The realty(real estate)management of ownership of buildings includes the owner(homeowner)entrust-management and the owner self-management,the former through the way of realty service contracts,the latter through the r...The realty(real estate)management of ownership of buildings includes the owner(homeowner)entrust-management and the owner self-management,the former through the way of realty service contracts,the latter through the resolution of the owners’assembly and the owners’committee.The legal disputes of realty service contracts involve balancing interests among the realty service enterprise,individual owner,and all the owners.We should use dynamic balancing of the interests of the three parties to implement the interests of the win-win cooperation rather than the interests of the trade-off of“all or nothing.”The realty service contract is similar to the entrustment contract,both of which are based on the owners’entrustment.The duty to provide realty service is not simply equivalent to fiduciary duty.The realty service contract has the essence of both behavior debt and result debt.For the former,the general provisions of the entrustment contract can be referred to,and for the latter,the general provisions of the contract for work can be referred to.In view of the group characteristics of the realty service contract,owners have no right to terminate the realty service contract at any time but should obey the principle of due process and take the majority mechanism to make a dismissal resolution resolution.The resolutions and management stipulations worked out by the owners’assembly in a majority mechanism,both of which belong to resolution behavior and are legal tools of the owners’autonomy,shall be binding on all the owners.The relationship between the owner,the owner’s assembly,and the owner’s committee is similar to the fiduciary relationship.If the decision made by the owners’assembly or the owners’committee and the management stipulation infringes upon the legal rights and interests of the owners,the injured owner has the right to revocation litigation.At present,residential commodity owners have a relatively low degree of autonomy in China,and legal disputes over realty services are frequent.In the future,we need to perfect the legal incentive and constraint measures,and stimulate the vitality of owner autonomy to promote better implementation of the owner self-management and owner entrust-management.展开更多
为在保证货主满意度的同时尽可能地控制航运成本,在考虑北极东北航线气象条件和自愿速度损失的基础上,建立北极东北航线航速优化模型,通过带精英策略的非支配排序遗传算法(elitist non-dominated sorting genetic algorithm,NSGA-Ⅱ)和...为在保证货主满意度的同时尽可能地控制航运成本,在考虑北极东北航线气象条件和自愿速度损失的基础上,建立北极东北航线航速优化模型,通过带精英策略的非支配排序遗传算法(elitist non-dominated sorting genetic algorithm,NSGA-Ⅱ)和逼近理想解排序法(technique for order preference by similarity to ideal solution,TOPSIS)筛选出最佳折中解。选取北极东北航线沿线重要港口进行案例分析,结果表明:当航运成本降低时,货主总体满意度会下降,船公司可以根据各货主的重要性调整航速,以平衡航运成本和货主满意度;对比考虑自愿速度损失与无自愿速度损失的北极东北航线航速优化模型发现,两者的优化结果存在显著差异,自愿速度损失直接影响航速优化模型的准确性;航速优化对时间窗较为敏感,较大的时间窗可以为减速和提高船舶能效提供更大的机会空间。展开更多
文摘The realty(real estate)management of ownership of buildings includes the owner(homeowner)entrust-management and the owner self-management,the former through the way of realty service contracts,the latter through the resolution of the owners’assembly and the owners’committee.The legal disputes of realty service contracts involve balancing interests among the realty service enterprise,individual owner,and all the owners.We should use dynamic balancing of the interests of the three parties to implement the interests of the win-win cooperation rather than the interests of the trade-off of“all or nothing.”The realty service contract is similar to the entrustment contract,both of which are based on the owners’entrustment.The duty to provide realty service is not simply equivalent to fiduciary duty.The realty service contract has the essence of both behavior debt and result debt.For the former,the general provisions of the entrustment contract can be referred to,and for the latter,the general provisions of the contract for work can be referred to.In view of the group characteristics of the realty service contract,owners have no right to terminate the realty service contract at any time but should obey the principle of due process and take the majority mechanism to make a dismissal resolution resolution.The resolutions and management stipulations worked out by the owners’assembly in a majority mechanism,both of which belong to resolution behavior and are legal tools of the owners’autonomy,shall be binding on all the owners.The relationship between the owner,the owner’s assembly,and the owner’s committee is similar to the fiduciary relationship.If the decision made by the owners’assembly or the owners’committee and the management stipulation infringes upon the legal rights and interests of the owners,the injured owner has the right to revocation litigation.At present,residential commodity owners have a relatively low degree of autonomy in China,and legal disputes over realty services are frequent.In the future,we need to perfect the legal incentive and constraint measures,and stimulate the vitality of owner autonomy to promote better implementation of the owner self-management and owner entrust-management.
文摘为在保证货主满意度的同时尽可能地控制航运成本,在考虑北极东北航线气象条件和自愿速度损失的基础上,建立北极东北航线航速优化模型,通过带精英策略的非支配排序遗传算法(elitist non-dominated sorting genetic algorithm,NSGA-Ⅱ)和逼近理想解排序法(technique for order preference by similarity to ideal solution,TOPSIS)筛选出最佳折中解。选取北极东北航线沿线重要港口进行案例分析,结果表明:当航运成本降低时,货主总体满意度会下降,船公司可以根据各货主的重要性调整航速,以平衡航运成本和货主满意度;对比考虑自愿速度损失与无自愿速度损失的北极东北航线航速优化模型发现,两者的优化结果存在显著差异,自愿速度损失直接影响航速优化模型的准确性;航速优化对时间窗较为敏感,较大的时间窗可以为减速和提高船舶能效提供更大的机会空间。
