The Conflict and Balance Between Intellectual Property Rights and Public Freedom of Information in the“Anti-circumvention Clause”

There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies.

For the Balance Between Rights and Power——In Remembrance of Former CSHRS President Luo Haocai

Mr. Luo Haocai taught at Peking University Law School for a long time. Even though he held such important positions as vice president of Peking University (PKU),chairman of the Central Committee of China Zhi Gong Party, vice president of the Supreme People’s Court, and vice chairman of the Ninth and Tenth National Committee of the CPPCC, he preferred being called "Teacher Luo." My frequent interactions with Teacher Luo started in 2007 and continued to 2016 when he was the president of the CSHRS.

Bayesian and Non-Bayesian Estimation of the Inverse Weibull Model Based on Generalized Order Statistics

The concept of generalized order statistics has been introduced as a unified approach to a variety of models of ordered random variables with different interpretations. In this paper, we develop methodology for constructing inference based on n selected generalized order statistics (GOS) from inverse Weibull distribution (IWD), Bayesian and non-Bayesian approaches have been used to obtain the estimators of the parameters and reliability function. We have examined Bayes estimates under various losses such as the balanced squared error (balanced SEL) and balanced LINEX loss functions are considered. We show that Bayes estimate under balanced SEL and balanced LINEX loss functions are more general, which include the symmetric and asymmetric losses as special cases. This was done under assumption of discrete-continuous mixture prior for the unknown model parameters. The parametric bootstrap method has been used to construct confidence interval for the parameters and reliability function. Progressively type-II censored and k-record values as a special case of GOS are considered. Finally a practical example using real data set was used for illustration.

The Confucian Scholar Class and the Establishment of Traditional Cultural Order

C ultural order is the inherent "soft"order,providing legal explanation and significant value system for the economic order and the political order. C ultural order means the rational,stable and orderly state in the cultural field,w hich can be divided into three levels: the value concept system of the ruling class,i. e.,the ideology of the state; the value system,attitude,belief and orientation of the populace; the self- conscious spirit and value concept system of the intellectual,w hich is represented by literature,art,philosophy and religion.T he establishment and maintenance of the cultural order asks for a group of people believing in such a culture and organizations,institutions and technology to guarantee it. Based on the possession of culture and know ledge and the combination of culture and authority,the C onfucian school class had their say in the traditional society,playing an important role in the establishment and maintenance of the traditional cultural order.

The Empirical Investigation and Improvement Path of Judicial Protection of Civil Litigation Rights in China

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.

The Tension Balance Structure of China's Human Rights Development Path

The human rights white paper has in it the basic concepts of human rights,the form of the human rights system,and the mode of human rights practice in modern China.It is based on the tension balance structure between the historical feature and rationality,the cultural feature and similarity,the realistic feature and the common feature of human rights.Adhering to the historical nature of human rights rather than abstract rationality,and the cultural diversity and equality of human rights rather than one dominant model,and the particularity of human rights rather than universality is the pillar of China’s human rights philosophy,system,and practice.The human rights development path that combines the top-down leadership of China’s ruling party,the capability of the Chinese government in taking a holistic approach and the bottom-up driving force of the people is very different from the natural evolution path of the West.

A New Method of Construction of Robust Second Order Rotatable Designs Using Balanced Incomplete Block Designs

The following article has been retracted due to the investigation of complaints received against it. Title: A New Method of Construction of Robust Second Order Rotatable Designs Using Balanced Incomplete Block Designs Authors: Bejjam Re. Victorbabu, Kottapalli Rajyalakshmi. The above paper is a copy of Dr. Rabindra Nath Das’s former article, entitled '“Robust second order rotatable designs (Part I)”. The scientific community takes a very strong view on this matter and we solemnly withdrawn?the paper from the journal OJS. This paper published in OJS Vol.2 No.1, 39-47, 2012, has been retracted.

Primary resonance of fractional-order Duffing–van der Pol oscillator by harmonic balance method

The dynamical properties of fractional-order Duffing–van der Pol oscillator are studied, and the amplitude–frequency response equation of primary resonance is obtained by the harmonic balance method. The stability condition for steady-state solution is obtained based on Lyapunov theory. The comparison of the approximate analytical results with the numerical results is fulfilled, and the approximations obtained are in good agreement with the numerical solutions. The bifurcations of primary resonance for system parameters are analyzed. The results show that the harmonic balance method is effective and convenient for solving this problem, and it provides a reference for the dynamical analysis of similar nonlinear systems.

LOCALIZED COHERENT STRUCTURES OF THE (2+1)-DIMENSIONAL HIGHER ORDER BROER-KAUP EQUATIONS

By using the extended homogeneous balance method, the localized coherent structures are studied. A nonlinear transformation was first established, and then the linearization form was obtained based on the extended homogeneous balance method for the higher order (2 + 1)-dimensional Broer-Kaup equations. Starting from this linearization form equation, a variable separation solution with the entrance of some arbitrary functions and some arbitrary parameters was constructed. The quite rich localized coherent structures were revealed. This method, which can be generalized to other (2 + I) -dimensional nonlinear evolution equation, is simple and powerful.

SOME CLOSURE PROPERTIES OF RIGHT SPREAD ORDER

It is proved that the right spread order is closed under the formation of parallel systems with independent and identical components. As an application,the simple upper bounds for both the mean and the variance of the life length of a parallel system with independent and identical NBUE components are obtained. Furthermore,it is proved that the right spread order is also closed under increasing convex transformations under some conditions.

The Shareholders' Responsibility for Contribution of Balance of the Equity Assignee

2005年修订的《公司法》第31条规定:"有限责任公司成立后,作为发现设立公司出资的非货币财产的实际价额显著低于公司章程所定价额的应当由交付该出资的股东补足其差额;公司设立时的其他股东承担连带责任。"从该条规定可知,差额补缴责任的主体为公司成立后发现的特定的瑕疵出资人。

The Complicated Security Dilemma and Armament Trends in the Middle East: The Order and Change Predicaments

The security dilemma is a common problem faced with the states in the ongoing anarchic international system.It does matter in the Middle East like the other ones and also has its impact on the arms races in the region too.Meanwhile there are some characters named as the order and change predicaments such as the colonial background,weak infrastructure of state construction,and the identity politics embedded in the region that do convert the current complex security dilemma into a complicated one.Not only does it have effect on the regional order,the arm race and disarmament,and also offense/defense paradox,but also does it get on the violent bandwagon in the region.Synergies of the both dilemmas did lead the region into the domestic environment change alongside of regional disorder too.Non-neutral involving the trans-regional powers into the(in)security situation in the region not only did not mitigate the situation but also volatile it too.In conclusion the paper does strive to introduce three phrased manners for transition of the complicated security dilemma.

Protection of Basic Human Rights in the Application of Big Data to Counter Terrorism

In the era of big data,the ways people work,live and think have changed dramatically,and the social governance system is also being restructured.Achieving intelligent social governance has now become a national strategy.The application of big data technology to counterterrorism efforts has become a powerful weapon for all countries.However,due to the uncertainty,difficulty of interpretation and potential risk of discrimination in big data technology and algorithm models,basic human rights,freedom and even ethics are likely to be impacted and challenged.As a result,there is an urgent need to prioritize basic human rights and regulate the application of big data for counter terrorism purposes.The legislation and law enforcement regarding the use of big data to counter terrorism must be subject to constitutional and other legal reviews,so as to strike a balance between safeguarding national security and protecting basic human rights.

Realization and Protection of Right to Development after Victory of World War Ⅱ

This year marks the 70 th anniversary of the anti-Fascist war, and the right to development is also born during the war. In other words, the right to development is a product of the struggle of developing countries to break the old international order. Therefore, to study the right to development is of profound and realistic significance for human rights protection. The author will start from the meaning of the right to development, trace the course of its formation and evolution, and then by taking history as a mirror, discuss the realization and protection of the right to development, propose some relevant suggestions, so as to promote the development of a new international order and meet the new requirements of globalization.

Analysing chaos in fractional-order systems with the harmonic balance method

In this paper, the fractional-order Genesio-Tesi system showing chaotic behaviours is introduced, and the corresponding one in an integer-order form is studied intensively. Based on the harmonic balance principle, which is widely used in the frequency analysis of nonlinear control systems, a theoretical approach is used to investigate the conditions of system parameters under which this fractional-order system can give rise to a chaotic attractor. Finally, the numerical simulation is used to verify the validity of the theoretical results.

Getting the Balance Right

ECONOMIC uncertainties and expectations of flagging export growth are big concerns for China in 2012. At home, much has been said about over enthusiastic monetary tightening, which may in turn harm the country＇s growth momentum. This gloomy outlook has placed an onus on policymakers to fine-tune their macroeconomic policies and keep a steady hand on the tiller in steering the economy forword.

Getting the Balance Right

In the next five years China will balance economic growth and improving the living standards of its people by Liu Wei IT was widely reported that the chaos in some Middle East and North African countries were results of the inadequate efforts in improving people’s livelihood, a fundamental aspect of social stability. In early March,China held its annual sessions of the National People’s

Getting the Balance Right

POOR infrastructure has long been the Achilles＇ heel of many African countries, hampering economic development and impacting on people＇s daily lives. Providing infrastructure is therefore high on the agenda in Africa and one company heavily involved in this field is China＇s Sinohydro Group Ltd.

Some Characterizations of Left Weakly Regular Ordered Semigroups

In this paper, the notion of left weakly regular ordered semigroups is introduced. Furthermore, left weakly regular ordered semigroups are characterized by the properties of their left ideals, right ideals and （generalized） bi-ideals, and also by the properties of their fuzzy left ideals, fuzzy right ideals and fuzzy （generalized） bi-ideals.

Balance of multi-wavelets

The discrete scalar data need prefiltering when transformed by discrete multi-wavelet, but prefiltering will make some properties of multi-wavelets lost. Balanced multi-wavelets can avoid prefiltering. The sufficient and necessary condition of p-order balance for multi-wavelets in time domain, the interrelation between balance order and approximation order and the sampling property of balanced multi-wavelets are investigated. The algorithms of 1-order and 2-order balancing for multi-wavelets are obtained. The two algorithms both preserve the orthogonal relation between multi-scaling function and multi-wavelets. More importantly, balancing operation doesnt increase the length of filters, which suggests that a relatively short balanced multi-wavelet can be constructed from an existing unbalanced multi-wavelet as short as possible.