According to the “Regulations on the Procedure for Handling Road Traffic Accidents,” traffic accidents involving foreign factors, such as involving foreigners as parties, constitute foreign-related traffic accidents. In any foreign-related traffic accident, any party involved who is a foreigner can be either the victim or the party at fault. A foreigner refers to a natural person who does not possess Chinese nationality but holds the nationality of another country, including stateless persons. Foreigners, commonly referred to as “foreigners,” are involved in traffic accidents in China, which are thus considered foreign-related road traffic accidents.

Implications

From the perspective of national sovereignty, any country enjoys territorial supremacy over any natural person and property within its territory, and foreigners as natural persons are no exception. From the moment any foreigner enters the territory of a country, they are subject to the territorial jurisdiction of that country and must comply with its relevant laws. Conversely, the host country is obligated to protect the safety of foreigners’ lives, property, and legitimate rights and interests within its borders, which are legally protected.

When a foreigner suffers personal injury, property damage in a traffic accident in China, or causes harm to others in a traffic accident, according to Article 68 of China’s “Regulations on the Procedure for Handling Road Traffic Accidents,” the handling of road traffic accidents involving foreigners within the People’s Republic of China shall also be governed by the relevant laws, regulations, and rules governing foreign-related cases.

Special Provisions

Given that foreigners may not be familiar with Chinese laws and regulations, it is explicitly stipulated that the traffic management departments of the public security organs should inform the parties involved of their rights and obligations under Chinese laws and regulations when handling foreign-related traffic accidents.

Article 69 further stipulates that in cases where a foreigner is involved in a road traffic accident in China, the public security organs may, according to law, prohibit them from leaving the country until the accident is resolved.

Foreigners residing in China have unstable and temporary residence statuses, and their property within China is generally limited. Failure to apply for property preservation in a timely manner may lead to difficulties in enforcing judgments later on. Therefore, Article 70 provides that the rights holders of damages can apply to the court for pre-litigation property preservation measures.

In addition, there are provisions for foreign parties in traffic accidents to hire translators, and many special provisions apply to foreigners who enjoy diplomatic privileges and immunities.

Applicable Laws

Chapter IX, Article 68 of China’s “Regulations on the Procedure for Handling Road Traffic Accidents” states: “Foreigners involved in road traffic accidents within the People’s Republic of China shall also be handled in accordance with the relevant laws, regulations, and rules governing foreign-related cases, in addition to these regulations.”

In terms of litigation procedures, if a lawsuit is filed in China, China’s “Civil Procedure Law” must be applied. However, some stages must apply the special provisions of Chapter IV of the “Civil Procedure Law” on special procedures for foreign-related civil litigation.

In terms of substantive law, according to Article 44 of the “Law of the People’s Republic of China on the Application of Law to Foreign-related Civil Relations”: “Liability for tort shall be governed by the law of the place where the tortious act occurred, but if the parties have a common habitual residence, the law of the common habitual residence shall apply. After the tortious act has occurred, if the parties agree to choose the applicable law, it shall be according to their agreement.”

Foreign-related traffic accidents are essentially tort cases. Generally, tort cases are governed by the law of the place where the tortious act occurred. Therefore, in the case of foreign-related traffic accidents in China, Chinese law applies. However, if the parties have a common habitual residence, the law of the common habitual residence should be applied. Habitual residence refers to the place where a person has continuously resided for more than one year after leaving their domicile, excluding hospital stays for medical treatment.

For example, if two British nationals are traveling in China and happen to have a traffic accident on their way to Yunnan, China, because these two British nationals have a common habitual residence—Britain, the resolution of the traffic accident between them would be governed by British law. Of course, if the parties agree on the law applicable to the resolution of the traffic accident after the traffic accident occurred, they must respect the parties’ own choices and apply the law chosen by the parties.

Handling Methods

When handling foreign-related traffic accidents, the traffic management departments of the public security organs should issue a traffic accident determination certificate based on the evidence collected and deliver it to the parties involved. If a party refuses to accept it, it can be transferred to their institution through diplomatic channels. Mediation can also be applied to foreign-related traffic accidents, and unilateral mediation can be used. During this period, the police can transfer the agreed compensation for traffic accidents.

If the parties involved in foreign-related traffic accidents are foreign nationals who enjoy diplomatic privileges and immunities, and the traffic police believe that they should temporarily suspend or revoke their motor vehicle driving licenses as a punishment after the investigation, they can detain their driving licenses. If the vehicle needs to be inspected and identified, it should be returned immediately after inspection and identification; if they do not agree to the inspection and identification, it should not be forcibly carried out, and the situation should be truthfully recorded. If an investigation is needed, they can be interviewed; however, if they do not accept the investigation, no coercive measures should be applied, and the situation should be truthfully recorded. The public security organs’ traffic management departments should issue a traffic accident determination certificate and deliver it to the parties based on the evidence collected. If the parties refuse to accept it, it should be delivered to their institution. If a foreigner who enjoys diplomatic privileges and immunities refuses to accept an investigation or inspection and identification, the matter of damage compensation should be resolved through diplomatic channels.

If a foreigner who enjoys diplomatic privileges and immunities is involved in a traffic accident resulting in death, the public security organs’ traffic management departments should record their identity, documents, the course of the accident, and the consequences of the damage, and promptly report the relevant circumstances to the provincial foreign affairs department and the embassy or consulate of the foreigner’s country.

In cases where foreign consular institutions, international organizations, and representatives of international organizations stationed in China enjoy privileges and immunities and are involved in road traffic accidents, the public security organs’ traffic management departments should handle them in accordance with Articles 73 and 74 of these regulations. However, this is subject to different provisions in the “Regulations on Consular Privileges and Immunities of the People’s Republic of China,” international conventions that China has acceded to, and agreements concluded between China and relevant countries or international organizations.

Additionally, according to Article 44 of the “Law of the People’s Republic of China on the Application of Law to Foreign-related Civil Relations”: “Liability for tort shall be governed by the law of the place where the tortious act occurred, but if the parties have a common habitual residence, the law of the common habitual residence shall apply. After the tortious act has occurred, if the parties agree to choose the applicable law, it shall be according to their agreement.”

Laws and Regulations

Chapter IX of China’s “Regulations on the Procedure for Handling Road Traffic Accidents” specifies the following provisions regarding the handling of foreign-related road traffic accidents:

Article 68: Foreigners involved in road traffic accidents within the People’s Republic of China shall be handled in accordance with the relevant laws, regulations, and rules governing foreign-related cases in addition to these regulations.

Public security organs’ traffic management departments handling road traffic accidents involving foreigners should inform the parties involved of their rights and obligations under Chinese laws and regulations when handling road traffic accidents.

Article 69: Foreigners involved in road traffic accidents in China may, according to law, be prohibited from leaving the country until the accident is resolved.

Article 70: In cases where a foreigner is involved in a road traffic accident in China and assumes all or major responsibilities, the public security organs’ traffic management departments should inform the rights holders of the traffic accident damages that they may request the court to take pre-litigation property preservation measures.

Article 71: During the process of handling road traffic accidents, public security organs’ traffic management departments should use the common language and characters of the People’s Republic of China. For those who do not understand the Chinese language and characters, translation should be provided; for those who understand the Chinese language and characters and do not need translation, a written statement should be provided.

Upon approval by the public security organs’ traffic management departments, foreign parties may hire translators at their own expense.

Can motorcycles go on highways, and how can they legally go on highways?

1. The driving speed of motorcycles must not be less than 60 kilometers per hour and the maximum speed must not exceed 80 kilometers per hour. Due to the minimum speed limit, motorcycles with engine capacities below 50cc are excluded from road access.

2. When riding a motorcycle on a highway, passengers are not allowed, and helmets must be worn.

3. Except for holidays exempted from tolls as stipulated by the State Council, other times are charged according to the standard for cars with less than 7 seats.

4. According to the speed limit regulations of different lanes on highways, motorcycles should travel in the outermost lane of the highway.

5. For other regulations regarding motorcycle travel on highways, refer to the “Road Traffic Safety Law of the People’s Republic of China” and its implementing regulations. For example: (3) Minors under the age of 12 are not allowed to ride on the back of motorcycles, and lightweight motorcycles are not allowed to carry passengers. (5) Motorcycles are not allowed to tow vehicles or be towed by other vehicles. (6) The rider must sit facing forward on the motorcycle. Legally valid driving licenses, vehicle license plates, and other related procedures are required.

Therefore, as long as you meet the above driving conditions, riding motorcycles on highways is a legal activity.

Can local regulations prohibiting motorcycles from highways conflict with national regulations? What should I do if motorcycles are prohibited from highways?

Some provinces have local regulations prohibiting motorcycles from entering highways. If there are no signs prohibiting motorcycles from driving on highways, you should be able to use highways. According to the Road Traffic Safety Law, motorcycles (hereinafter referred to as motorcycles) can legally enter highways. At least national laws, administrative regulations, and departmental regulations clearly permit motorcycles to enter highways. However, most provincial, autonomous region, and municipal local regulations prohibit motorcycles from driving on highways, which has led to conflicts between national laws and local regulations. The specific manifestations are as follows:

1. Local regulations allowing motorcycles to enter highways:

The “Implementation Measures for the Road Traffic Safety Law of the People’s Republic of China in Xinjiang Uygur Autonomous Region” stipulates in Article 12: “If a cargo car or motorcycle carries a person, a fine of 200 yuan shall be imposed.” The “Implementation Measures for the Road Traffic Safety Law of the People’s Republic of China in Dalian” stipulates in Article 13: (Prohibition) “Learning to drive motor vehicles on highways or carrying people on motorcycles on highways.”

2. Local regulations allowing motorcycles to enter highways in a subtle manner:

The “Tianjin Municipality Regulations on Highway Traffic Management” was issued by the Municipal People’s Government on July 9, 1997, and was revised and issued according to the Municipal People’s Government’s decision to revise the “Tianjin Municipality Regulations on Highway Traffic Management” on the 30th. It was implemented from 1 day. This regulation avoids the sensitive topic of “motorcycles on highways” throughout the text, and even the word “motorcycle” is not mentioned. Based on this understanding, motorcycles can enter highways in Tianjin. Similar local regulations include the “Highway Management Measures in Jilin Province,” “Highway Management Regulations in Anhui Province,” “Highway Management Regulations in Jiangxi Province,” “Several Provisions on Implementing Highway Traffic Management Measures in Beijing,” “Highway Management Regulations in Shanxi Province,” “Highway Management Regulations in Guangdong Province,” “Highway Traffic Management Regulations in Hebei Province,” and “Implementation Measures for Road Traffic Safety Law in Qinghai Province” and so on.

3. Local regulations prohibiting motorcycles from entering highways:

The “Guangxi Zhuang Autonomous Region Highway Management Measures” stipulates: “Prohibiting pedestrians, non-motorized vehicles, tractors, motorcycles, electric vehicles, full trailers, coaching cars, internships, wheeled special machinery (excluding highway maintenance vehicles) and motor vehicles designed with a maximum speed of less than 70 kilometers from entering highways. Responsibility for traffic accidents caused by highways.”

Similar local regulations include the “High-level Highway Management Regulations in Hunan Province,” “High-level Highway Management Regulations in Guizhou Province,” “High-level Highway Management Regulations in Yunnan Province,” “High-level Highway Management Measures in Qinghai Province,” and “Shandong Province.” “Highway Regulations,” “Zhejiang Province Highway Operation Management Measures” (Provincial Government’s 42nd Executive Meeting Review and Approval, effective from 1st) stipulates in Article 3: “Prohibit motorcycles, tractors, agricultural transport vehicles, electric vehicles, wheeled special machinery vehicles, full towing vehicles into highways.” The “Jilin Province Highway Management Measures” stipulates: “Prohibit pedestrians, non-motorized vehicles, tractors, lightweight motorcycles, learning vehicles, coaching vehicles, and other motor vehicles with a continuous speed of less than 50 kilometers from highway traffic.”

The “High-level Highway Management Regulations in Hubei Province” stipulate: “Except for cleaning and maintenance personnel on high-level highways, pedestrians, non-motorized vehicles, tractors, lightweight motorcycles, electric vehicles, track vehicles, iron wheel vehicles, coaching vehicles, and vehicles that are clearly restricted on roads.” The passage.

In addition, some special highways have also introduced corresponding management measures, such as the “Shandong Province Jiqing Highway Management Measures” (Shandong Provincial People’s Government Order No. 46) stipulates: “Prohibit pedestrians, non-motorized vehicles, tractors, motorcycles (except for public security organs performing emergency tasks), electric vehicles, track vehicles, wheeled special machinery vehicles (except for highway maintenance vehicles) and motor vehicles designed with a maximum speed of less than 70 kilometers from entering highways.” And the “Sujiahang Expressway Management Measures” directly avoids the sensitive issue of whether motorcycles can drive on highways.

Motorcycles are also classified as motor vehicles and are subject to similar regulations as other motor vehicles. However, there are specific rules that apply to motorcycles. For instance, riders must wear helmets, and the classification and insurance standards for motorcycles differ. Additionally, many cities or regions have regulations prohibiting motorcycles.

Legal Basis:

• Implementation Regulations of the Road Traffic Safety Law of the People’s Republic of China
• Article 16: Motorcycles must undergo biennial inspections within the first 4 years of registration, followed by annual inspections thereafter.
• Article 44: On roads with two or more lanes in the same direction, the left lane is for fast-moving vehicles and the right lane for slow-moving vehicles. Motorcycles should travel in the rightmost lane. Where traffic signs indicate speed limits, motorcycles must adhere to the specified speeds. When overtaking in the slow lane, motorcycles can use the fast lane.
• Article 78: On highways, lanes are designated with a maximum speed limit of 80 kilometers per hour for motorcycles.
• Article 53: The height of cargo carried on motorcycles must not exceed 1.5 meters from the ground, and the length must not exceed 0.2 meters beyond the vehicle body. For two-wheeled motorcycles, the width of the cargo on each side must not exceed 0.15 meters from the handlebars, and for three-wheeled motorcycles, the width of the cargo must not exceed the vehicle body.
• Article 55: Minors under the age of 12 are not allowed to ride on the pillion seat of motorcycles, and lightweight motorcycles are not permitted to carry passengers.
• Article 77: Riders of two-wheeled motorcycles must sit facing forward.
• Article 83: Cargo compartments of freight vehicles traveling on highways must not carry passengers. Two-wheeled motorcycles are not allowed to carry passengers on highways.
• Article 61: Motorcycles are not permitted to tow vehicles or be towed by other vehicles.
• Article 62: Riders of motorcycles must not remove their hands from the handlebars or hang objects on them.
• Article 113: Foreign motor vehicles entering China must apply for temporary transit number plates and driving permits from the traffic management department of the entry location. Temporary transit number plates and driving permits should specify the valid dates and authorized areas of travel. Conditions for applying for temporary transit number plates and driving permits for foreign motor vehicles entering the country, as well as the examination methods, are regulated by the public security departments under the State Council.

These regulations ensure safe and lawful operation of motorcycles on Chinese roads, emphasizing safety standards and operational limitations specific to motorcycles.

Renting a car in Yunnan can be a convenient way to explore the diverse landscapes and cultural richness of the province. Here’s a guide on how to rent a car in Yunnan:

1. Choose Your Rental Company: Select a reputable car rental company that operates in Yunnan. International companies like Hertz, Avis, and local Chinese companies such as eHi Car Services and Ctrip are options to consider.
2. Requirements: Ensure you meet the rental requirements, which typically include being at least 21 years old (age may vary by company), having a valid driver’s license from your country of residence, and providing a valid passport and possibly a credit card for security deposit.
3. Booking: Make a reservation in advance, especially during peak tourist seasons or if you need a specific type of vehicle (like an SUV or a van).
4. Documentation: Prepare your documents. You’ll usually need your passport, driver’s license (with an official Chinese translation if necessary), and a credit card for payment and deposit.
5. Insurance: Understand the insurance coverage provided by the rental company. Additional insurance coverage might be advisable for comprehensive protection.
6. Pick-Up Location: Confirm the pick-up location. In Yunnan, rental offices are typically located at major airports, train stations, and in city centers.
7. Vehicle Inspection: Before accepting the vehicle, inspect it thoroughly for any existing damages. Take note and inform the rental company to avoid disputes when returning the vehicle.
8. Driving in Yunnan: Familiarize yourself with local traffic rules and regulations. In China, traffic drives on the right-hand side of the road.
9. Returning the Vehicle: Return the car on time and in the same condition as when you received it. Make sure to fill up the fuel tank before returning it to avoid additional charges.
10. Explore Yunnan: With your rented car, you can explore the stunning landscapes, historical sites, and cultural attractions at your own pace.

Renting a car provides flexibility and convenience for exploring Yunnan, whether you plan to visit major cities like Kunming, Dali, and Lijiang or venture into more remote areas. If you have specific preferences or need more detailed information, feel free to ask!

History and Production Area

Dian Hong Jin Zhen(滇红大金针), also known as Yunnan Red Tea, was created in the early 1940s. Made from large-leaf tea varieties, it boasts a strong, robust flavor, is resistant to multiple infusions, exhibits a vibrant red liquor, and is rich in abundant downy hairs. Its quality characteristics include “plump and compact buds, prominent golden hairs, and high fragrance and strong taste.” Since the 1960s, it has been revered as a premium red tea, greatly favored by tea enthusiasts. Production and sales of Dian Hong Jin Zhen have a history of 70 years, originating from the southern regions of Yunnan Province such as Lincang, Baoshan, and Xishuangbanna Dai Autonomous Prefecture.

Craftsmanship

Dian Hong Jin Zhen belongs to the category of fermented tea. Its production process involves two main stages: initial processing and refinement. Dian Hong tea uses fresh leaves from Yunnan large-leaf tea trees, undergoing withering, rolling, fermentation, and drying processes, followed by intricate refinement to achieve its unique product advantages.

Quality Characteristics

Dian Hong Jin Zhen contains approximately 27 types of inorganic mineral elements, including phosphorus, potassium, sulfur, magnesium, manganese, fluoride, aluminum, calcium, sodium, iron, copper, zinc, and selenium. Its organic compounds primarily include proteins, lipids, carbohydrates, amino acids, alkaloids, catechins, organic acids, pigments, aroma components, vitamins, saponins, and sterols. The quality of red tea is determined by its content of theaflavins and thearubigins; the higher their levels, the better the quality. Dian Hong Jin Zhen features buds covered in golden down, standing erect like needles. The bud tips are bright golden yellow, while the dry leaves exude a strong and lasting maltose aroma. Its color, aroma, and taste are all excellent, with a brewed liquor that is bright red and yellow, a high aroma with a long-lasting finish, fresh and sweet taste, abundant maltose aroma, and a lingering sweet and smooth aftertaste, high aroma, strong taste, and belongs to the best in Dian Hong.

Brewing Method for Dian Hong Jin Zhen

1. First, pour hot boiling water into the teapot (capacity 250 ml) and warm the teacup, then add the tea leaves.
2. Once the water begins to boil, allow it to cool slightly to a temperature of about 90-93 degrees Celsius, then brew (avoiding too high a temperature).
3. Cover the pot lid for no more than 5 seconds. For the first 1-6 infusions, there is no need to steep; simply pour directly and drink.
4. For infusions 7-14, steep for 10-20 seconds each time, gradually increasing the steeping time according to personal taste preference.
5. Even after brewing continuously for more than 10 infusions, the aroma remains fragrant, with a blend of honey and fruity aroma, complementing each other, providing endless enjoyment.

Benefits of Dian Hong Jin Zhen

1. Diuretic: Under the combined action of caffeine and aromatic substances in red tea, it increases renal blood flow, enhances glomerular filtration rate, expands renal microvessels, and inhibits water reabsorption in renal tubules, thereby increasing urine volume. This helps eliminate lactic acid, uric acid (related to gout), excessive salt (related to hypertension), harmful substances, and alleviates edema caused by heart disease or nephritis.
2. Anti-inflammatory and Antibacterial: The polyphenolic compounds in red tea have anti-inflammatory effects. Experimental studies have shown that catechin compounds can bind to single-celled bacteria, coagulating and precipitating proteins, thereby inhibiting and eliminating pathogens. Therefore, drinking strong red tea is beneficial for bacterial dysentery and food poisoning. It is also commonly used to apply strong tea to wounds, bedsores, and athlete’s foot.
3. Detoxification: Studies have shown that the tea alkaloids in red tea can adsorb heavy metals and alkaloids, precipitating and decomposing them. This is a gospel for modern people exposed to industrial pollution through drinking water and food.
4. Refreshing and Relieving Fatigue: Medical experiments have found that caffeine in red tea stimulates the cerebral cortex, excites the central nervous system, enhances alertness, concentration, sharpens thinking reactions, enhances memory, and also stimulates the vascular system and heart, strengthening heartbeats, accelerating blood circulation, facilitating metabolism, promoting sweating, diuresis, and effectively accelerating the excretion of lactic acid (causing muscle fatigue) and other body waste, eliminating fatigue.
5. Prevention of Parkinson’s Disease: According to a study published in the American Journal of Epidemiology, scientists from the National University of Singapore investigated about 63,000 Singapore residents aged 45-74 and found that people who drank at least 23 cups of red tea per month had a 71% lower chance of suffering from Parkinson’s disease than others. The reason why drinking red tea can reduce the risk of Parkinson’s disease among tea drinkers is that the antioxidants in red tea play a significant protective role. A spokesperson for the British Parkinson’s Disease Association said that these research results are promising, and in the future, effective ingredients can be extracted from red tea to prevent Parkinson’s disease.
6. Prevention of Heart Disease: Studies have shown that the incidence of coronary heart disease is significantly lower in people who drink more than 3 cups of red tea per day than in those who do not drink tea. One hour after drinking red tea, the blood flow rate in the heart and blood vessels improves, which can prevent myocardial infarction. This is because red tea is rich in theaflavins, which have a strong antioxidant effect, inhibit lipid peroxidation in blood vessels and platelet aggregation, thereby preventing coronary heart disease or stroke, reducing the content of low-density lipoprotein harmful to the body, and achieving the purpose of preventing heart disease. Therefore, red tea is better than green tea for preventing cardiovascular accidents. Nowadays, the incidence of heart disease is getting higher and higher, so to prevent heart disease, drink more red tea when nothing happens.