《中國 (上海)自由貿易試驗區仲裁規則》之解讀

( Xue Feng Fu ) 제주대학교 법과정책연구소 2014 국제법무 Vol.6 No.2

The institutional innovation in Shanghai`s pilot free trade zone is about facilitating the improvement in the processes of investment and trading, increasing the efficiency of supervision and standardizing the regulatory environment. Among which, the construction of a commercial arbitration system is of great importance to the establishment of the legal environment. Based on China`s arbitration law and other relevant regulations, the Shanghai International Economic and Trade Arbitration Commission makes “Arbitration Rules of China (Shanghai) Pilot Free Trade Zone", in order to justly, professionally and efficiently address the disputes from contracts and other property rights in free trade zone. These Rules came into effect in May 1st 2014. Rule 85 Section 10 was developed after drawing lessons from various international arbitration rules. For example, it improved on temporary measures and sets up the Emergency Tribunal System, lifts the restrictions on the selection of the arbitrator: specifies and lifts limitations on arbitrational procedure and allows other interests related parties to participate halfway in; complements arbitration procedures with conciliated procedures in the pre-arbitration procedure period; strengthen the proof system in the process of arbitration; introducing an amicable arbitration system and adds a small claims procedure to reduce related charges. The “Arbitration Rules of China (Shanghai) Pilot Free Trade Zone" plays an important role in building the dispute settlement system in the free trade zone; hence securing an institutionalized legal environment for the increasingly law-ruling and internationalized commercial trading zone in Shanghai. These Rules are the first arbitration rules used in free trading zone and they would have a significant influence in the further development of China`s arbitration system. It is expected that after a certain time of implantation of these rule, they will provide usable and propagable experience to nation-wide areas.

《중국 (상해) 자유무역시범구 중재규칙》에 대한 분석

부설봉 ( Xue Feng Fu ) 제주대학교 법과정책연구소 2014 국제법무 Vol.6 No.2

상해 자유무역구 제도의 혁신은 투자무역의 편의 촉진, 감독관리의 효율성 강화 및 법제환경의 완비 등에 집중되어 있다. 그 중 상사중재제도는 자유무 역구 법제환경건설의 중요한 구성부분이다. “자유무역구 중재규칙”은 상해 국 제경제무역 중재위원회가 상해자유무역구 내의 계약 및 기타 재산권익과 관 련된 분쟁을 공정하고 전문적으로 나아가 효율적으로 해결하기 위해 중국의 중재법과 관련 법률의 규정에 근거하여 제정한 것으로, 2014년 5월 1일부터 정식으로 실시되었다. “자유무역구 중재규칙”은 모두 l07R의 장 총 58개의 조 항으로 구성되어 있으며, 국제상사중재의 우수한 제도를 도입하고 또한 이를 개선했다. 예를 들면 임시조치를 개선했고, 긴급중재정제도를 증설했고, 당사 자가 중재원 명부에서 중재원을 선택해야만 했던 과거와는 달리 중재원 개방 형명부제를 새로이 도입했다. 또한 안건합병, 기타 협의자의 중재절차의 참여 와 안건 외의 자의 중재절차의 참여 등의 제도를 더욱 구체화하였다. 나아가 중재정 구성 이전의 조정원 조정절차를 더욱 개선해서 중재와 조정이 상호 결합된 제도를 만들었다. 또한 중재 중의 증거제도 등을 더욱 강화하였다. 우 호적 중재제도를 도입했고, 소액쟁의절차를 증설하여, 중재비용을 줄였다. 상해국제경제무역중재위원회는 “자유무역구 중재규칙”의 제정과정 중, 중국 국내 당사자의 의사자치를 충분히 존중했으며, 중재정에 더욱 많은 절차관리 권과 결정권을 부여함과 동시에 당사자들이 충분한 절차선택권과 자주권을 가질 수 있도록 했다. 이러한 조치는 국제적으로 통용되는 규칙에 부합하는데, 따라서 개방의 정도와 효율성이 매우 높은 국제화된 중재규칙 중 하나라고 할 수 있다. “자유무역구 중재규칙”은 자유무역구의 쟁의해결제도의 혁신 및 법률보장의 중요한 제도적인 성과로서, 자유무역구와 상해의 법치화 및 국제 화 환경조성을 위한 중요한 조치라고 평가된다. “자유무역구 중재규칙”은 또 한 중국의 첫 번째 자유무역구 중재규칙으로 중국중재제도의 발전과 관련하 여 선행실시로서의 의미를 가지는데, 우리는 중재 규칙 중 혁신적인 조치들이 일정기간의 실시과정을 거친 후, 전국적으로 확대되어 실시되기를 기대한다. The institutional innovation in Shanghai`s pilot free trade zone is about facilitating the improvement in the processes of investment and trading, increasing the efficiency of superVlSlOn and standardizing the regulatory environment. Among which, the construction of a commercial arbitration system is of great importance to the establishment of the legal environment. Based on China`s arbitration law and other relevant regulations, the Shanghai International Economic and Trade Arbitration Commission makes “Arbitration Rules of China (Shanghai) Pilot Free Trade Zone", in order to justly, professionally and efficiently address the disputes from contracts and other property rights in free trade zone. These Rules came into effect in May 1st 2014. Rule 85 Section 10 was developed after drawing lessons from various international arbitration rules. For example, it improved on temporary measures and sets up the Emergency Tribunal System, lifts the restrictions on the selection of the arbitrator; specifies and lifts limitations on arbitrational procedure and allows other interests related parties to participate halfway in; complements arbitration procedures with conciliated procedures in the pre-arbitration procedure period; strengthen the proof system in the process of arbitration; introducing an amicable arbitration system and adds a small claims procedure to reduce related charges. The “Arbitration Rules of China (Shanghai) Pilot Free Trade Zone" plays an important role in building the dispute settlement system in the free trade zone; hence securing an institutionalized legal environment for the increasingly law-ruling and internationalized commercial trading zone in Shanghai. These Rules are the first arbitration rules used in free trading zone and they would have a significant influence in the further development of China`s arbitration system. It is expected that after a certain time of implantation of these rule, they will provide usable and propagable experience to nation-wide areas.

Study on the Kinetics and Mechanism of Grain Growth during the Thermal Decomposition of Magnesite

Fu, Da-Xue,Feng, Nai-Xiang,Wang, Yao-Wu Korean Chemical Society 2012 Bulletin of the Korean Chemical Society Vol.33 No.8

The X-ray line broadening technique was used to calculate the grain size of MgO at 1023, 1123, 1223 K respectively either in $CO_2$ or during the thermal decomposition of magnesites in air as well as in vacuum. By referring to the conventional grain growth equation, $D^n=kt$, the activation energy and pre-exponential factor for the process in air are gained as 125.8 kJ/mol and $1.56{\times}10^8\;nm^4/s$, respectively. Ranman spectroscopy was employed to study the surface structure of MgO obtained during calcination of magnesite, by which the mechanism of grain growth was analyzed and discussed. It is suggested that a kind of highly reactive MgO is produced during the thermal decomposition of magnesites, which is exactly the reason why the activation energy of the grain growth during the thermal decomposition of magnesite is lower than that of bulk diffusion or surface diffusion.

1.54 μm photoluminescence emission at room-temperature of erbium-implanted lithium niobate crystal

Gang Fu,Shi Ling Li,Xue Lin Wang,Feng Chen,Ke Ming Wang 한국물리학회 2008 THE JOURNAL OF THE KOREAN PHYSICAL SOCIETY Vol.52 No.-

Erbium doped materials are of great interest in integrated optoelectronic technology, due to their Er³+ intra-4f emission at 1.54 μm, a standard telecommunication wavelength. Lithium niobate crystals (LN) are of great importance for fabrication of integrated optical devices, due to their excellent properties such as high electro-optical coefficient, low propagation loss, and high Curie temperature. Lithium niobate crystal has been implanted with 500 keV Er ions at a fluence of 3.0×10 15 ions/㎝² with the aim of optically doping the material in the near surface region. In order to recrystallize the amorphized implanted region the sample was annealed at 500℃ for 90 min in oxygen atmosphere. Photoluminescence (PL) and Rutherford backscattering spectrometry studies were performed on the as-implanted sample before and after annealing. 1.54 μm room-temperature photoluminescence emission was observed in the annealed sample. The relationship between annealing temperature and photoluminescence intensity is discussed.

Study on the Kinetics and Mechanism of Grain Growth during the Thermal Decomposition of Magnesite

Da-xue Fu,Nai-xiang Feng,Yao-wu Wang 대한화학회 2012 Bulletin of the Korean Chemical Society Vol.33 No.8

The X-ray line broadening technique was used to calculate the grain size of MgO at 1023, 1123, 1223 K respectively either in CO2 or during the thermal decomposition of magnesites in air as well as in vacuum. By referring to the conventional grain growth equation, Dn = kt, the activation energy and pre-exponential factor for the process in air are gained as 125.8 kJ/mol and 1.56 × 108 nm4/s, respectively. Ranman spectroscopy was employed to study the surface structure of MgO obtained during calcination of magnesite, by which the mechanism of grain growth was analyzed and discussed. It is suggested that a kind of highly reactive MgO is produced during the thermal decomposition of magnesites, which is exactly the reason why the activation energy of the grain growth during the thermal decomposition of magnesite is lower than that of bulk diffusion or surface diffusion.

Active Earth Pressure against Cantilever Retaining Walls with a Long Relief Shelf in Rotation about the Top

Yun Que,Xue-feng Gui,Fu-Quan Chen 대한토목학회 2023 KSCE Journal of Civil Engineering Vol.27 No.6

A cantilever retaining wall with a long relief shelf (CRW-LRS) is a particular type of retaining wall, but no studies have yet reported on rotation about the top of this type of retaining wall. This work studied failure mechanisms in semi-infinite non-cohesive soils in rotation about the top using the finite element elastoplastic analysis method (FEEA). By considering the influence of both the relief shelf and rotational stress from the soil, a formula for calculating the active earth pressure (Ea) was developed using the horizontal differential layer limit analysis method. Four different parameters were studied, i.e., unloading plate’s geometric conditions, heel length and the internal friction angle of the backfill, in terms of their influence on the Eadistribution, resultant force etc. The lowest Ea was found when the relief shelf’ relative position m = 0.4.

Characterization of Marinilongibacter aquaticus gen. nov., sp. nov., a unique marine bacterium harboring four CRISPR-Cas systems in the phylum Bacteroidota

Zhang Dao-Feng,Yao Yu-Fang,Xue Hua-Peng,Fu Zi-Yue,Zhang Xiao-Mei,Shao Zongze 한국미생물학회 2022 The journal of microbiology Vol.60 No.9

A novel bacterium, designated YYF0007T, was isolated from an agar-degrading co-culture. The strain was found harboring four CRISPR-Cas systems of two classes in the chromosome and subsequently subjected to a study on polyphasic taxonomy. Pairwise analyses of the 16S rRNA gene sequences indicated that strain YYF0007T had highest 16S rRNA gene sequence similarity (92.2%) to Jiulongibacter sediminis JN- 14-9T. The phylogenomic trees based on the 16S rRNA gene and 269 single-copy orthologous gene clusters (OCs) indicated that strain YYF0007T should be recognized as a novel genus of the family Spirosomaceae. The cells were Gramstain- negative, nonmotile, strictly aerobic, and straight long rods with no flagellum. Optimum growth occurred at 28°C and pH 7.0 with the presence of NaCl concentration 1.0–3.0% (w/v). The strain showed oxidase and catalase activities. The major fatty acids were C16:1ω5c, iso-C15:0 and summed feature 3 (C16:1 ω7c and/or C16:1 ω6c). The predominant isoprenoid quinone was MK-7. The complete genome size was 4.64 Mb with a DNA G + C content of 44.4%. Further typing of CRISPR-Cas systems in the family Spirosomaceae and the phylum Bacteroidota indicated that it was remarkable for strain YYF0007T featured by such a set of CRISPR-Cas systems. This trait highlights the applications of strain YYF- 0007T in studies on the evolutionary dynamics and bacterial autoimmunity of CRISPR-Cas system as a potential model. The name Marinilongibacter aquaticus gen. nov., sp. nov. is proposed, and the type strain is YYF0007T (= MCCC 1K06017T = GDMCC 1.2428T = JCM 34683T).

Preparation of Surface Imprinted Polymer D301-g-IIPDMC and its Recognition Selectivity Performance towards AuCl4−

Min Li,Xiao-Yan Xue,Yong Wang,Fu-Qiang An,Tuo-Ping Hu,Jian-Feng Gao 대한화학회 2018 Bulletin of the Korean Chemical Society Vol.39 No.1

In this article, a new surface imprinted polymer D301-g-IIPDMC is successfully prepared using AuCl4− as a template. The adsorption and recognition performances of D301-g-IIPDMC for AuCl4− are studied by using a static method and competitive adsorption experiment. The experimental results show that D301-g-IIPDMC possesses very strong adsorption affinity and excellent recognition for AuCl4−. The adsorption capacity of D301-g-IIPDMC for AuCl4− is 831.08 mg/g, and the selectivity coefficient relative to CuCl42− is 128. The adsorption behavior is an endothermic spontaneous process, and fit well with pseudo-second order kinetic model and Freundlich adsorption isotherm model. Besides, D301-g-IIPDMC is desorbed easily and exhibits excellent reusability.

High selectivity and removal efficiency of lotus root-based activated carbon towards Fe(III) in La(III) solution

Rui-Yan Wu,Yong Wang,Xiao-Yan Xue,Fu-Qiang An,Tuo-Ping Hu,Jian-Feng Gao 한국화학공학회 2018 Korean Journal of Chemical Engineering Vol.35 No.3

Rare earth elements are an important strategic resource. However, a trace of Fe(III) impurity has serious adverse impact on the performance of rare earth materials. We synthesized a novel nitrogen-containing carbon material, ACLR-400, using lotus root as raw materials. The ACLR-400 was characterized by surface area analyzer, elemental analysis and FT-IR. The selectivity and removal efficiency of ACLR-400 towards Fe(III) were also investigated. The BET specific surface area of ACLR-400 was 68.44m2·g−1, and the average pore diameter was 12.54 nm. With abundant nitrogen- containing functional groups and well-developed internal pore structure, ACLR-400 possesses strong adsorption affinity, excellent selectivity and removal efficiency for Fe(III). The adsorption capacity of ACLR-400 towards Fe(III) could reach to 0.46mmol·g−1, selectivity coefficient with respect to La(III) was 8.9, and removal efficiency was 99.61%. The adsorption isotherm data greatly obey the Freundlich isotherm. In addition, ACLR-400 can be regenerated easily and possesses better regeneration ability and reusability.

From 3D to 4D printing: approaches and typical applications

Ye Zhou,Wei Min Huang,Shu Feng Kang,Xue Lian Wu,Hai Bao Lu,Jun Fu,Haipo Cui 대한기계학회 2015 JOURNAL OF MECHANICAL SCIENCE AND TECHNOLOGY Vol.29 No.10

With the additional dimension, 4D printing is emerging as a novel technique to enable configuration switching in 3D printed items. Inthis paper, four major approaches, namely self-assembly of elements, deformation mismatch, bi-stability, and the Shape memory effect(SME), are identified as the generic approaches to achieve 4D printing. The main features of these approaches are briefly discussed. Utilizingthese approaches either individually or in a combined manner, the potential of 4D printing to reshape product design is demonstratedby a few example applications.