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.Th...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.展开更多
Product quality law refers to the combination of various economical relationships and legal norms in the process of production,circulation and administration.It combines the operation of the market with the state supe...Product quality law refers to the combination of various economical relationships and legal norms in the process of production,circulation and administration.It combines the operation of the market with the state supervision.Studying on the legislation style will be of theoretical and practical significance.展开更多
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 metho...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.展开更多
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 ...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.展开更多
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 recordi...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.展开更多
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...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.展开更多
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-Toot...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.展开更多
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 ...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.展开更多
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 compone...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.展开更多
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 ...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.展开更多
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 st...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.展开更多
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...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.展开更多
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 ...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.展开更多
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 assessmen...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.展开更多
One of the most serious mining disasters in underground mines is rockburst phenomena.They can lead to injuries and even fatalities as well as damage to underground openings and mining equipment.This has forced many re...One of the most serious mining disasters in underground mines is rockburst phenomena.They can lead to injuries and even fatalities as well as damage to underground openings and mining equipment.This has forced many researchers to investigate alternative methods to predict the potential for rockburst occurrence.However,due to the highly complex relation between geological,mechanical and geometric parameters of the mining environment,the traditional mechanics-based prediction methods do not always yield precise results.With the emergence of machine learning methods,a breakthrough in the prediction of rockburst occurrence has become possible in recent years.This paper presents a state-ofthe-art review of various applications of machine learning methods for the prediction of rockburst potential.First,existing rockburst prediction methods are introduced,and the limitations of such methods are highlighted.A brief overview of typical machine learning methods and their main features as predictive tools is then presented.The current applications of machine learning models in rockburst prediction are surveyed,with related mechanisms,technical details and performance analysis.展开更多
On-site investigations consistently show that the rock burst inherent to coal seams varies greatly with coal seam thickness.In this study,impact factors related to coal seam thickness and surrounding rock strength wer...On-site investigations consistently show that the rock burst inherent to coal seams varies greatly with coal seam thickness.In this study,impact factors related to coal seam thickness and surrounding rock strength were analyzed and a corresponding rock burst risk assessment method was constructed.The model reflects the influence of coal seam thickness on the stress distribution of surrounding rock at the roadway.Based on the roadway excavation range,a stress distribution model of surrounding roadway rock is established and the influence of coal seam thickness on rock burst risk is analyzed accordingly.The proposed rock burst risk assessment method is based on the equivalent surrounding rock strength and coal seam bursting liability.The proposed method was tested in a 3500 mining area to find that it yields rock burst risk assessment results as per coal seam thickness that are in accordance with real-world conditions.The results presented here suggest that coal seam thickness is a crucial factor in effective rock burst risk assessment.展开更多
In the U.S., the current Load and Resistance Factor Design (LRFD) Specifications for highway bridges is a reliability-based formulation that considers failure probabilities of bridge components due to the actions of...In the U.S., the current Load and Resistance Factor Design (LRFD) Specifications for highway bridges is a reliability-based formulation that considers failure probabilities of bridge components due to the actions of typical dead load and frequent vehicular loads. Various extreme load effects, such as earthquake and vessel collision, are on the same reliability-based platform. Since these extreme loads are time variables, combining them with not considered frequent. non- extreme loads is a significant challenge. The number of design limit state equations based on these failure probabilities can be unrealistically large and unnecessary from the view point of practical applications. Based on the opinion of AASHTO State Bridge Engineers, many load combinations are insignificant in their states. This paper describes the formulation of a criterion to include only the necessary load combinations to establish the design limit states. This criterion is established by examining the total failure probabilities for all possible time-invariant and time varying load combinations and breaking them down into partial terms. Then, important load combinations can be readily determined quantitatively,展开更多
As Chinese practitioners and scholars ponder the scope of fiduciary obligations under the country’s company law,this paper offers a comparative perspective from German law.Although German corporate law has not reject...As Chinese practitioners and scholars ponder the scope of fiduciary obligations under the country’s company law,this paper offers a comparative perspective from German law.Although German corporate law has not rejected legal transplants,the common law trust has never been accepted as an organizational device for administering third-party funds or doing business.Nonetheless,the German judiciary has developed a sophisticated concept of fiduciary obligations where the statutes remain silent.This paper explores the application of fiduciary obligations to limited partnerships,limited liability companies,and stock corporations.It takes a membership perspective to ascertain the legal relationships between a corporation and its shareholder-members and among fellow-shareholders,as business entities evolve from personalistic to capitalistic settings.Fiduciary obligations also inform the relationship between the corporation and its directors and corporate officers.Although German law does not classify directors and corporate officers as the shareholders’direct trustees,shareholders stand nonetheless to benefit from the way directors and corporate offices discharge their duties towards the respective corporate entities.Moreover,criminal law rules on embezzlement operate to protect the corporation and the monies it administers from overly risky business projects.展开更多
文摘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.
文摘Product quality law refers to the combination of various economical relationships and legal norms in the process of production,circulation and administration.It combines the operation of the market with the state supervision.Studying on the legislation style will be of theoretical and practical significance.
文摘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.
基金funded by the National Science Foundation of China(Nos.72088101 and 41807259)the Innovation-Driven Project of Central South University(No.2020CX040)the Shenghua Lieying Program of Central South University(Principle Investigator:Dr.Jian Zhou)。
文摘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.
文摘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.
基金Projects(71102174,70971036) supported by the National Natural Science Foundation of ChinaProject(9123028) supported by the Beijing Natural Science Foundation,China+3 种基金Project(20111101120019) supported by the Specialized Research Fund for Doctoral Program of Higher Education of ChinaProject(11JGC106) supported by the Beijing Philosophy&Social Science Foundation of ChinaProjects(NCET-10-0048,NCET-10-0043) supported by the Program for New Century Excellent Talents in Universities of ChinaProject(2010YC1307) supported by the Excellent Young Teacher in Beijing Institute of Technology of China
文摘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.
基金funded by the National Natural Science Foundation of China, grant No. 81071001 and 30600200
文摘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.
文摘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.
文摘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.
文摘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.
基金a stage result of “Study on Legal Issues of Hazardous Waste Multivariate Treatment under Market Economy”(15BFX181)of National Social Sciences Fund of China
文摘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.
文摘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.
基金funded by the Annual Project of National Social Science Foundation of China“Research on the Fundamental Theory of Intellectual Property Law Under the System of Socialist Civil Law With Chinese Characteristics in the New Era(Project Approval No.18BFX162)”.
文摘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.
基金the“Application of the Dynamic System Theory in the Determination of Infringement Liability for Immaterial Personality Rights in the Civil Code”(Project Approval Number 2022MFXH006)a project of the young scholar research program of the Civil Law Society of CLS in 2022。
文摘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.
文摘One of the most serious mining disasters in underground mines is rockburst phenomena.They can lead to injuries and even fatalities as well as damage to underground openings and mining equipment.This has forced many researchers to investigate alternative methods to predict the potential for rockburst occurrence.However,due to the highly complex relation between geological,mechanical and geometric parameters of the mining environment,the traditional mechanics-based prediction methods do not always yield precise results.With the emergence of machine learning methods,a breakthrough in the prediction of rockburst occurrence has become possible in recent years.This paper presents a state-ofthe-art review of various applications of machine learning methods for the prediction of rockburst potential.First,existing rockburst prediction methods are introduced,and the limitations of such methods are highlighted.A brief overview of typical machine learning methods and their main features as predictive tools is then presented.The current applications of machine learning models in rockburst prediction are surveyed,with related mechanisms,technical details and performance analysis.
基金supported and financed from Special Funds for Basic Research Business Fees of China Academy of Safety Science and Technology(Nos.2016JBKY16,2017JBKY05)National Key Research and Development Program of China(No.2017YFC0804603)Subject of Beijing Science and Technology Commission(No.Z171100002317008)
文摘On-site investigations consistently show that the rock burst inherent to coal seams varies greatly with coal seam thickness.In this study,impact factors related to coal seam thickness and surrounding rock strength were analyzed and a corresponding rock burst risk assessment method was constructed.The model reflects the influence of coal seam thickness on the stress distribution of surrounding rock at the roadway.Based on the roadway excavation range,a stress distribution model of surrounding roadway rock is established and the influence of coal seam thickness on rock burst risk is analyzed accordingly.The proposed rock burst risk assessment method is based on the equivalent surrounding rock strength and coal seam bursting liability.The proposed method was tested in a 3500 mining area to find that it yields rock burst risk assessment results as per coal seam thickness that are in accordance with real-world conditions.The results presented here suggest that coal seam thickness is a crucial factor in effective rock burst risk assessment.
基金Federal Highway Administration at the University at Buffalo under Contract No.DTFH61-08-C-00012
文摘In the U.S., the current Load and Resistance Factor Design (LRFD) Specifications for highway bridges is a reliability-based formulation that considers failure probabilities of bridge components due to the actions of typical dead load and frequent vehicular loads. Various extreme load effects, such as earthquake and vessel collision, are on the same reliability-based platform. Since these extreme loads are time variables, combining them with not considered frequent. non- extreme loads is a significant challenge. The number of design limit state equations based on these failure probabilities can be unrealistically large and unnecessary from the view point of practical applications. Based on the opinion of AASHTO State Bridge Engineers, many load combinations are insignificant in their states. This paper describes the formulation of a criterion to include only the necessary load combinations to establish the design limit states. This criterion is established by examining the total failure probabilities for all possible time-invariant and time varying load combinations and breaking them down into partial terms. Then, important load combinations can be readily determined quantitatively,
文摘As Chinese practitioners and scholars ponder the scope of fiduciary obligations under the country’s company law,this paper offers a comparative perspective from German law.Although German corporate law has not rejected legal transplants,the common law trust has never been accepted as an organizational device for administering third-party funds or doing business.Nonetheless,the German judiciary has developed a sophisticated concept of fiduciary obligations where the statutes remain silent.This paper explores the application of fiduciary obligations to limited partnerships,limited liability companies,and stock corporations.It takes a membership perspective to ascertain the legal relationships between a corporation and its shareholder-members and among fellow-shareholders,as business entities evolve from personalistic to capitalistic settings.Fiduciary obligations also inform the relationship between the corporation and its directors and corporate officers.Although German law does not classify directors and corporate officers as the shareholders’direct trustees,shareholders stand nonetheless to benefit from the way directors and corporate offices discharge their duties towards the respective corporate entities.Moreover,criminal law rules on embezzlement operate to protect the corporation and the monies it administers from overly risky business projects.