Habits on Social Networks at Workplace: A Survey of Motivations and Behaviour

This article explores the use of social networks by workers in Abidjan, Côte d’Ivoire, with particular emphasis on a descriptive or quantitative analysis aimed at understanding motivations and methods of use. More than five hundred and fifty questionnaires were distributed, highlighting workers’ preferred digital channels and platforms. The results indicate that the majority use social media through their mobile phones, with WhatsApp being the most popular app, followed by Facebook and LinkedIn. The study reveals that workers use social media for entertainment purposes and to develop professional and social relationships, with 55% unable to live without social media at work for recreational activities. In addition, 35% spend on average 1 to 2 hours on social networks, mainly between 12 p.m. and 2 p.m. It also appears that 46% believe that social networks moderately improve their productivity. These findings can guide marketing strategies, training, technology development and government policies related to the use of social media in the workplace.

F-rough law and the discovery of rough law

By using function one direction S-rough sets （function one direction singular rough sets）, this article presents the concepts of F-law, F-rough law, and the relation metric of rough law; by using these concepts, this article puts forward the theorem of F-law relation metric, two orders theorem of F-rough law relation metric, the attribute theorem of F-rough law band, the extremum theorem of F-rough law relation metric, the discovery principle of F-rough law and the application of F-rough law.

Function S-rough sets and mining-discovery of rough law in systems

Function S-rough sets （function singular rough sets） is defined on a -function equivalence class [u]. Function S-rough sets is the extension form of S-rough sets. By using the function S-rough sets, this paper gives rough law generation model of a-function equivalence class, discussion on law mining and law discovery in systems, and application of law mining and law discovery in communication system. Function S-rough sets is a new theory and method in law mining research.

F-generation law and recognition of system law

If a system is not disturbed （or invaded） by some law, there is no doubt that each system will move according to the expected law and keep stable. Although such a fact often appears, some unknown law breaks into the system and leads it into turbulence. Using function one direction S-rough sets, this article gives the concept of the F-generation law in the system, the generation model of the F-generation law and the recognition method of the system law. Function one direction singular rough sets is a new theory and method in recognizing the disturbance law existing in the system and recognizing the system law.

Hiding dependence-discovery of F-hiding laws and system laws

Function one direction S-rough sets have dynamic characteristics and law characteristics. By using the function one direction S-rough sets, this article presents the concepts of the f-hiding law, F-hiding law, f-hiding law dependence and F-hiding law dependence. Based on the concepts above, this article proposes the hidingdependence theorem of f-hiding laws, the hiding-dependence theorem of F-hiding laws, the hiding-dependence separation theorem, the hiding dependence-discovery principle of unknown laws. Finally, the application of the hiding dependence of hiding laws in the discovery of system laws is given.

A Proof of First Digit Law from Laplace Transform

The first digit law, also known as Benford’s law or the significant digit law, is an empirical phenomenon that the leading digit of numbers from real world sources favors small ones in a form log(1 + 1/d), where d= 1, 2,..., 9.Such a law has been elusive for over 100 years because it has been obscure whether this law is due to the logical consequence of the number system or some mysterious mechanism of nature. We provide a simple and elegant proof of this law from the application of the Laplace transform, which is an important tool of mathematical methods in physics. It is revealed that the first digit law originates from the basic property of the number system, thus it should be attributed as a basic mathematical knowledge for wide applications.

Contemporary Approaches to Non-Contractual Obligations in Private International Law (Conflict of Laws) and the European Community’s “Rome II” Regulation

Introduction Traditional Private International Law(Conflict of Laws or,shorthand,“conflicts law,”in Anglo-American usage)was relatively straightforward in determining the law applicable to non-contractual obligations,particularly torts(delict):the“law of the place of the tort”was applicable。

Judicial Application of International Human Rights Treaties in China

Since the Chinese Constitution does not stipulate the status of international treaties in the domestic legal system,the question of whether the domestic court can apply international human rights treaties keeps obscure all the time.China’s official statement and academic opinions generally believe that the domestic court couldn’t resort to the human rights treaties.In recent years,however,several cases have come out involving direct reference to human rights treaties by the court.The following factors contribute together to the direct reference:the inward-looking nature of international human rights treaties,specific requirements of human rights treaties,and the possible institutional room in Chinas’s current legal system.Take the view off ulfilling international human rights obligations,the practice of judicial application should be fully affirmed.Nevertheless,it should also be noted that relevant practice is still in its infancy,there are some problems such as inconsistent understanding and non-standard application.From the perspective of top-level design,it is necessary to provide a normative basis for the practice of the court,so as to make the international human rights treaties play their due role.

Increasing the Safety of People Activity in Aggressive Potential Locations, Analyzed through the Probability Theory, Modeling/Simulation and Application in Underground Coal Mining

This paper deals with the increasing safety of working in aggressive potential locations, having SCADA system and WSN sensors, using a “probabilistic strategy” in comparison with a “deterministic” one, modeling/simulation and application in underground coal mining. In general, three conditions can be considered: 1) an unfriendly environment that facilitates the risk of accidents, 2) aggressive equipments that can compete to cause accidents and 3) the work security breaches that can cause accidents. These conditions define the triangle of accidents and are customized for an underground coal mining where the methane gas is released with the exploitation of the massive coal. In this case, the first two conditions create an explosive potential atmosphere. To allow people to work in a safe location it needs: first, a continuing monitoring through SCADA system of the explosive potential atmosphere and second, the use of antiexplosive equipment. This method, named “deterministic strategy”, increases the safety of working, but the explosions have not been completely eliminated. In order to increase the safety of working, the paper continues with the presentation of a new method based on hazard laws, named “probabilistic strategy”. This strategy was validated through modeling/simulation using CupCarbon software platform, and application of WSN networks implemented on Arduino equipments. At the end of the paper the interesting conclusions are emphases which are applicable to both strategies.

China＇s High-Speed Railway Industry and Applicability of the Anti-Monopoly Law

China＇s high-speed railway industry achieved dazzling development over the years, but not much research has been devoted to this industry from the perspeetive of competition policy. This paper focuses on the industrial organization of China＇s high-speed railway industry and the applicability of the Anti-Monopoly Law. We intend to answer the following questions： （l） Why is the high-speed railway industry not an industry of natural monopoly？ Which segments of the industry have elements of natural monopoly？ （2） At the level of corporate organization, what is the legal and economic rationale behind the patterns of China＇s high-speed railway undertakings evolving from government-affiliated enterprises to special legal person enterprises and then shareholding companies？ （3） The applicability of the Anti-Monopoly Law to the high-speed railway industry. Our conclusions from the perspective of competition policy are worth referencing for similar industries such as electric power, telecommunications, and water and gas supply.

Route and Rethink of China＇s Directly Applicable Law

Directly Applicable Law is an important achievement theory of private international law in the late nineteen fifties, widely used by states. The people＇ s Republic of China foreign civil legal relationship applicable law established the frame of our country＇ s Directly Applicable Law in the legislative level. In practice, there exists some shortcomings in the use of the rules and theory of Directly Applicable Law. In this paper, the author defines the rules from the micro level to order picture from macro level as the starting point, discussed the perfect approach of Directly Applicable Law from the dimension of the interpretation, system, evolution route ,and rethought our current legislative situation.

Study on the Applicable Principle and System Improvement of Contract Law to Liquidated Damages

Based on the applicable principle of liquidated damages in ＂contract law＂, based on the improvement of the system, the article first analyzes the status quo of the development of the default system and secondly puts forward some suggestions for improvement. The final purpose is to perfect the liquidated damages system with the Contract Law, in a bid to enhance the fairness of liquidated damages.

On Autonomy of Will and the Applicable Law of Labor Contract:From the Perspective of Chinese Legislation

There are so many different opinions on whether the autonomy of will is applied in labor contract.In this paper,the author discusses the application and limitation of autonomy of will in labor contract,and puts forward some suggestions on the application of Article 43 of Law of the Application of Law for Foreign-related Civil Relationships after the introduction of Chinese legislation of the applicable law of labor contract.Autonomy of will is a useful principle in resolving disputes arising from foreign-related labor contract in China.

On the Special Application of the Principle of Proportionality under Emergency State

As the two fundamental aspects of modern society,the emergency state and the routine state are not exceptions to the rule of law.They just abide by special legal rules and must adhere to the spirit of the rule of law,such as human rights protection and power restrictions and apply the principle of proportionality.In a state of emergency,public interests are faced with major and urgent threats.In this state,the positioning of the purpose,the examination of the consequences,or the measurement of the legal benefits of the purpose and the consequences all have a certain degree of particularity and complexity.In order to increase the rationality of the principle of proportionality in the state of emergency,and to perform its value function scientifically and effectively,it is necessary to adopt loose application standards based on the characteristics of the state of emergency,grasp the key application links,and limit the scope of application to the review of the rationality of the exercise of emergency powers.Judgment of the legitimacy of the purpose of the exercise of emergency powers and the derogation of civil rights such as human dignity are not within the scope of the principle of proportionality.

An Empirical Analysis of the Impact of the Contract Book of the Civil Code on Labor Dispute Trial Practices:A Study of Four Hundred Judgments

Interpretation(I)of the Supreme People’s Court of Issues Concerning the Application of Law in the Trial of Labor Dispute Cases allows for the application of pertinent laws and regulations,including the Civil Code of the People’s Republic of China(hereinafter referred to as the“Civil Code”),in labor dispute cases.This has resolved the controversy over the relationship between civil law and labor law in academic and practical communities.In view of this development,we examined four hundred judicial documents,analyzing the focal points of disputes,the reasoning behind judgments,applicable laws,and judgment results.Our study identified seven impacts of the Contract Book of the Civil Code on labor dispute trial practices,exploring the underlying logic behind these changes and proposing policy suggestions to promote consistent judgments across jurisdictions,enhance judicial credibility,and encourage employers to govern enterprises in compliance with the law while empowering employees to safeguard their rights in accordance with relevant laws and regulations.

“平台经济+数字知识产权”的反垄断问题研究

基于平台、算法和数据所产生的三元要素融合的市场竞争问题,既涉及数字知识产权的取得和行使,又关系到数字经济领域的反垄断审查,后者表现出规制“平台经济+数字知识产权”的法律样态,其适用的法律和行政规章主要是《反垄断法》《关于知识产权领域的反垄断指南》《关于平台经济领域的反垄断指南》。上述领域的反垄断审查,具有法律、经济、技术等诸多考虑因素,执法机构应以“法律+规章”为指引,结合平台经济和数字知识产权特点来构建分析框架。中国反垄断执法案件分为行政处罚案件和司法裁判案件,表现出不同于传统经济领域的反垄断执法特点。立足当下及面向未来,在“平台经济+数字知识产权”领域须秉持“积极的包容审慎”执法立场、采取事后规制与事前规制相结合的监管模式,实施以反垄断监管为中心的综合治理。

法律适用统一的路径和方法分析

在成文法体制下,法律适用统一是司法的一项基本理念和原则。该原则的实施关系到成文法体制语境中,司法公正与司法公信力的重要问题。在我国,实现法律适用的统一主要有三种路径:行政性路径、法律性路径以及学理性路径。这三种路径的作用机制和效用各有所不同。尽管行政性路径和方法直接、高效,但基于司法行政化本身的结构性弊端,从今后的发展来看该路径应当调整、限缩;在法律性路径中,救济程序中的上诉审还应当进一步完善和充实,通过设立法律审强化其法律适用的统一;学理性路径和方法是今后应该大力充实和发展的方向,但这一方向面临着学术与司法实践大环境的调整且是一项长期而艰巨的任务。

刑事案例指导制度统一法律适用的机制完善

案例指导制度的功能定位在于统一法律适用。法教义学的理论供给缺位、司法解释的抽象性、新兴的疑难案件和传统的边缘案件都可能给法律的统一适用造成阻碍,而案例指导制度对这些阻碍因素均有化解作用。指导性案例的生命力在于其所建议的处理方案的优越性,不应赋予其强制效力。为实现该制度的应然的功能定位,指导性案例必须具备翔实的说理。此外,还应当以“统一法律适用”为准绳,优化当前指导性案例的选编制度以及相关的配套机制。

法律行为规范对身份行为的有限适用

身份行为的构造依托于以意思表示为要素的抽象法律行为框架,不能以事实先在性架空意思自治。即使家庭法没有明确规定,身份行为也存在成立和效力的判断问题。根据纯粹身份行为和身份财产行为的区分概括描述适用模式的意义有限,即使是身份财产行为,也不能当然适用法律行为规范,而必须结合具体行为的性质以及所涉法律行为规范之利益状态进行个别化检视。在具体的规范适用检视中,应当首先考虑立法者的法政策决断,然后再考虑不同身份行为的本质。限制法律行为规范的适用往往意味着对当事人意思自治的限制,其背后往往存在维护身份关系安定性及公共利益的特殊考量。

《刑法修正案(十二)》行贿犯罪的立法修订及其适用

行贿犯罪的刑事立法经历了逐渐完善的过程,《刑法修正案(十二)》对行贿犯罪的立法修订也是这一过程的体现。《刑法修正案(十二)》对行贿犯罪的修订集中于刑罚层面,说明刑事立法并不以单纯的犯罪圈扩张为己任,刑罚完善与犯罪治理具有密切关联。行贿犯罪的立法修订有助于改变“重受贿轻行贿”的格局,尽力修复刑罚需求的体系协调性,注重情节对刑罚的调节功能。《刑法修正案(十二)》明确列举的从重情节提供了量刑裁决的合法性依据,但是也为规范适用留下了诸多困惑,需要立足立法规定及其刑事法治原则进行教义展开,确保罪刑法定原则司法化的精准实现,防范泛化蔓延或者随意适用带来的刑罚失衡问题。