Impact of Mandatory Provisions on the Validity of Juristic Acts: A Path for Legal Policy Analysis

Contrary to the approach in judicial practice,Paragraph 1,Article 153,of the Civil Code of the People’s Republic of China,as a rule of invalidity for violating mandatory provisions,does not adopt a dichotomy towards mandatory provisions with effectiveness and administrative characteristics,yet it maintains the legislative philosophy of differentiation.It leaves unspecified whether mandatory provisions that do not explicitly render a juristic act invalid impact the act’s validity,entrusting this determination to the discretion of judges on a case-by-case basis.When judges,under the authority of Paragraph 1,Article 153 of the Civil Code,explore the normative intent of mandatory provisions to assess their effect on the validity of juristic acts,they should engage in legal policy analysis centered on consequence-based argumentation to overcome the limitations of norm typological analysis.This analysis employs a reasoning model predicated on the normative purpose,utilizing a consequencefocused interpretative approach for formulating and arguing propositions of rules applicable to pending cases,thereby arriving at case-specific conclusions.Since the invalidation of juristic acts serves as an auxiliary regulatory tool for the state economy and society,a consequence-oriented interpretation needs to be based on the idea of mutual instrumentalization of public and private laws.This entails predicting the outcomes of negating the validity of a juristic act in industrial regulatory scenarios and assessing these outcomes within the framework of public and private regulatory instruments.

The Analysis and Modification of Opportunity Cost of Investment

We think we should use basic return rate of industry to measure the opportunity cost of capital and use the rule of Maximum NPV （Net Present Value） to modify the wrong solution in the book.

Investigating the Legitimacy of the Plight and Countermeasures of Enterprise System Under the Current Legal Framework

Enterprise regulations and rules play a major role in corporate governance.However,in recent years,a large number of enterprise regulations and rules were illegal and were thus annulled by the court,and enterprises bear related liability to pay compensations.The author analyzed and discussed the predicament of legitimacy in enterprise rules and regulations step by step in three aspects including the legal connotation of enterprise rules and regulations,legitimacy dilemma in the enterprise rules and regulations,measures should be taken by enterprises under the current law framework.The paper aims to provide ideas and thoughts for Chinese enterprises to overcome the legitimacy dilemma of enterprise rules and regulations and give full play to their important roles in corporation governance.

Assessing the pomfret stock for setting catch limits in the northern Bay of Bengal,Bangladesh

Pampus argenteus and Pampus chinensis form the high-value demersal Pomfret fishery of Bangladesh.But,due to a monotonic decline in catches over the last five years,it is essential to explore the current stock status concerning the removal rate to ensure the sustainability of this fishery.Therefore,given the reliability and minimal data requirements,this study employed an extended Bayesian State-Space Surplus Production Model,JABBA(Just Another Bayesian Biomass Assessment),to assess the stock rigorously.The results revealed that the stock biomass of the Pomfret fishery in the final year of the time series is significantly lower than BMSY,the biomass required to produce MSY.Consequently,this study recommends a yearly catch limit(TAC)of 10,000 metric tons to prevent further depletion of the stock biomass.Furthermore,to avoid growth overfishing by allowing all immature fishes to reproduce at least once before being caught,this study also calculated the optimum length(Lopt)for catch for both species at which biologically maximum yield and revenue can be obtained.The estimated Lopt is 25 cm for P.argenteus and 30 cm for P.chinensis,and not to capture fishes with lengths lower than these limits,this study further calculated the minimum mesh size limits for gill and set bag nets is 7.5 cm.Though the mesh size regulation was estimated using length-based reference points derived from an empirical equation,this regulation can be used as an associate reference point when TAC is applied to assure the sustainability of this fishery.

Combined influence of nonlinearity and dilation on slope stability evaluated by upper-bound limit analysis

The combined influence of nonlinearity and dilation on slope stability was evaluated using the upper-bound limit analysis theorem.The mechanism of slope collapse was analyzed by dividing it into arbitrary discrete soil blocks with the nonlinear Mohr–Coulomb failure criterion and nonassociated flow rule.The multipoint tangent(multi-tangent) technique was used to analyze the slope stability by linearizing the nonlinear failure criterion.A general expression for the slope safety factor was derived based on the virtual work principle and the strength reduction technique,and the global slope safety factor can be obtained by the optimization method of nonlinear sequential quadratic programming.The results show better agreement with previous research result when the nonlinear failure criterion reduces to a linear failure criterion or the non-associated flow rule reduces to an associated flow rule,which demonstrates the rationality of the presented method.Slope safety factors calculated by the multi-tangent inclined-slices technique were smaller than those obtained by the traditional single-tangent inclined-slices technique.The results show that the multi-tangent inclined-slices technique is a safe and effective method of slope stability limit analysis.The combined effect of nonlinearity and dilation on slope stability was analyzed,and the parameter analysis indicates that nonlinearity and dilation have significant influence on the result of slope stability analysis.

Pesticide food safety standards as companions to tolerances and maximum residue limits

Allowable levels for pesticide residues in foods, known as tolerances in the US and as maximum residue limits （MRLs） in much of the world, are widely yet inappropriately perceived as levels of safety concern. A novel approach to develop scientifically defensible levels of safety concern is presented and an example to determine acute and chronic pesticide food safety standard （PFSS） levels for the fungicide captan on strawberries is provided. Using this approach, the chronic PFSS level for captan on strawberries was determined to be 2 000 mg kg-1 and the acute PFSS level was determined to be 250 mg kg-1. Both levels are far above the existing tolerance and MRLs that commonly range from 3 to 20 mg kg-~, and provide evidence that captan residues detected at levels greater than the tolerance or MRLs are not of acute or chronic health concern even though they represent violative residues. The benefits of developing the PFSS approach to serve as a companion to existing tolerances/MRLs include a greater understanding concerning the health significance, if any, from exposure to violative pesticide residues. In addition, the PFSS approach can be universally applied to all potential pesticide residues on all food commodities, can be modified by specific jurisdictions to take into account differences in food consumption practices, and can help prioritize food residue monitoring by identifying the pesticide/commodity combinations of the greatest potential food safety concern and guiding development of field level analytical methods to detect pesticide residues on prioritized pesticide/commodity combinations.

Soil water resources use limit in the loess plateau of China

Soil water is a key factor limiting plant growth in water-limited regions. Without limit of soil water used by plants, soil degradation in the form of soil desiccation is easy to take place in the perennial forestland and grassland with too higher density or productivity. Soil water resources use limit (SWRUL) is the lowest control limit of soil water resources which is used by plants in those regions. It can be defined as soil water storage within the maximum infiltration depth in which all of soil layers belong to dried soil layers. In this paper, after detailed discussion of characteristics of water resources and the relationship between soil water and plant growth in the Loess Plateau, the definition, quantitative method, and practical applications of SWRUL are introduced. Henceforth, we should strengthen the study of SWRUL and have a better understanding of soil water resources. All those are of great importance for designing effective restoration project and sustainable management of soil water resources in water- limited regions in the future.

Flexible Power Regulation and Limitation of Voltage Source Inverters under Unbalanced Grid Faults

This paper develops a flexible power regulation and limitation strategy of voltage source inverters(VSIs)under unbalanced grid faults.When the classical power theory is used under unbalanced grid faults,the power oscillations and current distortions are inevitable.In the proposed strategy,the extended power theory is introduced to compute the power feedbacks together with the classical power theory.Based on the combination of the classical and extended power theory,the proposed strategy can achieve the sinusoidal current provision and the flexible regulation between three common targets,i.e.,constant active power,balanced current,and constant reactive power.Meanwhile,the proposed strategy is associated with a power limiter,which is capable to keep the currents under the pre-defined threshold and to compute the maximum apparent power for better utilization of the inverter capacity.With this power limiter,the rated inverter capacity is fully used for both the active and reactive power provisions under unbalanced grid faults.Using the proposed power regulation and limitation,the VSI can avoid overcurrent tripping and flexibly regulate its power under unbalanced grid faults.All the conclusions are verified by the real-time hardware-in-loop tests.

Relationship between Quasi－parabolic Regulation and Rule of Increasing Oxygen

In this paper the relation is derived between quasi-parabolic regulation and the rule of increasing oxygenpotential. Using these rules in Co-O binary system the stability of compounds CoO and Co_3O_4 is examined.

Experimental study of the wheel/rail impact caused by wheel flat within 400 km/h using full-scale roller rig

Purpose–In service,the periodic clashes of wheel flat against the rail result in large wheel/rail impact force and high-frequency vibration,leading to severe damage on the wheelset,rail and track structure.This study aims to analyze characteristics and dynamic impact law of wheel and rail caused by wheel flat of high-speed trains.Design/methodology/approach–A full-scale high-speed wheel/rail interface test rig was used for the test of the dynamic impact of wheel/rail caused by wheel flat of high-speed train.With wheel flats of different lengths,widths and depths manually set around the rolling circle of the wheel tread,and wheel/rail dynamic impact tests to the flats in the speed range of 0–400 km/h on the rig were conducted.Findings–As the speed goes up,the flat induced the maximum of the wheel/rail dynamic impact force increases rapidly before it reaches its limit at the speed of around 35 km/h.It then goes down gradually as the speed continues to grow.The impact of flat wheel on rail leads to 100–500 Hz middle-frequency vibration,and around 2,000 Hz and 6,000 Hz high-frequency vibration.In case of any wheel flat found during operation,the train speed shall be controlled according to the status of the flat and avoid the running speed of 20 km/h–80 km/h as much as possible.Originality/value–The research can provide a new method to obtain the dynamic impact of wheel/rail caused by wheel flat by a full-scale high-speed wheel/rail interface test rig.The relations among the flat size,the running speed and the dynamic impact are hopefully of reference to the building of speed limits for HSR wheel flat of different degrees.

Inefficiency of the Volcker Rule in Regulating Banking Activity

As a section of Dodd-Frank Act,the Volcker Rule bans proprietary trading for banking entities.In view of the outcome of financial tsunami,US Congress enacted such legislation to restrict proprietary trading activities.However,proprietary trading has moved to less-regulated business sectors,such as hedge funds which may increase overall risk,absent market or regulatory restraint.Since the Volker Rule only focus on proprietary trading,it may neglect the significant problems which truly resulted in the serious financial crisis.The Rule also failed to tackle the long-term commitment which is thought to be one major source of banking losses.In addition,given the difficulties of distinguishing proprietary trading from permitted activities,the Volker Rule probably did not fulfil its regulatory function.For the banking entities,it is important to distinguish between proprietary trading and permitted activities.To be effective,new financial regulation must reflect new relationships in the marketplace,but the Volker Rule fails to reflect the financial reality which requires remedial measures.

Non-Euclidean Geometry and Regulated Characteristics of Limited Capacity Power Supply

The restriction of load power, two-valued regulation characteristic, and interference of several loads are observed in power supply systems with a limited capacity of voltage sources. In this paper, the definition of regime in an invariant form through different parameters, of changes of transformation ratio and voltage load is grounded for these circuits with two loads. The approach for interpretation of changes or ＂kinematics＂ of load regime is presented by using the conformal and hyperbolic plane. To simplify the task and reveal the basic moments of influence of the limited source power, the static regulation characteristics and idealized models of voltage converters are considered. Geometrical interpretation of a simplified model of multichannel power supply system allows basing the definition of operating regime parameters. Results can be useful for electric circuit theory education and for voltage coordinated control of given loads. Non-Euclidean geometry is a new mathematical apparatus in the electric circuit theory, adequately interprets ＂kinematics＂ of circuit, and provides a validation for the introduction and definition of the proposed concepts. From the methodological point, the presented approach is applied for a long time in other scientific domains, as mechanics and biology.

OUTPUT REGULATION OF THE GENERAL NONLINEARDISCRETE-TIME SYSTEM

With the use of centre manifold and dynamic system theory, the necessary and sufficient conditions are obtained for the solvabilities of the output regulator problems for the general nonlinear discrete-time system. This work generalizes and refines the corresponding results by Isidori and Byrnes on the affine nonlinear continuous-time 'system.

MAXIMAL EXPIRATORY FLOW AND THE VENTILATORY RESPONSE TO EXERCISE

目的本文探讨了最大呼气量对运动通气反应的影响。方法选择6名较高最大呼气量(FEV1>80%Pred;FEV1/FVC>72%)和5名较低最大呼气量(FEV1<80%Pred;FEV1/FVC<72%)者作为受试者。每名受试者尽最大力至疲劳,交替呼吸室内空气或含有3%CO2和76%N2的混合空气后用梯度循环测力仪进行测定。肺容量和流量环在每2min增加工作功率(20或30W)时进行测定,并对休息状态的数值进行分析。完成这两项测试后,分析通气阈(VTh)和最大运动值的最高等量工作率(HEWR)。结果在休息或VTh状态下呼吸CO2时,高流量者和低流量者的通气均增加(P<0.001)。呼吸CO2时,高流量者的HEWR增大(P<0.05)。而呼吸CO2时,如其对运动时的通气反应高于通气阈则使低流量者与呼吸室内空气者相比,其运动时的通气反应减少(P<0.05)。且吸入CO2运动时的通气反应高于通气阈者与FEV1(%Pred)(r=0.72,P<0.02)呈显著相关性。低流量者行最大运动的终末呼气肺容量和终末吸气肺容量在呼吸室内空气或CO2时较高,分别P<0.001、P<0.05。结论这些结果提示,低流量者吸入CO2来增强通气需求时,对较大或最大运动量的通气反应呈约束状态。这些结果可证实,高流量和低流量受试者在呼吸室内空气和3%CO2时的呼吸机制有显著性差别。

数字规制的场景、困境与进路:作为法治场域的元宇宙

元宇宙是数字规制的新场景,相关参与场景和产品应用的广泛性决定了元宇宙风险丛生、亟待治理。元宇宙治理面临伦理治理困境,具体体现在主体性、算法正义、数据伦理等方面,这些也是数字规制的难题,在人工智能等运用场景也有显现。由于技术基础设施发展、传统法律监管滞后、数字货币监管缺位等客观情况,元宇宙法律监管也面临挑战,针对元宇宙的治理困境进行规则设计具有必要性。设计进路方面,元宇宙治理的相关规则应当以元宇宙的技术特征为底座,以算法和数据规制为抓手,以国际法与国内法的互动为方案,在国内法治、涉外法治和国际法治等不同层面确保元宇宙治理规则的宽覆盖、高效力与体系化。数字规制在确保实现人的价值的同时,需要推动数字经济和数字法治的发展。

基于频率响应特性的储能辅助电网调频方法

新能源渗透率的提高增加了电网频率控制的复杂度,储能辅助电网调频能在一定程度上缓解该问题,但受储能运行的安全性与经济性约束,要求调频措施更具针对性。文中对此展开研究,提出一种基于频率响应特性的储能辅助电网一次调频方法。首先,在储能辅助电网调频模型基础上,选择惯性加下垂的储能辅助电网调频综合控制方法,通过电网频率变化率(rate of change of frequency,RoCoF)、频率偏差与调频需求的关联性分析,设计基于频率响应特性的调频需求分区规则;然后,根据不同调频需求对应的分区判断,对储能有功输出方式进行动态调整,以响应调频需求的不确定性,并在此基础上,针对调频需求与储能出力需求、储能出力强弱与其循环使用寿命间的矛盾关系,通过多目标优化问题的设计与求解来予以平衡;最后,仿真结果验证了所提方法能够在保证电网调频效果的基础上,有效降低储能充放电深度。

乡村治理法治体系构建问题研究

乡村治理是国家治理的基石和乡村振兴的基础。提升乡村治理和乡村建设质量,扎实有序做好乡村治理和乡村建设工作,需要重构乡村振兴中的社区治理共同体,优化社区自组织社会风险防范机制,构建新型乡村社区“三社联动”机制,构建多层次新型村庄治理共同体格局。乡村治理法治体系构建的关键在于:发挥村规民约在乡村治理中的作用,效法“枫桥经验”把矛盾纠纷化解在基层,把地方性治理规范融入全过程人民民主,给乡镇政府公共服务能力的提升增权赋能。构建乡村治理法治体系的主要路径是:发挥基层党组织在乡村治理中的引领作用,凸显基层协商民主在乡村治理中的民主意识,强化家庭家教家风在乡村治理中的修复功能,重视新乡贤在乡村振兴中的重要作用。

企业数据的知识产权保护

企业数据和知识产权的客体之间存有共性。二者的保护基础理论相互融通,并且企业数据权利与知识产权权利结构相近似,这为企业数据的知识产权保护奠定了基础。检视现有知识产权制度框架下保护模式的有限性以识别现有制度与企业数据保护问题之间真正无法重合的地带。构建和完善企业数据保护规则须对企业数据进行类型化结构,基于类型化区分和场景化差异探寻不同保护路径。从解释论角度而言,对于无法纳入既有法定权利范畴的企业数据权益,适用《反不正当竞争法》一般条款规制未被类型化权益,关键在于客观审查数据使用行为是否违反商业道德。从立法论角度而言,可参照知识产权的行为规制赋权化路径,将规制焦点建立在对企业数据的利用行为上,对利用行为进行类型化提炼,建构一种以禁止权和报酬权为核心的不完满的控制权和有限度的排他权。

植物生长调节剂在花生中的应用及安全性分析

为明确花生生产中植物生长调节剂的使用情况,通过查询中国农药信息网,统计汇总花生目前有效登记调节剂种类,并查询食品安全国家标准《食品中农药最大残留限量》(GB 2763—2021)中花生中调节剂的最大残留限量和检测方法,分析花生生产中主要使用的调节剂的毒性,为下一步相关标准的制定和修订提出意见和建议,同时也为花生产业的出口创汇及高质量发展提供参考,提升中国花生产业的国际竞争力,保障中国花生产业健康可持续发展。

实验室危险化学品储存限量法规标准研究

随着高校教学科研的不断发展和扩大,开展实验所涉及的危险化学品种类和数量逐年增多,本文针对高校实验室危险化学品存量的现状及存在的问题,选取我国具有代表性的法律、法规和标准,并针对其中关于危险化学品储存及其限量的相关规定进行比较分析,提出符合高校实验室的危险化学品储存限量标准化精细研究的建议,为实验室危险化学品储存管理提供合理合法的依据,有助于提高了危险化学品科学监管水平,降低实验室安全风险。