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Evolutionary analysis of green credit and automobile enterprises under the mechanism of dynamic reward and punishment based on government regulation
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作者 Yu Dong Xiaoyu Huang +1 位作者 Hongan Gan Xuyang Liu 《中国科学技术大学学报》 CAS CSCD 北大核心 2024年第5期49-62,I0007,共15页
To explore the green development of automobile enterprises and promote the achievement of the“dual carbon”target,based on the bounded rationality assumptions,this study constructed a tripartite evolutionary game mod... To explore the green development of automobile enterprises and promote the achievement of the“dual carbon”target,based on the bounded rationality assumptions,this study constructed a tripartite evolutionary game model of gov-ernment,commercial banks,and automobile enterprises;introduced a dynamic reward and punishment mechanism;and analyzed the development process of the three parties’strategic behavior under the static and dynamic reward and punish-ment mechanism.Vensim PLE was used for numerical simulation analysis.Our results indicate that the system could not reach a stable state under the static reward and punishment mechanism.A dynamic reward and punishment mechanism can effectively improve the system stability and better fit real situations.Under the dynamic reward and punishment mechan-ism,an increase in the initial probabilities of the three parties can promote the system stability,and the government can im-plement effective supervision by adjusting the upper limit of the reward and punishment intensity.Finally,the implementa-tion of green credit by commercial banks plays a significant role in promoting the green development of automobile enter-prises. 展开更多
关键词 automobile enterprises green credit system dynamics reward and punishment mechanism
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Combined Optimal Dispatch of Thermal Power Generators and Energy Storage Considering Thermal Power Deep Peak Clipping and Wind Energy Emission Grading Punishment
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作者 Junhui Li Xuanzhong Luo +2 位作者 Changxing Ge Cuiping Li Changrong Wang 《Energy Engineering》 EI 2024年第4期869-893,共25页
Peak load and wind energy emission pressure rise more as wind energy penetration keeps growing,which affects the stabilization of the PS(power system).This paper suggests integrated optimal dispatching of thermal powe... Peak load and wind energy emission pressure rise more as wind energy penetration keeps growing,which affects the stabilization of the PS(power system).This paper suggests integrated optimal dispatching of thermal power generators and BESS(battery energy storage system)taking wind energy emission grading punishment and deep peak clipping into consideration.Firstly,in order to minimize wind abandonment,a hierarchical wind abandonment penalty strategy based on fuzzy control is designed and introduced,and the optimal grid-connected power of wind energy is determined as a result of minimizing the peak cutting cost of the system.Secondly,considering BESS and thermal power,the management approach of BESS-assisted virtual peak clipping of thermal power generators is aimed at reducing the degree of deep peak clipping of thermal power generators and optimizing the output of thermal power generators and the charging and discharging power of BESS.Finally,Give an example of how this strategy has been effective in reducing abandonment rates by 0.66% and 7.46% individually for different wind penetration programs,and the daily average can reduce the peak clipping power output of thermal power generators by 42.97 and 72.31 MWh and enhances the effect and economy of system peak clipping. 展开更多
关键词 BESS wind energy deep peak clipping virtual peak clipping wind energy emission grading punishment
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Analysis on the Significance of Ancient Chinese Corporal Punishment Reform to the Progress of the Penalty System
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作者 Junjie LIU Mengshu XU Lan FENG 《International Journal of Technology Management》 2013年第5期95-97,共3页
Since the "five -punishment" system was established from the period of the slavery society of the Western Zhou Dynasty, corporal punishment has been always in existence as a tool used by the rulers to punish people ... Since the "five -punishment" system was established from the period of the slavery society of the Western Zhou Dynasty, corporal punishment has been always in existence as a tool used by the rulers to punish people in ancient China. Although corporal punishment was abolished in the punishment sentencing reform of Emperor Wen of Han, it was further developed and improved in the penalty system of the Sui and Tang dynasties. However, it was restored in the Song, Liao, Yuan, Ming, and Qing Dynasties, etc. From the studies of the corporal punishment change, the reform law of the penal system in ancient China can be found, and also the significance of ancient Chinese corporal punishment reform to the progress of criminal penalty can be sought. Meanwhile, it is of vital significance to knowing well the development of China's legal history and improving the current penal system. 展开更多
关键词 Corporal punishment Criminal Penalty Five punishments REFORM
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Mathematical Neurolaw of Crime and Punishment: The <i>q</i>-Exponential Punishment Function
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作者 Taku Yokoyama Taiki Takahashi 《Applied Mathematics》 2013年第10期1371-1375,共5页
Whether people tend to punish criminals in a socially-optimal manner (i.e., hyperbolic punishment) or not is unknown. By adopting mathematical models of probabilistic punishment behavior (i.e., exponential, hyperbolic... Whether people tend to punish criminals in a socially-optimal manner (i.e., hyperbolic punishment) or not is unknown. By adopting mathematical models of probabilistic punishment behavior (i.e., exponential, hyperbolic, and q-exponential probability discounting model based on Tsallis thermodynamics and neuroeconomics, Takahashi, 2007, Physica A;Takahashi et al., 2012, Applied Mathematics), we examined 1) fitness of the models to behavioral data of uncertain punishment, and 2) deviation from the socially optimal hyperbolic punishment function. Our results demonstrated that, the q-exponential punishment function best fits the behavioral data, and people overweigh the severity of punishment at small punishing probabilities and underweigh the severity of punishment at large punishing probabilities. In other words, people tend to punish crimes too severely and mildly with high and low arrest rate (e.g., homicide vs. excess of speed limit), respectively. Implications for neuroeconomics and neurolaw of crime and punishment (Takahashi, 2012, NeuroEndocrinology Letters) are discussed. 展开更多
关键词 Neurolaw NEUROECONOMICS ECONOPHYSICS Tsallis’ Statistics Hyperbolic punishment Function
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Corporal Punishment of Minors in the Muslim Family in Israel
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作者 Emad Gith 《Journal of Health Science》 2014年第11期553-559,共7页
Corporal punishment was always considered a valid disciplinary measure in Muslim Arab culture to be used as deemed necessary to shape a minor's behavior. Applying physical force against children as punishment for unw... Corporal punishment was always considered a valid disciplinary measure in Muslim Arab culture to be used as deemed necessary to shape a minor's behavior. Applying physical force against children as punishment for unwanted behavior has become a normative part of parents' routine interaction with their children, despite the fact that it is forbidden by Israeli law. Psychologists that work with the Muslim Arab population find it difficult to convince parent of the difficulties and conflicts that they create by enforcing corporal punishment on their children. Parents tend to reject professional advice because it is viewed as conflicting with their cultural mentality and traditions and ignore the vast research that proves the ineffectiveness of this type of discipline and the complications that it may lead to. What's more, Sharia law, the religious Muslim legal code that governs the lives of Muslim Arabs in Israel, advocates and even encourages corporal punishment. Legislation and further professional intervention is necessary to change this harmful practice and to protect Muslim Arab children. 展开更多
关键词 Sharia Law corporal punishment DISCIPLINE violence children MUSLIM Israeli legislation.
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The Rationale for Victims' Cooperation in Cases of Pleading Guilty and Accepting Punishment from the Perspective of Protecting the Right of Action
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作者 赵恒 JIANG Yu(译) 《The Journal of Human Rights》 2021年第3期473-495,共23页
In the context of the more frequent application of the leniency system for pleading guilty and accepting punishment,the connotations of the rules on victim involvement should be enriched in the 2018 Criminal Procedure... In the context of the more frequent application of the leniency system for pleading guilty and accepting punishment,the connotations of the rules on victim involvement should be enriched in the 2018 Criminal Procedure Law.Victims deeply influenced by the concept of cooperative justice will also have an intention to cooperate,thus resulting in a rationale for victims’cooperation.Victims’cooperation features a subjectivity of interactivity,understanding,and constraint.This kind of cooperation faces the accused,the procuratorial organ,and the court.The jurisprudential function of the rationale for cooperation of victims is embodied in such aspects as recognizing the victims as eligible subjects,enhancing the legal force of the recognizance in a case of pleading guilty and accepting punishment,and consolidating the legitimate basis for victim to obtain legal assistance.Oriented to protecting right of action of the victim,understanding and developing the rationale for the cooperation of the victim can start by reaching a judicial consensus on the"two limits"principle,optimizing the right of action system for victims,achieving the interconnection of multi-level litigation systems,and improving the rules on lenient punishment to enrich the plan for protecting victims’right of action in cases of pleading guilty and accepting punishment. 展开更多
关键词 VICTIMS right of action leniency system for pleading guilty and accepting punishment concept of cooperative justice
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Discussion on the abolishment and recovery of corporal punishment in Xingfa Zhi of JinShu
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作者 WEN Xiao 《科技信息》 2010年第15期214-214,共1页
Xingfa Zhi of JinShu recorded the field of ancient Chinese law live debate on major issues in detail,providing a vivid example in understanding the development of ancient Chinese law.These issues included the abolitio... Xingfa Zhi of JinShu recorded the field of ancient Chinese law live debate on major issues in detail,providing a vivid example in understanding the development of ancient Chinese law.These issues included the abolition of revenge,the Amnesty Penalty,the stability of law,the evolution of law,and the Abolishment and recovery of the corporal punishment.This article is only discussed on the related issues of the Abolishment and recovery of the corporal punishment. 展开更多
关键词 中国 法律 司法工作 演化规律 历史
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Evolutionary dynamics of tax-based strong altruistic reward andpunishment in a public goods game
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作者 Zhi-Hao Yang Yan-Long Yang 《Chinese Physics B》 SCIE EI CAS CSCD 2024年第9期247-257,共11页
In public goods games, punishments and rewards have been shown to be effective mechanisms for maintaining individualcooperation. However, punishments and rewards are costly to incentivize cooperation. Therefore, the g... In public goods games, punishments and rewards have been shown to be effective mechanisms for maintaining individualcooperation. However, punishments and rewards are costly to incentivize cooperation. Therefore, the generation ofcostly penalties and rewards has been a complex problem in promoting the development of cooperation. In real society,specialized institutions exist to punish evil people or reward good people by collecting taxes. We propose a strong altruisticpunishment or reward strategy in the public goods game through this phenomenon. Through theoretical analysis and numericalcalculation, we can get that tax-based strong altruistic punishment (reward) has more evolutionary advantages thantraditional strong altruistic punishment (reward) in maintaining cooperation and tax-based strong altruistic reward leads toa higher level of cooperation than tax-based strong altruistic punishment. 展开更多
关键词 evolutionary game theory strong altruism punishment REWARD
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The Determination of Excessive Defense by Judicial Practice and Its Rethinking——Based on an Analysis of 722 Criminal Judgments
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作者 Yin Ziwen Fei Yang(译) 《Contemporary Social Sciences》 2019年第1期38-64,共27页
Concerning the determination of excessive defense,the main problems are the judicial practice of determining excessive defense only based on the resul of harm inflicted on a perpetrator;identifying excessive harm gene... Concerning the determination of excessive defense,the main problems are the judicial practice of determining excessive defense only based on the resul of harm inflicted on a perpetrator;identifying excessive harm generally as an intentional crime;limiting the scope of exemption from punishmen of excessive defense relatively narrowly as well as repeated appraisals and indirect punishments.For the improvement of judicial determination of excessive defense,the following efforts should be made.First,from the perspective of ex ante,determining the necessary limits as the standard of whether the act of defense was necessary to stop unlawful infringement Second,paying due attention to the influence of the awareness of defense on the form of culpability and in general circumstances determining excessive defense as a negligent crime.Third,giving sufficient consideration of the extent to which the possibility of anticipation decreased when the defender was faced with unlawful infringement and expanding the scope of exemption from punishment for excessive defense.Fourth,avoiding repeated appraisals and indirect punishments by analyzing the factual grounds and essentia foundations of the circumstances of lesser or greater punishments. 展开更多
关键词 EXCESSIVE DEFENSE DETERMINATION by JUDICIAL practice necessary limits awareness of DEFENSE deductions and EXEMPTIONS from punishment
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Behaviours of Multi-Stakeholders under China’s Renewable Portfolio Standards:A Game Theory-Based Analysis
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作者 Bing Wang Kailei Deng +1 位作者 Liting He Zhenming Sun 《Energy Engineering》 EI 2021年第5期1333-1351,共19页
China has implemented both quantitative and policy incentives for renewable energy development since 2019 and is currently in the policy transition stage.The implementation of renewable portfolio standards(RPSs)is dif... China has implemented both quantitative and policy incentives for renewable energy development since 2019 and is currently in the policy transition stage.The implementation of renewable portfolio standards(RPSs)is difficult due to the interests of multiple stakeholders,including power generation enterprises,power grid companies,power users,local governments,and the central government.Based on China’s RPS policy and power system reform documents,this research sorted out the core game decision problems of China’s renewable energy industry and established a conceptual game decision model of the renewable energy industry from the perspective of local governments,power generation enterprises and power grid companies.The results reveal that for local governments,the probability of meeting the earnings quota or punishments for not reaching quota completion are the major determinants for active participation in quota supervision.For power grid firms,the willingness to accept renewable electricity quotas depends on the additional cost of receiving renewable electricity and governmental incentives.It is reasonable,from the theoretical perspective,to implement the RPS policy on the power generation side.Electricity reform will help clarify the electricity price system and increase the transparency of the quota implementation process.Policy implications are suggested to achieve sustainable development of the renewable energy industry from price incentives and quantity delivery. 展开更多
关键词 Renewable portfolio standards power systems reform game theory stakeholder engagement reward and punishment mechanism
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Interpretation of Mr.Doran's Subjection in"The Boarding House"in Foucault's Critical Theories
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作者 白婷 《海外英语》 2020年第6期241-242,共2页
"The Boarding House"is a short story written by James Joyce. The protagonist Mr. Doran is trapped and subjected to the marriage with the heroine Polly under the power of various forces. His subjection is a r... "The Boarding House"is a short story written by James Joyce. The protagonist Mr. Doran is trapped and subjected to the marriage with the heroine Polly under the power of various forces. His subjection is a result of the well-designed trap of the family, the pressure of social convention and his self-subjection. This paper analyzes how those three forces supervise him and force him to subject, using Michel Foucault'panopticism and discipline and punishment, and reflecting men's spiritual paralysis under the manipulation of power. 展开更多
关键词 trap social CONVENTION self-subjection panopticism DISCIPLINE and punishment
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On the Criminal Responsibility of Buying Abducted Women or Children: The Human Dignity Perspective
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作者 张勇 CHANG Guohua(译) 《The Journal of Human Rights》 2022年第5期934-959,共26页
Buying and selling abducted women or children are symmetrical crimes, but the “the same punishment for the same crime” is not applied. The focus of the criminal punishment for buying abducted women or children is no... Buying and selling abducted women or children are symmetrical crimes, but the “the same punishment for the same crime” is not applied. The focus of the criminal punishment for buying abducted women or children is not about increasing the statutory sentence, but strengthening judicial and law enforcement, to increase the prosecution rate and impose combined punishment for several crimes including the buying of abducted women or children and other subsequent crimes, so as to demonstrate the inevitability of criminal punishment. Human dignity is the core legal interest violated by the crime of buying abducted women or children. The specific legal interest is that humans are not for sale, which should be valued and protected independently in criminal law. This crime is a type of behavioral offense rather than a crime of circumstances. Under normal circumstances,neither the consent of the victim nor the goodwill of the purchaser excludes conviction of the crime. Compared with the crime of abducting and trafficking women or children, buying abducted women or children is not necessarily a serious crime, and the basic statutory punishment of less than three years is reasonable. However, it is possible to appropriately raise the sentence to less than five years in legislation.Where subsequent behaviors do not constitute a crime, they can be used as aggravating circumstances for the crime, and an aggravated statutory sentence can be configured to connect with the statutory punishments for the crime of abducting and trafficking women or children. 展开更多
关键词 same punishment for same crime buying abducted women or children human dignity statutory sentence
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Power,punishment,patriarchy in Shakespeare’s Othello
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作者 王湘锦 《海外英语》 2012年第20期209-210,共2页
An informal survey revealed that graduate students presented with Shakespeare's works felt academically unfit and powerless.These student-teacher-text power relationships parallel the power relationships between t... An informal survey revealed that graduate students presented with Shakespeare's works felt academically unfit and powerless.These student-teacher-text power relationships parallel the power relationships between the dominant patriarchy and female characters in'Othello'-Desdemona,Emilia,and Bianca.Both main characters contribute to the creation of the new or der.The writer wants to look briefly at a Shakespearean couple outside Othello as an attempt at alternative model for distributing power. 展开更多
关键词 OtheLLO POWER punishment PATRIARCHY
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Maintenance of cooperation induced by punishment in public goods games 被引量:3
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作者 Wang Zhen Xu Zhao-Jin +1 位作者 Huang Jian-Hua Zhang Lian-Zhong 《Chinese Physics B》 SCIE EI CAS CSCD 2010年第10期20-24,共5页
In this paper, we study the public goods games with punishment by adopting the well-known approximate best response dynamics. It shows that the evolution of cooperation is affected by two aspects when other parameters... In this paper, we study the public goods games with punishment by adopting the well-known approximate best response dynamics. It shows that the evolution of cooperation is affected by two aspects when other parameters are fixed. One is the punishment mechanism which can avoid the dilemma of lacking investment, and the other is the degree of rationality. Theoretical analysis and numerical results indicate that the existence of punishment mechanism and distribution of rationality are the keys to the enhancement of cooperation level. We also testify that they can heavily influence the payoffs of system as well. The findings in this paper may provide a deeper understanding of some social dilemmas. 展开更多
关键词 public goods games punishment degree of rationality EVOLUTION
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Role of Reward and Punishment in Education
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作者 Li Wei (Zunyi Teachers ’ college English Department) 《遵义师范高等专科学校学报》 1999年第2期55-57,共3页
This essay aims at illustrate the important role, of reward and punishment in education from a psychological viewpoint. According to Stimulus and Response theory, reward and punishment are now commonly used by teacher... This essay aims at illustrate the important role, of reward and punishment in education from a psychological viewpoint. According to Stimulus and Response theory, reward and punishment are now commonly used by teachers to encourage both congnitive activities and appropriate behaviour in classroom . Either of them can be used to encourage or supervise the students in learning, and rewarding is fawoured. However reward mechanism must be used properly and under control. It should 't be overused. Also, there is a place for punishment in education because errors need to be pointed out and antisocial behaviour should be corrected. It can be applied only when the intensity, duration and timing are carefully considered. In a word , reward system . is undoubtedly to have positive effect while punishment is proved to cause unpredictable result. Those specific informations are mentioned in the essay that follows. 展开更多
关键词 REWARD punishment STIMULUS and Response theory COGNITIVE ACTIVITIES APPROPRIATE behaviour
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Muted Message: Capital Punishment in the Hollywood Cinema
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作者 David Ray Papke 《Journalism and Mass Communication》 2012年第10期1019-1027,共9页
Contemporary Hollywood films seem at first glance to be opposed to capital punishment. However, this article's consideration of five surprisingly similar films (Dead Man Walking, The Chamber, Last Dance, True Crime,... Contemporary Hollywood films seem at first glance to be opposed to capital punishment. However, this article's consideration of five surprisingly similar films (Dead Man Walking, The Chamber, Last Dance, True Crime, and The Life of David Gale) finds that they do not truly and consistently condemn capital punishment. Instead of suggesting that the practice of capital punishment is fundamentally immoral and should in general be ended, the films champion only worthy individuals on death row and delight primarily in the personal growth of other characters who attempt to aid the condemned. In the end, Hollywood offers only a muted message regarding the on-going use of capital punishment. 展开更多
关键词 capital punishment death penalty death row film Hollywood cinema
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Understanding the deterrence effect of punishment for marine information security policies non-compliance
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作者 Xiaolong Wang Changlin Wang +1 位作者 Tianyu Yi Wenli Li 《Journal of Ocean Engineering and Science》 SCIE 2024年第1期9-12,共4页
In the organizational setting of marine engineering,a significant number of information security incidents have been arised from the employees’failure to comply with the information security policies(ISPs).This may b... In the organizational setting of marine engineering,a significant number of information security incidents have been arised from the employees’failure to comply with the information security policies(ISPs).This may be treated as a principal-agent problem with moral hazard between the employer and the employee for the practical compliance effort of an employee is not observable without high cost-.On the other hand,according to the deterrence theory,the employer and the employee are inherently self-interested beings.It is worth examining to what extent the employee is self-interested in the marine ISPs compliance context.Moreover,it is important to clarify the proper degree of severity of punishment in terms of the deterrent effect.In this study,a marine ISPs compliance game model has been proposed to evaluate the deterrence effect of punishment on the non-compliance behavior of employee individuals.It is found that in a non-punishment contract,the employee will decline to comply with the marine ISPs;but in a punishment contract,appropriate punishment will lead her to select the marine ISPs compliance effort level expected by the employer,and cause no potential backfire effect. 展开更多
关键词 Deterrence mechanism Marine engineering Information security policies Non-compliance behavior Principal-agent model with moral hazard punishment
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Application of Noise Reduction Method Based on Birgé-Massart Threshold 被引量:1
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作者 Xu Xiaoli Jiang Zhanglei +1 位作者 Zuo Yunbo Wu Guoxin 《仪器仪表学报》 EI CAS CSCD 北大核心 2013年第S1期134-137,共4页
Flue gas generator set is a kind of large high-speed rotating machinery in petrochemical industry.This research focuses on noise reduction algorithms basis ontheBirgé-Massartthreshold.Obtained the threshold throu... Flue gas generator set is a kind of large high-speed rotating machinery in petrochemical industry.This research focuses on noise reduction algorithms basis ontheBirgé-Massartthreshold.Obtained the threshold through Penalization Strategy Provided by Birgé-Massart;constructed different modulus maximum vertex neighborhood on different wavelet transform decomposition scales to influence the search process of modulus maximum point;obtained the appropriate modulus maximum points sequence on various wavelet decomposition scales;highlighted state feature information;finally usedMallat staggered projection to reconstruct signals.In order to validate the effectiveness of the algorithm,it was compared with four kinds of threshold noise suppression methods namely Rigrsure,Sqtwolog,Heursure,Minimaxi.The results show that this algorithm has a better signal to noise ratio and mean-square error. 展开更多
关键词 FEATURE EXTRACTION MODULUS MAXIMUM punishment strategies
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Effects of Probability of Revelation of Defection and Penalty to Defection on Cooperative Behavior in 2-Person Prisoner's Dilemma Game 被引量:3
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作者 Atsuo Murata Takuma Kanagawa Naoki Hata 《Computer Technology and Application》 2012年第11期749-755,共7页
In our society, it is a major issue to enhance cooperative behaviors. Without this, our society fall into social dilemma situations, and gets worse and worse. Such a situation in an organization leads to violation of ... In our society, it is a major issue to enhance cooperative behaviors. Without this, our society fall into social dilemma situations, and gets worse and worse. Such a situation in an organization leads to violation of social or organizational rules, and at the worst case it suffers from serious accidents or scandals. Therefore, it is important for organizational managers to make efforts and take measures to enhance cooperative behaviors. Although there seem to be many ways to constantly elicit cooperative behaviors, the punishment is one of the most effective measures for enhancing cooperation. This study focused on the effects of penalty and probability of the revelation of defection on the cooperation, and getting insight into how punishment strategy should be used to get rid of social dilemmas and enhance cooperation. This study conducted a simulation experiment to find the proper penal regulations condition that can suppress violations (defective behavior) in a 2-person prisoner's dilemma situation. The effects of probability of the revelation of defection and penalty to revelation on the cooperative behavior were identified with the interactive effect of both experimental factors. The defection (uncooperative behavior) decreased when the penalty to the defection was heavy and the probability of the revelation of defection was low than that when the penalty to the defection was light and the probability of the revelation of the defection was high. 展开更多
关键词 Prisoner's dilemma cooperation defect punishment model violation-based accident.
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Criminalization and the Improvement of the Punishment System 被引量:1
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作者 Shi Yan’an Shao Ya’nan 《Social Sciences in China》 2020年第4期63-84,共22页
China’s existing punishment system is rational in that it accords with realities and is based on historical continuity.Any adjustments should only be premised on maintaining its basic framework and upholding the spir... China’s existing punishment system is rational in that it accords with realities and is based on historical continuity.Any adjustments should only be premised on maintaining its basic framework and upholding the spirit of the rule of law while promoting equitable human rights protection and efficient social governance.That is,the administrative detention stipulated in such administrative laws as the Public Security Administrative Penalties Law should be abolished;the type of penalty in these laws should optimized;and at the same time all penalties aimed at depriving people of their liberty should be transferred to the Criminal Law.Whether deprivation of liberty is involved should be made the criterion for distinguishing the range of adjustments to the Criminal Law and those administrative laws that stipulate penalties.Therefore,judgments of the punishability(strafbarkeit)of criminal penalties should be made the main basis for adjusting the de jure boundaries of the scope of the Criminal Law.We should develop a rational and balanced criminalization path and a reasonable and just system of punishment. 展开更多
关键词 punishment system CRIMINALIZATION deprivation of liberty exclusionary criminal penalty
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