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.

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.

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.

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.

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.

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.

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.

On the Legislative Concept and New Rules of the System of Marriage and Family in China's Civil Code

Twenty-four new or revised systems or rules have been incorporated in the Civil Code of the People's Republic of China for the purpose of strengthening the State's protection of marriage and family,promoting development of family civilization,and respecting the autonomy of the parties to marriage and family.Furthermore,they are designed for advancing equal marriage and family status,implementing the principle for the best interests of children,and protecting the rights and interests of the weak in marriage and family.In the Marriage and Family Section of the Civil Code,the Chapter 1“General”has got the new principle of the State protecting marriage and family,new advisory rule for promoting development of marriage and family civilization,and new principle for protecting the best interest of adoptees.Moreover,it has defined the types of relatives,close relatives and family members.In the Chapter 2“Marriage,”the lawful circumstances for prohibiting marriage and for invalidating marriage are reduced,the scheme of revoking a marriage is revised and supplemented;the obligation of telling the truth about major diseases,and the right for the innocent party to claim damages for an invalid or revoked marriage,are added.In the Chapter 3“Family Relations,”the rules of husband and wife's family agency right and its restriction,the rules of marital common debt determination,the rules of marital common property split,and the rule of litigation for the confirmation and denial of parent-child relationship,are added;in the Chapter 4“Divorce,”the pre-divorce coolingoff period and the time for dissolution of marriage relationship are added,the legal circumstances for divorce in litigation,the rules for dealing with child support during divorce,and the principle of splitting the common property of divorced couples are supplemented,the applicable conditions of divorce financial compensation and divorce financial assistance are modified,and the legal circumstances for divorce damage compensation is increased;in the Chapter 5“Adoption,”the age of adoptees and the number of adopted children are relaxed,the conditions of adopters are revised,and the adoption evaluation rules are added.

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.

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.

宪法视野下的婚检制度变革与完善——基于《民法典》第1053条告知义务的履行

《民法典》第1053条对禁婚疾病传统作出重大调整,成为新时代背景下婚检制度设计的重要法律依据。在婚姻宪法保护框架下,“婚姻自由—私人告知—自愿婚检”的传统思路忽略了比“婚姻自由保护”更为根本的“婚姻传统功能保护”。婚姻的公共性及解决相关司法实践难题的客观需要,使得婚检融入履行环节成为可能。从《宪法》到《民法典》再到《婚姻登记条例》,民法典时代婚检制度设计应沿循“婚姻保护—法定告知—弱强制婚检”设计思路,采取“程序强制+形式审查”模式,即当事人于婚前相互告知专业健康检查结论,婚姻登记机关仅要求当事人填写知晓声明并进行必要口头提示而不对告知内容及其真实性进行实质审查。

“避风港”规则的实践困境与完善路径

“避风港”规则是判定网络侵权责任的重要规则之一,在互联网发展早期较好地平衡了权利保护与产业发展的关系。但随着新技术新业态的快速发展,“避风港”规则在新技术环境下面临着一系列实践困境:网络内容分享平台驶入“避风港”的条件不明确,对特定侵权内容的通知处置难以遏制重复侵权,公法审查义务可能会架空“避风港”规则的适用。摆脱这些困境,就应该在《民法典》解释论框架下,合理划定新技术环境下平台应尽的注意义务,适当扩展解释“必要措施”以遏制重复侵权,澄清私法注意义务与公法审查义务的关系。

高职院校课程思政的实施路径与建设策略——以建筑工程技术专业为例

沈阳职业技术学院首创“三全五维三纲九目”的素质教育育人模式,在此基础上,建筑工程学院积极关注建筑工程技术专业课程思政建设体系的构建,探索适合建筑工程技术专业课程思政建设新策略及实施新路径,提出了“专业课程体系整合构建多维延伸课堂共聚同行”的新策略,形成了“觉察→研析→施用→评价”的课程思政实施路径,为找到科学适用的课程思政建设改革途径提供合理建议,为课程思政改革工作提供新视角。

网络文明建设的时代语境、重要特征和实现路径

网络文明是伴随人类进入互联网时代而产生的一种新的文明形式,是人类文明的重要组成部分和重要标志,是社会发展进步的重要体现。加强网络文明建设是实施文化强国和网络强国战略的重要内容。当前,纷繁复杂的国际话语格局、风谲云诡的社会思潮持续威胁我国网络文明建设进程。基于人类文明新形态的时代语境,网络文明建设不仅是社会主义精神文明建设的现实需要,更是推进网络强国战略向纵深发展的重要抓手。网络文明建设应深刻把握党性与人民性统一的价值特征、技术驱动性与发展融合性统一的发展特征、共建性与共享性统一的实践特征和系统性与前瞻性统一的战略特征。为了高质量建设网络文明,须从顶层设计优化、内容生态建设、网络道德建设、网络法治建设和聚力科技赋能五个维度精准把握,坚持制度引领、政治导向、以德促管、依法治网和强化智治支撑,凝聚强大发展合力,构筑积极健康、向上向善的网络文化,为中国式现代化提供风清气正的网络空间与健康和谐的网络生态。

养老保障视域下《民法典》赡养义务体系化之论

《民法典》使赡养义务体系化,但相关解释论的缺失影响了赡养义务功能的实现。为此,需要根植法律体系、立足社会现实,构建赡养义务体系解释论。以生存保障功能为起点,经由实践演进、理论沿革与条文修改,总则性赡养义务条款发展出全面性内涵。将赡养理解为全面性赡养,是《民法典》赡养义务实质体系化的基础。以合理性与可行性为考量,需要界分法律性赡养与道德性赡养,且子女、孙子女、外孙子女的强制性赡养义务应被限制为物质性赡养。而在以被赡养人为中心的理念下,孙子女、外孙子女赡养义务虽属次生补位性质的义务,但其履行基准不宜与子女赡养义务有所区分。有关丧偶儿媳、女婿赡养义务的条款属于权利取得条款,具有激励性、倡导性作用,其伦理基础是继承人与被继承人之间形成的家庭性、道德性关系,因而其要件不宜限定为物质性要素,而应综合考虑物质性赡养、精神性赡养、照料、保护等要素。