Fiduciary Duties in Company Law:A German Perspective

As Chinese practitioners and scholars ponder the scope of fiduciary obligations under the country’s company law,this paper offers a comparative perspective from German law.Although German corporate law has not rejected legal transplants,the common law trust has never been accepted as an organizational device for administering third-party funds or doing business.Nonetheless,the German judiciary has developed a sophisticated concept of fiduciary obligations where the statutes remain silent.This paper explores the application of fiduciary obligations to limited partnerships,limited liability companies,and stock corporations.It takes a membership perspective to ascertain the legal relationships between a corporation and its shareholder-members and among fellow-shareholders,as business entities evolve from personalistic to capitalistic settings.Fiduciary obligations also inform the relationship between the corporation and its directors and corporate officers.Although German law does not classify directors and corporate officers as the shareholders’direct trustees,shareholders stand nonetheless to benefit from the way directors and corporate offices discharge their duties towards the respective corporate entities.Moreover,criminal law rules on embezzlement operate to protect the corporation and the monies it administers from overly risky business projects.

CHINESE CUSTOMS TO IMPOSE EXPERIMENTAL SPECIFIC AND COMPOUND IMPORT DUTIES

By a State Council decision, effective on July 1, Chinais to impose specific duties on three import commodities including beer, and compound duties on two otherimport commodities including video player on an trial basis. As this is an unprecedented experiment in China, Office of the Customs Tariff Commission under the StateCouncil, and the Customs Tariff Department of the GeneralAdministration of Customs are carrying out public consultation on these trial policies. In order to give the public abetter idea concepts, characteristics and purposes of specific and compound duties, our reporter visited the officerin charge at Guangzhou Customs.

15% Custom Duties in 2000

China’s foreign trade minister Shi Guangshengrecently promised that China will continue tolower its customs duties and establish an effective,flexible import coordination mechanism. By theyear 2005, the average import tariffs of industrialgoods will be cut to 10%. Currently, China’saverage import tariff is 17%. Non-tariff

The Impact of Network Topologies and Radio Duty Cycle Mechanisms on the RPL Routing Protocol Power Consumption

The Internet of Things(IoT)has witnessed a significant surge in adoption,particularly through the utilization of Wireless Sensor Networks(WSNs),which comprise small internet-connected devices.These deployments span various environments and offer a multitude of benefits.However,the widespread use of battery-powered devices introduces challenges due to their limited hardware resources and communication capabilities.In response to this,the Internet Engineering Task Force(IETF)has developed the IPv6 Routing Protocol for Low-power and Lossy Networks(RPL)to address the unique requirements of such networks.Recognizing the critical role of RPL in maintaining high performance,this paper proposes a novel approach to optimizing power consumption.Specifically,it introduces a developed sensor motes topology integrated with a Radio Duty Cycling(RDC)mechanism aimed at minimizing power usage.Through rigorous analysis,the paper evaluates the power efficiency of this approach through several simulations conducted across different network topologies,including random,linear,tree,and elliptical topologies.Additionally,three distinct RDC mechanisms—CXMAC,ContikiMAC,and NullRDC—are investigated to assess their impact on power consumption.The findings of the study,based on a comprehensive and deep analysis of the simulated results,highlight the efficiency of ContikiMAC in power conservation.This research contributes valuable insights into enhancing the energy efficiency of RPL-based IoT networks,ultimately facilitating their widespread deployment and usability in diverse environments.

The Modernization of Trustee's Fiduciary Duties in the Chinese Trust Law:A Perspective from the Uniform Trust Code in the United States

Trust is the greatest and most distinctive achievement of English law,grown and developed over the passage of time,to meet new demands towards providing new solutions to problems,resulting in its widespread and inventive use worldwide.Although the trust system was introduced by the enactment of a specialist Trust Law of the People's Republic of China in 2001,there is no significant growth in the use of the trust system in civic life.The personal fiduciary relationship between the settlor and trustee is the foundation of a trust.The trustee has an affirmative cquitable duty to act solely in the interest of the beneficiaries.Whether people can rely on the trust system and use it universally is highly dependent on a trustee's fiduciary duty.In the United States,thirty-four states and the District of Columbia have adopted some substantive provisions of the very valuable Uniform Trust Code(UTC).To promote the development and appropriate application of Chinese Trust Law,this article examines the differences between trustee obligations under the American UTC and Chinese Trust Law,and then proposes the amendment suggestion for Chinese Trust Law.This article consists of five parts.In addition to the Introduction,Part I of this article overviews the provisions of a trustee's fiduciary duties in Chinese Trust Law.PartⅡdiscusses and compares the differences and similarities on trustee's fiduciary duties in Chinese Trust Law and the UTC.Part Ⅲ explores the comparative consideration of a trustee's fiduciary duties,and provides the proposals for legal reform.Finally,this article brings forward a brief conclusion.

Experimental Study of a Quadratic Boost: The Cascaded Connected Single Switch

The quadratic boost is studied under its real model. The equations, of the continuous conduction mode, descriptive of this model are established. From these equations, the expressions of the voltage gain and the efficiency are extracted. These two quantities are plotted as a function of the duty cycle in order to appreciate them in different operating points of the transistor. The values of the different components have also been extracted for the fabrication of a prototype of the converter. Thanks to a set of experimental measurements at the input as well as at the output of the prototype converter, the voltage gain and the efficiency could also be observed. These were also plotted for different loads to observe converter behavior. The theoretical curves were compared with the experimental curves which allowed to validate the proposed mathematical models on a large range of duty cycles.

Should the Government Cut Import Duties on Luxury Goods?

China’s domestic consumer spending on luxury goods reached $12 billion last year, ranking second in the world, next only to Japan.

EU’s safeguard duties on high tenacity yarn of polyesters set an alarming trend

The EU has imposed a provisional anti-dumping duty on high tenacity yarn of polyesters from China on Jun. 2. Overseas crisis-fighting measures such as anti-dumping action, are up sharply in recent years. Chinese suppliers have to live with a challenging production environment

An Analytic Method of Segmented PWM Duty Cycle for Switched Reluctance Motor

In view of the large current peak and torque ripple in the actual current chopping control of switched reluctance motor,a segmented PWM duty cycle analysis method of switched reluctance motor based on current chopping control is proposed in this paper.The method realizes the control of the winding current by adjusting the average voltage of the two ends of the winding in one cycle through the PWM duty cycle.At the same time,according to the inductance linear model,the conduction phase is divided into a small inductance region and an inductance rising region,and the analytical formulas of PWM duty cycle in the two regions are deduced respectively.Finally,through matlab/simulink simulation and motor platform experiment,the current chopping control is compared with the segmented PWM duty cycle analysis method in this paper.Simulation and experimental results show that the segmented PWM duty cycle analysis method can effectively reduce the current peak and torque ripple,and has high practical application value.

Epistemic Analysis of Kantian Ethics of Duty Call vis-a-vis Paranormal in Nigerian Society Among Nigerian Clergymen

This work is geared to carry out epistemic analysis of Kantian ethics of duty call vis-à-vis paranormal in Nigerian society among clergymen.The recent changes in Nigerian and other African countries like colonialism that brought Western education,globalization,urbanization,and new religion(Islam and Christianity)have made it that divination in traditional African religion is no longer in vogue in this contemporary period.Divination and fortune telling have taken a new dimension in form of faith healing and miracles by some prophets and so called men of God like pastors,priests,and imam.The quest for materialism among the ministers and clerics of Islamic,Christian and traditional religion has made them abuse their religious calling for their selfish interests.This work makes use of analytic and critical methods of data analysis.This work postulates that Immanuel Kant’s ethics of duty call serves to provide a guiding principle to Nigeria clergymen of different religions on the need for them to carry out their religious duties out of good will.On the other hand,twisting or distorting the teachings of their religion to serve their various selfish interests contravenes Immanuel Kant’s ethics of duty call.Finally,they have to contribute positively to nation building by propagating or fostering the positive ideology,theories,or doctrines that will promote love and national unity in a multicultural country like Nigeria.

Stamp Duty Tax and Growth of Economy:Evidence from Nigeria

This study looked at the impact of the Nigerian stamp duty tax on the growth of the economy.Time series data were employed spanning the years 1999-2020.For various years,related data were extracted from the Central Bank of Nigeria Statistical Bulletin,the Bureau of National Statistics,and Federal Inland Revenue Service reports.E-view 9.0 was used to test the hypothesis using the ordinary least square.The study outcome revealed that stamp duty has an insignificant and positive impact on Nigeria’s economic growth.It was recommended that the government improve public entities and provide strong government investment as a source of domestic revenue generated from various business activities.

Certainty,Justice and the Law of Agency in the Chinese Civil Code:A View from England

The new Chinese rules on agency do not impose broad“fiduciary”duties on agents—instead,there are a number of specific provisions designed to protect the principal against particular abuses to which it is peculiarly vulnerable in the principal/agent relationship.Chinese law,thus,deliberately refuses to follow the lead of English law,which imposes very strict and wide-ranging fiduciary duties on agents.This paper argues that this is probably wise.English law has to be seen against a matrix of a system of commercial law which was forged on the anvil of international trade and commodity supply contracts,leading to a set of rules that prefer certainty of outcomes(and the avoidance of litigation)overachieving particular justice in individual cases(such as might have been achieved by subjecting English law to an overarching“good faith”principle).English commercial law is adversarial,not cooperative.This explains why,in a relationship that is characterized by cooperation,such as the principal/agent relationship,the general rules of English commercial law are replaced by wide,justice-oriented rules.A system that is already based on cooperation,for which Chinese law is almost paradigmatic,is likely much more adept at applying the general rules to the agency relationship than English law would be.

浅析学生对精读课前“Duty Report”的抗拒心理

学生在精读课堂常常表现出沉默、被动,教师试图在课前增加"Duty Report"环节活跃课堂气氛,但是部分学生对"Duty Report"产生了抗拒心理。笔者通过课堂观察、问卷、访谈等方式,从学生、教师和教学环境着手,分析学生抗拒心理形成原因并力求找到相关对策。

A Character Analysis of Jeremiah Donovan in "Guests of the Nation"

It is the war that distorts and reshapes human mind.Donovan knew the nature of the war better than other characters.He distinguished the line between the human nature and the duty very clearly,he was not a cold blooded executor;instead,Donovan was understandable and considerate,he suffered the conflicts between personal feelings and national interests,sense of guilt and sense of duty.Jeremiah Donovan was a victim of the war.

Problems and Characteristics of Russian Platinum Metals Exporters

The paper revealed the place and role of Russia in the global market of platinum metals, highlighted features of pricing in the export of Russian platinum group metals, the main problems of pricing in the export contracts related to the instability of markets and imperfect currency and customs legislation of the Russian Federation, proposed innovative ways to solutions to existing problems in the preparation and conclusion of export contracts.

Intertextuality of Translations Into and From Judaeo-Arabic as a Transformative Platform in Jewish-Arabic Universalism:The Case of Legal Monographs of the Late Geonim

In medieval times,translators of Judaeo-Arabic literature living in Islamic lands were fluent in Arabic as this was the lingua franca and,in many cases,their mother tongue.This is only rarely the case for the contemporary scholar.This creates enormous challenges for the modern translators of their works.However,this challenge is an opportunity to bridge cultural and historical gaps by increased accuracy the hallmark of modern scholarship.This interdisciplinary discourse establishes the co-religious Dasein.The research tools which demand knowledge not only of Jewish sources but rather of Islamic texts allow for greater appreciation of contacting influences.Rav Y.al-Barceloni of the 12th century,among others,translated into Hebrew several works of the Geonim with his own halakhic interpretations,interpolations,and expansions.When scholars come today to comprehend anew,these compilations they paradoxically are more reflective of the original text than scholars of the middle ages who were contemporaneous with these texts.Nonetheless insofar as the translations are into Hebrew,they produce insular affect on the cultural product,leaving it within the Jewish fold.This fact forces scholars who desire to communicate with the broader audience to publish their results in European languages.In mediaeval studies,this is not as often as one thinks.

Duty Report对普通高校新生SLA作用的研究

普通高等学校大学新生在陌生的学习环境下,二语习得(SLA)面临着很多困难。在建构主义理论的指导下,在大学英语教学中充分利用Duty Report形式,降低新生二语习得的焦虑、培养正确二语习得动机、建立良好的师生心理契约关系、改善二语习环境,为以后的二语习得打下扎实的基础。

Duty Report在高职电子商务英语课堂教学中的运用

Duty Report,即课堂上的值日生报告,是广大英语教师在课前喜欢使用的教学方法。高职电子商务英语课程是高职电子商务专业的一门专业课程,有一定的难度。在电子商务英语课堂上,如何科学、合理利用"课前五分钟"的Duty Report,缓解电子商务专业学生英语学习压力、了解商务背景知识、巩固英语语法及专业词汇,本文进行了一定的探析。

Value Choice and System Enlightenment of the U.S.Business Judgment Rule

Through analyzing theories and legislative cases in respect of Business Judgment Rule in American justice systems with the com parison method,this article reveals that the business judgment system is conducive to the protection of rights and interests of the directors in decision making,and enables the court to avoid the substantive review on business management in an effective manner;at the same time,in view of the blanks and deficiencies in the legislation of China in the "Company Law" and other relevant laws,it is recommended that the Business Judgment Rule be introduced into China and the legislation in respect of director accountability be strengthened,while the direc tors fiduciary duty and other supporting systems be improved,with the reference of the U.S.practice,to clarify the legal boundary between rights and responsibilities of directors.

CGFNS考试中的保密性、警告义务及题例

目的--报告CGFNS考试中法律和伦理知识。方法--对保密性及警告义务的相关知识加以介绍和讨论，并相应举出有关的CGFNS考试试题实例说明。结果--CGFNS考试是针对美国以外的进入美国工作护士的资格考试，其中渗透着美国的法律和伦理问题。结论--为通过CGFNS考试应对此方面的内容加以重视。