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中华人民共和国枪支管理法 LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE CONTROL OF FIREARMS

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(Adopted at the 20th Meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1996, promulgated by Order No. 72 of the President of the People's Republic of China on July 5, 1996)
颁布日期:19960705  实施日期:19961001  颁布单位:全国人大常委会

  Contents

  Chapter I General Provisions

  Chapter II The Equipment with and Allocation of Firearms

  Chapter III Manufacture of Firearms and Rationing of Civil-Use Firearms

  Chapter IV Routine Control of Firearms

  Chapter V Transportation of Firearms

  Chapter VI Entry and Exit of Firearms

  Chapter VII Legal Responsibility

  Chapter VIII Supplementary Provisions

  Chapter I General Provisions

  Article 1 This Law is formulated for the purposes of strengthening the control of firearms, maintaining the public orderand safeguarding the public security.

  Article 2 This Law shall apply to the control of firearms within the territory of the People's Republic of China.

  If the State Council or the Central Military Commission has special provisions concerning the control of firearms forthe equipment of the Chinese People's Liberation Army, Chinese People's Armed Police Force and the Militia, thoseprovisions shall prevail.

  Article 3 The state shall strictly control firearms. All units and individuals shall be forbidden to hold, manufacture(doctor or assemble), tradein, transport, hire out or lend out firearms in violation of the law.

  The state shall severely punish those committing illegal activities and criminal offenses breaking the firearm controlregulations. All units and individuals shall have the duty to inform relevant authorities against acts violating the firearm control regulations. The state shall protect the informers and give rewards to those having rendered great service in informing against criminal offenses breaking the firearm control regulations.

  Article 4 The department of public security of the State Council shall take charge of the nationwide control of firearms. Public security organs of local people's governments at and above the county level shall be responsible for the control of firearms within their respective regions. The public security organs of higher-level people's government shall supervise the public security organs of the lower-level people's government with regard to the control of firearms.

  Chapter II The Equipment with and Allocation of Firearms

  Article 5 The policemen in public security organs, state security organs, prisons and reeducation-through-labor organs, judicial policemen of people's courts, judicial policemen and procuratorial personnel who take on the investigation of law cases in people's procuratorates and anti-contraband personnel of the customs may be equipped with firearms for official use if it is really necessary for them to carry firearms in performing their duties in accordance with the law.

  Full-time guards and transport escorts with the state's important war industrial, financial, storing and scientific research units may be equipped with firearms for official use if it is really necessary for them to carry firearms in performing their duties in guarding or escorting.

  The special measures for giving equipment with firearms for official use shall be formulated by the department of public security of the State Council in conjunction with other relevant state organs on the principle of strict control, and be implemented after submitted to and approved by the State Council.

  Article 6 Firearms for civil use may be allocated to the following units:

  (1) Units approved by the administrative department of physical culture and sports of the people's government at the provincial level to specialize in shooting sports, and shooting ranges for commercial purpose approved by the public security organs of the people's government at the provincial level may have the allocation of sports guns;

  (2) Hunting fields approved by the administrative department of forestry of the people's government at or above the provincial level may have the allocation of hunting rifles; and

  (3) Units engaging in the protection, breeding or scientific research of wild animals may have the allocation of hunting rifles and narcotic-injection guns.

  Huntsmen in hunting areas and herdsmen in pastoral areas may apply for an allocation of hunting rifles. The territories of hunting areas and pasturage areas shall be delimited by the people's government at the provincial level. The special measures for allocation of civil-use firearms shall be formulated by the department of public security of the State Council on the principle of strict control, and be implemented after submitted to and approved by the State Council.

  Article 7 Having firearms for official use shall be unifiedly examined and approved by the department of public security of the State Council.

  With the granting of firearms for official use, a certificate for holding official-use firearms shall be issued by the department of public security of the State Council or the public security organ of the people's government at the provincial level.

  Article 8 The allocation of sports guns to units specializing in shooting sports shall be proposed by the administrative department of physical culture and sports of the State Council and examined and approved by the department of public security of the State Council. The allocation of sports guns to shooting ranges for commercial purpose shall be submitted by the public security organ of the people's government at the provincial level to the department of public security of the State Council for approval.

  With the allocation of sports guns, a certificate for holding civil-use firearms shall be issued by the public security organ of the people's government at the provincial level.

  Article 9 Applications by hunting fields for allocation of hunting rifles shall be submitted to the public security organ of the people's government at or above the provincial level for approval against the approval document issued by the administrative department of forestry of the people's government at or above the provincial level and, with the approval of said public security organ, the public security organ of the people's government at the districted-city level shall issue a ration certificate for civil-use firearms.

  Article 10 For applying for an allocation of hunting rifles or narcotic injection-guns, the unit engaging in the protection, breeding or scientific research of wild animals shall submit the application to the local public security organ of the people's government at the county level by producing its business license and the hunting license or special permit for hunting issued by the local administrative department for wild animals of the people's government at the county level. Huntsmen applying for the allocation of hunting rifles shall submit the application to the local public security organ of the people's government at the county level by producing their identity card and the hunting license issued by the local administrative department for wild animals of the people's government at the county level. Herdsmen applying for the allocation of hunting rifles shall submit the application to the local public security organ of the people's government at the county level by producing their identity card.

  After examination and approval by the public security organ handling the application, an application shall be submitted to the public security organ of the people's government at the districted-city level for a ration certificate for civil-use firearms.

  Article 11 Units and individuals making the ration purchase of hunting rifles or narcotic-injection-guns must, within 30 days after the purchase, apply to the public security organ issuing the ration certificate for civil use firearms for a certificate for holding civil-use firearms.

  Article 12 Civil-use firearms allocated to shooting ranges or hunting fields for commercial purpose may not be carried out of the said shooting ranges or hunting fields.

  Hunting rifles allocated to huntsmen or herdsmen may not be carried out of the hunting areas or pasturage areas.

  Chapter III Manufacture of Firearms and Rationing of Civil-Use Firearms

  Article 13 The state shall adopt a special licensing system to the manufacture and rationing of firearms. No unit or individual may manufacture or trade in firearms without license.

  Article 14 Official-use firearms shall be manufactured by the enterprises designated by the state.

  Article 15 Enterprises for manufacturing civil-use firearms shall be proposed by relevant departments of the State Council and determined by the department of public security of the State Council.

  Enterprises for rationing out civil-use firearms shall be determined by the public security organ of the people's government at the provincial level.

  A license for manufacturing civil-use firearms shall be issued by the department of public security of the State Council to the approved manufacturing enterprise. A license for rationing out civil-use firearms shall be issued by the public security organ of the people's government at the provincial level to the approved rationing enterprise.

  The term of validity of license for either manufacturing or rationing out civil-use firearms shall be three years; if it is needed to continue the manufacture or rationing of civil-use firearms when the period of validity expires, an application shall be submitted for a fresh license.

  Article 16 The state shall make quota control on the quantity of civil use firearms manufactured and rationed out.

  The annual quota for civil-use firearms to be manufactured shall be proposed by the administrative department of forestry, the physical culture and sports and other relevant departments of the State Council and the public security organ of the people's government at the provincial level, and determined, unifiedly numbered and then allocated to the manufacturing enterprises by the department of public security of the State Council.

  The annual quota for civil-use firearms to be rationed out shall be proposed by the administrative department of forestry, physical culture and sports and other relevant departments of the State Council and the public security organ of the people's government at the provincial level, and determined and allocated to the rationing enterprises by the department of public security of the State Council.

  Article 17 Enterprises manufacturing civil-use firearms may not manufacture civil-use firearms in excess of quota. They must deliver all the firearms they have manufactured to the designated rationing enterprise and may not sell the firearms by themselves. Enterprises rationing out civil-use firearms shall, within the rationing quota, ration out the civil-use firearms manufactured by the designated enterprise.

  Article 18 Enterprises manufacturing civil-use firearms must manufacture the firearms in strict accordance with the technical standards stipulated by the state and may not make any changes in the performance or structure of the civil-use firearms; they must on the designated position of the body of firearms cast the name of manufacturer, the category code of the firearms and the serial number unifiedly given by the department of public security of the State Council and may not manufacture civil-use firearms which have no number or have an overlapping or false number.

  Enterprises manufacturing civil-use firearms must adopt closed management, take safety and protective measures and prevent the loss of civil-use firearms or their components.

  Article 19 The ration certificate must be checked when civil-use firearms are rationed out. The civil-use firearms must be rationed out in strict accordance with the category, type and quantity indicated in the ration certificate. The certificate for holding firearms must be checked when the ammunition is rationed out. Enterprises rationing out civil-use firearms must, in accordance with the provisions of the department of public security of the State Council, set up rationing account books and keep them permanently for reference.

  Article 20 Public security organs must conduct regular inspections on enterprises manufacturing or rationing out civil-use firearms with regard to the situation of manufacturing, rationing, storing and the keeping of account books and, when necessary, may send resident supervisors and inspectors to the manufacturing enterprises.

  Article 21 The development and design-finalization of civil-use firearms shall be organized and carried out by relevant competent departments of the State Council in conjunction with the department of public security of the State Council.

  Article 22 It is forbidden to make or sell imitations of genuine firearms.

  Chapter IV Routine Control of Firearms

  Article 23 Units and individuals equipped with firearms or those with the allocation of firearms must take care of the firearms and ensure the safety of firearms.

  Units equipped with firearms or those with the allocation of firearms must clarify the responsibility for the care of firearms and put someone special in charge. They shall have secure storing facilities and keep the firearms and ammunition separately. In the case of firearms assigned to individuals, the unit must establish a strict control system for the registration, transfer, inspection and maintenance of the firearms, and the firearms assigned to individuals must be called in as soon as their service has ended.

  Effective measures must be taken to safeguard the firearms assigned to individuals from theft, forcible seizure, loss or other accidents.

  Article 24 Persons using firearms must grasp the performance of the firearms, abide by regulations concerning the use of firearms and guarantee a legal and safe use of firearms. Persons using official-use firearms must receive special training.

  Article 25 Units and individuals equipped with and those with the allocation of firearms must abide by the following provisions:

  (1) Those carrying firearms must on the same time take along the certificate for holding firearms, otherwise the public security organ may detain the firearms;

  (2) Firearms shall not be carried in regions or places where they are forbidden to be carried; and

  (3) In case of theft, forcible seizure or loss of firearms, a report must by delivered to the public security organ without delay.

  Article 26 When a person equipped with official-use firearms no longer meets the conditions for holding firearms, the relevant unit shall call in the firearms and the certificate for holding firearms.

  Units and individuals with the allocation of civil-use firearms must, when they no longer meet the conditions for holding firearms, turn over in good time the firearms together with the certificate for holding firearms to the public security organ issuing the certificate; those which are not turned over in good time shall be taken over by the public security organ.

  Article 27 Firearms that fail to meet the national technical standards and thus cannot be used safely shall be scrapped. Units and individuals equipped with and those holding firearms shall turn over the scrapped firearms together with the certificate for holding firearms to the public security organ issuing the certificate; those which are not turned over in good time shall be taken over the public security organ. Scrapped firearms shall be destroyed without delay.

  The destruction of firearms shall be organized and carried out by the public security organ of the people's government at the provincial level.

  Article 28 The state shall adopt an inspection system for firearms. Units and individuals holding firearms shall submit to inspection at the time and place designated by the public security organ. When conducting inspection, the people's security organ must make a strict examination as to whether the unit or individual holding firearms meets the conditions specified by this Law, and check on the condition and use of the firearms; firearms being used illegally or held by those without stipulated conditions or firearms which should be scrapped must be taken over together with the certificate for holding firearms. If anyone refuses to submit to inspection, their firearms and certificate for holding firearms shall betaken over by the public security organ.

  Article 29 For the special purpose of public order, local public security organs of the people's government at and above the county level may, with the approval of the department of public security of the State Council, adopt special control measures such as concentrated management to firearms lawfully provided or allocated to specific regions.

  Chapter V Transportation of Firearms

  Article 30 No unit or individual may transport firearms without permission. Those wishing to transport firearms must give a true report to the public security organ with regard to the type and quantity of the firearms and the route and method of transport, and apply for a transport permit. In the case of transport within one province, autonomous region or municipality directly under the central government, the transport permit shall be applied for to and obtained from the public security organ of the people's government at the districted-city level at the place of the destination of the transport; in the case of transport involving two or more provinces, autonomous regions or municipalities directly under the central government, the transport permit shall be applied for to and obtained from the public security organ of the people's government at the provincial level at the place of the destination of the transport.

  No unit or individual may accept to transport firearms without a transport permit; moreover, they shall give timely report to the local public security organ.

  Public security organ shall detain the firearms if they are to be or being transported without a transport permit or without abiding by the stipulations by the permit.

  Article 31 Firearms must be transported by safe and reliable closed conveyances and escorted by someone specially responsible in accordance with regulations; when there is a need to stay overnight on the way of transport, a report must be given to the local public security organ.

  Firearms and ammunition must be transported separately in accordance with regulations.

  Article 32 It is strictly forbidden to post firearms or put firearms into post parcels.

  Chapter VI Entry and Exit of Firearms

  Article 33 The state shall strictly control the entry and exit of firearms. No unit or individual may take firearms into or out of the country without permission.

  Article 34 Personnel of foreign diplomatic and consular missions in China who want to carry firearms into China must in advance report to the Ministry of Foreign Affairs of the People's Republic of China for approval; when taking firearms out of China, they shall present a prior note to the Ministry of Foreign Affairs of the People's Republic of China and go through necessary formalities.

  Firearms carried into the country under the preceding paragraph may not be carried out of the residence of said resident missions.

  Article 35 When there is a need for foreign sports delegations or Chinese sports delegations to carry firearms into or out of the country for attending shooting sports competitions, it shall be subject to the approval of the administrative department of physical culture and sports under the State Council.

  Article 36 Persons other than those specified in Articles 34 and 35 of this Law shall be subject to the approval of the department of public security of the State Council when they are to carry firearms into or out of the country.

  Article 37 Those who are permitted to carry firearms into the country shall, against the permission document, handle registration for firearms with the frontier inspection station at the place of entry, apply for a permit for carrying firearms, and make a declaration to the customs, which shall give customs clearance after examining the permit for carrying firearms; upon arriving at the destination, they shall, against the permit for carrying firearms apply for a certificate for holding firearms to the local public security organ of the people's government at the districted-city level.

  Those who are permitted to take firearms out of the country shall make a declaration to the customs at the place of exit by producing the permission document; the frontier inspection station shall give release after examining the permission document.

  Article 38 In the case of foreign conveyances carrying firearms entering or passing through the country, the person in charge of the conveyance shall make a declaration to the frontier inspection station, which shall seal up the conveyance, or unseal it, if it is leaving the country.

  Chapter VII Legal Responsibility

  Article 39 Anyone who violates the provisions of this Law and manufactures, trades in or transports firearms without being licensed shall be investigated for criminal responsibility in accordance with the provisions of Article 112 of the Criminal Law and the Decision of the Standing Committee of the National People's Congress Regarding the Severe Punishment of Criminals Who Seriously Endanger Public Security.

  When a unit commits any of the acts mentioned in the preceding paragraph, it shall be given a fine, and the person in charge directly responsible and other person directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 112 of the Criminal Law.

  Article 40 If any enterprise designated or determined to engage in firearms manufacture or sales in accordance with the law commits any of the following acts, it shall be given a fine, and the person in charge directly responsible and other person directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 112 of the Criminal Law; the public security organ may order the enterprise to suspend business for rectification, or revoke its license for manufacturing or rationing out firearms:

  (1) manufacture or ration out firearms in excess of quota or without following the stipulated specifications;

  (2) manufacture firearms which have no number or have an overlapping or false number; or

  (3) sell firearms without permission or sell within the territory of China firearms manufactured for export.

  Article 41 Anyone who violates the provisions of this Law and illegally holds or secretly keeps firearms shall be investigated for criminal responsibility in accordance with the provisions of Article 163 of the Criminal Law.

  Those illegally transporting or carrying firearms into or out of the country shall be investigated for criminal responsibility in accordance with the provisions of the Supplementary Provisions of the Standing Committee of the National People's Congress Concerning the Punishment of the Crimes of Smuggling.

  Article 42 In case that anyone in transporting firearms violates the provisions of this Law and fails to use safe and reliable conveyances, fails to send a person especially for escorting, fails to transport the firearms and ammunition separately or fails to report to the public security organ when staying overnight on the way of transport, if the circumstances are serious, the offender shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 187 of the Criminal Law; if the offense does not constitute a crime, the person directly responsible shall be given a detention up to 15 days by the public security organ.

  Article 43 Anyone who violates firearm control regulations and hires out or lends out official-use firearms shall be punished by applying mutatis mutandis the provisions of Article 187 of the Criminal Law.

  If a unit commits any of the acts mentioned in the preceding paragraph, the person in charge directly responsible and other person directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

  If any unit with the allocation of civil-use firearms violates firearm control regulations and hires out or lends out firearms resulting in great consequences or with other serious circumstances, the person in charge directly responsible and other person directly responsible shall be punished by applying mutatis mutandis the provisions of Article 187 of the Criminal Law.

  Any individual with the allocation of civil-use firearms who violates firearm control regulations and hires out or lends out firearms resulting in great consequences shall be punished by applying mutatis mutandis the provisions of Article 163 of the Criminal Law.

  If any individual or unit violates firearm control regulations and hires out or lends out firearms and if the violation is minor with no crime constituted, the public security organ shall give a detention up to 15 days to the individual or the person in charge directly responsible and other person directly responsible, and may concurrently impose a fine up to 5,000 yuan; the firearms hired out or lent out shall be confiscated.

  Article 44 If any individual or unit commits any of the following acts in violation of the provisions of this Law, the public security organ shall give a warning or a detention up to 15 days to the individual or the person in charge directly responsible and other person directly responsible; if a crime is constituted, the offender shall be investigated for criminal responsibility in accordance with the law: (1) manufacture civil-use firearms without according to the stipulated technical standards;

  (2) carry firearms in regions or places where firearms are forbidden to be carried;

  (3) fail to turn over the scrapped firearms;

  (4) fail to make a timely report of the theft, forcible seizure or loss of firearms; or

  (5) manufacture or sell imitations of genuine firearms.

  In the case of any act mentioned in Items (1) to (3), the firearms concerned shall be confiscated and a fine up to 5,000 yuan may concurrently be imposed; in the case of any act mentioned in Item (5), the public security organ and the administrative department for industry and commerce shall, in accordance with their respective functions and powers, confiscate the imitations, and may concurrently impose a fine up to five times the manufacture or sales amount and, if the circumstances are serious, the administrative department for industry and commerce shall revoke the business license.

  Article 45 Anyone out of personnel of public security organs committing any of the following acts shall be investigated for criminal responsibility; if the case does not constitute a crime, a disciplinary sanction shall be imposed:

  (1) equip or give allocation to units or individuals other than those specified in Articles 5 and 6 of this Law with or of firearms;

  (2) illegally issue firearms-related certifications;

  (3) appropriate confiscated firearms; or

  (4) fail to perform his duties of firearm control and cause consequences.

  Chapter VIII Supplementary Provisions

  Article 46 For the purpose of this Law, “firearms” means those which are driven by powder or compressed air, discharge metal shots or other substances through a tube-shaped appliance and may cause deaths or injuries or losing of consciousness.

  Article 47 For the purpose of entertainment activities, units and individuals may have pneumatic guns or rifles with the caliber not exceeding 4.5 mm. The special control measures therefor shall be formulated by the department of public security of the State Council.

  The measures for control of plot guns for production of films or TV shows shall be formulated by the department of public security of the State Council in conjunction with the administrative department for radio, film and television of the State Council.

  The measures for control of firearms kept or exhibited by museums, memorial halls and exhibition centers shall be formulated by the department of public security of the State Council in conjunction with relevant administrative departments of the State Council.

  Article 48 The manufacture, rationing and transport of major components and parts of firearms and ammunition used for firearms shall apply relevant provisions of this Law.

  Article 49 Firearms-related certifications shall be made by the department of public security of the State Council.

  Article 50 This Law shall enter into force on October 1, 1996.

  Appendix: Relevant Provisions of Laws

  Relevant Articles in the Criminal Law

  Article 112 Whoever illegally manufactures, trades in or transports guns or ammunition or steals or forcibly seizes the guns or ammunition of state organs, members of the armed forces, the police or the people's militia shall be sentenced to fixed-term imprisonment of not more than seven years; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment.

  Article 163 Whoever, in violation of firearm control regulations, secretly keeps firearms or ammunition and refuses to relinquish them shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

  Article 187 Any state functionary who, because of neglect of duty, causes public property or the interests of the state and the people to suffer heavy losses shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

  Relevant Provisions in the Decision of the Standing Committee of the National People's Congress Regarding the Severe Punishment of Criminals Who Seriously Endanger Public Security

  1. Punishment above the maximum punishment stipulated in the Criminal Law, up to and including death sentences, may be inflicted on the following criminals who seriously endanger public security:

  ……

  (4) whoever illegally manufactures, trades in, transports, steals or forcibly seizes guns, ammunition or explosives, when the circumstances are especially serious or when serious consequences are caused; ……

  Relevant Provisions in the Supplementary Provisions of the Standing Committee of the National People's Congress Concerning the Punishment of the Crimes of Smuggling

  1. Whoever smuggles opium and other narcotics, weapons and ammunition, or counterfeit currency shall be sentenced to fixed-term imprisonment of not less than seven years and shall concurrently be sentenced to a fine or confiscation of property; if the circumstances are especially serious, the offender shall be sentenced to life imprisonment or the death penalty and shall concurrently be sentenced to confiscation of property; if the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than seven years and shall concurrently be sentenced to a fine.

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