Interpretation of the Opinions

Interpretation of the Opinions: Lending Behavior Constituting the Crime of Illegal Business Operations Requires Meeting Four Conditions Simultaneously | Forward and Share On October 21, 2019, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued and implemented the Opinions on Handling Several Issues Concerning Criminal Cases of Illegal Lending (hereinafter referred to as the "Opinions"), causing a stir on the internet. In particular, the provision of "10 loans within 2 years" seems to have a very low threshold for criminalization, easily causing panic. The author, without any pretension to profundity, offers an incomplete interpretation of several aspects of the Opinions to encourage further discussion. I. What are the circumstances under which the Opinions stipulate that civil lending constitutes criminal liability? The structure of the Opinions is compact and progressive, demonstrating high legislative skills, but it also increases the difficulty for ordinary people to understand the legal articles. Article 1 of the Opinions stipulates that civil lending behavior constitutes criminal offenses must meet two aspects of the characteristics, the first aspect is "illegal lending", which is "① in violation of national regulations, without the approval of regulatory authorities, or exceeding the scope of operations ② for profit ③ regularly providing loans to unspecified members of the public" three conditions; The second aspect is "serious circumstances". Ordinary people easily overlook key information, only extracting information such as "more than 10 times lending within 2 years", thus causing panic. In fact, "illegal lending" behavior only constitutes a criminal offense when it constitutes "serious circumstances". Articles 2 and 3 of the Opinions respectively explain what constitutes "serious circumstances". In summary, lending behavior engaged in by ordinary people must meet the following four conditions simultaneously to constitute the crime of illegal business operations: (1) Violation of national regulations, without the approval of regulatory authorities, or exceeding the scope of operations. According to Article 19 of the Banking Regulatory Law, the operation of lending and collecting interest is the business activity of banking financial institutions. The vast majority of civil lending, as long as it is for profit, meets the condition of "violating national regulations, without approval, or exceeding the scope of operation". (2) For profit. "For profit" belongs to the subjective category, which cannot be objectively judged, and in judicial practice, it can only be judged by objective behavior. The author believes that "profit" obviously requires income to be greater than costs; civil lending without interest or not exceeding the bank's benchmark interest rate for the same period obviously does not have the purpose of profit. For lending rates exceeding bank rates, if the lender's lending interest does not significantly exceed its financing costs, it should not be considered to be for profit. (3) Lending funds more than 10 times within 2 years to multiple unspecified persons (including units and individuals) in the name of loans or other names (the extension of repayment by the same person is not counted separately). Failure to reach the above number does not constitute a crime. According to Article 6 of the Opinions, "unspecified persons" should exclude the lender's relatives and internal personnel of the unit, but intentionally evading this provision and publicly promoting it to unspecified persons for lending cannot be used as a defense. (4) Serious circumstances. According to Articles 2, 3, and 4 of the Opinions, "serious circumstances" only need to have any of the following situations: 1. The actual annual interest rate exceeds 36% (i.e., the monthly interest rate exceeds 3%), and the cumulative amount of loans exceeds the limit (2 million yuan for individuals, 10 million yuan for units). 2. The actual annual interest rate exceeds 36%, and the cumulative illegal income exceeds the limit (800,000 yuan for individuals, 4 million yuan for units). 3. The actual annual interest rate exceeds 36%, and the cumulative number of borrowers exceeds a certain number (50 borrowers for individuals, 150 borrowers for units). 4. The actual annual interest rate exceeds 36%, and it has caused serious consequences such as suicide, death, or mental illness of the borrower or his/her close relatives. 5. The actual annual interest rate exceeds 28.8% (i.e., 80% of 36%), and has been administratively punished twice or more for illegal lending or has committed illegal lending more than 10 times with an actual annual interest rate exceeding 72%. II. Does the actual annual interest rate "exceeding 36%" stipulated in the Opinions include 36%? The author believes it does not include 36%. First, according to Article 99 of the Criminal Law, when using terms such as "above" and "below" to stipulate limits, the base number is included. When determining the amount of loans and illegal income in Article 2 of the Opinions, the term "above" is used, which should include the base number. However, the Opinions do not use the common "above" in the Criminal Law to stipulate the actual annual interest rate, but use "exceeding". Combined with the following statement "However, if the actual annual interest rate of a single illegal lending act does not exceed 36%, it shall not be included when sentencing", it is clear that the circumstances of serious cases do not include an annual interest rate of exactly 36%. Therefore, the 28.8% mentioned above does not include the base number. Secondly, the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in Handling Civil Lending Cases stipulate that the annual interest rate of 36% is the highest interest rate for protecting the already paid civil lending interest, and it is clear that an annual interest rate of 36% will not violate criminal law. III. Does the Opinions directly "apply" illegal lending behavior to "illegal business operations"? This question means whether some civil lending behavior (illegal lending) before the implementation of the Opinions also constitutes illegal business operations and whether legal responsibility can be pursued. The author believes that the issuance of the Opinions only clarifies the specific guidelines for pursuing the crime of illegal business operations for illegal lending behavior, and it does not fundamentally change the nature of illegal lending behavior, nor can it be considered that judicial organs have the right to pursue the criminal responsibility of the perpetrator's illegal lending only after the issuance of the Opinions. Lending operations are specialized businesses authorized by state-authorized financial institutions, which relate to the national financial management order and social capital safety, and are related to public interests. Article 19 of the Banking Regulatory Law stipulates: "Without the approval of the State Council's banking regulatory institution, no unit or individual shall establish a banking financial institution or engage in the business activities of a banking financial institution". This mandatory provision is an effective mandatory provision. Article 225(4) of the Criminal Law pointed to by the Opinions is a catch-all clause for "other serious illegal business operations that disrupt market order in violation of state regulations", which has been in effect before the implementation of the Opinions. In judicial practice, there are also many types of criminal cases where, before the issuance of judicial interpretations, judicial organs determine their criminal illegality according to the circumstances. Therefore, we can say that for illegal lending behavior before the implementation of the Opinions, as long as the circumstances of disrupting market order are serious and the statute of limitations has not expired, the perpetrator's criminal responsibility can still be pursued. IV. Does the Opinions have retroactive effect on civil lending behavior before its implementation? This question means whether the limits and circumstances stipulated in the Opinions can be applied to lending behavior before October 21, 2019. The author believes that Article 8 of the Opinions clearly states that "Illegal lending behaviors that occurred before the implementation of these Opinions shall be handled in accordance with the provisions of the Notice of the Supreme People's Court on Correctly Understanding and Applying the "State Regulations" in the Criminal Law (No. 155 [2011] of the Supreme People's Court) (the notice stipulates whether illegal business operations before the judicial interpretation constitute a crime, which should be reported to the Supreme People's Court level by level as a matter of law)", which has denied the retroactive effect of the Opinions. From this perspective, the legislative purpose of the Opinions is obviously biased towards the guiding role of the law, rather than the regulatory role of the law, using the method of issuing Opinions to control the high leverage rate risk in society in the future. Despite this, the author believes that the issuance of the Opinions still has a guiding role in promoting judicial organs to combat illegal lending behavior before its implementation. In 2019, the Supreme People's Court, together with the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice, jointly formulated and issued the Guiding Opinions on Handling Cases of Crimes of Black and Evil Forces and the Opinions on Handling Criminal Cases of "Routine Loans", which both stipulate the pursuit of criminal responsibility for illegal lending behavior and related crimes before the implementation of the Opinions. The illegal circumstances stipulated in Articles 5, 6, and 7 of this article have obvious echoes with the above provisions, and it has a strong guiding role in combating "routine loans" and illegal business operations in the special campaign to crack down on black and evil forces.

Jiangxi Construction Group Co., Ltd. 2020 Recruitment Brochure

I. Company Profile (I) Company Overview Jiangxi Construction Engineering Group Co., Ltd. (hereinafter referred to as Jiangxi Construction Engineering Group) has a 66-year history. It is a large state-owned construction enterprise in Jiangxi Province, formerly known as the Jiangxi Provincial Construction Engineering Bureau, established in 1952. It holds multiple qualifications, including Grade A general contracting for building construction projects, Grade I general contracting for municipal public works projects, and Grade I general contracting for highway engineering projects, as well as the right to undertake overseas contracting projects and labor cooperation. It has passed the quality, environmental, and occupational health and safety management system certifications. It is a leading enterprise in the construction industry of Jiangxi Province, ranking among the top 500 enterprises nationwide, top 50 construction enterprises nationwide, and top 10 enterprises in Jiangxi Province. Over more than 60 years of hard work, Jiangxi Construction Engineering Group has achieved a series of outstanding results. In the past decade, it has won 14 National Luban Awards, 4 National Excellent Engineering Awards, 129 Provincial Dujuan Flower Awards, 408 Provincial Excellent Engineering Awards, more than 10 Provincial and above Science and Technology Progress Awards, 7 national construction methods, and 135 provincial-level construction methods. The company has successively won honorary titles such as "National Construction Quality Management Excellent Enterprise," "Top 100 Enterprises in China's Construction Industry Competitiveness," and "National AAA Credit Enterprise in the Construction Industry." Currently, Jiangxi Construction Engineering Group has 12 holding subsidiaries and 2 wholly-owned subsidiaries. The group headquarters has 16 general contracting engineering companies, 1 overseas engineering company, 1 design institute, and 1 technology center. It has also invested in the establishment of 3 joint ventures: Jiangxi Tianhe Construction Co., Ltd., Jiangxi Hantang System Integration Co., Ltd., and Jiangxi Jinkong Factoring Co., Ltd. Adhering to the corporate mission of "Building a Quality World, Building Everlasting Foundation," the company strives to create a brand image that is "powerful, trustworthy, high-quality, and responsible," continuously scaling new heights in its production and operation. Its domestic business covers the entire country; its overseas business has expanded to Zambia, Singapore, Malawi, India, Bangladesh, Indonesia, and Cameroon, winning widespread praise from domestic and international clients and partners. During the "Twelfth Five-Year Plan" period, relying on the new advantages of the system and mechanism formed by the mixed ownership system, production and operation maintained a high-speed development momentum. The key indicators such as new contract value, operating revenue, and profit and tax increased by more than 30% annually. Operating revenue achieved three breakthroughs of 10 billion yuan, 20 billion yuan, and 30 billion yuan. Since its first appearance on the list of the top 500 enterprises nationwide in 2013, it has consistently remained on the list, achieving its established goal of "getting in, staying in, and moving up the ranks." Today, facing the new situation of economic development, Jiangxi Construction Engineering Group, with its accumulated strength, has put forward the development goal for the "Thirteenth Five-Year Plan": focusing on the development strategy of "stable growth, promoting transformation, ensuring listing, and internationalization," by 2020, it aims to achieve a new contract value of 80 billion yuan, annual operating revenue of 48 billion yuan, and annual profit of 800 million yuan. It strives to achieve the overall IPO listing of the enterprise, maintain its ranking among the top 500 enterprises nationwide, and steadily move up the ranks. (II) Personnel Training The Group attaches great importance to personnel training and currently has numerous professionals with various professional and technical titles. Relying on its technology center, the Group strengthens cooperation with major universities and research institutes; at the same time, it uses key and large-scale engineering projects as carriers to accelerate personnel training, improve employees' comprehensive quality, and provide broad upward mobility for the new generation of employees. In recent years, the Group has cultivated a large number of high-end talents who now serve as leaders in various management positions and leaders in technical positions. Large enterprise, large platform; fast growth, stable guarantee. "Building a Quality World, Building Everlasting Foundation" – Jiangxi Construction Engineering Group is your ideal choice for career development. We welcome you to join the construction industry and become a member of our team, to progress and develop together in the tide of the times, and to dedicate your youth and enthusiasm to the high-quality development of the Group. II. Recruitment Positions, Number, and Professional Requirements No. Position Major Education Number 1 Construction Site Management Civil Engineering, Electrical Installation, HVAC, Welding, Electromechanical Installation, Water Conservancy and Hydropower, etc. Bachelor's Degree or above 350 2 Budget Officer Engineering Cost Control related majors Bachelor's Degree or above 50 3 Highway and Bridge Construction Management Civil Engineering, Road and Bridge Engineering, etc. Bachelor's Degree or above 10 4 Municipal Engineering Management Road Engineering, Water Supply and Drainage Engineering, Water Conservancy and Hydropower, Environmental Engineering, Power and Telecommunications Engineering, etc. Bachelor's Degree or above 10 5 Financial Management Accounting, Financial Management, etc. Bachelor's Degree or above 35 6 Human Resource Management Human Resource Management, etc. Bachelor's Degree or above 2 7 Office Assistant Enterprise Management, Business Administration, Computer Science, etc. Bachelor's Degree or above 4 8 Administrative and Party Affairs Management Chinese Language and Literature, Political Science, Marxism, etc. Bachelor's Degree or above 7 9 International Business Translation International Economics and Trade, English, etc. Bachelor's Degree or above 5 10 Legal Affairs Law, etc. Bachelor's Degree or above 9 11 Material Statistician Statistics, Mathematics, etc. Bachelor's Degree or above 1 12 Quality Inspector Civil Engineering, Construction Engineering Technology, Engineering Cost Control, etc. Associate's Degree or above 110 13 Safety Officer Civil Engineering, Construction Engineering Technology, Engineering Cost Control, etc. Associate's Degree or above 125 14 Documentarian Civil Engineering, Construction Engineering Technology, Engineering Cost Control, etc. Associate's Degree or above 80 15 Material Officer Civil Engineering, Construction Engineering Technology, Engineering Cost Control, etc. Associate's Degree or above 90 III. Salary and Benefits (I) Remuneration: Basic salary + various subsidies; (II) A guaranteed income system is implemented for new employees. The annual income for bachelor's degree holders is 50,000-60,000 yuan, and after one year, the salary will be determined according to the job level, with a comprehensive annual income of 60,000-70,000 yuan; the annual income for associate degree holders is 42,000 yuan, and after one year, the annual income is 50,000 yuan; at the same time, the company has implemented a differentiated salary standard based on education level; (III) Welfare Guarantee: Five insurances and two funds, work meals, summer and winter subsidies, paid annual leave, regular free physical examinations, etc.; (IV) State-owned enterprise union welfare: birthday benefits, festival condolences, festival activities, various sports events, matchmaking activities, etc.; (V) Scientific training system: new employee onboarding training, professional training for various positions, one-on-one mentoring, construction engineer examination training, etc.; IV. Application Requirements (I) Full-time associate degree or above (graduates from 2020 and previous years are welcome); (II) Relevant major, must obtain graduation certificate and degree certificate upon graduation; (III) Love the construction industry, be hardworking and willing to take responsibility; (IV) Be healthy, without infectious or congenital diseases or diseases that have a significant impact on work; (V) Excellent academic performance, student cadres, and party members will be given priority. V. Recruitment Methods (I) Official Announcement Recruitment information will be published on the official website of Jiangxi Construction Engineering Group Co., Ltd. and relevant university websites. (II) Online Resume Submission 1. Application Period: September 2019 – July 2020; 2. Application Method: Students who meet the application requirements should send their resumes to jxjg15hr@163.com. The subject of the email should be uniformly named as "Applied Position + Name + School + Major"; 3. Recruitment Process: Qualification screening, interview, signing of graduate employment agreement, pre-employment medical examination, signing of employment contract (signing an employment contract with the company, becoming a formal employee of the company). VI. Contact Information (I) Contact Person: Mr. Liu, Mr. Li 0791-86263347, 0791-86212574 (Fax) (II) Recruitment Email: jxjg15hr@163.com. Please follow the format "Applied Position + Name + School + Major" when submitting your resume; (III) Group Address: No. 956, Beijing East Road, Nanchang City, Jiangxi Construction Engineering Building (IV) Company Website: http://www.jxsjgjt.com

Jiangxi Construction Group 2019 Annual Professional Title Evaluation Work Guidance Meeting

To ensure the smooth progress of this year's professional title application, on July 30th, the Human Resources Department of the Group organized a professional title review briefing. Mr. Li Xiangyang, the Group's chief engineer, and Mr. Wu Xinguo, director of the Human Resources Department, attended the briefing to provide guidance. Over 70 technical personnel from the Group who meet the requirements for applying for senior and intermediate professional titles attended the training. Mr. Li Xiangyang mainly explained the preparation work for each stage of the application process from the perspectives of both the applicant and the evaluator, focusing on analyzing common issues with performance materials from previous years' professional title applications. This provided employees with a more comprehensive understanding of the professional title application process and offered valuable assistance for subsequent applications. Mr. Wu Xinguo explained the relevant professional title policies for this year and outlined the work requirements: First, the human resources departments of all units must provide excellent service to those applying for professional titles; second, they must complete the collection and organization of application materials according to the professional title application schedule; third, they must pay close attention to any problems that arise with the application materials and promptly correct them. During the meeting, Mr. Li Xiangyang and Mr. Wu Xinguo provided detailed answers to employee questions about professional title applications. This professional title review briefing organized by the Group fully demonstrates the Group's emphasis on professional title applications and talent cultivation, enhancing employees' understanding of the process and laying a solid foundation for the successful completion of this year's professional title applications. (Liu Jie)

The Party Committee of the Group Corporation held a symposium with demobilized servicemen

On the afternoon of August 1st, the Party Committee of the Group Corporation held a symposium with demobilized and transferred military personnel. Wu Xinguo, secretary of the Party Committee and director of the Human Resources Department, presided over the meeting. Attendees engaged in relaxed and enjoyable interactive exchanges with the demobilized and transferred military personnel, jointly celebrating the 92nd anniversary of the founding of the Chinese People's Liberation Army. At the symposium, Wu Xinguo extended festive greetings and best wishes to the demobilized and transferred military personnel, fully affirming their contributions to the group's reform and development. He hoped that the demobilized and transferred military personnel would continue to carry forward the fine traditions of "being able to endure hardship, being able to fight, and being able to dedicate," playing a better exemplary role in their work. He emphasized that the country cares more about demobilized and transferred military personnel than ever before. Everyone should continue to carry forward the glorious tradition of "listening to the Party's command and obeying orders," establish "four consciousnesses," strengthen "four confidences," resolutely achieve "two safeguards," always exert positive energy, and make positive contributions to the harmonious stability and high-quality development of the enterprise. During the symposium, participants actively spoke, using simple words to recreate the blood and fire of their military life, using real examples to praise the great dedication in the character of soldiers, and using proud expressions to demonstrate the firm confidence of the strong army's path. Everyone expressed that in their future work, they would continue to be dedicated to their jobs, never forgetting their original aspirations, carrying forward the glorious traditions of the People's Army, and being worthy of the honorable title of the People's Children's Soldiers in all aspects, contributing to the development of the enterprise with practical actions. (Xiong Xuewen)

Xinguang County Maternal and Child Health Hospital Elevator Procurement Competitive Negotiation Invitation

Liu Xiaoyi attended the opening ceremony of the 2019 "Golden Autumn Aid to Learning, Soul-Forging and Dream-Realizing" summer camp of the Provincial Federation of Trade Unions and distributed慰问品

Public Notice

Based on recommendations from grassroots party organizations and after deliberation by the Party Committee of the Group, the following individuals have been nominated for the "New Era Ganpo Vanguard" of the province. The list is now publicly announced: I. "New Era Ganpo Vanguard" - "Good Cadres Who Take Responsibility and Act" 1. Tang Yong (Jiangxi Construction Engineering No. 1 Construction Company) 2. Xu Xiaoyong (Jiangxi Construction Engineering No. 2 Construction Company) II. "New Era Ganpo Vanguard" - "Skilled Party Affairs Workers" Zhang Huiqing (Party Office, Jiangxi Provincial Construction Engineering Group Co., Ltd.) III. "New Era Ganpo Vanguard" - "Excellent Branch Secretary Who Cares for the People" Wei Zhijun (Jiangxi Construction Engineering Machinery and Equipment Company) IV. Provincial...

How does the court define the legal relationship between the workers hired by the actual contractor and the construction company?

How should the court define the legal relationship between the workers hired by the actual constructor and the construction company? Introduction: Does a labor relationship exist between the workers (migrant workers) hired by the project manager (actual constructor) and the construction company? Who is responsible for work-related injuries if the hired worker is injured? Because work injury identification is an administrative case and labor relationship confirmation is a civil case, these issues have become a rather thorny issue at the intersection of civil and administrative law. The newly published "Civil Trial Guidance and Reference (Total No. 64)" (edited by Du Wanghua, compiled by the First Civil Trial Division of the Supreme People's Court) conducts a detailed analysis of this issue with case examples. This issue of Faxin editor has compiled the corresponding judicial rules and relevant cases for your guidance and reference. Recommended Case Construction companies that subcontract projects to organizations or individuals without the qualification of employers should bear the responsibility for work injury insurance for the laborers hired by these organizations or individuals, but this cannot be used to determine that there is a labor relationship between the two - Deng Zhengbo v. Shaoxing County Guangyou Labor Service Subcontracting Engineering Co., Ltd. case for confirmation of labor relationship dispute The gist of this case: In civil litigation on whether a labor relationship exists between a worker (migrant worker) hired by the actual constructor (project manager) and a construction company with employer qualifications, the people's court should confirm that no labor relationship exists between the two parties. According to the "Supreme People's Court's Provisions on Several Issues Concerning the Trial of Work Injury Insurance Administrative Cases", etc., construction companies with employer qualifications should bear the responsibility for work injury insurance for injured migrant workers. However, this is a legal responsibility imposed on construction companies by judicial interpretation, which is a breakthrough in the traditional theory that labor relations are a prerequisite for work injury identification. It cannot be used to reversely infer the existence of labor relations between the two parties based on the undertaking of work injury insurance liability. Case Number: (2015) Zhe Shao Min Zhong Zi Di 1149 Hao Court of Trial: Shaoxing Intermediate People's Court Source: "Civil Trial Guidance and Reference", 2015, No. 4 (Total No. 64) Judicial Views: 1. There is no labor relationship between the worker (migrant worker) hired by the actual constructor (project manager) and the construction company with employer qualifications. First, there is no indication of establishing a labor relationship between the contractor, subcontractor or sub-contractor with employer qualifications before the actual constructor and the worker, nor is there any agreement on establishing a labor relationship. Article 3 of the Labor Contract Law of China clearly stipulates that the establishment of a labor relationship must follow the principle of voluntariness. Voluntariness means that the conclusion of a labor contract is entirely based on the true will of both the worker and the employer, and is reached through mutual agreement between both parties, and neither party may impose its will on the other party. The principle of voluntariness includes: whether or not to enter into a labor contract is up to both parties, with whom to enter into a labor contract is up to both parties, and the content of the contract depends on the voluntariness of both parties. In reality, workers often do not know who the contractor, subcontractor, or subcontractor with employer qualifications before the actual constructor is, and the contractor, subcontractor, or subcontractor is equally unaware of who the worker is, whether they actually provided labor services for their project. In this situation where there is a complete lack of mutual agreement between the two parties, directly confirming that there is a legal labor relationship between them does not comply with the principle of being truthful to facts. If the contractor, subcontractor, or subcontractor with employer qualifications before the actual constructor does not intend to conclude a labor contract with the worker, if we forcibly determine that there is a labor relationship between them through arbitration or judicial judgment, it will violate the provisions of the principle of voluntariness in the general principles of the Labor Contract Law. Second, if it is determined that there is a labor relationship between the contractor, subcontractor, or subcontractor with employer qualifications before the actual constructor and the worker, then the contractor, subcontractor, or subcontractor with employer qualifications will bear the responsibilities under labor law to the worker, and the actual constructor who actually hires the worker and bears the management function will no longer bear any legal responsibility, such a handling method obviously does not conform to the principle of fairness. If we allow this practice, the actual constructor will be easily able to evade the corresponding legal responsibilities. In addition, if we forcibly determine that there is a labor relationship between the contractor, subcontractor, or subcontractor with employer qualifications before the actual constructor and the worker, it will also lead to a series of intractable practical problems: Workers will request to sign a written labor contract with the contractor, subcontractor, or subcontractor; request to handle social insurance procedures for them; request to pay double the wages that should be paid for not signing a written labor contract, etc. These requirements are obviously not to be supported. Third, we believe that the contractor, subcontractor, or subcontractor has violated the relevant provisions of the Construction Law and should bear the corresponding administrative or civil liabilities. In order to achieve the purpose of sanctioning such illegal subcontracting, sub-contracting, or sub-contracting behaviors, the relevant provisions of the Labor Contract Law cannot be arbitrarily exceeded, and a labor relationship that does not exist can not be forcibly determined. Finally, although it is not determined that there is a labor relationship between the contractor, subcontractor, or subcontractor with employer qualifications before the actual constructor and the worker, it does not mean that the worker's civil rights and interests are not protected. Article 94 of the Labor Contract Law stipulates: "If an individual contractor violates the provisions of this law in recruiting workers and causes damage to the workers, the contracting organization and the individual contractor shall bear joint and several liability for compensation." In practice, individual contractors (that is, the actual constructor) often do not have the sufficient financial resources to bear civil liability. In order to protect the rights and interests of workers, the contractor, subcontractor, or subcontractor shall bear joint and several civil compensation liabilities when the workers suffer losses. This is conducive to providing comprehensive protection for workers. From the perspective of litigation procedures, workers can either sue the actual constructor alone, or list the contractor, subcontractor, or subcontractor and the actual constructor as joint defendants; from the perspective of substantive handling, workers can require the actual constructor to bear full or partial compensation liability, or require the contractor, subcontractor, or subcontractor to bear full or partial compensation liability, or require the contractor, subcontractor, or subcontractor and the actual constructor to bear joint and several compensation liability. 2. The labor relationship confirmation and work injury compensation liability undertaking are implemented separately between workers hired by the actual constructor and the construction company. It is usually recognized that work injury identification is based on the premise that both parties have a labor relationship. However, due to the objective actual situation in the construction field, construction companies bear the responsibility for work injury insurance mainly to protect the livelihood rights of workers, which belongs to legally prescribed substitute liability, and is different from the ultimate responsibility of employers for workers' work injury insurance in labor relations. In the construction field, a two-pronged approach should be adopted for labor relations and work injury compensation liabilities between the workers (migrant workers) hired by the actual constructor and the construction companies with legal employer qualifications. If a migrant worker hired by the actual constructor is injured and requests confirmation of a labor relationship with a construction company with legal employer qualifications, the civil lawsuit should not be supported. However, in accordance with the relevant provisions of the "Judicial Interpretation on Work Injury Administrative Cases", the injured migrant worker may apply for work injury identification, and determine that the construction company with legal employer qualifications is the person responsible for work injury. Although the construction company bears the responsibility for work injury insurance for injured migrant workers, this does not reversely infer that there is a labor relationship between the two parties. This is a legal responsibility imposed on construction companies by judicial interpretation, which is a breakthrough in the traditional theory that labor relations are a prerequisite for work injury identification. 3. The implementation of the two-pronged approach of labor relationship confirmation and work injury compensation liability undertaking between workers hired by the actual constructor and construction companies is conducive to resolving the problems at the intersection of civil and administrative cases. If a two-pronged approach is not adopted for the issues of labor relationship confirmation and work injury compensation liability undertaking between workers (migrant workers) hired by the project manager (actual constructor) and the contracting construction companies in the construction field, the civil and administrative litigation in the courts will fall into a delicate situation of mutual constraint. First, if the parties first go through administrative litigation and confirm the factual labor relationship and determine the work-related injury. Then, in the civil litigation, there will be various disputes such as double wages for not signing a written labor contract, overtime pay, economic compensation, and payment of social insurance arrears. Once such lawsuits spread, the impact will be significant due to the numerous aspects of labor relations. There have been cases in Jinhua, Zhejiang Province, where the administrative judgment determined that there was a factual labor relationship between the injured migrant worker and the construction contractor, and that it constituted a work-related injury. Afterwards, the worker filed a civil lawsuit, putting forward various claims based on the labor relationship. In view of the fact that the effective administrative judgment has already confirmed the factual labor relationship, the civil trial can only support this. Second, if the parties first go through civil judgment and it is confirmed that there is no factual labor relationship between the two parties, the administrative trial will inevitably face the problem of whether to determine the work-related injury. If the work-related injury is not identified, it will conflict with the provisions of the above-mentioned "Judicial Interpretation on Work Injury Administrative Cases". If the work-related injury is identified, it is on the premise that there is no labor relationship, and confirms that the construction company bears the responsibility for work injury compensation, returning to the approach of separating labor relationship confirmation and work injury insurance liability. Furthermore, in addition to cases of worker injury where the labor relationship can be determined through the work injury identification procedure and administrative litigation of the social insurance administrative department, labor relationship determination is generally carried out through labor arbitration and civil litigation. If the workers (migrant workers) hired by the actual constructor are injured or die, and it is determined through administrative litigation that there is a labor relationship between them and the construction company, but there is no labor relationship between other uninjured workers (migrant workers) hired by the actual constructor working in the same place and the construction company, it will lead to a logical paradox of different relationships for the same work. (The above content is excerpted from: "Definition of the Legal Relationship Between Workers (Migrant Workers) Hired by the Project Manager (Actual Constructor) and the Construction Company - Deng Zhengbo v. Shaoxing County Guangyou Labor Service Subcontracting Engineering Co., Ltd. Case for Confirmation of Labor Relationship Dispute", published in "Civil Trial Guidance and Reference", 2015, No. 4 (Total No. 64), edited by Du Wanghua, compiled by the First Civil Trial Division of the Supreme People's Court, published by the People's Court Press in June 2016. Authors: Jiang Yuqi, Judge, Civil Division I, Zhejiang Higher People's Court; Zhang Jianrong, Director of Research Office, Shaoxing Intermediate People's Court, Zhejiang Province.)