中国有限责任公司股东出资瑕疵民事责任认定

于晓悦 ( Yu-xiaoyue ),诸慧琴 ( Zhu-huiqin ) 제주대학교 법과정책연구원 2020 국제법무 Vol.12 No.1

公司是经济活动的主体,在现代市场活动中占据重要的地位,而公司资本作为公司正常运行的基础,十分重要。公司法作为对它活动的行为规范,研究的十分重要的问题之一是股东出资瑕疵问题,这也是法律实务中涉猎十分多的问题,由于主观或者客观原因,股东出资极易发生不规范现象,对交易安全造成影响。而股东、公司、债权人各自责任则是我们需要关注和研究的重点。 股东出资瑕疵关系着公司资本充实,这是公司正常稳定运作和信用的基础。研究股东出资瑕疵问题,重点论述出资瑕疵股东需要承担的责任。主要分四部分进行,第一部分通过对出资瑕疵的定义,引入各种出资瑕疵的三种重点情形进行区分论述。第二部分针对出资瑕疵的情形,对比理论界各种关于责任承担的观点,论述出资瑕疵时民事责任承担相关认定以及现阶段存在的问题。第三部分主要论述国外有关股东出资瑕疵制度先进的立法经验以及根据国外关于股东出资瑕疵制度得到的相关启示。第四部分是就相关问题提出的一些完善改进的建议。 The company is the subject of economic activity, occupies an important position in the modern market activity, and the capital of the company is the foundation of the normal operation of the company, it is very important. As a code of conduct for its activities, the Company Law is one of the most important problems in the research, which is the problem of the shareholder’s capital contribution. The respective responsibility of the shareholders, the company and the creditor is the focus that we need to pay attention to and research. The defect of shareholder capital contribution is related to the capital enrichment of the company, which is the basis of the normal and stable operation and credit of the company. This paper studies the defects of shareholders’ capital contribution, and focuses on the responsibilities of shareholders with investment defects. Mainly divided into four parts, the first part through the definition of investment defects, the introduction of a variety of investment defects of the three key cases to distinguish and discuss. The second part, in view of the situation of capital contribution defects, compares all kinds of theoretical views on liability bearing, and discusses the related identification of civil liability bearing and the existing problems at the present stage. The third part mainly discusses the advanced legislative experience of the defect system of shareholders’ capital contribution in foreign countries and the basis of the country. Outside on the shareholder investment defects system to get the relevant enlightenment. The fourth part is on the related issues put forward some suggestions for improvement.

Research on the temperature characteristics of SiPM-based LaBr3(Ce) detectors

Yu Tao,Guo Siming,Wu Jinjie,An Zhenghua,Qie Xiaoyu,Guo Kaiyue 한국물리학회 2023 THE JOURNAL OF THE KOREAN PHYSICAL SOCIETY Vol.82 No.1

When a satellite-borne detector is being ground calibrated, a standard detector is required to determine the monochromatic X-ray beam energy and intensity. For this purpose, a SiPM-based LaBr3(Ce) detector has been developed. The environmental temperature change may substantially afect the performance of the detector, thus afecting the accuracy of the ground calibration results. To study the efect of temperature change on the performance of the LaBr3(Ce) detector, the performance of the LaBr3(Ce) detector was tested with 241Am and 137Cs γ-ray sources in the high- and low-temperature test chambers. The results showed that within the range of – 20 to 40 °C, the energy resolution of the LaBr3(Ce) detector does not change by more than 1%, nor does the peak-to-total ratio of 241Am and 137Cs. The temperature change has little efect on the performance of the LaBr3(Ce) detector, which meets the requirements for use as a beam monitor. However, the peak location of the radioactive source varies signifcantly with temperature, and the diference with the peak location at room temperature is within 17%. To reduce the variation in the gain of the LaBr3(Ce) detector with temperature, it is necessary to optimize the compensation design of the temperature gain to ensure the stability of the detector gain at various temperatures.

Alpha-Hemolysin from Staphylococcus aureus Obstructs Yeast-Hyphae Switching and Diminishes Pathogenicity in Candida albicans

Yu Xiaoyu,Mao Yinhe,Li Guangbo,Wu Xianwei,Xuan Qiankun,Yang Simin,Chen Xiaoqing,Cao Qi,Guo Jian,Guo Jinhu,Wu Wenjuan 한국미생물학회 2023 The journal of microbiology Vol.61 No.2

The use of antibiotics can disrupt the body’s natural balance and increase the susteptibility of patients towards fungal infections. Candida albicans is a dimorphic opportunistic fungal pathogen with niches similar to those of bacteria. Our aim was to study the interaction between this pathogen and bacteria to facilitate the control of C. albicans infection. Alpha-hemolysin (Hla), a protein secreted from Staphylococcus aureus, causes cell wall damage and impedes the yeast–hyphae transition in C. albicans. Mechanistically, Hla stimulation triggered the formation of reactive oxygen species that damaged the cell wall and mitochondria of C. albicans. The cell cycle was arrested in the G0/G1 phase, CDC42 was downregulated, and Ywp1 was upregulated, disrupting yeast hyphae switching. Subsequently, hyphae development was inhibited. In mouse models, C. albicans pretreated with Hla reduced the C. albicans burden in skin and vaginal mucosal infections, suggesting that S. aureus Hla can inhibit hyphal development and reduce the pathogenicity of candidiasis in vivo.

Detrital zircon ages, sources, and implications of the Tangwangling Group, southern margin of the Ordos Block, western North China Craton

Yu Kang,Gang Chen,Qiang Chen,Fu Yang,Junping Huang,Xiaoyu Xia 한국지질과학협의회 2021 Geosciences Journal Vol.25 No.2

The southern margin of the Ordos Block (S-OB) is located in the western part of the southern region of the North China Craton (S-NCC), and has been involved in multiple orogenic episodes that uplifted the North Qinling Orogenic Belt (NQB). Determining whether the S-OB deposits and sources were controlled by late Precambrian or Ordovician tectonic sedimentation is extremely important for understanding the paleo-tectonic evolution of the S-NCC and its relationship with the North Qinling Terrane (NQT). In this study, the depositional age and trace of the source area of the Tangwangling Group (TWL) were constrained using detrital zircon U-Pb isotopic analyses. Six sandstone samples collected from the TWL Group yielded similar detrital zircon age patterns, with four distinct clusters at 2588–2305 Ma, 2100–1600 Ma, 1251–1005 Ma 995–744Ma which correspond to peak ages of 2.45 Ga, 1.80 Ga, 1.10 Ga, and 0.82 Ga, respectively. The youngest zircon ages that peak at 0.82 Ga suggest that the depositional age of the TWL Group is the closest to the late Neoproterozoic, based on comparisons with geochronological data from late Precambrian and Ordovician successions that outcrop in the OB. The detrital zircon age ranges of the TWL Group, in comparison with those of the NCC and NQT, also indicate that clastic grains deposited in the TWL Group were mainly sourced from NCC basement rocks and less so from the late Precambrian NQT complex, which was coincident with a Grenvillian-aged tectonomagmatic event. Thus, we conclude that the NQT had accreted onto the S-NCC before the TWL Group were deposited during the late Neoproterozoic, implying that the S-NCC or the S-OB may have experienced or was at least influenced by the assembly and breakup of Rodinia.

Bayesian Optimization Analysis of Containment-Venting Operation in a Boiling Water Reactor Severe Accident

Xiaoyu Zheng,Jun Ishikawa,Tomoyuki Sugiyama,YU MARUYAMA 한국원자력학회 2017 Nuclear Engineering and Technology Vol.49 No.2

Containment venting is one of several essential measures to protect the integrity of thefinal barrier of a nuclear reactor during severe accidents, by which the uncontrollablerelease of fission products can be avoided. The authors seek to develop an optimizationapproach to venting operations, from a simulation-based perspective, using an integratedsevere accident code, THALES2/KICHE. The effectiveness of the containment-ventingstrategies needs to be verified via numerical simulations based on various settings of theventing conditions. The number of iterations, however, needs to be controlled to avoidcumbersome computational burden of integrated codes. Bayesian optimization is an efficientglobal optimization approach. By using a Gaussian process regression, a surrogatemodel of the “black-box” code is constructed. It can be updated simultaneously whenevernew simulation results are acquired. With predictions via the surrogate model, upcominglocations of the most probable optimum can be revealed. The sampling procedure isadaptive. Compared with the case of pure random searches, the number of code queries islargely reduced for the optimum finding. One typical severe accident scenario of a boilingwater reactor is chosen as an example. The research demonstrates the applicability of theBayesian optimization approach to the design and establishment of containment-ventingstrategies during severe accidents.

Modeling and Analysis of Temperature Compensation for Multitemperature Zone Sintering Furnace Temperature Sensing

Xiaoyue Sang,Zhaohui Yuan,Xiaojun Yu,Muhammad Tariq Sadiq,Na Liang,Noman Naseer,GaoXi Xiao 제어·로봇·시스템학회 2021 International Journal of Control, Automation, and Vol.19 No.7

The surface temperature of workpieces in a multi-temperature zone sintering furnace is an important parameter to characterize the performances of a multi-temperature zone system. Due to the practical structural properties of the sintering furnace, however, the conventional way of temperature measurement cannot detect the exact surface temperature of the workpieces directly, making it difficult to control the multi-temperature zone system performances precisely. To address such an issue, this paper proposes, for the first time to the best of our knowledge, a temperature compensation algorithm based soft-measurement technique to compensate for the temperature of the measuring points. Specifically, we analyze the heat-transfer mechanism within the electric heating surface and the workpiece surface and establish a mathematical model for it first, and then calculate the radiative heat transfer coefficient between the diffuse gray surface within sintering furnace using the discrete radiation heat transfer method. Finally, the heat transfer mechanism based soft measurement technique is proposed and applied tocompensate for the temperature. Both simulations and experiments with a practical sintering furnace are conducted to verify the correctness and effectiveness of the proposed temperature compensation algorithm in different cases. Results show that the proposed algorithm could help maintain the temperature difference within a range limit of ±5◦, which is much better as compared with the conventional temperature measurement methods.

Uncertainty quantifi cation of the power control system of a small PWR with coolant temperature perturbation

Xiaoyu Li,Chuhao Li,Yang Hu,Yongqi Yu,Wenjie Zeng,Haibiao Wu 한국원자력학회 2022 Nuclear Engineering and Technology Vol.54 No.6

The coolant temperature feedback coefficient is an important parameter of reactor core power controlsystem. To study the coolant temperature feedback coefficient influence on the core power controlsystem of small PWR, the core power control system is built with the nonlinear model and fuzzy controltheory. Then, the uncertainty quantification method of reactor core parameters is established based onthe Latin hypercube sampling method and the Bootstrap method. Finally, under the conditions ofreactivity step perturbation and coolant inlet temperature step perturbation, uncertainty analysis for twocases is carried out. The result shows that with fuzzy controller and fuzzy PID controller, the uncertaintyof the coolant temperature feedback coefficient affects the core power control system, and the maximumuncertainties of core relative power, coolant temperature deviation, fuel temperature deviation and totalreactivity are acceptable

Attention Capsule Network for Aspect-Level Sentiment Classification

( Yu Deng ),( Hang Lei ),( Xiaoyu Li ),( Yiou Lin ),( Wangchi Cheng ),( Shan Yang ) 한국인터넷정보학회 2021 KSII Transactions on Internet and Information Syst Vol.15 No.4

As a fine-grained classification problem, aspect-level sentiment classification predicts the sentiment polarity for different aspects in context. To address this issue, researchers have widely used attention mechanisms to abstract the relationship between context and aspects. Still, it is difficult to effectively obtain a more profound semantic representation, and the strong correlation between local context features and the aspect-based sentiment is rarely considered. In this paper, a hybrid attention capsule network for aspect-level sentiment classification (ABASCap) was proposed. In this model, the multi-head self-attention was improved, and a context mask mechanism based on adjustable context window was proposed, so as to effectively obtain the internal association between aspects and context. Moreover, the dynamic routing algorithm and activation function in capsule network were optimized to meet the task requirements. Finally, sufficient experiments were conducted on three benchmark datasets in different domains. Compared with other baseline models, ABASCap achieved better classification results, and outperformed the state-of-the-art methods in this task after incorporating pre-training BERT.

Proteomic analysis of chicken peripheral blood mononuclear cells after infection by Newcastle disease virus

Xiaoyu Deng,Yanlong Cong,Renfu Yin,Guilian Yang,Chan Ding,Shengqing Yu,Xiufan Liu,Chun-feng Wang,Zhuang Ding 대한수의학회 2014 JOURNAL OF VETERINARY SCIENCE Vol.15 No.4

Characteristic clinical manifestations of Newcastle diseaseinclude leukopenia and immunosuppression. Peripheral bloodmononuclear cells (PBMCs) are the main targets of Newcastledisease virus (NDV) infection. To survey changes in proteomicexpression in chicken PBMCs following NDV infection,PBMC proteins from 30 chickens were separated using twodimensionalelectrophoresis (2-DE) and subjected to massspectrometry analysis. Quantitative intensity analysis showedthat the expression of 78 proteins increased more thantwo-fold. Thirty-five proteins exhibited consistent changes inexpression and 13 were identified as unique proteins bymatrix assisted laser desorption ionization-time of flight massspectrometer/mass spectrometer including three that weredown-regulated and 10 that were up-regulated. These proteinswere sorted into five groups based on function: macromolecularbiosynthesis, cytoskeleton organization, metabolism, stressresponses, and signal transduction. Furthermore, Westernblot analysis confirmed the down-regulation of integrin-linkedkinase expression and up-regulation of lamin A production. These data provide insight into the in vivo response of targetcells to NDV infection at the molecular level. Additionally,results from this study have helped elucidate the molecularpathogenesis of NDV and may facilitate the development ofnew antiviral therapies as well as innovative diagnostic methods.

Environmental Issues on End-of-Life Battery from Next-Generation Vehicles in Japan

( Jeongsoo Yu ),( Xiaoyue Liu ),( Hongxia Chen ) 한국폐기물자원순환학회 2022 ISSE 초록집 Vol.2022 No.-

Manufacture and recycling of vehicle batteries in China, Japan and Korea have drawn more and more attention, the types of batteries in different countries are not uniform, so it is difficult to ensure the recovery of rare metals. To meet the increasing manufacturing demand of Next-Generation Vehicles (NGVs), the importance of reuse and recycling of vehicle batteries is also increasing. This research gives an overview of the popularization of NGVs, as well as the status and topics of reuse and recycling of vehicle batteries in Japan. Japanese government and auto makers have already established a battery recycling system; however, NiMH batteries and LIBs are usually exported along with massive secondhand vehicles. In NiMH batteries LCA case, the reuse and/or recycling of EoL NiMH batteries will bring more environmental burdens than the nonrecycling scenario. However, by reusing or recycling EoL NiMH batteries, we can avoid manufacturing new NiMH batteries or recycle certain metal resources. The reuse policy for EoL NiMH batteries should be implemented and the EoL NiMH batteries treated, as soon as possible in Japan. In addition, there appear to be a vast number of low-capacity waste NiMH battery exports from Japan to developing countries. These batteries will lose their function completely soon after being exported and may eventually be inappropriately treated.