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Dispute Resolution Mechanisms of PPP agreements in China:A Research Based on Judicial Decisions

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Frontiers of Law in China-Selected Publications from Chinese Universities 2019年第3期14卷 360-386页

作者： YU Wenguang School of Law Renmin University of China Law and Technology Institute Renmin University of ChinaBeijing 100872China

Based on research on a number of judicial decisions regarding concession and Public-Private Partnership(PPP)agreements,this paper demonstrates the problems and dilemmas of China's current PPP dispute resolution mechanism and clarifies three fundamental issues:concessiont^PPP;concession agreement工administrative agreement;and disputes related to administrative agreements administrative *** the grounds of these conclusions,the paper argues that the logical chain of China's existing PPP and concession dispute resolution mechanism is *** logic of the current mechanism starts from the definition of an administrative agreement;it then classifies concession agreement as administrative agreement;and finally subjects the disputes over concession agreements to administrative ***,this starting point is problematic because the definition of administrative agreement and the distinction between public and private law attributes are difficult to determine precisely,as they lack the necessary theoretical clarity and ***,the current legal situation of PPP in China is far from being satisfactory because a statutory law on PPP is absent,the existing laws and regulations on administrative agreements are primitive,and the judicial practice has not yet established unified and clear *** this backdrop,this paper proposes a possible way ***,we should critically reflect on the current administrative agreement and PPP agreement ***,we should apply the method of legal fact research,adopt doctrinal tools of the legal relationship theory and contract construction theory,and eventually establish a multiple dispute resolution mechanism to resolve disputes effectively.

关键词： public-private partnerships PPPs concession agreements administrative agreement dispute resolution mechanism legal relationship theory

清代州县司法中的具结状：辨义、类别与性质借鉴

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International Economic Statistics:Biased Arbiters in Global Affairs?

法理学、法史学 2024年第6期

作者：申巍

具结是清代司法诉讼中为确认信息真实而实施的一种保证行为，甘结是具结时制作的各种保证文书，二者在清代司法中均适用广泛。具结状，简称结状，作为甘结中的一种，一般出现在清代州县自理案件中，是意在了结案件而由原告、被告、邻佑... 详细信息

具结是清代司法诉讼中为确认信息真实而实施的一种保证行为，甘结是具结时制作的各种保证文书，二者在清代司法中均适用广泛。具结状，简称结状，作为甘结中的一种，一般出现在清代州县自理案件中，是意在了结案件而由原告、被告、邻佑、乡保等人上呈地方州县官府的书面保证文件。根据内容的不同，结状主要分服判类、和息类、担保类、检验类和收据类等五种，具有突出的证明性、复杂的合意性和不充分的保证性。具结书作为认罪认罚从宽制度的重要载体，在保障认罪认罚实质化过程中具有重要理论与实践意义。因此，尝试考证清代具结状相关史料内容，以期进一步贯彻落实少捕慎诉慎押的司法理念，体现法治人文关怀，追本溯源，传承中华法系法治文化思想。

关键词：具结甘结结状保证认罪认罚 Jujie Ganjie agreements Guarantee Guilty Plea and Punishment Acceptance

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Fudan Journal of the Humanities and Social Sciences 2020年第1期13卷 93-112页

作者： Daniel Mugge Political Science Department University of AmsterdamPostbus 1557&1011 NB AmsterdamThe Netherlands

International economic statistics play central roles in global economic *** and international organizations rely on them to monitor international economic agreements;governments use them to understand potential imbalances in bilateral relationships;and international investors build their country assessments on such *** statistics increasingly suffer from serious defects,however,due to globalization,the digitization of our economies,and the prominence of secrecy jurisdictions and multinational *** that reason,economic data is not a neutral arbiter in international ***,it suffers from four kinds of bias:Expert attention bias means that the objects of measurement-what they are meant to capture-epend on the preoccupations of the small circle of statistical *** bias skews economic figures in favor of countable objects and away from,fbr example,unremunerated labor and production as well as ephemeral economic process,such as knowledge *** bias emerges because economic statistics naturalize unequal power relations in the global economy:They mistake a country's inability to fetch high prices for its products for low productivity and a lack of added ***-wealth bias,finally,means that statistics naturalize the distorted image we have of the global economy as corporations and individual hide profits and wealth in secrecy *** article cautions against an insufficiently critical use of statistics in international *** it encourages policymakers to"know thy data"lest biases in the numbers generate skewed policies,unnecessary disputes and a gradual delegitimization of statistics in general.

关键词： Economic statistics Global governance Political economy International organizations International agreements

Mode couplings of a semiconductor nanowire scanning across a photonic crystal nanocavity

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Chinese Optics Letters 2019年第6期17卷 80-85页

作者： Qingchen Yuan Liang Fang Qiang Zhao Yadong Wang Bo Mao Zhipei Sun Jianlin Zhao Xuetao Gan MOE Key Laboratory of Material Physics and Chemistry under Extraordinary Conditions and Shaanxi Key Laboratory of Optical Information TechnologySchool of ScienceNorthwestern Polytechnical UniversityXi’an 710072China Qian Xuesen Laboratory of Space Technology China Academy of Space TechnologyBeijing 100094China Department of Electronics and Nanoengineering Aalto UniversityEspooFI-00076Finland QTF Centre of Excellence Department of Applied PhysicsAalto UniversityEspooFI-00076Finland

The position-dependent mode couplings between a semiconductor nanowire(NW)and a planar photonic crystal(PPC)nanocavity are *** scanning an NW across a PPC nanocavity along the hexagonal lattice’sΓ– M and M– K directions,the variations of resonant wavelengths,quality factors,and mode volumes in both fundamental and second-order resonant modes are calculated,implying optimal configurations for strong mode-NW couplings and light-NW *** the fundamental(second-order)resonant mode,scanning an NW along the M– K(Γ– M)direction is preferred,which supports stronger light-NW interactions with larger NW-position tolerances and higher quality factors *** simulation results are confirmed experimentally with good agreements.

关键词： The position-dependent semiconductor nanowire(NW) with good agreements

Fishermen and Territorial Trends in the Brazilian Fisheries Policies

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International Journal of Geosciences 2015年第4期6卷 339-349页

作者： Christian Nunes da Silva Eduardo Schiavone Cardoso Federal University of Pará (UFPA) Belém Brazil Federal University on Santa Maria (UFSM) Santa Maria Brazil

The fishing activity has been known for centuries by man and is configured as an important source of livelihood and income for many families of Brazilian fishermen. This article tries to do a brief contextualization of fishing in Brazil, as well as discuss the notion of territoriality of sector policies. The trend shown for the future is the need for a planning/mapping of operation areas of productive agents in the country, so that fish stocks can be managed more appropriately. One of the proposals that comes with acceptance and is already being applied in some municipalities is fishing agreements, using co-management mechanisms for planning and use of fisheries resources.

关键词： Fishing and Fishermen Colony of Fishermen Brazil agreements

Integrating Requirements with SLI Layer for Cloud Computing Services to Meet SLA and QoS

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Journal of Software Engineering and Applications 2013年第3期6卷 140-146页

作者： Muhammad Irfan Zhu Hong Muhammad Irfan Sharif Ahmed Junaid Haq Qureshi Rakhshanda Kanwal Muhammad Imran Collage of Computer Science and Technology Huazhong University of Science and Technology Wuhan China

Cloud computing is high technology, which fulfills needs of common as well as enterprise level to meet their information and communication technology requirements and so on. Cloud computing extends existing information technology capabilities and requirements. Many technologies are being merged with cloud computing, same as that orchestrations can boost cloud service provisioning process. The usage of orchestrations can play vital role to provision cloud services. Cloud service providers can create scalable cloud services at low cost by organizing cloud infrastructure by using cloud orchestrations. Dynamic orchestration flows can generate required cloud computing services to meet service level agreements and quality of services. There is a need to understand issues and barriers involved to integrate cloud orchestrations with cloud service provisioning process. There is also need to understand business related problems bordering cloud computing technology. There is much capacity to do targeted research work for cloud orchestrations and its integration with service level agreements as well as with SLI (service level integration) layer. In this article we have elaborated detailed analysis and identified a number of issues that will affect the cloud service users as well as cloud service providers and cloud service provisioning system. We are defining an approach to orchestrate cloud infrastructure by using orchestration flows, to generate cloud services in order to meet service level agreements and quality of standard.

关键词： Cloud Computing Cloud Requirements Cloud Service Provisioning Service Level agreements Quality of Service.

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ECONOMY

Beijing Review 2019年第18期62卷 6-7页

Joint Payments Union Pay International announced on April 23 that it had signed agreements with fi nancial institutions from several Belt and Road Initiative participants to develop payment *** to the agreements,Union Pay will establish a joint venture with fi nancial institutions in Laos to run the country’s national bank card payment system.

关键词： Joint Payments International agreements

ASEAN Commitment to Sustainable Development in the Regional International Environmental Law Perspective

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International Relations and Diplomacy 2018年第3期6卷 171-187页

作者： Andreas Pramudianto University of Indonesia JakartaIndonesia

The World Commission on Environment and Development in its report entitled“Our Common Future”has put forward the idea of sustainable development which is also an important part of the development of regional environmental law in Southeast *** 1985 ASEAN Agreement on the Nature and Natural Resources has put sustainable development for the first time in ASEAN’s *** development continues to grow through the 1987 Jakarta Resolution on Sustainable Development agreed upon by the leaders of *** research will look at the importance of sustainable development as part of the regional environmental international law concept and how it has grown in ASEAN *** purpose of this research is to know the various international agreements both soft law and hard law that puts sustainable development as an important *** results show that sustainable development has become an integral part of the regional international environmental legal system in ASEAN.A provisional conclusion shows that ASEAN’s commitment to sustainable development has greatly improved the success of implementing environmental policies at the ASEAN level.

关键词： sustainable development ASEAN international environmental law regional international agreements soft law and hard law