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An Empirical Analysis of the Impact of the Contract Book of the Civil Code on Labor Dispute Trial Practices:A Study of Four Hundred Judgments
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作者 Wang Qilin 《Contemporary Social Sciences》 2023年第4期69-87,共19页
Interpretation(I)of the Supreme People’s Court of Issues Concerning the Application of Law in the Trial of Labor Dispute Cases allows for the application of pertinent laws and regulations,including the Civil Code of ... Interpretation(I)of the Supreme People’s Court of Issues Concerning the Application of Law in the Trial of Labor Dispute Cases allows for the application of pertinent laws and regulations,including the Civil Code of the People’s Republic of China(hereinafter referred to as the“Civil Code”),in labor dispute cases.This has resolved the controversy over the relationship between civil law and labor law in academic and practical communities.In view of this development,we examined four hundred judicial documents,analyzing the focal points of disputes,the reasoning behind judgments,applicable laws,and judgment results.Our study identified seven impacts of the Contract Book of the Civil Code on labor dispute trial practices,exploring the underlying logic behind these changes and proposing policy suggestions to promote consistent judgments across jurisdictions,enhance judicial credibility,and encourage employers to govern enterprises in compliance with the law while empowering employees to safeguard their rights in accordance with relevant laws and regulations. 展开更多
关键词 civil Code Contract Book labor dispute applicable laws trial practices
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General Provisions of the Civil Law and Commercial Legislation: Consensus, Problems and Options——Taking Commercial Agency as an Example
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作者 Zhong Kai Ge Hongquan 《Contemporary Social Sciences》 2019年第4期75-99,共25页
In the context of the codification of China's Civil Code, the academic consensus has been to make commercial legislation systematic and establish commercial norms with proper legislative expression. Many direct an... In the context of the codification of China's Civil Code, the academic consensus has been to make commercial legislation systematic and establish commercial norms with proper legislative expression. Many direct and indirect commercial norms in General Provisions of the Civil Law provide evidence that civil law has been turned into commercial law. However, a general overview shows that the absence of related norms, including agency in duty, reveals that General Provisions of the Civil Law is lacking commercial law's characteristics. In addition to the Civil Code, using General Rules of Commercial Law is a relatively reasonable choice for commercial legislative arrangements, such as norms in relation to agency in duty. Taking commercial agency as an example, legislators should adopt problem-oriented and limited systematic patterns of "residue law" instead of unified patterns of codification. 展开更多
关键词 GENERAL Provisions of the civil law GENERAL Rules of COMMERCIAL law AGENCY in DUTY COMMERCIAL AGENCY
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The Notion of Efficiency in China’s Civil Law Scholarship
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作者 Xiong Bingwan Wang Jian 《Contemporary Social Sciences》 2020年第1期1-26,共26页
The pursuit of economic efficiency is the major driver for the birth of contemporary Chinese civil law.Contemporary civil law scholarship has demonstrated a serious concern for efficiency from the very beginning.Howev... The pursuit of economic efficiency is the major driver for the birth of contemporary Chinese civil law.Contemporary civil law scholarship has demonstrated a serious concern for efficiency from the very beginning.However,many examples suggest that the notion of economic efficiency is often diluted or replaced by factors like civil law doctrinal scholasticism,moral notions,inertial thinking of the planned economy or the will of the leader.It has not been systematically attended to or expressed in a detailed and precise way in the contemporary civil law scholarship in China,rendering some economic judgments uneconomical.In the 21 st century,it is necessary for the civil law studies to establish a clearer and more precise notion of efficiency,to conduct more direct and accurate evaluations on civil laws’incentives on people’s behaviors and their socio-economic effects,so as to reduce the cost of social interactions and promote deeper cooperation and winwin outcome among individuals. 展开更多
关键词 Chinese civil law scholarship individual autonomy notion of efficiency notion of fairness the principle of proportionality
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Research on the Operation Mechanism of Claim in Civil Procedure Law and the Applications on Court Trial Way Reform
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作者 Dan Liu 《International Journal of Technology Management》 2016年第4期10-12,共3页
In this paper, we conduct research on the operation mechanism of claim in civil procedure law and the applications on the court trial way reform. The ultimate goal of the rule of law lies in identifying and protecting... In this paper, we conduct research on the operation mechanism of claim in civil procedure law and the applications on the court trial way reform. The ultimate goal of the rule of law lies in identifying and protecting the rights of citizens. Way to protect the rights of citizens is diverse, but the judicial relief is the most basic and important form of insurance. Everyone can “into” the court and get the impartiality of the judicial relief, is a measure of a country judicial level height and the rule of law implementation degree of important yardstick. Judicial system and judicial procedure to build and build a better, if the subject of litigation rights are not being met and the safeguard, can’t get through the door and it is the legislators and legal scholars over the many efforts are meaningless, under this basic condition, we propose the new perspective on the corresponding issues that is necessary. 展开更多
关键词 Operation Mechanism civil Procedure COURT TRIAL WAY REFORM law Optimization
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On China’s Civil Law Codification and the Development of China’s Civil Law Scholarship
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作者 Wang Liming Wang Jian 《Contemporary Social Sciences》 2020年第3期99-119,共21页
The development of the theoretical system of civil law scholarship and the codification of civil law are closely related and of promotional function to each other.The codification of civil law can promote the systemat... The development of the theoretical system of civil law scholarship and the codification of civil law are closely related and of promotional function to each other.The codification of civil law can promote the systematization of civil law scholarship,perfection of the value system,development and modernization of civil law studies,and the systematization of legal hermeneutics.The subjectivity of China’s civil law scholarship,i.e.,the notions of problem-orientation,nativeness,practice,the times and innovations,can be improved during China’s civil law codification.The codification of civil law can promote the development of a theoretical system of civil law scholarship with Chinese characteristics,including the development of diversified elements such as values,content,system,hermeneutics and methods of civil law. 展开更多
关键词 the codification of civil law the system of the civil law scholarship the value system SUBJECTIVITY
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A SUMMARY OF THE CIVIL AVIATION LAW
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作者 Ma Zheng,Law and Ordinance Department of CAAC 《China's Foreign Trade》 1996年第6期39-40,共2页
Early in 1979,China beganconsidering the drawing up of alaw to govern and standardize theactivities of its civil air operations. At that time,air legislation wassomething nonexistent in China.Thedraft team assembled f... Early in 1979,China beganconsidering the drawing up of alaw to govern and standardize theactivities of its civil air operations. At that time,air legislation wassomething nonexistent in China.Thedraft team assembled forces totranslate the air laws of various foreigncountries,including the United States,Britain,Japan and the former SovietUnion,and the relevant internationalconventions,and conducted a deep-going study of them.They also madeinspection tours of the United States,Canada,Britain and Germany.Onthe basis of the study of and withreference to the advanced legislativepractices in foreign countries,thedraft team put forward its first draft ofthe air law in July 1983,in accordancewith the actual conditions of thecountry.It was not,however,submitted to an executive meetingof the State Council for examinationand discussion because a series ofmajor problems such as air trafficcontrol and the control over theairworthiness of aircraft,had to befurther investigated and studied. 展开更多
关键词 A SUMMARY of the civil AVIATION law OVER
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System dynamics simulation of the civil-military integrated innovation system of military enterprises
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作者 张纪海 王超 《Journal of Beijing Institute of Technology》 EI CAS 2013年第1期106-113,共8页
Civil-military inosculation of military enterprises benefits national defense industries by promoting the building of civil-military inosculation innovation system. To analyze the operation mechanism of the civil-mili... Civil-military inosculation of military enterprises benefits national defense industries by promoting the building of civil-military inosculation innovation system. To analyze the operation mechanism of the civil-military integrated innovation system of the military enterprises under the new situation, the system dynamics method is used to study the feedback relations among the factors and structure of the system and the Anylogic software is used to establish the simulation model . The simulation results indicate that: the degree of enthusiasm of private enterprises to participate in the defense industry, the degree of information sharing and the degree of cooperation between the mili- tary enterprises and universities and research institutions are extremely important in the civil-military integrated innovation system. According to the simulation results, some targeted suggestions are put forward to strengthen the innovational civil-military integrated system building of the military enter- prises. 展开更多
关键词 civil-military integration INNOVATION system dynamics military enterprises
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Planning of R & D Industrial Parks Under the Civil-Military Integration Strategy
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作者 CHE Lu LI Jiahua 《Journal of Landscape Research》 2019年第1期24-28,共5页
The construction of industrial parks under the civil-military integration strategy is based on the combination of military technology and civil technology. Such an industrial park is a new urban functional area produc... The construction of industrial parks under the civil-military integration strategy is based on the combination of military technology and civil technology. Such an industrial park is a new urban functional area produced in the context of civil-military integration. Compared with industrial parks in the usual sense, it pays more attenteon to scientific research, innovation, cooperation and communication. In this paper, through in-depth analyses of relevant literature and domestic actual situation, the industrial park's basic advantages and external environmental policies were interpreted, and the application prospect and practical significance of the current civil-military integration policy were analyzed based on the platform strategy of the civil-military integration industrial park. With R & D industrial parks as the object of study, this paper clarified the management of enterprises in this type of parks and the support provided by the parks, sorted out the industrial park planning plan under the civil-military integration strategy in accordance with the current economic situation and policy orientation, and finally reached the conclusion that the construction of the construction of R & D industrial parks under the civil-military integration strategy is a new growth point that will drive the deepening reform of the national economy and the sustained development of the national economy. 展开更多
关键词 civil-military integration Industrial PARK PLATFORM STRATEGY
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On the protection of the right of privacy of patients by the civil law
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作者 Liu Lina 《International English Education Research》 2015年第8期53-54,共2页
关键词 隐私权 患者 保护 法律 医疗机构 医药产业 民法
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The New Perspective in the Construction of NIS: Civil-military Integration 被引量:1
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作者 Haijun Lv Zhixia Gan 《Chinese Business Review》 2005年第3期32-34,共3页
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Noether-Type Symmetries and Associated Conservation Laws of Some Systems of Nonlinear PDEs
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作者 MEI Jian-Qin 《Communications in Theoretical Physics》 SCIE CAS CSCD 2009年第3期495-498,共4页
为经由与部分 Lagrangian 联系的 Noether 类型对称操作员构造 Euler Lagrange 类型方程的能量守恒定律的算法被介绍了。作为应用程序,非线性的部分微分方程的一些重要系统的许多新能量守恒定律被获得了。
关键词 非线性偏微分方程 守恒定律 对称性 系统 拉格朗日 算法构造 法律保护 运营商
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The Protection of the Right to Dignity in the Connection and Interaction between the Constitution and Civil Law
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作者 刘志刚 LI Man 《The Journal of Human Rights》 2017年第6期545-548,共4页
In the report of 19;National Congress of the Communist Party of China,General Secretary Xi Jinping said that China seeks to"accelerate development of the crime prevention and control system,combat and punish in a... In the report of 19;National Congress of the Communist Party of China,General Secretary Xi Jinping said that China seeks to"accelerate development of the crime prevention and control system,combat and punish in accordance with law all illegal and criminal activities such as pornography,gambling,drug abuse,gang violence,kidnapping,and fraud,and protect people’s personal rights,property rights,and right 展开更多
关键词 In the Protection of the Right to Dignity in the Connection and Interaction between the Constitution and civil law
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A Probe into the Issue of Socialist Rule of Law and the Reform of Legal System
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作者 Xiaoxing Xie 《International Journal of Technology Management》 2017年第1期75-76,共2页
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On the Integrated Learning of English and Law
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作者 杜朝明 《英语广场(学术研究)》 2012年第5期47-48,共2页
This paper centers on the integrated learning of English and law in China.Firstly,it outlines the importance of English in the solution of the ever increasing legal disputes between China and the outside world,which i... This paper centers on the integrated learning of English and law in China.Firstly,it outlines the importance of English in the solution of the ever increasing legal disputes between China and the outside world,which inevitably involves an integrated learning of English and law.Secondly,it points out that the content of legal English reflects a combination of legal knowledge and English skills.Thirdly,it expounds on the difficulties that Chinese English majors are facing in the process of learning English and law simultaneously and furnishes some practical suggestions. 展开更多
关键词 integrated learning of English and law CONTENT DIFFICULTY SUGGESTION
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Effects of Strain Rate and Fiber Content on the Dynamic Mechanical Properties of Sisal Fiber Cement-Based Composites
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作者 Yubo Zhang Ping Lei +1 位作者 Lina Wang Jiqing Yang 《Journal of Renewable Materials》 SCIE EI 2023年第1期393-410,共18页
In this paper,a split Hopkinson pressure bar(SHPB)was used to investigate the dynamic impact mechanical behavior of sisal fiber-reinforced cement-based composites(SFRCCs),and the microscopic damage evolution of the co... In this paper,a split Hopkinson pressure bar(SHPB)was used to investigate the dynamic impact mechanical behavior of sisal fiber-reinforced cement-based composites(SFRCCs),and the microscopic damage evolution of the composites was analyzed by scanning electron microscopy(SEM)and energy-dispersive X-ray spectrome-try(EDS).The results show that the addition of sisal fibers improves the impact resistance of cement-based composite materials.Compared with ordinary cement-based composites(OCCs),the SFRCCs demonstrate higher post-peak strength,ductility,and energy absorption capacity with higher fiber content.Moreover,the SFRCCs are strain rate sensitive materials,and their peak stress,ultimate strain,and energy integrals all increase with increasing strain rate.From the perspective of fracture failure characteristics,the failure of OCCs is dominated by the brittle failure of crystal cleavage.In contrast,the failure mode of the SFRCCs changes to microscale matrix cracks,multi-scale pull-out interface debonding of fibers(fine filaments and bundles),and mechanical interlock.This research provides an experimental basis for the engineering application of high-performance and green cement-based composites. 展开更多
关键词 Sisal fiber cement-based composites SHPB energy integration microstructure damage evolution law
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Mathematical Aspects of SU (2) and SO(3,R) Derived from Two-Mode Realization in Coordinate-Invariant Form
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作者 Alfred Wünsche 《Journal of Modern Physics》 CAS 2023年第3期361-413,共53页
Some mathematical aspects of the Lie groups SU (2) and in realization by two pairs of boson annihilation and creation operators and in the parametrization by the vector parameter  instead of the Euler angles and ... Some mathematical aspects of the Lie groups SU (2) and in realization by two pairs of boson annihilation and creation operators and in the parametrization by the vector parameter  instead of the Euler angles and the vector parameter c of Fyodorov are developed. The one-dimensional root scheme of SU (2) is embedded in two-dimensional root schemes of some higher Lie groups, in particular, in inhomogeneous Lie groups and is represented in text and figures. The two-dimensional fundamental representation of SU (2) is calculated and from it the composition law for the product of two transformations and the most important decompositions of general transformations in special ones are derived. Then the transition from representation of SU (2) to of is made where in addition to the parametrization by vector  the convenient parametrization by vector c is considered and the connections are established. The measures for invariant integration are derived for and for SU (2) . The relations between 3D-rotations of a unit sphere to fractional linear transformations of a plane by stereographic projection are discussed. All derivations and representations are tried to make in coordinate-invariant way. 展开更多
关键词 Boson Operators Lie Algebra Root Diagram Invariant integration Hamilton-Cayley Identity Cayley-Gibbs-Fyodorov Parametrization Composition law Quaternion Stereographic Projection Fractional Linear Transformation
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Integrating Factors and Conservation Laws of Generalized Birkhoff System Dynamics in Event Space 被引量:5
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作者 ZHANG Yi 《Communications in Theoretical Physics》 SCIE CAS CSCD 2009年第6期1078-1082,共5页
在这篇论文,在事件空格的概括 Birkhoff 系统的能量守恒定律被使用集成因素的方法学习。第一,概括 Pfaff Birkhoff 原则和概括 Birkhoff 方程被建立,并且为系统的集成的因素的定义被给。基于集成因素的概念,第二,为结果空间的概括 ... 在这篇论文,在事件空格的概括 Birkhoff 系统的能量守恒定律被使用集成因素的方法学习。第一,概括 Pfaff Birkhoff 原则和概括 Birkhoff 方程被建立,并且为系统的集成的因素的定义被给。基于集成因素的概念,第二,为结果空间的概括 Birkhoff 系统的保存定理和他们的逆详细被介绍,并且在能量守恒定律和系统的集成的因素之间的关系被获得,为集成的因素的决心的概括杀死的方程被给。最后,一个例子被给说明结果的申请。 展开更多
关键词 BIRKHofF系统 系统动力学 广义 BIRKHofF方程 事件空间 守恒定律 因子和 积分
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Revisiting the Curie-Von Schweidler Law for Dielectric Relaxation and Derivation of Distribution Function for Relaxation Rates as Zipf’s Power Law and Manifestation of Fractional Differential Equation for Capacitor 被引量:1
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作者 Shantanu Das 《Journal of Modern Physics》 2017年第12期1988-2012,共25页
The classical power law relaxation, i.e. relaxation of current with inverse of power of time for a step-voltage excitation to dielectric—as popularly known as Curie-von Schweidler law is empirically derived and is ob... The classical power law relaxation, i.e. relaxation of current with inverse of power of time for a step-voltage excitation to dielectric—as popularly known as Curie-von Schweidler law is empirically derived and is observed in several relaxation experiments on various dielectrics studies since late 19th Century. This relaxation law is also regarded as “universal-law” for dielectric relaxations;and is also termed as power law. This empirical Curie-von Schewidler relaxation law is then used to derive fractional differential equations describing constituent expression for capacitor. In this paper, we give simple mathematical treatment to derive the distribution of relaxation rates of this Curie-von Schweidler law, and show that the relaxation rate follows Zipf’s power law distribution. We also show the method developed here give Zipfian power law distribution for relaxing time constants. Then we will show however mathematically correct this may be, but physical interpretation from the obtained time constants distribution are contradictory to the Zipfian rate relaxation distribution. In this paper, we develop possible explanation that as to why Zipfian distribution of relaxation rates appears for Curie-von Schweidler Law, and relate this law to time variant rate of relaxation. In this paper, we derive appearance of fractional derivative while using Zipfian power law distribution that gives notion of scale dependent relaxation rate function for Curie-von Schweidler relaxation phenomena. This paper gives analytical approach to get insight of a non-Debye relaxation and gives a new treatment to especially much used empirical Curie-von Schweidler (universal) relaxation law. 展开更多
关键词 Power law RELAXATION RATE Distribution FRACTIONAL Derivative FRACTIONAL integration Curie-Von Schweidler law Time-Constants Laplace INTEGRAL Zipf’s law INTEGRAL Representation Time Dependent RELAXATION RATE Scale Dependent RELAXATION RATE Non-Debye RELAXATION
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Characterization of Type p Banach Spaces by the Weak Law of Large Numbers
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作者 Gan Shi-xin School of Mathematics and Statistics, Wuhan University, Wuhan 430072, Hubei, China 《Wuhan University Journal of Natural Sciences》 EI CAS 2002年第1期14-19,共6页
For weighted sums of the form ?j = 1kn anj Xnj\sum {_{j = 1}^{k_n } } a_{nj} X_{nj} where {a nj , 1 ?j?k n ↑∞,n?1} is a real constant array and {X aj , 1≤j≤k n, n≥1} is a rowwise independent, zero mean, rando... For weighted sums of the form ?j = 1kn anj Xnj\sum {_{j = 1}^{k_n } } a_{nj} X_{nj} where {a nj , 1 ?j?k n ↑∞,n?1} is a real constant array and {X aj , 1≤j≤k n, n≥1} is a rowwise independent, zero mean, random element array in a real separable Banach space of typep, we establishL r convergence theorem and a general weak law of large numbers respectively, conversely, we characterize Banach spaces of typep in terms of convergence inr-th mean and probability for such weighted sums. 展开更多
关键词 Key words Banach space of typep array of random elements weighted sums weak law of large numbers {a nj } uniform integrability L r convergence convergence in probability
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Study on the Development of the Chip Information Industry Based on Moore’s Law
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作者 Guowang Zeng Shihong Zeng 《Journal of Computer and Communications》 2017年第14期39-47,共9页
Chips are the carriers of ICs (integrated circuits). As a result of design, manufacturing, and packaging and testing processes, chips are typically wholly independent entities intended for immediate use. According to ... Chips are the carriers of ICs (integrated circuits). As a result of design, manufacturing, and packaging and testing processes, chips are typically wholly independent entities intended for immediate use. According to known data, one unit of chip output can drive up to ten units of output in the electronic information industry and 100 units of GDP (Gross Domestic Product). The Chip Information Industry is a strategic industry in most developed countries in Europe and North America. The development of the Chip Information Industry is related to national economies and personal livelihoods. Moore discovered a certain trend after analyzing data: in general, every newly produced chip has twice the capacity of the previous generation, and it takes 18 to 24 months for the next generation to be subsequently invented. This trend has come to be known as Moore’s Law. It applies not only to the development of memory chips but also to the evolutionary paths of processor capability and disk drive storage capacity. Moore’s Law has become the basis of performance prediction in several industries. However, since 2011, the size of silicon transistors has been approaching its physical limit at the atomic level. Due to the nature of silicon, additional breakthroughs in the running speed and performance of silicon transistors are severely limited. Elevated temperature and leakage are the two main sources that invalidate Moore’s Law. To counter these issues, This paper analyzes specific problems challenges in the Chip Information Industry, including the development of carbon nanotube chips and fierce competition in the international Chip Information Industry. In addition, this paper undertakes a critical analysis of the Chinese Chip Information Industry and countermeasures to Chinese Chip Information Industry development. 展开更多
关键词 Moore’s law CHIP Integrated CIRCUITS CHIP INFORMATION INDUSTRY Development
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