从“拾得遗失物”立法看传统对现实的批判 : Critique Survey of Reality from the Traditional Lost Property Legislation

趙晓耕 梨花女子大學校 法學硏究所 2016 法學論集 Vol.20 No.4

본 논문은 당대에서 명, 청과 중화민국 시기의 법률 중 유실물 습득에 관한 관련 규정을 분석하고 법 규정 배후의 도덕의 내용과 규정 사이 논리의 규명에 집중한 것이다. 당대 법전에서는 유실물습득은 관청에 교부해야 하고 물건 주인의 소유권을 보호하는 엄격한 절차를 규정하였고 명대에 이르러 공시기간 만료 후에 확인 받을 사람이 없는 물건은 습득자가 소유권을 취득하고 습득자는 보수를 주장할 수 있는 것으로 수정하여 후대 입법에 중대한 영향을 끼쳤고 중화민국 관련 입법까지도 이와 유사하다. 다만 현행 중국 ｢물권법｣은 유실물을 국가에 넘겨 국가가 소유권을 취득하는 입법방식을 취하고 있어 원래의 법전통과 상당히 큰 차이가 있다. 중국의 고대법률과 현행 ｢물권법｣ 중 관련 규정의 대조를 통하여 필자는 중국은 고대입법의 경험을 흡수하여 소유권자에 대한 보호를 강화하여 법조문 사이의 논리적 충돌을 해소하고 가능한 한 도덕과 법률의 평형을 추구해야만 할 것이라는 점을 지적하였다. 本文梳理了唐代至明清以及民国时期法律中关于拾得遗失物的相关规定,并〔意揭示法律规范背后的道德内涵和规定之间的逻辑。唐代法典中规定拾得遗失物应上交,并规定有保护物主所有权的严格程序,至明代改为公示期满后无人认领由拾得人取得所有权,且拾得人可主张报酬,对后世立法产生了深刻影响,直至民国相关立法依然与此类似。但当代我国《物权法》采遗失物交公且国家取得所有权的立法方式,与原有法律传统存在较大区别。通过将中国古代法律与当代《物权法》中相关规定的对比,笔者指出我国应吸收古代立法的科学经验,加强对于所有权人的保护,消弭法律条文之间的逻辑冲突,并尽量追求道德与法律的平衡。 Aiming at revealing the logic between the legal regulations and their moral connotation, this article has reviewed the relevant provisions on the lost-and-found objects in the law from the Tang Dynasty to the Qing Dynasty, as well as the provisions of the Republic of China. Back to the Tang Dynasty, the lost-and-found objects should be turned over to the authorities in accordance with a strict procedure designed for protecting the ownership of the objects. While in the Ming Dynasty, the relevant provisions has changed, it states that the ownership of the lost-and-found objects could be claimed by the finders after the period of public notice, who can also claim recompense accordingly. The legislation of the lost property system in the Ming Dynasty has such a profound influence on the later age that the similar provisions have lasted till the Republic of China. However, the contemporary Property Law of PRC has adopted the legislative approaches that the ownership of the lost property being taken by the authorities, which have a wide difference from the original legal traditions. By comparing the ancient and contemporary Property Law of China, the author points out that the authorities should draw on the scientific experience of ancient legislation approaches for the sake of the protection for the ownership, moreover, it may help to eliminate the internal logical contradictions between the provisions and pursue the balance of morality and law.

Stability Analysis of Grid-Connected Inverters with an LCL Filter Considering Grid Impedance

Xiao-Qiang Li,Xiao-Jie Wu,Yi-Wen Geng,Qi Zhang 전력전자학회 2013 JOURNAL OF POWER ELECTRONICS Vol.13 No.5

Under high grid impedance conditions, it is difficult to guarantee the stability of grid-connected inverters with an LCL filter designed based on ideal grid conditions. In this paper, the theoretical basis for output impedance calculation is introduced. Based on the small-signal model, the d-d channel closed-loop output impedance models adopting the converter-side current control method and the grid-side current control method are derived, respectively. Specifically, this paper shows how to simplify the stability analysis which is usually complemented based on the generalized Nyquist stability criterion (GNC). The stability of each current-controlled grid-connected system is analyzed via the proposed simplified method. Moreover, the influence of the LCL parameters on the stability margin of grid-connected inverter controlled with converter-side current is studied. It is shown that the stability of grid-connected systems is fully determined by the d-d channel output admittance of the grid-connected inverter and the inductive component of the grid impedance. Experimental results validate the proposed theoretical stability analysis.

유실물습득의 입법으로 본 현실에 대한 전통의 비판

조효경 ( Xiao-geng Zhao ),김성수 이화여자대학교 법학연구소 2016 法學論集 Vol.20 No.4

본 논문은 당대에서 명, 청과 중화민국 시기의 법률 중 유실물 습득에 관한 관련 규정을 분석하고 법 규정 배후의 도덕의 내용과 규정 사이 논리의 규명에 집중한 것이다. 당대 법전에서는 유실물습득은 관청에 교부해야 하고 물건 주인의 소유권을 보호하는 엄격한 절차를 규정하였고 명대에 이르러 공시기간 만료 후에 확인 받을 사람이 없는 물건은 습득자가 소유권을 취득하고 습득자는 보수를 주장할 수 있는 것으로 수정하여 후대 입법에 중대한 영향을 끼쳤고 중화민국 관련 입법까지도 이와 유사하다. 다만 현행 중국 「물권법」은 유실물을 국가에 넘겨 국가가 소유권을 취득하는 입법방식을 취하고 있어 원래의 법전통과 상당히 큰 차이가 있다. 중국의 고대법률과 현행 「물권법」 중 관련 규정의 대조를 통하여 필자는 중국은 고대입법의 경험을 흡수하여 소유권자에 대한 보호를 강화하여 법조문 사이의 논리적 충돌을 해소하고 가능한 한 도덕과 법률의 평형을 추구해야만 할 것이라는 점을 지적하였다. Aiming at revealing the logic between the legal regulations and their moral connotation, this article has reviewed the relevant provisions on the lost-and-found objects in the law from the Tang Dynasty to the Qing Dynasty, as well as the provisions of the Republic of China. Back to the Tang Dynasty, the lost-and-found objects should be turned over to the authorities in accordance with a strict procedure designed for protecting the ownership of the objects. While in the Ming Dynasty, the relevant provisions has changed, it states that the ownership of the lost-and-found objects could be claimed by the finders after the period of public notice, who can also claim recompense accordingly. The legislation of the lost property system in the Ming Dynasty has such a profound influence on the later age that the similar provisions have lasted till the Republic of China. However, the contemporary Property Law of PRC has adopted the legislative approaches that the ownership of the lost property being taken by the authorities, which have a wide difference from the original legal traditions. By comparing the ancient and contemporary Property Law of China, the author points out that the authorities should draw on the scientific experience of ancient legislation approaches for the sake of the protection for the ownership, moreover, it may help to eliminate the internal logical contradictions between the provisions and pursue the balance of morality and law.

Stability Analysis of Grid-Connected Inverters with an LCL Filter Considering Grid Impedance

Li, Xiao-Qiang,Wu, Xiao-Jie,Geng, Yi-Wen,Zhang, Qi The Korean Institute of Power Electronics 2013 JOURNAL OF POWER ELECTRONICS Vol.13 No.5

Under high grid impedance conditions, it is difficult to guarantee the stability of grid-connected inverters with an LCL filter designed based on ideal grid conditions. In this paper, the theoretical basis for output impedance calculation is introduced. Based on the small-signal model, the d-d channel closed-loop output impedance models adopting the converter-side current control method and the grid-side current control method are derived, respectively. Specifically, this paper shows how to simplify the stability analysis which is usually complemented based on the generalized Nyquist stability criterion (GNC). The stability of each current-controlled grid-connected system is analyzed via the proposed simplified method. Moreover, the influence of the LCL parameters on the stability margin of grid-connected inverter controlled with converter-side current is studied. It is shown that the stability of grid-connected systems is fully determined by the d-d channel output admittance of the grid-connected inverter and the inductive component of the grid impedance. Experimental results validate the proposed theoretical stability analysis.

傳統的 民法觀念과 現代 民法의 體系

趙曉耕(Zhao, Xiao-geng),辛知延(번역자) 한국법사학회 2012 法史學硏究 Vol.46 No.-

중국 古代 民法의 존재유무에 관한 논쟁은 1900년대 초반부터 시작되어 1980, 90년대에 이르러서는 어느 정도 잦아들었다. 이와 관련된 연구는 이미 古代 중국이 왜 서구식의 민법적 사고나 민법학 방법론을 발전시키지 않았는가에 대한 대답에까지 확장되었다. 이를 기초로 전통 중국에서 민사적 성격의 법률의 존재형식이 가지는 시대적 가치와 의의, 古代 중국에서 사회·경제의 基礎로부터 제약을 받았기 때문에 징벌적인 사고로 국가입법을 진행한 것 그리고 형사가 민사와 합쳐진(刑事兼劾民事) 통치유형, 그리고 道德治國을 최종 가치로 추구하는 전통적 사고로 인해 중국의 고대 전통사회가 현대 서구식의 민법관념 및 민사체계를 받아들이기 어려웠던 문제에 대해서 생각해 볼 수 있다. 그 외에도 이러한 차이는 중국의 전통적 “義利觀”과 중국 古人의 법의 謙抑性에 대한 인식과 밀접한 관계가 있다. 비록 專制政治, 小農經濟, 윤리관념과 自足의 사회구조 등으로부터는 고대 중국이 왜 서구식(“현대적”이라고 이해·표현되기도 함) 민법을 형성하지 못했는지에 대한 분명한 해석을 얻을 수는 없지만, 아마도 중국 전통민법을 이렇게 한 종류의 존재형식으로 구현시킨 고대 중국의 법치의 지혜는 더욱 주목하고 연구해야할 가치가 있을 것이다. The debate about whether the civil law existed in ancient China or not began in early twentieth century and ended in the nineties of twentieth century. The research about this problem had extended to the question of why ancient China couldn’t develop western civil law thinking or civil law methodology. On that basis, we may think about following questions : What is today’s value and significance of the existence form of ancient Chinese civil law. In ancient China, due to the basic community economical restriction, completely using punitive thinking for national legislation and the governance patterns of “civil case be concurrently in charge of criminal court”, adding to the conditional thinking of ruling the country by virtue, it was hard for modern western concept of civil law and civil law system to blend in Chinese ancient traditional society. Besides, this difference is closely related with Chinese traditional ideas of “moral” and “profit” and the modesty of criminal law. Although we have not answer the question that why Chinese civil law is quite different from western(mostly expressed as “modern”) civil law on perspectives of autocracy, small-scale peasant economy, morals, and the self-sufficient social structure yet, the unique style of Chinese traditional civil law and the wisdom in it deserve more attention and studies.

An Unprecedented 3D Self-catenated Four-coordinated Dense Net of Silver-Organic Framework

Xiao, Shu-Lin,Cui, Guang-Hua,Blatov, Vladislav A.,Geng, Jian-Chen,Li, Guang-Yue Korean Chemical Society 2013 Bulletin of the Korean Chemical Society Vol.34 No.6

Discriminating Eggs from Two Local Breeds Based on Fatty Acid Profile and Flavor Characteristics Combined with Classification Algorithms

Xiao-Guang Dong,Li-Bing Gao,Hai-Jun Zhang,Jing Wang,Kai Qiu,Guang-Hai Qi,Shu-Geng Wu 한국축산식품학회 2021 한국축산식품학회지 Vol.41 No.6

This study discriminated fatty acid profile and flavor characteristics of Beijing You Chicken (BYC) as a precious local breed and Dwarf Beijing You Chicken (DBYC) eggs. Fatty acid profile and flavor characteristics were analyzed to identify differences between BYC and DBYC eggs. Four classification algorithms were used to build classification models. Arachidic acid, oleic acid (OA), eicosatrienoic acid, docosapentaenoic acid (DPA), hexadecenoic acid, monounsaturated fatty acids (MUFA), polyunsaturated fatty acids (PUFA), unsaturated fatty acids (UFA) and 35 volatile compounds had significant differences in fatty acids and volatile compounds by gas chromatographymass spectrometry (GC-MS) (p<0.05). For fatty acid data, k-nearest neighbor (KNN) and support vector machine (SVM) got 91.7% classification accuracy. SPME-GC-MS data failed in classification models. For electronic nose data, classification accuracy of KNN, linear discriminant analysis (LDA), SVM and decision tree was all 100%. The overall results indicated that BYC and DBYC eggs could be discriminated based on electronic nose with suitable classification algorithms. This research compared the differentiation of the fatty acid profile and volatile compounds of various egg yolks. The results could be applied to evaluate egg nutrition and distinguish avian eggs.

The effect of a parabolic potential on the properties of a strongly coupled polaron in an asymmetric Gaussian quantum well

Geng Yan-Bo,Ding Zhao-Hua,Xiao Jing-Lin 한국물리학회 2021 THE JOURNAL OF THE KOREAN PHYSICAL SOCIETY Vol.79 No.1

In this work, the effect of parabolic potential on the properties of strongly coupled polaron in an asymmetric Gaussian quantum well (QW) has been studied. Relations of the frequency vibration and the strongly coupled polaron’s ground-state energy in an asymmetric Gaussian QW for RbCl crystals at different confinement strengths along the x and the y directions, the asymmetric Gaussian QW barrier heights, and the Gaussian confinement potential widths and temperatures have been studied using the Lee–Low–Pines unitary transformation and the linear combination operator methods. Calculations show that the absolute value of ground-state energy increased with increasing confinement strengths along the x and the y directions and asymmetric Gaussian QW barrier height, and derease with increeasing Gaussian confinement potential width, and temperature. In addition, vibrational frequency was found to decrease with increasing Gaussian confinement potential width and to increase with increasing confinement strengths along the x and the y directions, asymmetric Gaussian QW barrier height, and temperature. The five parameters involved in this paper are important physical quantities for studying the properties of Gaussian QWs, and have important physical significance for the study of nanomaterials.

Analysis of the Optical Constants of Aluminum-doped Zinc-oxide Films by Using the Single-oscillator Model

Xiao-Yong Gao,Yan Liang,Qing-Geng Lin 한국물리학회 2010 THE JOURNAL OF THE KOREAN PHYSICAL SOCIETY Vol.57 No.4

A group of aluminum-doped zinc-oxide (AZO) films were prepared on glass substrates by directcurrent reactive magnetron sputtering at substrate temperatures (Ts) ranging from 170 ℃ to 210 ℃. The optical constants of the AZO films defined by using Caughy model were fitted in terms of a two-layer model by using the measured spectroscopic ellipsometric parameters. The refractive index dispersion data below the interband absorption edge of the AZO films were analyzed by using a single-oscillator model. The optical energy gap as-fitted by using the single-oscillator model demonstrated a blue and a red shift as T<SUB>s</SUB> increased from 170 ℃ to 200 ℃ and above 200 ℃, respectively. This could be attributed to a change in the free electron concentration, which was related to a change in the effective Al-doping efficiency. The calculated parameter β, related to the crystalline structure, indicated that the as-deposited AZO films fell into an ionic class even though β had a slight deviation from the ionic value. The β of the as-deposited AZO film at 200 ℃ largely remained in the range of ionic values, indicating a minimum deviation from the wurtzite structure. This denoted that Al is a very effective substitute for the zinc sites. Additionally, the calculated plasma frequency, hw<SUB>p</SUB>, remained in the violet region.

Effect of Podophyllotoxin Conjugated Stearic Acid Grafted Chitosan Oligosaccharide Micelle on Human Glioma Cells

Wang, Geng Huan,Shen, He Ping,Huang, Xuan,Jiang, Xiao Hong,Jin, Cheng Sheng,Chu, Zheng Min The Korean Neurosurgical Society 2020 Journal of Korean neurosurgical society Vol.63 No.6

Objective : To study the physiochemical characteristics of podophyllotoxin (PPT) conjugated stearic acid grafted chitosan oligosaccharide micelle (PPT-CSO-SA), and evaluate the ability of the potential antineoplastic effects against glioma cells. Methods : PPT-CSO-SA was prepared by a dialysis method. The quality of PPT-CSO-SA including micellar size, zeta potential, drug encapsulation efficiency and drug release profiles was evaluated. Glioma cells were cultured and treated with PPT and PPT-CSO-SA. The ability of glioma cells to uptake PPT-CSO-SA was observed. The proliferation of glioma cells was determined by 3-[4, 5-dimethyl-2-thiazolyl]-2, 5-diphenyl-2H-tetrazolium bromide (MTT) assay. The apoptosis and morphology of U251 cells were observed by 4',6-Diamidino-2-phenylindole dihydrochloride (DAPI) dye staining. Cell cycle analysis was performed by flow cytometry. The migration ability of U251 cells was determined by wound healing test. Results : PPT-CSO-SA had nano-level particle size and sustained release property. The encapsulation efficiency of drug reached a high level. The cellular uptake percentage of PPT in glioma cells was lower than that of PPT-CSO-SA (p<0.05). The inhibitory effect of PPT-CSO-SA on glioma cells proliferation was significantly stronger than that of PPT (p<0.05). The morphologic change of apoptosis cell such as shrinkage, karyorrhexis and karyopyknosis were observed. The percentage of U251 cells in G2/M phase increased significantly in the PPT-CSO-SA group compared with PPT group (p<0.05). Compared with the PPT group, the cell migration ability of the PPT-CSO-SA group was significantly inhibited after 12 and 24 hours (p<0.05). Conclusion : PPT-CSO-SA can effectively enhance the glioma cellular uptake of drugs, inhibit glioma cells proliferation and migration, induce G2/M phase arrest of them, and promote their apoptosis. It may be a promising anti-glioma nano-drug.