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.

The Principle of Differentiation into Physical and Mathematical Theories

The article formulates the main principle of physics, which underlies this science. This principle has been called by the author of this article the Principle of differentiation into physical and mathematical theories. The article gives examples of the application of this principle in quantum mechanics and cosmology. A more detailed proof of the principle of equivalence of the electromagnetic field and the field of strong interaction to a free material particle is given. This principle, formulated in the article “Electrodynamics in Curvilinear Coordinates and the Equation of a Geodesic Line”, revealed the nature of the mass of elementary particles and became the basis for the formulation of the Principle of differentiation into physical and mathematical theories.

The Principle of Proportionality Toward Risk Prevention——Based on the Judgment Logic of European COVID-19 Derogation Measures

The COVID-19 pandemic has brought legal challenges to the containment measures adopted by European countries.During the outbreak and containment phase of the pandemic,most European countries adopted measures such as lockdowns and mandatory home quarantines based on the principle of risk prevention.However,Article 15 of the European Convention on Human Rights and judgments by the European Court of Human Rights require such measures to comply with the principle of proportionality.In view of this,this article examines the European Court of Justice’s loose judgments on the derogation measures during the pandemic,and the European Court of Human Rights’situational judgments in this regard.Based on the analysis of the legitimacy of the principle of risk prevention and the principle of proportionality in responding to public health emergencies,this article prudently examines and predicts the trend of applying the principle of proportionality of risk prevention for the European COVID-19 derogation measures from three perspectives of legitimacy,necessity,and feasibility.

Attack on Optical Double Random Phase Encryption Based on the Principle of Ptychographical Imaging

The principle of ptychography is applied in known plain text attack on the double random phase encoding （DRPE） system. We find that with several pairs of plain texts and cipher texts, the model of attack on DRPE can be converted to the model of ptyehographical imaging. Owing to the inherent merits of the ptyehographical imaging, the DRPE system can be breached totally in a fast and nearly perfect way, which is unavailable for currently existing attack methods. Further, since the decryption keys can be seen as an object to be imaged from the perspective of imaging, the ptychographical technique may be a kind of new direction to further analysis of the security of other encryption systems based on double random keys.

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.

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 Self-Deployment of Worlds on the Other Side of the Big Bang

String theory and quantum loop gravity have given us a lot of hope and have achieved some success in trying to build a quantum theory of gravity. However, we still don’t have definitive answers. In this paper, we substantiate the idea of the existence of a Primary Parent Particle, constituents of the medium of primary matter before the Big Bang and describe its structure, consisting of three Beginnings united in the form of Borromeo rings. We derived a generalization of the Bohr-Sommerfeld quantization rules on the multidimensional case and considered problems of the embedding spaces into the each other based on the Nash theorems. Assuming that at the distances occupied by the triad we can consider the space Euclidean flat, we introduce quantum mechanical equations describing them. The problems of constructing the theory of quantum gravity and Dark matter radiation are considered separately. As part of our approach, we describe the acceleration of the Universe created by Dark Energy during expansion. We criticize principle of dualism, which can be used only for linear theories, but is not applicable to nonlinear theories. We investigated various distributions of dark matter densities and the gravitational potentials induced by them in galaxies and velocities for rotation curves. The main goal in the article was to show self-deployment of the Universe and its origin before Big Bang.

The principle of optimization of binary mobile phase composition of multi-step linear gradient elution

The basic principle of optimal method called “moving overlapping resolution mapping Method” to select the optimal binary mobile phase composition of multi-step linear gradient liquid chromatography is discussed with simultaneously considering effects of position of solute inside the column and mobile phase composition on peak resolution and retention value, then a BASIC program based on this principle is developed in IBM-PC computer. The validities of both principle of optimization and BASIC program are confirmed by separation of samples Containing bile acids and PAHs in RP-HPLC.

Kinematics and Dynamics of Deployable Structures with Scissor-Like-Elements Based on Screw Theory

Because the deployable structures are complex multi-loop structures and methods of derivation which lead to simpler kinematic and dynamic equations of motion are the subject of research effort, the kinematics and dynamics of deployable structures with scissor-like-elements are presented based on screw theory and the principle of virtual work respectively. According to the geometric characteristic of the deployable structure examined, the basic structural unit is the common scissor-like-element（SLE）. First, a spatial deployable structure, comprised of three SLEs, is defined, and the constraint topology graph is obtained. The equations of motion are then derived based on screw theory and the geometric nature of scissor elements. Second, to develop the dynamics of the whole deployable structure, the local coordinates of the SLEs and the Jacobian matrices of the center of mass of the deployable structure are derived. Then, the equivalent forces are assembled and added in the equations of motion based on the principle of virtual work. Finally, dynamic behavior and unfolded process of the deployable structure are simulated. Its figures of velocity, acceleration and input torque are obtained based on the simulate results. Screw theory not only provides an efficient solution formulation and theory guidance for complex multi-closed loop deployable structures, but also extends the method to solve dynamics of deployable structures. As an efficient mathematical tool, the simper equations of motion are derived based on screw theory.

CONSOLIDATION HEORY OF UNSATURATED SOIL BASED ON THE THEORY OF MIXTURE(Ⅰ)

Unsaturated soil is a three-phase media and is composed of soil grain, water and gas. In this paper, the consolidation problem of unsaturated soil is investigated based on the theory of mixture. A theoretical formula of effective stress on anisotropic porous media and unsaturated soil is derived. The principle of effective stress and the principle of Curie symmetry are taken as two fundamental constitutive principles of unsaturated soil. A mathematical model of consolidation of unsaturated soil is proposed, which consists of 25 partial differenfial equations with 25 unknowns. With the help of increament linearizing method, the model is reduced to 5 governing equations with 5 unknowns, i.e., the three displacement components of solid phase, the pore water pressure and the pore gas pressure. 7 material parameters are involved in the model and all of them can he measured using soil tests. It is convenient to use the model to engineering practice. The well known Biot 's theory is a special case of the model.

The Notion of Efficiency in China’s Civil Law Scholarship

The pursuit of economic efficiency is the major driver for the birth of contemporary Chinese civil law.Contemporary civil law scholarship has demonstrated a serious concern for efficiency from the very beginning.However,many examples suggest that the notion of economic efficiency is often diluted or replaced by factors like civil law doctrinal scholasticism,moral notions,inertial thinking of the planned economy or the will of the leader.It has not been systematically attended to or expressed in a detailed and precise way in the contemporary civil law scholarship in China,rendering some economic judgments uneconomical.In the 21 st century,it is necessary for the civil law studies to establish a clearer and more precise notion of efficiency,to conduct more direct and accurate evaluations on civil laws’incentives on people’s behaviors and their socio-economic effects,so as to reduce the cost of social interactions and promote deeper cooperation and winwin outcome among individuals.

Considerations of the Economic Development in China’s Anddle-West Region

A dpoamic deecription of the marked disparity in economic developmentbetween China' s Middle-West Resion and Along-Coast Resion is presented.Some qualitative investigation is siven to the expected prospects of the Middle-West Resion with some preliminary stratesic suggestions proposed.

The“Erga Omnes”of the Protection of Fundamental Human Rights and the“Complementary Protection”of Refugees Not Prescribed by the UN Convention Relating to the Status of Refugees

The United Nations Convention Relating to the Status of Refugees 1951 and its Protocol in 1967 set Four Essentials to limit the definition of "refugee". The concept of complementary protection emerged in academia and practice for those who, though they do not have the essentials,are in need of protection. Complementary protection is considered not only a moral obligation, but also a legal obligation. Although as the result of developing the principle of "non-refoulement" in international law, "complementary protection" should be limited when economic and social rights are concerned. The development of the non-refoulement principle and the emergence of "complementary protection" are based on the Erga Omnes of human rights. The International Court of Justice has restricted the emergence and evolvement of obligations Erga Omnes within the scope of obligations concerning fundamental and non-derogable human rights, and therefore,the application of "complementary protection" in protecting economic and social rights has been limited. Only when the unbalance of economic and social rights has been serious enough to impact other fundamental human rights will the obligation of "complementary protection" ensue.

Rough law generation and its separation-recognition

By using function S-rough sets（function singular rough sets）, this paper gives rough law generation and the theorem of rough law generation.Based on these results above, the paper proposes rough law separation, the theorem of rough law separation, the compound generation theorem of rough law bands, and the principle of rough law bands.In the end, an application of rough law separation in recognizing the risk law of profit is presented.

Computation of Peak Output for Inputs Restricted in L_2 and L_∞ Norms Using Finite Difference Schemes and Convex Optimization

Control systems designed by the principle of matching gives rise to problems of evaluating the peak output. This paper proposes a practical method for computing the peak output of linear time-invariant and non-anticipative systems for a class of possible sets that are characterized with many bounding conditions on the two- and/or the infinity-norms of the inputs and their derivatives. The original infinite-dimensional convex optimization problem is approximated as a large-scale convex programme defined in a Euclidean space, which are associated with sparse matrices and thus can be solved efficiently in practice. The numerical results show that the method performs satisfactorily, and that using a possible set with many bounding conditions can help to reduce the design conservatism and thereby yield a better match.

Optimization Design of RC Ribbed Floor System Using Eagle Strategy with Particle Swarm Optimization

The eagle strategy algorithm is combined with particle swarm optimization in this paper.The new algorithm,denoted as the ES-PSO,is implemented by interfacing Etabs structural analysis codes.ES-PSO is used to optimize the RC ribbed floor system,including floor and underground garage roof.By considering the effects of reinforcement,the principle of virtual work is applied to calculate the deflections of components.Construction cost is taken as the objective function and the constraint conditions are required to satisfy.Accordingly,the optimal layout,the optimal sections of the beams and slabs and the corresponding reinforcements are obtained for different column grids.In this investigation,the RC ribbed floor system is optimized according to the Chinese standard,whose column grids are 8.4 m and 8.4 m.The performance of the ES-PSO algorithm is good enough,which can be applied to practical engineering.The paper can also provide a basis for subsequent optimization design of monolithic structures.