格式条款遁入习惯法源之危机思考——从“31日不计息”规则说起

习惯作为法源,是法治先进国家之通行做法。交易习惯常借助格式条款的"外衣"呈现于世,由此产生二者真假难辨的迷象。格式条款借助行规、示范合同与规范性法律文件潜入交易习惯,进而僭越习惯法源之地位,将逃离信息规制和内容控制的双重规制,剥夺相对人的信息获取权,架空格式条款特别规则。

不足月不计息的办法对吗?

正确核算各种利息,关系到企业、银行的经济核算和群众的利益问题。银行各项存放款业务应收应付的利息,应根据国家批准的利率标准进行精确的计算。建国三十多年以来,利息计算在方法上,一直是采用求取日积数,也就是以"日"为计算单位的办法来计算利息,这种办法不会产生因多一天或少一天的时间差而损害债权或债务者利益的问题。可是近年来,我们的零存整取(包括积零成整)定期储蓄,对提前支取或者是逾期支取者,一律采用求取月积数的办法,足月的计息,不足月的零头天数一律不予计息,

应重新界定财政性存款的缴存计息范围

财政性存款是中央银行的基础货币之一,对平衡中央银行的信贷收支起着积极作用。所以,加强商业银行财政性存款的缴存管理,防止财政性存款的转移显得特别重要。然而,目前财政性存款被转移流失现象严重。究其原因,其中有对财政性存款缴存管理不力的一面,也有随着计划经济向市场经济转变,对财政性存款的缴存和计息范围不清的一面。因此,重新界定财政性存款的缴存和计息范围非常必要。

银行压库的问题亟待解决

目前,专业银行积压财政解缴和划拨资金(以下简称银行“压库”)的问题比较普遍,压库数额之大,时间之长,是很少见的。如有一个县一年财政收入三千万元。

Wireless Channel Parameter Estimation Algorithms: Recent Advances and Future Challenges

Temporal and three-dimensional(3 D) spatial information is important for the characterization of wireless channels. In this paper, the commonly used array signal processing(ASP) methods to estimate channel parameters are summarized. Firstly, algorithms that can be used to estimate azimuth angle of arrival(AAo A) and elevation Ao A(EAo A) are introduced. They include multiple signal classification(MUSIC), estimation of signal parameter via rotational invariance techniques(ESPRIT), and Unitary ESPRIT algorithms. Secondly, algorithms that can be used to jointly estimate delay, AAo A, and EAo A are given. They include joint angle and delay estimation(JADE) MUSIC, JADE ESPRIT, shift-invariance(SI) JADE, and space-alternating generalized expectation-maximization(SAGE) algorithms. We also propose an improved SIJADE algorithm to further reduce computation complexity by incorporating with the Unitary ESPRIT algorithm. Performance of the above algorithms to extract only spatial information and to jointly extract temporal and spatial information is compared in both synthetic and 60 GHz real channel environments. Simulation results show that with the inclusion of delay estimation, the joint temporal and spatial estimation algorithms can provide better resolution than algorithms estimating only angles.Measurement data processing results show that MUSIC algorithm can provide comparable results with SAGE algorithm in estimating AAoA and EAoA. SI-JADE and the improved SI-JADE algorithms are also applicable to process 60 GHz channel measurement data.However, MUSIC, SI-JADE, and the improved SI-JADE algorithms can greatly reduce computational burden compared with SAGE algorithm. At last, some future directions are pointed out.

Constructing Non-binary Asymmetric Quantum Codes via Graphs

The theory of quantum error correcting codes is a primary tool for fighting decoherence and other quantum noise in quantum communication and quantum computation. Recently, the theory of quantum error correcting codes has developed rapidly and been extended to protect quantum information over asymmetric quantum channels, in which phase-shift and qubit-flip errors occur with different probabilities. In this paper, we generalize the construction of symmetric quantum codes via graphs (or matrices) to the asymmetric case, converting the construction of asymmetric quantum codes to finding matrices with some special properties. We also propose some asymmetric quantum Maximal Distance Separable (MDS) codes as examples constructed in this way.

Dynamic estimation and reliability control of quality assurance for bored piles

A systematic method was proposed to estimate the occurrence probability of defective piles(OPDP) from a site according to quality assurance inspection. The OPDP was firstly suggested as the criterion to weight the performance of a pile foundation. Its prior distribution and updating distribution were deduced to follow Beta distributions. To calibrate the OPDP, a dynamic estimation model was established according to the relationships between prior mean and variance and updating mean and variance. Finally, a reliability-control method dealing with uncertainties arising from quality assurance inspection was formalized to judge whether all the bored piles from a site can be accepted. It is exemplified that the OPDP can be substantially improved when more definite prior information and sampling formation become available. For the example studied herein, the Bayesian estimator of updating variance for OPDP is reduced from 0.0037 to 0.0014 for the first inspection, from 0.0014 to 0.0009 for the second inspection, and with less uncertainty by incorporating experience information.

Uncertainty Assessment of Soil Erosion Model Using Particle Filtering

Recent advances in computer with geographic information system(GIS) technologies have allowed modelers to develop physics-based models for modeling soil erosion processes in time and space.However, it has been widely recognized that the effect of uncertainties on model predictions may be more significant when modelers apply such models for their own modeling purposes.Sources of uncertainty involved in modeling include data, model structural, and parameter uncertainty.To deal with the uncertain parameters of a catchment-scale soil erosion model(CSEM) and assess simulation uncertainties in soil erosion, particle filtering modeling(PF) is introduced in the CSEM.The proposed method, CSEM-PF, estimates parameters of non-linear and non-Gaussian systems, such as a physics-based soil erosion model by assimilating observation data such as discharge and sediment discharge sequences at outlets.PF provides timevarying feasible parameter sets as well as uncertainty bounds of outputs while traditional automatic calibration techniques result in a time-invariant global optimal parameter set.CSEM-PF was applied to a small mountainous catchment of the Yongdamdam in Korea for soil erosion modeling and uncertainty assessment for three historical typhoon events.Finally, the most optimal parameter sets and uncertainty bounds of simulation of both discharge and sediment discharge at each time step of the study events are provided.

The Influence of Government Regulation on Audit Quality

＂Independent Audit basic norms＂ pointed out independent audit is the CPA entrusted by law, to be conduct an independent review of the accounting statements and related information and issue the audit opinion.＂ In the stock market, an independent audit is an important means to achieve fair presentation of financial statements by SFC-authorized accounting firm to conduct an independent audit of listed companies. In the open accounting services market, the independent audit is the most occupied audit resources, the most important business, and therefore the business is also subject to severe supervision of the SFC. Its value lies in perform forensic of the financial statements information of listed companies, and the higher the quality, the more it can reduce the risk of material misstatement of the financial statements, which is the need to strengthen and improve audit quality. Our independent audit market originated in the 1980s, along with the reform and opening up, China＇s economy is experiencing rapid growth, the demand for high quality audit increasingly enhanced. Audit activities have the nature of external and information asymmetry. External audit refers to it have an impact to investors, government departments and the other public stakeholders. Information asymmetry refers to the information asymmetry between the auditor and the audited entity, but due to the presence of asymmetric information and other reasons, the interests of stakeholders will be hurt by false information Government regulation as a model audit industry control, either in foreign or domestic, have played an irreplaceable role, especially in the socialism of China, plays a leading role. For example, when Enron bankruptcy United States speedly issue SOX in 2002 to strengthen the role of government regulation, effectively preventing the conspiracy of the CPA and the audited entity and improve audit quality. Visiblely, the role of government regulation in the audit market is very important.

乐清民间融资中问题的法律探讨

一、乐清民间融资中出现的问题浙江乐清是“温州模式”的源地,民间资金融通十分活跃。民间融资的主要形式是借贷和聚会(又称“互助会”),此外,私人钱庄一度曾出现,典当业也已兴起。还出现了一种被称为“银背”的借贷两重性经营者,他们以收取利率差进行营利。聚会本是关系密切的亲朋间,互相以信用为担保,为应付急需而进行的一种互助性不计息的集资形式。在商品经济的条件下,聚会由不计息变为计息,演化出许多形式。聚会对于会主来说是一种无本生利的生意,首会只收进而无须交出,以后逐次随各顺序的会员应会。

研究发行大额可转让存款证的可能性

(一) 大额存款证,简称CD,是英文Certificates of Deposit的缩写。二十世纪初,首先由美国花旗银行的前身First National City Bank发行。二次大战后,尤其是七十年代,美国、日本等国CD的发行量大幅度上升,使CD业务迅速发展。目前,大额可转让存款证已经是商业银行资金的主要来源之一。大额可转让存款证(CD)是由银行开发的一种定期存款凭证,凭证上有一定的票面金额、存入和到期日以及利率。到期后,可按票面金额和规定利率提取全部本利,过期的存款不计息。大额存款证可流通转让,

银行办理结算业务为什么要收取费用?

我们最近收到一些读者来信,询问银行办理结算业务为什么要收取费用。我们就这个问题访问了中国人民银行会计发行局,答复如下。银行办理结算业务,需要付出一定的费用,应该从业务经营中收取一定的手续费,以补偿必要的业务支出。在解放初期,银行办理结算业务是收取费用的。到了1954年,由于当时实行企业金库制度“存不计息,汇不收费”,又加上各地收费标准不一,产生了很多困难,

High dimensional covariance matrix estimation using multi-factor models from incomplete information

Covariance matrix plays an important role in risk management, asset pricing, and portfolio allocation. Covariance matrix estimation becomes challenging when the dimensionality is comparable or much larger than the sample size. A widely used approach for reducing dimensionality is based on multi-factor models. Although it has been well studied and quite successful in many applications, the quality of the estimated covariance matrix is often degraded due to a nontrivial amount of missing data in the factor matrix for both technical and cost reasons. Since the factor matrix is only approximately low rank or even has full rank, existing matrix completion algorithms are not applicable. We consider a new matrix completion paradigm using the factor models directly and apply the alternating direction method of multipliers for the recovery. Numerical experiments show that the nuclear-norm matrix completion approaches are not suitable but our proposed models and algorithms are promising.

A New Estimation for Informed Trading Based on SSNF Method

This paper estimates the information-based trading using spatially selective noise filtration （SSNF） method. The SSNF method is a kind of filtration technique based on the different spatial correlation of the wavelet transform at several adjacent scales. Using SSNF method, the information shock caused by the informed traders could be extracted from the prices effectively, then the PINs at different scales could be calculated. The measure of informed trading can capture some asymmetric information properties, which is consistent with some empirical consensuses. Furthermore, compared with the MLE method in EKOP model, the method has computational facilities in avoiding the overflow or underflow problem, the boundary solutions problem and the initial values problem. And the method could be applied to the high-frequency world in both order-driven and quote-driven market.