At present,the legal remedies in terms of the right to equal employment in China are mainly related to private law,that is,laborers seek direct legal remedies for personality rights liability and infringement liabilit...At present,the legal remedies in terms of the right to equal employment in China are mainly related to private law,that is,laborers seek direct legal remedies for personality rights liability and infringement liability according to typical private law,supplemented by indirect remedies for labor contract liability under special private law.However,there are many challenges in private law remedies for the right to equal employment,which are manifested in the misunderstanding of the general tort identification of employment discrimination,the loopholes in the regulations on discriminatory employment,the imbalance in the burden of proof,and the limitation and alienation of the functions of civil liability and private law autonomy.The root of those problems lies in the fact that the nature of anti-employment discrimination law is not private law but social law.Equal employment involves both public and private interests,and it should be based on the public interest of society and adhere to the value orientation of prioritizing fairness while taking into account efficiency.Improving the legal relief mechanism for protecting the right to equal employment,with a focus on correcting private law with social law,is the solution to the dilemma.Specific measures include establishing the special tort liability system for equal employment,the legal mechanism against discriminatory labor contracts,the public-private integrated legal responsibility system,and an essentially fair system for the responsibility of adducing evidence.展开更多
In the communication field, during transmission, a source signal undergoes a convolutive distortion between its symbols and the channel impulse response. This distortion is referred to as Intersymbol Interference (ISI...In the communication field, during transmission, a source signal undergoes a convolutive distortion between its symbols and the channel impulse response. This distortion is referred to as Intersymbol Interference (ISI) and can be reduced significantly by applying a blind adaptive deconvolution process (blind adaptive equalizer) on the distorted received symbols. But, since the entire blind deconvolution process is carried out with no training symbols and the channel’s coefficients are obviously unknown to the receiver, no actual indication can be given (via the mean square error (MSE) or ISI expression) during the deconvolution process whether the blind adaptive equalizer succeeded to remove the heavy ISI from the transmitted symbols or not. Up to now, the output of a convolution and deconvolution process was mainly investigated from the ISI point of view. In this paper, the output of a convolution and deconvolution process is inspected from the leading digit point of view. Simulation results indicate that for the 4PAM (Pulse Amplitude Modulation) and 16QAM (Quadrature Amplitude Modulation) input case, the number “1” is the leading digit at the output of a convolution and deconvolution process respectively as long as heavy ISI exists. However, this leading digit does not follow exactly Benford’s Law but follows approximately the leading digit (digit 1) of a Gaussian process for independent identically distributed input symbols and a channel with many coefficients.展开更多
Firstly,conception of farmers' equal material assistance rights is introduced from the aspects of equal rights,material assistance rights,and farmers' equal material assistance rights.Value function of farmers...Firstly,conception of farmers' equal material assistance rights is introduced from the aspects of equal rights,material assistance rights,and farmers' equal material assistance rights.Value function of farmers' equal material assistance rights is pointed out,which can eliminate the partial policies with urban priority orientation.It is a necessary condition for maintaining the legal and institutional authority,as well as an inevitable choice to realize the social justice and harmony.Current status of the law absence of farmers' equal material assistance rights in China is introduced,which is reflected in the lack of theoretical research on farmers' equal material assistance rights in the law circle,the lack of procedural legal system of farmers' equal material assistance rights at present,and the lack of actual law effectiveness of farmers' equal material assistance rights at present.System construction is a turning point to change the law absence of farmers' material assistance rights.Government should promote the economic development,provide material bases for the system construction of farmers' material assistance rights,enhance the legal consciousness of farmers,cultivate the ability of farmers to participate in equal material assistance rights,strengthen the procedural legislation and judicial justice,and ensure the farmers' material assistance rights.展开更多
Atier more than a quarter-century of market-oriented economic policies and unprecedented economic growths, China on March 15, 2007enacted its first law that provides equal legal safeguards to both public and private p...Atier more than a quarter-century of market-oriented economic policies and unprecedented economic growths, China on March 15, 2007enacted its first law that provides equal legal safeguards to both public and private properties. The 247-article People＇s Republic of China Property Law, which is due to come into effect as of October 1, 2007, stipulates that ＂the property of the State, the collecfive, the individual and other obligees shall be protected by law, and no units or individuals may infringe upon it＂.展开更多
In 2000, the interpretation of the specific application of law on the trial of traffic accident criminal cases was issued by the Supreme People＇ s court. The second article and the fourth article in the judicial inte...In 2000, the interpretation of the specific application of law on the trial of traffic accident criminal cases was issued by the Supreme People＇ s court. The second article and the fourth article in the judicial interpretation take the ＂no ability of the amount of compensation＂ as conviction and aggravated punishment standard after the traffic accident, causing the academic community fierce controversy. This article briefly states the publishing background, applicable conditions, defects and its positive significance of the two provisions. This paper nresents the immature modification suggestions for the two nrovisions.展开更多
基金the research result of the Scientific Research Fund Project(supported by the Special Funds for Basic Scientific Research for Central Universities)of Renmin University of China,“Research on Solving the Dilemma of Private Law Relief for the Right to Equal Employment in Social Law”(Project Approval No.21XNH019)。
文摘At present,the legal remedies in terms of the right to equal employment in China are mainly related to private law,that is,laborers seek direct legal remedies for personality rights liability and infringement liability according to typical private law,supplemented by indirect remedies for labor contract liability under special private law.However,there are many challenges in private law remedies for the right to equal employment,which are manifested in the misunderstanding of the general tort identification of employment discrimination,the loopholes in the regulations on discriminatory employment,the imbalance in the burden of proof,and the limitation and alienation of the functions of civil liability and private law autonomy.The root of those problems lies in the fact that the nature of anti-employment discrimination law is not private law but social law.Equal employment involves both public and private interests,and it should be based on the public interest of society and adhere to the value orientation of prioritizing fairness while taking into account efficiency.Improving the legal relief mechanism for protecting the right to equal employment,with a focus on correcting private law with social law,is the solution to the dilemma.Specific measures include establishing the special tort liability system for equal employment,the legal mechanism against discriminatory labor contracts,the public-private integrated legal responsibility system,and an essentially fair system for the responsibility of adducing evidence.
文摘In the communication field, during transmission, a source signal undergoes a convolutive distortion between its symbols and the channel impulse response. This distortion is referred to as Intersymbol Interference (ISI) and can be reduced significantly by applying a blind adaptive deconvolution process (blind adaptive equalizer) on the distorted received symbols. But, since the entire blind deconvolution process is carried out with no training symbols and the channel’s coefficients are obviously unknown to the receiver, no actual indication can be given (via the mean square error (MSE) or ISI expression) during the deconvolution process whether the blind adaptive equalizer succeeded to remove the heavy ISI from the transmitted symbols or not. Up to now, the output of a convolution and deconvolution process was mainly investigated from the ISI point of view. In this paper, the output of a convolution and deconvolution process is inspected from the leading digit point of view. Simulation results indicate that for the 4PAM (Pulse Amplitude Modulation) and 16QAM (Quadrature Amplitude Modulation) input case, the number “1” is the leading digit at the output of a convolution and deconvolution process respectively as long as heavy ISI exists. However, this leading digit does not follow exactly Benford’s Law but follows approximately the leading digit (digit 1) of a Gaussian process for independent identically distributed input symbols and a channel with many coefficients.
文摘Firstly,conception of farmers' equal material assistance rights is introduced from the aspects of equal rights,material assistance rights,and farmers' equal material assistance rights.Value function of farmers' equal material assistance rights is pointed out,which can eliminate the partial policies with urban priority orientation.It is a necessary condition for maintaining the legal and institutional authority,as well as an inevitable choice to realize the social justice and harmony.Current status of the law absence of farmers' equal material assistance rights in China is introduced,which is reflected in the lack of theoretical research on farmers' equal material assistance rights in the law circle,the lack of procedural legal system of farmers' equal material assistance rights at present,and the lack of actual law effectiveness of farmers' equal material assistance rights at present.System construction is a turning point to change the law absence of farmers' material assistance rights.Government should promote the economic development,provide material bases for the system construction of farmers' material assistance rights,enhance the legal consciousness of farmers,cultivate the ability of farmers to participate in equal material assistance rights,strengthen the procedural legislation and judicial justice,and ensure the farmers' material assistance rights.
文摘Atier more than a quarter-century of market-oriented economic policies and unprecedented economic growths, China on March 15, 2007enacted its first law that provides equal legal safeguards to both public and private properties. The 247-article People＇s Republic of China Property Law, which is due to come into effect as of October 1, 2007, stipulates that ＂the property of the State, the collecfive, the individual and other obligees shall be protected by law, and no units or individuals may infringe upon it＂.
文摘In 2000, the interpretation of the specific application of law on the trial of traffic accident criminal cases was issued by the Supreme People＇ s court. The second article and the fourth article in the judicial interpretation take the ＂no ability of the amount of compensation＂ as conviction and aggravated punishment standard after the traffic accident, causing the academic community fierce controversy. This article briefly states the publishing background, applicable conditions, defects and its positive significance of the two provisions. This paper nresents the immature modification suggestions for the two nrovisions.
