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.

Review of Maritime Transportation Air Emission Pollution and Policy Analysis

The study of air emission in maritime transportation is new, and the recognition of its importance has been rising in the recent decade. The emissions of CO2, SO2, NO2 and particulate matters from maritime transportation have contributed to climate change and environmental degradation. Scientifically, analysts still have controversies regarding how to calculate the emissions and how to choose the baseline and methodologies. Three methods are generally used, namely the ＇bottom up＇ approach, the ＇top down＇ approach and the STEEM, which produce very different results, leading to various papers with great uncertainties. This, in turn, resuits in great difficulties to policy makers who attempt to regulate the emissions. A recent technique, the STEEM, is intended to combine the former two methods to reduce their drawbacks. However, the regulations based on its results may increase the costs of shipping companies and cause the competitiveness of the port states and coastal states. Quite a few papers have focused on this area and provided another fresh perspective for the air emission to be incorporated in maritime transportation regulations; these facts deserve more attention. This paper is to review the literature on the debates over air emission calculation, with particular attention given to the STEEM and the refined estimation methods. It also reviews related literature on the economic analysis of maritime transportation emission regulations, and provides an insight into such analysis. At the end of this paper, based on a review and analysis of previous literature, we conclude with the policy indications in the future and work that should be done. As the related regulations in maritime transportation emissions are still at their beginning stage in China, this paper provides specific suggestions on how China should regulate emissions in the maritime transportation sector.

Policy analysis of pension services in differem age groups

With aging of the population growing, the pension problem has become more and more attention by people, this article through to the national and Shanghai municipal government policies aimed at different the elderly were analyzed, and put forward feasible Suggestions to deal with an ageing population.

Research on the Work-for-Relief Policy within the Scope of Comprehensive Rural Revitalization:Quantitative Analysis of Policy Texts Based on 71 Policy Documents

Work-for-relief plays a unique role in China’s journey toward modernization.From the perspectives of policy tools and interest analysis,this paper uses quantitative analysis of policy texts and integrates grounded theory to build a policy expression analysis model to discuss the current work-for-relief policy system.The study found that China’s use of the work-for-relief policy is unbalanced,and it is necessary to enhance the involvement of non-governmental sectors,as well as to fully consider the policy’s target groups and the social issues that need addressing.

Analysis and Innovative Strategies of Tax Preferential Policies to Promote the Sustainable Development of Small-Scale Individual Businesses

This study conducted an in-depth analysis of the current tax preferential policies for small-scale individual businesses and compared them with similar policies both domestically and internationally,aiming to reveal the advantages and disadvantages of the current system.After examining the impact of these tax preferential policies on the economic status of individual business owners and the broader social economy,this article proposes a set of innovative tax preferential strategies based on theoretical foundations.By developing these innovative strategies and clarifying their implementation paths,the aim is to promote the sustainable and healthy development of small-scale individual businesses,thereby fostering comprehensive socio-economic progress.The conclusion of this study not only summarizes policy recommendations with practical significance but also provides theoretical support for the optimization and innovation of future related systems.

Inclusive Education in Wales:Interpreting Discourses of Values and Practice Using Critical Policy Analysis

Purpose:This paper provides a detailed analysis of inclusive education policies in the context of major system reform in Wales,United Kingdom.Wales is currently undergoing the most significant changes to its education system since political devolution from the U.K.Government in I999.Key to these changes is the new Curriculum for Wales and the Additional Learning Needs(ALN)regulations;alongside these and wider system-level reforms,there is an ambition to create an inclusive education system in Wales.This paper explores how inclusion is articulated and communicated within the key policy and guidance documents,using two continuums-"practice"and"values"to map and interpret these documents.Design/Approach/Methods:This paper uses critical policy analysis to make sense of these various inclusive education policy reforms in Wales.Findings:The analysis reveals that despite a foregrounded commitment to inclusion,there is disparity both within and between the policy and guidance documents.Originality/Value:The paper highlights the lack of coherence of key messages articulated through education policy documentation in Wales,providing insight into the emerging national education system reforms,as well as developing an approach for evaluating inclusive education systems inotherjurisdictions.

Modeling and Global Conflict Analysis of Firewall Policy

The global view of firewall policy conflict is important for administrators to optimize the policy.It has been lack of appropriate firewall policy global conflict analysis,existing methods focus on local conflict detection.We research the global conflict detection algorithm in this paper.We presented a semantic model that captures more complete classifications of the policy using knowledge concept in rough set.Based on this model,we presented the global conflict formal model,and represent it with OBDD(Ordered Binary Decision Diagram).Then we developed GFPCDA(Global Firewall Policy Conflict Detection Algorithm) algorithm to detect global conflict.In experiment,we evaluated the usability of our semantic model by eliminating the false positives and false negatives caused by incomplete policy semantic model,of a classical algorithm.We compared this algorithm with GFPCDA algorithm.The results show that GFPCDA detects conflicts more precisely and independently,and has better performance.

Integrated Water and CGE Model of the Impacts of Water Policy on the Beijing's Economy and Output

The article used general equilibrium model to analyze the change of gross domestic product and industry output affected by water resources policies in Beijing City by using GEMPACK soft tool.The article researches on rules of water supply and demand,evaluating water resources,building water resources input and output table,establishing water computable general equilibrium model and stimulating water policy.The stimulation gives a scenario that increases water price by 10%.The result shows the following aspects.First,water resources policy infects gross domestic product and industry output in different ways.There are different behaviors in different industries as to the water policy. Agriculture industry has the same tendency as water price change and it has more sensitive to water quantity than to water price.For basic energy industries such as oil and chemistry and gas,they show diversity tendency.As to some high water consumer industry such as paper and textile etc.,water resource economic policy can infect them greatly and can promote them to accomplish more water-saving technology.Waste water and construction and service industries show the same tendency as to water policy.Second,government should pay more attention to water resource policy by macro economic administration.The simulation also shows that the output and supply and consumer price change more than expect as to water policy in a free market economic in water industry.So as to a government policy maker,one should be more carefully and prepare suitable forecast and plan to water policy and its negative impact.

Adding Value to Applied Policy Models： The Case of the WTO and OECD Support Classification Systems

Both the OECD and the WTO have accumulated systematic data on the magnitude of support going to farmers as a result of farm policies. The datasets are collected for different purposes, but both give a detailed picture of the evolution of these policies. This paper extends recent work on the compatibility or otherwise of the two attempts at policy monitoring by considering the categorization of individual policy instruments in Norway, Switzerland, the US, and the EU. The results show how the OECD dataset, particularly with respect to the link between direct payments and production requirements, complements that of the WTO. Many payments classified in the WTO Green Box require production, raising the possibility that they may distort production and trade. Though the issue of correct notifications to the WTO is the province of lawyers, the implications for modeling and policy analysis are of interest to economists, and the broader question of improving the consistency of the two datasets is of importance in the quest for transparency in the interpretation of changes in farm policies.

Can Evidence-based Policy Contribute to Correcting Overreaction？--Considering Democracy and Rationalized Policy Making

This paper focuses on evidence-based policy-making and democracy, along with political overreaction. In many countries, evidence-based policy-making is a prominent aspect of administration and aims to rationalize the policy-making process. Moreover, democracy is subject to many critiques nowadays because it cannot guaxmatee good public policy-making. Under such circumstances, some researchers have suggested that democracy should be limited, especially in public policy-making processes. There axe many critiques of such arguments because they ignore the participation that is necessary for democracy. There is some hope that evidence-based policy-making can teach laypersons using evidence. However, evidence is too difficult to understand for many laypersons. In this paper, the author suggests limited participatory analysis to support evidence-based policy. In this system, only knowledge holders would be allowed to participate. If evidence-based policy meant that the formulation of policy relied only on narrower experts, it would not make a positive contribution. However, if evidence-based policy were to adopt a participatory policy-creation process, it would offer greater potential

Analysis of the Current Situation of the National Student Physical Fitness Test

The physical health level of adolescents is related to the future of the motherland and the great rejuvenation of the Chinese nation.Through literature review,induction method,and logical analysis,this paper analyzes the policies related to students’physical health,explains the current situation of physical health testing of students in China,summarizes the problems that occur in the process of physical health testing,and finally puts forward suggestions for optimizing physical health testing of college students.

Analysis of Human Rights Policies of Chinese-funded Overseas Enterprises

Since China＇s reform and opening-up, Chinese enter- prises investing overseas have increased rapidly,expanding the scale of overseas investment. Ministry of Commerce data from the 2010 statistical bul- letin detailing China＇s foreign direct investment show that as of the end of 2010, more than 13,000 Chinese and foreign-invested enterprises in China have directly invested in more than 16,000 enterprises overseas, with cumulative net foreign direct investment of 317.21 billion U.S. Dollars.

Research on Incentive Policies for Chinese Innovative Drug R&D - Taking Innovative Anti-tumor Drugs as an Example

Objective To provide reference for improving Chinese innovative drug research and development incentive policies.Methods Based on investigating the incentive policies for innovative drug research and development in clinical research,evaluation and approval in China,anti-tumor drugs were taken as the research object to discuss relevant policies from the perspective of clinical trials and registration approval based on data statistics and current situation analysis.Results and Conclusion Driven by a series of incentive policies for innovative drug R&D,great achievements have been made on anti-tumor drugs.However,there are problems such as concentration of drug targets,homogenization of clinical trials,and gaps in some drugs with large clinical needs.To improve incentive policies for innovative drug R&D,China should adhere to the orientation of clinical value,focusing on basic research and translational research,improving evaluation and approval capabilities,and establishing a sound ecosystem for innovative drugs.

普惠型商业医疗保险特定高额药品保障研究

目的研究我国普惠型商业医疗保险目前特定高额药品(以下简称“特药”)保障的范围及水平,为进一步完善普惠型商业医疗保险的保障水平提供参考。方法通过官方公众号、投保小程序收集2022年普惠型商业医疗保险的保障政策,采用政策文本分析法提取和分析参保条件、筹资标准、特药的类别及保障水平等内容。结果2022年普惠型商业医疗保险所包含特药数量的均数为28种,以肿瘤药为主。54.62%的商业医疗保险方案特药起付线设定为0,报销比例的均数为74%、中位数为80%。70.54%的商业医疗保险方案封顶线在100万元及以下。58.04%的商业医疗保险方案保障既往症人群的特药费用,但保障水平在不同程度上有所降低。结论我国普惠型商业医疗保险的特药保障有助于减轻患者的经济负担,满足患者多元化用药需求,但对既往症人群的保障水平较为有限。建议进一步优化特药保障责任,明确特药目录的遴选规则。

A Critical Review of Policies for Emission Reduction of Non-road Mobile Machinery

Increasing attention is being paid to the reduction of emissions from non-road mobile machinery,and many policies to promote the reduction have been established in countries and regions around the world,including the United States,Canada,the European Union,and China.This paper reviews these policies and analyzes two successful grant programs in the USA.Depending on the findings from the research,it is suggested that the Chinese government should tighten emission standards,introduce more financial subsidies,and strengthen supervision.

Construction of PE Guiding Framework based on the Enhancement of the Comprehensive Quality

College physical education located at the last stage of school physical education, it is not only related to comprehensively promote and enhance the overall quality of students’ physical and mental quality education, but also related to the quality of higher education and the implementation of personnel training ＇ tness activities. However, for a long time, due to the historical and social impact of many factors, college physical education work is far from being universally recognized. College physical course consists of theoretical physical education class and sports practical classes composed of only two courses in order to achieve common development goals college physical education. At present, although the theory of physical education teaching experts made a number of proposals for reform, but did not form a complete teaching system, which leads to the problem of teaching the theory of college sports programs still cannot get solved. We studied sports teaching evaluation system, describes the theoretical basis for building efficient sports teaching appraisal system, and analyzes the constituent elements of the evaluation system.

The Understanding and Development of“Curriculum Gamification”and“Curriculum-Based Game”Concepts in Chinese Kindergartens

Games are one of the basic activities in kindergartens,so what do“Curriculum gamification”and“Curriculum based Game”mean?Could kindergarten games become the curriculum?Combined with the history of curriculum development in China,Piaget’s play-stage theory and Vygotsky’s scaffold teaching theory,this paper discusses the differences in the understanding of the concept of“the transformation of curriculum and games”.Using representative cases in Jiangsu and Zhejiang provinces as examples,and through the analysis of the reform process of“Curriculum Gamification”and“Curriculum-based Game”in the Early Childhood Education(ECE)field,it was found that further exploration both in concept and practice is required to achieve high quality kindergarten education.

An Overview of Big Data Industry in China

The year of 2011 is considered the first year of big data market in China.Compared with the global scale,China's big data growth will be faster than the global average growth rate,and China will usher in the rapid expansion of big data market in the next few years.This paper presents the overall big data development in China in terms of market scale and development stages,enterprise development in the industry chain,the technology standards,and industrial applications.The paper points out the issues and challenges facing big data development in China and proposes to make polices and create support approaches for big data transactions and personal privacy protection.

Response surface modeling-based source contribution analysis and VOC emission control policy assessment in a typical ozone-polluted urban Shunde,China

To develop a sound ozone（O_3） pollution control strategy,it is important to well understand and characterize the source contribution due to the complex chemical and physical formation processes of O_3.Using the ＂Shunde＂ city as a pilot summer case study,we apply an innovative response surface modeling（RSM） methodology based on the Community Multi-Scale Air Quality（CMAQ） modeling simulations to identify the O_3 regime and provide dynamic analysis of the precursor contributions to effectively assess the O_3 impacts of volatile organic compound（VOC） control strategy.Our results show that Shunde is a typical VOC-limited urban O_3 polluted city.The ＂Jiangmen＂ city,as the main upper wind area during July 2014,its VOCs and nitrogen oxides（NO_x） emissions make up the largest contribution（9.06%）.On the contrary,the contribution from local（Shunde） emission is lowest（6.35%） among the seven neighbor regions.The local VOCs industrial source emission has the largest contribution comparing to other precursor emission sectors in Shunde.The results of dynamic source contribution analysis further show that the local NO_x control could slightly increase the ground O_3 under low（10.00%） and medium（40.00%）reduction ratios,while it could start to turn positive to decrease ground O_3 under the high NO_x abatement ratio（75.00%）.The real-time assessment of O_3 impacts from VOCs control strategies in Pearl River Delta（PRD） shows that the joint regional VOCs emission control policy will effectively reduce the ground O_3 concentration in Shunde.

Analysis of China's Overheated Economyand Macroeconomic Policy Options

Based on macroeconomic analysis since 2003, this article holds that a trend towardsoverheating has surfaced in Chinas economy. Chinas rapid economic expansion hasaffected the quality of its growth, with rising material and energy consumption and imbalancedeconomic structure as the main manifestations. Regarding macroeconomic policy options in2004, decision-makers should shift the policy focus from control of deflation to preventionof inflation; the pace of economic growth should be properly set; a balance betweenconsumption and investment should be strengthened by controlling excessive expansion ofinvestment, and industrial restructuring should be conducted in a coordinated manner onthe basis of properly controlling the overly rapid industrial growth; policies should becontinued to boost exports and sustainable growth of foreign investment; and more effortsshould be made to accelerate the change in the mode of economic growth.