Contrary to the approach in judicial practice,Paragraph 1,Article 153,of the Civil Code of the People’s Republic of China,as a rule of invalidity for violating mandatory provisions,does not adopt a dichotomy towards ...Contrary to the approach in judicial practice,Paragraph 1,Article 153,of the Civil Code of the People’s Republic of China,as a rule of invalidity for violating mandatory provisions,does not adopt a dichotomy towards mandatory provisions with effectiveness and administrative characteristics,yet it maintains the legislative philosophy of differentiation.It leaves unspecified whether mandatory provisions that do not explicitly render a juristic act invalid impact the act’s validity,entrusting this determination to the discretion of judges on a case-by-case basis.When judges,under the authority of Paragraph 1,Article 153 of the Civil Code,explore the normative intent of mandatory provisions to assess their effect on the validity of juristic acts,they should engage in legal policy analysis centered on consequence-based argumentation to overcome the limitations of norm typological analysis.This analysis employs a reasoning model predicated on the normative purpose,utilizing a consequencefocused interpretative approach for formulating and arguing propositions of rules applicable to pending cases,thereby arriving at case-specific conclusions.Since the invalidation of juristic acts serves as an auxiliary regulatory tool for the state economy and society,a consequence-oriented interpretation needs to be based on the idea of mutual instrumentalization of public and private laws.This entails predicting the outcomes of negating the validity of a juristic act in industrial regulatory scenarios and assessing these outcomes within the framework of public and private regulatory instruments.展开更多
Enterprise regulations and rules play a major role in corporate governance.However,in recent years,a large number of enterprise regulations and rules were illegal and were thus annulled by the court,and enterprises be...Enterprise regulations and rules play a major role in corporate governance.However,in recent years,a large number of enterprise regulations and rules were illegal and were thus annulled by the court,and enterprises bear related liability to pay compensations.The author analyzed and discussed the predicament of legitimacy in enterprise rules and regulations step by step in three aspects including the legal connotation of enterprise rules and regulations,legitimacy dilemma in the enterprise rules and regulations,measures should be taken by enterprises under the current law framework.The paper aims to provide ideas and thoughts for Chinese enterprises to overcome the legitimacy dilemma of enterprise rules and regulations and give full play to their important roles in corporation governance.展开更多
In this paper the relation is derived between quasi-parabolic regulation and the rule of increasing oxygenpotential. Using these rules in Co-O binary system the stability of compounds CoO and Co_3O_4 is examined.
Propelled by a combination of policy enablers,increasing investments,and the COVID-19 pandemic,the global financial technology(fintech) industry has entered a period of rapid growth in recent years.Yet it is important...Propelled by a combination of policy enablers,increasing investments,and the COVID-19 pandemic,the global financial technology(fintech) industry has entered a period of rapid growth in recent years.Yet it is important to note that poor regulation and weak supervision might produce risks and shocks to financial stability,business competition,social equity,and environmental resources.The encouraging approach toward fintech development adopted by major global economies over the past decade has ignored regulation to varying degrees,resulting in unbalanced and inadequate supervision,which has been falling short of meeting public concerns effectively.Since 2019,international discussions on how to regulate fintech have become more and more heated.It has been widely agreed that,to regulate fintech effectively,three pillars must be established—data,competition,and financial regulatory rules.Given the increasing challenges posed by large technology firms (big techs)to financial regulation,this paper proposes to prioritize entity-based regulation,with a focus on reforming the rules concerning operational resilience and competition.China should keep a close eye on international trends and learn to devise appropriate rules for entity-based regulation,which will prove necessary to guide the steady,sound,and sustainable development of its fintech industry.展开更多
Recently, international movement measures that may be causing tension between the of cargo had been the subject of increasing border control needs for security and the needs for trade facilitations. On the one hand cu...Recently, international movement measures that may be causing tension between the of cargo had been the subject of increasing border control needs for security and the needs for trade facilitations. On the one hand customs authorities are charged with the responsibility for policing a country＇s borders, and consequently they need to have in place measures to ensure that only legitimate trade takes place and that this trade does not present security concerns. On the other hand we have the requirements of traders, who benefit from an environment of trade facilitation with speedy and efficient movement of cargo across international borders, with minimal bureaucratic intervention. This paper focuses on and provides early discussion and comments on the possible ramifications of the introduction of the 24-hour rule in China, effective for all exports and imports of sea freight container traffic since January 1, 2009. The new rules will have significant impact on the logistics flows of exporters and importers alike. Specifically, the reporting requirements timelines are likely to result in increased costs in cargo processing at wharves that traders will have to bear; place added pressure on storage facilities at wharves, or at container depots; and may additionally increase the amount of inventory buffer because of the timing of the data reporting requirements. The paper concludes that security needs have prevailed over trade facilitation considerations and that traders should urgently implement a review of existing practices to ensure they comply with the China Customs requirements, whilst simultaneously minimizing cost increases.展开更多
新能源渗透率的提高增加了电网频率控制的复杂度,储能辅助电网调频能在一定程度上缓解该问题,但受储能运行的安全性与经济性约束,要求调频措施更具针对性。文中对此展开研究,提出一种基于频率响应特性的储能辅助电网一次调频方法。首先...新能源渗透率的提高增加了电网频率控制的复杂度,储能辅助电网调频能在一定程度上缓解该问题,但受储能运行的安全性与经济性约束,要求调频措施更具针对性。文中对此展开研究,提出一种基于频率响应特性的储能辅助电网一次调频方法。首先,在储能辅助电网调频模型基础上,选择惯性加下垂的储能辅助电网调频综合控制方法,通过电网频率变化率(rate of change of frequency,RoCoF)、频率偏差与调频需求的关联性分析,设计基于频率响应特性的调频需求分区规则;然后,根据不同调频需求对应的分区判断,对储能有功输出方式进行动态调整,以响应调频需求的不确定性,并在此基础上,针对调频需求与储能出力需求、储能出力强弱与其循环使用寿命间的矛盾关系,通过多目标优化问题的设计与求解来予以平衡;最后,仿真结果验证了所提方法能够在保证电网调频效果的基础上,有效降低储能充放电深度。展开更多
文摘Contrary to the approach in judicial practice,Paragraph 1,Article 153,of the Civil Code of the People’s Republic of China,as a rule of invalidity for violating mandatory provisions,does not adopt a dichotomy towards mandatory provisions with effectiveness and administrative characteristics,yet it maintains the legislative philosophy of differentiation.It leaves unspecified whether mandatory provisions that do not explicitly render a juristic act invalid impact the act’s validity,entrusting this determination to the discretion of judges on a case-by-case basis.When judges,under the authority of Paragraph 1,Article 153 of the Civil Code,explore the normative intent of mandatory provisions to assess their effect on the validity of juristic acts,they should engage in legal policy analysis centered on consequence-based argumentation to overcome the limitations of norm typological analysis.This analysis employs a reasoning model predicated on the normative purpose,utilizing a consequencefocused interpretative approach for formulating and arguing propositions of rules applicable to pending cases,thereby arriving at case-specific conclusions.Since the invalidation of juristic acts serves as an auxiliary regulatory tool for the state economy and society,a consequence-oriented interpretation needs to be based on the idea of mutual instrumentalization of public and private laws.This entails predicting the outcomes of negating the validity of a juristic act in industrial regulatory scenarios and assessing these outcomes within the framework of public and private regulatory instruments.
文摘Enterprise regulations and rules play a major role in corporate governance.However,in recent years,a large number of enterprise regulations and rules were illegal and were thus annulled by the court,and enterprises bear related liability to pay compensations.The author analyzed and discussed the predicament of legitimacy in enterprise rules and regulations step by step in three aspects including the legal connotation of enterprise rules and regulations,legitimacy dilemma in the enterprise rules and regulations,measures should be taken by enterprises under the current law framework.The paper aims to provide ideas and thoughts for Chinese enterprises to overcome the legitimacy dilemma of enterprise rules and regulations and give full play to their important roles in corporation governance.
文摘In this paper the relation is derived between quasi-parabolic regulation and the rule of increasing oxygenpotential. Using these rules in Co-O binary system the stability of compounds CoO and Co_3O_4 is examined.
文摘Propelled by a combination of policy enablers,increasing investments,and the COVID-19 pandemic,the global financial technology(fintech) industry has entered a period of rapid growth in recent years.Yet it is important to note that poor regulation and weak supervision might produce risks and shocks to financial stability,business competition,social equity,and environmental resources.The encouraging approach toward fintech development adopted by major global economies over the past decade has ignored regulation to varying degrees,resulting in unbalanced and inadequate supervision,which has been falling short of meeting public concerns effectively.Since 2019,international discussions on how to regulate fintech have become more and more heated.It has been widely agreed that,to regulate fintech effectively,three pillars must be established—data,competition,and financial regulatory rules.Given the increasing challenges posed by large technology firms (big techs)to financial regulation,this paper proposes to prioritize entity-based regulation,with a focus on reforming the rules concerning operational resilience and competition.China should keep a close eye on international trends and learn to devise appropriate rules for entity-based regulation,which will prove necessary to guide the steady,sound,and sustainable development of its fintech industry.
文摘Recently, international movement measures that may be causing tension between the of cargo had been the subject of increasing border control needs for security and the needs for trade facilitations. On the one hand customs authorities are charged with the responsibility for policing a country＇s borders, and consequently they need to have in place measures to ensure that only legitimate trade takes place and that this trade does not present security concerns. On the other hand we have the requirements of traders, who benefit from an environment of trade facilitation with speedy and efficient movement of cargo across international borders, with minimal bureaucratic intervention. This paper focuses on and provides early discussion and comments on the possible ramifications of the introduction of the 24-hour rule in China, effective for all exports and imports of sea freight container traffic since January 1, 2009. The new rules will have significant impact on the logistics flows of exporters and importers alike. Specifically, the reporting requirements timelines are likely to result in increased costs in cargo processing at wharves that traders will have to bear; place added pressure on storage facilities at wharves, or at container depots; and may additionally increase the amount of inventory buffer because of the timing of the data reporting requirements. The paper concludes that security needs have prevailed over trade facilitation considerations and that traders should urgently implement a review of existing practices to ensure they comply with the China Customs requirements, whilst simultaneously minimizing cost increases.
文摘新能源渗透率的提高增加了电网频率控制的复杂度,储能辅助电网调频能在一定程度上缓解该问题,但受储能运行的安全性与经济性约束,要求调频措施更具针对性。文中对此展开研究,提出一种基于频率响应特性的储能辅助电网一次调频方法。首先,在储能辅助电网调频模型基础上,选择惯性加下垂的储能辅助电网调频综合控制方法,通过电网频率变化率(rate of change of frequency,RoCoF)、频率偏差与调频需求的关联性分析,设计基于频率响应特性的调频需求分区规则;然后,根据不同调频需求对应的分区判断,对储能有功输出方式进行动态调整,以响应调频需求的不确定性,并在此基础上,针对调频需求与储能出力需求、储能出力强弱与其循环使用寿命间的矛盾关系,通过多目标优化问题的设计与求解来予以平衡;最后,仿真结果验证了所提方法能够在保证电网调频效果的基础上,有效降低储能充放电深度。
