This paper proposes anoptimal fuzzy-based model for obtaining crisp priorities for Fuzzy-AHP comparison matrices.Crisp judgments cannot be given for real-life situations,as most of these include some level of fuzzines...This paper proposes anoptimal fuzzy-based model for obtaining crisp priorities for Fuzzy-AHP comparison matrices.Crisp judgments cannot be given for real-life situations,as most of these include some level of fuzziness and com-plexity.In these situations,judgments are represented by the set of fuzzy numbers.Most of the fuzzy optimization models derive crisp priorities for judgments repre-sented with Triangular Fuzzy Numbers(TFNs)only.They do not work for other types of Triangular Shaped Fuzzy Numbers(TSFNs)and Trapezoidal Fuzzy Numbers(TrFNs).To overcome this problem,a sum of squared error(SSE)based optimization model is proposed.Unlike some other methods,the proposed model derives crisp weights from all of the above-mentioned fuzzy judgments.A fuzzy number is simulated using the Monte Carlo method.A threshold-based constraint is also applied to minimize the deviation from the initial judgments.Genetic Algorithm(GA)is used to solve the optimization model.We have also conducted casestudiesto show the proposed approach’s advantages over the existingmethods.Results show that the proposed model outperforms other models to minimize SSE and deviation from initial judgments.Thus,the proposed model can be applied in various real time scenarios as it can reduce the SSE value upto 29%compared to the existing studies.展开更多
The ranking problem is studied when the pairwise comparisons values are unoertain in the analytic hierarchy process （AHP）. The method of constructing the judgment matrix is presented when the pairwise comparisons va...The ranking problem is studied when the pairwise comparisons values are unoertain in the analytic hierarchy process （AHP）. The method of constructing the judgment matrix is presented when the pairwise comparisons values are denoted by the unascertained three-valued reciprocal scales. By turning the reciprocal judgment matrix into attribute judgment matrix, the method to check the consistency of the pairwise comparisons judgment matrix and the calculation method of weighting coefficients are given. Finally, numerical examples are given to illustrate the effectiveness of the proposed method.展开更多
A new method in making judgment matrix is proposed based on a basic value of “importance” and a relative measure level of “importance”. Factors affecting petroleum exploration are analyzed and Experts’ judgment m...A new method in making judgment matrix is proposed based on a basic value of “importance” and a relative measure level of “importance”. Factors affecting petroleum exploration are analyzed and Experts’ judgment matrix on a geologic formation is given. Expected value of each factor is computed and the volume of recoverable oil is estimated.展开更多
Ⅰ.Enforcement of foreign judgments? Article 431 DCCP In the absence of a treaty in w hich the mutual recognition and enforcement of judgments in civil and commercial matters is regulated,the recognition and enforceme...Ⅰ.Enforcement of foreign judgments? Article 431 DCCP In the absence of a treaty in w hich the mutual recognition and enforcement of judgments in civil and commercial matters is regulated,the recognition and enforcement of a foreign judgment in the Netherlands is governed by general private international law.展开更多
As a newly developed theory, narrative ethics has its reasonability and advantages in that it can not only analyze either the contents or the forms of the texts, but also make an analysis of the combination of both co...As a newly developed theory, narrative ethics has its reasonability and advantages in that it can not only analyze either the contents or the forms of the texts, but also make an analysis of the combination of both contents and forms. This article, supported by James Phelan＇s rhetorical narrative theory as the theoretical base, attempts to explore and interpret narrative judgments and its implied ethics existing in The Child in Time by Ian McEwan so as to observe the hidden aesthetic orientation, the value judgments and the ethical intentions of the text and help to reveal the author＇s views of narrative ethics and aesthetics of the novel.展开更多
Criminal law interpretation in China faces two primary challenges in terms of value judgments. Normative interpretations often fall into circular and inadequate reasoning, while judges, the key figures in applying int...Criminal law interpretation in China faces two primary challenges in terms of value judgments. Normative interpretations often fall into circular and inadequate reasoning, while judges, the key figures in applying interpretive principles, frequently lack the necessary value judgment engagement and proficiency. Traditional criminal law interpretation is ensnared in a subjective-objective dichotomy, resulting in a misalignment with the aim of "legitimate and rational" interpretation practices in China. To rectify this, a philosophical shift is required to allow intersubjective value judgments while maintaining subjectivityobjectivity as the prerequisite. Criminal law interpretation ensures the completeness of value judgments through a combination of specialized knowledge and public discourse.This involves the creation of systematic criteria for value judgments and adherence to legal principles. The former necessitates defining the internal and external standards of value judgments, formulating rules for the resolution of conflicting standards, and underlining the practical importance of criminalization under law, or "no crime or punishment without law"(the principle that only the law can define a crime and prescribe a penalty) and "Where no law applies, it is permissible to redefine a crime as non-criminal or minor"(decriminalization).The latter involves three perspectives: logical reasoning and theoretical arguments;positive and negative judgments;and formal and substantive rationality. Moreover, it should be approached from four dimensions: normative orientation, individual case promotion, reverse exclusion, and constitutional guidance.展开更多
We presented a quantity judgment task that involved comparing two sequentially presented sets of items to preschoolers and chimpanzees using nearly identical procedures that excluded verbal instructions to children. T...We presented a quantity judgment task that involved comparing two sequentially presented sets of items to preschoolers and chimpanzees using nearly identical procedures that excluded verbal instructions to children. Trial difficulty in this task reflected the ratio difference between sets of discrete items where larger ratios （e.g., 0.80 as from comparing 4 to 5） were more difficult than smaller ones （e.g., 0.50 as from comparing 4 to 8）. Children also completed verbal-based tasks probing the relationskip between counting proficiency and performance on the quantity judgment task of sequentially presented identical sized items. Both species＇ performance was best when ratios between comparison sets were small regardless of set size in all types of tasks. Generally, chimpanzees and older children performed better than younger children except at larger ratios. Children＇s counting proficiency was not related to success in choosing the larger of two quantities of identical-sized items. These results indicate that chimpanzees and children share an approximate number sense that is reflected through analog magnitude estimation when comparing quantities [Current Zoology 57 （4）： 419-428, 2011].展开更多
In the era of globalization,commercial transactions readily gain international dimensions and are increasingly delocalized.With a view to establishing effective dispute resolution mechanisms,it is desirable that judgm...In the era of globalization,commercial transactions readily gain international dimensions and are increasingly delocalized.With a view to establishing effective dispute resolution mechanisms,it is desirable that judgments rendered in one state be recognized and enforced in other states.This is especially important in East Asia,as cross-border business activities are rapidly expanding along with its economic growth.This paper aims to examine the recognition and enforcement of judgments in civil and commercial matters in East Asia with a focus on Sino-Japanese relationships,where the establishment of a reciprocal relationship has posed a considerable challenge.It is worth considering how we can gradually pave the way towards the mutual recognition and enforcement of judgments to achieve coordination among legal systems.展开更多
This article discusses the rules for recognition and enforcement of foreign judgments in the Republic of Korea （hereinafter referred to as ＂South Korea＂ or ＂Korea＂）. Articles 217 and 217-2 of the Civil Procedure...This article discusses the rules for recognition and enforcement of foreign judgments in the Republic of Korea （hereinafter referred to as ＂South Korea＂ or ＂Korea＂）. Articles 217 and 217-2 of the Civil Procedure Act of Korea and Articles 26 and 27 of the Civil Enforcement Act of Korea provide for the recognition and enforcement of foreign judgments respectively. Korea has not entered into any bilateral or multilateral treaties regarding the recognition and enforcement of foreign judgments and is not a party to the Convention on Choice of Court Agreements. The article also considers the current undesirable status of recognition and enforcement of judgments in the region consisting of China, Japan and South Korea （hereinafter referred to as ＂Region＂） and suggests a course of action to be taken to improve the situation. The author believes that the experts of the Region should embark upon a project to improve the current situation and that the first step should be to exchange and gather information on the current legal regime of the countries in the Region on the recognition and enforcement of judgments. The author looks forward to future cooperation among the experts in the Region on this topic and is confident that the reciprocity requirement, which currently is a major obstacle to the mutual recognition and enforcement of foreign judgments in the Region, will be overcome in the near future.展开更多
Divorce: The husband pleads to save the marriage, but his wife insists upon divorce, Judge Li granted them a divorce according to an investigation undertaken before the court’s opening session.
JUDGE Li Yanyan completed 226 civil cases last year, more than any of the 100 other civil law judges at Chaoyang District Court in Beijing. Young and lean, Judge Li appears anything but tough. But her colleagues can a...JUDGE Li Yanyan completed 226 civil cases last year, more than any of the 100 other civil law judges at Chaoyang District Court in Beijing. Young and lean, Judge Li appears anything but tough. But her colleagues can attest for the strength which enables her to handle a case load of almost one each work day. Zhang Baoling, Li’s clerk of court, said, "She looks weak,展开更多
This paper is about predicting the outcome of tennis matches of the Association of Tennis Professionals(ATP)and the Women's Tennis Association(WTA)using both data and judgments.There are many factors that influenc...This paper is about predicting the outcome of tennis matches of the Association of Tennis Professionals(ATP)and the Women's Tennis Association(WTA)using both data and judgments.There are many factors that influence that outcome.An important question is which factors have significant influence on the outcome.We have identified numerous factors and systematically prioritized them subjectively and objectively,so as to improve the accuracy of the prediction.We then used them to predict the win-lose outcome of the 2015 US OPEN tennis matches(63 men and 31 women's games)before they took place.The tennis match prediction in sports literature thus far reported an accuracy rate of 70%.The accuracy of our proposed model which combines data and judgment reaches 85.1%.展开更多
This article deals with reciprocity requirement for recognition of foreign judgments in Japan. Following German law, Japanese law requires reciprocity to the rendering state in addition to the jurisdiction of the stat...This article deals with reciprocity requirement for recognition of foreign judgments in Japan. Following German law, Japanese law requires reciprocity to the rendering state in addition to the jurisdiction of the state, the service of process, and the compatibility with Japanese public policy. Although Japanese courts have rarely refused the recognition of foreign judgments for lack of reciprocity for a long time, some Chinese judgments recently have not been recognized for this reason. The author clarifies first with historical review what was the purpose of the Japanese legislator, when the original law of 1890 required the reciprocity by international treaties, and when later the reform law of 1926 required the simple reciprocity that is similarly provided in the current law. The author surveys then the Japanese case law concerning the reciprocity requirement after the reform of 1926. The author focuses further on the reciprocity between Japan and China and compares the Japanese practice with the German one that led to a different result. Last, it is concluded that the reciprocity requirement is contrary to the protection of human rights under Japanese constitution.展开更多
Transboundary recognition and enforcement of judgments is of increasing practical significance and it draws a great deal of efforts at various levels. However, the efforts already made are predominantly in relation to...Transboundary recognition and enforcement of judgments is of increasing practical significance and it draws a great deal of efforts at various levels. However, the efforts already made are predominantly in relation to cross-border movement of monetary judgments, leaving non-monetary judgments beyond recognizability. Investigation into China＇s legislation and adjudication reveals that there is no distinction made between recognition of monetary and non-monetary judgments, and practice also ignores such a distinction. Following the trend of embracing non-monetary judgments within the scope of recognizablility, China＇s standpoint seemingly appears to be desirable, although the long-standing non-differentiation of monetary and non-monetary judgments is not presumed to be originally out of promoting recognition and enforcement of foreign non-monetary judgments in China. It is submitted that for promoting recognition and enforcement of foreign non-monetary judgments, China shall introduce independent rules in order to facilitate the circulation of such judgments, which merits a special treatment. For parties to seek the recognition and enforcement of such judgments, prior to any overhauling of the current legal regime, they have to follow China＇s persisting general legal regime and judicial practice regarding recognition and enforcement of all categories of foreign judgments, and a special call is made for particular attention to the reciprocity requirement and due service requirement.展开更多
Civil judgments are one of the most important activities in the court system. These judgments are the manifestation and conclusion of civil cases by the courts,after they have exercised their public power to make dete...Civil judgments are one of the most important activities in the court system. These judgments are the manifestation and conclusion of civil cases by the courts,after they have exercised their public power to make determinations or show their intentions. They stand for the will of the courts. The richness of the forms of civil judgments calls for the diversification of the objects and ways of civil prosecutorial supervision,in order to establish a corresponding supervision system with better results. Based on the inherent nature and forms of civil judgments,following the rule of formation and implementation of civil judgments,this article tries to suggest improvements for the prosecutorial supervision system through the reform of the system of civil judgments.展开更多
In December 2016, the Nanjing Intermediate People＇s Court in China issued its ruling in the Kolmar vo Sutex case, where a monetary judgment from Singapore was recognized and enforced against a local textile company. ...In December 2016, the Nanjing Intermediate People＇s Court in China issued its ruling in the Kolmar vo Sutex case, where a monetary judgment from Singapore was recognized and enforced against a local textile company. The case confirms that once a foreign country has taken the initiative, Chinese courts will follow up to enforce judgments from that country reciprocally. This is the doctrine of de facto reciprocity adopted by some Chinese courts. The paper surveys the judicial practice of Chinese courts and finds that this area of law is full of confusion and uncertainties due to the lack of applicable rules. Recent developments suggest that China may move away from this approach and adopt a relaxed version of reciprocity, which is worthy of close attention.展开更多
Objective:To study the influence of cognition and emotion on moral judgment of college students under the circumstance of whether the cognitive resources are occupied and whether the emotion is induced.Methods:This ex...Objective:To study the influence of cognition and emotion on moral judgment of college students under the circumstance of whether the cognitive resources are occupied and whether the emotion is induced.Methods:This experiment uses a multi-factor mixed experiment method to divide experiments and groups.Experiment 1 uses a two-factor mixed experimental design of 2(cognitive resource occupancy group,cognitive resource non-occupied group)×3(difficult situation type).Experiment 2 uses a two-factor mixed experimental design of 2(emotion induction group,emotion induction and cognitive resource occupation group)×3(three types of dilemma situation types)is adopted.The dependent variable of this experiment(including Experiment 1 and Experiment 2)is the judgment response time and the judgment result is“Yes”(F)or“No”(J).Results:(1)The reaction time of the cognitive resource occupancy group was significantly higher than that of the cognitive resource non-occupied group,and the cognitive resource occupancy group in the three types of dilemma situations of high personal involvement,low personal involvement,and non-personal participation.There is no significant difference between the results of moral judgments and the cognitive resource non-occupied group.(2)In the three dilemmas of high personal involvement,low personal involvement,and non-personal participation,the emotion-induced group and the emotion-induced and cognitive resource occupation group have no significant differences in reaction time and moral judgment results.(3)In the three dilemmas of high personal involvement,low personal involvement,and non-personal participation,the reaction time difference between the cognitive resource occupation group and the emotionally induced and cognitive resource occupation is not significant,while in the dilemma of low personal involvement,the number of people in the cognitive resource occupation group whose moral judgment is“Yes”was significantly higher than that in the emotionally induced and cognitive resource occupation group.(4)In the three dilemmas of high personal involvement,low personal involvement,and non-personal participation,the reaction time of the emotionally induced group was significantly higher than that of the cognitive resource non-occupied group,and the moral judgment results of the two groups were both found no significant difference.Conclusion:When the occupation of cognitive resources and the induction of emotions will significantly affect the response of individual moral judgments,different types of dilemmas will significantly affect the results of individual moral judgments.展开更多
From the perspective of geological zone selection for coalbed methane(CBM) development, the evaluation parameters(covering geological conditions and production conditions) of geological sweetspot for CBM development a...From the perspective of geological zone selection for coalbed methane(CBM) development, the evaluation parameters(covering geological conditions and production conditions) of geological sweetspot for CBM development are determined, and the evaluation index system of geological sweetspot for CBM development is established. On this basis, the fuzzy pattern recognition(FPR) model of geological sweetspot for CBM development is built. The model is applied to evaluate four units of No.3 Coal Seam in the Fanzhuang Block, southern Qinshui Basin, China. The evaluation results are consistent with the actual development effect and the existing research results, which verifies the rationality and reliability of the FPR model. The research shows that the proposed FPR model of geological sweetspot for CBM development does not involve parameter weighting which leads to uncertainties in the results of the conventional models such as analytic hierarchy process and multi-level fuzzy synthesis judgment, and features a simple computation without the construction of multi-level judgment matrix. The FPR model provides reliable results to support the efficient development of CBM.展开更多
Distribution networks denote important public infrastructure necessary for people’s livelihoods.However,extreme natural disasters,such as earthquakes,typhoons,and mudslides,severely threaten the safe and stable opera...Distribution networks denote important public infrastructure necessary for people’s livelihoods.However,extreme natural disasters,such as earthquakes,typhoons,and mudslides,severely threaten the safe and stable operation of distribution networks and power supplies needed for daily life.Therefore,considering the requirements for distribution network disaster prevention and mitigation,there is an urgent need for in-depth research on risk assessment methods of distribution networks under extreme natural disaster conditions.This paper accessesmultisource data,presents the data quality improvement methods of distribution networks,and conducts data-driven active fault diagnosis and disaster damage analysis and evaluation using data-driven theory.Furthermore,the paper realizes real-time,accurate access to distribution network disaster information.The proposed approach performs an accurate and rapid assessment of cross-sectional risk through case study.The minimal average annual outage time can be reduced to 3 h/a in the ring network through case study.The approach proposed in this paper can provide technical support to the further improvement of the ability of distribution networks to cope with extreme natural disasters.展开更多
This paper discusses a method for identifying states in a multistage Decision Making Problem in which an Indifferent Event is either predetermined or can be automatically derived after the fact. First, when they are p...This paper discusses a method for identifying states in a multistage Decision Making Problem in which an Indifferent Event is either predetermined or can be automatically derived after the fact. First, when they are pre-set, the amount of possible information about Indifferent Event tends to be large. Therefore, since the decision is risk tolerant, the Max-Product method of Tanaka et al. is used to calculate the expected utility possibility. Next, in the case of automatic derivation after the fact, the amount of information on the possibility of Indifferent Event is relatively small, so the expected utility possibility is derived using Zadeh’s Fuzzy Event Possibility Measure. Here, it is assumed that the setting of the utility function is independent of the information on the occurrence of the Indifferent Event and is identified by the decision maker by lot drawing using the certainty equivalence method. As a concrete example, we focus on the pass/fail decision of a recommendation test, which is a two choice question in the No-Data Problem, and illustrate the multistage state identification method. .展开更多
文摘This paper proposes anoptimal fuzzy-based model for obtaining crisp priorities for Fuzzy-AHP comparison matrices.Crisp judgments cannot be given for real-life situations,as most of these include some level of fuzziness and com-plexity.In these situations,judgments are represented by the set of fuzzy numbers.Most of the fuzzy optimization models derive crisp priorities for judgments repre-sented with Triangular Fuzzy Numbers(TFNs)only.They do not work for other types of Triangular Shaped Fuzzy Numbers(TSFNs)and Trapezoidal Fuzzy Numbers(TrFNs).To overcome this problem,a sum of squared error(SSE)based optimization model is proposed.Unlike some other methods,the proposed model derives crisp weights from all of the above-mentioned fuzzy judgments.A fuzzy number is simulated using the Monte Carlo method.A threshold-based constraint is also applied to minimize the deviation from the initial judgments.Genetic Algorithm(GA)is used to solve the optimization model.We have also conducted casestudiesto show the proposed approach’s advantages over the existingmethods.Results show that the proposed model outperforms other models to minimize SSE and deviation from initial judgments.Thus,the proposed model can be applied in various real time scenarios as it can reduce the SSE value upto 29%compared to the existing studies.
文摘The ranking problem is studied when the pairwise comparisons values are unoertain in the analytic hierarchy process （AHP）. The method of constructing the judgment matrix is presented when the pairwise comparisons values are denoted by the unascertained three-valued reciprocal scales. By turning the reciprocal judgment matrix into attribute judgment matrix, the method to check the consistency of the pairwise comparisons judgment matrix and the calculation method of weighting coefficients are given. Finally, numerical examples are given to illustrate the effectiveness of the proposed method.
文摘A new method in making judgment matrix is proposed based on a basic value of “importance” and a relative measure level of “importance”. Factors affecting petroleum exploration are analyzed and Experts’ judgment matrix on a geologic formation is given. Expected value of each factor is computed and the volume of recoverable oil is estimated.
文摘Ⅰ.Enforcement of foreign judgments? Article 431 DCCP In the absence of a treaty in w hich the mutual recognition and enforcement of judgments in civil and commercial matters is regulated,the recognition and enforcement of a foreign judgment in the Netherlands is governed by general private international law.
文摘As a newly developed theory, narrative ethics has its reasonability and advantages in that it can not only analyze either the contents or the forms of the texts, but also make an analysis of the combination of both contents and forms. This article, supported by James Phelan＇s rhetorical narrative theory as the theoretical base, attempts to explore and interpret narrative judgments and its implied ethics existing in The Child in Time by Ian McEwan so as to observe the hidden aesthetic orientation, the value judgments and the ethical intentions of the text and help to reveal the author＇s views of narrative ethics and aesthetics of the novel.
文摘Criminal law interpretation in China faces two primary challenges in terms of value judgments. Normative interpretations often fall into circular and inadequate reasoning, while judges, the key figures in applying interpretive principles, frequently lack the necessary value judgment engagement and proficiency. Traditional criminal law interpretation is ensnared in a subjective-objective dichotomy, resulting in a misalignment with the aim of "legitimate and rational" interpretation practices in China. To rectify this, a philosophical shift is required to allow intersubjective value judgments while maintaining subjectivityobjectivity as the prerequisite. Criminal law interpretation ensures the completeness of value judgments through a combination of specialized knowledge and public discourse.This involves the creation of systematic criteria for value judgments and adherence to legal principles. The former necessitates defining the internal and external standards of value judgments, formulating rules for the resolution of conflicting standards, and underlining the practical importance of criminalization under law, or "no crime or punishment without law"(the principle that only the law can define a crime and prescribe a penalty) and "Where no law applies, it is permissible to redefine a crime as non-criminal or minor"(decriminalization).The latter involves three perspectives: logical reasoning and theoretical arguments;positive and negative judgments;and formal and substantive rationality. Moreover, it should be approached from four dimensions: normative orientation, individual case promotion, reverse exclusion, and constitutional guidance.
基金We wish to acknowledge the staff at the Berry College Child Development Center and Georgia State University Language Research Center for their support in data collection. Research with chimpanzees was supported by grants from the National Institutes of Health （HD 38051 and HD 060563） and the National Science Foundation （BCS 0924811）. The authors thank Mary Beran and John Kelley for their assistance in conducting experimental sessions with chimpanzees, and the staff at the Berry College Child Development Center for data collection with preschoolers. We thank Carla Moldavan for helpful comments pertaining to early childhood mathematical curricula.
文摘We presented a quantity judgment task that involved comparing two sequentially presented sets of items to preschoolers and chimpanzees using nearly identical procedures that excluded verbal instructions to children. Trial difficulty in this task reflected the ratio difference between sets of discrete items where larger ratios （e.g., 0.80 as from comparing 4 to 5） were more difficult than smaller ones （e.g., 0.50 as from comparing 4 to 8）. Children also completed verbal-based tasks probing the relationskip between counting proficiency and performance on the quantity judgment task of sequentially presented identical sized items. Both species＇ performance was best when ratios between comparison sets were small regardless of set size in all types of tasks. Generally, chimpanzees and older children performed better than younger children except at larger ratios. Children＇s counting proficiency was not related to success in choosing the larger of two quantities of identical-sized items. These results indicate that chimpanzees and children share an approximate number sense that is reflected through analog magnitude estimation when comparing quantities [Current Zoology 57 （4）： 419-428, 2011].
文摘In the era of globalization,commercial transactions readily gain international dimensions and are increasingly delocalized.With a view to establishing effective dispute resolution mechanisms,it is desirable that judgments rendered in one state be recognized and enforced in other states.This is especially important in East Asia,as cross-border business activities are rapidly expanding along with its economic growth.This paper aims to examine the recognition and enforcement of judgments in civil and commercial matters in East Asia with a focus on Sino-Japanese relationships,where the establishment of a reciprocal relationship has posed a considerable challenge.It is worth considering how we can gradually pave the way towards the mutual recognition and enforcement of judgments to achieve coordination among legal systems.
文摘This article discusses the rules for recognition and enforcement of foreign judgments in the Republic of Korea （hereinafter referred to as ＂South Korea＂ or ＂Korea＂）. Articles 217 and 217-2 of the Civil Procedure Act of Korea and Articles 26 and 27 of the Civil Enforcement Act of Korea provide for the recognition and enforcement of foreign judgments respectively. Korea has not entered into any bilateral or multilateral treaties regarding the recognition and enforcement of foreign judgments and is not a party to the Convention on Choice of Court Agreements. The article also considers the current undesirable status of recognition and enforcement of judgments in the region consisting of China, Japan and South Korea （hereinafter referred to as ＂Region＂） and suggests a course of action to be taken to improve the situation. The author believes that the experts of the Region should embark upon a project to improve the current situation and that the first step should be to exchange and gather information on the current legal regime of the countries in the Region on the recognition and enforcement of judgments. The author looks forward to future cooperation among the experts in the Region on this topic and is confident that the reciprocity requirement, which currently is a major obstacle to the mutual recognition and enforcement of foreign judgments in the Region, will be overcome in the near future.
文摘Divorce: The husband pleads to save the marriage, but his wife insists upon divorce, Judge Li granted them a divorce according to an investigation undertaken before the court’s opening session.
文摘JUDGE Li Yanyan completed 226 civil cases last year, more than any of the 100 other civil law judges at Chaoyang District Court in Beijing. Young and lean, Judge Li appears anything but tough. But her colleagues can attest for the strength which enables her to handle a case load of almost one each work day. Zhang Baoling, Li’s clerk of court, said, "She looks weak,
基金the National Natural Science Foundation of China(Grant Number 71702009,71531013,71729001)Fundamental Research Funds for the Central Universities(FRF-BR-16-005A).
文摘This paper is about predicting the outcome of tennis matches of the Association of Tennis Professionals(ATP)and the Women's Tennis Association(WTA)using both data and judgments.There are many factors that influence that outcome.An important question is which factors have significant influence on the outcome.We have identified numerous factors and systematically prioritized them subjectively and objectively,so as to improve the accuracy of the prediction.We then used them to predict the win-lose outcome of the 2015 US OPEN tennis matches(63 men and 31 women's games)before they took place.The tennis match prediction in sports literature thus far reported an accuracy rate of 70%.The accuracy of our proposed model which combines data and judgment reaches 85.1%.
文摘This article deals with reciprocity requirement for recognition of foreign judgments in Japan. Following German law, Japanese law requires reciprocity to the rendering state in addition to the jurisdiction of the state, the service of process, and the compatibility with Japanese public policy. Although Japanese courts have rarely refused the recognition of foreign judgments for lack of reciprocity for a long time, some Chinese judgments recently have not been recognized for this reason. The author clarifies first with historical review what was the purpose of the Japanese legislator, when the original law of 1890 required the reciprocity by international treaties, and when later the reform law of 1926 required the simple reciprocity that is similarly provided in the current law. The author surveys then the Japanese case law concerning the reciprocity requirement after the reform of 1926. The author focuses further on the reciprocity between Japan and China and compares the Japanese practice with the German one that led to a different result. Last, it is concluded that the reciprocity requirement is contrary to the protection of human rights under Japanese constitution.
基金This research is supported by National Social Science Foundation of China （Grant No. 15CFX069） and Beijing Social Science Foundation （Grant No. 17FXC031）.
文摘Transboundary recognition and enforcement of judgments is of increasing practical significance and it draws a great deal of efforts at various levels. However, the efforts already made are predominantly in relation to cross-border movement of monetary judgments, leaving non-monetary judgments beyond recognizability. Investigation into China＇s legislation and adjudication reveals that there is no distinction made between recognition of monetary and non-monetary judgments, and practice also ignores such a distinction. Following the trend of embracing non-monetary judgments within the scope of recognizablility, China＇s standpoint seemingly appears to be desirable, although the long-standing non-differentiation of monetary and non-monetary judgments is not presumed to be originally out of promoting recognition and enforcement of foreign non-monetary judgments in China. It is submitted that for promoting recognition and enforcement of foreign non-monetary judgments, China shall introduce independent rules in order to facilitate the circulation of such judgments, which merits a special treatment. For parties to seek the recognition and enforcement of such judgments, prior to any overhauling of the current legal regime, they have to follow China＇s persisting general legal regime and judicial practice regarding recognition and enforcement of all categories of foreign judgments, and a special call is made for particular attention to the reciprocity requirement and due service requirement.
文摘Civil judgments are one of the most important activities in the court system. These judgments are the manifestation and conclusion of civil cases by the courts,after they have exercised their public power to make determinations or show their intentions. They stand for the will of the courts. The richness of the forms of civil judgments calls for the diversification of the objects and ways of civil prosecutorial supervision,in order to establish a corresponding supervision system with better results. Based on the inherent nature and forms of civil judgments,following the rule of formation and implementation of civil judgments,this article tries to suggest improvements for the prosecutorial supervision system through the reform of the system of civil judgments.
文摘In December 2016, the Nanjing Intermediate People＇s Court in China issued its ruling in the Kolmar vo Sutex case, where a monetary judgment from Singapore was recognized and enforced against a local textile company. The case confirms that once a foreign country has taken the initiative, Chinese courts will follow up to enforce judgments from that country reciprocally. This is the doctrine of de facto reciprocity adopted by some Chinese courts. The paper surveys the judicial practice of Chinese courts and finds that this area of law is full of confusion and uncertainties due to the lack of applicable rules. Recent developments suggest that China may move away from this approach and adopt a relaxed version of reciprocity, which is worthy of close attention.
基金This work was supported by Natural Science Foundation of Hainan Province:Research on the Cognitive and Emotional Processing Mechanism of Moral Judgment(Project No.719MS056).
文摘Objective:To study the influence of cognition and emotion on moral judgment of college students under the circumstance of whether the cognitive resources are occupied and whether the emotion is induced.Methods:This experiment uses a multi-factor mixed experiment method to divide experiments and groups.Experiment 1 uses a two-factor mixed experimental design of 2(cognitive resource occupancy group,cognitive resource non-occupied group)×3(difficult situation type).Experiment 2 uses a two-factor mixed experimental design of 2(emotion induction group,emotion induction and cognitive resource occupation group)×3(three types of dilemma situation types)is adopted.The dependent variable of this experiment(including Experiment 1 and Experiment 2)is the judgment response time and the judgment result is“Yes”(F)or“No”(J).Results:(1)The reaction time of the cognitive resource occupancy group was significantly higher than that of the cognitive resource non-occupied group,and the cognitive resource occupancy group in the three types of dilemma situations of high personal involvement,low personal involvement,and non-personal participation.There is no significant difference between the results of moral judgments and the cognitive resource non-occupied group.(2)In the three dilemmas of high personal involvement,low personal involvement,and non-personal participation,the emotion-induced group and the emotion-induced and cognitive resource occupation group have no significant differences in reaction time and moral judgment results.(3)In the three dilemmas of high personal involvement,low personal involvement,and non-personal participation,the reaction time difference between the cognitive resource occupation group and the emotionally induced and cognitive resource occupation is not significant,while in the dilemma of low personal involvement,the number of people in the cognitive resource occupation group whose moral judgment is“Yes”was significantly higher than that in the emotionally induced and cognitive resource occupation group.(4)In the three dilemmas of high personal involvement,low personal involvement,and non-personal participation,the reaction time of the emotionally induced group was significantly higher than that of the cognitive resource non-occupied group,and the moral judgment results of the two groups were both found no significant difference.Conclusion:When the occupation of cognitive resources and the induction of emotions will significantly affect the response of individual moral judgments,different types of dilemmas will significantly affect the results of individual moral judgments.
基金Key Project of China National Natural Science Foundation (42230814,52234002)Research Program Foundation of Key Laboratory of Tectonics and Petroleum Resources (China University of Geosciences),Ministry of Education (TPR-2022-17)。
文摘From the perspective of geological zone selection for coalbed methane(CBM) development, the evaluation parameters(covering geological conditions and production conditions) of geological sweetspot for CBM development are determined, and the evaluation index system of geological sweetspot for CBM development is established. On this basis, the fuzzy pattern recognition(FPR) model of geological sweetspot for CBM development is built. The model is applied to evaluate four units of No.3 Coal Seam in the Fanzhuang Block, southern Qinshui Basin, China. The evaluation results are consistent with the actual development effect and the existing research results, which verifies the rationality and reliability of the FPR model. The research shows that the proposed FPR model of geological sweetspot for CBM development does not involve parameter weighting which leads to uncertainties in the results of the conventional models such as analytic hierarchy process and multi-level fuzzy synthesis judgment, and features a simple computation without the construction of multi-level judgment matrix. The FPR model provides reliable results to support the efficient development of CBM.
文摘Distribution networks denote important public infrastructure necessary for people’s livelihoods.However,extreme natural disasters,such as earthquakes,typhoons,and mudslides,severely threaten the safe and stable operation of distribution networks and power supplies needed for daily life.Therefore,considering the requirements for distribution network disaster prevention and mitigation,there is an urgent need for in-depth research on risk assessment methods of distribution networks under extreme natural disaster conditions.This paper accessesmultisource data,presents the data quality improvement methods of distribution networks,and conducts data-driven active fault diagnosis and disaster damage analysis and evaluation using data-driven theory.Furthermore,the paper realizes real-time,accurate access to distribution network disaster information.The proposed approach performs an accurate and rapid assessment of cross-sectional risk through case study.The minimal average annual outage time can be reduced to 3 h/a in the ring network through case study.The approach proposed in this paper can provide technical support to the further improvement of the ability of distribution networks to cope with extreme natural disasters.
文摘This paper discusses a method for identifying states in a multistage Decision Making Problem in which an Indifferent Event is either predetermined or can be automatically derived after the fact. First, when they are pre-set, the amount of possible information about Indifferent Event tends to be large. Therefore, since the decision is risk tolerant, the Max-Product method of Tanaka et al. is used to calculate the expected utility possibility. Next, in the case of automatic derivation after the fact, the amount of information on the possibility of Indifferent Event is relatively small, so the expected utility possibility is derived using Zadeh’s Fuzzy Event Possibility Measure. Here, it is assumed that the setting of the utility function is independent of the information on the occurrence of the Indifferent Event and is identified by the decision maker by lot drawing using the certainty equivalence method. As a concrete example, we focus on the pass/fail decision of a recommendation test, which is a two choice question in the No-Data Problem, and illustrate the multistage state identification method. .
