Procedural Transition in the Principle of the Best Interests of the Child in the Eyes of the European Court of Human Rights

The principle of the best interests of the child,as a criterion for substantive review,is conceptually ambiguous and uncertain in its application.To mitigate this dilemma in the application of the principle of the best interests of the child,the European Court of Human Rights(ECHR)has made a procedural transition in the interpretation and application of this principle,shifting from conducting specific proportionality analysis or interests balancing in cases related to children to examining whether States Parties have applied the principle of the best interests of the child in their judicial procedures.Moreover,ECHR has developed three procedural review schemes:holistic reviews,key factors-based reviews and factor list-based reviews.Compared with substantive reviews,procedural reviews adhere to the ECHR doctrine of margin of appreciation,restrict the free discretion of the court,give play to the effect of procedural autonomy,and pursue the value of subjective procedural justice,which has its own unique theoretical value and practical significance,and provides a feasible reference for China to interpret and apply the principle of the best interests of the child.

A Judicial Empirical Study on the Principle of “the Best Interests of the Child”——From the Principles of National Conventions to the Building of Adjudication Norms

“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges.

The Conflict and Balance Between Intellectual Property Rights and Public Freedom of Information in the“Anti-circumvention Clause”

There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies.

On the Special Application of the Principle of Proportionality under Emergency State

As the two fundamental aspects of modern society,the emergency state and the routine state are not exceptions to the rule of law.They just abide by special legal rules and must adhere to the spirit of the rule of law,such as human rights protection and power restrictions and apply the principle of proportionality.In a state of emergency,public interests are faced with major and urgent threats.In this state,the positioning of the purpose,the examination of the consequences,or the measurement of the legal benefits of the purpose and the consequences all have a certain degree of particularity and complexity.In order to increase the rationality of the principle of proportionality in the state of emergency,and to perform its value function scientifically and effectively,it is necessary to adopt loose application standards based on the characteristics of the state of emergency,grasp the key application links,and limit the scope of application to the review of the rationality of the exercise of emergency powers.Judgment of the legitimacy of the purpose of the exercise of emergency powers and the derogation of civil rights such as human dignity are not within the scope of the principle of proportionality.

New Explicit Solutions of the Generalized (2 + 1)-Dimensional Zakharov-Kuznetsov Equation

his paper studies the generalized (2 + 1)-dimensional Zakharov-Kuznetsov equation using the (G'/G)-expand method, we obtain many new explicit solutions of the generalized (2 + 1)-dimensional Zakharov-Kuznetsov equation, which include hyperbolic function solutions, trigonometric function solutions and rational function solutions and so on.

Spatio-temporal variation of water conservation and its impact factors on the southern slope of Qilian Mountains

The ecology of Qilian Mountains has been seriously threatened by uncontrolled grazing and wasteland reclamation. This study examined the ecological changes on the southern slope of Qilian Mountains in China from the perspective of water conservation by classifying different clusters of water conservation functional areas to efficiently use limited human resources to tackle the water conservation protection problem. In this study, we used Integrate Valuation of Ecosystem Services and Tradeoffs(InVEST) model to estimate water conservation and analyzed the factors that influence the function. The results of this study include:(1) from 2000 to 2015, the water conservation of the southern slope of Qilian Mountains generally showed an increasing trend, and the total water conservation in 2015 increased by 42.18% compared with that in 2000.(2) Rainfall, fractional vegetation cover(FVC), and evapotranspiration have the most significant influence on the water conservation of the study area. Among them, water conservation is positively correlated with rainfall and FVC(P<0.05) and negatively correlated with evapotranspiration(P<0.05).(3) The importance level of water conservation functional areas gradually increases from northwest to southeast, and the region surrounding Menyuan Hui Autonomous County in the southeast of the southern slope of Qilian Mountains is the core water conservation functional area. And(4) the study area was divided into five clusters(Cluster Ⅰ–Cluster Ⅴ) of water conservation, with the areas of Clusters Ⅰ through Ⅴ accounting for 0.58%, 13.74%, 41.23%, 32.43%, and 12.01% of the whole study area, respectively.

Detailed balance limit efficiency of silicon intermediate band solar cells

The detailed balance method is used to study the potential of the intermediate band solar cell （IBSC）, which can improve the efficiency of the gi-based solar cell with a bandgap between 1.1 eV to 1.7 eV. It shows that a crystalline silicon solar ceil with an intermediate band located at 0.36 eV below the conduction band or above the valence band can reach a limiting efficiency of 54% at the maximum light concentration, improving greatly than 40.7% of the Shoekley-Queisser limit for the single junction Si solar cell. The simulation also shows that the limiting efficiency of the silicon-based solar cell increases as the bandgap increases from 1.1 eV to 1.7 eV, and the amorphous Si solar cell with a bandgap of 1.7 eV exhibits a radiative limiting efficiency of 62.47070, having a better potential.

Evaluation of a concept-based physical education unit for energy balance education

Background:Physical education(PE)is a key channel that impacts children's decisions and behaviors for healthful living.This study evaluated the effects of a concept-based PE(CBPE)instructional unit,featured by energy balance(EB)education,on students'knowledge learning,situational interest,cognitive,and physical engagements as well as teachers'perceptions.Methods:Fourth and 5th grade students(n=468)in a mid-western state of the United States were recruited as the participants.Four elementary schools were randomized to the CBPE or control groups.Students'EB knowledge,situational interest,cognitive engagement,and physical engagement were measured by a knowledge test,the Situational Interest Scale—Elementary,written task sheets,and accelerometers,respectively,while teachers'perceptions of the CBPE unit were captured by individual interviews at the end of the experiment.Results:The CBPE group showed a significant increase in EB knowledge,while the control did not.Both groups showed a similar increasing trend for situational interest over time,although the statistical results favored the control group.For physical engagement,the CBPE group demonstrated a statistically different but substantively similar level of in-class physical activity compared to the control group.The CBPE group also showed a moderate level of cognitive engagement throughout the unit.The PE teachers reported overall positive perceptions about teaching the CBPE unit.Conclusion:These results support the utility of the CBPE unit in enhancing EB education along with facilitating positive student interest and engagement as well as positive teaching experiences.

Exact Solutions of Discrete Complex Cubic Ginzburg-Landau Equation and Their Linear Stability

The discrete complex cubic Ginzburg-Landau equation is an important model to describe a number of physical systems such as Taylor and frustrated vortices in hydrodynamics and semiconductor laser arrays in optics. In this paper, the exact solutions of the discrete complex cubic Ginzburg-Landau equation are derived using homogeneous balance principle and the GI/G-expansion method, and the linear stability of exact solutions is discussed.

Realty Service Contracts and the Legal System of Realty Management in China

The realty(real estate)management of ownership of buildings includes the owner(homeowner)entrust-management and the owner self-management,the former through the way of realty service contracts,the latter through the resolution of the owners’assembly and the owners’committee.The legal disputes of realty service contracts involve balancing interests among the realty service enterprise,individual owner,and all the owners.We should use dynamic balancing of the interests of the three parties to implement the interests of the win-win cooperation rather than the interests of the trade-off of“all or nothing.”The realty service contract is similar to the entrustment contract,both of which are based on the owners’entrustment.The duty to provide realty service is not simply equivalent to fiduciary duty.The realty service contract has the essence of both behavior debt and result debt.For the former,the general provisions of the entrustment contract can be referred to,and for the latter,the general provisions of the contract for work can be referred to.In view of the group characteristics of the realty service contract,owners have no right to terminate the realty service contract at any time but should obey the principle of due process and take the majority mechanism to make a dismissal resolution resolution.The resolutions and management stipulations worked out by the owners’assembly in a majority mechanism,both of which belong to resolution behavior and are legal tools of the owners’autonomy,shall be binding on all the owners.The relationship between the owner,the owner’s assembly,and the owner’s committee is similar to the fiduciary relationship.If the decision made by the owners’assembly or the owners’committee and the management stipulation infringes upon the legal rights and interests of the owners,the injured owner has the right to revocation litigation.At present,residential commodity owners have a relatively low degree of autonomy in China,and legal disputes over realty services are frequent.In the future,we need to perfect the legal incentive and constraint measures,and stimulate the vitality of owner autonomy to promote better implementation of the owner self-management and owner entrust-management.

Protection of Basic Human Rights in the Application of Big Data to Counter Terrorism

In the era of big data,the ways people work,live and think have changed dramatically,and the social governance system is also being restructured.Achieving intelligent social governance has now become a national strategy.The application of big data technology to counterterrorism efforts has become a powerful weapon for all countries.However,due to the uncertainty,difficulty of interpretation and potential risk of discrimination in big data technology and algorithm models,basic human rights,freedom and even ethics are likely to be impacted and challenged.As a result,there is an urgent need to prioritize basic human rights and regulate the application of big data for counter terrorism purposes.The legislation and law enforcement regarding the use of big data to counter terrorism must be subject to constitutional and other legal reviews,so as to strike a balance between safeguarding national security and protecting basic human rights.

Rethinking the Method and Function of Proportionality Test in the European Court of Human Rights

Strasbourg’s application of proportionality test has some unique features.Due to the Court inherent subsidiary role,it hardly transplants the formulas and criteria adopted by the German Constitutional Court or Court of Justice European Union(CJEU) in the complete sense.Consequently,the Strasbourg application of the proportionality has been depicted as a "mysterious house" for the reason that it lacks of certainty.Therefore,some scholars often worry the application of the proportionality test will threaten the predictability and the Strasbourg rule of law.Generally,the proportionality test has two internal functions for the Strasbourg judges:(1) strike fair balance between/among the competing interests;(2) testing on the reasonableness and appropriateness between the measures employed and aim pursued.In the first category,the primary task of the Court is to protect the scope of "essence" of the Convention rights from the interference of collective goods relying on the interest-based rights theory.Beyond this scope,the Court would have to balance the interests explicitly incorporated into the Convention rights as well as the external collective goods claimed by the state authorities.In some sensitive judgments,the Strasbourg Court tends to impose the onerous responsibility of "burden of proof" to the State authorities,or strategically defers to the domestic decisions unless they will be found "manifestly unreasonable".Secondly,the Court must take a scrutiny towards the appropriateness between the means employed and ends pursued,and then it has to decide whether a less intrusive alternative existed or will possibly be found or not.Sometimes,the Court might impose state authorities an obligation looking for a new alternation.However,due to subsidiarity characteristic of the Strasbourg Court,the task of the assessments sometimes is complicated and time-consuming,so the Court are not capable of evaluations in all occasions.Finally,the Court could strike down the "chilling consequence" caused by some few of the legitimate measures which may highly potentially threaten the individual rights in the National legal order.

Auto-Bcklund transformation and exact solutions of Wick-type stochastic Burgers equation

Burgers equation in random environment is studied. In order to give the exact solutions of random Burgers equation, we only consider the Wick-type stochastic Burgers equation which is the perturbation of the Burgers equation with variable coefficients by white noise W（t）=Bt, where Bt is a Brown motion. The auto-Baecklund transformation and stochastic soliton solutions of the Wick-type stochastic Burgers equation are shown by the homogeneous balance and Hermite transform. The generalization of the Wick-type stochastic Burgers equation is also studied.

Effect of Silicon-on-Insulator Substrate on Residual Strain in 3C-SiC Films

One group of SiC films are grown on silicon-on-insulator （SOI） substrates with a series of silicon-overlayer thickness. Raman scattering spectroscopy measurement clearly indicates that a systematic trend of residual stress reduction as the silicon over-layer thickness decreases for the SOI substrates. Strain relaxation in the SiC epilayer is explained by force balance approach and near coincidence lattice model.

On the Concept of“Basic Rights and Interests”in Recordation Review

Abstract:The concept of“basic rights and interests”in the re-cordation review system serves as a key to understanding the mixed use of review standards by the review authorities.The essence of the“basic rights and interests”concept is the value foundation estab-lished by the community for individuals,playing a legitimizing role in the actual operation of the state power system.Through the method of“triple abstraction,”the substantive construction of“basic rights and interests”can be achieved.Ensuring the“basic rights and interests”of citizens can effectively fulfill the functional purpose of the recorda-tion review system.The diverse human rights norms in China’s legal system are the formal carriers of basic rights and interests,which can be categorized into four types:human rights norms in policies,human rights norms in the Constitution,human rights norms in departmental laws,and human rights norms in social and cultural consensus.By examining the interactive connections of these diverse human rights norms,citizens’“basic rights and interests”can be organized into such five categories as survival care,democratic participation,cul-tural education,well-being development,and ecological harmony.The protection of“basic rights and interests”depends on the review authorities’application of the“basic rights and interests”concept to conduct mixed reviews of relevant normative documents.The applica-tion method should be based on the principles of integration,effective-ness,entirety,and harmony.

Compositions,Proportions,and Equilibrium Temperature of Coexisting Two-feldspar in Crystalline Rocks

Compositions, proportions, and equilibrium temperature of coexisting two-feldspar in crystalline rocks are of great importance to classification in petrography and interpretation of petrogenesis. Crystalline rocks are usually composed of 4-6 minerals （phases）, depending on their independent chemical components and the equilibrium temperature of crystallizations. In general, number of mineral phases can be determined by the ＂Phase Rule＂. According to the mass balance principle, bulk composition of coexisting two-feldspar could be evaluated from the bulk chemistry of a rock, provided that the compositions of the coexisting mafic mineral phases containing calcium, sodium, and potassium oxides are determined, e.g., by microprobe analysis. The compositions, proportions, and temperature of two-feldspar in equilibrium can thus be simultaneously resolved numerically from bulk composition of the rock, by incorporating the activity/composition relations of the ternary feldspars with the mass balance constraints. Upon the numerical approximation method presented in this paper, better-quality, internally consistent data on feldspar group could usually be obtained, which would be expected more realistic and accurate in consideration of thermodynamic equilibria in the system of crystalline rocks, as well as bulk chemistry of a rock and the composing minerals.

Analysing chaos in fractional-order systems with the harmonic balance method

In this paper, the fractional-order Genesio-Tesi system showing chaotic behaviours is introduced, and the corresponding one in an integer-order form is studied intensively. Based on the harmonic balance principle, which is widely used in the frequency analysis of nonlinear control systems, a theoretical approach is used to investigate the conditions of system parameters under which this fractional-order system can give rise to a chaotic attractor. Finally, the numerical simulation is used to verify the validity of the theoretical results.

Exact Traveling Wave Solutions of Equalwidth Equation

Combining the principle of homogeneous balance method, the exp function expansion method and traveling wave transformation method are applied to the Equalwidth equation to obtain the exact solution of the Equalwidth equation. The obtained solutions include trigonometric functions, hyperbolic functions and rational functions. The method can solve the exact traveling wave solutions of other nonlinear evolution equations.

China-US Trade Balance under the Ownership-based Statistical System

In the context of economic globalization,territory-based bilateral trade statistics are no longer compatible with the reality of cross-border flow of capital factor and rapid emergence of multinational firms.On the basis of survey of literature studies,this paper has created a three-country model of bilateral trade based on ownership principle and demonstrated that ownership-based statistical system under this model can reflect bilateral trade volume and balance more objectively,truthfully and comprehensively.In addition to theoretical demonstration,this paper has revaluated China-US trade balance using ownership-based statistical methodology and the result indicates that the existing statistical system of trade severely overestimates the real level of China-US trade balance and FDI in China is a major reason behind increasing China-US trade surplus.

Recognition and Causes of Risks of Urban Stock Land Use Alteration

In China,a more strict approval system has been introduced against urban stock land use alteration,but the uncertainty of this system,due to its unclear statement on disposition,restraints and profit sharing,makes landuse alteration come along with risks of return loss of state-owned real property,recycling of stock land,imbalance of interest sharing,embezzlement of public land and pollution of industrial land. Causes of risks are directly linked to behaviors and decisions of major interest holders. In this paper,those causes are studied through the analysis of interest game between local governments,original land users,and property developers. The prevention and control of those risks requires balance of interest between interest holders to make possible multiple parties' engagement and interest sharing.