经营性网站备案登记管理暂行办法_法律英语

经营性网站备案登记管理暂行办法

文章来源：文章作者：发布时间：2007-06-01 01:28 字体： [大中小]　进入论坛

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(Promulgated by the Beijing Municipal Administration for Industry and Commerce on 28 August 2000. Corrected by the Beijing Municipal Administration for Industry and Commerce on 30 August 2000. Effective as of 1 September 2000.)
颁布日期：20000828 　实施日期：20000901 　颁布单位：北京市工商行政管理局

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Procedures have been formulated¹ in accordance with relevant State laws and regulations, in order to protect the lawful² rights and interests of business-related website owners and to regulate website business.

　　Article 2　The Beijing Municipal Administration for Industry and Commerce is the record-filing authority for Beijing websites (the "Record-filing Authority").

　　Article 3　For the purposes of these Procedures, the term "business-related website" means an electronic platform that has an independent domain³ name submitted to the domain name administration authority and that the website owner has established using internet technology in order to realize its/his objective of engaging in activities such as publishing information or advertisements, establishing e-mail boxes and/or carrying out commercial activities, or providing others with the internet space required to carry out the aforementioned acts.

　　The term "website owner" means the owner of a website's domain name, except that if the contract provides otherwise, the stipulations of the contract shall prevail.

　　Article 4　For the purposes of these Procedures, the term "business-related website" means a website that has either of the following characteristics:

　　1. the website owner or one of the website owners is an enterprise; or

　　2. the website is used to engage in for-profit business activities.

　　Article 5　Business-related website owners shall apply for record-filing to, and obtain a Business-related Website Record-filing Certificate from, the Record-filing Authority and install the mark of electronic record-filing (the "Electronic Mark") on the homepage of their websites.

　　Business-related Website Record-filing Certificates and Electronic Marks will be centrally prepared by the Beijing Municipal Administration for Industry and Commerce.

　　Article 6　Business-related website owners shall have information censors⁴, who shall prevent and remove, in a timely manner, any type of information that is illegal, offends public morals or adversely⁵ affects the development of socialist⁶ culture and ideology⁷.

　　Article 7　In the course of operating their websites, business-related website owners must abide⁸ by State laws and regulations, adhere to professional ethics⁹, promote the development of socialist culture and ideology, strengthen internal control, accept supervision¹⁰ by the government and the public and prevent any kind of illegal business acts.

　　PART TWO　APPLICATION FOR, AND EXAMINATION AND APPROVAL OF, THE RECORD-FILING OF BUSINESS-RELATED WEBSITES

　　Article 8　The establishment of a business-related website shall, mutatis mutandis, be administered as the establishment of an enterprise branch. Specific matters expressly provided for herein shall be handled in accordance with these Procedures.

　　Article 9　Application for the record-filing of a business-related website shall be made by the website owner.

　　If the website owner entrusts¹¹ another person with handling the record-filing of its/his website, matters shall be handled in accordance with the regulations of the Record-filing Authority.

　　Article 10　Website owners that establish business-related websites shall have a corresponding scope of business.

　　Where business-related websites established prior to the date of promulgation¹² hereof do not satisfy the requirement of the preceding paragraph, the Owners thereof shall register the change in their scope of business with their local administration for industry and commerce within 30 days of the date of promulgation hereof.

　　Article 11　Individuals who establish business-related websites shall carry out the relevant business registration¹³ procedures and obtain a business licence before they apply for website record-filing.

　　Individuals who established business-related websites prior to the promulgation hereof shall retroactively carry out the above-mentioned procedures with their local administration for industry and commerce.

　　Article 12　The particulars of a business-related website record-filing include the basic details of the website and the website owner. The website owner shall truthfully fill out and submit the relevant documents and supporting materials as required by the Record-filing Authority.

　　Article 13　When carrying out the procedures for record-filing of a business-related website, registration of the name of the website shall be applied¹⁴ for at the same time.

　　Article 14　Application for, and the obtaining, change and de-registration of, website names and other related issues shall be handled by the Record-filing Authority in accordance with the relevant provisions of the Beijing Municipality, Administration of the Registration of Website Names Tentative Procedures and the Implementing¹⁵ Rules therefor.

　　Article 15　Applicants¹⁷ for website record-filing shall file their applications online and supply the relevant record-filing information in accordance with the forms and stipulated¹⁸ procedures provided on the Hong Dun 315 website (http://www.hd315.gov.cn).

　　Article 16　Applicants shall provide the Record-filing Authority with written supporting materials within 30 days after completing the online application procedures.

　　If the applicant¹⁶ fails to submit the written supporting materials within the prescribed time limit, it/he shall be deemed to have withdrawn¹⁹ its/his application.

　　Article 17　After the Record-filing Authority has approved the application documents submitted by the website owner, it shall guide the website owner in downloading and installing the Electronic Mark. Trial operation may commence after the Electronic Mark has been installed correctly.

　　Article 18　During the trial operation period, the Record-filing Authority will announce the registered website name applied for by the applicant, in accordance with the Beijing Municipality, Administration of the Registration of Website Names Tentative Procedures.

　　The trial operation period shall be the period for filing oppositions²⁰ to the registered website name. During such period, the website owner shall have no proprietary²¹ rights to the website name applied for.

　　Article 19　The Record-filing Authority will issue a Website Name Registration Certificate and a Business-related Website Record-filing Certificate, and make an announcement, in respect of websites whose registered website names have been approved. At such point, the website owners will commence to have proprietary rights to the registered website names, and the operational status of their websites will automatically change to formal operation.

　　Article 20　The owners of websites whose names did not survive the period for the filing of oppositions to registered website names may re-apply for registered website name registration. During the re-application period, the time for trial operation of the website, and the time for website name announcement, disputes, arbitration²² and approval shall be extended correspondingly.

　　The time of continuous trial operation of a business-related website shall not exceed one year.

　　PART THREE　AMENDMENT²³, ASSIGNMENT AND ANNUAL INSPECTION²⁴ OF THE RECORD-FILING OF BUSINESS-RELATED WEBSITES

　　Article 21　If a change occurs in the recorded particulars of a business-related website, the website owner shall apply for amendment thereof to the Record-filing Authority.

　　Changes in website names shall be handled in accordance with the relevant provisions of the Beijing Municipality, Administration of the Registration of Website Names Tentative Procedures.

　　Article 22　Where a business-related website is assigned, the assignor shall apply for de-registration and submit the assignment agreement between the two parties to the assignment.

　　Following approval by the Record-filing Authority, the assignor will lose the corresponding right to engage in online business and the proprietary rights to the registered website name, and the Record-filing Authority will recover the assignor's Website Name Registration Certificate and Business-related Website Record-filing Certificate.

　　Article 23　The assignee shall apply for record-filing to the Record-filing Authority in accordance with these Procedures. After granting approval, the Record-filing Authority will issue a Website Name Registration Certificate and a Business-related Website Record-filing Certificate, and make an announcement.

　　Article 24　After having obtained a Business-related Website Record-filing Certificate, the business-related website owner shall each year apply to the Record-filing Authority for annual inspection. If a change has occurred in the recorded particulars, it/he shall simultaneously²⁵ apply to the Record-filing Authority for amendment.

　　PART FOUR　CANCELLATION²⁶ OF THE RECORD-FILING OF BUSINESS-RELATED WEBSITES

　　Article 25　If a website owner ceases to operate its/his website because it/he has gone out of business, been closed down or been declared bankrupt, or for another reason, it/he shall carry out procedures for cancellation of record-filing with the Record-filing Authority.

　　Article 26　To apply for cancellation of record-filing, the website owner shall submit a written application for cancellation of record-filing and other relevant supporting materials to the Record-filing Authority. After having approved the application, the Record-filing Authority will take back the website owner's Website Name Registration Certificate and Business-related Website Record-filing Certificate and cancel its/his Electronic Mark.

　　PART FIVE　SUPERVISION AND ADMINISTRATION OF THE RECORD-FILING OF BUSINESS-RELATED WEBSITES

　　Article 27　If a website owner fails to operate its/his website within six months after obtaining its/his Business-related Website Record-filing Certificate or suspends the operation of its/his website for one year or more, the Record-filing Authority will take back its/his Website Name Registration Certificate and Business-related Website Record-filing Certificate and cancel its/his Electronic Mark.

　　Article 28　Anyone who violates Article 10 or 11 hereof will be punished by the Record-filing Authority in accordance with relevant laws and regulations.

　　Article 29　The Record-filing Authority may order rectification²⁷ by the website owner and, in serious cases, revoke²⁸ its/his Business-related Website Record-filing Certificate, cancel the Electronic Mark and make an announcement if a website owner:

　　1. conceals²⁹ the true situation and practises fraud in the course of record-filing;

　　2. counterfeits³⁰, alters, rents, lends or sells its/his Business-related Website Record-filing Certificate or assigns it without authorization³¹;

　　3. incorrectly installs the Electronic Mark and refuses to rectify³² the installation, or makes unauthorized alterations³³ to the Electronic Mark;

　　4. fails to carry out procedures for cancellation of record-filing or procedures for annual inspection in accordance with regulations; or

　　5. uses a recorded website to engage in illegal business activities.

　　Article 30　With respect to websites that were established prior to the promulgation hereof but for which no website record-filing procedures have been carried out, record-filing application shall be made to the Record-filing Authority within 60 days of the date of promulgation hereof. If application is not made within the prescribed time limit, the administration for industry and commerce will order rectification and, if the case is serious, investigate and handle the matter pursuant to the laws and regulations concerning the administration of industry and commerce.

　　Article 31　If a website owner counterfeits the Electronic Mark, the administration for industry and commerce will investigate and handle the matter in accordance with relevant laws and regulations.

　　PART SIX　SUPPLEMENTARY³⁴ PROVISIONS

　　Article 32　With respect to websites for which record-filing of online business has been carried out prior to the date of implementation³⁵ of these Procedures, appropriate procedures shall be carried out retroactively in accordance with the relevant regulations posted on the Hong Dun 315 website.

　　Article 33　The Beijing Municipal Administration for Industry and Commerce is responsible for interpreting these Procedures.

　　Article 34　These Procedures shall be implemented³⁶ from 1 September 2000.

　　At the same date, the Beijing Municipality, Record-filing of Online Business Notice issued by the Beijing Municipal Administration for Industry and Commerce on 28 March 2000 and the Beijing Municipality, Record-filing of Online Business Supplementary Notice issued by the Beijing Municipal Administration for Industry and Commerce on 18 May 2000 shall be repealed³⁷.

　　(For Editor's notes, see Beijing Municipality, Administration of the Registration of Website Names Tentative Procedures Editors' notes, vol 5 - media, ref 5600/2000.08.15/BJ(1))

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收听单词发音

1 formulated
v.构想出( formulate的过去式和过去分词 )；规划；确切地阐述；用公式表示
参考例句：
He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。来自《简明英汉词典》 This idea can be formulated in two different ways. 这个意思可以有两种说法。来自《现代汉英综合大词典》

2 lawful
adj.法律许可的，守法的，合法的
参考例句：
It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。 We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

3 domain
n.(活动等)领域，范围；领地，势力范围
参考例句：
This information should be in the public domain.这一消息应该为公众所知。 This question comes into the domain of philosophy.这一问题属于哲学范畴。

4 censors
删剪（书籍、电影等中被认为犯忌、违反道德或政治上危险的内容）( censor的第三人称单数 )
参考例句：
The censors eviscerated the book to make it inoffensive to the President. 审查员删去了该书的精华以取悦于总统。 The censors let out not a word. 检察官一字也不发。

5 adversely
ad.有害地
参考例句：
We commented adversely upon the imbecility of that message of telegraphic style. 我们对着这条电报式的愚蠢的留言发泄了一通不满。 Widely fluctuating exchange rates may adversely affect international trade. 浮动幅度很大的汇率可能会对国际贸易产生有害的影响。

6 socialist
n.社会主义者；adj.社会主义的
参考例句：
China is a socialist country,and a developing country as well.中国是一个社会主义国家，也是一个发展中国家。 His father was an ardent socialist.他父亲是一个热情的社会主义者。

7 ideology
n.意识形态，(政治或社会的)思想意识
参考例句：
The ideology has great influence in the world.这种思想体系在世界上有很大的影响。 The ideal is to strike a medium between ideology and inspiration.我的理想是在意识思想和灵感鼓动之间找到一个折衷。

8 abide
vi.遵守；坚持；vt.忍受
参考例句：
You must abide by the results of your mistakes.你必须承担你的错误所造成的后果。 If you join the club,you have to abide by its rules.如果你参加俱乐部，你就得遵守它的规章。

9 ethics
n.伦理学；伦理观，道德标准
参考例句：
The ethics of his profession don't permit him to do that.他的职业道德不允许他那样做。 Personal ethics and professional ethics sometimes conflict.个人道德和职业道德有时会相互抵触。

10 supervision
n.监督，管理
参考例句：
The work was done under my supervision.这项工作是在我的监督之下完成的。 The old man's will was executed under the personal supervision of the lawyer.老人的遗嘱是在律师的亲自监督下执行的。

11 entrusts
v.委托，托付( entrust的第三人称单数 )
参考例句：
It is the bank to which the seller entrusts the documents. 一方是托收银行，是受卖方的委托接收单据的银行。来自互联网 Mr. Thomas entrusts the Bank of Paris to pay money to us. 托马斯先生委托巴黎银行向我们付款。来自互联网

12 promulgation
n.颁布
参考例句：
The new law comes into force from the day of its promulgation. 新法律自公布之日起生效。来自《简明英汉词典》 Article 118 These Regulations shall come into effect from the day of their promulgation. 第一百一十八条本条例自公布之日起实施。来自经济法规部分

13 registration
n.登记，注册，挂号
参考例句：
Marriage without registration is not recognized by law.法律不承认未登记的婚姻。 What's your registration number?你挂的是几号？

14 applied
adj.应用的；v.应用，适用
参考例句：
She plans to take a course in applied linguistics.她打算学习应用语言学课程。 This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。

15 implementing
v.实现( implement的现在分词 )；执行；贯彻；使生效
参考例句：
-- Implementing a comprehensive drug control strategy. ――实行综合治理的禁毒战略。来自汉英非文学 - 白皮书 He was in no hurry about implementing his unshakable principle. 他并不急于实行他那不可动摇的原则。来自辞典例句

16 applicant
n.申请人，求职者，请求者
参考例句：
He was the hundredth applicant for the job. 他是第100个申请这项工作的人。 In my estimation, the applicant is well qualified for this job. 据我看, 这位应征者完全具备这项工作的条件。

17 applicants
申请人，求职人( applicant的名词复数 )
参考例句：
There were over 500 applicants for the job. 有500多人申请这份工作。 He was impressed by the high calibre of applicants for the job. 求职人员出色的能力给他留下了深刻印象。

18 stipulated
vt.& vi.规定；约定adj.[法]合同规定的
参考例句：
A delivery date is stipulated in the contract. 合同中规定了交货日期。 Yes, I think that's what we stipulated. 对呀，我想那是我们所订定的。来自辞典例句

19 withdrawn
vt.收回；使退出；vi.撤退，退出
参考例句：
Our force has been withdrawn from the danger area.我们的军队已从危险地区撤出。 All foreign troops should be withdrawn to their own countries.一切外国军队都应撤回本国去。

20 oppositions
（强烈的）反对( opposition的名词复数 )；反对党；（事业、竞赛、游戏等的）对手；对比
参考例句：
That's fine because all perihelic oppositions of Mars are spectacular. 但它和最近的几次区别不大，因为火星所有的近日对冲都很壮观。 He tried his best to bear down all of his oppositions. 他尽全力击败一切反对意见。

21 proprietary
n.所有权，所有的；独占的；业主
参考例句：
We had to take action to protect the proprietary technology.我们必须采取措施保护专利技术。 Proprietary right is the foundation of jus rerem.所有权是物权法之根基。

22 arbitration
n.调停，仲裁
参考例句：
The wage disagreement is under arbitration.工资纠纷正在仲裁中。 Both sides have agreed that the arbitration will be binding.双方都赞同仲裁具有约束力。

23 amendment
n.改正，修正，改善，修正案
参考例句：
The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。 The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

24 inspection
n.检查，审查，检阅
参考例句：
On random inspection the meat was found to be bad.经抽查，发现肉变质了。 The soldiers lined up for their daily inspection by their officers.士兵们列队接受军官的日常检阅。

25 simultaneously
adv.同时发生地，同时进行地
参考例句：
The radar beam can track a number of targets almost simultaneously.雷达波几乎可以同时追着多个目标。 The Windows allow a computer user to execute multiple programs simultaneously.Windows允许计算机用户同时运行多个程序。

26 cancellation
n.删除，取消
参考例句：
Heavy seas can cause cancellation of ferry services.海上风浪太大，可能须要取消渡轮服务。 Her cancellation of her trip to Paris upset our plan.她取消了巴黎之行打乱了我们的计划。

27 rectification
n. 改正, 改订, 矫正
参考例句：
The process of producing a shift of the average value is called rectification. 产生平均值移动的过程叫做整流。 This effect, in analogy to its radiofrequency counterpart, is known as optical rectification. 同它的射频对应物相仿，这种现象称为光学整流。

28 revoke
v.废除，取消，撤回
参考例句：
The university may revoke my diploma.大学可能吊销我的毕业证书。 The government revoked her husband's license to operate migrant labor crews.政府撤销了她丈夫管理外来打工人群的许可证。

29 conceals
v.隐藏，隐瞒，遮住( conceal的第三人称单数 )
参考例句：
He conceals his worries behind a mask of nonchalance. 他装作若无其事，借以掩饰内心的不安。来自《简明英汉词典》 Drunkenness reveals what soberness conceals. 酒醉吐真言。来自《简明英汉词典》

30 counterfeits
v.仿制，造假( counterfeit的第三人称单数 )
参考例句：
Objects and people looked like counterfeits of themselves. 各种人和事好象都给自己披上了伪装。来自辞典例句 We have seen many counterfeits, but we are born believers in great men. 我们见过许多骗子，但是我们天生信赖伟人。来自辞典例句

31 authorization
n.授权，委任状
参考例句：
Anglers are required to obtain prior authorization from the park keeper.垂钓者必须事先得到公园管理者的许可。 You cannot take a day off without authorization.未经批准你不得休假。

32 rectify
v.订正，矫正，改正
参考例句：
The matter will rectify itself in a few days.那件事过几天就会变好。 You can rectify this fault if you insert a slash.插人一条斜线便可以纠正此错误。

33 alterations
n.改动( alteration的名词复数 )；更改；变化；改变
参考例句：
Any alterations should be written in neatly to the left side. 改动部分应书写清晰，插在正文的左侧。来自《简明英汉词典》 Gene mutations are alterations in the DNA code. 基因突变是指DNA 密码的改变。来自《简明英汉词典》

34 supplementary
adj.补充的，附加的
参考例句：
There is a supplementary water supply in case the rain supply fails.万一主水源断了，我们另外有供水的地方。 A supplementary volume has been published containing the index.附有索引的增补卷已经出版。

35 implementation
n.实施，贯彻
参考例句：
Implementation of the program is now well underway.这一项目的实施现在行情看好。

36 implemented
v.实现( implement的过去式和过去分词 )；执行；贯彻；使生效
参考例句：
This agreement, if not implemented, is a mere scrap of paper. 这个协定如不执行只不过是一纸空文。来自《现代汉英综合大词典》 The economy is in danger of collapse unless far-reaching reforms are implemented. 如果不实施影响深远的改革，经济就面临崩溃的危险。来自辞典例句

37 repealed
撤销，废除( repeal的过去式和过去分词 )
参考例句：
The Labour Party repealed the Act. 工党废除了那项法令。 The legislature repealed the unpopular Rent Act. 立法机关废除了不得人心的租借法案。

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