浅谈恪守于规约行效于“媒治”

十九世纪英国《泰晤士报》，是言政上的舆论权威。主笔辞职后，常被内阁吸收为阁员。虽没有职位官职，但地位高，威信大，影响广，被冠以“无冕之王”。由此显见新闻人享有凌驾社会之上的“特殊”地位，拥有突显的“特别”权力。以至于该行当被看做是行政、立法、司法三大权力之外的“第四权力”。被赞又一治世力量，称为“媒治”。

Minority Protection in Proceedings for the Settlement of Disputes Between Shareholders

“A limited company is more than a mere judicial entity, with a personality in law of its own： Behind it, or amongst it, there are individuals, with rights, expectations and obligations inter se”. The competitive attitude of the member states of the EU （European Union）, to become the most attractive for companies results in law reforms aiming at more flexible conflict between shareholders. Besides, the economic objective of avoiding a company＇s dissolution, the English, Dutch, and Belgian exit proceedings for the settlement of disputes between shareholders set up a social objective： protecting the interests of the minority shareholder of a private limited company. The paper consists of four chapters. The introduction lays out the necessity of buy-outs for shareholders of a private limited company. The first chapter describes the different facts justifying the buy-out of a shareholder on the basis of serious grounds. The second chapter presents the findings of a comparative research of the valuation of the shares transferred in an English, Dutch, and Belgian procedure. Finally, the conclusion summarises in which way the English, Dutch, and Belgian legal system protect the interests of the minority shareholder of a private limited company.

Analysis of economic law on the establishment of redistribution in a fair society

The relationship between social justice and economic law is existed. Economic law is a general term of legal nomas to adjust social relations occurred in the course of state regulation of the economy, so that to protect state regulation, and promote social and economic coordination, stability and development. From the view of the generation of the law, economic law is generated after the emergence of the socialization of production and monopoly to protect the public interest. Economic law is bound to reflect social justice in the redistribution process of interests. Legislative intent of economic law to maintain a fair society is reflected through the redistribution process of the interests. Redistribution of the economic law is an important means to achieve social justice.

From Allan Variance to Phase Noise:A New Conversion Approach

A new mathematical method is proposed to convert the oscillator instability parameters from Allan variance to Spectrum Density(SD)of random phase fluctuations,which is the inversion of the classic transformation formula from SD to Allan variance.Due to the fact that Allan variance does not always determine a unique SD function,power-law model of the SD of oscillator phase fluctuations is introduced to the translating algorithm and a constrained maximum likelihood solution is presented.Considering that the inversion is an ill-posed problem,a regularization method is brought forward in the process.Simulation results show that the converted SD of phase fluctuations from Allan variance parameters agrees well with the real SD function.Furthermore,the effects of the selected regularization factors and the input Allan variances are analyzed in detail.

Introduction of the 2015 Law on Public Investments and Its Effects on Public Sector Accounting in Vietnam

The public sector has a key role to play in enhancing the local goods and services. The Government is fully aware of the fact that Vietnam needs a proper public sector as a product of the state＇s public policy, which provides high-quality and well-functioning educational, healthcare, or social security systems through the effective management and use of public funds. Those services need investments from them to achieve the objectives set by the official governments or the national programs annually. This paper introduces the content of law on public investments in Vietnam which will be effective in the year 2015. It employs an overview of this law and investigates the effect of public investment in infrastructure on economic performance in the case of Vietnam. Moreover, results suggest that there may be some effects on public sector accounting in Vietnam. This study compares between the 2015 law and accounting in non-business organizations in some aspects for clear clarification.

Contentious Discourses： Signifying on the Law in African American Writing

African American narratives are peopled with subjectivities struggling to retrieve and reconstruct themselves as persons--and thus citizens--through and against American legal narratives, where personhood and citizenship are concerned. Thus, there was the problematic for blacks of how to apply citizenship to their corporeal existence when they were labeled as property. The historical legal narrative of America was constructed on the power of the dominant white elite to prevent the emergence of a narrative of African American life other than that which they authorize, legislate, and narrate. To this end, it has been argued, that narratives in African American literature treat the question of the legal status of African Americans or have it as a fundamental trope of struggle in the narrative. This idea suggests that the law＇s ability as a shaper and determinant of African American social identity, presets the narrative base for African American narrative. This paper examines the relationship between ＂＇laws of separations＂, and African American narrative through a rereading of works of two contemporary novelists, Toni Morrison and Gloria Naylor. Their works, the author argue, are counter-positioned narratives that create contentious dialogue and elaborate the way in which segregationist codes and Jim Crow laws are grounded in the very nature of citizenship for African Americans.

Notes on Stefan-Maxwell Equation versus Graham's Diffusion Law

Certain prerequisite information on the component fluxes is necessary for solution of the Stefan-Maxwell equation in multicomponent diffusion systems and the Graham's law of diffusion and effusion is often resorted for this purpose. This article addresses solution of the Stefan-Maxwell equation in binary gas systems and explores the necessary conditions for definite solution of concentration profiles and pertinent component fluxes. It is found that there are multiple solutions for component fluxes in contradiction to what specified by the Graham's law of diffusion.The theorem of minimum entropy production in the non-equilibrium thermodynamics is believed instructive in determining the stable steady state solution out of infinite multiple solutions possible under the specified conditions.It is suggested that only when the boundary condition of component concentration is symmetrical in an isothermal binary system, the counter-diffusion becomes equimolar. The Graham's law of diffusion seems not generally valid for the case of isothermal ordinary diffusion.

Legal Conditions for Water Utilities Eco-innovation as Energy Smart Water Utilities

Welfare and green growth rest heavily on an appropriate supply of safe water, the provision of adequate sewerage, and on energy services. These services are interdependent, as water is an integral part of electric-power generation; it is used directly in hydroelectric generation, and it is used extensively for cooling and emissions scrubbing in thermoelectric generation. Energy is also an integrated part of water services, as satisfying water needs for supply, purification, distribution, and treatment of wastewater requires energy sources. Water and energy utilities are however regulated without a specific focus on the interdependency of the two sectors and the possibilities to ensure sustainable use of the resources and reduction of greenhouse gasses by a better coordination. The article explains the possibilities of sustainable consumption and production of energy in the water utilities. It highlights EU legal framework that makes coordination at national level possible, and it gives examples and concludes--on the obstacles for the water utilities＇ future as energy-smart utilities that exist at the national level in Denmark.

The Politics of Cultural Representation

This paper focuses on the representational politics of the Aeta indigenous women healers in Cagayan Valley in the Philippines Indigenous peoples have been represented as backward, irrational, and consequently non-human. For racialized women, it is a double tragedy. They face race and gender misrepresentation. This identification interns them on the margins of society. This colonial representation is being questioned and subverted through the narratives of 12 Aeta women healers in the Philippines. In order to make clarifications as to how they have been represented, the Aeta indigenous women healers discussed and elaborated their indigeneity, language, and spirituality. In turn, they contrast their healing practices with public health. Their hope is to amend the way they have been signified. It is a point where the totalizing narratives meet the subjugated knowledge with a call for fairer representation. This paper confirms that Aeta women healers do not need external representation. They can represent themselves. In fact, they have already been representing themselves. The big question is, are we listening？

Construction of legal system of carbon emissions trading in China

Countries in the world have taken a variety of means to control carbon emissions based on the serious situation of global warming,the concept of low-carbon economy and the provisions about emissions in the United Nations Framework Convention on Climate Change(UNFCCC) and the Kyoto Protocol.With the measures of emissions reductions,the system of carbon emissions trading is taking shape.It is necessary for China as the big natural resources consumption country to establish its own carbon emissions trading system.By introducing the carbon emissions trading system of the European Union,America and Japan,and analyzing the market and policies been formed,the carbon emissions trading system in China can be established from the initial configuration of the emissions rights,the subject and object of carbon emissions trading,establishing the carbon emissions trading exchange and supervising and regulating the carbon emissions trading.

Legal Value of the Demand Overflow Theory

So many legal issues can be handled in public interest method. As some commentators have pointed out, the public interest is an ancient and new topic. It＇s a highly abstract prone to ambiguities and shortcomings of the concept. And it＇s also a basket that strange, confused and can not be discarded. Even critics simply deny the existence of public interest and regard the public interest as a myth. As it＇s difficult to define the public interest from political perspective, a democratic theory, legal perspective a theory of law, economic perspective a public choice theory, philosophical perspective a public philosophy, and other common perspective. The paper explores the law theory of public interest from the framework of the overflow theory and the perspective of the concept function, and provides an easy to use identification method of public interest for the judicial practice and administrative practices.

On Sustainable Civil Rights

The tide of reform and opening up promotes the rapid development of science and technology in our society, and citizens have not only wimessed great improvement in basic material living conditions, but also have lived a fulfilled spiritual life. Material wealth stimulates self- awareness of rights protection of the citizens, and that＇s the issue of civil rights that we need to carry out in-depth studies on. As important rights of citizens, how can civil rights gain effective legal protection and how citizens themselves fully and effectively exercise the rights are problems asking for attention in the study of civil rights. Civil rights are not only the issue of inherence and existence, and we should also pay attention to its development or whether there is sustainable development. Moreover, how long this sustainability could last is also the issue of sustainable civil rights this thesis is going to discuss.

Legal Framework of Shari＇ah Corporations in Malaysia： Special Reference to Waqf Corporation

In Malaysia, the Islamic commercial institutions were established under respective legislations which contain express term on their status as a body corporate. Examples of these institutions are Islamic banks, zakah institutions, Pilgrimage Board and Islamic insurance （takaful） companies. In 1998, Johor Corporation （JCorp） initiated a corporate waqf entity known as Waqaf An-Nur Corporation Berhad （WANCorp）. In 2011, Majlis Agama Islam Wilayah Persekutuan （MAIWP） collaborated with Tabung Haji to develop a Class AWaqf building leased to Bank Islam Malaysia Berhad （BIMB）. The developments in waqf involving corporate entities are worth to be analyzed in order to create a new framework of waqf practice. This paper deliberated the attributes of corporations under the Malaysian law and compares them with the principles of Islamic law （Shari＇ah）. For the purpose of discussion, this paper refers to WANCorp and Awqaf Holdings as examples ofwaqf corporations in Malaysia.

A Research on the Third-Party Legislative Post-Assessment in China

With the formation of the socialist legal system with Chinese characteristics, China pays more attention to the scientificity and the quality of legislation, starting the assessment of the effect of implementation of the law after legislation conducted by an independent third-party institution with scientific methods. The third-party legislative post-assessment can overcome the drawbacks of self-assessment, realizing the public participation better, which makes results of the assessment more objective, neutral and fair. The neutrality of assessment and scientificity of the method should be adhered in the construction of third-party legislative post-assessment in China, while improving public participation as well as the assessment indicators system and quality control system with the introduction of specific legal norms.

The Public Health VS the People＇s Autonomy： Banning Smoking in Orthodox Jewish Community

Smoking is a worldwide problem. Research in recent years has shown us that smoking and second hand smoking can cause many diseases1. As a result of the understanding of the results of smoking, the house of legislator in Israel decided to legislate a law that people under the age of 18 cannot smoke and, a couple of years later, it decided to ban smoking in public places. The problem begins when the law is affecting the person＇s autonomy and the person＇s culture. More than four decades ago when the smoking habit began in Israel, no one knew what the influence would be. Now, although that information is available, the orthodox community in Israel is not exposed to the knowledge. Smoking in this community begins from Purima or from the Bar-Mitzvah3 and from the will of the young orthodox to rebel. This law raises a question： Is it ethical to deprive the young orthodox of the right to smoke？ Alternatively, is there a better way to stop the orthodox from smoking than only the regulation？ In this paper, the author will try to show that regulation alone will not help in the orthodox community, and we need to think on more options to make the orthodox more informed to smoking problems. The author thinks that the best way will be to educate the orthodox community from young age.

Merger Announcement Effects and the Amendment of Insider Trading Laws in Brazil

Although Brazil has a long history of having insider trading laws （IT laws） in place and became the first emerging country to enforce the IT laws （Bhattacharya ＆ Daouk, 2002）, criminal sanctions and hefty monetary penalties were only made possible by the amendment of its laws against IT on October 31, 2001. We study the stock price effects of merger announcements made by 151 firms over two periods, before and after the change of IT laws. Our empirical results suggest that target firms attained positive price run-ups in pre-announcement windows before, but not after, the legal regime change. While acquiring firms had strong positive pre-announcement reactions in both legal regimes, the abnormal returns （AR） decreased in the more stringent legal regime. These results indicate that more stringent IT laws may deter IT and improve market efficiency in an emerging country.

Ethics and the Financial and Budgetary Discipline in the Ministry of Defence

This article deals with the relation between ethics and financial and budgetary discipline during economic and social recession in the Czech Republic. We find causes of economic and social recession in the Czech Republic in the loss of democratic and human values. Czech Republic was ranked the 57th place in the Corruption Perceptions index 2013 out of the 177 countries assessed, which is the same result achieved by Bahrain, Croatia, and Namibia. Among the 31 European Union （EU） member states and Norway, Switzerland, and Iceland, the Czech Republic is on the 25th site. Market as well as public sector and public finances should follow unwritten rules of ethics and ethical behavior. Such rules should be followed especially by politicians, officials, soldiers, and businessmen. Do we need ethics in present time？ How is the role of the code of ethics in increasing financial and budgetary discipline in the defence sector？ Is it possible to measure efficiency of the code of ethics for financial and budgetary discipline？ We explain the importance of codes of ethics and formulate essential elements that each code of ethics must contain. Next, we deal with the main rules of both financial and budgetary disciplines. Furthermore, this article offers a comparison of several codes of ethics and describes the main problems in our implementation. In the end, we introduce our draft of Code of Ethics for Economic Service Officer in the Ministry of Defence and talk about possible influences of these codes on the quality of employee＇s performance.

Droplets diameter distribution using maximum entropy formulation combined with a new energy-based sub-model

The maximum entropy principle(MEP) is one of the first methods which have been used to predict droplet size and velocity distributions of liquid sprays. This method needs a mean droplets diameter as an input to predict the droplet size distribution. This paper presents a new sub-model based on the deterministic aspects of liquid atomization process independent of the experimental data to provide the mean droplets diameter for using in the maximum entropy formulation(MEF). For this purpose, a theoretical model based on the approach of energy conservation law entitled energy-based model(EBM) is presented. Based on this approach, atomization occurs due to the kinetic energy loss. Prediction of the combined model(MEF/EBM) is in good agreement with the available experimental data. The energy-based model can be used as a fast and reliable enough model to obtain a good estimation of the mean droplets diameter of a spray and the combined model(MEF/EBM) can be used to well predict the droplet size distribution at the primary breakup.

On the Plaintiff's Subject Qualification for Environmental Public Interest Litigation Instituted by People's Procuratorates

Although it is not the main duty for the People's Procuratorate to institute environmental public interest litigation proceedings, the existence of "reserve" prosecution right of plaintiff not only is beneficial to timely prevention and cure of environmental damage, but also contributes indispensable judicial supervision force to the environmental legality construction. In order to safeguard environmental public interests, many local prosecutorial organizations have practiced environmental public interests litigation. Since Chinese law has not made explicit stipulation on the function of the People's Procuratorate instituting environmental public interest litigation, the plaintiff's subject qualification for environmental public interest litigation instituted by the People's Procuratorate is still in question. In order to propel the People's Procuratorate to completely and fully exercise their power of supervision and prosecution, there shall be corresponding legislation that provides powerful guarantee for the People's Procuratorate instituting environmental public interest litigation.

睡虎地秦简《公车司马猎律》的律名问题

台湾学者林清源先生2002年发表《睡虎地秦简标题格式析论》一文,从文献学的角度,探讨了睡虎地秦简标题格式扦格不合的部分内容,对睡虎地秦简的深入研究无疑具有推动作用。笔者注意到其中（六）《秦律杂抄》