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.

What can implementation science offer civil society in their efforts to drive rights-based health reform?

Over the years,civil society organizations(CSOs)have made tremendous efforts to ensure that state policies,programmes,and actions facilitate equitable access to healthcare.While CSOs are key actors in the realization of the right to health,a systematic understanding of how CSOs achieve policy change is lacking.Implementation science,a discipline focused on the methods and strategies facilitating the uptake of evidence-based practice and research can bring relevant,untapped methodologies to understand how CSOs drive health reforms.This article argues for the use of evidence-based strategies to enhance civil society action.We hold that implementation science can offer an actionable frame to aid CSOs in deciphering the mechanisms and conditions in which to pursue rights-based actions most effectively.More empirical studies are needed to generate evidence and CSOs have already indicated the need for more data-driven solutions to empower activists to hold policymakers to account.Although implementation science may not resolve all the challenges CSOs face,its frameworks and approaches can provide an innovative way for organizations to chart out a course for reform.

Realization of the Right to Economic Assistance of Women with Disabilities in Divorce from the Perspective of the Civil Code

Protecting the equal human rights of persons with disabilities is an important part of human rights protection in China.The Marriage law Amendment in 2001 focused on the economic assistance system for divorce relief for a party unable maintain the local basic standard of living.The Civil Code has adjusted and expanded the system,stipulating that one party can ask for financial help from the other party if the party can’t maintain a reasonable living after divorce.To a certain extent,this economic assistance should include the assistance to the party whose living standard has decreased significantly after divorce and the party who has made more sacrifices and contribution to the marriage during the marriage.Although the economic assistance system for divorce stipulated in the Civil Code does not specifically address unequal treatment or discrimination against women with disabilities,since women with disabilities are more vulnerable after divorce,they are more likely to put forward economic assistance claims after a divorce,be more dependent on others physically and psychologically,and find it more difficult to obtain employment.Social security for women with disabilities is still insufficient and compared with other subjects,women with disabilities are likely to be in an unequal position in the realization of their right to economic assistance in divorce.Therefore,it is necessary to put forward reasonable legal interpretations and application suggestions for the relevant provisions in the Civil Code,so as to fully realize the economic assistance rights of women with disabilities in divorce,and reflect the care and protection of the human rights of women with disabilities in the Civil Code.

Human Rights Implications of the Civil Code of the People's Republic of China

Putting the people first in human rights protection is the most distinctive feature of the outlook on human rights in contemporary China. The codification of the Civil Code of the People’s Republic of China reflects the people’s legislation for themselves, which is guided by the principle of putting the people first in its external system and internal values. Functionally, the Civil Code of the People’s Republic of China reflects the obligation of the country to protect human rights, constructs the framework relationship between the country and individual people, and perfects the mechanism for human rights protection. The continuous expansion of the types, contents, and functions of civil rights in the Civil Code of the People’s Republic of China is required by the broad scope of human rights, with an aim to realize a happy life for the people, the most important human rights, and protect people’s personal rights, property rights, and right to dignity through specific rules. The universal sharing of human rights requires the universality of the subjects of civil rights. The equal sharing of human rights requires the equality of forms of civil rights protection. Meanwhile, it further requires the substantive equality of civil rights protection. Attention is paid to protecting the rights and interests of specific groups in external and embedded ways.

Justification of and Response to the Specificity of Workers’Personality Rights

The pervasive existence of subordination in the work-place endows workers’personality rights with a distinct specificity that differs from other civil subjects.The specificity of workers’per-sonality rights is primarily manifested in three aspects:the exercise of rights is restricted by the employer;personality rights infringements often accompany violations of workers’economic property rights;and the scope of rights is not limited to the duration of employment.To respond to the specificity arising in the labor domain,certain disputes concerning workers’personality rights should be handled through la-bor dispute resolution procedures.In individual cases,judicial author-ities should differentiate among protection levels based on the specific type of personality rights involved,with a focus on examining the rea-sons,methods,and extent of the employer’s restrictive actions,thereby establishing a practical and reasonable review system.。

How does the Civil Code Process the Civil and Commercial Relations According to the Insurance Law

The relationship between the civil law and commercial law is a long-standing issue of controversy in the area of private law, and it is also an issue of unavoidably legislative selection during the codification the civil code in almost every country. Since the founding of the People Republic of China, China has carried out the codification of civil code for four times, and since the part^s eighteen plenary session officially proposed the ＇codification of civil code＇, the issue of the civil and conmaercial relation draws the attention again, either unification or division of civil and commercial law directly affects the system and content of the civil code, and affects how to process the relationship between the civil law and commercial law during the codification of the civil code as well. The codification of the civil code should not only consider the legislative tradition of the civil and commercial legislation and the current legal system, but also pursue characteristics of the commercial law, in a system of combining civil and commercial law, through adding commercial law into the general principle of civil law; the existing commercial law should be separately retained.

On the“News Exception”in Personal Information Protection

Protection of personal information is a significant issue in the construction of legal systems in various countries in the information age.Introducing a balanced approach for protecting personal information is an important goal of basic human rights protection and data legislation.Personal information protection involves comprehensive considerations among various values,and the balanced structure between personal information rights and other rights systems has become the key to legislation on personal information protection.The“news exception”is a prominent example representing the balanced structure of personal information protection.As a societal instrument,news not only pursues commercial value but also advocates freedom of expression and public value.There exists a natural tension between news and personal information protection.The“news exception”of the balanced structure has become a fundamental requirement and important connotation for constructing a system for protecting personal information.The balanced structure of the“news exception”requires a reasonable definition of the concept and purpose of news,and both the self-discipline within the news industry and the judicial intervention are necessary factors.China has preliminarily completed the top-level legislative design of personal information protection through laws such as the Civil Code of the People’s Republic of China(PRC)and the Personal Information Protection Law of the People’s Republic of China.However,the balanced mechanism of the“news exception”has not yet been fully established in China.A“news exception”based on the ideas of balance and the improvement of the institutional system is the fundamental principle for the development of China’s personal information protection system.

The Sumame of Turkish Women： A Question of Identity？

After the foundation of Turkish Republic in1923, Turkish Civil Code which was codificated from Switzerland in 1926 was a new code for modem Turkey that aimed gender equality. Even if, there were some articles, contrary to the equality of men and women, they were ignored when they were compared with the reforms performed in favor of women. The surname of woman was one of the issues where there was gender discrimination. In the Civil Code of 1926, it was stated that the married woman must have taken her husband＇s surname after the official marriage and she had to use it through her marriage life. In 1997, there was an amendment in TCC Article 153 that the married woman had the right to register her maiden name in front of her husband＇s surname which was also accepted in the new TCC in Article 187 in 2002. As the equality of the spouses is neglected under Article 187, many women are trying to change the current situation, by lawsuits. In this article, the regulations about the surname, will be discussed under personality rights and identity, within the current legislation with some court decisions from the last years in favor of women.

A Coherent Interpretation of Economic Compensation for Divorce:Taking Gender Equality as the Basis

Article 1088 of China's Civil Code grants the right to seek economic compensation in divorce cases.However,significant confusion persists regarding the values,interpretations of doctrine,and legal techniques related to this compensation.Various viewpoints have emerged on the nature of compensation,including notions of household wages,human capital investment,moral obligation,and damages recovery.Concerning compensation standards,there are proposals such as the“humanitarian assistance”theory,“household wages”theory,“expected interest”theory,or“loss of interest”theory.By examining the evolution,legal principles,and practical applications of economic compensation for divorce from a human rights perspective,we aim to establish the legal foundation for this compensation,grounded in principles of gender equality.It clarifies that the compensation essentially confirms and restores individual development opportunities and the right to development in the context of gender inequality.This approach aims to provide a more coherent interpretation of clauses of economic compensation for divorce in terms of legal purposes,legal doctrines,and legal techniques,thus offering a more reasonable perspective to reconcile theoretical and practical discrepancies in economic compensation for divorce.

Research on the Realization Mechanism of and Approach to Ecological Product Valuations

Ecological product is an innovative practice for ecological valuations in China. Due to the influence of historical conditions and development stages in China, research on the realization of ecological valuations has lagged. In the new era, the construction of an ecological civilization guided by the "Two Mountains" theory has been promoted to the national strategic level and is supporting the growth of theoretical research and practical exploration based on the understanding of ecological product values. We want to innovate and improve the system used to realize the value of ecological products by applying the existing research, which focuses on the concept definition of ecological products and their correlation theories. Through systematic expansion and upgrades in this system, the evaluation accuracy of ecological products can be improved, providing valuable references for further practical exploration and promoting an ecological culture in China.

Relief Dilemma of Sexual Harassment in the Workplace and the Way Out of Judgment——Based on Judicial Case Analysis

Through the retrieval of judicial documents involving sexual harassment in the workplace,it is found that the overall number of civil cases caused by sexual harassment in the workplace in China is very small.In related cases,the proportion of courts identifying sexual harassment in the workplace is low,the proportion of victims suing to protect their rights and interests is low,and the winning rate is also low.The main reason why it is difficult to take legal remedy is that the standards of sexual harassment identification are vague,the collection of evidence is difficult,the standards of proof are different,and it is difficult to take the liability of the employer.Article 1010 of the Civil Code stipulates the definition of sexual harassment and the whole-process prevention and treatment of the employer's obligation,which is significant progress in regulating sexual harassment in the workplace,but cannot completely solve the above problems.Before the legislation is further perfected,it is necessary to clarify the specific identification elements and judgment standards of sexual harassment,clarify the certifying power and proof standards of relevant evidence,and actively explore the path of liability of the employer.

Generation method of GPS L1C codes based on quadratic reciprocity law

A new code concept is used for the L1 civil（L1C） signal of the global positioning system（GPS）.The generation of L1C codes is quite different from the generation of traditional ranging codes.Thus,it is necessary to find a method for the correct generation to pave the way for future research.L1C codes are based on only one Legendre sequence which consists of Legendre symbols.To calculate these Legendre symbols,the Euler criterion is always used to evaluate quadratic residues.However,due to the great length of L1C codes,this procedure causes overflow problems.Therefore,the quadratic reciprocity law,some related theorems and properties are introduced to solve the problems.Moreover,if the quadratic reciprocity law,some related theorems and properties are used to calculate different Legendre symbols,the combination modes may vary,which causes a complex generation process.The proposed generation method deals with this complex generation process effectively.In addition,through simulations,it is found that the autocorrelation features of obtained Legendre sequences and L1C codes are in accordance with theoretical results,which proves the correctness of the proposed method.

Quasi-cyclic Random Projection Code and Hardware Implementation

Random Projection Code (RPC) is a mechanism that combines channel coding and modulation together and realizes rate adaptation in the receiving end. Random projection code’s mapping matrix has significant influences on decoding performance as well as hardware implementation complexity. To reduce hardware implementation complexity, we design a quasi-cyclic mapping matrix for RPC codes. Compared with other construction approaches, our design gets rid of data filter component, thus reducing chip area 7284.95 um2, and power consumption 331.46 uW in 0.13 um fabrication. Our simulation results show that our method does not cause any performance loss and even gets 0.2 dB to 0.5 dB gain at BER 10-4.

List-Serial Pipelined Hardware Architecture for SCL Decoding of Polar Codes

For polar codes,the performance of successive cancellation list(SCL)decoding is capable of approaching that of maximum likelihood decoding.However,the existing hardware architectures for the SCL decoding suffer from high hardware complexity due to calculating L decoding paths simultaneously,which are unfriendly to the devices with limited logical resources,such as field programmable gate arrays(FPGAs).In this paper,we propose a list-serial pipelined hardware architecture with low complexity for the SCL decoding,where the serial calculation and the pipelined operation are elegantly combined to strike a balance between the complexity and the latency.Moreover,we employ only one successive cancellation(SC)decoder core without L×L crossbars,and reduce the number of inputs of the metric sorter from 2L to L+2.Finally,the FPGA implementations show that the hardware resource consumption is significantly reduced with negligible decoding performance loss.

Finite rate of innovation sparse sampling for a binary frequency-coded ultrasonic signal

To achieve sparse sampling on a coded ultrasonic signal,the finite rate of innovation(FRI)sparse sampling technique is proposed on a binary frequency-coded(BFC)ultrasonic signal.A framework of FRI-based sparse sampling for an ultrasonic signal pulse is presented.Differences between the pulse and the coded ultrasonic signal are analyzed,and a response mathematical model of the coded ultrasonic signal is established.A time-domain transform algorithm,called the high-order moment method,is applied to obtain a pulse stream signal to assist BFC ultrasonic signal sparse sampling.A sampling of the output signal with a uniform interval is then performed after modulating the pulse stream signal by a sampling kernel.FRI-based sparse sampling is performed using a self-made circuit on an aluminum alloy sample.Experimental results show that the sampling rate reduces to 0.5 MHz,which is at least 12.8 MHz in the Nyquist sampling mode.The echo peak amplitude and the time of flight are estimated from the sparse sampling data with maximum errors of 9.324%and 0.031%,respectively.This research can provide a theoretical basis and practical application reference for reducing the sampling rate and data volume in coded ultrasonic testing.

Efficient FPGA implementation of AES 128 bit for IEEE 802.16e mobile WiMax standards

In an advancement of communication field, wireless technology plays a predominant role in data transmission. In the timeline of wireless domain, Wi-Fi, Bluetooth, zigbee etc are some of the standards, which are being used in today’s wireless medium. In addition, the WiMax is introduced by IEEE in IEEE 802.16 for long distance communication, specifically 802.16e standard for mobile WiMax. It is an acronym of Worldwide Interoperability for Microwave Access. It is to be deliver wireless transmission with high quality of service in a secured environment. Since, security becomes dominant design aspect of every communication, a new technique has been proposed in wireless environment. Privacy across the network and access control management is the goal in the predominant aspects in the WiMax protocol. Especially, MAC sub layer should be evaluated in the security architecture. It has been proposed on cryptography algorithm AES that require high cost. Under this scenario, we present the optimized AES 128 bit counter mode security algorithm for MAC layer of 802.16e standards. To design a efficient MAC layer, we adopt the modification of security layers data handling process. As per the efficient design strategy, the power and speed are the dominant factors in mobile device. Since we concentrate mobile WiMax, efficient design is needed for MAC Security layer. Our proposed model incorporates the modification of AES algorithm. The design has been implemented in Xilinx virtex5 device and power has been analyzed using XPower analyzer. This proposed system consumes 41% less power compare to existing system.

The Construction of Gender in Modern Chinese Law： Discrepant Gender Meanings in the Republican Civil Code

This article examines the intersection of law, gender, and modernity during the transitional Republican era （1912-49）. It approaches the topic through a critical reading of the Republican Civil Code of 1929-30, and related commentary on the code by Chinese legal experts. By analyzing the gender assumptions embodied in several newly emergent categories of legal regulation, including legal personhood, minimum marriage age, consent, domicile, surnames, marital property, and child custody, the article＇s line of questioning reveals how gender meanings helped to shape modem concepts like universality, equality, and freedom. The findings illustrate the ways in which Republican civil law broke with late imperial legal and gender norms tied to Confucian patrilineal ideology and in addition established new legal and gender meanings that helped to consolidate Chinese politics on a republican basis and to reconfigure modem gender difference on a conjugal basis.

A Historical Perspective on the Unification of Private Law and the Future of the Civil Code

China has a long tradition of legal codification. In looking at the unification of private law, we need to follow three historical threads： the historicity of law, the rationality of private law and the rules governing the growth of private rights. Following on from and amending the Draft Civil Law of 2002, we can use restorative methods to formulate a nine-part civil code suited to China＇s national circumstances. The nine parts comprise the General Principles of Civil Law; Marriage and Family Law; the Law of Succession; Real Rights Law; Intellectual Property Law; Contract Law; Employment Contract Law; Tort Liability Law; and the Law of the Application of Law for Foreign-related Civil Relations. With this goal in mind, we can adopt a four-step legislative process： firstly, integrate the Marriage Law and the Adoption Law to form a unified Marriage and Family Law; secondly, include Employment Contract Law as a separate section of the civil code; thirdly, include Intellectual Property Rights Law as a separate section of the civil code; and fourthly, amend the General Principles of Civil Law so as to integrate Personal Rights, the General Principles of Property Rights （the General Principles of Obligation）, the General Principles of Commercial Law, etc. The civil code formed on this basis possesses historicity, flexibility and contemporaneity, and would become an important constituent in the restatement of Chinese civil life and the remolding of the Chinese system of law.

The Embodiment of Enhancing Family Civility in China's Civil Code

“Development of family civilization”has joined legislative language system from policy language and ethical language,and has become the basic value orientation of the Marriage and Family Section of Civil Code of the People's Republic of China(hereinafter referred to as“the Civil Code”).We need to specify significance and jurisprudence of family civilization,and make family civilization harmonious with the basic principles(basic value orientations)of Marriage and Family Section and Inheritance Section.The significance of family civilization in the new era should be taken to include equality,respect,loyalty and unity,as is specified through the legal rules of marriage and family.Development of family civilization does not challenge freedom,but overcomes the defects of individualism in the identity community so as to fully realize the liberal and all-round development of each family member.By integrating family civilization with the basic value orientation of its Marriage and Family Section,the Civil Code has demonstrated a basic position of valuing“family”and of“coordinating the relationship betweenaindividual and family.”Moreover,it has revealed the basic attitude of Chinese people towards marital relationship and even towards marriage and family:Marriage and family provide a warm harbor of ethical love with legal significance,a weal-and-woe-sharing community of affection and property wherein family members,husband and wife in particular,focus on overall coordination.It is a closeknit group of equality,harmony,solidarity,like-mindedness,mutual respect and care for the elderly and for the young,and of trust-worthy team.

RENMIN LAW FACULTIES OFFER PUBLIC LECTURES ON THE CIVIL CODE

Renmin University of China Law School(Renmin Law School)and Baidu,jointly produced 12 public lectures,from May 28 to June 3,2020,in order to fully interpret the meaning and impact of the newly legislated Civil Code.These lectures have been delivered by 10 outstanding civil law professors,including WANG Liming,WANG Yi,GAO Shengping,LONG Yifei,SHI Jiayou,ZHU Hu,YANG Lixin,YAO Hui,SUN Ruojun and ZHANG Xinbao.