are formulated in accordance with policies and regulations such as "Guiding Opinions of the State Council on Piloting the Management Right of Rural Contracted Land and Mortgage Loan for Farmers’ Housing Property Rights" (Guo Fa [2015] No.45) and "Decision of the NPC Standing Committee on authorizing the State Council to temporarily adjust and implement relevant laws and regulations in 232 pilot counties (cities, districts) such as Daxing District in Beijing and 59 pilot counties (cities, districts) such as Jixian County in Tianjin.

  Article 2 The term "mortgage loan for farmers’ housing property rights" as mentioned in these Measures refers to a loan that is issued by a banking financial institution (hereinafter referred to as the lender) to eligible farmers’ housing owners (hereinafter referred to as the borrower) with the farmers’ housing ownership and the right to use the homestead as collateral without changing the nature of the homestead ownership, and repays the principal and interest within the agreed period.

  Article 3 The term "pilot areas" as mentioned in these Measures refers to the counties (cities, districts) explicitly authorized by the Decision of the NPC Standing Committee on authorizing the State Council to temporarily adjust and implement the relevant laws and regulations in the administrative areas of 232 pilot counties (cities, districts) such as Daxing District in Beijing and 59 pilot counties (cities, districts) such as Jixian County in Tianjin.

  Article 4 Where a borrower applies for a loan with the ownership of farmers’ housing and the right to use the homestead as collateral, it shall meet the following conditions at the same time:

  (1) Having full capacity for civil conduct and no bad credit record;

  (two) there is no dispute about the ownership of the mortgaged house and the right to use the homestead, and it has the ownership certificate issued by the relevant government departments according to law, which is not included in the scope of land acquisition and demolition;

  (3) The borrower shall have other long-term and stable living places except the peasant houses used for mortgage, and be able to provide relevant certification materials;

  (four) the collective economic organization where it is located agrees in writing that the right to use the homestead shall be mortgaged and disposed of together with the farmers’ housing.

  If the farmers’ houses are mortgaged, the written consent of other co-owners shall also be obtained.

  Article 5 The mortgage loan of farmers’ housing property rights obtained by the borrower shall be given priority for legal purposes recognized by the lender, such as agricultural production and operation.

  Article 6 The lender shall make overall consideration of the borrower’s credit status, loan demand and repayment ability, the ownership of the house used for mortgage and the value of the right to use the homestead, and reasonably and independently determine the mortgage rate and actual loan amount of the farmer’s housing property right mortgage loan. Lenders are encouraged to appropriately increase the loan mortgage rate for borrowers who are honest and trustworthy, supported by financial discount, agricultural insurance or farmers’ housing insurance.

  Article 7 Lenders shall refer to the benchmark interest rate of the same period and grade published by the People’s Bank of China, and determine the interest rate of farmers’ housing property mortgage loan reasonably and independently in combination with the actual situation of borrowers.

  Article 8 The lender shall reasonably and independently determine the loan term by taking into account the borrower’s age, loan amount, loan purpose, repayment ability and the conditions of farmers’ houses and homesteads used for mortgage.

  Article 9 Lenders and borrowers can determine the value of house ownership and homestead use right fairly, justly and objectively by entrusting a third-party real estate appraisal agency for appraisal, self-appraisal by the lender or negotiation between the two parties.

  Article 10 Lenders are encouraged to actively innovate credit products and service methods according to the needs of borrowers, simplify loan procedures, strengthen loan risk control, and comprehensively improve the quality and efficiency of loan services. In addition to the loan interest rate agreed in the mortgage contract of farmers’ housing property rights, other borrowing costs shall not be increased in addition or in disguise.

  Article 11 Both borrowers and lenders shall, according to the provisions of the pilot areas, handle mortgage registration of house ownership and homestead use right at the real estate registration institution determined by the government in the pilot areas.

  Article 12 If the borrower fails to perform the due debts or needs to exercise the mortgage right according to the circumstances agreed by the borrower and the borrower, the lender shall, in combination with the actual situation in the pilot area, cooperate with the government of the pilot area to dispose of the collateral through loan restructuring, orderly settlement, real estate sale or auction, etc., and the proceeds from the disposal of the collateral shall be given priority by the lender. In principle, the transferee’s scope should be limited to the relevant laws and regulations and the scope stipulated by the State Council when selling or auctioning the mortgaged farmers’ houses.

  Article 13 The governments in the pilot areas should accelerate the registration and certification of the investigation on the ownership of houses and the right to use homesteads within their administrative areas, and actively organize and do a good job in the formulation of benchmark land prices for collective construction land, value evaluation, collateral disposal mechanism and other supporting work.

  Article 14 Governments in pilot areas are encouraged to set up risk compensation funds for farmers’ housing property mortgage loans, which are used to share loan losses caused by force majeure such as natural disasters and protect farmers’ basic housing rights and interests during the period of collateral disposal, or to give appropriate interest subsidies to farmers’ housing property mortgage loans according to local financial resources, so as to enhance lenders’ lending incentives.

  Fifteenth pilot areas are encouraged to provide guarantees for farmers’ housing property rights mortgage loans through government guarantee companies.

  Article 16 The branches of the People’s Bank of China in the pilot areas should increase the support for re-lending agriculture to lenders who have achieved good results in carrying out mortgage loans for farmers’ housing property rights.

  Article 17 The banking supervision institution shall make overall research, reasonably determine the calculation rules and incentive policies on the risk weight, capital provision and loan classification of farmers’ housing property rights mortgage loans, and support financial institutions to carry out farmers’ housing property rights mortgage loans.

  Eighteenth insurance supervision and management institutions should speed up the improvement of agricultural insurance and farmers’ housing insurance policies, and provide credit support for borrowers by exploring various ways such as developing farmers’ housing property rights mortgage loan guarantee insurance business.

  Nineteenth pilot working groups in each pilot area should strengthen overall coordination, rely on the actual division of responsibilities, and do a solid job in organizing the implementation, follow-up guidance and summary evaluation of pilot organizations within their jurisdiction. During the pilot period, the provinces will form an annual pilot summary report at the end of each year, which should be sent to the pilot steering group in the name of the provincial people’s government before the end of January each year (postponed in case of holidays).

  Article 20 Branches of the People’s Bank of China shall strengthen pilot monitoring, business guidance and evaluation summary together with banking supervision institutions and other departments. The pilot counties (cities, districts) shall submit quarterly summary reports and policy suggestions, which shall be summarized by the branches above the sub-provincial city center branch of the People’s Bank of China in conjunction with the banking regulatory bureau and submitted to the office of the pilot steering group within 20 working days after the season, and printed and sent to all members of the steering group.

  Article 21 All banking financial institutions may, in accordance with the relevant provisions of these Measures, formulate the management system and detailed rules for the implementation of farmers’ housing property rights mortgage loans, and send a copy to the People’s Bank of China and banking supervision and management institutions.

  Twenty-second for farmers’ housing property rights to provide guarantees for others’ loans, can be implemented with reference to these measures.

  Article 23 These Measures shall be interpreted by the People’s Bank of China, the China Banking Regulatory Commission and the relevant member units of the pilot steering group.

  Article 24 These Measures shall come into force as of the date of promulgation.

  Annex 2

  List of pilot counties (cities, districts) for mortgage loans of farmers’ housing property rights

  

province

Pilot counties (cities, districts)

Tianjin

Jixian county

Shanxi province

Yuci District, Jinzhong City

Inner Mongolia Autonomous Region

Horinger County and Ulanhot City

Liaoning province

Tieling County, kaiyuan city

Jilin province

Jiutai District, Changchun City

Heilongjiang province

Lindian County, founder county County and Dumont County.

Jiangsu Province

Wujin District, Yizheng City and Sihong County, Changzhou City

Zhejiang Province

Yueqing, qingtian county, Yiwu and Ruian.

Anhui province

Jinzhai County, Xuanzhou District of Xuancheng City

Fujian Province

Jinjiang City, Gutian County, Shanghang County, shishi city

Jiangxi province

Yujiang county County, Huichang County and Wuyuan County.

Shandong Province

Feicheng City, Tengzhou City, Wenshang County

Henan Province

Hua county, lankao county.

Hubei province

Yicheng City and Jiangxia District of Wuhan City

Hunan province

Liuyang City, leiyang city, Mayang County

Guangdong Province

Wuhua County and Lianzhou City

  

Guangxi autonomous region

Tianyang county

Hainan province

Wenchang City, Qiongzhong County

Chongqing

Jiangjin district, Kaixian and Youyang counties.

Sichuan Province

Luxian County and Pixian CountyPengshan District, Meishan City

Guizhou Province

Jinsha County and Meitan County

Yunnan Province

Dali City, Qiubei County and Wuding County

Xizang Autonomous Region

Qushui county

Shaanxi province

Pingli County, Gaoling District of Xi ‘an City

Gansu province

longxi county

Qinghai province

huangyuan county

Ningxia autonomous region

pingluo xian

Xinjiang autonomous region

Yining city