Determination of Liability for Violation of “Sexual Autonomy” and Compensation for Mental Damages

At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of disputes related to violations of“sexual autonomy,”judicial biases have emerged during the trial process when courts determine the attribute of the right to“sexual autonomy.”This situation necessitates a clear legal analysis of the concept and attributes of“sexual autonomy”to establish its essential attribute as a personality right,and,from the perspective of legal doctrine,enable the justification of the right to“sexual autonomy”as either a general personality right or other personality interests,thereby providing theoretical support for courts to“adjudicate according to law.”By delineating and categorizing instances of violations of“sexual autonomy,”the constitutive elements and fundamental characteristics of such violations can be clarified.By examining the legal norms governing civil litigation and civil litigation associated with criminal cases concerning violations of“sexual autonomy,”the responsibility determination,remedies,and existing regulatory loopholes regarding violations of“sexual autonomy,”especially in cases involving both criminal and civil matters,can be defined.Based on this foundation,the legal basis,determination mechanism,and compensation standards for claiming compensation for mental damages resulting from violations of“sexual autonomy”can be elucidated.

Risk Assessment of an Environmental Liability in the Commercialization of Hydrocarbons-A Secondary Publication

The risk analysis evaluates the probability of occurrence with the impact of said risks.In the hydrocarbon sector,an environmental liability is an improperly abandoned facility,soil contaminated by spills or others.The objective of this work is to define a risk management plan.The characterization of the residue and the area was carried out.Hazardous events were identified:overflow spill,soil contamination by infiltration,as well as radiant heat and suffocating and toxic fumes from a fire.The matrix method was applied considering the probability of occurrence against vulnerability.The danger of infiltration implied a high level of risk.The risk management plan was drawn up,its main action being the liquidation of the pool and the sanitation of the area.

Spontaneous combustion liability of coal and coal-shale: a review of prediction methods

This study presents a review of the various methods to predict the spontaneous combustion liability of coal and coal-shale. The relative propensity of coal to undergo self-heating can be established by different methods. These methods are well established in their usage, but the fact that no particular test method has become a standard to predict the spontaneous combustion liability indicates that doubt still exists as to the validity of all of them. The underlying principle of all the tests is that the more readily the coal undergoes exothermic oxidation, the more liable it is to self-heat. Comprehensive studies that centres on the international position on research being conducted by academics, different research institutes and industries on spontaneous combustion of coal and coal mine fires were evaluated. Relationships between the geochemical analysis (proximate and ultimate analysis, forms of sulphur, petrographic properties, X-ray diffraction and X-ray fluorescence) and spontaneous combustion testing methods (numerical and experimental approaches) used to predict the spontaneous combustion liability of coal were reviewed. The combination of these tests provides a better understanding of the mechanism that controls the spontaneous combustion phenomena. However, irrespective of the extensive studies that have been conducted over time, spontaneous combustion is still a major problem in the coal value chain.

Proposing a novel comprehensive evaluation model for the coal burst liability in underground coal mines considering uncertainty factors

Coal burst is a severe hazard that can result in fatalities and damage of facilities in underground coal mines.To address this issue,a robust unascertained combination model is proposed to study the coal burst hazard based on an updated database.Four assessment indexes are used in the model,which are the dynamic failure duration(DT),elastic energy index(WET),impact energy index(KE)and uniaxial compressive strength(RC).Four membership functions,including linear(L),parabolic(P),S and Weibull(W)functions,are proposed to measure the uncertainty level of individual index.The corresponding weights are determined through information entropy(EN),analysis hierarchy process(AHP)and synthetic weights(CW).Simultaneously,the classification criteria,including unascertained cluster(UC)and credible identification principle(CIP),are analyzed.The combination algorithm,consisting of P function,CW and CIP(P-CW-CIP),is selected as the optimal classification model in function of theory analysis and to train the samples.Ultimately,the established ensemble model is further validated through test samples with 100%accuracy.The results reveal that the hybrid model has a great potential in the coal burst hazard evaluation in underground coal mines.

Analysis of spontaneous combustion liability indices and coal recording standards/basis

The characterization of the physical and chemical properties of coal on a standard provides an understanding of its characteristics towards spontaneous combustion.The trend of linear relationships between coal recording standards(%air-dried(ad),%dry(db)and%dry ash free(daf)basis)of 30 selected coal samples from the Witbank coalfields and spontaneous combustion liability indices were evaluated.The spontaneous combustion liability indices of these samples were evaluated by crossing point temperature(XPT),Stage II Slope,FCC(Feng,Chakravorty,Cochrane)and the Wits-Ehac tests,while the coal properties were determined from the proximate and ultimate analyses.The results obtained from these coal properties were related to different liability indices to develop trends of linear relationships using regression analysis.The ad basis indicated higher correlation coefficients than the db and daf basis for the XPT and FCC index,while the daf showed higher correlation coefficients than the ad and db basis for the Wits-Ehac index.It was found that the trend of linear relationships of these coal properties differs from one liability index to the next.The XPTs showed a better trend followed by the Stage II Slope on the coal properties among the spontaneous combustion liability indices evaluated.

Replenishment policy and inventory optimization for supply-hub with liability period consideration

A replenishment decision-making model for supply-hub is firstly established from the angle of supplier, and optimal replenishment decision of the supplier is analyzed. Then, inventory optimization model for supply-hub is formulated from the angle of the manufacturer, and the optimization algorithm for obtaining optimal inventory levels is given. The result shows that liability period decides the share of the inventory cost between two sides in supply chain. With the increase of liability period, the service level has been quickly reduced even though the manufacturer's cost has been cut down by transferring the inventory cost to the supplier. As to the safety inventory, if the lower bound of components safety inventory increases, the supplier's cost will rise up more slowly than the liability period does, while the service levels increases as the safety inventory's lower bound is raised.

Rapid genetic screening of Charcot-Marie-Tooth disease type 1A and hereditary neuropathy with liability to pressure palsies patients

We used the allele-specific PCR-double digestion method on peripheral myelin protein 22 （PMP22） to determine duplication and deletion mutations in the proband and family members of one family with Charcot-Marie-Tooth disease type 1 and one family with hereditary neuropathy with liability to pressure palsies. The proband and one subclinical family member from the Charcot-Marie-Tooth disease type 1 family had a PMP22 gene duplication; one patient from the hereditary neuropathy with liability to pressure palsies family had a PMP22 gene deletion. Electron microscopic analysis of ultrathin sections of the superficial peroneal nerve from the two probands demonstrated demyelination and myelin sheath hyperplasia, as well as an ＇onion-like＇ structure in the Charcot-Marie-Tooth disease type 1A patient. We observed an irregular thickened myelin sheath and ＇mouse-nibbled＇-Iike changes in the patient with hereditary neuropathy with liability to pressure palsies. In the Charcot-Marie-Tooth disease type 1A patient, nerve electrophysiological examination revealed moderate-to-severe reductions in the motor and sensory conduction velocities of the bilateral median nerve, ulnar nerve, tibial nerve, and sural nerve. Moreover, the compound muscle action potential amplitude was decreased. In the patient with hereditary neuropathy with liability to pressure palsies, the nerve conduction velocity of the bilateral tibial nerve and sural nerve was moderately reduced, and the nerve conduction velocity of the median nerve and ulnar nerve of both upper extremities was slightly reduced.

Trends in the International Regime of Liability and Compensation for Oil Pollution Damage

Since the entry into force of the International Convention on liability and compensation for oil spill damage, there have been many discussions on the improvement of this regime. Based on the existing tworegimes, the writer tried to analysis the advantages of the new regimes and foresee the trends of the international regime of liability and compensation for oil pollution damage.

A Liability Division Method for Harmonic Pollution Based on Line-Transferred Power Components

The existing liability division methods for harmonic pollution are either inexplicit or incomplete in physical meaning. To compensate these defects, two new methods are proposed based on line-transferred power components in this paper. At first, all harmonic sources are represented by ideal equivalent current source, line current components and bus voltage components of a source are determined by stimulation of this source with all other sources disabled. Then, the line-trans- ferred power component owing to a source under all sources action together is determined by the theory of line-transferred power components, and called source’s line-transferred power component. At last, the liability of a source for line-end harmonic pollution is divided by two methods: the ration of the source’s line-transferred active power component to the total line-transferred power, and the ration of projection of the source’s line-transferred complex power component to absolute value of the total line-transferred complex power. These two methods are taken into account not only harmonic voltage but also harmonic current in the liability division. Simulation results show that the proposed liability division method based on active power component is the most effective and ideal one.

The Emerging Importance of Professional Liability Insurance Coverage for Pharmacists

As the responsibilities for clinical pharmacists have increased in recent years, the pharmacy practitioner finds the need for professional liability insurance. This report describes the practice changes under way and describes the malpractice insurance options available to current pharmacy practitioners.

On Environmental Quality Standards and Finding of Liability for Environmental Pollution Torts

Though bearing technical and legal attributes,environmental quality standards are neither rules nor regulatory documents.With the binding force coming from the legal norms where they are cited,environmental quality standards are designed and implemented as a yardstick for measuring environmental quality.They also play a role in the functions of goal setting,merit appraisals,inspiration,supervision and accountability in conjunction with the legal norms and administrative plans where they are cited.Characteristically,environmental quality standards adopt sort management in concept,take holistic values and methodologies,establish phased goals and accept the resulting policy choices.These standards are not applicable to determine tort liability caused by environmental pollution from the perspective of legal norms but provide limited evidence for finding the same in the view of factual analysis by delivering scientific support to prove negative effects on the environment.Hence,environmental quality standards do contribute to finding torts,thus making the production of evidence less difficult.Also,they can be used to prove the relevance between torts and damage.

The Fundamental Need of Reform in Company Law in England: Parent Company’s Liability for Debt of Insolvent Subsidiary

Based on the fact that the parent company has actual control over the subsidiary company,this paper analyzes the possibility of the parent company using the subsidiary company to seek benefits and damage the interests of creditors.Moreover,under the intangible protection of the current limited liability system and the independent personality of the company,it can“retreat”.This is undoubtedly against the original intention of the establishment of enterprise groups and has great potential harm to creditors.In addition,on the basis of the relief measures for the rights and interests of the parent company caused by the bad behavior of the subsidiary,the legal defects that should be carefully considered are determined.Considering whether there are other remedies that may have the same effect as disclosure,some are more moderate than disclosure.With Britain’s strong caution about lifting the veil,a more moderate direction could be considered.

Study on the Tort Liability of Electronic Commerce Platform

Today,the rapid development of electronic commerce(E-commerce)has added a new driving force for China’s economic development.However,all kinds of legal problems have followed,such as uncontrolled production and sale of fake goods,frequent malicious complaints,endless unfair competition,and illegal infringement,which have harmed the legitimate interests of consumers and seriously damaged the market order and fair competition.In order to provide some theoretical and realistic reference for the development of China’s E-commerce industry,this paper focuses on the relevant problems in the field of“infringement”of E-commerce platforms for in-depth thinking,and puts forward suggestions for solving the existing problems based on the development status of E-commerce platforms.

Measuring Financial Systemic Risk:Net Liability Clearing Mechanism and Contagion Effect

Following the framework of E-N model(Eisenberg and Noe,2001),the authors consider a new clearing mechanism based on net liabilities among financial institutions since the liabilities between the counterparties should be deducted accordingly when clearing in practice.As the basis for systemic risk measurement,similar to the original E-N model,the authors first establish some good properties for the clearing payment vector according to a more general model.Then,the authors investigate how risk spreads among institutions through the liability network forming the risk contagion channel.Finally,the authors illustrate with a specific example that the original E-N clearing mechanism may misidentify the systemic important institutions,and theoretically show that it may also overestimate the risk compared with the netting clearing mechanism.

Peak-strength strain energy storage index for evaluating coal burst liability based on the linear energy storage law

The strain energy storage index WET was widely used to evaluate coal burst liability,but the scientific evidence for selecting the unloading stress level interval(around 80%of peak strength)remains lacking,and WET can not reflect the energy storage and dissipation ratio(ESD ratio)of the whole pre-peak stage for coal materials.In this study,these two key problems in WET calculation and application were solved based on the linear energy storage(LES)law.The LES law was defined as the linear relationship between the elastic strain energy and input strain energy for solid material during loading.Using the LES law,the elastic strain energy and dissipated strain energy of at 10 types of coals were calculated precisely,and ideal ESD ratio and general ESD ratio at any stress level will be obtained subsequently.The results also show that WET is extremely close to the ideal and general ESD ratio,which proves that the selecting stress level of WET calculation is scientific and reasonable.Furthermore,the general ESD ratio converges to the peak ESD ratio(namely peak strain energy storage index WET P)as stress level increases.Compared with WET,Wp ET not only reflects the ESD ratio of coal materials over the whole pre-peak loading stage,but also exhibits excellent stability.Consequently,Wp ET is suggested as a new evaluation index of coal burst liability.

The Dynamic System Theory of Legal Protection for Personal Information Rights Infringement

The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessment,and liability.Traditional tort law is unable to provide a robust response for these challenges,which severely hinders human rights protection in the digital society.The dynamic system theory represents a third path between fixed constitutive elements and general clauses.It both overcomes the rigidity of the“allor-nothing”legal effect evaluation mechanism of the“element-effect”model and avoids the uncertainty of the general clause model.It can effectively enhance the flexibility of the legal system in responding to social changes.In light of this,it is necessary to construct a dynamic foundational evaluation framework for personal information infringement under the guidance of the dynamic system theory.By relying on the dynamic interplay effect of various foundational evaluation elements,this framework can achieve a flexible evaluation of the constitutive elements of liability and the legal effects of liability for personal information infringement.Through this approach,the crisis of personal information infringement in the era of big data can be mitigated,and the realization of personal information rights as digital human rights can be promoted.

Patent infringement liability insurance:the application of professional liability in patent opinions

The patent infringement liability insurance is a kind of product to provide liability insurance for manufacturers,sales men,or other bodies from being accused of patent infringement on other’s rights.According to the terms of insurance contracts,before such insurance product being insured,the insurer demands a legal opinion by patent lawyers,or other related professionals,stating clearly that the insuring product seemed noninfringement of others valid patent rights.Then,the insurance company can sign the contract just to have insured the patents listed on the legal opinion as cause of the infringement lawsuit.So when the legal opinion have flaws,it would cause a certain loss to the insurer or the applicant.The paper takes views of patent infringement liability insurance to bring up issues on the professional liability of the legal opinion.

China Pilot Free Trade Zones Call Reform of Arbitrator Liability

Arbitration is vital for China Pilot Free Trade Zones(PFTZs). Though both of the Criminal Law and the Arbitration Law have clauses on liability of arbitrator, the ambiguity is risky for foreign arbitrators. There are three main theories on immunity of arbitrator in the world while China does not choose any one or set up a new one. For PFTZs' development, it is time to establish details on liability of arbitrator and arbitrator immunity.

Discrete Time Mean-variance Analysis with Singular Second Moment Matrixes and an Exogenous Liability

We apply the dynamic programming methods to compute the analytical solution of the dynamic mean-variance optimization problem affected by an exogenous liability in a multi-periods market model with singular second moment matrixes of the return vector of assets. We use orthogonai transformations to overcome the difficulty produced by those singular matrixes, and the analytical form of the efficient frontier is obtained. As an application, the explicit form of the optimal mean-variance hedging strategy is also obtained for our model.

Investigating safety and liability of autonomous vehicles:Bayesian random parameter ordered probit model analysis

Purpose–This study aims to investigate the safety and liability of autonomous vehicles(AVs),and identify the contributing factors quantitatively so as to provide potential insights on safety and liability of AVs.Design/methodology/approach–The actual crash data were obtained from California DMV and Sohu websites involved in collisions of AVs from 2015 to 2021 with 210 observations.The Bayesian random parameter ordered probit model was proposed to reflect the safety and liability of AVs,respectively,as well as accommodating the heterogeneity issue simultaneously.Findings–The findings show that day,location and crash type were significant factors of injury severity while location and crash reason were significant influencing the liability.Originality/value–The results provide meaningful countermeasures to support the policymakers or practitioners making strategies or regulations about AV safety and liability.