The COVID-19 pandemic has brought legal challenges to the containment measures adopted by European countries.During the outbreak and containment phase of the pandemic,most European countries adopted measures such as l...The COVID-19 pandemic has brought legal challenges to the containment measures adopted by European countries.During the outbreak and containment phase of the pandemic,most European countries adopted measures such as lockdowns and mandatory home quarantines based on the principle of risk prevention.However,Article 15 of the European Convention on Human Rights and judgments by the European Court of Human Rights require such measures to comply with the principle of proportionality.In view of this,this article examines the European Court of Justice’s loose judgments on the derogation measures during the pandemic,and the European Court of Human Rights’situational judgments in this regard.Based on the analysis of the legitimacy of the principle of risk prevention and the principle of proportionality in responding to public health emergencies,this article prudently examines and predicts the trend of applying the principle of proportionality of risk prevention for the European COVID-19 derogation measures from three perspectives of legitimacy,necessity,and feasibility.展开更多
Rotundic acid(RA),an ursane-type pentacyclic triterpene acid isolated from the dried barks of Ilex rotunda Thunb.(Aquifoliaceae),possesses diverse bioactivities.To further study its pharmacokinetics,a simple and sensi...Rotundic acid(RA),an ursane-type pentacyclic triterpene acid isolated from the dried barks of Ilex rotunda Thunb.(Aquifoliaceae),possesses diverse bioactivities.To further study its pharmacokinetics,a simple and sensitive liquid chromatography with triple quadrupole mass spectrometry(LC-QqQ-MS/MS)method was developed and validated to quantify RA concentration in rat plasma and tissue using etofesalamide as an internal standard(IS).Plasma and tissue samples were subjected to one-step protein precipitation.Chromatographic separation was achieved on a ZORBAX Eclipse XDB-C_(18) column(4.6mm×50mm,5μm)under gradient conditions with eluents of methanol:acetonitrile(1:1,V/V)and 5mM ammonium formate:methanol(9:1,V/V)at 0.5mL/min.Multiple reaction monitoring transitions were performed at m/z 487.30→437.30 for RA and m/z 256.10→227.10 for IS in the negative mode.The developed LC-QqQ-MS/MS method exhibited good linearity(2-500 ng/mL)and was fully validated in accordance with U.S.Food and Drug Administration bioanalytical guidelines.Dose proportionality and bioavailability in rats were determined by comparing pharmacokinetic data after single oral(10,20,and 40mg/kg)and intravenous(10mg/kg)administration of RA.Tissue distribution was studied following oral administration at 20mg/kg.The results showed that the absolute bioavailability of RA after administration at different doses ranged from 16.1%to 19.4%.RA showed good dose proportionality over a dose range of 10-40 mg/kg.RA was rapidly absorbed in a dose-dependent manner and highly distributed in the liver.In conclusion,this study is the first to systematically elucidate the absorption and distribution characteristics of RA in rats,which can provide additional information for further development and evaluation of RA in drug metabolism and pharmacokinetic studies.展开更多
The purpose of this paper is to discuss the application of the principle of proportionality based on a case relating to a Portuguese economic group operating in the transportation sector. The group applied for being t...The purpose of this paper is to discuss the application of the principle of proportionality based on a case relating to a Portuguese economic group operating in the transportation sector. The group applied for being taxed under the regime of the group relief, as established in the Portuguese Corporate Income Tax Code （CITC）, and the tax authorities approved the request in 2002. The group＇s accounts for 2003 were audited by tax inspectors in 2007. In 2008, the accounts from 2004 to 2006 were also under a tax auditing. Following such audits and basing on, in the author＇s view, some minor faults, the tax administration disallowed the use of group relief for four consecutive years （from 2003 to 2006）. The financial implication was that 12 million Euros in additional taxes were charged to the group. Such an increase in the income tax would wipe out profits for two consecutive years, thus, pushing the effective tax rate to 100%. Such an economic result fell outside what seemed to be a balanced application of the law, by disregarding financial consequences from minor tax faults, some of which were voluntarily corrected by the group展开更多
The margin of appreciation is controversial and difficult to understand. Since its first reference in the case of Greece vs. UK, the meaning of this doctrine has evolved from deference to derogation from the European ...The margin of appreciation is controversial and difficult to understand. Since its first reference in the case of Greece vs. UK, the meaning of this doctrine has evolved from deference to derogation from the European Convention to an inflation of language used or misused by the Strasbourg Court to preserve the State's 'room for manoeuvre' or 'latitude of deference or error.' In this paper, I divide the concept of margin of appreciation into two categories: the substantive and structural concept. The Strasbourg Court usually generously defers to national decisions in structural scrutiny where it has to respect European pluralism and the collective interests of the contracting parties unless domestic decisions are regarded as 'manifestly unreasonable.' In contrast, the European Human Rights Court scrutinizes carefully in the substantive sense of margin of appreciation. Some factors or test approaches will be identified first, by which the Court substantively narrows or limits the scope of margin preserved for the States. The result of two conceptual margins of appreciation may be reciprocally transformed in some circumstances. When the collective good surely undermines the core of Convention rights, the Court will not stand with the domestic argument since it must ensure the implementation of pan-European human rights standards. On the other side, the Court has no capacity to further increase strict scrutiny in cases where there is a complicated relationship between the means and ends in the proportionality test, implying that domestic courts are better placed than the supranational court given the fact that they know better the local reality and have more local knowledge.展开更多
Strasbourg’s application of proportionality test has some unique features.Due to the Court inherent subsidiary role,it hardly transplants the formulas and criteria adopted by the German Constitutional Court or Court ...Strasbourg’s application of proportionality test has some unique features.Due to the Court inherent subsidiary role,it hardly transplants the formulas and criteria adopted by the German Constitutional Court or Court of Justice European Union(CJEU) in the complete sense.Consequently,the Strasbourg application of the proportionality has been depicted as a "mysterious house" for the reason that it lacks of certainty.Therefore,some scholars often worry the application of the proportionality test will threaten the predictability and the Strasbourg rule of law.Generally,the proportionality test has two internal functions for the Strasbourg judges:(1) strike fair balance between/among the competing interests;(2) testing on the reasonableness and appropriateness between the measures employed and aim pursued.In the first category,the primary task of the Court is to protect the scope of "essence" of the Convention rights from the interference of collective goods relying on the interest-based rights theory.Beyond this scope,the Court would have to balance the interests explicitly incorporated into the Convention rights as well as the external collective goods claimed by the state authorities.In some sensitive judgments,the Strasbourg Court tends to impose the onerous responsibility of "burden of proof" to the State authorities,or strategically defers to the domestic decisions unless they will be found "manifestly unreasonable".Secondly,the Court must take a scrutiny towards the appropriateness between the means employed and ends pursued,and then it has to decide whether a less intrusive alternative existed or will possibly be found or not.Sometimes,the Court might impose state authorities an obligation looking for a new alternation.However,due to subsidiarity characteristic of the Strasbourg Court,the task of the assessments sometimes is complicated and time-consuming,so the Court are not capable of evaluations in all occasions.Finally,the Court could strike down the "chilling consequence" caused by some few of the legitimate measures which may highly potentially threaten the individual rights in the National legal order.展开更多
As the two fundamental aspects of modern society,the emergency state and the routine state are not exceptions to the rule of law.They just abide by special legal rules and must adhere to the spirit of the rule of law,...As the two fundamental aspects of modern society,the emergency state and the routine state are not exceptions to the rule of law.They just abide by special legal rules and must adhere to the spirit of the rule of law,such as human rights protection and power restrictions and apply the principle of proportionality.In a state of emergency,public interests are faced with major and urgent threats.In this state,the positioning of the purpose,the examination of the consequences,or the measurement of the legal benefits of the purpose and the consequences all have a certain degree of particularity and complexity.In order to increase the rationality of the principle of proportionality in the state of emergency,and to perform its value function scientifically and effectively,it is necessary to adopt loose application standards based on the characteristics of the state of emergency,grasp the key application links,and limit the scope of application to the review of the rationality of the exercise of emergency powers.Judgment of the legitimacy of the purpose of the exercise of emergency powers and the derogation of civil rights such as human dignity are not within the scope of the principle of proportionality.展开更多
Against the background of a complicated global pandemic situation and normalized pandemic prevention and control in China,leading human rights scholars from China,North America and Eurasia conducted fruitful discussio...Against the background of a complicated global pandemic situation and normalized pandemic prevention and control in China,leading human rights scholars from China,North America and Eurasia conducted fruitful discussions on the human rights jurisprudence during pandemic through the lens of the proportionality principle at the Sixth Session of the International Seminar Series on"Global Pandemic Prevention and Control and Human Rights Protection",which was organized by the Center for Human Rights Studies of Renmin University of China,under the guidance of the China Society for Human Rights Studies.Focusing on the pandemic-related human rights conditions and legal challenges in global context,participating scholars examined the role of the proportionality principle during the containment of COVID-19 in six topical dimensions,including the normative utility,practical logic,reasonable limits,necessary measures,balancing of interests,and proportional jurisprudence in the post-pandemic era.In oder to cohere human rights jurisprudence for the development of a global community of health for all,this international seminar fostered five fundamental proportionality consensuses from five interrelated perspectives,involving human rights—rule of law—balance—contexts—trends".展开更多
With the development of modern science and technology, more and more high-dimensionaldata appear in the application fields. Since the high dimension can potentially increase the com-plexity of the covariance structure...With the development of modern science and technology, more and more high-dimensionaldata appear in the application fields. Since the high dimension can potentially increase the com-plexity of the covariance structure, comparing the covariance matrices among populations isstrongly motivated in high-dimensional data analysis. In this article, we consider the proportion-ality test of two high-dimensional covariance matrices, where the data dimension is potentiallymuch larger than the sample sizes, or even larger than the squares of the sample sizes. We devisea novel high-dimensional spatial rank test that has much-improved power than many exist-ing popular tests, especially for the data generated from some heavy-tailed distributions. Theasymptotic normality of the proposed test statistics is established under the family of ellipticallysymmetric distributions, which is a more general distribution family than the normal distribu-tion family, including numerous commonly used heavy-tailed distributions. Extensive numericalexperiments demonstrate the superiority of the proposed test in terms of both empirical sizeand power. Then, a real data analysis demonstrates the practicability of the proposed test forhigh-dimensional gene expression data.展开更多
Background: Maternal mortality remains a major public health problem worldwide. Objectives: Our study aims to present the results of an analysis of reviews of maternal deaths at HGOPY. Methodology: This was a descript...Background: Maternal mortality remains a major public health problem worldwide. Objectives: Our study aims to present the results of an analysis of reviews of maternal deaths at HGOPY. Methodology: This was a descriptive cross-sectional study with retrospective data collection from archived records and reviewed maternal death reports. Our study lasted 8 months, from October 1, 2023 to May 31, 2024. The study covered maternal death files at the HGOPY over an 8-year period, from 1st of January 2016 to the 31st of December 2023. Data were processed and analyzed using Statitical Paquage for Social Science (SPSS) version 26.0. Results: We counted a total of 160 maternal deaths, of which 97 had been reviewed. We excluded 61 deceased women reviewed and retained 33. We recorded a cumulative total of 160 maternal deaths and 19,651 live births. The peak in the proportion of maternal deaths at the Yaoundé Gynaeco-Obstetric and Paediatric Hospital was in 2021, with a proportion of 0.013. No maternal deaths had been reviewed between 2016 to 2017. Most deaths (64%) occurred between 37 and 40 weeks. The majority (30.5%) were aged between 30 and 35. The data show that 80.6% of maternal deaths were due to direct obstetric causes, while 19.4% were due to indirect causes. Most deaths (69.4%) were preventable. Only 8.3% were not preventable. Conclusion: Concerted efforts must be made to adapt maternal death prevention and management strategies to local contexts in order to significantly reduce these alarming figures.展开更多
Against the backdrop of the COVID-19 pandemic and China’s regularized pandemic prevention and control,leading legal scholars from China,North America,and Eurasia participated in The 6th International Conference on Hu...Against the backdrop of the COVID-19 pandemic and China’s regularized pandemic prevention and control,leading legal scholars from China,North America,and Eurasia participated in The 6th International Conference on Human Rights Protection under Pandemic Prevention and Control.Participants engaged in fruitful discussions on the normative necessity and practical relevance of the principle of proportionality in justifying their current governments’anti-pandemic measures.Focusing on pandemic-related human rights conditions and rule of law challenges in global contexts,this article summarizes the participating scholars’speeches through the integrated lens of human rights and the jurisprudence of health law in the COVID-19 containment phase.Speeches can be divided into six topical dimensions,involving normative utility,governance logic,reasonable limits,constitutional criteria,viable approaches,and post-pandemic challenges with respect to the principle of proportionality.To provide a more policy-relevant and theoretically sound framework for a community of common health for mankind,this article succinctly concludes with a series of overlapping consensus on the application of the principle of proportionality in the fight against the pandemic.This consensus,tentatively named the“Renmin Human Rights Consensus,”builds on five interrelated elements and generates five human rights assertions and a series of specific principles of health law.展开更多
The abundance of live and dead Oithona similis in Jiaozhou Bay,Shandong,China,was investigated monthly from December 2008 to November 2009 via the neutral red staining method.The annual variation in total abundance wa...The abundance of live and dead Oithona similis in Jiaozhou Bay,Shandong,China,was investigated monthly from December 2008 to November 2009 via the neutral red staining method.The annual variation in total abundance was similar for females,males,and copepodites,with a main numerical peak from February to July and a minor peak in November,but the variations in carcass abundance and death proportion were different.The monthly average abundance of male and copepodite carcasses significantly increased with their total abundance(P<0.001),whereas no such correlation was observed for females.The abundance of female carcasses peaked at 12.4 inds./m^(3) in November but remained below 3.0 inds./m^(3) in all other months.The monthly average death proportion ranged 0.3%-4.9% for females,3.6%-25.7% for males,and 2.6%-8.4% for copepodites.On average,the death proportion of males was 9.2 times greater than that of females and 3.5 times greater than that of copepodites.Therefore,significant sexual difference exists in the non-predatory mortality of O.similis and this difference is an important cause of the female-skewed sex ratios observed in the field.展开更多
The Loess Plateau region in China is characterized by a fragile environment,where vegetation is susceptible to both natural variations and anthropogenic influences.Previous research has indicated a greening trend in v...The Loess Plateau region in China is characterized by a fragile environment,where vegetation is susceptible to both natural variations and anthropogenic influences.Previous research has indicated a greening trend in vegetation across the Loess Plateau over the past two decades.However,the specific contributions of natural and anthropogenic drivers,both individually and interactively,to vegetation distribution remain unclear.To address this gap,we conducted a study using Shaanxi Province as a case area.Utilizing multisource data,we employed the Geographical Detector Model(GDM)to analyze the impacts of natural and human related factors on vegetation distribution.Our analysis revealed that the average NDVI(Normalized Difference Vegetation Index)increased at a rate of 0.006 per year from 2000 to 2021.Notably,88.8%of the region experienced vegetation greening,while 4.5%showed significant declines in NDVI,particularly in areas,such as Xi'an,Weinan,Baoji,Hanzhong,and Ankang.Furthermore,NDVI trend projections suggest that the area undergoing vegetation degradation may surpass the area showing improvement in the future.The study identified that vegetation distribution was influenced by both natural and anthropogenic factors for the whole study area.Precipitation,surface types and land use type were the primary factors with q values above 0.5.During the study period,impacts of GDP,nighttime lights and population density among anthropogenic factors on vegetation distribution increased by 130%,125%and 41%,respectively.Conversely,except for slope and aspect,natural factors'influence on vegetation distribution declined by 5%to 26%.The impact of driving factors on NDVI distribution varied across ecological regions.In Fenwei Basin Agro-Ecoregion(EcoregionⅢ),the influence of anthropogenic factors on vegetation distribution was greater than that in the other three ecoregions.Precipitation primarily affected the vegetation distribution in Loess Plateau Agricultural and Grassland Ecoregion(EcoregionⅡ).Additionally,the combined interactive effects of factors had a stronger influence on NDVI distribution than any single factor.These findings provide valuable insights for local governments in Shaanxi Province to develop targeted ecological restoration and environmental management policies.展开更多
The long transaction latency and low throughput of blockchain are the key challenges affecting the large-scale adoption of blockchain technology. Sharding technology is a primary solution by divides the blockchain net...The long transaction latency and low throughput of blockchain are the key challenges affecting the large-scale adoption of blockchain technology. Sharding technology is a primary solution by divides the blockchain network into multiple independent shards for parallel transaction processing. However, most existing random or modular schemes fail to consider the transactional relationships between accounts, which leads to a high proportion of cross-shard transactions, thereby increasing the communication overhead and transaction confirmation latency between shards. To solve this problem, this paper proposes a blockchain sharding algorithm based on account degree and frequency (DFSA). The algorithm takes into account both account degree and weight relationships between accounts. The blockchain transaction network is modeled as an undirected weighted graph, and community detection algorithms are employed to analyze the correlations between accounts. Strong-correlated accounts are grouped into the same shard, and a multi-shard blockchain network is constructed. Additionally, to further reduce the number of cross-shard transactions, this paper designs a random redundancy strategy based on account correlation, which randomly selects strong-correlated accounts and stores them redundantly in another shard, thus original cross-shard transactions can be verified and confirmed within the same shard. Simulation experiments demonstrate that DFSA outperforms the random sharding algorithm (RSA), modular sharding algorithm (MSA), and label propagation algorithm (LPA) in terms of cross-shard transaction proportion, latency, and throughput. Therefore, DFSA can effectively reduce cross-shard transaction proportion and lower transaction confirmation latency.展开更多
Extracting typical operational scenarios is essential for making flexible decisions in the dispatch of a new power system.A novel deep time series aggregation scheme(DTSAs)is proposed to generate typical operational s...Extracting typical operational scenarios is essential for making flexible decisions in the dispatch of a new power system.A novel deep time series aggregation scheme(DTSAs)is proposed to generate typical operational scenarios,considering the large amount of historical operational snapshot data.Specifically,DTSAs analyse the intrinsic mechanisms of different scheduling operational scenario switching to mathematically represent typical operational scenarios.A Gramian angular summation field-based operational scenario image encoder was designed to convert operational scenario sequences into highdimensional spaces.This enables DTSAs to fully capture the spatiotemporal characteristics of new power systems using deep feature iterative aggregation models.The encoder also facilitates the generation of typical operational scenarios that conform to historical data distributions while ensuring the integrity of grid operational snapshots.Case studies demonstrate that the proposed method extracted new fine-grained power system dispatch schemes and outperformed the latest high-dimensional feature-screening methods.In addition,experiments with different new energy access ratios were conducted to verify the robustness of the proposed method.DTSAs enable dispatchers to master the operation experience of the power system in advance,and actively respond to the dynamic changes of the operation scenarios under the high access rate of new energy.展开更多
For departmental legal norms concerning citizens’basic rights,when multiple interpretations are possible based on individual case circumstances,interpreters representing public authority need to apply the method of c...For departmental legal norms concerning citizens’basic rights,when multiple interpretations are possible based on individual case circumstances,interpreters representing public authority need to apply the method of constitutional interpretation to screen out the interpretation conclusions that do not violate the Constitution.This means selecting interpretations at the constitutional level that do not overly restrict citizens’basic rights and understanding the specific connotations of legal norms with the principle of“not infringing on citizens’basic rights.”The Constitution,as a framework order,does not require interpreters to choose the most constitutionally aligned interpretation among various constitutional interpretations.If a legal norm does not have a constitutional interpretation conclusion in an individual case circumstance,it indicates that the application of that norm in the case is unconstitutional,and the interpreter should avoid applying the legal norm in that case.Regarding judgment standards,interpreters should apply the principle of proportionality to determine whether each legal interpretation conclusion concerning basic rights-related legal norms complies with the Constitution.Out of respect for the legislature,the application of the sub-principles of pro-portionality should consider the boundaries of interpretative actions.展开更多
Analyses of astrophysics and electrostatic separation data were illustrated with the Asymptotic Curve Based and Proportionality Oriented (ACP) nonlinear math for relating two physical variables. The fundamental physic...Analyses of astrophysics and electrostatic separation data were illustrated with the Asymptotic Curve Based and Proportionality Oriented (ACP) nonlinear math for relating two physical variables. The fundamental physical law asserts that the nonlinear change of continuous variable Y is proportional to the nonlinear change in continuous variable X. Mathematically, this is expressed as dα{Y, Yu, Yb} = −Kdβ{X, Xu, Xb}, with Yu, Yb, Xu, and Xb representing the upper and baseline asymptotes of Y and X. Y is the continuous cumulative numbers of the elementary y and X is the continuous cumulative numbers of elementary x. K is the proportionality constant or equally is the rate constant.展开更多
Bai et al investigate the predictive value of T lymphocyte proportion in Alzheimer's disease(AD)prognosis.Through a retrospective study involving 62 AD patients,they found that a decrease in T lymphocyte proportio...Bai et al investigate the predictive value of T lymphocyte proportion in Alzheimer's disease(AD)prognosis.Through a retrospective study involving 62 AD patients,they found that a decrease in T lymphocyte proportion correlated with a poorer prognosis,as indicated by higher modified Rankin scale scores.While the study highlights the potential of T lymphocyte proportion as a prognostic marker,it suggests the need for larger,multicenter studies to enhance generalizability and validity.Additionally,future research could use cognitive exams when evaluating prognosis and delve into immune mechanisms underlying AD progression.Despite limitations inherent in retrospective designs,Bai et al's work contributes to understanding the immune system's role in AD prognosis,paving the way for further exploration in this under-researched area.展开更多
BACKGROUND Accurate data on the prognosis of bone metastases are necessary for appropriate treatment.Immune checkpoint inhibitors(ICIs)are widely used in the treatment of gene mutation-negative non-small cell lung can...BACKGROUND Accurate data on the prognosis of bone metastases are necessary for appropriate treatment.Immune checkpoint inhibitors(ICIs)are widely used in the treatment of gene mutation-negative non-small cell lung cancer(GMN-NSCLC).AIM To investigate the prognostic factors in patients with bone metastases from GMNNSCLC following ICI use.METHODS This retrospective cohort study included 45 patients with GMN-NSCLC who were treated for bone metastases from 2017 to 2022 and received chemotherapy after diagnosis.Using Kaplan–Meier curves and Cox proportional hazards models,we evaluated the association between overall survival(OS)and clinical parameters,including serum biochemical concentrations and blood cell count.RESULTS Univariate analysis showed that Eastern Cooperative Oncology Group performance status≤1 and the use of ICIs and bone-modifying agents after bone metastasis diagnosis were significantly associated with a favorable OS.Multivariate analysis revealed that ICI use after bone metastasis diagnosis was signicantly associated with a favorable OS.CONCLUSION ICI use after bone metastasis diagnosis may be a favorable prognostic factor in patients with bone metastases of GMN-NSCLC.Consideration of ICI treatment for bone metastasis and GMN-NSCLC is warranted to establish a more accurate predictive nomogram for patients with bone metastasis.展开更多
For projects near the tectonic belt,mylonite of varying metamorphic degrees may be present.The matrix proportion of rock reflects its internal microscopic characteristics,thus it is beneficial for engineering geology ...For projects near the tectonic belt,mylonite of varying metamorphic degrees may be present.The matrix proportion of rock reflects its internal microscopic characteristics,thus it is beneficial for engineering geology to study the effect of the matrix proportion on the mechanical properties and rupture behaviors of rock.Samples of mylonitic granite and granitic protomylonite with varying matrix proportions were obtained from a ductile shear zone for a series of uniaxial compression and acoustic emission(AE)tests.The results showed that with the increase in matrix proportion,the average strength and elastic modulus of the samples increased,and the rock sample with the largest matrix proportion exhibited the maximum peak stress of 244.42 MPa,which was 45.86%greater than the average peak stress of the rock samples with the smallest matrix proportions.For the rock samples with larger matrix proportion,their mechanical parameters exhibited greater dispersion and the large-scale appearance of AE events occurred earlier,showing a relatively gradual failure process.These samples had larger accumulated AE parameter values and greater degree of failure.In contrast,for samples with smaller matrix proportions,the large-scale appearance of AE events occurred close to the peak stress,indicating that the occurrence of damage and fractures was centralized and instantaneous.These samples had lower accumulated AE parameter values and fewer cracks after failure.Additionally,for the rock samples with more matrix proportion,the average variance of the b-value was 1.1,which was lower than that of rock samples with the smallest matrix proportion(the average variance of the b-value was 3.7).Furthermore,it can be predicted that under certain stress,the failure depth around a tunnel is generally smaller when the strength of rock samples with larger matrix proportion is greater.展开更多
基金the National Social Science Fund of China’s major project“Research on Legislation and Categorization in Emergencies”(20&ZD175)the National Social Science Fund of China’s project“Research on the Relationship between Constitution and International Law”(18BFX034)
文摘The COVID-19 pandemic has brought legal challenges to the containment measures adopted by European countries.During the outbreak and containment phase of the pandemic,most European countries adopted measures such as lockdowns and mandatory home quarantines based on the principle of risk prevention.However,Article 15 of the European Convention on Human Rights and judgments by the European Court of Human Rights require such measures to comply with the principle of proportionality.In view of this,this article examines the European Court of Justice’s loose judgments on the derogation measures during the pandemic,and the European Court of Human Rights’situational judgments in this regard.Based on the analysis of the legitimacy of the principle of risk prevention and the principle of proportionality in responding to public health emergencies,this article prudently examines and predicts the trend of applying the principle of proportionality of risk prevention for the European COVID-19 derogation measures from three perspectives of legitimacy,necessity,and feasibility.
基金supported by CAMS Innovation Fund for Medical Sciences(Grant No.:2019-I2M-5e020)the National Natural Science Foundation of China(Grant No.:81503154)the National Major Scientific and Technological Special Project for Significant New Drugs Development(Grant No.:2017ZX09101002-001-005).
文摘Rotundic acid(RA),an ursane-type pentacyclic triterpene acid isolated from the dried barks of Ilex rotunda Thunb.(Aquifoliaceae),possesses diverse bioactivities.To further study its pharmacokinetics,a simple and sensitive liquid chromatography with triple quadrupole mass spectrometry(LC-QqQ-MS/MS)method was developed and validated to quantify RA concentration in rat plasma and tissue using etofesalamide as an internal standard(IS).Plasma and tissue samples were subjected to one-step protein precipitation.Chromatographic separation was achieved on a ZORBAX Eclipse XDB-C_(18) column(4.6mm×50mm,5μm)under gradient conditions with eluents of methanol:acetonitrile(1:1,V/V)and 5mM ammonium formate:methanol(9:1,V/V)at 0.5mL/min.Multiple reaction monitoring transitions were performed at m/z 487.30→437.30 for RA and m/z 256.10→227.10 for IS in the negative mode.The developed LC-QqQ-MS/MS method exhibited good linearity(2-500 ng/mL)and was fully validated in accordance with U.S.Food and Drug Administration bioanalytical guidelines.Dose proportionality and bioavailability in rats were determined by comparing pharmacokinetic data after single oral(10,20,and 40mg/kg)and intravenous(10mg/kg)administration of RA.Tissue distribution was studied following oral administration at 20mg/kg.The results showed that the absolute bioavailability of RA after administration at different doses ranged from 16.1%to 19.4%.RA showed good dose proportionality over a dose range of 10-40 mg/kg.RA was rapidly absorbed in a dose-dependent manner and highly distributed in the liver.In conclusion,this study is the first to systematically elucidate the absorption and distribution characteristics of RA in rats,which can provide additional information for further development and evaluation of RA in drug metabolism and pharmacokinetic studies.
文摘The purpose of this paper is to discuss the application of the principle of proportionality based on a case relating to a Portuguese economic group operating in the transportation sector. The group applied for being taxed under the regime of the group relief, as established in the Portuguese Corporate Income Tax Code （CITC）, and the tax authorities approved the request in 2002. The group＇s accounts for 2003 were audited by tax inspectors in 2007. In 2008, the accounts from 2004 to 2006 were also under a tax auditing. Following such audits and basing on, in the author＇s view, some minor faults, the tax administration disallowed the use of group relief for four consecutive years （from 2003 to 2006）. The financial implication was that 12 million Euros in additional taxes were charged to the group. Such an increase in the income tax would wipe out profits for two consecutive years, thus, pushing the effective tax rate to 100%. Such an economic result fell outside what seemed to be a balanced application of the law, by disregarding financial consequences from minor tax faults, some of which were voluntarily corrected by the group
文摘The margin of appreciation is controversial and difficult to understand. Since its first reference in the case of Greece vs. UK, the meaning of this doctrine has evolved from deference to derogation from the European Convention to an inflation of language used or misused by the Strasbourg Court to preserve the State's 'room for manoeuvre' or 'latitude of deference or error.' In this paper, I divide the concept of margin of appreciation into two categories: the substantive and structural concept. The Strasbourg Court usually generously defers to national decisions in structural scrutiny where it has to respect European pluralism and the collective interests of the contracting parties unless domestic decisions are regarded as 'manifestly unreasonable.' In contrast, the European Human Rights Court scrutinizes carefully in the substantive sense of margin of appreciation. Some factors or test approaches will be identified first, by which the Court substantively narrows or limits the scope of margin preserved for the States. The result of two conceptual margins of appreciation may be reciprocally transformed in some circumstances. When the collective good surely undermines the core of Convention rights, the Court will not stand with the domestic argument since it must ensure the implementation of pan-European human rights standards. On the other side, the Court has no capacity to further increase strict scrutiny in cases where there is a complicated relationship between the means and ends in the proportionality test, implying that domestic courts are better placed than the supranational court given the fact that they know better the local reality and have more local knowledge.
文摘Strasbourg’s application of proportionality test has some unique features.Due to the Court inherent subsidiary role,it hardly transplants the formulas and criteria adopted by the German Constitutional Court or Court of Justice European Union(CJEU) in the complete sense.Consequently,the Strasbourg application of the proportionality has been depicted as a "mysterious house" for the reason that it lacks of certainty.Therefore,some scholars often worry the application of the proportionality test will threaten the predictability and the Strasbourg rule of law.Generally,the proportionality test has two internal functions for the Strasbourg judges:(1) strike fair balance between/among the competing interests;(2) testing on the reasonableness and appropriateness between the measures employed and aim pursued.In the first category,the primary task of the Court is to protect the scope of "essence" of the Convention rights from the interference of collective goods relying on the interest-based rights theory.Beyond this scope,the Court would have to balance the interests explicitly incorporated into the Convention rights as well as the external collective goods claimed by the state authorities.In some sensitive judgments,the Strasbourg Court tends to impose the onerous responsibility of "burden of proof" to the State authorities,or strategically defers to the domestic decisions unless they will be found "manifestly unreasonable".Secondly,the Court must take a scrutiny towards the appropriateness between the means employed and ends pursued,and then it has to decide whether a less intrusive alternative existed or will possibly be found or not.Sometimes,the Court might impose state authorities an obligation looking for a new alternation.However,due to subsidiarity characteristic of the Strasbourg Court,the task of the assessments sometimes is complicated and time-consuming,so the Court are not capable of evaluations in all occasions.Finally,the Court could strike down the "chilling consequence" caused by some few of the legitimate measures which may highly potentially threaten the individual rights in the National legal order.
文摘As the two fundamental aspects of modern society,the emergency state and the routine state are not exceptions to the rule of law.They just abide by special legal rules and must adhere to the spirit of the rule of law,such as human rights protection and power restrictions and apply the principle of proportionality.In a state of emergency,public interests are faced with major and urgent threats.In this state,the positioning of the purpose,the examination of the consequences,or the measurement of the legal benefits of the purpose and the consequences all have a certain degree of particularity and complexity.In order to increase the rationality of the principle of proportionality in the state of emergency,and to perform its value function scientifically and effectively,it is necessary to adopt loose application standards based on the characteristics of the state of emergency,grasp the key application links,and limit the scope of application to the review of the rationality of the exercise of emergency powers.Judgment of the legitimacy of the purpose of the exercise of emergency powers and the derogation of civil rights such as human dignity are not within the scope of the principle of proportionality.
文摘Against the background of a complicated global pandemic situation and normalized pandemic prevention and control in China,leading human rights scholars from China,North America and Eurasia conducted fruitful discussions on the human rights jurisprudence during pandemic through the lens of the proportionality principle at the Sixth Session of the International Seminar Series on"Global Pandemic Prevention and Control and Human Rights Protection",which was organized by the Center for Human Rights Studies of Renmin University of China,under the guidance of the China Society for Human Rights Studies.Focusing on the pandemic-related human rights conditions and legal challenges in global context,participating scholars examined the role of the proportionality principle during the containment of COVID-19 in six topical dimensions,including the normative utility,practical logic,reasonable limits,necessary measures,balancing of interests,and proportional jurisprudence in the post-pandemic era.In oder to cohere human rights jurisprudence for the development of a global community of health for all,this international seminar fostered five fundamental proportionality consensuses from five interrelated perspectives,involving human rights—rule of law—balance—contexts—trends".
基金This work was supported by the National Natural Sci-ence Foundation of China[Grant Numbers 11501092,11571068]the Special Fund for Key Laboratories of Jilin Province,China[Grant Number 20190201285JC].
文摘With the development of modern science and technology, more and more high-dimensionaldata appear in the application fields. Since the high dimension can potentially increase the com-plexity of the covariance structure, comparing the covariance matrices among populations isstrongly motivated in high-dimensional data analysis. In this article, we consider the proportion-ality test of two high-dimensional covariance matrices, where the data dimension is potentiallymuch larger than the sample sizes, or even larger than the squares of the sample sizes. We devisea novel high-dimensional spatial rank test that has much-improved power than many exist-ing popular tests, especially for the data generated from some heavy-tailed distributions. Theasymptotic normality of the proposed test statistics is established under the family of ellipticallysymmetric distributions, which is a more general distribution family than the normal distribu-tion family, including numerous commonly used heavy-tailed distributions. Extensive numericalexperiments demonstrate the superiority of the proposed test in terms of both empirical sizeand power. Then, a real data analysis demonstrates the practicability of the proposed test forhigh-dimensional gene expression data.
文摘Background: Maternal mortality remains a major public health problem worldwide. Objectives: Our study aims to present the results of an analysis of reviews of maternal deaths at HGOPY. Methodology: This was a descriptive cross-sectional study with retrospective data collection from archived records and reviewed maternal death reports. Our study lasted 8 months, from October 1, 2023 to May 31, 2024. The study covered maternal death files at the HGOPY over an 8-year period, from 1st of January 2016 to the 31st of December 2023. Data were processed and analyzed using Statitical Paquage for Social Science (SPSS) version 26.0. Results: We counted a total of 160 maternal deaths, of which 97 had been reviewed. We excluded 61 deceased women reviewed and retained 33. We recorded a cumulative total of 160 maternal deaths and 19,651 live births. The peak in the proportion of maternal deaths at the Yaoundé Gynaeco-Obstetric and Paediatric Hospital was in 2021, with a proportion of 0.013. No maternal deaths had been reviewed between 2016 to 2017. Most deaths (64%) occurred between 37 and 40 weeks. The majority (30.5%) were aged between 30 and 35. The data show that 80.6% of maternal deaths were due to direct obstetric causes, while 19.4% were due to indirect causes. Most deaths (69.4%) were preventable. Only 8.3% were not preventable. Conclusion: Concerted efforts must be made to adapt maternal death prevention and management strategies to local contexts in order to significantly reduce these alarming figures.
基金It was funded by the Key Programme Project of Renmin University of China(2020),No.20XNLG02。
文摘Against the backdrop of the COVID-19 pandemic and China’s regularized pandemic prevention and control,leading legal scholars from China,North America,and Eurasia participated in The 6th International Conference on Human Rights Protection under Pandemic Prevention and Control.Participants engaged in fruitful discussions on the normative necessity and practical relevance of the principle of proportionality in justifying their current governments’anti-pandemic measures.Focusing on pandemic-related human rights conditions and rule of law challenges in global contexts,this article summarizes the participating scholars’speeches through the integrated lens of human rights and the jurisprudence of health law in the COVID-19 containment phase.Speeches can be divided into six topical dimensions,involving normative utility,governance logic,reasonable limits,constitutional criteria,viable approaches,and post-pandemic challenges with respect to the principle of proportionality.To provide a more policy-relevant and theoretically sound framework for a community of common health for mankind,this article succinctly concludes with a series of overlapping consensus on the application of the principle of proportionality in the fight against the pandemic.This consensus,tentatively named the“Renmin Human Rights Consensus,”builds on five interrelated elements and generates five human rights assertions and a series of specific principles of health law.
基金Supported by the Shandong Provincial Natural Science Foundation(No.ZR2020QC043)。
文摘The abundance of live and dead Oithona similis in Jiaozhou Bay,Shandong,China,was investigated monthly from December 2008 to November 2009 via the neutral red staining method.The annual variation in total abundance was similar for females,males,and copepodites,with a main numerical peak from February to July and a minor peak in November,but the variations in carcass abundance and death proportion were different.The monthly average abundance of male and copepodite carcasses significantly increased with their total abundance(P<0.001),whereas no such correlation was observed for females.The abundance of female carcasses peaked at 12.4 inds./m^(3) in November but remained below 3.0 inds./m^(3) in all other months.The monthly average death proportion ranged 0.3%-4.9% for females,3.6%-25.7% for males,and 2.6%-8.4% for copepodites.On average,the death proportion of males was 9.2 times greater than that of females and 3.5 times greater than that of copepodites.Therefore,significant sexual difference exists in the non-predatory mortality of O.similis and this difference is an important cause of the female-skewed sex ratios observed in the field.
基金supported by the National Key Research and Development Program of China(Grant No.2022YFF0801304)Philosophy and Social Science Foundation of China(Grant No.23BRK011,24CTJ021)+3 种基金the Humanities and Social Sciences Research Planning Fund of the Ministry of Education,China(Grant No.22YJAZH020)Shaanxi Provincial Social Science Foundation(Grant No.2024D041)Graduate Innovation Funds of Xi’an University of Finance and Economics(Grant No.23YC011)the Youth Innovation Team of Shaanxi Universities,China。
文摘The Loess Plateau region in China is characterized by a fragile environment,where vegetation is susceptible to both natural variations and anthropogenic influences.Previous research has indicated a greening trend in vegetation across the Loess Plateau over the past two decades.However,the specific contributions of natural and anthropogenic drivers,both individually and interactively,to vegetation distribution remain unclear.To address this gap,we conducted a study using Shaanxi Province as a case area.Utilizing multisource data,we employed the Geographical Detector Model(GDM)to analyze the impacts of natural and human related factors on vegetation distribution.Our analysis revealed that the average NDVI(Normalized Difference Vegetation Index)increased at a rate of 0.006 per year from 2000 to 2021.Notably,88.8%of the region experienced vegetation greening,while 4.5%showed significant declines in NDVI,particularly in areas,such as Xi'an,Weinan,Baoji,Hanzhong,and Ankang.Furthermore,NDVI trend projections suggest that the area undergoing vegetation degradation may surpass the area showing improvement in the future.The study identified that vegetation distribution was influenced by both natural and anthropogenic factors for the whole study area.Precipitation,surface types and land use type were the primary factors with q values above 0.5.During the study period,impacts of GDP,nighttime lights and population density among anthropogenic factors on vegetation distribution increased by 130%,125%and 41%,respectively.Conversely,except for slope and aspect,natural factors'influence on vegetation distribution declined by 5%to 26%.The impact of driving factors on NDVI distribution varied across ecological regions.In Fenwei Basin Agro-Ecoregion(EcoregionⅢ),the influence of anthropogenic factors on vegetation distribution was greater than that in the other three ecoregions.Precipitation primarily affected the vegetation distribution in Loess Plateau Agricultural and Grassland Ecoregion(EcoregionⅡ).Additionally,the combined interactive effects of factors had a stronger influence on NDVI distribution than any single factor.These findings provide valuable insights for local governments in Shaanxi Province to develop targeted ecological restoration and environmental management policies.
基金supported by the National Natural Science Foundation of China(Grant No.61802301)awarded to J.Lithe Postgraduate Innovation Fund Project of Xi’an Shiyou University(Grant No.YCX2513159).
文摘The long transaction latency and low throughput of blockchain are the key challenges affecting the large-scale adoption of blockchain technology. Sharding technology is a primary solution by divides the blockchain network into multiple independent shards for parallel transaction processing. However, most existing random or modular schemes fail to consider the transactional relationships between accounts, which leads to a high proportion of cross-shard transactions, thereby increasing the communication overhead and transaction confirmation latency between shards. To solve this problem, this paper proposes a blockchain sharding algorithm based on account degree and frequency (DFSA). The algorithm takes into account both account degree and weight relationships between accounts. The blockchain transaction network is modeled as an undirected weighted graph, and community detection algorithms are employed to analyze the correlations between accounts. Strong-correlated accounts are grouped into the same shard, and a multi-shard blockchain network is constructed. Additionally, to further reduce the number of cross-shard transactions, this paper designs a random redundancy strategy based on account correlation, which randomly selects strong-correlated accounts and stores them redundantly in another shard, thus original cross-shard transactions can be verified and confirmed within the same shard. Simulation experiments demonstrate that DFSA outperforms the random sharding algorithm (RSA), modular sharding algorithm (MSA), and label propagation algorithm (LPA) in terms of cross-shard transaction proportion, latency, and throughput. Therefore, DFSA can effectively reduce cross-shard transaction proportion and lower transaction confirmation latency.
基金The Key R&D Project of Jilin Province,Grant/Award Number:20230201067GX。
文摘Extracting typical operational scenarios is essential for making flexible decisions in the dispatch of a new power system.A novel deep time series aggregation scheme(DTSAs)is proposed to generate typical operational scenarios,considering the large amount of historical operational snapshot data.Specifically,DTSAs analyse the intrinsic mechanisms of different scheduling operational scenario switching to mathematically represent typical operational scenarios.A Gramian angular summation field-based operational scenario image encoder was designed to convert operational scenario sequences into highdimensional spaces.This enables DTSAs to fully capture the spatiotemporal characteristics of new power systems using deep feature iterative aggregation models.The encoder also facilitates the generation of typical operational scenarios that conform to historical data distributions while ensuring the integrity of grid operational snapshots.Case studies demonstrate that the proposed method extracted new fine-grained power system dispatch schemes and outperformed the latest high-dimensional feature-screening methods.In addition,experiments with different new energy access ratios were conducted to verify the robustness of the proposed method.DTSAs enable dispatchers to master the operation experience of the power system in advance,and actively respond to the dynamic changes of the operation scenarios under the high access rate of new energy.
文摘For departmental legal norms concerning citizens’basic rights,when multiple interpretations are possible based on individual case circumstances,interpreters representing public authority need to apply the method of constitutional interpretation to screen out the interpretation conclusions that do not violate the Constitution.This means selecting interpretations at the constitutional level that do not overly restrict citizens’basic rights and understanding the specific connotations of legal norms with the principle of“not infringing on citizens’basic rights.”The Constitution,as a framework order,does not require interpreters to choose the most constitutionally aligned interpretation among various constitutional interpretations.If a legal norm does not have a constitutional interpretation conclusion in an individual case circumstance,it indicates that the application of that norm in the case is unconstitutional,and the interpreter should avoid applying the legal norm in that case.Regarding judgment standards,interpreters should apply the principle of proportionality to determine whether each legal interpretation conclusion concerning basic rights-related legal norms complies with the Constitution.Out of respect for the legislature,the application of the sub-principles of pro-portionality should consider the boundaries of interpretative actions.
文摘Analyses of astrophysics and electrostatic separation data were illustrated with the Asymptotic Curve Based and Proportionality Oriented (ACP) nonlinear math for relating two physical variables. The fundamental physical law asserts that the nonlinear change of continuous variable Y is proportional to the nonlinear change in continuous variable X. Mathematically, this is expressed as dα{Y, Yu, Yb} = −Kdβ{X, Xu, Xb}, with Yu, Yb, Xu, and Xb representing the upper and baseline asymptotes of Y and X. Y is the continuous cumulative numbers of the elementary y and X is the continuous cumulative numbers of elementary x. K is the proportionality constant or equally is the rate constant.
文摘Bai et al investigate the predictive value of T lymphocyte proportion in Alzheimer's disease(AD)prognosis.Through a retrospective study involving 62 AD patients,they found that a decrease in T lymphocyte proportion correlated with a poorer prognosis,as indicated by higher modified Rankin scale scores.While the study highlights the potential of T lymphocyte proportion as a prognostic marker,it suggests the need for larger,multicenter studies to enhance generalizability and validity.Additionally,future research could use cognitive exams when evaluating prognosis and delve into immune mechanisms underlying AD progression.Despite limitations inherent in retrospective designs,Bai et al's work contributes to understanding the immune system's role in AD prognosis,paving the way for further exploration in this under-researched area.
文摘BACKGROUND Accurate data on the prognosis of bone metastases are necessary for appropriate treatment.Immune checkpoint inhibitors(ICIs)are widely used in the treatment of gene mutation-negative non-small cell lung cancer(GMN-NSCLC).AIM To investigate the prognostic factors in patients with bone metastases from GMNNSCLC following ICI use.METHODS This retrospective cohort study included 45 patients with GMN-NSCLC who were treated for bone metastases from 2017 to 2022 and received chemotherapy after diagnosis.Using Kaplan–Meier curves and Cox proportional hazards models,we evaluated the association between overall survival(OS)and clinical parameters,including serum biochemical concentrations and blood cell count.RESULTS Univariate analysis showed that Eastern Cooperative Oncology Group performance status≤1 and the use of ICIs and bone-modifying agents after bone metastasis diagnosis were significantly associated with a favorable OS.Multivariate analysis revealed that ICI use after bone metastasis diagnosis was signicantly associated with a favorable OS.CONCLUSION ICI use after bone metastasis diagnosis may be a favorable prognostic factor in patients with bone metastases of GMN-NSCLC.Consideration of ICI treatment for bone metastasis and GMN-NSCLC is warranted to establish a more accurate predictive nomogram for patients with bone metastasis.
基金supported by the National Natural Science Foundation of China(Grant No.52125402)the Natural Science Foundation of Sichuan Province,China(Grant No.2022NSFSC0005).
文摘For projects near the tectonic belt,mylonite of varying metamorphic degrees may be present.The matrix proportion of rock reflects its internal microscopic characteristics,thus it is beneficial for engineering geology to study the effect of the matrix proportion on the mechanical properties and rupture behaviors of rock.Samples of mylonitic granite and granitic protomylonite with varying matrix proportions were obtained from a ductile shear zone for a series of uniaxial compression and acoustic emission(AE)tests.The results showed that with the increase in matrix proportion,the average strength and elastic modulus of the samples increased,and the rock sample with the largest matrix proportion exhibited the maximum peak stress of 244.42 MPa,which was 45.86%greater than the average peak stress of the rock samples with the smallest matrix proportions.For the rock samples with larger matrix proportion,their mechanical parameters exhibited greater dispersion and the large-scale appearance of AE events occurred earlier,showing a relatively gradual failure process.These samples had larger accumulated AE parameter values and greater degree of failure.In contrast,for samples with smaller matrix proportions,the large-scale appearance of AE events occurred close to the peak stress,indicating that the occurrence of damage and fractures was centralized and instantaneous.These samples had lower accumulated AE parameter values and fewer cracks after failure.Additionally,for the rock samples with more matrix proportion,the average variance of the b-value was 1.1,which was lower than that of rock samples with the smallest matrix proportion(the average variance of the b-value was 3.7).Furthermore,it can be predicted that under certain stress,the failure depth around a tunnel is generally smaller when the strength of rock samples with larger matrix proportion is greater.
