Untying the Two “Deadlocks”of Labor Contract Law Is Necessary for the Recovery of Chinese Economy

Labor Contract Law receives mixed evaluations since its implementation.The call for the amendment is hot and even some scholars regard it as the"tiger in the road"which hinders the economic development. The Central Committee of the Communist Party of China pays high attention to the construction of harmonious labor relation and the amendment has been a top priority. Labor Contract Law leads to two"deadlocks"of which the entrepreneurs are afraid. The first one is that the non-fixed term labor contract cannot be cancelled and the second one is that they must pay the economic compensation at the expiration of contract. These two rules hinder the employment enthusiasm of entrepreneurs. The current laws have excessive expectation for the non-fixed term labor contract and too strict regulations; as for the economic compensation at the expiration of contract, it increases the enterprise cost. The amendment of these two articles will benefit the recovery of Chinese economy and make the labor relation more harmonious.

Effectiveness of China's Labor Contract Law——Evidence from China Employer-Employee Survey

Using micro-level data from China Employer-Employee Survey(CEES), this paper conducts an empirical analysis of firms' heterogeneous characteristics in the implementation of the Labor Contract Law and its effects on employees. Our findings are as follows: With China's economic development, firms more proactively implement the Labor Contract Law, resulting in a higher percentage of employees with labor contracts. Labor contracts significantly increase the probability of employees in receiving social insurances, such as pension, health, unemployment, work injury and birth insurances, and have a significantly positive effect on wage income. Longer term of labor contract corresponds to stronger employment protection, and such an effect is highly robust. Larger firms with higher capital-labor ratios have better results in implementing the Labor Contract Law. And employees of private and labor-intensive firms have poorer coverage of employment and social protection; such firms should be given focal attention in the law's implementation.

Contemporary Approaches to Non-Contractual Obligations in Private International Law (Conflict of Laws) and the European Community’s “Rome II” Regulation

Introduction Traditional Private International Law(Conflict of Laws or,shorthand,“conflicts law,”in Anglo-American usage)was relatively straightforward in determining the law applicable to non-contractual obligations,particularly torts(delict):the“law of the place of the tort”was applicable。

Implementation Regulations for China's Labor Contract Law

1.Introduction On January 1,2008,the Labor Contract Law of the People's Republic of China(LCL)became effective,resulting in wide- spread changes in labor policy for all companies and other af- fected organizations.As is the case with legislating in China, many details were left for resolution in implementing regulations,

Study on the Applicable Principle and System Improvement of Contract Law to Liquidated Damages

Based on the applicable principle of liquidated damages in ＂contract law＂, based on the improvement of the system, the article first analyzes the status quo of the development of the default system and secondly puts forward some suggestions for improvement. The final purpose is to perfect the liquidated damages system with the Contract Law, in a bid to enhance the fairness of liquidated damages.

General laws of funding for scientific citations:how citations change in funded and unfunded research between basic and applied sciences

Purpose:The goal of this study is to analyze the relationship between funded and unfunded papers and their citations in both basic and applied sciences.Design/methodology/approach:A power law model analyzes the relationship between research funding and citations of papers using 831,337 documents recorded in the Web of Science database.Findings:The original results reveal general characteristics of the diffusion of science in research fields:a)Funded articles receive higher citations compared to unfunded papers in journals;b)Funded articles exhibit a super-linear growth in citations,surpassing the increase seen in unfunded articles.This finding reveals a higher diffusion of scientific knowledge in funded articles.Moreover,c)funded articles in both basic and applied sciences demonstrate a similar expected change in citations,equivalent to about 1.23%,when the number of funded papers increases by 1%in journals.This result suggests,for the first time,that funding effect of scientific research is an invariant driver,irrespective of the nature of the basic or applied sciences.Originality/value:This evidence suggests empirical laws of funding for scientific citations that explain the importance of robust funding mechanisms for achieving impactful research outcomes in science and society.These findings here also highlight that funding for scientific research is a critical driving force in supporting citations and the dissemination of scientific knowledge in recorded documents in both basic and applied sciences.Practical implications:This comprehensive result provides a holistic view of the relationship between funding and citation performance in science to guide policymakers and R&D managers with science policies by directing funding to research in promoting the scientific development and higher diffusion of results for the progress of human society.

On Autonomy of Will and the Applicable Law of Labor Contract:From the Perspective of Chinese Legislation

There are so many different opinions on whether the autonomy of will is applied in labor contract.In this paper,the author discusses the application and limitation of autonomy of will in labor contract,and puts forward some suggestions on the application of Article 43 of Law of the Application of Law for Foreign-related Civil Relationships after the introduction of Chinese legislation of the applicable law of labor contract.Autonomy of will is a useful principle in resolving disputes arising from foreign-related labor contract in China.

Weber Law Based Approach for Multi-Class Image Forgery Detection

Today’s forensic science introduces a new research area for digital image analysis formultimedia security.So,Image authentication issues have been raised due to the wide use of image manipulation software to obtain an illegitimate benefit or createmisleading publicity by using tempered images.Exiting forgery detectionmethods can classify only one of the most widely used Copy-Move and splicing forgeries.However,an image can contain one or more types of forgeries.This study has proposed a hybridmethod for classifying Copy-Move and splicing images using texture information of images in the spatial domain.Firstly,images are divided into equal blocks to get scale-invariant features.Weber law has been used for getting texture features,and finally,XGBOOST is used to classify both Copy-Move and splicing forgery.The proposed method classified three types of forgeries,i.e.,splicing,Copy-Move,and healthy.Benchmarked(CASIA 2.0,MICCF200)and RCMFD datasets are used for training and testing.On average,the proposed method achieved 97.3% accuracy on benchmarked datasets and 98.3% on RCMFD datasets by applying 10-fold cross-validation,which is far better than existing methods.

Link China issues regulation to clear labor contract law misunderstanding

China's State Council,the country's Cabinet,issued an implementation regulation for Labor Contract Law on September 18 in an effort to clarify confusion surrounding the law.

Conflict of Law Rules and the Protection of the Weaker Party in EU Private International Law and in Chinese New Private International Law:Consumer Contracts and Employment Contracts

Introductory remarks Both in EU Private International Law (EU PIL) and in Chinese New Private International Law (Chinese New PIL) it was deemed important to adopt special rules to determine the law applicable to consumer contracts and employment contracts with the purpose of protecting the weaker party.But those rules have existed for longer in the EU system than in the Chinese system,because they were already mentioned in the Rome Convention of 19 June 1980 on the law applicable to contractual obligations,replaced by the Rome Ⅰ Regulation of 17 June 2008,whereas the Law of the People's Republic of China on the laws applicable to foreign related civil relationsof 28 October 2010,in force since 1 st April 2011,is not only the first statute on conflict of law rules in general,①but also the first law which has adopted special conflict of law rules for consumer contracts and employment contracts,different from those governing contracts in general.

Improve Labor Contract System, Safeguard Lawful Rights and Interests of Laborers——An interview with Prof. Guan Huai of Law School of Renmin University of China

EDITOR＇S NOTE： The Draft Labor Contract Law of the People＇s Republic of China has been completed and was published for soliciting comments on March 20. In a short period of one month, 191,849 pieces of comments and opinions were received. Prior to the promulgation of the law, this reporter interviewed Mr. Guan Huai, a noted Chinese expert in labor law, professor of the Law School of the Renmin University of China and law advisor to the All-China Federation of Trade Unions.

Labor Contract Law,Warm or Cold for Migrant Worker?

The new labor contract law has exerted an unprecedented impact on manufacturing industry that has been progressing at much cheaper labor cost over years. The fact is the workers are not born cheap, they are made less costly without necessary welfares by some factory owners who often go to extreme to run sort of "sweatshop", as often reported by local and western media. The new labor rules could not possibly liberate all those sufferers.

基于多尺度Laws纹理能量和低秩分解的织物疵点检测算法

为提高织物疵点检测算法对简单纹理织物、模式纹理织物及条纹纹理织物检测时的普适性和准确性,提出了一种基于多尺度Laws纹理能量和低秩分解的织物疵点检测算法。首先,对织物图像进行直方图均衡化并将处理后的图像均匀划分为子图像块;其次,对每个子图像块提取28个纹理能量特征(利用7个Laws滤波模板在4个尺度上提取),计算所有子图像块提取到的特征均值并组成特征矩阵;然后,利用特征矩阵构建低秩分解模型,通过方向交替方法(ADM)优化求解,得到低秩部分和稀疏部分;最后,由稀疏部分生成疵点显著图,采用迭代阈值分割法对其进行分割,得到织物疵点检测结果。为验证该算法的有效性,在织物图像数据集选取了包含错纬、断经、跳花、破洞等常见疵点的织物图像,并将实验结果与已有3种算法进行了对比。实验结果表明,该算法在简单纹理织物、模式纹理织物及条纹纹理织物检测上具有更好的普适性和准确性,且检测效率具有一定优势。

Contract Mechanism of Water Environment Regulation for Small and Medium Sized Enterprises Based on Optimal Control Theory

The small and scattered enterprise pattern in the county economy has formed numerous sporadic pollution sources, hindering the centralized treatment of the water environment, increasing the cost and difficulty of treatment. How enterprises can make reasonable decisions on their water environment behavior based on the external environment and their own factors is of great significance for scientifically and effectively designing water environment regulation mechanisms. Based on optimal control theory, this study investigates the design of contractual mechanisms for water environmental regulation for small and medium-sized enterprises. The enterprise is regarded as an independent economic entity that can adopt optimal control strategies to maximize its own interests. Based on the participation of multiple subjects including the government, enterprises, and the public, an optimal control strategy model for enterprises under contractual water environmental regulation is constructed using optimal control theory, and a method for calculating the amount of unit pollutant penalties is derived. The water pollutant treatment cost data of a paper company is selected to conduct empirical numerical analysis on the model. The results show that the increase in the probability of government regulation and public participation, as well as the decrease in local government protection for enterprises, can achieve the same regulatory effect while reducing the number of administrative penalties per unit. Finally, the implementation process of contractual water environmental regulation for small and medium-sized enterprises is designed.

The Creation of a Global Contract Law : Nightmare or Noble Dream?

Introduction The subject of this lecture is the creation of an international law of contract.As is widely known,almost every nation state has its own law of contract.In England,the jurisdiction in which I practise,this law is contained partly in the common law(the law made in the courts)and partly in statute(the law made by the legislator).

Bipartite consensus problems of Lurie multi-agent systems over signed graphs: A contraction approach

This paper examines the bipartite consensus problems for the nonlinear multi-agent systems in Lurie dynamics form with cooperative and competitive communication between different agents. Based on the contraction theory, some new conditions for the nonlinear Lurie multi-agent systems reaching bipartite leaderless consensus and bipartite tracking consensus are presented. Compared with the traditional methods, this approach degrades the dimensions of the conditions, eliminates some restrictions of the system matrix, and extends the range of the nonlinear function. Finally, two numerical examples are provided to illustrate the efficiency of our results.

Smart Contract Vulnerability Detection Method Based on Feature Graph and Multiple Attention Mechanisms

The fast-paced development of blockchain technology is evident.Yet,the security concerns of smart contracts represent a significant challenge to the stability and dependability of the entire blockchain ecosystem.Conventional smart contract vulnerability detection primarily relies on static analysis tools,which are less efficient and accurate.Although deep learning methods have improved detection efficiency,they are unable to fully utilize the static relationships within contracts.Therefore,we have adopted the advantages of the above two methods,combining feature extraction mode of tools with deep learning techniques.Firstly,we have constructed corresponding feature extraction mode for different vulnerabilities,which are used to extract feature graphs from the source code of smart contracts.Then,the node features in feature graphs are fed into a graph convolutional neural network for training,and the edge features are processed using a method that combines attentionmechanismwith gated units.Ultimately,the revised node features and edge features are concatenated through amulti-head attentionmechanism.The result of the splicing is a global representation of the entire feature graph.Our method was tested on three types of data:Timestamp vulnerabilities,reentrancy vulnerabilities,and access control vulnerabilities,where the F1 score of our method reaches 84.63%,92.55%,and 61.36%.The results indicate that our method surpasses most others in detecting smart contract vulnerabilities.