Fiduciary Duties in Company Law:A German Perspective

As Chinese practitioners and scholars ponder the scope of fiduciary obligations under the country’s company law,this paper offers a comparative perspective from German law.Although German corporate law has not rejected legal transplants,the common law trust has never been accepted as an organizational device for administering third-party funds or doing business.Nonetheless,the German judiciary has developed a sophisticated concept of fiduciary obligations where the statutes remain silent.This paper explores the application of fiduciary obligations to limited partnerships,limited liability companies,and stock corporations.It takes a membership perspective to ascertain the legal relationships between a corporation and its shareholder-members and among fellow-shareholders,as business entities evolve from personalistic to capitalistic settings.Fiduciary obligations also inform the relationship between the corporation and its directors and corporate officers.Although German law does not classify directors and corporate officers as the shareholders’direct trustees,shareholders stand nonetheless to benefit from the way directors and corporate offices discharge their duties towards the respective corporate entities.Moreover,criminal law rules on embezzlement operate to protect the corporation and the monies it administers from overly risky business projects.

Auditors＇ Role, Responsibilities, Duties, and AIS to Prevent Errors and Frauds：An Evidence From Lebanon

The paper is about how Lebanese auditors detect fraud in the course of their work and what they advise companies to implement in order to avoid fraudulent acts. For this purpose, various interviews were carded out from different experienced and well-reputed external auditors. This was also for their wide knowledge of all kinds of frauds. Data were taken from primary as well as secondary resources. The paper presents the theoretical and practical aspects. The theoretical part contains the accounting scandals, frauds, auditing processes, and auditor＇s responsibilities and tools for auditors to detect fraud. The practical part consists of case study analysis and detailed research processes.

Knowledge, Understanding and Attitude Toward Civic Rights and Duties in Administrative Affairs and People＇s Participation in Local Administration of Mahasarakham Municipality

This research aimed to study on the people and the local government. The samples were 395 respondents over 18 years old, selected locally of Mahasarakham Municipality, Thailand. The research found that the level of knowledge, understanding, and attitudes toward civic rights and duties of administrative affairs was at a high level but participation in the local administration was rated at a low level. The relationship between knowledge, understanding, and attitudes toward civic rights and duties of administrative affairs of the community was positive correlated. The relationship between knowledge and understanding toward civic rights and duties and participation in the community administration and the relationship between attitudes toward civic rights and duties in administrative affairs and participation in the local government administration were not correlated. Some recommendations were the local government organizations should promote and provide more information to build the right understandings and improve good attitudes toward civic rights and duties in administrative affairs. Local administrators and local leaders should play an important role to advocate and encourage public opinions toward a political ideology to ensure the public mind and make the vision ＂people-centered＂. Most importantly, the State shall pursue directive principles of State policies in relation to public participation.

CHINESE CUSTOMS TO IMPOSE EXPERIMENTAL SPECIFIC AND COMPOUND IMPORT DUTIES

By a State Council decision, effective on July 1, Chinais to impose specific duties on three import commodities including beer, and compound duties on two otherimport commodities including video player on an trial basis. As this is an unprecedented experiment in China, Office of the Customs Tariff Commission under the StateCouncil, and the Customs Tariff Department of the GeneralAdministration of Customs are carrying out public consultation on these trial policies. In order to give the public abetter idea concepts, characteristics and purposes of specific and compound duties, our reporter visited the officerin charge at Guangzhou Customs.

15% Custom Duties in 2000

China’s foreign trade minister Shi Guangshengrecently promised that China will continue tolower its customs duties and establish an effective,flexible import coordination mechanism. By theyear 2005, the average import tariffs of industrialgoods will be cut to 10%. Currently, China’saverage import tariff is 17%. Non-tariff

The Impact of Network Topologies and Radio Duty Cycle Mechanisms on the RPL Routing Protocol Power Consumption

The Internet of Things(IoT)has witnessed a significant surge in adoption,particularly through the utilization of Wireless Sensor Networks(WSNs),which comprise small internet-connected devices.These deployments span various environments and offer a multitude of benefits.However,the widespread use of battery-powered devices introduces challenges due to their limited hardware resources and communication capabilities.In response to this,the Internet Engineering Task Force(IETF)has developed the IPv6 Routing Protocol for Low-power and Lossy Networks(RPL)to address the unique requirements of such networks.Recognizing the critical role of RPL in maintaining high performance,this paper proposes a novel approach to optimizing power consumption.Specifically,it introduces a developed sensor motes topology integrated with a Radio Duty Cycling(RDC)mechanism aimed at minimizing power usage.Through rigorous analysis,the paper evaluates the power efficiency of this approach through several simulations conducted across different network topologies,including random,linear,tree,and elliptical topologies.Additionally,three distinct RDC mechanisms—CXMAC,ContikiMAC,and NullRDC—are investigated to assess their impact on power consumption.The findings of the study,based on a comprehensive and deep analysis of the simulated results,highlight the efficiency of ContikiMAC in power conservation.This research contributes valuable insights into enhancing the energy efficiency of RPL-based IoT networks,ultimately facilitating their widespread deployment and usability in diverse environments.

Switching Frequency Improvement of a High Speed on/off Valve Based on Pre-excitation Control Algorithm

The high-speed on/off valve(HSV)serves as the fundamental component responsible for generating discrete fluids within digital hydraulic systems.As the switching frequency of the HSV increases,the properties of the generated discrete fluid approach those of continuous fluids.Therefore,a higher frequency response characteristic of HSV is the key to ensure the control accuracy of digital hydraulic systems.However,the current research mainly focuses on its dynamic performance,but neglect its FRC.This paper presents a theoretical analysis demonstrating that the FRC of the HSV can be enhanced by minimizing its switching time.The maximum switching frequency(MSF)is mainly determined by opening dynamic performance when HSV operates with low switching duty ratio(SDR),whereas the closing dynamic performance limits the MSF when HSV operates with high SDR.Building upon these findings,the pre-excitation control algorithm(PECA)is proposed to reduce the switching time of the HSV,and consequently enhance its FRC.Experimental results demonstrate that PECA shortens the opening delay time of HSV by 1.12 ms,the closing delay time by 2.54 ms,and the closing moving time by 0.47 ms in comparison to the existing advanced control algorithms.As a result,a larger MSF of 417 Hz and a wider controllable SDR range from 20%to 70%were achieved at a switching frequency of 250 Hz.Thus,the proposed PFCA in this paper has been verified as an effective and promising approach for enhancing the control performance of digital hydraulic systems.

Modeling the System for Hybrid Renewable Energy Using Highly Efficient Converters and Generator

High-efficient isolated DC/DC converters with a high-efficiency synchronous reluctance generator(SRG)are the ultimate solutions in DC microgrid systems.The design and modeling of isolated DC/DC converters with the performance of SRG are carried out.On the generator side,reactive and active powers are used as pulse width modulation(PWM)control variables.Further,the flux estimator is used.Three-phase PWM rectifier is used by applying space vector modulation(SVM)with a constant switching frequency for direct power control.Further,the paper also includes the experimental validation of the results.The paper also proposes that highly efficient power converters and synchronous reluctance generators are required to achieve high performance for hybrid renewable energy systems applications.

The Modernization of Trustee's Fiduciary Duties in the Chinese Trust Law:A Perspective from the Uniform Trust Code in the United States

Trust is the greatest and most distinctive achievement of English law,grown and developed over the passage of time,to meet new demands towards providing new solutions to problems,resulting in its widespread and inventive use worldwide.Although the trust system was introduced by the enactment of a specialist Trust Law of the People's Republic of China in 2001,there is no significant growth in the use of the trust system in civic life.The personal fiduciary relationship between the settlor and trustee is the foundation of a trust.The trustee has an affirmative cquitable duty to act solely in the interest of the beneficiaries.Whether people can rely on the trust system and use it universally is highly dependent on a trustee's fiduciary duty.In the United States,thirty-four states and the District of Columbia have adopted some substantive provisions of the very valuable Uniform Trust Code(UTC).To promote the development and appropriate application of Chinese Trust Law,this article examines the differences between trustee obligations under the American UTC and Chinese Trust Law,and then proposes the amendment suggestion for Chinese Trust Law.This article consists of five parts.In addition to the Introduction,Part I of this article overviews the provisions of a trustee's fiduciary duties in Chinese Trust Law.PartⅡdiscusses and compares the differences and similarities on trustee's fiduciary duties in Chinese Trust Law and the UTC.Part Ⅲ explores the comparative consideration of a trustee's fiduciary duties,and provides the proposals for legal reform.Finally,this article brings forward a brief conclusion.

Experimental Study of a Quadratic Boost: The Cascaded Connected Single Switch

The quadratic boost is studied under its real model. The equations, of the continuous conduction mode, descriptive of this model are established. From these equations, the expressions of the voltage gain and the efficiency are extracted. These two quantities are plotted as a function of the duty cycle in order to appreciate them in different operating points of the transistor. The values of the different components have also been extracted for the fabrication of a prototype of the converter. Thanks to a set of experimental measurements at the input as well as at the output of the prototype converter, the voltage gain and the efficiency could also be observed. These were also plotted for different loads to observe converter behavior. The theoretical curves were compared with the experimental curves which allowed to validate the proposed mathematical models on a large range of duty cycles.

Should the Government Cut Import Duties on Luxury Goods?

China’s domestic consumer spending on luxury goods reached $12 billion last year, ranking second in the world, next only to Japan.

EU’s safeguard duties on high tenacity yarn of polyesters set an alarming trend

The EU has imposed a provisional anti-dumping duty on high tenacity yarn of polyesters from China on Jun. 2. Overseas crisis-fighting measures such as anti-dumping action, are up sharply in recent years. Chinese suppliers have to live with a challenging production environment

An Analytic Method of Segmented PWM Duty Cycle for Switched Reluctance Motor

In view of the large current peak and torque ripple in the actual current chopping control of switched reluctance motor,a segmented PWM duty cycle analysis method of switched reluctance motor based on current chopping control is proposed in this paper.The method realizes the control of the winding current by adjusting the average voltage of the two ends of the winding in one cycle through the PWM duty cycle.At the same time,according to the inductance linear model,the conduction phase is divided into a small inductance region and an inductance rising region,and the analytical formulas of PWM duty cycle in the two regions are deduced respectively.Finally,through matlab/simulink simulation and motor platform experiment,the current chopping control is compared with the segmented PWM duty cycle analysis method in this paper.Simulation and experimental results show that the segmented PWM duty cycle analysis method can effectively reduce the current peak and torque ripple,and has high practical application value.

Epistemic Analysis of Kantian Ethics of Duty Call vis-a-vis Paranormal in Nigerian Society Among Nigerian Clergymen

This work is geared to carry out epistemic analysis of Kantian ethics of duty call vis-à-vis paranormal in Nigerian society among clergymen.The recent changes in Nigerian and other African countries like colonialism that brought Western education,globalization,urbanization,and new religion(Islam and Christianity)have made it that divination in traditional African religion is no longer in vogue in this contemporary period.Divination and fortune telling have taken a new dimension in form of faith healing and miracles by some prophets and so called men of God like pastors,priests,and imam.The quest for materialism among the ministers and clerics of Islamic,Christian and traditional religion has made them abuse their religious calling for their selfish interests.This work makes use of analytic and critical methods of data analysis.This work postulates that Immanuel Kant’s ethics of duty call serves to provide a guiding principle to Nigeria clergymen of different religions on the need for them to carry out their religious duties out of good will.On the other hand,twisting or distorting the teachings of their religion to serve their various selfish interests contravenes Immanuel Kant’s ethics of duty call.Finally,they have to contribute positively to nation building by propagating or fostering the positive ideology,theories,or doctrines that will promote love and national unity in a multicultural country like Nigeria.

Stamp Duty Tax and Growth of Economy:Evidence from Nigeria

This study looked at the impact of the Nigerian stamp duty tax on the growth of the economy.Time series data were employed spanning the years 1999-2020.For various years,related data were extracted from the Central Bank of Nigeria Statistical Bulletin,the Bureau of National Statistics,and Federal Inland Revenue Service reports.E-view 9.0 was used to test the hypothesis using the ordinary least square.The study outcome revealed that stamp duty has an insignificant and positive impact on Nigeria’s economic growth.It was recommended that the government improve public entities and provide strong government investment as a source of domestic revenue generated from various business activities.

Certainty,Justice and the Law of Agency in the Chinese Civil Code:A View from England

The new Chinese rules on agency do not impose broad“fiduciary”duties on agents—instead,there are a number of specific provisions designed to protect the principal against particular abuses to which it is peculiarly vulnerable in the principal/agent relationship.Chinese law,thus,deliberately refuses to follow the lead of English law,which imposes very strict and wide-ranging fiduciary duties on agents.This paper argues that this is probably wise.English law has to be seen against a matrix of a system of commercial law which was forged on the anvil of international trade and commodity supply contracts,leading to a set of rules that prefer certainty of outcomes(and the avoidance of litigation)overachieving particular justice in individual cases(such as might have been achieved by subjecting English law to an overarching“good faith”principle).English commercial law is adversarial,not cooperative.This explains why,in a relationship that is characterized by cooperation,such as the principal/agent relationship,the general rules of English commercial law are replaced by wide,justice-oriented rules.A system that is already based on cooperation,for which Chinese law is almost paradigmatic,is likely much more adept at applying the general rules to the agency relationship than English law would be.

A Piecewise Linear Slope Compensation Circuit for DC-DC Converters

To prevent sub-harmonic oscillation and improve the stability and load capacity of the system,a piecewise linear slope compensation circuit is designed. Compared with the traditional design, this circuit provides a compensation signal whose slope varies from different duty cycles at - 40-85℃ ,and reduces the negative effect of slope compensation on the system＇s load capacity and transient response. A current mode PWM Boost DC-DC converter employing this slope compensation circuit is implemented in a UMC 0.6μm-BCD process. The results indicate that the circuit works well and effectively,and the load capacity is increased by 20%. The chip area of the piecewise linear slope compensation circuit is 0.01mm^2 ,which consumes only 8μA quiescent current,and the efficiency ranges up to 93%.

Influence of electric parameters on MAO of AZ91D magnesium alloy using alternative square-wave power source

Micro-arc oxidation （MAO） process was carried out on AZ91D alloy in alkaline borate solution using an alternative square-wave power source with different parameters. The effects of voltage, frequency and duty cycle on the coatings were investigated by orthogonal experiment. It is found that the thickness of coatings increases with the increase of voltage and duty cycle, but decreases with the increase of frequency. The structure and morphology of the coatings also depend on voltage, frequency and duty cycle. The coatings become more porous and crack with increasing voltage and duty cycle. The coating is thin and transparent when the voltage is lower than 120 V. The corrosion resistances of different coatings were evaluated by polarization curves and electrochemical impedance spectroscopy （EIS） in 3.5% NaCl （mass fraction） solution. When the optimized values of voltage, frequency and duty cycle are 140 V, 2 000 Hz and 0.4, respectively, the anodic coating shows the best corrosion resistance.

浅析学生对精读课前“Duty Report”的抗拒心理

学生在精读课堂常常表现出沉默、被动,教师试图在课前增加"Duty Report"环节活跃课堂气氛,但是部分学生对"Duty Report"产生了抗拒心理。笔者通过课堂观察、问卷、访谈等方式,从学生、教师和教学环境着手,分析学生抗拒心理形成原因并力求找到相关对策。

A Novel SPIC with a Simple APFC Circuit

A novel SPIC(smart power IC) with a simple APFC(active power factor correction) circuit on one chip is proposed.The V _ bus (bus voltage) with high power factor falls from 600V to 400V by using a delay circuit in which a long channel length NMOS is used to substitute a large biasing resistance to save chip area.The lower V _ bus results in a smaller R _ on (on-resistance) of power switcher,which reduces the power loss of the power devices,improves the efficiency of the circuit,and reduces the cost of circuits.An integrated high voltage over voltage protect circuit is also designed in the circuits.Theory and simulations both prove the correctness and availability of the design.