Environmental stewardship is one of the main indicators of corporate performance and reputation among investors today. However, historical operational practices and accidents have created significant environmental lia...Environmental stewardship is one of the main indicators of corporate performance and reputation among investors today. However, historical operational practices and accidents have created significant environmental liabilities in the industrial sector, and now require significant investments for appropriate management and resolution. A strategic approach is imperative to assure that company’s financial resources are effectively allocated, and shareholders’ interests are protected. In addition, these liabilities must be appropriately and continuously reported, which require the use of robust forecasting techniques such as Monte Carlo Simulation. The present study results demonstrate that under an optimized strategic approach, liability management costs may be reduced in approximately 50%. In addition, the financial forecast under the selected approach may support appropriate reporting of company’s liabilities.展开更多
The paper analyzes the benefit and risk of liabilities operation in telecom enterprises and the advantages of internal and external conditions in liabilities operation. The quantitative model of liabilities scale is s...The paper analyzes the benefit and risk of liabilities operation in telecom enterprises and the advantages of internal and external conditions in liabilities operation. The quantitative model of liabilities scale is studied by analyzing the factors that act on the liabilities scale.展开更多
In the intricate landscape of healthcare,vicarious liability looms large,shaping the responsibilities and actions of healthcare practitioners and administrators alike.Illustrated by a poignant scenario of a medication...In the intricate landscape of healthcare,vicarious liability looms large,shaping the responsibilities and actions of healthcare practitioners and administrators alike.Illustrated by a poignant scenario of a medication error,this article navigates the complexities of vicarious liability in healthcare.It explains the legal basis and ramifications of this theory,emphasizing its importance in fostering responsibility,protecting patient welfare,and easing access to justice.The paper explores the practical effects of vicarious responsibility on day-to-day operations,leadership practices,and decision-making processes via the eyes of senior consultants,junior doctors,and hospital administrators.Through comprehensive insights and real-world examples,it underscores the imperative of fostering a culture of accountability,communication,and quality care to navigate the intricate web of liabilities inherent in modern healthcare.展开更多
We hereby comment on the interesting systematic review by Grewal et al where they have provided an overall picture of the current status of available tele-health programs in the United States with emphasis on the Amaz...We hereby comment on the interesting systematic review by Grewal et al where they have provided an overall picture of the current status of available tele-health programs in the United States with emphasis on the Amazon Clinic.Their analysis is an appreciable effort in discovering the features available and features lacking in these tele-health programs.The concept of tele-health originated to curtail the need for physical attendance of patients at health clinics,and has been beneficial during the coronavirus disease 2019 pandemic.We implore that the pearls and pitfalls of these programs have to be understood by policymakers prior to forming a consensus regarding the availability,accessibility and affordability of these programs as methods of healthcare delivery.Unrestricted proliferation of tele-health programs in their current form may pose threats to patient and provider safety and medicolegal liability.However,patients and providers must work together to improve them to meet their expectations and enable them to provide the best care for the ailing public.展开更多
Introduction:A growing belief that accounting can and should play a role in halting and reversing degradation of ecosystems is leading to conceptual and methodological develop-ments that recognize the cost of degradat...Introduction:A growing belief that accounting can and should play a role in halting and reversing degradation of ecosystems is leading to conceptual and methodological develop-ments that recognize the cost of degradation,attribute the cost to the entities responsible and assure that entities can't ignore the economic burden associated with it.Outcome:Demonstration accounts prepared around a scenario where agricultural use of land includes an obligation to maintain ecosystem condition.The accounts are compliant and coherent with both the intermational accounting standards for individual entities and the United Nations'System of Environmental-Economic Accounting.Discussion:Accounting for labilities for ecosystem degradation demonstrates that,where the liability reflects the lost economic value of the ecosystem,the accounts communicate a reduction in the total net worth of the economy and a redistribution of net worth away from the party responsible for the degradation.The inclusion of both libilties for degradation and the cost of degradation does not lead to double-counting the economic impact of degradation.Conclusion:Accounting principles and frameworks encourage greater accountability for entities responsible for ecosystem condition by providing greater visibility of the economic cost to individual entities,governments and nations.展开更多
With the rapid advancement of medical artificial intelligence(AI)technology,particularly the widespread adoption of AI diagnostic systems,ethical challenges in medical decision-making have garnered increasing attentio...With the rapid advancement of medical artificial intelligence(AI)technology,particularly the widespread adoption of AI diagnostic systems,ethical challenges in medical decision-making have garnered increasing attention.This paper analyzes the limitations of algorithmic ethics in medical decision-making and explores accountability mechanisms,aiming to provide theoretical support for ethically informed medical practices.The study highlights how the opacity of AI algorithms complicates the definition of decision-making responsibility,undermines doctor-patient trust,and affects informed consent.By thoroughly investigating issues such as the algorithmic“black box”problem and data privacy protection,we develop accountability assessment models to address ethical concerns related to medical resource allocation.Furthermore,this research examines the effective implementation of AI diagnostic systems through case studies of both successful and unsuccessful applications,extracting lessons on accountability mechanisms and response strategies.Finally,we emphasize that establishing a transparent accountability framework is crucial for enhancing the ethical standards of medical AI systems and protecting patients’rights and interests.展开更多
1Legal requirements The author(s)guarantee(s)that the manuscript will not be published elsewhere in any language without the consent of the copyright holders,that the rights of third parties will not be violated,and t...1Legal requirements The author(s)guarantee(s)that the manuscript will not be published elsewhere in any language without the consent of the copyright holders,that the rights of third parties will not be violated,and that the publisher will not be held legally responsible should there be any claims for compensation.展开更多
1 Legal requirements The author(s)guarantee(s)that the manuscript will not be published elsewhere in any language without the consent of the copyright holders,that the rights of third parties will not be violated,and ...1 Legal requirements The author(s)guarantee(s)that the manuscript will not be published elsewhere in any language without the consent of the copyright holders,that the rights of third parties will not be violated,and that the publisher will not be held legally responsible should there be any claims for compensation.展开更多
Although legal liability is a key component of local regulations and ensures their effective implementation,existing research has paid insufficient attention to the techniques for setting legal liability clauses in th...Although legal liability is a key component of local regulations and ensures their effective implementation,existing research has paid insufficient attention to the techniques for setting legal liability clauses in the local legislation,due to a lack of systematic analysis.To address this gap,this paper employs the interview method to empirically examine the formation process,as well as the techniques for establishing legal liability in local legislation,with the aim of revealing the primary legislative techniques for formulating legal liability clauses in local legislation and their application principles.Drawing from these empirical findings and analytical insights,the research demonstrates that the legal liability-setting techniques in local legislation tend to exhibit a weak coherence with regard to logic and a strong policy orientation.These issues potentially create tension with the legal norms’demands for certainty,abstraction,and completeness.Therefore,this paper proposes a three-pronged framework to harmonize competing demands by respecting local particularities and achieving context-sensitive regulatory balance.This framework advocates that local legislative practice should(a)prioritize practical rationality and rule effectiveness over logical completeness,acknowledging inherent conflicts with traditional legislative models;(b)adopt a typological legislative method to balance normative principles with governance efficiency by transcending logic-experience binaries;and(c)establish a dynamic updating mechanism with regular evaluation to maintain adaptability to socio-economic evolution.展开更多
This paper explores the recent evolution of Chinese investment in the wine industries in the Bordeaux region of France and Western Australia （WA）. The study identifies variations in the nature of the investments und...This paper explores the recent evolution of Chinese investment in the wine industries in the Bordeaux region of France and Western Australia （WA）. The study identifies variations in the nature of the investments undertaken, which are not always consistent with existing theory. We explore how these differences impact on the liability of foreignness （LOF） experienced （Eden and Miller, 2004; Zaheer, 1995）. We find evidence of all three of the categories of hazards identified by Eden and Miller （2004）, with unfamiliarity being particularly significant, especially for wholly owned investments. We postulate that differences in context between home and host countries are a key factor explaining both the observed difficulties and the differences in experiences. The findings of our work on LOF, in terms of its nature and mitigating strategies, resonate well with existing theory, although we also find evidence of a Country of Origin （COO） effect, both in terms of Liability of Origin （LOR） and Assets of Foreigrmess （AOF）. The variations in entry mode and LOF, however, are less consistent with existing research and pose questions in relation to the interaction between the home and host contexts, company strategy and LOF.展开更多
In contrast to private interest litigation,public interest litigation provides a more potent solution to personal information infringements marked by extensive scope,unspecified victims,and limited individual loss.How...In contrast to private interest litigation,public interest litigation provides a more potent solution to personal information infringements marked by extensive scope,unspecified victims,and limited individual loss.However,com⁃pensatory damages remain a contentious issue,both in theory and in practice,within the legal framework of personal in⁃formation public interest litigation.Through an empirical study conducted within China's judicial practice,this paper reveals that the pending issue concerning the nature and function of compensatory damages has caused highly contra⁃dictory verdicts regarding their calculation and allocation,as well as their relationship with other forms of pecuniary li⁃abilities.Only by acknowledging the role of compensatory damages imposed in personal information public interest liti⁃gation as"Skimming off Excess Profits",and affirming their function as deterrence rather than compensation can they truly achieve the broader objective of safeguarding personal information security and promoting public welfare,as well as avoid disrupting the harmony of the existing legal landscape.展开更多
Coal bursting liability refers to the mechanical property of the degree and possibility of coal burst.The bursting liability is important to evaluate coal burst in mining.In this paper,the needle penetration test was ...Coal bursting liability refers to the mechanical property of the degree and possibility of coal burst.The bursting liability is important to evaluate coal burst in mining.In this paper,the needle penetration test was carried out to determinate the coal bursting liability,and the empirical criterion of coal bursting liability was proposed.Moreover,the machine learning method was applied to coal bursting liability determination.Through analyzing the elastic strain energy release and failure time,the residual elastic strain energy release rate index K_(RE)was proposed to evaluate the coal bursting liability.According to the relationship between needle penetration index(NPI),K_(RE)and the critical value of K_(RE),the Needle Penetration Test-based Empirical Classification Criterion(NPT-ECC)was obtained.In addition,four machine learning classification models were constructed.After training and testing of the models,Needle Penetration Test-based Machine Learning Classification Model(NPT-MLCM)was proposed.The research results show that the accuracy of NPT-ECC is 6.66%higher than that of China National Standard Comprehensive Evaluation(CNSCE)according to verification of the coal fragment ejection ratio F.Gridsearch cross validation-extreme gradient boosting(GSCV-XGBoost)has the best prediction performance among all the models,and accuracy,Macro-Precision,Macro-Recall and Macro-F1-score of which were 86.67%,88.97%,87.50%and 87.37%.Based on this,the Needle Penetration Test-based GSCV-XGBoost(NPT-GSCV-XGBoost)was proposed.After comparative analysis and discussion,NPT-GSCV-XGBoost is superior to NPT-ECC and CNSCE in the comprehensive prediction ability.展开更多
At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of dispute...At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of disputes related to violations of“sexual autonomy,”judicial biases have emerged during the trial process when courts determine the attribute of the right to“sexual autonomy.”This situation necessitates a clear legal analysis of the concept and attributes of“sexual autonomy”to establish its essential attribute as a personality right,and,from the perspective of legal doctrine,enable the justification of the right to“sexual autonomy”as either a general personality right or other personality interests,thereby providing theoretical support for courts to“adjudicate according to law.”By delineating and categorizing instances of violations of“sexual autonomy,”the constitutive elements and fundamental characteristics of such violations can be clarified.By examining the legal norms governing civil litigation and civil litigation associated with criminal cases concerning violations of“sexual autonomy,”the responsibility determination,remedies,and existing regulatory loopholes regarding violations of“sexual autonomy,”especially in cases involving both criminal and civil matters,can be defined.Based on this foundation,the legal basis,determination mechanism,and compensation standards for claiming compensation for mental damages resulting from violations of“sexual autonomy”can be elucidated.展开更多
The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessmen...The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessment,and liability.Traditional tort law is unable to provide a robust response for these challenges,which severely hinders human rights protection in the digital society.The dynamic system theory represents a third path between fixed constitutive elements and general clauses.It both overcomes the rigidity of the“allor-nothing”legal effect evaluation mechanism of the“element-effect”model and avoids the uncertainty of the general clause model.It can effectively enhance the flexibility of the legal system in responding to social changes.In light of this,it is necessary to construct a dynamic foundational evaluation framework for personal information infringement under the guidance of the dynamic system theory.By relying on the dynamic interplay effect of various foundational evaluation elements,this framework can achieve a flexible evaluation of the constitutive elements of liability and the legal effects of liability for personal information infringement.Through this approach,the crisis of personal information infringement in the era of big data can be mitigated,and the realization of personal information rights as digital human rights can be promoted.展开更多
The risk analysis evaluates the probability of occurrence with the impact of said risks.In the hydrocarbon sector,an environmental liability is an improperly abandoned facility,soil contaminated by spills or others.Th...The risk analysis evaluates the probability of occurrence with the impact of said risks.In the hydrocarbon sector,an environmental liability is an improperly abandoned facility,soil contaminated by spills or others.The objective of this work is to define a risk management plan.The characterization of the residue and the area was carried out.Hazardous events were identified:overflow spill,soil contamination by infiltration,as well as radiant heat and suffocating and toxic fumes from a fire.The matrix method was applied considering the probability of occurrence against vulnerability.The danger of infiltration implied a high level of risk.The risk management plan was drawn up,its main action being the liquidation of the pool and the sanitation of the area.展开更多
Two rounds of leveraging-up have led to a high debt ratio in the Chinese economy, triggered liquidity mismatch and increased systemic financial risks. The key causes of local government liabilities are soft budget con...Two rounds of leveraging-up have led to a high debt ratio in the Chinese economy, triggered liquidity mismatch and increased systemic financial risks. The key causes of local government liabilities are soft budget constraints and non-market-based factor allocation. Currently, the risks of local government liabilities are generally controllable. This paper concludes that the long-term solution to managing local government liabilities is to enhance budget constraint and institutional assurance and proposes countermeasures in the reform of urban construction investment and ftnancing mechanisms.展开更多
文摘Environmental stewardship is one of the main indicators of corporate performance and reputation among investors today. However, historical operational practices and accidents have created significant environmental liabilities in the industrial sector, and now require significant investments for appropriate management and resolution. A strategic approach is imperative to assure that company’s financial resources are effectively allocated, and shareholders’ interests are protected. In addition, these liabilities must be appropriately and continuously reported, which require the use of robust forecasting techniques such as Monte Carlo Simulation. The present study results demonstrate that under an optimized strategic approach, liability management costs may be reduced in approximately 50%. In addition, the financial forecast under the selected approach may support appropriate reporting of company’s liabilities.
文摘The paper analyzes the benefit and risk of liabilities operation in telecom enterprises and the advantages of internal and external conditions in liabilities operation. The quantitative model of liabilities scale is studied by analyzing the factors that act on the liabilities scale.
文摘In the intricate landscape of healthcare,vicarious liability looms large,shaping the responsibilities and actions of healthcare practitioners and administrators alike.Illustrated by a poignant scenario of a medication error,this article navigates the complexities of vicarious liability in healthcare.It explains the legal basis and ramifications of this theory,emphasizing its importance in fostering responsibility,protecting patient welfare,and easing access to justice.The paper explores the practical effects of vicarious responsibility on day-to-day operations,leadership practices,and decision-making processes via the eyes of senior consultants,junior doctors,and hospital administrators.Through comprehensive insights and real-world examples,it underscores the imperative of fostering a culture of accountability,communication,and quality care to navigate the intricate web of liabilities inherent in modern healthcare.
文摘We hereby comment on the interesting systematic review by Grewal et al where they have provided an overall picture of the current status of available tele-health programs in the United States with emphasis on the Amazon Clinic.Their analysis is an appreciable effort in discovering the features available and features lacking in these tele-health programs.The concept of tele-health originated to curtail the need for physical attendance of patients at health clinics,and has been beneficial during the coronavirus disease 2019 pandemic.We implore that the pearls and pitfalls of these programs have to be understood by policymakers prior to forming a consensus regarding the availability,accessibility and affordability of these programs as methods of healthcare delivery.Unrestricted proliferation of tele-health programs in their current form may pose threats to patient and provider safety and medicolegal liability.However,patients and providers must work together to improve them to meet their expectations and enable them to provide the best care for the ailing public.
基金This work was supported by the Fenner School of Environment and Society,Australian National University。
文摘Introduction:A growing belief that accounting can and should play a role in halting and reversing degradation of ecosystems is leading to conceptual and methodological develop-ments that recognize the cost of degradation,attribute the cost to the entities responsible and assure that entities can't ignore the economic burden associated with it.Outcome:Demonstration accounts prepared around a scenario where agricultural use of land includes an obligation to maintain ecosystem condition.The accounts are compliant and coherent with both the intermational accounting standards for individual entities and the United Nations'System of Environmental-Economic Accounting.Discussion:Accounting for labilities for ecosystem degradation demonstrates that,where the liability reflects the lost economic value of the ecosystem,the accounts communicate a reduction in the total net worth of the economy and a redistribution of net worth away from the party responsible for the degradation.The inclusion of both libilties for degradation and the cost of degradation does not lead to double-counting the economic impact of degradation.Conclusion:Accounting principles and frameworks encourage greater accountability for entities responsible for ecosystem condition by providing greater visibility of the economic cost to individual entities,governments and nations.
文摘With the rapid advancement of medical artificial intelligence(AI)technology,particularly the widespread adoption of AI diagnostic systems,ethical challenges in medical decision-making have garnered increasing attention.This paper analyzes the limitations of algorithmic ethics in medical decision-making and explores accountability mechanisms,aiming to provide theoretical support for ethically informed medical practices.The study highlights how the opacity of AI algorithms complicates the definition of decision-making responsibility,undermines doctor-patient trust,and affects informed consent.By thoroughly investigating issues such as the algorithmic“black box”problem and data privacy protection,we develop accountability assessment models to address ethical concerns related to medical resource allocation.Furthermore,this research examines the effective implementation of AI diagnostic systems through case studies of both successful and unsuccessful applications,extracting lessons on accountability mechanisms and response strategies.Finally,we emphasize that establishing a transparent accountability framework is crucial for enhancing the ethical standards of medical AI systems and protecting patients’rights and interests.
文摘1Legal requirements The author(s)guarantee(s)that the manuscript will not be published elsewhere in any language without the consent of the copyright holders,that the rights of third parties will not be violated,and that the publisher will not be held legally responsible should there be any claims for compensation.
文摘1 Legal requirements The author(s)guarantee(s)that the manuscript will not be published elsewhere in any language without the consent of the copyright holders,that the rights of third parties will not be violated,and that the publisher will not be held legally responsible should there be any claims for compensation.
文摘Although legal liability is a key component of local regulations and ensures their effective implementation,existing research has paid insufficient attention to the techniques for setting legal liability clauses in the local legislation,due to a lack of systematic analysis.To address this gap,this paper employs the interview method to empirically examine the formation process,as well as the techniques for establishing legal liability in local legislation,with the aim of revealing the primary legislative techniques for formulating legal liability clauses in local legislation and their application principles.Drawing from these empirical findings and analytical insights,the research demonstrates that the legal liability-setting techniques in local legislation tend to exhibit a weak coherence with regard to logic and a strong policy orientation.These issues potentially create tension with the legal norms’demands for certainty,abstraction,and completeness.Therefore,this paper proposes a three-pronged framework to harmonize competing demands by respecting local particularities and achieving context-sensitive regulatory balance.This framework advocates that local legislative practice should(a)prioritize practical rationality and rule effectiveness over logical completeness,acknowledging inherent conflicts with traditional legislative models;(b)adopt a typological legislative method to balance normative principles with governance efficiency by transcending logic-experience binaries;and(c)establish a dynamic updating mechanism with regular evaluation to maintain adaptability to socio-economic evolution.
文摘This paper explores the recent evolution of Chinese investment in the wine industries in the Bordeaux region of France and Western Australia （WA）. The study identifies variations in the nature of the investments undertaken, which are not always consistent with existing theory. We explore how these differences impact on the liability of foreignness （LOF） experienced （Eden and Miller, 2004; Zaheer, 1995）. We find evidence of all three of the categories of hazards identified by Eden and Miller （2004）, with unfamiliarity being particularly significant, especially for wholly owned investments. We postulate that differences in context between home and host countries are a key factor explaining both the observed difficulties and the differences in experiences. The findings of our work on LOF, in terms of its nature and mitigating strategies, resonate well with existing theory, although we also find evidence of a Country of Origin （COO） effect, both in terms of Liability of Origin （LOR） and Assets of Foreigrmess （AOF）. The variations in entry mode and LOF, however, are less consistent with existing research and pose questions in relation to the interaction between the home and host contexts, company strategy and LOF.
文摘In contrast to private interest litigation,public interest litigation provides a more potent solution to personal information infringements marked by extensive scope,unspecified victims,and limited individual loss.However,com⁃pensatory damages remain a contentious issue,both in theory and in practice,within the legal framework of personal in⁃formation public interest litigation.Through an empirical study conducted within China's judicial practice,this paper reveals that the pending issue concerning the nature and function of compensatory damages has caused highly contra⁃dictory verdicts regarding their calculation and allocation,as well as their relationship with other forms of pecuniary li⁃abilities.Only by acknowledging the role of compensatory damages imposed in personal information public interest liti⁃gation as"Skimming off Excess Profits",and affirming their function as deterrence rather than compensation can they truly achieve the broader objective of safeguarding personal information security and promoting public welfare,as well as avoid disrupting the harmony of the existing legal landscape.
基金supported by the National Natural Science Foundation of China(52225402 and U1910206).
文摘Coal bursting liability refers to the mechanical property of the degree and possibility of coal burst.The bursting liability is important to evaluate coal burst in mining.In this paper,the needle penetration test was carried out to determinate the coal bursting liability,and the empirical criterion of coal bursting liability was proposed.Moreover,the machine learning method was applied to coal bursting liability determination.Through analyzing the elastic strain energy release and failure time,the residual elastic strain energy release rate index K_(RE)was proposed to evaluate the coal bursting liability.According to the relationship between needle penetration index(NPI),K_(RE)and the critical value of K_(RE),the Needle Penetration Test-based Empirical Classification Criterion(NPT-ECC)was obtained.In addition,four machine learning classification models were constructed.After training and testing of the models,Needle Penetration Test-based Machine Learning Classification Model(NPT-MLCM)was proposed.The research results show that the accuracy of NPT-ECC is 6.66%higher than that of China National Standard Comprehensive Evaluation(CNSCE)according to verification of the coal fragment ejection ratio F.Gridsearch cross validation-extreme gradient boosting(GSCV-XGBoost)has the best prediction performance among all the models,and accuracy,Macro-Precision,Macro-Recall and Macro-F1-score of which were 86.67%,88.97%,87.50%and 87.37%.Based on this,the Needle Penetration Test-based GSCV-XGBoost(NPT-GSCV-XGBoost)was proposed.After comparative analysis and discussion,NPT-GSCV-XGBoost is superior to NPT-ECC and CNSCE in the comprehensive prediction ability.
文摘At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of disputes related to violations of“sexual autonomy,”judicial biases have emerged during the trial process when courts determine the attribute of the right to“sexual autonomy.”This situation necessitates a clear legal analysis of the concept and attributes of“sexual autonomy”to establish its essential attribute as a personality right,and,from the perspective of legal doctrine,enable the justification of the right to“sexual autonomy”as either a general personality right or other personality interests,thereby providing theoretical support for courts to“adjudicate according to law.”By delineating and categorizing instances of violations of“sexual autonomy,”the constitutive elements and fundamental characteristics of such violations can be clarified.By examining the legal norms governing civil litigation and civil litigation associated with criminal cases concerning violations of“sexual autonomy,”the responsibility determination,remedies,and existing regulatory loopholes regarding violations of“sexual autonomy,”especially in cases involving both criminal and civil matters,can be defined.Based on this foundation,the legal basis,determination mechanism,and compensation standards for claiming compensation for mental damages resulting from violations of“sexual autonomy”can be elucidated.
基金the“Application of the Dynamic System Theory in the Determination of Infringement Liability for Immaterial Personality Rights in the Civil Code”(Project Approval Number 2022MFXH006)a project of the young scholar research program of the Civil Law Society of CLS in 2022。
文摘The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessment,and liability.Traditional tort law is unable to provide a robust response for these challenges,which severely hinders human rights protection in the digital society.The dynamic system theory represents a third path between fixed constitutive elements and general clauses.It both overcomes the rigidity of the“allor-nothing”legal effect evaluation mechanism of the“element-effect”model and avoids the uncertainty of the general clause model.It can effectively enhance the flexibility of the legal system in responding to social changes.In light of this,it is necessary to construct a dynamic foundational evaluation framework for personal information infringement under the guidance of the dynamic system theory.By relying on the dynamic interplay effect of various foundational evaluation elements,this framework can achieve a flexible evaluation of the constitutive elements of liability and the legal effects of liability for personal information infringement.Through this approach,the crisis of personal information infringement in the era of big data can be mitigated,and the realization of personal information rights as digital human rights can be promoted.
文摘The risk analysis evaluates the probability of occurrence with the impact of said risks.In the hydrocarbon sector,an environmental liability is an improperly abandoned facility,soil contaminated by spills or others.The objective of this work is to define a risk management plan.The characterization of the residue and the area was carried out.Hazardous events were identified:overflow spill,soil contamination by infiltration,as well as radiant heat and suffocating and toxic fumes from a fire.The matrix method was applied considering the probability of occurrence against vulnerability.The danger of infiltration implied a high level of risk.The risk management plan was drawn up,its main action being the liquidation of the pool and the sanitation of the area.
文摘Two rounds of leveraging-up have led to a high debt ratio in the Chinese economy, triggered liquidity mismatch and increased systemic financial risks. The key causes of local government liabilities are soft budget constraints and non-market-based factor allocation. Currently, the risks of local government liabilities are generally controllable. This paper concludes that the long-term solution to managing local government liabilities is to enhance budget constraint and institutional assurance and proposes countermeasures in the reform of urban construction investment and ftnancing mechanisms.
