Legal risk of digital currency
If bitcoin represents blockchain version 1.0, it proves to the world that digital currency can be realized. Then Ethereum represents blockchain version 2.0, which lets you know more about the play of blockchain, decentralized applications and smart contracts. In 2018, blockchain will enter the stage of 3.0, application and scenario landing will be the core of blockchain, and blockchain based applications in various instries will spring up, which will be the early dividend period of the last stage of blockchain development. The demand for talents driven by the application of blockchain technology has become increasingly large. Blockchain technical talents have become the new professional talents, which are highly competitive, and also have enviable high salaries
whether to form a meaningful large-scale consensus: one of the outstanding advantages of blockchain is that it can effectively form a large-scale consensus by opening account books and notifying the whole network. At present, there is no need to form a network wide consensus for many projects. Some projects are just for crowdfunding and token issuance. The blockchain consensus of projects is meaningless. Does this model have network effect: network effect means that a project will become more and more valuable with more and more users of the project, because the value of the project is not in the users themselves, but in the connection network between users. Bitcoin is a typical example. The more user nodes there are, the more links between nodes will grow exponentially, and the whole ecosystem of bitcoin will be more valuable
of course, in addition to these points, there are many basic principles to judge the project, such as effective incentive mechanism, strong team, project solving pain points, and so on
Since 2017, the concept of blockchain, which has been popular all over the society and the world, is still heating up, attracting people and social funds; Boost bitcoin, as well as similar network "encrypted digital currency" (such as ether coin, Wright coin, etc.) price rise, created a lot of "overnight rich" myth. The argument that digital currency and blockchain will subvert tradition and profoundly change the world is constantly rising. The start-up and development of blockchain seems to be coming like a roaring sea, but it is more and more concentrated in coin making and speculation, and more and more trapped in the thinking and paradigm of "bitcoin blockchain" of mining and coin making
in the case that bitcoin must be exchanged with fiat money and must join the network trading platform and other auxiliary links in order to play a greater function, the characteristics of bitcoin blockchain such as area center and disintermediation may have serious problems. In the real world, if the transfer of monetary assets is operated through the bitcoin blockchain system, it will actually increase the intermediary link rather than disintermediation. Moreover, because the bitcoin system is highly anonymous and deliberately evades supervision, it is difficult to fully meet the requirements of anti money laundering and anti-terrorism transportation. On the contrary, many new serious problems may arise, Many arguments about bitcoin and blockchain are difficult to hold
those unseen pain points
the so-called labels of bitcoin blockchain, such as "decentralization", "democracy, equality and freedom", can not stand scrutiny; The truth is that if it puts too much emphasis on "decentralization", it will affect efficiency; Bitcoin has not yet become a real currency; The ICO type fund-raising method is not concive to the development of blockchain... But when people enthusiastically pursue blockchain like faith, they can not see these "pain points":
first, bitcoin blockchain is difficult to build a decentralized, democratic and equal society
bitcoin blockchain system envisages the establishment of an equal and democratic world for all participants, but in fact, the core team of coding maintenance and the main forces involved in mining and operation are not so equal and democratic. Due to the influence of computer computing power, the mining and acquisition of bitcoin are not equal as advertised. As a result of competition, the opportunities of mining and acquiring bitcoin are more and more concentrated on a small number of mining pools or nodes with powerful computing power. However, more and more people are involved in mining, consuming resources, but they may not be able to obtain bitcoin. This makes bitcoin more occupied by a few people, and will enhance its voice or influence on the adjustment of network rules
secondly, there are strict conditions for bitcoin blockchain to "de trust" and "de mediate" point-to-point transactions
At the bottom right of the front page of the post bar you want to apply for, there is a position of "information of this bar". There will be a text link of "apply for a small bar owner", as shown in the figure. Click:
this small bar owner's application requirements. Different post bar requirements are different, so it depends on what kind of post bar requirements you apply for
I believe no one can answer the question whether winning the lottery is a natural choice or an opportunity choice. If it's not at the top of the lottery instry, it's hard to get access to such secrets. But to be sure, it's impossible to realize your dream of sudden wealth through lottery. No matter what instry you are engaged in, buying lottery tickets and winning lottery tickets is a matter of probability. Although there are some so-called lottery codes, some so-called lottery formulas, do these things really exist
based on the above, it is really difficult to answer whether the lottery is a machine choice or a natural choice. Usually nothing to buy a two yuan lottery, even if the fun, do not take the lottery as a job. Remember to be lucky and lose my life
As a transitional and developing economy, China does not deny that there are many problems in its system and mechanism that need to be improved. But Lin Yifu, a famous economist, believes that the decline in growth rate since the first quarter of 2010 is more e to external and cyclical reasons. This view deserves attention
China's growth has slowed down for 18 consecutive quarters since the first quarter of 2010, which is the first situation that China has encountered since the reform and opening up. The growth slowdown lasting for more than four years is unprecedented
In this situation, there are many worries about the future of China's developmentespecially in foreign countries, there is a school of opinion that the slowdown of China's economic growth is caused by structural reasons within China's economic system, which are not easy to solve, because structural reform is involved and it is difficult to implement from foreign experience
According to this judgment, China's economic growth rate will continue to decline, which may lead to the total outbreak of contradictions accumulated in the past 30 years of reform and opening up, thus believing that the collapse of China's economy is inevitable
extended materials:
China's economic development:
first, strengthen the daily maintenance, realize the top-down connection, and reshape the communication mode of the core value system. Through the use of new media communication means, we can get through the communication channels of the socialist nuclear value system to the public, and form a daily communication mode
The second is to use emotional expression to achieve emotional resonance and give play to the emotional transmission function of new media. The forms of new media are diverse, and the characteristics of new media are different. Blogs are good at analyzing, and microblogs are good at expressing emotions The third is to promote rational communication, resolve contradictions and show the rational communication function of new media. Cultivating the socialist core value system requires not only emotional expression, but also rational communication The fourth is to strengthen the in-depth cultivation, realize the guidance of public opinion, and give play to the propaganda role of new media. There are some contents in the socialist core value system that are partial to rational understanding and deep cultivation. It is better to use news websites for theme propagandaIn February of the 27th year of Daoguang reign of the Qing Dynasty (1847), Wen Hai, the prefect of Fuzhou in Jiangxi Province, received a letter and quickly started to have a look. In it, Lin Zexu, his teacher and the current governor of Shaanxi Province, gave a personal reply on how to deal with the opium cultivation under his rule
Mr. Lin's attitude is very clear:
as for flexibility, it's OK to disdain that poppy is planted in the mainland. If there is a kind of huangrong in the mainland, which is better than the foreign peddlers, then who is not willing to buy cheap food
if you don't know this flavor, you can't give up the near and far, and you can't make it the beauty of Shaoxing and the ingot of tobacco in Hunan. If you are in the mainland, what's the obstacle? I'm afraid this kind of smoker may not return to his inner ear! " In Lin Zexu's opinion, local officials advocated "domestic opium", realized the self-cultivation and self absorption of Chinese people, and curbed the outflow of silver, which was already "the intention of benevolent men and gentlemen"
I
seeing this, some readers may be "inexplicably surprised". How can the non-smoking hero say such a thing? Another smear
In fact, it's not surprising that in 1838, in emperor Lin Zexu Daoguang's "money and tickets are all right, so it's better to ban smoking again to corrupt the original film", he said in a compromise:... After several decades, there are few soldiers in the central plains that can resist the enemy, and there is no silver that can be charged...
this sentence is almost the most important historical memory of Lin Zexu's position of banning smoking, In the first half of the article, we warn against the harm of taking drugs to people's health. In the second half, we predict the harm of the outflow of silver to the national finance. It is very clear that the image of "no one" is on the paper
On September 29, 1853, a small incident happened in Shengjing of the Qing Dynasty and Shenyang todayafter being reported by the masses, the soldiers under general Shengjing seized a man
his real name is SANGJIE. He is neither a martial arts expert nor an anti Qing Zhishi. He was a long-lived Lama in Yanshou temple since he was a child. Later, he committed a crime of whoring and had to return to the secular life. He had no other skills to make a living. He shaved his hair and lived in another courtyard of Taiping temple. Others only called him "Guansan Lama"
Why arrest him It turns out that half a month ago, on September 14, Jin Xi, the daughter-in-law of Yao Kexiang's adopted son, a Han nationality in Shengjing City, was abcted by Qing Xi, a bannermen. When Guan San Lama got the news, he called Chen Ting, Chen she and other five brothers together to help Yao Kexiang get his daughter-in-law back, and then took the opportunity to swipe him The next day, Guan San Lama took people to rob Jin Xi. It's hard for later generations to understand the process. I'm afraid it will take a lot of fighting. He only knew that Guan San Lama later asked for 1000 yuan to redeem Jin Xi and raped Jin Xi in Taiping temple, where the "meat ticket" was hidden When it happened, Yao Kexiang and Qingxi were both itching at his teeth. On that day, he was going out with a shotgun and a knife pole on his back. Qingxi's father made a guest appearance in Chaoyang District, and finally general Shengjing brought Guan San Lama to justicethen there is the memorial of "Sheng Jing general Yi Xingsheng, deputy Du Tong Cheng, for taking baliule to redeem the rapist woman and smoking opium to commit the third Lama of Taiping temple, please send it to the Ministry for examination."
the title is really long enough, but the charges of the three lamas can be summarized completely, such as illegal detention, kidnapping and extortion, rape of women, opium smoking...
by the way, another item is illegal possession of firearms, which is also a crime today
in those years, the verdict of the Qing Dynasty said that there was a case of rescuing, there was no precedent, and then according to the law, there was no doubt about Guan San Lama's crimes. According to the rule:
arrest people for ransom, try No cruelty, stop for profit, ban and ransom, and send Xinjiang to officers and soldiers as slaves
abcting women and children as wives and concubines, and those who knew about the situation were the first to send them to the border for 4000 Li
the above is kidnapping, extorting and rape women. The heaviest punishment is not to send them to Xinjiang as slaves. As for the possession of guns and shotguns, the punishment is only one hundred sticks and three thousand li exile. The final verdict of the Ministry of punishment is that the three lamas, namely SANGJIE, should not be punished for their misdemeanors, except for arresting people to redeem them and forcing them to commit altery or committing altery, and hiding guns and shotguns. Besides, they should be punished for their misdemeanors, and they should be sentenced to prison and executed in the autumn
death penalty
the most ridiculous thing is that the three Lamas of this pass became addicted to opium, or because of a stomachache, they bought cigarettes and ointments in order to relieve pain... It turns out that all the charges are "misdemeanors", isn't that a miracle
There are more wonderful things In November 1850, the magistrate of Yixing County in Guizhou Province seized a huge drug trafficking case, involving 39 people and 16 opium, totaling more than 17000 Liang. Moreover, the escorted 12 people, including Lu Jiapeng, were carrying copper guns, shotguns, knife poles and other weapons, which is almost as bad as today's drug dealers equipped with armed helicopters However, according to the regulations on banning opium smoking, the first criminals who were engaged in opium trafficking, armed and without resisting arrest were to be detained and executed after autumnGong Yiji, the first criminal, was sentenced to death
But there are 38 accomplicesZHENG Daiji and other 10 people, "listen to the partner to buy tobacco soil, but have not yet resold, the crime is to flow."—— Exile
Lu Jiapeng and other 12 people, "all of them sold opium in accordance with the big group, gathered people with arms, and without resisting arrest, they were forced to follow, and sent far away to the army."—— Exile
Cheng Xiaoji and other 16 people "were all employed by the shipowners who were aware of the opium trade in Yixing, and they were employed for three years within six months."—— He's in jail for three yearsamong them, Cheng a Sheng and other 10 people listened to Gong Yi Ji's greeting and resisted arrest with arms, "each of them added second class to the Mantu, with a staff of 100 and a flow of 2500 Li."—— Beat the board and banish
compare the drug abuse case in Shengjing with the drug trafficking case in Guizhou. In terms of penalty, drug trafficking is not as serious as drug abuse. It's really a strange thing
What's more interesting is that because the execution of death penalty in the Qing Dynasty had to be executed by the emperor, the "drug addicts" and "drug traffickers" who were sentenced to prison were often unable to die under the mercy of the emperorfrom 1840 to 1844, more than 50 of the above-mentioned criminals who had been tried by the court and the autumn court had been "suspended" for more than three times, that is, suspended for more than three years
in this context, in February of the next year, aleqing a, the Minister of the Ministry of punishment, and others simply played a role, and all the "drug-related" prisoners who had been suspended for five times could be reced to exile. Since then, the emperor basically "allowed him to rece the flow" as usual
therefore, there was no "drug addict" who was really executed in the Qing Dynasty in the nearly 20 years from the implementation of the "Regulations on banning opium" at the end of 1840 to the announcement of "lifting the ban" by the Qing government in 1858
What about the officials In the two memorials, there are similar words:both at home and abroad, and local departments have never seriously investigated and dealt with it
In the past ten years, local officials in all provinces have refused to take opium because of the fact that they refused to take medicine because of choking After Daoguang's death, Xianfeng had just ascended the throne, and general political envoy Luo nyan wrote a letter pointing out that the root of the failure of the former Emperor's ban on smoking was that the law was too heavy to do it.Xuanzong was merciful and devoted to his long-term relationship. He compiled another volume of smokers in the autumn trial every year. He could not bear to check it. Was it a clear proof that he did not like killing people However, local officials are lax in their practice. They think that it's difficult to keep the apprentice's money, so they don't ask about it. As a result, it became popular for smokers to learn from each other
in other words, Xuanzong is Daoguang. For those who are sentenced to death, they are specifically classified as "smoking criminals". They can't bear to be executed, and local officials don't handle such cases. So, how far can they slack off
from 1842 to 1859, there were 173 memorials of "drug-related" cases, including 97 cases of opium smoking, 49 cases of opium trafficking, only 11 cases of opium poppy planting, and 16 comprehensive drug cases. Among them, there was one case of multiple reports. In fact, only 94 cases were discussed See the dilemma of banning smoking ring the two Opium Wars, written by Wang Hongbin, published in the first issue of historical research, 2013)
there are 5 "drug-related cases" in an average year, do you believe it
At this point, let's take a look at Emperor Daoguang and Lin Zexu, who finally embarked on the road of no smoking. The evaluation of American Sinologist Max in the history of foreign relations of the Chinese empire is very appropriate:his motive is pure, there is no doubt about his sincerity, but his task is hopeless. With the application of the emperor's power, the arbitrary application of severe punishment and laws, and the adoption of a repressive policy, tacit injunction can be temporarily obtained in some areas, as long as the suppression does not stop, and a loyal and enthusiastic official can be found in those areas to carry out the order
in other words, in the face of such a system and such officials, too high moral expectations are useless. If the whole bureaucratic system is really allowed to complete the "impossible" task, the only result that can be achieved will be inaction from the top to the bottom. After all, the loyal and enthusiastic Lin Zexu is one of the few
note: readers who have read currency war know that the editor has exposed a "conspiracy theory" in it, which insists that international bankers not only manipulate politics and create wars, but also frequently create financial crises The editor of "currency war" almost adopts the technique of detective stories, plus a lot of unofficial anecdotes, which vaguely outlines the financial politics in the past 200 years. Therefore, the author of "currency war" can not see the improvement of finance to the life of ordinary people, nor can he see the contribution and significance of finance to the birth of democracy and freedom<
Song Hongbing: the new democratic system has a major loophole in the judgment and defense of the main strategic direction of "international bankers control the whole country by controlling the right to issue currency". The design and establishment of the democratic system is almost devoted to preventing the threat of feudal autocratic forces, and has achieved considerable results in this regard. However, the democratic system itself has no reliable immunity to the new and fatal virus of money and power
Chen Zhiwu: a heavily indebted government is a government whose power is difficult to expand, because after being in debt, on the one hand, the government has to face the bond market, on the other hand, it has to face taxes and taxpayers. Perhaps debt, bond market, taxation and taxpayers are all the bricks of democratic constitutionalism. It seems that finance can not only help a country to share the temporary payment pressure, but also promote the sound development of the system< Second, is China's financial opening "the way to chaos" or is it imperative
Press: Professor Chen Zhiwu believes that China's financial freedom and opening-up is urgent. If China wants to achieve innovation and learn to resist financial risks, it can only try first The editor of currency war thinks that it is necessary to establish a complete supervision mechanism. Since ancient times, China has pursued the doctrine of the mean. But as Professor Chen said, you can't learn to swim in a room. If you can never learn, will China's finance always be closed to the outside world
Song Hongbing: the strategic risk of financial opening is far from that of financial enterprises themselves. It covers all aspects of the whole Chinese society, and the consequences are unimaginable if there is a slight mistake. For China, financial security is an area far more in need of close supervision than strategic nuclear weapons. Before a strong financial security supervision mechanism is set up, it is the way to get rid of chaos to open up rashly
Chen Zhiwu: in the United States, financial innovation can be said to be completely liberalized. If something goes wrong, you can be completely free. China, on the other hand, can't innovate without government approval. We must know that supervision is reactive in nature and is aimed at things that are already familiar with. But innovation, as the name suggests, does not exist before and creates things that are not familiar with before. Therefore, in essence, innovation should not be supervised, otherwise there will be logical contradictions. If China wants to become an innovative country, if the financial innovation is not significant, then other instries can not achieve innovation. Chinese style supervision can not improve the ability to resist risks. For example, if a person is shut up in a room and is not allowed to learn to swim, he certainly does not have to worry about being choked by the water, but he also can't learn to swim. The next time he falls into the water, he will drown< (3) does the subprime crisis mean that Americans' overdraft capacity for the future has been exhausted
note: as for the subprime mortgage crisis, the editors of currency war have made a detailed analysis, and many of them are not unreasonable. However, there are some problems in the orientation of currency war. The editors of Song Dynasty can't really realize the importance of developing finance for deepening the Chinese market. Let's take a look at what Professor Chen Zhiwu said<
Song Hongbing: the law of Wall Street's financial innovation is that if the banker wins, he will get an astronomical bonus, and if he loses, the taxpayer and foreigners will pay for it. No matter win or lose, in the process of "financial innovation", the huge amount of debt money and inflation created by the debt repeatedly, circularly and highly mortgaged by the banking system are quietly redistributing the wealth created by people all over the world. No wonder the polarization between the rich and the poor in this world will become more and more serious, and no wonder the world will become more and more disharmonious
this is the law of economic development driven by debt money: debt creates money, money stimulates greed, greed for home debt, debt implosion, implosion leads to deflation, and deflation leads to recession< Chen Zhiwu: like all previous financial crises in the United States, this crisis will not change the economic model of the United States, and no one wants to end the status of the financial securities instry in the U.S. economy. The challenge is still how to improve it. If "borrowing and consumption" is too much, it is a matter of quantity and belongs to the category of improvement. More precisely, it is how to find a new institutional arrangement to rece the moral hazard brought by the multi link principal-agent relationship chain, so that the traders in each link can be diligent and responsible, and ensure that "they are also distressed to spend other people's money"
without the development of finance, there will be no financial crisis. As long as it develops, it will inevitably encounter problems from time to time. Today, China does not have the various mortgage-backed securities, so there is no financial crisis, while the United States often has these financial crises, which does not mean that China's financial underdevelopment is correct and more beneficial to Chinese society. If China or any other country restricts financial innovation and excessively strengthens financial regulation from then on, it will be as wrong as giving up for choking. Only by further encouraging spontaneous financial innovation and opening up the financial market, can China's financial market deepen< 4. After the financial crisis, does the pattern of "living beyond our means" need to end
Press: anyone who deeply understands and has participated in the modern society can find the benefits of modern finance and understand the convenience that borrowing and consumption bring to our lives. However, song editors still stay in the framework of investment driven mode, so they use the old Chinese saying "living beyond our means" to satirize the borrowing and consumption. Professor Chen Zhiwu pointed out that "financial securities can improve the overall level of happiness of our whole life, and then improve the welfare of the whole society". In fact, in the book the logic of finance, Professor Chen also said that after the financial crisis, the consumption driven mode will not change<
Song Hongbing: the more money people borrow, the more money they have to borrow. Debt and currency are locked together. The logical inevitable result is that debt will always increase until its debt currency is completely abandoned or its interest is heavily negative pressure across its own economic development, leading to the final collapse of the whole system. Debt, debt, debt. The yuan is rapidly sliding into the abyss of debt currency. The monetization of debt is one of the most serious potential unstable factors in modern economy. It is to meet the needs of the present by overdraft in the future. There is an old Chinese saying, "eat more than you earn", which means exactly that
Chen Zhiwu: I just want to explain that with or without the development of the financial market, the final decision is whether it is when you can spend money most and want to spend money most, but when you have the least money, and when you get the least utility through spending money, it is when you have the most money. This is the effect of housing mortgage loan, as well as the development of many other financial securities, which can help us make better arrangements for the income flow in different periods of our life, so that we will not have no money to spend when we can and need to spend money most, and we will have a lot of money when we are old and don't want to spend money and don't need to spend money. The advantage of the development of financial securities is to help us level our consumption level for a lifetime, so that we will not starve to death or have too much money to spend. Financial securities can improve the overall level of happiness of our whole life, and then improve the welfare of the whole society< 5. Does gold and silver currency mean "actual possession"? Is gold and silver really the "dinghaishen needle"
note: the editor of currency war is a big fan of gold currency. He wholeheartedly advocates the restoration of the "gold standard", and suggests that China should change "storing foreign exchange for the people" to "storing gold for the people" (P277), sell US dollars to buy gold and silver, link RMB to gold and silver, and implement the gold silver standard. As a result, some netizens suspected that the editor of Song Dynasty might be the spokesperson of gold mine manufacturers. Song editor's comments once again made him a layman in finance. It happens that Professor Chen Zhiwu has an article called "the rise of the West depends on the system rather than plunder", which criticizes this. Professor Chen's interpretation of the rise of the West from the perspective of system is a profound slap in the face to many people who still believe in gold and silver
Song Hongbing: gold is recognized by the world as the ultimate form of wealth. This kind of deep-rooted consciousness can not be solved by Keynes and other people's light "gold is the remains of barbarism". The inevitable connection between gold and wealth has long been the logic of people's life In essence, gold is the only, highly sensitive and historically negative "political metal". If we do not properly handle the gold issue, it will set off a financial storm in the world As money, gold and silver are the procts of natural evolution, the procts of real market economy, and the honest money trusted by human beings
Chen Zhiwu: as a metal, silver itself does not have much instrial value. But it is precisely because many countries use silver as currency in different periods, so it is especially worth "money". The reason why silver is used as "money" is that there is no system to support the credit of bills. In other words, as long as there is a system to facilitate the trading of financial bills, the value of gold and silver as "money" will be lost. This is why with the rise of modern political and legal system, the value of gold and silver as "money" is getting lower and lower
therefore, whether a country has "money" depends on whether it can securitize various future income streams and "dead" wealth, not on how much gold and silver it has. And whether it can carry out extensive securitization and bill transaction is subject to its system. Therefore, the quality of the system determines the amount of money in a country.
1. The property law stipulates the ownership of buildings, the ownership of roads and related sites, sites and places within the building area, and the principles for determining them.
1 Proprietary parts such as commercial housing shall enjoy ownership, and common parts other than proprietary parts shall enjoy the right of joint ownership and management. " Thus, the ownership of buildings and the basic connotation of condominium ownership are determined in the form of basic law for the first time<
2. The common ownership of relevant places and facilities outside the buildings and the rules for determining the ownership of planned parking spaces and garages
the roads within the building zoning belong to the owners, except those belonging to urban public roads
the green space in the building area belongs to the owners, except for the urban public green space or the indivial
other public places, public facilities and property service houses in the building area belong to the owners
in this way, in principle, it is determined that the rights in the building area, except for the exclusive rights of indivials and the rights owned by the state, are owned by the owners in principle
however, the property law does not directly stipulate the ownership of the planned garages and parking spaces, but only stipulates the principles and rules of ownership: "within the building area, the parking spaces and parking spaces planned for parking cars should first meet the needs of the owners."“ Within a building area, the ownership of the parking spaces and garages planned for parking cars shall be agreed by the parties concerned by means of sale, gift or rent. " The property law clearly stipulates that "the parking spaces used for parking cars on the roads or other sites shared by the owners belong to the owners."
the above regulations will certainly bring about some changes in the property management system. According to Article 70 of the property law, the boundary of condominium ownership is a single building. The property law uses a new concept of "building zoning". Although there is no detailed explanation for this concept, this expression is completely different from the concept of "property management area" used in the "property management regulations", let alone the concept of "planning area to distinguish ownership". In this way, the system of owners' Congress in the future may be set up as a single building; If according to the meaning of the property law, buildings exercise their rights and perform their obligations according to the system of condominium ownership; For the common sites, places and facilities outside the buildings within the building zoning, the rights and obligations shall be performed in accordance with the common system. Of course, how to implement it needs specific legal interpretation< Article 76 of the property law stipulates that major matters concerning the management and use of buildings and ancillary facilities shall be jointly decided by the owners. The decision to raise and use maintenance funds for buildings and their ancillary facilities, as well as to rebuild or rebuild buildings and their ancillary facilities, shall be approved by the owners whose exclusive parts account for more than two-thirds of the total area of the buildings and more than two-thirds of the total number of people, and other matters shall be approved by the owners whose exclusive parts account for more than half of the total area of the buildings and more than half of the total number of people
joint decision is a common act, which is different from unilateral act (such as will) and Agreement Act (such as contract). Joint decision refers to the behavior that two or more actors make the expression of will in parallel and proce legal effect when the consistent expression of will reaches a certain proportion. Joint decisions can be made through consultation, consultation and voting at meetings. How to exercise the right of joint decision? The property law does not make any restrictive provisions. The property law only stipulates with selective norms that "the owners can set up the owners' Congress and elect the owners' committee." At the same time, it stipulates that the relevant departments of the local people's government should give guidance and assistance to the establishment of the owners' Congress and the election of the owners' committee
the establishment of the joint decision right of the property law facilitates the exercise of the joint management right of the owners, and will be concive to the protection of the rights of the owners. At the same time, the operation stability of the property management enterprises has been greatly challenged< Article 81 of the property law clearly stipulates that "the owner can manage the building and its ancillary facilities on his own, or entrust the property service enterprise or other managers to manage them." In this way, the property law gives the owners the right to choose the way of property management, and determines the dominant position of the owners in property management activities, that is, the owners can choose their own management, property management enterprise management or other ways of management. Accordingly,
because of the determination of the option of property management mode, the identification of legal relations such as "factual service" and "management without cause" in the past judicial practice will no longer be reasonable, and the property management enterprises will be in a disadvantageous position in the settlement of disputes between property management enterprises and owners< Article 82 of the property law stipulates that "the property service enterprise or other managers shall manage the buildings and their ancillary facilities within the building area according to the entrustment of the owners, and accept the supervision of the owners."“ The owners have the right to replace the property service enterprises or other managers employed by the construction units according to law. " In this way, the property law clearly stipulates the owner's right to choose the property manager and the relevant replacement right, that is, the right to dismiss. According to Article 2 of the property law, "property right" in this Law means that the obligee has the right to directly control and exclude the specific property in accordance with the law. "The owners' choice of property management methods and the selection and dismissal of property management enterprises are no longer interfered by others
with the implementation of the property law, it may be a climax for owners to replace property management enterprises. Property management enterprises should be prepared early, and more importantly, improve services to win the trust of owners< Article 83 of the property law stipulates: "the owner shall abide by the laws, regulations and management regulations."“ The owners' Congress and the owners' committee shall, in accordance with the laws, regulations and management regulations, have the right to require the doers to stop the infringement, eliminate the danger, remove the obstruction and compensate for the losses caused by such acts as arbitrarily mping garbage, discharging pollutants or noise, raising animals in violation of regulations, illegally building, occupying the passageway and refusing to pay the property fee. An owner may bring a lawsuit to the people's court in accordance with the law for any act infringing upon his own legitimate rights and interests. "
this article confirms that if the owner violates the laws, regulations and management regulations, the infringed owner has the right to demand judicial relief through the litigation period, and the owners' Congress and the owners' committee can ask the actor to stop the infringement and eliminate the impact. The provisions of the property law exclude the property management enterprise's right of action against the infringing owners. This regulation, to a certain extent, reces the responsibility of property management enterprises, but at the same time, a lot of management work of property management enterprises must rely on the support of owners' Congress and owners' committee, otherwise the work of property management enterprises is difficult to carry out. Therefore, the property management enterprises should actively support the establishment of owners' meeting and establish a good relationship with the owners' committee in order to maintain the normal business activities
the basic function of property law is to divide and stop disputes, and to rece disputes caused by unclear ownership by determining the ownership of things. Now, the property management disputes are complicated, but the root lies in the unclear ownership. The promulgation of the property law plays a fundamental role in the property management. The property law determines the ownership of buildings and related places, facilities and property management houses in the building area, and stipulates the rights of owners and the way to exercise their rights, which provides a legal basis for the improvement of the property management system
property law determines the dominant position of owners in property management activities, which may lead to the reconstruction of property management system. The right boundary of property management will be further clear, and the interest pattern of property management will change. Property management enterprises should pay enough attention to it. Property management enterprises should adjust their strategies and service ideas, and win the trust of owners by improving management and service quality.
as far as indivials are concerned, where a person gets money and how to spend it, the way to spend money is to choose consumption, investment, financial management, insurance or savings. This is the most basic problem of cash flow in finance. To present it in a table is a simple financial "cash flow statement"
for another example, a family's total income includes wages, labor services, transfer of assets, etc., and its expenditure includes daily life, oil, salt, rice vinegar, ecation and training, movie, music and entertainment consumption, etc. take a monthly or annual overall calculation to see the total income of the family ring this period minus the total expenditure, and the rest is the family's net income, or the family profit ring this period, To present it in a table is a simple financial income statement (or income statement)
if you can think about the impact of this event on money, whether it's a business that makes money or loses money when making activity decisions, Congratulations, you have already embarked on the broad road of "financial thinking". In fact, it's as simple as this: think about whether to earn or lose everything, how much money to spend, how much gold to receive, and how much money to keep in the end. This is the most basic way to cultivate financial thinking
what is financial thinking
when many people hear the word "finance", they will start to think about it immediately. They say that finance is all the professional terms of accounting, finance and tax law and a large number of figures. They say that "cutting constantly, managing disorderly", and simple contact will make people annoyed
in fact, in addition to the boring and monotonous number itself, it is also related to the fact that we financial practitioners prefer "Neixiu". Most of the financial practitioners are similar to me. They are not good at communication and can't express their own views and ideas. For a long time, this has resulted in an intuitive view of our financial practitioners from the outside world - ll. In fact, we are all Neixiu (otaku men, otaku women), the fashionable point is "sulao". Hehe, I offended my colleagues
the simple explanation of financial thinking is that indivials or organizations take profit and loss, cash flow and other factors into account when making decisions, which means having financial thinking. As for whether the above factors are comprehensive and reasonable, it is the problem of self-cultivation and Cultivation in the later stage, not the problem of thinking
whether it's opening up new markets or acquiring new companies, decision makers always think about how much money they can make with this order. With this idea, when purchasing enterprises or developing new markets, we must update the enterprise's valuation and income statement every day. We should also be very careful when valuing the cost, income, net assets and other items, so as to avoid spending money wrongly
Finance is not only limited to historical data, but also pays great attention to future development. Finance covers a relatively wide range: accounting, taxation, financing, budget, planning, internal control and statistics, etc. If finance is only defined or limited to the bookkeeping scope of the former accountant, the financial department of the unit will lose most of its functions; This is equivalent to the enterprise hired a famous Russian Hercules, but just let him sit in the reception room to see the door, at the same time also dislike his salary
Japanese senior accountant Takahashi Abe once mentioned in his book "everyone should have financial thinking": business will never be smooth. If we can't detect the accompanying risks and learn from mistakes, we can't continue or develop. At this time, if we use financial thinking, there will be different results. It is very helpful to think and consider an enterprise with financial thinking. The financial statement is the report card of the operator for a period of time, and also the mirror reflecting the current situation of the company. Just like the physical examination, you may not notice that there is a problem, but when there is an "abnormal value" in the physical examination, it is necessary to pay attention to it
analysis of financial concepts
1. "Profit" ≠ "making money"
the development of an enterprise is to make money, but whether it really makes money only depends on profit is not good, more importantly, on cash flow. Suppose you have a house of 800000 at the time of purchase and 1.5 million at the time of sale. It is agreed that the buyer will pay half a year later. Now the problem is: the profit from the sale of real estate is 700000 yuan (150-80 yuan), but the current cash inflow is zero. The surface is very good, but if you need 1.5 million cash urgently e to unexpected reasons, no cash will lead to personal bankruptcy. At this time, you will see the trap under the surface of the problem. Cash is king, and it's more important in a recession. If you only look at the book figures and make a lot of profits, it is obviously just staying in accounting thinking. We must jump out of the figures and carefully analyze the cash flow, so that we can have a relatively accurate judgment. Enterprise death is often not because of less profits, but because there is no cash, unable to move, leading to instant death. We should consider both profit and cash flow, which is the real "financial thinking"
2, "assets" ≠ "wealth"
the conventional concept of judging the size of a person's or an enterprise's assets is to look at the size of the total assets in its financial statements, but just having more total assets does not necessarily create more wealth. If there are a large number of useless and invalid assets in the total assets, it is not only wealth, but also liabilities, Because you may have to pay for maintenance to maintain them. Therefore, we must clarify the concept that assets are not equal to wealth
we always think that if we have more assets, we will create more wealth. In fact, the most valuable thing for a company is its ability to generate revenue, because in the final analysis, all the company's assets are sunk costs, and the cost depends on whether customers are willing to pay for them. Therefore, wealth actually depends on the ability of assets to turn into income
3. "Control cost" ≠ "cut expenses across the board"
if the sales are not as expected or the funds in the enterprise are tight, the enterprise will first think of controlling and cutting costs and expenses. When it comes to cutting costs, it is the activity rection strategy that comes to mind immediately“ It is a very common case that the Department can cut its expenditure by 10% because of the suspension of the originally planned activities. If the same activity can be completed at a low price by other methods, it's OK. If it can't be solved by other methods, the turnover will become lower and lower as the activity shrinks. Obviously, cost and expense control can not be carried out in a "one size fits all" mode. It is necessary to carry out classified analysis and classified inspection one by one according to subjects, projects and contents, so as to see if there is room for improvement and to carry out classified control and rection
for example, the expenses directly related to turnover, such as advertising expenses or promotion expenses, should not be simply cut across the board. It is better to review the past practices from the beginning, then compare and analyze the results after cutting various expenses, and comprehensively change the practices. If we use the method of "cutting with one knife by 30%" to implement cost air traffic control, we will also cut down the really necessary funds
the most effective way of cost control and rection is to "spend more money to put forward more profitable planning scheme". In his book "constantly winning operation", Narita Harada, President of McDonald's holding company in Japan, once said: "cost rection is to" spend more money to put forward more profitable planning scheme ". The more dangerous the business is, the more we need to discuss spending more money on investment. Otherwise, it will be impossible to revive in the future. " Don't be constrained by the thought of using money all the time. To think about a new way to use money to increase turnover, it is necessary to think about it thoroughly and implement it carefully
4. What is cost
what is the concept of cost? The concept of cost is divided into the concept of traditional accounting and the concept of economics. We should not only learn to distinguish, but also learn to use which concept to solve problems in what occasions. In the traditional accounting category, it is defined as: (1) the economic value of procing and selling a certain kind and quantity of procts in order to consume resources in money 2) The economic value paid to obtain material resources 3) The value sacrifice of resources paid or should be paid to achieve a certain purpose can be measured in monetary units. The concept of cost in traditional accounting is easy to understand, and it is also the cost content that we all talk about in our daily life. However, the concept and content of cost in traditional accounting are often misleading when making decisions for financial management. Why do we say that? Let's first look at the concept of cost in economics
the concept of cost in Economics: the greatest cost of abandoning other purposes in order to achieve one purpose. It is basically consistent with the concept of opportunity cost in financial management, and it is often used in financial decision-making. Each of us, especially the financial practitioners, must learn to distinguish and skillfully use these two concepts
in short, cost is the biggest cost of giving up. For a resource, it has several options. The cost of the selected option is the one with the highest value among all the failed options
be a financial person with a strategic overall view
at present, the financial person who only pays attention to historical figures will be eliminated. Why do you say that? If you don't understand the development of the instry and the market situation of the company's business, how can you make accurate and objective financial statements. To say the least, even if the figures in the report are correct, what is the significance for the development of the enterprise? The overall strategic view of financial personnel comes from the understanding of the instry and the company's business
with a strategic view of the overall situation, you can get rid of the limitations of numbers and focus on something more valuable, so as to ensure that your financial decisions are beneficial to the development of the whole company.