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如何阐释法理? 被引量:1
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作者 邱本 《山西师大学报(社会科学版)》 2020年第3期59-71,共13页
法律是一种普遍性、抽象性规范,决定了法律需要阐释,尤其是作为法律之基础和原理的法理更需要阐释。如何阐释法理,直接决定着立法、执法、司法和守法以及法治建设,意义十分重大。阐释法理是揭示法理、演绎法理、发展法理、丰富法理、深... 法律是一种普遍性、抽象性规范,决定了法律需要阐释,尤其是作为法律之基础和原理的法理更需要阐释。如何阐释法理,直接决定着立法、执法、司法和守法以及法治建设,意义十分重大。阐释法理是揭示法理、演绎法理、发展法理、丰富法理、深化法理。法理是广泛存在的,阐释法理需要百科全书式的知识,需要多维度地进行,需要运用各种有效方法。阐释法理既要“我注六经”、也要“六经注我”。阐释法理要讲究逻辑、合乎逻辑。阐释法理要正本清源、正确理解法理。阐释法理要深入浅出、通俗易懂。阐释法理是为了澄明法理,实现良法善治。为了科学、正确、全面地阐释法理,我们需要增强法理意识、扩充各种知识、加强方法规训、提高阐释能力。 展开更多
关键词 阐释法理 演绎法理 发展法理 理解法理 澄明法理
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法理学三十年之法的价值问题研究述评 被引量:4
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作者 刘爱龙 《北方法学》 2009年第1期141-152,共12页
自改革开放以来,中国法理学已走过三十年的成长历程,法的价值问题是中国法理学的重要研究内容之一。对三十年来法理学界关于法的价值研究的三个主要方面进行了述评,一方面使我们对学界同仁的研究成果有一个总括性的了解,看到中国法理学... 自改革开放以来,中国法理学已走过三十年的成长历程,法的价值问题是中国法理学的重要研究内容之一。对三十年来法理学界关于法的价值研究的三个主要方面进行了述评,一方面使我们对学界同仁的研究成果有一个总括性的了解,看到中国法理学人的学术贡献;另一方面,通过对研究中存在问题的展示,使我们认识到法的价值问题探讨的多维性、复杂性,促使我们将该项研究推向深入。 展开更多
关键词 法的价值研究 法理发展三十年 学术总结
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Governing Climate Change Adaptation in the EU and China:An Analysis of Formal Institutions 被引量:6
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作者 Marco Gemmer Andreas Wilkes Lucie M.Vaucel 《Advances in Climate Change Research》 SCIE 2011年第1期1-11,共11页
Both the European Union (EU) and China are culturally, economically, climatologically and environmentally diverse polities. The EU is a multi-state grouping of economically developed democratic countries, while Chin... Both the European Union (EU) and China are culturally, economically, climatologically and environmentally diverse polities. The EU is a multi-state grouping of economically developed democratic countries, while China is a unitary sovereign state and a developing economy with a strong government bureaucracy. Our hypothesis is that given their diverse political systems, the EU and China would develop different kinds of systems for the governance of adaptation to climate change. We test this hypothesis through a comparative analysis of policy documents from the two study areas, in which we examine framework policies, programmatic actions and specific actions that have been adopted to date in order to address climate change, with a specific focus on the water sector. We find that climate change adaptation began to be addressed through formal policy on a similar timeline in the two regions. The EU and China are also similar in that they use framework laws and existing sectoral policy, such as for the water sector. We find that the EU has primarily relied on integration of climate change adaptation concerns through legal instruments which set a framework for implementation of adaptation policy. In China, specific actions to be incorporated in socio-economic development plans under the existing legislation on adaptation have been the main mode for integrating adaptation into sectoral actions, though the future trend may be to develop more regulations. 展开更多
关键词 international comparison climate change policy framework adaptation policy European Union China water policy
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New Exact Travelling Wave Solutions to Kundu Equation 被引量:1
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作者 HUANG Ding-Jiang LI De-Sheng, ZHANG Hong-Qing 《Communications in Theoretical Physics》 SCIE CAS CSCD 2005年第6X期969-976,共8页
Based on a first-order nonlinear ordinary differential equation with six-degree nonlinear term, we first present a new auxiliary equation expansion method and its algorithm. Being concise and straightforward, the meth... Based on a first-order nonlinear ordinary differential equation with six-degree nonlinear term, we first present a new auxiliary equation expansion method and its algorithm. Being concise and straightforward, the method is applied to the Kundu equation. As a result, some new exact travelling wave solutions are obtained, which include bright and dark solitary wave solutions, triangular periodic wave solutions, and singular solutions. This algorithm can also be applied to other nonlinear evolution equations in mathematical physics. 展开更多
关键词 nonlinear evolution equation Kundu equation ordinary differential equation ALGORITHM exact solution travelling wave solution
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Innovation of concept and system of economic law based on the sustainable development
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作者 Jun ZHAO 《International Journal of Technology Management》 2014年第12期4-6,共3页
Make up for deficiencies in the economic development of market mechanisms through macro-control method. Although the market plays a fundamental role in resource allocation, in other means of regulation it plays an irr... Make up for deficiencies in the economic development of market mechanisms through macro-control method. Although the market plays a fundamental role in resource allocation, in other means of regulation it plays an irreplaceable role in regulating the economy, the management of economic activities. However, by the market "invisible hand" spontaneous adjustment, there is "market failure" problem. Market self-regulation mechanisms inevitable cyclical economic fluctuations and economic crisis, the impact of a sustained and stable economic growth will lead to a waste of resources, environmental degradation is caused, but also it produces uneven regional development, causing social polarization between rich and poor, etc. Public goods such as ecological environment should be through legal means, rather than a means to implement the healthy development of the market environment. 展开更多
关键词 LAW VALUES FAIR efficiency sustainable development
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Healed and Crippled: The Effect of Global Medicine on African Indigenous Treatment and Care Approaches
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作者 Emmanuel Mutungi Felix Ngunzo Kioli Benson Azariah Mulemi 《Journalism and Mass Communication》 2015年第9期471-479,共9页
Whereas global medicine and health care practices have improved the quality of people's lives, especially in the developing countries data abounds that local communities have been crippled by the same medical practis... Whereas global medicine and health care practices have improved the quality of people's lives, especially in the developing countries data abounds that local communities have been crippled by the same medical practises. Some societies in developing countries have become sources of specimen for clinical trials of biomedicine which is unaffordable to their citizens. This paper explores the neglect of traditional African medicinal innovations and research in favour of imported Western medicine perpetuated by the developed countries. The paper argues that global medicine and health care have neither utilized nor recognized the African Traditional Medicine (ATM) fully, despite the fact that cultures in developed world used and continue to utilize the indigenous medical knowledge. The paper further argues that instead of neglecting African Traditional Medicine, ATM and biomedicine can be more beneficial by blending them into a single system, through what we would call in this paper High-Performance Medical Research (HPMR). This would allow participation of communities to achieve both socio-eeonomic and medical knowledge growth rather than being a monopoly and preserve of developed organizations in the North. This paper proposes that HPMR should be a systematic and scientific approach for enhancing local people's participation in the development of medical ventures. This paper draws on secondary data on traditional African therapeutic practices by some local communities in East Africa combined with literature review on medical practice in Western societies. 展开更多
关键词 global medicine TREATMENT CARE African traditional Medicine western medical practices developing countries
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Recent advances of TCM treatment of childhood atopic dermatitis
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作者 Xu Weiwei Cai Lingling +2 位作者 Zhang Liyuan Wu Meichao and Peng Dengfa 《World Journal of Integrated Traditional and Western Medicine》 2017年第3期12-14,共3页
Atopic dermatitis (AD) is a common and frequently encountered disease, which frequently appears in children. According to statistics, the percentage of AD patients between ages of 6 to 20 in dermatology clinics is 3... Atopic dermatitis (AD) is a common and frequently encountered disease, which frequently appears in children. According to statistics, the percentage of AD patients between ages of 6 to 20 in dermatology clinics is 30%^1, and the incidence in school-age children is 2%-3%^2. AD has no corresponding nomenclature in traditional Chinese medicine (TCM). According to the initial time of attack in early childhood, it cma be classified as NaiXuan and TaiXuan; according to the location of the disease (elbow fossa and popliteal fossa), it can be classified as SiWanFeng; according to the specific cases of different characteristics of lesions, it can be classified as ShiChuang, JinYinchuang, XueFengChuang. In TCM, the etiology of AD is complicated. It is generally considered that the pathogenesis of AD is spleen deficiency and damp-heat^3. When children suffer from pathogenic wind, pathogenic dampness, pathogenic heat, or insufficient natural endowment, damp-heat is produced and it injures patients' skin. Also latent damp-heat can deplete the blood and succus in the body, dry the skin and lead to AD. In short, AD can be divided into 3 syndrome types in TCM: syndrome of spleen deficiency, syndrome of damp-heat, syndrome of blood deficiency. At present, the clinical study of AD treated by TCM is increasing, but the study of children's treatment is still rare. This article aims to make a summary of clinical studies of children's AD treated with TCM in recent years. 展开更多
关键词 Childhood atopic dermatitis TCM treatment
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Improvement of Urban Rail Transit Laws and Regulations System in China
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作者 LI Jian 《International English Education Research》 2016年第2期14-16,共3页
Legal management is the fundamental guarantee of urban rail transit management's benign operation; and the comprehensive legal management of urban rail transit is also the important development trend of urban rail tr... Legal management is the fundamental guarantee of urban rail transit management's benign operation; and the comprehensive legal management of urban rail transit is also the important development trend of urban rail transit in the world. This article aims to analyze the problems existing in China's urban rail transit legal management, to improve the corresponding laws and regulations system, and to put forward some suggestions on how to optimize the urban rail transit legal management. 展开更多
关键词 Urban Rail Transit Legal Management Laws and Regulations System
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The Relationship Amongst Countries' Governance, Energy and Sustainable Development
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作者 Valdir de Jesus Lameira Walter Lee Ness +2 位作者 Jean Harris Osvaldo Quelhas Roberto Guimaraes Pereira 《Journal of Modern Accounting and Auditing》 2011年第3期252-264,共13页
In this paper we construct a theoretical framework linking governance practiced by some countries to some of their economical, financial, social and environmental variables. To achieve this goal, we selected a sample ... In this paper we construct a theoretical framework linking governance practiced by some countries to some of their economical, financial, social and environmental variables. To achieve this goal, we selected a sample of data composed of variables from 55 countries, available at the World Bank website. On the other hand, we measured the countries' level of governance by the indicator promoted by Transparency International. The period considered in this research was 8 years, from 2000 to 2008. We used the method of linear regression with panel data, in order to investigate statistical relationships among governance and the other variables. We applied the method of simultaneous equations in order to make a robustness test on the first results and findings. The results of the two models converged and showed the existence of a statistical significant relationship between governance and several of the variables investigated. This allows us to infer that the development of the countries govemanee is closely linked with the long-term sustainable development. 展开更多
关键词 GOVERNANCE sustainable development linear regressions structural equations
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Study of the methodologies in the researches on the legal history
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作者 Li Zhenyong 《International English Education Research》 2015年第1期65-68,共4页
The subject of the legal history belongs to the interdisciplinary of the law and the history. Because of the attribute of the interdisciplinary of the subject of the legal history, the reference of the experience in t... The subject of the legal history belongs to the interdisciplinary of the law and the history. Because of the attribute of the interdisciplinary of the subject of the legal history, the reference of the experience in the development of the h/story is very important. The subject of the legal history must pay attention to the problems encountered in the process of the development of the history and the accumulated experience. The historical development since the last century displays the importance and necessity of the theory of the social science in the study of the history. The researcher of the legal history should focus on the comprehensive use of the theories and methods of the subject of the social sciences, and through the innovative use of the historical data and the use of the multidisciplinary interpretation methods, re-interpret the historical events and figures. With the aid of the comprehensive use of the methods of the multiple disciplines, further open the new situation of the study of the legal history. 展开更多
关键词 METHOD new history historical data INTERPRETATION
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Research on the efficiency of government regulation in Shanghai
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作者 Yunwei Hou Minghong Shi 《International English Education Research》 2014年第5期4-7,共4页
The party's Third Plenary Session of the eighteen proposed to fully and properly perform the functions of the government, stressed that the government management to prior approval is more things in the post regulatio... The party's Third Plenary Session of the eighteen proposed to fully and properly perform the functions of the government, stressed that the government management to prior approval is more things in the post regulation, the implementation of the "Wide into standard". From the current regulation, there exists a single way, too microcosmic law enforcement problems, can not meet the needs of the development of society and economy. Regulators should take to promote the benefits of a socialist market economy as the goal to improve administrative efficiency as a means of regulatory authorities. Highly centralized regulatory approach taken by improving the legal system, refme the regulatory content, improve government regulation. 展开更多
关键词 Government regulation Efficiency Approval Matter after the regulatory
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Research and Suggestions on the Coordinated Management and Protection of Intellectual Property in China 被引量:2
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作者 Chen Meizhang(Teaching and Research Centre of Intellectual Property, PKU, Beijing 100871) 《Science Foundation in China》 CAS 2003年第1期25-30,共6页
From two aspects of intellectual property management, namely the subject and the object,this article discusses the development and im-provement of intellectual property system in China and the gap and problems existed... From two aspects of intellectual property management, namely the subject and the object,this article discusses the development and im-provement of intellectual property system in China and the gap and problems existed compared with developed countries. Based on this, the issue ofhow to improve the coordinated management of intellectual property is studied and the relevant proposals are put forward. 展开更多
关键词 intellectual property coordinated management PROTECTION
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Refinery production scheduling toward Industry 4.0 被引量:2
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作者 Marcel JOLY Darci ODLOAK +2 位作者 Mario Y. MIYAKE Brenno C. MENEZES Jeffrey D. KELLY 《Frontiers of Engineering Management》 2018年第2期202-213,共12页
Understanding the holistic relationship between refinery production scheduling(RPS) and the cyber-physical production environment with smart scheduling is a new question posed in the study of process systems engineeri... Understanding the holistic relationship between refinery production scheduling(RPS) and the cyber-physical production environment with smart scheduling is a new question posed in the study of process systems engineering. Here, we discuss state-of-the-art RSPs in the crude-oil refining field and present examples that illustrate how smart scheduling can impact operations in the high-performing chemical process industry. We conclude that, more than any traditional off-the-shelf RPS solution available today, flexible and integrative specialized modeling platforms will be increasingly necessary to perform decentralized and collaborative optimizations,since they are the technological alternatives closer to the advanced manufacturing philosophy. 展开更多
关键词 cyber-physical systems optimization petrochemical industry SCHEDULING smart manufacturing
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