Photography/reporter Wei Wei

　　(Reporter Jing Liu) Yesterday, Fangshan District held a commendation meeting for the successful avoidance of geological disasters in Junhong Road, Da ‘anshan Township, and gave a notice of commendation to An Hongsan, the geological disaster group monitoring and prevention officer in Zhaomudi Village, Da ‘anshan Township, Wang Yuetang, the secretary of the village party branch, and the mountain and river class team of the third special maintenance section of Ruitong No.7 of Beijing Municipal Road and Bridge Management and Maintenance Group, and gave an award of 100,000 yuan to An Hongsan, the group monitoring and prevention officer; Wang Yuetang, secretary of the Party branch of Zhaomudi Village, Da ‘anshan Township, and the Shanchuan Class Team of Ruitong No.7 Special Maintenance Section of Beijing Municipal Road and Bridge Management and Maintenance Group were awarded 50,000 yuan each.

　　At 8: 30 am on August 11, 2018, a geological collapse occurred at K18+350, Junhong Road, Da ‘anshan Township, Fangshan District, with a volume of about 30,000 cubic meters. Before the collapse, An Hongsan, a 48-year-old group defense group surveyor from Zhaomudi Village, Da ‘anshan Township, made a routine inspection of the road section, and immediately reported to the secretary of the village party branch after discovering that there might be a danger of ground disaster, and decisively stopped 15 vehicles and 28 pedestrians within 10 minutes before the disaster.

　　After receiving the report, Wang Yuetang, secretary of the Party branch of the village, made a report to the main leaders of the township and relevant departments while rushing to the scene quickly. Shan Chuan Ban, the third specialized maintenance section of Ruitong No.7, Beijing Municipal Road and Bridge, which is being inspected, also took the road disconnection measures at K17+700, which is relatively safe and convenient for vehicles to turn around, according to the requirements of the emergency plan in time. At the same time, after receiving the notification from the township, Da ‘anshan Coal Mine timely arranged security personnel to intercept the descending personnel and vehicles. Through the cooperation and efforts of many parties, great losses to people’s lives and property have been avoided.

　　It is understood that there are more than 340 geological disaster group surveyors like An Hongsan in Fangshan. Behind the collapse of the mountain, there are no casualties, which is a team and a well-organized group. One-third of Fangshan is a mountainous area with complex topography, landforms and geological conditions, which is an area prone to geological disasters. All kinds of geological disasters such as collapse, debris flow, landslide, unstable slope and ground collapse are prone to occur in the whole region, which seriously threaten the production and life of the people.

　　In order to ensure the safety of people’s lives and property, the district has established a group monitoring and prevention mechanism for flood control and disaster reduction, and various towns and villages have established a team of geological disaster group monitoring and prevention personnel to monitor and patrol all hidden dangers all year round, and organize people to avoid risks in time when problems are found, thus ensuring the safety of people’s lives.

　　Beijing Youth Daily reporter learned from Fangshan Branch of the Municipal Planning and Land Commission that due to the complicated causes of the disaster, at present, the road section is still in the road closure stage. Relevant experts are compiling Supplementary Investigation Report on Geological Disasters at K18+350 of Junhong Road X209, Daanshan Township, Fangshan District based on the data obtained by unmanned aerial vehicles, remote sensing and other technologies, and Fangshan Highway Branch will adopt targeted design schemes and control measures according to this report. In the next step, Fangshan District will organize disaster control and road repair construction to resume traffic as soon as possible. At the same time, we will continue to organize group monitoring and prevention personnel and emergency forces at all levels to increase inspections of hidden dangers of geological disasters and key parts of flood control in the whole region, and deal with problems in a timely and reasonable manner.

　　Core reading

　　Recently, two local conferences have been held one after another. The 19th National Congress of the Communist Party of China proposed to build China into a prosperous, strong, democratic, civilized, harmonious and beautiful socialist modernization power. This year’s local two conferences attached great importance to the construction of ecological civilization, consciously implemented the concept of green development, and put forward the tasks of fighting a tough battle against pollution and implementing the reform of the ecological civilization system.

　　As of January 30, the two sessions in 31 provinces have been held, and there are many highlights in the work deployment in various places. From carrying out the concept of green development to carrying out the task of reforming the ecological civilization system, from fighting a tough battle against pollution to carrying out major ecological restoration projects, all provinces attach great importance to the construction of ecological civilization despite their different resource endowments.

　　What green development signals have been revealed by the local two conferences this year? What key tasks are worth looking forward to?

　　Development emphasizes high-quality, green and low-carbon circular development, and the economic system is gradually improved

　　In this year’s local two conferences, many places emphasized "high-quality development" when deploying their work. Some provinces played down GDP growth targets and paid more attention to ecological and environmental protection and other important indicators that reflect the quality of development.

　　Shanxi adjusted the GDP growth rate, but the requirements for binding indicators were not relaxed: the energy consumption per 10,000 yuan GDP decreased by 3.2%, the carbon dioxide emissions per 10,000 yuan GDP decreased by 3.9%, and the water consumption per 10,000 yuan GDP decreased by 3.9%. Chongqing plans to implement dual control actions of energy, water resources, total amount and intensity of construction land. Xinjiang implements the new development concept, promotes high-quality economic development and strives to build a beautiful Xinjiang. Fujian will focus on green development, promote green technology innovation, expand green industries such as energy conservation and environmental protection, and increase the consumption proportion of clean energy and renewable energy.

　　The economic system of green and low-carbon circular development is also gradually improving. Guangdong will optimize the energy structure, implement the management of coal reduction in the Pearl River Delta, and vigorously develop clean energy such as wind energy, solar energy and nuclear energy. Chongqing will promote the green transformation of industrial development, establish and improve a green and low-carbon circular development economic system, and expand energy-saving and environmental protection, clean production and clean energy industries. Anhui will strengthen energy-saving and environmental protection industrial clusters, integrate the concept of "ecology+"into industrial development, and form a spatial pattern, industrial structure and production mode that saves resources and protects the environment.

　　In this regard, Li Zuojun, deputy director of the Institute of Resources and Environmental Policy of the State Council Development Research Center, said that green development is an inherent part of high-quality development, which is reflected in two aspects: on the one hand, high-quality development should meet people’s needs for a better life, including the need for a beautiful ecological environment, which depends on green development; On the other hand, high-quality development requires less resource and energy consumption and environmental damage to achieve economic development. "This year, some places downplayed GDP indicators, which has multiple reasons: there are both the policy orientation of the central government, the realistic constraints of local economic development, and the consideration of green development."

　　Pollution prevention and control, air, water and soil control work together.

　　Fighting a tough battle against pollution has been repeatedly mentioned in the local two sessions. Many provinces have put forward specific measures and objectives and tasks for pollution prevention and control.

　　After the first phase of "Atmosphere Ten" ended, some provinces are formulating and implementing a new round of air pollution prevention and control action plan. Beijing said that it is determined to fight the blue sky defense war, and the prevention and control of air pollution will change from "structural emission reduction" to "connotative emission reduction". Liaoning will do a good job in the rectification and implementation of the central environmental protection inspector and the national marine inspector, and continue to fight the blue sky defense war. Shandong continued to implement air pollution prevention and control actions, actively carried out joint prevention and control of air pollution in Beijing, Tianjin and Hebei and surrounding areas, accelerated the control of loose coal pollution, and carried out the actions of replacing coal with electricity and gas in a safe and orderly manner. Hunan issued an action plan to implement the blue sky defense war, focusing on winning the blue sky defense war in Changsha, Zhuzhou and Xiangtan.

　　In terms of water pollution prevention and control, Jiangsu has further implemented the ecological river and lake action plan, implemented the river length system and the lake length system, promoted pollution control in the Yangtze River, Huaihe River and Taihu Lake basins and coastal waters, eliminated the V-class section that failed the national examination, completed the remediation of centralized drinking water sources at or above the county level, and accelerated the treatment of urban black and odorous water bodies. Hainan said that it is necessary to ensure that all the polluted water bodies in inland rivers and lakes in 64 towns meet the standards, and the excellent water quality rate of major rivers and lakes is not less than 95%. Yunnan has strengthened ecosystem restoration and comprehensive environmental management in key river basins, actively participated in the construction of green ecological corridors in the Yangtze River, promoted the rescue protection of Erhai Lake, and strengthened the protection and management of nine plateau lakes such as Dianchi Lake and Fuxian Lake. Guangxi has continued to implement the management of Jiuzhou River, Nanliu River and Xialei River basins, strengthened the protection of marine environment, and strengthened the management of agricultural non-point source pollution and urban black and odorous water bodies. Sichuan has fully implemented the system of river length and lake length, and intensified the rectification of major rivers such as Tuojiang River and Minjiang River and 24 seriously polluted small watersheds.

　　In terms of soil pollution prevention and control, Hunan has implemented 62 key projects for soil pollution prevention and control, carried out farmland restoration and crop planting structure adjustment in Changsha, Zhuzhou and Xiangtan, and increased the protection of ecological green centers in Changsha, Zhuzhou and Xiangtan urban agglomerations. Inner Mongolia stepped up efforts to prevent and control soil pollution and reduce heavy metal emissions, rectified the environment of industrial parks, and withdrew from industrial and mining enterprises in nature reserves in an orderly manner according to law.

　　Li Zuojun said, "Since the 19th National Congress of the Communist Party of China was held, local governments have taken the three major battles as the key tasks at present and in the future. As far as the battle of pollution prevention and control is concerned, it has some new features compared with the past: First, it has paid more attention to it and is more advanced in the work ranking; Second, the work is more practical, that is, it is implemented with tangible actions; Third, it is more targeted, that is, according to the local actual situation, the focus of the promotion is different. Although the "Atmosphere Ten", "Water Ten" and "Soil Ten" have been launched in sequence, local governments attach great importance to it. For example, in the prevention and control of water pollution, every river and lake has a special person in charge.

　　Compacting and compacting various tasks, the reform of ecological civilization system has been continuously promoted.

　　Audit of natural resources assets leaving office, environmental protection tax and compensation system for ecological environment damage & HELIP; … A number of systems promulgated by the state to deepen the reform of the ecological civilization system are being refined and implemented in various places.

　　Chongqing said that it is necessary to reform the ecological environment supervision system, improve the system of ecological civilization system, strengthen performance evaluation and accountability, and form an environmental governance system with the government as the leading factor, enterprises as the main body, social organizations and the public as the participants.

　　Yunnan will start the reform of the compensation system for ecological environment damage and comprehensively promote the audit of natural resources assets of leading cadres.

　　Zhejiang will speed up the reform of environmental monitoring, supervision and law enforcement system, comprehensively carry out the outgoing audit of natural resources assets, establish and improve the reward and punishment mechanism for environmental protection and the financial reward and compensation mechanism for green development, and establish and improve the trading system of energy use rights based on energy consumption per unit of GDP.

　　Ningxia should strictly implement the spatial planning, formulate the implementation supervision and assessment methods, complete the demarcation and demarcation of the red line of ecological environmental protection, issue the "three zones and three lines" management and control rules, establish and improve the market-oriented and diversified ecological compensation mechanism, earnestly strengthen the environmental protection supervision and assessment, and severely punish acts that damage the ecological environment according to law.

　　According to the actual work, many places have listed a "green list" that conforms to the provincial conditions.

　　Fujian, as a national ecological civilization experimental zone, indicated that it would speed up the construction of the national ecological civilization experimental zone and complete four annual reform tasks.

　　Xinjiang started to implement the plan of recuperation of cultivated land, grassland, rivers and lakes, strengthened the construction of ecological barriers in key areas such as sandstorm source areas, vigorously implemented two million mu of ecological control and greening projects for sand control in Aksu, and strived to build an ecological security barrier.

　　In 2017, Hoh Xil in Qinghai successfully declared the World Natural Heritage, and the pilot project of Sanjiangyuan National Park system progressed smoothly. In 2018, Qinghai will implement and deepen the reform of the ecological civilization system such as the management of state-owned natural resources assets.

　　Li Zuojun believes that system construction and system reform are the most fundamental measures for green development, and the 13th Five-Year Plan also emphasizes the need to use systems to protect the environment. "Whether it is pollution control or efficient use of resources and energy, it depends on the behavior of all subjects, and the guidance of each subject’s behavior depends on the system. It is commendable that the current reform of the ecological civilization system is constantly moving forward, especially the implementation of environmental protection inspectors and other systems has achieved remarkable results. At the same time, the property rights system of natural resources assets and the trading system of carbon emission rights are being accelerated and improved, and these systems will continue to play a role for a long time. "

　

　　After the press conference, Chen Conghui, the leader of the 4th Expedition Team of Haidian District Court (Litigation Service Center), was interviewed by the reporter. Kang Dacheng

　　In recent years, loan chaos such as "beheading interest", "routine loan" and deliberately concealing the real interest rate have emerged one after another. How to identify the joint debt of husband and wife in credit consumer loan disputes? Should the handling fee deducted in advance by the lender be included in the principal amount? How can the people’s courts play the role of trial function and realize accurate and effective prevention and control of the source of financial risks? Recently, the Haidian District People’s Court of Beijing issued a typical case of financial disputes over credit consumer loans, which clarified these issues.

　　Joint debts of husband and wife require proof from creditors.

　　On August 18, 2017, Chen Mou (the borrower) signed a Maximum Creditor’s Rights Contract with a bank (the lender), stipulating that the bank intends to provide Chen Mou with a credit line with a maximum creditor’s rights of 300,000 yuan continuously during the five-year credit period, which will be used for personal consumption loans in Chen Mou, and the loan purpose is limited to the borrower himself and family consumption such as decoration, car purchase and marriage.

　　After the signing of the contract, from August to September, 2018, Chen Mou applied to the bank for a loan of 299,900 yuan, and after the approval of the bank, it paid the corresponding amount to the designated account in Chen Mou. After Chen Mou failed to repay the loan as agreed, as of July 22, 2021, the loan principal was still 299,900 yuan, and the corresponding interest, default interest and compound interest were still owed.

　　In the lawsuit, the bank claimed that the loan under the above-mentioned Maximum Creditor’s Rights Contract was used for husband and wife to live together, and the corresponding debt should be the joint debt of Chen Mou and Sun. In this regard, Sun did not recognize it. Sun argued that he and Chen Mou registered their marriage in November 2010 and agreed to divorce in February 2019. Although the above debts occurred during the existence of the husband-wife relationship, he did not sign the loan contract and did not know the corresponding loan situation; Chen Mou’s loans are used to repay his personal debts, but not for family life together. Therefore, the disputed debts are not joint debts of husband and wife. Upon verification, after receiving the above loan, Chen Mou successively transferred the money to himself or the fund management company outside the case, but did not transfer it to Sun’s name.

　　The court held that Chen Mou should bear the corresponding liability for breach of contract. However, the Maximum Creditor’s Rights Contract was signed by Chen Mou personally, and the disputed loan was also applied by Chen Mou personally, and was distributed to the designated account in Chen Mou. The corresponding creditor’s rights certificate was not signed and recognized by Sun, and Sun personally did not issue any written commitment to confirm that the corresponding debt belonged to the joint debt of husband and wife. In addition, although the Maximum Creditor’s Rights Contract states that the corresponding loan uses include household consumption, it cannot be determined that the litigation money is actually used for the daily life or joint production and operation of Chen Mou and Sun. Therefore, the evidence submitted by the bank is not enough to prove that the debt belongs to the joint debt of husband and wife.

　　In the end, the court ruled that Chen Mou repaid the principal of the bank loan and the corresponding interest, penalty interest and compound interest, and rejected the bank’s claim that Sun should bear the joint repayment responsibility.

　　The judge said that during the marriage relationship, the debts incurred by a husband and wife with a third party, such as a financial institution, in their own name, due to acts such as large loans, are not necessarily joint debts of husband and wife. Article 1064 of the Civil Code provides for this situation, that is, the debts incurred by the husband and wife who jointly sign or one of them ratifies their common intention afterwards, and the debts incurred by one of the husband and wife in his own name for the daily needs of the family during the marriage relationship belong to the joint debts of the husband and wife. The debts incurred by one of the husband and wife during the marriage relationship in their own name beyond the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt is used for husband and wife’s common life, joint production and operation, or based on the common will of both husband and wife.

　　The judge said that in judicial practice, if a financial institution can’t prove that the husband and wife have a joint debt or the corresponding debt is actually used for the husband and wife’s common life and joint production and operation, it should bear the adverse consequences as a creditor. The Civil Code makes financial institutions and other creditors bear the corresponding burden of proof, which forces financial institutions to fulfill their more prudent duty of care in the loan review stage, and requires borrowers’ spouses to jointly sign loan contracts and issue joint repayment commitments in accordance with the above provisions, so as to avoid damaging the legitimate rights and interests of the non-debt spouse.

　　Do not charge "beheading interest" in advance.

　　On March 29, 2018, Bai (the borrower) signed a Loan Contract with a microfinance company (the lender) and applied for a loan of 40,000 yuan from a microfinance company. The two parties agreed in the contract that if Bai can’t repay the loan on time due to special reasons, he can only delay the repayment after applying to the company and obtaining the consent, and at the same time, he must pay the company a daily handling fee of 0.0767% according to the time of application delay and the contract loan amount; If Bai applied for delayed repayment on or before the loan start date, Bai agreed that the company would directly deduct the fee from the loan amount when issuing the loan.

　　The first repayment date was originally scheduled for April 30, 2018, and was extended to May 6, 2018 after negotiation, with a total extension of 6 days. On the same day, Bai signed an iou for the above loan, agreeing that the company directly deducted the delayed repayment fee of 184 yuan. The next day, the company transferred 39,816 yuan to Bai’s designated account.

　　Later, due to Bai’s failure to repay the principal and interest according to the contract, the company sued Bai to the court, and made it clear that the loan principal amount was confirmed by the actual transfer amount of 39,816 yuan to Bai, and the corresponding interest was calculated based on the actual repayment situation.

　　After trial, the court held that Bai should bear the corresponding liability for breach of contract, but there was no legal basis for the company to deduct the deferred repayment fee from the principal in advance, so it should determine the loan principal amount and calculate the interest according to the actual transfer. In the end, the court ruled that Bai should bear the corresponding debt service responsibility according to the adjusted loan principal amount.

　　The judge said that when granting a loan to a borrower, the money that the lender first deducted from the principal was commonly known as "beheading interest". In judicial practice, in the process of developing credit consumer loans, individual financial institutions often deduct the interest charged in disguised form in the name of deferred repayment fees and service fees from the principal in advance-charge "beheading interest". This behavior actually reduces the amount of principal provided by the lender of funds, which makes the borrower’s borrowing purpose unable to be fully realized, which is unfair to the borrower, which not only harms the borrower’s interests, but also breaks through the legal interest rate red line in disguised form, so Article 600 of the Civil Code. If the interest is deducted from the principal in advance, the loan shall be returned according to the actual loan amount and the interest shall be calculated.

　　Judicature helps to resolve financial disputes in essence.

　　According to Chen Conghui, the leader of the Fourth Expedition Team of the Filing Court (Litigation Service Center) of Haidian District Court, in the past five years, Haidian District Court has accepted 23,945 financial disputes on credit consumer loans, accounting for 46.12% of all financial cases. This kind of disputes mainly presents three characteristics: a large number, rapid growth, and no obvious solution effect. First, the homogenization and batch characteristics are obvious, and most of them are disputes caused by one or several major consumer financial products of financial institutions; Second, the plaintiffs are concentrated in consumer finance companies, and the lawsuits filed by consumer finance companies are the largest, accounting for 82.74%; Third, the judgment rate is not proportional to the execution rate. The judgment rate of cases is as high as 63.07%, but the execution rate is only 7.25%. It is difficult for financial institutions to win the case.

　　In terms of financial institutions, there are three main reasons for the frequent occurrence of financial disputes over credit consumer loans: First, a small number of financial institutions have irregular pre-lending audits, which has led to the borrower’s debt default; Second, individual financial institutions do not take the initiative to collect money by themselves and rely too much on litigation means; Third, the negotiation schemes of some financial institutions are too rigid, and the dispute resolution is ineffective.

　　In view of the above characteristics, Haidian District Court connects with financial institutions, puts the source of litigation at the forefront, actively connects with financial institutions in its jurisdiction, improves internal risk prevention and control systems such as pre-lending audit and post-lending tracking, and reduces the risk of non-performing loans from the source; Actively cooperate with industry mediation organizations, give full play to the positive role of the working mechanism of "entrusted mediation+judicial confirmation", and promote the diversified and efficient resolution of financial disputes on credit consumer loans; Carefully cultivate demonstration judgments for key cases, popularize the application of small claims procedures, strive to achieve "one judgment, one solution", and effectively improve the efficiency of financial trials; Increase the application rate of small claims procedures, supervise the automatic performance of judgment documents, promote the substantive resolution of disputes from multiple angles, levels and ways, and ensure that a financial case solves a substantive dispute. Since 2023, the number of such disputes accepted by Haidian District Court has been significantly reduced, and the effect of substantive settlement has been significantly improved. Taking a bank as an example, in 2023, the automatic performance rate of effective judgment documents in the financial disputes of credit consumer loans filed by Haidian District Court was nearly 40%.

　　In addition, in view of the typical problems in the consumer finance industry reflected in typical cases, Haidian District Court issued a proposal to financial institutions on December 6, 2023 on optimizing credit management, maintaining financial security, and deepening the governance of litigation sources, advocating financial institutions to adhere to the purpose of finance for the people, make prudent and reasonable loans, do a good job in integrity and compliance management, compact management and collection responsibilities, strengthen diversified dispute resolution mechanisms, and take practical actions to shoulder the social responsibility of finance for the people.

　　Zhou Yuanyuan, deputy to the Beijing Municipal People’s Congress, said that the Haidian District Court effectively responded to the general concerns of the society by issuing typical cases of financial disputes over credit consumer loans, and really played the role of "small cases are powerful" in popularizing the law, realizing "promoting governance by cases", reducing the legal risks brought by information asymmetry, and providing effective normative guidance for financial institutions and financial consumers. She suggested that it is necessary to increase publicity, guide financial institutions to standardize their business, prevent financial risks from the source, and reduce financial disputes.

　　Wei Yifan, a representative of Haidian District People’s Congress, spoke highly of the effectiveness of the Haidian District Court in handling financial disputes. He said that the settlement of credit consumer loan disputes is related to people’s happiness and is of great significance to standardizing financial order and stabilizing the overall situation of society. Haidian District Court adheres to and develops the "Maple Bridge Experience" in the new era, does a good job in the source management and diversified solution of financial disputes, and protects the legitimate rights and interests of various financial market entities equally with efficient and high-quality judicial services.