法家治国的主要方式、路径转变及现代启示

法、术、势是法家治国的主要方式。法、术、势三种方式的综合运用,标志着一种有别于“礼治”的新型“法治”治国模式的生成,体现着古代君主治国方式从阴谋到阳谋的转变,具体而言,就是法从秘密的“刑不可知、威不可测”迈向公开的“布之于百姓”;术从驾驭群臣的诡诈手段变为选任考核官员的公开之举;势从非人力所控的“自然之势”转向“抱法处势”的“人设之势”。法家法、术、势思想构建起一种公开透明的“阳谋”治理方式,为今天全面推进依法治国提供了文化传承与价值支撑。

圣贤司法的隐喻——《奏谳书》几则案例研究

张家山二四七号汉墓竹简《奏谳书》收录22则案例,其中19例为秦汉法家法时代议罪案例的实录,内容规范,颇具示范意义;另两则托名史猷、柳下季治狱案例及杜泸女子和奸案,或虚构、或荒诞,却不失深厚的法理内涵。本文拟以同时代的秦汉律及《奏谳书》所载其他案例为参照,探讨其存在的意义。

Expert Classification Method Based on Patch-Based Neighborhood Searching Algorithm

The expert knowledge has been widely used to improve the remotely sensed classification accuracy. Generally, the ex-pert classification system mainly depends on DEM and some thematic maps. The spatial relationship information in pixel level was commonly introduced into the expert classification. Because the geographic objects were found spatially dependent relationship to a certain degree, the commonly used basic unit of spatial relationship information in pixel greatly limited the efficiency of spatial in-formation. A patch-based neighborhood searching algorithm was proposed to implement the expert classification. The homogene-ous spectral unit, patch, was used as the basic unit in the spatial object granularity, and different types of patches' relationship in-formation were obtained through a spatial neighborhood searching algorithm. And then the neighborhood information and DEM data were added into the expert classification system and used to modify the primitive classification errors. In this case, the classi-fication accuracies of wetland, grassland and cropland were obviously improved. In this work, water was used as base object, and different types of water extraction methods were tested to get a result in a high accuracy.

Study of the similarities and differences between TCM and Tujia medicine in clinical diagnosis and treatment of liver cancer

At present,for the treatment of liver cancer is not limited to western medicine chemotherapy.With the development of traditional Chinese medicine(TCM),more patients choose Chinese medicine conservative treatment.TCM has the theoretical system and treatment system.Tujia medicine,as a branch of TCM,has its own unique treatment methods in the treatment of disease.The author found in the exploration of the diagnosis and treatment of liver cancer,TCM,and Tujia medicine has the effect of different approaches but equally satisfactory results in the treatment of liver cancer,the collation,and research of comparison,in order to provide a reference for the diagnosis and treatment of liver cancer.

Challenges and Solutions of Information Security Issues in the Age of Big Data

Big data has been taken as a Chinese national strategy in order to satisfy the developments of the social and economic requirements and the development of new information technology. The prosperity of big data brings not only convenience to people's daily life and more opportunities to enterprises, but more challenges with information security as well. This paper has a research on new types and features of information security issues in the age of big data, and puts forward the solutions for the above issues: build up the big data security management platform, set up the establishment of information security system and implement relevant laws and regulations.

Differences between Traditional Chinese Family Law and National Law Analysis

Chinese traditional family-based society is the legal basis for political, patriarchal hierarchy and national politics Consistent hierarchy, as represented by the family law civil law is to adjust the traditional social relations, maintaining the main legal norms of social order, Family law as one of the most important traditional Chinese society, the legal system, and the state law regulating social order constitute the dual legal structure. And its fundamental purpose is to maintain social harmony and stability of the feudal rule of order.

《天下》精义

本文是"外杂篇精义"系列的第七篇。庄子再传弟子魏牟所撰《天下》,运用贯穿全篇的"道术/方术"之辨,贬斥儒家、墨家、法家等天下"方术",割裂、遮蔽老聃、关尹传承的古之"道术",使之"暗而不明,郁而不发",终篇章对传承老聃、关尹并集其大成的庄子"道术"推尊至极。郭象通过妄断《天下》原文,谬注《天下》义理,又把《惠施》残篇移入《天下》混淆视听,谬解《天下》为庄子所撰,谬解庄子所撰《天下》尊儒尊孔至极。旧庄学盲从郭象,导致《天下》篇旨"暗而不明,郁而不发"至今。

Exploring the presence of accounting amongst petty traders in Ghana

This paper seeks to investigate the presence of accounting among petty traders in Ghana. The methodology applied was the mixed method under the multiple methods choices. Both qualitative and quantitative techniques were used. The findings were that formal education is not a pre-requisite requirement to the operations of a petty trading business. However, the study revealed the presence of accounting in petty trading; thus confirming the assumption that accounting is a universal good and is present in the petty trading business. Findings on the three major factors that influenced the present or absent of accounting among petty traders revealed that： there were no state institutions or pressure groups in Ghana to influence or oblige private entrepreneurs （petty traders） to prepare financial statements; the literacy of the petty trader though was found to be a necessary factor, it was not sufficient to explain the accountancy presence or absence in the traders＇ businesses. The usefulness of the accounting information to the petty trader influenced the presence of accounting in the traders＇ business. Finally, the level of trust - social capital in the community, and its influence on the presence of accounting, was relatively insignificant in the context of urban Ghana. No study of this kind has been conducted in the field of accounting presence or absence in Ghana.

State Policies as a Source of Civil Law

State policies exert a great influence over Chinese civil justice. Article 6 of the General Principles of Civil Law stipulates that state policies are a source of civil law, but the path by which they enter civil justice is not a rational one and may lead to adjudication difficulties with state policies. State policies are integrated with state law, and the laws and legal interpretations formulated by the National People＇s Congress and its Standing Committee, judicial interpretations, administrative regulations, autonomous regulations and special regulations, administrative rules and other regulatory documents are forms of expression of state policies. Different rules for adjudication apply depending on the different vehicles of state policy. The Supreme People＇s Court can play a role in making public policy and guiding state policy into civil adjudication through ＂open＂ and ＂unseen＂ channels.

The Role of Consultative Democracy under the Constitutional Framework and the Associated Rule of Law

The logical sequence of China＇s state governance is ＂governing party--consultative conferences--people＇s congresses--the people.＂ The ＂governing party--consultative conferences＂ link in the chain involves political consultation through people＇s consultative conferences. The ＂governing party--consultative conferences--people＇s congresses＂ link involves a process of obtaining legitimacy for the Party＇s views based on political consultations which are then translated into the national will by the system of people＇s congresses. The ＂people＇s congresses--the people＂ link involves the two-pronged logic of elections and governing the country according to law. The ＂governing party--the people＂ link is an illustration of the party＇s mass line, which essentially involves social consultation. Consultative democracy usually includes the political consultation in the ＂governing party---consultative conferences＂ link and the social consultation in the ＂governing party-- the people＂ link in the chain, both of which are connected through the system of people＇s congresses. This logically determines the inner relations between the Party＇s leadership, consultative democracy and the people＇s congress form of representative democracy and shapes the institutionalization of consultative democracy. That is, in the process of democratic decision-making, a circular system consisting of ＂political consultation-- legislative consultation--social consultation＂ is created to guide development of the actual system.

Construction of Chinese Judicial Power from the Perspective of National Governance

The Chinese national governance system includes the Party＇s governing system, the People＇s Congress system, the administrative system, the court system and the procuratorate. Judicial power is neutral, passive, independent and final, features that reflect the irreplaceable nature of its role in national governance. The growth of judicial power is diachronic, complex and evolutionary, which means that its construction will be a tortuous and difficult process. Given the limitations of the functions of judicial power in China and their immediate results, we should fix our gaze on the construction of a socialist country under the rule of law and the optimization of the structure and functions of our national governance system by taking checks and balance as the principle in the allocation of judicial power, taking rights protection as the heart of the operation of judicial power, taking harmonious operation as the standard for guaranteeing judicial power, and cultivating legal culture as the foundation supporting judicial power. In optimizing national governance itself, we should strengthen its functions of adaptation, integration, goal attainment and latency.

A survey on Fourier analysis methods for solving the compressible Navier-Stokes equations Dedicated to the NSFC-CNRS Chinese-French summer institute on fluid mechanics in 2010

Fourier analysis methods and in particular techniques based on Littlewood-Paley decomposition and paraproduct have known a growing interest recently for the study of nonlinear evolutionary equations. In this survey paper, we explain how these methods may be implemented so as to study the compresible Navier-Stokes equations in the whole space. We shall investigate both the initial value problem in critical Besov spaces and the low Mach number asymptotics.