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...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.展开更多
The problem of optimal periodic pulse jamming design for a quadrature phase shift keying（QPSK）communication system is investigated.First a closed-form bit-error-rate（BER）of QPSK system under the jamming of pulse s...The problem of optimal periodic pulse jamming design for a quadrature phase shift keying（QPSK）communication system is investigated.First a closed-form bit-error-rate（BER）of QPSK system under the jamming of pulse signal is derived.Then the asymptotic performance of the derived BER is analyzed as the signal-to-noise ratio（SNR）grows to infinity.In order to maximize the BER of the QPSK system,the optimal parameters of periodic pulse jamming signal,including the duty cycle and signal-tojamming power ratio（SJR）,are found out.Numerical results are presented to verify our analytical results and the optimality of our design.展开更多
The protection of personal information plays an extremely important role in the construction of digital government.The duty to inform is a prerequisite core obligation that the government should fulfill in processing ...The protection of personal information plays an extremely important role in the construction of digital government.The duty to inform is a prerequisite core obligation that the government should fulfill in processing personal information,a concrete expression of the right to self-determination of personal information,and a prerequisite for the right to protection of personal information that works as a fundamental right to defense the intrusion from the government,as well as a procedural regulatory tool to restrain the government’s information power and prevent the risk of infringement.As the rules on the processing of personal information and the duty to inform have both the nature of public law,the government’s processing of personal information is also public law in nature,especially because of the constitutional value and power control function of the duty to inform,the construction of a system for the duty to inform cannot be copied from the rules applicable to private subjects,but should be tailored to the public law characteristics of the government’s processing of personal information,overcoming the shortcomings of the current rough and fragmented legislation,and set up a systematic regulation based on the public law in term of the legal subject,procedure,content,consequences of obligation violations and legal protection.展开更多
为进一步做好应急值守的排班和日常管理工作,提高江西省气象部门值班工作效率,满足当前应急值班工作需求,研发了应急值班系统。该系统基于Microsoft公司开发的服务器端脚本环境Active Server Pages(ASP),整体架构采用C/S形式的两层架构...为进一步做好应急值守的排班和日常管理工作,提高江西省气象部门值班工作效率,满足当前应急值班工作需求,研发了应急值班系统。该系统基于Microsoft公司开发的服务器端脚本环境Active Server Pages(ASP),整体架构采用C/S形式的两层架构。本系统已在省局应急值班室试运行,试运行期间,效果良好。展开更多
文摘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.
基金Supported by the National Natural Science Foundation of China(61271258)
文摘The problem of optimal periodic pulse jamming design for a quadrature phase shift keying（QPSK）communication system is investigated.First a closed-form bit-error-rate（BER）of QPSK system under the jamming of pulse signal is derived.Then the asymptotic performance of the derived BER is analyzed as the signal-to-noise ratio（SNR）grows to infinity.In order to maximize the BER of the QPSK system,the optimal parameters of periodic pulse jamming signal,including the duty cycle and signal-tojamming power ratio（SJR）,are found out.Numerical results are presented to verify our analytical results and the optimality of our design.
文摘The protection of personal information plays an extremely important role in the construction of digital government.The duty to inform is a prerequisite core obligation that the government should fulfill in processing personal information,a concrete expression of the right to self-determination of personal information,and a prerequisite for the right to protection of personal information that works as a fundamental right to defense the intrusion from the government,as well as a procedural regulatory tool to restrain the government’s information power and prevent the risk of infringement.As the rules on the processing of personal information and the duty to inform have both the nature of public law,the government’s processing of personal information is also public law in nature,especially because of the constitutional value and power control function of the duty to inform,the construction of a system for the duty to inform cannot be copied from the rules applicable to private subjects,but should be tailored to the public law characteristics of the government’s processing of personal information,overcoming the shortcomings of the current rough and fragmented legislation,and set up a systematic regulation based on the public law in term of the legal subject,procedure,content,consequences of obligation violations and legal protection.
文摘为进一步做好应急值守的排班和日常管理工作,提高江西省气象部门值班工作效率,满足当前应急值班工作需求,研发了应急值班系统。该系统基于Microsoft公司开发的服务器端脚本环境Active Server Pages(ASP),整体架构采用C/S形式的两层架构。本系统已在省局应急值班室试运行,试运行期间,效果良好。
