Impact of Mandatory Provisions on the Validity of Juristic Acts: A Path for Legal Policy Analysis

Contrary to the approach in judicial practice,Paragraph 1,Article 153,of the Civil Code of the People’s Republic of China,as a rule of invalidity for violating mandatory provisions,does not adopt a dichotomy towards mandatory provisions with effectiveness and administrative characteristics,yet it maintains the legislative philosophy of differentiation.It leaves unspecified whether mandatory provisions that do not explicitly render a juristic act invalid impact the act’s validity,entrusting this determination to the discretion of judges on a case-by-case basis.When judges,under the authority of Paragraph 1,Article 153 of the Civil Code,explore the normative intent of mandatory provisions to assess their effect on the validity of juristic acts,they should engage in legal policy analysis centered on consequence-based argumentation to overcome the limitations of norm typological analysis.This analysis employs a reasoning model predicated on the normative purpose,utilizing a consequencefocused interpretative approach for formulating and arguing propositions of rules applicable to pending cases,thereby arriving at case-specific conclusions.Since the invalidation of juristic acts serves as an auxiliary regulatory tool for the state economy and society,a consequence-oriented interpretation needs to be based on the idea of mutual instrumentalization of public and private laws.This entails predicting the outcomes of negating the validity of a juristic act in industrial regulatory scenarios and assessing these outcomes within the framework of public and private regulatory instruments.

Theory on Introducing a Mandatory Attorney System into Civil Litigation from the Perspective of the Protection of the Right of Action

As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litigation,otherwise they will be rejected because the litigation requirements aren’t met.This seems to restrict the litigants’right to initiate a lawsuit by themselves.Through the arrangement of the system for the participation of lawyers in some litigation procedures,stages,and cases,coupled with the legal principle of litigation costs,the litigation costs sharing mechanism,legal aid,and other related supporting systems,it is not only a substantive guarantee for the litigants’right of action,but also can even strengthen the protection of the litigants’right of action in civil litigation.Based on the need to effectively protect and strengthen the litigants’right of action,combined with its civil litigation system and judicial operation environment,China should adopt a phased and gradual strategy to introduce and implement the mandatory attorney system in civil litigation while constantly improving its lawyer system,litigation costs system,legal aid system,and other related supporting systems.

Ethics of mandatory COVID-19 vaccination:a scoping review

Vaccination against life-threatening infectious illnesses is an important medical contribution that saves millions of lives worldwide each year.However,vaccine development and its use often attracted significant ethical controversies.The ethical deliberations around vaccine research and use often utilize public health ethics principles where the benefit of the community at large or the common good is considered as the goal of ethical deliberations over benefits at the individual level.A scoping review of the literature regarding mandatory COVID-19 vaccination showed that many scholars recommended such a strategy based on the harm principle,and there is not much literature regarding other ethical principles that can be utilized to promote mandatory COVID-19 vaccination.

From mandatory icebreaker guiding to a permission regime: changes to the new Russian legislation of the Northern Sea Route

This article focuses on two issues. The first concerns definitions of the Northern Sea Route （NSR） in old and new Russian legislation, and the second relates to Russian rules on icebreaker guiding. Based on a comprehensive comparative analysis of relevant Russian legal provisions enacted in 2013 and previous laws in this area, we offer the following conclusions. （1） Our legal analysis indicates that Russia＇s view of the NSR as a historical national transportation route has not changed. However, the new law redefines the scope and coverage of the NSR, which now comprises the internal waters, territorial sea, adjacent zone, and the exclusive economic zone of the Russian Federation. In fact, the new law resolves previous ambiguity regarding extension of the NSR boundary to the high seas. （2） Based on an analysis of the new rules on icebreaker guiding, the article concludes that NSR is transitioning from a mandatory icebreaker guiding regime into a permit regime. This is particularly evident in its provision of a concrete, practical, and predictable clause on permissible or impermissible conditions relating to independent navigation. According to the new rules, it is possible for foreign ships to undertake independent navigation in the NSR. The Russian NSR policy, therefore, appears to have changed significantly, and has future potential for opening the NSR up to the international community.

Clinical characteristics and outcomes associated with nasal intermittent mandatory ventilation in acute pediatric respiratory failure

AIM To characterize the clinical course and outcomes of nasal intermittent mandatory ventilation(NIMV) use in acute pediatric respiratory failure.METHODS We identified all patients treated with NIMV in the pediatric intensive care unit(PICU) or inpatient general pediatrics between January 2013 and December 2015 at two academic centers.Patients who utilized NIMV with other modes of noninvasive ventilation during the same admission were included.Data included demographics,vital signs on admission and prior to initiation of NIMV,pediatric risk of mortality Ⅲ(PRIsM-Ⅲ) scores,complications,respiratory support characteristics,PICU and hospital length of stays,duration of respiratory support,and complications.Patients who did not require escalation to mechanical ventilation were defined as NIMV responders;those who required escalation to mechanical ventilation(MV) were defined as NIMV nonresponders.NIMV responders were compared to NIMV non-responders.RESULTS Forty-two patients met study criteria.six(14%) failed treatment and required MV.The majority of the patients(74%) had a primary diagnosis of bronchiolitis.The median age of these 42 patients was 4 mo(range 0.5-28.1 mo,IQR 7,P = 0.69).No significant difference was measured in other baseline demographics and vitals on initiation of NIMV;these included age,temperature,respiratory rate,O2 saturation,heart rate,systolic blood pressure,diastolic blood pressure,and PRIsM-Ⅲ scores.The duration of NIMV was shorter in the NIMV nonresponder vs NIMV responder group(6.5 h vs 65 h,P < 0.0005).Otherwise,NIMV failure was not associated with significant differences in PICU length of stay(LOs),hospital LOs,or total duration of respiratory support.No patients had aspiration pneumonia,pneumothorax,or skin breakdown.CONCLUSION Most of our patients responded to NIMV.NIMV failure is not associated with differences in hospital LOs,PICU LOs,or duration of respiratory support.

Study on Mandatory Access Control in a Secure Database Management System

This paper proposes a security policy model for mandatory access control in class B1 database management system whose level of labeling is tuple. The relation hierarchical data model is extended to multilevel relation hierarchical data model. Based on the multilevel relation hierarchical data model, the concept of upper lower layer relational integrity is presented after we analyze and eliminate the covert channels caused by the database integrity. Two SQL statements are extended to process polyinstantiation in the multilevel secure environment. The system is based on the multilevel relation hierarchical data model and is capable of integratively storing and manipulating multilevel complicated objects ( e.g., multilevel spatial data) and multilevel conventional data ( e.g., integer, real number and character string).

Sustained Effectiveness of a Mandatory Employee Influenza Vaccination Policy at a Cancer Center

Objectives: Despite the well-known advantages associated with immunization, it has proven difficult to achieve high levels of influenza vaccination among Health Care Professionals (HCPs). This report describes results of an influenza vaccination program implemented within a comprehensive cancer center. Methods: Using records from calendar years 2005-2013, we completed a retrospective analysis of annual influenza vaccination rates at this center. A mandatory influenza vaccination policy was implemented in 2010, while prior to that vaccination was encouraged but not required. Vaccinations are free to employees and distributed at various locations. Annual influenza vaccination rates were examined by calendar year and by occupational group (medical, nursing, administrative, scientific, other support staff). Results: High levels of adherence with the mandatory influenza policy were observed for all employee groups. Prior to influenza vaccine mandates flu vaccination rates ranged from ~30% - 40% and increased to 85% - 89% with the mandate. Conclusions: Robust influenza vaccination rates have been sustained since implementation of a vaccination mandate supporting further expansion of policies requiring influenza vaccination for HCPs.

Mandatory Testing for HIV and Sexually Transmissible Infections among Sex Workers in Australia: A Barrier to HIV and STI Prevention

Australia is an apt landscape upon which to measure the success of mandatory testing of HIV and sexually transmissible infections (STIs) among sex workers. Mandatory testing is implemented in some Australian jurisdictions and not others, allowing for a comprehensive comparison of the outcomes. It is apparent that mandatory testing of HIV and STIs among sex workers in Australia has proven to be a barrier to otherwise successful HIV and STI peer education, prevention and free and anonymous testing and treatment. The outcomes of mandatory testing are counterproductive to reducing HIV and STI rates, do not reach the intended target group, are costly and inefficient, and mandatory testing has proven to be a very difficult policy to repeal once in place. Scarlet Alliance, the Australian Sex Workers Association, as well as numerous academics and policy leaders in Australia recommend against mandatory testing of HIV and STIs among sex workers.

Workshop on Streamlining Chinese Mandatory Standards

Representatives and experts from eight Chinese national ministries and institutes including MIIT,MOHURD,Ministry of Public Security,Ministry of Transport,CNIS etc.,attended the workshop on streamlining Chinese mandatory standards,held by SAC in Beijing on April 29,aiming to figure out and supervise the implementing progress of relevant work.Attendees introduced their work schedules as well as problems encountered respectively,making

An Analysis of the Non-mandatory Explicitation in Two English Versions of Chuanxilu from the Perspective of Poetics

Chuanxilu is a collection of Wang Yangming’s questions&answers and letters on learning.It is a masterpiece of Neo Confucianism since the pre-Qin period.This paper,from the perspective of translation poetics,takes two English versions of Chuanxilu as the main research objects,makes quantitative statistics and qualitative analysis of the non-mandatory explicitation in the translation,aiming to explore the influence of poetics on the translator’s English translation of Chuanxilu,so as to provide some enlightenment for the external translation and interpretation of Wang Yangming’s theory of mind.

National mandatory standard on agricultural mulch film issued

The revised national mandatory standard on polyethylene blown mulch film for agricultural uses was officially issued in October 2017.The new standard defines the increase of the minimum thickness of mulch film,which can prevent the overuse of ultra-thin mulch film and promote the recycling and aging-resistance of mulch film,according to Sha Nansheng,Deputy-Director of Science and Technology Division,MIIT.

The Mandatory Energy Efficiency Standard for Distribution Transformer soon Publicized in China

Owning to the rapid economy development in China and sharp increase of energy consumption in recent years, energy shortage is increasingly apparent and becoming an important obstacle to the sustainable development of our economy. With the aim to relieve the problem of energy shortage, the State Development and Reform Commission places the great emphasis of energy-saving work on improving energy efficiency of industrial energy-consuming products in energy-saving work. The General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China(AQSIQ) has issued and implemented two energy efficiency standards for three-phase induction motors and displacement air compressor, and will soon issue another two energy efficiency standards for clean- water centrifugal pumps and ventilation fans. The transformer is a kind of electric equipment widely used in many industries in national economy, with features of great amount of use, long period of operation and tremendous potential of energy-saving. So, it is necessary to develop the standard of energy efficiency for distribution transformers.It has been an issue of common concern for all countries in the world to reduce the consumption of transformers and upgrade their distribution efficiency.

Stabilizing the Mandatory Retirement Age in China

Retirement is a basic right of Chinese citizens. Reasonable determination and appropriate adjustment of the mandatory retirement age should be based on safeguarding the rights of the public, particularly ordi- nary workers, and should be decided by the promise of the state to ＂respect and ensure human rights.＂ With the establishment and improvement of the socialist market economy in China, and particularly since China became an aging society in the new century,

Mandatory CSR disclosure and analyst forecast properties:Evidence from a quasi-natural experiment in China

Based on a quasi-natural experiment that mandates a subset of listed firms to issue standalone corporate social responsibility(CSR)reports,we examine whether mandatory CSR disclosure improves analysts’information environment.We focus on two properties of analysts’earnings forecasts:forecast error and forecast dispersion.We find that the mandatory issuance of standalone CSR reports is related to less forecast error and less dispersed forecasts,and the effect varies with the firm-level information environment and provincelevel marketization.Additional tests show that the improvement in forecast properties is mainly driven by CSR reports that i)are of high quality and ii)contain more long-term-oriented information than other CSR reports.Our findings provide evidence that mandatory CSR disclosure plays an important informational role for financial analysts.

Mandatory lane-changing modelling based on a game theoretic approach in traditional and connected environments

The paper proposes a model of mandatory lane-changing behaviour based on a non-cooperative game in a traditional environment and analyses its applicability in a connected environment.In order to solve the problem of traffic safety and traffic congestion caused by mandatory lane-changing on urban roads,this paper applies the non-cooperative game theory to describe the game behaviour of the two parties,the lane-changing vehicle and the vehicle behind the target lane,in the connected and traditional environments respectively,and constructs the model considering the safety gain,speed gain and lane-changing gain to obtain a game model and the Nash equilibrium solution.Themodel is calibrated and tested using NGSIM data,and the results of the study show that themodel has a good performance for the decision behaviour of lane-changing vehicles and lag vehicles for mandatory lane-changing behaviour on urban roads.

Mandatory lane-changing decision making and planning in emergency situations

By considering mandatory lane-changing as a collision avoidance measure,this paper presented the corresponding lane-change decision making and trajectory planning algorithm under an emergency scenario.Different from the traditional algorithm in which lane-change decision making and trajectory planning are separated,they are here coupled in a proposed algorithm and the related parameters are dynamically adjusted in the whole process.In addition to lane-change collision avoidance feasibility analysis,lanechange time instance and duration time are obtained by solving the constrained convex quadratic optimization programme.By taking lane-change time instance and duration time as inputs,the algorithm then proceeded to propose a kinematic model-based highorder polynomial lane change trajectory.By giving the simulation result compassion with the related algorithm,it is proved that the proposed algorithm has a good robustness and high efficiency.

Mandatory information disclosure and innovation:Evidence from the disclosure of operational information

We use a quasi-natural experiment wherein the Shanghai Stock Exchange requires listed companies in certain industries to disclose operational information and a staggered difference-in-differences model to examine the impact of mandatory information disclosure on corporate innovation.We find that companies subject to mandatory operational information disclosure show significantly increased innovation.This effect is pronounced for companies classified as non-state-owned enterprises,facing severe financing constraints and a high degree of shareholder tunneling behavior and in competitive and high-tech industries.Although mandatory operational information disclosure reduces their competitive advantage,companies appear to compensate by increasing innovation.Our study highlights the positive impact of mandatory operational information disclosure,indicating that it contributes to the highquality development of both capital markets and companies.

中华人民共和国国家标准公告 (2023年第12号)

State Administration for Market Regulation and Standardization Administration of China have approved the following 17 mandatory national standards.

中华人民共和国国家标准公告(2023年第21号)

State Administration for Market Regulation and Standardization Administration of China have approved the following 23 mandatory national standards.