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论法定判离情形不适用离婚冷静期
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作者 马晓雯 《荆楚学刊》 2022年第3期61-67,共7页
《民法典》对符合法定判离情形(第1079条第3款)的协议离婚是否适用离婚冷静期(第1077条)未予明确,既导致实践中出现协议离婚较诉讼离婚门槛更高的怪相,也存在对冷静期过于扩张解释适用的困境。离婚冷静期制度“一刀切”的规范模式容易... 《民法典》对符合法定判离情形(第1079条第3款)的协议离婚是否适用离婚冷静期(第1077条)未予明确,既导致实践中出现协议离婚较诉讼离婚门槛更高的怪相,也存在对冷静期过于扩张解释适用的困境。离婚冷静期制度“一刀切”的规范模式容易造成弱势群体如受家暴、遗弃的家庭成员二次受害的风险增加,实践操作中诉讼离婚门槛低于协议离婚门槛,离婚制度构建过程中诉讼离婚与协议离婚适用标准不一、相互割裂等问题。离婚冷静期的初衷在于反对轻率离婚,在《民法典》已全面实施的背景下,通过解释论将已符合《民法典》第1079条法定判离情形下的当事人排除适用离婚冷静期,是对伦理价值与自由价值的衡平。 展开更多
关键词 离婚冷静期 协议离婚 离婚自由 法定判离情形
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老翁离婚的法律困惑
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作者 唐文生 《律师世界》 2000年第12期17-19,共3页
关键词 离婚案件 婚姻自由 婚姻自主 判决离婚 判离 法庭 审判庭 庭审 审判长 判离 王老
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Evaluation model of individual thermal comfort based on mean skin temperature 被引量:10
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作者 刘蔚巍 连之伟 邓启红 《Journal of Southeast University(English Edition)》 EI CAS 2010年第2期254-257,共4页
The local skin temperatures of 22 subjects at air temperatures of 21,24,26,29 ℃ are measured,and the mean skin temperatures are calculated by ten skin temperature measuring points.The thermal comfort levels and the t... The local skin temperatures of 22 subjects at air temperatures of 21,24,26,29 ℃ are measured,and the mean skin temperatures are calculated by ten skin temperature measuring points.The thermal comfort levels and the thermal sensations of these subjects are also investigated by a questionnaire.The Mahalanobis distance discrimination method is applied to establish the evaluation model for the thermal comfort based on the mean skin temperature.The experimental results indicate that the difference of the mean skin temperatures between the comfort level and the discomfort level is significant.Using the evaluation model,the mean skin temperature at the thermal comfort level is 32.6 to 33.7 ℃,and the thermal comfort levels of 72% of the subjects are correctly evaluated.The accuracy of the evaluation model can be improved when the effects of sex of the subject on the mean skin temperature and the thermal comfort are considered.It can be concluded that the mean skin temperature can be used as an effective physiological indicator to evaluate human thermal comfort in a steady thermal environment. 展开更多
关键词 thermal comfort mean skin temperature Mahalanobis distance discrimination method THERMOREGULATION
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刍议受家暴女性诉讼离婚的困境及解决思路
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作者 张依依 《社会科学前沿》 2023年第2期770-775,共6页
当代中国法律拓展了妇女在家庭纠纷中的选择权限,增强了妇女的主体意识,但这并不意味着妇女在离婚诉讼中已然获得实质平等的地位。受家暴女性的证明困境依然存在,审判实践中的反家暴理念亦存在缺失。应进一步厘清“儿童利益最大”和“... 当代中国法律拓展了妇女在家庭纠纷中的选择权限,增强了妇女的主体意识,但这并不意味着妇女在离婚诉讼中已然获得实质平等的地位。受家暴女性的证明困境依然存在,审判实践中的反家暴理念亦存在缺失。应进一步厘清“儿童利益最大”和“离婚自由”原则的平衡关系;探索离婚诉讼下的“感情确已破裂”标准多元化证明体系;明确家暴的认定标准,调整举证责任分配;健全法官保全机制,破除“稳妥起见”的思维定势;让家暴认定真正独立成为离婚诉讼中的一个重要参考因素;该判离时就判离,力求破除“首次不判离”隐规则。以更好地回应受家暴女性的诉求,实现法律对反家暴的规制与社会效果。 展开更多
关键词 家暴认定 诉讼离婚 感情破裂 首次不判离
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SURVEILLANCE OF MOVING TARGET BEHIND PARTITIONS USING A UWB-TWDR 被引量:1
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作者 LiYu HuangChunlin SuYi 《Journal of Electronics(China)》 2005年第3期241-247,共7页
This paper firstly analyzes the property of the low frequency electromagnetic wave, which can penetrate many types of non-metallic materials, and the ability of Ultra-Wide Band (UWB) impulse signal which has high rang... This paper firstly analyzes the property of the low frequency electromagnetic wave, which can penetrate many types of non-metallic materials, and the ability of Ultra-Wide Band (UWB) impulse signal which has high range resolution. Then the methods are discussed for conducting surveillance through walls, detecting and locating the moving persons behind the partitions. The schematic diagram of Through-Wall Detecting Radar (TWDR) and the models of moving target are shown and the principle of detecting the moving target is also provided with coherent superimposing technique on a range gate. Finally an algorithm for estimating the location of targets is given. The performance of TWDR is validated by the experiments of penetrating a wood block, a red brick wall and a reinforced concrete wall. 展开更多
关键词 Through-Wall Detecting Radar (TWDR) Range gate Moving target detection Range estimation
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Immune algorithm for discretization of decision systems in rough set theory 被引量:4
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作者 JIA Ping DAI Jian-hua CHEN Wei-dong PAN Yun-he ZHU Miao-liang 《Journal of Zhejiang University-Science A(Applied Physics & Engineering)》 SCIE EI CAS CSCD 2006年第4期602-606,共5页
Rough set theory plays an important role in knowledge discovery, but cannot deal with continuous attributes, thus discretization is a problem which we cannot neglect. And discretization of decision systems in rough se... Rough set theory plays an important role in knowledge discovery, but cannot deal with continuous attributes, thus discretization is a problem which we cannot neglect. And discretization of decision systems in rough set theory has some particular characteristics. Consistency must be satisfied and cuts for discretization is expected to be as small as possible. Consistent and minimal discretization problem is NP-complete. In this paper, an immune algorithm for the problem is proposed. The correctness and effectiveness were shown in experiments. The discretization method presented in this paper can also be used as a data pre- treating step for other symbolic knowledge discovery or machine learning methods other than rough set theory. 展开更多
关键词 Rough sets DISCRETIZATION Immune algorithm Decision system
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Empirical study on mutual fund objective classification 被引量:1
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作者 金雪军 杨晓兰 《Journal of Zhejiang University Science》 CSCD 2004年第5期533-538,共6页
Mutual funds are usually classified on the basis of their objectives. If the activities of mutual funds are consistent with their stated objectives, investors may look at the latter as signals of their risks and incom... Mutual funds are usually classified on the basis of their objectives. If the activities of mutual funds are consistent with their stated objectives, investors may look at the latter as signals of their risks and incomes. This work analyzes mutual fund objective classification in China by statistical methods of distance analysis and discriminant analysis; and examines whether the stated investment objectives of mutual funds adequately represent their attributes to investors. That is, if mutual funds adhere to their stated objectives, attributes must be heterogeneous between investment objective groups and homogeneous within them. Our conclusion is to some degree, the group of optimized exponential funds is heterogeneous to other groups. As a whole, there exist no significant differences between different objective groups; and 50% of mutual funds are not consistent with their objective groups. 展开更多
关键词 Mutual funds classification Distance analysis Discriminant analysis
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Improvement of saponification extraction method for fatty acids separation from geological samples
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作者 Jiang Chang Yanqing Xia +2 位作者 Suping Ma Xuan Fang Minzhuo Sun 《Acta Geochimica》 EI CAS CSCD 2016年第2期148-155,共8页
The conventional saponification method could result in lower recoveries and artificial changes of longchain fatty acids. The main reason is the error judgment of the intermediate layer suspended between the aqueous an... The conventional saponification method could result in lower recoveries and artificial changes of longchain fatty acids. The main reason is the error judgment of the intermediate layer suspended between the aqueous and organic layer during the liquid–liquid extraction process.This study shows that the intermediate layer consists of lots of medium- to long-chain carboxylic salts for their special physical and chemical properties. An improved saponification extraction method is also developed and the results show that the carboxylic salts distributed in the intermediate layer could be obtained completely, which greatly enhances the authenticity and accuracy of fatty acid analysis. Additionally, the possible reasons of formation of the intermediate layer are also discussed. 展开更多
关键词 Fatty acid SEPARATION Saponificationextraction Carboxylic salt Geological sample
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Using long-range contact number information for protein secondary structure prediction 被引量:1
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作者 Yonge Feng Liaofu Luo 《International Journal of Biomathematics》 2014年第5期83-93,共11页
In this paper, we first combine tetra-peptide structural words with contact number for protein secondary structure prediction. We used the method of increment of diversity combined with quadratic discriminant analysis... In this paper, we first combine tetra-peptide structural words with contact number for protein secondary structure prediction. We used the method of increment of diversity combined with quadratic discriminant analysis to predict the structure of central residue for a sequence fragment. The method is used tetra-peptide structural words and long- range contact number as information resources. The accuracy of Q3 is over 83% in 194 proteins. The accuracies of predicted secondary structures for 20 amino acid residues are ranged from 81% to 88%. Moreover, we have introduced the residue long-range contact, which directly indicates the separation of contacting residue in terms of the position in the sequence, and examined the negative influence of long-range residue interactions on predicting secondary structure in a protein. The method is also compared with existing prediction methods. The results show that our method is more effective in protein secondary structures prediction. 展开更多
关键词 Tetra-peptide structural words protein secondary structure long-rangecontact increment of diversity quadratic discriminant analysis.
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Near-infrared spectroscopy and chemometric modelling for rapid diagnosis of kidney disease 被引量:1
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作者 Mengli Fan Xiuwei Liu +3 位作者 Xiaoming Yu Xiaoyu Cui Wensheng Cai Xueguang Shao 《Science China Chemistry》 SCIE EI CAS CSCD 2017年第2期299-304,共6页
Rapid diagnosis is important for efficient treatment in clinical medicine.This study aimed at development of a method for rapid and reliable diagnosis using near-infrared(NIR)spectra of human serum samples with the he... Rapid diagnosis is important for efficient treatment in clinical medicine.This study aimed at development of a method for rapid and reliable diagnosis using near-infrared(NIR)spectra of human serum samples with the help of chemometric modelling.The NIR spectra of sera from 48 healthy individuals and 16 patients with suspected kidney disease were analyzed.Discrete wavelet transform(DWT)and variable selection were adopted to extract the useful information from the spectra.Principal component analysis(PCA),linear discriminant analysis(LDA)and partial least squares discriminant analysis(PLSDA)were used for discrimination of the samples.Classification of the two-class sera was obtained using LDA and PLSDA with the help of DWT and variable selection.DWT-LDA produced 93.8%and 83.3%of the recognition rates for the validation samples of the two classes,and 100%recognition rates were obtained using DWT-PLSDA.The results demonstrated that the tiny differences between the spectra of the sera were effectively explored using DWT and variable selection,and the differences can be used for discrimination of the sera from healthy and possible patients.NIR spectroscopy and chemometrics may be a potential technique for fast diagnosis of kidney disease. 展开更多
关键词 near-infrared spectroscopy discrimination serum kidney disease chemometrics
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Report on a Research Experiment on the Independent Sentencing Procedure:A Sample from the Wuhu Model
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作者 陈卫东 程雷 Feng Shize 《Social Sciences in China》 2013年第2期48-67,共20页
The standardization of sentencing is an important issue in the Chinese reform of criminal justice and sentencing procedure. This study draws on the material obtained from a sentencing procedure pilot project and emplo... The standardization of sentencing is an important issue in the Chinese reform of criminal justice and sentencing procedure. This study draws on the material obtained from a sentencing procedure pilot project and employs typical experimental methodology to test the effect of implementing the independent sentencing procedure through overall and paired comparisons. The results show that independent sentencing is viable in that it can significantly improve the transparency of the sentencing process and increase the quantity and amount of sentencing information obtained and employed by judges. Although the degree of satisfaction of participants in the procedure is not as high as expected, the resultsin trials of the first instance appear to have greater legitimacy and justifiability. At the same time, the independent sentencing procedure also helps give substance to the function of the collegiate bench, and can thus be taken as an important entry point for deepening court reform. However, the findings of our study show that there was room for improvement in the role of lawyers in this experiment. 展开更多
关键词 procedural reform of criminal justice standardization of sentencing independentsentencing procedure relatively independent sentencing procedure
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