???? In August, 2014, the 10th meeting of the 12th the National People’s Congress Standing Committee (NPCSC) reviewed the People’s Republic of China (PRC) Advertising Law (Revised Draft) for the first time. From August 31st to September 30th, 2014, the revised draft was published on the website of China People’s Congress for public comments. After that, according to the opinions of the members of the National People’s Congress Standing Committee (NPCSC) and various parties, the revised draft was revised, and the People’s Republic of China (PRC) Advertising Law (the second review draft of the revised draft) was formed. In December 2014, the second review draft of the revised draft was reviewed at the 12th meeting of the 12th the National People’s Congress Standing Committee (NPCSC). The Advertising Law of People’s Republic of China (PRC) (the second draft of the revised draft) is now published on China People’s Congress website. The public can directly log in to China People’s Congress website () to put forward their opinions, or send their opinions to the National People’s Congress Standing Committee (NPCSC) Legal Affairs Committee (No.1 Qianmen West Street, Xicheng District, Beijing, 100805). Please indicate the second review draft of the revised advertising law on the envelope for comments). Deadline for comments: January 19, 2015.

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????People’s Republic of China (PRC) Advertising Law (Revised Draft) (Second Review Draft)

????Catalogue

????Chapter I General Principles

??? Chapter II Criteria for Advertising Content

??? Chapter III Advertising Code of Conduct

??? Chapter IV Supervision and Administration

??? Chapter V Legal Liability

??? Chapter VI Supplementary Provisions

Chapter I General Principles

????Article 1 This Law is formulated for the purpose of regulating advertising activities, protecting the legitimate rights and interests of consumers, promoting the healthy development of the advertising industry and maintaining social and economic order.

????Article 2 This Law is applicable to commercial advertising activities in People’s Republic of China (PRC) where commodity operators or service providers directly or indirectly introduce the commodities or services they promote through certain media and forms.

????Advertisers mentioned in this Law refer to natural persons, legal persons or other organizations that design, produce and publish advertisements by themselves or by entrusting others for the purpose of promoting goods or services.

????Advertising agents mentioned in this Law refer to natural persons, legal persons or other organizations entrusted to provide advertising design, production and agency services.

????Advertisers mentioned in this Law refer to natural persons, legal persons or other organizations that publish advertisements for advertisers or advertising agents entrusted by advertisers.

????Advertising spokespersons referred to in this Law refer to natural persons, legal persons or other organizations other than advertisers who recommend and certify goods and services in their own names or images in advertisements.

????Article 3 Advertisements should be truthful and lawful, and express their contents in a healthy way, which meets the requirements of building socialist spiritual civilization and promoting the excellent traditional culture of the Chinese nation.

????Article 4 Advertisements shall not contain false contents, and shall not deceive or mislead consumers.

????Advertisers should be responsible for the authenticity of advertising content.

????Article 5 Advertisers, advertising agents and publishers shall abide by laws and regulations, be honest and trustworthy, and compete fairly when engaging in advertising activities.

????Article 6 The administrative department for industry and commerce in the State Council shall be in charge of the supervision and administration of national advertisements, and the relevant departments in the State Council shall be responsible for the relevant work of advertising management within their respective functions and duties.

????The local administrative departments for industry and commerce at or above the county level shall be in charge of the supervision and administration of advertisements in their respective administrative areas, and the relevant departments of the local people’s governments at or above the county level shall be responsible for the relevant work of advertising management within their respective functions and duties.

????Article 7 Advertising industry organizations shall, in accordance with the provisions of laws, regulations and articles of association, formulate industry norms, strengthen industry self-discipline, promote industry development, guide members to engage in advertising activities according to law, and promote the integrity construction of the advertising industry.

Chapter II Criteria for Advertising Content

????Article 8 Advertisements that indicate the performance, function, origin, use, quality, composition, price, producer, expiration date, promise, etc. of commodities or the content, provider, form, quality, price, promise, etc. of services shall be clear and clear.

????If it is indicated in the advertisement that the promoted goods or services are accompanied by gifts, the variety, specifications, quantity, validity period and method of the gifts shall be clearly stated.

????The contents that should be clearly stated in advertisements as stipulated by laws and administrative regulations should be clearly and clearly expressed.

????Article 9 An advertisement shall not be under any of the following circumstances:

????(a) the use or disguised use of People’s Republic of China (PRC)’s national flag, national emblem, national anthem, military flag, military emblem and military song;

????(2) using or using in disguised form the name or image of a state organ or a functionary of a state organ;

????(3) using terms such as "national level", "highest level" and "best";

????(4) damaging the dignity or interests of the state and revealing state secrets;

????(5) Obstructing social stability and harming social public interests;

????(6) endangering personal and property safety and revealing personal privacy;

????(7) Obstructing public order or violating good social customs;

????(8) Content containing obscenity, pornography, gambling, superstition, terror and violence;

????(9) Content that contains ethnic, racial, religious and gender discrimination;

????(ten) hinder the protection of the environment, natural resources or cultural heritage;

????(eleven) other circumstances prohibited by laws and administrative regulations.

????Article 10 Advertisements shall not harm the physical and mental health of minors and disabled persons.

????Article 11 Where an administrative license is required for the matters involved in an advertisement, it shall be consistent with the contents of the license.

????Advertisements using data, statistics, survey results, abstracts, quotations and other citations shall be true and accurate, and the source shall be indicated. If the cited content has the scope of application and the validity period, it shall be clearly stated.

????Article 12 Where an advertisement involves a patented product or patented method, the patent number and patent type shall be indicated.

????Those who have not obtained the patent right shall not falsely claim to have obtained the patent right in the advertisement.

????It is forbidden to use patent applications that have not been granted patent rights and patents that have been terminated, revoked or invalid for advertising.

????Article 13 Advertisements shall not belittle the goods or services of other producers or operators.

????Article 14 An advertisement should be identifiable so that consumers can identify it as an advertisement.

????The mass media shall not publish advertisements in the form of news reports. Advertisements published through the mass media should be clearly marked with "advertisement", which is different from other non-advertising information and must not mislead consumers.

????Broadcasting stations and television stations shall abide by the provisions of relevant departments of the State Council on the length and manner of advertisements, and shall make obvious hints on the length of advertisements.

????Fifteenth narcotic drugs, psychotropic drugs, toxic drugs for medical use, radioactive drugs and other special drugs, pharmaceutical precursor chemicals, as well as drugs, medical devices and treatment methods for drug rehabilitation, shall not be advertised.

????Prescription drugs other than those specified in the preceding paragraph can only be introduced in medical and pharmaceutical professional journals jointly designated by the health administrative department of the State Council and the drug supervision and administration department of the State Council.

????Article 16 Drugs, health foods, medical devices and medical advertisements shall not contain the following contents:

????(1) Assertions or guarantees indicating efficacy and safety;

????(2) Explain the cure rate or effective rate;

????(3) Compared with other drugs, health foods and medical devices in efficacy and safety or other medical institutions;

????(4) Using the names or images of medical research institutions, academic institutions, medical institutions, trade associations, professionals, patients or other advertising spokespersons for recommendation and certification;

????(5) Other contents prohibited by laws and administrative regulations.

????Prescription drug advertisements should be clearly marked "This advertisement is only for medical and pharmaceutical professionals to read", and non-prescription drug advertisements should be clearly marked "Please purchase and use according to the drug instructions or under the guidance of pharmacists".

????Advertisements for medical devices recommended for personal use should be clearly marked with "Please read the product manual carefully or purchase and use under the guidance of medical personnel". If there are taboo contents and precautions in the registration certificate of medical device products, the advertisement shall clearly indicate that "see the instructions for details of taboo contents or precautions".

????Seventeenth pesticides, veterinary drugs, feed and feed additives advertisements shall not contain the following contents:

????(1) Assertions or guarantees indicating efficacy and safety;

????(two) using the name or image of scientific research institutions, academic institutions, technology promotion institutions, trade associations or professionals and users to make recommendations and certificates;

????(3) Explain the efficiency;

????(four) words, language or pictures that violate the rules for safe use;

????(5) Other contents prohibited by laws and administrative regulations.

????Eighteenth prohibit the use of radio, film, television, newspapers, periodicals, books, audio-visual products, electronic publications, mobile communication networks, the Internet and other mass media and forms to publish or publish tobacco advertisements in disguise.

????It is forbidden to set up tobacco advertisements in public places, building control zones of hospitals and schools, and public transport. It is forbidden to set up outdoor tobacco advertisements and window tobacco advertisements.

????The notice of relocation, renaming and recruitment issued by the producer or operator of tobacco products shall not contain the name, trademark, packaging, decoration and similar contents of tobacco products.

????Advertisements and public service advertisements for other commodities or services shall not contain the names, trademarks, packaging, decoration and similar contents of tobacco products.

????In addition to the provisions of the first and second paragraphs of this article, the publication of tobacco advertisements shall be approved by the administrative department for industry and commerce of the State Council and meet the following requirements:

????(a) no smoking image;

????(2) Do not induce or encourage smoking;

????(3) It is forbidden to express or imply that smoking is beneficial to human health, relieving fatigue and relieving mental stress;

????(four) shall not use low tar content, low harm and other terms;

????(5) Advertisements should clearly indicate that "smoking is harmful to health".

????Nineteenth alcohol advertisements shall not contain the following contents:

????(1) Inducing, encouraging or promoting excessive drinking;

????(2) drinking alcohol;

????(three) the performance of driving a car, boat, plane and other activities;

????(four) express or implied drinking can eliminate tension and anxiety, increase physical strength and other effects.

????Twentieth education and training advertisements shall not contain the following contents:

????(a) to enter a higher school, pass the examination, obtain a degree or certificate of qualification, or make an express or implied guarantee commitment to the effect of education and training;

????(two) express or implied that the relevant examination institutions or their staff and examination proposition personnel participate in education and training;

????(3) Using the names or images of scientific research institutions, academic institutions, trade associations, professionals and beneficiaries for recommendation and certification.

????Article 21 Advertisements for commodities or services with expected return on investment, such as investment promotion, shall have reasonable tips or warnings on possible risks and risk liability, and shall not contain the following contents:

????(a) to make a guarantee commitment to the future effect, income or related circumstances, express or implied capital preservation, risk-free or guaranteed income, unless otherwise stipulated by the state;

????(two) using the names or images of academic institutions, trade associations, professionals and beneficiaries for recommendation and certification.

????Twenty-second real estate advertising, housing information should be true, the area should be indicated as the construction area or interior construction area, and shall not contain the following contents:

????(1) Commitment of appreciation or return on investment;

????(two) the project location is expressed by the time required for the project to reach a specific reference object;

????(three) in violation of the relevant provisions of the state on price management;

????(4) misleading propaganda about transportation, commerce, cultural and educational facilities and other municipal conditions under planning or construction.

????Article 23 The advertisements for crop seeds, forest seeds, grass seeds, breeding livestock and poultry, aquatic fingerlings and breeding shall be true, clear and understandable in terms of variety name, production performance, growth or yield, quality, resistance, special use value, economic value, scope and conditions suitable for planting or breeding, and shall not contain the following contents:

????(1) Making an assertion that cannot be verified scientifically;

????(2) An assertion or guarantee indicating efficacy;

????(three) to analyze and predict the economic benefits or make a guarantee commitment;

????(four) using the names or images of scientific research institutions, academic institutions, technology popularization institutions, trade associations or professionals and users to make recommendations and certificates.

????Article 24 Except for drugs, medical devices and medical advertisements, it is forbidden to use any other advertisements that involve the function of disease treatment, and medical terms or terms that easily confuse the marketed goods with drugs and medical devices are not allowed.

????Article 25 An advertisement that deceives or misleads consumers with false or misleading contents constitutes a false advertisement.

????An advertisement is a false advertisement in any of the following circumstances:

????(1) The goods or services promoted do not exist;

????(2) Information such as the performance, function, origin, use, quality, specifications, ingredients, price, producer, expiration date, sales status and honors of the promoted goods, or information such as the content, form, quality, price, sales status and honors of the services, as well as promises related to the goods or services, are inconsistent with the actual situation and have a substantial impact on the purchase behavior;

????(3) using fictitious, forged or unverifiable scientific research achievements, statistical data, survey results, abstracts, quotations and other information as supporting materials;

????(4) Fictitiously using goods or receiving services.

Chapter III Advertising Code of Conduct

????Article 26 Radio stations, television stations, newspapers and periodicals publishing units engaged in advertising business shall set up institutions specializing in advertising business, be equipped with necessary personnel, have places and equipment suitable for advertising, and register advertising with local administrative departments for industry and commerce at or above the county level.

????Article 27 Advertisers, advertising agents and publishers shall conclude written contracts in advertising activities according to law.

????Article 28 Advertisers, advertising agents and publishers shall not engage in any form of unfair competition in advertising activities.

????Article 29 When an advertiser entrusts the design, production and publication of an advertisement, it shall entrust an advertising agent or publisher with legal business qualifications.

????Thirtieth advertisers or advertising agents who use the names or images of others in advertisements shall obtain their written consent in advance; Anyone who uses the name or image of a person without or with limited capacity for civil conduct shall obtain the written consent of his guardian in advance.

????Minors under the age of ten shall not be used as advertising spokespersons.

????Thirty-first advertising agents and publishers shall, in accordance with the relevant provisions of the state, establish and improve the registration, examination and file management system for advertising business.

????Advertising agents and publishers shall examine relevant certification documents and verify the contents of advertisements in accordance with laws and administrative regulations. For advertisements with false contents or incomplete supporting documents, advertising agents shall not provide design, production or agency services, and advertisement publishers shall not publish them.

????Thirty-second advertising agents and publishers shall publish their charging standards and charging methods.

????Article 33 The coverage, audience rating, click-through rate, circulation and other information provided by advertising publishers to advertisers and advertising operators shall be true.

????Article 34 No unit or individual may design, produce or publish advertisements for products or services whose production and sale are prohibited by laws and administrative regulations, or for goods or services whose advertising is prohibited.

????Article 35 An advertising spokesperson shall recommend and certify commodities and services in advertisements, and shall be in accordance with the facts and the provisions of this Law and relevant laws and administrative regulations, and shall not recommend or certify commodities or services that he has not used or accepted.

????Article 36 Advertising activities shall not be carried out in primary and secondary schools and kindergartens, and advertisements shall not be published or disguised by using textbooks, supplementary materials, exercise books, stationery, teaching AIDS, school uniforms and school buses for primary and secondary school students and children.

????Thirty-seventh advertisements for drugs, medical devices, medical treatment, online games, cosmetics, beauty, health food and alcohol shall not be published in the mass media aimed at minors.

????Advertisements for goods or services for minors under the age of fourteen shall not contain the following contents:

????(a) to persuade them to ask their parents to buy advertising goods or services;

????(two) may lead to its imitation of unsafe behavior.

????Thirty-eighth local people’s governments at or above the county level shall organize relevant departments to strengthen the supervision and management of the use of outdoor places, spaces, facilities, etc., and formulate plans for outdoor advertising.

????Measures for the administration of outdoor advertising shall be stipulated by local regulations and local government rules.

????Thirty-ninth in any of the following circumstances, outdoor advertising shall not be set up:

????(a) the use of traffic safety facilities, traffic signs;

????(2) Affecting the use of municipal public facilities, traffic safety facilities and traffic signs;

????(three) hinder the production or people’s life, damage the appearance of the city;

????(four) in the state organs, cultural relics protection units, scenic spots and other building control zones, or in areas where the local people’s governments at or above the county level prohibit the installation of outdoor advertisements.

????Article 40 No unit or individual may send advertisements to his residence, means of transport, fixed telephone, mobile phone or personal e-mail address without the consent or request of the party concerned, or if the party concerned expressly refuses.

????Article 41 The provisions of this Law shall apply to advertising activities through the Internet.

????Internet information service providers using the Internet to publish advertisements shall not affect users’ normal use of the network. Advertisements published in the form of pop-ups on Internet pages shall be marked with a closing sign to ensure one-click closing.

????Forty-second managers of public places, telecom operators and Internet information service providers shall stop them from using their places or information transmission and publishing platforms to send and publish illegal advertisements that they know or should know.

Chapter IV Supervision and Administration

????Article 43 Before the release of drugs, medical devices, pesticides, veterinary drugs, health food and medical advertisements, and other advertisements that should be examined according to laws and administrative regulations, the relevant departments (hereinafter referred to as the advertisement examination organs) shall examine the contents of advertisements in accordance with the relevant laws and administrative regulations; Without review, it shall not be published.

????Article 44 When applying for advertisement examination, advertisers shall submit relevant supporting documents to the advertisement examination organ in accordance with laws and administrative regulations.

????The advertising examination organ shall make an examination decision in accordance with laws and administrative regulations, and send the examination and approval documents to the administrative department for industry and commerce at the same level. The advertising examination organ shall promptly announce the approved advertisements to the public.

????Article 45 No unit or individual may forge, alter or transfer the approval documents for advertisement examination.

????Article 46 The administrative department for industry and commerce may exercise the following functions and powers when performing the duties of advertising supervision and management:

????(a) to conduct on-site inspection of places suspected of engaging in illegal advertising activities;

????(2) Asking the party suspected of violating the law or its legal representative, principal responsible person and other relevant personnel, and investigating the relevant units or individuals;

????(three) require the parties suspected of violating the law to provide relevant documents within a time limit;

????(4) consulting and copying contracts, bills, account books, advertising works and other relevant materials related to suspected illegal advertisements;

????(5) sealing up and detaining advertising articles, business tools, equipment and other property related to suspected illegal advertisements;

????(six) ordered to suspend the publication of suspected illegal advertisements that may cause serious consequences;

????(seven) other functions and powers as prescribed by laws and administrative regulations.

????The administrative department for industry and commerce shall establish and improve the advertising monitoring system, improve the monitoring measures, and timely discover and investigate and deal with illegal advertising activities according to law.

????Article 47 The administrative department for industry and commerce of the State Council shall, jointly with the relevant departments of the State Council, formulate a code of conduct for advertising through mass media.

????Article 48 When the administrative department for industry and commerce exercises its functions and powers in accordance with the provisions of this Law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct it.

????Article 49 The administrative department for industry and commerce, relevant departments and their staff have the obligation to keep confidential the business secrets they know in the advertising supervision and management activities.

????Article 50 Any unit or individual has the right to complain and report violations of this Law to the administrative department for industry and commerce and relevant departments. The administrative department for industry and commerce and the relevant departments shall publicly accept the telephone, mailbox or e-mail address of complaints and reports to the public, and the department receiving the complaints and reports shall, within seven working days from the date of receiving the complaints, handle them and inform the complaints and informants.

????If the administrative department for industry and commerce and relevant departments fail to perform their duties according to law, any unit or individual has the right to report to its superior organ or supervisory organ. The organ that receives the report shall deal with it according to law and inform the informant of the result in time.

????The relevant departments shall keep the complaints and informants confidential.

????Article 51 Consumer associations and other consumer organizations shall, in violation of the provisions of this Law, issue false advertisements that infringe upon the legitimate rights and interests of consumers and other acts that harm the public interests, and conduct social supervision according to law.

Chapter V Legal Liability

????Article 52 Whoever, in violation of the provisions of this Law, publishes false advertisements shall be ordered by the administrative department for industry and commerce to stop publishing advertisements, and the advertisers shall be ordered to eliminate the influence within the corresponding scope, and shall be fined between three times and five times the advertising expenses; if the advertising expenses cannot be calculated or are obviously low, a fine of between 200,000 yuan and 1 million yuan shall be imposed; If there are more than three illegal acts within two years or there are other serious circumstances, a fine of five times to ten times the advertising expenses shall be imposed. If the advertising expenses cannot be calculated or obviously low, a fine of one million yuan to two million yuan shall be imposed, the business license may be revoked, and the advertising examination authority shall revoke the approval document for advertising examination and refuse to accept its application for advertising examination within one year.

????If an advertising agent or publisher designs, produces or publishes an advertisement knowing or should know that it is false, the administrative department for industry and commerce shall confiscate the advertising expenses and impose a fine of not less than three times but not more than five times the advertising expenses. If the advertising expenses cannot be calculated or are obviously low, a fine of not less than 200,000 yuan but not more than 1 million yuan shall be imposed. If there are more than three illegal acts within two years or there are other serious circumstances, a fine of not less than five times but not more than ten times the advertising expenses shall be imposed. If the advertising expenses cannot be calculated or are obviously low, a fine of not less than one million yuan but not more than two million yuan shall be imposed, and the business license and the registration certificate for advertising release may be revoked.

????Advertisers, advertising agents and publishers who commit the acts specified in the preceding two paragraphs, which constitute a crime, shall be investigated for criminal responsibility according to law.

????Article 53 Advertisers who, in violation of the provisions of this Law, publish false advertisements to deceive and mislead consumers, thus damaging the legitimate rights and interests of consumers who purchase goods or receive services, shall bear civil liability according to law. If an advertising agent or publisher cannot provide the real name, address and effective contact information of the advertiser, the consumer may require the advertising agent or publisher to pay compensation in advance.

????If a false advertisement of a commodity or service related to consumers’ life and health causes damage to consumers, its advertising agents, publishers and spokespersons shall be jointly and severally liable with the advertisers.

????If false advertisements for goods or services other than those specified in the preceding paragraph cause damage to consumers, their advertising agents, publishers and spokespersons shall be jointly and severally liable with advertisers if they design, produce, publish or make recommendations or proofs while knowing or should know that the advertisements are false.

????Article 54 In case of any of the following acts, the administrative department for industry and commerce shall order the advertiser to stop publishing advertisements, and impose a fine of not less than 200,000 yuan but not more than 1 million yuan on the advertiser. The advertisement examination organ shall revoke the approval document for advertisement examination and refuse to accept its application for advertisement examination within one year. For advertisement publishers, the administrative department for industry and commerce shall confiscate the advertising expenses and impose a fine of not less than 200,000 yuan but not more than 1 million yuan:

????(1) Publishing advertisements under the circumstances prohibited by Articles 9 and 10 of this Law;

????(two) in violation of the provisions of article fifteenth of this law, advertising prescription drugs, medical equipment and treatment methods for drug treatment;

????(3) Publishing tobacco advertisements in violation of the provisions of Article 18 of this Law;

????(4) Publishing alcohol advertisements in violation of the provisions of Article 19 of this Law;

????(five) in violation of the provisions of article thirtieth of this law, using minors under the age of ten as advertising spokespersons;

????(six) in violation of the provisions of Article 34 of this law, using advertisements to promote products or services that are prohibited from being produced or sold, or to prohibit the publication of advertisements;

????(seven) in violation of the provisions of the first paragraph of Article 37 of this law, publishing advertisements for drugs, medical devices, medical treatment, online games, cosmetics, beauty, health food and alcohol in the mass media aimed at minors.

????Article 55 In case of any of the following acts, the administrative department for industry and commerce shall order it to stop advertising, and order advertisers to eliminate the influence within the corresponding scope, and impose a fine of more than one time but less than three times the advertising cost. If the advertising cost cannot be calculated or is obviously low, a fine of more than 100,000 yuan but less than 200,000 yuan shall be imposed; If the circumstances are serious, a fine of not less than three times but not more than five times shall be imposed. If the advertising expenses cannot be calculated or obviously low, a fine of not less than 200,000 yuan but not more than 1 million yuan shall be imposed, and the business license may be revoked, and the advertising examination organ shall revoke the approval document for advertising examination and refuse to accept its application for advertising examination within one year:

????(1) Publishing drugs, health foods, medical devices and medical advertisements in violation of the provisions of Article 16 of this Law;

????(2) publishing advertisements for pesticides, veterinary drugs, feeds and feed additives in violation of the provisions of Article 17 of this Law;

????(3) Publishing education and training advertisements in violation of the provisions of Article 20 of this Law;

????(four) in violation of the provisions of Article 21 of this law, publishing advertisements for commodities or services with expected return on investment, such as investment promotion;

????(5) Publishing real estate advertisements in violation of the provisions of Article 22 of this Law;

????(6) publishing advertisements for crop seeds, forest seeds, grass seeds, breeding livestock and poultry, aquatic fingerlings and breeding in violation of the provisions of Article 23 of this Law;

????(seven) in violation of the provisions of Article 24 of this law, involving the function of disease treatment in advertisements, and using medical terms or terms that easily confuse the promoted goods with drugs and medical devices;

????(eight) in violation of the provisions of Article 36 of this law, advertising in primary and secondary schools, kindergartens or using articles related to primary and secondary school students and children;

????(nine) in violation of the provisions of the second paragraph of Article 37 of this law, publishing advertisements for goods or services for minors under the age of 14;

????(ten) in violation of the provisions of article forty-third of this law, advertising without examination.

????If an advertising agent or publisher designs, produces or publishes while knowing or should know that there is an illegal act stipulated in the preceding paragraph, the administrative department for industry and commerce shall confiscate the advertising expenses and impose a fine of more than one time and less than three times the advertising expenses. If the advertising expenses cannot be calculated or are obviously low, a fine of more than 100,000 yuan and less than 200,000 yuan shall be imposed; If the circumstances are serious, a fine of not less than three times but not more than five times the advertising expenses shall be imposed. If the advertising expenses cannot be calculated or are obviously low, a fine of not less than 200,000 yuan but not more than 1 million yuan shall be imposed, and the business license and registration certificate for advertising release may be revoked.

????Article 56 In case of any of the following acts, the administrative department for industry and commerce shall order it to stop publishing advertisements and impose a fine of less than 100,000 yuan on advertisers:

????(1) The contents of advertisements violate the provisions of Article 8 of this Law;

????(2) The contents quoted in advertisements do not conform to the provisions of Article 11 of this Law;

????(3) Advertisements involving patents do not conform to the provisions of Article 12 of this Law;

????(4) In violation of the provisions of Article 13 of this Law, advertisements belittle the goods or services of other producers and operators.

????If an advertising agent or publisher designs, produces or publishes while knowing or should know that there is an illegal act stipulated in the preceding paragraph, the administrative department for industry and commerce shall impose a fine of not more than 100,000 yuan.

????If an advertisement violates the provisions of Article 14 of this Law and is not recognizable, the administrative department for industry and commerce shall impose a fine of not more than 100,000 yuan on the advertisement publisher.

????Article 57 If a radio station, television station or newspaper publishing unit, in violation of the provisions of Article 26 of this Law, engages in advertising business without going through the registration of advertising, the administrative department for industry and commerce shall order it to make corrections, confiscate its illegal income, and impose a fine of not less than one time but not more than three times its illegal income; If the illegal income is less than 10,000 yuan, a fine ranging from 5,000 yuan to 30,000 yuan shall be imposed.

????Article 58 Where an advertising agent or publisher violates the provisions of Article 31 of this Law and fails to establish and improve an advertising business management system in accordance with the relevant provisions of the State, the administrative department for industry and commerce shall order it to make corrections and may impose a fine of less than 50,000 yuan.

????In violation of the provisions of Article 32 of this Law, advertising agents and publishers have not announced their charging standards and methods, and the competent price department shall order them to make corrections and may impose a fine of less than 50,000 yuan.

????Article 59 Where an advertising spokesperson is under any of the following circumstances, the administrative department for industry and commerce shall confiscate the illegal income and impose a fine of more than one time but less than two times the illegal income:

????(a) in violation of the provisions of Article 16, paragraph 1, item 4 of this law, making recommendations and certificates for drugs, health food, medical devices and medical advertisements;

????(2) In violation of the provisions of Article 35 of this Law, recommending or certifying goods or services that have not been used by them;

????(3) recommending or proving commodities or services in advertisements while knowing or should know that the advertisements are false.

????Article 60 Whoever, in violation of the provisions of Article 40 of this Law, sends advertisements to houses, means of transport, fixed telephones, mobile phones or personal e-mails shall be investigated and dealt with by the relevant departments in accordance with the provisions of relevant laws and administrative regulations. Where there are no provisions in laws and administrative regulations, the administrative department for industry and commerce shall order it to stop the illegal act and impose a fine of not more than 10,000 yuan.

????Article 61 If, in violation of the provisions of Article 42 of this Law, managers of public places, telecom operators and Internet information service providers know or should know that advertising activities are illegal and will not be stopped, the administrative department for industry and commerce shall confiscate the illegal income. If the illegal income is more than 50,000 yuan, they shall be fined between one and three times the illegal income, and if the illegal income is less than 50,000 yuan, they shall also be fined between 10,000 yuan and 50,000 yuan. If the circumstances are serious, the relevant departments shall stop the relevant business according to law.

????Article 62 If anyone, in violation of the provisions of this Law, conceals the true situation or provides false materials to apply for advertisement examination, the advertisement examination organ shall not accept or disapprove it, give a warning and refuse to accept the applicant’s application for advertisement examination within one year; If the advertisement examination and approval is obtained by cheating, bribery or other improper means, the advertisement examination organ shall revoke it, impose a fine of not less than 100,000 yuan but not more than 200,000 yuan, and refuse to accept the applicant’s advertisement examination application within three years.

????Article 63 Anyone who, in violation of the provisions of this Law, forges, alters or transfers the approval documents for advertising examination shall be confiscated by the administrative department for industry and commerce, and shall be fined not less than 10,000 yuan but not more than 100,000 yuan.

????Article 64 Any illegal act stipulated in this Law shall be recorded in the credit file by the administrative department for industry and commerce and publicized in accordance with the provisions of relevant laws and administrative regulations.

????Article 65 Where a radio station, television station or newspaper publishing unit publishes illegal advertisements, or publishes advertisements in the form of news reports, the administrative department for industry and commerce shall not only punish them according to this law, but also the relevant departments shall punish the persons in charge who are responsible and the persons who are directly responsible according to law. If the circumstances are serious, the advertising business of the media may be suspended.

????Article 66 Advertisers, advertising agents and publishers who violate the provisions of this Law and commit any of the following torts shall bear civil liability according to law:

????(1) damaging the physical and mental health of minors or disabled people in advertisements;

????(two) counterfeiting the patent of others;

????(three) belittle the goods and services of other producers and operators;

????(4) Using another person’s name or image in advertisements without consent;

????(five) other violations of the legitimate civil rights and interests of others.

????Article 67 If the legal representative of a company or enterprise whose business license has been revoked due to publishing false advertisements or other illegal acts stipulated in this Law is personally liable for the illegal acts, he shall not serve as a director, supervisor or senior manager of the company or enterprise within three years from the date when the business license of the company or enterprise is revoked.

????Article 68 Whoever, in violation of the provisions of this Law, refuses or obstructs the supervision and inspection by the administrative department for industry and commerce, or commits other acts that violate the administration of public security, shall be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

????Article 69 If an advertising examination organ makes a decision to examine and approve illegal advertising content, the responsible person in charge and the person directly responsible shall be punished by the appointment and removal organ and the supervisory organ according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

????Article 70 If the administrative department for industry and commerce fails to investigate and deal with illegal advertising behaviors found in the performance of advertising monitoring duties or illegal advertising behaviors after complaints and reports, the responsible person in charge and the person directly responsible shall be punished according to law.

????The staff of the administrative department for industry and commerce and the relevant departments responsible for advertising management dereliction of duty, abuse of power, corruption, shall be punished according to law.

????Whoever commits the acts mentioned in the preceding two paragraphs and constitutes a crime shall be investigated for criminal responsibility according to law.

Chapter VI Supplementary Provisions

????Article 71 The state encourages and supports public service advertising activities, spreads socialist core values and advocates civilized fashion.

????The mass media have the obligation to publish public service advertisements. Newspapers, periodicals, radio stations and television stations shall publish public service advertisements in accordance with the prescribed layout, time slot and duration. Measures for the administration of public service advertisements shall be formulated by the administrative department for industry and commerce of the State Council jointly with relevant departments.

????Article 72 This Law shall come into force as of.

????

????Report of the Law Committee of the National People’s Congress on the Revision of the Advertising Law of People’s Republic of China (PRC) (Revised Draft)

????The tenth meeting of the Standing Committee conducted a preliminary review of the Advertising Law (revised draft). After the meeting, the Legislative Affairs Committee issued the revised draft to all provinces, autonomous regions, municipalities directly under the central government, relevant departments of the central government and some universities and research institutions for comments. The revised draft was published in the full text of China People’s Congress website to solicit public opinions. The Law Committee, the Financial and Economic Committee and the Legal Affairs Committee jointly held a forum to listen to the opinions of relevant central departments and some NPC deputies on the revised draft. The Law Committee and the Legal Affairs Committee also went to Anhui, Chongqing, Yunnan and other places to conduct research and listen to opinions; And exchange views with the Financial and Economic Committee, the Legislative Affairs Office of the State Council and the State Administration for Industry and Commerce on the relevant issues of the revised draft for joint study. The Law Committee held a meeting on December 2, and reviewed the revised draft item by item according to the deliberation opinions of the members of the Standing Committee and opinions from all sides. Responsible comrades of the Financial and Economic Committee, the State Administration for Industry and Commerce and relevant comrades of the Legislative Affairs Office of the State Council attended the meeting as nonvoting delegates. On December 15th, the Law Committee held a meeting and deliberated again. The revision of the main issues of the Advertising Law (Revised Draft) is now reported as follows:

????1. Article 2 of the revised draft stipulates that the term "advertisement" as mentioned in this Law refers to a commercial advertisement in which a commodity operator or service provider directly or indirectly introduces the commodities or services he sells through certain media and forms at the expense. Some members of the Standing Committee, localities and units have suggested that this article is actually about the scope of adjustment of this law, and the current writing is not rigorous enough; Some suggested deleting "bear the expenses". After research, the Law Committee proposed to amend it to read: This Law shall apply to commercial advertising activities in which commodity operators or service providers directly or indirectly introduce the commodities or services they promote through certain media and forms in People’s Republic of China (PRC). (Paragraph 1 of Article 2 of the second review draft of the revised draft)

????II. Article 10 of the revised draft lists the contents that shall not be included in advertisements. Some members of the Standing Committee and departments suggested that in order to safeguard the dignity of military symbols and avoid misleading consumers, the use of military flags, military emblems and military songs in advertisements should be prohibited. After research, the Law Committee suggested that People’s Republic of China (PRC)’s "military flag, military emblem and military song" should be added or used in disguised form in the contents that advertisements should not contain. (Item 1 of Article 9 of the second review draft of the revised draft)

????3. Article 17 of the revised draft stipulates that drugs, health foods, medical devices and medical advertisements shall not be recommended in the name of medical research institutions, academic institutions, medical institutions, trade associations or professionals or patients. Some members of the Standing Committee and localities suggested that the above four kinds of goods and services are related to consumers’ life, health and personal safety, and their efficacy varies from person to person. Not only scientific research institutions, professionals and patients should not be used for recommendation certificates, but also the names and images of any other advertising spokespersons should not be used for recommendation certificates. After research, the Law Committee suggested that this provision should be amended as follows: Drugs, health foods, medical devices and medical advertisements should not be recommended or certified by the names or images of medical research institutions, academic institutions, medical institutions, trade associations, professionals, patients or other advertising spokespersons. (Paragraph 1 of Article 16 of the second review draft of the revised draft)

????IV. Articles 20 and 21 of the revised draft further restrict the media, forms, places and contents of tobacco advertisements on the basis of the existing provisions. In the deliberation and soliciting opinions of the Standing Committee, there are two different opinions on tobacco advertising: one holds that tobacco advertising should be completely banned in order to protect people’s health and prevent teenagers from smoking; Another view is that the provisions of the revised draft have been repeatedly studied and demonstrated by relevant parties in the State Council and should not be completely banned. After studying, the Law Committee suggested that tobacco advertisements should be more strictly restricted on the basis of the revised draft, and the relevant provisions should be revised as follows: First, it is forbidden to publish or publish tobacco advertisements in disguised form by mass media and forms such as radio, movies, television, newspapers, periodicals, books, audio-visual products, electronic publications, mobile communication networks and the Internet; Second, it is forbidden to set up tobacco advertisements in public places, building control zones of hospitals and schools, and public transport, and it is forbidden to set up outdoor tobacco advertisements and window tobacco advertisements; Third, the notice of relocation, renaming and recruitment issued by the producer or operator of tobacco products shall not contain the name, trademark, packaging, decoration and similar contents of tobacco products; Fourth, advertisements and public service advertisements of other commodities or services shall not contain the names, trademarks, packaging, decoration and similar contents of tobacco products; Fifth, tobacco advertisements approved by the administrative department for industry and commerce of the State Council must not show the image of smoking, and must not induce or encourage smoking.It is not allowed to express or imply that smoking is beneficial to human health, relieve fatigue and relieve mental tension, and it is not allowed to use terms such as low tar content and low harm, and it should be clearly marked as "smoking is harmful to health". According to the above amendments, except that tobacco advertisements approved by the administrative department for industry and commerce of the State Council can be posted and displayed in the shops of tobacco products monopoly points, and tobacco products advertisements approved by the administrative department for industry and commerce of the State Council sent by tobacco products producers to tobacco products sellers, all other forms of tobacco advertisements are prohibited. (Article 18 of the second review draft of the revised draft)

????5. Some members of the Standing Committee suggested that in order to better protect the rights and interests of minors and promote their healthy growth, advertising activities involving minors should be regulated according to the laws and characteristics of their physical and mental development. After research, the Law Committee suggested that the content criteria for advertising for minors under the age of 14 should be added: no content should be included to persuade minors to ask their parents to buy advertising goods or services; It shall not contain any content that may cause minors to imitate unsafe behaviors. (Paragraph 2 of Article 37 of the Second Review Draft of the Revised Draft)

????6. Some members of the Standing Committee and local governments and departments pointed out that newspapers, periodicals, radio stations, television stations and other mass media have great influence, and their advertising behavior should be further strictly regulated and their responsibilities should be strengthened. After research, the Law Committee suggested adding the following provisions: First, when broadcasting advertisements, radio stations and television stations should abide by the regulations of relevant departments of the State Council on the duration and methods, and should make obvious hints on the duration. Second, the mass media have the obligation to publish public service advertisements; Newspapers, periodicals, radio stations and television stations shall publish public service advertisements in accordance with the prescribed layout, time slot and duration. Third, if a radio station, television station, newspaper publishing unit publishes illegal advertisements or publishes advertisements in the form of news reports, in addition to being punished by the administrative department for industry and commerce according to law, the relevant departments should also punish the responsible person in charge and the directly responsible person according to law; If the circumstances are serious, the advertising business may be suspended. (Paragraph 3 of Article 14, Paragraph 2 of Article 65 and Paragraph 2 of Article 71 of the Second Review Draft of the Revised Draft)

????7. Some members of the Standing Committee, localities, departments and units pointed out that the Internet has gradually become an important medium for advertising. In practice, problems such as illegal online advertising and affecting users’ use of the Internet are more prominent. It is suggested to increase targeted regulations and strengthen the regulation of online advertising behavior. After study, the Law Committee suggested adding the following provisions: First, it is clear that all provisions of this Law are applicable to Internet advertising. Second, Internet information service providers use the Internet to publish advertisements, which shall not affect users’ normal use of the network. Advertisements published in the form of pop-ups on Internet pages shall be marked with a closing sign to ensure one-click closing. (Article 41 of the second review draft of the revised draft)

????8. Some members of the Standing Committee, localities and units have suggested that false advertisements deceive and mislead consumers, affect the healthy development of the advertising industry, and damage the social and economic order. It is suggested to further clarify the subject of responsibility and increase punishment. After research, the Law Committee suggested the following amendments: First, it is clearly stipulated that advertisers are responsible for the authenticity of advertising content, and those who publish false advertisements should bear corresponding legal responsibilities. Second, it is clearly stipulated that advertising agents and publishers who still design, produce and publish advertisements knowing or should know that advertisements are false, and advertising spokespersons who still recommend and prove goods and services in advertisements knowing or should know that advertisements are false, shall be given administrative punishment according to law. Third, it is clearly stipulated that advertising agents, publishers and spokespersons shall bear joint and several liability for false advertisements of goods or services that are related to consumers’ lives and health. (Articles 52, 53 and 59 of the second review draft of the revised draft)

????Nine, some members of the Standing Committee suggested that in order to further standardize advertising activities and protect consumers’ rights and interests, advertising supervision should be strengthened, and the responsibility of advertising supervision departments should be strengthened, and accountability should be implemented for inaction and chaos. After research, the Law Committee suggested adding the following provisions: First, the administrative department for industry and commerce should establish and improve the advertising monitoring system, improve the monitoring measures, and timely discover and investigate illegal advertising activities according to law. Second, if the administrative department for industry and commerce and relevant departments fail to perform their duties according to law, any unit or individual has the right to report to its superior organ or supervisory organ. The organ that receives the report shall deal with it according to law and inform the informant of the result in time. Third, if the administrative department for industry and commerce fails to investigate and deal with illegal advertising behaviors found in the performance of advertising monitoring duties or illegal advertising behaviors after complaints and reports, the responsible person in charge and the person directly responsible shall be punished according to law. (Paragraph 2 of Article 46, Paragraph 2 of Article 50 and Paragraph 1 of Article 70 of the Second Review Draft of the Revised Draft)

　　The new round of examination enrollment system reform has taken another solid step towards the established goal.

　　On April 23rd, Hebei, Liaoning, Jiangsu, Fujian, Hubei, Hunan, Guangdong and Chongqing, as the third batch of eight provinces in China to start the comprehensive reform of the college entrance examination, issued their own implementation plans, and made it clear that the first-year high school students who entered school in autumn of 2018 would start to implement them. Previously, eight provinces have deployed relevant work and are progressing in an orderly manner.

　　This means that the comprehensive reform of college entrance examination has entered a new stage from the pilot reform in the east to the promotion in the central and western regions. Correspondingly, the reform direction of the implementation plan in the eight provinces is consistent. While wearing "uniform clothes", they are also equipped with "local accessories". In close connection with the local education development level and the teaching practice of middle schools, they have made various explorations and innovations in the selection of examination subjects and examination time, the way of assigning marks and the way of admission.

　　The "3+1+2" mode is adopted in the selected subjects, which connects the teaching practice in middle schools with the talent training in colleges and universities.

　　According to the published implementation plan, the plan of eight provinces is "3+1+2" mode, that is, "3" is the national unified examination subject Chinese, mathematics and foreign languages, which all students must take; "1" is the preferred subject, and candidates must choose one of the physics and history subjects in the high school level examination; "2" is a re-selected subject, and candidates can choose two of the four subjects of chemistry, biology, ideology and politics and geography.

　　The college entrance examination is both a national economy and a people’s livelihood. The comprehensive reform of the college entrance examination is a major reform in the education field led by the central government. General Secretary of the Supreme Leader stressed that the reform plan adopted by the central government has taken root and different places must be encouraged and allowed to conduct differentiated exploration. According to the requirements of the Supreme Leader General Secretary, the Ministry of Education instructed eight provinces to conscientiously implement the spirit of the the State Council Document, and formulate reform plans according to local conditions in combination with provincial and municipal conditions, so that the reform can more accurately meet local conditions and form a benign interaction between top-level design and grassroots exploration.

　　The reform of college entrance examination is extremely important, complex and sensitive, and the stakeholders are diverse. In order to find the "greatest common denominator" of the reform, the party committees and governments of eight provinces attach great importance to it, personally check, personally coordinate and personally supervise, and intensify overall coordination to ensure the smooth landing of this highly concerned high-risk reform. It is understood that party secretaries and governors of eight provinces have listened to reports many times, held relevant decision-making meetings of provincial party committees and provincial governments, and reviewed the comprehensive reform plan for the college entrance examination. Liaoning, Chongqing and other places have set up a leading group for comprehensive reform of the college entrance examination, headed by the "number one"; Hebei, Jiangsu, Hunan, Guangdong and other places will incorporate the college entrance examination reform into the work points or important agendas of the provincial party committees and governments; The leaders of Fujian, Hubei and other provinces personally went to the grassroots to investigate and listen to the opinions of front-line workers, and strive to make the reform plan close to local reality.

　　"When designing various measures for the comprehensive reform of the college entrance examination in our province, we conducted an in-depth study on’ how to change’ and’ what to change’, which not only closely linked with the national spirit, but also linked with the reality of Fujian, and strived to implement the plan with strong feasibility and operability." The relevant person in charge of the Education Department of Fujian Province said that the "3+1+2" subject selection scheme is the result of eight provinces’ full consideration of the original local college entrance examination model, the development level of basic education, higher education and the layout of disciplines and specialties on the basis of learning from the experience of the pilot provinces that reformed first.

　　In the process of formulating the implementation plan, eight provinces conducted in-depth research, fully demonstrated, widely listened to and solicited opinions and suggestions from all sides. Taking Jiangsu Province as an example, since 2015, the province has held nearly 80 research and consultation meetings, listened to the opinions and suggestions from all walks of life in depth, and specially listened to the opinions and suggestions of many members of the National Education Examination Steering Committee for the key and difficult problems in the development of the scheme, and invited East China Normal University, Xiamen University, Provincial Institute of Education Modernization and experts in related fields of education and measurement to demonstrate the feasibility and scientificity of the "3+1+2" scheme.

　　"On the whole, the’ 3+1+2′ program is completely consistent with the’ 3+3′ program of the pilot provinces in the basic direction and basic concept of reform. At the same time, it further highlights the basic role of physics and history in the selection and training of talents in natural sciences and humanities and social sciences in colleges and universities, and puts forward the combination of students’ elective subjects in combination with local conditions, so that the reform can more accurately meet local conditions and better meet local students’ growth and talent training needs. " Qu Zhenyuan, deputy director of the National Education Examination Steering Committee, said.

　　Why should physics and history be the first choice subjects? According to the situation released by various provinces, the original intention of this setting is mainly to consider the needs of talent training in colleges and universities and to connect with the reality of middle school education and teaching in various places.

　　On the one hand, experts in universities, middle schools and disciplines generally believe that physics is the basic discipline of natural science majors and history is the basic discipline of humanities and social sciences majors in the training of talents in universities. Studying physics or history subjects in high school is an important foundation for studying natural science majors, humanities and social sciences majors and related interdisciplinary majors in university. Therefore, taking these two subjects as the first choice is conducive to the cultivation of students in related majors in colleges and universities.

　　On the other hand, there are some differences in the conditions of running schools in different places. Taking physics and history as one of candidates’ preferred subjects can effectively connect with the existing teachers and classrooms, guide students from different regions and middle schools to choose their study subjects reasonably, plan their academic careers scientifically, and lay a solid professional foundation for further study in universities.

　　Yu Han, an expert of the National Education Examination Steering Committee and deputy director of the Examination Center of the Ministry of Education, said that since the first batch of comprehensive reform pilots of the college entrance examination, the educational concept of "selectivity" has always been reflected in the implementation and improvement of various measures. In the selective dimension, we should not only ensure the independent space of individual choice, but also take into account the local rigid restrictions on talent selection and training in colleges and universities, and more importantly, reflect the overall and long-term interests of the country. Although the "3+1+2" program does not give candidates full and free choice in six subjects, they can make conditional choices in two subjects, physics and history, and the other four subjects, and the latter two out of four are completely open to arts and sciences, with 12 choice combinations, which greatly improves the selectivity of only two combinations before the reform and is more in line with the actual situation of eight provinces. At the same time, although physics and history can only be chosen from two subjects, they are both compulsory subjects in the passing examination of the high school level examination, and students must meet the basic teaching requirements of high school, and the basic knowledge structure is complete.

　　Zheng Qinghua, vice president of Xi ‘an Jiaotong University, thinks that this way not only increases students’ choice, but also promotes the integration of arts and sciences, pays more attention to students’ all-round development, improves students’ comprehensive quality, provides conditions and motivation for the mutual choice between students and universities, fully embodies the principle of people-oriented, learning what they are good at and testing their strengths, conforms to the laws of education development and talent growth, and provides more opportunities for students to grow into talents.

　　The selective examination is held at the same time as the college entrance examination, and the selected subjects are given scientific marks.

　　From 2021, the enrollment of colleges and universities in eight provinces will be based on the results of the unified college entrance examination and the high school level examination, with reference to the comprehensive quality evaluation.

　　As for the time and frequency of foreign language examinations, six provinces, including Hebei, Liaoning, Fujian, Hubei, Hunan and Chongqing, plan to organize only one foreign language listening and written examination in June, and then implement the foreign language examination twice a year when conditions are ripe. Jiangsu and Guangdong provinces plan to organize a written foreign language test in June, and put the foreign language listening and speaking test in peacetime and implement the computer test.

　　The relevant person in charge of Guangdong Education Examinations Institute said that these practices are basically consistent with the existing examination arrangements, without increasing the number of examinations and changing the examination time. It has been ensured that the examination arrangements will not affect the current teaching organization arrangements of middle schools, and will also ease the pressure on the current foreign language examinations in terms of propositions, organization and management, and ensure the steady progress of reform.

　　The relevant person in charge of the Examination Center of the Ministry of Education said that it is necessary to establish a standardized proposition mechanism and accumulate standardized question banks for the two-year foreign language examinations. At present, eight provinces have not fully met the conditions in this regard, so the existing examination arrangements will remain unchanged for the time being. When the conditions are ripe, they can actively explore the implementation of the two-year foreign language examinations and gradually implement them.

　　According to the implementation plan, the ordinary high school academic level examination is divided into qualified examination and selective examination. Qualified test scores are the main basis for students’ graduation and the determination of equivalent academic ability in ordinary high schools; The selected test scores are included in the total scores of candidates enrolled in the unified examination of ordinary colleges and universities. All the eight provinces arranged the selective examinations of the senior high school level examination together during the unified college entrance examination in June, and determined the number of examinations as one. Choose to test by the province unified proposition, unified examination, unified organization marking, unified published results.

　　Liu Haifeng, director of the Examination Research Center of Xiamen University, pointed out that in order to ensure the safe and orderly implementation of the college entrance examination, more than 20 government departments made concerted efforts. Because the selective examination of the high school level examination is included in the total score of the college entrance examination, its nature is equivalent to that of the college entrance examination. This arrangement in the implementation plan not only reduces the influence of multiple examinations on middle school teaching, but also relieves the pressure of organizing examinations at the grassroots level, and can avoid repeatedly using a lot of government resources and social resources.

　　From 2021, the total scores of candidates in the new college entrance examination in eight provinces are composed of unified college entrance examination subjects and academic level examination subjects, with a full score of 750 points. Among them, the original scores of unified college entrance examination subjects such as Chinese, mathematics and foreign language use are included in the total score of candidates, with a perfect score of 150 points for each subject. In the selected subjects, the original scores of physics or history are included in the total scores of candidates, with a perfect score of 100 points for each subject; The two subjects independently selected by candidates in ideological politics, geography, chemistry and biology will be included in the total score of candidates after being graded, with a perfect score of 100 points for each subject.

　　Why is the re-election subject graded? According to the relevant person in charge of the Education Department of Liaoning Province, candidates with the same preferred subjects can choose different selected subjects to be included in the college entrance examination results in ideological and political, geographical, chemical and biological subjects according to their personal interests and the requirements of college enrollment. Because of the difficulty difference of different subjects in the re-selected subjects and the different groups of candidates applying for the corresponding subjects, the original scores of the selected subjects are not comparable. The implementation of grading is mainly based on the different subjects selected by students, the different difficulty of each subject, and the incomparable original scores of each subject. It is made from the perspective of fairness and justice in educational examinations.

　　For example, he said, candidate A chose ideological politics and candidate B chose chemistry, and both of them got 80 points. Candidate A ranked 100th among all the ideological and political candidates, and candidate B ranked 1000th among all the chemistry candidates. It is neither scientific nor fair to simply add up their scores in all subjects and count them in the college entrance examination. Therefore, it is necessary to convert the original scores of different subjects into grade scores according to certain rules, and the queuing order of candidates’ selected subjects remains unchanged after conversion, so as to solve the problem that the original scores of selected subjects are not comparable.

　　According to the relevant person in charge of Chongqing Education Examinations Institute, the third batch of eight provinces that entered the reform formed a joint expert group under the unified guidance of the Ministry of Education, invited domestic experts and scholars in the field of mathematical statistics and analysis, learned from the experience of previous pilot provinces, and based on the analysis and calculation of the college entrance examination scores and admission data of eight provinces over the years, through mathematical modeling, within the framework of the evaluation standards of acceptance, discrimination, fit, promotion, stability and adaptability, the method of assigning common grades to eight provinces was determined, which has a better

　　"One point, one file", grade assignment not only ensures the comparability of scores between different subjects, but also increases the discrimination of exams. Han Ning, vice chairman of the Education Statistics and Measurement Branch of the China Education Association, said that eight provinces have carefully analyzed and simulated the various possibilities in the college entrance examination based on the big data of the past few years, and selected the parameter setting scheme that is most suitable for their own provinces, and followed the principles of "Don’t let candidates’ single-subject ranking change" and "Ensure the appropriate weight of selected subjects and ensure the good distinction of conversion scores"

　　Admission is based on "two bases and one reference" to promote students’ all-round and individual development.

　　The enrollment of unified examination in colleges and universities is the focus of social attention, and it is also the focus and difficulty of the comprehensive reform of college entrance examination. The implementation plan announced by the eight provinces has carried out the reform direction of "forming the examination enrollment mode of classified examination, comprehensive evaluation and multiple admission" determined by the State Council, and the mode of "two bases and one reference" has been implemented in college admission, that is, not only the scores of three unified college entrance examination subjects and three academic level examinations are selected, but also the comprehensive quality evaluation is taken as an important reference for admission, from simply "judging points" to "judging people".

　　"The comprehensive reform of the college entrance examination is not only a reform of the examination enrollment method, but also a major reform involving basic education and higher education, which is related to the entire talent training system. It is an inevitable requirement for implementing quality education, improving the quality of talent training and promoting students’ all-round and individual development." Jiang Changzhong, Party Secretary and Director of Hunan Provincial Education Department and Secretary of Education Working Committee of Provincial Party Committee, said that this reform is to establish and improve the comprehensive examination content system of morality, intelligence, physique, beauty and labor, build an examination enrollment evaluation system with China characteristics in the new era, establish an examination enrollment system for ordinary colleges and universities that conforms to the laws of education and talent growth and conforms to the requirements of the times, and implement comprehensive examination, comprehensive assessment and fairer selection, so as to realize the organic unity of student growth, national talent selection and social equity.

　　According to the implementation plan, the comprehensive quality evaluation content is divided into ideological and moral character, academic level, physical and mental health, artistic accomplishment, social practice and so on. The contents of students’ comprehensive quality evaluation are objectively recorded by real recording. Through the comprehensive quality evaluation system of senior high school students, senior high schools establish personal growth electronic files for each student. Under the guidance of teachers, students independently record their daily activities; According to the unified requirements of the provincial education departments, students sort out and select representative recording materials at the end of each semester to form an evaluation record form; When graduating from high school, according to the representative typical materials in the original records of the evaluation system, a comprehensive quality evaluation report of students is generated; Academic level test scores, credits and physical health test scores are uniformly imported by schools, education administrative departments and other relevant units.

　　With regard to the application of comprehensive quality evaluation materials, the implementation plans of the eight provinces have also made it clear that in addition to being used by senior high schools for student education and education administrative departments for monitoring and management of education and teaching, colleges and universities should formulate specific methods for using comprehensive quality evaluation materials in accordance with the provisions of the Ministry of Education, and take the evaluation results as an important reference for enrollment. In order to ensure the authenticity and credibility of the comprehensive quality evaluation materials of senior high school students, the activity records and factual materials used for enrollment must be publicized, and the students themselves and the relevant school leaders will confirm them on the network management platform after publicity without objection, and the school will finally review and check them.

　　The reporter found out that the eight provinces made it clear in the implementation plan that colleges and universities will compile their enrollment plans in two categories: physics and history. At the time of admission, candidates who choose physics and candidates who choose history will be queued for admission respectively. Candidates in Hebei, Liaoning, Chongqing and other provinces and cities take the mode of "major (category)+college", that is, one college and one enrollment major (category) is a volunteer, and the admission mode of parallel volunteer is implemented.

　　In Zheng Qinghua’s view, the past training mode made most senior high school students accustomed to burying their heads in study and only pursuing achievements, lacking understanding of the connotation of disciplines and majors in colleges and universities, the requirements and rules for entering the exam, and the lack of excavation and training of their own interests, specialties and professional intentions. Under the new college entrance examination mode, schools will be forced to help students find their own interests and specialties from the middle school stage, carry out career guidance, and simultaneously promote the college entrance examination reform with the curriculum reform in junior and senior high schools, so that students can unify their career planning, major selection and learning motivation, guide students to connect their studies with the majors they choose to enter colleges and universities in the future, and connect their future majors with the careers they will settle down in the future. Only by linking the career of settling down with the career of making contributions all one’s life, and finally guiding students to link their career with the career that can finally care about the world, benefit mankind and settle their souls, can we cultivate the real pillars needed by society.

　　Similarly, the enrollment mode of "major (category)+college" is also beneficial to colleges and universities to enroll students with clear professional aspirations, but it puts forward higher requirements for the specialty construction and talent training of colleges and universities, which will promote colleges and universities to further strengthen the discipline construction and improve the quality of talent training. In terms of specific operation, colleges and universities will work out enrollment plans in strict accordance with the requirements of the elective subjects of their enrollment majors, and according to the requirements of personnel training, according to the two categories of "physics disciplines" and "history disciplines", and the requirements for elective subjects will be clearly defined in each enrollment major.

　　Accelerating the enrollment reform of classified examination in higher vocational education is an important measure of the comprehensive reform of college entrance examination. Yong Yang, Party Secretary and Director of the Education Department of Hebei Province, said that higher vocational education bears the important task of cultivating diversified talents, inheriting technical skills and promoting employment and entrepreneurship, so it pays more attention to the assessment of students’ vocational orientation and vocational skills in the examination enrollment. Implementing the classified examination enrollment of higher vocational education and separating the enrollment of higher vocational colleges from that of ordinary colleges will not only help higher vocational colleges to select and cultivate skilled talents according to the rules of vocational education, but also help some students to choose their own vocational education as soon as possible.

　　In the implementation plans of eight provinces, it is clear that the enrollment reform of classified examinations in higher vocational colleges should be promoted. Fujian makes it clear that the enrollment of classified examinations in higher vocational colleges is mainly based on higher vocational (junior college) enrollment, and it is the main channel for higher vocational colleges to enroll students. Since 2020, the classified enrollment of higher vocational colleges is relatively separated from the enrollment of ordinary colleges and universities, and the evaluation method of "cultural quality+vocational skills" is implemented, and the entrance examination for higher vocational education is no longer organized separately.

　　Hebei, as a province with a large number of students, has made great efforts to promote the enrollment reform of classified examinations in higher vocational education in order to solve the problem of "thousands of troops crossing the single-plank bridge", based on the fact that higher vocational colleges account for a large proportion and a large number. Yong Yang said that in combination with the actual situation of this province, efforts should be made to break through innovation, and in the enrollment plan, classified examination enrollment will become the main channel for enrollment in higher vocational colleges; In the assessment content, we should distinguish the different characteristics of ordinary high school students and secondary vocational school students and implement the evaluation method of "cultural quality+vocational skills"; In the enrollment, we should carry out the reform of parallel volunteer’s investment in one file and explore the way of multi-investment in one file.

　　Guide the reform of high school education mode and strengthen the construction of basic guarantee conditions.

　　The examination enrollment system is a national basic education system, and the comprehensive reform of college entrance examination is a major reform in the field of education, which will inevitably have a far-reaching impact on the current high school education and even the whole education.

　　"The basic idea of deepening the comprehensive reform of the college entrance examination is to adhere to the direction of reform, maintain strategic strength, enhance the tenacity of reform, and ensure the implementation of the overall design of the" Implementation Opinions of the State Council on Deepening the Reform of the Examination Enrollment System "in accordance with the principle of" promoting quality education, promoting education equity, and scientifically selecting talents "; Adhere to the problem orientation, adhere to local conditions, continue to intensify efforts to promote effective policies that are welcomed by the masses, and fully consider the differences in different regions for reform measures with high basic conditions, and introduce plans according to local conditions to ensure smooth and orderly reform; Adhere to coordinated promotion, further strengthen the reform coordination between provinces and relevant departments within the province, and form a good situation of coordination and overall promotion. " The person in charge of the relevant department of the Ministry of Education said.

　　It is an important measure for ordinary senior high school teaching to adapt to the new college entrance examination and an inevitable requirement for the comprehensive reform of college entrance examination. "It can be predicted that for basic education, the implementation of class selection will have a direct impact on the scale and structure of subject teachers because of the different proportion of candidates in each subject." The relevant person in charge of the Hunan Provincial Department of Education pointed out that how to implement this important measure aimed at respecting students’ personality differences, expanding students’ independent choice in learning and meeting the learning needs of students with different potentials, promoting students’ all-round and individual development and improving the quality of education and teaching requires in-depth research.

　　According to the relevant interpretation manuscripts published by 8 provinces, there is a clear arrangement on how to carry out the teaching of selecting courses and moving classes. For example, schools should not crowd out the classes of other non-selected subjects in order to increase the class hours of selected subjects, but should strictly implement the curriculum plan of ordinary high schools promulgated by the state and strive to develop excellent elective courses; Explore the school teaching management system that adapts to the teaching of selecting courses and leaving classes, and construct a class management system that organically combines administrative classes with teaching classes, class teachers and tutorial systems; Strengthen the construction of smart campus, make full use of information technology, and gradually realize the intellectualization of management activities such as course selection, course arrangement, management and evaluation.

　　In terms of strengthening team building, eight provinces have also made it clear that various measures should be taken to alleviate the structural shortage of teachers in some disciplines by purchasing services, rehiring outstanding retired teachers, and exploring "county management and school employment". Strengthen the training of teachers and increase the transfer training of teachers in surplus disciplines. At the same time, efforts should be made to improve the conditions for running schools, and measures such as newly rebuilding and expanding some high schools and strictly implementing enrollment plans should be taken to eliminate large classes in ordinary high schools.

　　As the most comprehensive and thorough reform of the examination enrollment system in history, the comprehensive reform of the college entrance examination has brought about changes in talent selection and training mode, which has incomparable advantages in forcing universities and middle schools to educate people from the perspective of students’ long-term development and to select talents and guide them from the perspective of more yuan and more in line with actual development needs.

　　Senior high school is a critical period for students’ personality formation and independent development, and it is also a critical period for students to choose the future development direction of their lives. The reporter found out that this reform highlights the guidance for students’ development, including not only academic guidance, but also life guidance and career guidance. In order to provide guidance for students’ development, all provinces have made clear requirements for constructing characteristic curriculum system, establishing professional teachers, carrying out multi-theme activities, expanding and enriching professional experience, and applying scientific evaluation system, so as to effectively help students solve practical problems and ideological puzzles encountered in their studies, life and career planning.

　　The comprehensive reform of college entrance examination is a key breakthrough of comprehensive education reform, and at the same time, it is also a tough "hard bone", which belongs to the key hub of reform and is at the core of the "top priority" of education reform. Under the overall command of the Ministry of Education, the comprehensive reform of college entrance examination in eight provinces has been carried out steadily, scientifically and orderly, and all the preparatory work in the early stage has been successfully completed.

　　Zhong Binglin, president of China Education Association, said that the distribution of educational resources in China is uneven, and there is a gap between the eight provinces that have implemented the new plan and the developed education areas such as Zhejiang and Shanghai. Therefore, we should pay attention to the study and introduction of relevant supporting measures, and jointly promote the comprehensive reform of college entrance examination, and form a good situation of coordinated linkage and overall promotion between the government and schools, examination enrollment and personnel training, and high school education and higher education, and promote the steady implementation of the comprehensive reform of college entrance examination.

　　According to Yang Dongping, a member of the National Education Examination Steering Committee, the college entrance examination system consists of examination system, enrollment system and supporting service guarantee policies. According to the situation released by eight provinces, the guarantee of various conditions for the comprehensive reform of the college entrance examination is also vigorously promoted. Taking Hubei Province as an example, the Committee for Deep Reform of the Provincial Party Committee listed the comprehensive reform of the college entrance examination as a key reform item in the province, and the leading group for the reform of the provincial education system took it as an annual key reform task. Governments at all levels in the province invested a total of 11.2 billion yuan to build, rebuild and expand 49 high schools and 187 million yuan to build standardized examination centers. The Hubei Provincial Department of Education has set up a promotion mechanism of "1 (comprehensive work) +3 (teaching, examination and enrollment) +N (some specific work)". Cities and counties have also established corresponding working mechanisms, forming a good atmosphere of joint deployment and promotion and full participation in reform.

　　"To actively respond to the comprehensive reform of the college entrance examination, we must implement the main responsibility, establish a coordinated promotion mechanism, and truly implement it." The relevant person in charge of the Education Department of Liaoning Province said that the next step will be to highlight key points, strengthen the capacity building of examination institutions, improve the infrastructure conditions of ordinary high schools, strengthen the construction of teachers, deepen the curriculum reform of ordinary high schools, and do a good job in a series of supporting work such as comprehensive quality evaluation of high school students to ensure the smooth progress of the comprehensive reform of college entrance examination. (Reporter Wan Yufeng)