大陸2004年公司法相關修正草案承認 一人有限責任公司所應面對之問題

趙德樞 慶南大學校 法學硏究所 2005 慶南法學 Vol.20 No.-

一般國家在承認一人公司後, 大多?未爲一人公司訂立專屬性法規, 而係以現行旣有法規作爲規範一人公司之依據。唯由於各國現有相關法現於立法時, 法理上均係以複數股東所組成之公司作爲立法基礎, 因此, 以此類法規規範一人公司時, 常有無法發揮旣有功能之憾, 導致有心人極易利用此種法規不健全之漏洞; 及一人公司股東司完全掌控該公司之經營, 決策權, ?僅就其出?負有限責任之特性, 操縱一人公司成爲其詐害慣權、違反義務、爲脫法行爲之工具。法國公司法卽針對此情形, 於承認一人公司時, 特?爲一人公司訂立專屬性法規, 及配合該制之施行而修改民法, 以便將一人公司之經營導入正軌及保護公司債權人。大陸於2004年公司法修訂草案中承認一人公司時, 亦係步上其他國家未爲一人公司訂立專屬法規, 而?係沿用舊法作爲規範依據之後塵, 未來其他國家實施一人公司制度後曾經發生過之流弊, 日後在該修正草案通過後必將因此於大陸重演。 It was very common that a country approved the one-person company without establishing a special law to adjust for it but based on the existing form of law as a standard regulation. The problem was that in most countries, when constructing the one-person company related law, it was, in general, taken into the form of the plural number of shareholders as the legislation foundation. As a result, the regulation of a one-person company under this type of law usually could not fulfill its function and easily lead the opportunist to take advantage of the flaws due to the deficiency and the incompleteness. Also this resulted to the shareholder to fully access the control of the management and decision power; moreover, it caused only one investor's greatest opportunity to utilize the characteristic of limited, reliability as a tool to violate creditor's rights, to control the one-person company, to dodge from the duty, to evade the debt and to escape from any illegal activity. In France, owing to the concern of these issues, after approving the one person company, a special law to regulate the organization of a one-person company has thus been established. Also, in order to cooperate with the system, the civil law has been modified accordingly, so as to bring the one-person company to the right track and to offer a protection to the company creditor's benefit. When China passed the revised draft of company law in 2004 to approve the one-person company, the regulation of the one-person company was also under the traditional law without a special law to go with it. Therefore, whatever the flaws happened to those Countries in the past, certainly they will appear again in the near future of China after the revised draft is established.

Characterization of bacterial diversity associated with deep sea ferromanganese nodules from the South China Sea

De-Chao Zhang,Yan-Xia Liu,Xin-Zheng Li 한국미생물학회 2015 The journal of microbiology Vol.53 No.9

Deep sea ferromanganese (FeMn) nodules contain metallic mineral resources and have great economic potential. In this study, a combination of culture-dependent and culture-independent (16S rRNA genes clone library and pyrosequencing) methods was used to investigate the bacterial diversity in FeMn nodules from Jiaolong Seamount, the South China Sea. Eleven bacterial strains including some moderate thermophiles were isolated. The majority of strains belonged to the phylum Proteobacteria; one isolate belonged to the phylum Firmicutes. A total of 259 near full-length bacterial 16S rRNA gene sequences in a clone library and 67,079 valid reads obtained using pyrosequencing indicated that members of the Gammaproteobacteria dominated, with the most abundant bacterial genera being Pseudomonas and Alteromonas. Sequence analysis indicated the presence of many organisms whose closest relatives are known manganese oxidizers, iron reducers, hydrogen-oxidizing bacteria and methylotrophs. This is the first reported investigation of bacterial diversity associated with deep sea FeMn nodules from the South China Sea.

Microwave Ablation Treatment of Liver Cancer with a 2,450-MHz Cooled-shaft Antenna: Pilot Study on Safety and Efficacy

Jiao, De-Chao,Zhou, Qi,Han, Xin-Wei,Wang, Ya-Feng,Wu, Gang,Ren, Jian-Zhuang,Wang, Yan-Li,Ding, Peng-Xu,Ma, Ji,Fu, Ming-Ti Asian Pacific Journal of Cancer Prevention 2012 Asian Pacific journal of cancer prevention Vol.13 No.2

To evaluate efficacy of microwave ablation in a primary clinical study, sixty patients (44 men, 16 women; mean age 53 years) with 96, 1-8 cm (mean $3.20{\pm}0.17$ cm) liver cancers were treated with 2,450-MHz internally cooled-shaft antenna. Complete ablation (CA) and local tumor progression (LTP) rates as well as complications were determined. CA rates in small (< 3.0 cm), intermediate (3.1-5.0 cm) and large (5.1-8.0 cm) liver cancers were 96.4% (54/56), 92.3% (24/26) and 78.6% (11/14), respectively. During a mean follow-up period of $17.17{\pm}6.52$ months, LTP occurred in five (5.21%) treated cases. There was no significant difference in the CA and LTP rates between the HCC and liver metastasis patient subgroups (P<0.05). Microwave ablation provides a reliable, efficient, and safe technique to perform hepatic tumor ablation.

Soluble Vascular Endothelial Growth Factor Decoy Receptor FP3 Exerts Potent Antiangiogenic Effects

Yu, De-Chao,Lee, Jung-Sun,Yoo, Ji Young,Shin, Hyewon,Deng, Hongxin,Wei, Yuquan,Yun, Chae-Ok Elsevier 2012 Molecular therapy Vol.20 No.5

3D CACT-assisted Radiofrequency Ablation Following Transarterial Chemoembolization for Hepatocellular Carcinoma: Early Experience

Jiao, De-Chao,Han, Xin-Wei,Wu, Gang,Ren, Jian-Zhuang Asian Pacific Journal of Cancer Prevention 2015 Asian Pacific journal of cancer prevention Vol.16 No.17

Background: To explored the value of 3D C-arm CT (CACT) guidance system in performing radiofrequency ablation (RFA) following transarterial chemoembolizationon (TACE) for hepatocellular carcinomas. Materials and Methods: RFA of hepatocellular carcinomas (HCC) were performed on 15 patients (21 lesions) with the assistance of CACT guidance system. Technical success, procedure time, complications and patient radiation exposure were investigated. The puncture performance level was evaluated on a five-point scale (5-1: excellent-poor). Complete ablation rate was evaluated after two months follow-up using enhanced CT scans. Results: The technical success rate of RFA procedure under CACT navigation system was 100 %. Mean total procedure time was $24.24{\pm}6.53min$, resulting in a mean effective exposure dose of $15.4{\pm}5.1mSv$. The mean puncture performance level rated for CACT guided RFA procedure was $4.87{\pm}0.35$. Complete ablation (CA) was achieved in 20 (95.2%) of the treated 21 tumors after the first RFA session. None of patients developed intra-procedural complications. Conclusions: 3D CACT guidance system enables reliable and efficient needle positioning by providing real-time intraoperative guidance for performing RFA on HCCs.

民國河南百泉廟會市場初探

丁德超(Ding De-chao) 경북대학교 아시아연구소 2010 아시아연구 Vol.- No.11

河南百泉廟會市場은 明代초기에 興起하였고, 淸代초기에 이르러 百泉廟會市場은 藥材가 주요 교역 상품이 되었다. 民國시기에 百泉廟會는 주로 天爺會와 藥材大會의 두 형식이 있었는데, 미국학자 施堅雅(G. William Skinner)의 市場理論에 따르면 百泉廟會市場은 基層市場과 中間市場의 두 가지 기능을 가졌다. 그 중 天爺會市場은 基層市場의 기능을 가졌고, 藥材大會는 藥材集散의 中間市場職能을 가졌다. 百泉廟會의 전형적인 시장 특징은 廟會의 會期安排、組織結構、市場규모、交易品種、交易方式등 5가지 측면에서 차이가 비교적 컸다. 첫째, 天爺會의 會期는 짧아 단지 하루였다. 그러나 藥材大會의 會期는 1개월로 길었다. 둘째, 天爺會는 기본적으로 組織機構가 없었으나, 藥材大會는 엄밀한 規則制度를 갖고 있었다. 셋째, 天爺會의 시장규모는 매우 작았지만, 藥材大會의 시장규모는 貨物에 따라 구역을 나누면서 질서정연하게 분포되었다. 넷째, 天爺會의 교역품종은 비교적 간단하였지만 藥材大會의 교역품종은 매우 다양하였고 특징도 뚜렷하였다. 다섯째,天爺會의 교역방식은 單一하였지만 藥材大會의 교역방식은 다양하였다. 民國시기 百泉廟會와 관련된 文獻資料에 관한 연구를 통하여 百泉廟會市場의 발전은 주변 鄕村사회의 상품경제를 발전시키고 향촌 농민의 상품시장 의식을 고양시켰으며, 省域을 넘나드는 무역 거래를 가능케 했으며 농촌시장이 발전할 수 있는 여지를 확대시켰음을 알 수 있었다. 결론적으로 百泉廟會市場은 河南지역 시장체계에 있어서 없어서는 안 되는 매우 중요한 부분으로 河南지역 市場網에서 무시할 수 없는 역할을 하였다. 이것은 民國시기 河南廟會市場의 몇 몇 특징을 반영하고 있는 것이었다. Although the temple fairs rose in the early Ming Dynasty, it didn’t take medicine trade as its main trading commodity until the early Qing Dynasty. During the Republic of China, Baiquan temple fairs including the fairs of “Tian Ye” and the fairs of Traditional Chinese Medicine; according to market theory by American scholar named Skinner, the dual function of the Baiquan temple fairs were both primary market and the fairs of mid-market distribution. General speaking, the fairs of “Tian Ye” has the primary function of the market, while he fairs of Traditional Chinese Medicine has more middle market distribution functions. Typical features of the Baiquan temple fairs were reflected by the arrangements of the temple in the session, organizational structure, market distribution, trading products, trading Methods five quite different form of expression: First, the fairs of “Tian Ye” has a short duration, only one day; but the fairs of Traditional Chinese Medicine has a month's session. Second, the fairs of “Tian Ye” had none of organization, but the fairs of Traditional Chinese Medicine has a rigorous regulatory process. Third, market layout had smaller in the fairs of “Tian Ye”, but medicine distribution by the fairs of Traditional Chinese, cargo area, well-organized. Fourth, the fairs of “Tian Ye” had relatively simple species, but medicinal species complexity and diversity of transactions the fairs of Traditional Chinese, it had a feature significantly. Fifth, the fairs of “Tian Ye” had relatively simple manner, while the herbs are various ways the fairs of Traditional Chinese. By study findings of the Baiquan temple fairs in the Republic of China, The bloom of the Baiquan temple fairs promoted the development of commodity economy in the surrounding rural community, improved the awareness of rural farmers in the commodity markets, enhanced trade between provinces, expanded the rural market space. In short, thanks to its indispensable link of market system in Henan province, the role of the Baiquan temple fairs could not be ignored, it could reflect some of the features through one side of the temple fairs in Henan province in the Republic of China.

Biodegradation of Di-n-Butyl Phthalate by Rhodococcus sp. JDC-11 and Molecular Detection of 3,4-Phthalate Dioxygenase Gene

( De Cai Jin ),( Ren Xing Liang ),( Qin Yun Dai ),( Rui Yong Zhang ),( Xue Liu Wu ),( Wei Liang Chao ) 한국미생물 · 생명공학회 2010 Journal of microbiology and biotechnology Vol.20 No.10

Rhodococcus sp. JDC-11, capable of utilizing di-n-butyl phthalate (DBP) as the sole source of carbon and energy, was isolated from sewage sludge and confirmed mainly based on 16S rRNA gene sequence analysis. The optimum pH, temperature, and agitation rate for DBP degradation by Rhodococcus sp. JDC-11 were 8.0, 30oC, and 175 rpm, respectively. In addition, low concentrations of glucose were found to inhibit the degradation of DBP, whereas high concentrations of glucose increased its degradation. Meanwhile, a substrate utilization test showed that JDC- 11 was also able to utilize other phthalates. The major metabolites of DBP degradation were identified as monobutyl phthalate and phthalic acid by gas chromatographymass spectrometry, allowing speculation on the tentative metabolic pathway of DBP degradation by Rhodococcus sp. JDC-11. Using a set of new degenerate primers, a partial sequence of the 3,4-phthalate dioxygenase gene was obtained from JDC-11. Moreover, a sequence analysis revealed that the phthalate dioxygenase gene of JDC-11 was highly homologous to the large subunit of the phthalate dioxygenase from Rhodococcus coprophilus strain G9.

A methodology for design of metallic dampers in retrofit of earthquake-damaged frame

Chao Zhang,Yun Zhou,De H. Lu,Cong X. Wu,Da G. Weng 국제구조공학회 2015 Structural Engineering and Mechanics, An Int'l Jou Vol.56 No.4

A comprehensive methodology is proposed for design of metallic dampers in seismic retrofit of earthquake-damaged frame structures. It is assumed that the metallic dampers remain elastic and only provide stiffness during frequent earthquake (i.e., earthquake with a 63% probability of exceedance in 50- year service period), while in precautionary earthquake (i.e., earthquake with a 10% probability of exceedance in 50-year service period), the metallic dampers yield before the main frame and dissipate most of the seismic energy to either prevent or minimize structural damages. Therefore by converting multi-story frame to an equivalent single-degree-of-freedom system, the added stiffness provided by metallic dampers is designed to control elastic story drifts within code-based demand under frequent earthquake, and the added damping with the combination of added stiffness influences is obtained to control structural stress within performance-based target under precautionary earthquake. With the equivalent added damping ratio, the expected damping forces provided by metallic dampers can be calculated to carry out the configuration and design of metallic dampers along with supporting braces. Based on a detailed example for retrofit of an earthquake-damaged reinforced concrete frame by using metallic dampers, the proposed design procedure is demonstrated to be simple and practical, which can not only meet current China’s design codes but also be used in retrofit design of earthquake-damaged frame with metallic damper for reaching desirable performance objective.

The Epitope Recognized by Monoclonal Antibody 2B6 in the B/C Domains of Classical Swine Fever Virus Glycoprotein E2 Affects Viral Binding to Hyperimmune Sera and Replication

( Chao Tong ),( Ning Chen ),( Xun Liao ),( Wen Qi Xie ),( De Jiang Li ),( Xiao Liang Li ),( Wei Huan Fang ) 한국미생물 · 생명공학회 2015 Journal of microbiology and biotechnology Vol.25 No.4

Classical swine fever (CSF) is a highly contagious disease of pigs caused by CSF virus (CSFV). E2 is the major viral envelope protein of immune dominance that induces neutralizing antibodies and confers protection against CSFV infection. The B/C domains of E2 are variable among CSFV isolates, which could affect immunogenicity and binding to antibodies. We attempted to characterize the epitope recognized by a monoclonal antibody 2B6 (mAb-2B6) raised against the E2 B/C domains of the vaccine C-strain and to examine if mutations in the epitope region would affect antibody binding and viral neutralization. The epitope specific for mAb-2B6 recognition is linear, spanning five residues 774DGXNP778 in the B/C domains. The residue N777 is indispensable for the specificity. The epitope exists only in group 1 strains, but not in those of group 2. The recombinant viruses containing individual mutations on the epitope region lost the reactivity to mAb-2B6. The mutant virus RecC-N777S had low replication potential, about 10-fold decrease in the yield of progeny virus particles, whereas the mutant virus RecC-P778A reverted to proline upon continuous passaging. The mutations on the mAb-2B6 epitope region did not affect neutralization by anti-C-strain polyclonal sera from pigs. Deletion from aa774 covering the mAb-2B6 epitope, but not that from aa781, also affected binding with the polyclonal antibodies from vaccinated pigs, although the major binding region for the vaccinated antibodies is aa690-773.

SYSTEM ANALYSIS OF DISASTER PREVENTION DESIGN CRITERIA FOR COASTAL AND ESTUARY CITIES

De Fu Liu,Sheng Dong,Shu Qing Wang,Chao Wang 한국해안해양공학회 1999 학술강연회 발표논문초록집 Vol.2 No.1

In China, estuary and coastal cities are mostly regional economic development center. The disasters by combined effect of upper reaches flood, storm surge and Typhoon waves are the primary obstacle to economic development of cities. So how to make economic and risk system analysis for flood-storm surge-wave disaster, economic loss and flood-storm surge control measures plays a very important role in the sustainable development of coastal cities. There are three types of coastal cities for consideration. First type city like Tianjin, the most significant damage is from upper reaches flood of a river. The effect of storm surge is negligible, because in the estuaries of river Haihe catchment basin are built tidal barrages. This paper presents a Grey Markov Model (GMM) to forecast flood peak level. GMM combines Grey system and Markov theory to present a high-precision model. Results of forecasted flood peak levels are closed to the measured data. Establish a synthetical model for economic assessment, risk analysis and flood-control benefit. As new contribution, a stochastic simulation technique is used to compute risk probability. In the same time, take into account the effect of correlation between variables on risk probability. Second type city like Shanghai, where sometimes the combined effect of flood peak of river, storm surge from sea is most severe disaster for city damage. 1000 yrs. return period water level of Huangpu river is used as traditional design criteria. Simulated combined water level of flood peak, storm surge and maximum astronomical tide level from sea side with 400 yrs. return period is close to 1000 yrs. design water level by traditional method. For third type city, like Qingdao, where combined effect of maximum astronomical tide, storm surge and waves brought most significant damage to Qingdao. Using stochastic simulation technique, different combinations of storm surge, waves with 1%,2% joint probability level are simulated for disaster prevention.