Chengdu female college students joined the army and went to South Sudan for peacekeeping for one year and won the "Medal of Honor" of the United Nations.

  The third batch of female soldiers from China went to South Sudan (Juba) Peacekeeping Infantry Battalion. Before joining the army, they studied in Chengdu University, majoring in radio and television in 2012. In 2014, he became the squad leader in the first year of enlistment. In the second year, he won gold and silver in the competition in the central theater. In the third year, he went to Africa to carry out peacekeeping missions on behalf of the motherland. She is proficient in precision shooting, applied shooting, thread connection, climbing fixation and other military skills, and has learned and mastered many languages such as English, Arabic and Japanese.

  In the Mid-Autumn Festival this year, the South Sudan Peacekeeping Infantry Battalion and the United Nations Mission in South Sudan awarded all the officers and men of the third batch of peacekeeping infantry battalions from China to South Sudan (Juba) the Medal of Peace in recognition of their contributions to the cause of maintaining peace in South Sudan in the past year.

  This is the highest honor for United Nations peacekeeping forces.

  As a peacekeeping female soldier, zhangqin stood upright in the awarding team. She felt that it was the proudest time to raise the national flag and sing the national anthem. "It’s exciting." More than 10,000 kilometers away from China, the war-torn South Sudan has been assessed by the United Nations as one of the most dangerous and turbulent countries in the world. Here, it is common to fall asleep and wake up with gunfire.

  Zhangqin rarely talks about this with her family. This girl who smiles with her eyes bent into a crescent moon prefers to tell her parents about exotic wonders in the weekly video: at night here, the starry sky will be particularly bright, and children’s hair is often soft and natural; When entering the refugee camp, everyone will give a thumbs-up to the China soldiers and say "China good ”“good China".

  That dream

  Join the army in sophomore year.

  "It’s up to me to decide whether it’s worthwhile to row."

  "I want to be a soldier!" When Zhang Liegang first heard her daughter say that she would join the army, she just smiled. At that time, zhangqin, who had just entered high school, was like a little monkey who had not yet grown up. She loved to laugh and make fun. She was booed and performed in class activities. She went to the podium and sang a favorite song.

  "I feel like a child, one idea a day, and I don’t know if the baby is really so persistent." The unexpected in my father’s eyes has long been traceable. Zhangqin’s high school was spent in a juvenile military academy, and the seeds sown in the little girl’s heart by the green military camp became more and more eager to break through the ground as she grew older.

  As a result, zhangqin wanted to be a real soldier and experience the truest life in the army, and as the only daughter in the family, she lived peacefully.

  Before going to college, zhangqin’s biggest setback was that he failed to enter the military school after the college entrance examination. "I still want to toss." After entering Chengdu University, zhangqin began to sign up for enlistment.

  Wang Jiazheng, counselor of Wenxin College of Chengdu University, still remembers that zhangqin in the university was very good. "She is a sensible girl, a reporter in the newspaper, a student union officer and a dancer." Looking through the photos of zhangqin’s freshman year, I found that Shunze had long hair, a simple white shirt, and he was somewhat shy for the camera, and the clean breath made people smile.

  It is this clever girl who passed the physical examination, political examination and other layers of selection in her sophomore year and received the notice of enlistment.

  "At that time, the phones were all ringing off the hook." Recalling this, zhangqin laughed. Because I didn’t tell too many people before, the news of joining the army "exploded" with a bunch of questions and greetings. At that time, what she heard most was similar to "the army is too bitter for girls" and "it’s not worthwhile to go to the army without reading a good book."

  "It’s not worthwhile to row, of course, I have the final say!" Zhangqin’s personality is soft but persistent, knowing that too many people write down their answers on the answer sheet of life in a hurry. Therefore, when there is something she likes and wants to insist on, she will hold it tightly.

  Zhangqin is training for assassination.

  Enter the barracks

  Practice everything from the beginning

  Failure of others is not the reason to give up.

  Hold on to your dreams, hold on to your dreams, and then what happens after that? ?

  "pay." Cut your hair short and put away your beautiful clothes. Zhangqin, who wished to join the army, spent only six months, from the soldier of the communication duty station to the commander of the sergeant training team. It was during the training that she met the first hurdle — — Apply shooting.

  In training, the application of shooting requires high comprehensive quality of individual soldiers. It is necessary to choose shooting positions at any time according to the changes of topography and features, and also to adjust the shooting distance and correct the trajectory according to the distance of the target. Before zhangqin, many female soldiers "folded their wings" here.

  Failure of others is not a reason to give up. In the next four months, zhangqin first appeared in the training ground at 5 o’clock every morning in the dark sky. Quickly leap forward, lie down and crawl, and make fine adjustments in simple and mechanical repetition. In order to practice aiming in lying position, kneeling position and standing position, she hangs a helmet or kettle at the muzzle and aims for hours.

  Finally, the hand with the pen has calluses, and the young body is used to bruises. It won the championship in one fell swoop in the examination of shooting subjects and became the best gift for zhangqin. After the training, she became the monitor of the recruit class.

  Challenges are always there. In order to participate in the competition of communication specialty in the Central Theater, zhangqin studied communication cable specialty from scratch. When I first started to learn the thread connection, my hand was scratched by the frozen back thread. It’s cold, and thin hands can’t hold pliers. In order to save time, she held another pliers in her mouth; In order to improve the speed, a simple knot should be tied with thousands of … … After a training session, my hand was pricked with blood. At most, I put seven band-AIDS on one hand, and at last my fingers were chapped.

  "Later, we won the first place in the group army and won the second place in the cable professional thread connection project as a representative in the final." Talking about this, zhangqin still can’t hide his pride.

  Go to peacekeeping

  Quenched into steel in the war

  Force the gunman to surrender his weapon.

  For South Sudan, which only became independent from Sudan in July 2011, the dawn of independence did not bring peace. During the protracted civil war, conflicts broke out frequently between government forces and anti-government forces. Under the disaster of frequent wars, the United Nations authorized the establishment of the United Nations Special Mission in South Sudan (referred to as UNMISS) to be stationed in the United Nations peacekeeping force.

  China sent United Nations peacekeeping engineering units and medical units to the region many years ago. In July 2016, the conflict in South Sudan continued, and the mission area where peacekeeping officers and soldiers were located was even more affected by the war. Two martyrs, Li Lei and Yang Shupeng, died unfortunately to protect civilians in the local armed conflict.

  In August of that year, zhangqin, who had just finished the tournament, took the initiative to find an instructor, handed in an application and signed up for peacekeeping. "There are many places in this world that are not peaceful, and someone has to stand up." Zhang Qin persuaded his parents.

  Wan Li went to Rong Ji, and the mountain was flying.

  In December 2016, after a long flight of nearly 20 hours, zhangqin arrived in Juba, the capital of South Sudan. Looking down from the plane, the city nourished by the Nile water is still like a malnourished "child". On the endless plains, thatched houses and cement buildings are scattered.

  Information released by the United Nations shows that South Sudan is currently one of the most dangerous and difficult peacekeeping mission areas in the world. On the streets of Juba, armed men with guns or pickup trucks with machine guns can be seen every few tens of meters.

  "The closest to danger, the gun was pointed at us." Zhangqin mentioned that when going out on a mission, several gunmen came face to face and insisted on breaking into the restricted weapons area.

  "According to the requirements of the United Nations, it is forbidden to bring weapons into the restricted weapons area." On the one hand, zhangqin and his comrades-in-arms shouted at the gunmen, and on the other hand, they encircled them according to the favorable terrain. However, gunmen do not compromise easily, and even bluntly want to break in.

  It must be stopped! Once the gunmen break in, it will bring a series of negative effects. Not only will it weaken the influence of the United Nations on the ground, but it will also have a bad influence on chinese peacekeepers’s insufficient ability to defend the safety of civilians. In case of emergency, zhangqin and his comrades decisively shocked him by force. Finally, the gunman obediently handed over his weapon. "No time to be nervous, really, this is the daily life of our peacekeepers."

  On October 4th, zhangqin was awarded the Medal of Honor for Peace in South Sudan.

  hope to

  Traces of war can be seen everywhere.

  The comforting and lively scene on the streets of Juba

  At the Mid-Autumn Festival ceremony, Schumacher, Deputy Special Representative of the United South Soviet Mission, highly praised China’s support for the UN peacekeeping cause and fully affirmed the dedication and professionalism of China peacekeepers. Schumacher especially thanked the female officers and men in chinese peacekeepers for their contribution to the cause of peace in South Sudan.

  Zhangqin is proud to be one of them. In chinese peacekeepers, there is no difference between the tasks that female soldiers and male soldiers have to undertake. They patrol the weapons restricted area outside the UNHouse camp, receive foreign guests, exchange cultural information with foreign countries, protect the rights and interests of women and children, and also perform tasks such as guarding and searching weapons in refugee camps.

  During the year of peacekeeping, China’s peacekeeping troops often entered the refugee camps to provide help. The tropical sun is blazing, and in refugee camps, shacks are mostly made of similar waterproof sheets, and residents are dressed in rags. Due to the lack of medical conditions, the wounds of local people are often exposed and covered with dust. Thin children, with big black and white eyes, followed the troops and asked for food and water.

  Every time I meet a refugee, the children will gather around and stand behind the female soldiers, timidly helping these big sisters comb their hair and wipe their sweat. "I feel sad and gratified." Here, a mineral water bottle will become children’s favorite toy, and it will be played as a football all afternoon. When the patrol car passes by, they will chase the car and keep shouting "China".

  On Children’s Day, zhangqin, together with his comrades-in-arms, gave gifts to the children in the local village, and the children jumped and laughed with joy. There were also fellowship with refugee camps and cultural exchange activities with Juba University. Everyone gave a thumbs-up to these China peacekeepers and said "China good".

  Nowadays, zhangqin is used to shaking his shoes before putting them on, and cleaning up the mosquitoes, snakes and scorpions that may be hidden in them. She can run for several kilometers in a thick bulletproof vest, and she can finish wearing the equipment in the shortest time.

  Of course, the little girl’s shyness will still be revealed inadvertently. In the circle of friends, she will also vomit for the local high price. "The ice cream of 30 yuan is eaten at once, and it hurts."

  After feeling distressed, there is also happiness. In her view, although the local war is not over yet and traces of war can be seen everywhere, there have been gratifying lively scenes on the streets of Juba, with shops open for business and more pedestrians on the road. "Looking at those children, in our words, is to hope that they all have a bright future."

  Bless strangers and look forward to your future. Zhangqin said that after the expiration of the first sergeant, she might leave the army and then want to go back to school to continue her studies.

  In the diary, she wrote in sincere words, "This military road is the most unique scenery in my life. My dream is half finished, and it is this road that makes me understand that it is a world of difference to experience something I like in person and treat it as a dream. I learned persistence, courage, hard work, tempered my character, learned to be independent and responsible. The remaining half, I will go to Do not forget your initiative mind and finish it as always. " (Du Jiangyan)

Beijing wenwan market ended in madness for 7 years. Ordinary Jin Sinan was burned as firewood.

  There are few customers in the Aijia Collection Market near Dazhong Temple, and some shops put up notices such as "Dismantling stalls for sale" and "Seeking cooperation".

  Since the beginning of this year, the wenwan market, which has experienced barbaric growth, seems to have entered a reshuffle period, and enthusiastic investors have also entered a cooling-off period. A few days ago, a reporter from Beijing Youth Daily visited the wenwan collection market and found that the phenomenon of empty doors, dumping goods and withdrawing stores was very popular. The industry believes that the decline of the wenwan market is closely related to the downturn of the economic environment, and it is currently in a state of polarization. Currency (ordinary varieties) is becoming less and less valuable, while fine products still have the possibility of maintaining and increasing value.

  The wenwan market, once favored by capital and popular for 7 years, suddenly cooled down. The sky-high price Jin Sinan and sky-high price walnuts that have appeared one after another have also plunged into the bottom of the market on a roller coaster. Jin Sinan furniture is on sale at a discount of 30%, and more than 10,000 pairs of three-edged walnuts can be taken away at 5,000 yuan.

  Ten thousand yuan of walnuts, 5000 yuan, take away the merchants’ urgent goods.

  Located in the Aijia Collection Market near Dazhong Temple, there are almost no customers in the huge store. The further you go inside, the more shops close down, and some shops post notices of "closing stalls and selling" and "seeking cooperation" on the glass. In the classical furniture store, a pair of gold-rimmed nanmu wardrobes behind Mr. Wang are particularly outstanding among the pieces of sour branches and huanghuali furniture, with golden color and clear and elegant water ripple road on the board. "Now you want to buy the right one," he said. "I sold 401 thousand pairs, and now I sell you 100 thousand." Seeing that the reporter of Beiqing Daily was hesitant, Wang Boss chased another sentence and said that he would shed tears and have a big sale: "If you can pay 120,000 yuan, these two wardrobes, plus a pair of plush chairs and a coffee table, are all from Jin Sinan. You can take them all."

  "Now the business is not good, losing money, and all the stores have been withdrawn." At the door of the teapot shop, the proprietress with a southern accent lamented that several shops next to her were already closed.

  Walking into a wenwan walnut shop, the white-haired proprietress strongly recommended a pair of walnuts to the reporter of Beiqing Daily: "The absolutely wild three-edged rush, if you take it away for 5,000 yuan, I will go flat and not earn you money." The boss sitting next to him took over the conversation: "If this had been two years ago, this pair of walnuts would have sold for more than 10,000 yuan." It has been rumored that when wenwan walnut was the hottest in the past two years, the stall owner who gambled on green walnut in Beijing Shilihe wenwan market could earn nearly 10,000 yuan in half a day, and a pair of walnuts with excellent appearance was the most expensive and could even sell for 300,000 yuan or 400,000 yuan. However, since last year, a large number of star wenwan, which was sought after before, have been cold one after another, even to the point where no one cares, and the price plummeted to a staggering extent. In this regard, many wenwan operators believe that wenwan walnuts are worthless now. One of the important reasons is that the large number of grafted walnuts has made the output of wenwan walnuts soar, and rare varieties have become rare and common varieties. The price drop is an inevitable phenomenon.

  Put a splint on walnuts to make rare varieties

  Xiaoyu, a girl from Shilihe Yayuan Market, feels the same way about the grafted varieties ruining Wenwan Walnut Market. In the past, she often went to the walnut market in Laishui, Hebei Province to get walnuts. In her impression, most of the wenwan walnuts in previous years were wild, but now there are many grafted varieties or artificially cultivated varieties, which reduces the cost of walnuts.

  There are roughly three kinds of grafting and human intervention methods. One is modeling. Take Mantianxing (wenwan walnut variety) as an example. Short piles are very rare and won the favor of players. However, there are very few natural short piles of gypsophila paniculata, so some people put splints on the growing gypsophila paniculata, that is, use boards to clip walnuts and shape them, and cultivate them into popular varieties. The second is to increase production. The yield of wild walnuts is not high, and a tree can produce at most 50 pairs of fruit. So farmers sawed the edible walnut trees, grafted the wild walnut trees, and began to grow fruit after three years of cultivation, and the yield can be doubled. Based on this calculation, 2012 is the most popular time for wenwan walnuts. If grafting starts from that year, 2015 is the time for the first batch of grafted walnuts to bear fruit. The third is beautification. For example, the lines of all over the sky are beautiful, but the piles are high, and the apple’s round lion’s head pile is beautiful. So farmers graft two kinds of walnut trees together, and the fruit that grows combines the advantages of the two varieties and is as beautiful as a hybrid.

  In 2013 and 2014, the wenwan walnut market was extremely hot, and rare varieties broke the sky-high price. Xiaoyu told the reporter of Beiqing Daily that when he first entered the business in April 2011, walnuts had already started to catch fire. She often goes to Laishui, Hebei Province to get walnuts, where there is a big walnut market. Generally, large households take walnuts to wrap trees. Take a fancy to a walnut tree and pick one or two walnuts at random for inspection. If the appearance is good, it is big and upright, then wrap a tree. At the hottest time, a tree can sell for 600,000 yuan. The most expensive wenwan walnut sold in Xiaoyu since its establishment is a pair of Wang Yong walnuts with unicorn stripes, with a transaction price of 12,000 yuan. Xiaoyu said, "Little Trigony Walnut has never been seen before, and the price can scare people to death. A couple can sell for 189,000 yuan, but now it is everywhere, all of which are artificially grafted varieties, so the price will naturally come down.". When the reporter of Beiqing Daily visited the market, he saw that a pair of small three-edged walnuts were being sold by the store owner at a price of 5,000 yuan. Although the price of walnuts varies widely due to different products, at least the price of walnuts of the same category has shrunk by more than 90%.

  Ordinary Jin Sinan will be used as firewood by farmers.

  Yu Dongxing, a senior wenwan investor, told the reporters of Beiqing Daily that there are many reasons why Jin Sinan ebony, which was once hyped to sky-high prices, is now left out by investors.

  Yu Dongxing said that a few years ago, there were tens of millions of pieces of ebony in Jin Sinan, and then it was confiscated by the government. Only then did everyone know that there was Jin Sinan. People mistakenly think that Jin Sinan is extinct. So a large number of hot money entered the speculation, and investors flocked to it, and the speculation was very fierce. There are many merchants, many hoarders, and many people who dream of getting rich overnight.

  Beginning at the end of 2014, Jin Sinan suddenly failed. "First of all, there are too many things dug up, not as they say, Jin Sinan ebony has disappeared, and this species is gone. In fact, there are many things on Qingcheng Mountain in Sichuan." In addition, Jin Sinan is ornamental, but not practical. The texture of Jin Sinan is very beautiful, including water ripples, raindrops, phoenix tails and gentian. A set of furniture is millions and tens of millions. It is very beautiful to make furniture and has strong ornamental value. "But later found that Jin Sinan has a problem is that the density is low and the texture is soft. There can’t be any bumps, and you can’t even be scratched by your nails, because a slight rub is a deep imprint. "

  Yu Dongxing said that now the market in Jin Sinan is polarized, and the ordinary wood dug out has no texture or pattern, so it is basically of little value. Some people joked that in the future, Jin Sinan, whose appearance is not good, may still be dried and burned by farmers. All literary plays that are fried and immediately fall have a characteristic, that is, the output is huge and resources are not scarce at all.

  Financial observation

  The cooling-off period after the surge of wenwan

  Is there an invisible hand in control of the wenwan market? Yu Dongxing, a senior wenwan investor, said that there are several factors to enhance the value. For Jin Sinan, Thuja and Walnut, the huge amount of hot money comes from Fujian and Guangdong, where there are high-grade wooden furniture bases. They want to use this as a driving force, and they have a large amount of money in their hands, and they are constantly looking for suitable targets. As it happens, the sky-high ebony incident in 2011 caught their attention. In addition, there are also local price factors in Beijing. Beijing is the root and weather vane of the national wenwan market, and it radiates the surrounding areas, such as Hebei, Henan, Shandong, Inner Mongolia and Northeast China, and all come to Beijing for goods.

  The decline of the wenwan market is not only due to the micro-level reasons such as the destruction of walnuts by grafted varieties, but also to the macro-level reasons such as the economic environment. After overheating, the economy is now in a cooling-off period and polarized. In the past, everyone was chasing up and down. Like stock trading, everyone thought that investment could make money, and it was also good to make money. When the investment reaches a certain level, the market will not meet everyone’s expectations and will naturally cool down.

  News memory

  What other literary plays are there?

  ◎ Cook: At the beginning of this year, the wholesale price of 7×9 (single bead 7 mm in diameter and 9 mm in height) Cook chain can be sold for more than 3,000 yuan, and now it is more than 100 yuan. The price fell the hardest.

  ◎ Xingyue Bodhi: the most popular in 2013 and 2014, 7×9 (single bead diameter 7 mm, height 9 mm), each string of 114 capsules (108 capsules plus 6 capsules) is more than 1,000 yuan. Now the polished ones sell for more than 100 yuan. If it is directly strung together without processing, it will cost tens of yuan each.

  ◎ Coconut shell: Since 2013, playing with coconut shell strings has emerged in the market. The most precious is the coconut skewers, with a single bead diameter of 9 mm, and a string of 108 pieces is worth more than 5,000 yuan. I can’t even see it now. No one wants it. There are as many coconut shells as you want, as long as you have a bead car machine, you can car as many beads as you want.

  ◎ Huang Longyu: Originally, it was just a kind of general collection called yellow wax stone. By chance, it won a high price, and its value is said to have increased by nearly 100 times. A decent rough stone was as high as one million yuan. But now Huang Longyu has become an outcast in the market, and its value has plummeted.

  Investment story

  400,000 bet on whether 3 acres of land can dig up ebony.

  Yu Dongxing, a senior wenwan investor. When the price of ebony in Jin Sinan was the craziest, he personally went to the mountainous area of Sichuan to gamble on land. The so-called gambling on land is to value a mountainous area of fellow villagers, predict that some ebony will be buried underground, and then pay a large price to package the land and dig ebony. The investment risk is that the more ebony unearthed, the better. However, if less ebony is dug up, or even no ebony is dug up, then the money will be wasted and the bet will be lost. It is understood that ebony in Jin Sinan and sky-high ebony discovered after the Ya ‘an earthquake in 2011 also appeared at that time. There is a very big market of Phoebe bournei in Ya ‘an. All the Phoebe bournei excavated in Sichuan are sold there in a centralized way. At most, four or five hundred merchants open their doors to operate. The biggest golden nanmu I have ever seen, 27 meters long, was sold by the buyer for 35 million yuan on the spot. This undoubtedly injected a stimulant into the golden nanmu market at that time.

  In the spring of 2013, Yu Dongxing went to Ya ‘an Mountain in Sichuan. At that time, the information he got was that farmers here often dug up Jin Sinan ebony when planting potatoes, and they didn’t know how to do it, so they dried these treasures and burned them as firewood. However, this sign alone is far from enough. We are always looking for local people as staff officers. Several conditions can give extra points to the alternative plots, such as earthquakes and mudslides, and Jin Sinan ebony has been dug up in the adjacent plots. At that time, it was difficult to choose land, because all the places with convenient transportation were dug up by foreign investors, so they chose the mountains as the battlefield for digging treasures. The area of the land that is used to gambling is about 3 mu, and the price is 400,000 yuan with the farmers.

  When the long mechanical arm of the hook machine scratched down, I always described myself as pleasantly surprised at that time, because from 1.8 meters below the surface to the 27-meter-deep gravel layer, all the layers were ebony. Everyone stood by, gossiping. There must have been crustal movement here before, and hundreds of years of trees fell down and were buried underground along mountain torrents and mudslides.

  Originally, I always thought it would be profitable to dig out a few roots, but I didn’t expect that the ebony that was dug up soon became a mountain beside me, which really made him overjoyed. In fact, only a part of the ebony that is always dug up is Jin Sinan, and most of it belongs to other varieties, such as Toona sinensis, Maliu and Qingba, which are all close to carbonized ebony.

  Ebony has a characteristic that it can’t be used at that time when it is dug up, because it has been buried underground for hundreds of years and is very wet. It needs to be covered on land and dried in the shade, so it can’t be directly exposed to the sun, otherwise the wood will crack. Generally speaking, Phoebe bournei needs to be dried in the shade for two to three years before it can be opened and made into furniture. Until this time, investors can tell which is Jin Sinan ebony from the texture and fragrance of wood profile.

  Dramatically, the second risk of gambling on land appeared. When local farmers saw how many treasures had been dug up in their fields, they immediately became jealous, but they expressed it diplomatically: "Let us dry in the shade for two or three years." Old enough to understand, in fact, people are not allowed to take away all the treasures dug up.

  Although Lao Yu only took away 1/5 of all the unearthed ebony at that time, money must have been earned. One third of the ebony brought back to Beijing was Jin Sinan. Jin Sinan furniture is made of aniseed, carvings are made of minor materials, and beads are made of scraps. This investment has always been a great success.

  "In fact, I have deep feelings for Jin Sinan, but why didn’t I do it later? It was because a large number of southern hot money came in to do Jin Sinan, and they dug up the coffin, made the coffin board into furniture, or sold all kinds of things. That thing was really unlucky, which really made me unbearable." This edition/reporter Zhao Xinpei

  Photography/reporter Wang Zhenlong

The exhibition hall of Xi ‘an Lizhixing Mercedes-Benz 4S Store was emptied overnight (Figure)

  On the evening of April 16th, after reaching a settlement agreement with the rights-defending female car owner, on the morning of 17th, The Paper reporter saw at the scene that the new car showroom of the Mercedes-Benz dealer Xi ‘an Lizhixing 4S shop had been emptied overnight — — Yesterday, there were no cars in the new car exhibition hall full of vehicles, and there were no staff at the front desk of the exhibition hall. A note "Suspension of new car sales business" was posted at the door of the store. The after-sales maintenance department of the 4S shop is still in operation, and there are vehicles waiting in line at the door.

Xi ‘an Lizhixing 4S Store suspended the sales of new cars. The Paper reporter Wang Jianshe

  The Paper reporter noticed that some car owners who claimed to have been charged financial service fees came to ask for a refund, and the staff of Xi ‘an Lizhixing Mercedes-Benz 4S store registered the car owners who came to defend their rights. Some car owners communicate at the scene. One of the car owners said that the car he bought in 2017 was charged more than 36,000 yuan. According to the live report screen of the China Business Daily, some car owners said that when they came to pick up the car today, they found that the exhibition hall was empty, so they can only wait.

  According to The Paper’s previous report, on the afternoon of April 16th, Beijing Mercedes-Benz Sales & Service Co., Ltd. once again apologized to the car owner and the public for the incident of female car owners crying about rights protection in Xi ‘an.

  Mercedes-Benz said that it will immediately suspend the sales operations of authorized stores of relevant dealers, investigate the operational compliance of relevant dealers, and conduct a third-party compliance audit of its dealer network.

Take stock of all kinds of wonderful dumplings in Dragon Boat Festival: crayfish, five kernels and AD calcium milk flavor.

  BEIJING, May 27th (Xinhua) The Dragon Boat Festival, also known as the "Zongzi Festival", is of course indispensable for people all over the country to welcome the long-awaited three-day holiday: eating Zongzi! At this time of the year, the dispute over the sweetness and sweetness of zongzi will come back. But in fact, in addition to the traditional salty and sweet taste, there have long been many magical tastes! Which of the following zongzi tastes the most wonderful? Do you have any dishes? Let’s take a look.

  1. Crayfish dumplings

  Chinese is really in love with crayfish! Glutinous rice is soft, lobster is fat and delicious, and you can smell spicy and spicy midnight snack through the screen. On the way of crayfish’s 100-year death in China.

  2. Spicy rice dumplings

  It sounds full of the feeling of dark cooking. I wonder if it will be really spicy after opening it, which will make your tongue anxious to get angry.

  3. Wuren Zongzi

  Say! Are you an undercover agent sent by Wuren Moon Cake? ! This annual Mid-Autumn Festival makes people feel frightened, and finally extends its claws to Zongzi. Just seeing this combination is enough to remember the fear of being dominated by Wuren moon cakes in those years … …

  In addition to these wonderful zongzi that have already appeared, I heard that there is a new kind of zongzi with magical taste about to be born this Dragon Boat Festival, that is — — Wahaha haha zongzi. Wahaha, a "cross-border maniac" from the beverage industry, is said to be a perfect replica from sour and sweet AD calcium milk to fragrant and glutinous eight-treasure porridge, from cool and exciting iced black tea to the new ice cream matcha just listed this year.

  It is understood that Wahaha’s official Weibo began to collect the taste of zongzi that netizens want in early May. Although the scope is limited to Wahaha products, … … My friend, that’s Wahaha, an all-round player covering all categories, from drinks to canned food, from pure yogurt juice to coffee and cola eight-treasure porridge! Netizens’ brains are wide open. Apart from the routine operation of "AD calcium milk flavor", there are also "Gowasu flavor", "beer tea refreshing flavor" and even "pure water flavor", and various magical flavors emerge one after another. Fortunately, in the voting stage, everyone came to their senses and voted for four tastes that sounded fun and delicious, namely, AD calcium milk, eight-treasure porridge, iced black tea and ice cream matcha, which together formed the most anticipated novel zongzi NO.1 this summer!

  Old-fashioned domestic products are innovating again, and they are playing more and more on the road of cross-border

  After Wahaha officially announced that it would launch "Haha Zongzi" in a limited time, netizens expressed their desire for mass production and worried that their hand speed was too slow, and they missed the AD calcium milk moon cake like last year.

  Wahaha, a "cross-border maniac", launched a limited-edition AD calcium milk moon cake as early as the Mid-Autumn Festival last year, and launched a set of limited-edition nutrition express makeup plates during Christmas, which was warmly sought after by young consumers.

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Signing a "yin-yang contract" is a means of tax evasion! "two highs" are clear

The Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases Endangering Tax Collection and Management was adopted by the 1911th Meeting of the Judicial Committee of the Supreme People’s Court on January 8, 2024 and the 25th Meeting of the 14th Procuratorial Committee of the Supreme People’s Procuratorate on February 22, 2024. It is hereby promulgated and shall come into force as of March 20, 2024.

The Supreme People’s Procuratorate, the Supreme People’s Court

March 15, 2024

Fa Shi [2024] No.4

The Supreme People’s Procuratorate, the Supreme People’s Court

Interpretation of some problems on the application of law in handling criminal cases that endanger tax collection and management

(Adopted at the 1911th meeting of the Judicial Committee of the Supreme People’s Court on January 8, 2024 and the 25th meeting of the 14th Procuratorial Committee of the Supreme People’s Procuratorate on February 22, 2024, and shall come into force on March 20, 2024).

In order to punish crimes endangering tax collection and management according to law, according to the relevant provisions of the Criminal Law of People’s Republic of China (PRC) and the Criminal Procedure Law of People’s Republic of China (PRC), some issues concerning the application of law in handling such criminal cases are explained as follows:

Article 1 A taxpayer who makes a false tax return under any of the following circumstances shall be deemed as a means of deception or concealment as stipulated in the first paragraph of Article 201 of the Criminal Law:

(1) Forging, altering, transferring, concealing or destroying account books, accounting vouchers or other tax-related materials without authorization;

(two) to sign a "yin and yang contract" and other forms of concealment or decomposition of income and property in the name of others;

(3) falsifying expenditures, offsetting input tax or falsely reporting special additional deductions;

(four) providing false materials to defraud tax incentives;

(five) fabricating false tax basis;

(6) Other deception or concealment means adopted for non-payment or underpayment of taxes.

In any of the following circumstances, it shall be deemed as "failure to declare" as stipulated in the first paragraph of Article 201 of the Criminal Law:

(1) Taxpayers who have registered their establishment in the registration authority according to law have failed to declare their taxes due to taxable activities;

(2) Taxpayers who do not need to register their establishment with the registration authority according to law or fail to register their establishment according to law have taxable behaviors and are notified by the tax authorities according to law to declare but fail to declare their taxes;

(3) Other persons who knowingly fail to file tax returns according to law.

If the withholding agent fails to pay or underpays the tax withheld or collected by the means listed in the first and second paragraphs, and the amount is relatively large, he shall be convicted and punished in accordance with the provisions of the first paragraph of Article 201 of the Criminal Law. The withholding agent promises to pay the tax on behalf of the taxpayer, and when it pays the after-tax income to the taxpayer, it shall be deemed that the withholding agent has "withheld and received the tax".

Article 2 Taxpayers who evade paying taxes of more than 100,000 yuan and more than 500,000 yuan shall be deemed as "a large amount" and "a huge amount" as stipulated in the first paragraph of Article 201 of the Criminal Law respectively.

The criteria for determining whether the withholding agent fails to pay or underpays the tax withheld or collected are "relatively large" or "huge" shall be in accordance with the provisions of the preceding paragraph.

Article 3 A taxpayer who has evaded paying taxes as stipulated in the first paragraph of Article 201 of the Criminal Law shall not be investigated for criminal responsibility if, before filing a case with the public security organ, the tax authorities have issued a notice of recovery according to law, paid the tax payable in full within the prescribed time limit or within the time limit approved for postponing or paying by installments, and fully fulfilled the administrative punishment decision made by the tax authorities. However, except for those who have been subjected to criminal punishment for evading tax payment within five years or have been given administrative punishment by tax authorities for more than two times.

If a taxpayer evades paying taxes and the tax authorities fail to issue a notice of recovery according to law, criminal responsibility shall not be investigated according to law.

Article 4 The "amount of tax evaded" as stipulated in the first paragraph of Article 201 of the Criminal Law refers to the total amount of taxes collected by the tax authorities that are not paid or underpaid within a certain tax payment period.

The "tax payable" stipulated in the first paragraph of Article 201 of the Criminal Law refers to the tax payable in accordance with the provisions of tax laws and administrative regulations in the year when taxable acts occur, excluding the value-added tax and customs duties collected by the customs and the tax paid in advance by taxpayers according to law.

The first paragraph of Article 201 of the Criminal Law stipulates that "the amount of tax evaded accounts for the percentage of tax payable", which refers to the ratio of the total amount of tax evaded by the actor in a tax year to the total amount of tax payable in that tax year; If the tax period is not determined according to the tax year, it shall be determined according to the ratio of the total amount of tax evasion of various taxes to the total amount of tax payable in that year in the year before the last tax evasion. If the duration of the tax obligation is less than one tax year, it shall be determined according to the ratio of the total amount of tax evasion of various taxes to the total amount of tax payable during the actual tax obligation period.

Tax evasion spans several tax years. As long as the amount and percentage of tax evasion in one tax year reach the standard stipulated in the first paragraph of Article 201 of the Criminal Law, it constitutes the crime of tax evasion. The amount of tax evasion in each tax year shall be calculated cumulatively, and the percentage of tax evasion to tax payable shall be determined according to the highest value of the percentage of tax evasion in each tax year.

"Untreated" as stipulated in the third paragraph of Article 201 of the Criminal Law includes administrative treatment and criminal treatment.

Article 5 Whoever refuses to pay taxes by violence or threat in any of the following circumstances shall be deemed as "serious" as stipulated in Article 202 of the Criminal Law:

(a) the ringleaders who gather people to resist taxes;

(two) intentional injury caused minor injuries;

(3) Other serious circumstances.

If the act of refusing to pay taxes causes serious injury or death to others, which conforms to the provisions of Article 234 or Article 232 of the Criminal Law, he shall be convicted and punished for the crime of intentional injury or intentional homicide.

Article 6 If a taxpayer fails to pay the tax payable in order to avoid the tax authorities from recovering it, it shall be deemed as "taking the means of transferring or concealing property" as stipulated in Article 203 of the Criminal Law:

(1) Abandoning due creditor’s rights;

(2) Transferring property without compensation;

(3) Trading at an obviously unreasonable price;

(4) Concealing property;

(5) Failing to perform tax obligations and leaving the supervision of tax authorities;

(6) transferring or concealing property by other means.

Article 7 In any of the following circumstances, it shall be deemed as "falsely reporting exports or other deceptive means" as stipulated in the first paragraph of Article 204 of the Criminal Law:

(1) Declaring export tax refund by using special VAT invoices that are falsely issued, illegally purchased or obtained by other illegal means or other invoices that can be used for export tax refund;

(2) Declaring the export business that has not been taxed or exempted as the export business that has been taxed;

(3) Declaring export tax rebates under the guise of other people’s export business;

(four) although there are exports, but the name, quantity, unit price and other elements of the taxable export business are fictitious, and the export tax rebate is declared by inflating the export tax rebate;

(5) Forging or signing a false sales contract, or obtaining export-related documents and vouchers such as export declaration forms and transport documents by illegal means such as forging or altering, and reporting export tax rebates by fabricating export facts;

(six) after the goods are exported, they are transferred to China or the same kind of goods from abroad are transferred to China for circular import and export, and the export tax rebate is declared;

(seven) falsely reporting the functions and uses of export products, and declaring products that do not enjoy the tax refund policy as tax refund products;

(8) defrauding export tax rebates by other deceptive means.

Article 8 Whoever defrauds the state of export tax refund in an amount of more than 100,000 yuan, more than 500,000 yuan and more than 5 million yuan shall be deemed as "large amount", "huge amount" and "especially huge amount" as stipulated in the first paragraph of Article 204 of the Criminal Law respectively.

Under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in the first paragraph of Article 204th of the Criminal Law:

(1) Making false declaration of export tax rebate for more than three times within two years, and defrauding the state tax by more than 300,000 yuan;

(2) Having received criminal punishment or administrative punishment for defrauding the state export tax rebate for more than two times within five years, and having cheated the state export tax rebate for an amount of more than 300,000 yuan;

(three) the state tax was defrauded of more than 300 thousand yuan and could not be recovered before prosecution;

(4) Other serious circumstances.

Under any of the following circumstances, it shall be deemed as "other particularly serious circumstances" as stipulated in the first paragraph of Article 204th of the Criminal Law:

(1) Making false declarations of export tax rebates for more than five times within two years, or defrauding export tax rebates as the main business, and defrauding the state tax of more than 3 million yuan;

(2) Having received criminal punishment or administrative punishment for defrauding the state export tax rebate for more than two times within five years, and committing the act of defrauding the state export tax rebate for more than three million yuan;

(three) the state tax was defrauded of more than three million yuan and could not be recovered before prosecution;

(4) Other particularly serious circumstances.

Article 9 Whoever defrauds the state of export tax rebate without actually obtaining the export tax rebate may be given a lighter or mitigated punishment according to the accomplished crime.

Intermediary organizations and their personnel engaged in freight forwarding, customs declaration, accounting, taxation, foreign trade comprehensive services, etc., in violation of the relevant provisions of the state on import and export operations, provide false documents for others, resulting in others defrauding the state of export tax rebates, and if the circumstances are serious, criminal responsibility shall be investigated in accordance with the provisions of Article 229 of the Criminal Law.

Article 10 Under any of the following circumstances, it shall be deemed as "falsely issuing special invoices for value-added tax or other invoices for defrauding export tax refund or tax deduction" as stipulated in the first paragraph of Article 205 of the Criminal Law:

(1) Issuing special invoices for value-added tax and other invoices for defrauding export tax rebates and tax deduction without actual business;

(2) Having actual deductible business, but issuing special invoices for value-added tax that exceed the tax corresponding to the actual deductible business, and other invoices for defrauding export tax rebates and deducting taxes;

(3) Issuing special invoices for value-added tax and other invoices for defrauding export tax rebates and tax deduction through fictitious trading entities for businesses that cannot be deducted according to law;

(4) Illegally tampering with electronic information related to special invoices for value-added tax or other invoices used for defrauding export tax rebates and tax deduction;

(five) in violation of regulations by other means.

For the purpose of inflating performance, financing, loans, etc., it is not for the purpose of defrauding taxes, and there is no loss caused by tax fraud due to deduction, it is not punished for this crime, and if it constitutes other crimes, criminal responsibility shall be investigated for other crimes according to law.

Article 11 Whoever falsely makes out special invoices for value-added tax or other invoices used to defraud export tax rebates or deduct taxes, with the tax amount of more than 100,000 yuan, shall be convicted and punished in accordance with the provisions of Article 205 of the Criminal Law; The amount of falsely making out tax is more than 500,000 yuan and more than 5 million yuan, which shall be deemed as "large amount" and "huge amount" as stipulated in the first paragraph of Article 205 of the Criminal Law respectively.

Under any of the following circumstances, it shall be deemed as "other serious circumstances" as stipulated in the first paragraph of Article 205th of the Criminal Law:

(1) The amount of tax that cannot be recovered reaches more than 300,000 yuan before public prosecution is initiated;

(2) Having been subjected to criminal punishment or administrative punishment for more than two times for falsely issuing invoices within five years, and falsely issuing special invoices for value-added tax or other invoices for defrauding export tax rebates and tax deduction, with the amount of falsely issuing taxes being more than 300,000 yuan;

(3) Other serious circumstances.

Under any of the following circumstances, it shall be deemed as "other particularly serious circumstances" as stipulated in the first paragraph of Article 205th of the Criminal Law:

(a) before the prosecution, the amount of tax that cannot be recovered reached more than 3 million yuan;

(2) Having been subjected to criminal punishment or administrative punishment for more than two times for falsely issuing invoices within five years, and falsely issuing special invoices for value-added tax or other invoices for defrauding export tax rebates and tax deduction, with the amount of falsely issuing taxes being more than 3 million yuan;

(3) Other particularly serious circumstances.

In the name of the same purchase and sale business, false invoices for input value-added tax, other invoices for defrauding export tax rebates and tax deduction, and false expenses, shall be calculated by the larger amount.

Whoever falsely makes out a forged special VAT invoice and meets the standards stipulated in this article shall be investigated for criminal responsibility for the crime of falsely making out a special VAT invoice.

Article 12 Under any of the following circumstances, it shall be deemed as "falsely issuing invoices other than those stipulated in Article 205 of the Criminal Law" as stipulated in the first paragraph of Article 205 of the Criminal Law:

(1) Making invoices for others, for themselves, for others to make invoices for themselves or introduce others without actual business;

(2) Having actual business, but issuing invoices for others, for themselves, for others to introduce others, which are inconsistent with the commodity name, service name, quantity and amount of goods in actual business;

(3) Illegally tampering with electronic information related to invoices;

(four) in violation of regulations by other means.

Thirteenth any of the following circumstances shall be deemed as "serious circumstances" as stipulated in the first paragraph of Article 205th of the Criminal Law:

(1) Falsely issuing invoices with a face value of more than 500,000 yuan;

(2) Falsely issuing more than 100 invoices with a face value of more than 300,000 yuan;

(3) Having received criminal punishment or administrative punishment twice or more for falsely issuing invoices within five years, and falsely issuing invoices, with the par value reaching more than 60% of the standards specified in the first and second paragraphs.

Under any of the following circumstances, it shall be deemed as "the circumstances are particularly serious" as stipulated in the first paragraph of Article 205th of the Criminal Law:

(1) Falsely issuing invoices with a face value of more than 2.5 million yuan;

(2) Falsely issuing more than 500 invoices with a face value of more than 1.5 million yuan;

(3) Having received criminal punishment or administrative punishment twice or more for falsely issuing invoices within five years, and falsely issuing invoices, with the par value reaching more than 60% of the standards specified in the first and second paragraphs.

Whoever makes out false invoices and reaches the standards stipulated in the first paragraph of this article shall be investigated for criminal responsibility for the crime of making out false invoices.

Article 14 Whoever forges or sells forged special VAT invoices under any of the following circumstances shall be convicted and punished in accordance with the provisions of Article 206 of the Criminal Law:

(a) the face tax is more than one hundred thousand yuan;

(2) Forging or selling more than ten forged special invoices for value-added tax with a face tax of more than 60,000 yuan;

(three) the illegal income of more than ten thousand yuan.

Forging or selling forged special invoices for value-added tax with a face tax of more than 500,000 yuan, or more than 50 copies with a face tax of more than 300,000 yuan, shall be deemed as "a large quantity" as stipulated in the first paragraph of Article 206 of the Criminal Law.

Within five years, those who have received criminal punishment or more than two administrative punishments for forging or selling forged special invoices for value-added tax, and have forged or sold forged special invoices for value-added tax, whose face tax amount reaches more than 60% of the standard stipulated in the second paragraph of this article, or whose illegal income is more than 50,000 yuan, shall be deemed as "other serious circumstances" as stipulated in the first paragraph of Article 206 of the Criminal Law.

Forging or selling forged special invoices for value-added tax with a face tax of more than 5 million yuan, or more than 500 copies with a face tax of more than 3 million yuan, shall be deemed as "a huge amount" as stipulated in the first paragraph of Article 206 of the Criminal Law.

Within five years, those who have received criminal punishment or more than two administrative punishments for forging or selling forged special invoices for value-added tax, and have forged or sold forged special invoices for value-added tax, whose face tax amount reaches more than 60% of the standard stipulated in the fourth paragraph of this article, or whose illegal income is more than 500,000 yuan, shall be deemed as "other particularly serious circumstances" as stipulated in the first paragraph of Article 206 of the Criminal Law.

Whoever forges and sells the same special VAT invoice shall be punished as the crime of forging and selling forged special VAT invoices, and the quantity shall not be counted repeatedly.

Whoever alters a special VAT invoice shall be punished as forging a special VAT invoice.

Article 15 Whoever illegally sells special invoices for value-added tax shall be convicted and punished in accordance with the conviction and sentencing standards in Article 14 of this Interpretation.

Article 16 Whoever illegally purchases special VAT invoices or purchases forged special VAT invoices with a face tax of more than 200,000 yuan, or more than 20 invoices with a face tax of more than 100,000 yuan, shall be convicted and punished in accordance with the provisions of the first paragraph of Article 208th of the Criminal Law.

Illegal purchase of two kinds of special invoices for value-added tax, true and false, the cumulative amount of calculation, do not implement combined punishment for several crimes.

Those who buy forged special VAT invoices and sell them are convicted and punished for selling forged special VAT invoices; Illegal purchase of special VAT invoices is used to defraud tax deduction or export tax refund, and at the same time constitutes the crime of illegal purchase of special VAT invoices, the crime of falsely issuing special VAT invoices and the crime of defrauding export tax refund, and shall be convicted and punished in accordance with the provisions of heavier punishment.

Article 17 Whoever forges, manufactures or sells other invoices forged or manufactured without authorization for defrauding export tax rebates or tax deduction shall be convicted and punished in accordance with the provisions of the first paragraph of Article 209 of the Criminal Law:

(a) the face value can be refunded or deducted by more than 100,000 yuan;

(2) Forging, manufacturing or selling more than ten forged or manufactured invoices without authorization, and the face value can be refunded or deducted by more than 60,000 yuan;

(three) the illegal income of more than ten thousand yuan.

Forging, manufacturing or selling other forged or unauthorized invoices that can be used to defraud export tax rebates and tax deductions, where the face value of the invoices can be refunded or deducted more than 500,000 yuan, or where more than 50 invoices can be refunded or deducted more than 300,000 yuan, shall be deemed as "a huge amount" as stipulated in the first paragraph of Article 209 of the Criminal Law; Forging, manufacturing or selling other forged or unauthorized invoices that can be used to defraud export tax rebates and tax deductions, where the face value of the invoices is more than 5 million yuan, or more than 500 invoices with the face value being more than 3 million yuan, shall be deemed as "extremely huge" as stipulated in the first paragraph of Article 209 of the Criminal Law.

Whoever forges, manufactures or sells invoices stipulated in the second paragraph of Article 209 of the Criminal Law without authorization shall be convicted and punished in accordance with the provisions of that paragraph in any of the following circumstances:

(1) The face value is more than 500,000 yuan;

(2) Forging, manufacturing or selling more than 100 forged or unauthorized invoices with a face value of more than 300,000 yuan;

(three) the illegal income of more than ten thousand yuan.

Forging, manufacturing or selling invoices stipulated in the second paragraph of Article 209 of the Criminal Law without authorization shall be deemed as "serious" in any of the following circumstances:

(a) the face value of more than two million five hundred thousand yuan;

(2) Forging, manufacturing or selling more than 500 forged or unauthorized invoices with a face value of more than 1.5 million yuan;

(three) the illegal income of more than fifty thousand yuan.

Whoever illegally sells other invoices for defrauding export tax rebates or deducting taxes shall be convicted and sentenced according to the provisions in paragraphs 1 and 2 of this article.

Whoever illegally sells invoices other than special invoices for value-added tax or invoices used to defraud export tax rebates or deduct taxes shall be convicted and sentenced in accordance with the provisions of paragraphs 3 and 4 of this article.

Eighteenth in any of the following circumstances, it shall be deemed as "a large number" as stipulated in the first paragraph of Article 210-1 of the Criminal Law:

(1) Holding forged special invoices for value-added tax or other invoices with a face value of more than 500,000 yuan; Or more than fifty copies with a face tax of more than 250,000 yuan;

(2) Holding forged invoices other than those specified in the preceding paragraph with a face value of more than 1 million yuan, or more than 100 copies with a face value of more than 500,000 yuan.

If the number, face value or face value of forged invoices reached more than five times the standard stipulated in the preceding paragraph, it shall be deemed as "a huge amount" as stipulated in the first paragraph of Article 210-1 of the Criminal Law.

Article 19 Whoever knowingly provides an account number, credit certificate or other assistance to another person who commits a crime endangering tax collection and management shall be punished as an accomplice in the corresponding crime.

Twentieth units to implement the crime of endangering tax collection and management of conviction and sentencing standards, in accordance with the provisions of this interpretation of the standards.

Article 21 If the crime of endangering tax collection and management is committed, resulting in national tax losses, and the actor pays back the tax, recovers the tax losses, and makes effective compliance and rectification, he may be given a lenient punishment; If the circumstances of the crime are minor and there is no need to be sentenced to punishment, prosecution may not be initiated or criminal punishment may be exempted; If the circumstances are obvious, minor and harmless, it will not be treated as a crime.

For the implementation of the provisions of this interpretation, the relevant acts are not prosecuted or exempted from criminal punishment, and it is necessary to give administrative punishment, administrative punishment or other punishment, which shall be transferred to the relevant competent authorities for handling according to law. The relevant competent authorities shall promptly notify the people’s procuratorate and the people’s court of the results.

Article 22 This Interpretation shall come into force as of March 20, 2024. Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the NPC Standing Committee’s Decision on Punishing the Crime of Falsely Making Out, Forging and Illegally Selling Special VAT Invoices (Fa Fa [1996] No.30), Interpretation of the Supreme People’s Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Cheating Export Tax Refund (Fa Shi [2002] No.30) and Interpretation of the Supreme People’s Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Tax Evasion and Refusal (No.30) If the judicial interpretations previously issued by the Supreme People’s Court and the Supreme People’s Procuratorate are inconsistent with this interpretation, this interpretation shall prevail.

Punish typical criminal cases that endanger tax collection and management according to law

Catalogue

1. The tax evasion case of a food company in Sichuan and Zheng Moumou.

2. A catering company in Beijing, Chen Mou and Gong Mou evaded the case of recovering tax arrears.

Third, Shi Moumou and others defrauded the export tax rebate case.

Four, a technology company in Zhenjiang, Hong Moumou, Zhou Mou and others defrauded the export tax rebate, and a trading company in Shenzhen falsely issued a special VAT invoice.

V. The case of Jin Moumou and others falsely issuing special VAT invoices.

Six, an industrial company in Shanghai, Zhang Moumou falsely issued a special VAT invoice.

7. A waterproof material company in Shandong and Xu Moumou falsely issued a special VAT invoice.

Eight, Yang’s false invoicing case

Case 1

Tax evasion case of a food company in Sichuan and Zheng Moumou

-entity enterprises actively pull losses and rectify after breaking the law, and are lenient according to law.

(1) Basic facts of the case

Defendant Sichuan Food Co., Ltd. is a small-scale food production enterprise with the qualification of general taxpayer. From 2017 to 2019, Zheng Moumou, the legal representative of the company, arranged for the company’s financial personnel to make false tax returns by deception and concealment, and evaded paying taxes totaling 1.27 million yuan, with the annual tax evasion rate ranging from 80% to 97%. On September 29, 2021, the tax authorities issued the Decision on Tax Treatment and the Decision on Tax Administrative Punishment to the defendant unit, ordering them to pay the evaded taxes and fines within a time limit. The defendant unit failed to pay on time. On October 14 of the same year, the tax authorities again served the defendant with the Notice of Tax Matters, limiting him to pay the above amount before the 28th of that month. After the expiration of the period, the defendant unit still failed to pay. On May 6, 2022, the tax authorities handed over the clues of the company’s suspected tax evasion crime to the public security organs. The public security organ filed a case for investigation the next day. Zheng surrendered himself after receiving the telephone notice from the public security organ. On March 6, 2023, the defendant unit issued a letter of commitment to the tax authorities to apply for an extension of tax payment in batches, which was approved, and paid part of the evaded tax on the 8 th of that month.

(II) Processing results

The People’s Procuratorate of Renshou County, Sichuan Province prosecuted a food company in Sichuan and Zheng Moumou for alleged tax evasion. Renshou County People’s Court of Sichuan Province held that the defendant company Sichuan Food Co., Ltd. made a false tax declaration or failed to declare by deception or concealment, and evaded paying a huge amount of tax, accounting for more than 30% of the tax payable, and failed to pay it after the tax authorities issued a notice of recovery according to law, which constituted a crime of tax evasion. The defendant Zheng Moumou, as the person in charge directly responsible for the defendant unit, also constitutes the crime of tax evasion. Renshou County People’s Court of Sichuan Province sentenced the defendant, a food company in Sichuan, to a fine for tax evasion; The defendant Zheng Moumou was sentenced to one year in prison, suspended for two years, and fined RMB30,000; The unpaid taxes shall be ordered to be recovered. After the verdict was pronounced in the first instance, there was no protest or appeal, and the judgment has taken legal effect.

(3) Typical significance

Taxation is the main source of national finance, which is taken from the people and used by the people. Paying taxes according to law is the basic obligation of citizens and the legal obligation of enterprises. Tax evasion damages national finance, disrupts economic order and erodes social integrity, which is not only illegal, but also constitutes a crime with a large amount. For tax evasion, on the one hand, we should punish according to law, warn taxpayers to enhance their awareness of paying taxes through "punishment", pay taxes according to law, and promote "governance" through "punishment"; On the other hand, we should also take into account the characteristics of tax revenue and the status quo of tax payment, and give taxpayers an opportunity to make up for it, instead of "killing them with one stick." According to the fourth paragraph of Article 201 of the Criminal Law, the tax authorities should deal with the criminal responsibility of tax evaders first, which not only gives taxpayers a chance to remedy, but also helps to recover tax losses in time. The defendant unit in this case is a welfare enterprise, which solves the employment of more than a dozen disabled employees and bears certain social responsibilities; Affected by the epidemic, the tax was not paid as scheduled after the incident; Before the court makes a judgment, it makes a plan to pay back the tax and gets the approval of the tax authorities. In order to effectively implement both "punishment" and "governance", the court, in conjunction with the tax authorities, conducted a business risk review of the defendant unit, and after the enterprise carried out compliance rectification, lenient punishment was given to the defendant unit and the defendant, effectively avoiding the adverse consequences of destroying an enterprise due to a case.

travel to watch industry

A catering company in Beijing, Chen Mou, Gongmou

Evade the case of recovering tax arrears

-the taxpayer does not pay attention to honesty and transfer property to bear criminal responsibility.

(1) Basic facts of the case

Defendants Chen Mou and Gong Mou jointly established a catering company in Beijing in 2006, with Chen Mou as the legal representative and Gong Mou as the supervisor. Later, the first branch and the second branch were established in 2007 and 2012 respectively, with Chen Mou as the person in charge. From 2012 to 2013, a catering company, the first branch and the second branch used 53 fake invoices from four companies, including Wal-Mart, which were deducted from the taxable income of corporate income tax in 2012 and 2013, and filed corporate income tax returns with the State Taxation Bureau of Shunyi District, Beijing. In July 2014, the Inspection Bureau of Shunyi District State Taxation Bureau conducted a tax inspection on a catering company, and then made an administrative decision. It was determined that the company used invoices that did not meet the requirements, and the taxable income in 2012 and 2013 was increased by a total of 3.69 million yuan. The enterprise income tax in 2012 and 2013 should be paid back by a total of 920,000 yuan, and the late payment fee should be paid. Defendants Chen Mou and Gong Mou established Hongmou Catering Company at the business address of the first branch, Shimou Catering Company at the business address of the second branch, opened a new account for the business use of the second company, and cancelled the first and second branches. At the same time, a catering company no longer applied for invoices, and the company account was no longer used after freezing. Through the above way,Escape from the Shunyi District State Taxation Bureau to recover taxes. By the time of the incident, there were still more than 820,000 yuan in taxes that could not be recovered. After the incident, a catering company paid back the unpaid enterprise income tax and late payment fee totaling more than 1.3 million yuan.

(II) Processing results

The People’s Procuratorate of Shunyi District of Beijing prosecuted a catering company, Chen Mou and Gongmou for allegedly evading the crime of recovering tax arrears. The Shunyi District People’s Court of Beijing held that the accounting books of the defendant unit were chaotic and the records were not standardized, and the evidence on file could not identify the actual and reasonable expenses related to income, so the tax should be paid back according to the amount identified in the tax treatment decision. The defendant unit fails to pay the tax payable by transferring or concealing property, which makes it impossible for the tax authorities to recover the unpaid tax, and the amount exceeds the standard of 10 thousand yuan stipulated in the criminal law, which has constituted the crime of evading the recovery of tax arrears. The Shunyi District People’s Court of Beijing sentenced a catering company of the defendant unit to a fine of RMB 850,000 yuan for evading the payment of tax arrears. Defendants Chen Mou and Gong Mou were sentenced to three years in prison, suspended for three years, and fined 850,000 yuan. After the verdict was pronounced in the first instance, the defendant Gong Mou appealed. After hearing the case, Beijing No.3 Intermediate People’s Court ruled that the appeal was dismissed and the original judgment was upheld.

(3) Typical significance

Although the tax arrears do not constitute a crime, it is not only a violation of the duty to pay taxes, but also a violation of the principle of good faith if the taxpayer has the ability to pay taxes and refuses to pay taxes. If the amount of tax that cannot be recovered reaches more than 10,000 yuan, it constitutes the crime of evading the recovery of tax arrears according to law. In this case, the defendant unit and the defendant evaded paying the unpaid tax by canceling the taxpayer, setting up a new company and opening a new account, and the amount reached more than 100,000 yuan. According to the law, they should be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and be fined not less than one time but not more than five times the unpaid tax. The people’s court sentenced the defendant unit and the defendant to punishment according to law, which not only effectively safeguarded the national tax order, but also safeguarded the market environment of honest management.

Case 3

Shi Moumou and others defrauded the export tax rebate case.

-"Low value and high reporting" will be severely punished for defrauding export tax rebates.

(1) Basic facts of the case

In December 2017, the defendant Shi Moumou registered and established Tongling Bomou Technology Co., Ltd. (hereinafter referred to as Bomou Company) and Tongling Jinmou Technology Co., Ltd. (hereinafter referred to as Jinmou Company). Among them, Bomou Company enjoys preferential tax policies as a software enterprise. Through the above two companies controlled by Shi Moumou, he wrote the blank chips purchased by 0.7 yuan at a unit price into the current sampling control software, and then inflated the price to 200 yuan. From January to August, 2019, in the name of selling current sampling control chips, Bomou Company falsely sold to Jinmou Company and falsely issued special VAT invoices. After that, Shi Moumou and Huang Mobo, the co-defendant, agreed that An Company in chibi city, Hubei Province, controlled by the latter, would export the current sampling control module of Jin Company on behalf of him, in the form of signing a false purchase contract, so that Jin Company would sell the current sampling control module to An Company at a unit price around 230 yuan, and then An Company and Hai Company established by Huang Mobo would sign a false purchase contract for the current sampling control module and export it to Hong Kong. After Shi arranged for others to pick up the goods in Hong Kong, he treated the current sampling control module as garbage. After the goods were exported, Shi Moumou, Huang Mobo and others raised US dollars, returned the funds, and settled the foreign exchange in Anmou Company. Jinmou Company mailed the special VAT invoice to Anmou Company, and Anmou Company applied to the tax authorities for export tax rebate with the above-mentioned falsely issued special VAT invoice and export customs declaration materials. From December 2018 to 2019,Anmou Company defrauded more than 5.7 million yuan of export tax refund through 149 special VAT invoices falsely issued by Jinmou Company. After deducting the export agent and other expenses, the balance was returned to Jinmou Company in the form of payment. After identification, the market value of current sampling control chip produced by Bo company is 1.32 yuan, and the market value of current sampling control module produced by Jin company is 7.31 yuan.

(II) Processing results

The People’s Procuratorate in the suburb of Tongling City, Anhui Province prosecuted Shi Moumou and others for allegedly defrauding export tax rebates. The people’s court in the suburb of Tongling City, Anhui Province held that the defendant Shi Moumou and others defrauded the export tax rebate of more than 5.7 million yuan by means of falsely reporting exports, and the amount was extremely huge, which constituted the crime of defrauding export tax rebates. The suburban people’s court of Tongling City, Anhui Province sentenced the defendant Shi Moumou to 11 years in prison for defrauding export tax rebates and fined him RMB 5 million. The defendants in the same case were sentenced to five to six years in prison and fined. After the verdict was pronounced in the first instance, the defendant Shi Moumou and others appealed. After trial, the Intermediate People’s Court of Tongling City, Anhui Province decided to maintain the conviction and sentencing of the defendants.

(3) Typical significance

The crime of defrauding export tax refund is one of the serious crimes that endanger tax collection and management. As an international practice, in order to encourage the export of domestic goods and enhance international competitiveness, the state allows domestic goods to enter the international market at a price excluding tax, that is, after the goods are exported, the tax paid in the domestic production and circulation links will be refunded to avoid international double taxation. Using this tax policy of the state, criminals falsely report exports or other deceptive means to disguise businesses that have not been exported or should not be refunded as tax-refundable businesses to defraud export tax rebates. This kind of behavior is essentially a fraud crime of illegal possession of state property, which has serious harm and should be severely punished according to law. Although the actor has exported, he fraudulently inflated the price of low-priced products, falsely issued special invoices for value-added tax, and defrauded the state for export tax rebates with inflated export tax rebates. The amount is particularly huge, causing huge property losses to the state, which should be severely cracked down according to law.

Case 4

A technology company in Zhenjiang, Hong Moumou and Zhou Mou defrauded the export tax rebate and a trading company in Shenzhen falsely issued a special VAT invoice.

-Punishing crimes related to falsely issuing special VAT invoices and defrauding export tax rebates according to law.

(1) Basic facts of the case

From 2014 to August 2017, in order to defraud the export tax rebate, the defendants Hong Moumou and Zhou Mou contacted a trading company in Shenzhen, the defendant unit, and when a trading company in Shenzhen purchased goods from an upstream mobile phone supplier such as a communication technology company in Guangdong, they signed a false mobile phone purchase contract with the upstream supplier in the name of four companies, including a technology company in Zhenjiang controlled by Zhou, providing false capital flow and adopting the method of separating tickets from goods. The special VAT invoice that the upstream supplier should have issued to a trading company in Shenzhen was issued to a company controlled by Zhou, thus obtaining a false special VAT invoice, and a trading company in Shenzhen charged a high billing fee. At the same time, in order to obtain the customs declaration documents for export tax rebate, a number of Hong Kong companies controlled by Hong Moumou signed false mobile phone export foreign trade contracts with companies controlled by Zhou, and rented "prop" mobile phones from others to pretend to be the mobile phones in foreign trade contracts for false customs declaration by borrowing goods and matching bills. Finally, the company controlled by Zhou made a false declaration to Zhenjiang State Taxation Bureau with the above-mentioned documentary procedures, and defrauded the national export tax rebate of more than 720 million yuan.

(II) Processing results

The People’s Procuratorate of Zhenjiang City, Jiangsu Province prosecuted Hong Moumou, Zhou Mou and others, a technology company in Zhenjiang and other units for allegedly defrauding export tax rebates, and a trading company in Shenzhen for allegedly falsely issuing special invoices for value-added tax. The Intermediate People’s Court of Zhenjiang City, Jiangsu Province sentenced a technology company in Zhenjiang, the defendant, to a fine of RMB 100 million for defrauding export tax rebates. The defendant Hong Moumou was sentenced to 14 years in prison and fined 726 million yuan; The defendant Zhou was sentenced to nine years in prison and fined RMB 5 million; Sentenced a defendant company in Shenzhen to a fine of RMB 500,000 for falsely issuing special VAT invoices; The defendants in the same case were sentenced to three to ten years in prison and fined. After the verdict was pronounced in the first instance, Zhou and other defendants appealed to a trading company in Shenzhen. After hearing the case, the Higher People’s Court of Jiangsu Province ruled that the appeal was rejected and the original judgment was upheld.

(3) Typical significance

In recent years, the crime of defrauding export tax rebate has developed in industrialization, resulting in huge tax losses for the country and extremely bad influence on the country’s export tax rebate policy and export trade activities. This kind of crime often involves many criminal chains, such as false opening, distribution of goods, customs declaration, underground money house, tax refund, etc., with fine internal division of labor, relative independence and collusion, showing the characteristics of industrialization, specialization and concealment. There are three gangs involved in this case, namely, "purchasing tax tickets, making fake exports, and declaring tax refund". The time and links for the defendants and the defendant units to participate are different, so they should be dealt with qualitatively according to the specific criminal acts they participated in. In the production and business activities of enterprises with real transactions, in order to earn the billing fee, it should be considered as a crime of falsely issuing special VAT invoices for upstream enterprises to others. Whoever falsely issues special VAT invoices for others knowing that they have the subjective intention of defrauding export tax rebates shall be convicted and punished as an accomplice in the crime of defrauding export tax rebates. At the same time, for the multi-link and multi-chain criminal acts such as tax fraud, it is not possible to judge whether it has caused the loss of national tax revenue according to a single link, but the whole chain should be comprehensively analyzed.

Case 5

Jin Moumou and others falsely issued special VAT invoices.

-Shell companies falsely issuing special VAT invoices should be severely cracked down.

(1) Basic facts of the case

From 2018 to before the incident, the defendant Jin Moumou hired defendants Chen Moumou, Li Moumou, Wang Moumou and others to register or purchase nearly 40 shell companies such as Shanghai Suimou Trading Co., Ltd. in the name of others. In the absence of any actual goods transaction, Jin Moumou paid 1.3%-2.2% of the invoice value to others, and accepted false special invoices for value-added tax issued by many companies in Shandong, Zhejiang and other places by means of separation of tickets and goods and circuitous payment of funds, with a total price tax of more than 380 million yuan and a tax amount of more than 46 million yuan. Later, through the fictitious purchase and sale of goods, Jin Moumou falsely issued special invoices for value-added tax to enterprises in Shanxi, Hebei, Shanghai and other places, with a total price tax of more than 220 million yuan, resulting in a tax deduction of more than 27 million yuan.

(II) Processing results

The People’s Procuratorate of Tiantai County, Zhejiang Province prosecuted Jin Moumou and others for allegedly falsely issuing special invoices for value-added tax. The Tiantai County People’s Court of Zhejiang Province held that the defendant Jin Moumou falsely made out special invoices for value-added tax for others and let others falsely make out special invoices for himself without real transactions, with a huge amount; Other co-defendants knew that Kim was still involved in falsely issuing special VAT invoices, which constituted the crime of falsely issuing special VAT invoices. The Tiantai County People’s Court of Zhejiang Province sentenced the defendant Jin Moumou to 14 years’ imprisonment and fined RMB 450,000. The defendants in the same case were sentenced to fixed-term imprisonment of three years to thirteen years and six months respectively, and fined. After the verdict was pronounced in the first instance, the co-defendant appealed. After trial, the Intermediate People’s Court of Taizhou City, Zhejiang Province ruled that the appeal was dismissed and the original judgment was upheld.

(3) Typical significance

The key to distinguishing special VAT invoice from other ordinary invoices is that it can deduct tax by ticket, which is also the core function of special VAT invoice. Criminals use this function of special invoices for value-added tax to make false deductions, defrauding state taxes, causing losses to state property and serious harm. Therefore, the criminal law provides severe legal punishment for the crime of falsely issuing special VAT invoices. According to the provisions of the Criminal Law, combined with the serious harm of the crime of falsely issuing special VAT invoices, whether it is for others, for yourself, for others to be themselves, or to introduce others, as long as it is falsely issued by using the tax deduction function of special VAT invoices, it belongs to the act of falsely issuing special VAT invoices. It is the key to crack down on the crime of falsely issuing special invoices for value-added tax by setting up shell companies.

Case 6

An industrial company in Shanghai and Zhang Moumou falsely claimed VAT.

Special invoice case

-Punish enterprises for issuing special VAT invoices to each other without real transactions according to law.

(1) Basic facts of the case

In August 2017, Zhang Moumou, the head of an industrial company in Shanghai, the defendant unit, falsely issued two special VAT invoices for the industrial company through a clothing company in Shanghai operated by Tang Moumou, with a total price tax of more than 220,000 yuan, of which more than 30,000 yuan has been declared and deducted. The following month, Zhang Moumou issued a special VAT invoice for the same tax for the clothing company in the name of a knitting and garment factory actually controlled by him, without any actual business dealings, to offset the tax.

In September, 2017, Zhang Moumou and Lu Mou, a salesman of an industrial company, made a fluff product company in Hebei falsely issue four special VAT invoices for the industrial company by paying the billing fee, with a total price tax of more than 380,000 yuan, of which more than 50,000 yuan has been declared and deducted.

During the period from September to December, 2017, when Zhang Moumou was operating an industrial company and a knitting factory, he asked the knitting factory to falsely issue 12 special invoices for value-added tax for the industrial company, with a total price tax of more than 1.01 million yuan, of which more than 140,000 yuan has been declared and deducted.

After the incident, the industrial company has paid all the taxes involved to the tax authorities.

(II) Processing results

The People’s Procuratorate of Songjiang District of Shanghai initiated a public prosecution against industrial company, Zhang Moumou and Lu for allegedly falsely issuing special VAT invoices. Shanghai Songjiang District People’s Court sentenced the defendant’s industrial company to a fine of RMB 30,000 for falsely issuing special VAT invoices. The defendant Zhang Moumou was sentenced to one year in prison and suspended for one year; The defendant Lu was detained for six months and suspended for six months. After the verdict was pronounced in the first instance, there was no protest or appeal, and the judgment has taken legal effect.

(3) Typical significance

Where the actors issue or circulate special VAT invoices to each other, and the output tax and input tax cannot offset each other, resulting in the loss of state tax, criminal responsibility shall be investigated for the crime of falsely issuing special VAT invoices. For the purpose of inflating performance and other purposes, those who engage in counter-opening or ring-opening activities, which have not caused national tax losses, shall not be punished as crimes of falsely issuing special invoices for value-added tax, and those who constitute other crimes shall be investigated for criminal responsibility with corresponding crimes. In handling cases, we should pay attention to the essential points of "falsely issuing special invoices for value-added tax and causing national tax losses", comprehensively examine and identify crimes from the aspects of whether the actors have the intention to defraud taxes subjectively, whether they have paid taxes objectively and caused tax losses, and strictly distinguish between violations and illegal crimes.

Case 7

A waterproof material company in Shandong and Xu Moumou falsely made VAT.

Special invoice case

-entity enterprises shall be treated leniently according to law for enterprise compliance rectification.

(1) Basic facts of the case

From June 2019 to September 2021, Gou Moumou (handled separately) registered a number of shell companies in the name of others, and falsely issued special VAT invoices to many enterprises in Jiangsu, Henan, Zhejiang, Fujian, Shandong and other places without real goods transactions, with a tax amount of 7.39 million yuan. Among them, in September 2019, a waterproof material company in Shandong (hereinafter referred to as waterproof company) falsely issued 22 special invoices for value-added tax for it through a shell company controlled by Gou Moumou in order to deduct taxes, and the tax amount was more than 270,000 yuan. From August to October, 2019, Xu also falsely issued 59 special invoices for value-added tax to two companies, including a waterproof building materials company in Xiamen, where he was an executive, through a shell company controlled by Gou Moumou, with a tax amount of more than 750,000 yuan. All the above invoices are used for deduction, and the input tax has been transferred out after the incident.

In April 2022, the case was transferred to the People’s Procuratorate of Shouguang City, Shandong Province for review and prosecution by the Public Security Bureau of Shouguang City, Shandong Province. After the case was transferred for review and prosecution, Xu said that he pleaded guilty and took the initiative to apply for the start of corporate compliance procedures for waterproof companies and voluntarily carried out compliance rectification. After on-the-spot investigation, the procuratorial organ learned that the waterproof company has been operating normally since it was incorporated in 2015, and its products have good development prospects and potential, with an annual output value of 30 million to 50 million, which has made a certain contribution to the local economic development. Compliance rectification is conducive to the long-term business development of the enterprise. In November 2022, the procuratorial organ decided to apply the enterprise compliance and third-party supervision and evaluation mechanism to the waterproof company.

(II) Processing results

The procuratorial organ invited Shouguang City Management Committee of the third-party supervision and evaluation mechanism for enterprise compliance to set up a third-party supervision and evaluation organization composed of local tax authorities’ staff and lawyers to guide and urge waterproof companies to formulate compliance rectification plans, clarify the key contents of enterprise-specific compliance rectification, and establish and improve relevant compliance management systems. Waterproof company employs a professional compliance team to carry out compliance rectification according to the compliance plan for legal affairs, taxation and other fields, and to carry out rule of law education for management personnel. After the rectification of enterprise compliance, Xu Moumou and enterprise managers put down their ideological burdens and actively organized production and business activities. At the same time, the procuratorial organs strengthen the guidance for the standardized operation of enterprises involved, and urge enterprises to enter a benign development track. In April, 2023, it was assessed by a third-party organization that the waterproof company had completed effective compliance rectification.

In October 2023, the People’s Procuratorate of Shouguang City, Shandong Province decided not to prosecute the waterproof company with reference to the conclusion of the compliance inspection; Prosecute Xu for allegedly falsely issuing special invoices for value-added tax, and put forward lenient sentencing suggestions. The People’s Court of Shouguang City, Shandong Province sentenced the defendant Xu Moumou to two years’ imprisonment, suspended for two years, and fined RMB 20,000. After the verdict was pronounced in the first instance, there was no protest or appeal, and the judgment has taken legal effect. After a return visit, it is known that the waterproof company is operating normally, the output value remains stable and the employees on the job are stable.

(3) Typical significance

In the compliance reform of enterprises involved, procuratorial organs should give full play to their role, accurately grasp the applicable conditions for compliance rectification, and rely on the third-party supervision and evaluation mechanism management Committee to ensure that cases are properly handled and compliance is effectively carried out. It is necessary to comprehensively consider the alleged charges of the case, the type, scale, business scope and main business of the enterprise involved, set up a third-party organization in a targeted manner, and focus on the problems existing in the internal governance structure, rules and regulations, personnel management, etc., which are closely related to the suspected crimes of enterprises, and urge enterprises to formulate special compliance rectification plans and build an effective compliance management system. In handling cases, according to the criminal facts, circumstances and performance in compliance rectification of the enterprises and personnel involved, decisions can be made respectively according to law, and the units that effectively comply with the rectification are relatively not prosecuted; If the person who is directly responsible does not meet the conditions for non-prosecution, a public prosecution shall be initiated according to law, and suggestions for lenient sentencing shall be put forward.

Case 8

Yang falsely invoiced the case.

-Falsely issuing ordinary invoices may also constitute a crime.

(1) Basic facts of the case

From 2014 to 2022, the defendant Yang registered and established 11 companies in the name of close relatives or others. In the absence of actual business, through the introduction of middlemen Liu (handled separately), Fu Moumou (handled separately) and others, 11 companies were used to falsely open ordinary VAT invoices by means of false accounting and capital return, from which they received benefits of 0.5%-1.5% of the face value, with a total profit of more than 3.4 million yuan. After inspection by the tax authorities, Yang falsely issued 14,370 ordinary VAT invoices through the above 11 companies, with a cumulative face value of more than 1.2 billion yuan.

(II) Processing results

The People’s Procuratorate of Tianjin Binhai New Area prosecuted Yang for allegedly falsely invoicing. The People’s Court of Tianjin Binhai New Area held that the defendant Yang violated the national tax collection and management regulations and falsely issued ordinary invoices for others without actual business activities, which constituted the crime of falsely issuing invoices, and the circumstances were particularly serious. Tianjin Binhai New Area People’s Court sentenced Yang to six years’ imprisonment and fined 200,000 yuan for the crime of falsely issuing invoices. After the verdict was pronounced in the first instance, there was no protest or appeal, and the judgment has taken legal effect.

(3) Typical significance

Although the ordinary invoice has no tax deduction function compared with the special VAT invoice, it is the original evidence of accounting, and it is also an important basis for law enforcement inspection by audit institutions and tax authorities. There are relevant regulations on the printing, collection and issuance of invoices. In order to obtain illegal benefits, criminals engage in illegal and criminal acts of falsely issuing invoices, and provide convenience for tax evasion, tax fraud, financial fraud, corruption and bribery, squandering public funds, money laundering and other illegal crimes, which seriously disrupt the market economic order, encourage the spread of corruption, and corrupt the social atmosphere, with serious social harm. In 2011, the Criminal Law Amendment (VIII) added the crime of false invoicing, which did not require a specific purpose or the harmful result of tax loss, and complied with the needs of social governance. By setting up a number of shell companies, the perpetrator fraudulently made out invoices from the tax authorities. The number and amount of false invoices were extremely huge, and the circumstances were particularly serious. Although there was a confession and voluntary confession, the court sentenced him to six years in prison, which reflected the attitude of punishing the crime of false invoices according to law.

Original title: "signing a" yin and yang contract "is a means of tax evasion! "two highs" are clear.

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Ruby Lin Rare Show Happiness Daily Sharing Wallace Huo’s Pet Daughter Behavior

Ruby Lin

Ruby Lin

According to Taiwan media reports on the 26th, Ruby Lin, 46, married Wallace Huo in 2016, and had a daughter "Little Dolphin". From time to time, she shared her parenting life on social platforms. Ruby Lin was found to have had her hair cut short when she attended an endorsement event on 26th. She revealed that her daughter was crying over this, and asked Ruby Lin to grow it as soon as possible. She also revealed that Wallace Huo spoiled her daughter and even asked her to wear nail polish and eye shadow.

Ruby Lin’s 5-and-a-half-year-old daughter loves to braid her hair. After she cut her hair short, her daughter cried and said, "Mom, you cut your hair!" Ruby Lin is required to keep her hair long. Usually, she is required to wear a skirt at home, which makes Ruby Lin laugh and cry. When she has special needs, she will go to her father Wallace Huo: "Because I have more regulations, I usually skip me to find my father, because my father is reluctant to refuse."

Wallace Huo even accepted her daughter’s request for makeup. Ruby Lin said with a smile: "I was bored by her (daughter) and told her to go to her father, who didn’t wear makeup." My daughter painted everything from nail polish to eye shadow, and all of them used super bright colors. Ruby Lin couldn’t help taking pictures to commemorate her.

Patent mining

  (1) Training target: enterprises and institutions that have a certain demand for various applications of patents and have a certain ability to use them, except patent applications. Have a certain patent foundation, a special intellectual property department in the enterprise, and intellectual property management personnel with certain patent-related knowledge.

  (2) Course orientation: patent creation, intermediate courses and practical training.

  (3) Training time: 4 class hours.

  (4) Teaching content: Patent mining refers to the process of analyzing, sorting, splitting and screening the obtained technical achievements from the technical and legal levels in technology research and development or product development, so as to determine the technological innovation points and technical solutions for applying for patents, and it is a process of extracting the technological innovation points and solutions with patent application and protection value from the innovation results. Patent mining is at the front end of enterprise patent workflow, which has a far-reaching impact on patent management, application and protection in the later period. It is the foundation of enterprise patent work and is conducive to maximizing legal rights and commercial benefits and minimizing patent infringement risks. This course highlights the characteristics of patent mining through the process of gold panning, shows and explains all the steps in the whole process of patent mining through the case of "soap box", and puts forward three "grasping hands" to effectively carry out patent mining at the end of the course. Through this simple way, the purpose is to enable the trainees to understand and master the significance and specific process of patent mining as soon as possible, and to understand how enterprise managers and patent workers can carry out patent mining within the enterprise, so as to prompt the innovation achievements of the enterprise to be converted into patent applications in time, so as to obtain stronger patent protection.

On "Patent Invalidation" of Drug Patents

As an important protection in the process of drug development, patent is self-evident. The number of patents owned by an enterprise not only forms important intellectual property protection for products, but also reflects the status and value of the enterprise. However, patents are also divided into "three, six and nine grades". A high-quality authorized patent not only protects the value of the product, but also has high value itself. However, a patent full of loopholes is difficult to obtain authorization. Even if it is authorized, it will be easily challenged by competitors, and eventually it will be "invalid", which will bring serious economic losses to enterprises. Therefore, it is extremely important for the pharmaceutical industry to understand "invalid patent" and achieve "from defense to attack"

What is the "patent invalidation system"

Patent invalidation system, which is regarded as "a corrective procedure for wrong patent authorization", has attracted much attention in patent systems in various countries, and its essence has the functions of error correction, defense and defense. The invalidation of patent will have a direct impact on the validity of patent right, and whether the patent right is effective and stable is an important premise and index to measure the quality of patent. Generally speaking, the invalidation of an invention-creation experience is finally kept valid, and its patent value is higher, which will also have an important impact on the subsequent measures taken by the patentee and the invalid claimant.

With the rapid increase in the number of drug patent applications and patent authorizations in China, there are more and more phenomena of using invalidation to challenge other people’s drug patents and expand their own benefits. Even the patent departments of some companies will organize personnel to "attack" competitors’ patents; At the same time, in order to keep the core claims of their own patents, some patentees have reduced their patent protection scope through invalidation to avoid subsequent patent litigation. In short, it is one of the necessary skills for every pharmaceutical company to protect its "core rights" by using the patent invalidation system as much as possible.

Based on the case of sildenafil patent in Pfizer, the author explains the importance of "invalid patent". In this case, the key points of the game for "invalid reasons" are as follows:

1. The patent specification shall explain the drug activity, preparation method, effective dosage and use method of the drug, and describe the medical effect of the drug on the second indication in detail through animal experiment or clinical trial data. However, the writing of the instructions is far from the above requirements, so that technicians in the technical field can’t know what medicine to use, what disease to treat, how to use the medicine correctly and how effective it is by reading the instructions without creative labor.

Second, this patent specification only generally records that the compounds of the present invention have been tested in vitro and found to be strong selective inhibitors of PDE-V with specificity for cGMP; Ordinary technicians in this profession can’t see what the so-called particularly preferred compounds are from this description, while the claims seek to protect the use of four products, and ordinary technicians in this profession can’t determine the relationship between these four products and the particularly preferred compounds in the above text description.

Three, the applicant made a major amendment to the claim, in fact, after the original claim was deleted and reassembled. This modification cannot be directly and undoubtedly derived from the information disclosed in the original specification and claims. Obviously, because the original specification and the claims did not fully disclose that the products in the present claims have clear medical functions and unexpected technical effects as required by the Patent Law, the modification results of the claims cannot be directly and undoubtedly derived from the specification and the original claims.

4. As the existing cGMP and PDE inhibitors can be used to treat ED, it has been suggested and suggested many times in the relevant literature, it is not difficult for ordinary technicians in this field to draw the results in the claims from these tips and suggestions.

On the above questions, Pfizer answered each "invalid reason" one by one, proving that there is no problem with the creativity of its patent. After that, the original Patent Reexamination Board of China National Intellectual Property Administration finally declared the patent authorized by the original research company Pfizer invalid through in-depth research. Pfizer was dissatisfied with the above decision of the original re-examination board, and immediately appealed to the Beijing No.1 Intermediate People’s Court to sue the original patent re-examination board, requesting the court to cancel its decision of invalidation. After repeated debates, in 2006, the Beijing No.1 Intermediate People’s Court officially announced the revocation of the decision of No.6228 made by the original Patent Reexamination Board. Since then, Pfizer’s Viagra has made huge profits in China every year, but sildenafil produced by domestic generic drug companies cannot be listed. This situation continued until the listing of domestic sildenafil "Jinge" in 2014.

The importance of "public opinion"

The application for "invalid patent" can not be disputed only after authorization. When the application documents appear, they can be questioned in the form of "public opinions". Article 48 of the Detailed Rules for the Implementation of the Patent Law stipulates that "from the date of publication of an application for a patent for invention to the date of announcement of the grant of a patent right, anyone may put forward opinions to the patent administration department of the State Council and explain the reasons", which is also called "public opinions" in the industry. Pharmaceutical enterprises should make full use of this provision to protect their own interests to the maximum extent.

The rosiglitazone case illustrates the importance of "public opinion". In 1993, GlaxoSmithKline applied for a series of patents including pharmaceutical compounds and compositions, such as the invention patent application with the application number of CN98805686.0, which requested to protect the pharmaceutical composition containing 2mg~8mg of rosiglitazone. The application date was June 2, 1998, the publication date was July 5, 2000, and it was authorized on July 2, 2003. It can be seen that it took about three years from the disclosure of the patent application to the announcement of authorization. During these three years, the relevant enterprises in China did not put forward any "public opinions".

In 2004, when Shanghai Sanwei Pharmaceutical, Zhejiang Wanma Pharmaceutical, Chongqing Taiji Group and other domestic enterprises have invested a lot in research and development of this drug or entered the stage of drug registration, they suddenly received a lawyer’s letter from GlaxoSmithKline, claiming that the products developed by the above-mentioned enterprises infringed their patent ZL98805686.0, demanding that the above-mentioned enterprises stop the research and development and listing of related products and compensate for the losses. As a result, these enterprises jointly requested the original patent reexamination board to declare the patent invalid. Although the case ended in GlaxoSmithKline’s abandonment of the patent, it lasted for a long time and had a great impact, causing huge losses to China enterprises.

Analyzing the case, when domestic pharmaceutical companies were ready for production and even obtained the approval of drug production, they found that they were facing the infringement lawsuit of foreign pharmaceutical companies, so they passively responded and rushed to the original Patent Reexamination Board to file a patent invalidation request in an attempt to invalidate the patent. In this case, even if the patent right can finally be declared null and void in whole or in part, China enterprises still face huge market risks and interest losses due to the long trial period and long-term uncertainty of rights.

In fact, an application for a patent for invention will be published within 18 months from the date of filing (unless the applicant requests it to be published in advance), and then the Patent Office will start substantive examination on it at the request of the applicant. If the examiner thinks that the patent application conforms to the relevant provisions of the Patent Law and the Detailed Rules for the Implementation of the Patent Law, the patent right will be granted and announced to the public, otherwise, it will be rejected. After the patent is granted, anyone (the third party) who thinks there is a problem with the patent grant may go to the relevant department to request that the patent be declared invalid. Of course, if you are not satisfied with the invalidation or review decision made by the relevant department, either party can also bring a lawsuit in court. Generally speaking, after an invention patent is published 18 months from the date of filing, it sometimes takes 2-4 years to decide whether to authorize it. At this stage, whether the patent application can be finally authorized is still in a pending state, which is the time allowed to put forward "public opinions" as stipulated in Article 48 of the Detailed Rules for the Implementation of the Patent Law. It can be seen that how to reduce the losses caused by patent disputes relatively, the "public opinion" before patent authorization is very important.

In recent years, Chinese pharmaceutical enterprises have paid more and more attention to the protection of intellectual property rights. The intellectual property departments of many large pharmaceutical companies have even reached the scale of 100 people. In addition, for some important patent applications, some pharmaceutical companies will take them to more professional patent agencies for secondary processing and polishing before submitting applications. It can be seen that pharmaceutical companies pay more and more attention to patent application and are more and more cautious about controlling patent quality. With the increasing number of patent challenges and invalid patent applications, the trend of domestic pharmaceutical companies turning from defending to attacking intellectual property rights has been initially established.

(Qiang Sen)

Hong Kong will digitize Bruce Lee and other early films, which are expected to be shown in 2020 at the earliest.

  BEIJING, April 28 (Xinhua) According to Hong Kong’s Ming Pao, since the beginning of the last century, Hong Kong has produced more than 10,000 films, of which 4,000 have become the collections of the Hong Kong Film Archive. In 2019, the Hong Kong Budget allocated HK$ 20 million, which enabled the Film Archive to digitize an additional 30 films each year. The museum revealed that 10 of them will be digitized in the first year after the grant, including Bruce Lee’s early films and Huang Feihong’s film series, which are expected to be released to the public as soon as 2020-2021.

  Yang Kexin (left), director of the Hong Kong Film Archive, said that he has been collecting film from different sources, and the collection now covers 4,000 films. . Image source: Hong Kong Ming Pao/photo by Zhong Linzhi

  Digital movies contain martial arts, detective, horror and other themes.

  Yang Kexin, director of the Film Archive, said that the digitized films mainly came from the 1950s and 1960s, and most of them had only one copy or negative, hoping that digitization could preserve these orphan copies.

  In 1950s and 1960s, Hong Kong’s film industry flourished. In the first year after the film archive was funded, many digital films were produced during this period. Ten films included Bruce Lee’s early films, Kwan Tak-hing’s Huang Feihong series, Chen Baozhu’s "Jane Bond Film" and "Ghost Talented Director" Gongliang Yang’s horror films.

  Yang Kexin said that most of the films digitized after the grant were orphans, and many of them were never shown after being collected. "If you get a copy, you will try not to use it, because every time the film is broadcast by the projector, it will inevitably be worn out.".

  Yang Kexin said that he has been collecting films from different sources. In recent years, the most important batch came from a San Francisco theater, which was Hong Kong film before the 1930s and 1940s, and it was a very important cultural heritage.

  She said that among the 4,000 films, about 170 films have digital versions. In the past, 20 films could be digitized every year. After funding, more manpower and resources can be increased, and 30 more films can be made every year. "The goal is that 1/10 of the collections will have digital versions in five years."

  Hire young technicians to inherit the film restoration technology

  The film should be preserved, and the technology of repairing film and film repair should also be passed on. Before the film is digitized, it is necessary to check whether the film is damaged. Yang Kexin said that film repair is a professional technology. At present, several technicians in their twenties and thirties joined the museum two or three years ago, and some of them were "laymen". Only after they joined the museum did they learn from Master to check and repair damaged films.

  After the film is digitized, it may need to be digitally restored to improve the quality of sound and pictures. Yang Kexin said that unlike commercial restoration, the restoration in the museum is based on the principle of restoration, "it will not be better than the released version of that year".

  Yang Kexin said that the film archive will study whether it needs to be expanded, but it is a long-term plan. "We need to consider whether more people and more places are needed to place the collections, but this needs to be linked to the growth of the collections." The space of the data library is limited, so it is not necessary to expand the scope of the museum. We can also find warehouses outside the museum to store the collections.

Gree Bo’s performance in the first year of listing "changed face", can the "returnees" boss increase his holdings?

  Stock trading depends on Jin Qilin analyst research report, which is authoritative, professional, timely and comprehensive, and helps you tap the potential theme opportunities!

  Source: Yema Finance

  What happened to "the first share of new energy garden machinery"?

  The first report card after listing made investors very dissatisfied.

  On January 31, 2024, Gree Bo released a performance forecast, saying that the company expects its operating income to be 4.6 billion yuan to 4.7 billion yuan in 2023, down 9.8% to 11.7% in the same period; It is estimated that the net profit returned to the mother will be a loss of 370 million yuan to 430 million yuan, a year-on-year decrease of 239.1% to 261.7%; It is estimated that the non-net profit will be a loss of 300 million yuan to 360 million yuan, down 235.7% to 262.9% year-on-year.

  The year of listing was a huge loss, which immediately attracted the attention of Shenzhen Stock Exchange. On February 6, Shenzhen Stock Exchange sent a letter of concern to Gree Bo, asking Gree Bo to explain the specific impact of downstream retailers’ destocking on the company’s income; Rationality of the decline in gross profit margin; The reason and rationality of the increase in sales expenses.

  Source: Screenshot of Gree Bo Announcement

  In this regard, many investors said that "listing will be a huge loss, a problem company!" "It’s been falling every day this month, but it’s still falling and not rebounding", "Doubtful life of falling", etc., and some investors questioned Gree Bo’s "fraud".

  Source: screenshot of the stock bar

  Moreover, according to the statistics of the media "Deepwater Finance and Economics", among the 1,072 listed companies that have issued advance notices, only 10 will be listed in 2023, of which 3 will reduce losses and 5 will increase losses. Among the 2 pre-losses, except those listed on the North Stock Exchange,(830809.BJ), Gree Bo is the only company that lost money in the first year of listing.

  In 2019 and 2020, Gree Bo also has a net profit growth rate of over 200%; A year ago, with the aura of "the first share of new energy garden machinery", Gree Bo successfully went public with a gross profit margin and price-earnings ratio much higher than that of the same industry. What happened to Greebo in just one year?

  Where is the loss?

  In fact, Greebo’s losses have long been warned.

  On February 8, 2023, Greebo successfully landed on the founding board. The first quarterly report after the listing of Greebo showed a decline in revenue and net profit. In the first quarter of 2023, Greebo’s operating income was 1.551 billion yuan, a slight decrease of 0.77%. The net profit of returning to the mother was 87 million yuan, down 40.78% year-on-year.

  By the second quarter, Greebo directly turned into a loss. According to the semi-annual report of Gree Bo in 2023, in the first half of 2023, the company achieved an operating income of 2.581 billion yuan, down 18.79% year-on-year, and the net profit attributable to the mother was a loss of 54 million yuan, down 121.24% year-on-year.

  In this regard, Gree Bo explained that the main reason is that retail wholesalers gradually turned to the active destocking stage, which slowed down the procurement pace of suppliers and the sales of the company’s products declined. Moreover, in order to go out of stock, Greebo stepped up product promotion in stages and lowered the prices of some old products through discounts and other means. In the first half of 2023, the gross profit margin of Gree new energy garden machinery products was 25.26%, down 1.17% year-on-year.

  Even if the demand of downstream suppliers weakens, it is necessary to go to stock by promotion. But Greebo still believes that this is a good time to grab the market.

  "In order to seize the favorable position in the market and strive for greater profits in the future, the company increased its sales investment. In the first half of the year, the company continued to increase its brand building, the sales staff increased, the marketing expenses increased, and due to the increase of the company’s scale and inventory goods, the storage expenses also increased significantly year-on-year."

  According to the semi-annual report of 2023, the sales expenses of Gree Bo were 398 million yuan, up 40.93% year-on-year.

  Although Greebo spent a lot of sales expenses, it still failed to stop the downward trend of performance. By the third quarter of 2023, Greebo’s losses were further aggravated, with revenue of 3.468 billion yuan, down 16.93% year-on-year; The net profit of returning to the mother was-175 million yuan, down 186.58% year-on-year.

  The trend of "falling endlessly" still failed to stop in the fourth quarter. The operating income in 2023 is expected to be 4.6 billion yuan to 4.7 billion yuan, down 9.8% to 11.7% year-on-year; It is estimated that the net profit returned to the mother will be a loss of 370 million yuan to 430 million yuan, a year-on-year decrease of 239.1% to 261.7%.

  According to Greebo’s disclosure, the reasons for the decline in performance are similar to those in the first three quarters. Including: due to the destocking of downstream retailers, the company’s operating income decreased by 9.8% ~ 11.7% year-on-year; The decline in operating income and gross profit margin affected the company’s gross profit by 190-210 million yuan; Sales expenses, research and development expenses and management expenses increased by 270-290 million yuan year-on-year; Due to the sharp year-on-year decrease in exchange income, the company’s financial expenses increased by about 130 million yuan in 2023.

  Is the loss reasonable?

  The huge difference before and after listing has made many investors question whether Greebo is "fraudulent".

  Source: screenshot of the stock bar

  First of all, the "destocking" mentioned by Gree Bo in the financial report is indeed the key word of the whole industry of lithium battery OPE in 2023.

  "After two consecutive rounds of restocking, the channel inventory of retailers in Europe and the United States reached a historical high, and the demand side began to cool down under the influence of the Fed’s continuous interest rate hike. Therefore, since 2022Q3, retail began to enter the destocking cycle, and the order placing speed slowed down, which was reflected in the decline in the order growth rate of domestic agents and brands at the upstream production end." Ji Xiangyang, a researcher at China Merchants Household Appliances, said.

  However, knowing that downstream suppliers have gone to their own inventory and there is no high consumer demand, Gree Bo still chooses to spend a lot of sales expenses.

  According to the semi-annual report of 2023, among the sales expenses, all the detailed items of sales expenses of Gree Bo almost doubled. Among them, wages and salaries rose from 75.47 million yuan to 97.49 million yuan, advertising and marketing expenses rose from 109 million yuan to 128 million yuan, and storage expenses rose from 41.68 million yuan to 87.66 million yuan.

  Source: screenshot of annual report

  Although on the record sheet of investor relations activities on September 4, Greebo said that there were three major sales expenses in the first half of the year, namely, personnel salary, marketing and warehousing. With the decline of inventory level, warehousing expenses will decline in the second half of the year.

  However, in the third quarterly report, Greebo’s sales expenses increased by 26.66% year-on-year, due to the increase of sales channels, storage fees and brand building and marketing.

  Unsurprisingly, the money was spent and failed to bring corresponding returns. In 2023, Gree Bo’s revenue, net profit and gross profit margin declined across the board.

  In this regard, Gree Bo still blames the downstream suppliers. "Due to the destocking of downstream retailers, the company’s related investment did not achieve the expected revenue growth. In 2023, the company’s own brand business revenue was basically the same as that in 2022."

  It is worth noting that before listing, Gree Bo’s sales expense ratio was lower than that of its peers, and its gross profit margin was higher than that of its peers, which shows that Gree Bo can obtain higher sales revenue and profits at a lower cost. However, after listing, this advantage of Greebo suddenly disappeared, which increased the sales expenses, but the gross profit margin fell to the average level of peers. From 2019 to 2022, and from January to June in 2023, the comprehensive gross profit margin of Gree Bo was 34.49%, 35.10%, 27.5%, 25.72% and 25.26% respectively.

  Source: Screenshot of Prospectus

  "If a company’s gross profit margin is high, it means that the competitiveness of its products is stronger than that of other companies in the same industry, and the company should have certain negotiating advantages in product sales. It can be inferred that the company’s sales expenses will not account for a high proportion of operating income. If the gross profit margin of the company is much higher than that of the same industry, and its sales expense ratio is also lower than that of the same industry, it is unreasonable; Similarly, if the company’s gross profit margin is much lower than that of the same industry and its sales expense ratio is higher than that of the same industry, it is equally unreasonable. " Ma Jinghao, an expert in finance and taxation, said.

  On March 22nd, 2023, just one month after the listing of Gree Bo, Kelvin Cui, then the company’s chief financial officer, and Ji Zhenghua, the secretary of the board of directors, left their posts. Among them, Kelvin Cui has served as the chief financial officer, director and chief financial officer of Gree Bo since November 2018; Since December 2018, Ji Zhenghua has served as assistant to the chairman of Gree Bo and secretary of the board of directors of Gree Bo.

  As of February 8, 2024, Gree Bo’s share price closed at 11.35 yuan/share, which was 63.21% lower than the issue price (30.85 yuan/share). The total market value has shrunk to 5.553 billion yuan.

  Source: screenshot

  The stock price fell to "knee"

  Can the Master of Returnees "pull back a city" by increasing their holdings?

  According to the Prospectus, Gree Bo was established in 2002, and has been engaged in research and development, design, production and sales of new energy garden machinery since 2007. It is one of the leading enterprises in the global new energy garden machinery industry.

  The company mainly sells its own brands, and its products can be divided into lawn mowers, lawn mowers, cleaning machines, hair dryers, pruning machines, chain saws and intelligent mowing according to their uses., intelligent mounted mowing vehicle, etc. At present, there are brands such as greenworks and POWERWORKS under the company flag (Jin Qilin analyst).

  The actual controller of the company is Chen Yin, the co-founder and chairman, who was born in 1973 and is 51 years old.

  Chen Yin has rich working experience in foreign-funded enterprises. He studied in England and got a master’s degree. After that, he successively served as the product manager of Shanghai Biocy Gas Co., Ltd., a foreign-funded enterprise, and the general manager of Shanghai Star Jack Power Tools Department, a foreign-funded enterprise. Later, he also served as the general manager of the Asia-Pacific procurement center of Fiskars Group in Finland.

  In 2016, Chen Yin, who has a foreign working background, also introduced an external investor from Germany-STIHL to Greebo. STIHL is a manufacturer of garden machinery and a customer of Greebo.

  In 2020, Greebo was changed into a joint-stock company, and on May 21, 2021, it submitted the Prospectus on the Growth Enterprise Market of Shenzhen Stock Exchange. After nearly three years, Greebo went public on February 8, 2023. At that time, it was called "the first share of new energy garden machinery" by the outside world.

  After listing, the performance of Greebo’s share price rose all the way. Its listing price was 30.85 yuan/share, the highest price reached 41.82 yuan/share on the first day of listing, and finally closed at 38.3 yuan/share, with a total market value of 18.62 billion yuan.

  According to the third quarterly report in 2023, Chen Yin holds about 56.32% of the shares in Gree Bo. Based on this calculation, Chen Yin is worth 10.487 billion yuan.

  Who knows, Greebo’s share price peaked when it went public. Only one month later, it "showed its original shape" and then it "sat on the slide" all the way. On March 14th, 2023, Gree Bo’s share price fell below the issue price, and the lowest price on that day was 29.17 yuan/share.

  Chen Yin’s worth has also shrunk. According to the Hurun Report, Chen Yin made his debut in the 2023 Hurun Report with a net worth of 5.5 billion yuan.

  Source: screenshot of Hurun Report

  Galaxy Securities said that the deduction of new shares breaking tide is directly related to the price-earnings ratio of initial public offering. According to the Prospectus, the initial price-earnings ratio of Gree Bo is over 63 times, which is significantly higher than the industry’s price-earnings ratio of 33 times. According to wind data, as of February 7, 2024, the static P/E ratio of Gree Bo was 18.09 times.

  Source: screenshot of straight flush

  Faced with this situation, on February 6, 2024, Gree Bo released an increase plan. According to the announcement, GHHK, the controlling shareholder of the company, or Chen Yin, the chairman of the company, intends to increase the company’s shares within six months. The planned amount of this increase is between 25 million yuan and 50 million yuan.

  However, can Chen Yin, a master of returnees, "stop" the falling stock price by increasing his holdings?

  What do you think of Greebo’s "performance change" in its first year of listing?