Jiangxi Provincial Construction Engineering Group Co., Ltd.'s Announcement on the Remuneration and Welfare Benefits of the Person in Charge in 2018

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

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...

Jiangxi Construction Group Co., Ltd. Announcement on the Remuneration and Welfare Benefits of the Company's Responsible Person in 2017