上海419论坛-上海后花园论坛-爱上海龙凤419

　　Guangweiran in Wuhan in 1938 and Guangweiran in Wuhan in 1938.

　　The Yellow River search group is in Yan ‘an.

　　Zhang Andi, the daughter of Guangweiran, was interviewed by Huaxi Dushi Bao and cover journalist.

　　The Yellow River Cantata’s music score.

　　Xian Xinghai created The Yellow River Cantata.

　　Eighty years ago, Wu Xiling conducted the Yellow River Chorus.

　　The visiting group sang The Yellow River Cantata.

　　Defend the yellow river

　　(The Yellow River Cantata’s seventh movement)

　　The wind is howling.

　　The horse is barking.

　　The Yellow River is roaring.

　　The Yellow River is roaring.

　　Hexi hills are towering high.

　　Hedong Hebei

　　Sorghum is ripe.

　　Among the mountains

　　There are many anti-Japanese heroes.

　　Qingshazhangli

　　Guerrilla athletes are heroic.

　　Picked up a local gun and a foreign gun

　　Waving broadsword and spear

　　Defend hometown

　　Defend the yellow river

　　Defend North China

　　Defend all China.

　　Roar, Yellow River

　　(The Yellow River Cantata’s eighth movement)

　　Roar, Yellow River!

　　Roar, Yellow River!

　　Roar, Yellow River!

　　Set off your angry waves,

　　Let out your barking!

　　To people all over the world,

　　Sound the alarm for battle!

　　Ah — —

　　A nation of 5,000 years,

　　What a lot of suffering!

　　People under the iron hoof,

　　I can’t stand the pain

　　Can’t stand it!

　　But,

　　New China has dawned;

　　450 million people have United,

　　Swear to the death to protect the homeland!

　　Listen, listen, listen:

　　Songhua River is calling,

　　Heilongjiang is calling;

　　The Pearl River issued a heroic cry;

　　On the Yangtze River,

　　Burning all over the anti-Japanese bonfire!

　　Ah! Yellow River!

　　Roar! Roar! Roar!

　　To the suffering people all over China,

　　Sound the alarm for battle!

　　To the working people all over the world,

　　Sound the alarm for battle!

　　To the working people all over the world,

　　Sound the alarm for battle!

　　To the working people all over the world,

　　Sound the alarm for battle!

　　To the working people all over the world,

　　Sound the alarm for battle!

　　Huaxi Dushi Bao-cover journalist Wu Deyu

　　"The wind is roaring, the horse is barking, and the Yellow River is roaring … …” The Yellow River Cantata, whose lyrics are written by Guangweiran and composed by Xian Xinghai, is a great hymn of national spirit. The Yellow River Cantata began to sing in northern Shaanxi in the spring of 1939, and like a prairie fire, it quickly spread all over China, inspiring Chinese sons and daughters to fight bloody battles. It has been sung for 80 years, and it still echoes in the hearts of Chinese children.

　　On April 13th, 2019, on the 80th anniversary of the The Yellow River Cantata premiere, Zhang Andi, the daughter of the lyricist Guangweiran (also known as Zhang Guangnian), and the descendants of the third team members of the anti-Japanese drama team who had experienced that period of gunpowder smoke, formed a Yellow River visiting group and went to Yichuan, Loess Plateau, Hukou Waterfall and Yan ‘an in succession to find and relive The Yellow River Cantata’s creative path. A few days ago, Huaxi Dushi Bao and the cover journalist interviewed Zhang Andi, the daughter of Guangweiran, and listened to her talk about the tortuous birth of this classic.

　　eventful years

　　"If my father hadn’t broken his arm, there might have been no The Yellow River Cantata."

　　When Guangweiran created The Yellow River Cantata, it coincided with the second cooperation between the Kuomintang and the Communist Party. Guangweiran led the third team of anti-enemy drama to express condolences to the anti-Japanese soldiers and civilians in the guerrilla zone of Luliang Mountain. When crossing the Yellow River to the east near Hukou in Yichuan County, Shaanxi Province, and crossing the Yellow River to the west by boat from Yonghe Pass in Yonghe County, he witnessed the scene of the Yellow River trackers fighting against the violent wind and waves, and listened to the melodious boatman’s horn, so he created a long poem "Yellow River Ode" that described the national suffering, struggle and bright future.

　　In January 1939, he was sent to Yan ‘an because his arm was broken, and he recited this work at the New Year’s Eve party that year. Xian Xinghai was very excited after hearing this, and said that he would create The Yellow River Cantata for the drama team. In March of the same year, in a crude earthen kiln in Yan ‘an, Xian Xinghai kept writing for six days, and finished The Yellow River Cantata’s composition on March 31st. The Yellow River Cantata, known as "the strongest voice of the times when the nation is in danger", is a landmark work of Chinese culture, which has inspired generations of Chinese sons and daughters to strive for self-improvement. Andy Zhang said: "There is a certain contingency in The Yellow River Cantata’s creation, but the contingency is full of inevitability. If my father hadn’t broken that arm, there might not be The Yellow River Cantata. Because he wouldn’t have been sent to Yan ‘an, and he wouldn’t have seen his old friend Xian Xinghai. "

　　Regarding The Yellow River Cantata, Andy Zhang disclosed a detail — — "Xian Xinghai Diary" is very simple: "Look at the light before it happens, hospital." In Andy Zhang’s view, "When Xian Xinghai went to see Guangweiran, they should have discussed the idea of co-creating a large-scale work. Because my father’s final "Ode to the Yellow River" was written according to the movement. "

　　Wu Xiling, the premiere conductor of the Auditorium of Northern Shaanxi Public College, recalled that he was "very excited"

　　In a video interviewed before Guangweiran’s death, he recalled: "Everyone listened to me recite The Yellow River Cantata’s poems, and I read this lyric from beginning to end. Of course, everyone applauded me warmly. Xinghai sat by the side and listened attentively. When he heard the last sentence, he suddenly stood up and ran to me, grabbing the manuscript, ‘ I am sure to write it well ’ 。” On April 13th, 1939, The Yellow River Cantata premiered in the Auditorium of Northern Shaanxi Public College, which caused great repercussions. Wu Xiling, the conductor, recalled before his death: "Because all the people in our team crossed the Yellow River, when we sang this song, we had that life and that scene. When we sang at that time, we were very excited. " Because the arm was injured and bandaged, Guangweiran was wearing a big cloak, which covered the injured arm. After that, the bare arm has never recovered, and the arm can only be straight and cannot be bent.

　　"Eighty years ago, my father and Xian Xinghai created The Yellow River Cantata, which premiered in 1939. This is a very remarkable thing. Eighty years later, we sang all the tracks of this work here again, which is particularly memorable. It is also the first time for us to go to Yan’ an to find the old site. I am so excited. "

　　Searching for the Yellow River

　　Later generations revisited the road of creation and sang all the tracks on the edge of the Yellow River.

　　On the occasion of the 80th anniversary of The Yellow River Cantata’s performance, Zhang Andi and his younger brother Zhang Andong, together with the descendants of the third anti-Japanese drama team who had experienced that period of gunpowder smoke, and the workers who promoted and studied the Yellow River Chorus, formed a Yellow River search group with more than 50 people to relive The Yellow River Cantata’s creative road. The concert celebrating the 70th anniversary of the founding of New China and commemorating the 80th anniversary of The Yellow River Cantata’s premiere, from Hukou Waterfall to Yan ‘an, was impressive. Zhang Andi said that the visit was planned for more than two years, and many people from home and abroad participated. The Australian Navita Yellow River Choir, Northwest University for Nationalities Choir and Symphony Orchestra undertook The Yellow River Cantata’s singing and accompaniment.

　　"Eighty years ago, my father and Xian Xinghai created The Yellow River Cantata, which premiered in 1939. This is a very remarkable thing. Eighty years later, we sang all the tracks of this work here again, which is particularly memorable. It is also the first time for us to go to Yan’ an to find the old site. I am so excited. " Zhang Andi said.

　　Andy Zhang immigrated to Australia for more than 30 years. There is a Yellow River Choir in Australia. In 2000, The Yellow River Cantata’s eight movements were rehearsed for the first time and premiered at the Sydney Opera House. It was also the first time that she practiced the suite from beginning to end. Before that, she could only sing Defending the Yellow River and Huangshui Ballad. "Now, everything can be memorized without music."

　　This 80th anniversary tour, after a year of preparation, added innovative elements on the basis of the original. For example, the recitation of the chapters of "how the Yellow River’s waters move out of heaven" will be changed from two people at most to many people. In order to ensure the performance level, the choir invited Tu Shanxiang, a pipa master living in China, Qu Xianhe, a famous Japanese recitator, and Rafael, the former tenor of Queensland Opera House, to join the performance.

　　"In Yonghe County, Shanxi Province, the scenery is particularly good, and there is a giant sculpture of how the Yellow River’s waters move out of heaven written by my father. The biggest performance on April 13th was the Yellow River Choir and Northwest University for Nationalities Choir, plus the band, with a total of more than 300 people. It was spectacular and we were particularly excited. "

　　When performing in Yonghe County, the Yellow River Choir collectively donated 24,000 yuan, hoping that the local government would set up a juvenile Yellow River Choir to inherit this spirit.

　　Zhang Andi went to the Northeast Heilongjiang Production and Construction Corps at the age of 15. A few years later, when he returned to Beijing to see his father again, he didn’t say much. He just said, "My daughter has grown up." Then he made a long list of books and said to Zhang Andi, "These books need to be read."

　　Poet’s father

　　I often stay up late to write articles, and I don’t talk much and communicate with my children.

　　After returning from Yan ‘an, Zhang Andi and his party visited Du Fu Caotang, Wuhou Temple, Dujiangyan and Qingcheng Mountain, and then went to Siguniang Mountain, Danba Tibetan Village and Kangding. There is a panda valley not far from Qingcheng Mountain, with beautiful environment and few tourists. Being able to see the pandas at such a close distance makes them scream. Walking in Du Fu Caotang and Wuhou Temple, Zhang Andi was deeply intoxicated. The grass and trees here, ancient charm and poetry made her linger. Zhang Andi said: "There are thousands of years of culture and full of cultural atmosphere. It’s good to sit quietly here when you have time."

　　During the interview, Andy Zhang played a recording for the reporter, which was the original sound of Mr. Guangweiran reciting The Yellow River Cantata at Peking University in 1957, accompanied by three strings. His voice is a little bit of Hubei dialect, but it is clear and charming. At that time, Guangweiran was 44 years old.

　　Andy Zhang said: "He (father) likes to recite poems. As soon as he came into contact with the Yellow River, his inspiration was aroused." In Zhang Andi’s memory, when she was a child, her father was very busy and often stayed up late to write articles, so there was not much communication between father and daughter. There are many books at home.

　　Zhang Andi went to the Northeast Heilongjiang Production and Construction Corps at the age of 15. A few years later, when he returned to Beijing to see his father again, he didn’t say much. He just said, "My daughter has grown up." Then he made a long list of books and said to Zhang Andi, "These books need to be read." My father is always a poet, and he doesn’t talk much, but his heart is like a mirror.

　　Zhang Andi was admitted to the university later, and only went home on weekends. After graduating from the university, he went abroad.

　　On the contrary, in his later years, he had more communication with his children. He has been writing to Andy Zhang seriously, and letters between father and daughter keep coming and going. "Very concerned about us."

　　Zhang Andi specifically mentioned that his father in his later years was very interested in all new things and especially loved chatting with young people. A person in the Yellow River search group was Zhang Andi’s younger brother Zhang Andong’s childhood partner. He recalled that his parents were not around when he was a child. He liked literature and often chatted with uncle Guangweiran when he had the opportunity. During that time, he benefited a lot in his life.

　　From this story, Zhang Andi seems to feel the state of mind of his father when he was separated from his children.

　　During this visit, Zhang Andi saw Hukou and the Loess Plateau. Especially in Yichuan, she was very excited to sing The Yellow River Cantata in front of Hukou Waterfall. Although the Yellow River Chorus has changed a lot, every new entrant will rehearse nervously before the performance and be infected by her spirit. Andy Zhang always believes that where there are Chinese, there must be The Yellow River Cantata.

　　■ The Birth of Revolutionary Songs

　　Tang Shangcun wrote "No communist party, No New China"

　　A single spark can start a prairie fire Cao Huoxing, a 19-year-old youth, wrote a classic song — — "Without communist party, there would be no new China", a song that inspired thousands of war-torn China people in Qian Qian at that time.

　　In 1940, Cao Zhi entered North China United University to study music. In order to express his determination to fight the Japanese War to the end and not be afraid of sacrifice, he changed his name to "Cao Mars". In 1943, he created his masterpiece "No communist party, No New China". Cao Huoxing wrote more than a thousand songs in his life, and is known as "People’s Musician". His main representative works include "Song of Exploration Workers" and "People’s Love by the People’s Premier".

　　Cao Huoxing is a native of Xigangnan Village, Pingshan County, Hebei Province. Although he was born in a peasant family, his father and eldest brother both received secondary education, and the village primary school teacher was a Communist party member. He was influenced by progressive thoughts to a certain extent since he was a child.

　　Shortly after the start of War of Resistance against Japanese Aggression in 1937, 13-year-old Cao Huoxing was admitted to Baoding Middle School, and the Japanese invaders set foot along the Pinghan Railway. He dropped out of school and returned to his hometown to join the revolutionary mass organizations and served as the director of the Youth Salvation Association in his village.

　　After the Spring Festival in 1938, Cao Huoxing went to work in Pingshan County Farmers’ Association. In April and May of the same year, he was transferred to the Iron Blood Drama Club, the propaganda team of Pingshan County Youth Salvation Association. This propaganda team was the predecessor of the mass drama club in the Shanxi-Chahar-Hebei border area.

　　With the expansion of the influence of the drama club, the party organization sent the members of the drama club to study at the School of Literature and Art of North China United University. Cao Huoxing cherishes this hard-won learning opportunity. He is modest and studious and has made great progress. In 1943, 19-year-old Cao Huoxing was the head of the music group of the mass drama club of the Anti-Japanese and National Salvation Federation in the Shanxi-Chahar-Hebei Border Region. In order to counter the "mopping-up", the mass drama club was broken into parts, and went deep into the masses to carry out literary and artistic activities and publicize the party’s anti-Japanese proposition. Thus, there was a trip to the village by Cao Mars and his teammates. After Cao Huoxing and his teammates arrived in the village, they wrote anti-Japanese slogans on weekdays, organized the village’s literary propaganda team to sing and rehearse, and engaged in creation. Often his teammates are asleep, and Cao Huoxing still devotes himself to composing lyrics and songs under the horseshoe lamp. He recalled the days when he was with everyone in the drama club before and felt the warmth of living in the revolutionary ranks; Reminiscent of the situation witnessed by the broad masses of people in the anti-Japanese base areas, under the leadership of communist party, who overcame all kinds of difficulties and persisted in the war of resistance, an editorial article in Yan’ an Liberation Daily, which I read a few days ago, suddenly popped out of my mind — — Without communist party, there would be no China. "Without communist party, there would be no China … … He persisted in the war of resistance for more than six years, and he improved the people’s lives. He built a base area behind enemy lines, and he practiced democracy with many advantages … …” Cao Mars was full of emotion and wrote these words on paper. After repeated revisions,There is no China without communist party. Later, with the pace of the liberation army going south, this song spread all over China. After the founding of New China, one day in 1950, Mao Zedong heard his daughter Li Ne sing "Without communist party, there would be no China" in Zhongnanhai, which he thought was inaccurate, because China had a history of thousands of years, with China first and communist party later. Therefore, the word "new" should be added before "China", that is, "there will be no new China without communist party", which is in line with historical facts. Since then, there has been a classic melody that has been passed down to the present.

　　Comprehensive related reports

　　■ patriotic song creation

　　My People，My Country

　　Write this famous song in 20 minutes.

　　"My motherland and I can’t be separated for a moment. Wherever I go, there is a hymn … …” Whenever this fiery and beautiful melody of My People，My Country rings, people’s hearts are filled with a sacred feeling that will never change. How was this song created? "A song usually has words before songs, but My People，My Country has words before songs." Qin Yongcheng, a famous songwriter, remembers My People，My Country’s writing background very clearly. "In 1985, my fellow Dalian countryman Zhang Li called me and said ‘ I like your "Poem on the Seaside" very much, and the melody is beautiful. I hope to write lyrics for it, but it’s an instrumental piece of music, and it’s not well written. Can you create another one with the same mood, but the melody can’t be the same? ’ At that time, I happened to be studying in Beijing Central College of Education Administration. One afternoon, Zhang Li invited me to dinner at home. It was after 5 pm when I arrived at his home, and I began to think about melody, not ‘ Uplink ’ Melody ‘ 51235… … ’ But ‘ Downlink ’ ‘ 56543215… … ’ Unexpectedly, I found the main theme at once, and in less than 20 minutes, the music was created."

　　After many years, the lyricist Zhang Li recalled the scene in his memoirs and said, "In 1985, when Qin Yongcheng wrote the song, I couldn’t write the lyrics that satisfied me for a long time." Zhang Li put the music in her pocket for half a year. On a business trip to Guangxi, he opened the window the next morning and looked far away. A rising sun rose slowly, reflecting the mountains and rivers across the street picturesque. Reminiscent of the road I have traveled, although it is tortuous, it is closely linked to the fate of the motherland after all. This situation suddenly inspired him, and Zhang Li blurted out: "My motherland and I can’t be separated for a moment." Like a stroke of genius, he felt that he had found it. He wrote again with great enthusiasm: "Wherever I go, a hymn &hellip flows out; …” Qin Yongcheng, the songwriter, said that he liked the second lyric best: "My motherland and I are like a sea and a spray. The wave is the son of the sea, and the sea is the support of the wave … … Here, the relationship between the individual and the motherland is likened to the relationship between the waves and the sea. This metaphor has never been seen before. It is both profound and connotative, and the description is also very beautiful. "

　　After writing My People，My Country’s lyrics, Qin Yongcheng put it into a tape with 14 songs. He said, "The record company gave this tape to Li Guyi, the most popular singer at that time. Li Guyi said at that time ‘ I like this song by My People，My Country best ’ . Unsurprisingly, this song was sung by Li Guyi and spread. " From beginning to end, there is not a brave confession in the song, but through the poetic artistic conception of rivers, mountains, smoke, sea, waves and clear waves, people express their love for the motherland with beautiful images.

　　Comprehensive related reports

　　 On August 14th, Chusovitina waved to the audience after finishing the competition. On the same day, in the women’s vault final of the gymnastics competition in Rio 2016, Uzbekistan’s Chusovitina won the seventh place with a score of 14.833. Chusovitina is 41 years old, and the Rio Olympic Games is the seventh Olympic Games she participated in. Xinhua News Agency reporter Zheng Huansong photo

　　 Xinhua News Agency, Rio de Janeiro, August 18th, Sports Special (Reporter Lu Yuchen and Jia Yuchen) Black marker, drawing a five-ring outline on paper, and then matching a series of numbers: 92/96/00/04/08/12/16 & hellip; …

　　 Yes, this is the unique signature of Chusovitina, a gymnastics legend who participated in seven Olympic Games.

　　 She is a great athlete; She is a great mother.

　　 Return to the game for your son

　　 "From the moment my son was born, he was everything to me."

　　 In Chusovitina’s view, she is just an ordinary woman, wife and mother.

　　 The 41-year-old Uzbek gymnast has been on the international stage since the 1990s — — Many of the little girls who compete with her today have not yet been born.

　　 After winning the women’s team in Barcelona Olympic Games, Chusovitina married Uzbek wrestler panov in 1998, and then they participated in the 2000 Sydney Olympic Games together.

　　 However, the good times didn’t last long. In order to take her son Alisher, who was suffering from leukemia, to seek medical treatment, she left her motherland to represent Germany, and constantly challenged the limits with the title of "mother-level" or even "grandmother-level". The phrase "You are not cured, I dare not get old" made her impress countless people with the image of a great mother.

　　 "For me, family and son will always come first."

　　 I remember Beijing the most.

　　 "I can repeat it a hundred times: the most impressive Olympic Games for me is the Beijing Olympic Games."

　　 Chusovitina said that at the age of 33, she won the silver medal in vault, and her story was well known by more people, and many people gave a helping hand.

　　 However, I didn’t expect better news waiting for her!

　　 In the studio of Xinhua News Agency, she couldn’t help but cock her mouth when she recalled this past. After the Beijing Olympic Games, she returned to her son’s side. As a result, I didn’t expect the doctor to tell her: Congratulations, your son has recovered!

　　 "Ten Olympic gold medals are not enough for this good news!" Chusovitina said.

　　 Now, my son has grown up and is going to school in Germany. He will be 17 years old soon, and his appearance is just like Chusovitina. Usually, her son kept telling her around: Mom, don’t do those dangerous things; Mom, be careful; Mom, have a good sleep!

　　 "I am the happiest mother in the world."

　　 I will never retire!

　　 After her trip to Rio Olympic Games, she is planning to prepare for the trip to Tokyo Olympic Games in 2020 — — However, Chusovitina has not told her son about this plan, because she is still looking for sponsors to help her prepare for the next Olympic cycle.

　　 "I know, he will be disappointed." Chusovitina finished with a smile, squeezed her eyes playfully, and then made an innocent expression.

　　 With her fame, it seems a more prudent plan to open a gymnastics club to make a living. However, her heart, like a bird yearning for the sky, is attached to the stadium.

　　 In Chusovitina’s view, she is only 18 years old. With her chin held high, she said that after the training competition, "it doesn’t hurt anywhere", which may be thanks to her mother’s reward for a superwoman’s good figure.

　　 "Retired? No, I will never retire! "

　　 Of course, if that day really comes, Chusovitina hopes that she can end her professional gymnastics career in the place where she was born and raised.

　　 At present, the only thing that makes Chusovitina "afraid" is that one day her son will suddenly say, Mom, I am married.

　　 "I really want to attend my son’s wedding."

There are 19 articles in this chapter, which stipulate the conclusion of the construction project contract, the prohibition of illegal subcontracting and subcontracting, the contents of the construction project contract, the completion acceptance, the payment of the price and other rights and obligations of the employer and the contractor.
Article 269 A construction project contract is a contract in which the contractor carries out the project construction and the developer pays the price.
Construction engineering contracts include engineering survey, design and construction contracts.
[Interpretation] This article is about the definition and basic contents of the construction project contract.
A construction project contract refers to a contract in which the contractor carries out the project construction and the employer pays the price. The object of the construction project contract is the project. The projects here refer to the new construction, expansion, reconstruction and large-scale architectural decoration activities of lines, pipelines and equipment installation projects within the scope of civil engineering and construction industry, mainly including houses, railways, highways, airports, ports, bridges, mines, reservoirs, power stations and communication lines. The main body of the construction project is the employer and the contractor. The employer is generally the construction unit of the construction project, that is, the unit that invested in the construction of the project, and is also usually called the "owner". According to the Interim Provisions on Implementing the Legal Person Responsibility System for Construction Projects issued by the State Planning Commission in April, 1996, large and medium-sized commercial capital construction projects invested by state-owned units must set up project legal persons in the construction stage. A project legal person may establish a limited liability company or a joint stock limited company according to the provisions of the Company Law, and the project legal person shall be responsible for the whole process of project planning, fund raising, construction implementation, production and operation, debt repayment and asset preservation and appreciation. According to this regulation, the project legal person established in accordance with the law is the employer for the commercial project construction invested and constructed by state-owned units. Non-operating engineering construction invested by state-owned construction units shall be undertaken by the construction unit as the employer. In addition, if the construction project is subject to general contracting, the general contractor shall, with the consent of the employer,If part of the project is subcontracted within the scope prescribed by law, the general contractor will become the employer of the subcontracted project. Contractors of construction projects, that is, units engaged in survey, design and construction of construction projects, include units engaged in general contracting of construction projects and units engaged in subcontracting projects.
The definition of construction project contract stipulated in the first paragraph of this article embodies the basic obligations of both parties to the contract, namely the employer and the contractor. The basic obligation of the contractor is to carry out the project construction on schedule according to the quality, including survey, design and construction. The basic obligation of the employer is to pay the price as agreed.
The second paragraph of this article stipulates the main contents of the construction project contract. A project generally includes a series of processes such as survey, design and construction, so a construction project contract usually includes a project survey, design and construction contract.
Survey contract refers to the agreement reached between the employer and the surveyor on the completion of the investigation and study of the geographical and geological conditions of the construction project. The survey work is a highly professional work, so it should generally be completed by specialized geological engineering units. The survey contract is the basis for reflecting and adjusting the relationship between the employer and the entrusted geological engineering unit.
The design contract actually includes two contracts. One is the preliminary design contract, that is, the contract signed by the contractor and the employer for the design of the feasibility data for the project decision-making in the project establishment stage. Second, the construction design contract refers to the agreement reached between the contractor and the employer on the specific construction design.
The construction contract mainly includes two aspects: construction and installation. The construction here refers to the act of building the project. Installation mainly refers to the assembly of lines, pipelines, equipment and other facilities related to engineering.
Article 270 A construction project contract shall be in written form.
[Interpretation] This article is about the contract form of construction projects.
According to the provisions of this article, the rights and obligations of both parties shall be clearly defined in writing in a construction project contract in addition to the agreement of the parties.
Contracts can be divided into oral contracts, written contracts and other ways to conclude contracts according to their ways of conclusion. A contract in which the parties express their will orally is called an oral contract; A contract concluded by the parties in written form is called a written contract. It is simple, rapid and easy to conclude a contract orally, which is a large number of contract forms in real life. For example, the contract relationship between consumers and shop assistants when shopping in the market is a typical oral contract. However, because there is no necessary evidence for oral contracts, once a contract dispute occurs, it is often difficult to prove it, and it is easy to shirk responsibility and wrangle with each other, making it difficult to distinguish responsibility. The written contract has clear written records of the rights and obligations agreed between the parties, which can prompt the parties to correctly perform their contractual obligations in a timely manner. When a contract dispute occurs, it is also convenient to distinguish the responsibilities and solve the dispute correctly and timely. Construction project contracts generally have the characteristics of large amount of contract subject matter, complex contract content and long performance period, so it should be written for the sake of prudence. For this reason, this article specifically stipulates.
According to the provisions of this law, written forms refer to forms that can tangibly express the contents, such as contracts, letters and data messages (including telegrams, telexes, faxes, electronic data interchange and emails). In practice, contracts are generally concluded in the form of contracts for larger projects. Through the contract, the parties specify their respective names and addresses, the name and scope of the project, and clearly stipulate the content, method, time limit, liability for breach of contract and methods for resolving disputes. In a project contract, the contents and methods of contracting shall also be clearly defined. A survey and design contract shall also specify the time limit for submission of basic survey or design data and design documents (including budget estimates), design quality requirements, survey or design fees and other cooperation conditions. The construction contract shall also specify the scope of the project, the construction period, the start and completion time of the intermediate completion project, the project quality, the project cost, the delivery time of technical data, the responsibility for the supply of materials and equipment, the allocation and settlement, the completion acceptance, the quality guarantee period and the mutual cooperation between the two parties. The parties may also choose the relevant model contract text as a reference to conclude a construction project contract.
Article 271 Bidding activities for construction projects shall be conducted in an open, fair and just manner in accordance with the provisions of relevant laws.
[Interpretation] This article is about the requirements of project bidding.
Tendering and bidding is a competitive trading method usually used in the sale of bulk goods or the contracting of construction projects under the conditions of market economy. The so-called tendering and bidding activities of construction projects refer to that the employer of construction projects, as the tenderee, releases relevant information of the proposed project in an appropriate way, such as the contents of the project, main technical conditions, qualification requirements for contractors, etc., but does not indicate the cost of the project. Through these behaviors, it shows that the employer will choose qualified contractors to enter into construction project contracts with them. The activities in which the contractors who are interested in contracting the project put forward their own project quotations and other contracting conditions as bidders, participated in the bidding competition, and after the tenderee reviewed and compared the quotations and other conditions of the bidders, selected the winning bidder and signed a construction project contract with them.
The most remarkable feature of bidding and tendering for construction projects is that it introduces competition mechanism into the contracting and contracting activities of construction projects, and it has obvious advantages compared with the allocation of construction tasks to construction enterprises by administrative means under planned economy conditions or the contracting and contracting of construction projects by "one-on-one" negotiation, which is mainly manifested in the following two points: first, By comprehensively comparing the quotations and other conditions of the bidding competitors, the tenderee selects the contractor with low quotation, strong technical force, reliable quality assurance system and good reputation as the winning bidder, and signs the construction project contract with it, which is obviously conducive to ensuring the project quality, shortening the construction period, reducing the project cost and improving the investment benefit; Second, the tendering and bidding activities are required to be conducted openly in accordance with legal procedures, which is conducive to blocking the "black hole" of corruption and unfair competition behaviors such as bribery in the contracting and contracting activities of construction projects. It is precisely because bidding has obvious advantages and meets the requirements of market competition that it has become the main method that should be vigorously promoted in the contracting and contracting activities of construction projects in China, especially for projects built with state-owned funds. Therefore, in the construction law, it is clearly stipulated that construction projects should be contracted by bidding according to law, and only those that are not suitable for bidding can be directly contracted. Therefore, according to the provisions of the building law and other laws and administrative regulations,If a contract needs to be concluded by means of bidding for a project construction, the parties concerned must adopt the method of bidding. If there are no provisions in the law, the employer may also adopt the method of bidding to contract.
The implementation of public bidding for construction projects generally includes the following main processes:
1. Bid. Tender issuing means that the employer, as the tenderee, issues a tender announcement in accordance with legal procedures and methods, and provides tender documents containing the main technical requirements, main contract terms, standards and methods for bid evaluation, and procedures for bid opening, bid evaluation and bid selection.
2. Bid opening. After the deadline for submission of bids expires, the tenderee shall open the received tenders within the specified time to check their contents, so as to evaluate the contract conditions specified in each tender. The bid opening shall be conducted in public at the time and place specified in the tender documents, usually in the form of a bid opening meeting. All contractors participating in the bidding are eligible to attend the bid opening meeting and supervise the bid opening process. The tenderee shall publicly check the sealing conditions of each tender at the bid opening meeting, open the tenders one by one, publicly sing the bids, read out the names of bidders, bid prices and other main contents specified in each tender, and record the singing bids for inspection. After the bid opening, no one may change the other contents of the tender offer.
3. Bid evaluation. Bid evaluation means that after the bid opening, the tenderee shall evaluate and compare the bids according to the bid evaluation standards and procedures stipulated in the bidding documents, and select the winning bidder among the bidders with corresponding qualifications. The bid evaluation shall objectively and fairly evaluate and compare the bids according to the standards and procedures stipulated in the bidding documents, and no one may change or violate the prescribed standards and procedures for bid evaluation. In practice, the tenderee usually organizes a bid evaluation organization composed of project legal persons, major investors, representatives of bidding agencies and relevant technical, economic and legal experts to make technical evaluation on the effectiveness of each bidder’s tender, the scientificity, rationality and feasibility of the technical scheme provided by the tender, the status of technical force and the effectiveness of quality assurance measures, and make economic evaluation on the rationality of the project quotation and various expenses. On this basis, the bid evaluation report is made and several bidders are recommended to win the bid.
4. calibration. Calibration, also known as award, refers to the activity that the employer finally selects the winning bidder as the project contractor from the bidders. The principle of equal competition and merit-based selection must be observed in the calibration, and the winning bidder should be selected from the candidates recommended by the bid evaluation agency according to the prescribed procedures, and a construction project contract should be concluded with them. It is a common practice in the world that the bidder with the lowest price should be the winning bidder when other conditions such as technology and credit are equal.
According to the provisions of this article, the bidding for construction projects shall be conducted in accordance with the principles of openness, fairness and impartiality. The so-called publicity means that the relevant information of bidding activities should be made public, and the tenderee should publish the bidding information of construction projects through advertisements in the news media or other appropriate forms, and specify the main technical requirements of the bidding project and the qualifications of bidders in the publicly provided bidding documents, so that all qualified contractors can have the opportunity to participate in bidding competition. At the same time, the procedures of bidding and tendering should be open, including the time and place of receiving the bidding documents, the deadline of bidding, the time and place of bid opening, the standards and methods of bid evaluation and calibration, etc., which should be open and transparent for the supervision of all parties, and "black-box operation" is not allowed. The so-called fairness means that the tenderee treats every bid equally, and the bidders must compete by proper means, and must not offer bribes or kickbacks to the bidders and their staff to ensure the equality of competition. The so-called fairness means that the tenderee should strictly follow the open bidding documents and procedures, strictly follow the established bid evaluation standards and calibration, and treat every bidder fairly, and must not show favoritism and neglect.
Article 272 The developer may conclude a construction project contract with the general contractor, or conclude a survey, design and construction contract with the surveyor, designer and constructor respectively. The employer shall not dismember a construction project that should be completed by one contractor into several parts and contract it to several contractors.
The general contractor or the survey, design and construction contractor may, with the consent of the employer, entrust part of his contracted work to a third party. The third party shall be jointly and severally liable to the Employer with the general contractor or the survey, design and construction contractor for the work results it has completed. The contractor shall not subcontract all the construction projects it has contracted to a third party or dismember all the construction projects it has contracted and subcontract them to a third party in the name of subcontracting.
It is forbidden for the contractor to subcontract the project to units that do not have the corresponding qualifications. Subcontractors are prohibited from subcontracting the contracted projects. The construction of the main structure of the construction project must be completed by the contractor himself.
[Interpretation] This article is about the provisions on contracting, contracting and subcontracting of construction projects.
Construction project contracts can be divided into two categories: direct contracting and subcontracting according to the work content contracted by the contractor. Direct contracting means that the employer directly contracts the project to the contractor, including general contracting and single project contracting. Subcontracting means that the general contractor, survey, design and construction contractor can entrust some of their contracted work to a third party with the consent of the employer.
General contracting of construction projects, also known as "turnkey contracting", refers to the general contracting of construction projects, that is, the employer contracts all the tasks of construction projects such as survey, design and construction to a contractor with corresponding general contracting qualifications, who is responsible for all the construction work of the project until the project is completed, and delivers the construction projects that meet the requirements of the employer. General contracting is a widely used contracting method in construction activities at home and abroad, which is conducive to giving full play to the professional advantages of large contractors with strong technical force, rich experience and organizational management ability in engineering construction, comprehensively coordinating various relationships in engineering construction, strengthening unified command and organization management of engineering construction, ensuring engineering quality and progress, and improving investment efficiency. Adopting the general contracting method in the contracting of construction projects has obvious advantages for those construction units that lack specialized technical strength in engineering construction and are difficult to implement specific organization and management of construction projects, and also meets the requirements of socialized large-scale production professional division of labor. Therefore, we should advocate the implementation of general contracting for construction projects, and the employer can contract out all the projects to a general contractor, who will be responsible to the employer for the whole process of project construction. Corresponding to the general contracting mode, it is the contracting of a single task.That is, the employer will contract out different tasks such as survey, design and construction in the construction project to the surveyor, designer and builder respectively, and sign corresponding contract with them. This way of contracting out the contract is conducive to attracting more contractors to participate in the bidding competition of various engineering construction businesses, so that the employer has more choices; It is also beneficial for the employer to directly supervise and manage all links and stages of the construction project, which is beneficial to those contractors who have professional and technical talents in construction activities and have strong organizational and management capabilities in engineering construction.
Whether a construction project is contracted by general contracting or single project contracting can be determined by the employer according to the actual situation. However, no matter how the employer signs the contract with the contractor, it shall abide by the provisions of this article and shall not dismember the construction project, that is, it shall not dismember the construction project that should be completed by one contractor into several parts and contract it to several contractors. This regulation is made in view of the fact that the project is dismembered and contracted out in China’s construction market, which often happens and is harmful. Some contracting units divide the project that should be contracted by one contracting unit as a whole according to its nature and technical connection into several parts, and contract it to several contracting units respectively, which makes the whole project construction lack of due overall coordination in management and technology, often resulting in chaos and unclear responsibilities on the construction site, seriously affecting the quality of the project construction, and it is difficult to find the responsible person if there is a problem. Moreover, from the actual situation, the dismemberment of the contract is often related to the illegal activities of the staff of the contracting unit, such as favoritism and malpractice, and taking kickbacks by using dismemberment of the contract. Therefore, the first paragraph of this article clearly stipulates: "The employer shall not divide the construction project that should be completed by one contractor into several parts and contract it to several contractors." As for how to determine whether a construction project should be completed by a contractor, the relevant authorities in the State Council need to make specific provisions according to the actual situation. Such as the water supply pipeline of a house,The employer should not divide it into several parts and contract it to several contractors. If the installation of water supply pipeline and air conditioning equipment in a building belongs to the same building, the employer can contract them out to different contractors because of their strong professionalism.
The so-called subcontracting of construction projects refers to that after the general contractor, survey contractor, design contractor and construction contractor have contracted the construction projects, they will contract out a certain part or parts of the projects they have contracted to other contractors and sign subcontracting contracts with them. The general contractor, survey, design and construction contractor shall become the employer of the subcontract in the subcontract. General contractors, survey, design and construction contractors who subcontract construction projects shall meet the following conditions: (1) General contractors, survey, design and construction contractors can only subcontract some projects to subcontractors with corresponding qualifications; (2) In order to prevent the general contractor, survey, design and construction contractor from subcontracting the project that should be completed by themselves or subcontracting the project to a third party that the employer does not trust, the subcontracting of the project must be approved by the employer.
There are two different contractual relationships between contract and subcontract in the contract form of combining contract and subcontract. A contract is a contract concluded between the employer and the general contractor or surveyor, designer and constructor. The general contractor, surveyor, designer and constructor shall be fully responsible for the performance of the contract. Even if the general contractor, surveyor, designer and constructor subcontract some construction projects within the scope of the contract to others according to the contract agreement or the consent of the employer, the general contractor, surveyor, designer and constructor shall also be responsible for the subcontracted projects. A subcontract is a contract concluded between the general contractor or the survey, design and construction contractor and the subcontractor. Generally speaking, the subcontractor is only responsible to the general contractor, survey, design and construction contractor for the performance of the subcontract, and is not directly responsible to the employer. However, in order to safeguard the interests of the employer and ensure the quality of the project, this article appropriately increases the responsibility of the subcontractor, that is, the third party (subcontractor) is responsible for the work results it has completed. In case of problems in subcontracted projects, the Employer may require the general contractor, survey, design and construction contractor to bear the responsibilities, or directly require the subcontractor to bear the responsibilities.
The so-called subcontracting refers to the behavior that the contractor of a construction project transfers the contracted construction project to a third person, so that the third person actually becomes the new contractor of the construction project. The fundamental difference between subcontracting and subcontracting lies in: in subcontracting, the original contractor transfers all his projects to others without actually fulfilling his contractual obligations; In subcontracting, the contractor only subcontracts a part or parts of the contracted project to other contractors, and the contractor is still responsible to the employer for the performance of all the obligations stipulated in the contract. According to this law and other laws, it is allowed for the contractor to subcontract some of its projects to others with the consent of the employer, but it is forbidden for the contractor to subcontract. This article clearly stipulates that the contractor shall not subcontract all the construction projects he contracted to a third party or dismember all the construction projects he contracted and subcontract them to a third party in the name of subcontracting. This is because: 1. In practice, subcontracting is very harmful. Some units subcontract their contracted projects to others at a reduced price, and seek illegitimate interests from them, resulting in the phenomenon of "subcontracting at different levels and skinning at different levels". Finally, the actual cost for project construction is greatly reduced, leading to serious Jerry-building; Some construction projects are subcontracted and fall into contracting teams that do not have the corresponding qualifications, leaving serious engineering quality hidden dangers and even causing major quality accidents.2. The contractor subcontracts the contracted project without authorization, which undermines the stability and seriousness of the contractual relationship. In the process of concluding a contract for a construction project, the employer often chooses carefully to conclude a contract with a contractor whom he trusts and has corresponding qualifications. The contractor subcontracts the contracted project to others and changes the contract without authorization, which violates the will of the employer and harms the interests of the employer. This is not allowed by law.
Subcontracting of construction projects is prohibited, and the construction law has the same provisions, which is also a common practice in the world. Many countries have made prohibitive provisions on subcontracting of construction projects. For example, both Japan and South Korea stipulate that, except with the written consent of the employer, the construction industry practitioners shall not subcontract their contracted construction projects to others in any form. Therefore, the prohibition of subcontracting in this article is in line with the actual situation in China and the international practice.
In order to ensure the quality of the project and prevent some contractors from subcontracting in the name of subcontracting after obtaining the project, which will damage the interests of the employer and undermine the order of the construction market, the third paragraph of this article stipulates that contractors are prohibited from subcontracting the project to units that do not have the corresponding qualifications. Subcontractors are prohibited from subcontracting the contracted projects. According to the provisions of this paragraph, the subcontractor of the project must have the corresponding qualifications. According to the relevant laws of our country, the construction surveyors, designers and constructors engaged in construction activities must meet the following qualifications: 1. Having registered capital in line with state regulations; 2. Having professional and technical personnel with legal practice qualifications suitable for the construction activities they are engaged in; 3. Having the necessary technical equipment to engage in relevant construction activities; 4. Other conditions stipulated by laws and administrative regulations. Surveyors, designers and constructors engaged in engineering construction activities are divided into different qualification levels according to their registered capital, professional and technical personnel, technical equipment and completed construction project performance, and can engage in construction activities within the scope permitted by their qualification levels only after passing the qualification examination and obtaining the qualification certificates of corresponding levels. When subcontracting the project, the contractor shall examine whether the subcontractor has the qualifications to contract this part of the project construction. The contractor subcontracts the project to a subcontractor who does not have the corresponding qualifications, and the subcontract is invalid.In order to avoid the problems of unclear responsibilities caused by subcontracting at different levels and the reduction of actual project costs caused by too many intermediate links, according to the provisions of this clause, the subcontractor shall not subcontract the contracted projects, that is, only one subcontract can be implemented for the construction projects. In the case of construction contracting, the main structure of the construction project must be completed by the contractor himself and shall not be subcontracted, that is, if the contractor contracts all the construction tasks of the project, the main structure of the project must be completed by the contractor himself. Even with the consent of the employer, the construction of the main project shall not be subcontracted to a third party. If the contractor subcontracts the construction tasks of the main part of the project to a third party in violation of the provisions of this paragraph, the subcontract is invalid.
Article 273 A major state construction project contract shall be concluded in accordance with the procedures prescribed by the state and the investment plan, feasibility study report and other documents approved by the state.
[Interpretation] This article is about the procedures for concluding contracts for major national construction projects.
Any construction project contract must have a certain basis. To determine the general project, the project should be established first, that is, the relevant competent departments and construction units put forward project proposals, conduct feasibility studies after approval, prepare feasibility study reports, and select the project address. Only after the feasibility study report is approved can the survey and design contract be signed according to the feasibility study report. Only after the survey and design contract is fulfilled can the construction contract be signed according to the approved preliminary design, technical design, construction drawings and general budget. As a construction project contract involves capital construction planning and its subject matter is real estate project, the work accomplished by the contractor is not only immovable, but also has to exist and play its role for a long time, which is related to the national economy and people’s livelihood. Therefore, the state should implement strict supervision and management. Although under the condition of market economy, it is true that construction project contracts are not concluded strictly according to the specific construction plan as before, the diversification of investment channels for capital construction projects cannot completely change the planning of capital construction, and the state still needs to implement planned control over capital construction projects, especially the construction project contracts of major national projects, which should be subject to state planning, management and constraints. Generally speaking, the state does not give special supervision and management to the contract, but for the construction project contract, from the signing of the contract to the performance of the contract, from the investment of funds to the final acceptance of the results,All must be strictly managed and supervised by the state. In order to standardize the construction of major national projects, ensure the realization of national investment plans, ensure quality, avoid waste of resources, ensure investment benefits and reduce investment risks, this article puts forward stricter basis for the conclusion of major national construction projects contracts, that is, major national construction projects contracts should be concluded according to the procedures stipulated by the state and the investment plans and feasibility study reports approved by the state.
The law does not specify which construction projects belong to the state’s major construction projects. In practice, not all projects invested by the state government belong to the state’s major construction projects. Generally, projects that are included in the state’s key investment plans and have a huge investment amount and a particularly long construction period are all major national construction projects, such as the Three Gorges Project. Although some projects are not included in the national key investment plan, the investment amount is not huge, but they have great influence, and they also belong to major national construction projects, such as the National Grand Theatre project. There are also some projects, which are invested by local governments, but have huge investment and wide influence, such as the Asian Games project, which is mainly invested by the Beijing Municipal Government. The investment plan is approved by the state and also belongs to the national major construction projects.
According to the provisions of this article, a major national construction project contract shall be concluded in accordance with the procedures prescribed by the state and the investment plan, feasibility study report and other documents approved by the state. Generally speaking, in practice, major national construction projects should conduct feasibility study in advance, demonstrate and analyze the investment scale and construction benefit of the project, prepare a feasibility study report, and then apply for project approval. After the project is approved, the investment plan will be carried out according to the project and reported to the relevant national planning department for approval. After the investment plan is approved, the relevant construction unit will contract out according to the feasibility study report of the project and the investment plan approved by the state, and conclude a construction project contract with the contractor in accordance with the procedures prescribed by the state. The procedures stipulated by the state here refer to the procedures for the conclusion of major construction projects stipulated by the construction law and other relevant laws and administrative regulations. Contracts for major national construction projects must be awarded by public bidding, and the employer shall, in accordance with legal procedures and methods, issue a tender notice and provide the tender documents containing the main technical requirements, main contract terms, standards and methods for bid evaluation, and procedures for bid opening, evaluation and selection. The bid opening shall be conducted in public at the time and place specified in the tender documents. After the bid opening, the tender documents shall be evaluated and compared in accordance with the bid evaluation standards and procedures stipulated in the tender documents, and the candidate winning list shall be determined. The candidate winning unit must have the corresponding qualifications to build the major project.The Employer shall select the winning bidder among the bidders with the same qualifications. The employer shall conclude a construction project contract with the winning bidder. Major national engineering construction projects generally belong to the national compulsory supervision construction projects, so the employer shall entrust an engineering supervision unit with corresponding qualifications to supervise the engineering construction. The employer shall conclude a written supervision contract with the project supervision unit entrusted by it.
Article 274 The contents of a survey and design contract include terms such as the time limit for submission of relevant basic data and documents (including budget estimates), quality requirements, fees and other conditions for cooperation.
[Interpretation] This article is about the main contents of survey and design contracts.
The investigation here refers to the investigation and study of the geographical conditions of the project by the surveyor, including the measurement of the project and the investigation of the geology and hydrogeology of the project construction site. Design refers to the designer’s design of the engineering structure and the budgetary estimate of the project price. Survey and design contract refers to the agreement that the surveyor and designer complete the survey and design tasks of the project and the employer pays the survey and design fees. The survey and design contract defines the rights and obligations between the employer and the survey and designer. In order to standardize the survey and design contract, this article stipulates the main contents of the survey and design contract.
It is the employer’s obligation to submit the basic data and documents related to survey or design. The basic data of survey or design refers to the basic documents and conditions on which the surveyor and designer conduct survey and design work. The basic data of investigation include the feasibility report, the location and content of the project to be investigated, the technical requirements of investigation and the attached drawings. The basic data of the design include survey data such as the site selection report of the project, raw materials (or approved resource reports), agreement documents on fuel, water, electricity and transportation, and technical data that need to be obtained through scientific research. In order to ensure the smooth progress of the survey and design work, the time limit for submitting relevant basic information should be clearly defined in the contract.
Submitting survey and design documents (including budget estimates) is the basic obligation of survey and design personnel. Survey documents generally include survey data, geological data and hydrological data of project site selection. Survey documents are often a basic data for engineering design, and the delivery of survey documents can affect the progress of design work. Therefore, the parties should specify the delivery period of survey documents in the survey contract. The time limit for design documents refers to the time limit for designers to complete design work and deliver design documents. Design documents mainly include construction design drawings and descriptions, list of materials and equipment, and budgetary estimate of the project. Design documents are the basis of engineering construction, and the project must be carried out according to the design documents, so the delivery period of design documents directly affects the construction period, so the parties should specify the delivery period of design documents in the design contract.
The quality requirements here mainly refer to the standards put forward by the employer for survey and design work. Surveyors and designers shall conduct surveys and designs according to the determined quality requirements, and submit survey and design documents that meet the quality requirements on time. The quality requirements clause of survey and design defines the quality of survey and design results, and is also an important basis for determining the work responsibilities of surveyors and designers.
The expenses here refer to the remuneration paid by the Employer to the surveyor and designer for completing the survey and design work. Paying survey and design fees is the main obligation of the employer in the survey and design contract, so the amount or calculation method of survey and design fees, the payment method, place and time limit of survey and design fees should be clearly defined in the survey and design fee clauses.
Other cooperation conditions refer to the obligations of mutual assistance that both parties should perform in order to ensure the smooth completion of survey and design work. The main cooperation obligation of the employer is to provide necessary working and living conditions for the survey and design personnel when they enter the site to ensure their normal work. The main cooperative obligations of the survey and designer are to cooperate with the construction of the project, make design disclosure, solve relevant design problems in the construction, be responsible for design changes and budget revision, and participate in the test run assessment and project acceptance. For large and medium-sized industrial projects and complex civil projects, we should send on-site design and participate in the acceptance of concealed projects.
Of course, a survey and design contract not only includes these terms, such as the name and domicile of the parties, the place and method of performance, the scope and progress of survey and design work, the liability for breach of contract, the method of dispute settlement, etc., but also the terms that a survey and design contract should have. In addition, according to the nature and specific circumstances of the contract, the parties can also determine other necessary terms through consultation. The contents stipulated in this article are suggestive, and only general provisions are made according to the nature of the survey and design contract. If the survey and design contract agreed by the parties does not contain the above contents, the contract will not be invalid.
Article 275 The contents of a construction contract include the scope of the project, the construction period, the start and completion time of the intermediate project, the project quality, the project cost, the delivery time of technical data, the responsibility for the supply of materials and equipment, the allocation and settlement, the completion acceptance, the scope and period of quality warranty, and the mutual cooperation between the two parties.
[Interpretation] This article is about the main contents of the construction contract.
Construction mainly refers to the construction and installation of the project. A construction contract refers to a contract in which the builder completes the construction and installation of a project, and the employer accepts the project and pays the price after acceptance. In order to standardize the construction contract, according to the general characteristics of engineering construction, this article stipulates some main contents in the construction contract, namely, the scope of the project, the construction period, the start and completion time of the intermediate project, the project quality, the project cost, the delivery time of technical data, the responsibility of material and equipment supply, the allocation and settlement, the completion acceptance, the quality guarantee period, and the mutual cooperation between the two parties.
The scope of the project refers to the battery limit of the construction, which is the work scope of the constructor for the construction. The scope of the project is a necessary clause in the construction contract.
Construction period refers to the time limit for the builder to complete the construction task. According to the different nature of each project, the required construction period is also different. Whether the construction period can be reasonably determined will often affect the quality of the project. In practice, some employers often require shortening the construction period for various reasons. In order to catch up with the progress, builders have to cut corners and rush to construct, resulting in serious engineering quality problems. Therefore, in order to ensure the quality of the project, both parties should determine a reasonable construction period in the construction contract.
Intermediate completion project refers to the phased project in the construction process. In order to ensure the handover of all stages of the project and the smooth completion of the project construction, the parties concerned shall specify the commencement and handover time of the intermediate handover project.
Engineering quality refers to the grade requirements of the project and is the core content of the construction contract. Engineering quality is often determined by design drawings, construction specifications and construction technical standards. The engineering quality clause is the basis for defining the construction requirements of the constructor and determining the responsibilities of the constructor, and is a necessary clause in the construction contract. The quality of the project must meet the requirements of the relevant national safety standards for construction projects, and the Employer shall not, for any reason, require the builder to violate the laws, administrative regulations, quality and safety standards of the construction project and reduce the quality of the project.
Project cost refers to the cost required for the construction of the project, including materials cost, construction cost and other expenses. The parties shall reasonably determine the project cost according to the project quality requirements and the project budget. In practice, in order to get more benefits, some employers often lower the project cost, and in order to make profits, builders have to cut corners and shoddy, which will inevitably lead to unqualified project quality and even serious project quality accidents. Therefore, in order to ensure the project quality, both parties should reasonably determine the project cost.
Technical data mainly refers to the survey, design documents and other basic data necessary for the construction by the constructor. The timely delivery of technical data often affects the construction progress, so the parties should specify the delivery time of technical data in the construction contract.
Material and equipment supply responsibility refers to which party provides the raw materials and equipment necessary for engineering construction. Materials generally include cement, bricks and stones, steel bars, wood, glass and other building materials and components. Equipment generally includes water supply, power supply pipelines and equipment. Fire fighting facilities, air conditioning equipment, etc. In practice, some are provided by the employer or purchased by the builder. The responsibility for the supply of materials and equipment shall be clearly stipulated by both parties in the contract. If it is stipulated in the contract that the contractor (builder) is responsible for purchasing building materials, components and equipment, it is not only the obligation that the builder should perform, but also the right that the builder should enjoy. The Employer has the right to inspect the materials and equipment provided by the constructor. If the materials are found to be unqualified, it has the right to require the constructor to replace or supplement them. However, the Employer shall not take advantage of its favorable contractual position to designate the builder to purchase the building materials, components or equipment designated by him, including not requiring the builder to purchase the building materials, components or equipment from the manufacturers or suppliers designated by him. Because the behavior of appointing suppliers by the employer will easily lead to corruption between the employer and suppliers, in addition, under the condition of fixed construction cost, the employer will appoint the builder to buy expensive building materials, components or equipment, which will also harm the interests of the builder.
Appropriation refers to the appropriation of project funds; Settlement refers to the calculation of the actual cost of the project and the difference between it and the allocated project funds after the project is handed over. Appropriation and settlement terms are the basis for the builder to request the employer to pay the project payment and remuneration. Generally speaking, except for the "turnkey project", the builder is only responsible for the construction work such as construction and installation, and the employer provides the funds needed for the progress of the project to ensure the smooth progress of the construction. In reality, the employer often takes advantage of his favorable position in the contract and asks the builder to make advances for construction. After the builder advances to complete the construction task, the employer often fails to settle the account in time, delaying the payment of the project and the money advanced by the builder, which is the main reason for the phenomenon of default in the construction market at present, so the parties may not stipulate the advance construction in the contract.
Completion acceptance is a necessary procedure before the project is delivered and used, and it is also the premise for the employer to pay the price. The terms of completion acceptance generally include the scope and content of acceptance, the standards and basis of acceptance, the composition of acceptance personnel, the method and date of acceptance, etc. After the completion of the construction project, the employer shall make timely acceptance according to the construction drawings and specifications, the construction acceptance specifications and quality inspection standards issued by the state.
The warranty scope of construction projects shall include foundation engineering, main structure engineering, roofing waterproof engineering and other projects, as well as installation engineering of electrical pipelines, water supply and drainage pipelines, heating and cooling engineering and other projects. Quality guarantee period refers to the normal use period of all parts of the project, which is also called quality guarantee period in practice. The quality guarantee period shall be suitable for the nature of the project, and the parties concerned shall determine the quality guarantee period according to the principle of ensuring the normal use of the project within a reasonable service life and safeguarding the legitimate rights and interests of users, but it shall not be less than the minimum guarantee period stipulated by the state.
The terms of mutual cooperation between the two parties generally include the preparatory work of both parties before construction, the builder’s timely notice of commencement, construction progress report, and necessary assistance to the supervision and inspection of the employer. The cooperation between the two parties is an important part of the construction process and an important guarantee for the smooth construction of the project.
Article 276 Where supervision is carried out on a construction project, the employer shall conclude an entrusted supervision contract with the supervisor in written form. The rights, obligations and legal liabilities of the employer and the supervisor shall be in accordance with the provisions of the entrustment contract of this Law and other relevant laws and administrative regulations.
[Interpretation] This article is about the regulation of construction project supervision.
The term "construction project supervision" as mentioned in this article refers to a special activity in which a project supervision unit with legal qualifications, entrusted by the employer and in accordance with laws, administrative regulations, relevant technical standards for construction projects, design documents and construction project contracts, supervises the construction process of the contractor on behalf of the employer in terms of construction quality, construction period and use of construction funds. As the employer of the construction project, it is necessary to supervise the contractor’s construction activities in order to obtain good investment benefits, ensure the quality of the project and control the construction period reasonably. However, most employers are not good at the organization and technical supervision of engineering construction, and a professional engineering supervision unit composed of personnel with professional knowledge and practical experience in engineering construction has great advantages in safeguarding the interests of the employer, coordinating the relationship between the employer and the contractor, ensuring the engineering quality and standardizing the construction market order by accepting the entrustment of the employer. The supervision system of construction projects has a long history of development in the world. Western developed countries have formed a complete project supervision system. It can be said that construction project supervision has become an international practice in the construction field. With the development of reform and opening up, China has also implemented supervision system in engineering construction.
Construction project supervision is a measure taken by the employer of a construction project in order to ensure the quality of the project, control the project cost and construction period, and safeguard his own interests. Therefore, in principle, it is up to the employer to decide whether to supervise the construction project. However, for the construction projects with state financial funds or other public funds, in order to strengthen the supervision of project construction, ensure investment benefits and safeguard national interests, the state has stipulated the scope of construction projects subject to compulsory supervision. For the project subject to compulsory supervision, the employer must entrust the project supervision unit to carry out supervision according to law, and for other construction projects, it is up to the employer to decide whether to carry out project supervision. Where project supervision is required, the Employer shall entrust a project supervisor with corresponding qualifications to carry out supervision. The employer and the project supervisor entrusted by it shall conclude a written supervision contract, which is the basis for the project supervisor to supervise the project construction in the supervision contract. The relationship between the employer and the project supervisor is a contractual relationship between equal subjects in nature. Therefore, the relationship between the rights and obligations of the employer and the supervisor and their legal responsibilities shall be in accordance with the relevant provisions of this law, the construction law and other laws and administrative regulations.
Before the implementation of project supervision, the employer shall notify the contractor of the supervised construction project in writing of the name, qualification grade, supervision personnel, supervision content and supervision authority of the entrusted supervisor. The construction project supervisor shall, in accordance with laws, administrative regulations and relevant technical standards, design documents and construction project contracts, supervise the construction of the project on behalf of the employer in terms of the quality of the project construction, the construction period and the use of construction funds. If the engineering supervisor finds that the engineering design does not meet the quality standards of the construction project or the quality requirements agreed in the contract, he shall report to the employer and ask the designer to correct it; If the project supervisor thinks that the project construction does not meet the engineering design requirements, construction technical standards and contract stipulations, he has the right to ask the builder to correct it. In the process of supervision, the project supervisor shall abide by the objective and fair practice standards and shall not collude with the contractor to seek illegal interests for the contractor.
If the project supervisor fails to perform the supervision obligations as agreed in the entrusted supervision contract, fails to inspect the projects that should be supervised or fails to inspect in accordance with the requirements and inspection methods stipulated in laws, administrative regulations and relevant technical standards, design documents and construction project contracts, thus causing losses to the employer, he shall bear the corresponding liability for compensation. For example, unqualified engineering construction quality is usually related to both the contractor’s failure to carry out the construction as required and the supervisor’s failure to perform the supervision obligations as agreed in the contract. In this case, both the contractor and the supervisor shall bear their respective liabilities for compensation. As for how to determine the supervisor’s corresponding liability for compensation, it shall be determined by the people’s court or arbitration institution. If the project supervisor colludes with the contractor to seek illegal interests for the contractor and cause losses to the employer, he shall be jointly and severally liable for compensation with the contractor.
Article 277 The developer may inspect the progress and quality of the work at any time without interfering with the normal operation of the contractor.
[Interpretation] This article is about the employer’s inspection right.
In order to improve the construction level of the project, ensure the construction progress and quality, give full play to the investment benefit, guarantee the implementation of the construction project contract, and protect the interests of the employer, this article stipulates that the employer may inspect the progress and quality of the project operation at any time.
The employer’s inspection of the project operation is generally conducted in two ways. One is to appoint specific management personnel as site representatives. After the Employer appoints the site representative, it shall notify the Contractor in time. The accredited site representative is responsible for supervising and inspecting the progress and quality of the project, handling the acceptance procedures of the intermediate completed project and other matters that should be solved by the Employer. The other is that the employer entrusts the supervisor to carry out the inspection in the process of project construction. The employer shall entrust the supervisor to supervise the project that is subject to compulsory supervision as stipulated by the state. In addition, the employer can also voluntarily entrust the supervisor to supervise the project. The supervisor shall be a supervision company, a supervision firm and an engineering design, scientific research and engineering construction consulting company with corresponding engineering supervision qualification certificates. If the employer entrusts supervision, it shall conclude a written contract with the supervisor. Before the implementation of project supervision, the employer shall notify the contractor of the supervised project in writing of the entrusted supervision unit, supervision content and supervision authority. The supervisor shall, in accordance with laws, administrative regulations and relevant technical standards, design documents and construction project contract, supervise the contractor’s construction work on behalf of the employer in terms of construction quality, construction period and use of construction funds.
According to the provisions of this article, the Employer may inspect the progress and quality of the project operation at any time. If the site representative and supervisor find that the engineering design does not meet the quality requirements of the construction project during the inspection, they shall report to the employer and ask the designer to correct it. If it is found that the construction of the project does not meet the engineering design requirements, construction technical standards and contract stipulations, the site representative and supervisor have the right to ask the contractor to correct it. The contractor shall accept the inspection of the Employer, provide convenience and assistance for the work of the site representative and supervisor, and provide the Employer with monthly operation plan, monthly construction statistics report, construction progress report, engineering accident report and other documents in time at the request of the Employer. If the contractor’s survey, design, construction and other work do not meet the requirements of engineering quality, when the employer or site representative or supervisor puts forward a request for correction, the contractor shall immediately correct it and shall not refuse.
The employer has the right to inspect the contractor’s engineering operations, but on the other hand, the employer’s inspection behavior should be reasonable, so as not to hinder the normal operation of the contractor. This is also a reasonable restriction on the inspection right of the employer from the perspective of treating both parties equally and safeguarding the legitimate rights and interests of the contractor. Therefore, this article stipulates the premise that "the employer does not interfere with the normal operation of the contractor". If the contractor can’t carry out normal operation due to the improper behavior of the employer or the site representative or supervisor, the contractor has the right to ask for an extension of the construction period, which causes the contractor to stop work, rework, slowdown and other losses, and has the right to ask the employer to bear the liability for damages.
Article 278 Before concealed works are concealed, the contractor shall notify the employer to inspect them. If the Employer fails to make timely inspection, the Contractor may postpone the project date, and has the right to claim compensation for losses such as shutdown and slowdown.
[Interpretation] This article is about concealed works.
Concealed works refer to foundations and electrical pipelines. Water supply and heating pipelines and other projects that need to be covered and concealed. Due to the concealed works, if quality problems occur after concealment, they have to be covered and concealed again, which will cause great losses such as rework. In order to avoid the waste of resources and the losses of both parties, and ensure the quality of the project and the smooth completion of the project, this article stipulates that the contractor shall notify the employer to check before the concealed works are concealed, and the concealed works can only be carried out if the employer passes the inspection. In practice, when the project has the conditions of covering and concealing, the contractor shall first conduct self-inspection. After passing the self-inspection, he shall promptly notify the employer or the site representative stationed by the employer to check the conditions of the concealed project and participate in the operation of the concealed project before the concealed project is concealed. The notice includes the contractor’s self-inspection records, hidden contents, inspection time and place. After receiving the notice, the Employer or its accredited site representative shall arrive at the concealed site within the required time, and inspect the conditions of the concealed works. If the inspection is qualified, the Employer or its accredited site representative shall sign the inspection record, and the contractor can carry out the concealed construction only after the inspection is qualified. If the Employer finds that the concealed engineering conditions are unqualified, it has the right to require the Contractor to improve the engineering conditions within a certain period. The concealed works meet the requirements of the specification, and after the inspection by the Employer, the Employer or its representative stationed at the site refuses to sign the inspection record after the inspection.In practice, it can be considered that the employer has approved and the contractor can carry out concealed engineering construction.
If the employer fails to inspect the concealed engineering conditions on schedule after receiving the notice, the contractor shall urge the employer to inspect within a reasonable period of time. Because the employer does not carry out the inspection, the contractor cannot carry out the concealed construction, so if the contractor notifies the employer to carry out the inspection and the employer fails to carry out the inspection in time, the contractor has the right to suspend the construction. The contractor may postpone the construction period and require the employer to compensate for the losses caused by the shutdown, slowdown, backlog of materials and components.
If the contractor carries out concealed works without notifying the Employer for inspection, the Employer shall have the right to ask for inspection of the concealed works afterwards, and the contractor shall strip the exposed works as required, and re-conceal them after inspection or conceal them after repair. If the concealed works do not meet the requirements after inspection, the contractor shall rework and re-conceal. In this case, the expenses incurred in inspecting the concealed works, such as inspection expenses, rework expenses, material expenses, etc., shall be borne by the contractor, and the contractor shall also bear the liability for breach of contract due to the delay of the construction period.
Article 279 After the completion of a construction project, the developer shall make timely acceptance according to the construction drawings and specifications, the construction acceptance specifications and quality inspection standards issued by the state. Upon acceptance, the Employer shall pay the price as agreed and take over the construction project.
After the completion of the construction project is qualified, it can be delivered for use; Without acceptance or unqualified acceptance, it shall not be delivered for use.
[Interpretation] This article is about the provisions of the completion inspection and acceptance.
The completion acceptance of a construction project means that when the construction project has completed all tasks according to the design requirements and is ready to be delivered to the employer for use, the employer or the relevant competent department shall, in accordance with the provisions of the state on the completion acceptance system of the construction project, check and assess whether the project meets the design requirements and project quality standards. The completion acceptance of the construction project is the last procedure in the whole process of the project construction and the last important link to control the project quality.
In practice, after the completion of a construction project, the contractor shall provide complete completion data and completion acceptance report to the employer in accordance with the relevant provisions of the national project completion acceptance, and submit the completion drawings to the employer according to the date and number of copies agreed in the contract. The completion date shall be the date when the contractor submits the completion acceptance report, and if it needs to be modified to meet the completion requirements, it shall be the date when the contractor submits the repair and reconstruction to the Employer for acceptance.
After receiving the completion acceptance report, the Employer shall timely organize relevant departments to accept the project according to the construction drawings and specifications, the construction acceptance specifications and quality inspection standards issued by the state. The main contents of acceptance are. First, whether the project meets the prescribed quality standards for construction projects. The quality standards of construction projects include mandatory national standards and industrial standards formulated in accordance with the relevant provisions of laws and administrative regulations to ensure the quality and safety of construction projects, construction acceptance specifications issued by the state, special quality requirements for this construction project agreed in the construction project contract, and specific indicators and technical requirements on project quality put forward in engineering design documents, construction drawings and specifications to reflect the quality standards stipulated by laws and administrative regulations and the quality requirements agreed in the construction project contract. Second, whether the contractor has provided complete engineering technical and economic data. The engineering technical and economic data here should generally include the construction project contract, the approval documents of the construction land, the design drawings of the project and other relevant design documents, the factory inspection certificates and entry inspection reports of the main construction materials, building components and equipment used in the project; Report on application for completion acceptance and technical files related to engineering construction, etc. Third, whether the contractor has a construction project quality inspection certificate. After the project is completed and put into use, the contractor shall undertake the warranty responsibility for the quality of the construction project under construction within a certain period of time.So as to safeguard the legitimate rights and interests of users. Therefore, the contractor shall provide the quality warranty certificate of the construction project in accordance with the regulations, as a written certificate of its commitment to the user to undertake the quality warranty responsibility. Fourth, whether the project meets other completion conditions stipulated by the state. For example, according to the regulations of the administrative department of construction in the State Council, the comprehensive acceptance of the completion of urban residential quarters should also ensure that all individual projects such as residential and public supporting facilities and municipal public infrastructure are qualified and the acceptance materials are complete; The plane position, facade modeling and decorative color of various buildings meet the approved planning and design requirements; Construction tools, temporary works, building residual soil, and remaining components are all removed and transported away, so that the site can be cleared and leveled; Whether the greening requirements have been completed according to the greening design, and the trees are alive and the grass is green.
After acceptance, the Employer shall make approval or propose amendments in time. The contractor shall carry out repair or reconstruction according to the modification opinions put forward by the employer, and bear the cost of repair or reconstruction caused by its own reasons. In order to prevent the employer from delaying the acceptance for delaying the payment of the project funds, in practice, after receiving the completion acceptance report sent by the contractor, the employer fails to organize the acceptance without justifiable reasons, or within a reasonable period after the acceptance, it is deemed that the completion acceptance report has been approved, and the contractor may require the employer to go through the settlement procedures and pay the project funds. If the Employer fails to accept the project according to the date agreed in the contract, it shall bear the storage fee from the day after the last day of the contract period.
After the completion acceptance, the employer shall pay the price as agreed. In engineering construction practice, after the completion report is approved, the contractor shall submit a settlement report to the employer in accordance with the relevant provisions of the state or the time and method agreed in the contract, and handle the completion settlement. After receiving the settlement report, the Employer shall promptly give approval or propose amendments, send the appropriation notice to the handling bank to pay the project payment within the time stipulated in the contract, and send a copy to the Contractor. The contractor shall deliver the completed project to the Employer after receiving the project payment, and the Employer shall accept the project. In reality, in order to delay the payment of project funds, some employers delay the project settlement after acceptance. In practice, if the employer delays the settlement after receiving the completion report without justifiable reasons, it shall pay the contractor the interest of the project payment according to the highest interest rate of the construction enterprise’s loan to the bank for the same period, and bear other liabilities for breach of contract.
The construction project must be completed and accepted before it can be delivered; Construction projects that have not passed the completion acceptance or are determined to be unqualified after the completion acceptance shall not be delivered for use. If the employer uses the project without authorization before the completion inspection and acceptance, the employer shall be responsible for the quality problems.
Article 280 Where the quality of survey and design does not meet the requirements, or the survey and design documents are not submitted in time to delay the construction period, thus causing losses to the employer, the survey and design personnel shall continue to improve the survey and design, reduce or waive the survey and design fees, and compensate for the losses.
[Interpretation] This article is about the survey and designer’s responsibility for survey and design quality.
The survey of construction projects is responsible for providing geological data for the project construction. The surveyors of construction projects should carry out engineering survey, engineering geology and hydrogeology survey in accordance with the existing standards, norms, procedures and technical regulations, and submit survey results that meet the quality requirements in accordance with the schedule stipulated in the contract. The design of the construction project directly provides the technical basis for the project construction. The designer of a construction project shall put forward survey technical requirements and carry out design according to the design technical and economic agreement documents, design standards, technical specifications, regulations and quotas, and submit design documents (including budget documents and list of materials and equipment) that meet the quality requirements according to the schedule agreed in the contract.
The quality of survey and design is the basis of determining the quality of the whole construction project. If there are problems in the quality of survey and design, the quality of the whole construction project will not be guaranteed, so the survey and design of the project must meet the quality requirements. According to the provisions of this law and other relevant laws, the surveyors and designers of construction projects must be responsible for the quality of their survey and design, and the survey and design documents submitted by them shall meet the following requirements:
1. Comply with relevant laws and administrative regulations. Compliance with laws and administrative regulations here includes not only compliance with the provisions of this law, but also compliance with the provisions of the building law, urban planning law, land management law, environmental protection law and other relevant laws and administrative regulations.
2 in line with the quality and safety standards of construction projects. The quality and safety standards of construction projects here refer to the national standards and industry standards formulated in accordance with the standardization law and relevant administrative regulations to ensure the quality and safety of construction projects. The standardization law stipulates that standards should be formulated for technical requirements related to the safety of construction projects; At the same time, it is stipulated that national standards should be formulated for technical requirements that need to be unified nationwide. National standards shall be formulated by the administrative department of standardization of the State Council. Industry standards may be formulated for technical requirements that need to be unified within a certain industry in the country without national standards. National standards and industry standards are divided into mandatory standards and recommended standards. The standards for protecting human health and personal and property safety and the standards for compulsory execution stipulated by laws and administrative regulations are mandatory standards. Mandatory standards must be implemented. The national standards on the safety of construction projects are related to the protection of personal and property safety and are mandatory standards. The survey and design of the surveyor and designer must meet the requirements of the relevant national safety standards for construction projects and ensure the quality of their survey and design.
3. Conform to the technical specifications for survey and design of construction projects. Technical specifications for survey and design of construction projects are usually formulated and published in the form of standards. The survey and designer must comply with the mandatory standards for the survey and design specifications of construction projects. The survey documents of a construction project shall reflect the geological, topographical and hydrogeological conditions of the project, conform to the norms and regulations, and ensure that the survey scheme is reasonable, the evaluation is accurate and the data is reliable. The depth of the design documents of the construction project shall meet the technical requirements of the corresponding design stage, the construction drawings shall be matched, the details shall be clearly explained, and the annotation shall be clear and complete.
4. Comply with the contract. The survey and design documents shall also meet the special quality requirements stipulated in the survey and design contract on the premise of complying with the provisions of laws and administrative regulations and relevant quality and safety standards.
If the survey and design documents submitted by the surveyors and designers do not meet the above requirements, according to the provisions of this article, the Employer may request the surveyors and designers to bear the following liabilities for breach of contract: continue to improve the survey and design, reduce or waive the survey and design fees, and compensate for losses. It should be pointed out that if the survey and design quality is only slightly defective, the Employer may request the surveyor and designer to continue to improve the survey and design; if the surveyor and designer are not capable of completing the survey and design work that meets the requirements or the submitted survey and design quality is seriously not in conformity with the agreement, the Employer may terminate the contract and entrust other surveyors and designers to complete the survey and design work. If the survey and design do not conform to the agreement and cause engineering quality problems, the surveyor and designer shall bear the corresponding liability for compensation.
If the surveyor or designer fails to submit the survey and design documents within the time limit agreed in the contract, the Employer may urge the surveyor or designer to submit the survey and design documents as soon as possible. If the delay in the survey and design documents causes losses to the Employer, the Employer may request the surveyor or designer to compensate for the losses. If the surveyor or designer fails to submit the survey and design documents within a reasonable period after the reminder, which seriously affects the progress of the project, the employer may terminate the contract and entrust other surveyors and designers to complete the survey and design work.
Article 281 Where the quality of a construction project is not in conformity with the contract due to the builder’s reasons, the developer has the right to require the builder to repair, rework or rebuild it free of charge within a reasonable period of time. If the delivery is delayed after repair, rework or reconstruction, the constructor shall bear the liability for breach of contract.
[Interpretation] This article is about the provisions of the constructor’s responsibility for the quality of construction projects.
The construction of a construction project refers to the construction of a construction project entity through construction work according to the requirements of the design documents and construction drawings of the project. Under the condition that there is no problem in the quality of construction survey and design, the quality of the whole construction project ultimately depends on the construction quality. The construction quality mentioned here includes the quality of civil engineering in all kinds of projects, as well as the installation quality of supporting lines, pipelines and equipment. According to the provisions of this article, the builder of a construction project is responsible for the construction quality of the project. In reality, many quality problems of construction projects are related to the construction of construction projects. Small construction problems, such as roof leakage, wall cracking and pipeline blockage, bring great inconvenience to users; Big quality problems will lead to vicious accidents of personal injury and heavy property losses. Therefore, the builder of a construction project must be responsible for the safety of the state and people’s property, carry out the construction in strict accordance with the engineering design documents and technical standards, strictly control the quality, and do a good job in the quality control and management of the project construction.
In order to ensure the construction quality of the project, the builder of the construction project must strictly follow the engineering design drawings and construction technical standards, and shall not cut corners. Engineering design drawings are the final results of the design work made by the construction design unit according to the requirements of engineering functions and quality, among which the construction drawings are detailed drawings and descriptions of the size, layout, materials selection, structure, interrelationships, construction and installation quality requirements of buildings, equipment, pipelines and other engineering objects of construction projects, and are the direct basis for guiding construction. All construction activities of construction projects, including civil engineering construction, water supply and drainage system construction, heating and heating system construction, etc., must be carried out in accordance with the requirements of the corresponding construction drawings. In addition to strictly following the engineering design drawings, the builder of a construction project must also carry out the construction in accordance with the requirements of technical standards for construction projects. Construction technical standards are the technical basis for construction workers to carry out every construction operation, including the provisions on various construction preparations, construction operation process and quality requirements to be achieved. Judging from the reality, the behavior of cutting corners in engineering construction is a common fault that causes the quality of construction projects and an important reason for major quality accidents. The so-called "stealing work" refers to the act of reducing the workload without following the construction process specified in the construction technical standards. The so-called "material reduction"It refers to the act of reducing the quantity and quality of building materials without authorization in violation of the provisions of design documents and construction technical standards in engineering construction. Therefore, the builder shall not cut corners in the construction except in strict accordance with the engineering design drawings and construction technical standards.
All the quality problems caused by construction should be borne by the constructor. These responsibilities include civil liabilities such as repairing, reworking or rebuilding the project with quality problems and paying compensation for losses; The administrative responsibility of the relevant administrative organs to give administrative punishment to illegal builders according to law; And those who cause major quality accidents and constitute a crime shall be investigated for criminal responsibility by judicial organs in accordance with the provisions of the Criminal Law. This article stipulates the civil liability that the constructor shall bear because the construction quality does not conform to the agreement. If the quality of the project does not meet the agreed requirements due to the builder’s reasons, the employer may request the builder to repair, rework or rebuild the project for free within a reasonable period of time to meet the agreed quality requirements. If the delivery of the project is delayed after repair, rework or reconstruction, the constructor shall bear the liability for breach of contract for overdue delivery. The liability for breach of contract here includes compensation for the losses suffered by the employer due to overdue delivery, payment of liquidated damages to the employer according to the agreement, reduction of the price, execution of deposit penalty, etc. The Employer may, according to the degree of breach of contract and loss of the constructor, reasonably choose to request the constructor to undertake the above-mentioned liabilities for breach of contract.
Article 281 If the construction project causes personal injury or property damage within the reasonable use period due to the contractor’s reasons, the contractor shall be liable for damages.
[Interpretation] This article is about the contractor’s responsibility for quality assurance within the reasonable use period of the construction project.
According to the provisions of this chapter, the contractor is responsible for the quality of the whole project, and of course should also be responsible for the quality and safety of the construction project during its reasonable use. According to the provisions of this article, the contractor shall meet the following conditions to bear the liability for damages:
1. The personal and property damage caused by the construction project due to the contractor. The contractor of a construction project shall earnestly fulfill the obligation of project quality assurance in accordance with the provisions of the law. The surveyor of a construction project shall provide accurate relevant engineering geological data for the construction project; The designer of a construction project shall carry out the design in accordance with the relevant laws, regulations and design specifications to ensure the quality and safety of the project, and ensure the safety and reliability of the design of the construction project; The builder of a construction project must carry out the construction in strict accordance with the engineering design and construction technical standards, and shall not use unqualified building materials, and shall not have any behavior of cutting corners. If any party fails to perform the legal quality assurance obligations, resulting in the quality and safety problems of the project, the contractor shall bear legal responsibility. If personal and property damage is caused by reasons not attributable to the contractor, such as improper use by users, the contractor shall not be liable. In reality, if some employers illegally contract out contracts, such as illegally driving down prices and accepting kickbacks to select contractors who do not have the corresponding qualifications, and the quality accidents caused thereby cause personal and property damage to others, the employers shall also bear corresponding responsibilities.
2. Personal and property damage occurred within the reasonable use period of the construction project. Construction projects, once completed, will generally be used for a long time, which requires that there should be no quality problems that endanger the safety of use within the reasonable use period of construction projects, otherwise it will pose a threat to the safety of people and property, and the contractor shall be liable for damages if personal and property damage is caused within the reasonable use period. Therefore, it is first necessary to determine the "reasonable use period", that is, the responsibility period during which the contractor of the construction project bears the quality responsibility for its construction products. Generally, this reasonable period starts from the time of delivery to the Employer. However, unlike the producers of general products who are liable for damages for the quality defects of their products, the longest liability period is not more than 10 years since the products are delivered to the original users. The contractor of a construction project should be responsible for the quality and safety of the whole project within the reasonable use period of the construction project. There is no specific provision in this law on the period of reasonable use. This needs to be judged by the relevant technical departments according to the different conditions of various construction projects, such as building structure, use function, natural environment and other factors. According to the General Principles of Civil Building Design (Trial) formulated by the relevant authorities in the State Council, the durability of buildings determined by the main structure of civil buildings is divided into four levels: the first-class durability is more than 100 years, which is suitable for important buildings and high-rise buildings.(refers to residential buildings with more than 10 floors, public buildings and comprehensive buildings with a total height of more than 24 meters); The secondary durability is 50 to 100 years, which is suitable for general buildings; The third-class durability is 25-50 years, which is suitable for secondary buildings; Class IV durability is less than 15 years, which is suitable for temporary buildings. That is to say, in addition to temporary buildings, the reasonable service life of civil buildings should be at least 25 years, during which the safe use of buildings must be ensured. If the construction project has passed the reasonable use period, it is not allowed to continue to be used in principle. If the user continues to use it, the contractor will not be liable for damages caused by the construction project.
3. Caused personal and property damage. The injured party here not only refers to the other party to the construction project contract, that is, the employer, but also includes the end user of the construction project and other people who suffer from the construction project.
According to the provisions of this article, if a quality accident of a construction project is caused by the contractor, resulting in personal and property damage, the contractor shall be liable for compensation. If it causes personal or property damage to the employer, the employer may choose to request the contractor to bear the liability for breach of contract or tort.
Article 283 Where the developer fails to provide raw materials, equipment, site, funds and technical data in accordance with the agreed time and requirements, the contractor may postpone the project date and have the right to claim compensation for losses such as work stoppage and slowdown.
[Interpretation] This article is about the liability for breach of contract when the employer fails to provide raw materials, equipment, venues, funds and technical data according to the agreed time and requirements.
If it is agreed in the project contract that the employer shall provide raw materials, equipment, site, funds and technical data, the employer shall provide the contractor with the qualification certificates of raw materials, equipment and their products required for construction according to the agreed list of types, specifications, quantities, unit prices, quality grades and the time and place of provision. The contractor and the employer shall jointly inspect and accept the raw materials and equipment, which shall be properly kept by the contractor, and the employer shall pay the corresponding storage fees. For materials that must be tested before they can be used, the contractor shall conduct tests such as flame measurement and toxic reaction in accordance with the agreement. Do not have the test conditions, can entrust a professional organization to test, the cost shall be borne by the employer. If the types, specifications, models and quality grades of raw materials and equipment provided by the Employer do not conform to the agreement after inspection, the Contractor has the right to refuse to accept and keep them, and may require the Employer to transport them out of the construction site and replace them. If the Employer fails to provide raw materials and equipment in accordance with the agreed time, the Contractor may suspend the construction and postpone the construction period, and the Employer shall be liable for damages if the Contractor stops work and slows down the work.
Where the site is provided by the employer, the employer shall provide the contractor with the site for the contractor’s construction, operation, transportation and stacking of materials and equipment as well as the surrounding sites (including all passages) involved in the construction work in accordance with the contract. The specific work includes: 1. Before the contractor starts work, the employer shall timely go through the declaration procedures for relevant documents, certificates and temporary land use, including land requisition and lease within the project address and temporary facilities, application for construction permit and permit for occupying roads, blasting and temporary railway special branch line. 2. Determine the positioning stakes, leveling points and coordinate control points of construction projects and related roads, lines and sewers. 3. Before providing the site, the employer shall remove all obstacles affecting the contractor’s construction in the construction site, and provide the contractor with water, electricity, heat, telecommunications and other pipeline lines needed for the construction to ensure the needs of the contractor during the construction period. If the Employer fails to provide a site suitable for work, which prevents the Contractor from carrying out the work, the Contractor has the right to require the Employer to remove obstacles, postpone the construction period and suspend the work, thus causing the Contractor to stop work and lose work, and the Contractor may require the Employer to bear the liability for damages.
If the employer provides the funds needed for the project construction, the employer shall pay the contractor at the agreed time and amount. The funds here generally refer to the project funds. In reality, the project payment provided by the employer includes two types: advance payment and payment according to the progress of the project, which can be specifically agreed by both parties in the construction project contract. If the construction project contract stipulates that the employer shall prepay the project payment, the employer shall prepay the project payment to the contractor according to the agreed time and amount, and deduct it one by one according to the time and proportion agreed in the contract after the construction starts. If the Employer fails to prepay the project payment in accordance with the contract, the Contractor may issue a notice to the Employer to prepay the project payment, and if the Employer still fails to prepay the project payment as required after receiving the notice, the Contractor may stop working and postpone the construction period, and the Employer shall pay the interest payable to the Contractor from the date of payment, and compensate the losses caused by the contractor’s shutdown and slowdown. If the construction project contract stipulates that the employer shall pay according to the progress of the project, the employer shall pay the project payment according to the progress agreed in the contract. In practice, after the agreed part of the project is completed, the employer will confirm the engineering quantity, calculate the project price according to the unit price and charging standard of the corresponding project that constitutes the contract price, and pay it after being signed by the employer. If the Employer fails to pay the project payment as required within a reasonable period after signing the calculation result, the contractor may send a notice of payment to the Employer.If the Employer still fails to pay the project payment according to the requirements after receiving the notice, the Contractor may stop working and postpone the construction period, and the Employer shall pay the interest of the payable price to the Contractor from the date of payment, and compensate the losses caused by the contractor’s shutdown and slowdown.
Where the Employer provides the technical data related to the project construction, the Employer shall provide the contractor with the technical data that meet the agreed requirements according to the time and number of copies agreed in the contract. The technical data here mainly include survey data, design documents, construction drawings and instructions. Because according to the provisions of laws and administrative regulations, the contractor must carry out the construction in accordance with the quality standards, technical regulations and technical data such as design drawings and construction drawings stipulated by the state. If the employer fails to provide technical data as agreed, the contractor will not be able to work normally. In this case; The contractor may require the employer to provide the technical data necessary for the construction work within a reasonable period of time, and has the right to suspend the work, postpone the construction period, and have the right to require the employer to bear the losses caused by the contractor’s shutdown and slowdown.
Article 284 Where the project is stopped or postponed due to the employer’s reasons, the employer shall take measures to make up for or reduce the losses, and compensate the contractor for the losses and actual expenses caused by work stoppage, slowdown, reverse shipment, relocation of machinery and equipment, and backlog of materials and components.
[Interpretation] This article is about the provisions on the responsibilities that should be borne by the employer for stopping or delaying the construction of the project.
In the process of project construction, the employer shall perform his obligations in accordance with the contract, provide necessary conditions for the contractor’s construction work and ensure the smooth progress of the project construction. If the project construction cannot be carried out according to the agreed schedule due to the reasons of the Employer, the contractor may stop or postpone the construction. "Because of the Employer" here generally refers to the following situations in practice: 1. The Employer changes the engineering quantity; 2. The design documents and other technical data provided by the Employer are wrong or the Employer changes the design documents; 3. The Employer fails to provide construction materials, equipment or project progress payment in time as agreed; 4. The Employer fails to timely accept the conditions of intermediate works and concealed works and handle the relevant completion procedures; 5. The employer cannot guarantee the working conditions required for the construction work in accordance with the contract, so that the work cannot be carried out normally, and so on. In the event that the project construction cannot be carried out normally due to the above reasons, the contractor may stop, postpone or postpone the construction period, and notify the Employer in time. The contractor shall take reasonable measures to reduce and avoid losses during the suspension and delay of construction, properly protect the completed project and do a good job in the protection and handover of purchased materials and equipment, and evacuate its own machinery and personnel from the construction site. The employer shall provide necessary conditions for the withdrawal of the contractor. The contractor shall report the economic expenses and other actual expenses incurred in the process of stopping construction or delaying construction to the employer.
If the employer stops or delays the construction of the project due to its own reasons, the employer shall bear the liability for breach of contract. First of all, the employer shall take necessary measures to make up for or reduce the losses, and at the same time, it shall remove obstacles so that the contractor can resume the construction work as soon as possible. If the contractor finds errors and irrationalities in the design during the construction, it shall notify the employer, who shall, after receiving the notice, study with the designer and other relevant units in time to determine the modification opinions or change the design, and send the revised design documents to the contractor in time. The employer shall also compensate the contractor for the losses during the period of suspension or delay of construction, including the losses caused by suspension, slowdown, transshipment, relocation of machinery and equipment, and the backlog of materials and components and the actual expenses.
Article 285 Where the survey and design are reworked, stopped or the design is modified due to the employer’s change of plans, inaccurate information provided, or failure to provide necessary survey and design working conditions within the time limit, the employer shall increase the fees according to the workload actually consumed by the surveyor and designer.
[Interpretation] This article is about the responsibility for the rework, shutdown or modification of survey and design due to the reasons of the Employer.
In an engineering survey and design contract, the employer shall provide the surveyor and designer with the basic data and technical requirements needed to carry out the survey and design work in accordance with the contract, and be responsible for the time, progress and reliability of the data provided.
Commissioned survey, before the survey work, it should be clear about the technical requirements and survey stage to the surveyor, provide the basic survey data and drawings needed for the survey work on time and meet the basic requirements for the surveyor to prepare the outline and the project budget. Before the survey, the employer shall prepare all kinds of materials on time according to the materials plan put forward by the surveyor and bear the expenses. The employer shall provide necessary conditions for the surveyor to carry out his work, including sending personnel to assist the surveyor in working contact with relevant departments, and create and solve the conditions for the surveyor in time. Such as land acquisition, removal of obstacles, leveling the construction site, repairing roads, connecting power supply and water supply, etc., and bear the costs; Prepare living and working conditions such as accommodation, office and so on for the surveyors according to the contract.
If the design is entrusted, the employer shall provide the designer with the basic data and technical requirements of the design in accordance with the contract. Before the preliminary design, the employer shall provide the designer with the approved feasibility study report, site selection report, agreement documents on raw materials (or approved resource report), fuel, water, electricity and transportation, survey data that can meet the requirements of the preliminary design, and technical data that need to be obtained through scientific research; Before the construction design, the employer shall provide the approved preliminary design documents, survey data, construction conditions and technical data of relevant equipment that can meet the design requirements of the construction drawing. At the same time, the employer shall provide necessary working and living conditions for the designers when they enter the site for work, so as to ensure their normal work.
Where the Employer provides relevant technical data to the surveyor and designer, the Employer shall be responsible for the quality and accuracy of the technical data.
If the Employer changes the survey and design project, scale and conditions and needs to conduct survey and design again, it shall promptly notify the surveyor and designer. After receiving the notice, the surveyor and designer shall rework or modify the design and have the right to postpone the construction period. The Employer shall rework according to the actual workload consumed by the surveyor and designer, and pay the survey fee and design fee accordingly.
If the surveyor and designer find that the technical data provided by the employer is inaccurate in their work, they shall notify the employer to modify the technical data and provide accurate technical data within a reasonable period of time. If the survey and design work cannot be carried out normally due to serious errors in the technical data, the surveyor and designer have the right to stop work and postpone the construction period before the employer provides the technical data again, and the losses caused by the stop work shall be borne by the employer. Where the technical data re-provided by the Employer have been significantly modified, and the surveyor and designer need to rework or modify the design, the surveyor and designer shall conduct the survey and design work according to the new technical data, and the Employer shall pay the survey fee and design fee accordingly according to the actual workload consumed by the surveyor and designer.
If the Employer fails to provide the working conditions required for the survey and design work in accordance with the contract, the surveyor and designer shall notify the Employer to provide them within a reasonable period. If the Employer fails to provide the necessary working conditions, the surveyor and designer shall have the right to stop work and postpone the construction period, and require the Employer to bear the losses during the period when the surveyor and designer stop work.
Article 286 Where the developer fails to pay the price as agreed, the contractor may demand the developer to pay the price within a reasonable time. If the employer fails to pay within the time limit, the contractor may agree with the employer to discount the project or apply to the people’s court to auction the project according to law, except that it is not suitable for discount or auction according to the nature of the construction project. The price of a construction project shall be given priority in compensation for the discount or auction price of the project.
[Interpretation] This article is about the responsibility of the employer for not paying the project price.
After the completion of the project construction, the Employer shall make final accounts of the project in the way and within the time limit agreed in the contract, pay the price, and accept the project after paying the price to the contractor. In practice, after the completion of a construction project, the contractor shall provide the complete completion data and the completion acceptance report to the employer in accordance with the relevant provisions of the national project completion acceptance. After receiving the completion acceptance report, the Employer shall timely organize relevant departments to accept the project according to the construction drawings and specifications, the construction acceptance specifications and quality inspection standards issued by the state. After the completion acceptance, the employer shall pay the price as agreed. In the practice of engineering construction, when the completion report is approved, the contractor shall submit a settlement report to the employer in accordance with the relevant provisions of the state or the time and method agreed in the contract, and handle the completion settlement. After receiving the settlement report, the Employer shall make approval or propose amendments in time, send the appropriation notice to the handling bank to pay the project payment within the time stipulated in the contract, and send a copy to the Contractor. The contractor shall deliver the completed project to the Employer after receiving the project payment, and the Employer shall accept the project. If the employer fails to pay the price as agreed, the contractor may urge the employer to pay the price within a reasonable period of time and bear the liability for breach of contract for overdue payment.
From the early 1990s to the present, with the rapid growth of investment scale in fixed assets, the phenomenon of arrears in project payment has increased greatly. In many areas, the amount of arrears of project funds is huge, and some projects have no time limit. The problem has become quite prominent, which not only seriously affects the production and operation of construction enterprises, restricts the development of construction enterprises, but also affects the progress of project construction and restricts the improvement of investment efficiency. In order to truly solve the problem of arrears in project payment and guarantee the realization of the contractor’s price claim, this article stipulates that if the employer fails to pay the price as agreed and fails to pay within a reasonable period after being urged by the contractor, the contractor may negotiate with the employer to discount the project, or apply to the people’s court to auction the project according to law. The price of a construction project shall be given priority in compensation for the discount or auction price of the project. The contractor shall pay attention to the following points when exercising the priority of compensation in accordance with the provisions of this article:
1. If the Employer fails to pay the price, the Contractor shall not immediately discount or auction the project, but shall urge the Employer to pay the price within a reasonable period. If the employer has paid the price within the time limit, the contractor can only ask the employer to bear the liability for breach of contract such as paying the agreed liquidated damages or paying overdue interest and compensating other losses. If the Employer still fails to pay the price within a reasonable period after the demand, the contractor can discount or auction the project to give priority to compensation.
2. The contractor shall follow certain procedures when discounting or auctioning the project according to law. If the employer discounts the project, it shall reach an agreement with the employer to determine a certain price with reference to the market price and transfer the ownership of the project from the employer to the contractor, so as to realize the contractor’s price creditor’s right. If the contractor fails to reach a discount agreement with the employer and adopts the auction method, it shall apply to the people’s court to auction the project according to law. The contractor shall not entrust an auction company or auction the project by itself.
3. If the project discount or the price obtained after auction exceeds the amount payable by the Employer, the excess shall be owned by the Employer; If the discount or auction proceeds are not enough to pay off the contractor’s creditor’s rights, the contractor may request the employer to pay the insufficient part.
4. According to the provisions of this article, the contractor cannot discount or auction the project according to its nature. If the ownership of the project does not belong to the employer, the contractor shall not discount the project. For example, national key projects and projects with specific purposes should not be discounted or auctioned.
Article 287 Where there are no provisions in this chapter, the relevant provisions of the contract shall apply.
[Interpretation] This article is about the application of the contract.
The construction project contract belongs to the contract to complete the work in nature. The contract to complete the work is a large type of contract developed on the basis of the traditional civil law contract, which generally includes the contract of contract, technical service and technical development contract. Traditional contracting contracts generally include contracting and construction engineering contracts. In some countries, contracting is stipulated in special chapters in civil codes, and construction engineering is also included in the norms. Article 18 and Article 19 of China’s Economic Contract Law respectively stipulate the construction project contract and the processing contract. When drafting the contract law, considering the integration of economic contract law, foreign-related economic contract law and technical contract law, the well-known contracts stipulated in the economic contract law should be retained and stipulated in a special chapter. China’s economic contract law has regarded the construction project contract as a new kind of contract different from the contracting contract. At the same time, considering that the construction project is different from other work, it has some characteristics different from the general contract. Therefore, in chapter 15, the contracting contract is stipulated, and in chapter 16, the construction project contract is stipulated. According to the provisions of this law, a contract of contract is a contract in which the contractor completes the work and delivers the work results according to the requirements of the ordering party, and the ordering party pays the remuneration. Contracting includes processing, customization, repair, printing, advertising, reproduction, testing and inspection. A construction project contract is a contract in which the contractor carries out the project construction and the employer pays the price. The main body of a construction project contract is the employer and the contractor.The subject of a construction contract is a construction project, including the construction of houses, highways, railways, bridges, tunnels and reservoirs. The construction project contract was originally a kind of contract, which belongs to the contract to complete the real estate project. Contract and construction project contract also have the same characteristics as general contract: if they are both promissory contracts, bilateral contracts and paid contracts, they all aim at completing certain work, and their targets are specific. Therefore, this article stipulates that if there are provisions in this chapter but not in this chapter, these provisions in the contract can be applied according to the nature of the construction project contract. The employer in the construction project contract is equivalent to the ordering party in the contract, and the contractor is equivalent to the contractor in the contract.
After comparing this chapter with the contract chapter, we can generally see that the following clauses are not stipulated in this chapter but are stipulated in the contract:
Article 255 of the Contract Law stipulates: "If the contractor provides materials, the contractor shall select the materials in accordance with the agreement and accept the inspection by the ordering party."
According to the provisions of this article, if the parties agree in the construction project contract that the contractor shall provide materials, components and equipment, and the time, quantity and quality of providing materials, components and equipment, the contractor shall prepare materials, components and equipment as agreed. When preparing materials, components and equipment, the contractor shall also prepare relevant materials, such as invoices, quality specifications and other documents. After the contractor has prepared the materials, components and equipment, it shall promptly notify the employer for inspection, and truthfully provide invoices and documentation of quantity and quality. After receiving the notice, the Employer shall timely inspect the materials, components and equipment, and carefully check the materials, components and equipment provided by the Contractor and relevant documents. If the quantity and quality of materials, components and equipment in the contract are agreed, and the Employer thinks that the materials, components and equipment selected by the Contractor conform to the agreement, it shall inform the Contractor or confirm in writing according to the requirements of the Contractor. Upon inspection, if the Employer finds that the quantity of materials, components and equipment is short, it shall promptly notify the Contractor to make up for it. If the Employer finds that the quality of materials, components and equipment is not in conformity with the agreement, it shall promptly notify the Contractor to replace them, and the expenses incurred therefrom shall be borne by the Contractor.
Article 256 of the Contract Law stipulates: "Where the ordering party provides the materials, the ordering party shall provide the materials as agreed. The contractor shall timely inspect the materials provided by the ordering party, and if it finds that the materials are not in conformity with the contract, it shall immediately notify the ordering party to replace, supplement or take other remedial measures. "
The contractor shall not replace the materials provided by the ordering party without authorization, and shall not replace the parts that do not need to be repaired.
According to the provisions of this article, in the construction project contract, the parties may agree that the employer shall provide materials, components and equipment. The employer shall provide the contractor with materials, components and equipment in the agreed quantity and quality at the time agreed in the contract. When the Employer provides materials, components and equipment, the Contractor shall immediately inspect them. If the materials, components and equipment provided by the Employer conform to the agreement after inspection by the Contractor, the Contractor shall confirm and notify the Employer. If, after inspection, the number of materials, components and equipment provided by the Employer is insufficient, the Contractor shall notify the Employer to make up for it; If the quality of materials, components and equipment provided by the Employer do not conform to the agreement, the Contractor shall promptly notify the Employer to replace them to meet the contract requirements. If the materials, components and equipment provided by the Employer conform to the agreement after inspection, the Contractor shall properly keep the materials, components and equipment and complete the construction work with them, and shall not replace them without authorization.
Article 257 of the Contract Law stipulates: "If the contractor finds that the drawings or technical requirements provided by the ordering party are unreasonable, it shall promptly notify the ordering party. If the hirer causes losses to the contractor due to reasons such as delay in reply, it shall compensate for the losses. "
According to the provisions of this article, if the contractor finds that the drawings or technical requirements provided by the employer are unreasonable before or during the construction work, that is to say, it is difficult to produce a construction project that conforms to the contract according to the drawings or technical requirements, in this case, the contractor shall promptly notify the employer of the situation. After receiving the notice from the contractor that the drawings or technical requirements are unreasonable, the employer shall immediately take measures to modify the drawings and technical requirements.
Article 265 of the Contract Law stipulates: "The contractor shall properly keep the materials provided by the ordering party and the finished work products. If the materials are damaged or lost due to improper keeping, the contractor shall be liable for damages."
According to the provisions of this article, after the Employer provides materials, components and equipment according to the contract, the Contractor has the obligation to properly keep the materials, components and equipment provided by the Employer, maintain the quality status of the materials, components and equipment, and prevent abnormal loss of materials, components and equipment, thus ensuring the quality of the project. Before the project is delivered, the contractor shall properly keep the project. If the contractor fails to properly keep the materials, components and equipment or the project is damaged or lost, the contractor shall be liable for damages.
Article 266 of the Contract Law stipulates: "The contractor shall keep secrets according to the requirements of the ordering party, and shall not keep copies or technical materials without the permission of the ordering party."
According to the provisions of this article, the contractor has the obligation of confidentiality. The contractor’s duty of confidentiality is embodied in the fact that if the contractor knows the business secrets of the employer in the process of concluding the contract, the contractor shall keep them confidential and shall not disclose them or use them improperly. After the completion of the construction project, the contractor shall return the confidential drawings and technical data to the Employer. Without the permission of the Employer, the contractor shall not keep the drawings and other technical data.

headline

The most expensive in history! Watching the Super Bowl, the parking fee may be as high as 40,000 yuan …

【CBS】The 56th Annual Major League Football Championship, also known as the "Super Bowl", started in Los Angeles on the 13th local time. In the end, the Los Angeles Rams won the Super Bowl. At present, the local food prices from accommodation, transportation, security, to watching the game are rising, and the media expects this to be the most expensive "Super Bowl" in American history.

Although the ticket price has dropped after the surge, the transportation, accommodation and security costs are still high. The reporter learned that the average price of local hotels and accommodation reached 445 US dollars per night, which is the second highest price in the history of the "Super Bowl", about 3,000 yuan. The local media in Los Angeles reported that there are advertisements showing that parking near the competition venues may cost as much as 7,000 US dollars (about 44,000 yuan).

Spot News

1. The federal court reinstated the grey wolf conservation law, saying that it was still facing the crisis of "being on the verge of extinction".

[Comprehensive News]After former President Trump removed the gray wolf from the list of protected animals, many activists protested, and now there is finally a turning point. Judge White of the Federal Court for the Northern District of California ruled that the decision to remove the gray wolf from the list of protected animals was ill-considered and reversed the previous government’s regulations.

White pointed out that although the gray wolves in the Great Lakes and the northern Rocky Mountains have been successfully rehabilitated, the Fish and Wildlife Service of the United States has not considered that the gray wolves outside these areas still face great survival threats. Since Trump announced the removal of grey wolf conservation, the frequency of hunting grey wolves in some areas has soared. Last year, it was even reported that a hunter in Wisconsin killed 200 wolves within 60 hours, exceeding the state’s upper limit of 119, forcing the authorities to announce the early end of the hunting season.

2. The closure of demonstrations at individual border ports in Canada ended. Senior officials said that they would consider using the emergency law.

[Comprehensive News]On February 13th, local time, the Canadian police took enforcement action at some ports that were blocked by demonstrators who opposed epidemic prevention restrictions for many days on the Canada-US border. Among them, Ambassador Bridge Port, as one of the important logistics channels between Canada and the United States, reopened in the middle of the night. Demonstrators who have occupied the core area of the capital Ottawa for 17 days have initially reached a compromise with the municipal government.

Canadian Federal Emergency Preparedness Minister Blair confirmed in interviews with different TV media on the 13th that the federal government has discussed the possibility of using the Emergency Law to deal with the continuous large-scale demonstrations in the capital. The Canadian government has never actually used this law in the past. However, demonstrations continue in many parts of the country. At two Canadian-American border crossings, Coutts in Alberta and Emerson in Manitoba, the demonstrations continued to be blocked.

3. The injured party accepts the compensation agreement of 2.7 billion yuan for boy scout sexual abuse.

[Associated Press]Boy Scouts of America reached a compensation agreement for victims of sexual abuse, which has been supported by the Survivors’ Committee representing 82,200 claimants, and it is expected to pave the way for ending the biggest bankruptcy reorganization case of boy scouts involving child sexual abuse. When the Boy Scouts filed for bankruptcy reorganization two years ago, they proposed a plan to compensate the victims of sexual abuse for 2.7 billion yuan. However, due to criticism, they did not get wide support, and it was difficult for the bankruptcy application to pass the court.

The Boy Scout’s compensation plan must be supported by 75% survivors of sexual abuse before it can be accepted by the bankruptcy court, otherwise it will be easy to face judicial challenges. However, the support rate of the compensation plan last month was 73.6%, and now it is very important to get the support of the Survivors’ Committee. The new compensation plan adds a compensation trust for survivors of sexual assault, which can be considered separately by independent claimants, and survivors of severe sexual assault can get more compensation according to their injuries. The law firm that helped reach an agreement said that the compensation trust will strive for more funds.

4. Defending "harm reduction" The Federation emphasizes: no safe syringes are provided for drugs.

[Comprehensive News]The Biden administration announced yesterday that the publicity program aimed at preventing illegal drugs will not provide funds for crack, amphetamines and other drug users to obtain safe syringes. Health Minister Xavier Becerra and White House Drug Policy Advisor Rahul Gupta issued a joint statement saying that there will be no federal funds to provide syringes for safe drug users directly or by applying for reimbursement.

The scale of the federal program aimed at preventing illegal drug addicts from diseases, injuries and other collateral injuries reached 30 million yuan, and social service organizations and local governments applied for "harm reduction" funding subsidies last week; Specific measures of "harm reduction" include providing specific space for drug users to inject drugs, but they should be supervised to prevent drug overdose.

5. Failing to repair the automatic mail sorter, the IRS lost nearly 500 million interest in three years.

[Associated Press]The report of the inspector general of the State Administration of Taxation (IRS) pointed out that the IRS did not repair the faulty automatic mail sorter, so employees had to manually sort tax letters, which greatly slowed down the acceptance speed and caused the federal government to lose nearly 500 million yuan in interest from 2019 to 2021. According to the investigators, these machines, called "SCAMPS", play an important role in the tax refund processing system of the IRS. These machines are responsible for automatically distinguishing which envelopes contain taxes, so that the IRS can quickly accept and deposit the money.

However, these machines have been used for 20 years and have been in disrepair for a long time, often missing letters with Huijin; The IRS staff had to turn off the machine and rely on manual sorting and searching for letters, but the processing flow also slowed down. Kenneth Corbin, head of the Department of Wages and Investment of the State Administration of Taxation, asked to replace the machine before December 15, 2024; However, with a monthly loss of 10 million yuan, the United States may lose more than 350 million yuan.

6. The children of "inherited admission" alumni of prestigious schools were criticized for the "unfair cycle" and urged to abolish it.

[Associated Press] From the campus to the Congress, there is a growing call from all walks of life for top universities to abolish their preference for enrolling alumni children. When the children of top university alumni apply to study, the university will give them priority points. This practice is called "legacy admission", which has been practiced for decades. Critics accuse it of giving the least needed students an unfair advantage.

It is reported that Ivy League students are putting pressure on the school to give up the inheritance admission policy. Hundreds of students and alumni from 30 universities vowed to oppose this policy, so they no longer donated money to the school. Many prestigious schools defend the inheritance of admission. Senior officials of Harvard and other schools pointed out that the status of alumni children is only one of many factors to consider in admission applications. School grades, academic test scores and achievements in extracurricular activities all affect admission, and alumni children only give some students a slight advantage at best.

7. A new drug for the treatment of COVID-19 was authorized for emergency use in the United States. The US Drug Administration: New drugs cannot replace vaccination.

[Comprehensive News]The US Food and Drug Administration recently granted an emergency authorization for the use of a monoclonal antibody drug that can be used to treat the infection of mutant Covid-19 Omicron strain. The US Drug Administration issued a communique on the 11th, saying that this new drug, named bebtelovimab, developed by Eli Lilly, USA, is authorized to treat adults with mild to moderate diseases and adolescent COVID-19 patients who meet certain conditions, but not COVID-19 patients who have been hospitalized or need oxygen therapy.

According to the communique, this monoclonal antibody drug needs intravenous injection, and it can reduce the risk of hospitalization and death caused by Covid-19 infection by combining with the spike protein on the surface of Covid-19. The FDA stressed that this new antiviral drug cannot replace vaccination, and people who meet the vaccination conditions should also be vaccinated with COVID-19 vaccine.

8. The jiaozi Eating Competition was held in Moscow Restaurant, and the winner received a prize of 500,000 rubles.

When the whole world is paying attention to the Beijing Winter Olympics, a Moscow chain named "Cary jiaozi Restaurant" decided to hold a jiaozi Eating Competition. According to the Moscow Evening News reported on the 12th, Kari jiaozi Restaurant announced on the Internet that the first "Kari jiaozi" eating competition will be held in Moscow from February 15th to March 13th.

The competition is divided into two stages, and at present, 130 people have signed up. In the first stage of qualifying, participants were required to eat as many Cary jiaozi as possible within one minute, and the final was extended to two minutes. The winner will get a prize of 500,000 rubles (about 40,000 RMB), the second one will get the latest mobile phone from Apple, and the third one will get a coupon of 50,000 rubles for "Cary jiaozi Restaurant".

9, can swim independently for over 100 days! Human cardiac muscle cells are made into "artificial fish"

Harvard University in the United States cooperated with researchers from Emory University to make a completely autonomous "artificial fish" from myocardial cells derived from human stem cells. This biological mixing device contains both biological and artificial parts, and can swim in the water for more than 100 days through myocardial contraction. This achievement is helpful to develop an artificial heart made of living muscle cells and provide a platform for studying heart diseases such as arrhythmia. Related papers were recently published in the journal Science.

The device was inspired by the shape and swimming action of zebrafish. The artificial zebrafish has two layers of muscle cells, one on each side of the caudal fin. The researchers used external light gene stimulation to control its muscle contraction and make it swim like a fish. This innovation provides a model for the study of cardiac rhythm signals, and also for understanding the pathophysiology of sinus node dysfunction and arrhythmia.

10. Musk: Star Boat may make its first orbital flight in the next few months.

[Comprehensive News]Elon musk, founder and CEO of American Space Exploration Technology Company, said recently that the company’s next-generation heavy-duty launch vehicle "Star Boat" may be approved by the regulatory authorities as soon as March, so that it may make its first orbital flight in the next few months. According to reports, Musk said at a press conference held at the "Star Boat" R&D and test base in southern Texas that Space Exploration Technology is still waiting for the relevant approval results of the US Federal Aviation Administration, and the next phase of the "Star Boat" can be launched after approval.

Musk said that although this project may fail, he is confident that the "Star Boat" will reach the scheduled orbit before the end of this year. "Star Boat" is a recyclable rocket, which is larger than the existing "Falcon 9" and "Falcon Heavy" launch vehicles of Space Exploration Technology Company. Its design goal is to send people and goods to earth orbit, the moon and Mars. The "Star Boat" can send more than 100 tons of load into Earth orbit.

11. Hundreds of sharks gather near the coast of Texas, USA.

According to the Daily Star, a rare picture of hundreds of sharks gathering near artificial coral reefs in Texas, USA, was recently posted online. Hundreds of straight-toothed sharks wandered around the reef, and the researchers called this scene a "very rare discovery." This straight-toothed shark can usually grow to more than 2 meters long and weigh more than 90 kilograms. They usually don’t attack humans.

Researchers from the Fishing Fish Science and Conservation Center took this picture at an artificial coral reef 6 miles (about 10 kilometers) away from O ‘Connor Harbor. The agency recently uploaded this video on social media. They said that "these fish schools are very rare, indicating that the fish population in this area is very healthy." 　

12. Interesting! Baby brown bear doesn’t want to swim and ride on his mother’s back to get a ride back to the shore.

[Comprehensive News]An interesting video of a baby brown bear riding on its mother’s back in Alaska, USA, has recently been circulated on foreign video websites. Mother Brown Bear appeared in the river in katmai national park and preserve with two cubs. At this time, Mother Brown caught a fish and began to return to the shore. One of the cubs rode on her mother’s back and "hitchhiked" back to the shore.

It is reported that only when the cubs are very young will the mother brown bear allow them to do so. As the cubs grow up, it will teach the children the necessary survival skills.

13. An American father built an indoor zip line for his 10-month-old daughter to learn to walk.

[Comprehensive News]It is reported that a father in Indiana built an indoor zip line for his 10-month-old daughter at home to help her learn to walk. In the video, 10-month-old Blair wears a walking belt, tied by a rope on the ceiling, and learns to walk by himself.

It is reported that Blair was born with a deformed hand, and her hand is smaller than her peers, and it hurts when she is held or slapped, so her father Clay thought of this way to help her daughter learn to walk. Mom Cheyenne said that they had just moved into their new home. They renovated their new home while taking care of their three children, and her husband specially built an indoor zip line for Blair.　

14, 13 digit compensation? ! A British power company wrote a wrong check.

[Comprehensive News]During the strong storm "Awen" swept across Britain in November last year, tens of thousands of users were blacked out for several days. At this stage, the Northern Power Company of the United Kingdom will pay compensation to the affected users. Unexpectedly, 74 users in northern England received so many checks that they could be calculated in trillions of pounds, and some users even paid more than 2.3 trillion pounds in "compensation" checks. Northern Electric Power Company explained on the 13th that these were clerical errors, and when the company filled in the check, it mistakenly filled in the user’s electricity meter number in the column of payable amount.

A spokesman for North Electric Power Company said that the company "took immediate action to ensure that all 74 users’ checks were frozen after confirming the clerical error" and promised to issue them corrected checks on the 14th. She said: "We are investigating how the mistake happened and checking the compensation paid before. All indications are that this is an isolated incident. "

15. Because her mother was obsessed with deer all her life, an Australian woman took a deer to visit her seriously ill mother.

According to the Daily Mail of February 13th, a woman in Melbourne, Australia, recently took a deer to visit her sick mother and gave her a surprise. Lisa MacDonald’s mother has been obsessed with deer all her life. She has all kinds of deer toys at home and wears clothes with deer patterns. After her illness, Lisa and her sister have been taking care of her mother. In order to surprise her mother, Lisa borrowed a deer from a mobile farm to visit her.

Mother was very happy after seeing the deer, and reached out to touch it, which was unbelievable. Lisa said that she had planned to bring the deer the next day, but her mother’s condition suddenly deteriorated, and the farmer immediately drove for two and a half hours. She was very grateful to them.

Prison system/Pu Junzhou

Editor/Derrick

Main broadcast/inkstone fragrance

Editing/Derrick, Zavia, Wenma, Wen Zhuo

Union chupin

Seattle Chinese Radio, USA

Chinese Radio Vancouver, Canada

　　Since the outbreak of the epidemic in Shanghai in March this year, on the nearly 3,000-kilometer highway from Yunnan to Shanghai, bright red slogans can often be seen on fully loaded trucks: "The friendship between mountains and seas is deep, and the Shanghai-Yunnan family is close", "Come on Dehong, Come on Fudan" and "Xu Ping is United in fighting the epidemic" … …

　　These slogans express the concern of 47 million people of all ethnic groups in Yunnan for the people of Shanghai in the epidemic. These trucks are full of anti-epidemic materials donated to Shanghai from all over Yunnan — — Vegetables, fruits, herbs, ham and so on. As of May 5, Yunnan Province has supported 9083.51 tons of anti-epidemic materials in Shanghai, with a value of 155.563 million yuan, which shows the chivalrous feelings of Yunnan people and also contains the gratitude of Yunnan people to Shanghai people for their selfless help to Yunnan for 26 years.

　　Give one’s love.

　　"Folks, tell everyone a good news. The cucumbers we donated to Shanghai have been sent to Shanghai." On May 10th, Zhang Linbao, president of the vegetable cooperative in Dahuangdi Village, Xinjie Town, Midu County, Yunnan Province, walked into the vegetable shed and said to the members who were picking cucumbers. At the end of April, I heard that the county was organizing vegetables to support Shanghai’s anti-epidemic. Twenty members of the cooperative immediately went into the greenhouse to pick cucumbers and box them, and donated 80 boxes of cucumbers, which were loaded by the leading cooperative enterprises and pulled to Shanghai.

　　"One party is in trouble, and all parties support it. In order to support Shanghai’s anti-epidemic, everyone is very active. The government has supported the cooperatives, and Shanghai has also helped Midu. We should also repay the society. " Zhang Linbao told reporters. As of May 10th, Midu County has donated 239 tons of vegetables and daily necessities to Shanghai, with a value of 1.24 million yuan. At present, all donated materials have been sent to two enterprises in Fengxian District and Lingang New Area of Shanghai.

　　The same scene of donating materials and the same warm words can be seen everywhere in Yunling, echoing everywhere.

　　Knowing the current epidemic situation in Shanghai, people from all walks of life in Shiping County, Honghe Prefecture quickly raised and donated 167 tons of various agricultural products such as potatoes and zucchini, worth 1.03 million yuan. On April 27th, the second batch of goods vehicles loaded with Shiping people’s love set out again, spanning 2,500 kilometers, and delivered to Kangjian Street in Xuhui District, Shanghai in time.

　　"Chinese bee breeding and alpine tea industry are all projects that Shanghai has helped us. Now, the epidemic in Shanghai has touched the hearts of thousands of people. All the rich leaders in Longfeng Village, please give your meager strength to support Shanghai to fight the epidemic together. " At noon on April 7th, Yang Zhongying, deputy director of the village committee of Longfeng Village, Yongcui Township, Nanjian County, issued an appeal in the WeChat group. People from various village groups in party member sent out red envelopes to donate their love for fighting the epidemic, and the WeChat group was instantly filled with warmth and love.

　　On the afternoon of April 15th, the receiving point of donated materials from Tuanjie Community in Lushui City, Nujiang was busy, and staff and volunteers were sorting, putting into boxes and labeling all kinds of Nujiang agricultural special products. The receiving point received about 780,000 yuan of materials donated by 27 caring enterprises, and the State Red Cross Society received about 710,000 yuan of donations. These agricultural special products will support four hospitals including Shanghai Pudong Hospital. At present, five batches of anti-epidemic materials have arrived in Pudong in Nujiang Prefecture.

　　"As a driver, I transported Nujiang materials to Shanghai, and I feel honored to be able to contribute to the prevention and control of the epidemic. I will ensure that the love materials of Nujiang will be delivered to Shanghai on schedule." The driver and your army who transported anti-epidemic materials to the Pudong New Area in Nujiang said.

　　In Bangmai Village, Wenlong Town, Jingdong County, Pu ‘er City, villager Li Minghua prepared 250 kilograms of tea and sent it to Shanghai. Li Minghua said: "I am a retired soldier. At present, the frontline epidemic prevention personnel in Shanghai are fighting the epidemic around the clock, and their spirit of caring for everyone deeply touched me. I hope I can do my part, so I contacted my comrades in Shanghai Love Service Station so that frontline epidemic prevention personnel can have a cup of hot tea. "

　　At noon on April 9, a heavy truck slowly stopped in front of the school gate of Fudan University, and the banner "Come on Dehong, Come on Fudan" hung on it. With the concern of the people in Dehong Prefecture, Yunnan Province, radishes, potatoes and other epidemic prevention materials were sent to Fudan University.

　　Mei Xian, secretary of the Party Committee of the Department of Environmental Science and Engineering of Fudan University, went to Dehong for a year. After receiving a phone call from Dehong, she was surprised and moved. "The person in charge of Dehong told me that all the materials were given to Fudan, just to express their gratitude and friendship to Fudan." Mei Xian said.

　　Drinking Siyuan Thanksgiving Help

　　The people of Yunnan selflessly supported Shanghai’s fight against the epidemic because of their love and gratitude.

　　"When we were in trouble in Nujiang, Shanghai Pudong helped us. Now that Shanghai is in trouble, we should do our bit in Nujiang. After the epidemic, we are waiting for you in the beautiful Nujiang River, come on! " Zhang Jieqin, general manager of Nujiang Good Helper Cleaning Company, spoke out the voice of the people of Nujiang.

　　As a deep poverty-stricken area, the Nujiang Grand Canyon received strong help from Zhuhai, Guangdong Province during the period of poverty alleviation. Since last year, Shanghai Pudong has helped the Nujiang River relay: 15 enterprises have come to the Nujiang River to recruit migrant workers; The medical team of Pudong Hospital went to Lanping County to help; Eleven towns in Pudong and 29 townships in 4 counties (cities) of Nujiang Prefecture are paired to help, and villages (residences) and enterprises are paired to help 27 relocation sites in Nujiang … …

　　The kindness of the people of Shanghai and Zhuhai will never be forgotten by the people of all ethnic groups in Nujiang. In the workshop of Jiatai Yi Vegetable Food Company in Shaochong Town, Shiping County, Zhang Baowan and Zhang Baofu, Yi villagers in Tuolonghei Village, are packing fresh cabbage donated to Shanghai and sending it to the cold storage. "In the past, Shanghai helped us, and the relationship was like brothers. Now Shanghai is in trouble, we should be grateful and of course help them." Zhang Baowan said. At present, more than 400 tons of caring materials such as vegetables donated by 42 enterprises and some people in the county have also been sent to the people of Shanghai.

　　Since Shanghai Xuhui District helped Shiping County, it has invested 130 million yuan in aid and implemented 78 projects such as road construction, benefiting more than 100,000 people, involving more than 20,000 poor households. The word "Shanghai" was deeply imprinted in the hearts of the villagers.

　　In Douge Village, Jinping Town, Jingdong County, it was just dawn and the orchards on the mountain were crowded. Hearing that there is an urgent need to pick a batch of fruits to rush to Jinshan District, party member people in the village spontaneously went to the orchard to take part in picking, and picked and boxed them as quickly as possible. "Jinshan District has given great support to Jingdong’s education and poverty alleviation in recent years. We are grateful. Many people went to the fields to pick fruits before dawn and contributed their strength to thank Jinshan compatriots." Zhang Jilong, Party branch secretary of Douge Village, said.

　　Jiading District of Shanghai has helped Chuxiong Prefecture since 2017, with a total investment of 1.454 billion yuan and 746 assistance projects, which provided a strong impetus for Chuxiong Prefecture to win the battle against poverty. Since the outbreak of the epidemic in Shanghai this year, two batches of anti-epidemic materials worth 7,045,300 yuan have been raised and organized in Chuxiong Prefecture to rush to Jiading.

　　Shanghai-Yunnan cooperation has a long history. Since Shanghai helped Yunnan in 1996, it has invested a total of 18.242 billion yuan to help Yunnan and implemented more than 14,000 assistance projects. Especially during the period of tackling poverty, we invested 10.564 billion yuan to help Yunnan win the fight against poverty as scheduled. In 2021, 16 districts in Shanghai cooperated with each other to help 88 poverty-stricken counties in Yunnan revitalize their villages, and 221 cadres and 683 professional and technical personnel went to Yunnan to dedicate their youth.

　　"The Midu’s support for Shanghai’s fight against the epidemic shows the deep love between mountains and seas. As a Shanghainese and a Midu, I sincerely say ‘ Thanks Midu, come on Shanghai! ’” Cai Jiejun, deputy director of the Shanghai-Yunnan Cooperation Office in Midu County, said.

　　Recently, the Shanghai Municipal Party Committee and the Municipal Government sent a special letter to the Yunnan Provincial Party Committee and the provincial government to express their gratitude. Shanghai residents have also said that they were deeply moved by the Yunnan materials that they received from thousands of miles, and deeply realized the warmth of "the friendship between mountains and seas is thick, and Shanghai and Yunnan are a family".

　　(Reporter Zhang Yong)

"A person’s identity may be in another country,

But her heart belongs to the motherland."

Global person News: Recently, the first Asian head portrait appeared on the new version of American currency. A Chinese Hollywood actress has once again appeared in the public eye, and she is Huang Liushuang.

·The newly issued quarter coin in the United States is engraved with Huang Liushuang’s iconic bangs and big eyes.

Huang Liushuang was the first Chinese to stay in walk of fame, and also the most concerned Hollywood actress of that era. The classic images of Qi Liuhai, doll head and big eyes made her create a classic oriental beauty image in front of the world, and also trapped her in the stereotype of Chinese in the western world.

During her decades of screen career, she kept fighting against racial discrimination and stereotypes, but failed again and again. After coming to China, she deepened the identity of Chinese children and began to spare no effort to help China’s anti-Japanese cause.

discriminate

The world in the spotlight is always disturbed, and there is controversy where there is praise.

Huang Liushuang accompanied these two voices through his life. Some people say that born in that era, she seems to have no choice.

·Anna May Wong

In 1882, the United States promulgated the Chinese Exclusion Act. This is the first immigration law for a specific ethnic group passed by the United States, aiming at preventing workers in the United States from becoming naturalized.

The passage of this bill has completely stimulated Americans’ curiosity about Chinese.

After entering the 20th century, the most popular Chinese character in American society is Fu Manchu. He has long, slender eyes, two moustaches, suggesting scheming, wearing Qing dynasty clothes and even braids, and studying how to harm westerners all day.

At that time, the Chinese characters in western movies were generally like this. Huang Liushuang’s screen career began in that era.

In 1905, Huang Liushuang was born in Huajie Street, Chinatown, and her grandfather was one of the first Chinese workers to go to the United States for gold. She studied in public schools and Presbyterian schools. No matter where she is, there is always racial discrimination around her. Students sitting in the back seat often prick her with needles, trying to see if "Chinese" feels "painful".

At that time, Chinatown was the location of many movies. Huang Liushuang often watched the excitement on the set after school, and some staff members noticed this exquisite oriental face. In 1919, the movie "Red Lantern" needed a walk-on, and 14-year-old Huang Liushuang first appeared on the movie screen. Since then, she has appeared as "chinese baby" in many Hollywood movies.

Two years later, she got her first serious role in Hollywood-playing the wife of the popular actor Lang Cheney in the movie Life.

·Stills of the movie "Life".

Soon, the appearance of Huang Liushuang chinese baby on the screen helped her become the darling of various media, but it also attracted the abuse of racists. An American film critic wrote an article about Huang Liushuang, entitled "The Yellow Disaster! China’s Invasion of the Screen, the article made a mean "group attack" on Huang Liushuang and the Chinese community, and the language was vulgar and unsightly.

Since then, although Huang Liushuang has been seeing many films, her roles are basically the same-she is attached to white people or an Asian woman with miserable fate.

In 1922, she played the role of lotus in the movie "Gone at Sea". At the end of the movie, Lotus faced the white husband who abandoned his wife and children and chose to throw himself into the river. In 1924, she played a Mongolian slave girl in the film The Thief of Baghdad: naked back, legs wrapped with poisonous snakes, flaming red lips and various eyes … Americans made this picture into a movie poster and spread it all over the United States.

·Stills of the movie "Baghdad Thief".

The Burglar in Baghdad was a great success, and Huang Liushuang became a household name. However, since then, almost all the roles she can receive in Hollywood are sexy, weak, abused prostitutes and vases.

Even the film pay has become the carrier of racial discrimination-in the movie "Shanghai Express", the film pay of the white actress marlene dietrich is 18 times higher than that of the long-established Huang Liushuang.

Huang Liushuang in western movies has just changed from a charming and lovely oriental doll to a charming and dripping oriental doll.

fight against

After becoming famous, Huang Liushuang is a special celebrity. She must carry her identification with her at all times when she goes out, in order to cope with the interrogation by the American police anytime and anywhere.

In 1933, Huang Liushuang was interviewed by the Los Angeles Times and denounced the stereotype of Chinese in Hollywood movies: "Why does Chinese always look like a clown on the screen? But also a cruel clown, murder, betrayal, sinister! We are not like that! Our history of civilization is many times longer than that of the west. How can we be like that? "

In order to escape the racist restrictions in Hollywood, Huang Liushuang traveled to Europe in the late 1920s.

In Europe, she showed amazing language talent. In just a few months, her accent changed from American English to British English. After another four months, she mastered German, which is famous for being difficult to learn.

Breaking through the language barrier opened the door to European films for Huang Liushuang. In Germany, she played the heroine in films such as Love is Better than Knife, and critical European film critics praised her with pen and ink. In England, she collaborated with the movie star Lawrence Oliver in The Chalk Circle. Constandt Lambert, a British composer, was fascinated by the actress’s work and then wrote a piece specially for her.

In 1929, she starred in the last silent film of her career, Chinatown Dream. In the film, the popular Gilda Gray is the highest paid actress, but the British Variety magazine commented that "the yellow light overshadowed the big star": "When Huang danced behind the kitchen, she stole Miss Gray’s Chinatown Dream."

·Poster of the movie "Chinatown Fanhua Dream".

Soon, movies and magazines all over Europe rushed to publish Huang Liushuang’s story. Interestingly, European film critics often call her Chinese, and she increasingly agrees with the name Chinese.

During his stay in Europe, Huang Liushuang wrote an article about "Chinese is misunderstood". In her article, she explained: In fact, Chinese people are kind-hearted and love life, and our textiles, ceramics, costumes and banquets all reflect these characteristics. Chinese value friendship and family above everything else.

At that time, Huang Liushuang had never been to China, but she believed that China was what she dreamed of. She once told reporters, "I wish I had been born in China." She called China people her "compatriots, the oldest civilized people". In Europe, she is proud to be Chinese.

A few years later, Huang Liushuang returned to Hollywood with an honor. She thought that with her years of hard work, she could get rid of the deep-rooted racial discrimination in the United States, but she was greatly disappointed in the result.

In 1936, Huang Liushuang lost to Rena, a white man, in the casting of a Hollywood film that showed China farmers getting rich through hard work. What is even more ridiculous is the reason why she was rejected: American law at that time prohibited actors of different races from getting in touch with each other on the screen.

This casting failure made Huang Liushuang fall into intense pain, and also made her decide to visit China, which she had never been to before.

dispute

At that time, Huang Liushuang was a controversial figure in China.

When Huang Liushuang first became famous, Chinese was proud of it. At that time, China media dubbed her as a "Chinese star in the United States", and domestic media such as Companion Pictorial and Life Weekly followed her up, and she gradually became known in China.

·Huang Liushuang’s report in The Companion Pictorial.

As the country is weak, Chinese people hope that Huang Liushuang can re-create the image of Chinese in the world. However, with the deepening of reports, Chinese people are increasingly disappointed. They found that Huang Liushuang’s image on the screen always embarrassed Chinese people, and her evaluation quickly turned into "the situation of insulting China was outrageous" and "the traitor who borrowed foreigners’ nose to get oxygen".

When Huang Liushuang arrived in Shanghai, China in 1936, the scene was grand and crowded.

However, there are also many of her opponents among these people. A Shanghai reporter asked her bluntly, "Why do you want to play so many humiliating oriental women?" Huang Liushuang’s face went red at once. She replied, "That’s not my choice. Even if I don’t play, there will be other actors to play, and I will lose the only chance for Chinese to play Chinese. "

In the same year, Huang Liushuang wrote a long article "My Self-report" in the pictorial of "Good Friends", stating his unwillingness to be pushed around in Hollywood: "Chinese people are a little critical of my role, which makes me very uneasy, because I planted this mistake unintentionally. When I first entered the film industry, I was completely under the direction of the director, not to mention that I didn’t even know what the role I was playing, and even the plot in the film might not be clear to them. This is a fact. The director doesn’t pay attention to the idle actors. Except for several important characters who have the right to review whether the content of the script conflicts with their own opinions, the rest are indifferent. "

She stayed in China for nine months that year, during which she was welcomed by many people.

Mei Lanfang, a famous actress, and Hu Die, the winner, were both surprised by Huang Liushuang’s visit to China. Mei Lanfang gave her her Peking Opera records, and Hu Die accompanied her to visit the star film company. There, Huang Liushuang exchanged creative experience with his domestic counterparts, bringing valuable frontier information to the domestic film industry.

It was this visit to China that Huang Liushuang got rid of his long-standing identity confusion. When expressing her feelings about returning to China, she said: "A person’s identity may be in another country, but her heart belongs to the motherland. If I don’t come to China this time, my feelings about my motherland will always be vague. Now that I’m here, I’ve got to know the motherland and the lovely people, and I’ve discovered the’ loving mother’s love’. From now on, I’ve confirmed that I am a China woman, and before that, I was just an oriental daughter who grew up in Los Angeles. "

When she returned to Hollywood, she refused to play the role of demonizing Chinese, and publicly said, "I am Chinese. The roles I created in the past have given the audience an incorrect view of China, but the actual China is not like this."

Aid China

As early as the early 1930s, Huang Liushuang publicly condemned the Japanese occupation of northeast China. Later, because "I didn’t want a Japanese-style garden opposite my home", she moved to another house specially.

After his trip to China, Huang Liushuang began to donate materials to China through the China Aid Federation. This is a non-governmental organization used by the American people to help China.

In 1937, she paid all the money for her new Christmas film to Margaret Chung, a Chinese doctor of the China Aid Federation.

In order to raise medicine for China, she auctioned off all her dresses. At the auction, she also brought an extra item-five volumes of papers shot in China. She hoped that the West would know more about China, and that more people would join the fund-raiser and contribute to China’s anti-Japanese war.

In the late 1930s, Huang Liushuang’s popularity gradually declined. During this period, she devoted more energy to aiding China, and later worked full-time for the American Association for Aid to China.

In order to support the anti-Japanese war, she starred in propaganda film’s Bombing Myanmar, aiming at exposing the evil deeds of the Japanese aggressors; She also wrote a preface to Xinhua Recipe, which kept Chinese restaurants busy during the war. In 1942, she portrayed Guan Mei, an anti-Japanese heroine, in the film Woman from Chongqing. In the movie, Guan Mei said categorically before being executed: "The people of China will surely defeat the invaders!"

However, her contribution to aiding China to resist Japan failed to change the views of some Chinese people.

In 1943, at the most difficult time in War of Resistance against Japanese Aggression, China, Song Meiling came to the United States for assistance. At the Hollywood gala, Song Meiling and a group of Asian stars pushed for a change, but Huang Liushuang was missing from the crowd.

Wagner, a close friend of Huang Liushuang, was indignant: "No one has worked harder for the cause of aiding China more faithfully than Huang Liushuang. But was she invited to say hello to Song Meiling at this movie reception? No! "

Later, it was learned that Song Meiling and some opponents thought of Huang Liushuang: she represented the image of old Chinese, which consisted of only laundries, restaurant owners, gangs and coolies. Huang Liushuang was very frustrated.

After recalling these days, although she has regrets, she still feels extremely proud: "I have done my best to support and assist China in resisting Japanese aggression for a long time, and I have no regrets for life."

After the war, Huang Liushuang’s career as an actress was nearing the end, and she chose to return to a quiet life. In 1960, she became the first Chinese to stay on the walk of fame.

·Huang Liushuang’s stay on the walk of fame.

A year later, at the age of 56, she died of a heart attack, ending her ups and downs.

More than half a century later, Huang Liushuang’s name appeared on the American currency. Ventress C Gibson, director of united states mint, said: "This coin was designed to reflect the breadth and depth of Huang Liushuang’s achievements. She is a brave advocate."

Regarding this move by the United States, Qian Feng, director and researcher of the Research Department of the National Institute of Strategic Studies in Tsinghua University, told the reporter of global person: "The Democratic Party of the United States has always boasted that it respects ethnic minorities, and this move is one of its many measures to win over ethnic minorities. Especially since the outbreak of the COVID-19 epidemic, American society has been torn apart day by day, and discrimination against Asians has become more and more serious. Therefore, the Democratic Party also hopes that this coinage plan can save the image of the United States. "

In 2019, another Chinese name, Liu Yuling, appeared next to the star in Huang Liushuang on the walk of fame.

When she made her debut, Liu Yuling suffered an Asian stereotype similar to that of Huang Liushuang, but she persisted. In his speech on the Avenue of Stars, Liu Yuling said: "If my work helps to bridge the gap between the stereotyped role originally given to Huang Liushuang and the mainstream success today, I am very happy to be a part of this process."

Original title: Being discriminated against for a lifetime, this Chinese actress is now on the dollar.

Editor: Chen Yanqi

Editor: Liao Yi

Audit: Feng Fei

　　CCTV News:According to the website of the Central Network Information Office, in June 2023, the Reporting Center of the Central Network Information Office instructed all levels of network information reporting departments and major website platforms across the country to accept 17.794 million illegal and bad information such as pornography, gambling, infringement and rumors, an increase of 7.2% from the previous month and an increase of 18.7% from the same period last year. Among them, the Reporting Center of the Central Network Information Office accepted 496,000 reports, an increase of 4.8% from the previous month and 8.5% year-on-year; Local online letter reporting departments accepted 690,000 reports, an increase of 5.3% from the previous month and a decrease of 11.6% year-on-year; The major website platforms in China accepted 16.608 million reports, up 7.4% from the previous month and 20.8% from the same period last year.

　　Among the reports received by major website platforms in China, major commercial website platforms accounted for 48.3%, reaching 8.023 million.

　　At present, the major website platforms in the country have continuously unblocked reporting channels and accepted and disposed of reports from netizens. Welcome netizens to actively participate in the comprehensive management of the network and jointly safeguard the clear cyberspace.

　　Reporting telephone number: 12377

　　Reporting website: www.12377.cn

　　Official Weibo, WeChat WeChat official account: Central Network Information Office Reporting Center

　　Reporting client: network reporting