2018, Vol. 31 No.3
Publication date: 25 May 2018
Customers are not obliged to accepting a work produced by the contractor under "Taiwan's Civil Law". Although there is a provision in "the Government Procurement Act" that "An entity conducting a procurement for construction work or property shall set a time-limit for inspection and acceptance, and may conduct partial acceptance." However, most contracts have deemed that the work passing the inspection is equal to acceptance, and the customer often delays the inspection procedure. While German Civil Code and VOB/B Article 12 regulates that it is equivalent to acceptance if the customer does not accept the work within a reasonable period of time specified for him by the contractor, although he is under a duty to do so. It also owes the German Civil Code and VOB/B Article 12 Section 2 that the contractor may request the ordering party to accept the work for partial completion. Thus, Taiwan's contract has exposed contractors to the risk of insufficient cash flow. From the perspective of comparative law, this article discusses the provisions of the German and Swiss related regulations, and FIDIC as a reference for resolving dilemmas.
In the context of big data, enterprise data activities do have more and more important socio-economic functions. Instead of pursuing the absolutization of form, informed consent principle of personal information protection should turn to more concrete substance to better protect the information and encourage enterprises to carry out data activities more actively and effectively at the same time. On the one hand, the data activities should obtain clear and explicit censent from the user, even if the general information of the individual is the same; but the consent of the information subject should be in accordance with the expectation. On the other hand, in order to balance the data activities, it is necessary to provide legal exemption for data activities. The legislation should stipulate that the legitimate basis of enterprise data activities should not be limited to the informed consent of the information subject; in addition, the way of obtaining the exemption of informed consent can be obtained by introducing the anonymity of personal information to encourage and promote the enterprise for the better development of data and personal information protection.
In judicial practice, there are different understandings of why adding the executed, when to add the executed, the differentiations between adding and changing the executed, and the boundaries between adding the executed and informing outsiders for assistance in execution. This article discusses the issues above in terms of ethical analysis and normative analysis, and regards that reducing the troubles and risks together with lawsuits and restraining dishonest behavior are the main reasons for adding the executed. In the cases where there are executed subject to be changed, evading execution with false behavior, or illegal possession of the property of the executed, an outsider may be added as the executed. There are important differences between changing and adding the executed, and cannot be confused. With the gradual improvement of credit system in China, the situation of adding outsiders as the executed should be minimized, and informing outsiders for assistance in execution should be a routine method when the execution involves a third party.
In order to uphold and improve the People's Congress (PC) system and promote the work of the people's congress in the current and future periods, it is important to strengthen the county-level people's congress as well as give full play to the roles of grass-roots state organs and PC deputies. The practical exploration in Pingliang and Dingxi and some other successful experience practices in some provincial and municipal people's congress have provided references for strengthening the county-level people's congress. At present, for stimulating the vitality of county-level people's congress, the urgent task is to solve the basic institutional problems of its own. As a result, it ought to improve the normalization of the county-level people's congress, to create a surrounding of rule of law, to strengthen the effectiveness of the exercise of the power of the county-level people's congresses and to form a cooperative mechanism among county-level people's congresses.
Based on materials of voter investigation and literature review, the authors describe and analyze the participation behavior and attitude of voters in the process of nominating candidates in the county-level people's congress deputy elections. The study finds that the participation of voters in the nomination period was relatively low, and the participation of voters in different regions and even in the same region was significantly different in the past two decades. In terms of the eligibility and representation of candidates, the election organizer emphasized the function of the representative to undertake descriptive representation, and the electorate had more emphasis on the function of the substantive representation of the representative. From the formal candidate's determination procedure, the election organizers are mainly inclined to adopt non-procedural modalities such as deliberation and consultation to determine the formal candidates, and voters prefer to express their demands through a pre-selected procedural mechanism. The article puts forward some operational suggestions on improving the nomination procedure of candidates.
Direct contact (face-to-face, instant contact) and indirect contact (via email or other forms of indirect contact) constitute two major types of deputy-voter contact. This case-oriented research explores the general patterns and trends of recent deputy-voter direct contact in local People's Congress. Cases presented by People's Congress journals and the National People's Congress webpage articles suggest that the direct contact in local People's Congress is featured by a loose control from the central authority (National People's Congress) and local People's Congress' active institutional experiment. In general, further developments of the contact rely on patterns and strength of institutional support; to what extent do Local People's Congress leaders (Chairman of the Standing Committee in particular) and staff members recognize the importance of such contact; deputies' willingness to practice their representativeness.
In recent months, China's A share showed a very large volatility with more than 1 000 shares falling by their 10 percent daily limit or increasing by their daily 10 percent limit usually on the same day. Is it possible to find stock market structural change point in advance based on historical information? For each component, a certain RuLSIF model is built. Taking the six dimension matrix as the sample, the non parametric density function ratio of the time series sample is estimated to be the structural change point of A stock market. Empirical results show that since the establishment of A shares, October 16 2014 has been the market structure mutation points. That is, beginning from that day, A-share market structure has undergone fundamental changes, to be very different from the market structure before. The model based on the sample data obtained from the sample forecast and the actual trend is consistent, and then the model can provide reference for the adjustment of the investment strategy in the actual investment.
This paper evaluated the efficiency of tourism industry while considering the existence of normal input, normal output and non-discretionary input. The corresponding DEA model was proposed. The technical efficiency, pure technical efficiency and scale efficiency of tourism industry of 31 provinces in China in the period of 11th five year plan were analyzed, and the efficiency difference was compared. Five findings were obtained, the development of each regional tourism industry is unbalanced and the mean efficiency is low; the inefficiency sources of each regional tourism industry are different, with some resulting from pure technical inefficiency and the others from scale inefficiency; the difference of tourism industry development in all regions is decreased slowly; while the tourism industry development in most regions are smooth, only individual regions are volatile; the differences of tourism efficiencies of three major economic regions (Eastern, Central and Western) are significant.
It is obvious that the situation of rural human settlements is deteriorating. Therefore, it is an imperative task for governments of all levels to improve the rural human settlements, and build an agreeable place for living meeting the pressing need of the vast rural residents. In this paper, the theoretical analysis framework of rural human settlements has been established from the perspective of farmers, and the rural living environment is divided into two parts:the hard environment of rural living and the soft environment of rural living. Then based on the field investigation in Beijing and Hebei province, this paper analyzes the condition of rural living environment via structural equation model. The results indicate that the farmers' evaluation of rural residential environment quality is generally poor, and that the improvement of rural settlement environment is pressing. During the process of optimizing rural settlement environment system, the hard environment of rural living optimization should focus on the environmental conditions in rural areas, while the soft environment of rural living should focus on the social services. The future work of the rural residential environment optimization should have emphases, and the quality of rural human settlements should be improved in proper order.
To meet the diverse needs of consumers, some enterprises adopt multi-variety and small batch production mode. But material procurement delay in delivery is a major problem in such enterprises. The material delay not only affects the production plan and activities, but also affects reputation and causes economic loss. This paper attempts to use data mining techniques to introduce a RELIEF k-Nearest Neighbor classification algorithm for enterprise purchase order delivery prediction.
Overbooking is widely accepted by airlines in the ticket sale practice. However, since overbooking may lead to denied boarding, there are always complaints and disputes caused by overbooking, which may harm the healthy development of our civil air transportation. Arguments on overbooking, in the field of law, are mainly on its legitimacy. Since there are no statute stipulations on airline overbooking in China, it is only effective when airline's overbooking policy is identified as terms of transportation contracts. Based on current law stipulation on standard terms of contract, a critical look should be taken at the policy and practice of overbooking by Chinese airline. It is strongly proposed that airlines make improvements both to the fairness of overbooking policy and to calling passenger's attention.
By means of fragmentation, collage, defamiliarization, and hallucination,The Shadow of the Body of the Coachman presents the collapse of logic and the dissolution of the reality caused by the decomposition of space, the dismemberment of body and the collapse of language. Radical aesthetic expression, leitmotiv of the crisis of subject and literary creation all originate from the postwar crisis of the German society. Peter Weiss's artistic exploration is the specific reflection of Peter Bürger's argument that it is the alienation reality of the modern western society that generates the radical artistic form of the modernist novels.
Marxism lower cost government thought is an important part of Marxism theory, its chinesization not only has an important theoretical significance for the development of Marxism, but also a practical significance for contemporary governmental cost control in China. The paper applies the method of document research and historical research to explore the connotation of lower cost government thought of Marxism, revealing the basic route of its sinicization of characteristics of stage and basic experience. It is found that frugality, attrition, the control of the states debts and taxes are the main lower cost government construction path in China. The construction of the Marxist lower cost government thought was practiced throughout the whole process of construction, reform and opening up and scientific development period in China. The main characteristics in practice include insisting on the synchronization of frugality and performance, achieving better troops and simpler administration, coordinating governmental functional transformation, military construction and economic establishment, through honest government to guarantee the construction of lower cost government.
To explore the influencing factors of Chinese university students' learning burnout, Meta-analysis method is employed to examine 72 relevant articles in China. The results show that the degree of Chinese university students' learning burnout is significantly different in terms of gender, hometown, discipline and grade. Furthermore, both academic self-efficacy and professional commitment have high level of negative predictive power on university students' learning burnout. The article suggests students' learning burnout and its impacts should be taken seriously in the teaching and administration practice of the universities. The article also suggests university students' academic self-efficacy and professional commitment be improved to effectively reduce the level of their learning burnout.
In order to learn the quality evaluation of full-time professional degree education, a satisfaction survey has been carried out, aiming at the full-time professional degree graduates from the year 2011 to the year 2015. The investigation includes two aspects:learning process satisfaction and learning outcome satisfaction. Totally 988 effective samples were collected. According to the survey, more than eighty percent of full-time professional degree graduates are satisfied with the quality of current professional degree education. The student satisfaction with the learning process and outcome influences the overall quality evaluation significantly and positively. There is a strong correlation between the student satisfaction with the learning process and outcome and the overall education satisfaction. Relevant advice is given on how to promote the quality of professional degree education in the end.