Criminal law involves crucial rights of the public,including property rights,political rights,freedom,and even life.As a result,on the one hand,any change to the rule by criminal law may have a significant impact on p...Criminal law involves crucial rights of the public,including property rights,political rights,freedom,and even life.As a result,on the one hand,any change to the rule by criminal law may have a significant impact on people’s lives;on the other hand,any change to the rule by criminal law is a highly sensitive issue.In view of these points,the rule by criminal law is often referred to as the seismograph for the protection of human rights,indicating the utmost importance of rule by criminal law展开更多
An appropriate coupled cohesive law for predicting the mixed mode failure is established by combining normal separation and tangential separation of surfaces in the cohesive zone model （CZM） and the cohesive element...An appropriate coupled cohesive law for predicting the mixed mode failure is established by combining normal separation and tangential separation of surfaces in the cohesive zone model （CZM） and the cohesive element method. The Xu-Needleman exponential cohesive law with the fully shear failure mechanism is one of the most popular models. Based on the proposed consistently coupled rule/principle, the Xu-Needleman law with the fully shear failure mechanism is proved to be a non-consistently coupled cohesive law by analyzing the surface separation work. It is shown that the Xu-Needleman law is only valid in the mixed mode fracture when the normal separation work equals the tangential separation work. Based on the consistently coupled principle and the modification of the Xu-Needleman law, a consistently coupled cohesive （CCC） law is given. It is shown that the proposed CCC law has already overcome the non-consistency defect of the Xu-Needleman law with great promise in mixed mode analyses.展开更多
In 2000, the interpretation of the specific application of law on the trial of traffic accident criminal cases was issued by the Supreme People＇ s court. The second article and the fourth article in the judicial inte...In 2000, the interpretation of the specific application of law on the trial of traffic accident criminal cases was issued by the Supreme People＇ s court. The second article and the fourth article in the judicial interpretation take the ＂no ability of the amount of compensation＂ as conviction and aggravated punishment standard after the traffic accident, causing the academic community fierce controversy. This article briefly states the publishing background, applicable conditions, defects and its positive significance of the two provisions. This paper nresents the immature modification suggestions for the two nrovisions.展开更多
文摘Criminal law involves crucial rights of the public,including property rights,political rights,freedom,and even life.As a result,on the one hand,any change to the rule by criminal law may have a significant impact on people’s lives;on the other hand,any change to the rule by criminal law is a highly sensitive issue.In view of these points,the rule by criminal law is often referred to as the seismograph for the protection of human rights,indicating the utmost importance of rule by criminal law
基金Project supported by the National Natural Science Foundation of China(Nos.50878117 and 51038006)the China Scholarship Council Project(No.M.H.HE-2009621076)the Tsinghua University Initiative Scientific Research Program(No.20101081766)
文摘An appropriate coupled cohesive law for predicting the mixed mode failure is established by combining normal separation and tangential separation of surfaces in the cohesive zone model （CZM） and the cohesive element method. The Xu-Needleman exponential cohesive law with the fully shear failure mechanism is one of the most popular models. Based on the proposed consistently coupled rule/principle, the Xu-Needleman law with the fully shear failure mechanism is proved to be a non-consistently coupled cohesive law by analyzing the surface separation work. It is shown that the Xu-Needleman law is only valid in the mixed mode fracture when the normal separation work equals the tangential separation work. Based on the consistently coupled principle and the modification of the Xu-Needleman law, a consistently coupled cohesive （CCC） law is given. It is shown that the proposed CCC law has already overcome the non-consistency defect of the Xu-Needleman law with great promise in mixed mode analyses.
文摘In 2000, the interpretation of the specific application of law on the trial of traffic accident criminal cases was issued by the Supreme People＇ s court. The second article and the fourth article in the judicial interpretation take the ＂no ability of the amount of compensation＂ as conviction and aggravated punishment standard after the traffic accident, causing the academic community fierce controversy. This article briefly states the publishing background, applicable conditions, defects and its positive significance of the two provisions. This paper nresents the immature modification suggestions for the two nrovisions.
