In the development and operation of real estate, real estate development enterprises as the principal subject would often establish contractual relationships with subjects of diverse interests including removed househ...In the development and operation of real estate, real estate development enterprises as the principal subject would often establish contractual relationships with subjects of diverse interests including removed households, banks, construction project contractors, and buyers. At times, conflicts of interests might occur among these contractual subjects requesting civil and commercial claims of the same subject matter based on agreements or legal rights. As for the causes of these conflicts and their solutions, a majority of existing researches still stay at the superficial causes from the perspective of civil and commercial law, and the solution of determining the order of priority of compensation of related rights. Due to the lack of research into deep-seated reasons and solutions from the perspective of economic law, the current legislative and judicial approaches to this kind of problems tend to give more protection to the rights of one subject while lack sufficient attention to other subjects. This paper attempts to carry out analyses and research on the causes and solutions to this kind of conflicts from the perspective of economic law, to achieve integrated protection of diverse interests in real estate development and operation so as to better safeguard the order in real estate development and operation and facilitate the healthy and ordered development of the real estate industry.展开更多
Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights prot...Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights protection exerts a profound impact on the value of legislation and enforcement practices of private international laws in the field of cross-border personality rights infringement in various countries,which is mainly manifested in the integration of substantive justice and the humanistic care concept of protecting the rights of vulnerable groups into formal justice,and expands the development space of human rights protection ideas in cross-border personality rights and tort conflict laws.the diversity of human rights protection values determines that cross-border personality rights infringement may lead to conflicts between personality rights and other basic rights,such as freedom of speech.to reconcile such conflicts,a workable method is to prioritize personality rights protection in accordance with the hierarchy of rights theory in the value judgment of public order reservation or to clarify the limits of the right holder’s tolerance obligation through the limited application of the principle of proportionality.China’s current cross-border personality rights and tort conflict law can optimize the protection of the rights of vulnerable groups by diversifying the options of available legal methods,and establish a balancing mechanism between personality rights and freedom of speech,so as to improve China’s legal protection system for human rights in the field of foreign-related civil and commercial affairs.展开更多
The global COVID-19 pandemic is changing the international order and transforming the lifestyle of the mankind pandemic prevention and control has posed new challenges to the traditional system of basic rights Conflic...The global COVID-19 pandemic is changing the international order and transforming the lifestyle of the mankind pandemic prevention and control has posed new challenges to the traditional system of basic rights Conflicts between the right to life and other rights, arising from the pandemic prevention and control measures adopted by governments, have triggered academic debates Governments have taken stringent pandemic prevention and control measures to protect the life, health and safety of the public, including restricting their personal freedom, freedom of religious belief as well as freedom in other spheres, with a view to safeguard the right to life In order to prioritize the right to life among the basic rights, its legitimacy basis should be researched on and a reasonable balance should be struck among the right to life, the right to dignity and other freedoms In the post-epidemic era, we should carry forward the human rights culture, optimize the system and mechanism that defend the value of the right to life, and endow the right to life with new connotation and mission.展开更多
To explore the potential capacity of dual-fight-turn lanes at signalized intersections under mixed traffic conditions, we defined two conflict zones between right turn vehicles and through bicycle corresponding to dif...To explore the potential capacity of dual-fight-turn lanes at signalized intersections under mixed traffic conditions, we defined two conflict zones between right turn vehicles and through bicycle corresponding to different right turn flows from dual-right-turn lanes. Relationships between the arrival rate of bicycle group at each conflict zone and the saturation flow rate of right turn movement were investigated. A model based on gap acceptance theory was adopted to estimate the capacity of dual-right-turn lanes under mixed traffic conditions. An analysis was carried out using the collected data from three four-leg signalized intersections in Beijing, China, where the dual-right-turn lanes were used. In addition, we also discussed the patterns of bicycle lane in the urban area of Beijing, and classified it based on its characteristics in use. It is concluded that the two lanes of dual-fight-turn lanes produce different capacities under mixed traffic conditions, and the analysis on scenarios of dual-right-turn movement traversing bicycle traffic plays a key role in explaining the different capacity performance of the two right turn lanes. Error analysis of the model indicated that the model was rational.展开更多
<strong>Background: </strong>Despite increased recognition of the need for sexual and reproductive health and rights in humanitarian settings, evidence focusing on mainstreaming reproductive health service...<strong>Background: </strong>Despite increased recognition of the need for sexual and reproductive health and rights in humanitarian settings, evidence focusing on mainstreaming reproductive health services such as maternal, neonatal mortality, human immunodeficiency virus transmission and unsafe abortion still remains inadequate. The ability to understand the magnitude of the needs and highlight existing gaps is supported by improved data which is critical to informing effective policies, programming and funding decisions. The purpose of this report is to present the results of a research prioritization exercise on sexual and reproductive health and rights services in humanitarian settings for the WHO Africa region for the next three years. <strong>Methods:</strong> We adapted the Child Health and Nutrition Research Initiative method in three phases. Experts from the region participated in an online survey to identify key areas for research in sexual and reproductive health and rights. To identify potential areas for research, the experts ensured answerability, effectiveness, deliverability, equity and potential impact of the questions. The research areas they identified were reviewed by World Health Organization technical team from headquarters. In a meeting of 67 participants, the questions were subjected to further review and analysis. Using a modified for scoring criteria, the questions were scored and ranked to provide the top ten priority questions to address sexual and reproductive health and rights services in humanitarian settings. <strong>Results: </strong>A list of 21 priority research questions on sexual and reproductive health and rights services in humanitarian settings were scored and ranked. Top ten priorities research questions were identified. Those that scored highly by scoring 30 points out of the possible maximum of 30 include: “determining the prevalence and associated factors of unwanted pregnancies and abortions performed in emergency and humanitarian settings”, “evidence on gender-based violence in humanitarian situations and its associated factors” and “defining an optimal model for coordinating sexual and reproductive health and rights interventions and responses in crisis situations”.<strong> Conclusions:</strong> Top ten research priorities in sexual and reproductive health and rights services in humanitarian settings were identified. The priority research areas have the potential to identify the best areas for programming of services in humanitarian settings. It is our hope that the identified research areas will be prioritized to support programming of services in humanitarian settings based on scientific evidence.展开更多
为科学评价信号交叉口右转渠化岛设置给非机动车过街带来的交通安全风险,实地采集了南昌市5个信号交叉口的视频,并提取了各交叉口右转渠化岛区域机非冲突数据、交叉口几何设计特征、交叉口渠化方式以及交通流特性等数据;采用改进型距离...为科学评价信号交叉口右转渠化岛设置给非机动车过街带来的交通安全风险,实地采集了南昌市5个信号交叉口的视频,并提取了各交叉口右转渠化岛区域机非冲突数据、交叉口几何设计特征、交叉口渠化方式以及交通流特性等数据;采用改进型距离碰撞时间(time to collision,TTC)对交通冲突进行判定,共得到304起冲突事件;基于贝叶斯方法构建了考虑不同交叉口间异质性的随机效应冲突模型,对比了固定效应与随机效应负二项模型的拟合优度并分析了显著影响因素;基于随机效应模型,确定了期望机非冲突数计算公式,绘制了不同交通流情况下信号交叉口渠化岛设置标准曲线并提供了案例说明。研究表明:相比于固定效应模型,随机效应模型对机非冲突有更好的拟合效果;相比于无渠化岛交叉口,软渠化岛和硬渠化岛的设置会导致交通冲突分别增加38%和61.4%;右转机动车交通量、过街非机动车交通量和非机动车违法行驶数量每增加1%,将导致机非冲突分别增加0.85%、0.44%和0.18%;右转机动车平均速度每增加1%,将导致机非冲突减少2.5%。研究成果为定量化分析交通冲突影响要素提供了有效思路,可为右转渠化岛交通设计提供理论支撑。展开更多
文摘In the development and operation of real estate, real estate development enterprises as the principal subject would often establish contractual relationships with subjects of diverse interests including removed households, banks, construction project contractors, and buyers. At times, conflicts of interests might occur among these contractual subjects requesting civil and commercial claims of the same subject matter based on agreements or legal rights. As for the causes of these conflicts and their solutions, a majority of existing researches still stay at the superficial causes from the perspective of civil and commercial law, and the solution of determining the order of priority of compensation of related rights. Due to the lack of research into deep-seated reasons and solutions from the perspective of economic law, the current legislative and judicial approaches to this kind of problems tend to give more protection to the rights of one subject while lack sufficient attention to other subjects. This paper attempts to carry out analyses and research on the causes and solutions to this kind of conflicts from the perspective of economic law, to achieve integrated protection of diverse interests in real estate development and operation so as to better safeguard the order in real estate development and operation and facilitate the healthy and ordered development of the real estate industry.
基金the National Social Science Fund Major Project“Research on the Construction of Systems Applicable Outside the Chinese Jurisdiction in the Perspec-tive of Private International Law”(Project Approval Number 20&ZD202)the National Social Science Fund Key Project“Empirical Research on Judges’Discretion in Foreign-related Civil Trials in China”(Project Approval Number 19AFX026).
文摘Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights protection exerts a profound impact on the value of legislation and enforcement practices of private international laws in the field of cross-border personality rights infringement in various countries,which is mainly manifested in the integration of substantive justice and the humanistic care concept of protecting the rights of vulnerable groups into formal justice,and expands the development space of human rights protection ideas in cross-border personality rights and tort conflict laws.the diversity of human rights protection values determines that cross-border personality rights infringement may lead to conflicts between personality rights and other basic rights,such as freedom of speech.to reconcile such conflicts,a workable method is to prioritize personality rights protection in accordance with the hierarchy of rights theory in the value judgment of public order reservation or to clarify the limits of the right holder’s tolerance obligation through the limited application of the principle of proportionality.China’s current cross-border personality rights and tort conflict law can optimize the protection of the rights of vulnerable groups by diversifying the options of available legal methods,and establish a balancing mechanism between personality rights and freedom of speech,so as to improve China’s legal protection system for human rights in the field of foreign-related civil and commercial affairs.
文摘The global COVID-19 pandemic is changing the international order and transforming the lifestyle of the mankind pandemic prevention and control has posed new challenges to the traditional system of basic rights Conflicts between the right to life and other rights, arising from the pandemic prevention and control measures adopted by governments, have triggered academic debates Governments have taken stringent pandemic prevention and control measures to protect the life, health and safety of the public, including restricting their personal freedom, freedom of religious belief as well as freedom in other spheres, with a view to safeguard the right to life In order to prioritize the right to life among the basic rights, its legitimacy basis should be researched on and a reasonable balance should be struck among the right to life, the right to dignity and other freedoms In the post-epidemic era, we should carry forward the human rights culture, optimize the system and mechanism that defend the value of the right to life, and endow the right to life with new connotation and mission.
文摘To explore the potential capacity of dual-fight-turn lanes at signalized intersections under mixed traffic conditions, we defined two conflict zones between right turn vehicles and through bicycle corresponding to different right turn flows from dual-right-turn lanes. Relationships between the arrival rate of bicycle group at each conflict zone and the saturation flow rate of right turn movement were investigated. A model based on gap acceptance theory was adopted to estimate the capacity of dual-right-turn lanes under mixed traffic conditions. An analysis was carried out using the collected data from three four-leg signalized intersections in Beijing, China, where the dual-right-turn lanes were used. In addition, we also discussed the patterns of bicycle lane in the urban area of Beijing, and classified it based on its characteristics in use. It is concluded that the two lanes of dual-fight-turn lanes produce different capacities under mixed traffic conditions, and the analysis on scenarios of dual-right-turn movement traversing bicycle traffic plays a key role in explaining the different capacity performance of the two right turn lanes. Error analysis of the model indicated that the model was rational.
文摘<strong>Background: </strong>Despite increased recognition of the need for sexual and reproductive health and rights in humanitarian settings, evidence focusing on mainstreaming reproductive health services such as maternal, neonatal mortality, human immunodeficiency virus transmission and unsafe abortion still remains inadequate. The ability to understand the magnitude of the needs and highlight existing gaps is supported by improved data which is critical to informing effective policies, programming and funding decisions. The purpose of this report is to present the results of a research prioritization exercise on sexual and reproductive health and rights services in humanitarian settings for the WHO Africa region for the next three years. <strong>Methods:</strong> We adapted the Child Health and Nutrition Research Initiative method in three phases. Experts from the region participated in an online survey to identify key areas for research in sexual and reproductive health and rights. To identify potential areas for research, the experts ensured answerability, effectiveness, deliverability, equity and potential impact of the questions. The research areas they identified were reviewed by World Health Organization technical team from headquarters. In a meeting of 67 participants, the questions were subjected to further review and analysis. Using a modified for scoring criteria, the questions were scored and ranked to provide the top ten priority questions to address sexual and reproductive health and rights services in humanitarian settings. <strong>Results: </strong>A list of 21 priority research questions on sexual and reproductive health and rights services in humanitarian settings were scored and ranked. Top ten priorities research questions were identified. Those that scored highly by scoring 30 points out of the possible maximum of 30 include: “determining the prevalence and associated factors of unwanted pregnancies and abortions performed in emergency and humanitarian settings”, “evidence on gender-based violence in humanitarian situations and its associated factors” and “defining an optimal model for coordinating sexual and reproductive health and rights interventions and responses in crisis situations”.<strong> Conclusions:</strong> Top ten research priorities in sexual and reproductive health and rights services in humanitarian settings were identified. The priority research areas have the potential to identify the best areas for programming of services in humanitarian settings. It is our hope that the identified research areas will be prioritized to support programming of services in humanitarian settings based on scientific evidence.
文摘为科学评价信号交叉口右转渠化岛设置给非机动车过街带来的交通安全风险,实地采集了南昌市5个信号交叉口的视频,并提取了各交叉口右转渠化岛区域机非冲突数据、交叉口几何设计特征、交叉口渠化方式以及交通流特性等数据;采用改进型距离碰撞时间(time to collision,TTC)对交通冲突进行判定,共得到304起冲突事件;基于贝叶斯方法构建了考虑不同交叉口间异质性的随机效应冲突模型,对比了固定效应与随机效应负二项模型的拟合优度并分析了显著影响因素;基于随机效应模型,确定了期望机非冲突数计算公式,绘制了不同交通流情况下信号交叉口渠化岛设置标准曲线并提供了案例说明。研究表明:相比于固定效应模型,随机效应模型对机非冲突有更好的拟合效果;相比于无渠化岛交叉口,软渠化岛和硬渠化岛的设置会导致交通冲突分别增加38%和61.4%;右转机动车交通量、过街非机动车交通量和非机动车违法行驶数量每增加1%,将导致机非冲突分别增加0.85%、0.44%和0.18%;右转机动车平均速度每增加1%,将导致机非冲突减少2.5%。研究成果为定量化分析交通冲突影响要素提供了有效思路,可为右转渠化岛交通设计提供理论支撑。