涉外不正当竞争冲突规范的区分式立法及我国的因应

为解决调整不正当竞争纠纷时存在的规制路径、规制范围、承担责任上的法律冲突,许多国家从适用一般侵权冲突规范转向为涉外不正当竞争纠纷单独制定以“市场地规则”为主的区分式冲突规范。虽然“市场地规则”具有内在合理性,但其在适用范围上排除“只影响特定竞争者利益”的情形,不符合不正当竞争实体法的内在逻辑,因此,在制定区分式冲突规范时应采用“能否确定市场地”的标准,即在能确定市场所在地时,适用“市场地规则”;反之,则适用以当事人协议选择的地点、更密切联系地、侵权行为地等为连结点的侵权冲突规范。我国也应当制定不正当竞争区分式冲突规范,但需要修正区分标准,并且在不能确定市场地时,适用以受害人营业机构所在地或当事人协议选择的地点作为连结点的侵权冲突规范。

Irregular seismic data reconstruction based on exponential threshold model of POCS method

Irregular seismic data causes problems with multi-trace processing algorithms and degrades processing quality. We introduce the Projection onto Convex Sets （POCS） based image restoration method into the seismic data reconstruction field to interpolate irregularly missing traces. For entire dead traces, we transfer the POCS iteration reconstruction process from the time to frequency domain to save computational cost because forward and reverse Fourier time transforms are not needed. In each iteration, the selection threshold parameter is important for reconstruction efficiency. In this paper, we designed two types of threshold models to reconstruct irregularly missing seismic data. The experimental results show that an exponential threshold can greatly reduce iterations and improve reconstruction efficiency compared to a linear threshold for the same reconstruction result. We also analyze the anti- noise and anti-alias ability of the POCS reconstruction method. Finally, theoretical model tests and real data examples indicate that the proposed method is efficient and applicable.

Application Comparison of Association Rules and C4.5 Rules in Land Evaluation

Association rules and C4.5 rules can overcome the shortage of the traditional land evaluation methods and improve the intelligibility and efficiency of the land evaluation knowledge.In order to compare these two kinds of classification rules in the application,two fuzzy classifiers were established by combining with fuzzy decision algorithm especially based on Second General Soil Survey of Guangdong Province.The results of experiments demonstrated that the fuzzy classifier based on association rules obtain a higher accuracy rate,but with more complex calculation process and more computational overhead;the fuzzy classifier based on C4.5 rules obtain a slightly lower accuracy,but with fast computation and simpler calculation.

Implicit modeling of complex orebody with constraints of geological rules

To dynamically update the shape of orebody according to the knowledge of a structural geologist’s insight,an approach of orebody implicit modeling from raw drillhole data using the generalized radial basis function interpolant was presented.A variety of constraint rules,including geology trend line,geology constraint line,geology trend surface,geology constraint surface and anisotropy,which can be converted into interpolation constraints,were developed to dynamically control the geology trends.Combined with the interactive tools of constraint rules,this method can avoid the shortcomings of the explicit modeling method based on the contour stitching,such as poor model quality,and is difficult to update dynamically,and simplify the modeling process of orebody.The results of numerical experiments show that the 3D ore body model can be reconstructed quickly,accurately and dynamically by the implicit modeling method.

Preconditioned prestack plane-wave least squares reverse time migration with singular spectrum constraint

Least squares migration can eliminate the artifacts introduced by the direct imaging of irregular seismic data but is computationally costly and of slow convergence. In order to suppress the migration noise, we propose the preconditioned prestack plane-wave least squares reverse time migration （PLSRTM） method with singular spectrum constraint. Singular spectrum analysis （SSA） is used in the preconditioning of the take-off angle-domain common-image gathers （TADCIGs）. In addition, we adopt randomized singular value decomposition （RSVD） to calculate the singular values. RSVD reduces the computational cost of SSA by replacing the singular value decomposition （SVD） of one large matrix with the SVD of two small matrices. We incorporate a regularization term into the preconditioned PLSRTM method that penalizes misfits between the migration images from the plane waves with adjacent angles to reduce the migration noise because the stacking of the migration results cannot effectively suppress the migration noise when the migration velocity contains errors. The regularization imposes smoothness constraints on the TADCIGs that favor differential semblance optimization constraints. Numerical analysis of synthetic data using the Marmousi model suggests that the proposed method can efficiently suppress the artifacts introduced by plane-wave gathers or irregular seismic data and improve the imaging quality of PLSRTM. Furthermore, it produces better images with less noise and more continuous structures even for inaccurate migration velocities.

INFLUENCE OF SERIES OF SQUARE GRIDS ON FRACTAL DIMENSIONS-A Case Study of Mountains of China's Mainland

MANDELBROT enunciated the uncertainty of the length of a coastline in his paper "How long is the coastline of Britain?" published in Science in 1967. The fractal concept was presented for the first time in that paper and has been applied to many fields ever since. Although fractal dimensions of lots of phenomena were calculated by the box-counting method,the quantitative influence of series of square grids on them is ignored. The issue is systematically discussed as a case study of the mountains of China′s Mainland in this paper. And some significant conclusions are drawn as follows: 1) Although the fractal character objectively exists in the mountains of China′s Mainland,and it does not vary with the changes of series of square grids,the fractal dimensions of the mountains of China′s Mainland are different with these changes. 2) The fractal dimensions of the mountains of China′s Mainland vary with the average lengths of sides of series of square grids. The fractal dimension of the mountains of China′s Mainland is the function of the average length of side of square grid. They conform to the formula D=f(r) (where D is the fractal dimension,and r is the average length of side of square grid). 3) Different dots of data collection can affect the fractal dimension of the mountains of China′s Mainland. 4) The same range of length of side of square grid and dots of data collection can ensure the comparison of fractal dimensions of the mountains of China′s Mainland. The research is helpful to get the more understanding of fractal and fractal dimension,and ensure that the fractal studies would be scientific.

Fractal Character of China Bedrock Coastline

Fractal theory was applied to a preliminary discussion of the fractal character and formation mechanism of the coastline of the bedrock coast of China on the basis of GIS (Geographical Information System). Some significant conclusions were drawn:(1) The fractal dimensions of the coastline and linear structures of Liaodong Peninsula are 1.0093 and 1.0246 respectively, those of Shandong Peninsula are 1.019 and 1.021 respectively, etc.(2) The fractal dimensions of coastlines of Liaodong Peninsula, Shandong Peninsula, Zhejiang and Fujian-Guangdong tend to increase with the spatial change from north to south.(3)The regional linear structures(including faults)control the basic trends and fractal dimensions of coastlines as a whole in the regions of the bedrock coast of China:the more the controlling effect of linear structures, the smaller the fractal dimensions of coastlines.(4)The substantial constituents of coast and biologic function both play an important role in affecting the fractal dimensions of coastlines of Liaodong Peninsula, Shandong Peninsula, Zhejiang, Fujian-Guangdong and Taiwan Island.

Discretization Approach in Integrated Hydrologic Model for Surface and Groundwater Interaction

The commonly used discretization approaches for distributed hydrological models can be broadly categorized into four types,based on the nature of the discrete components:Regular Mesh,Triangular Irregular Networks(TINs),Representative Elementary Watershed(REWs) and Hydrologic Response Units(HRUs).In this paper,a new discretization approach for landforms that have similar hydrologic properties is developed and discussed here for the Integrated Hydrologic Model(IHM),a combining simulation of surface and groundwater processes,accounting for the interaction between the systems.The approach used in the IHM is to disaggregate basin parameters into discrete landforms that have similar hydrologic properties.These landforms may be impervious areas,related areas,areas with high or low clay or organic fractions,areas with significantly different depths-to-water-table,and areas with different types of land cover or different land uses.Incorporating discrete landforms within basins allows significant distributed parameter analysis,but requires an efficient computational structure.The IHM integration represents a new approach interpreting fluxes across the model interface and storages near the interface for transfer to the appropriate model component,accounting for the disparate discretization while rigidly maintaining mass conservation.The discretization approaches employed in IHM will provide some ideas and insights which are helpful to those researchers who have been working on the integrated models for surface-groundwater interaction.

Guide Rules for Electronic Atlas Project in China

Electronic atlas project (E-atlas project) plays a n important role in the procedure of popularizing maps and is diversifying its a pplication widely in China. Practice for E-atlas projects is a basic approach f or achieving public accessibility to national spatial data infrastructure (N SDI) and meets people’s inherent needs of updated maps. This paper provides a d escription and assessment of an integration of E-atlas projects, analyzes curre nt progress and characters of E-atlas project, summarizes basic guide rules, an d provides solution and interpretation. It depicts a conceptual framework of an authoring toolkit that is driven by application of E-atlas on the basis of succ essful instances. The toolkit which improves interactive interface, decreases op erational difficulties is developed in Visual C++ and used widely in China.

Mapping of Freshwater Lake Wetlands Using Object-Relations and Rule-based Inference

Inland freshwater lake wetlands play an important role in regional ecological balance. Hongze Lake is the fourth biggest freshwater lake in China. In the past three decades, there has been significant loss of freshwater wet- lands within the lake and at the mouths of neighboring rivers, due to disturbance, primarily from human activities. The main purpose of this paper was to explore a practical technology for differentiating wetlands effectively from upland types in close proximity to them. In the paper, an integrated method, which combined per-pixel and per-field classifi- cation, was used for mapping wetlands of Hongze Lake and their neighboring upland types. Firstly, Landsat ETM＋ imagery was segmented and classified by using spectral and textural features. Secondly, ETM＋ spectral bands, textural features derived from ETM＋ Pan imagery, relative relations between neighboring classes, shape fea^xes, and elevation were used in a decision tree classification. Thirdly, per-pixel classification results from the decision tree classifier were improved by using classification results from object-oriented classification as a context. The results show that the technology has not only overcome the salt-and-pepper effect commonly observed in the past studies, but also has im- proved the accuracy of identification by nearly 5%.

Use of Lightweight 3d Wire Panels to Construct Low Rise Structures in Seismic Areas： Some Applications and Design Rules

In high seismic regions of the world, including Turkey, there are too many low-rise residential buildings made of rigid masonry walls or flexible moment-resistant frames with brittle masonry partitioning walls. During even moderate earthquakes, these buildings suffer heavy damages and brittle failures causing hundreds if not thousands of people to lose their lives and homes. Hence it is essential to build a house with lightweight materials that have an earthquake resistance with a proper safety. Recently in some countries such as USA, Italy, China and Turkey; a new building system called 3D wire panel building system use prefabricated lightweight panels to construct low-rise buildings up to three stories. The panels are fabricated from polystyrene, steel, and shotcrete concrete .The lightweight of these panels, easy handling, high construction speed, good heat insulation properties, in addition to their low cost by avoiding formwork and need for skilled workers make it an acceptable construction practice. In the literature, there is no enough information on the design rules of this new building system .This paper presents some hits on the design rules and some applications in Turkey such as construction of a factory, construction of a three story villa and construction of mosque domes.

The HITCR-I:Evaluation on a free gait generation method for the hexapod robot on irregular terrain

The purpose of this paper is to present and evaluate a method of free gait generation for HITCRI,a hexapod walking robot.The HITCR-I is designed as a modularized structure of legs that is based upon a four-bar linkage mechanism and with force sensors in the tip of legs,distributed hardware structure and a modular software structure of the control system.Based on a set of local rules between adjacent legs,finite state machine(FSM) model is built to control the coordination of legs.An automatic smooth transition of gait pattern is achieved through deriving the mathematical relation between gait pattern and locomotion parameters.The disordered inter-leg phase sequence is adjusted to a regular state smoothly and quickly by the local rules based FSM,and the gait pattern can transform automatically adapting to irregular terrain.The experiment on HITCR-I has demonstrated that it can walk through irregular terrain reliably and expeditiously with the free gait controller designed in this paper.

论刑事诉讼中的数量认定规则

我国至今尚无一套完整的犯罪数额认定规则。作者认为 ,犯罪数额的认定应该有以下一些规则 :印证规则 ,就低规则 ,接近规则 ,锁定规则 ,平均规则 ,结论规则 ,实得规则 ,参与规则 ,本意规则 ,累计规则。对于作案次数的认定 ,应明确以下 4个规则 :同时同地规则 ,单独追究规则 ,完成形态规则 ,排除计数规则。

A Lexical-Chunk Based Study of Business English Correspondence Writing

Lexical chunks are multiword lexical phenomena that exist somewhere between the traditional poles of lexicon and syntax, conventionalized form/function composites that occur more frequently and have more idiomatically determined meaning than language that is put together each time. Lexical chunks theory supports the development of syntactic rules, helps learners to achieve idiomaticity and appropriateness of business expressions, and benefits successful business communication. Through the study of lexical chunks, the major findings are that possibility of lexical chunks in business English correspondences is relatively high, and among factors influencing discourse coherence, lexical chunks are the main point that has already attracted much attention of users. Based on the study, some pedagogical suggestions are provided in business English correspondence writing class.

The Application of Wavelet Transform in Analysis of Digital Precursory Observational Data

Digital data of precursors is noted for its high accuracy. Therefore, it is important to extract the high frequency information from the low ones in the digital data of precursors and to discriminate between the trend anomalies and the short-term anomalies. This paper presents a method to separate the high frequency information from the low ones by using the wavelet transform to analyze the digital data of precursors, and illustrates with examples the train of thoughts of discriminating the short-term anomalies from trend anomalies by using the wavelet transform, thus provide a new effective approach for extracting the short-term and trend anomalies from the digital data of precursors.

Identifying Fake and Potential Corporate Members in Telecommunications Operators

Nowadays,mobile operators in China mainland are facing fierce competition from one to another,and their focus of customer competition has,in general,shifted from public to corporate customers.One big challenge in corporate customer management is how to identify fake corporate members and potential corporate members from corporate customers.In this study,we have proposed an identification method that combines the rule-based and probabilistic methods.Through this method,fake corporate members can be eliminated and external potential members can be mined.The experimental results based on the data obtained from a local mobile operator revealed that the proposed method can effectively and efficiently identify fake and potential corporate members.The proposed method can be used to improve the management of corporate customers.

Analysis of LULUCF Accounting Rules after 2012

Land use, land-use change and forestry （LULUCF） activities can allow Annex I parties in the Kyoto Protocol to decrease their carbon emission reduction pressure, and comparably expanding more emission space for their domestic industries and energy production. The loopholes resulted from LULUCF activity types and specific accounting methods are always argued among the different parties, particularly including harvested wood products, influences of force majeure, threshold values of the reference level, and gross-net or net-net accounting methods. For estimating uncertainties in accounting loopholes, and to avoid that developed countries take advantage of the account{ng loopholes of LULUCF to decrease their emission reduction pressure, the LULUCF data submitted from the main developed countries in Annex I, including EU 27, Canada, Japan, and Russia, were collected. According to the analysis of these data, the loopholes influence the accounting results of LULUCF. The results show that the uncertainty of harvested wood products is excessive. The carbon sink produced by LULUCF activities will increase averagely by at least 30% without force majeure. The threshold values of the reference level of carbon sink should be set to a higher level. The net-net accounting method might be more suitable for LULUCF after 2012.

Automatic drawing of the geologic profile of an underground mine based on COMGIS

This paper introduces a method of building a prototype system of geologic profile auto-drawing.A.NET development platform and integrated environment was used along with a component based design,a B/S system model,and XML techniques.Knowledge rules for creating geologic profiles and generating virtual drilling data from existing bore data and expert,hand-drawn geologic profiles were acquired. Then a prototype system was established by utilizing the known knowledge rules,topological relationships, and semantic relationships among strata.This system has a friendly human-computer interface and can meet requirements of mutual queries between attribute and spatial data.The generated profile map is editable.This study provides a new powerful tool for underground mine work.

Application of Three-Dimensional Visual Simulation in Tidal Defense Engineering

Any tidal defense engineering involves the collection and analysis of massive information about engineering structures and their surrounding environment. Traditional method, which is carried out mainly by means of twodimensional drawings and textures, is not efficient and intuitive enough to analyze the whole project and reflect its spatial relationship. Three-dimensional visual simulation provides an advanced technical means of solving this problem. In this paper, triangular irregular network (TIN) model simplified by non-uniform rational B-splines (NURBS) technique was used to establish the digital terrain model (DTM) of a super large region. Simulation of dynamic water surface was realized by combining noise function with sine wave superposition method. Models of different objects were established with different modeling techniques according to their characteristics. Application of texture mapping technology remarkably improved the authenticity of the models. Taking the tidal defense engineering in the new coastal region of Tianjin as a case study, three-dimensional visual simulation and dynamic roaming of the study area were realized, providing visual analysis and visible demonstration method for the management and emergency decision-making associated with construction.

A 2.5D finite element approach for predicting ground vibrations generated by vertical track irregularities

Dynamic responses of track structure and wave propagation in nearby ground vibration become significant when train operates on high speeds. A train-track-ground dynamic interaction analysis model based on the 2.5D finite element method is developed for the prediction of ground vibrations due to vertical track irregularities. The one-quarter car mode,1 is used to represent the train as lumped masses connected by springs. The embankment and the underlying ground are modeled by the 2.5D finite element approach to improve the computation efficiency. The Fourier transform is applied in the direction of train＇s movement to express the wave motion with a wave-number. The one-quarter car model is coupled into the global stiffness matrix describing the track-ground dynamic system with the displacement compatibility condition at the wheel-rail interface, including the irregularities on the track surface. Dynamic responses of the track and ground due to train＇s moving loads are obtained in the wave-number domain by solving the governing equation, using a conventional finite element procedure. The amplitude and wavelength are identified as two major parameters describing track irregularities. The irregularity amplitude has a direct impact on the vertical response for low-speed trains, both for short wavelength and long wavelength irregularities. Track irregularity with shorter wavelength can generate stronger track vibration both for low-speed and high-speed cases. For low-speed case, vibrations induced by track irregularities dominate far field responses. For high-speed case, the wavelength of track irregularities has very little effect on ground vibration at distances far from track center, and train＇s wheel axle weights becomes dominant.