STRONG LAW OF LARGE NUMBERS AND ASYMPTOTIC EQUIPARTITION PROPERTY FOR NONSYMMETRIC MARKOV CHAIN FIELDS ON CAYLEY TREES

Some strong laws of large numbers for the frequencies of occurrence of states and ordered couples of states for nonsymmetric Markov chain fields （NSMC） on Cayley trees are studied. In the proof, a new technique for the study of strong limit theorems of Markov chains is extended to the case of Markov chain fields, The asymptotic equipartition properties with almost everywhere （a,e.） convergence for NSMC on Cayley trees are obtained,

Mechanical Properties of Simple s-p Metals, and Defect Energies from Electron Theory and from Interatomic Force Laws

The cleavage force F(z) needed to separate parallel atomic planes by a distance z is first discussed for simple s-p metals using density functional theory.For the s-p nearly free-electron metals the linearized Thomas-Fermi equation is solved self-consistently in the cases of (a) semi-infinite planes of jellium (i.e. smeared uniform positive ions) and (b) a semi-infinite cylinder of finite radius, cleaved by a plane perpendicular to its axis. In (a), the elastic region has the form F(z)=Az ∝ Zrs-11/2, where rs is the mean interelectronic distance in the jellium model. Size effects are then considered, with possible relevance to atomic force microscopy.Defect energies are treated, using both electron theory and pair force laws.

THERMAL PROPERTIES AND TEMPERATURE DISTRIBUTION OF SNOW/FIRN ON THE LAW DOWE ICE CAP, ANTARCTICA

Based on detailed measurements of density and a numerous data on temperature in shallow boreholes (about 20m deep), the thermal properties and temperature distribution of snow / firn layer on the Law Dome ice cap, Antarctica, are discussed. According to a review of works on thermal properties of snow by Yen (1981), a relationship between thermal conductivity (K) and density (ρ) is proposed to be expressed by a formula, K=0.0784+2.697/ρ2. Then an eqation of heat transfer in a deformed ununiform medium is applied and solved analytically by two approaches. Comparison of calculated and measured temperatures indicates that the difference is mainly dependent on the determination of boundary donditions.

A Brief Analysis about the Public Property Attribute of the Fiscal and Taxation Law

From the date of birth, the fiscal and taxation law in China is always rooted in Chinese land, Chinese resources and aimed at solving Chinese problem.As a famous scholar on the fiscal and taxation law professor Jianwen liu once said： ＂the fiscal and taxation law is a very important law, it not only involves the entire country macro economic operation but also involves the interests of families and everyone＇s interests.＂This article will combine professor Jianwen Liu＇ s research results in the past two years, from the view of the field of law to discuss why the fiscal and taxation law known as public property.

The Development of China's Intellectual Property Law over the Past Forty Years of Reform and Opening Up

Over the past forty years of reform and opening-up,China has experienced vigorous development of Intellectual Property Law.During this period,it has successively enacted and promulgated a range of basic laws,among which are the Trademark Law of the PRC,the Patent Law of the PRC,the Copyright Law of the PRC and the AntiUnfair Competition Law of the PRC; and many other related laws and regulations,such as the Regulations of the PRC on the Protection of New Varieties of Plants,Regulations on Protection of Integrated Circuit Layout Design and Provisions on the Protection of Geographical Indication Products.In this way,China has gradually established a relatively sound and complete intellectual property law system.Since the beginning of reform and opening-up,China's practice of intellectual property legislation has adhered to its institutional positioning of being subject to its civil law,safeguarding effective market competition and ensuring the implementation of national strategies.It has followed the development rules of relying on scientific & technological progress,targeting economic and social development and adjusting public policies for guiding purposes.Thanks to this,China has formed multiple coordinating mechanisms to settle conflicts of interests between the protection of intellectual property rights(IPR) and the protection of basic human rights,public health,genetic resources,traditional knowledge,etc.In the future development of China's intellectual property law,a trend of codification will emerge,which will primarily "include intellectual property law in the civil code" or "enact an intellectual property code." The modernization of China's Intellectual Property Law will be manifested in the changes of the defining standard of Intellectual Property Rights(IPR)subjects,the utilization patterns of IPR objects and the protection models of intellectual property.This internationalization will center on creating a new order for international IPR protection.

Landmark Law Provides Equal Safeguards to Public,Private Property

Atier more than a quarter-century of market-oriented economic policies and unprecedented economic growths, China on March 15, 2007enacted its first law that provides equal legal safeguards to both public and private properties. The 247-article People＇s Republic of China Property Law, which is due to come into effect as of October 1, 2007, stipulates that ＂the property of the State, the collecfive, the individual and other obligees shall be protected by law, and no units or individuals may infringe upon it＂.

Intangible Property: Protection of Virtual Property in Electronic Games in China and US

With blossoming of the electronic games,the strategy of game developer preference is that the player uses real money to buy the virtual property in the game.The purpose for the strategy which keeping the game promote and developing the game system on the platform to attract more users.With the increasing amount of game,the main strategy is same.The chain,the End User License Agreement(EULA)which between the game developer and player is vital.EULA used to rule that the virtual property is belong to the game developer.However,for now,the virtual property has different acquisition way,“all virtual property belongs to the developer”since already unfair.Staring from the first virtual property lawsuit in China,this paper introduces the virtual property of electronic game and legal protection in US and China.Second,discussion the reasons to protection virtual property and provide proposals for a potential legislative solution in China.At the end,this paper presents the reason that copyright law not suitable to protect the virtual property.

Timberland Investing and Private Property Rights in the United States of America

Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.

Fundamental kinematics laws of interstitial fluid flows on vascular walls

In the previous studies,the phenomenon that the interstitial fluid(ISF)can flow along tunica adventitia of the arteries and veins in both human and animal bodies was reported.On the basis of these studies,this paper aims to:(i)summarize the basic properties of the ISF flows in the walls of arteries and veins,(ii)combine the basic properties with axiomaticism and abstract the axiom for ISF flows,and(iii)propose three fundamental laws of the ISF flow,(i.e.,the existence law,the homotropic law and the reverse law).The three laws provide solid theoretical basement for exploring the kinematic patterns of interstitial fluid flow in the cardiovascular system.

Effect of Alternation of Aging and Seawater Erosion on Properties of Rubber Material Used in Lead Rubber Bearing

An artificially accelerated alternation of aging and seawater erosion test of rubber materials used in lead rubber bearing(LRB)was performed,mainly to study the time-varying laws of rubber materials mechanical properties.Time-varying laws of the Mooney–Rivlin and Neo-Hookean constitutive parameters of rubber materials under the alternation of aging and seawater erosion were also analyzed.Results indicate that the rubber material mechanical properties were significantly affected by alternation of aging and seawater erosion.Hardness and elongation stress increased exponentially with test time.And 120 days after the test,the hardness increased by 14%,the maximum percentage increase in stress of 124.76%occurred at 100%constant elongation and the minimum percentage increase in stress of 68.32%occurred at 300%constant elongation;Tensile strength and elongation at break decreased by 44.96%and 53.09%.Besides,constitutive parameters of Mooney–Rivlin and Neo-Hookean all changed greatly with test duration.Finally,time-varying laws of constitutive parameters were verified by comparing the simulated and experimental results of the lead rubber bearing’s stiffness.Research results are of great significance to the seismic performance research and life-cycle performance analysis of offshore traffic engineering such as cross-sea bridges and bridges in the marine environment.

Effect of Particle Phase Volume, Shape and Liquid Phase Concentrations on Rheological Properties of Large Particulate-Liquid Model Food Systems by Using Ball Measuring System

Rheological properties of large particulate-liquid model food systems were studied by using the BMS （ball measuring system）. The model food systems were composed of alginate gel particles （-10mm） and a gelatinised starch solution with 1% w/w sodium chloride as a liquid phase. The effects of particle phase volume （Ф, 0-0.60）, particle shapes （cube, sphere, rod and disc） and starch concentrations （3% and 5% w/w starch） were investigated. The power law model was successfully applied to characterize the flow properties of each system and the consistency K and power law index n were obtained. The K increased and n decreased with increasing # for samples at all particle shapes at 3% w/w starch in the liquid phase. The particle effect on the viscosity is further analysed by means of the Krieger-Dougherty model and the maximum packing fraction #,, and the intrinsic viscosity [η] were obtained in each system. The Фm, depended on the particle shape, as expected. The [7] value depended on particle shape and was largely in the order of 4.04 （cube）, 3.28 （disc）, 2.56 （sphere） and 2.32 （rod） at 3% w/w starch. The [η] also depended on starch concentration and was 1.1 at 5%,6 w/w starch in the liquid phase with spherical particles. The present results show successful application of BMS to study the rheological properties of large particulate liquid food systems at relatively small scale experiment （-0.5 L） and also that existing models for suspension rheology are applicable for such food systems to a great extend.

Contentious Discourses： Signifying on the Law in African American Writing

African American narratives are peopled with subjectivities struggling to retrieve and reconstruct themselves as persons--and thus citizens--through and against American legal narratives, where personhood and citizenship are concerned. Thus, there was the problematic for blacks of how to apply citizenship to their corporeal existence when they were labeled as property. The historical legal narrative of America was constructed on the power of the dominant white elite to prevent the emergence of a narrative of African American life other than that which they authorize, legislate, and narrate. To this end, it has been argued, that narratives in African American literature treat the question of the legal status of African Americans or have it as a fundamental trope of struggle in the narrative. This idea suggests that the law＇s ability as a shaper and determinant of African American social identity, presets the narrative base for African American narrative. This paper examines the relationship between ＂＇laws of separations＂, and African American narrative through a rereading of works of two contemporary novelists, Toni Morrison and Gloria Naylor. Their works, the author argue, are counter-positioned narratives that create contentious dialogue and elaborate the way in which segregationist codes and Jim Crow laws are grounded in the very nature of citizenship for African Americans.

Brief Analysis on the Right of Privacy in a Perspective of Law and Economic

The development of the technology of network had been of great convenience to get access to information. However, it was undeniable that a bad phenomenon had become even more and more serious that others＇ information would be obtained by illegal means, and the research on the protection of privacy had increasingly aroused people＇s concern. The right of privacy not only had the usually outside personality characteristics, but also had a certain characteristics of property. This paper had attempted to study the right of privacy from the perspective of law and economics by interpreting the property in the right of privacy, in order to perfect the protection system of privacy in our country.

“平台经济+数字知识产权”的反垄断问题研究

基于平台、算法和数据所产生的三元要素融合的市场竞争问题,既涉及数字知识产权的取得和行使,又关系到数字经济领域的反垄断审查,后者表现出规制“平台经济+数字知识产权”的法律样态,其适用的法律和行政规章主要是《反垄断法》《关于知识产权领域的反垄断指南》《关于平台经济领域的反垄断指南》。上述领域的反垄断审查,具有法律、经济、技术等诸多考虑因素,执法机构应以“法律+规章”为指引,结合平台经济和数字知识产权特点来构建分析框架。中国反垄断执法案件分为行政处罚案件和司法裁判案件,表现出不同于传统经济领域的反垄断执法特点。立足当下及面向未来,在“平台经济+数字知识产权”领域须秉持“积极的包容审慎”执法立场、采取事后规制与事前规制相结合的监管模式,实施以反垄断监管为中心的综合治理。

论未来刑法学的十大着力点

刑法教义学是随着刑法的立法和司法不断向前发展的,在我国法治现代化的建设中,刑法理论对法治现实的指导意义得以彰显。本文根据我国刑法教义学的理论研究现状,对未来刑法学研究的十个重点问题进行了论述。这十个问题既包括刑法方法论等理论问题,也包括正当防卫、单位犯罪和共同犯罪等刑法总论问题和法定犯、财产犯和秩序犯等刑法各论问题,基本上涵盖了刑法理论的各个重要内容,对于我国刑法教义学的未来发展起到了路线图的作用。

法域协调视角下生成式人工智能产物涉知识产权问题研究——以ChatGPT为例

人类情感的表达是人类器官独有的自然反应,而并非是某种规则的产物。作品的认定应当包含作者的情感表达。现阶段的生成式人工智能并不具备情感表达能力,只是智能化程度更高的弱人工智能产品。其自身无法承担侵权责任,其生成物并不属于作品。随着科技的不断发展,带有情感的生成式强人工智能产品终有一天会被设计并投入使用,应对相关法律提前进行完善,以满足生成式强人工智能自身能够承担责任的需要。为了保证法律完善的顺利进行,应当坚持政策导向,并遵守法秩序统一性原则。具体完善路径包括:第一,肯定生成式强人工智能作为作者与被侵权人的主体地位;第二,应当明确生成式强人工智能在刑法上的地位,肯定其既可能成为刑法的犯罪主体,也能成为刑法中的被害人;第三,为生成式强人工智能设置专属的处罚方式。

数据产权刑法保护模式的构建

数据产权是一种具有财产权属性的新型权利,该权利与虚拟财产权和知识产权具有明显差异。数据产权属于刑法保护的公法益范畴,其应归属于市场经济秩序法益之中。现行刑法有关财产犯罪、知识产权犯罪和数据犯罪的规定均无法实现对数据产权的全面保护。刑法对数据产权的保护应以促进数据流通为主要目标,且应当覆盖数据处理的各流程阶段。对侵犯数据产权行为进行刑法规制时,应对“未经同意”获取数据行为审慎入罪。应增设妨害数据流通管理秩序罪,对“情节严重的”妨害数据流通管理秩序行为予以刑法规制。

生成式人工智能的专利法律问题思考

生成式人工智能在发明人主体资格、其生成物的可专利性及审查条件、权利归属、责任承担等方面对传统专利法律制度提出了挑战。生成式人工智能算法与其生成物的区分是讨论生成式人工智能专利法律问题的前提,发明人主体资格并不影响生成物中的技术方案作为专利法的保护客体。在审查条件方面,可以适当地采用综合对比原则以确保新颖性审查的准确性,调整“本领域技术人员”的拟制以提高创造性的审查标准,同时要坚持实用性的审查标准。在权利归属方面,经人工干预的发明,其专利权应当归属于发明人;未经人工干预的发明,应当参照适用职务发明和委托发明制度来确定其权利归属。在侵权责任方面,由于人工智能本身无法承担责任,应当将侵权责任分配至其背后的相关主体。

知识产权法治建设的三个维度

私权保护、国家治理和国际协调是知识产权法治建设中的三个维度。知识产权的本质是人们依法就智力活动成果享有的私权,其客体是通过知识创新或经营劳动产生的特定信息,制度运行中出现的抢占信息资源并将其包装成知识产权客体牟利的乱象应予以纠正。基于信息的无形性,知识产权保护通常需要首先确定客体范围边界,然后对权利人予以及时充分的救济,因此需要行政和司法机关提供专业、便捷的确权及公正、高效的保护。这一建立在“以公开换保护”基础上的公权力介入特色,使得知识产权制度成为国家治理工具。知识产权保护还与国际贸易紧密相关,这一领域存在诸多国际条约。法治建设不能脱离本土实践,应基于地域性原则,结合经济学、社会学等原理,寻求国内国际法治协调发展的共赢之道。

为形成新型生产关系提供数据法治保障

随着大数据、人工智能等数字技术的飞速发展与广泛应用,数据已成为推动经济社会发展的重要驱动力。数据不仅成为一种新型生产要素,而且还引发传统生产模式和生产主体关系发生变革,因此,必须形成与之相适应的新型生产关系。在此背景下,形成新型生产关系需要遵循数据法治逻辑,建立明晰的数据产权制度、合理的数据流通制度和公正的数据权益分配制度。为此,有必要制定综合性的数据法律规范、建立跨部门协同的数据治理机制、推动数据技术的负责任创新和构建数字化的权利救济机制。