司法语言运用的能动边界探析——以农村法庭法官司法语言运用为视角

中国城乡差距较大,人们的文化水平高低有别,尤其是法官在面对农村案件当事人时,怎样引导他们正确参与诉讼是值得认真思考之事。司法能动是中国大法治环境下积极倡导的司法理念,这一理念契合了农村基层人民法官处理农村案件时积极引导案件当事人参与诉讼的现状。语言是法律诉讼的媒介,基层法官与当事人沟通的同时,还要掌握语言的深浅,避免不与法律相违背的语言缺陷。农村案件当事人需要法官给予更为直白的诉讼指导,由于司法语言承载着司法公正,司法语言运用成为司法实践中很重要的部分。

司法语言运用的能动边界探析——以农村法庭法官司法语言运用为视角

中国城乡差距较大,人们的文化水平高低有别,尤其是法官在面对农村案件当事人时,怎样引导他们正确参与诉讼是值得认真思考之事。司法能动是中国大法治环境下积极倡导的司法理念,这一理念契合了农村基层人民法官处理农村案件时积极引导案件当事人参与诉讼的现状。语言是法律诉讼的媒介,基层法官与当事人沟通的同时,还要掌握语言的深浅,避免与法律相违背的语言缺陷。农村案件当事人需要法官给予更为直白的诉讼指导,由于司法语言承载着司法公正,司法语言运用成为司法实践中很重要的部分。

司法语言运用的能动边界探析——以农村法庭法官司法语言运用为视角

中国城乡差距较大,人们的文化水平高低有别,尤其是法官在面对农村案件当事人时,怎样引导他们正确参与诉讼是值得认真思考之事。司法能动是中国大法治环境下积极倡导的司法理念,这一理念契合了农村基层人民法官处理农村案件时积极引导案件当事人参与诉讼的现状。语言是法律诉讼的媒介,基层法官与当事人沟通的同时,还要掌握语言的深浅,避免不与法律相违背的语言缺陷。农村案件当事人需要法官给予更为直白的诉讼指导,由于司法语言承载着司法公正,司法语言运用成为司法实践中很重要的部分。

司法语言运用的能动边界探析——以农村法庭法官司法语言运用为视角

司法能动是中国大法治环境下积极倡导的司法理念,这一理念契合了农村基层人民法官处理农村案件时积极引导案件当事人参与诉讼的现状。语言是法律诉讼的媒介,司法语言承载着司法公正,司法语言运用是司法实践中很重要的部分。基层法官与当事人沟通时,要掌握语言的深浅,避免与法律相违背的语言缺陷。农村案件当事人需要法官给予更为直白的诉讼指导。

生态环境司法能动之边界

司法能动是指法官在审理案件时,在法律没有明文规定或者规定较为模糊的情形下,根据具体案件发挥主观能动,合理地对法律进行解释和适用。具体到环境案件中,基于环境案件的隐蔽性、持续性等特点,如果一味适用司法克制主义可能难以解决环境问题。所以在环境案件中适用司法能动是为了更好地保证环境案件判决的合理性和解决因环境问题引发的各种社会冲突。为了保证司法的公正性,在推行司法能动的同时必须将其限定在特有的范围之内,不得僭越司法的边界。

An acoustic-wave theory for casing bond evaluation using viscoelastic slip boundary modeling

Slip boundary condition is commonly utilized to model elastic wave propagation through layered earth media. The same approach is used here to characterize acoustic wave propagation along a cased borehole with various cement bond conditions. By modeling the cement layer between casing and formation as a viscoelastic slip interface with complex coupling rigidity parameters, one can not only reduce the complexity in the classical elastic wave modeling of the problem, but also efficiently model various complicated wave phenomena that are difficult for the existing modeling. More specifically, the new theory can well describe the effect of the cement bond condition change and the location of the change(i.e., whether it is in the first interface between casing and cement, or the second interface between cement and formation) on the acoustic waves,demonstrating the good modeling capability and predicting power. Application of the theory to field data shows that the theory can correctly model the acoustic wave characteristics and interpret the cement bond condition, thus providing a useful fundament theory for casing bond evaluation using acoustic logging.

Structures of convection and turbulent kinetic energy in boundary layer over the southeastern edge of the Tibetan Plateau

Based on a comprehensive analysis on Sonic Anemometer and gradient data, wind profile radar(WPR) and GPS sounding data of March–August 2008 from the boundary layer(BL) tower observation system at Dali on the southeastern edge of Tibetan Plateau(TP), it is found that the strengths of turbulent kinetic energy(TKE), buoyancy term and shear term depend on vegetation cover in association with local stability and thermodynamic condition. Strong kinetic turbulence appears when near surface layer in neutral condition with the large contribution from shear term. In an unstable condition within near surface layer, the atmospheric turbulent motion is mainly thermal turbulence, as buoyancy term is obviously larger than shear term. Under a stable condition the intermittent turbulence is accompanied by weak shear and buoyancy term, and TKE is significantly less than neutral or instable condition. The study also presents that the buoyancy term contribution at Nyingchi station in the southern slopes of the TP large topography in spring is significantly larger than that at Dali over the southeastern TP edge, reflecting that the thermal turbulence makes an important contribution to convection activity in the southern slopes of TP. Dali station is located in complex terrain with mountain and valley leading to larger kinetic turbulence. From the perspective of interaction of turbulence-convection in different scales, the study revealed that the height of convective boundary layer(CBL) could reach up to 1500–2000 m. TKE, shear term, and buoyancy term in near surface layer have the notable correlations with BL height and local vertical motion. The daytime thermodynamic turbulence effect of heat flux and buoyancy term has an obvious impact on the height of CBL, whereas mechanical turbulence only exerts a less impact. Mechanical turbulence in near surface layer has a significant impact on vertical motion especially in the forenoon with impacting height of 2500–3000 m. The peaks in diurnal variations of shear term and buoyancy term correspond to the high instable periods, especially in summer forenoon. Our observation analysis characterized the convection activity triggered by TKE source and their interaction in the southeastern TP edge.

Exploration in Optimal Design of an Airfoil with a Leading Edge Rotating Cylinder

Based on the theory of moving surface boundary layer control(MSBC),a concept of an airfoil having a rotating cylinder at the leading edge has been developed and experimentally proven to have good aerodynamic performance even at large angles of attack.Thus,this research aims to give guidance on optimizing the design of this kind of airfoil with high lift coefficients.Using computational fluid dynamics(CFD)technique,the CFD simulation results have been compared with the experimental results available in the literature,and then the SST two-equation model is selected as the appropriate turbulence model.At a given cylinder surface velocity ratio,the cylinder diameter d,the drop height of trailing edgeδand the curvatures of the pressure and suction surfaces of the airfoil are regarded as the optimal design parameters and the airfoil lift coefficient is considered as the optimization objective function.Therefore,using orthogonal optimization method,we herein develop a new design of airfoil favorable for having a rotating leading edge.It has been numerically proven that the resulting airfoil has good capability of achieving a substantially superior performance when compared to the airfoils of the prior art.

Hydrodynamic performance of combined cylinders structure with dual arc-shaped porous outer walls

This study examines the hydrodynamic performance of short-crested wave interaction with a new porous cylindrical structure by using the scaled boundary finite element method （SBFEM）, which is a semi-analytical technique combining the advantages of the finite element method and the boundary element method and with its own special features as well. The cylindrical structure consists of dual arc-shaped porous outer cylinders circumscribing an impermeable inner cylinder. A central feature of the newly extended method is that two virtual outer cylinders extending the arc-shaped porous outer cylinders with the same centre are introduced and variable porous-effect parameters are also introduced for the two virtual cylinders, so that the final SBFEM quation still can be handled in a closed-form analytical manner in the radial direction and by a finite element approximation in the circumferential direction. The entire computational domain is divided into two bounded and one unbounded domains, and a variational principle formulation is used to derive the SBFEM equation in each sub-domain. The velocity potential in bounded and unbounded domains is formulated using sets of Bessel and Hankel functions respectively, and the unknown coefficients are determined from the matching conditions. The results of numerical verification show that the approach discretises only the outermost virtual cylinder with surface finite-elements and fewer elements are required to obtain very accurate results.Influences of the incident wave parameters and structural configurations on the hydrodynamics are examined.