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.

Reliability of a Tissue Microarray in Detecting Thyroid Transcription Factor-1 Protein in Lung Carcinomas

OBJECTIVE To compare the expression of the thyroid transcription factor-1 （TTF-1） in human normal adult type Ⅱ alveolar epithelial cells, embryonic pneumocytes and cancer cells of lung carcinoma and metastatic lymph nodes using a tissue microarray （TMA） along with paired conventional full sections, and to investigate the reliability of tissue microarrays in detecting protein expression in lung carcinoma. METHODS A lung carcinoma TMA including 765 cores was constructed. TTF-1 protein expression in both TMA and paired conventional full sections were detected by the immunohistochemical SP method using a monoclonal antibody to TTF-1. A PU （Positive Unit） of TTF-1 protein was assessed quantitatively by the Leica Q500MC image analysis system with results from the paired conventional full sections as controls. RESULTS There was no significance between TMA and paired conventional full sections in TTF-1 expression in different nuclei of the lung tissue. CONCLUSION TTF-1 protein expression in lung carcinoma detected by TMA was highly concordant with that of paired full sections. TMA is a reliable method in detecting protein expression.

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.

International Law on Liability and Compensation in the Offshore Oil ＆ Gas Industry

Offshore oil and gas exploration and production comes with risk of release of hydrocarbons in to sea. Today, the probability of such an event is relatively low, but the consequences are nevertheless significant and can cover a vast geographical area. As such, it raises the question as to whether liability and compensation in oil ＆ gas related incidents should be covered under international law. Current international legislation addresses the issue mainly in terms of shipping. This paper attempts to shed light on the topic in relation to oil and gas exploration whilst investigating notable events in the UK and the USA. The findings show that domestic laws of these countries cover the matter sufficiently. However, the question of whether the regulation should fall under international regulation can unfortunately not be answered with confidence as it would require a test-case of a situation where an oil spill affects multiple littoral states.

Public Broadcasting in Brazil＂ Challenges to Overcome a Symbolic Liability

A survey of opinion conducted by the Observatory of Public Broadcasting in Latin America indicates that one of the biggest challenges for Brazilian public broadcasting lies in changing the perception that has been crystallized by the public in relation to such stations. Initial analysis of the data obtained so far shows that the respondents have a negative image in relation to public media. At times, the people manifest themselves in favor of the principles that should delimit the performance of radios and TVs, such as diversity, independence, and differentiation from commercial media, but, which are not fully followed. At other times, they criticize the quality of programming and the political-governmental character of these stations. In this critical scenario, the paper presents a discussion on the challenges facing the sector considering the complex historical, cultural, and economic policy circumstances, that have contributed to the maintenance of this ＂symbolic liability＂ between media and the audience/citizens, and which reflects on the possible strategies to face the problem.

Compulsory Liability Insurance for Marine Drilling Platforms Pollution under Chinese Law

Compulsory liability insurance has widely existed in the field of marine insurance. However, marine drilling platforms have always been excluded from this system in China. In view of the special legal nature of oil pollution compulsory liability insurance for marine drilling platforms, this paper analyzes a number of issues related to oil pollution compulsory liability insurance, elaborates on the necessity for China to implement the system and makes some suggestions about the implementation of that.

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.

＂Principal Components＂ for the Calculation of the Best Estimate Liability of Future Discretionary Benefits under Solvency II

The core of the presentation that I propose treats about the application of principal component analysis for the estimation of the future earnings of the Segregated Funds. The Segregated Funds are the pools of assets which have been using in the Italian Insurance Market since mid 80＇s for managing the ＂with profit＂ business, also known as business with ＂discretionary participation feature＂ according to IFRS4 since the income attributable to the policyholders is composed by the net realised gains less a fee and by a minimum guarantee, if any. The discretion of the Management of the Entity lays on the decision on whether and when to realise both the financial gains and the financial losses of the underlying investments. This strategy is tied by the need to manage an appropriate ALM, from the rules included in the local legislation as well as by the policy about the solvency margin （for example a minimum solvency ratio to fulfil that is conditional upon the value of income attributed that year）. The fee can not be changed, i.e., is not discretionary, the minimum granted could be fixed on annual basis-sometimes paid on cash recurrently-or could be promised only at expiration or sometimes promised at expiration or in advance only for death and disability. In case of years so adverse that the Entity is not able to avoid earnings too low, sometimes the entity delivers an additional bonus, in order to compensate their policyholders, which is based above a full discretion. Principal components are used in finance as well as in other fields such as genetic. You can see some of these applications in two of the references advised below. The purposes of the technique of principal components are （1） to increase objectivity of results and their verifiability by third parties such as auditors, （2） make speeder the time spent for the analytical calculations （i.e., runs of the actuarial models） and （3） to render the relationship between the asset composition and the their earnings effectively used for the best estimate liabilities through their contribution in forecasting future cash flows.

Hydraulic Reliability Assessment and Optimal Rehabilitation/Upgrading Schedule for Water Distribution Systems

This paper develops an innovative approach to optimize a long-term rehabilitation and upgrading schedule (RUS) for a water distribution system with considering both hydraulic failure and mechanical performance failure circumstances. The proposed approach assesses hydraulic reliability dynamically and then optimizes the long-term RUS in sequence for a water distribution system. The uncertain hydraulic parameters are treated as random numbers in a stochastic hydraulic reliability assessment. The methodologies used for optimization in a stochastic environment are: Monte Carlo Simulation, EPANET Simulation, Genetic Algorithms, Shamir and Howard’s Exponential Model, Threshold Break Rate Model and Two-Stage Optimization Model. The proposed approach is conducted on a simulation model of water distribution network in a computer by two universal codes, namely the hydraulic reliability code and the optimal RUS code. The applicability of this approach is verified in an example of a benchmark water distribution network.

新《公司法》若干重要问题解读(笔谈)

新《公司法》修订所涉及的内容非常丰富,修订内容包括公司登记制度、股东出资责任、公司治理制度、公司资本制度、控股股东义务、董监高信义义务等方面。赵旭东教授指出,本次《公司法》修订在公司登记与信息公示制度、股东出资责任和法律后果、公司资本制度、公司治理制度、股东权益保护和控股股东义务这五个关键领域实现了重大突破和创新。周林彬教授集中解析了“国家出资公司组织机构的特别规定”一章,认为新《公司法》的亮点之一是通过新设这一章积极回应了我国国有企业治理的“本土实践”与“中国问题”,给出新时期国有企业治理的“中国方案”,推进了中国特色的国有企业治理制度的设计,重塑了国有企业的规范体系。刘凯湘教授对本次《公司法》修订中与公司资本制度相关的若干条文展开解析,包括限期认缴制、新增有限公司股东出资义务加速到期制度、股东违反出资义务的责任承担规则、董事会的催缴出资义务、股东失权制度、董监高对股东抽逃出资的连带责任、类别股的规定、授权资本制等。赵万一教授深入探讨了这次《公司法》修改的主要特点,认为新《公司法》既坚持了其商法属性,同时又充分考虑了《民法典》的既有制度内容,适当兼顾了与《民法典》之间的制度衔接关系,从而既为科学解决民法与商法的关系提供了理念和制度支持,也为中国式法律制度体系的创建提供了完美的立法实践样本。周友苏教授深入解析了新《公司法》在完善股东出资制度方面增加的股东出资缴纳、股东出资“加速到期”、股东失权、股东出资责任这四条新规定,认为新《公司法》在完善股东出资制度方面增加的这些新规定,积极回应了我国自2013年以来公司数量大幅增长所带来的股东盲目认缴、天价认缴、期限过长的现象突出,损害债权人利益的纠纷案件呈明显上升态势等问题,极大地强化了保护债权人的力度。李建伟教授深入解析了《公司法》修订中与法定代表人制度相关的若干条文,认为新《公司法》关于法定代表人的规定较之以往更加体系化,并有望基本解决困扰公司实践许多年的诸多难题,但其中亦存在不完全规范的问题。