Coordination Mechanism of the Legal Protection of Resource Security with Its Relative Laws

The basis of the legal protection of resource security is its relative laws, which have four main characteristics, which are foundational, divergent, comprehensive and of long-term social benefits in view. The coordination mechanism of the legal protection of resource security with its relative laws meets the needs of the sustainable development of the economy, society and environment. It also facilitates and is facilitated by the modern transformation of the legal system in China, and upholds the legal system as a logically self-perfecting entity. Furthermore, this coordination bears scientific feasibility.

Principles of Quantum Mechanics and Laws of Wave Optics from One Mathematical Formula

Finding that in the formula of expansion of a function into a series of wave-like functions ?the coefficients are its Fourier transforms, if existed, we deduce mathematically all the principles and hypothesis that illustrated physicists utilized to build quantum mechanics a century ago, beginning with the duality particle-wave principle of Planck and including the Schrödinger equations. By the way, we find a simple Fourier transform relation between Dirac momentum and position bras and a useful permutation relation between operators in phase and Hilbert spaces. Moreover, from the found particle-wave duality formula we prove and obtain again essentially by mathematical analysis all the laws of wave optics concerning reflections, refractions, polarizations, diffractions by one or many identical 3D objects with various forms and dimensions.

Are Black Holes 4-D Spatial Balls Filled with Black Body Radiation? Generalization of the Stefan-Boltzmann Law and Young-Laplace Relation for Spatial Radiative Transfers

This is the first paper in a two part series on black holes. In this work, we concern ourselves with the event horizon. A second follow-up paper will deal with its internal structure. We hypothesize that black holes are 4-dimensional spatial, steady state, self-contained spheres filled with black-body radiation. As such, the event horizon marks the boundary between two adjacent spaces, 4-D and 3-D, and there, we consider the radiative transfers involving black- body photons. We generalize the Stefan-Boltzmann law assuming that photons can transition between different dimensional spaces, and we can show how for a 3-D/4-D interface, one can only have zero, or net positive, transfer of radiative energy into the black hole. We find that we can predict the temperature just inside the event horizon, on the 4-D side, given the mass, or radius, of the black hole. For an isolated black hole with no radiative heat inflow, we will assume that the temperature, on the outside, is the CMB temperature, T2 = 2.725 K. We take into account the full complement of radiative energy, which for a black body will consist of internal energy density, radiative pressure, and entropy density. It is specifically the entropy density which is responsible for the heat flowing in. We also generalize the Young- Laplace equation for a 4-D/3-D interface. We derive an expression for the surface tension, and prove that it is necessarily positive, and finite, for a 4-D/3-D membrane. This is important as it will lead to an inherently positively curved object, which a black hole is. With this surface tension, we can determine the work needed to expand the black hole. We give two formulations, one involving the surface tension directly, and the other involving the coefficient of surface tension. Because two surfaces are expanding, the 4-D and the 3-D surfaces, there are two radiative contributions to the work done, one positive, which assists expansion. The other is negative, which will resist an increase in volume. The 4-D side promotes expansion whereas the 3-D side hinders it. At the surface itself, we also have gravity, which is the major contribution to the finite surface tension in almost all situations, which we calculate in the second paper. The surface tension depends not only on the size, or mass, of the black hole, but also on the outside surface temperature, quantities which are accessible observationally. Outside surface temperature will also determine inflow. Finally, we develop a “waterfall model” for a black hole, based on what happens at the event horizon. There we find a sharp discontinuity in temperature upon entering the event horizon, from the 3-D side. This is due to the increased surface area in 4-D space, AR(4) = 2π2R3, versus the 3-D surface area, AR(3) = 4πR2. This leads to much reduced radiative pressures, internal energy densities, and total energy densities just inside the event horizon. All quantities are explicitly calculated in terms of the outside surface temperature, and size of a black hole. Any net radiative heat inflow into the black hole, if it is non-zero, is restricted by the condition that, 0cdQ/dt FR(3), where, FR(3), is the 3-D radiative force applied to the event horizon, pushing it in. We argue throughout this paper that a 3-D/3-D interface would not have the same desirable characteristics as a 4-D/3-D interface. This includes allowing for only zero or net positive heat inflow into the black hole, an inherently positive finite radiative surface tension, much reduced temperatures just inside the event horizon, and limits on inflow.

“五位一体”涉外法治人才培养的实践育人路径探索

加强以实践为导向的育人机制建设,不仅是联系法学理论教学与实务的桥梁,也是涉外法治人才培养的重点和提升法律人才培养质量的关键。当前我国涉外法治人才实践教育存在课堂教学的理念与模式陈旧、实务课程缺乏系统性与针对性、实习实训资源开发不足以及国际实习机会稀缺等方面的问题,它们表现在实践教学的各个环节。要解决这些问题,高校在涉外法治人才培养中应当坚持“五位一体”的涉外法治人才培养实践育人路径,从引导课堂实练、设计实务课程、强化校内实训、组织校外实践、拓展国际实习网络五方面进行一体化针对性改革,整体提升涉外法治人才实践能力培育的实效。

从高质量发展、高水平开放的战略高度推动数字贸易法治化

数字化是当今时代最大的变革,国际贸易将进入数字贸易蓬勃发展的新时代。当前,以世界贸易组织(WTO)为代表的多边贸易体系发展停滞以及主要大国博弈态势趋于激烈,使得国际经贸规则出现进一步碎片化的趋势,也对全球数字贸易规则的形塑造成挑战。法治是最好的营商环境,也是国际数字贸易健康发展的重要保障,数字贸易法治化势在必行、刻不容缓。因此,应从高质量发展、高水平开放的战略高度继续推进国际数字贸易;从统筹国内和国际两个大局、安全和发展两件大事入手,着力形成数字贸易法治工作的大协同格局;通过主动对接高标准国际数字经贸规则等方式,推动全球数字贸易关系法治化进程。

世界法治文明中的中国涉外法治

统筹推进国内法治和涉外法治是新时代中国法治发展的重要方向,也是习近平法治思想的重要内容。通过主张统筹推进国内法治和涉外法治,中国法治理论建设得以提升,中国法治的学科体系、学术体系、话语体系不断完善。开放发展的中国明确了国内法治和涉外法治的互动机制,将国际秩序纳入国家法治发展的大局之中,将国家法治的经验推广到国际秩序的构建进程,为中国法治的进步和世界法治文明的发展作出中国独特的贡献。在世界法治文明进步受到挫折之时,涉外法治体现了中国对于世界秩序的期待,包含了中国对于国家行为方式的期许,凸显了中国对于大国担当的允诺,落实了中国对于国家人民利益维护的主张。推进涉外法治,不仅要坚持维护国际法和国际关系基本准则地位,还要积极促进双边和多边法律合作,加强法律域外适用体系的构建,加强涉外法治理论和人才建设。

面向涉外法治一体推进需要的创新人才培养机制研究

涉外法治人才培养是一项系统工程。面向涉外法治一体推进需要的创新人才培养机制,是新时代高素质涉外法治人才培养的有效路径,是推进中国式现代化、开展国际合作和斗争、保障新时代涉外法治人才供给的迫切需要。建立涉外法治一体推进需要的创新人才培养机制,应以习近平法治思想为引领,以系统集成、整体谋划、相互配合、协同高效为指导思想,使涉外法治人才培养与涉外立法、涉外执法、涉外司法、涉外守法、涉外法律服务一体推进。同时,涉外法治人才培养机制应根据一体推进需要不断创新完善,以全面提高涉外法治人才培养质量,为加快涉外法治体系和能力建设夯实人才基础。

制裁抑或反制裁?——欧盟《反经济胁迫条例》的国际法分析及应对

欧盟制定的《反经济胁迫条例》通过“经济胁迫”概念将第三国的合法经贸措施非法化,并试图通过反应机制与行动流程实现消极防御与竞争博弈的双重目标。该条例本质上是欧盟创设的一种兼具“制裁”与“反制裁”性质的新型法律工具,在国际投资和贸易条约以及相关习惯国际法上的合法性都存疑。鉴于该条例的实施可能会对中国企业造成负面影响进而触发我国的反制裁法律制度,我国应从提升企业应对能力、寻求司法救济、完善反制裁体系、参与构建国际规则及话语等四个维度统筹应对条例潜在的不利影响,积极维护我国的主权、安全和发展利益。

F-rough law and the discovery of rough law

By using function one direction S-rough sets （function one direction singular rough sets）, this article presents the concepts of F-law, F-rough law, and the relation metric of rough law; by using these concepts, this article puts forward the theorem of F-law relation metric, two orders theorem of F-rough law relation metric, the attribute theorem of F-rough law band, the extremum theorem of F-rough law relation metric, the discovery principle of F-rough law and the application of F-rough law.

Analytically Derived Wind Wave Growth Relations

By the use of the 3/2 power law presented by Toba combined with the significant wave energy balance equation for wind wave, wind wave growth at a limited fetch is analytically investigated. The new wind wave growth relations (WWGRs) are analytically derived with sheltering coefficient and wind drag coefficient as parameters. The geometrical average of observational values of sheltering coefficient and the arithmetic average of observational values of wind drag coefficient are applied to determine the new WWGRs. Comparisons with existing empirical WWGRs are made.

The effects of relative density of metal foams on the stresses and deformation of beam under bending

The exact analytic solution of the pure bending beam of metallic foams is given. The effects of relative density of the material on stresses and deformation are revealed with the Triantafillou and Gibson constitutive law （TG model） taken as the analysis basis. Several examples for individual foams are discussed, showing the importance of compressibility of the cellular materials. One of the objects of this study is to generalize Hill＇s solution for incompressible plasticity to the case of compressible plasticity, and a kinematics parameter is brought into the analysis so that the velocity field can be determined.

Illegal Logging and Related Trade: Who Combat It as Legal Subjects?

Issue on illegal logging and related trade is a hot topic for the international community. It has brought the negative effects to the sustainable development on global society, economy and ecology, which is also one of the main objectives of international cooperation to combat with. At present, subjects of international law play a decisive role in combating illegal logging and related trade. The subjects of international law generally refer to states, intergovernmental organizations (IGOs) and part of non-governmental organizations (NGOs), which can have an independent international legal personality, enjoy rights and assume obligations of international law. As a responsible big country of the international community and state member of intergovernmental organizations and international treaties of forest resources protection, China ought to fully perform the obligations of international law. In face of illegal logging and related trade around the world, China should rationally tackle with it, resolutely crack down on it, and finally choose the sustainable development strategy based on rule of law.

The Changing Labour Relations during the Period of Economic Reform:A Case Study of Chinese Township and Village Enterprises in Yangtze River Delta

The economic reform launched in the People's Republic of China(China) led to a rapid growth in non-state sectors.Various forms of corporate governances and ownerships emerged during the last two decades,especially the Township and Village Enterprises owned by local residents.This article is conducted on the changing labour relations in Chinese Township and Village Enterprises(TVEs) despite their increasing contributions to China's transition from planned economy to market economy,and studies the labour market and the Labour Law to understand the unique labour mobility and to test the relationship between Human Resource Management(HRM) practice and the performance among TVEs.

Variable Speed of Light with Time and General Relativity

In a previous article entitled: “Evidences for varying speed of light with time” [1], a series of observational evidence was presented in favor of the hypothesis that the speed of light varies with time according to the relationship dc/dt = -Hc, where H is the Hubble constant which is considered a universal constant. In this paper we propose to elaborate on the observational evidence supporting the hypothesis, and to probe the consequences of this relationship on General Relativity. Also we will provide a theoretical justification of the previous relationship and we will show how from it we can deduce galactic velocity curves. We can deduce the important empirical Tully-Fisher relation linking these curves to the baryonic mass of the galaxy and we can justify the apparent accelerated expansion of the universe without intervening elusive entities such as dark matter and dark energy.

The General Theory of Law and Its Development in China

Study of the general theory of law,as an independent branch of legal research,originated in Germany in the mid to late 19th century,and thereafter became a widely propagated and well-developed subject in countries such as the UK and the US.Scholars from the Soviet Union combined the general theory of law with Marxist philosophy and adapted it from an analytical legal theory to a social legal theory.The inheritance and development of the general theory of law in China went through three stages.Specifically,from the 1950s to the early 1960s,the jurisprudence community fully adopted the legal theories promoted by the Soviet Union;from the early 1980s to the late 1990s,the studies reflected upon past theories and sought advancement;and from the late 1990s to present,research has adopted a more open and innovative approach.In addition,the philosophy of law and other interdisciplinary subjects have gradually become dominant research paradigms.A review and compilation based on the evolution of theories of legal relations showed that the study of the general theory of law in China is closely associated to the historical rate of progress of the practice of rule of law and jurisprudence in China.The overall framework of the research is deeply influenced by the model of“theories of the Soviet+civil-law prototypes”.In addition,the research methods have evolved from investigations utilizing a single approach to processes combining various approaches.The general theory of law is far from a“relic of history,”and corresponding in-depth research is recommended for future jurisprudence study in China.

新时代中国国际法学科体系的构造

构造新时代中国国际法学科体系,既是为了进一步落实习近平有关学科建设的指示精神,也是为了改变国际法在整个法学体系中的地位与中国世界大国的地位不相称的状况,以及弥补我国涉外法治人才严重短缺的短板。中国国际法学科体系的构造,需要进一步厘清涉外法、涉外法治、对外关系法、国内法与国际法的关系,以及涉外法学、国际法与法学一级学科的关系。在中国国际法学科体系构造的过程中,最为重要的是构建国际法学一级学科专业。未来中国国际法学发展的任务主要包括:弘扬国际法治理念、为人类命运共同体的构建提供法治保障,传播中国国际法观、提升中国国际法理念的国际影响力,提高运用国际法的能力以及补齐涉外法治的短板等。涉外法治人才培养和推动国际法研究的理论创新,则成为今后中国国际法学者的应然使命。未来中国国际法学的发展方向涉及架设国际法与国内法沟通的桥梁、谨慎使用“涉外法学”名称,以及在国际法教育与研究中凸显中国的国际法理论与实践等。

Non-Recursive Relations Structure-Functionality

Non-recursive relations structure-functionality is an exclusive property of the recently introduced concept of boundedness. They provide a leading role of the hierarchy of the functional organization in the evolution of each and every complex system. The novel evolution strategy appears as a counterpart rather than as opponent to the survival of the fittest strategy because the survival of the fittest is more advantageous strategy in a slow varying environment while the novel strategy is more advantageous for a rapidly changing environment. Alongside, the non-recursive relations structure-functionality serves as grounds for coexistence of scaling dependent and scaling independent properties of complex systems.

习近平法治思想指导下国内法治与涉外法治的统筹推进——基于中国式现代化法治国家的构建视角

作为新时代习近平法治思想的重要组成部分,统筹推进国内法治与涉外法治是在准确把握国际国内两个大局的基础上,又立足法治中国建设的实践进程和面临的风险挑战,为更好地维护国家主权、安全和发展而提出的,对中国式现代化法治国家构建有着积极作用。既符合时代发展逻辑,更能加快法治中国建设步伐,有助于国际法治朝着良性轨道发展,是内蕴开放性、包容性和多元性理念的关键选择。统筹推进国内法治与涉外法治,应当在习近平法治思想指导下,以党的二十大精神为指引,以构建中国式现代化法治国家为出发点和落脚点,以厘清国内法治与涉外法治间的相互关系为基本逻辑,以明晰与完善国内国际双重法律规制为具体实践路径。不仅要重点解决国内法治与国际法治的良性对接问题,完善国内法律体系以应对国际法治变革,更要认真审视国际法律规范在我国域内的适用,积极推动国际法规则的发展演进。

Analysis on the Problems of Agent Performance in Administrative Law

With the rapid development of modem social politics and economy,agent performance has been a need of the People's Republic of China's administrative law enforcement and the public.Its form is relatively mild,and it is the product formed in the field of modem administrative law enforcement.The contemporary agent performance system has been playing an important role in environmental protection and traffic safety,which can save administrative costs to a certain extent,improve the efficiency of law enforcement,as well as effectively protect the legitimate rights and interests of the obligee.In spite of this,agent performance in China's administrative law has gained a lot of space for development,but there are many aspects that still need continuous development and improvement such as the subject,procedure,and cost of agent performance.This article focuses on the issue of agent performance as well as analyzes the subject,procedure,and cost of agent performance in administrative law of the People's Republic of China in aiming to promote the development of agent performance in administrative compulsory law of the People's Republic of China.

论新质生产力基础上的“新质民主”与“新质法治”的辩证统一

从分析“新质生产力”的性质、内涵、特征、构成要素及意义出发,运用马克思主义立场、观点和方法,坚持习近平法治思想为指导,可以明确提出“新质生产力”的出现和发展可能引起“新质生产关系”的形成,继而通过“新质经济基础”推动上层建筑朝着“新质上层建筑”转变的重大法理判断。“新质生产力”所引发的社会变革是客观规律,民主与法治作为上层建筑的重要组成部分,也会随着“新质生产力”的不断发展而日益呈现“新质民主”与“新质法治”的特征。“全过程人民民主”是“新质民主”的重要标志,而数字法治、涉外法治构成了“新质法治”的核心要素。法学界要及早规划、超前研究,对“新质生产力”发展可能引发的包含了民主与法治等要素在内的上层建筑可能发生的深远影响,从法理上进行深入分析并拿出切实可行的应对方案。