An Empirical Analysis of the Impact of the Contract Book of the Civil Code on Labor Dispute Trial Practices:A Study of Four Hundred Judgments

Interpretation(I)of the Supreme People’s Court of Issues Concerning the Application of Law in the Trial of Labor Dispute Cases allows for the application of pertinent laws and regulations,including the Civil Code of the People’s Republic of China(hereinafter referred to as the“Civil Code”),in labor dispute cases.This has resolved the controversy over the relationship between civil law and labor law in academic and practical communities.In view of this development,we examined four hundred judicial documents,analyzing the focal points of disputes,the reasoning behind judgments,applicable laws,and judgment results.Our study identified seven impacts of the Contract Book of the Civil Code on labor dispute trial practices,exploring the underlying logic behind these changes and proposing policy suggestions to promote consistent judgments across jurisdictions,enhance judicial credibility,and encourage employers to govern enterprises in compliance with the law while empowering employees to safeguard their rights in accordance with relevant laws and regulations.

F-rough law and the discovery of rough law

By using function one direction S-rough sets （function one direction singular rough sets）, this article presents the concepts of F-law, F-rough law, and the relation metric of rough law; by using these concepts, this article puts forward the theorem of F-law relation metric, two orders theorem of F-rough law relation metric, the attribute theorem of F-rough law band, the extremum theorem of F-rough law relation metric, the discovery principle of F-rough law and the application of F-rough law.

Development of Aluminium Based Hybrid Metal Matrix Composites for Heavy Duty Applications

The present study deals with the investigation of dry sliding wear behavior of aluminium alloy based composites, reinforced with silicon carbide particles and solid lubricants such as graphite/antimony tri sulphide (Sb2S3). The first one of the composites (binary) consists of Al. with 20% Silicon Carbide particles (SiCp) only. The other composite has SiCp and solid lubricants: Graphite + Sb2S3 (hybrid composite) at solid state. Both composites are fabricated through P/M route using “Hot powder perform forging technology”. The density and hardness are measured by usual methods. The pin-on-disc dry wear tests to measure the tribological properties are conducted for one hour at different parameters namely load: 30, 50 and 80N and speed: 5, 7 and 9m/s. The tested samples are examined using scanning electron microscope (SEM) for the characterization of microstructure and tribolayer on worn surface of composites. The results reveal that wear rate of hybrid composite is lower than that of binary composite. The wear rate decreased with the increasing load and increased with increasing speed. The results of the proposed composites are compared with iron based metal matrix composites (FM01N, FM02) at corresponding values of test parameters. These iron based metal matrix composites are also fabricated by P/M route using ‘Hot powder perform forging technology’. The comparative study reveals that the proposed composites have lower friction coefficient, less temperature rise and low noise level;however they have little higher wear rate. It is concluded that the hybrid composite has acceptable level of tribological characteristics with blacky and smooth worn surface.

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.

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。

General Provisions of the Civil Law and Commercial Legislation: Consensus, Problems and Options——Taking Commercial Agency as an Example

In the context of the codification of China's Civil Code, the academic consensus has been to make commercial legislation systematic and establish commercial norms with proper legislative expression. Many direct and indirect commercial norms in General Provisions of the Civil Law provide evidence that civil law has been turned into commercial law. However, a general overview shows that the absence of related norms, including agency in duty, reveals that General Provisions of the Civil Law is lacking commercial law's characteristics. In addition to the Civil Code, using General Rules of Commercial Law is a relatively reasonable choice for commercial legislative arrangements, such as norms in relation to agency in duty. Taking commercial agency as an example, legislators should adopt problem-oriented and limited systematic patterns of "residue law" instead of unified patterns of codification.

Increasing the Safety of People Activity in Aggressive Potential Locations, Analyzed through the Probability Theory, Modeling/Simulation and Application in Underground Coal Mining

This paper deals with the increasing safety of working in aggressive potential locations, having SCADA system and WSN sensors, using a “probabilistic strategy” in comparison with a “deterministic” one, modeling/simulation and application in underground coal mining. In general, three conditions can be considered: 1) an unfriendly environment that facilitates the risk of accidents, 2) aggressive equipments that can compete to cause accidents and 3) the work security breaches that can cause accidents. These conditions define the triangle of accidents and are customized for an underground coal mining where the methane gas is released with the exploitation of the massive coal. In this case, the first two conditions create an explosive potential atmosphere. To allow people to work in a safe location it needs: first, a continuing monitoring through SCADA system of the explosive potential atmosphere and second, the use of antiexplosive equipment. This method, named “deterministic strategy”, increases the safety of working, but the explosions have not been completely eliminated. In order to increase the safety of working, the paper continues with the presentation of a new method based on hazard laws, named “probabilistic strategy”. This strategy was validated through modeling/simulation using CupCarbon software platform, and application of WSN networks implemented on Arduino equipments. At the end of the paper the interesting conclusions are emphases which are applicable to both strategies.

On the Duty of the Government to Safeguard the Right to Water

The right to water is an emerging sort of human rights aiming to protect the right to water indispensable for the survival and development of individuals. From the perspective of International Human Rights Law, the paper analyzes the standards stipulating the international obligations to safeguard the right to water, inspects the state quo of the protection of the right to water in China and demonstrates the lawful suggestions to safeguard the right to water.

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.

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.

China＇s High-Speed Railway Industry and Applicability of the Anti-Monopoly Law

China's high-speed railway industry achieved dazzling development over the years, but not much research has been devoted to this industry from the perspective of competition policy. This paper focuses on the industrial organization of China's high-speed railway industry and the applicability of the Anti-Monopoly Law. We intend to answer the following questions:(1) Why is the high-speed railway industry not an industry of natural monopoly? Which segments of the industry have elements of natural monopoly?(2) At the level of corporate organization, what is the legal and economic rationale behind the patterns of China's high-speed railway undertakings evolving from government-affiliated enterprises to special legal person enterprises and then shareholding companies?(3) The applicability of the Anti-Monopoly Law to the high-speed railway industry. Our conclusions from the perspective of competition policy are worth referencing for similar industries such as electric power, telecommunications, and water and gas supply.

Function S-rough sets and mining-discovery of rough law in systems

Function S-rough sets （function singular rough sets） is defined on a -function equivalence class [u]. Function S-rough sets is the extension form of S-rough sets. By using the function S-rough sets, this paper gives rough law generation model of a-function equivalence class, discussion on law mining and law discovery in systems, and application of law mining and law discovery in communication system. Function S-rough sets is a new theory and method in law mining research.

F-generation law and recognition of system law

If a system is not disturbed （or invaded） by some law, there is no doubt that each system will move according to the expected law and keep stable. Although such a fact often appears, some unknown law breaks into the system and leads it into turbulence. Using function one direction S-rough sets, this article gives the concept of the F-generation law in the system, the generation model of the F-generation law and the recognition method of the system law. Function one direction singular rough sets is a new theory and method in recognizing the disturbance law existing in the system and recognizing the system law.

Hiding dependence-discovery of F-hiding laws and system laws

Function one direction S-rough sets have dynamic characteristics and law characteristics. By using the function one direction S-rough sets, this article presents the concepts of the f-hiding law, F-hiding law, f-hiding law dependence and F-hiding law dependence. Based on the concepts above, this article proposes the hidingdependence theorem of f-hiding laws, the hiding-dependence theorem of F-hiding laws, the hiding-dependence separation theorem, the hiding dependence-discovery principle of unknown laws. Finally, the application of the hiding dependence of hiding laws in the discovery of system laws is given.

Research on the Evaporating Crystalization Behavior of the Magnesium Sulfate Subtypes Brine at High Temperature

Research the evaporating crystalization process of the magnesium sulfate subtypes brine at high temperature from Dalangtan salt lake in Qinghai province.It was revealed that the salt lake is a typical subtype magnesium

Character Analysis of Jeremiah Donovan in "Guests of the Nation"

Guests of the Nation displays vividly the gravity of the tragic dilemma in which O'Connor's characters are caught,between military duty and the ancient sancta of the moral law.In this paper,the author analyzes Jeremiah Donovan,the Irish commanding officer,who is seemingly unfriendly and cold-blooded because he delivers the news of the impending executions to Bonaparte,the innocent narrator and also one of the Irish guards and it is Donovan who fires the gun at the execution.To the exterior,he is a cold antagonist who mercilessly murdered the two English hostages.However,Donovan is a character of dualities and as a victim of the war,he is a character full of contradicts.In the interior,Donovan is a character tortured by the conflicts between what is natural and what is unnatural.

A Proof of First Digit Law from Laplace Transform

The first digit law, also known as Benford’s law or the significant digit law, is an empirical phenomenon that the leading digit of numbers from real world sources favors small ones in a form log(1 + 1/d), where d= 1, 2,..., 9.Such a law has been elusive for over 100 years because it has been obscure whether this law is due to the logical consequence of the number system or some mysterious mechanism of nature. We provide a simple and elegant proof of this law from the application of the Laplace transform, which is an important tool of mathematical methods in physics. It is revealed that the first digit law originates from the basic property of the number system, thus it should be attributed as a basic mathematical knowledge for wide applications.

Judicial Application of International Human Rights Treaties in China

Since the Chinese Constitution does not stipulate the status of international treaties in the domestic legal system,the question of whether the domestic court can apply international human rights treaties keeps obscure all the time.China’s official statement and academic opinions generally believe that the domestic court couldn’t resort to the human rights treaties.In recent years,however,several cases have come out involving direct reference to human rights treaties by the court.The following factors contribute together to the direct reference:the inward-looking nature of international human rights treaties,specific requirements of human rights treaties,and the possible institutional room in Chinas’s current legal system.Take the view off ulfilling international human rights obligations,the practice of judicial application should be fully affirmed.Nevertheless,it should also be noted that relevant practice is still in its infancy,there are some problems such as inconsistent understanding and non-standard application.From the perspective of top-level design,it is necessary to provide a normative basis for the practice of the court,so as to make the international human rights treaties play their due role.

Intertextuality of Translations Into and From Judaeo-Arabic as a Transformative Platform in Jewish-Arabic Universalism:The Case of Legal Monographs of the Late Geonim

In medieval times,translators of Judaeo-Arabic literature living in Islamic lands were fluent in Arabic as this was the lingua franca and,in many cases,their mother tongue.This is only rarely the case for the contemporary scholar.This creates enormous challenges for the modern translators of their works.However,this challenge is an opportunity to bridge cultural and historical gaps by increased accuracy the hallmark of modern scholarship.This interdisciplinary discourse establishes the co-religious Dasein.The research tools which demand knowledge not only of Jewish sources but rather of Islamic texts allow for greater appreciation of contacting influences.Rav Y.al-Barceloni of the 12th century,among others,translated into Hebrew several works of the Geonim with his own halakhic interpretations,interpolations,and expansions.When scholars come today to comprehend anew,these compilations they paradoxically are more reflective of the original text than scholars of the middle ages who were contemporaneous with these texts.Nonetheless insofar as the translations are into Hebrew,they produce insular affect on the cultural product,leaving it within the Jewish fold.This fact forces scholars who desire to communicate with the broader audience to publish their results in European languages.In mediaeval studies,this is not as often as one thinks.