At present,some of the greatest changes that the world has seen in the last century are accelerating.The international political and economic structure is profoundly adjusted,so the economic ties and legal interaction...At present,some of the greatest changes that the world has seen in the last century are accelerating.The international political and economic structure is profoundly adjusted,so the economic ties and legal interactions between countries are facing greater challenges.The theme of the second parallel forum of the Global Business and Law Conference 2024 is"Dispute Resolution and Global Economic Win-win",which not only offers a profound insight into the current international economic development needs,but also represents strategic thinking on the future global winwin situation.展开更多
BACKGROUND The risks associated with negative doctor-patient relationships have seriously hindered the healthy development of medical and healthcare and aroused wide-spread concern in society.The number of public comm...BACKGROUND The risks associated with negative doctor-patient relationships have seriously hindered the healthy development of medical and healthcare and aroused wide-spread concern in society.The number of public comments on doctor-patient relationship risk events reflects the degree to which the public pays attention to such events.Thirty incidents of doctor-patient disputes were collected from Weibo and TikTok,and 3655 related comments were extracted.The number of comment sentiment words was extracted,and the comment sentiment value was calculated.The Kruskal-Wallis H test was used to compare differences between each variable group at different levels of incidence.Spearman’s correlation analysis was used to examine associations between variables.Regression analysis was used to explore factors influencing scores of comments on incidents.RESULTS The study results showed that public comments on media reports of doctor-patient disputes at all levels are mainly dominated by“good”and“disgust”emotional states.There was a significant difference in the comment scores and the number of partial emotion words between comments on varying levels of severity of doctor-patient disputes.The comment score was positively correlated with the number of emotion words related to positive,good,and happy)and negatively correlated with the number of emotion words related to negative,anger,disgust,fear,and sadness.CONCLUSION The number of emotion words related to negative,anger,disgust,fear,and sadness directly influences comment scores,and the severity of the incident level indirectly influences comment scores.展开更多
As an effective means of addressing social contradictions,the substantive settlement of administrative disputes refers to the timely,impartial,and effective handling of such disputes.It embodies the essence of the mod...As an effective means of addressing social contradictions,the substantive settlement of administrative disputes refers to the timely,impartial,and effective handling of such disputes.It embodies the essence of the modern governance system enabled by the principles and methodologies of the rule of law.Administrative reconsideration,the main channel for settling administrative disputes,is an inevitable consequence of its effective role in settling such disputes.The efficient adjudication of administrative litigation is an indispensable prerequisite for achieving the substantive settlement of administrative disputes,while the diverse approaches employed in settling these disputes contribute to achieving source governance of such disputes.Along with the efficient adjudication of administrative litigation and the multiple approaches to settling administrative disputes,the effectiveness of administrative reconsideration decisions constitutes a comprehensive system that ensures the substantive settlement of administrative disputes.展开更多
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
Objective To study the core contents of the“Implementation Measures for Early Settlement Mechanism of Drug Patent Disputes(Trial)”in China,and to clarify the concerns for enterprises in future work.Methods A compreh...Objective To study the core contents of the“Implementation Measures for Early Settlement Mechanism of Drug Patent Disputes(Trial)”in China,and to clarify the concerns for enterprises in future work.Methods A comprehensive review of the literature was used to find out the key regulations for detailed decomposition and analysis.Results and Conclusion By analyzing the key clauses of China’s“Implementation Measures for Early Settlement Mechanism of Drug Patent Disputes(Trial)”,some practical countermeasures and suggestions are put forward for related research and development(R&D)innovation and drug declaration of enterprises.展开更多
This paper reviews the land expropriation dispute research literature from three dimensions: the structure-institution analysis, action research of the dispute parties, ethics and concept research of the dispute part...This paper reviews the land expropriation dispute research literature from three dimensions: the structure-institution analysis, action research of the dispute parties, ethics and concept research of the dispute parties. The paper makes a summary on the research contents and research methods of each dimension. More- over, the contributions and the limitations are pointed out and suggestions for future展开更多
Foreignization and domestication as two major translation techniques have long been the focus of the debate in translation circles.The paper reviews the history of the dispute by introducing some essays on domesticati...Foreignization and domestication as two major translation techniques have long been the focus of the debate in translation circles.The paper reviews the history of the dispute by introducing some essays on domestication and foreignization published in key translation journals in China.The ultimate aim of this dissertation is to propose that domestication and foreignization co-exist and a good translation contains both strategies.So it is unnecessary to argue which one is better.As the number of the example in this paper is limited,its credibility needs further investigation and research.展开更多
This study examines the development and trends of China’s alfalfa market and imports, identifies key factors for the rapid increase in China’s alfalfa imports, and discusses potential impacts of the U.S.-China trade...This study examines the development and trends of China’s alfalfa market and imports, identifies key factors for the rapid increase in China’s alfalfa imports, and discusses potential impacts of the U.S.-China trade dispute and retaliations on the alfalfa markets and trade in both nations. China’s rapid transition toward larger-scale commercial dairy production, with enhanced feed and cost management as well as quality and safety control, and its limited resources for high-quality alfalfa production are key factors for the dramatic increase in its alfalfa imports, from 19 601 metric tons in 2008 to 1.38 million metric tons(mmt) in 2018. While the United States dominated China’s alfalfa imports with an average share of 97.01% from 2007 to 2017, the share dropped to 83.76% in 2018 and 63.28% in January 2019 due to the trade dispute and retaliations started in 2018. China will likely remain a large importer of alfalfa because of both its growing demand and the comparative advantages of imported alfalfa in quality and price, but the imports from the United States will be highly affected by the ongoing trade dispute and negotiations. China is also expected to make more efforts to reduce its dependence on U.S. alfalfa through increased investment in domestic alfalfa production and identification of alternative sources of alfalfa and other hay imports.展开更多
Frequent occurrence of land expropriation disputes in rural areas of China has attracted attention of scholars to study causes. Most existing studies discuss causes from " structure- institution" level. In o...Frequent occurrence of land expropriation disputes in rural areas of China has attracted attention of scholars to study causes. Most existing studies discuss causes from " structure- institution" level. In other words,land expropriation disputes are caused by existing imperfect institutions,regulations,and policies. Such analysis model points institutional causes,but pays little attention to policy implementation process,especially the subjective initiative of parties concerned. This paper described a decade-long land expropriation dispute case in detail.Through description of event and process and survey of reasons of actors,it revealed factors resulting in occurrence and upgrade of dispute,and analyzed factors and their interactions with the aid of Smith Process Model.展开更多
The Internet of Medical Things(IoMT)will come to be of great importance in the mediation of medical disputes,as it is emerging as the core of intelligent medical treatment.First,IoMT can track the entire medical treat...The Internet of Medical Things(IoMT)will come to be of great importance in the mediation of medical disputes,as it is emerging as the core of intelligent medical treatment.First,IoMT can track the entire medical treatment process in order to provide detailed trace data in medical dispute resolution.Second,IoMT can infiltrate the ongoing treatment and provide timely intelligent decision support to medical staff.This information includes recommendation of similar historical cases,guidance for medical treatment,alerting of hired dispute profiteers etc.The multi-label classification of medical dispute documents(MDDs)plays an important role as a front-end process for intelligent decision support,especially in the recommendation of similar historical cases.However,MDDs usually appear as long texts containing a large amount of redundant information,and there is a serious distribution imbalance in the dataset,which directly leads to weaker classification performance.Accordingly,in this paper,a multi-label classification method based on key sentence extraction is proposed for MDDs.The method is divided into two parts.First,the attention-based hierarchical bi-directional long short-term memory(BiLSTM)model is used to extract key sentences from documents;second,random comprehensive sampling Bagging(RCS-Bagging),which is an ensemble multi-label classification model,is employed to classify MDDs based on key sentence sets.The use of this approach greatly improves the classification performance.Experiments show that the performance of the two models proposed in this paper is remarkably better than that of the baseline methods.展开更多
"Institutionalization" can be understood as a process of norm and law setting to regulate and control individual attitudes. An institutionalized area could be more stable and ordered, then the relationships between ..."Institutionalization" can be understood as a process of norm and law setting to regulate and control individual attitudes. An institutionalized area could be more stable and ordered, then the relationships between the factors can be identified by the predicted signals. Institutions can help to provide a key form of such frameworks, through which all states, but especially the stronger states, can use rules and other normative expectations of conduct in the international relation. Weaker states, in return, gain limits on the action of the leading states and access to the political process, in which they can press their interests. This article analyzes the disputes in the South China Sea~, particularly between China and ASEAN countries to prove the argument. It is argued that ASEAN, in the situation of power asymmetry between dominant (power-holders) and dominated groups, has used "institution" and "institutionalization" as a countermeasure to constrain the powerful China in the two ways: (1) trying to lock-in China in a rule-based order, in order to restrict its power, and (2) by institutionalizing the way in which the disputes in the South China Sea should be resolved, ASEAN countries want to create a frameworks for setting rules of games, which are shaped by principles and norms instead of balance-of-power.展开更多
Thomas S. Kuhn is one of the leading philosophers and historians of science that investigated in-depth cases of simultaneous discoveries in science. Although his analysis of the discovery of energy conservation and ox...Thomas S. Kuhn is one of the leading philosophers and historians of science that investigated in-depth cases of simultaneous discoveries in science. Although his analysis of the discovery of energy conservation and oxygen did not focus sharply on the priority disputes involved, it is within such contexts that controversy about which scientist was the first to make a discovery takes place. Evidently, Kuhn's recourse to historical case studies is a clear departure from the standpoint of traditional mainstream philosophies of science (namely, logical positivism and falsificationism), which cavalierly dismissed such concerns as irrelevant to philosophical reconstructions of science Challenges to orthodox logistic approaches were prompted by the realisation that the two dominant traditions mentioned above, in their excessive preoccupation with "the logical skeleton of science", have lost contact with real science. As a contribution to what Michael Polanyi referred to as post-critical philosophy, the present study reanalyses the tension-generating potentials of bipolar values shared by members of scientific communities. It traces the origins of the rebellion against logic-dominated philosophies of science, and identifies different post-positivist approaches that have eme^rged over the years which legitimise broadening the frontiers of the philosophy of science. Consequent upon that, some conflicting values or norms shared by members of scientific communities and how they affect the quest for scientific knowledge are underscored. Using as a case study the acrimonious priority dispute between Isaac Newton and Gottfried Leibniz concerning the discovery of calculus, the paper demonstrates that excessive concern for recognition which sometimes leads to protracted priority disputes tends to bring out the worst kind of behaviours towards colleagues even from the greatest scientists. We submit, by way of conclusion, that despite the heroic (almost god-like) reputation of such scientists, they are human and, therefore, subject to the vicissitudes of emotional turbulence just like everyone else.展开更多
On the basis of current situations of disputes over rural land contractual management right,this paper analyzes causes of disputes from four aspects. It states that controlling disputes,regulating and strengthening la...On the basis of current situations of disputes over rural land contractual management right,this paper analyzes causes of disputes from four aspects. It states that controlling disputes,regulating and strengthening land circulation in accordance with laws are core works of new socialist countryside construction and rural reform. Finally,it presents five control countermeasures,including improving laws and regulations on circulation of rural land contractual management right,strengthening popularization and guidance of relevant laws and regulations,government departments administering in accordance with laws,stressing management of land contractual management right circulation contract,and establishing and perfecting land circulation intermediaries to realize market-oriented circulation.展开更多
The unfolding debate in China over relations with Japan has held the limelight with the participation of academics and netizens—a welcome phenomenon highlighting strong public interest in the issue. What merits our c...The unfolding debate in China over relations with Japan has held the limelight with the participation of academics and netizens—a welcome phenomenon highlighting strong public interest in the issue. What merits our concern, however, is the flood of emotional outbursts mixed up with penetrating, expert comments.展开更多
Objective To analyze the characteristics of medical malpractice from different grades of hospitals and to explore forensic investigation strategies in assessing medical dispute. Methods A total of206 cases of medical ...Objective To analyze the characteristics of medical malpractice from different grades of hospitals and to explore forensic investigation strategies in assessing medical dispute. Methods A total of206 cases of medical dispute from 2009 to 2010 investigated by the Department of Forensic Medicine in Nanjing Medical University were selected and analyzed according to fault incidence, fault-prone part,and degree of causality in the treatment. Results Among the 206 cases analyzed, tertiary hospitals, secondary hospitals and primary hospitals showed medium, high and low error rate, respectively. A majority of medical malpractice cases were distributed in the departments of surgery, medicine and gynecology.Conclusion The frequency and severity of medical malpractice in primary hospitals were high, which were gradually reduced in tertiary and secondary hospitals.展开更多
“A limited company is more than a mere judicial entity, with a personality in law of its own: Behind it, or amongst it, there are individuals, with rights, expectations and obligations inter se”. The competitive at...“A limited company is more than a mere judicial entity, with a personality in law of its own: Behind it, or amongst it, there are individuals, with rights, expectations and obligations inter se”. The competitive attitude of the member states of the EU (European Union), to become the most attractive for companies results in law reforms aiming at more flexible conflict between shareholders. Besides, the economic objective of avoiding a company's dissolution, the English, Dutch, and Belgian exit proceedings for the settlement of disputes between shareholders set up a social objective: protecting the interests of the minority shareholder of a private limited company. The paper consists of four chapters. The introduction lays out the necessity of buy-outs for shareholders of a private limited company. The first chapter describes the different facts justifying the buy-out of a shareholder on the basis of serious grounds. The second chapter presents the findings of a comparative research of the valuation of the shares transferred in an English, Dutch, and Belgian procedure. Finally, the conclusion summarises in which way the English, Dutch, and Belgian legal system protect the interests of the minority shareholder of a private limited company.展开更多
The Institute of International Disputes Prevention and Settlement(IIDPS)was unveiled in Beijing on May 24.Co-hosted by the CCPIT and Beijing Institute of Technology.A relevant thematic reporting meeting was also held....The Institute of International Disputes Prevention and Settlement(IIDPS)was unveiled in Beijing on May 24.Co-hosted by the CCPIT and Beijing Institute of Technology.A relevant thematic reporting meeting was also held.The two sides signed an agreement on jointly constructing the IIDPS,unveiled the plaque of the IIDPS,and issued certificates of appointment to Chinese experts from the IIDPS Expert Advisory Committee.展开更多
Drift marked China-Japan ties in most part of the 1990s, accompanied with wild swings. The last decade of the 20th century witnessed the commemoration of the 20th anniversary(1972-1992)of diplomatic normalization, the...Drift marked China-Japan ties in most part of the 1990s, accompanied with wild swings. The last decade of the 20th century witnessed the commemoration of the 20th anniversary(1972-1992)of diplomatic normalization, the 50th anniversary(1945-1995)of the victory of the War of Resistance Against Japanese Aggression, the furor over the "No War decision" in Japan, and the shock waves from the reorientation of Japan-U. S. relationship in 1996 and the revision of the展开更多
Military reform, which is led by the U. S. and sweeping its way to the rest of the world, has now become one of the hottest topics in inter- national military arena. Japan makes no exception. The reconstruction of its...Military reform, which is led by the U. S. and sweeping its way to the rest of the world, has now become one of the hottest topics in inter- national military arena. Japan makes no exception. The reconstruction of its military forces, which is still in progress, is concentrated on the following two aspects. One is the enlargement of the functions of the Self-Defense Forces (SDF). Participation in overseas operations is in-展开更多
文摘At present,some of the greatest changes that the world has seen in the last century are accelerating.The international political and economic structure is profoundly adjusted,so the economic ties and legal interactions between countries are facing greater challenges.The theme of the second parallel forum of the Global Business and Law Conference 2024 is"Dispute Resolution and Global Economic Win-win",which not only offers a profound insight into the current international economic development needs,but also represents strategic thinking on the future global winwin situation.
基金Supported by the National Natural Science Foundation of China,No.72374005Natural Science Foundation for the Higher Education Institutions of Anhui Province of China,No.2023AH050561Cultivation Programme for Young and Middle-aged Excellent Teachers in Anhui Province,No.YQZD2023021.
文摘BACKGROUND The risks associated with negative doctor-patient relationships have seriously hindered the healthy development of medical and healthcare and aroused wide-spread concern in society.The number of public comments on doctor-patient relationship risk events reflects the degree to which the public pays attention to such events.Thirty incidents of doctor-patient disputes were collected from Weibo and TikTok,and 3655 related comments were extracted.The number of comment sentiment words was extracted,and the comment sentiment value was calculated.The Kruskal-Wallis H test was used to compare differences between each variable group at different levels of incidence.Spearman’s correlation analysis was used to examine associations between variables.Regression analysis was used to explore factors influencing scores of comments on incidents.RESULTS The study results showed that public comments on media reports of doctor-patient disputes at all levels are mainly dominated by“good”and“disgust”emotional states.There was a significant difference in the comment scores and the number of partial emotion words between comments on varying levels of severity of doctor-patient disputes.The comment score was positively correlated with the number of emotion words related to positive,good,and happy)and negatively correlated with the number of emotion words related to negative,anger,disgust,fear,and sadness.CONCLUSION The number of emotion words related to negative,anger,disgust,fear,and sadness directly influences comment scores,and the severity of the incident level indirectly influences comment scores.
文摘As an effective means of addressing social contradictions,the substantive settlement of administrative disputes refers to the timely,impartial,and effective handling of such disputes.It embodies the essence of the modern governance system enabled by the principles and methodologies of the rule of law.Administrative reconsideration,the main channel for settling administrative disputes,is an inevitable consequence of its effective role in settling such disputes.The efficient adjudication of administrative litigation is an indispensable prerequisite for achieving the substantive settlement of administrative disputes,while the diverse approaches employed in settling these disputes contribute to achieving source governance of such disputes.Along with the efficient adjudication of administrative litigation and the multiple approaches to settling administrative disputes,the effectiveness of administrative reconsideration decisions constitutes a comprehensive system that ensures the substantive settlement of administrative disputes.
文摘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.
文摘Objective To study the core contents of the“Implementation Measures for Early Settlement Mechanism of Drug Patent Disputes(Trial)”in China,and to clarify the concerns for enterprises in future work.Methods A comprehensive review of the literature was used to find out the key regulations for detailed decomposition and analysis.Results and Conclusion By analyzing the key clauses of China’s“Implementation Measures for Early Settlement Mechanism of Drug Patent Disputes(Trial)”,some practical countermeasures and suggestions are put forward for related research and development(R&D)innovation and drug declaration of enterprises.
基金Supported by Youth Foundation for Humanities and Social Science Research from the Ministry of Education(10YJC840078)the Fundamental Research Funds for the Central Universities(SWU1209363&SWU1409319)~~
文摘This paper reviews the land expropriation dispute research literature from three dimensions: the structure-institution analysis, action research of the dispute parties, ethics and concept research of the dispute parties. The paper makes a summary on the research contents and research methods of each dimension. More- over, the contributions and the limitations are pointed out and suggestions for future
文摘Foreignization and domestication as two major translation techniques have long been the focus of the debate in translation circles.The paper reviews the history of the dispute by introducing some essays on domestication and foreignization published in key translation journals in China.The ultimate aim of this dissertation is to propose that domestication and foreignization co-exist and a good translation contains both strategies.So it is unnecessary to argue which one is better.As the number of the example in this paper is limited,its credibility needs further investigation and research.
基金the Vermont Agricultural Experiment Station at the University Vermont,USA,and the National Social Science Fund of China(17ZDA067)for financial support of this project。
文摘This study examines the development and trends of China’s alfalfa market and imports, identifies key factors for the rapid increase in China’s alfalfa imports, and discusses potential impacts of the U.S.-China trade dispute and retaliations on the alfalfa markets and trade in both nations. China’s rapid transition toward larger-scale commercial dairy production, with enhanced feed and cost management as well as quality and safety control, and its limited resources for high-quality alfalfa production are key factors for the dramatic increase in its alfalfa imports, from 19 601 metric tons in 2008 to 1.38 million metric tons(mmt) in 2018. While the United States dominated China’s alfalfa imports with an average share of 97.01% from 2007 to 2017, the share dropped to 83.76% in 2018 and 63.28% in January 2019 due to the trade dispute and retaliations started in 2018. China will likely remain a large importer of alfalfa because of both its growing demand and the comparative advantages of imported alfalfa in quality and price, but the imports from the United States will be highly affected by the ongoing trade dispute and negotiations. China is also expected to make more efforts to reduce its dependence on U.S. alfalfa through increased investment in domestic alfalfa production and identification of alternative sources of alfalfa and other hay imports.
基金Supported by Youth Foundation for Humanities and Social Science Research from the Ministry of Education(10YJC840078)the Fundamental Research Funds for the Central Universities(SWU1209363&SWU1409319)
文摘Frequent occurrence of land expropriation disputes in rural areas of China has attracted attention of scholars to study causes. Most existing studies discuss causes from " structure- institution" level. In other words,land expropriation disputes are caused by existing imperfect institutions,regulations,and policies. Such analysis model points institutional causes,but pays little attention to policy implementation process,especially the subjective initiative of parties concerned. This paper described a decade-long land expropriation dispute case in detail.Through description of event and process and survey of reasons of actors,it revealed factors resulting in occurrence and upgrade of dispute,and analyzed factors and their interactions with the aid of Smith Process Model.
基金supported by the National Key R&D Program of China(2018YFC0830200,Zhang,B,www.most.gov.cn)the Fundamental Research Funds for the Central Universities(2242018S30021 and 2242017S30023,Zhou S,www.seu.edu.cn)the Open Research Fund from Key Laboratory of Computer Network and Information Integration In Southeast University,Ministry of Education,China(3209012001C3,Zhang B,www.seu.edu.cn).
文摘The Internet of Medical Things(IoMT)will come to be of great importance in the mediation of medical disputes,as it is emerging as the core of intelligent medical treatment.First,IoMT can track the entire medical treatment process in order to provide detailed trace data in medical dispute resolution.Second,IoMT can infiltrate the ongoing treatment and provide timely intelligent decision support to medical staff.This information includes recommendation of similar historical cases,guidance for medical treatment,alerting of hired dispute profiteers etc.The multi-label classification of medical dispute documents(MDDs)plays an important role as a front-end process for intelligent decision support,especially in the recommendation of similar historical cases.However,MDDs usually appear as long texts containing a large amount of redundant information,and there is a serious distribution imbalance in the dataset,which directly leads to weaker classification performance.Accordingly,in this paper,a multi-label classification method based on key sentence extraction is proposed for MDDs.The method is divided into two parts.First,the attention-based hierarchical bi-directional long short-term memory(BiLSTM)model is used to extract key sentences from documents;second,random comprehensive sampling Bagging(RCS-Bagging),which is an ensemble multi-label classification model,is employed to classify MDDs based on key sentence sets.The use of this approach greatly improves the classification performance.Experiments show that the performance of the two models proposed in this paper is remarkably better than that of the baseline methods.
文摘"Institutionalization" can be understood as a process of norm and law setting to regulate and control individual attitudes. An institutionalized area could be more stable and ordered, then the relationships between the factors can be identified by the predicted signals. Institutions can help to provide a key form of such frameworks, through which all states, but especially the stronger states, can use rules and other normative expectations of conduct in the international relation. Weaker states, in return, gain limits on the action of the leading states and access to the political process, in which they can press their interests. This article analyzes the disputes in the South China Sea~, particularly between China and ASEAN countries to prove the argument. It is argued that ASEAN, in the situation of power asymmetry between dominant (power-holders) and dominated groups, has used "institution" and "institutionalization" as a countermeasure to constrain the powerful China in the two ways: (1) trying to lock-in China in a rule-based order, in order to restrict its power, and (2) by institutionalizing the way in which the disputes in the South China Sea should be resolved, ASEAN countries want to create a frameworks for setting rules of games, which are shaped by principles and norms instead of balance-of-power.
文摘Thomas S. Kuhn is one of the leading philosophers and historians of science that investigated in-depth cases of simultaneous discoveries in science. Although his analysis of the discovery of energy conservation and oxygen did not focus sharply on the priority disputes involved, it is within such contexts that controversy about which scientist was the first to make a discovery takes place. Evidently, Kuhn's recourse to historical case studies is a clear departure from the standpoint of traditional mainstream philosophies of science (namely, logical positivism and falsificationism), which cavalierly dismissed such concerns as irrelevant to philosophical reconstructions of science Challenges to orthodox logistic approaches were prompted by the realisation that the two dominant traditions mentioned above, in their excessive preoccupation with "the logical skeleton of science", have lost contact with real science. As a contribution to what Michael Polanyi referred to as post-critical philosophy, the present study reanalyses the tension-generating potentials of bipolar values shared by members of scientific communities. It traces the origins of the rebellion against logic-dominated philosophies of science, and identifies different post-positivist approaches that have eme^rged over the years which legitimise broadening the frontiers of the philosophy of science. Consequent upon that, some conflicting values or norms shared by members of scientific communities and how they affect the quest for scientific knowledge are underscored. Using as a case study the acrimonious priority dispute between Isaac Newton and Gottfried Leibniz concerning the discovery of calculus, the paper demonstrates that excessive concern for recognition which sometimes leads to protracted priority disputes tends to bring out the worst kind of behaviours towards colleagues even from the greatest scientists. We submit, by way of conclusion, that despite the heroic (almost god-like) reputation of such scientists, they are human and, therefore, subject to the vicissitudes of emotional turbulence just like everyone else.
文摘On the basis of current situations of disputes over rural land contractual management right,this paper analyzes causes of disputes from four aspects. It states that controlling disputes,regulating and strengthening land circulation in accordance with laws are core works of new socialist countryside construction and rural reform. Finally,it presents five control countermeasures,including improving laws and regulations on circulation of rural land contractual management right,strengthening popularization and guidance of relevant laws and regulations,government departments administering in accordance with laws,stressing management of land contractual management right circulation contract,and establishing and perfecting land circulation intermediaries to realize market-oriented circulation.
文摘The unfolding debate in China over relations with Japan has held the limelight with the participation of academics and netizens—a welcome phenomenon highlighting strong public interest in the issue. What merits our concern, however, is the flood of emotional outbursts mixed up with penetrating, expert comments.
文摘Objective To analyze the characteristics of medical malpractice from different grades of hospitals and to explore forensic investigation strategies in assessing medical dispute. Methods A total of206 cases of medical dispute from 2009 to 2010 investigated by the Department of Forensic Medicine in Nanjing Medical University were selected and analyzed according to fault incidence, fault-prone part,and degree of causality in the treatment. Results Among the 206 cases analyzed, tertiary hospitals, secondary hospitals and primary hospitals showed medium, high and low error rate, respectively. A majority of medical malpractice cases were distributed in the departments of surgery, medicine and gynecology.Conclusion The frequency and severity of medical malpractice in primary hospitals were high, which were gradually reduced in tertiary and secondary hospitals.
文摘“A limited company is more than a mere judicial entity, with a personality in law of its own: Behind it, or amongst it, there are individuals, with rights, expectations and obligations inter se”. The competitive attitude of the member states of the EU (European Union), to become the most attractive for companies results in law reforms aiming at more flexible conflict between shareholders. Besides, the economic objective of avoiding a company's dissolution, the English, Dutch, and Belgian exit proceedings for the settlement of disputes between shareholders set up a social objective: protecting the interests of the minority shareholder of a private limited company. The paper consists of four chapters. The introduction lays out the necessity of buy-outs for shareholders of a private limited company. The first chapter describes the different facts justifying the buy-out of a shareholder on the basis of serious grounds. The second chapter presents the findings of a comparative research of the valuation of the shares transferred in an English, Dutch, and Belgian procedure. Finally, the conclusion summarises in which way the English, Dutch, and Belgian legal system protect the interests of the minority shareholder of a private limited company.
文摘The Institute of International Disputes Prevention and Settlement(IIDPS)was unveiled in Beijing on May 24.Co-hosted by the CCPIT and Beijing Institute of Technology.A relevant thematic reporting meeting was also held.The two sides signed an agreement on jointly constructing the IIDPS,unveiled the plaque of the IIDPS,and issued certificates of appointment to Chinese experts from the IIDPS Expert Advisory Committee.
文摘Drift marked China-Japan ties in most part of the 1990s, accompanied with wild swings. The last decade of the 20th century witnessed the commemoration of the 20th anniversary(1972-1992)of diplomatic normalization, the 50th anniversary(1945-1995)of the victory of the War of Resistance Against Japanese Aggression, the furor over the "No War decision" in Japan, and the shock waves from the reorientation of Japan-U. S. relationship in 1996 and the revision of the
文摘Military reform, which is led by the U. S. and sweeping its way to the rest of the world, has now become one of the hottest topics in inter- national military arena. Japan makes no exception. The reconstruction of its military forces, which is still in progress, is concentrated on the following two aspects. One is the enlargement of the functions of the Self-Defense Forces (SDF). Participation in overseas operations is in-