Along with various human production or consumption activities,large-scale air pollution,water pollution,noise,land subsidence and other public nuisances that are harmful to human health and the living environment have...Along with various human production or consumption activities,large-scale air pollution,water pollution,noise,land subsidence and other public nuisances that are harmful to human health and the living environment have emerged.With the emergence and rise of environmental awareness among the people of Taiwan region,in the face of the increasingly deteriorating environment,Taiwan has taken a series of measures.First of all,Article 9 of the Administrative Litigation Law first stipulates public interest litigation;then,Article 34 of the Basic Law on the Environment clearly stipulates the important documents for public interest litigation.In this paper,it is held that environmental maintenance and improvement is the responsibility of every citizen,not just that of the government.On the path of environmental public interest litigation,every citizen should have the right mindset and response strategies.展开更多
The 2025 Global Business and Law Conference focused on the construction of the rule of law and dispute resolution from a global perspective.Attendees paid close attention to the critical role of arbitration in safegua...The 2025 Global Business and Law Conference focused on the construction of the rule of law and dispute resolution from a global perspective.Attendees paid close attention to the critical role of arbitration in safeguarding global industrial and supply chains,while engaging in indepth discussions on how to enhance the adaptability,professionalism,and internationalization of dispute-resolution mechanisms.展开更多
This study examines the role of village regulations within China’s Litigation Source Governance(LSG)framework,specifically analyzing Tianjin Municipality’s 2023 Model Village Regulations.Employing legal analysis and...This study examines the role of village regulations within China’s Litigation Source Governance(LSG)framework,specifically analyzing Tianjin Municipality’s 2023 Model Village Regulations.Employing legal analysis and Natural Language Processing(NLP)techniques,the research evaluates the effectiveness,enforceability,and thematic orientation of these regulations in grassroots dispute resolution.Findings reveal a pronounced reliance on moral governance provisions,limited judicial recognition,and significant implementation challenges due to the predominance of non-binding(soft)clauses.The study recommends enhancing judicial recognition through formal confirmation mechanisms,increasing legally binding clauses,and integrating village-level governance more closely with formal judicial processes.This approach not only strengthens local governance but also provides valuable insights for nationwide replication,supporting broader goals of rural stability and governance modernization.展开更多
Arbitration is a key non-litigation commercial mechanism for the resolution of disputes, and the quality and credibility of its awards depend largely on the competency of the arbitrators. However, the selection and ev...Arbitration is a key non-litigation commercial mechanism for the resolution of disputes, and the quality and credibility of its awards depend largely on the competency of the arbitrators. However, the selection and evaluation systems for arbitrators in China have long faced challenges such as the vague criteria for competency and an unclear professionalization path for arbitrators. To address these issues, this study is grounded in the context of actual Chinese arbitration practice and based on the competency iceberg model. Through a methodological approach encompassing literature reviews, behavioral event interviews, expert revisions, and questionnaire surveys, a Chinese Arbitrator Competency Scale was developed and validated in this study. Examination of the findings indicated that the scale needed to consist of five dimensions—communication and coordination, cognitive skills, ethical conduct, work motivation, and personality traits—and possess a total of 28 specific indicators. Confirmatory analysis of the factors demonstrates a good fit for the five-dimensional model, with each of the dimensions exhibiting high reliability and validity. This scale is innovative in integrating the competency elements with Chinese characteristics, such as commercial acumen, crosscultural mediation skills, and adaptability to the local rule of law. This research not only enriches the competency theory in regard to the field of human resource management but also provides a scientific framework of standards and measurement tools for the selection, training, and evaluation of arbitrators. It thus has significant practical value for enhancing the professionalism and international competitiveness of China's arbitration system.展开更多
AIM: To examine the allegations in malpractice litigations related to gastrointestinal endoscopy in Japan. METHODS: A retrospective review of cases tried in the civil court system during the 21-year period from 1985 t...AIM: To examine the allegations in malpractice litigations related to gastrointestinal endoscopy in Japan. METHODS: A retrospective review of cases tried in the civil court system during the 21-year period from 1985 to 2005, identified in a computerized legal database, was undertaken. RESULTS: Eighteen malpractice litigations and a total of 30 allegations were identified. Of the 18 (44%) malpractice litigations, 8 (44%) were related to eso- phagogastroduodenoscopy, 4 (22%) to colonoscopy, 4 (22%) to endoscopic sphincterotomy, and 2 (11%) to endoscopic retrograde cholangiopancreatography. Seventeen (94%) cases pertained to complications, and the remaining (6%) case pertained to misdiagnosis. In 10 cases, the patient died of the complications. Allegations were categorized as: (1) performance error during the endoscopic procedure (n = 12, 40%); (2) lack of informed consent (n = 9, 30%); (3) performance error during the treatment after the endoscopic procedure (n = 4, 13%); (4) premedication error (n = 3, 10%); (5) diagnostic error (n = 1, 3%); and (6) indication error for the endoscopic procedure (n = 1, 3%). CONCLUSION: These data may aid in the design of risk prevention strategies to be used by gastrointestinal endoscopists.展开更多
By use of partially balanced t-designs (v,b, k;λ,0) that is constructed by the rational normal curves given by [5] and the Cartesian product given by [4],an authentication code with arbitration is constructed and its...By use of partially balanced t-designs (v,b, k;λ,0) that is constructed by the rational normal curves given by [5] and the Cartesian product given by [4],an authentication code with arbitration is constructed and its probability of success of attacks by the transmitter, the receiver and the opponent is obtained in this paper.展开更多
Although it is not the main duty for the People's Procuratorate to institute environmental public interest litigation proceedings, the existence of "reserve" prosecution right of plaintiff not only is be...Although it is not the main duty for the People's Procuratorate to institute environmental public interest litigation proceedings, the existence of "reserve" prosecution right of plaintiff not only is beneficial to timely prevention and cure of environmental damage, but also contributes indispensable judicial supervision force to the environmental legality construction. In order to safeguard environmental public interests, many local prosecutorial organizations have practiced environmental public interests litigation. Since Chinese law has not made explicit stipulation on the function of the People's Procuratorate instituting environmental public interest litigation, the plaintiff's subject qualification for environmental public interest litigation instituted by the People's Procuratorate is still in question. In order to propel the People's Procuratorate to completely and fully exercise their power of supervision and prosecution, there shall be corresponding legislation that provides powerful guarantee for the People's Procuratorate instituting environmental public interest litigation.展开更多
Corruption is defined as abuse of entrusted power for private gain.~①Transparency International Corruption Perceptions Index 2014 shows that among 175 countries/territories in the world,"not one single country g...Corruption is defined as abuse of entrusted power for private gain.~①Transparency International Corruption Perceptions Index 2014 shows that among 175 countries/territories in the world,"not one single country gets a perfect score and more than two-thirds score below50,on a scale from 0(highly corrupt)to 100(very clean)".~②The sectors most seriously affected by corruption include public procurement,construction and estate,energy,pharmaceutical and health care,transportation,etc.展开更多
A solution is imperatively expected to meet the efficient contention resolution schemes for managing simultaneous access requests to the communication resources on the Network on Chip (NoC). Based on the ideas of conf...A solution is imperatively expected to meet the efficient contention resolution schemes for managing simultaneous access requests to the communication resources on the Network on Chip (NoC). Based on the ideas of conflict-free transmission, priority-based service, and dynamic self-adaptation to loading, this paper presents a novel scheduling algorithm for Medium Access Control (MAC) in NoC with the researches of the communication structure features of 2D mesh. The algorithm gives priority to guarantee the Quality of Service (QoS) for local input port as well as dynamic adjustment of the performance of the other ports along with input load change. The theoretical model of this algorithm is established with Markov chain and probability generating function. Mathematical analysis is made on the mean queue length and the mean inquiry cyclic time of the system. Simulated experiments are conducted to test the accuracy of the model. It turns out that the findings from theoretical analysis correspond well with those from simulated experiments. Further more, the analytical findings of the system performance demonstrate that the algorithm enables effectively strengthen the fairness and stability of data transmissions in NoC.展开更多
Before the founding of new China in1949,there was no any arbitrationlegislation or arbitration organs.On May 6,1954,the former central people’sgovernment passed the Decision on Settingup a Foreign Trade Arbitration C...Before the founding of new China in1949,there was no any arbitrationlegislation or arbitration organs.On May 6,1954,the former central people’sgovernment passed the Decision on Settingup a Foreign Trade Arbitration Committeeunder the China Council for the Promotionof International Trade to provide the basicprinciples for China’s展开更多
As germination and rise of public environmental awareness in Taiwan, large-scale air pollution, water pollution, noise, land subsidence and other public hazards harming human health and living environment caused by va...As germination and rise of public environmental awareness in Taiwan, large-scale air pollution, water pollution, noise, land subsidence and other public hazards harming human health and living environment caused by various production or consumption activities are generated. Facing the situation of environment increasingly aggravates, environmental public interest litigation system is constructed. First, Article 9 of Administrative Procedure Law stipulates public interest litigation;then ,Article 34 of Environmental Basic Law cleady stipulates important elements of public interest litigation. In the research, taking the first environmental public interest litigation in Taiwan as the example, collusion process between government and developer, and private environmental protection groups finally obtaining victory through the continuous effort and litigation are illustrated, thereby uncovering so-called ＂legal＂ saying by government and developer. Environmental maintenance and improvement is the duty of every citizen should do, but not only the duty of govemment, which is mentality of environmental public interest litigation development should have and road must take.展开更多
The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic dispu...The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic disputes. All the parties concerned are making intense preparations for the successful enforcement of the Law. As the first nongovernmental organisation engaged in arbitration affairs, the China Council展开更多
The analysis of closed claims and litigations can provide an invaluable tool to improve patient safety by minimizing adverse anesthesia-related outcomes. Analysis of collective data describing such claims is integral ...The analysis of closed claims and litigations can provide an invaluable tool to improve patient safety by minimizing adverse anesthesia-related outcomes. Analysis of collective data describing such claims is integral to develop new guidelines aimed to reduce adverse anesthesia-related events. In this study, we give a descriptive analysis of anesthesia-related claims at the Detroit Medical Center, Detroit, MI, USA. The study analyzed different components in anesthesia-related closed claims and litigations such as medical, demographic and socio-economic factors. From 67,000 procedures in anesthesiology care provider, related cases claims were made in 0.057% (38/67,000) of all cases. The majority of claims involved procedures involving Caucasian females aged 51-55 years. The highest risk periods involved early shift times during Monday and Tuesday, particularly of procedures performed during August. About 33% of all cases in which death occurred involved patients who received an Obstetrics/Gynecology or an Orthopedic procedure under general anesthesia. The majority of closed claims and litigations cases were distributed between procedures treating nerves injuries and anoxic encephalopathy. The OR and PACU at urban hospitals had the highest claim rates. MD anesthesiologists constituted the lowest proportion of all anesthesia providers involved in closed claims incidents. The average compensation paid was predominately in the range of $200,000-$250,000. In addition to reporting anesthesia related factors involved in closed claims and litigations this study also includes a series of recommendations which may work as a framework for improving anesthesia practices.展开更多
When any type of product has been ordered to be removed from the marketplace by a governmental regulatory body, that action is a powerful indicator that the product has been determined to be unsafe for further use, th...When any type of product has been ordered to be removed from the marketplace by a governmental regulatory body, that action is a powerful indicator that the product has been determined to be unsafe for further use, thereby branding the product as defective and opening up the possibility of product liability litigation. When the product is a drug or medical device, it is especially serious since the possibility of personal injury (acute and/or chronic) or death may occur. Needless to say, in these situations, product injury litigation will almost surely follow. We review the definition and requisite claims needed to establish drug product liability, and the role that the medical literature, clinical trial data, and even experimental research data can play in product (drug)-injury litigation. We show how each of these resources played a significant role in two well-known cases: Fen-Phen and thimerosal. The ultimate goal of such knowledge is to make better informed decisions about drug safety.展开更多
Because that American government and congress hold a negative attitude on responding to climate change issue, people transfer the battle stage of climate change to the court,and hope to promote government and large en...Because that American government and congress hold a negative attitude on responding to climate change issue, people transfer the battle stage of climate change to the court,and hope to promote government and large energy companies actively responding to climate change issue via litigation form. A large amount of related litigation appears,and a kind of special litigation type is gradually formed, namely climate change litigation. National Environmental Policy Act of the United States is one of important legal weapons used by prosecutor in climate change litigation. In National Environmental Policy Act, it stipulates environmental impact evaluation system which has close relationship with climate change litigation. The system requires that federal agency ＂ should compile detailed environmental impact report （EIS） on major federal action which significantly affects human survival environment quality＂. Litigation case of Export - Import Bank of the United States and Overseas Private Investment Corporation by Fdends of the Earth, Green Peace, Boulder City, etc. is typical one related to the act. We try to evaluate and analyze text and case of the act.展开更多
文摘Along with various human production or consumption activities,large-scale air pollution,water pollution,noise,land subsidence and other public nuisances that are harmful to human health and the living environment have emerged.With the emergence and rise of environmental awareness among the people of Taiwan region,in the face of the increasingly deteriorating environment,Taiwan has taken a series of measures.First of all,Article 9 of the Administrative Litigation Law first stipulates public interest litigation;then,Article 34 of the Basic Law on the Environment clearly stipulates the important documents for public interest litigation.In this paper,it is held that environmental maintenance and improvement is the responsibility of every citizen,not just that of the government.On the path of environmental public interest litigation,every citizen should have the right mindset and response strategies.
文摘The 2025 Global Business and Law Conference focused on the construction of the rule of law and dispute resolution from a global perspective.Attendees paid close attention to the critical role of arbitration in safeguarding global industrial and supply chains,while engaging in indepth discussions on how to enhance the adaptability,professionalism,and internationalization of dispute-resolution mechanisms.
基金Tianjin Education Commission Research Program,Humanities and Social Sciences,(Project No.:2022SK064)Innovation Training Program at Tianjin Normal University in 2024,“Research on the Function of Rural Norms in Source Governance of Disputes from the Perspective of Rural Revitalization”(Project No.:202410065027)。
文摘This study examines the role of village regulations within China’s Litigation Source Governance(LSG)framework,specifically analyzing Tianjin Municipality’s 2023 Model Village Regulations.Employing legal analysis and Natural Language Processing(NLP)techniques,the research evaluates the effectiveness,enforceability,and thematic orientation of these regulations in grassroots dispute resolution.Findings reveal a pronounced reliance on moral governance provisions,limited judicial recognition,and significant implementation challenges due to the predominance of non-binding(soft)clauses.The study recommends enhancing judicial recognition through formal confirmation mechanisms,increasing legally binding clauses,and integrating village-level governance more closely with formal judicial processes.This approach not only strengthens local governance but also provides valuable insights for nationwide replication,supporting broader goals of rural stability and governance modernization.
基金Research on Problems and Countermeasures in Building the Capacity of the Grassroots International Chambers of Commerce in the Context of High-Quality Development (W2024H03841)a key research project of the China Council for the Promotion of International Trade in 2025。
文摘Arbitration is a key non-litigation commercial mechanism for the resolution of disputes, and the quality and credibility of its awards depend largely on the competency of the arbitrators. However, the selection and evaluation systems for arbitrators in China have long faced challenges such as the vague criteria for competency and an unclear professionalization path for arbitrators. To address these issues, this study is grounded in the context of actual Chinese arbitration practice and based on the competency iceberg model. Through a methodological approach encompassing literature reviews, behavioral event interviews, expert revisions, and questionnaire surveys, a Chinese Arbitrator Competency Scale was developed and validated in this study. Examination of the findings indicated that the scale needed to consist of five dimensions—communication and coordination, cognitive skills, ethical conduct, work motivation, and personality traits—and possess a total of 28 specific indicators. Confirmatory analysis of the factors demonstrates a good fit for the five-dimensional model, with each of the dimensions exhibiting high reliability and validity. This scale is innovative in integrating the competency elements with Chinese characteristics, such as commercial acumen, crosscultural mediation skills, and adaptability to the local rule of law. This research not only enriches the competency theory in regard to the field of human resource management but also provides a scientific framework of standards and measurement tools for the selection, training, and evaluation of arbitrators. It thus has significant practical value for enhancing the professionalism and international competitiveness of China's arbitration system.
文摘AIM: To examine the allegations in malpractice litigations related to gastrointestinal endoscopy in Japan. METHODS: A retrospective review of cases tried in the civil court system during the 21-year period from 1985 to 2005, identified in a computerized legal database, was undertaken. RESULTS: Eighteen malpractice litigations and a total of 30 allegations were identified. Of the 18 (44%) malpractice litigations, 8 (44%) were related to eso- phagogastroduodenoscopy, 4 (22%) to colonoscopy, 4 (22%) to endoscopic sphincterotomy, and 2 (11%) to endoscopic retrograde cholangiopancreatography. Seventeen (94%) cases pertained to complications, and the remaining (6%) case pertained to misdiagnosis. In 10 cases, the patient died of the complications. Allegations were categorized as: (1) performance error during the endoscopic procedure (n = 12, 40%); (2) lack of informed consent (n = 9, 30%); (3) performance error during the treatment after the endoscopic procedure (n = 4, 13%); (4) premedication error (n = 3, 10%); (5) diagnostic error (n = 1, 3%); and (6) indication error for the endoscopic procedure (n = 1, 3%). CONCLUSION: These data may aid in the design of risk prevention strategies to be used by gastrointestinal endoscopists.
文摘By use of partially balanced t-designs (v,b, k;λ,0) that is constructed by the rational normal curves given by [5] and the Cartesian product given by [4],an authentication code with arbitration is constructed and its probability of success of attacks by the transmitter, the receiver and the opponent is obtained in this paper.
基金Research program of Ministry of Justice on national constitutionality and juristic theory "Research on the Function and Legislative Support of the People's Procuratorates Instituting Environmental Public Interest Litigation"(Grant No.:09SFB3040)supported by the people's procuratorate of Shandong in 2009 "The Legislative Research on the People's Procuratorates Instituting Environmental Public Interest Litigation"
文摘Although it is not the main duty for the People's Procuratorate to institute environmental public interest litigation proceedings, the existence of "reserve" prosecution right of plaintiff not only is beneficial to timely prevention and cure of environmental damage, but also contributes indispensable judicial supervision force to the environmental legality construction. In order to safeguard environmental public interests, many local prosecutorial organizations have practiced environmental public interests litigation. Since Chinese law has not made explicit stipulation on the function of the People's Procuratorate instituting environmental public interest litigation, the plaintiff's subject qualification for environmental public interest litigation instituted by the People's Procuratorate is still in question. In order to propel the People's Procuratorate to completely and fully exercise their power of supervision and prosecution, there shall be corresponding legislation that provides powerful guarantee for the People's Procuratorate instituting environmental public interest litigation.
文摘Corruption is defined as abuse of entrusted power for private gain.~①Transparency International Corruption Perceptions Index 2014 shows that among 175 countries/territories in the world,"not one single country gets a perfect score and more than two-thirds score below50,on a scale from 0(highly corrupt)to 100(very clean)".~②The sectors most seriously affected by corruption include public procurement,construction and estate,energy,pharmaceutical and health care,transportation,etc.
基金Supported by the National Natural Science Foundation of China(No.61072079)
文摘A solution is imperatively expected to meet the efficient contention resolution schemes for managing simultaneous access requests to the communication resources on the Network on Chip (NoC). Based on the ideas of conflict-free transmission, priority-based service, and dynamic self-adaptation to loading, this paper presents a novel scheduling algorithm for Medium Access Control (MAC) in NoC with the researches of the communication structure features of 2D mesh. The algorithm gives priority to guarantee the Quality of Service (QoS) for local input port as well as dynamic adjustment of the performance of the other ports along with input load change. The theoretical model of this algorithm is established with Markov chain and probability generating function. Mathematical analysis is made on the mean queue length and the mean inquiry cyclic time of the system. Simulated experiments are conducted to test the accuracy of the model. It turns out that the findings from theoretical analysis correspond well with those from simulated experiments. Further more, the analytical findings of the system performance demonstrate that the algorithm enables effectively strengthen the fairness and stability of data transmissions in NoC.
文摘Before the founding of new China in1949,there was no any arbitrationlegislation or arbitration organs.On May 6,1954,the former central people’sgovernment passed the Decision on Settingup a Foreign Trade Arbitration Committeeunder the China Council for the Promotionof International Trade to provide the basicprinciples for China’s
文摘As germination and rise of public environmental awareness in Taiwan, large-scale air pollution, water pollution, noise, land subsidence and other public hazards harming human health and living environment caused by various production or consumption activities are generated. Facing the situation of environment increasingly aggravates, environmental public interest litigation system is constructed. First, Article 9 of Administrative Procedure Law stipulates public interest litigation;then ,Article 34 of Environmental Basic Law cleady stipulates important elements of public interest litigation. In the research, taking the first environmental public interest litigation in Taiwan as the example, collusion process between government and developer, and private environmental protection groups finally obtaining victory through the continuous effort and litigation are illustrated, thereby uncovering so-called ＂legal＂ saying by government and developer. Environmental maintenance and improvement is the duty of every citizen should do, but not only the duty of govemment, which is mentality of environmental public interest litigation development should have and road must take.
文摘The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic disputes. All the parties concerned are making intense preparations for the successful enforcement of the Law. As the first nongovernmental organisation engaged in arbitration affairs, the China Council
文摘The analysis of closed claims and litigations can provide an invaluable tool to improve patient safety by minimizing adverse anesthesia-related outcomes. Analysis of collective data describing such claims is integral to develop new guidelines aimed to reduce adverse anesthesia-related events. In this study, we give a descriptive analysis of anesthesia-related claims at the Detroit Medical Center, Detroit, MI, USA. The study analyzed different components in anesthesia-related closed claims and litigations such as medical, demographic and socio-economic factors. From 67,000 procedures in anesthesiology care provider, related cases claims were made in 0.057% (38/67,000) of all cases. The majority of claims involved procedures involving Caucasian females aged 51-55 years. The highest risk periods involved early shift times during Monday and Tuesday, particularly of procedures performed during August. About 33% of all cases in which death occurred involved patients who received an Obstetrics/Gynecology or an Orthopedic procedure under general anesthesia. The majority of closed claims and litigations cases were distributed between procedures treating nerves injuries and anoxic encephalopathy. The OR and PACU at urban hospitals had the highest claim rates. MD anesthesiologists constituted the lowest proportion of all anesthesia providers involved in closed claims incidents. The average compensation paid was predominately in the range of $200,000-$250,000. In addition to reporting anesthesia related factors involved in closed claims and litigations this study also includes a series of recommendations which may work as a framework for improving anesthesia practices.
文摘When any type of product has been ordered to be removed from the marketplace by a governmental regulatory body, that action is a powerful indicator that the product has been determined to be unsafe for further use, thereby branding the product as defective and opening up the possibility of product liability litigation. When the product is a drug or medical device, it is especially serious since the possibility of personal injury (acute and/or chronic) or death may occur. Needless to say, in these situations, product injury litigation will almost surely follow. We review the definition and requisite claims needed to establish drug product liability, and the role that the medical literature, clinical trial data, and even experimental research data can play in product (drug)-injury litigation. We show how each of these resources played a significant role in two well-known cases: Fen-Phen and thimerosal. The ultimate goal of such knowledge is to make better informed decisions about drug safety.
文摘Because that American government and congress hold a negative attitude on responding to climate change issue, people transfer the battle stage of climate change to the court,and hope to promote government and large energy companies actively responding to climate change issue via litigation form. A large amount of related litigation appears,and a kind of special litigation type is gradually formed, namely climate change litigation. National Environmental Policy Act of the United States is one of important legal weapons used by prosecutor in climate change litigation. In National Environmental Policy Act, it stipulates environmental impact evaluation system which has close relationship with climate change litigation. The system requires that federal agency ＂ should compile detailed environmental impact report （EIS） on major federal action which significantly affects human survival environment quality＂. Litigation case of Export - Import Bank of the United States and Overseas Private Investment Corporation by Fdends of the Earth, Green Peace, Boulder City, etc. is typical one related to the act. We try to evaluate and analyze text and case of the act.
