The close coupling of civil litigation rights and human rights mean how well litigation rights are realized can directly or indirectly affect the judicial protection of human rights.Therefore,human rights protection i...The close coupling of civil litigation rights and human rights mean how well litigation rights are realized can directly or indirectly affect the judicial protection of human rights.Therefore,human rights protection in the field of civil litigation should take the right of civil litigation as the starting point and core.Based on a sample questionnaire survey of judges and lawyers,this paper conducts an empirical analysis and proposes that the exercise of this right should be taken as the main line to build a comprehensive protection mechanism for this right to realize its role in providing an institutional guarantee for human rights protection.It specifies three aspects:first,the process of filing a case should uphold the freedom and equality of the right to initiate litigation,remove substantial obstacles that affect the filing of the case,and ensure access to justice for disadvantaged groups;second,the trial procedure should have strengthened checks and balances on judicial power to ensure the right of litigation is compromised,and respects the procedural subject status of the two parties to realize equal protection of both parties;the third is to promote the implementation and improvement of relief for this right in the supervisory procedure,clarify the boundary of its relief by procuratorial supervision,and enhance the comprehensiveness and accuracy of the relief.展开更多
The United States is the first bourgeois republic nation.The history of its political system dates back to 400 years ago.In the history of the American Continent,'The May Flower Treaty' for the first time wrot...The United States is the first bourgeois republic nation.The history of its political system dates back to 400 years ago.In the history of the American Continent,'The May Flower Treaty' for the first time wrote the democratic thoughts on the paper.And the Virginia Congress was the earliest found congress,which made the Congress a basic political system in the colonies.The Independent Declaration passed on July 4th,1776 established the basic system in the colonies.In 1787 when 'The Constitution of United States' was made and passed,the political system centered on 'checks and balances' was finally confirmed.Since that time,the American politicians have been boasting their most 'advanced' and 'perfect' political system all over the world and trying to promote it all over the world.In fact,more than half of the countries in the world really applied the American political system in their bourgeois revolution.However,the financial crisis originated in USA in 2008 strongly questioned the effectiveness of American political system.The USA government's performance in the crisis was widely criticized by other countries.This dissertation will analyze the problems exposed in the execution of the American political system centered on 'checks and balances'.The writer will exam the problems shown in this time's financial crisis and pay attention to the problems of the two-party system,the electoral system,etc.The writer hopes that the dissertation can give some lights and create a new view.展开更多
As an innovative financing behavior,equity pledge breaks the limit of traditional financing,and broadens the financing channels of companies and major shareholders.This paper comprehensively considers the impact of co...As an innovative financing behavior,equity pledge breaks the limit of traditional financing,and broadens the financing channels of companies and major shareholders.This paper comprehensively considers the impact of controlling shareholder equity pledge on corporate value from three research perspectives.The main conclusions are as follows:(1)When the equity pledge is not considered,the cash flow rights and voting rights of the company owned by the controlling shareholder are positively correlated with corporate value.That is,this presents incentive effect,but the existence of the separation of the two powers brings the second type of agency problem and reduces corporate value.(2)When considering the equity pledge,the controlling shareholder’s equity pledge may weaken the incentive effect and strengthen the encroachment effect which causing a reduction of corporate value.(3)Based on the accounting point of view,the controlling shareholder’s equity pledge is negatively correlated with the corporate performance,while the concentration of ownership dilutes this negative effect.(4)The balance of equity weakens the negative effect of the controlling shareholder’s equity pledge on corporate value,thereby reduces the negative impact of the equity pledge.展开更多
To investigate the effects of strain hardening, strain softening and dynamic balance behaviors of 2A12-T4 aluminum alloy on the welding residual plastic strain and residual stresses, the true stress-true strain curves...To investigate the effects of strain hardening, strain softening and dynamic balance behaviors of 2A12-T4 aluminum alloy on the welding residual plastic strain and residual stresses, the true stress-true strain curves at different temperature of certain material were used in the FEM modeling process. The simulation results show that little influence on the welding residual plastic strain and residual stresses was found as the strain hardening, strain softening and dynamic balance worked together.展开更多
Under the Lisbon Treaty, the EU High Representative for Foreign Affairs （HRVP） has obtained far-reaching powers to formulate, coordinate and implement EU external policies, traditionally a prerogative of the state. ...Under the Lisbon Treaty, the EU High Representative for Foreign Affairs （HRVP） has obtained far-reaching powers to formulate, coordinate and implement EU external policies, traditionally a prerogative of the state. In the exercise of this delegated powers, the HRVP is assisted by a dedicated administrative body, the European External Action Service （EEAS）. Formal decision-making over the EU＇s common foreign and security policy lies with the Council, while the European Neighborhood and Trade policies, as well as international cooperation remain competences of the EU-Commission. Concomitantly, the EEAS is situated within several, partly overlapping and conflicting accountability relationships. The ensuing question is： To what extent, how and by whom can the HRVP and the EEAS be held politically to account？ With data from official documents, 50 semi-structured interviews and a survey among 184 EU foreign policy-makers, the article maps and assesses of the multi-level actor/forum relationships of the EU＇s foreign policy machinery.展开更多
基金phased project of“Judicial System and Human Rights Protection——A Study on the Protection of the Right of Action in Civil Judicial Reform”(19JJD820014)the Ministry of Education’s Key Research Base of Humanities and Social Sciences for Colleges and Universities in 2019
文摘The close coupling of civil litigation rights and human rights mean how well litigation rights are realized can directly or indirectly affect the judicial protection of human rights.Therefore,human rights protection in the field of civil litigation should take the right of civil litigation as the starting point and core.Based on a sample questionnaire survey of judges and lawyers,this paper conducts an empirical analysis and proposes that the exercise of this right should be taken as the main line to build a comprehensive protection mechanism for this right to realize its role in providing an institutional guarantee for human rights protection.It specifies three aspects:first,the process of filing a case should uphold the freedom and equality of the right to initiate litigation,remove substantial obstacles that affect the filing of the case,and ensure access to justice for disadvantaged groups;second,the trial procedure should have strengthened checks and balances on judicial power to ensure the right of litigation is compromised,and respects the procedural subject status of the two parties to realize equal protection of both parties;the third is to promote the implementation and improvement of relief for this right in the supervisory procedure,clarify the boundary of its relief by procuratorial supervision,and enhance the comprehensiveness and accuracy of the relief.
文摘The United States is the first bourgeois republic nation.The history of its political system dates back to 400 years ago.In the history of the American Continent,'The May Flower Treaty' for the first time wrote the democratic thoughts on the paper.And the Virginia Congress was the earliest found congress,which made the Congress a basic political system in the colonies.The Independent Declaration passed on July 4th,1776 established the basic system in the colonies.In 1787 when 'The Constitution of United States' was made and passed,the political system centered on 'checks and balances' was finally confirmed.Since that time,the American politicians have been boasting their most 'advanced' and 'perfect' political system all over the world and trying to promote it all over the world.In fact,more than half of the countries in the world really applied the American political system in their bourgeois revolution.However,the financial crisis originated in USA in 2008 strongly questioned the effectiveness of American political system.The USA government's performance in the crisis was widely criticized by other countries.This dissertation will analyze the problems exposed in the execution of the American political system centered on 'checks and balances'.The writer will exam the problems shown in this time's financial crisis and pay attention to the problems of the two-party system,the electoral system,etc.The writer hopes that the dissertation can give some lights and create a new view.
文摘As an innovative financing behavior,equity pledge breaks the limit of traditional financing,and broadens the financing channels of companies and major shareholders.This paper comprehensively considers the impact of controlling shareholder equity pledge on corporate value from three research perspectives.The main conclusions are as follows:(1)When the equity pledge is not considered,the cash flow rights and voting rights of the company owned by the controlling shareholder are positively correlated with corporate value.That is,this presents incentive effect,but the existence of the separation of the two powers brings the second type of agency problem and reduces corporate value.(2)When considering the equity pledge,the controlling shareholder’s equity pledge may weaken the incentive effect and strengthen the encroachment effect which causing a reduction of corporate value.(3)Based on the accounting point of view,the controlling shareholder’s equity pledge is negatively correlated with the corporate performance,while the concentration of ownership dilutes this negative effect.(4)The balance of equity weakens the negative effect of the controlling shareholder’s equity pledge on corporate value,thereby reduces the negative impact of the equity pledge.
文摘To investigate the effects of strain hardening, strain softening and dynamic balance behaviors of 2A12-T4 aluminum alloy on the welding residual plastic strain and residual stresses, the true stress-true strain curves at different temperature of certain material were used in the FEM modeling process. The simulation results show that little influence on the welding residual plastic strain and residual stresses was found as the strain hardening, strain softening and dynamic balance worked together.
文摘Under the Lisbon Treaty, the EU High Representative for Foreign Affairs （HRVP） has obtained far-reaching powers to formulate, coordinate and implement EU external policies, traditionally a prerogative of the state. In the exercise of this delegated powers, the HRVP is assisted by a dedicated administrative body, the European External Action Service （EEAS）. Formal decision-making over the EU＇s common foreign and security policy lies with the Council, while the European Neighborhood and Trade policies, as well as international cooperation remain competences of the EU-Commission. Concomitantly, the EEAS is situated within several, partly overlapping and conflicting accountability relationships. The ensuing question is： To what extent, how and by whom can the HRVP and the EEAS be held politically to account？ With data from official documents, 50 semi-structured interviews and a survey among 184 EU foreign policy-makers, the article maps and assesses of the multi-level actor/forum relationships of the EU＇s foreign policy machinery.
