标签归档 夜西安论坛

Recently, in accordance with the requirements of the educational activities on the theme of "Do not forget your initiative mind, Keep in mind the mission", the main responsible comrades of the Law and Regulation Department led a team of four people to form a research group to carry out special investigations on the supervision of grassroots markets in Hanzhong City and Ankang City, Shaanxi Province. The investigation is now reported as follows:

First, investigate the basic situation

In order to fully understand the establishment and operation of grass-roots market supervision institutions, the research team held forums in Hanzhong City and Ankang City respectively by combining discussion and investigation, and had discussions and exchanges with more than 30 directors of market supervision institutions and responsible comrades of legal institutions of grass-roots market supervision departments; He also visited three city and township market supervision offices to carry out field research, listened to the opinions and suggestions of grassroots comrades on the legal orientation and functional orientation of market supervision offices, and learned about the law enforcement and rule of law construction of grassroots market supervision.

Second, the situation of grassroots market supervision institutions in Shaanxi Province

The research team learned that after the reform of the market supervision system was initiated in Shaanxi Province in 2015, according to the requirements of the documents of the provincial party committee and the provincial government, market supervision bureaus were established in all counties and districts, which integrated the responsibilities of industry and commerce, quality inspection, salt affairs and food and drug supervision departments. There were different forms of market supervision institutions at the township level. In some areas, industrial and commercial offices and township food and drug supervision offices managed by districts were still retained, and in some areas, market supervision offices were established by "merging into one". Some market supervision offices are still dispatched by county bureaus, and some have been managed by township governments.

Hanzhong, visited by the survey, has a total area of 27,200 square kilometers and a permanent population of 3.86 million. After the institutional reform in 2015, 11 counties and districts in the city successively established county-level market supervision administrations (with the brand of Food and Drug Administration). In February 2019, the original functions of industry and commerce, quality supervision, food and drug supervision, salt affairs, price supervision and intellectual property rights, and cracking down on counterfeit and shoddy goods were integrated at the municipal level, and the Hanzhong Municipal Market Supervision Bureau was established. The 11 county and district market supervision bureaus were basically reformed before the end of June. At present, there are 178 market supervision offices (with food and drug supervision offices) in the city. Except for 52 offices in Chenggu and Lueyang counties, the remaining 126 offices have been placed under the management of towns (street offices). There are 2590 people in the city’s market supervision system, including 1154 people in the market supervision office.

Ankang, visited by the survey, has a total area of 23,500 square kilometers and a permanent population of 2,668,900. In January 2019, the original functions of industry and commerce, quality supervision, food and drug supervision, salt affairs, price supervision and intellectual property rights were integrated at the municipal level, and the Ankang Municipal Market Supervision Bureau was established. There are 11 county and district market supervision administrations and 138 township market supervision offices in the city. Except for 4 agencies in Hanbin District, which are dispatched by Hanbin District Market Supervision Bureau, the rest have been placed under the management of towns (street offices). There are 1520 market supervision departments in the city, including 694 market supervision offices.

Third, the problems found in the investigation

(A) the grass-roots market supervision and law enforcement power is seriously inadequate.

After the institutional reform, the supervision and law enforcement power of the market supervision office has not been effectively supplemented according to the requirements of the transfer of functions and the follow-up of people, resulting in a serious mismatch between the supervision power and the supervision function, the law enforcement is not in place, and the supervision function is empty, which has brought great risks and hidden dangers. The main manifestations are as follows: First, there is a serious mismatch between the regulatory power and the regulatory function. Before the institutional reform, the former Quality Supervision Bureau, Salt Bureau, Price Supervision Bureau, Intellectual Property Department and other departments did not have offices at the grassroots level. At present, most market supervision offices are established after the integration of the former industrial and commercial and food and drug supervision offices, and their functions include administrative licensing matters such as issuing certificates and licenses, and full-scale supervision of the former industrial and commercial, quality supervision, food and drug, price, etc., as well as various market inspections, special rectification, consumer complaints, law enforcement inspections, statistical reports and so on. However, at the same time, law enforcement personnel have not been supplemented accordingly. Many supervision institutions only have 2 to 4 people, and receive 2 to 3 documents issued by superiors every day on average, which makes some supervision work become a mere formality, focusing only on work marks and not on actual work. Coupled with the continuous and strict accountability, law enforcement officers in some places have a fear of being unwilling and afraid to enforce the law. The absence of grass-roots supervision power also leads to a large backlog of work in the county bureau, which affects the performance of the county bureau’s work responsibilities. Second, the professionalism of grassroots supervisors needs to be improved. There is a general lack of professional knowledge and technical personnel in the fields of food and medicine, medical equipment, special equipment, standard measurement, etc., and it is difficult to deal with slightly complicated cases. It is often the case that the documents issued by the county and district bureaus to the town (street office) are not implemented.The person who receives the document does not know the business, and the person who knows the business is not on the job or has been going to the countryside for a long time.

(2) The phenomenon of brain drain and deviation from the main business is serious.

Comrades at the grassroots level generally reported that after the market supervision office was placed under the management of the town (street office), the focus of work shifted, and even the government decrees were not smooth, and some important supervision tasks could not be implemented, which further weakened the market supervision and law enforcement force that was already in serious shortage, and the grassroots supervision ability declined, and the "last mile" of market supervision was neglected. First, after some town (street office) market supervision offices were placed under the management of town offices, market supervision personnel, especially young effective forces and professional law enforcement backbones, were transferred or misappropriated to complete government work, resulting in a serious loss. Some supervisors come from other departments of the town (office) government, have no law enforcement experience and qualification, and can only engage in law enforcement work in the name of others, which poses great legal risks. According to statistics, as of the end of 2018, among the 288 township (street office) market supervision offices in Hanzhong City, only 45% were on the job. Second, the market supervision office has to accept various tasks assigned by the town (street office). In addition to undertaking normal market supervision work, it is also engaged in a large number of town (office) work, including securing villages, demolition, creating health facilities, assisting in handling letters and visits, banning straw burning, flood control, environmental protection, etc. The focus of work is mainly on township work, and in some areas, township work even accounts for 80% of grass-roots work, and the directors of some township offices also serve as poor villages. For example, a township market supervision office in Ankang visited by the research team has only two offices, and there is an administrative license acceptance window in the government service hall, with only one cadre on duty.It is simply impossible to undertake heavy market supervision and law enforcement work.

The research team learned that individual market supervision offices, which are still dispatched by county-level market supervision departments, are facing serious pressures and problems after institutional reform, but due to the relatively stable law enforcement personnel, clear supervision responsibilities, smooth uploading and distribution, and good implementation of grassroots tasks, market supervision work has been carried out in an orderly manner in the past year.

(3) The number of law enforcement cases dropped sharply.

The research team learned that the number of law enforcement cases handled by the market supervision institute has dropped significantly, and even zero cases have been handled every year, exposing a large number of regulatory risks and hidden dangers. According to statistics, the number of law enforcement cases handled by most market supervision offices in transferred towns (street offices) has decreased by about half compared with that before 2015, and in some areas it is less than one-third before the transfer. For example, in Hanzhong City, before 2015, the town (street office) supervision office, as the dispatched office of the county bureau, was basically able to focus on supervision, and the supervision and law enforcement were in place. In 2015, various management offices investigated and handled 798 cases of various types, which declined year by year after being transferred to the town (street office) management, and only 200 cases were handled by most supervision offices in 2018. In the first half of this year, after the functional integration, the number of food and drug illegal cases investigated and handled also decreased by 43% compared with the same period last year.

(four) the identity of law enforcement personnel is different, and the people’s hearts are unstable.

Most of the supervision offices managed by towns (street offices) are public institutions, and the staffing of law enforcement personnel in the offices is different. The former industrial and commercial law enforcement personnel are mostly administrative, while the food and drug law enforcement personnel are basically career-oriented. In addition, some quality supervision law enforcement personnel are prepared for the public service, and a large number of law enforcement tasks such as price and salt affairs are diligent. After the combination, there are few administrative personnel and many career-oriented personnel, especially those who are diligent, accounting for a large proportion. Due to the different identities of personnel, especially the establishment of some self-supporting undertakings, the employees are paid differently for equal work, which greatly affects the enthusiasm of grassroots personnel in law enforcement and case handling.

(E) inadequate protection has affected the effectiveness of supervision and law enforcement.

Grassroots comrades reported that many market supervision offices, especially those under the management of towns (street offices), are seriously short of office funds. There is a big gap between the office space of some supervision offices and the requirements for standardized construction of grassroots supervision offices issued by the General Administration. However, in some areas, staffing, vehicle establishment, and law enforcement fund guarantee are not allocated according to the standards of administrative law enforcement units, but related resources are allocated according to management units, so the gap between law enforcement work guarantee and work needs is extremely large, and the construction of law enforcement teams is seriously lagging behind. For example, there are 8 state-level poverty-stricken counties in 11 counties in Hanzhong City, with poor economic foundation, and a large gap in law enforcement funds, law enforcement vehicles, law enforcement recorders, rapid inspection and testing equipment, which cannot meet the needs of supervision and law enforcement, seriously restricting the improvement of supervision efficiency.

Fourth, thinking and suggestions

(A) Analysis of the legal orientation and functional orientation of the market supervision office

According to the spirit of the central document, the Plan for Deepening the Reform of the Party and State Institutions adopted at the Third Plenary Session of the 19th Central Committee in communist party, China stipulates that "the law enforcement responsibilities and teams of industry and commerce, quality inspection, food, medicines, prices, trademarks and patents should be integrated to form a comprehensive law enforcement team for market supervision. Guided by the State Administration of Market Supervision. Encourage local governments to integrate other law enforcement teams that go directly to the market and enter enterprises, face the grassroots and face the people, such as business law enforcement and salt law enforcement, into the comprehensive law enforcement team of market supervision. " The Guiding Opinions on Deepening the Reform of Comprehensive Administrative Law Enforcement of Market Supervision issued by the General Offices of the General Office of the Central Committee of the CPC and the State Council on November 26, 2018 pointed out that "integrate the strength and resources of stations in towns (streets) in the field of market supervision, set up a unified comprehensive administrative law enforcement team for market supervision, be responsible for basic supervision, and exercise the power of administrative punishment according to law. As an agency of the county (city, district) market supervision bureau, the county (city, district) market supervision bureau will take charge of it. To make provisions on the functional orientation and work affiliation of the comprehensive law enforcement team of market supervision.

According to the provisions of laws and regulations, according to the relevant provisions of the Administrative Licensing Law and the Administrative Punishment Law, for example, the market supervision office, as an agency of the county-level market supervision department, can directly exercise the market supervision function according to law. If the market supervision office is placed under the management of the town (street office), there are three ways to realize the statutory authority. First, it is authorized by laws and administrative regulations; Second, with the approval of the State Council, the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government decide an administrative organ to exercise the administrative licensing power of the relevant administrative organs; The State Council or the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government authorized by the State Council decide that an administrative organ shall exercise the administrative punishment power of the relevant administrative organs; Third, it is entrusted by the county-level market supervision department to exercise its functions and powers (administrative license can be entrusted to other administrative organs, and administrative punishment can be entrusted to legally established institutions that manage public affairs). At present, most transfer offices in Shaanxi adopt the third way. As a public institution, they are entrusted by the county market supervision bureau to exercise part of their functions and powers, and the county market supervision bureau bears legal responsibility for the consequences of their actions, resulting in a mismatch between rights and responsibilities to a certain extent.

Judging from the practice of law enforcement at the grass-roots level, the southern part of Shaanxi Province, which was investigated this time, was mainly transferred to market supervision offices managed by towns (street offices). These market supervision offices generally deviated from the main business of supervision, weak law enforcement power and insufficient professional ability, which had a great impact on law enforcement and case handling. The career development of market supervision cadres also faced many uncertainties, which affected the development of market supervision and law enforcement and the maintenance of market order to a certain extent.

(B) Suggestions on further strengthening the construction of grass-roots market supervision institutions

The market supervision department undertakes the daily supervision and administrative law enforcement functions in the fields of industry and commerce, quality inspection, food, medicine, price and intellectual property rights, and is equivalent to the "police" in the economic field. Whether the market supervision responsibility can be fulfilled in place is directly related to the well-being of the people. Grass-roots market supervision institutions are the tentacles and nerve endings of market supervision departments, and whether their functions can be fully exerted directly affects the performance of market supervision functions. Comrades at the grassroots level reported that the law enforcement power of the county market supervision bureau is relatively weak, and the law enforcement field in the jurisdiction is wide and the jurisdiction area is large, so it is impossible to achieve comprehensive and effective supervision, especially in the areas where food, drugs and special equipment are supervised in the whole process. Extending to the grassroots level with the help of dispatched agencies is an important means to improve the supervision efficiency. Grassroots people also generally believe that it is necessary to set up a market supervision office around them, so that the people can feel more at ease, at ease and at ease, which is conducive to timely accepting and solving complaints and reports from the masses, discovering problems in the market, protecting consumers’ rights and interests, and safeguarding the vital interests of the people. Therefore, it is suggested to further consolidate and strengthen the power of grassroots market supervision institutions. First, further research and demonstration should be carried out to identify the difficulties and pain points in the work of grass-roots market regulators, find out the root causes of the problems and study effective solutions. Second, combined with the problems found in the investigation, in accordance with the instructions of the leaders of the General Administration, clarify the legal position of the market supervision office, refine its work responsibilities, actively coordinate with the legislature, promote the formulation of the Regulations on Market Supervision Office, solidify it at the administrative regulations level, and promote the work of the market supervision office to get on the right track as soon as possible. Third, strengthen basic infrastructure,Enrich the grassroots market supervision and law enforcement team, increase training, accelerate the cultivation of specialized market supervision and law enforcement cadres, strengthen the funding and hardware guarantee of grassroots market supervision institutions, and improve the level of informationization.

　　[Strugglers are young, a first-line story]

　　Guangming Daily reporter Party Wen Ting Yan Shenghe

　　"The photoresist sample is eluted from the chromatographic column to determine the degree of crosslinking and molecular weight, using the separation mechanism of size exclusion." Teng Chao, a young distinguished professor, is explaining the experimental principle to students in the laboratory of Applied Technology Research Institute of Shenzhen Vocational and Technical College.

　　Don’t underestimate the dimly lit laboratory behind him. Although the area is small, every piece of equipment inside is a "treasure" cherished by Teng Chao. In June this year, it was in this tens of square meters laboratory that the photosensitive polyimide photoresist was developed. Through testing and verification, its performance can meet the import substitution requirements.

　　Teng Chao is in the laboratory. Bright picture

　　From research and development to success, Teng Chao and his team have been studying this project for seven years. Compared with the traditional photoresist, this new photoresist not only plays the role of lithography but also is a dielectric material, which can greatly shorten the working procedure, improve the production efficiency, and make the important raw materials in China’s chip manufacturing supply chain self-controllable.

　　Although the scientific researcher is young, he is accurate and neat when facing the team, and his gestures reveal calmness and steadiness. This Ph.D. major in polymer physics is engaged in the research of new materials. What made him successful in this field of pursuing speed?

　　The story began 10 years ago, on the eve of graduation from Nanjing University, when a company came to the door and wanted to conduct joint research and development, so that Teng Chao really understood the current situation faced by China’s photoelectric display and semiconductor industry at that time. "There are a bunch of source technologies behind the screen that are still being ‘ Get stuck in the neck ’ For example, the LCD spacer microsphere material that accurately controls the thickness of the liquid crystal layer has been available for nearly 40 years, but the technology and supply are still in the hands of Japanese companies. "

　　This made Teng Chao make a bold decision — — Go to Shenzhen, the nearest to the industry, to engage in applied technology research! Teng Chao told the most respected teacher Xue about this idea and got the support and encouragement from the teacher.

　　Teacher Xue in Teng Chao’s mouth is an example that has the deepest influence on his scientific research. As one of the first doctors in the field of polymer in New China, he often warns Teng Chao, "Don’t stare at the data in research, don’t just want to send papers, but produce more useful results for the industry".

　　When Teng Chao first challenged the LCD spacer microsphere project, he encountered unprecedented difficulties.

　　"I can also supplement the technical problems through a lot of reading and experiments. The most difficult thing is to form a team." It turns out that this project is to develop alternative materials rather than breakthrough products, so it is difficult to publish papers, so it is difficult for the research group to recruit people. From doing experiments, collecting data to analyzing and testing, Teng Chao and his partner personally started, "almost lived in the office for more than a year."

　　Where there’s a will, there’s a way. In the process of cramming lessons and sweating, the interdisciplinary knowledge network gave Teng Chao a "light stroke". He designed a set of algorithms to accurately control the variables in the experiment, and finally succeeded: several factories tested at the same time, and all of them passed at one time for the first time.

　　This is also the first related product in China that can fully pass the flat panel display industry test and have mass production capacity, breaking the Japanese long-term monopoly in this field for decades. Now all the major domestic flat panel display manufacturers use this high-precision microsphere material with high cost performance.

　　The success of microsphere research and development has given Teng Chao and the team great encouragement and confidence. In 2015, Teng Chao turned his attention to photoresist, a key material that troubled chip research and development. This kind of material is used for circuit packaging and lithography opening of the core part of the chip, which is monopolized by Japan and the United States and banned from domestic enterprises in many fields.

　　Many enterprises have a hard time saying — — The shelf life of photoresist is only 6 months, so it can’t be stored in large quantities. Long-term technical monopoly has created a "seller’s market". This monopoly is not only reflected in the final product, but also in the raw materials of the product.

　　"Take the photosensitizer at the core of photoresist as an example. We need high-purity photosensitizers. There is no supply in China, and Japanese companies refuse to supply them after learning about their purchasing intentions." Recalling the development process, Teng Chao’s face showed a wry smile. "We found that there was no shortcut to raw materials, so we had to set up a new R&D team and start to tackle the synthesis method and purification process from the various components of photoresist."

　　The project team started with raw chemicals that can be supplied in large quantities in China, and finally got high-purity photosensitizer products and other raw materials that meet the needs of the project step by step. "Although this has lengthened the research and development cycle of photoresist, the establishment of domestic industrial raw material supply chain has completely freed us from being ‘ Get stuck in the neck ’ The possibility. "

　　"Apply what you have learned and the industry will serve the country." Today, Teng Chao, like his mentor, often exhorts dozens of doctoral and master students in the team. In such an atmosphere, the team attacked one after another "stuck neck" industrial pain points: liquid crystal orientation agent, hardened insulating layer material, electroacoustic sound quality enhancement material.

　　"When tackling key problems in scientific research, we should not only consider commercial value, but also consider whether it contributes to the country, society and industry." Teng Chao said firmly, "We must master the key core technologies in our own hands!"

　　Xinhua News Agency, Beijing, March 17th Resumes of President People’s Republic of China (PRC) and People’s Republic of China (PRC) chairman of the Central Military Commission

　　Resume of the supreme leader

　　Supreme Leader, male, Han nationality, born in June 1953, Fuping, Shaanxi Province, joined the work in January 1969, joined the Communist Party of China (CPC) in January 1974, and graduated from Tsinghua University College of Humanities and Social Sciences with a postgraduate degree and a doctorate in law.

　　At present, General Secretary of the Communist Party of China (CPC) Central Committee, Chairman CPC Central Military Commission, Chairman People’s Republic of China (PRC), chairman of the Central Military Commission, People’s Republic of China (PRC).

　　1969-1975 educated youth and party branch secretary of Liangjiahe Brigade of Wen ‘anyi Commune in Yanchuan County, Shaanxi Province

　　From 1975 to 1979, Tsinghua University Department of Chemical Engineering studied basic organic synthesis.

　　1979-1982 Secretary of the General Office of the State Council and the General Office of the Central Military Commission (active service)

　　1982-1983 Deputy Secretary of Zhengding County Committee of Hebei Province

　　1983-1985 Secretary of Zhengding County Committee of Hebei Province, First Political Commissar of the Armed Forces Department of Zhengding County and First Secretary of the Party Committee.

　　1985-1988 Member of the Standing Committee and Deputy Mayor of Xiamen Municipal Committee of Fujian Province

　　1988-1990 Secretary of Ningde District Committee of Fujian Province and First Secretary of Ningdejun District Party Committee.

　　1990-1993 Secretary of Fuzhou Municipal Committee of Fujian Province, Director of the Standing Committee of the Municipal People’s Congress, and First Secretary of the Party Committee of Fuzhou Military Division.

　　1993-1995 Member of the Standing Committee of Fujian Provincial Committee, Secretary of Fuzhou Municipal Committee, Director of the Standing Committee of the Municipal People’s Congress, and First Secretary of the Party Committee of Fuzhou Military Division.

　　1995-1996 Deputy Secretary of Fujian Provincial Committee, Secretary of Fuzhou Municipal Committee, Director of the Standing Committee of the Municipal People’s Congress, and First Secretary of the Party Committee of Fuzhou Military Division.

　　1996-1999 Deputy Secretary of Fujian Provincial Party Committee and First Political Commissar of Fujian Anti-aircraft Artillery Reserve Division

　　1999-2000 Deputy Secretary of Fujian Provincial Party Committee, Acting Governor, Deputy Director of National Defense Mobilization Committee of Nanjing Military Region, Director of National Defense Mobilization Committee of Fujian Province, and First Political Commissar of Fujian Anti-aircraft Artillery Reserve Division.

　　2000-2002 Deputy Secretary of Fujian Provincial Party Committee, Governor, Deputy Director of National Defense Mobilization Committee of Nanjing Military Region, Director of National Defense Mobilization Committee of Fujian Province, and First Political Commissar of Fujian Anti-aircraft Artillery Reserve Division.

　　(From 1998 to 2002, he studied in the postgraduate class of Marxist theory and ideological and political education in Tsinghua University College of Humanities and Social Sciences, and obtained a doctorate in law).

　　2002-2002 Deputy Secretary of Zhejiang Provincial Committee, Acting Governor, Deputy Director of National Defense Mobilization Committee of Nanjing Military Region, and Director of National Defense Mobilization Committee of Zhejiang Province.

　　2002-2003 Secretary of Zhejiang Provincial Party Committee, Acting Governor, First Secretary of Party Committee of Zhejiang Military Region, Deputy Director of National Defense Mobilization Committee of Nanjing Military Region and Director of National Defense Mobilization Committee of Zhejiang Province.

　　2003-2007 Secretary of Zhejiang Provincial Party Committee, Director of Standing Committee of Provincial People’s Congress, First Secretary of Party Committee of Zhejiang Military Region

　　2007-2007 Secretary of Shanghai Municipal Committee, First Secretary of Shanghai Garrison Party Committee

　　2007-2008 The Politburo Standing Committee (PSC), Secretary of the Central Secretariat and President of the Central Party School.

　　2008-2010 The Politburo Standing Committee (PSC), Secretary of the Central Secretariat, Vice Chairman People’s Republic of China (PRC), President of the Central Party School.

　　2010-2012 The Politburo Standing Committee (PSC), Secretary of the Central Secretariat, Vice Chairman People’s Republic of China (PRC), Vice Chairman CPC Central Military Commission, Vice Chairman the Central Military Commission (CMC) of the People’s Republic of China and President of the Central Party School.

　　2012-2013 General Secretary of the Central Committee, Chairman CPC Central Military Commission, Vice Chairman People’s Republic of China (PRC) and Vice Chairman the Central Military Commission (CMC) of the People’s Republic of China.

　　2013-General Secretary of the Central Committee, President CPC Central Military Commission, President People’s Republic of China (PRC), chairman of the Central Military Commission, People’s Republic of China (PRC)

　　Alternate member of the 15th CPC Central Committee, member of the 16th, 17th, 18th and 19th CPC Central Committee, secretary of the 17th members of the Political Bureau of the Communist Party of China Central Committee, Standing Committee and Central Secretariat, and general secretary of the 18th and 19th members of the Political Bureau of the Communist Party of China Central Committee. The first session of the 11th National People’s Congress was elected as the vice chairman of People’s Republic of China (PRC). The Fifth Plenary Session of the Seventeenth Central Committee was added as Vice Chairman CPC Central Military Commission. The 17th meeting of the 11th the National People’s Congress Standing Committee (NPCSC) was appointed as the vice chairman of the Central Military Commission (CMC) of the People’s Republic of China. The First Plenary Session of the 18th CPC Central Committee served as President CPC Central Military Commission. The first session of the 12th National People’s Congress was elected as President People’s Republic of China (PRC) and chairman of the Central Military Commission of People’s Republic of China (PRC). The First Plenary Session of the 19th CPC Central Committee served as President CPC Central Military Commission. The first session of the 13th National People’s Congress was elected as President People’s Republic of China (PRC) and chairman of the Central Military Commission of People’s Republic of China (PRC).

[Original] Text/Xi Yan

In the script copyright transfer contract, if it is agreed that starting the script is the payment condition of the script transfer fee, it is uncertain whether to start the script. If the shooting plan is cancelled and the starting conditions are lost, what should I do with the balance?

Party A and Party B sign the Script Purchase Contract, stipulating that Party A will buy the literary script of TV series created by Party B, with a total remuneration of 1.8 million yuan, which will be paid in three times. After the contract is signed and all scripts are delivered by Party B, Party A shall pay 50% of the total remuneration to Party B within ten days, that is, 900,000 yuan; After Party B modifies the script according to Party A’s opinion and submits it to Party A for review and approval, Party A shall pay 30% of the total remuneration to Party B within 10 days, that is, 540,000 yuan; Party A shall pay Party B 20% of the total remuneration, that is, 360,000 yuan, within ten days before the start of the crew. On June 8, 2021, Party B delivered the script of TV series to Party A, and Party A paid the first payment of 900,000 yuan to Party B on June 28; 300,000 yuan was paid to Party B on December 28th, 2021. Since then, Party A has not paid any more. On June 15, 2022, Party A informed Party B that it would not be turned on in the near future. Is there any legal basis for B to sue A for paying the third remuneration?

The contract involved stipulated that "after Party B revised the script according to Party A’s opinion and submitted it to Party A for review and approval, Party A should pay 30% of the total remuneration to Party B within 10 days, that is, 540,000 yuan". After paying the first remuneration in full, Party A paid 300,000 yuan to Party B on December 28, 2021, which was actually the second remuneration paid by Party A to Party B. Although it was not full, it was also fulfilling the obligation to pay the second remuneration. A pays the second part of the remuneration, indicating that it recognizes the quality of B’s works. B has revised the script according to A’s opinion, and A has also finished reviewing it. The payment conditions for the second payment have been fulfilled, and Party A should pay Party B the second payment in full.

The point of dispute is whether A should pay the third remuneration. According to the contract involved, "Party A should pay Party B 20% of the total remuneration, that is, 360,000 yuan, within 10 days before the crew starts." Whether the TV series can start requires conditions, such as the availability of funds and the determination of actors. Strictly speaking, it is uncertain whether shooting can be started. If A has insufficient funds and unfavorable financing, the project may be aborted. Therefore, booting is a condition, not a deadline. Although there is an agreement in the contract to pay "within ten days before the crew starts up", this agreement is conditional.

The relationship between Party A and Party B is the transfer of script copyright. As the transferor, Party B not only delivered the script, but also revised it according to Party A’s requirements, which was also reviewed and approved by Party A, and Party B has fulfilled all obligations in the contract involved. However, since the startup time has not been determined and the startup conditions are not available, the attached conditions have not been fulfilled, and Party B has no right to ask Party A to pay the third remuneration. That is, according to the contract, Party A has the right to refuse the obligation of Party B to pay the third remuneration.

However, as mentioned above, Party B has fulfilled its obligations in the contract involved. The contract does not stipulate the starting time, nor does it stipulate how to deal with the remuneration if the shooting cannot be started or cancelled. How to protect the rights and interests of Party B if Party A fails to turn on the phone for a long time or even cancels the shooting plan, so that the payment terms cannot be achieved? Is there no right to ask Party A to pay the third payment? If Party B has no right to ask Party A to pay the third installment remuneration under the above circumstances, does it conflict with the agreement that the total remuneration in the contract is 1.8 million yuan?

Whether or not to start the machine is decided by Party A and controlled by Party A, does it constitute its own interests and prevent the conditional achievement in an improper way for the conditional civil legal act?　 　 　 　 　 　 　 　 　 　 　 　 　 　 　 　 　 　 　 　 　 　 　 　 　 　　

This case is adapted from the civil judgment of Fujian Higher People’s Court (2015) Min Min Zhong Zi No.468.