On the Eve of the Enforcement of the Arbitration Law——An interview with Xu Dayou, vice-chairman of China Council for the Promotion of International Trade and of the China International Economic and Trade Arbitration Commission

The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic disputes. All the parties concerned are making intense preparations for the successful enforcement of the Law. As the first nongovernmental organisation engaged in arbitration affairs, the China Council

Habits on Social Networks at Workplace: A Survey of Motivations and Behaviour

This article explores the use of social networks by workers in Abidjan, Côte d’Ivoire, with particular emphasis on a descriptive or quantitative analysis aimed at understanding motivations and methods of use. More than five hundred and fifty questionnaires were distributed, highlighting workers’ preferred digital channels and platforms. The results indicate that the majority use social media through their mobile phones, with WhatsApp being the most popular app, followed by Facebook and LinkedIn. The study reveals that workers use social media for entertainment purposes and to develop professional and social relationships, with 55% unable to live without social media at work for recreational activities. In addition, 35% spend on average 1 to 2 hours on social networks, mainly between 12 p.m. and 2 p.m. It also appears that 46% believe that social networks moderately improve their productivity. These findings can guide marketing strategies, training, technology development and government policies related to the use of social media in the workplace.

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

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.

F-rough law and the discovery of rough law

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

Contemporary Approaches to Non-Contractual Obligations in Private International Law (Conflict of Laws) and the European Community’s “Rome II” Regulation

Introduction Traditional Private International Law(Conflict of Laws or,shorthand,“conflicts law,”in Anglo-American usage)was relatively straightforward in determining the law applicable to non-contractual obligations,particularly torts(delict):the“law of the place of the tort”was applicable。

Increasing the Safety of People Activity in Aggressive Potential Locations, Analyzed through the Probability Theory, Modeling/Simulation and Application in Underground Coal Mining

This paper deals with the increasing safety of working in aggressive potential locations, having SCADA system and WSN sensors, using a “probabilistic strategy” in comparison with a “deterministic” one, modeling/simulation and application in underground coal mining. In general, three conditions can be considered: 1) an unfriendly environment that facilitates the risk of accidents, 2) aggressive equipments that can compete to cause accidents and 3) the work security breaches that can cause accidents. These conditions define the triangle of accidents and are customized for an underground coal mining where the methane gas is released with the exploitation of the massive coal. In this case, the first two conditions create an explosive potential atmosphere. To allow people to work in a safe location it needs: first, a continuing monitoring through SCADA system of the explosive potential atmosphere and second, the use of antiexplosive equipment. This method, named “deterministic strategy”, increases the safety of working, but the explosions have not been completely eliminated. In order to increase the safety of working, the paper continues with the presentation of a new method based on hazard laws, named “probabilistic strategy”. This strategy was validated through modeling/simulation using CupCarbon software platform, and application of WSN networks implemented on Arduino equipments. At the end of the paper the interesting conclusions are emphases which are applicable to both strategies.

China＇s High-Speed Railway Industry and Applicability of the Anti-Monopoly Law

China＇s high-speed railway industry achieved dazzling development over the years, but not much research has been devoted to this industry from the perspeetive of competition policy. This paper focuses on the industrial organization of China＇s high-speed railway industry and the applicability of the Anti-Monopoly Law. We intend to answer the following questions： （l） Why is the high-speed railway industry not an industry of natural monopoly？ Which segments of the industry have elements of natural monopoly？ （2） At the level of corporate organization, what is the legal and economic rationale behind the patterns of China＇s high-speed railway undertakings evolving from government-affiliated enterprises to special legal person enterprises and then shareholding companies？ （3） The applicability of the Anti-Monopoly Law to the high-speed railway industry. Our conclusions from the perspective of competition policy are worth referencing for similar industries such as electric power, telecommunications, and water and gas supply.

Study on the Applicable Principle and System Improvement of Contract Law to Liquidated Damages

Based on the applicable principle of liquidated damages in ＂contract law＂, based on the improvement of the system, the article first analyzes the status quo of the development of the default system and secondly puts forward some suggestions for improvement. The final purpose is to perfect the liquidated damages system with the Contract Law, in a bid to enhance the fairness of liquidated damages.

Several Controversial Issues on Judicial Review of Foreign-Related Arbitration in China: From the Perspective of the Amendment to the Arbitration Law

With the continuous development of China's market economic system,the arbitration judicial review system based on the Arbitration Law promulgated in 1994,including the dual-track review of foreign-related and domestic cases,and the dual-supervision on procedural and substantive matters,has shown some issues that need to be studied and solved in practice.On July 30,2021,the Ministry of Justice officially announced the Arbitration Law of the People's Republic of China(Amendment)(Draft for Comment),which unified the provisions on setting aside domestic and foreign-related arbitrament,and partially revised the scope of judicial review.However,heated debate arose and many problems remained unsolved such as the setting of the scope of supervision on foreign-related arbitration cases,how to grasp the principles of procedural review,and how to place the substantive supervision after the dual-track systems were changed into unified ones.Based on the Draft for Comments,this paper analyzes several prominent issues at present,and puts forward suggestions such as expanding the criteria for identifying foreign-related factors,converging to the original supervision scope of foreign-related arbitration,adhering to the principle of procedural review,and permitting the parties concerned to agree on the scope of supervision to maximize respect for the autonomy of the will of parties,so as to build a judicial supervision mechanism for commercial arbitration betterfitting into the era.

China Academy of Arbitration Law First Publishes China International Commercial Arbitration Annual Report

At the regular news press held by China Council for the Promotion of International Trade(CCPIT) held on September 22,China Academy of Arbitration Law officially published China International Commercial Arbitration Annual Report (2014).This is the first report released

On Autonomy of Will and the Applicable Law of Labor Contract:From the Perspective of Chinese Legislation

There are so many different opinions on whether the autonomy of will is applied in labor contract.In this paper,the author discusses the application and limitation of autonomy of will in labor contract,and puts forward some suggestions on the application of Article 43 of Law of the Application of Law for Foreign-related Civil Relationships after the introduction of Chinese legislation of the applicable law of labor contract.Autonomy of will is a useful principle in resolving disputes arising from foreign-related labor contract in China.

On the Special Application of the Principle of Proportionality under Emergency State

As the two fundamental aspects of modern society,the emergency state and the routine state are not exceptions to the rule of law.They just abide by special legal rules and must adhere to the spirit of the rule of law,such as human rights protection and power restrictions and apply the principle of proportionality.In a state of emergency,public interests are faced with major and urgent threats.In this state,the positioning of the purpose,the examination of the consequences,or the measurement of the legal benefits of the purpose and the consequences all have a certain degree of particularity and complexity.In order to increase the rationality of the principle of proportionality in the state of emergency,and to perform its value function scientifically and effectively,it is necessary to adopt loose application standards based on the characteristics of the state of emergency,grasp the key application links,and limit the scope of application to the review of the rationality of the exercise of emergency powers.Judgment of the legitimacy of the purpose of the exercise of emergency powers and the derogation of civil rights such as human dignity are not within the scope of the principle of proportionality.

Rethinking Foreign-Related Element and Ad Hoc Arbitration:Evolution of the Supreme People’s Court(SPC)’s Attitude

中国法律体系下,选择国际仲裁作为争议解决方式的当事人面临两个疑难问题。一是在何种情形下双方可以就其争议选择境外仲裁机构解决纠纷;二是在何种情形下双方订立的临时仲裁协议会被有管辖权的人民法院认定为有效。中国《仲裁法》和《民事诉讼法》明确规定,仅具有涉外因素的案件可以提交境外仲裁机构仲裁,而当事人（除在中国自贸区注册的外商独资企业外）在中国大陆订立的临时仲裁协议尚属无效。随着中国成为国际仲裁界的重要一员,最高人民法院也通过梳理一系列典型仲裁案例,扩大对涉外因素的认定范围并出台认定临时仲裁协议有效的新标准。本文将系统分析最高人民法院对涉外因素和临时仲裁之态度的演进过程。

Function S-rough sets and mining-discovery of rough law in systems

Function S-rough sets （function singular rough sets） is defined on a -function equivalence class [u]. Function S-rough sets is the extension form of S-rough sets. By using the function S-rough sets, this paper gives rough law generation model of a-function equivalence class, discussion on law mining and law discovery in systems, and application of law mining and law discovery in communication system. Function S-rough sets is a new theory and method in law mining research.

F-generation law and recognition of system law

If a system is not disturbed （or invaded） by some law, there is no doubt that each system will move according to the expected law and keep stable. Although such a fact often appears, some unknown law breaks into the system and leads it into turbulence. Using function one direction S-rough sets, this article gives the concept of the F-generation law in the system, the generation model of the F-generation law and the recognition method of the system law. Function one direction singular rough sets is a new theory and method in recognizing the disturbance law existing in the system and recognizing the system law.

Hiding dependence-discovery of F-hiding laws and system laws

Function one direction S-rough sets have dynamic characteristics and law characteristics. By using the function one direction S-rough sets, this article presents the concepts of the f-hiding law, F-hiding law, f-hiding law dependence and F-hiding law dependence. Based on the concepts above, this article proposes the hidingdependence theorem of f-hiding laws, the hiding-dependence theorem of F-hiding laws, the hiding-dependence separation theorem, the hiding dependence-discovery principle of unknown laws. Finally, the application of the hiding dependence of hiding laws in the discovery of system laws is given.

Research on the Evaporating Crystalization Behavior of the Magnesium Sulfate Subtypes Brine at High Temperature

Research the evaporating crystalization process of the magnesium sulfate subtypes brine at high temperature from Dalangtan salt lake in Qinghai province.It was revealed that the salt lake is a typical subtype magnesium

A Proof of First Digit Law from Laplace Transform

The first digit law, also known as Benford’s law or the significant digit law, is an empirical phenomenon that the leading digit of numbers from real world sources favors small ones in a form log(1 + 1/d), where d= 1, 2,..., 9.Such a law has been elusive for over 100 years because it has been obscure whether this law is due to the logical consequence of the number system or some mysterious mechanism of nature. We provide a simple and elegant proof of this law from the application of the Laplace transform, which is an important tool of mathematical methods in physics. It is revealed that the first digit law originates from the basic property of the number system, thus it should be attributed as a basic mathematical knowledge for wide applications.