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。

On the Application of the Functional Equivalence Theory in Movie Subti⁃tle Translation

It was designed to discuss the application of Nida’s functional equivalence theory in movie subtitle translation,so as to indicate that translator should take suitable strategies in the process of translating.Nida’s functional equivalence theory has exerted a great and positive influence in both western and eastern translation theories and practices.Thus it has been widely used in social life.The application of the functional equivalence theory was analyzed by virtue of the translation of the subtitle of The Flower of War.First,the definition and characteristics of this theory was illustrated,as well as its developing process and the constraints in practical application.Then,the significance of movie subtitle translation,the rules it should follow and the plot and linguistic features of The Flower of War were performed.At last,the application of Nida’s functional equivalence theory in movie subtitle translation was analyzed from aspects of lexicon,syntax and aesthetic through several examples.Finally,the guidance function of the functional equivalence theory towards movie subtitle translation was summarized.

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.

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.

Norms of International Law on Environmental Protection in Wartime: Application and Improvement

The enormous environmental damage caused by war makes it necessary for international law to balance the reality of military necessity with the need to ensure the survival of human beings and other life forms. International law provides a large number of norms for environmental protection in wartime, constituting a legal order including general and special norms of wartime law and wartime environmental protection obligations of international law in peacetime. It explicitly prohibits unreasonable environmental damage caused by military needs in wartime. Contrary to the cognition that there is no international norm to protect the environment in wartime,the key reason that causes the effect of environmental protection in wartime is not as good as expected lies in the different degrees of defects in the application of these complex norms. It is a more important and practical path choice to renew the general principles of wartime environmental protection, expand the scope of application of wartime laws and special environmental norms, strengthen the wartime application of international law in peacetime, and give full play to the maximum effectiveness of the existing normative system than to expect the new convention to accomplish the whole task at one stroke.

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.

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.

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 Case for the Modifiability of the San Francisco Peace Treaty: Examining the Varying Positions of the U.S. and Britain Over South Korean Participation

Through a detailed analysis and documentation of relevant U.S.foreign relations and other official documents of the period around the Korean War,this paper aims to prove that in the early negotiation process of the 1951 San Francisco peace treaty,the United States maintained that South Korea should participate in signing the treaty and that the U.S.changed its position because of the resilient British opposition to South Korean participation,which in turn was motivated strongly by the British concern over its strategic interests in East Asia and its diplomatic relations with the newly communized China.In particular,the Chinese intervention in the Korean War and the communist recapture of Seoul provided the impetus for this shift in the U.S.position that led to the exclusion of South Korea from the treaty.Because the substance of the San Francisco peace treaty was dictated by the exigencies under the Korean War and the Cold War and lacks the“Grotian spirit of international law”underlying the founding of the League of Nations and the United Nations,the San Francisco peace treaty does not contain sufficient merit to be worthy of permanent compliance,which leaves open the possibility of modification in the future.

Notes on the Appfication of the CISG to Some International Commercial Cases

本文系作者根据其办理国际商事案的笔记整理撰写，主要涉及《销售公约》的适用、公约与内国法的互动、国际法优先、原《涉外经济合同法》第6条规定的缺陷及其对中国仲裁员的但他们却往往没有意识到的负面影响；作者还希图让同行注意澳大利亚学者MarcusSJacobs在其专门为中国同行撰写的文章中对《销售公约》适用的见解。

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.

Creating an Extraterritorial Application System of Chinese Law: From the Perspective of Advancing the Rule of Law in Domestic and Foreign-Related Affairs in a Coordinated Manner

The rule of law in foreign-related affairs breaks down the distinction between domestic law and international law,as well as between the rule of law in domestic affairs and that in international affairs,providing a bridge for China to build lawbased governance and to reform the global governance system for the new era.The extraterritorial application of domestic law can lead to legal conflicts between nations and conflicts between domestic law and international law.The principle of extraterritorially applying domestic law should be based on not violating the prohibitive provisions of international law and resolving legal conflicts through the conclusion of international treaties or negotiations.In the systematic undertaking of taking a coordinated approach to the rule of law in Chinese domestic and foreignrelated affairs,thebuilding ofChina's system of extraterritorial application of domestic law should be accelerated under the unified leadership by the Communist Party of China,with legislative,executive,and judicial authorities performing their respective duties.This building should be based on multilateralism,taking into account the legitimate concerns of other countries,and with the bottom line of not violating the prohibitive provisions of international law,and should be promoted with a balanced approach considering both"offense"and"defense."

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.

Judicial Application of International Human Rights Treaties in China

Since the Chinese Constitution does not stipulate the status of international treaties in the domestic legal system,the question of whether the domestic court can apply international human rights treaties keeps obscure all the time.China’s official statement and academic opinions generally believe that the domestic court couldn’t resort to the human rights treaties.In recent years,however,several cases have come out involving direct reference to human rights treaties by the court.The following factors contribute together to the direct reference:the inward-looking nature of international human rights treaties,specific requirements of human rights treaties,and the possible institutional room in Chinas’s current legal system.Take the view off ulfilling international human rights obligations,the practice of judicial application should be fully affirmed.Nevertheless,it should also be noted that relevant practice is still in its infancy,there are some problems such as inconsistent understanding and non-standard application.From the perspective of top-level design,it is necessary to provide a normative basis for the practice of the court,so as to make the international human rights treaties play their due role.