分类： jgjfhgf

　　Author/He Yifan

　　Source/bento finance (ID: daxiong fan)

　　Recently, Haidilao released a performance forecast for the first half of the year, and it is expected that the company will lose money in the first half of the year.

　　Affected by the epidemic, the catering industry is generally depressed, and the income reduction, profit decline and even loss are expected. In order to cope with the epidemic, many catering enterprises have prepared Plan B to increase revenue and reduce expenditure. For example, the role of take-out has changed from assist to main force.

　　However, a hot pot chain is different. It has always refused to take out food, but it only tried for a short time in the epidemic. Although the business was hot, it was decisively removed after letting go of the restaurant food, preferring to lose this part of its income.

　　At present, it is the strongest opponent of Haidilao, and its stores in several cities are only one block away. The two sides are in close combat, but the tactics are very different from Haidilao.

　　Haidilao is famous for its "abnormal service", but it claims to Maimang that service is not its own characteristic, "hairy belly and mushroom soup are"; Since 2017, Haidilao has entered the period of high-speed expansion of opening stores, but although it has performance growth targets, it has refrained from setting expansion targets; Haidilao can become a profit center from the bottom materials to the main links of logistics, but it insists on making money only from stores; Haidilao is a popular hot pot, but it believes that someone will pay for a good product and insist on making a high-end hot pot.

　　This hot pot is called "Banu". Although it has been established for 19 years, it has never been known before, but it has a general appeal in the regional market. Some time ago, I deeply experienced this hot pot under the recommendation of a friend, and found that it is a somewhat stubborn hot pot brand.

　　Banu’s name is taken from the nickname of the porter on the Chuanjiang Wharf in Chongqing. This is a stubborn group, always bending over and carrying loads, but leaning back against the current.

　　Du Zhongbing, its founder, is also a stubborn person. Although his photo with a hairy belly appears on the publicity page of Banu, he is cautious and rarely interviewed. About his family history, only some fragments can be found in the circle of Henan entrepreneurs. This seemingly rough northern man is actually a super detail controller. His only pleasure comes from eating hot pot and studying hot pot.

　　Haidilao takes service as a breakthrough and has its own reasons. Hot pot is the most standardized category in Chinese food. It doesn’t rely on chefs, and the tastes are not much different. Most players are fighting for operational efficiency and marketing skills, but Du Zhongbing has to start with the most difficult part, emphasizing "productism" and trying to kill his way out from the taste.

　　This is a typical case of dislocation warfare. After listing in 2018, Haidilao’s current market value exceeds HK$ 180 billion, which is a peak of the Chinese food chain industry. Banu climbed from another road and thought that he also had a chance to reach the top.

　　one

　　Back to square one

　　No matter how long the road is, there is always an origin.

　　Even employees who have worked in Haidilao for a day know the quotation of Zhang Yong, the founder of this sentence, "Guests are caught by a table".

　　Although all the guests at each table come for hot pot, some are lovers, some are family gatherings, and some are business banquets. Different guests have different needs, and the methods of touching guests are not exactly the same. From buying vegetables, washing vegetables, ordering food, passing vegetables and frying the bottom materials to rinsing vegetables for guests, cleaning and collecting money to settle accounts, Zhang Yong, who has done every job in a hot pot restaurant, knows that guests have a variety of requirements, and standardized service can at most make guests not find anything wrong, but it will not exceed customers’ expectations.

　　At the beginning of his hot pot restaurant, some local cadres who were familiar with him came back from the countryside and went to the store to eat hot pot. Zhang Yong found that his shoes were dirty, so he arranged for a man to wipe them for him. This little move moved the guests, and from then on, Haidilao had the service of shoeshine for the guests free of charge.

　　An elder sister who lives upstairs in Haidilao praised Haidilao as a kind of hot sauce when eating hot pot. The next day, Zhang Yong sent a bottle of hot sauce to her home and told her to eat Haidilao at any time.

　　This is the beginning of a series of "abnormal" services in Haidilao.

　　How did Barnu’s productism begin?

　　When he was in junior high school, Du Zhongbing got good grades in sports. He thought he could take the special places and attend the best middle school in the county, but he didn’t expect to be topped. In a rage, he "ran away from home" and went to nearby Anyang, Henan.

　　Many people in Anyang are engaged in pig iron and coke business. By 1995, he had earned his first million dollars in three years.

　　It is said that Du’s father was very strict with him. He was brought up to be "able to work and endure hardships", and he especially hated playing tricks. Father has a special affection for the land. Du Zhongbing and his father are angry and would rather be beaten and determined not to go to the ground. His reason is that the coke of a wagon is more than the harvest of wheat planted in a year, so even when the farm is busy, he would rather sleep at home than go to the ground, and dad is very unhappy.

　　Many years later, Du Zhongbing discovered that being unskillful and able to bear hardships was a business treasure left by his father, and he connected with the land in another form.

　　After 1998, Du wanted to change his business. It was best to face users directly, pay in one hand, deliver in the other hand, have good cash flow, and don’t have to ask for help. Later, he learned that this is called "C-end" business, while he used to do "B-end" business himself. He thought about selling clothes, selling electrical appliances and going to trade fairs all over the country.

　　Finally, he chose to make hot pot, because he loves to eat hot pot too much. When doing business in Changzhou, he goes to eat it several times a week and takes his wife, children, relatives and friends with him.

　　When he first entered the business, he still had a little mentality of playing with tickets and went to Chongqing to inspect several times. As a result, when I opened it, I found that it was not as simple as I thought. Opening a restaurant was much more complicated than selling coke.

　　2

　　Break the "rules"

　　Catering is diligent, from the upstream to the terminal, involving a very wide range and a very long chain, involving agriculture, industry and service industries, involving production, channels and brands. From different angles, it is a different company. It can be said that it is a human resources company, a labor service company, a production company, a brand communication marketing company and an engineering decoration company.

　　With so many details, if you don’t participate, you can’t get anything right. You don’t know where to buy a pair of chopsticks. It’s really impossible for the boss not to worry about it all the time.

　　Because he has true love for hot pot, from the first day, he started from the product and competed with the hidden rules in the hot pot industry: one is old oil, and the other is caustic soda.

　　Old oil is the oil that is used repeatedly, especially the spicy pot. One saying is that old oil tastes better. He firmly opposes that other people’s pots are free of charge, or at most 10 yuan. He accepted 18 yuan in 2001, preferring to sell them more expensively and pour them one pot at a time.

　　At that time, the most commonly used ingredients in hot pot were made with caustic soda, such as hairy belly, duck intestines, yellow throat and squid. In summer, formalin was poured to prevent the ingredients from rotting, and he realized that he had eaten these every day.

　　Behind this is the cost. After the hairy belly is made with caustic soda, one catty can become four catties, and the taste is still very crisp, but caustic soda is very harmful to people’s stomach.

　　It is not easy to buy fresh hot pot ingredients in the market, so Du went to the slaughterhouse and begged others to sell them to him. At that time, the meat joint factory had just been restructured by the state, and it was still high above the water. It was worthless to go into the water, and the hot pot restaurant didn’t consume much. People didn’t want to do his business at all, so he waited at the door, blocking the director’s story and saying that he was determined not to use caustic soda. Every day, the other party wraps the hairy belly in a plastic bag and puts it on the doorpost, so that he can take it away without money, forcing him to keep some money every time.

　　Anyang just opened a Quanjude. In order to supply it, a duck factory was opened nearby, and he ran to collect fresh duck intestines.

　　If we only solve the raw materials in this way, we can’t do business. He bought papain tenderizing technology from a professor at Southwest Agricultural University to replace caustic soda. The hairy belly made by this technology can only be 22 taels a catty, and others sell it for 12 yuan for a plate of 8 taels, and he sells it for 18 yuan for a plate of 4 taels. Can users pay the bill?

　　Fortunately, the first decade of the 21st century is the second consumption upgrade after China’s reform and opening up, with the fastest growth in catering, education, entertainment, culture and tourism. Although the price of Banu hot pot is expensive, it quickly won the recognition of customers because of the real material, and the diners were full.

　　In 2005, Henan exposed the use of saliva oil by spicy shrimp, which not only closed the doors of spicy shrimp and spicy crab, but also affected the hot pot industry in Henan. At this time, Du Zhongbing noticed that there was a hot pot restaurant in Zhengzhou, which was not affected at all, and still needed to queue up. This is Haidilao, which was not sealed at that time. Du Zhongbing sat in Haidilao store for four hours, pondering its service.

　　In 2009, after studying in Haidilao for four years, Banu entered Zhengzhou, just across the street from Haidilao.

　　three

　　Looking for "narrow door"

　　The so-called "Haidilao you can’t learn" is the service system of Haidilao, which is really not easy to learn.

　　Haidilao was founded in 1994. In the eyes of founder Zhang Yong, hot pot is neither a resource monopoly industry nor a high-tech industry. As long as it is Chinese, he will rinse it at home, so he told a story related to "people".

　　Some people say that if the "abnormal" service of Haidilao is moved to Japan or South Korea, its advantages will be gone. However, Japanese-style or Korean-style services have been imported for a long time. Before Haidilao, China catering enterprises learned the form of "metamorphosis" at most, but did not learn the essence behind it. Because standardized processes are transplanted to China, customer satisfaction is often based on employee dissatisfaction.

　　The logic of Haidilao is that only when employees are treated as people can employees treat users as people.

　　Zhang Yong was invited to speak at a management innovation forum. Zhang Yong said, "Our management is very simple, because the employees are simple, uneducated, young and poor migrant workers. As long as we treat them as human beings. "

　　When Banu entered Zhengzhou, it was the same as all hot pot restaurants in Zhengzhou. At first, he studied Haidilao at the pixel level. Haidilao sent glasses cloth, monkey rubber bands and popsicles, and Banu also sent them. When Haidilao was in the same position, there were melon seeds and tea, and Banu also had it. Haidilao danced noodles. Banu’s employees didn’t sleep in the middle of the night and twisted toilet paper into rolls and practiced. But until 2012, Haidilao still left all its competitors, including Banu, far behind.

　　Fighting in the field of "service" is equivalent to entering the home of Haidilao, and followers will not have the opportunity to suppress it.

　　After investigation, Du Zhongbing realized that he stared at his opponent too much, but forgot his original advantage, namely the product itself.

　　In the winter of 2012, Banu put a bright yellow slogan on the dark red door: "Service is not Banu’s characteristic, hairy belly and mushroom soup are". At first glance, it can be seen that this is playing against Haidilao.

　　It’s easy to make a slogan with positioning difference from Haidilao, but how to make the slogan competitive is separated by Qian Shan. Service is explicit and easy to perceive, while "pure green" is implicit and has an explanation cost. If Du Zhongbing wants to become a leading player in the hot pot industry, it is not enough to rely on "no caustic soda and no old oil". He intends to embark on the road that few people took before the hot pot industry and independently develop products.

　　four

　　Productism

　　Du Zhongbing is a product madman. It is said that he is the only product manager of the company, and the pressure of the company’s R&D department is greater than that of the store. Everyone has been beaten by him. If you hear his "roar" in the corridor, it must be because of the product. He is full of energy, often has meetings until three o’clock in the middle of the night, and almost all his energy is spent on competing with products. Every new dish has experienced several times.

　　He also pays great attention to details. At the beginning of his business, it was said that he checked whether the air conditioner was clean and touched it with white gloves-not just the outer shell, but the cover of the machine.

　　The beef omasum is the signature of Banu. New Zealand beef omasum has already entered China, but it is usually dehydrated and salted. Banu uses New Zealand chilled beef omasum, which should be crisp and tender. They cooperated with Southwest University, and the research and development took 18 months.

　　In the central kitchen of Banu, you can see a brand-new 31-meter automatic bulging production line for hairy belly. At present, it has been iterated to all adopt steam, which makes the heating more balanced. A hairy belly can only be served after twelve processes.

　　At present, the whole industry almost no longer cooks soup on the spot. Du’s principle is not to standardize for the sake of standardization. He insists on using five kinds of Yunnan wild mushrooms, which are cooked in the shop every day. If they are not cooked, there will be no umami flavor. After boiling it out, if it can’t be sold within four hours, it will be dumped.

　　Banu is no longer obsessed with how to dance noodles. Its starting point is "good noodles don’t need to dance", and it can’t dance, except flour and a little salt, and nothing is added. Although Henan is a big pasta province, it is difficult for the R&D manager to make noodles that are not broken and do not put additives. After Du Zhongbing reprimanded many times, it was finally developed successfully after nine months and dozens of improvements. Du also insisted on making a dough that can be eaten by rinsing, and finally used 100 kilograms of gluten protein that can only be extracted from 8 kilograms.

　　For this reason, Barnu should be deeply involved in the industrial chain, not just playing the role of procurement. Sichuan flour looks like staple goods, but Banu’s Sichuan flour is not narrow and dry, but broad and fat. It was purchased from a small factory with traditional technology in Sichuan. Because of insufficient production capacity, Banu spared no expense to invest millions to help the other party expand production, and paid the annual purchase price in advance every year, so that the manufacturer could concentrate on production. In order to serve fresh potato powder directly, Barnu and the manufacturer developed it together for 7 months.

　　Banu’s mutton doesn’t need dipping. It’s mutton directly picked by Du from Inner Mongolia grassland. Even if it is rinsed in white water, it doesn’t smell like salt, and it can taste fresh and tender. The process of purchasing mutton is very tortuous. This action lasted for 18 years. He went to Inner Mongolia many times. But in the last five years, he found that Inner Mongolia was flooded with "feed sheep" and had to go deep into more primitive pastoral areas every year. So he repeatedly communicated with the local government and suggested to protect the natural sheep in Inner Mongolia grassland.

　　Haidilao and Banu fought head-on because of a bowl of duck blood. Barnu developed fresh duck blood in 971 days. In September 2017, Haidilao’s official WeChat tweet "Why Haidilao only sells blood?" ",comparing fresh duck blood with blood flourishing, saying that fresh duck blood" is delicious, but the quality is difficult to control, and it is easy for bacteria to exceed the standard. "Barnu quickly published a tit-for-tat article:" Why can Barnu sell fresh duck blood? ",said that the country took the lead in developing" fresh duck blood that meets the national quality inspection standards ",and it has an ID card.

　　This time, it’s not that Barnu touched porcelain, but Haidilao took the initiative to attack, which symbolizes Barnu’s offensive on products and has aroused Haidilao’s vigilance.

　　Haidilao doesn’t neglect products, and Barnu doesn’t neglect services, but each has established its own "conceptual power", that is, the ability to build brands. After a clear positioning, in order to cooperate with "productism", Du cut off franchise stores, cut dishes from more than 100 to less than 40, and concentrated resources on products.

　　On the hot pot track, no rival has ever posed a threat to Haidilao, but in Zhengzhou, Banu is a rare competitor that Haidilao has to face directly.

　　In the secret, you are constantly competing with each other. In three years, the number of stores on both sides has increased from less than 10 to more than 20. Interestingly, the two sides have also begun to compete fiercely in site selection. In Zhengzhou’s well-located business districts and shopping malls, both stores can be seen, and there are more than a dozen stores that are less than a few hundred meters apart.

　　In addition to site selection, efforts in customer base are also the focus of contention between the two sides. At first, the customer unit price of Banu was 30-40 yuan lower than that of Haidilao, but now the customer unit price of Haidilao is 20-30 yuan lower than that of Banu. Although the customer unit price is higher, Banu’s business is still booming, and it can quickly return even in the shadow of the epidemic, which shows the accumulation of its brand skills.

　　The price determines the customer base, and the customer base of Haidilao is more oriented to the public. Zhang Yong once said that Haidilao "wants to be cheap and good", so he specially launched discount activities for college students, which are very popular among young people, especially college students. Barnu, on the other hand, is positioned in the middle and high end, choosing the middle class with more consumption power and pursuing quality of life, and the two sides have formed differences in customer base, which can be said to have gone out of different ways.

　　five

　　Midcourt battle

　　Du has a very clear sense of boundaries and doesn’t even sell the bottom materials.

　　This is different from the strategy of Haidilao. In July 2016, Yihai International (01579, HK), a hot pot bottom material supplier of Haidilao, was officially listed. Shuhai, a supply chain service company, initially provided back-end supply chain services for Haidilao, such as food procurement and clean vegetable processing, and later gradually opened to other catering enterprises, as well as supply chain financial services, benchmarking Sysco, an American supply chain giant with annual sales of 40 billion US dollars.

　　At the same time, he expanded the category and accelerated the sinking. In 2020, he bought Youdingyou for 200 million yuan to enter the vegetable market, added a fast food brand "Shibama", and planned to buy two Michelin Chinese food brands "Hanshe Chinese Food" and "Hao Noodle" noodle restaurants, and eyeing the new retail of catering, launched semi-finished dishes on several e-commerce platforms and launched a series of semi-finished products.

　　Du Zhongbing shows his concentration and determination and sticks to the product itself. There is no right or wrong strategy, only suitability and effectiveness must pass the test of time. At present, Haidilao has reduced costs and expanded profit channels through the extension of the industrial chain, while Banu has "broken the sky" and returned to the source of user value.

　　Haidilao was founded in 1994 and has stood for nearly 30 years. The "abnormal service" that it used to be good at, with the expansion, it is difficult to avoid cultural dilution.

　　When I visited Zhang Yong in July 2015, I felt his pressure. At that time, both Haidilao and Zhang Yong were faced with a series of adjustments-organizational structure adjustment, distribution and income mechanism adjustment, senior management adjustment, and store opening strategy adjustment. With the aura of "family culture", these adjustments will be like being placed under an external microscope.

　　Zhang Yong’s problem is that Haidilao needs to take off the crown of "Hai Family" which has been formed unintentionally and has been over-deified, but it can’t make the company lose its unique flavor.

　　On the supply chain side, personalization and standardization are the two main threads of the catering industry in the past 30 years. No personality is not enough to be strong, and no standards are not enough to be big, but where is the balance point? Especially in the last decade, the balance has become more and more standardized, because of this, we can get a valuation in the capital market.

　　Du tried to jump out of the dispute between "standardization" and "personalization" and return to the essence of food. His ambition is to establish the third generation supply chain of catering industry and promote the reform of the whole chain. The starting point is "it can be chilled without freezing, it can be added naturally, and it can be the same day without overnight".

　　"Why add a’ can’? Because we can’t do it now, "he said in a speech.

　　As the ultimate pursuit of products, Barnu pays special attention to the construction of supply chain. After cutting off the franchise stores, its first big move is to build a central kitchen. All the dishes in the store must be purchased by the central kitchen and meet the quality requirements before they can be delivered to the store.

　　Its new central kitchen, which has just been put into operation, has an investment of 150 million yuan, which can meet the same-day supply of nearly 100 direct-operated stores within 300 kilometers after completion.

　　The third-generation supply chain that Du concentrated on building is different from other catering standardization models in the past. It pursues nature and freshness through customized production of central kitchens, and then preserves it by adding cold and fresh methods.

　　The shelf life is as short as possible, not through freezing technology and packaging, but through the change of planting methods, the choice of origin and the reform of supply chain, fresh and original products are put on the table. Of course, the price will be more expensive, and he firmly believes that more and more people will pay for good products.

　　At present, Banu has achieved a competitive position with the industry giants in Zhengzhou, Wuxi and other places, and has also gained a foothold in Beijing. The model has been verified by the market, and its operation ability is also very strong. The supply chain is solid and the soldiers are stronger than Ma Zhuang. What is needed next is to replicate this model through the rapid expansion of stores across the country.

　　The catering industry has entered the midfield battle, and its rise and decline may all occur intensively in the next three years.

　　The era of Chinese food has just arrived. There are only about 10 listed catering companies in mainland China, and there are about 50 listed catering companies in the US catering market, which is close to China. There is more than one way to excel. Can Barnu’s stupid method run longer?

　　This article is original for bento finance, please contact us at yaoyun@jjld.cn. Infringement will be investigated! This account is a "different attitude" signing account of Netease News, and it is strictly forbidden to reprint it without authorization.

This article first appeared on WeChat WeChat official account: Bento Finance. The content of the article belongs to the author’s personal opinion and does not represent Hexun.com’s position. Investors should operate accordingly, at their own risk.

Spring is the season with high incidence of skin allergy, which is particularly troublesome for MM with sensitive muscles. In addition to the need to make a big change in skin care products in winter, we have to gradually adapt to skin care products in summer. Is your skin sensitive to muscles? How to protect sensitive muscle MM more scientifically?

Self-detection of sensitive muscles

Allergic skin has specific allergens, including internal factors and external factors. The internal factors are eating irritating foods such as seafood, alcohol and some fruits, which leads to allergic phenomena such as itchy and red skin. External factors may be the smoke, ultraviolet rays, pollen and dust pets in the environment, or the essence and chemical preservatives in cosmetics may cause skin allergies. In addition, seasonal alternation, excessive stress or fatigue can also lead to skin allergies. Generally speaking, the following six symptoms can be seen in the self-detection of sensitive muscles:

Symptom 1: Skin desquamate.

The sudden appearance of rough parts or peeling of skin means that you have sensitive skin. Simply put, the skin is short of water. The maintenance method of this kind of skin should maintain the skin’s moisturizing degree, use mild fragrance and oil-free skin care products, and especially avoid alcohol or other ingredients that are too irritating.

Symptom 2: The skin is quite sensitive to cold and heat.

Whenever the season changes, the sensitive muscle girl will meet the discomfort of the skin again. Avoid washing your face with too hot or too cold water, and make sure that your skin has been coated with sunscreen products before going out, so as not to expose your skin directly to ultraviolet rays.

Symptom 3: Face is covered with pimples or acne.

The most unpleasant thing for girls with sensitive muscles is the pimples and acne that have sprung up on their faces. To solve this thorny problem, we must first ensure that there are two steps of thoroughly washing your face and removing makeup every day.

Symptom 4: Persistent redness of the face.

Whenever the season changes, it is easy to feel dry, itchy, stinging or red. Sometimes we can read some skin warnings from our faces, such as seeing the redness on our cheeks without makeup. At this time, cooling the skin can alleviate the redness caused by the continuous expansion of the vascular spoon, and choose a mask with moisturizing effect.

Symptom 5: allergic reaction to more irritating ingredients.

The chief culprit of skin dryness is usually not the ingredients of skin care products themselves, but the skin allergy caused by excessive application. In addition, it is necessary to avoid using skin care products with mixed ingredients, and in addition, it is necessary to check whether the skin care products are expired from time to time.

Symptom 6: easy to get sunburned by the sun

How to maintain sensitive muscles?

1, sensitive when it is forbidden to be too complicated maintenance.

When the skin is sensitive, it is absolutely NG to use complex skin care products, because this will only increase the burden on the skin. The most sensible thing to do is to soothe the skin, replenish sufficient water for the skin, inhibit inflammation and reduce skin irritation.

2. Choose a gentle cleanser

When choosing cleansing products, you should try to avoid choosing cleansing products containing fruit acid or soap base. After cleansing, the water content of sensitive muscles will become lower, so it is necessary to apply skin care products in time to avoid tightness, redness and itching of the skin.

3. Choose skin care products with simple ingredients

In basic skin care, it is mainly to repair and moisturize. When purchasing products, the simpler the ingredients, the better. It is suggested that skin care products without alcohol, fragrance and pigment can be selected, and products with soothing effect are better.

4, the makeup should be gentle

You can choose a light BB cream with moisturizing effect. First, squeeze out a proper amount on the back of your hand, gently dip it with a sponge for several times and press it evenly on your face. Don’t miss the edges and corners, and excessively rub and pull the skin.

5. Stop rejuvenating in different seasons

When changing seasons, the defense of sensitive skin will be reduced, so skin care procedures such as facial exfoliation and steaming need to be suspended, and it is best to replace skin care products that you are familiar with, and try to replace unused skin care products as little as possible, especially greasy skin care products containing essence, alcohol, salicylic acid, fruit acid and other ingredients.

6. It is safer to protect yourself from the sun.

Sensitive muscles need the protection of sunscreen, but not all sunscreens are suitable for sensitive skin. In choosing categories, we should try to avoid using spray or gel sunscreens. These two types of sunscreens tend to make the skin dry and itchy.

CCTV News:Xu Shengliang is a courier. He is very ordinary. Like thousands of couriers in Qian Qian, his daily job is to deliver the express mail in his area to the recipients. But he is a bit "special". He has a red vest that is different from most couriers. On the red vest, the words "My voice express (deaf-mute delivery)" are written. Xu Shengliang was born deaf, unable to hear or speak.

"Silent" but "lively"

Every morning at 6: 30, Xu Shengliang will arrive at the express delivery station in Hongkou District of Shanghai on time. Accompanied by the reversing sound of "beep", after the express truck entered the station, Xu Shengliang immediately stepped forward to open the door and skillfully unloaded, unpacked and sorted. Together with him, there are several couriers who also wear red vests. They communicate with each other in sign language, and they work just like ordinary employees, with the same agility and concentration.

After everyone sorted out more than 3,000 express mails sent to the outlets, Xu Shengliang set off with a car full of express delivery. This morning, he had to deliver more than 100 pieces of express delivery.

Xu Shengliang, 27, was the first employee to join "Wusheng Express". After graduating in 2016, majoring in animation design, he found himself incompetent as a designer. "Design requires a lot of language communication, which is an obstacle for me. For example, I may not even know what the meeting is. " After that, Xu Shengliang tried several other jobs, but none of them lasted more than two months. At the beginning, applying for a courier was just a try, but now he has been working for more than three months. Xu Shengliang feels that he has adapted to this job. "I have worked hard, I feel very happy, and I intend to work for a long time."

However, as a deaf-mute, Xu Shengliang also encountered many troubles when he first started this job. Because he couldn’t hear the door opening when delivering the goods, he often rang the doorbell repeatedly at the beginning; Or, ring the doorbell but can’t answer the customer’s inquiry. Xu Shengliang and other couriers of "Wusheng Express" are often complained by customers and fined, mostly because of the deviation in communication with customers.

The couriers also explored some ways of "communication" in their work. Xu Shengliang and other deaf-mute colleagues will carry a recording of the introduction with them to communicate with the recipients. They also have a working group. Before sending the mail, the recipient’s phone number will be sent to the group, and the special customer service will help them confirm whether the recipient is at home, and then give them feedback through the text in the group.

Slowly, Xu Shengliang became more and more familiar with the delivery route. Through a period of SMS contact and remembering the house number, he found out the habits of customers, which household has specific needs, for example, where to put the express mail when he is not at home, and so on. He can remember it. After receiving the complaint, I will also go to the door to help people find the express mail that I don’t know where it was put. When I find the misunderstanding, I will eliminate it. Xu Shengliang said: "With recognition, my confidence will grow stronger and stronger."

Touching residents with sweat

Ordinary couriers can deliver about 200 to 300 pieces a day, while Xu Shengliang, who just started working, can only deliver 30 to 50 pieces a day. But after "running in" with this job, Xu Shengliang has been able to deliver 150 to 300 pieces a day. The personnel manager of the express outlet said: "They moved the residents with their own sweat, which was all climbed out on the fifth and sixth floors."

Although their own situation is special, they have gained a lot of tolerance and recognition, but Xu Shengliang and other deaf-mute couriers are more willing to accept a fair assessment. In their view, it is truly respected to accept rewards and punishments like ordinary couriers. The increase in the number of daily express delivery has only reached the first small goal set by Xu Shengliang, and his next small goal is to hope that the company will demand itself with "standard" performance appraisal.

Such an ordinary and special courier job not only enabled Xu Shengliang to take good care of himself and his family, but also became a bridge unconsciously, bringing Xu Shengliang closer to the people around him.

From an early age, Xu Shengliang believed that healthy people would not accept people like him, and even felt that it was impossible for them to find a job.

However, after joining the team of "My Voice Express" and working and communicating with many deaf people, Xu Shengliang’s mood has been much more cheerful. Xu Shengliang’s enthusiasm for work has been recognized by the residents in the delivery area, and dealing with the residents again and again has also made Xu Shengliang know many friends. On a hot afternoon, an old customer who knows Xu Shengliang well will signal him to stop and bring him a bottle of water from home.

Today, Xu Shengliang has been promoted to team leader, and he is responsible for bringing new people at the same time. "Don’t ring the doorbell long, knocking at the door is important and appropriate … …” Xu Shengliang often admonishes newcomers. "Sending a courier is a job that will be rewarded as long as you are willing to endure hardships. I hope everyone can cherish the opportunity, because you will win if you dare to fight."

For the "involution" vicious competition, the central level began to "take action" to rectify.

The the Political Bureau of the Communist Party of China (CPC) Central Committee meeting held on July 30th proposed that "self-discipline in the industry should be strengthened to prevent’ involution’ vicious competition", which aroused widespread concern and reflection. This is not only a keen judgment on the problems existing in the current economic development and market operation, but also a clear guide to the future direction.

The word "involution" is familiar to everyone, from micro-feelings, too much work and raising a baby, to the smoke in some industries, the price and sales volume of coils, and the vicious competition of "involution" makes people anxious and painful.

In the past few years, the vicious involution of some industries has been full of "gunpowder smell". For example, in the new energy automobile industry, not only the price, weekly list and marketing, but also the "out-of-circle remarks" have repeatedly stood on the cusp of public opinion. This kind of roll does not bring technological innovation, product upgrading and service upgrading, but mutual harm of "killing one thousand enemies and losing eight hundred", and even some enterprises cut corners, make fakes and sell fakes for the sake of roll. What is worrying is that not only in the new energy automobile industry, but also in many industries such as photovoltaics and e-commerce.

The vicious competition of "involution" is, in the final analysis, a low-quality paper and a stumbling block to development. In order to compete for resources among peers, all parties have to redouble their efforts and compete excessively in unimportant aspects, links and details. This kind of volume seems to be very hard, but it may eventually lead to increased overall pressure and reduced efficiency. This kind of volume, in essence, is not the right way, but the wrong way; In the long run, it is not a way out, but a dead end.

The breeding ground for the "involution" vicious competition lies in the serious homogenization of products, low added value, limited cakes, and the innovation required for high-dimensional competition takes time. Many enterprises can’t sit still and can’t stand their temper, so they play the price card. Of course, we can’t ignore the enterprise volume, and some local governments are also involved. For the sake of GDP, some local governments attract investment by vicious competition, such as illegal tax cuts, financial awards and subsidies, and lowering land prices. To a certain extent, they have supported industry expansion and competitive price reduction in disguise, and promoted "adding volumes".

To prevent "involution" vicious competition is not to avoid market competition. What we advocate is a volume that dares to innovate, compete for technology and improve quality; What we oppose is the kind of volume that destroys the market order and hurts the development of the industry. An enterprise’s steady progress, innovation and pursuit of quality are not vicious, but a kind of self-renewal and self-iteration, which is the power engine needed for the benign development of the market.

To prevent "involution" vicious competition, besides strengthening industry self-discipline, it is necessary to support scientific and technological innovation and build a fair market environment. On the one hand, we will promote industrial upgrading, expand emerging industries and future industries, constantly make bigger and stronger cakes, cultivate a large number of gazelle enterprises and unicorn enterprises, and fundamentally solve the problem of involution. On the other hand, avoiding vicious involution of enterprises and industries is inseparable from a fair competitive market environment. The Regulations on the Review of Fair Competition, which came into effect on August 1st this year, has made clear provisions on ensuring all kinds of business entities to use production factors equally according to law and participate in market competition fairly. All parties work together to build a good market ecology, so that all walks of life can thrive in healthy and fertile soil.

On September 28th, Zero Run Car held the theme conference of "Night of Zero Run C11" in Hangzhou, announcing the official listing of Zero Run C11, with the price range of 159,800-199,800 yuan. Compared with the pre-sale, the new system comes standard with double-layer silent glass in the front row, screen projection of the co-driver’s mobile phone, brown interior selection, etc. The optional package adds steering wheel heating, front seat ventilation, rear privacy glass and other configurations. Positioning the zero-run C11 of the leapfrog fully equipped pure electric SUV, which integrates zero-run full-stack self-developed technology, integrates leapfrog specifications, performance, intelligence, luxury and convenience, and brings users a more pleasant driving experience.

Zhu Jiangming, founder, chairman and CEO of Zero Run Technology, said: "In the past, high configuration often meant high price, but C11 completely broke this value rule. As you can see now, all these luxury cars comparable to 500,000 yuan can be enjoyed for less than 200,000 yuan. These luxurious configurations on C11 can better express the sincerity of zero-running cars than any rhetoric. "

The price of mainstream compact SUVs and the specifications of luxury medium-sized SUVs.

The Zero Run C11 has a super-long wheelbase of 2930mm, and has a wider, more comfortable and calm seating space.

At the same time, C11 is equipped with a luxury car-class front double wishbone and rear five-link independent suspension, which is rare within 200,000 years, and adopts the lightweight design of aluminum alloy swing arm and connecting rod to reduce unsprung weight, greatly improve the handling performance of the whole vehicle, reduce collision damage, and give full consideration to comfort and handling performance. Moreover, unlike mainstream pure electric SUVs, which mostly adopt the front drive mode, the C11 two-drive version matches the most commonly used rear drive mode of luxury brands.

New performance standards for smart electric vehicles within 200,000 yuan.

The C11 performance version of Zero Run is equipped with front and rear dual oil-cooled electric drives independently developed by Zero Run. The maximum output power of the dual motors reaches 400kW and the maximum torque is 720N·m, with a four-second zero-acceleration capability.

In terms of endurance performance that users are most concerned about, the C11 is equipped with a high-capacity battery of up to 90 degrees, which can achieve a maximum NEDC cruising range of 610 kilometers, and it can last 100 kilometers after charging for 10 minutes, and it only takes 36 minutes to charge 30%-80% directly.

At the level of battery safety management, Zero Run pioneered the big data AI intelligent battery management system. Through the real-time online detection of BMS at the vehicle end and the AI learning of big data in the cloud, the future state of the battery can be predicted and the service life of the battery can be extended. At the same time, the C11 battery pack has undergone very strict safety verification, and eight tests exceeding the regulatory standards have been added. The airtightness of the battery pack has reached IP68 level, and it can be soaked in water with a depth of 1 meter for 24 hours without short circuit and failure.

In terms of car body safety, the proportion of high-strength steel used in C11 vehicle is as high as 76.2%, which has built a high-grade protection space with sufficient materials for passengers and batteries. However, the proportion of ultra-high strength steel reached 17.4%, which was mainly used for key components such as door frame and cross beam support, bringing stronger side impact protection ability.

Full-stack self-research realizes unlimited leapfrog experience

The Leap Pilot 3.0 intelligent driving assistance system equipped with the Zero Run C11 includes core technologies such as chip, algorithm, perception and data. Almost all the core chips of C11 ADAS system are made in China, among which Lingxin 01 chip is the first AI intelligent driving chip with completely independent intellectual property rights in China. In addition, the zero-run algorithm team won the first place in the 2D measured challenge of Waymo autopilot algorithm in June this year.

Leap Pilot 3.0 intelligent driver assistance system uses two Lingxin 01 chips, and its computing power reaches 8.4T, which is 3-4 times that of the existing Mobile Eye EQ 4 scheme. At the same time, it includes 28 sensors including 11 cameras, 5 millimeter-wave radars and 12 ultrasonic radars, and 128G of high-precision map storage space is reserved to prepare for future upgrades.

In the delivery stage, the zero run C11 will be launched with 10 functions including ACC adaptive cruise, AEB automatic emergency braking system and FCW front collision warning, and 12 functions including LCC lane centering assistance and hand off the steering wheel warning will be upgraded through OTA.

The more you use it, the smarter you get. The Leap AI intelligent cockpit system of the zero-run C11 is equipped with the industry-class Qualcomm Snapdragon 8155 digital cockpit platform, with 12G of running memory and 128G of storage space, and its performance is nearly three times higher than that of the current advanced models.

C11 can accurately identify the face matching ID in seconds, and realize the automatic adaptation of 15 functions such as air conditioner, rearview mirror, ambient light, music, seat and driving mode, and the number of controllable functions is far ahead.

At the same time, C11 is equipped with an immersive triple screen audio-visual entertainment system. After the three-screen cinema mode is started, the whole car members can watch a movie at the same time. The central control screen and the co-pilot screen can also watch different contents in different screens, and the co-pilot can realize independent interaction through the onboard Bluetooth headset. Based on the function of flying screen mutual transmission, users can also share videos with each other.

In addition, C11 can interact with people-car, people-mobile phone-car and people-car-home at will. By calling the virtual image "Little Zero" by voice, it is possible to realize continuous dialogue and control the vehicle in different areas. It can also remotely control more than ten functions such as automatic parking and parking of parking spaces, adjustment of passenger seats, and reservation charging. C11 will also support interconnection and mutual control with smart homes.

Luxury is more popular, enjoy more top.

The retail C11 will be equipped with many luxury configurations that are only available in high-end models of 300,000-500,000 yuan, which are standard in all departments and benefit more users.

As the only pure electric SUV in its class with borderless doors, the Zero Run C11 is also equipped with double-layer silent glass in the front row and privacy glass in the rear row to ensure the quietness and privacy in the car. The front integrated seat has the functions of 10-way electric adjustment, ventilation and heating, and the seat frame adopts leapfrog high-strength steel and laser welding technology. At the same time, NAPPA leather is widely used in the car, and the retail C11 has become the pure electric SUV with the most high-end materials within 200,000 yuan.

In addition, in addition to the customized 12-speaker DSP digital power amplifier system, the HIFI-class surround sound system equipped by C11 adds more than 10 million yuan to upgrade the tuning algorithm for the pursuit of more extreme sound effects, which is professionally tuned by the French team to build a more realistic presence and real natural sound effect.

Thoughtful and humanized design, thinking of your unexpected

The retail C11 has designed a large number of humanized storage spaces. Such as tissue boxes, Bluetooth headsets, umbrellas, mobile phones, etc., all have special storage spaces for placement, and there are 19 convenient storage spaces in the whole car, which is as considerate and convenient as going home.

As many as eight charging units with different specifications have been designed for the whole C11 car, including a mobile phone wireless charger, with a 12V power supply in front and two USB interfaces in the back, which fully meets the charging needs of all employees on the road. Moreover, C11 is equipped with the outward output function of 220V AC power supply, with the output power as high as 3.3kW, and supports external electric ovens, electric hot pots, projectors, stereos, computers, etc., which is convenient for users to expand various outdoor life scenes.

"Buy and enjoy" triple luxury, wider service and higher quality.

The products are fully equipped, and the benefits are thoughtful and inclusive. Lowering the threshold for car purchase, retail C11 has a variety of flexible financial schemes to choose from. For customers who book before October 31, 2021, the minimum down payment is only 15%, and the daily payment is as low as 87 yuan. Car buyers will receive free benefits such as charging piles, lifetime warranty of the whole vehicle, free first warranty, four free car pick-up and delivery services in the first year, and promised battery decay, and enjoy practical gifts such as one-year entertainment traffic, lifetime basic free streaming, and customized Bluetooth wireless headphones.

At the same time, the retail car store has been upgraded, and the first image store has landed in Wuxi. It is planned that by the end of 2021, more than 200 image experience stores will land in major comprehensive supermarkets across the country. Zero-run cars also join hands with partners to effectively locate vehicle problems through 24-hour cloud platform fault alarm reminder, remote diagnosis and analysis, and provide users with high-quality services beyond expectations through fragmented service system, such as 30-minute quick maintenance.

On April 11th, at this afternoon’s Huawei Eco-Spring Communication Meeting, Yu Chengdong released a brand-new MateBook X Pro notebook with three color schemes.

The 14.2-inch design is lighter than the 13.6-inch Apple MacBook Air. It adopts an aviation-grade magnesium alloy body, a new Huawei Skyhawk architecture, the first diamond aluminum material, and a three-stage motherboard.

In terms of performance, compared with the Apple MacBook Pro 14, it is lighter in weight and has higher performance release. Yu Chengdong emphasized that MateBook X Pro is the only notebook equipped with Core Ultra 9 processor within 1kg.

In terms of network speed, Huawei’s new MateBook X Pro is equipped with the first 3D metamaterial antenna, which is also 40%-50% higher than Apple’s MacBook Pro 14.

The machine also has a brand-new intelligent sound screen technology, which improves the word accuracy by 200%, noise suppression by 230%, and retains the voice of the speaker in front of the computer; Equipped with 6 speakers.

Screen, the machine is equipped with, support 10-point touch, 1 million: 1 contrast, reduce 70% reflection, 93% screen ratio, 1000 nits peak brightness.

Huawei’s new MateBook X Pro brings AI summary function in multiple scenes, which can quickly refine text content.

Huawei also cooperates with WPAI, ERNIE Bot and iFLYTEK Spark to create a comprehensive AI experience.

The machine is also equipped with a brand-new pressure touchpad, and the price starts at 11199 yuan.

On November 6, Foreign Ministry Spokesperson Wang Wenbin held a regular press conference.

A reporter asked, in the past weekend, the Israeli army attacked the ambulance fleet, refugee camps, schools and other civilian facilities near a hospital in Gaza. The attack caused heavy casualties, including children, and clearly violated the relevant conventions on the protection of civilians in wartime. China holds the rotating presidency of the UN Security Council this month. What’s your position on the violations of international law and international humanitarian law in Gaza? How will these actions that may constitute war crimes be stopped?

Wang Wenbin said that this round of Palestinian-Israeli conflict has caused more than 11,000 deaths, most of them civilians. Especially for some time, the number of Palestinian civilian casualties has risen sharply, and a disastrous humanitarian situation has emerged in the Gaza. This is a torture of human conscience and a violation of the basic norms of international relations. The international community should not allow such a tragedy to continue. He emphasized that China condemns and opposes acts that harm civilians, damage civilian facilities and violate international humanitarian law, and urges all parties concerned to maintain maximum calm and restraint, immediately cease fire and stop fighting, and spare no effort to ensure the safety of civilians and hospitals and other civilian facilities specially protected by the Geneva Conventions, open up humanitarian relief channels and avoid greater humanitarian disasters.

Wang Wenbin pointed out that the recent emergency special session of the General Assembly adopted a resolution by an overwhelming majority, calling for an immediate humanitarian truce, demanding that all parties immediately and fully fulfill their obligations under international law, respect and protect all civilians and civilian objects, as well as humanitarian personnel and facilities in accordance with international humanitarian law, and reaffirming the "two-state plan", which reflected the strong voice of the international community and the opposition of the people.

Wang Wenbin said that as the rotating presidency of the Security Council, China will do its utmost to restore Palestinian peace, push the Security Council to fulfill its responsibilities, play its role, build consensus, and take responsible and meaningful actions as soon as possible to ease the current crisis and safeguard the safety of civilians. We are also willing to continue to work with the international community to make unremitting efforts to mediate conflicts, ease tensions and push the Palestinian issue back to the track of the "two-state plan."

(Headquarters CCTV reporter Shen Yang)

　　The extraordinary year 2020 is destined to leave a deep mark on the history books.

　　This year, severe challenges came out of the blue. The once-in-a-century COVID-19 epidemic broke out suddenly, and the world economy fell into the worst recession since the end of the Second World War. Some countries suppressed and escalated in an all-round way, and the external environment brought great challenges. China’s economy has encountered a triple severe shock which is rare in the century.

　　This year, brilliant achievements attracted worldwide attention. The CPC Central Committee with the Supreme Leader as the core maintained its strategic strength, accurately judged the situation, carefully planned and deployed, took decisive action, United and led the whole party and the people of all ethnic groups throughout the country to make arduous efforts, and handed over an answer sheet that was satisfactory to the people, attracted worldwide attention and could go down in history.

　　"Things are sweet and bitter, and those who taste them know; There are dangers in the Tao, and those who walk know it. " What is more commendable is that in the practice of coordinating the two overall situations at home and abroad, coordinating the prevention and control of epidemic situation and economic and social development, we have deepened our regular understanding of doing a good job in economic work under severe challenges: the authority of the Party Central Committee is the fundamental reliance of the whole party and people of all nationalities in times of crisis, the supremacy of the people is the fundamental prerequisite for making a correct choice, the institutional advantage is the fundamental guarantee for forming a powerful force to overcome difficulties together, scientific decision-making and creative response are the fundamental methods for turning crises into opportunities, and self-reliance and self-reliance in science and technology are the fundamental support for promoting the overall development.

　　These "Five Fundamentals" fully demonstrate the superb wisdom of the CPC Central Committee with the Supreme Leader as the core to lead China’s economic giant to break the waves, fully demonstrate the skillful ability of the CPC Central Committee to calmly cope with the risks and challenges on the road ahead, and are important epistemology and methodology for us to do all the work well.

　　The authority of the CPC Central Committee is the fundamental reliance of the whole party and the people of all ethnic groups in times of crisis.

　　At 0: 00 on April 8, 2020, on the bank of the Yangtze River, the bell of Jianghan Pass in Wuhan rang, majestic and long. After 76 days of closing the passage from Han, Wuhan lifted the control measures, and the heroic city that once pressed the "pause button" ushered in a brand-new day.

　　It seems to be the most extraordinary, but it is easy but hard to achieve.

　　Looking back at the beginning of 2020, the epidemic situation was fierce, and the situation of epidemic prevention and control in Wuhan was grim: the number of infected people increased sharply, medical resources ran out and protective materials were in short supply.

　　No one expected that the COVID-19 epidemic, a major public health emergency with the fastest spread, the widest infection range and the most difficult prevention and control since the founding of New China, suddenly struck.

　　How to curb the epidemic? How to develop economy? Can people’s livelihood be guaranteed?

　　Rock-solid in the stormy waves, strategizing before the big war! General Secretary of the Supreme Leader personally commanded and deployed, the CPC Central Committee made overall plans and made decisive decisions, and the whole party, the whole army and the people of all ethnic groups throughout the country made concerted efforts to launch a vigorous people’s war, an overall war and a blocking war — —

　　On January 7, 2020, when the General Secretary of the Supreme Leader presided over the Standing Committee of the Political Bureau of the Communist Party of China Central Committee Conference, he put forward requirements for doing a good job in epidemic prevention and control; On January 20th, the General Secretary made important instructions on epidemic prevention and control, requiring Party committees, governments and relevant departments at all levels to put people’s life safety and health first and take practical and effective measures to resolutely curb the spread of the epidemic. On January 22, the General Secretary decisively asked Hubei Province to implement comprehensive and strict control over the outflow of personnel. The next day, Wuhan announced the temporary closure of the passage from Han.

　　It is unprecedented in human history to "close the city" to a megacity with a population of 10 million! "It takes great political courage to make this decision, but it must be done when it is time to do it, otherwise it will be interrupted and chaotic." General Secretary of the Supreme Leader stressed.

　　Afterwards, a research report published in Science magazine suggested that if the China government had not adopted the Wuhan travel ban and the national emergency response, there would have been more than 700,000 confirmed cases outside Wuhan by February 19, 2020. Yuri Kulintsev, an expert of the Russian Council for International Affairs, commented that it was China’s courageous decision that "won time for the country and the international community and avoided the uncontrolled spread of the virus in the first few months".

　　On January 25th, 2020, on the first day of the first lunar month, the General Secretary of the Supreme Leader presided over the Standing Committee of the Political Bureau of the Communist Party of China Central Committee meeting, which re-studied, re-deployed and re-mobilized the epidemic prevention and control work, made clear the general requirements of "firm confidence, helping each other in the same boat, scientific prevention and control, and precise policy making", decided to set up a central leading group to deal with the epidemic, sent a central guiding group, and asked the joint prevention and control mechanism of the State Council to give full play to its coordinating role.

　　Epidemic is the command, and prevention and control is the responsibility.

　　Give the order, the three armed forces are brave! More than 4.6 million grass-roots party organizations acted quickly, and more than 90 million party member rushed ahead, making party flag fly high in the front line of the epidemic prevention and control struggle.

　　The shortest time, the fastest speed, the formation of a unified command, comprehensive deployment, three-dimensional prevention and control of the strategic layout, effectively curbed the spread of the epidemic, effectively changed the dangerous process of virus transmission.

　　In order to reduce the flow of people and block the spread of the virus, China has extended the Spring Festival holiday. However, every day after the holiday, the GDP will lose 150 billion yuan. The epidemic should be controlled to death and the economy should be revitalized. At both ends of the scale, the weight is like a mountain. How to coordinate the prevention and control of epidemic situation and economic and social development has become a new challenge.

　　"Areas where the epidemic situation is particularly serious should concentrate on the prevention and control of the epidemic situation, and other areas should do a good job in reform, development and stability while doing a good job in prevention and control";

　　"It is necessary to establish an economic and social operation order that is compatible with the prevention and control of the epidemic, promote the resumption of work and production in an orderly manner, and make the flow of people, logistics and capital turn in an orderly manner to smooth the economic and social cycle";

　　"We must persist in accelerating the comprehensive recovery of production and living order in the prevention and control of normalized epidemic situation, solve the difficulties and problems faced by the resumption of work and production, strive to minimize the losses caused by the epidemic situation, and ensure the realization of the goal and task of building a well-off society in an all-round way and fighting poverty in a decisive battle" … …

　　Grasp prevention and control on one hand and development on the other! The General Secretary of the Supreme Leader took the overall situation into consideration and made scientific decisions, leading the great ship "China" to break the waves.

　　It took more than one month to initially curb the spread of the epidemic, about two months to control the daily new cases in the local area within single digits, and about three months to achieve decisive results in the defense of Wuhan and Hubei, and then successively fought several wars of mass epidemic annihilation in local areas, winning a major strategic achievement in the national anti-epidemic struggle … … Under the strong leadership of the CPC Central Committee with the Supreme Leader as the core, we have created another heroic feat in the history of human struggle against diseases.

　　In April 2020, the growth rate of added value of industrial enterprises above designated size turned positive; In May, the growth rate of service industry turned positive, and in June, the growth rate of foreign trade import and export turned positive … … Under the strong leadership of the CPC Central Committee with the Supreme Leader as the core, China will take the lead in controlling the epidemic, resuming work and production, and turning economic growth from negative to positive, becoming the only major economy in the world to achieve positive economic growth in 2020.

　　Hit the storm, the mainstay. Practice has once again proved that the authority of the CPC Central Committee is the fundamental reliance of the whole party and the people of all ethnic groups in times of crisis. Leadership is the most critical condition at a major historical juncture and before a major test, and the judgment, decision-making power and action of the CPC Central Committee play a decisive role. As long as we unswervingly uphold the party’s leadership, unswervingly safeguard the authority of the CPC Central Committee, and closely unite all the people around the party, we will certainly be able to overcome all difficulties and obstacles, ride the wind and waves, and forge ahead bravely.

　　The supremacy of the people is the fundamental prerequisite for making a correct choice.

　　"This is our country. First of all, grasping human life is the first precious thing!" Looking back on the course of anti-epidemic, Zhong Nanshan, winner of "Republic Medal", touched countless audiences with his sincere words in "The First Lesson of School Opening".

　　In response to a major crisis that is rare in history, the position determines the direction and the priority of action. The sudden epidemic has made it difficult for policy makers all over the world to choose: to protect their lives first or to take care of their livelihood first? Protect the people’s interests first, or other interests first?

　　"People’s lives are more important than Mount Tai! As long as it is responsible for people’s lives, then whatever the cost and consequences, we must bear it "… … At a critical juncture, the words of the Supreme Leader General Secretary were categorical and hit the floor, showing the Communist Party of China (CPC) people’s clear attitude towards the people.

　　People first, life first! In order to protect every life with all our strength, we go all out regardless of cost.

　　In late January, 2020, the analysis and evaluation of critically ill cases found that ECMO (artificial membrane Lung) could win valuable time for the rescue of critically ill patients.

　　"At all costs, let patients use the best equipment." The request of the Supreme Leader General Secretary turned into a sleepless action, and about a quarter of the country’s "life-saving artifacts" ECMO quickly concentrated in Hubei. Some doctors have come up with such a bill: ECMO starts at 50,000 yuan, and it costs 20,000 yuan a day, and the medical expenses are all borne by the government.

　　The per capita medical expenses of diagnosed patients in China are about 23,000 yuan, the per capita medical expenses of critically ill patients exceed 150,000 yuan, and the medical expenses of some critically ill patients reach hundreds of thousands or even millions of yuan, all of which are borne by the state. When the epidemic situation is still unclear and the scale of treatment expenses is unpredictable, the relevant departments make it clear that after the medical expenses incurred by patients are paid in accordance with the regulations, the personal burden will be subsidized by the finance to ensure that they will not be affected by the expenses … … All these vividly show that in the value sequence of the party and the government, people’s lives are always priceless and supreme.

　　"It worked!" At 20: 15 on March 21st, 2020, the ICU ward in pulmonary hospital was filled with cheers. Previously, a 70-year-old critically ill patient was in shock, and the hope of successful rescue was only 5%. It is for this 5% hope that 12 experts from six provinces joined hands to adopt various treatment schemes, which simply pulled the patients back from the hands of death.

　　"Don’t give up one!" From a baby born 30 hours to a 108-year-old man, every life is fully protected. In Hubei, the main battlefield of the "epidemic", more than 3,000 COVID-19 patients over 80 years old and over 100 years old were successfully cured.

　　People first, life first! In the face of the historical test, we have embarked on an optimal path of first controlling the epidemic, then returning to work partially, and then returning to work comprehensively.

　　Horizontal to the edge and vertical to the end, more than 4 million community workers across the country are on duty in 650,000 urban and rural communities day and night, weaving a large network of joint prevention and control. By taking strong prevention and control measures, China has better controlled the epidemic, reduced millions of infections and saved a large number of compatriots’ lives. "The fundamental attribute of socialism in China is that in a crisis or emergency, people’s well-being takes precedence over profits." A foreign political scientist commented like this.

　　The epidemic prevention is not relaxed, and the return to work is spring. Under the premise of ensuring that the epidemic prevention and control is in place, enterprises and institutions in non-epidemic prevention and control key areas have resumed work and production. More than 6,000 workers have arrived at their posts, and the Shenzhen-China Passage has resumed work across the board; Yiwu, the "world commodity capital", reopened for only half a month, and the express delivery volume returned to the average level in 2019 … … By March 13, 2020, except Hubei, the average operating rate of industrial enterprises above designated size exceeded 95%, and the average re-employment rate of enterprise personnel reached 80%.

　　Investment is accelerating, consumption is picking up, import and export are growing steadily, restaurants are crowded, and stations and docks are getting busy … … With the phased results of epidemic prevention and control further consolidated, China has accelerated the comprehensive recovery of production and life order in the prevention and control of normalized epidemic, the economic operation has recovered steadily, and the people’s sense of gain, happiness and security has continued to increase — —

　　The goal and task of getting rid of poverty in the new era was completed as scheduled.

　　Fiscal and tax support, employment poverty alleviation, ex situ poverty alleviation and relocation … … All localities have overcome the impact of the epidemic and helped poor areas to remove their poor hats and roots. On November 23, 2020, Guizhou Province announced that the remaining nine poverty-stricken counties in the province had withdrawn from the poverty-stricken county sequence. So far, all the 832 poverty-stricken counties in China have taken off their hats, and all the poor people in rural areas have been lifted out of poverty under the current standards, which has achieved a major victory that has made the world sit up and take notice.

　　People’s livelihood is strongly guaranteed.

　　The bottom line is held — — From ensuring the supply of medical and living materials, to ensuring the supply of "vegetable basket" and "rice bag", and then to strengthening the protection of people in need, the basic livelihood security has not diminished.

　　The rice bowl is stable — — We will continue to implement the employment priority strategy. In the first 11 months of 2020, 10.99 million new jobs will be created in cities and towns across the country, achieving 122.1% of the annual target tasks.

　　The income is higher — — In the first three quarters of 2020, the per capita disposable income of the national residents increased by 0.6% year-on-year after deducting the price factor, achieving a change from negative to positive, and the annual income growth of residents and economic growth were basically synchronized; The basic pension for retirees will increase by another 5%, and the "old age" will be more emboldened.

　　Life is better — — In the first 11 months of 2020, nearly 40,000 old urban communities were rebuilt nationwide, benefiting more than 7.25 million households, and "living and living" covered more families; The education department has made efforts to promote the construction and expansion of public kindergartens in various places, and the "early childhood education" has received institutional support.

　　The supremacy of the people has enabled us to successfully avoid the risks of economic shutdown and social disorder, ensure the successful conclusion of the Thirteenth Five-Year Plan, and the victory of building a well-off society in an all-round way is in sight, and the great rejuvenation of the Chinese nation has taken a new step forward.

　　The people are the country, and the country is better. Practice has once again proved that the people first is the fundamental prerequisite for making the right choice. Our party always represents the fundamental interests of the overwhelming majority of the people, insists on building the party for the public and governing for the people, and insists on the supremacy of people and life in the face of major epidemics. As long as we always have the people in mind and always put the people’s interests in the highest position, we will certainly be able to make correct decisions, determine the best path, and rely on the people to overcome all difficulties and obstacles.

　　Institutional advantage is the fundamental guarantee to form a powerful force to overcome the difficulties together.

　　On January 25, 2020, 8 million; On February 29th, 116 million … … In just 35 days, the daily output of masks in China has increased by about 13.5 times, which reflects the powerful ability and complete system made in China, and also shows the institutional advantage of concentrating our efforts on major events.

　　A strong wind knows the grass. To measure whether a country’s system is successful or not, an important aspect is to see whether it can command all directions and organize all parties to jointly deal with major risk challenges.

　　China’s socialist system has extraordinary organizational mobilization ability, overall coordination ability and implementation ability, and can give full play to the unique advantages of concentrating on doing great things, difficult things and urgent things. In the face of great disasters, we are United in strength and fearless in times of crisis, persist in giving full play to the political advantages of the party’s leadership and China’s socialist system, coordinate and mobilize the forces of all localities, departments and fields, and gather a strong joint force to overcome difficulties.

　　Relying on institutional advantages, we have withstood the stress test in the face of the epidemic.

　　Wuhan is in a hurry! At this critical juncture, China has launched an unprecedented life rescue — —

　　Expand the bed! In more than 10 days, 40,000 builders and thousands of equipment worked around the clock to build the Volcano Mountain Hospital and Thunder God Mountain hospital, to rebuild 16 shelter hospitals on a large scale, and to quickly open more than 600 centralized isolation points.

　　Increase manpower! Each medical team was completed within an average of 2 hours from receiving instructions to setting up. More than 40,000 angels in white went on a retrograde expedition, and 10% of the country’s critically ill medical staff gathered in Wuhan. "Angel White", "Olive Green", "Guardian Blue" and "Volunteer Red" are rapidly assembled, and 19 provinces support 16 cities in Hubei Province except Wuhan with counterpart support.

　　Transfer materials! At Wuhan Tianhe International Airport, various types of aircraft frequently take off and land. At the busiest time, there is a domestic transport every 3 minutes — 20 large transport planes arrived.

　　Race against the time and fight against the disease, with the command of the CPC Central Committee, the "China Speed" is once again in generate, and the supply of medical resources and materials has been improved by leaps and bounds from shortage to dynamic balance in the shortest time. Tedros Adhanom Ghebreyesus, Director-General of the World Health Organization, said with emotion: "I have never seen such mobilization in my life!" Some foreign scholars have commented: "The China system is strategic, overall, forward-looking and has the ability to mobilize national resources, which is unmatched by other systems."

　　Relying on institutional advantages, we have vigorously promoted the resumption of work and production, and smoothed the economic and social cycle.

　　It’s freezing outside, but it’s steaming in Lenovo’s smart workshop in Wuhan Optics Valley. On average, one mobile phone or tablet computer goes offline every second. In March 2020, the factory opened, and it resumed production in April. In June, the automatic assembly line of the Internet of Things was put into production, and in September, the 5G folding screen mobile phone was off the assembly line & HELIP; … The factory that stopped production for a short time ran out of the production "acceleration" with all its strength.

　　Mobilize employment, coordinate funds, and organize special chartered train & HELIP; … In the face of various demands in a special period, various regions and departments responded quickly and cooperated closely, so that people flow, logistics and capital flow turned in an orderly manner and the economic and social cycle was smoother.

　　"After major strategic achievements have been made in epidemic prevention and control, we will further give play to the advantages of the new national system, give full play to the decisive role of the market in resource allocation, give better play to the role of the government, and successfully realize the resumption of production in the entire industrial chain." Liu Yuanchun, vice president of China Renmin University, said.

　　"Stabilize economy, promote development, fight epidemic situation, fight flood peak, turn crisis into emergency response … … ‘ Thirteenth Five-Year Plan ’ During the period, in the face of a series of severe tests, we insisted on a national chess game and concentrated on doing big things, so that we could turn crises into opportunities and be reborn again and again. " Zhang Zhanbin, Dean of the School of Marxism of the Central Party School (National School of Administration), commented.

　　Ordering the people by the state is the right system. Practice has once again proved that as long as we are firm in road self-confidence, theoretical self-confidence, institutional self-confidence and cultural self-confidence, and adhere to the institutional advantage of concentrating our efforts on major events, we will certainly be able to unite the whole party and the people of all ethnic groups in China closely and give full play to the powerful energy to overcome difficulties and promote the development of our cause.

　　Scientific decision-making and creative response are the fundamental methods to turn crisis into opportunity.

　　In the first quarter of 2020, GDP decreased by 6.8% year-on-year, increased by 3.2% in the second quarter, and achieved a faster growth of 4.9% in the third quarter … … China’s economy has embarked on an exciting V-shaped curve. Ning Ji Zhe, deputy director of the National Development and Reform Commission and director of the National Bureau of Statistics, said that China’s economic growth rate is expected to reach about 2% in 2020.

　　"Positive economic growth", an indicator that many countries used to take for granted in previous years, has become extremely difficult in 2020 — — The epidemic spread around the world, many economic activities were forced to be suspended or delayed, the flow of people and trade were restricted, the global industrial chain fell into a "broken chain" crisis, and consumption, investment and exports of all countries were blocked.

　　Supply interruption and shrinking demand occur at the same time, which makes the world economy face a serious impact. According to data released by the United Nations, from 2020 to 2021, the cumulative loss of global economic output will reach 8.5 trillion US dollars, almost erasing all the growth in the past four years. Many experts said that some coping experiences and economic theories formed by academic circles after the Great Depression in 1929 and the international financial crisis in 2008 could not be fully exerted before the huge impact of the epidemic.

　　The difficulties are unprecedented, and there is no experience to follow. Whether a country can make scientific decisions and respond effectively determines whether its economy can tide over the difficulties and turn the corner.

　　"Taken together, the fundamentals of China’s long-term economic improvement have not changed, and the impact of the epidemic is short-term and generally controllable, as long as we turn pressure into motivation, be good at turning crises into opportunities, restore production and life order in an orderly manner, and strengthen ‘ Six stabilities ’ Measures to increase policy adjustment and fully release the great potential and powerful kinetic energy of China’s development can achieve the goals and tasks of economic and social development this year. " In 2020, the CPC Central Committee with the Supreme Leader as the core is far-sighted and insightful, and will lead China’s economic giant forward with scientific decision-making and creative response.

　　— — Adhere to the effective combination of strategic design and tactical application.

　　"To achieve greater achievements in building a new development pattern with domestic macro-cycle as the main body and domestic and international dual-cycle promoting each other";

　　"We should do a solid job ‘ Six stabilities ’ Work and full implementation ‘ Six guarantees ’ Task, to ensure the completion of the decisive battle to build a well-off society in an all-round way, decisive battle to get rid of poverty and attack the target task ";

　　"We must base our development on the domestic market and rely more on the domestic market to achieve economic development" … …

　　In 2020, the General Secretary of the Supreme Leader visited the north and south of the Yangtze River, presided over many important meetings, and made a series of important instructions and arrangements for coordinating the promotion of normalized epidemic prevention and control and economic and social development.

　　When making decisions, it is far-sighted and blazing with anger, and when implementing it, it is scientific and precise.

　　From implementing the precise prevention and control strategy of zoning and grading to adjusting the overall prevention and control strategy of the country to "external defense input and internal defense rebound" to maximize the smooth operation of the economy; Innovate the direct mechanism of financial funds, so that funds can be released faster and invested more accurately, and ensure that all bail-out measures go directly to the grassroots; Guide the market interest rate to fall, instead of simply relying on traditional interest rate cuts and RRR cuts, it will directly benefit the market subject &hellip through loan extension and credit support. … A series of accurate and effective innovations have successively landed, helping the majority of market players to tide over the difficulties.

　　— — Adhere to the combination of economic policy and social policy.

　　6.2%— — In February 2020, the urban survey unemployment rate rose to above 6% rarely, and the employment pressure continued to increase.

　　There must be an extraordinary move in an extraordinary period! In the face of the arduous task of ensuring residents’ employment, we insist on reducing burdens, stabilizing posts and expanding employment at the same time, and strengthen policy supply: on the one hand, we introduce policies such as phased reduction of social security fees, stable return of unemployment insurance, and employment subsidies to reduce burdens and relieve difficulties for enterprises and stabilize existing posts; On the other hand, measures such as online recruitment, vocational training, and assistance for people with difficulties have been introduced to get through the difficulties of employment blocking.

　　"Real money and silver" and "intimate service" have gradually stabilized the employment situation. In October 2020, the annual target and task of creating new jobs in cities and towns across the country has been completed ahead of schedule. The combination of economic policy and social policy has promoted the recovery of the economic market, promoted the stability of the overall social situation, and stabilized the economy and people’s hearts.

　　— — Adhere to the synergy between supply and demand.

　　Growth for 8 consecutive months! In November 2020, China’s automobile production and sales increased by 9.6% and 12.6% respectively.

　　The automobile market continues to be prosperous in production and sales, which is inseparable from the "coordinated operation" between the supply and demand sides: the supply side and relevant departments have made concerted efforts, and the automobile industry will fully resume work in early April 2020; On the demand side, measures such as extending the period of subsidy policy for purchasing new energy vehicles and promoting automobiles to the countryside have been introduced successively, which has stabilized and expanded automobile consumption.

　　While promoting the coordinated resumption of production in all links of the industrial chain and deepening the structural reform of the supply side, we will implement the strategy of expanding domestic demand, stimulate consumption potential and expand investment space. At the same time, the supply and demand sides exert their strength, so that the world’s largest industrial system and the largest and most potential market can play a powerful "concerto" and release huge and lasting development momentum.

　　— — Adhere to both counter-cyclical adjustment and cross-cyclical design.

　　"The order is full, more than 150 employees work overtime and the production line is running at full capacity." Recently, Li Lanhui, the general manager of Jiangxi Chuangyi Shoes Company, has been getting more and more busy. "In the first half of 2020, when the company’s cash flow was tight, the government departments gave us a timely help, reduced taxes and fees by several hundred thousand yuan, and with a discount loan of 3.5 million yuan, we survived and developed better and better!"

　　Increase the fiscal deficit by 1 trillion yuan to provide financial support for ensuring basic people’s livelihood and grass-roots operation; Issue 1 trillion yuan of special anti-epidemic treasury bonds to deliver sufficient "ammunition" for epidemic prevention and control; In the whole year, 2.5 trillion yuan was added to reduce taxes and fees, which promoted the financial system to make a reasonable profit of 1.5 trillion yuan, allowing market players to go into battle lightly and rejuvenate … … A set of powerful, effective, scientific and accurate macro-policy "combination boxing" was launched in time to help stabilize the basic economy.

　　Counter-cyclical adjustment, so that China’s economy can withstand short-term shocks; Cross-cycle design will escort China’s economy to be stable and far-reaching.

　　About 580,000 5G base stations were added throughout the year, nearly 40,000 old urban communities were newly renovated, more than 2,400 kilometers of high-speed rail were newly opened, and more than 12,000 kilometers of expressways were newly rebuilt (expanded) … … In 2020, we will strengthen the construction of "two innovations and one emphasis" and launch a number of major projects that complement shortcomings, adjust the structure, have obvious economic benefits, and work late and work early. "It can not only promote consumption to benefit people’s livelihood, but also help to adjust the structure to increase stamina and promote high-quality development, ‘ Many birds with one stone ’ 。” Huang Shouhong, director of the Research Office of the State Council, commented.

　　It is not only stable at present, but also beneficial to the long-term. We pay equal attention to counter-cyclical adjustment and cross-cyclical design, so that we can achieve the greatest results at a reasonable cost: appropriately raising deficit ratio will not only effectively stimulate the economy, but also maintain a low debt level; Tax reduction and fee reduction and "releasing water to raise fish" not only benefit hundreds of millions of market players, but also make the fiscal revenue increase from negative to positive from June 2020 … … As Cong Liang, deputy director of the National Development and Reform Commission, said, a set of fiscal and taxation policy plans have been repeatedly calculated and comprehensively weighed, which matches the needs of China’s economic development and debt risk prevention and control. "It is necessary, feasible and safe."

　　Those who observe the situation are wise, and those who follow the trend are wise. Practice has once again proved that scientific decision-making and creative response are the fundamental methods to turn crises into opportunities. As long as we know the change accurately, respond scientifically and take the initiative to change, we will certainly be able to create great opportunities in the fight against big risks and remain invincible.

　　Self-reliance of science and technology is the fundamental support to promote the overall development.

　　"Struggler" dived 10,000 meters deep, dreaming of deep blue; A new generation of controlled nuclear fusion research device has been built and discharged, and has entered the forefront of the world; On the fifth day of Chang ‘e, I took the moon for nine days and built a dream sky … … At the end of 2020, major scientific and technological achievements were reported frequently, reflecting China’s surging innovation momentum.

　　"Now, China’s economic and social development and improvement of people’s livelihood need scientific and technological solutions more than ever before, and it is even more necessary to enhance the first driving force of innovation." In the process of fighting the epidemic and coping with changes in the external economic environment, we attach great importance to the important role of science and technology, and ask for answers and methods from science and technology for self-reliance.

　　— — Use science to prevent and control diseases and protect people’s lives and health.

　　Recently, Covid-19 vaccination has been carried out in many places. On the last day of 2020, the joint prevention and control mechanism in the State Council was released, and the Covid-19 inactivated vaccine of Sinopharm Group China Bio has been approved by National Medical Products Administration for conditional marketing, and the protection effect meets the requirements of the relevant standards of the World Health Organization and National Medical Products Administration, and will be provided free of charge for the whole people in the future. This good news makes the public feel excited.

　　Overcoming the epidemic disease is inseparable from the support of science and technology. In the face of the worst epidemic of infectious diseases in the world in the past century, we uphold the scientific attitude and respect the laws of science, and use science to light up the light of hope to overcome the epidemic — —

　　In less than a week, the whole genome sequence of Covid-19 was determined and the virus strain was isolated, and the nucleic acid detection reagent was quickly developed;

　　Implementing the combination of traditional Chinese and western medicine, it has successively launched 8 versions of the national COVID-19 diagnosis and treatment plan, which has been used for reference by many countries. Clinical observation shows that the total effective rate of traditional Chinese medicine is over 90%;

　　The "field hospital" shelter was creatively applied to the field of infectious disease prevention and control, and more than 10 thousand beds were rapidly expanded in a short period of time, which solved the problem of a large number of patients being admitted to hospital;

　　Scientifically analyze the epidemic spread law and influencing factors, carry out large-scale nucleic acid detection, big data tracing and health code identification, and implement differentiated prevention and control by region and grade & HELIP; …

　　— — Using scientific and technological innovation to maintain the stable operation of industrial chain supply chain.

　　More than 90% of the equipment is independently researched and developed, and the market share of fist products leads the world, so that Chaozhou Sanhuan (Group) Co., Ltd., which experienced negative growth in the first quarter of 2020, quickly realized the growth of production and sales. The person in charge of the company felt: "With high technology, there is high quality, and high quality drives high efficiency."

　　In the first 11 months of 2020, the added value of China’s industrial enterprises above designated size increased by 2.3% year-on-year, and the profit increased by 2.4% year-on-year; During the "Thirteenth Five-Year Plan" period, more than 70 influential industrial Internet platforms, more than 670 internationally leading digital workshops and smart factories will be built; Some key areas such as 5G, new energy vehicles and industrial Internet have achieved a leap from running to running and leading; New technologies and formats such as artificial intelligence, teleconferencing, online classroom and online medical care are developing vigorously … … Enterprises, universities and scientific research institutions have accelerated the pace of scientific and technological innovation, which has effectively improved the stability and competitiveness of China’s industrial chain supply chain.

　　— — Ensure economic security and promote high-quality development by accelerating breakthroughs in key core technologies.

　　"Compare the chip to a house, and the transistor is the brick for building a house." In May 2020, the team of Academician Peng Lianmao of Peking University made a key breakthrough in the field of carbon nanotube integrated circuit preparation. "Mastering the key core technologies of information devices will help us realize the self-control of domestic chips."

　　600 km/h high-speed maglev test sample car test run; Beidou-3 global satellite navigation system opened; The first batch of independent third-generation nuclear power "Hualong No.1" was successfully connected to the grid … … In 2020, China achieved a number of significant achievements in many frontier fields, laying a solid foundation for high-quality development.

　　Work-oriented, innovation-oriented. Practice has once again proved that self-reliance through science and technology is the fundamental support for promoting the overall development. As long as we uphold the scientific spirit, grasp the scientific laws and vigorously promote independent innovation, we will certainly be able to build the country’s development on a safer and more reliable basis.

　　There are many things to do, and drums are used to urge the boat to be stable. The scientific understanding sublimated in the Great War Examination will undoubtedly turn into a great force on the way forward, inspiring us to be more confident and more combative. As long as we closely unite around the CPC Central Committee with the Supreme Leader as the core, deepen our regular understanding of doing a good job in economic work under severe challenges, and firmly grasp the initiative of China’s development, we will certainly create new historical achievements on the new journey of building a socialist modern country in an all-round way!

"Good air conditioning, made by Gree" is a well-known advertising slogan. As a domestic air conditioning brand, Gree air conditioning has always been trusted and supported by everyone. Compared with Gree household air-conditioning, the quality of central air-conditioning in Gree Hotel, what advantages it has won many favors, and what shortcomings need further improvement and attention. Here is a glimpse of the advantages and disadvantages of central air-conditioning in Gree Hotel.

gree central air conditioning

Low initial investment Good quality and low price are the common demands of consumers. Due to the long development period and core technology of products, the prices of imported central air conditioners are generally higher than those of domestic brands, while the initial investment of Gree central air conditioners is low. Take Gree inverter central air conditioners as an example, the total quotation is less than 30,000, while the quotation of the same imported brands is around 40,000.

Good refrigeration effect Gree variable frequency central air conditioner has good refrigeration effect and comfortable use environment because its compressor will not be turned on frequently, and it will gradually reach the set temperature and maintain low-frequency operation in balance with the loss of cooling capacity, and keep the room temperature constant without the problem of hot and cold.

Save energy and electricity The central air conditioning of Gree Hotel adopts a unique control mode, which can be controlled both centrally and independently. The unique control mode makes the indoor unit without work not consume electricity, thus effectively reducing the power consumption and achieving the purpose of saving electricity and energy. 　　

There are no strict installation specifications. There is no authoritative installation standard in the domestic central air-conditioning market, which also leads to the lack of strict and unified Code for Installation of Central Air-conditioning in Gree Hotel, which makes the installed central air-conditioning in Gree Hotel have frequent problems and will also affect the service quality of the hotel. The irregular installation also shortens the service life of Gree central air conditioning.

Poor after-sales maintenance system According to statistics, the service life of Gree central air-conditioning is generally 8-10 years, while the service life of imported central air-conditioning is more than 15 years, and all imported brands have professional after-sales maintenance, while the national brands dominated by Gree have not yet perfected a unified after-sales and regular maintenance system, which also leads some hotels to give up Gree air-conditioning in the long run.

In order to have stronger competitiveness and occupy a more favorable position in the field of hotel central air conditioning, Gree brand must overcome these factors, such as unstable products, improper installation and inadequate maintenance. While solving the shortcomings, we still need to innovate and practice, and gradually move towards the international stage.

To sum up, the advantages and disadvantages of central air conditioning in Gree Hotel coexist. As far as the current situation is concerned, imported central air-conditioning brands still occupy a dominant position, because consumers are more willing to exchange a little more budget for more peace of mind and comfort, so Gree brand should retain consumers’ hearts with better technology and services on the advantage of high cost performance.

Original Xie Hongfei Shanghai Law Society

Xie Hongfei, Research Fellow and Doctoral Supervisor, Institute of Law, Chinese Academy of Social Sciences.

synopsis

The right of recourse of joint and several debtors is the same as that of statutory subrogation, and whether the latter is established and its scope depends on the former. In traditional theory, the legal effects of the two are quite different, because the former is the debtor’s inherent right, and the latter is derived from the legal succession of creditor’s rights. The two should not constitute a competitive relationship, and the right holder should choose one to apply, but should apply as one, and the latter should supplement and strengthen the effectiveness of the former, which is also in line with the literal meaning of the civil code. After the termination of the contract that gave rise to the joint and several debts, if the creditor is unable to perform the obligation of return, the joint and several debtors who perform the debts in excess of the share shall enjoy the right of recourse. The creditor’s rights exercised by the debtor during recourse and subrogation are all creditor’s rights in installments. When claiming or exercising the right of security, the debtor should distinguish between the guarantee of joint and several debts and the guarantee of the whole joint and several debts. If the creditor abandons the collateral rights such as the guarantee, and the obligee cannot recover, it shall be liable for damages. The right of recourse should also be inferior to the creditor’s right. The scope of legal subrogation is determined by the right of recourse, and the limitation of action and the reasons for preventing the exercise of the right of claim should be unified.

Keywords: the legal subrogation right of joint and several debts; Article 519 of the Civil Code; the legal relationship of competing claims

First, the question raised

Joint and several debts include the external legal relationship between debtors and creditors and the internal relationship between joint and several debtors. In the internal relationship, the most important thing is the right of recourse and legal subrogation of joint and several debtors. Countries have different legislative cases. First, only the right of recourse is stipulated, such as the second paragraph of Article 1317 of the French Civil Code, Article 442 of the Japanese Civil Code and Article 1154 of the Spanish Civil Code. However, these countries often recognize the debtor’s legal subrogation by using the subrogation rules (such as Article 1346-5 of the French Civil Code and Article 500 of the Japanese Civil Code). Second, only the statutory subrogation right is stipulated, such as Article 1522 of the Chilean Civil Code. The third is to stipulate two kinds of rights at the same time, such as Article 426 of the German Civil Code, Articles 148 and 149 of the Swiss Debt Code, and so on, as well as Article 4: 107 of Part 3 of the draft European Model Civil Code.

In China’s law, the right of recourse and legal subrogation of joint and several debtors has gone through a development process. Article 87, paragraph 2, of the former General Principles of Civil Law and Article 14, paragraph 2, of the former Tort Liability Law only stipulate the former, not the latter. Paragraph 2 of Article 178 of the Civil Code of People’s Republic of China (PRC) (hereinafter referred to as the Civil Code) stipulates the right of recourse in joint and several liabilities, but paragraph 2 of Article 519 recognizes both: "A joint and several debtor who actually undertakes more than his share has the right to recover the excess from other joint and several debtors within the scope of their unfulfilled share, and accordingly enjoys the rights of creditors …" Similarly, Article 700 stipulates that the guarantor is undertaking the guarantee. Systematically, Article 178, paragraph 2, is a general rule, while Article 519, paragraph 2, is a contract rule, and the former is "joint and several liability" and the latter is "joint and several debt", which gives rise to a problem of legal interpretation: whether the latter can only be applied to joint and several debts arising from contracts, and debtors who exceed their share of performance enjoy two rights; However, the joint and several debts (liabilities) arising from legal facts such as infringement can only be applied to the former, so the debtor who exceeds the share performance can only claim the right of recourse and cannot obtain the legal subrogation? When there is no general part of the debt law in the civil code, its article 468 stipulates that the relevant contract code can be applied to non-contractual debts, unless it cannot be applied according to its nature. There is no substantial legal difference between joint and several debts and joint and several liabilities.The core legal issue of majority debts or liabilities arising from different reasons is whether joint debts (liabilities) can be established, but after joint debts (liabilities) are established, joint debts will not have different effects due to different reasons for their establishment. Therefore, the second paragraph of Article 519 applies to all joint and several debts, and the debtor who exceeds the share performance has both the right of recourse and the right of legal subrogation.

The second paragraph of Article 519 of the Civil Code connects subrogation and statutory subrogation with "combination", which can only be interpreted as that the joint debtor enjoys both rights at the same time, rather than choosing only one right. The problem is that these two rights have the same purpose, both of which are to make the joint debtor recover from other debtors after exceeding the performance, so it is unnecessary and impossible for them to exercise the other right after exercising either right to achieve the purpose of recovery. On this basis, Professor Wang Yuanzhi pointed out that this provision actually created a double recourse for the joint debtor, which was "not only unnecessary, but also caused contradictions in the application of the law and confusion in the logical system", so he suggested that this provision be amended to mean that the joint debtor has the right to choose to exercise two rights. This criticism is based on the general theory of traditional civil law. It can be seen that under the text framework of the civil code, how to explain the applicable relationship between the two rights has certainly become an important issue.

The author’s question is the legal application relationship between the two rights. The key point is to analyze the "concurrence theory" of two rights in traditional civil law and its contradiction, and then reveal the legitimacy and obstacles of the "unification theory" of two rights. To analyze the relationship between the two rights, it is necessary to start with their respective constitutive requirements and laws. The author will also analyze the possible defects of the traditional theory on their constitutive requirements and legal effect, and explain how the obligee should exercise their rights after the civil code unifies the two rights.

Second, the legal isomorphism between the right of recourse of joint and several debtors and the constitutive requirements of legal subrogation.

(A) the root of the isomorphism between the right of recourse of joint and several debtors and the constitutive requirements of statutory subrogation

After the joint and several debtors exceed their debts, they have the right of recourse against other debtors in their internal relations. At the same time, the paid-off creditor’s rights should have been eliminated, but the legal fiction creditor’s rights continue to exist, and the legal subrogation right has been obtained for the paid-off joint debtor, with the sole purpose of ensuring that the debtor can recover from other debtors. Although this right is called "legal subrogation", its essence is the legal transfer of creditor’s rights, which is obtained on the basis of paying off subrogation. Therefore, the right of recourse is the premise and foundation of legal subrogation, which determines whether the latter is established. In other words, the right of legal subrogation is subordinate to the right of recourse, and its purpose is to strengthen the right of recourse. If the right of recourse does not exist, the right of legal subrogation will not arise. After the right of recourse is realized, the transferred creditor’s rights are also eliminated. This is also the reason why the right of recourse is often stipulated first and then the legal right of subrogation is stipulated in comparative law. It can be seen that because of the same purpose, their constituent elements are exactly the same.

In addition, as stipulated in the second paragraph of Article 519 of the Civil Code, the scope of the right of recourse also determines the scope of the legal right of subrogation. If there is no legal subrogation, the creditor’s rights will be destroyed, and there is no need for the law to make the creditor’s rights continue to exist and transfer legally. If the scope of legal subrogation exceeds the right of recourse, it will form a recovery cycle, that is, the debtor A can recover all the debts from B after performing, and B will recover all the debts from A after being recovered. If the scope of the right of recourse is less than the legal subrogation, it will cause the obligee of recourse not to fully exercise the security right on the creditor’s rights, which may lead to the partial failure of the recovery. This further shows that the legal right of subrogation is attached to the right of recourse. Therefore, for the convenience of writing, the following only expresses the elements of the right of recourse.

(2) The difficult problem of the establishment of the right of recourse and legal subrogation of joint debtors.

Generally speaking, the elements of the right of recourse include: 1. The obligee has the right to pay off joint debts or other reasons similar to paying off, regardless of whether it is his own initiative or passive action. 2. Other joint and several debtors are also exempted from all or part of their debts because of the obligee’s settlement or similar settlement, that is, the obligee’s behavior has caused the joint and several debts to be completely or partially eliminated. 3. The obligee makes the debt relief of other joint debtors exceed the obligee’s share, that is, the performance amount is greater than the share amount. However, in bankruptcy proceedings, there are exceptions to the establishment and exercise of the right of recourse. When a joint debtor is declared bankrupt and the creditor fails to declare his creditor’s rights, other joint and several liable persons have the right to declare the total amount recoverable in the future as bankruptcy property and exercise the right of recovery in advance. There is no provision in the Civil Code, but Article 23 of the Supreme People’s Court "Provisions on Several Issues Concerning the Trial of Enterprise Bankruptcy Cases" clearly gives joint debtors this right. Articles 121 and 134 of the proposed draft of the Civil Code Sub-provisions of the Civil Code Compilation Working Group of China Academy of Social Sciences have also made provisions.

The disputes over the constitutive requirements of the right of recourse mainly focus on the following issues.

1. Is it based on the premise that the performance exceeds the share?

It is a well-known controversial issue in comparative law whether the right of recourse is established when the joint debtor exempts other joint debtors from part of their debts due to liquidation and other acts, but the performance amount does not exceed the share amount. If the joint debt is 300 yuan, Party A, Party B and Party C each share 100 yuan. After paying off 60 yuan, can Party A ask Party B and Party C to share 20 yuan?

Affirmative theory (positive theory) holds that the joint debtor only enjoys the right to recover the money when the performance exceeds the share, so in the above case, A does not enjoy the right to recover. In terms of legislation, Article 1317 of the French Civil Code adopts this view, as does Article 148, paragraph 2, of the Swiss Debt Code, which seems to be taken for granted by Swiss academic circles. The same applies to article 4: 107, paragraph 3, Part 3 of the draft European Model Civil Code. Negative theory (negative theory) is not based on excess, such as the first paragraph of Article 442nd of the Japanese Civil Code.

Generally speaking, it is affirmative. The reason is that if the recovery is allowed at this time, it will inevitably lead to the obligor of recovery first performing to the obligee of recovery, and then, in turn, recovering from the obligee of recovery, which will not only complicate the legal relationship, but also waste social resources. However, the negative theory has two advantages: first, it is more conducive to the realization of fairness. For example, in the aforementioned case, if Party A can’t recover from Party B and Party C, then the creditors are exempted from joint and several debts. At this time, only Party A has fulfilled its debts, and Party B and Party C are unscathed, and the imbalance of interests among all parties is very obvious. In addition, when the amount that Party A continues to perform later exceeds the share, although Party A can exercise the right of recovery, Party B and Party C may fall into a state of lack of resources, resulting in the failure of recovery. Second, it is more in line with the nature of joint and several debts, that is, joint and several debtors share the debts, and any joint and several debtor can ask other debtors to perform according to their share of debts. If other debtors fail to perform, the debtor who has performed can naturally recover from them.

However, both legislation and judicial practice in our country adopt affirmative theory. Before the promulgation of the Civil Code, this was the case in Article 87, paragraph 2, of the former General Principles of Civil Law and Article 14, paragraph 2, of the former Tort Liability Law, and this standard was also applied in judicial practice. For example, the Supreme People’s Court’s "Reply on the Direct Execution of the amount of recovery from other joint and several liable persons by the party who has been determined to bear joint and several liabilities in the judgment" (Fa Jing [1992] No.121) holds that the application of the recovery procedure is that the joint and several liable persons repay the debts on behalf of the principal debtor according to the judgment or assume more joint and several liabilities than their share. Some courts even take full settlement as the premise of recovery, such as "Shanxi Qingshan Chemical Co., Ltd. v. Shanxi Aoer Pharmaceutical Co., Ltd. and other cases of recovery rights" and "Jilin Baili Car Rental Co., Ltd. v. Li Moumou and Sun Moumou".

Article 519, paragraph 2, of the Civil Code clearly stipulates that the premise of the right of recourse is that "the debt actually assumed exceeds its share". Therefore, in the theory of interpretation, the only exception is that the debtor and the debtor jointly make an opposite agreement, which is of course valid according to the principle of freedom of contract. In order to balance the conflict between the above two theories and give consideration to the current law, one situation in which the negative theory can be recognized in the application of law is that although the debtor’s performance amount does not exceed the share amount, the subsequent creditor’s rights are subject to prescription and all the joint and several debtors claim prescription defense. At this time, the amount of recovery should be calculated according to the proportion of each debtor’s share and performance. For example, if Party A, Party B and Party C undertake joint and several debts of 3 million yuan, the share relationship is 2: 3: 5, then Party A has fulfilled 300,000 yuan (1/2 of the share), Party B has fulfilled 300,000 yuan (1/3 of the share), and Party C has fulfilled 300,000 yuan (1/5 of the share), with a total performance of 900,000 yuan. According to the share, Party A shall bear 180,000 yuan (90× 2/10); Party B shall bear 270,000 yuan (90×3/10), and Party C shall bear 450,000 yuan (90×5/10). Party A may recover 120,000 yuan from Party C, and Party B may recover 30,000 yuan from Party C..

When applying the affirmation theory of civil code to judge whether it exceeds the burden, the creditor’s rights due shall prevail. For example, if the total amount of joint and several debts borne by Party A, Party B and Party C is 3,000,000 yuan, and the shares of all three parties are 1,000,000 yuan, Party A should pay 1,000,000 yuan in one year and Party B and Party C should pay 1,000,000 yuan in three years, but Party A paid off 1,000,000 yuan to Party B in the first year, and neither Party B nor Party C fulfilled the due debts. At this time, the repayment amount of Party A did not exceed its share, but its excess performance of 500,000 yuan in advance should be interpreted as not giving up the term interest, but fulfilling the joint and several debts that Party B and Party C have expired, so Party A can recover from Party B and Party C.. In addition, if the creditor waives part of the joint and several debts or the debtor changes the debt share, the share should be calculated based on the changed debt amount. If Party A fulfilled the joint and several debts of 1 million yuan according to its share, it would not have the right of recourse, but when the creditor exempted part of the joint and several debts, resulting in its share of 500,000 yuan, Party A would have the right of recourse.

2. Whether to limit the causes leading to joint exemption?

When a debtor’s creditor’s rights are extinguished for reasons other than liquidation, the debtor’s right of recourse depends on whether the debtor extinguishes the creditor’s rights by reducing its property. Paying off by proxy, offsetting, escrow and paying off are the same, all of which means that the debtor eliminates the creditor’s rights by reducing his own property, so the right of recourse arises; The consideration of eliminating creditor’s rights by confusing means is that the debtor’s creditor’s rights are also eliminated, and there is also the right of recourse. However, the joint and several debtors have obtained the right of defense because of the limitation or their debts have been exempted, and the debtor’s property has not been reduced, so there is no right of recourse.

(3) The constitutive elements of the right of recourse of joint debtors and the expansion of legal subrogation.

When the right of recourse claims from other debtors, if a debtor is unable to pay off his share of debt, if the right of recourse can ask other joint debtors to share the loss, it will constitute the expansion of the right of recourse. If four joint debtors bear the creditor’s rights of 2000 yuan, and their shares are 500 yuan, if one of them is unable to pay off, the other three people will share 166.66 yuan. Many legislative cases recognize this expansion, such as Article 426 of German Civil Code, Article 445 of Japanese Civil Code, Article 148, paragraph 2 of Swiss Debt Code, etc., and so does Article 4: 107, paragraph 3 of Part 3 of the draft European Model Civil Code.

The reasons for the expansion of the right of recourse are the principle of fairness and the principle of good faith. All joint and several debtors benefit from the elimination of joint and several debts. When the right of recourse cannot be recovered from other joint and several debtors, it is bound to form injustice among joint and several debtors if they are allowed to bear the losses alone. On the contrary, the irrecoverable risk is borne by all debtors, which is not only fairer, but also in line with the nature of joint and several debtors sharing debts. In addition, if this kind of expansion is denied, it is likely that when the creditor requests a joint debtor to exceed the performance, the debtor will try to avoid performance by delaying as much as possible based on economic rationality, let alone paying off the debt voluntarily when it expires. Once every joint debtor takes this kind of economic rational behavior, it may lead to the expansion of joint debt due to the payment of liquidated damages or interest, and ultimately all joint debts will suffer.

There are two criteria for judging the irrecoverability. First, other debtors are unable to pay off. Article 445, paragraph 1, of the Japanese Civil Code adopts this standard, and the person with the right of recourse needs to prove that other debtors have no responsibility for property before requesting other joint debtors to share it. Second, it is impossible to obtain repayment from other debtors. That is, after taking reasonable measures, the right of recourse is still unable to obtain repayment from the debtor. Article 4: 107, paragraph 3, Part 3 of the draft European Model Civil Code adopts this standard. The second standard is more relaxed, which includes not only the inability of the obligor to recover, but also the disappearance of the obligor, which is beneficial to the obligee of recovery and more appropriate. Because after the joint and several debtors share the share that cannot be recovered, if the obligor for recovery can pay off later, the obligee for recovery can also recover, thus ensuring the fairness among the joint and several debtors.

The application of the principle of fairness in the case of the expansion of the right of recourse can also draw two rules:

The first is the restriction on the expansion of the right of recourse. When the failure to recover is caused by the negligent behavior of the right of recourse, the right of recourse should not be expanded. If the obligee of recourse is lazy in exercising the right of recourse to the obligor of recourse, and the obligor of recourse has no resources in the future; Another example is the delay in exercising the security interest provided by the obligor for recovery, and then the collateral is damaged and no compensation or insurance money is obtained. "You have to blame yourself, and you must not drag others." Article 445, paragraph 2, of the Japanese Civil Code recognizes it.

Second, it is certain that the joint and several debtors who share the debt within the joint and several relationship can become the recovery obligor. This includes two situations: (1) The contribution of 0 is later caused by exemption or limitation of action. In Taiwan Province, China, Article 282 and other paragraph 1 of the "Civil Law" clearly stipulates this. If Party A, Party B and Party C bear joint and several debts to Party D, after Party D forgives Party A’s debts, Party A has no share in internal relations, but it is not exempted from joint and several debts. If Party B has fulfilled all the joint and several debts, although it cannot recover from Party A, it can recover from Party A after it fails to recover from Party C.. (2) The contribution of 0 is determined when the joint and several debts are established. If Party A and Party B buy the goods of Party C, Party D is not the buyer, but all parties agree that Party A and Party D shall bear joint and several debts to Party C, and Party D shall not bear the debts in internal relations from the beginning. After Party A has performed the joint and several debts to Party C, it can’t recover from Party D, and after it fails to recover from Party C, it can’t ask Party D to share its share. However, if Party A buys goods from Party D, neither Party B nor Party C is the buyer, but they participate in the contract and jointly bear joint and several debts with Party A to Party D.. When Party B fails to recover from Party A after performing the joint and several debts, it may request Party C to bear half of the joint and several debts, because the share of Party B and Party C in the joint and several debts is zero, and their legal status and treatment should be the same. The second paragraph of Article 445 of the revised Japanese Civil Code stipulates that if neither the obligee nor the obligor bears the burden, the parties shall share the burden of the unpaid part in equal proportion.

Paragraph 3 of Article 519 of the Civil Code also confirms the expansion of the right of recourse, which stipulates that if the recovered joint debtor fails to perform its share, the other joint debtors shall share it in proportion. This is an important development of China’s joint and several debt system.

(4) Obstacle elements of the right of recourse and legal subrogation of joint debtors.

The obstacle of joint and several debts is a famous controversial issue in Germany about joint and several liabilities. It refers to whether the joint liability is established when the creditor relieves the debts of the joint debtor, or when a joint debtor should be relieved according to the law. The establishment of joint liability directly determines the existence of the right of recourse, so this paper also discusses this obstacle element of the right of recourse. In addition, in theory, there is also the "duality of joint and several debts", which refers to the agreement on internal share sharing between the debtor with reduced liability and the debtor without reduced liability, which has no legal effect on creditors, but constitutes an agreement on the right of recourse between the parties, and of course has legal effect.

Obstacles to joint and several debts can be divided into two types. First, before the joint and several debts are generated, creditors forgive the debts of a potential joint and several debtor in advance. Second, after the joint and several liability arises, the creditor waives its debt, or the law relieves its debt.

In typology, because both legal relief and creditor’s prior relief occur before joint and several debts, they can be included in the same type, so the author classifies joint and several debts according to the time when they are established. Because these situations involve tort liability, the author uses the terms of joint and several debts or joint and several liabilities to distinguish the situations.

1. forgive debts in advance

There are two situations in which some joint debtors are exempted from liability in advance: first, the creditor and the potential debtor agree in advance that the creditor will reduce the debtor’s future liability. German academic circles often take the good-will ride as an example to explain: A takes B’s car for free, and the two agree in advance to exempt from the tort liability of traffic accidents. Later, due to the common fault of B and C, A suffers personal injury, and B and C should bear joint liability for A. The second is the exemption provided by law. For example, Article 1217th of China’s Civil Code stipulates that if a traffic accident of a non-operating motor vehicle causes damage to a free rider, as long as the motor vehicle user has no intentional or gross negligence, his liability for compensation shall be reduced. If Party A and Party B agree in advance to exempt Party B from liability, or if the law is directly applied without agreement on exemption, the establishment of joint liability and obstacles to recovery will occur. Therefore, the solution of statutory exemption is the same as that of agreed exemption. This paper takes agreed exemption as an example to illustrate.

There are three solutions to this problem: one is to fully recognize the exemption agreement. In this case, Party B is not liable according to the contract, so Party B and Party C are not jointly and severally liable, and Party C should be liable for all the damages of Party A, and cannot recover from Party B.. This scheme actually makes the agreement between Party A and Party B effective for Party C, and the debtor who has not been exempted will bear all the responsibilities, which is equivalent to the contract setting obligations for the third party, so it cannot be established. The second is to completely ignore the exemption agreement. That is, Party B and Party C are jointly and severally liable for Party A, and they do not relieve Party B of their responsibilities in internal relations. After taking full responsibility for Party A, Party C can claim compensation from Party B.. Because Party A has legally exempted Party B from the responsibility in advance, Party B can recover from Party A, which constitutes a "recovery cycle" and is extremely inefficient. The third is to make the agreement effective, but not to harm the interests of other responsible persons. That is, the amount of damages paid by C to A has been reduced from the beginning to the amount that C should bear internally. This scheme is the consensus of German theoretical and practical circles. Its advantage lies in that it not only avoids the serious injustice caused by the inability of the person who has not been exempted to recover all the debts, but also respects the exemption agreement between creditors and individual debtors, which is worthy of recognition.

2. Subsequent exemption

After the establishment of joint and several debts, if the creditor exempts the debtor, can the right of recourse recover it? It depends on the specific content of the exemption. First, if the creditor waives the debt share, at this time, the other debtors are jointly exempted due to the reduction of the total amount of joint and several debts, but the debtor who is exempted from the debt is not separated from the joint and several debt relationship, so it should also be recovered in the case of expansion of recovery. Second, the creditor’s exemption is only a debtor’s "joint and several" debts, but it does not exempt the debtor’s debts. Its essence is to change the debtor’s joint and several debts into debts in installments. This kind of behavior can only bind the creditor and has no legal effect on other joint debtors. Of course, the person with the right of recourse can claim the right of recourse against him.

3. Other circumstances

It is worth thinking about a special case of the expansion of the right of recourse: after the joint debtor pays off the debt, the contract that generated the joint debt is dissolved, or when the joint debt based on infringement is finally judged by the court to be invalid and the creditor is unable to return it, can the debtor who has performed the joint debt recover from other debtors? Traditional civil law rules do not involve this rule. The author believes that in the first case, the joint and several debts once existed legally and truly, and the debtor who paid off trusted the existence of the debts, and the repayment was in the interests of all debtors. Based on the special relationship between the joint and several debtors and the principle of fairness, the right of recourse should be recognized at this time. However, in the second case, joint and several debts do not exist from the beginning, and even if each debtor trusts to establish joint and several liabilities, it is not enough to create joint and several relations among debtors, so it is not appropriate to recognize the right of recourse.

Three, the theory of the legal effect of the right of recourse and legal subrogation is the same and different.

Since the constitutive requirements of the joint debtor’s right of recourse and legal subrogation are the same, their legal effects must be common; At the same time, as two different rights, their legal effects are bound to be different.

(A) the legal effect of the right of recourse and legal subrogation.

1. The debt-to-share rule applies to all.

When the obligee of recourse exercises the right of recourse against multiple debtors, the debtors’ debts are in shares, and the obligee of recourse can only recover according to each debtor’s share. The legal subrogation is the subrogation to the creditor. Logically, the legal subrogation holder may request the recovery obligor to bear joint and several debts. However, if the obligee of recourse requests other debtors to bear joint and several debts, it will cause a cycle of recourse. For example, if the joint and several debtors A, B and C bear an average of 3 million yuan of joint and several debts, and after A bears all the debts, it will recover 2 million yuan from B, then B will inevitably recover 1 million yuan from C.. Therefore, in subrogation, the original creditor’s rights are also converted into debts in proportion. Article 1522 of the Chilean Civil Code clearly stipulates that the legal subrogation holder can only ask the debtor to perform his share.

Unless otherwise stipulated by law or in the contract, the joint debtors shall share the debts equally. This is a general rule for countries or regions to distribute shares among joint debtors, such as Article 426, paragraph 1, of German Civil Code, Article 148, paragraph 1, of Swiss Debt Code, and Article 280 of Taiwan Province Civil Code.

Paragraph 2 of Article 178 of China’s Civil Code stipulates that "if it is difficult to determine the size of the liability, the joint and several liable persons shall bear the liability equally", and paragraph 1 of Article 519 also stipulates: "If the share between joint and several debtors is difficult to determine, it shall be regarded as the same share." Accordingly, the rules for determining the share at the time of recovery should be: first, according to the agreement between the debtors. Based on the principle of freedom of contract, no matter what causes the joint and several debts, each debtor can agree on the internal share of responsibility, including agreeing that a debtor will bear all the debts and a debtor will not bear the debts. When judging whether there is a share allocation agreement between joint and several debtors, in addition to express agreement, we should also consider implied agreement, the content and purpose of legal relationship and "the nature of things", especially in the case of joint and several debts arising from contracts, in order to meet the true meaning of debtors and realize natural justice. When several sellers bear joint and several debts for consideration, although the internal share is not agreed, but the ownership is obtained in different proportions, when sharing the debts internally, it should be decided according to the ownership proportion. Secondly, according to the general provisions of the law on joint and several debt sharing. For example, in the case of joint infringement, the debt ratio is determined according to the cause of the damage or the degree of fault of the perpetrator; In a civil partnership, according to Article 972 of the Civil Code, partners should share the debt in proportion to their capital contribution. Finally, the direct application of the first paragraph of Article 519 of the Civil Code is regarded as the norm.

At the time of recovery, each joint debtor shall share the debt according to the proportion of the debt. If Party A, Party B and Party C share the debt of 1 million yuan according to 2: 3: 5, after Party A pays off all the debts, it can recover 300,000 yuan (3/10 of the total debt) from Party B and 500,000 yuan (5/10 of the total debt) from Party C; If Party A partially pays off 440,000 yuan, it will exceed its share of 240,000 yuan, and can recover 90,000 yuan (3/8 of the total debt) from Party B and 150,000 yuan (5/8 of the total debt) from Party C..

2. Debt shares overlap.

The scope of the debt amount targeted by the right of recourse and legal subrogation overlaps, that is, the principal creditor’s rights, liquidated damages, interest, etc. However, there may be differences between the amount of exemption and the amount of recovery, which is mainly seen in the situation of payment in lieu of goods, including two types: First, the amount of exemption is lower than the amount paid. For example, Debtor A pays off debts of 600,000 yuan with a house with a market price of 1 million yuan. Since the joint exemption amount of other debtors is 600,000 yuan, the recovery amount shall be calculated based on 600,000 yuan, and the remaining 400,000 yuan shall be solely responsible for it. Second, the exemption amount is higher than the payment amount. For example, if the debtor A pays off the debt with a house with a market price of 600,000 yuan, it should be calculated according to the true meaning of the creditor’s debt exemption. When the creditor’s meaning is unclear, three situations can be considered to explain its meaning: (1) The exemption amount is equal to the debtor’s share for repayment. For example, in this case, A’s debt share is exactly 1 million yuan. According to life experience, it can usually be concluded that the creditor is exempt from A’s full share. A can’t recover from other debtors, and other debtors can’t recover from A except in the case of expansion of recovery rights. (2) The exempted amount is greater than the share of the debtor for settlement. For example, in this case, A’s debt share is 800,000 yuan. At this time, it should be interpreted that the creditor has exempted the joint debt of 200,000 yuan from other debtors in addition to the share of A, and its recovery is the same as that in (1). (3) The exempted amount is less than the share of the debtor for settlement. For example, in this case, A’s debt share is 1.2 million yuan. At this point, Party A can’t recover from others, and other debtors can ask Party A to share 200,000 yuan after performing their debts.

(B) the right of recourse and legal subrogation different legal effects

In jurisprudence, the core effect difference between the right of recourse and the right of statutory subrogation lies in their different sources. The former is the right that the joint debtor obtains from other debtors after paying off, which is a new right and does not depend on the creditor’s rights; The latter is derived from the rights of the original creditor, which is the legal inheritance of the creditor’s rights, not a new right, and is attached to the creditor’s rights. The difference in legal effect between the two is mainly reflected in the following aspects:

1. Ways to acquire rights

From the way of obtaining rights, the right of recourse is automatically obtained without special legal procedures, and its exercise methods and means are the same as ordinary creditor’s rights. Legal subrogation is the creditor’s right of legal successor, which should refer to the procedures and rules of creditor’s right transfer based on legal acts. Article 412 of the German Civil Code stipulates that the legal assignment of creditor’s rights shall apply mutatis mutandis to the assignment of creditor’s rights based on the rules of legal conduct, so as to regulate the assignment of creditor’s rights directly generated based on legal provisions. The purpose of assignment of legal creditor’s rights is mainly to obtain the basis of the right of recourse or to strengthen the right of recourse. According to its article 409, the assignment of creditor’s rights has legal effect on the debtor after it is notified. The civil code of our country has no special provisions on this, so the provision in the first paragraph of Article 546 should be excluded from the interpretation, that is, if the creditor fails to notify the debtor when transferring the creditor’s rights, the transfer will not be effective to the debtor. This is mainly based on the consideration of efficiency: the joint debtor and the creditor usually know each other, and when the debtor exercises the right of recourse, the debtor will usually get in touch with the creditor, and the debtor is unlikely to pay off the debt fictionally.

2. Reasons for the obligor of recourse to block the exercise of the right of recourse

The right of recourse is a new right that has been acquired for the debtor who has paid off. It is an original right, not the right of derivative acquisition, so there is usually no burden. Generally speaking, according to this logic, it is further argued that when the right of recourse claims from other debtors, the latter cannot oppose the debtor on the grounds of its opposition to creditors, such as the lapse of time. If Party A, Party B and Party C enter into sales contracts with Party D respectively, the amount of each contract is 1 million yuan, and all parties agree that Party A, Party B and Party C shall bear joint and several debts for all contractual claims of 3 million yuan. If Party A pays off all the creditor’s rights, when claiming compensation from Party B, Party B cannot claim from Party A that its creditor’s rights with Party D have expired or that it enjoys the right of defense against Party D at the same time, or that Party D’s creditor’s rights will be offset.

The effect of legal subrogation is the legal transfer of creditor’s rights. Based on the general principle of assignment of creditor’s rights, the debtor’s legal treatment does not change, especially its various rights to creditors. Therefore, when a joint debtor claims against other debtors based on legal subrogation, it is likely to encounter two situations that hinder the exercise of the right of claim.

First, the debtor claims the former’s defense against the creditor to the right of recourse. Although the legal subrogation person obtains the creditor’s rights on the basis of legal provisions, the purpose of legal assignment is to protect the right of recourse, and the law can’t detract from the debtor’s interests, otherwise, it will lead to constitutional problems by infringing property rights through legislation. Therefore, the legal subrogation person inherits the creditor’s rights at the same time, and the debtor still enjoys all defenses against the original creditor. Article 412 of the German Civil Code stipulates that the legal assignment has the same effect as the intentional assignment, unless the specification of intentional assignment cannot be applied based on its nature, such as the use of the principle of appearance in the assignment of creditor’s rights in Article 405. According to Article 404 of the German Civil Code, the debtor has all defenses against the transferee and the right to exercise. Article 1346-5 of the French Civil Code also clearly stipulates that in subrogation, the debtor may claim a defense based on the debt itself against the subrogation creditor. These kinds of defences (rights) include invalid contract, revoked or dissolved contract, limitation of action for creditor’s rights, performance defence in bilateral contract, etc. Article 548 of China’s Civil Code stipulates that after the debtor receives the notice of assignment of creditor’s rights, the debtor may claim the defense of the transferor from the transferee. Article 519, paragraph 2, also clearly stipulates that other joint debtors’ defenses against creditors may be claimed against that debtor. These provisions do not specify the occurrence time of the debtor’s defense against the assignee. In practice, there may be such a situation: after the right of recourse is established, other joint debtors terminate their contracts with creditors.At this time, can you defend the right of recourse against the right of recourse? Based on the above analysis, the debtor’s right of defense against the creditor can only be claimed against the obligee if it occurs before the repayment.

Second, the debtor claims set-off from the claimant. When the right of recourse is exercised by the right of recourse, the debtor may claim two rights of set-off: the debtor’s right of set-off against the right of recourse and the debtor’s right of set-off against the creditor of joint and several debts. The former applies the general set-off rules, while the latter applies the set-off rules in the assignment of creditor’s rights.

It is a general rule that the debtor can claim the creditor’s right of set-off from the creditor’s right assignee. For example, Article 406 of the German Civil Code clearly stipulates that its purpose is the same as the debtor’s right of defense, in order to prevent the debtor’s legal office from deteriorating due to the transfer of creditor’s rights. According to Article 548 of China’s Civil Code, after the debtor receives the notice of assignment of creditor’s rights, the debtor can claim against the transferee, and its Article 549 limits the offset to two situations. What is worth discussing is the first case, that is, when the debtor receives the notice of assignment of creditor’s rights, the debtor enjoys the creditor’s rights to the transferor, and the debtor’s creditor’s rights expire before or at the same time as the assigned creditor’s rights. Usually, set-off has no restriction on the acquisition time of active creditor’s rights; However, in the assignment of creditor’s rights, the debtor’s active creditor’s rights have strict requirements on the acquisition time, which aims to reduce the risk of the transferee and prevent the new burden on the creditor’s rights after the assignment of creditor’s rights. However, this is unfair to the debtor and therefore controversial. When the joint and several debtors inherit the creditor’s rights legally, the creditor’s rights claimed by the recovery obligor are limited by time and fair (detailed below).

3. Starting point of limitation

The right of recourse originates from the basic legal relationship between the joint and several debtors, and it is an independent claim against other joint and several debtors. Therefore, it is generally believed that the limitation of action should be calculated from its establishment, and whether the joint and several debts are subject to the ordinary limitation of action or not, the right of recourse is subject to the ordinary limitation of action, which is 3 years from the date of the debtor’s overpayment according to Article 188, paragraph 1, of the Civil Code. It should be noted that the settlement in the right of recourse does not include early settlement, otherwise it will damage the time limit interests of other joint debtors in performing joint debts. Therefore, in the case of excessive settlement in advance, the limitation of action of the right of recourse should be calculated from the date when the creditor’s right expires.

The legal effect of statutory subrogation is the inheritance of the original creditor’s rights, which does not produce new rights, but only changes in the subject of creditor’s rights. In addition, the premise of statutory subrogation is that the debtor overpays, so when it comes into being, the limitation of creditor’s rights must have begun to calculate. Therefore, it is generally believed that the starting point of limitation of statutory subrogation is the same as the original creditor’s right. Distinguishing the starting point of limitation of two kinds of rights is one of the main arguments supporting the concurrence of the right of recourse and legal subrogation, and its logical conclusion is very clear: as far as the limitation of action is concerned, it is more favorable for the debtor to choose the right of recourse.

4. Scope of recovery

In two cases, the scope of the right of recourse and legal subrogation will be different:

First, the right of recourse is greater than the legal right of subrogation. This is mainly seen in the case that the right of recourse pays reasonable expenses, suffers losses and requests to bear interest after exemption. It is stipulated in the first paragraph of Article 281 of the "Civil Law" in Taiwan Province and Article 442 of the Japanese Civil Code. Reasonable expenses include settlement expenses, expenses paid in response to the lawsuit filed by creditors, packaging expenses, transportation expenses, etc., and losses such as the loss of selling property at a low price due to the creditor’s request for enforcement. These expenses and losses are paid or borne by all joint debtors, so they should be shared by all creditors. But logically speaking, they are not the content of creditor’s rights, and the creditor has not benefited from them, so they are not within the scope of statutory subrogation. However, the creditor’s rights drafted by law are not eliminated but legally inherited, and interest can be included in the scope of the original creditor’s rights. China’s civil code does not make clear provisions on this, so we can refer to the idea of Swiss law, that is, according to the rules of negotiorum gestio in Article 422 of the Swiss Debt Code, we can request other debtors to share the expenses and damages arising from good faith.

Second, the right of recourse is less than the legal subrogation. This is mainly seen in the losses and expenses paid by the claimant due to his negligence. Based on the general imputation principle, these losses and expenses should be borne by themselves and cannot be shared by other debtors. Article 280 of the "Civil Law" in Taiwan Province and Article 442 of the Japanese Civil Code have clearly stipulated it, but the Civil Code is not explicit, and the interpretation conclusion should be the same.

5. Have you obtained the right of subordination?

Since the right of recourse is a right between joint and several debtors, the obligee naturally cannot claim all kinds of guarantees on joint and several debts, including secured creditor’s rights and secured real rights.

The legal effect of legal subrogation is to inherit the creditor’s rights, and the subordinate rights of the original creditor’s rights are also transferred with the creditor’s rights. For example, according to Articles 412 and 401 of the German Civil Code, at the time of legal assignment, the subordinate rights and priorities of the creditor’s rights are transferred at the same time as the creditor’s rights, all the security rights of the creditor’s rights are transferred to the assignee, and other subordinate rights such as interest and liquidated damages are also transferred; Article 1346-4 of the French Civil Code has also made similar provisions. Article 547 of the Civil Code stipulates that when a creditor transfers his creditor’s rights, all other subordinate rights are transferred to the assignee, except the subordinate rights exclusively belonging to the creditor. Although the second paragraph of Article 519 doesn’t stipulate the rules of quasi-intention assignment of legal creditor’s rights, there is no obstacle in interpretation, and the joint debtor can obtain the security right and other accessory rights of creditor’s rights based on legal subrogation.

Four, the substantive unity of the joint debtor’s right of recourse and legal subrogation.

(A) the contradiction between the right of recourse of joint and several debtors and the concurrence of legal subrogation

Generally speaking, the two rights have the same purpose, both of which are to protect the obligee from asking other debtors to bear their share of debts, so they constitute a competitive relationship and the obligee can choose to exercise them. No matter which right you choose to exercise, after the obligor performs the debt, another right will disappear. As for which is beneficial for the obligee to choose, it needs to be weighed on a case-by-case basis: if the limitation of the two rights is carried out separately, when the limitation of the original creditor’s right expires, it is beneficial to claim the right of recourse; If the original creditor’s right is attached with a security right, it is beneficial to claim legal subrogation. Even in Germany, the difference in the effectiveness of the two rights is an important test point for legal professional examinations. Experts suggest that the legal effects of the two claims should be tested separately. Chinese scholars also advocate the theory of concurrence.

The theory of concurrence seems to be logically smooth and conforms to the mainstream theory of concurrence of claims. However, even logically, it has the following two major problems.

First, it is different from the constitutive requirements explained by the classical theory of concurrence of claims. The premise of the concurrence of claims is that the same legal fact meets different constitutive requirements, and different claims can be generated based on different legal norms, and the purpose of plural rights is to meet the same purpose of the obligee. However, the previous analysis shows that the constitutive requirements of the right of recourse and the statutory subrogation are exactly the same. One claim has no independent constitutive requirements at all, but is attached to another claim. How can there be a competitive relationship?

Second, the theory of concurrence on the purpose of legal subrogation deviates from the theory of concurrence. Generally speaking, legal subrogation is called "reinforced legal assignment of creditor’s rights" because it strengthens the effectiveness of the right of recourse, makes up for the deficiency of the effectiveness of the right of recourse under the framework of jurisprudence, and makes the interests of joint and several debtors more balanced. This function of statutory subrogation also determines its subordination to the right of recourse: in terms of the elements of establishment, statutory subrogation is subordinate to the right of recourse, and when the right of recourse is not established or eliminated, it will not produce statutory subrogation; In the scope of rights, legal subrogation depends on the right of recourse; As an independent creditor’s right, the right of recourse can be transferred separately, but the legal subrogation cannot be transferred separately. However, there are contradictions between these views and the theory of concurrence: if two kinds of rights constitute concurrence, the obligee can achieve its purpose by choosing either right; However, the statutory right of subrogation is to strengthen the right of recourse, so the two must complement each other, and it is impossible to fully realize the purpose of the obligee by choosing either right. If the creditor chooses the basic right (right of recourse), its effectiveness cannot be strengthened; If you choose to strengthen the right (legal subrogation), it will not be realized because there is no basic right support. Only when the holder of the right of recourse enjoys two kinds of rights at the same time can he decide whether to exercise the two kinds of rights at the same time according to the specific situation in practice, and the purpose of strengthening the right of recourse by legal subrogation can be realized.

(B) Advocacy of the theory that the joint debtor’s right of recourse and legal subrogation are integrated.

1. The basis of integrated application theory

The second paragraph of Article 519 of the Civil Code stipulates that the right of recourse and the right of legal subrogation are applicable as a whole, and its theoretical basis can be summarized as follows.

First, the characteristics of joint and several debts themselves. Although the foundation of joint and several debts is complex and diverse, and there are different opinions, after the establishment of joint and several debts, the effect of joint and several debts is the same regardless of the reasons for its establishment. In external relations, joint and several debts and single debts also have the confrontation of interests between creditors and debtors, which makes it difficult for joint and several debts to get rid of the characteristics of single debts. In joint and several debts, the creditor can choose the debtor to pay off all or part of the debts at will, so each of the joint and several debtors should be obligated to perform all the debts to the creditor. Therefore, each debtor has the "risk" of being asked by the creditor to perform all the debts, and whether or not he is asked to perform and how much he performs depends on the creditor. In other words, all joint debtors have the problem of "luck", and the law cannot rule out luck, but the substantive injustice caused by luck should be reduced as much as possible. In joint and several debts, when the creditor only requests one debtor to perform, the effectiveness of this external relationship is also reflected in the internal relationship, and other debtors should also be in the state of being requested to perform and have the obligation to provide performance; The debtor who is requested to perform may request other debtors to perform their share, and the requested debtor cannot raise the defense of simultaneous performance. Because all debtors perform for creditors, there is no relationship between them in performance. When other debtors fail to pay off, the repayment of debtors exceeding the actual share constitutes the subrogation of other joint debtors, which is also the reason why France and Japan use the subrogation rule to give the right of recourse a legal subrogation. When any joint debtor performs,Whether it is voluntary performance or requested performance, all debtors benefit from its actions, and the cost of its performance should be shared by all debtors. Therefore, for the right of recourse and the basis of its expansion, the theoretical circle mostly expounds its legitimacy by "taking it for granted" or resorting to "fairness". The motivation of "taking it for granted" actually lies in the fact that all the joint and several debtors should fully perform their obligations to the creditors, and the theory of subjective common relationship and mutual guarantee in the basis of the right of recourse are all focused on this.

Even if the joint debtor is not requested by the creditor to perform, it also undertakes the obligation to perform to the creditor in time according to its share and the obligation to assist other debtors to perform. Therefore, some scholars in Germany believe that the right of recourse is attached to the joint debt itself, that is, when the joint debt is established, it has occurred as the effectiveness of the internal relationship of the joint debt, not from the time when the debtor pays off. In other words, performance is nothing more than a condition for the exercise of the right of recourse, not a condition for establishment. According to this view, the limitation of action of the right of recourse and the right of statutory subrogation will converge, but it is difficult to be established in dogmatics. After all, there is no room for the right of recourse when all debtors voluntarily fulfill their share of debts to creditors.

Furthermore, whether in external relations or internal relations, the joint debtor undertakes the obligation to perform to the creditor in time, and if it performs its obligation in time, there is no possibility of recourse; If it fails to perform, it will constitute a breach of contract to the debtor who has performed, and it should be liable for the latter. Although this kind of liability for breach of contract is almost ignored, it cannot be denied that the debtor who pays off is the most worthy of legal preferential treatment, which is not only the reason why the legal subrogation is specially stipulated in the law, but also the core reason why the legal subrogation is used to strengthen the right of recourse.

Second, realize the balance between the interests of the obligee, other joint debtors and creditors. After a joint debtor performs joint debts, it will form a triangular interest relationship with creditors and other joint debtors. First of all, in the joint and several debts, the risk that the creditor cannot be paid off is significantly lower than that of the debt in proportion, but this risk is transferred to the joint and several relationship, and the protection of the creditor is sufficient, so the rights of the recourse holder are irrelevant to the creditor no matter how they are allocated, as long as their rights are not damaged. Secondly, other joint debtors are in a state of breach of contract and should not be specially protected by law. The law only needs to ensure that the right of recourse does not worsen its legal situation, if it does not bear the debts of the expanded part caused by the right of recourse’s own fault. Finally, the right of recourse enjoys the right of recourse and legal subrogation at the same time, only to ensure the realization of his request for apportionment, without harming the interests of other debtors and creditors.

2. Obstacles and overcoming of the theory of integrated application

Through the comparison of the legal effects of the right of recourse and the right of statutory subrogation, it is shown that there are many differences between them in legal doctrine, but there are also many doubts in these theoretical explanations, which need to be clarified when the two rights are applied as a whole, and the following are selected.

The first is the statute of limitations. Generally speaking, the limitation of the right of recourse is calculated from the date of settlement, but there is great controversy about this. German judicial practice adopts the general theory, but it is controversial in academic circles. Medicus believes that the limitation of action that has passed before the original right of recourse against creditor’s rights does not affect the interests of the obligee, which embodies the idea of substantially unifying the limitation of two rights. In Swiss law, unless otherwise stipulated by law, the limitation of recourse is the same as that of joint and several debts, which also embodies the idea of substantive unity. In fact, it is generally said that the prescription of statutory subrogation is the same as that of the original creditor’s right, because it is the inheritance of the original creditor’s right, which seems to be logically smooth, but ignores a key fact: the original creditor’s right has been eliminated because of liquidation and other reasons, just because the law intends it to continue to exist, is it appropriate to calculate its prescription based on the original creditor’s right? Moreover, when the creditor’s rights are eliminated by paying off, the creditor may have made a request or obtained an effective judgment. Should the proposed creditor’s rights be counted from the time when the original creditor’s rights are eliminated?

The second is the reason for refusing the right of claim. Generally speaking, in the right of recourse, the obligor can’t claim all kinds of reasons for resisting the creditor’s right of claim in joint and several debts, but in the legal right of subrogation. This view does not distinguish all kinds of joint and several debts, but deals with them in an integrated way, ignoring the basis of joint and several debts and the imputability of the claimant, which is not appropriate. If the joint and several debts are based on the contract, and the creditor requests Party A to perform all the debts, and Party A knows that the creditor’s rights are in limitation, but fails to raise a defense, it is obviously unfair for other debtors not to claim the defense of limitation when Party A recovers. Another example is that when performing, Party A knows that Party B enjoys the creditor’s right in the form of set-off, but neglects to claim it. At this time, it should be based on the provisions of the law on other matters related to joint and several debts, that is, whether to give Party A the right to claim the creditor’s right of set-off. If Party A does not enjoy this right according to law, it is obviously unfair for Party B to claim the set-off later when claiming compensation from Party B..

To sum up, under the framework of the theory of concurrence of recourse and statutory subrogation, the distinction between the legal effects of the two rights is exaggerated, even in the logic of dogmatism. If we adopt an integrated legal policy and construct the corresponding legal technology, and affirm that the purpose of statutory subrogation is only to supplement the right of recourse, then the two only need to unify the legal effect, and there is no practical obstacle. The core reason of this scheme is to implement the right of recourse and to facilitate operation. In addition, in the case of other competing claims, such as breach of contract and infringement, the significance of the parties’ choice also includes the differences in the proof of constitutive elements in litigation; However, the constitutive requirements of the right of recourse and the right of statutory subrogation are exactly the same, and there is no such problem.

Finally, it is worth thinking about whether the two can be unified into one right, such as the right of recourse to unify the legal subrogation? This is difficult to establish in theory. Because the right of recourse is based on the debt share relationship within each joint debtor, aiming at the relationship between joint debtors; The basis of legal subrogation is that the debtor’s settlement leads to the elimination of creditor’s rights, which is aimed at external relations. If the internal right of recourse does not exist, it is unnecessary for the law to stipulate the statutory right of subrogation. Therefore, the relationship between the two should be treated as: the right of recourse is a basic and independent right, which determines whether the legal subrogation is established and its scope.

(3) the exercise of rights when the right of recourse of the joint debtor is integrated with the legal subrogation.

When two kinds of rights coexist and are applied as a whole, four exercise rules should be followed: first, based on the right of recourse, the legal subrogation strengthens its effectiveness, with the aim of realizing the rights of the obligee to the maximum extent; Second, the obligee cannot make double profits; Third, it cannot harm the interests of creditors; Fourth, it is impossible to increase the burden on other debtors and make them bear more than their share of debts. In the specific application, the following questions are worth considering:

1. The debtor can claim the reasons of resistance.

When it is applied as a whole, the reasons why the debtor can claim to refuse the right of claim should be unified. First of all, the limitation of action should be calculated from the date of liquidation. Secondly, other defenses and offsets mainly involve the rules of other-related validity in joint and several debts, which are too simple in Article 520 of the Civil Code, and need further academic consensus.

The relatively simple way of thinking is to consider the imputability of the reasons why the right of recourse holder did not claim to be blocked when performing. If he did not claim to be at fault, the obligor for recourse has the right to defend him or claim to set off. Although the interests of the joint debtors are opposite, the joint debtors depend on each other in external relations, and no joint debtor can do anything that damages other debtors or worsens their debts. Therefore, Article 146 of the Swiss Debt Code clearly stipulates this. Another way of thinking is to consider turning the defense into a factor that affects the establishment of the right of recourse. The debtor’s failure to claim to the creditor that the defense that all debtors can exercise is liquidation, which will damage the interests of other joint debtors. If the debtor is at fault, it should bear the responsibility; However, the debtor’s liquidation exonerates other debtors. If the former cannot obtain the right of recourse, the legal consequences of its liquidation will not be passed on to other debtors, so it is enough to protect the interests of other debtors by not recognizing the right of recourse at this time.

2. Reinforcing the right of recourse

The reinforcement of legal subrogation to the right of recourse is mainly reflected in obtaining the subordinate rights of creditor’s rights, mainly ensuring creditor’s rights and security interests. However, in practice, this reinforcing effect is mainly applicable to joint and several debts, and it is unlikely that joint and several debts such as infringement will be secured. It can be seen that the significance of legal subrogation is not as great as imagined, and the conflict between the integration and application of the two is also not so fierce.

The "statutory" nature of statutory subrogation is that the obligee can directly obtain creditor’s rights based on legal provisions. In the legal transfer of creditor’s rights, the transferee’s position should not be different from that in the intentional transfer. Therefore, like intentional assignment, when necessary, the creditor should bear the burden of transferring relevant creditor’s rights documents and informing the legal subrogation person of the necessary information (such as security right) to realize the creditor’s rights, so that the legal subrogation person’s rights can be fully realized.

If the creditor abandons all kinds of security rights and priorities or damages the collateral after being paid off, so that the legal subrogation person can’t realize his subordinate rights, which leads to the failure of his right of recourse, should the creditor bear the responsibility? There is basically no provision in civil codes of various countries. In the field of security, Articles 776 and 1165 of the German Civil Code stipulate that if the creditor waives part of the security right, other secured parties can be exempted in proportion. German judicial circles apply these rules to the right of recourse of joint and several debtors by analogy, and think that creditors should undertake to safeguard the interests of compensation against joint and several debtors under the circumstances that the legal subrogation can expect. Swiss law also analogizes the provision of Article 503, paragraph 1, of the Swiss Debt Code concerning the creditor’s waiver of guarantee.

Articles 409, 435 and 698 of the Civil Code respectively stipulate that when the mortgagee waives the mortgage, the pledgee waives the pledge and the guarantor waives the guarantee, other guarantors can be exempted accordingly. Whether these rules can be applied to joint and several debts by analogy mainly depends on the following factors: firstly, the legal subrogation person in joint and several debts receives the original creditor’s right and the security right on it after paying off the debt; Second, when the debt is not fully paid off, the legal subrogation person is still a joint debtor. Therefore, the legal subrogation person can not exercise the security right under any circumstances. Only when the legal subrogation person can exercise the security right and the original creditor damages the collateral, can he claim damages from the creditor.

3. Protection of creditors’ interests

As the French proverb goes, "the right of subrogation cannot be against the subrogated person." The legal subrogation right obtained for any reason cannot exceed the original right in strength and effectiveness, and can not harm the interests of the original obligee. Almost all countries or regions have confirmed this rule in their civil laws, such as Article 426, Paragraph 2 of the German Civil Code and Article 281 of the Civil Code in Taiwan Province, China. Article 519, paragraph 2, of the Civil Code also confirms this rule.

The legal subrogation may harm the interests of the original creditor when exercising the creditor’s rights, mainly when the original creditor is only partially paid off and there is a security interest on the creditor’s rights, and both of them exercise the security interest. At this point, the creditor’s residual creditor’s rights have priority over the creditor’s rights of the legal subrogation. If Party A and Party B bear joint and several debts of 2 million yuan to Party C, Party D provides 600,000 yuan as collateral. Later, A paid off 120 yuan, and obtained the creditor’s right of 200,000 yuan based on legal subrogation. C still has the remaining creditor’s rights of 800,000 yuan. When both Party A and Party C are mortgaged, the creditor’s rights of Party A and Party C will be paid off at the same time because of the insufficient value of the mortgage, and the creditor’s rights of Party C will be paid 600,000 yuan first, but the creditor’s rights of Party A will not be paid off.

It should be noted that the second paragraph of Article 519 of the Civil Code stipulates: "Have the right to recover the excess from other joint debtors within the scope of their unfulfilled shares, and enjoy the rights of creditors accordingly, but shall not harm the interests of creditors." There are two interpretations of this clause: first, the obligee shall not harm the interests of creditors when exercising the statutory subrogation right; Second, when exercising the right of recourse without exercising the legal right of subrogation, the interests of creditors shall not be infringed. The traditional civil law theory mainly discusses this issue in the legal subrogation right, but the right of recourse may also conflict with the creditor’s right. If Party A and Party B bear joint and several debts of 2 million yuan to Party C according to the same share, Party A has paid off 1.2 million yuan, and when claiming the right of recovery of 200,000 yuan to Party B, if all the property of Party B is only 500,000 yuan, at this time, the remaining creditor’s rights of 800,000 yuan of Party C should be paid first.

4. Acquisition and exercise of security rights

According to Article 547 of the Civil Code, the assignee obtains the creditor’s rights as well as its subordinate rights, and the subordinate rights are not affected by the failure to perform the transfer registration procedures or the transfer of possession. When the legal subrogation person exercises the security interest, does it need to go through the change registration or obtain the pledge? First of all, the realization of security interest is not the disposition of security interest, and the provisions of Article 232 of the Civil Code should not be applied, that is, the disposition of immovable property rights that are not obtained by legal acts will not be effective without registration. Secondly, according to Article 410 of the Civil Code, the way to realize the mortgage right is negotiation between the two parties or auction and sale by the court. In the case of negotiation between the two parties, registration is not required; When the court executes the mortgage right based on judicial power, there is no need to change the mortgagee. Undoubtedly, according to Articles 436 and 437 of the Civil Code, the realization of pledge can be started by the pledgor and the pledgee, and when the pledgee starts, especially when the pledgee auctions and sells the pledge, it is inevitable to obtain the possession of the pledge. At this time, the legal subrogation person can directly request the pledgor to deliver the pledge, without going through the original creditor, so as to reduce the performance link, and the legal subrogation person can obtain the pledge on the basis of direct legal provisions.

Different from the subrogation of the guarantor, the legal subrogation person is a joint debtor, and the guaranteed debt may be his own debt. Therefore, when exercising the security right, the legal subrogation person should type the guarantee: first, the legal subrogation person’s own or the third person’s guarantee of his debt share. For this kind of guarantee, the legal subrogation has no meaning to exercise. The second is the guarantee of the debt share of other debtors. The right of recourse can naturally be exercised. The third is the guarantee of the entire joint and several debts. Whether the obligee can exercise this security right depends on two factors: (1) The security is provided by the recovery obligor, such as collateral. The right of recourse can exercise this security right. (2) The guarantee is provided by a third party. Whether the legal subrogation person can exercise the security right at this time depends on the nature of the debt recovered from the joint debtor after the guarantor assumes the responsibility. For example, Party A, Party B and Party C have a joint debt of 3 million yuan to Party D, and Party E is a joint guarantor, with a guarantee scope of 3 million yuan. The share of internal debts of the three people is 1 million yuan, and Party A obtains the right of recourse after paying off 3 million yuan. If there is no agreement between Party E and Party A, Party B and Party C, after assuming the guarantee responsibility, Party E may request Party A, Party B and Party C to undertake joint and several debt recovery, and then Party A may recover from Party E; If an agreement is made, Party A can’t recover from E to avoid a recovery cycle.

Conclusion

German documents often compare the creditor’s status in joint and several debts to "Pascha" to describe the powerful power of its creditor’s rights. In joint and several debts, the risk that creditors can’t pay off is distributed to all debtors to the maximum extent, so it is very important to distribute the payment risk fairly within joint and several debtors. As legal means of risk allocation, the right of recourse and legal subrogation are also very important.

Generally speaking, there is a competing relationship between the right of recourse and the legal subrogation, and the obligee can only choose to exercise it. Paragraph 2 of Article 519 of the Civil Code allows the debtor to enjoy two kinds of rights at the same time, and its legitimacy stems from the legal characteristics of joint and several debts, which determines that the interests of the obligee for recourse deserve special protection. The right of recourse is a basic right, which determines the establishment and scope of legal subrogation. The most important function of statutory subrogation is to enable the obligee to obtain the subordinate right of creditor’s rights, so as to expand the effectiveness of the right of recourse. The limitation of action of the two rights and the reasons for refusing the right of claim can also be unified by legal means.

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Source: Oriental Law, No.4, 2020 (Special issue of Civil Code) (No.76 in total). Please indicate the source when quoting and reprinting.

Original title: Xie Hongfei: the applicable relationship between the right of recourse of joint debtors and the right of statutory subrogation —— Taking Article 519 of the Civil Code as the analysis object.

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