礼品合同

民事诉讼契约的性质及效力研究

In the hall of the so-called "Tibetan government in exile" in Dharamsala, India, there is a large map of the supposed "greater Tibet area".The area covers the Tibet Autonomous Region and Qinghai Province, one-fifth of the Xinjiang Uygur Autonomous Region, one-third of Gansu Province, two-thirds of Sichuan Province and one-fourth of Yunnan Province, spanning about 2.4 million sq km and nearly a quarter of China's territory.Holidaymakers take photos with digital cameras near the Potala Palace in Lhasa, the Tibet Autonomous Region. [China Daily] The ** Lama has advocated a "high degree of autonomy" for Tibet in such a geographic scope and made it a preliminary condition for any negotiation with the central government. But such an idea is totally absurd for three major reasons.First, the distribution and the layout of the Tibetan population and the administrative divisions were formed during the long process of historical development; there is no historical basis for an administrative division such as "greater Tibet area".Archaeological excavation and documentation show the Qinghai-Tibet Plateau area has long been inhabited and has a diversified culture.In the Sui Dynasty (AD 581-618) and the Tang Dynasty (AD 618-907), the Qinghai-Tibet Plateau was an area cohabited by different ethnic groups.The regime of Tubo Kingdom (AD 629-840) coexisted with others such as the Tang Dynasty, Uighur and Nanzhao, in a territory cohabited by various ethnic groups and tribes.The headquarters and the main area of jurisdiction of the Tubo Kingdom basically constitutes the Tibet Autonomous Region today while other dependent territory is the region inhabited or cohabited by various ethnic groups.During the Yuan Dynasty (1271-1368), three chief military commands (three Pacification Commissioner's Offices) were established in areas with Tibetan traditions, namely U-Tsang Ngari, Amdo and Lhams, the divisions of which were carried out in the Ming Dynasty (1368-1644) and laid the base for the administrative division of today's Tibet and other Tibetan administrative divisions.The Qing Dynasty (1644-1911) further defined the boundary between Tibet, Sichuan and Yunnan. In 1731 the Qing government divided the border of the areas under the jurisdiction of the grand minister resident of Tibet and the grand minister superintendent of Xining. The administrative division of Tibet has not changed much since.Second, the so-called administrative region of "greater Tibet area" is a historical product of the invasion by imperial powers. From 1913 to 1914, the British-instigated Simla Conference was held, which brought up the concept of the so-called "greater Tibet area" - that the territory of Tibet covers part of Xinjiang to the south of Kunlun Mountains and the Anding Tower, the whole of Qinghai Province, the western areas of Gansu and Sichuan provinces, and Dajianlu and Adunzi in the northwest of Yunnan Province.When this was rejected by the representative of the Chinese government, Britain proposed again to divide the Tibetan-inhabited areas of China into inner Tibet and outer Tibet. The former referred to the small parts in Yunnan, Qinghai and Xikang, where the central government would enjoy dominion; outer Tibet included U-Tsang, Ngari and most of Xikang, which was to be governed by the Tibetans themselves.This shows that from the very beginning, the so-called "greater Tibet area" has been a separatist plot. Even the weak Northern Warlords government of China saw through the imperialist trick to split China and refused to sign the convention. How will Chinese people today allow the government to accept such an imposition?Third, there is no possibility for realization of an administrative region such as "greater Tibet area". Since the New China was founded, the central government, on the one side, has followed historical divisions, and on the other, according to the requirements of the Constitution and the Law of Regional Autonomy for Ethnic Minorities, considered the various factors for the economic, political and cultural development of the Tibetan-inhabited areas to establish eight Tibetan autonomous prefectures, one Mongolian and Tibetan autonomous prefecture, one Tibetan and Qiang autonomous prefecture, two Tibetan autonomous counties and the Tibet Autonomous Region through full discussion of people's representatives from various regions.In the past half-century, as the administrative divisions were well set, the system of regional autonomy for ethnic minorities has been gradually improved and guaranteed the equal rights of Tibetans and other ethnic groups living in the region.It has promoted national unity and social economic development and given full support by the Tibetan people and other ethnic groups.The ** Lama, however, has been insisting on the establishment of a political entity in Tibetan-inhabited areas to build an "alliance" relationship with China, requiring all other ethnic groups to move out of the so-called "greater Tibet area" and millions of people to give up their ancestral homes.This is not only an attempt to change the current relation between the central and the local government, but also a move to implement ethnic discrimination and ethnic cleansing. We must learn from the slaughters and bloodshed caused by ethnic conflicts and disputes the world over.Then why does the ** Lama insist on this groundless and impossible concept of "greater Tibet area"? There are at least two reasons. One is that many of the Tibetan people exiled with the ** Lama in 1959 are from Tibetan areas outside the Tibet Autonomous Region. The ** Lama needs to set a common illusion of "a united, independent and free Tibet" to buy these people's support. The other reason is that the claim was designed by their foreign bosses and they, as their flunkies, dare not disobey it.The ** Lama and his followers in his "government in exile" have often expressed their recognition of the Simla Conference. Therefore, the so-called "greater Tibet area" in essence is "semi-independent" or in "disguised independence", which aims to serve the open and complete "Tibet Independence" and disunite a quarter of China's territory in future.But the ** Lama and his alike do not really understand that the political claims they make against historical development and reality to please their foreign bosses, no matter under what splendid banners, are only "medieval fantasies" that go against the time and the interests of Tibetan people as well as people of all ethnic groups in China. The Chinese government will not be fooled!

BEIJING - The Silk Street market in Beijing, popular among tourists for cheap goods, tarnished its reputation as authorities seized fake name-brand sneakers and sports wear in the latest raid at the market. Law enforcement workers on Saturday confiscated 553 shoes of pirated Nike, 408 counterfeit Adidas shoes and 160 fake sports suits of the two famous brands after inspecting 11 booths at the market. An official with the Chaoyang branch of the Beijing Administration of Industry and Commerce said they had dealt with dozens of cases of fake products in the shopping mall so far this year. But the selling of fake goods still exists, especially at weekends, according to the official. The official said they are keeping tight inspection on fake goods. The Silk Street market, or Xiushui market in the Chaoyang District, has been popular with overseas tourists who have flocked to buy counterfeit and knock-off luxury clothes and accessories since 1985. In March 2005, the outdoor market moved to a multi-story building next to the Xiushui Street.

BERLIN - German Chancellor Angela Merkel Tuesday called for "good and intensive relations" with China.German Chancellor Angela Merkel addresses a news conference in Berlin January 15, 2008. [Agencies] "The German side is perfectly ready" to continue the sound relations with China on both economic and political levels, Merkel told a news conference in Berlin, in response to a question raised by Xinhua.The two countries have to rely on each other when it comes to international cooperation, said Merkel, who plans to visit Beijing in October for the Asia Europe Meeting (ASEM).The Chancellor said China played a "constructive role" at the climate conference held on the Indonesian island of Bali in December which laid a groundwork for a successor to the Kyoto agreement on cutting greenhouse gas emissions.She also wished China every success in hosting the Beijing Olympic Games.

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China's Premier Wen Jiabao said on Wednesday macro control measures should be further strengthened to prevent the fast-growing national economy from overheating. The monetary policies should be stable in general but "moderately tightened" to secure a stable and fast-growing economy, said Premier Wen at a meeting of the State Council. Wen said the country will continue to implement its current prudent fiscal and monetary policies. He called for fiscal policies to be more supportive of industrial restructuring. He said industrial production is growing at a rate that is faster than desired and the trade surplus is too big. China's trade surplus in May soared to US.45 billion, up 73 percent from the same month last year. Wen said the country would continue to adjust export rebates and tariffs on certain items while further improving policies to boost imports in a bid to address the climbing trade surplus. Sustained fast growth of investment, excessive liquidity in the capital market and rising inflation pressure also deserve more attention, said Wen. Wen said the government would control the supply of land and bank loans to high energy-consuming projects. He also said financial, fiscal and taxation measures should be employed to guide the flow of capital. He said there should be more channels for capital outflow and for the use of foreign exchange. Rising food prices have caused the consumer price index (CPI) to rise 3.4 percent in May, higher than the government's target of three percent. Wen pledged to stabilize food prices by ensuring the food supply and enhanced supervision over food quality.

KHARTOUM: Chinese peacekeepers were on Wednesday awarded certificates of merit for their excellent performance during their eight-month term in Sudan, a Chinese officer said Thursday.Lieutenant General Jasbir Singh Lidder, commander of the UN Mission in Sudan (UNMIS), presented Unit Citations to the engineering, transportation and medical contingents of Chinese peacekeeping troops, and Force Commander Commendations to 22 Chinese troops.The two certificates of merit are the highest honor awarded to peacekeepers from various contributing countries in Sudan, said the Chinese officer.The awards ceremony was held at the base of the Chinese peacekeeping troops in Wau, capital of West Bahr al-Ghazal state in southern Sudan, two weeks before their departure from Sudan to rotate with another batch of Chinese peacekeeping troops.Lidder said it was a great honor for him to serve with the Chinese peacekeepers as they were ending "their very successful term" in Sudan."During the past months, the three contingents of the Chinese peacekeeping troops have done a significant job to be a role model for professionalism, commitment and conduct," Lidder said.The Chinese peacekeepers had also maintained excellent relations with the contingents of other countries as well as the local population, the UNMIS commander said.Li Chengwen, the Chinese Ambassador to Sudan, congratulated all the three contingents, the 22 Chinese peacekeepers as well as the other officers and soldiers. He highly praised their performance in Sudan, especially in the extremely difficult and complicated conditions.The 435-strong Chinese peacekeeping troops, the second batch of Chinese peacekeepers deployed in southern Sudan since China started taking part in UN peacekeeping operation there in May last year and arrived in Wau in January this year.

Chinese residents along the Huaihe River have been urged to gear up for their second tough combat against floods in a week as the receding flood water on some branches started rising again on Saturday after torrential rains.The upper-reach Nanwan Water Dam and Shishankou Reservoir have got an average rainfall of 150 mm and 315 mm respectively on Friday, resulting a twist in the ongoing combat against the worst flooding on the Huaihe River since 1954. ¡¡ Chinese Premier Wen Jiabao talks to a child during his visit to the flood-hit Funan County in East China's Anhui Province, July 13, 2007. Continuous heavy rainfall has been battering a large part of eastern and southern China, with some parts witnessing the worst floods in decades. [newsphoto]The water level on the crucial Wangjiaba Hydrological Station may soon surge above the danger line as more rains have been forecast in the next few days, said Cheng Dianlong, deputy director of the Office of the Flood Control and Drought Relief Headquarters. Thirteen sluices at Wangjiaba station were opened Tuesday to divert flood water into the Mengwa Buffer Zone home to 150,000 people to provide relief to more than 2 million flood-hit residents in Henan Province. ¡¡ Nearly half a million people have been evacuated from the projected path of floodwater from the Huaihe River by Friday. Cheng said that the Henan hydrological departments on the upper reaches have made good use of reservoirs and water dams to alleviate pressure downstream Saturday. The flux into the Nanwan Reservoir registered at 2,760 cubic meters per second, however that out of the reservoir was¡¡reduced to 200 cubic meters per second. "The Huaihe riverbanks have been lashed by swelling water for several days. Putting up good defense will become increasingly difficult as more torrential rains are to come," he said. The headquarters issued an emergency notice Saturday to all local governments along the Huaihe River, requiring them to surmount fatigue, remain high alert and carry forward the spirit fostered in battling the 1998 Yangtze River flooding which killed more than 3,000 people and inflicted about 100 billion yuan (about 13 billion U.S. dollars) in economic losses. The notice urged them to take all adverse situations into consideration to reinforce preventive measures, continue to put the human first and safeguard the lives and assets of the people by arranging for relocation in advance. Along the Yangtze River, Guizhou, Hunan and Hubei provinces and Chongqing Municipality have been stricken by floodwater as heavy rainfall had lifted up the water levels of some branches. The Pipazui and Zhengjiahe Hydrological Stations on the tributary Fuhe River have both registered their highest water levels in history. Landslides triggered by mountain torrents killed six and caused three missing in Zhijin County of Guizhou Province, affected more than 673,000 people in Chongqing and inflicted the municipality 182 million yuan in direct economic losses. Some 1,630 people in Jingshan County of Hubei were evacuated in emergency as the water collected in downtown areas were 0.5 to 1.5 meter deep. By Friday, a total of 403 Chinese had been killed with 105 missing and 3.17 million people have been relocated as the rainy season coupled with ferocious flood waters continues to batter central and southern China.

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China has sent rescue ships to search for a cargo vessel missing in the East China Sea with 17 Russian crew on board.The China Maritime Search and Rescue Center said on Friday it launched a search and rescue emergency plan soon after a rescue center in Russia's far east informed it of the missing boat on Thursday.The Cambodia-registered ship went missing on its way from Japan to Hong Kong.The vessel failed to arrive in Hong Kong on Thursday as scheduled, and the last radio contact was made with the ship on Sunday, when it was 212 sea miles (391 km) east of Shanghai.Russian rescue officials then informed rescue centers in China, Japan and South Korea of the Captain Uskov's disappearance."Our rescue ships have started searching," Zhai Jiugang, a senior official with China's search and rescue center, said.Vessels sailing in the East China Sea have also been informed by the center's branches in Shandong and Shanghai of the disappearance of the ship, and were asked to assist in the search, he said.The center is also using maritime satellites to help search for the vessel. But by Friday afternoon, there was "no clue about the missing boat, and we will continue to search", he said.The boat, with a cargo capacity of 5,200 metric tons, was built in Japan in 1982. It flew a Soviet flag and was later sold to a private shipping company and registered in Cambodia.

BEIJING - More than 50 people in the Chinese capital have been fined for spitting during the week-long May Day holidays, according to officials in charge of the city's image. Beijing's management department and civilization promotion office have jointly sent five inspection teams to patrol the downtown Wangfujing pedestrian street, Tian'anmen Square, commercial centers and railway stations to stop people from spitting, littering, random posting of advertisements and scrawling. By Sunday, 56 people were fined for spitting and refusing to correct the bad habit, according to the teams. The officials also handed out more than 10,000 bags to tourists, reminding them not to litter. The government is now anxious to correct the embarrassing habits of Chinese travelers ahead of next year's Olympics Games. And there is no better opportunity of doing it than the May Day travel spree, when an estimated 150 million Chinese will be on the road. The China National Tourism Administration has issued a circular, making travel agencies and tour guides responsible for correcting tourists' bad behavior during the holidays. Jumping the line, spitting, littering and clearing one's throat loudly in public are some of the frequently observed practices among Chinese travelers, according to a guideline prepared and released last year by the Spiritual Civilization Steering Committee (SCSC) of the Chinese Communist Party, the official etiquette watchdog. "We are supposed to remind people constantly throughout the tour, and also lead an etiquette discussion at the end of the tour," said Huang Xiaohui, a travel guide with a Beijing-based travel agency. "The Olympics are coming, and we don't want to get disgraced," Huang said, summing up the purpose succinctly.

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China warmly welcomes French President Nicolas Sarkozy on a state visit next month, which will "be a great event for China-France relations", Foreign Minister Yang Jiechi said at a joint press conference with his French counterpart Wednesday.Yang and French Foreign Minister Bernard Kouchner discussed the preparations for Sarkozy's visit, and agreed that it would definitely achieve great results.A lot of agreements will be inked between France and China during Sarkozy's visit in areas such as energy, transportation and education, Kouchner said.The French foreign minister is in China to pave the way for Sarkozy's visit, the first since he assumed presidency in May.During their talks, Yang said China is ready to go along with France to deepen strategic dialogue, expand mutually beneficial cooperation and have closer consultation and coordination on major international issues.The two foreign ministers agreed, as two of the five permanent members of the UN Security Council, to strengthen comprehensive strategic partnership for the benefit of both sides. Such a development will be beneficial to global peace, stability and development, too.On the development of ties between China and the European Union (EU), Yang said their relationship had matured after 30 years of cooperation."The two sides share broad common interests in intensifying mutual political trust, expanding economic and trade cooperation, jointly tackling the challenges of climate change and combating traditional and non-traditional security threat," Yang said.Kouchner ensured Yang that France would double its efforts to solve the pending China-EU problems after his country assumed the rotating presidency of the EU in July 2008.On the Taiwan question, Kouchner said France follows the one-China policy. He said EU foreign policy chief Javier Solana had made a statement on behalf of EU countries opposing Taiwan authorities' attempt to hold a referendum to move the UN for membership. "France supports the position (of Solana)," Kouchner said.Yang and Kouchner also exchanged views on regional and international matters such as the nuclear issues on the Korean Peninsula and in Iran, the situation in Myanmar, climate change and the Darfur and other issues in Africa.

The growth of the services sector should be accelerated and opened wider to private and foreign investors, the State Council has said. Market access for such sectors as telecommunications, railways and civil aviation - by far largely State-owned - will be increased and more competition encouraged to diversify investment, the Cabinet said in a document released yesterday. The country will establish an "open, fair and rule-based" market access system, according to the document, which urged local governments and departments to encourage foreign investment and improve the legal framework in the sector. Private investors are encouraged to "raise the proportion of non-State output in the national services industry". No domain should be off-limits as long as the law does not forbid the entry of non-State investors, the document said. The State Council said the services trade should be encouraged to change the foreign trade growth pattern, which comprises mainly exports of low-end manufactured goods. Some local governments were criticized for tilting toward heavy industries and ignoring the services sector, which made up 40.2 percent of China's gross domestic product (GDP) last year. It generally accounts for about 70 percent in developed economies.The sector is important for China as it makes efforts to change its economic growth pattern, reduce consumption of energy and resources and create jobs, the document said. Given those benefits, "developing the services sector is imperative for China," Liu Xiahui, an economist with the Chinese Academy of Social Sciences, told China Daily. "But for the moment, it still has to rely on the industrial sector to generate more tax revenues and achieve a high rate of economic growth." Liu said while the general services industry, such as the catering trade, has grown fast, many regions are not developed enough to accommodate high-end value-added services, such as finance. "We cannot ignore our economic reality." "But I do hope the country can make bigger strides in developing the services sector, which is in line with China's future needs," Liu added. As one of the steps, the State Council urged more input into sectors oriented toward people's livelihood, such as real estate, non-State nursing homes for the aged and culture. The cabinet put special emphasis on the services industry in rural areas, urging an increase in farmers' incomes and a relaxation of the urban household registration system.