Lucheng: a Millennium-old city where culture casts souls and rejuvenates the new century.

Foggy Shamao River, ancient blue bricks, irresistible food and snacks … In the past National Day holiday, the daily passenger flow of Wuma Historical and Cultural Block in Lucheng District of Wenzhou City was as high as 200,000, and the seven-day passenger flow reached 1.05 million. Citizens and tourists who are jostling with each other linger here because of the reappearance of lost history, the revival of faded homesickness and the tide of traditional blocks.

Culture is the "golden business card", soft power and spiritual root of a city. Wenzhou has a history of more than 5,000 years of civilization and 2,200 years of administrative system. After nearly 1,700 years of urban construction, it is a national historical and cultural city with profound connotations. Lucheng, as the main city, has always insisted on protecting, inheriting and carrying forward the characteristic cultural resources. Nowadays, in this land that once bred China’s landscape poems, Yongjia School and the Red Revolution in southern Zhejiang, the long-standing Ouyue civilization and the spirit of Wenzhou people in the new era complement each other, and there are more and more new ways to open it: the hometown of opera, the capital of song and dance, the famous city of calligraphy and painting, the hometown of all kinds of works, the hometown of Chinese embroidery, and the most happy urban area in China …

Common prosperity, diligent pursuit; Rich in spirit, culture first. By fully watering the spiritual and cultural rain and dew, Lucheng finally opened up the "beauty" in the hearts of the people: this is a city full of books, from downtown to the countryside, urban study rooms and farmer’s bookstores are built to the "doorstep" of the masses; This is a civilized and loving city. From the street to the alley, volunteer service and volunteer smiles warm everyone’s heart. This is a livable city. From the old city to the new city, tradition and modernity blend, fashion and massiness interweave, and cultural landmarks emerge constantly …

Park road ancient stage sings the happy new life of citizens.

Run people with civility and let culture flow into people’s hearts.

Unattended, self-service, and honest borrowing, the entry card reader at the door is always on and off, and people come in an endless stream every day, and even there is a rare occasion-in Lucheng, the 15-minute cultural service circle lights up the cultural lighthouse, and the city study, cultural post station and farmer’s bookstore are slowly integrating into people’s lives in a quiet way.

What is completely different from the "quietness" in the study is the "movement" in the cultural auditorium. There is less playing cards and more music; There are fewer people behind closed doors, and there are more laughter … Going to the cultural auditorium to read books, dance, or watch movies, play and sing, which is a comfortable "slow life" for many residents in Lucheng District. Cultural auditoriums called "village living room", "homesickness base" and "spiritual home" carry the colorful literary life of citizens.

At present, a total of 153 cultural auditoriums have been built in Lucheng District, achieving full coverage of village communities two years ahead of schedule. How to string together auditoriums of different cultures and continuously activate popularity? Actively embracing the digital wave has become the new normal for the Lucheng Cultural Auditorium to enhance "building management and educating". The modules of intelligent decision-making, information release, resource ordering, theoretical preaching and voluntary service not only make the services provided by the auditorium accurately match the needs of the people, but also make the public cultural resources change from "dispersion and division" to "integration and integration", thus improving the service efficiency as a whole. In Lucheng, there are not only cultural auditoriums in digital series, but also TV sets, news apps, societies, volunteers, art teachers and other resources. At present, all the wisdom and culture auditoriums in Lucheng have settled in the sections of "Handheld Lucheng" TV, "Deer Video", "News Information" and "Deer Live Broadcasting", presenting "news stories happening around us" in real time, which has solved the problem that many middle-aged and elderly people "touch the net" to watch news. Let the cultural auditorium be full of laughter and laughter, and 153 cultural auditoriums in Lucheng carry out more than 5,000 activities every year. Only 14 communities in Wuma Street have 128 mass cultural and sports associations, such as concentric painting and calligraphy clubs, waist drum teams and fitness dance teams, with more than 500 key players and more than 2,000 players, participating in the operation of the cultural auditorium.

Let culture flow in the hearts of more and more people. In addition to promoting the equalization of public cultural services in urban and rural areas and promoting the continuous extension of cultural benefits to the grassroots, Lucheng has also strengthened the excavation, creative transformation and innovative development of profound cultural connotations such as Wenzhou Millennium County City, Shanshuidou City and Dongou City. At present, Wuma Street, Zen Street and Park Road, which have been newly renovated and upgraded in Lucheng, have entered an open-air history museum.

"Leading the construction of ancient cities with culture and creating highly recognizable landmarks." The relevant person in charge of the Propaganda Department of Lucheng District Committee said that in the process of renovation, an "advisory group" of experts in literature and history was set up, focusing on research, dissemination and transformation, making full use of characteristics and amplifying advantages, restoring the original appearance of every street and every historical building to the greatest extent, and using a large number of old crafts such as gray plastic, wood carving and water sand stone to transplant a large number of old objects such as old stone slabs, old stone strips, old bricks and tiles to create a number of cultural theme pavilions. Let everyone be willing and like to come.

Casting Soul with Literature, Making Culture Cohesive and Developing Power

Culture is not only a happiness index related to people’s livelihood, but also a spiritual bond that unites people’s hearts. Lucheng digs deep into the era connotation of red culture and releases the era power of red genes. The 17 participating teams are full of energy and high spirits. They compete on the same stage with classic patriotic songs. At the scene of the patriotic song chorus competition celebrating the 100th anniversary of the founding of the Party in Lucheng, one red hot song engraved with the historical imprint and one red oath that stirs people’s hearts, let the masses enter history together through live broadcast.

Since the beginning of this year, Lucheng has closely focused on the goal of "studying history in the whole city and involving the whole people", and resolutely followed the requirements of "not leaving every party member behind, not abandoning every field, not missing every link, not dealing with every practical matter, and not missing every opportunity", making overall arrangements and meticulously organizing. Video relay "spread", special party history line "run", red research "flourish", one hundred red songs "sing", ten teams "talk", non-public enterprises "move", party history materials "live", party class party history "race" and people’s livelihood "dry" nine.

This joint effort is reflected in the tireless retrograde figure under the severe situation of epidemic prevention and control; This kind of synergy is reflected in the scene of the project, and the sweaty fighting figures; This kind of joint effort is reflected in the tribute slogans that are scrolled in Lucheng landmark building electronic screens, taxi ceiling billboards and outdoor light boxes on major festivals such as Teachers’ Day.

There are many more resultant forces like this. Because of culture, the development of Lucheng has become more powerful.

Hear Lucheng24Hours Theory Learning Station

In the Bailifang cultural home with micro-film shooting scenes, citizens are experiencing role performances.

Let culture blow the new wind of civilization with the help of literature and goodness

"Hello, please have tea!" "Is that enough? Would you like some more?" In Lucheng streets and lanes, the refreshments that can be seen everywhere have already become the unique scenery of the city. The "Fu Tea Spirit" represented by Hongri Pavilion leads the national voluntary service.

From regional love offering to sending love all over the city, from individual love offering to group love gathering, from grassroots love offering to official love offering, tea snacks such as Sanle Pavilion, Xuri Pavilion, Fuxing Pavilion, Bailu Pavilion and Yat Ching Pavilion form a "Lucheng Alliance" to do good deeds, which condenses into the "Lucheng Phenomenon" and even the "Wenzhou Phenomenon" of citizen moral construction. "Fu Tea Spirit" lights up the lamp of urban civilization, and the moral high ground leads the new social trend of advanced culture. At present, there are more than 380,000 registered volunteers in Lucheng district, and there is one volunteer for every three permanent residents.

Everyone takes pride in participating in public welfare and takes pleasure in doing good deeds. This kind of happiness cannot be separated from the "good" culture created by Lucheng. Hold a lively retirement ceremony for the good people who are "unable to do anything"; On New Year’s Day, Spring Festival and other festivals, good people are regarded as an important object of condolences; When holding major festivals, celebrations and other activities, invite good people to be present; Provide free employment training for good people in need and issue low-interest loans; Organize a series of activities of "Good People Walk in" to let citizens feel the power of role models at zero distance …

"Let the virtuous have a’ win’ to help the seeds of goodness take root and grow better, and the good deeds hatch out the good deeds, and promote the small tea to grow into a’ big landscape’." The main person in charge of the Propaganda Department of Lucheng District Committee said.

Donors who don’t want to be named often appear on the display screens such as "Music Donation List" and "Public Column" of different refreshments: Ms. Li, passers-by and old gentleman … "Almost every day, love money or love materials are sent to the Red Sun Pavilion, and many people just leave their items and reluctantly leave their surnames after repeated questioning." Jiang Jinfu, head of Sanle Pavilion, said.

In the past three years, Lucheng has raised a total of 320 million yuan of charitable funds, benefiting 163,000 people in need. The average annual growth rate of per capita disposable income of low-income groups in the whole region has reached 16.5%, which is 5.5 percentage points higher than that of the whole region.

At present, Lucheng is further exploring the complementary role of philanthropy in the third distribution and in improving the distribution pattern of income and wealth.

Jiangxinyu, known as the "Island of Poetry in China", has become a punching place for new online celebrity by digging deep into the cultural heritage of a thousand-year-old solitary island.

Let culture breed the flower of common prosperity with cultural richness.

While leveraging the "soft power" of culture to boost the "spirit" of the city, Lucheng continues to strengthen the "culture+"integration and development articles, and further create a "hard support" for the high-quality leap-forward development of the economy and society.

Enjoy rock and roll, punch card art exhibition, meet script reasoning … Today, Xiaobafang, a popular punch card spot in the old town of Wenzhou, was only an old residential area a year ago.

According to the mode of "expropriation without demolition, households moving their houses to stay, and business renewal", Puxie Street where Xiaobafang is located, after helping the original residents to resettle in different places, is determined to be a high-quality development enterprise in the form of "ten-year lease" to carry out overall planning, transformation and upgrading of the block and the above-ground buildings, relying on Wenruitang River culture, injecting new industrial elements such as cultural creativity and intangible experience, and shaping music, culture, catering, accommodation, entertainment and leisure. In the previous three-month "A glimpse of Tanghe" art exhibition, the number of visitors was nearly 35,000. "I often see young people coming to take pictures. It has not been so lively for a long time. " Chen Shujuan, an old resident around, said with a smile.

In Aodi Village, Tengqiao Town, west of Lucheng District, bamboos, fields with weeds and office buildings in idle villages that were neglected in the past have now become the "passwords" for local farmers to increase their income. In March this year, Fujihashi introduced the research team of "Knowing Bamboo Changle-A Natural Creator’s Aodi Station", and carefully designed the course "Knowing Bamboo Changle", which skillfully connected the story in the fable with making bamboo rafts, weaving bamboo lanterns, experiencing farm work, building a fable theater and making role puppets. Under the guidance of non-genetic inheritors, children seem to enter the wonderful fable world. Xu Xiayi, the person in charge of "Knowing Bamboo Changle", said that children from Wenzhou, Jinhua, Taizhou and other places rushed to sign up, and bamboo, fields and idle buildings were effectively used, which effectively boosted the income of local farmers.

From downtown to mountain villages, more than 3,500 cultural enterprises, 13 cultural industrial parks and 88 cultural enterprises above designated size have thrived in Lucheng.

Lucheng specializes in building a digital intelligence platform for cultural industry, which plays the core role of big data cultural industry, integrates data resources of cultural industry, builds a comprehensive digital intelligence service platform integrating cultural and creative exchanges and talent services, and promotes the high-quality development of Lucheng cultural industry.

The platform builds a bridge between the Party committee and government, cultural parks, cultural enterprises and cultural talents, realizes the intensive integration and digital application of cultural resources, and promotes the high-quality development of Lucheng cultural industry.

Rich in culture, Lucheng, full of cultural self-confidence and charm, has endless "spring stories" in the new era in the journey of realizing high-quality leap-forward development. (Qi Xianghao, Hong Jiahui and Shi Qingwen/Photo courtesy of the Propaganda Department of Lucheng District Committee.)

How to achieve the goal of economic and social development in 2021? The National Development and Reform Commission introduced these "six aspects" measures.

  At the press conference of the State Council Office this morning (March 8), Ning Jizhe, deputy director of the National Development and Reform Commission, introduced the situation of thoroughly implementing the new development concept and ensuring a good start in the 14 th Five-Year Plan.

  Ning Ji Zhe, deputy director of the National Development and Reform Commission, said that the Report on the Draft National Economic and Social Development Plan for 2021 clearly defined the main goals of economic and social development in 2021, including GDP growth of more than 6%, urban employment creation of more than 11 million people, urban unemployment rate of about 5.5%, CPI increase of about 3%, and so on. He said: "The proposal of these indicators takes into account the recovery of economic operation, the impact of the epidemic on the economic trajectory, and the balanced convergence between years, which reflects the requirements of looking ahead and looking back, and interval control. It can be believed that with the support of macroeconomic policies and the efforts of market players, the goals and tasks of economic and social development throughout the year are sure to be achieved. " He introduced policy measures from the following six aspects.

  First, maintain the necessary support for macroeconomic policies.To promote the steady, healthy and sustainable development of the economy, we must maintain the continuity, stability and sustainability of macro policies, do not make sharp turns, and adjust and improve them in a timely manner according to changes in the situation. We will continue to implement a proactive fiscal policy. In 2021, the general public budget expenditure will exceed 25 trillion yuan, an increase of 1.8% over the previous year; General transfer payments from the central government to local governments increased by 7.8%; Balanced transfer payments increased by more than 10%. We will continue to implement a prudent monetary policy, and the growth rate of money supply and social financing scale will basically match the nominal economic growth rate. The nominal GDP growth rate may be higher this year, and the liquidity should be kept reasonable and abundant. We will continue to implement the employment priority policy, increase the number of new jobs in cities and towns by 2 million compared with last year, continue to give necessary financial and other policy support to enterprises that do not lay off employees and reduce unemployment and industrial injury insurance rates.

  Second, we will continue to implement the policy of benefiting enterprises to help them out.Enterprises are the source of economic growth. If 140 million market players are stabilized, the basic economy will be stabilized. In terms of tax reduction policies, we will continue to implement institutional tax reduction policies, extend the implementation period of some phased policies, and implement new structural tax reduction measures. In terms of financial policy, we will continue the policy of deferring the repayment of principal and interest of loans to small and micro enterprises, and guide more bank funds to flow to small and micro enterprises, individual industrial and commercial households, etc. The loans of large commercial banks to small and micro enterprises will increase by more than 30%, giving targeted support to industries and enterprises affected by the epidemic and continuing to guide the financial system to make profits to the real economy. In terms of cost reduction, we will continue to promote the reduction of general industrial and commercial electricity prices, reduce the average tariff of broadband and private lines for small and medium-sized enterprises by another 10%, cancel port construction fees, reduce the levy standard for airlines of the Civil Aviation Development Fund by another 20%, and encourage places that are greatly affected by the epidemic to reduce rents for small and micro enterprises and individual industrial and commercial households that rent state-owned houses.

  The third is to make good use of the reform policy.Reform is both a driving force and an integral part of macro-policies. Steady growth and development must rely more on the fundamental driving force of reform and innovation. The reform policy should focus on stimulating the vitality of the market, adhere to the "two unswerving", implement the action plan of building a high-standard market system, and deepen the system reform of streamline administration, delegate power, strengthen regulation and improve services, enterprises, taxation, finance and price. The opening-up policy should strengthen support and guarantee, stabilize the basic market of foreign trade and foreign investment, stabilize the scale of trade and market players, promote the steady and qualitative increase of foreign trade import and export volume, maintain the basic balance of international payments, promote the construction of open highlands such as the Pilot Free Trade Zone and Hainan Free Trade Port, and promote international cooperation by relying on the advantages of China’s big market, and promote the domestic and international double cycle.

  The fourth is to clarify the development of science and technology and the orientation of industrial policies.Science and technology are the driving force of development, and industry is the vital foundation of development. It is necessary to strengthen self-reliance and self-reliance in science and technology, vigorously enhance the ability of scientific and technological innovation, substantially increase investment in basic research, effectively tackle key core technologies, and further strengthen international cooperation in the field of science and technology. It is necessary to deepen the supply-side structural reform, focus on revitalizing and developing the real economy, promote the upgrading of industrial base and the modernization of industrial chain, carry out special actions for the development of advanced manufacturing clusters, increase the deduction ratio of R&D expenses of manufacturing enterprises to 100%, fully refund the incremental VAT tax allowance to advanced manufacturing enterprises every month, increase the proportion of manufacturing loans, implement some policies to promote the high-quality development of integrated circuit industry and software industry in the new period, and continue to promote the integration of advanced manufacturing industry and modern service industry.

  Fifth, pay attention to demand side management.To build a new development pattern, we must firmly grasp the strategic basis of expanding domestic demand, accelerate the cultivation of a complete domestic demand system, promote the coordinated development of domestic demand and external demand, and give full play to the basic, key and supporting roles of consumption, investment and export in economic growth. The focus here is on consumption. To expand consumption, we must steadily expand employment and maintain the steady growth of residents’ income. At the same time, we should see that the per capita consumption expenditure of the national residents actually decreased by 4% last year, which was lower than the actual growth rate of the per capita disposable income of the national residents of 2.1%. This was mainly due to the epidemic situation, and the contact and aggregation consumption was restricted. Therefore, in order to tap the consumption potential, we should do a good job in promoting residents’ consumption under the condition of normalized epidemic prevention and control, and also focus on expanding commodity consumption, including commodity consumption, service consumption, healthy consumption, information consumption, online consumption and green consumption. In terms of automobiles, it is necessary to carry out automobile trade-in and trade-in to the countryside, and guide some localities and cities to continue to liberalize the purchase restriction policy for new energy vehicles and increase indicators. This is conducive to expanding automobile consumption and promoting the healthy and orderly development of new energy vehicles. Last year, the output of new energy vehicles in China reached 1.456 million, a year-on-year increase of 17.3%. In terms of housing, it is necessary to effectively increase the supply of affordable rental housing and shared property housing, alleviate the housing difficulties of new citizens and young people, and ensure the housing needs of the masses.

  Sixth, promote the development of green and low-carbon cycle.Strengthening eco-environmental protection is conducive to creating new growth points for high-quality development. It is necessary to take the opportunity of promoting peak carbon dioxide emissions and carbon neutrality to speed up the adjustment and optimization of industrial structure and energy structure. In 2020, the installed capacity of renewable energy in China has reached 934 million kilowatts. It is necessary to further expand the installed capacity of renewable energy, promote the coordinated and orderly development of clean energy growth and energy storage, cultivate and expand energy-saving and environmental protection industries with a scale of trillions of yuan, promote the green transformation of key industries and important fields, and achieve the goal of reducing energy consumption per unit GDP by about 3% and continuing to reduce the discharge of major pollutants. (CCTV reporter Wang Ge Du Yuzhu)

Determination of labor dispatch and employment

  The Labor Contract Law, which was implemented on July 1, 2013, strengthened the control of labor dispatch by law. On January 26, 2014, Ministry of Human Resources and Social Security promulgated the Interim Provisions on Labor Dispatch (implemented on March 1, 2014), which not only further clarified the three characteristics of "temporality, assistance and substitutability", but also controlled the total amount of labor dispatched by employers within 10%. In order to circumvent the provisions of the Labor Contract Law, many labor dispatch units have adjusted their business and changed the original labor dispatch agreement into an outsourcing agreement. In addition, some non-labor dispatch companies have signed outsourcing agreements with other companies, such as security outsourcing agreements between security companies and enterprises. In practice, some outsourced workers and dispatched workers are easily confused. Article 27 of the Interim Provisions on Labor Dispatch stipulates that if an employer uses laborers in the form of labor dispatch in the name of contracting or outsourcing, it shall be handled according to these provisions. This raises the question: what is the criterion for judging the employment of labor dispatch?

  First, the essence of labor dispatching employment relationship

  Before the implementation of China’s Labor Contract Law, labor dispatch was often regarded as the behavior of labor dispatch units providing labor services to employers. Employers only had a civil contract relationship with labor dispatch units and had nothing to do with dispatched workers, so they did not need to bear any responsibilities. In fact, the special feature of labor dispatch is that the dispatched workers must assign tasks and supervise and direct them within the organization of the employer, and their work is an integral part of the employer’s business work, and "command" is the fundamental symbol of the "subordination" of labor relations. This is also an important reason why people argue about "who is the employer of the dispatched workers". It can be said that in labor dispatch, the labor dispatch unit does not provide labor service behavior, but temporarily gives its employees to the employer for a certain period of time. The object of dispatch is "laborer or its implied labor force", and the dispatched laborer provides "subordinate labor" for the employer, rather than civil service behavior. The essence of labor dispatch is the separation of traditional employer functions, that is, "employment" and "use" belong to different subjects respectively. The labor dispatch relationship forms a "triangle relationship" because of the existence of the three parties.

  Triangular relationship is not uncommon in the form of labor employment. In addition to the dispatch of workers by labor dispatch agencies that hire workers specifically for the purpose of dispatch in this paper, there are other forms, such as secondment contracts. These triangular relationships involve three parties, and there will be some problems in practice, but they are not normal, only happen occasionally and are short-term, so it is easy to define employers and allocate rights and obligations, and will not affect the interests of workers too much. The formation of some triangular relationships, such as the so-called labor dispatch relationship in this paper, the purpose of the labor dispatch unit is to provide labor for the employer, and the realization of the labor process is more closely related to the employer. It seems unreasonable to completely exclude the employer’s employment obligations, and there will naturally be disputes over the employer’s responsibility. In order to better understand labor dispatch, it is necessary to analyze the legal attributes of the triangular structure formed by labor dispatch:

  (1) A civil contractual relationship is formed between the labor dispatch unit and the employing unit based on the labor dispatch agreement.

  The labor dispatch agreement is essentially a labor lease agreement, that is, the labor dispatch unit rents its hired workers to the employing unit for use with compensation through the dispatch agreement, and obtains a certain profit, and the employing unit obtains a certain claim for the use of labor by paying a certain rent.

  (2) Labor relations are formed between labor dispatch units and dispatched workers based on labor contracts.

  The purpose of employing workers by labor dispatch units is not for their own use, but to meet the needs of employers. Based on the purpose of labor contract in labor dispatch to provide labor for the third party, some people think that labor contract in labor dispatch is an altruistic contract, and the opinions on altruistic contract are divided into non-real altruistic contract and real altruistic contract. In the former, the employing unit, as the third beneficiary, basically has no right to directly pay for the labor services of the dispatched workers. In the latter case, the employing unit has an independent and primitive claim for labor services to the dispatched workers. This argument has no practical significance in our country, and there is still doubt whether the current legislation in our country is beneficial to the provisions of other contracts. Judging from the main purpose of concluding a labor contract between the labor dispatch unit and the dispatched worker, it is not a contract for a third party. Labor contracts are only the basis for establishing labor relations between dispatched institutions and dispatched workers. Due to the existence of the labor contract, the labor dispatch unit becomes the employer and enjoys the complete functions of the employer. Labor dispatch units send laborers to employers to provide labor for them, which is the performance of dispatching units as employers to exercise labor control. The dispatched workers are also fulfilling their labor payment obligations to the employer by providing labor for the employer. Therefore, a labor contract does not directly involve a third party and cannot be regarded as an altruistic contract.

  (3) The employing unit obtains the right to claim the labor service of the dispatched workers based on the labor dispatch agreement, and the relationship between the employed and the employed is formed due to the actual use behavior.

  The dispatching unit sends the workers to the employing unit through the dispatching agreement to complete the dispatching task. In order to realize the right of labor payment, the employer must manage and dominate the dispatched workers in the process of labor. The employment of labor dispatch units and the direct use of employers constitute a complete labor relationship in the traditional sense, so employers should fulfill their employment obligations and responsibilities. Articles 62, 63, 64 and 92 of the Labor Contract Law clearly stipulate the employment obligations and responsibilities of the dispatched units.

   Second, the nature of labor outsourcing employment relations

  According to the Interim Provisions on Labor Dispatch, the legal liability for the excessive use of dispatch is an administrative penalty of "imposing a fine at a rate of 5,000 yuan to 10,000 yuan per person". In order to circumvent the law, employers often choose to change the actual labor dispatch to contracting and outsourcing through written contracts. Labor dispatch is still an important employment method in China. At the same time, in the outsourcing relationship, the business outsourcer is responsible for hiring people and taking all the employment risks, and the employer only needs to pay the price of the product, and no longer undertakes the obligations of safety protection management in the employment process, let alone joint and several liability. This kind of fake contracting and outsourcing can make the real labor dispatching employer completely pass on the employer’s responsibility. Although the revised Labor Contract Law has added administrative examination and approval procedures and increased the registered capital of dispatching units, the dispatching companies of leather bag companies still exist in China. In order to avoid the failure of the legislative purpose of the Labor Contract Law, Article 27 of the Interim Provisions on Labor Dispatch establishes the basic principle of "emphasizing substance over form" in judging the employment of labor dispatch. The written contract is only one of the evidences of labor dispatch and employment, and it is not the key evidence, and the substantive judgment of the nature of employment relationship is the key. It is necessary to analyze and compare labor dispatch and labor outsourcing, and sort out some specific rules for examining labor dispatch, so as to make Article 27 of the Interim Provisions on Labor Dispatch operable.

  At present, only Article 36 of the Regulations on Labor Contracts in Jiangsu Province (revised in 2013) makes a distinction between labor dispatch and outsourcing. Paragraph 3 of this article stipulates that "if an enterprise contracts out its business to other units, but the workers of the contractor use the facilities and equipment of the enterprise in the production and business premises of the enterprise, provide labor according to the arrangement of the enterprise, or provide labor in the name of the enterprise, and other labor outsourcing is actually labor dispatch, the number of workers shall be included in the proportion calculation specified in the preceding paragraph." According to this regulation, the specific criteria for distinguishing labor dispatch and business outsourcing in Jiangsu Province should be: (1) whether to use the facilities and equipment of enterprises in their production and business premises; (2) Whether to provide labor according to the arrangement of the enterprise or in the name of the enterprise. In practice, there are problems with this criterion. For example, some professional outsourcing, such as software development outsourcing of some modules, in order to meet the overall requirements of the outsourcing unit, the contractor sends professional software developers to work in the contracting unit, uses the computer and other equipment of the contracting unit, and accepts the supervision of the contracting unit. The dispatched personnel are obliged to accept the instructions of the contracting unit to adjust and modify the software according to the outsourcing contract. It is really controversial if this kind of software outsourcing is regarded as labor dispatch. For example, the hospital’s cleaning outsourcing, the cleaning staff is employed by the cleaning company, and the cleaning company sends the hired cleaning staff to the hospital according to the outsourcing contract. The cleaning contract stipulates that the cleaning company sends cleaning staff to provide cleaning work according to the requirements of the employer. Does this constitute the provision of labor by the hospital? Worth considering.

  Some people think that outsourcing means that a public institution hands over some of its work to a contracting company for execution, and the contracting company assigns the hired workers to handle the contracted work. There are also views that labor outsourcing, or business outsourcing, service outsourcing, resource outsourcing, etc., refers to enterprises outsourcing some non-core and auxiliary functions or services to external specialized manufacturers based on contracts, and using their expertise and advantages to improve the overall efficiency and competitiveness of enterprises. From the concept and operation mode of outsourcing, outsourcing is similar to contracting. According to the provisions of the Contract Law, a contract is a contract in which the contractor completes the work according to the requirements of the ordering party, delivers the work results, and the ordering party pays the remuneration. The contractor shall use its own equipment, technology and labor to complete the main work, unless otherwise agreed by the parties. Outsourcing is in accordance with the requirements of the employer, the contractor employs workers to deliver the work results, and the employer pays the consideration for the work results. Formally, the labor outsourcing relationship also involves the employer, the contractor and the laborer, but its legal attribute is fundamentally different from the labor dispatch relationship, and the labor relationship is not divided, but there is a triangular relationship between the contractor and the hired laborer. The labor outsourcing relationship is as follows:

  (1) The employer and the contractor form a civil contractual relationship based on the outsourcing contract.

  The employer and the contractor agree to deliver certain work of the employer to the contractor for completion, and the employer will pay the contractor certain remuneration. The contractor delivers the work results, and the employer pays the remuneration for the work results that meet the contract.

  (two) the contractor and the employee based on the labor contract to form a labor relationship

  The contractor not only employs laborers, but also directly uses laborers. The performance is that the workers are managed and dominated by the contractor and accept the contractor’s assignment to provide labor services for the employer in the name of the contractor. The employer cannot directly manage and dominate the contractor’s workers.

  Third, the determination of the specific criteria for judging the employment of labor dispatch

  The labor dispatch relationship is the result of artificial division of labor relations, that is, the labor dispatch unit employs but does not use it, and the employer uses but does not employ it, while the traditional labor relationship is "employment and use relationship". In the labor dispatch relationship, the employing unit must have the right to use the dispatched workers, which is manifested as the right of management control. There is no division of labor relations in labor outsourcing, and the relationship between contractors and workers is employment and use, which shows that contractors manage and dominate the workers they employ to complete the work delivered by the employer. However, based on the actual needs, it may not be possible to rule out the situation that the workers employed by the contractor enter the contracting unit and are jointly commanded by the contracting party with the workers of the contracting unit. Under this situation, it is quite difficult to identify labor dispatch. Therefore, the core and key distinguishing standard between labor dispatch and labor outsourcing lies in the judgment of management right. Specifically, labor dispatch should meet the following requirements:

  (1) The dispatching company does not directly use the laborers it employs, but the employing unit directly uses them.

  When judging whether this requirement is met, there are the following specific identification criteria: (1) The employer directly directs or manages the work of the dispatched workers within the scope of the dispatch agreement, such as directly arranging the work of the dispatched workers, and the dispatched workers accept the instructions of the employer; (2) Working hours and other matters shall be directed or managed by the employing unit; (3) The employer shall provide the dispatched workers with necessary training for their jobs: (4) The dispatched workers shall abide by the rules and regulations of the employer, such as the system of punching in at work, etc. (5) the right to punish the dispatched workers in accordance with the rules and regulations necessary to maintain the order of the enterprise. However, the employer is not the employer of the dispatched workers, and there is no labor contract relationship between the employer and the dispatched workers, and there is no obligation to pay the wages of the dispatched workers. Therefore, the disciplinary power should be limited. Disciplinary powers such as dismissal, salary reduction and fines that affect the nature of labor contracts should be excluded from the disciplinary rights of employers. Article 65 of China’s "Labor Contract Law" clearly stipulates that the employing unit has only the right to quit work but not the right to dismiss.

  (2) The work that the dispatched workers are engaged in is the business composition of the employing unit rather than the dispatching company’s own business.

  Labor dispatch is only a pure labor supply, and there is no production and operation business, which is reflected in the business scope registered by labor dispatch units. The dispatched workers are sent to the employing units to engage in the production and business operations of the employing units. The criteria are as follows: (1) All the funds needed for the dispatched workers to engage in production and business operations shall be borne by the employing units; (2) The dispatching unit only supplies labor; (3) The employing unit bears the risks of production and operation, and the dispatching unit only bears the risks and responsibilities of labor supply according to the dispatching agreement; (4) The employing unit shall bear the supply of machinery and materials needed to complete the business; (5) The employing unit shall organize the dispatched workers to complete the business according to their own technology and experience and the enterprise plan.

Ideal first quarter net loss narrowed, Li Xiang: future product portfolio is similar to iPhone.

In the first quarter of this year, LI’s net loss continued to narrow.

On the evening of May 10th, LI released its financial report for the first quarter of 2022. The financial report shows that in the first quarter of this year, LI achieved revenue of 9.56 billion yuan, an increase of 167.5% year-on-year (compared with the same period of last year) and a decrease of 10% quarter-on-quarter; The net loss was 10.9 million yuan, and the loss narrowed by 97%. 

For the second quarter, ideally, the delivery volume is expected to be 21,000 to 24,000 vehicles, up 19.5% to 36.6% year-on-year; The total revenue was 6.16 billion to 7.04 billion yuan, up 22.3% to 39.8% year-on-year.

In the third quarter of this year, LI’s second product L9 will be available. At the earnings conference call, Li Xiang, CEO of LI, introduced LI’s product strategy in detail for the first time. He said that LI’s product portfolio is similar to that of iPhone, and it will launch an explosive product in the price range of 200,000-500,000 yuan and every 100,000 yuan, covering two technical routes: extended range and pure electricity. He also revealed that LI will launch its first medium-sized product of 200,000-300,000 yuan next year.

LI revenue data

LI delivery data

Operating cash flow is positive for eight consecutive quarters.

Financially, LI is still as steady as ever.

According to the specific financial data, LI’s vehicle sales revenue in the first quarter was 9.31 billion yuan, an increase of 168.7% compared with 3.46 billion yuan in the same period last year, mainly due to the increase in vehicles delivered in the first quarter of 2022; Compared with 10.38 billion yuan in the fourth quarter of last year, it decreased by 10.3%, mainly due to the seasonal impact of the Spring Festival holiday.

The ideal gross profit margin of vehicles has maintained a steady growth, reaching 22.4%, compared with 16.9% in the same period last year and 22.3% in the fourth quarter of last year. Although this car gross profit margin data is not as good as Tesla’s high gross profit margin level of about 30%, it is better than the car gross profit margin level of 10% of most traditional car companies.

Ideally, the year-on-year increase in vehicle gross profit margin was mainly due to the increase in the average selling price of the 2021 Li ONE launched in May last year.

As can be seen from the financial report of the past year, the price increase of the modified models in May last year has a significant pulling effect on the gross profit margin of automobiles in LI. On April 1st this year, the price of LI increased by 18,000 yuan, which will offset the recent raw material security problems, and LI is still expected to maintain a good gross profit margin level in the second quarter.

In terms of R&D investment, in the first quarter of 2022, LI’s R&D investment was 1.37 billion yuan, up 167.0% year-on-year and 11.7% quarter-on-quarter. Ideally, R&D investment has reached a record high, mainly due to the increase in R&D personnel and new vehicle R&D activities.

In the same period, LI’s sales, general and management expenses were 1.2 billion yuan, up 135.9% year-on-year. 

In terms of cash flow, its operating cash flow in the first quarter increased by 98% year on year to 1.83 billion yuan.

It is worth noting that this is the eighth consecutive quarter that LI has achieved positive operating cash flow. Among several new car companies, LI has always attached great importance to its financial stability and resilience, and Li Xiang himself has repeatedly emphasized the concept of "not making profits and never spending money blindly" in public.

LI cash flow data

By the end of the first quarter, LI’s cash reserves stood at 51.19 billion yuan. For the new power enterprises in the growth period, sufficient cash reserves also mean continuous R&D investment, marketing investment, sales and service network expansion ability.

Supply chain risks still exist, with the highest delivery volume of 24,000 vehicles in the second quarter.

Due to the uncertainty of supply chain and epidemic situation, the delivery guideline of LI in the second quarter is 21,000 to 24,000 vehicles.

In the past April, the automobile industry was affected by the epidemic, and the production base in LI, Jiangsu Province, was under heavy pressure. In April, a total of 4,167 Li ONE vehicles were delivered, down 62% from the previous month.

It is reported that LI Changzhou base is located in Changzhou, Jiangsu, and more than 80% of LI’s parts suppliers are located in the Yangtze River Delta region.

In the earnings conference call, LI co-founder and president Shen Yanan said, "The biggest risk in LI comes from the production situation of suppliers."

In response to supply chain risks, Shen Yanan said that Ideal hopes to certify more suppliers so that there will be more room for supply. At the same time, some short-term measures will be taken to deal with the current problems.

Regarding the question of whether the ideal will raise prices in the near future, Shen Yanan said that the price increase on April 1 has taken into account all foreseeable cost increases in a certain period of time in the future. "At this stage, there is no need to raise prices." However, he also mentioned that the company has strict monitoring measures in terms of cost fluctuations, and will continue to observe and follow up market demand to determine the selling price.

In addition, Shen Yanan added that the price increase on April 1 had a slight impact on sales in the first half of April, but since the second half of April, orders have resumed a good growth rate.

Benchmark Apple again: the product portfolio is like iPhone.

For the future product planning, Li Xiang said, first of all, two different power modes, extended range and pure electric, will adopt different body shapes. Extended range is suitable for SUV models, and pure electric will use "a brand-new shape". He said, "It is different from any product on the market today."

Secondly, different price strategies are adopted. In the price range of 200,000-500,000, there will be a heavyweight explosion product every 100,000 price range. At the same time, in every price range, there will be two power modes: extended range and pure electricity. Li Xiang thinks that the price of Li ONE is 300,000, which can be extended up and down quickly.

Interestingly, Li Xiang seems to have a "soft spot" for Apple when domestic car companies are bidding for old luxury cars.

For the above product combination scheme, Li Xiang compared it to "iPhone". Li Xiang explained, "iPhone is to launch products with different price points, such as iPhone12, iPhone12 Pro and iPhone12 Mini, with the help of a set of technical platforms, to accurately meet the needs of consumers."

At the 2021 earnings conference call in February, Li Xiang once said that the next five or ten years will focus on smart electric vehicles, and the ideal goal is to achieve Apple’s level in the field of smart electric vehicles ten years later.

In the third quarter of 2022, LI’s second model "Ideal L9" will be delivered. In addition, Li Xiang also revealed that next year, LI will launch the first medium-sized pure electric product with a price of 200,000-300,000 yuan. The appearance of this model will make LI truly face the corresponding price products of competitors such as Tesla, Weilai and Tucki.

Li Xiang once said that expansion does not mean spending more money, but spending more effectively. "We can give up profits, but to ensure a higher gross profit margin, as long as we ensure positive cash flow, we will invest all our gross profit in technology research and development and user service."

In the face of intensive research and development of new products in the next few years, whether the current model can support the rapid expansion of LI’s product portfolio will soon be revealed.

Or driven by performance, as of press time, LI stocks rose 7.8% to $20.38 per share.

Analysis on the Policy of Interest-free and Principal Deferred Repayment of National Student Loans in 2023; These issues need attention.

CCTV News:The State Council Office held a policy briefing yesterday (April 21), and the relevant person in charge of the Ministry of Finance introduced the interest-free and principal deferred repayment policies of the national student loan in 2023.

This year, the number of college graduates is expected to reach 11.58 million, an increase of 820,000 over the previous year. In order to further reduce the burden of college graduates with financial difficulties in their families, the relevant person in charge of the Ministry of Finance said that it has decided to continue to implement the national policy of interest-free student loans and deferred repayment of principal.

Irving Han, Assistant Minister of Finance:Students who graduated from this year and previous years will continue to be exempted from the national student loan interest that should be repaid this year, and the principal part can be postponed for another year, with no penalty interest and compound interest.

       The data shows that since its implementation in 1999, China has issued more than 400 billion yuan of student loans, which have helped more than 20 million students with financial difficulties. In recent years, the Ministry of Finance, together with the Ministry of Education, the People’s Bank of China and China Banking and Insurance Regulatory Commission, has continuously adjusted the national student loan policy: in 2020, the term of student loan was extended and the interest rate of student loan was reduced; In 2021, the maximum loan amount of national student loans was raised to better meet the student loan demand; In 2022, the national student loan interest for college graduates with financial difficulties will be exempted in stages and the repayment of the principal will be allowed to be postponed.

Ministry of Finance: This year’s policy is expected to benefit about 4 million college graduates.

At the briefing, the relevant person in charge of the Ministry of Finance said that the continuation of the national student loan interest-free and principal deferred repayment policy this year is expected to benefit about 4 million college graduates.

Owen Han said that in 2022, the state introduced the policy of interest-free student loans and deferred repayment of principal in order to help graduates with financial difficulties ease the employment pressure. Since the implementation of the policy, a total of 1.95 billion yuan of loan interest has been exempted, benefiting 3.79 million people; College graduates independently applied for deferred repayment of principal totaling 590 million yuan, benefiting 100,000 people.

Irving Han, Assistant Minister of Finance:This year, it is estimated that the loan interest will be exempted by 2.325 billion yuan, and the amount of principal that can be applied for deferred repayment is about 5.5 billion yuan, benefiting about 4 million college graduates.

Since 2020, the national student loan policy has been adjusted and improved for four consecutive years. At present, according to the different places where students apply, national student loans are divided into two types: campus national student loans and student-origin credit student loans. Full-time college students and graduate students can choose according to their own actual situation; Not only that, but the loan amount is also increasing.

       Huang Jiayu, Director of the Department of Science, Education and Culture of the Ministry of Finance:At present, the maximum loan for each junior college student is 12,000 yuan per year, and the maximum loan for each graduate student is 16,000 yuan per year, both of which have been greatly improved. The loan is used to pay the tuition and accommodation fees of students during their school days, and the excess can be used to make up for the daily living expenses of students.

Ministry of Education: I need to apply for the deferred repayment of the principal of the national student loan.

Then, which loan students can enjoy the national student loan interest-free and principal deferred repayment policy in 2023? Do loan students need to take the initiative to apply? Yesterday (April 21), at the briefing of the State Council’s policy, the relevant person in charge of the Ministry of Education introduced the relevant situation.

According to the regulations, the object of interest exemption and deferred repayment of principal this time refers to the loan students who graduated in 2023 and previous years and should repay the principal or interest in 2023. Exempted interest refers to the national student loan interest that the loan student should pay personally in 2023, including the penalty interest generated by overdue loans in previous years in 2023. The principal that can be applied for deferred repayment refers to the principal of the national student loan that the loan student should repay in 2023.

       Guo Peng, Director of Finance Department of Ministry of Education:Regarding the implementation mode, this time, interest is exempted, and students do not need to apply for loans, which are directly handled by the undertaking bank. For loan students who are in the principal repayment period, if they need to postpone the repayment of principal, I can apply and go through the relevant procedures according to the requirements of the undertaking bank; If I fail to submit the application, I will repay the loan principal according to the original contract by default. Students who need loans are also reminded to pay attention to the relevant notices and announcements in time to avoid missing them.

National student loan policy can be consulted by telephone.

How can the loan students enjoy the policy dividend as soon as possible? The relevant person in charge pointed out that for the national student loan policy and specific business handling issues, the loan students can call the consultation hotline set up by the National Student Financial Assistance Management Center and relevant undertaking banks. The telephone number of the National Student Financial Assistance Management Center is 010— 66097980、66096590。