水电站调节保证计算中导叶关闭规律探讨

调节保证计算是水电站设计中的重要内容之一。水电站运行的过程中,为了最大限度的减少水压上升值与转速上升值,通过优化导叶折线关闭方式来解决过渡过程中水电站的运行安全问题是最经济的有效措施,而且技术上也容易实现。目前,普遍采用的两段或三段关闭规律。但是,理论上来讲,不管是两段还是三段关闭规律,都不是最优关闭规律。笔者从微积分的思想出发,提出了根据水轮机工作参数的变化实时地改变导叶关闭方式的非固定模式的导叶关闭方式,能更有效地提高水电站运行的稳定性和安全性。     

加强法治建设 提高路政执法能力

依法治路是构建和谐交通的重要特征。没有规范化的法治建设就不可能有和谐的交通秩序，要保障良好的高速公路运营环境，促进社会发展和经济发展，就必须加强法制建设，提高路政执法能力，全面提升路政管理水平和服务水平，努力实现“端正执法理念，坚持文明执法，改进执法作风，坚持公正执法，规范执法行为，坚持严格执法”的目标。     

Private law enforcement with competing groups

This paper introduces groups that are in conflict against each other in law enforcement policy. These groups can have an effect on the process of law enforcement by making upfront investments, such as bribes. We also investigate consequences when a policy maker acts to maximize a bribe instead of social welfare. Thus, this paper presents an inclusive framework for incorporating private law enforcement, corruption and avoidance activities. This article shows that this competition can lead to moderate and more efficient law enforcement activities. This indicates that inefficient law enforcement by authority with harm reduction motivation can be avoided. Additionally, this paper shows that depending on the policy maker’s objection between rent-seeking motivation or social welfare maximizer, deterrence effects vary. This paper provides a clear mechanism that the rent-seeking motivated policy maker tends to set less severe enforcement policies than the social welfare level.     

依法执政是依法治国的政治保证

依法治国是我党建设社会主义法治国家的基本方略。依法执政是在此前提下对执政党提出的必然要求,是实现依法治国的关键,二者具有内在统一性。依法执政是新时期党执政的基本方式,实现依法执政的路径包含培养法治意识、完善法律制度、强化监督机制三方面。     

自始不能履行合同有效与民法规范体系之间的协调

我国合同法确认了自始不能履行合同有效,此立法与国际通行做法一致,其法理的正当性应得到肯定。但是,自始不能履行合同有效在我国民法的现行体系下,存在与《民法通则》的法律行为、《合同法》51条的协调问题。本文从解释学与法律适用的角度,对自始不能履行合同有效与民法体系的协调进行梳理,期待该问题的进一步深入研究。     

2 Discourse Ethics, Democracy, and International Law: Toward a Globalization of Practical Reason

A bstract .   This paper deals with the foundational "architectonics" (Kantian) at the ground of the internal relation between the three concepts raised in the title. First, I provide a short introduction into the ultimate foundation of practical philosophy by the transcendental-pragmatic conception of discourse ethics . Then, I discuss the foundational relation between discourse ethics , positive law , and democracy as a constitutional state of law . Finally, I explore the foundational relation between human rights as part of universal law, the democratic state of law, and international law or jus gentium . By taking issue with Kant, Habermas, and Rawls, I try to show that a rational foundation of ethics, as well as a rational approach to the traditional problems of international law, is only possible through a critical transformation of Kant's approach via a transcendental-pragmatic conception of discourse ethics.     

Court Standards for Terminating Employees Under the ADA: Some Questions and Answers for Managers

Since the passage of the Americans with Disabilities Act in 1990, managers have had to wrestle with the question of what to do when employees become disabled and can no longer perform their jobs as they had before. By law, managers are required to retain such employees if, with reasonable accommodations, they are able to perform their jobs' essential functions. But the written law leaves a number of issues in doubt, such as how managers should (1) determine whether an employee's impairment qualifies as a disability, (2) identify the job functions that are essential, and (3) decide how far to go when granting an accommodation. The Equal Employment Opportunity Commission (EEOC) has issued volumes of regulatory guidelines that deal with these questions. Only now, however, is a body of case law beginning to emerge. Because case law takes legal precedence over EEOC interpretations, managers must keep abreast of court decisions, especially when the courts' edicts conflict with those published by the EEOC. This article describes ADA case law in the form of answers to questions frequently posed by managers. It is based on a review of 44 ADA court cases dealing with wrongful termination claims, 4 of which were decided by the Supreme Court.     

TRAP abortion laws and partisan political party control of state government

Targeted Regulation of Abortion Providers (or TRAP) laws impose medically unnecessary and burdensome regulations solely on abortion providers in order to make abortion services more expensive and difficult to obtain. Using event history analysis, this article examines the determinants of the enactment of a TRAP law by states over the period 1974–2008. The empirical results find that Republican institutional control of a state's legislative/executive branches is positively associated with a state enacting a TRAP law, while Democratic institutional control is negatively associated with a state enacting a TRAP law. The percentage of a state's population that is Catholic, public anti-abortion attitudes, state political ideology, and the abortion rate in a state are statistically insignificant predictors of a state enacting a TRAP law. The empirical results are consistent with the hypothesis that abortion is a redistributive issue and not a morality issue.     

依法治校,促进校园法治文化建设

依法治校是贯彻党的十六大精神,推进依法治国基本方略的必然要求,是深化教育改革,推动教育发展的重要内容。依法治校目前存在的主要问题是广大师生员工的法律知识缺乏,教育管理者的法律意识淡薄。采取措施是进行普法教育,增强管理者的法律意识,提高依法治校的自觉性。     

危险货物道路运输路面执法及智能执法终端设计

在交通运输综合执法改革的大背景下,各地交通运输主管部门在危险货物道路运输路面执法过程中,面临专业水平不足、执法过程不规范等问题,不会管、不敢管、不愿管的现象突出。通过整理现行政策法规,梳理危险货物道路运输路面执法重点内容清单,同时借助信息化手段开发智能执法终端设备,辅助提升路面执法规范化、专业化水平。     

依法审计定性、规则悖反与救助机制——兼论新常态下的依法审计定性

依法定性是依法审计的重要内容，简单地应用法条进行审计定性可能出现规则悖反，为此提出依法审计定性可能出现的规则悖反情形及其救助机制的理论框架。依法审计定性的最直接路径就是严格地按法条对嫌疑行为予以定性，这可能出现两类规则悖反的情形：一是合法但不合理，二是合理但不合法。两类事项的不当定性都不利于审计目标的达成。为此，依法审计定性必须判断规则悖反是否出现，并对出现的规则悖反实施救助，救助机制包括目的性扩张和目的性限缩。新常态下有新的治国理政方略，国家审计要更好地服务国家治理，更需要在依法审计定性中判断并救助规则悖反。     

社会管理视域下的思想教育规律探析

深入认识与准确把握社会管理中的思想教育规律是有效发挥思想教育在社会管理中作用的前提,能指导管理者及教育者把握其发展的内在联系及必然规律,提高思想教育的针对性与时效性。社会管理中的思想教育规律是由施教规律和受教规律共同构成的规律群,其中施教规律包括:社会管理要求导向律、思想教育内容决定律、教育主体素质支配律以及教育方法影响律;受教规律包括内在驱动律、外在环境制约律和内化外化反复律。     

卡普若干问题研究

对卡普的种类及其性质进行了分析,认为卡普是汽车共享的一种,"非合意拼的"不是卡普,法律应予禁止;经营性卡普在法律上具有适当性,政府应予鼓励.最后,对如何正确发展卡普提出了相应的措施.     

Mandatory dividend rules and the investment decision: The case of Chile

Chilean companies are forced by law to distribute at least 30% of their liquid profits. The purpose of this paper is to analyze whether this mandatory dividend rule has an impact on investment decisions. Based on accounting data and by using the discontinuous regression approach, our results show that there are no significant differences between the investment plans of Chilean companies that pay dividends and those that do not. Moreover, consistent with the signaling hypothesis, our results also show that firms with a greater probability of paying an excess dividend (above the minimum required by the law) are those with more investment opportunities and more financial constraints.     

Does the Lack of a Profit Motive Affect Hiring in Academe? Evidence from the Market for Lawyers

The comparative performance of academic and economic markets continues to be debated. One factor potentially distinguishing academic markets is the profit motive. Profit and competition have been shown to curb discrimination in markets, and the absence of profit discipline could result in myriad forms of prejudice in academic hiring. We explore the role of the profit motive in the performance of academic markets by comparing the pedigree of employees of top law schools and top law firms. Top law schools are much more likely to employ graduates of top ranked law schools than elite law firms, and the difference exists at both the junior and senior levels. We find no evidence that the graduates of top 5 law schools outperform grads of less prestigious schools in publications or citations. In the absence of a profit motive, academic hiring appears more likely to indulge a preference for pedigree, and by implication, this may explain other scholarly prejudices in the academy.     

Who are ‘managing’ the lawyers in China? Control and commitment in an evolving institutional and cultural context and gendered implications

National legal systems are distinctive with strong institutional legacies and societal contexts. Research on the lawyers' work and their operating environment in China has been limited. This study fills part of this gap by investigating the nature of work and career prospect, with gendered implications, in six Chinese law firms. We argue that the lack of commitment to each other between the employer and the lawyers is a result of the governance structure, culture and business process of the law firms, societal norms, market pressure and the active involvement of other stakeholders. The political, economic, social and physical insecurity that engulfs lawyers' work environment undermines their ability to uphold justice for the weak, standards of the profession and ethical values of the society. The study has implications for western law firms operating in China as well as for Chinese law firms that intend to internationalize as part of an emerging trend of Chinese professional services firms. It also has broader implications for human resource management of professional services organizations in China.     

THE ROLE OF LAW IN ECONOMIC GROWTH: A LITERATURE REVIEW

Abstract Compared with other explanatory variables, such as capital accumulation, technological innovations, geographical endowments, economic openness, and cultural factors, institutions, especially legal institutions have been regarded as a crucial condition for economic growth in recent years. The importance of legal rules is systematically revealed by a series of cross‐country econometric studies conducted by La Porta et al., who claim that legal origins are central to understanding the divergence in living standards across the regions and countries of the world and, compared with civil law countries, especially those countries with French civil law tradition, common law countries have enjoyed superior economic outcomes. The controversies set off by La Porta et al.'s proposition indicate that there are a number of questions that are difficult to explain by La Porta et al.'s theory, and hence call for more work on comparative analysis of different legal families before a consensus can be reached.     

财税法规对视同销售行为规定存在的问题及改进研究

增值税法、所得税法、营业税法、消费税法、企业会计准则第14号-收入、企业会计制度等法规,对视同销售行为的有关规定相矛盾。财税人员在实际工作中,对视同销售行为的处理很难兼顾财税法规的规定。本文就存在的问题及改进作了探讨。     

法学专业学生职业能力培养之路径探索

我国法学高等教育无法满足法律职业的要求,这是我国法学教育的现实,也是我国与西方法学教育差距最明显的地方。面对就业和法学教育质量提升的双重压力,明确法学教育的职业性导向,培养学生法律职业技能是大学法学教育无法回避的问题。笔者作为多年的一线教师,并结合律师工作实务,总结出数据库教学法,在提升法学学生法律职业能力方面作出了有益尝试。     

Zipf's Law for Cities and Beyond: The Case of Denmark

Zipf's law for cities is one of the most conspicuous and robust empirical facts in the social sciences. It says that for most countries, the size distribution of cities must fit the power law: the number of cities with populations greater than S is inversely proportional to S. The present paper answers three questions related to Zipf's law: (1) does the Danish case refute Zipf's law for cities?, (2) what are the implications of Zipf's law for models of local growth?, and (3) do we have a Zipf's law for firms? Based on empirical data on the 61 largest Danish cities for year 2000, the answer to (1) is NO—the Danish case is not the exception which refutes Zipf's law. The consideration of (2) then leads to an empirical test of (3). The question of the existence of Zipf's law for firms is tested on a sample of 14,541 Danish production companies (the total population for 1997 with 10 employees or more). Based on the empirical evidence, the answer to (3) is YES in the sense that the growth pattern of Danish production companies follows a clean rank‐size distribution consistent with Zipf's law.