Jurisdiction的政治含义——基于西方中世纪政治史的考察

Jurisdiction不仅仅指司法权和管辖权,它首先指一般性的政治权力。中世纪早期的社会政治经济条件决定了司法权是政治权力的唯一存在方式。多元政治共同体、政治权力中心和法律体系并存的局面导致了"管辖权竞争"。在竞争过程中,不仅作为内部管理机制的管辖权逐步体系化,形成了等级化的司法体系,为现代民族国家的诞生奠定了基本的制度基础;更重要的是,作为外部权力界限的管辖权也逐步明确,形成了以王权为核心、王国为基本政治单位的"国际"政治法律格局。Jurisdiction的历史积淀充分反映了西方法治主义的诸多重要理念、制度基础和对现代民族国家诞生的重大影响。

Estimating shear strength of high-level pillars supported with cemented backfilling using the HoekeBrown strength criterion

Deep metal mines are often mined using the high-level pillars with subsequent cementation backfilling(HLSCB)mining method.At the design stage,it is therefore important to have a reasonable method for determining the shear strength of the high-level pillars(i.e.cohesion and internal friction angle)when they are supported by cemented backfilling.In this study,a formula was derived for the upper limit of the confining pressure σ3max on a high-level pillar supported by cemented backfilling in a deep metal mine.A new method of estimating the shear strength of such pillars was then proposed based on the Hoek eBrown failure criterion.Our analysis indicates that the horizontal stress σhh acting on the cemented backfill pillar can be simplified by expressing it as a constant value.A reasonable and effective value for σ3max can then be determined.The value of s3max predicted using the proposed method is generally less than 3 MPa.Within this range,the shear strength of the high-level pillar is accurately calculated using the equivalent MohreCoulomb theory.The proposed method can effectively avoid the calculation of inaccurate shear strength values for the high-level pillars when the original HoekeBrown criterion is used in the presence of large confining pressures,i.e.the situation in which the cohesion value is too large and the friction angle is too small can effectively be avoided.The proposed method is applied to a deep metal mine in China that is being excavated using the HLSCB method.The shear strength parameters of the high-level pillars obtained using the proposed method were input in the numerical simulations.The numerical results show that the recommended level heights and sizes of the high-level pillars and rooms in the mine are rational.

The Future Protection and Utilization of the Marine Biological Genetic Resources beyond the National Jurisdiction--Analysis based on TRIPS Agreement

Intellectual property system gives rise to international concern in the context of development and protection of the marine biological genetic resources beyond the national jurisdiction. The core argument is whether can be current international intellectual property system plays an active role for balancing the respective benefits to make sure resolve this special area issue. The Agreement On Trade-related Aspects of Intellectual Property Right （TRIPS Agreement） provides basic requirements to international intellectual property application. This paper is intended to examine the feasibility of TR1PS clauses in the above context and then some suggestions are put forth.

Research on the Path of Cultivating High-Level Technical and Skilled Talents in Vocational Undergraduate Colleges and Universities

This paper explores strategies to cultivate high-level technical talents in vocational undergraduate colleges by analyzing their development,the essence of such talents,and proposing several key measures.Strategies include optimizing professional settings and curricula,enhancing school-enterprise cooperation and the integration of industry-university-research,improving teaching staff quality and educational standards,and expanding international cooperation.The importance of policy support and funding and establishing robust quality assurance systems is emphasized for effectively cultivating skilled talents in vocational undergraduate colleges.

Analysis of Chinese Anti-Suit Injunctions in SEP Litigation

In this article,two cases of Standard Essential Patents,ruled by the Supreme People's Court of the People's Republic of China,are presented and analyzed.The first Chinese anti-suit injunction in SEP litigation appeared in the first case through the method of behavior preservation,and the second case illustrates a clear intent by the Chinese courts to compete for global royalty rate jurisdiction.With international concerns raised about these cases,it is proved that the anti-suit injunction cases in China do not show any abusive or illegal conduct.The worldwide anti-suit injunctions in China are granted legitimately with legal jurisdiction over the cases,sufficient legal grounds for behavior preservation with the nature of anti-suit injunctions,the necessity of granting worldwide injunctions,and suitable granting standards.Several pieces of advice are proposed for the future application of anti-suit injunctions,including improvements in the predictability of validity scope,consistency of implementation,and clarification of penalties.

美国公法域外适用机制及中国因应研究

公法域外适用衍生于国际体系的结构性演变,有着经济全球化下独特的政治、经济与意识形态背景。其在公法域外适用需求的显现、国家主权观念的转换、公法禁忌原则的突破以及法律形式的嬗变上,具备了一定的存在基础。但是近年来,囿于美国国际法理念的转变,其由原先对严格属地主义的固守转为对国家利益至上的推崇,因而在公法域外适用上愈发地恣意与专断,使公法域外适用存在严重的法律、外交和道德张力。为应对美国公法域外适用,中国须秉承防御与建设共进的思路。一方面,加强国际合作共同抗衡美国公法域外适用制度的滥用,同时健全中国的反制法律体系;另一方面,梳理总结美国多年来在公法域外适用过程中形成的丰富经验,在此基础上构建完善符合国际法基本原则的中国法域外适用制度。

The Beishan underground research laboratory for geological disposal of high-level radioactive waste in China:Planning, site selection,site characterization and in situ tests

With the rapid development of nuclear power in China, the disposal of high-level radioactive waste（HLW） has become an important issue for nuclear safety and environmental protection. Deep geological disposal is internationally accepted as a feasible and safe way to dispose of HLW, and underground research laboratories（URLs） play an important and multi-faceted role in the development of HLW repositories. This paper introduces the overall planning and the latest progress for China＇s URL. On the basis of the proposed strategy to build an area-specific URL in combination with a comprehensive evaluation of the site selection results obtained during the last 33 years, the Xinchang site in the Beishan area,located in Gansu Province of northwestern China, has been selected as the final site for China＇s first URL built in granite. In the process of characterizing the Xinchang URL site, a series of investigations,including borehole drilling,geological mapping, geophysical surveying,hydraulic testing and in situ stress measurements, has been conducted. The investigation results indicate that the geological,hydrogeological, engineering geological and geochemical conditions of the Xinchang site are very suitable for URL construction. Meanwhile, to validate and develop construction technologies for the Beishan URL, the Beishan exploration tunnel（BET）, which is a 50-m-deep facility in the Jiujing sub-area, has been constructed and several in situ tests, such as drill-and-blast tests, characterization of the excavation damaged zone（EDZ）, and long-term deformation monitoring of surrounding rocks, have been performed in the BET. The methodologies and technologies established in the BET will serve for URL construction.According to the achievements of the characterization of the URL site, a preliminary design of the URL with a maximum depth of 560 m is proposed and necessary in situ tests in the URL are planned.

High-level radioactive waste disposal in China: update 2010

For geological disposal of high-level radioactive waste （HLW）, the Chinese policy is that the spent nuclear fuel （SNF） should be reprocessed first, followed by vitrification and final disposal. The preliminary repository concept is a shaft-tunnel model, located in saturated zones in granite, while the final waste form for disposal is vitrified high-level radioactive waste. In 2006, the government published a long-term research and development （R＆D） plan for geological disposal of high-level radioactive waste. The program consists of three steps： （1） laboratory studies and site selection for a HLW repository （2006-2020）; （2） underground in-situ tests （2021-2040）; and （3） repository construction （2041-2050） followed by operation. With the support of China Atomic Energy Authority, comprehensive studies are underway and some progresses are made. The site characterization, including deep borehole drilling, has been performed at the most potential Beishan site in Gansu Province, Northwestern China. The data from geological and hydrogeological investigations, in-situ stress and permeability measurements of rock mass are presented in this paper. Engineered barrier studies are concentrated on the Gaomiaozi bentonite. A mock-up facility, which is used to study the thermo-hydro-mechano-chemical （THMC） properties of the bentonite, is under construction. Several projects on mechanical properties of Beishan granite are also underway. The key scientific challenges faced with HLW disposal are also discussed.

Migration of Some Elements and Radionuclides across aGranite-Granite Contact Zone: A Natural Analoguefor Safe Disposal of High-Level Radwastes

Abstract Elements and natural radionuclides in the contact zone of two granites with different ages would migrate from one to the other because of the difference in their chemical contents and later water-rock interactions. This migration could serve as an analogue for the near-field process of radwastes in a high-level radwaste deep geological disposal repository.

Three-dimensional numerical simulation of methane drainage by high-level drill holes in a lower protective coal seam with a “U” type face

Different drill-hole positions may produce different drainage results in low protective coal seams.To investigate this possibility,a 3D stope model is established,which covers three kinds of drill holes.The FLUENT computational fluid mechanics software is used to solve the mass,momentum and species conservation equations of the model.The spatial distributions of oxygen and methane was obtained by calculations and the drainage results of different drill-hole positions were compared.The results show that,from top to bottom,methane dilution by oxygen weakens gradually from the intake to the return side,and methane tends to float;methane and oxygen distribute horizontally.The high-level crossing holes contribute to better methane drainage and a greater level of control.Around these holes,the methane density decreases dramatically and a "half circle"distribution is formed.The methane density decreases on the whole,but a proportion of the methane moves back to deep into the goaf.The research findings provide theoretical grounds for methane drainage.

Controlling mine pressure by subjecting high-level hard rock strata to ground fracturing

When mining extra-thick coal seams,the main cause of strong ground pressure are the high-level thick and hard strata,but as yet there is no active and effective control technology.This paper proposes the method of subjecting hard roofs to ground fracturing,and physical simulation is used to study the control effect of ground fracturing on the strata structure and energy release.The results show that ground fracturing changes the structural characteristics of the strata and reduces the energy release intensity and the spatial extent of overburden movement,thereby exerting significant control on the ground pressure.The Datong mining area in China is selected as the engineering background.An engineering test was conducted on site by ground horizontal well fracturing,and a 20-m-thick hard rock layer located 110 m vertically above the coal seam was targeted as the fracturing layer.On-site microseismic monitoring shows that the crack propagation length is up to 216 m and the height is up to 50 m.On-site mine pressure monitoring shows that(1)the roadway deformation is reduced to 100 mm,(2)the periodic weighting characteristics of the hydraulic supports are not obvious,and(3)the ground pressure in the working face is controlled significantly,thereby showing that the ground fracturing is successful.Ground fracturing changed the breaking characteristics of the high-level hard strata,thereby helping to ameliorate the stress concentration in the stope and providing an effective control approach for hard rock.

High-level expression and purification of Plutella xylostella acetylcholinesterase in Pichia pastoris and its potential application

The acetylcholinesterase 2（AChE2）cloned from Plutella xylostella was first successfully expressed in methylotrophic yeast Pichia pastoris GS115.One transformant with high-level expression of the recombinant AChE（rAChE,23.2 U mL-1in supernatant）was selected by plating on increasing concentrations of antibiotic G418 and by using a simple and specific chromogenic reaction with indoxyl acetate as a substrate.The maximum production of r ACh E reached about 11.8 mg of the enzyme protein per liter of culture.The r ACh E was first precipitated with ammonium sulfate（50%saturation）and then purified with procainamide affinity column chromatography.The enzyme was purified 12.1-fold with a yield of 22.8%and a high specific activity of 448.3 U mg-1.It was sensitive to inhibition by methamidophos and pirimicarb,the calculated 50% inhibitory concentration（IC50）values of the two pesticides were 0.357 and 0.888 mg L-1,respectively,and the calculated 70% inhibitory concentration（IC70）values were 0.521 and 0.839 mg L-1,respectively.The results suggested that it has a potential application in the detection of pesticide residues.

High-level disinfection of gastrointestinal endoscope reprocessing

High level disinfection(HLD) of the gastrointestinal(GI)endoscope is not simply a slogan, but rather is a form of experimental monitoring-based medicine. By definition,GI endoscopy is a semicritical medical device. Hence,such medical devices require major quality assurance for disinfection. And because many of these items are temperature sensitive, low-temperature chemical methods, such as liquid chemical germicide, must be used rather than steam sterilization. In summarizing guidelines for infection prevention and control for GI endoscopy, there are three important steps that must be highlighted: manual washing, HLD with automated endoscope reprocessor, and drying. Strict adherence to current guidelines is required because compared to any other medical device, the GI endoscope is associated with more outbreaks linked to inadequate cleaning or disinfecting during HLD. Both experimental evaluation on the surveillance bacterial cultures and in-use clinical results have shown that, the monitoring of the stringent processes to prevent and control infection is an essential component of the broader strategy to ensure the delivery of safe endoscopy services, because endoscope reprocessing is a multistep procedure involving numerous factors that can interfere with its efficacy. Based on our years of experience in the surveillance of culture monitoring of endoscopic reprocessing, we aim in this study to carefully describe what details require attention in the GI endoscopy disinfection and to share our experience so that patients can be provided with high quality and safe medical practices. Quality management encompasses all aspects of pre- and postprocedural care including the efficiency of the endoscopy unit and reprocessing area, as well as the endoscopic procedure itself.

Main outcomes from in situ thermo-hydro-mechanical experiments programme to demonstrate feasibility of radioactive high-level waste disposal in the Callovo-Oxfordian claystone

In the context of radioactive waste disposal,an underground research laboratory(URL)is a facility in which experiments are conducted to demonstrate the feasibility of constructing and operating a radioactive waste disposal facility within a geological formation.The Meuse/Haute-Marne URL is a sitespecific facility planned to study the feasibility of a radioactive waste disposal in the Callovo-Oxfordian(COx)claystone.The thermo-hydro-mechanical(THM)behaviour of the host rock is significant for the design of the underground nuclear waste disposal facility and for its long-term safety.The French National Radioactive Waste Management Agency(Andra)has begun a research programme aiming to demonstrate the relevancy of the French high-level waste(HLW)concept.This paper presents the programme implemented from small-scale(small diameter)boreholes to full-scale demonstration experiments to study the THM effects of the thermal transient on the COx claystone and the strategy implemented in this new programme to demonstrate and optimise current disposal facility components for HLW.It shows that the French high-level waste concept is feasible and working in the COx claystone.It also exhibits that,as for other plastic clay or claystone,heating-induced pore pressure increases and that the THM behaviour is anisotropic.

Design and development of large-scale in-situ PRACLAY heater test and horizontal high-level radioactive waste disposal gallery seal test in Belgian HADES

In Belgium,the Boom clay was selected as a potential host formation for the disposal of high-level radioactive waste（HLW）.To demonstrate the suitability of Boom clay for bearing thermal load induced by the HLW,a large-scale in-situ heater test,called PRACLAY heater test,will be conducted in the underground research laboratory（URL） in Mol.Owing to the limitations of the test（a short period of time compared with that considered in a real repository,different boundary conditions,etc.）,the test is designed to simulate,in a conservative way,the most critical state and phenomena that could occur in the host rock.The PRACLAY gallery was excavated at the end of 2007;the heating phase will begin in 2010 and will last for at least 10 years.The PRACLAY gallery itself leaves an opportunity to study the possibilities of sealing a disposal drift in Boom clay and testing the feasibility of hydraulic cut-off of any preferential pathway to the main access gallery through the excavation damage zone（EDZ） and the lining with a seal in a horizontal drift（horizontal seal）.Indeed,this is a generic problem for all deep geological disposal facilities for HLW.An annular seal made of compacted swelling bentonite will be installed in the front of the heated part of the PRACLAY gallery for these purposes.This paper provides detailed considerations on the thermo-hydro-mechanical（THM） boundary conditions for the design of the PRACLAY heater test and the seal test with the support of numerical calculations.It is believed that these important items considered in the PRACLAY heater test design also constitute key issues for the repository design.The outcome of the PRACLAY heater test will be an important milestone for the Belgian repository design.

Experimental study on the physico-mechanical properties of Tamusu mudstone — A potential host rock for high-level radioactive waste in Inner Mongolia of China

Tamusu mudstone, located in Bayin Gobi Basin in Inner Mongolia of China, has been selected as a potential host rock for high-level radioactive waste(HLW) disposal in China. A series of tests has been carried out, including X-ray diffraction(XRD) tests, scanning electron microscopy(SEM) tests, disintegration tests, permeability tests and triaxial compression tests, to estimate the physico-mechanical properties of Tamusu mudstone in this work. The mineral composition of Tamusu mudstone was analyzed and it was considered as a stable rock due to its low disintegration rate, i.e. approximately 0.11%after several wet/dry cycles. Based on the results of permeability test, it was found that Tamusu mudstone has a low permeability, with the magnitude of about 10—20m^(2). The low permeability makes the mudstone well prevent nuclide migration and diffusion, and might be influenced by temperature.The triaxial tests show that Tamusu mudstone is a stiff mudstone with high compressive strength, which means that the excavation disturbed zone would be smaller compared to other types of mudstone due to construction and operation of HLW repositories. Finally, the properties of Tamusu mudstone were compared with those of Opalinus clay, Callovo-Oxfordian(COx) argillite, and Boom clay to further discuss the possibility of using Tamusu mudstone as a potential nuclear waste disposal medium.

On area-specific underground research laboratory for geological disposal of high-level radioactive waste in China

Underground research laboratories （URLs）, including ＂generic URLs＂ and ＂site-specific URLs＂, are un- derground facilities in which characterisation, testing, technology development, and/or demonstration activities are carried out in support of the development of geological repositories for high-level radioactive waste （HLW） disposal. In addition to the generic URL and site-specific URL, a concept of ＂areaspecific URL＂, or the third type of URL, is proposed in this paper. It is referred to as the facility that is built at a site within an area that is considered as a potential area for HLW repository or built at a place near the future repository site, and may be regarded as a precursor to the development of a repository at the site. It acts as a ＂generic URL＂, but also acts as a ＂site-specific URL＂ to some extent. Considering the current situation in China, the most suitable option is to build an ＂area-specific URL＂ in Beishan area, the first priority region for China＇s high-level waste repository. With this strategy, the goal to build China＇s URL by 2020 mav be achieved, but the time left is limited.

Corrosion behavior of high-level waste container materials Ti and Ti-Pd alloy under long-term gamma irradiation in Beishan groundwater

Titanium and titanium-palladium alloys are important potential materials for nuclear waste container,which will endure both intenseγ-irradiation and groundwater erosion.Therefore,it is very important to investigate the corrosion behavior of the container materials.In this research,the cumulative dose effect of TA8-1 type titanium-palladium alloy(TA8-1)and TA2-type pure titanium(TA2)underγ-irradiation was studied based on the geological disposal of nuclear wastes.The irradiation experiments were performed at room temperature using^(60)Co gamma sources with a 5.0-kGy·h^(-1)intensity for 40,80 or 160 days,respectively.The pH value and conductivity of Beishan groundwater were investigated.The results showed that the pH value changed from alkaline(8.22)to acidic(2.46 for TA8-1 and 2.44 for TA2),while the un-irradiated solution remained alkaline(8.17 for TA8-1 and 8.20 for TA2)after 160 days.With the increase of irradiation dose,the conductivity increases rapidly and then tends to become stable,which indicates that the titanium dioxide corrosion layer formed on the surface of the sample surface effectively prevents further corrosion.Meanwhile,XRD and SEM-EDS analysis results show that the main components of corrosion products are TiO_(2) and TiO.The titanium on the surface of the sample is oxidized,resulting in slight uneven local corrosion.The results show that TA8-1 and TA2 are suitable to be used as candidate materials for high-level waste(HLW)disposal containers due to their excellent performance under long-term and high-dose irradiation corrosion.

ON THE OPTIMIZATION OF VLSI ALLOCATION IN HIGH-LEVEL SYNTHESIS

Allocation is one of main tasks in the high-level synthesis. It includes module , functional unit allocation, storage allocation and interconnection allocation. This paper models the allocation problem as cluster analysis and applies a new algorithm, neighbor state transition (NST) algorithm, for cluster optimization. It is proved that the algorithm produces an asymptotically global optimal solution with the upper bound on the cost function (1 + O(1/n)2-ε)F*, When F" is the cost of the optimum solution, n is the problem size and e is a positive parameter arbitrarily close to zero. The numerical examples show that the NST algorithm produces better results compared to the other known methods.