중국 권리침해책임법 제36조에 관한 연구

박규용(Park, Kyu-Yong) , 서세걸(Xu, Shi-Jie) 조선대학교 법학연구원 2013 法學論叢 Vol.20 No.1

컴퓨터와 정보통신기술의 급속한 발전은 사람들의 생활에 많은 변화를 가져오고 있는데, 그 중에서도 인터넷을 통한 불법행위는 타인의 민사권익을 침해할 뿐만 아니라 인터넷산업의 건전한 발전도 저해하고 있다. 이러한 사회현실을 고려하여 중국의 ｢권리침해책임법｣ 제36조는 인터넷 불법행위에 대한 기본규정을 두고 있고, 여기에 규정되어 있는 내용을 명확하게 해석하고 각 조항의 입법취지를 정확히 이해함으로써 민사권익을 보호하는 동시에 인터넷산업을 발전시키는 문제에 대한 사회의 관심은 점차 증대하고 있다. 본 논문에서는 현재 중국에서 인터넷 불법행위와 관련하여 가장 많이 적용되고 있는 규정들을 소개한 후, 권리침해책임법 제36조의 각 조항에서 규정하고 있는 내용에 대해서 분석하고자 한다. 먼저 제1항에서의 책임의 주체로서 인터넷서비스 제공자에 대한 이해와 책임의 범위 그리고 동법 제6조 제1항과의 관계를 살펴본다. 다음으로 제2항에서 특별히 주의해야 할 개념과 통지조항을 적용함에 있어서 발생 가능한 문제를 정리한다. 마지막으로 제3항에서 규정하고 있는 ‘알고 있다’가 내포한 뜻과 그의 판단 기준 그리고 제2항과의 관계를 연구한다. With the rapid development of communication technology, people’s daily life has changed a lot. Internet infringements have become prominent. It not only violates the others’ civil rights, but also hinders the healthy development of internet industry. The Article 36 of Tort Liability Law is enacted to solve such problems. Before applying the Article 36, the more important things is that how to comprehend and interpret it, such as the purpose of Tort Liability Law and this article, the real concepts of the same words in the provisions, and how to balance the relationship of protecting people’s civil rights and promoting the internet industry. This paper introduces the legislation related to the internet infringements and makes an analysis of the Article 36 of Tort Liability Law, such as how to understand the concepts of internet service provider in three provisions of Article 36, the key words in every provision and so on. The most important point is that how to understand the second provision of Article 36. For example, when will the notifications come into force, and how to apply the procedure of notification. Then the liability of internet service provider in different circumstances is another focus in this paper.

中國産品責任賠償範圍硏究 -以侵權責任法與判例爲硏究視角-

( Shi Jie Xu ),( Kyu Yong Park ) 홍익대학교 법학연구소 2014 홍익법학 Vol.15 No.4

Chinese Tort Liability Law, which was enacted in 2010, has a great influence to the Chinese tort liability system, including the products liability. Before Tort Liability Law, the adjustments of product liability laws are General Principles of the Civil Act, Consumer Protection Law, Product Quality Law and so on. These laws have a positive effect on protecting the rights of victims, but still not enough. The execution of Tort Liability Law became an important role as a complementary product liability legal system. After the Tort Liability Law, Consumer Rights Protection Law was amended; Food and Drug Judicial interpretation of the Supreme People`s Court has also been announced to take effect in March 15, 2014. It is necessary to study on the impact of these laws and judicial interpretation on the Tort Liability Law and Product Liability legal system, the relationship between these regulations and Product Quality Law, other judicial interpretation, the scope of compensation for damages of product liability and calculation of damages. The scope of tort liability damages includes physical damage, property damage and mental damage. But there is special damage in product liability damages, which is punitive damage. Firstly, with the price of product increasing, whether the victims can receive the compensation for the defect product in the tort litigation becomes more and more important. Secondly, Tort Liability Law determined the scope of the physical damage, but there still remains some conflicts with other regulations. Finally, punitive damage is the characteristic in product liability legal system. This paper will study on the above matters and some related cases, and be used to the previous reference for comparative study of China and Korea product liability legal system.

Research on Brownout Characteristics of Helicopter Approach Flight Based on the Unsteady Momentum Source Model Coupled with DEM

Qing Li,Yong-jie Shi,Guohua Xu,Linbo Wu 한국항공우주학회 2023 International Journal of Aeronautical and Space Sc Vol.24 No.2

In order to numerically simulate the brownout phenomenon encountered by helicopters in a sandy environment, a new coupled method is established that takes into account the accuracy and efficiency of calculation. In this method, the computational fluid dynamics (CFD) method based on the unsteady momentum source model and the discrete-element method (DEM) based on discrete dynamics are coupled to deal with this two-phase flow problem. In order to verify the validity of the calculation method, the results were compared with available real aircraft brownout flight test results, the results of the RANS method based on overset grids, and the results of the viscous vortex particle method (VVPM). Then, by applying the established method, a numerical simulation of the brownout phenomenon of a typical helicopter approach maneuver was carried out. The results show that after maneuvering descent changes into near-ground forward flight, the sand cloud that is generated is widely distributed and has a lower concentration near the fuselage, and the overall particle saltation characteristics are similar to those at higher forward flight speeds. This means that the phenomenon of brownout is reduced for a certain period of time in the approach chosen in this paper.

Two Compound Heterozygous Were Identified in SLC26A4 Gene in Two Chinese Families With Enlarged Vestibular Aqueduct

Yongbo Yu,Yang Yang,Jie Lu,Yaqiong Jin,Yeran Yang,Enyu Hong,Jin Shi,Feng Chen,Shujing Han,Ping Chu,Yongli Guo,Xin Ni 대한이비인후과학회 2019 Clinical and Experimental Otorhinolaryngology Vol.12 No.1

Objectives. To investigate the genetic causes of hearing loss with enlarged vestibular aqueduct (EVA) in two children from unrelated two Chinese families. Methods. Sanger sequencing of all coding exons in SLC26A4 (encoding Pendrin protein) was performed on the two patients, their sibling and parents respectively. To predict and visualize the potential functional outcome of the novel variant, model building, structure analysis, and in silico analysis were further conducted. Results. The results showed that the proband from family I harbored a compound heterozygote of SLC26A4 c.1174A>T (p.N392Y) mutation and c.1181delTCT (p.F394del) variant in exon 10, potentially altering Pendrin protein structure. In family II, the proband was identified in compound heterozygosity with a known mutation of c.919-2A>G in the splice site of intron 7 and a novel mutation of c.1023insC in exon 9, which results in a frameshift and translational termination, consequently leading to truncated Pendrin protein. Sequence homology analysis indicated that all the mutations localized at high conservation sites, which emphasized the significance of these mutations on Pendrin spatial organization and function. Conclusion. In summary, this study revealed two compound heterozygous mutations (c.1174A>T/c.1181delTCT; c.919-2A>G/c.1023insC) in Pendrin protein, which might account for the deafness of the two probands clinically diagnosed with EVA. Thus this study contributes to improve understanding of the causes of hearing loss associated with EVA and develop a more scientific screening strategy for deafness.

Intravenous Tenecteplase for Acute Ischemic Stroke Within 4.5–24 Hours of Onset (ROSE-TNK): A Phase 2, Randomized, Multicenter Study

Wang Lu,Dai Ying-Jie,Cui Yu,Zhang Hong,Jiang Chang-Hao,Duan Ying-Jie,Zhao Yong,Feng Ye-Fang,Geng Shi-Mei,Zhang Zai-Hui,Lu Jiang,Zhang Ping,Zhao Li-Wei,Zhao Hang,Ma Yu-Tong,Song Cheng-Guang,Zhang Yi,Ch 대한뇌졸중학회 2023 Journal of stroke Vol.25 No.3

Background and Purpose Intravenous tenecteplase (TNK) efficacy has not been well demonstrated in acute ischemic stroke (AIS) beyond 4.5 hours after onset. This study aimed to determine the effect of intravenous TNK for AIS within 4.5 to 24 hours of onset. Methods In this pilot trial, eligible AIS patients with diffusion-weighted imaging (DWI)-fluid attenuated inversion recovery (FLAIR) mismatch were randomly allocated to intravenous TNK (0.25 mg/kg) or standard care within 4.5–24 hours of onset. The primary endpoint was excellent functional outcome at 90 days (modified Rankin Scale [mRS] score of 0–1). The primary safety endpoint was symptomatic intracranial hemorrhage (sICH). Results Of the randomly assigned 80 patients, the primary endpoint occurred in 52.5% (21/40) of TNK group and 50.0% (20/40) of control group, with no significant difference (unadjusted odds ratio, 1.11; 95% confidence interval 0.46–2.66; <i>P</i>=0.82). More early neurological improvement occurred in TNK group than in control group (11 vs. 3, <i>P</i>=0.03), but no significant differences were found in other secondary endpoints, such as mRS 0–2 at 90 days, shift analysis of mRS at 90 days, and change in National Institutes of Health Stroke Scale score at 24 hours and 7 days. There were no cases of sICH in this trial; however, asymptomatic intracranial hemorrhage occurred in 3 of the 40 patients (7.5%) in the TNK group. Conclusion This phase 2, randomized, multicenter study suggests that intravenous TNK within 4.5–24 hours of onset may be safe and feasible in AIS patients with a DWI-FLAIR mismatch.

중국 권리침해책임법 제36조에 관한 연구

박규용(Park, Kyu-Yong),서세걸(Xu, Shi-Jie) 조선대학교 법학연구원 2013 法學論叢 Vol.20 No.1

컴퓨터와 정보통신기술의 급속한 발전은 사람들의 생활에 많은 변화를 가져오고 있는데, 그 중에서도 인터넷을 통한 불법행위는 타인의 민사권익을 침해할 뿐만 아니라 인터넷산업의 건전한 발전도 저해하고 있다. 이러한 사회현실을 고려하여 중국의 ｢권리침해책임법｣ 제36조는 인터넷 불법행위에 대한 기본규정을 두고 있고, 여기에 규정되어 있는 내용을 명확하게 해석하고 각 조항의 입법취지를 정확히 이해함으로써 민사권익을 보호하는 동시에 인터넷산업을 발전시키는 문제에 대한 사회의 관심은 점차 증대하고 있다. 본 논문에서는 현재 중국에서 인터넷 불법행위와 관련하여 가장 많이 적용되고 있는 규정들을 소개한 후, 권리침해책임법 제36조의 각 조항에서 규정하고 있는 내용에 대해서 분석하고자 한다. 먼저 제1항에서의 책임의 주체로서 인터넷서비스 제공자에 대한 이해와 책임의 범위 그리고 동법 제6조 제1항과의 관계를 살펴본다. 다음으로 제2항에서 특별히 주의해야 할 개념과 통지조항을 적용함에 있어서 발생 가능한 문제를 정리한다. 마지막으로 제3항에서 규정하고 있는 ‘알고 있다’가 내포한 뜻과 그의 판단 기준 그리고 제2항과의 관계를 연구한다. With the rapid development of communication technology, people’s daily life has changed a lot. Internet infringements have become prominent. It not only violates the others’ civil rights, but also hinders the healthy development of internet industry. The Article 36 of Tort Liability Law is enacted to solve such problems. Before applying the Article 36, the more important things is that how to comprehend and interpret it, such as the purpose of Tort Liability Law and this article, the real concepts of the same words in the provisions, and how to balance the relationship of protecting people’s civil rights and promoting the internet industry. This paper introduces the legislation related to the internet infringements and makes an analysis of the Article 36 of Tort Liability Law, such as how to understand the concepts of internet service provider in three provisions of Article 36, the key words in every provision and so on. The most important point is that how to understand the second provision of Article 36. For example, when will the notifications come into force, and how to apply the procedure of notification. Then the liability of internet service provider in different circumstances is another focus in this paper.

Effects of the Helicobacter pylori Virulence Factor CagA and Ammonium Ion on Mucins in AGS Cells

Xiaoyu Zhang,Ding Shi,Yong-pan Liu,Wu-jie Chen,Dong Wu 연세대학교의과대학 2018 Yonsei medical journal Vol.59 No.5

Purpose: To investigate the effects of Helicobacter pylori (H. pylori)-CagA and the urease metabolite NH4 + on mucin expression inAGS cells. Materials and Methods: AGS cells were transfected with CagA and/or treated with different concentrations of NH4CL. Mucingene and protein expression was assessed by qPCR and immunofluorescence assays, respectively. Results: CagA significantly upregulated MUC5AC, MUC2, and MUC5B expression in AGS cells, but did not affect E-cadherin andMUC6 expression. MUC5AC, MUC6, and MUC2 expression in AGS cells increased with increasing NH4 + concentrations untilreaching a peak level at 15 mM. MUC5B mRNA expression in AGS cells (NH4 + concentration of 15 mM) was significantly higherthan that at 0, 5, and 10 mM NH4 + . No changes in E-cadherin expression in AGS cells treated with NH4 + were noted, except at 20mM. The expression of MUC5AC, MUC2, and MUC6 mRNA in CagA-transfected AGS cells at an NH4 + concentration of 15 mM wassignificantly higher than that at 0 mM, and decreased at higher concentrations. The expression of MUC5B mRNA increased withincreases in NH4 + concentration, and was significantly higher compared to that in untreated cells. No significant change in the expressionof E-cadherin mRNA in CagA-transfected AGS cells was observed. Immunofluorescence assays confirmed the observedchanges. Conclusion: H. pylori may affect the expression of MUC5AC, MUC2, MUC5B, and MUC6 in AGS cells via CagA and/or NH4 + , butnot E-cadherin.

Tracking the movement trajectory of newly emerged adult Chinese citrus flies with insect harmonic radar

Zhang-Zhang He,Jie Luo,Lian-You Gui,Deng-Ke Hua,Tian-Hua Du,Fu-Lian Wang,Peng Liang,Yong-Fang Shi,Xuan Yang 한국응용곤충학회 2019 Journal of Asia-Pacific Entomology Vol.22 No.3

Previous work reveals that the adult Chinese citrus fly, Bactrocera minax (Enderlein), emerges from the ground in citrus orchards and presumably disperses to alternate food sources in neighboring shrubs and trees, where it stays and becomes reproductively mature, and then later returns to the orchard to lay eggs. We investigated the trajectories of early emerged adult Chinese citrus flies, which were tracked with portable harmonic radar in 2013, 2014, 2015, and 2016 in four different habitats in Hubei province of China that presumably provided food sources for adults. This study we investigated whether early emerged adult Chinese citrus flies migrate into forests. A total of 47 adults were tracked following release in a citrus orchard. Our results showed that a total of 33 adults released in a citrus orchard flew into the forest, and 14 adults that disappeared during the tracking process in the citrus orchard. A total of 10 adults (in 2014) that were tracked and released in the forest flew to the forest. Of the adult flies investigated, 54.5% flew directly into the forest, while the remaining 45.5% finally arrived in the forest after repeatedly adjusting their trajectories. When there were Castanea mollissima Blume (Fagaceae) in the surrounding forest, the proportion of frequency of adult landing on the plant represented 58.3% and 88.5% of landing on all species in 2014 and in 2015, respectively. We conclude that early emerged adult Chinese citrus flies in the mosaic-type citrus orchard of the hilly terrain landform dispersed into adjacent forest.

A High-efficiency Trim Method for CFD Numerical Calculation of Helicopter Rotors

Zhou Ye,Guo-hua Xu,Yong-jie Shi,Run-ze Xia 한국항공우주학회 2017 International Journal of Aeronautical and Space Sc Vol.18 No.2

In order to resolve the trimming difficulty in rotor CFD calculations, a high-efficiency and improved “delta trim method” is established to compute the blade control settings that are necessary to identify the blade motion. In this method, a simplified model which combines the blade element theory and different inflow models is employed to calculate the control settings according to the target aerodynamic forces, then it is coupled into a CFD solver with unsteady Navier-Stokes equations by the delta methodology, which makes the control settings and aerodynamics calculated and updated in the meantime at every trim cycle. Different from the previous work, the current research combines the inflow model based on prescribed wake theory. Using the method established, the control settings and aerodynamic characteristics of Helishape 7A, AH-1G and Caradonna-Tung rotors are calculated. The influence of different inflow models on trimming calculations is analyzed and the computational efficiency of the current “delta trim method” is compared with that of the “CFD-based trim method”. Furthermore, for the sake of improving the calculation efficiency, a novel acceleration factor method is introduced to accelerate the trimming process. From the numerical cases, it is demonstrated that the current “delta trim method” has higher computational efficiency than “CFD-based trim method” in both hover and forward flight, and up to 70% of the amount of calculation can be saved by current “delta trim method” which turns out to be satisfactory for engineering applications. In addition, the proposed acceleration factor shows a good ability to accelerate the trim procedure, and the prescribed wake inflow model is always of better stability than other simple inflow models whether the acceleration factor is utilized in trimming calculations.

A High-efficiency Trim Method for CFD Numerical Calculation of Helicopter Rotors

Ye, Zhou,Xu, Guo-hua,Shi, Yong-jie,Xia, Run-ze The Korean Society for Aeronautical and Space Scie 2017 International Journal of Aeronautical and Space Sc Vol.18 No.2

In order to resolve the trimming difficulty in rotor CFD calculations, a high-efficiency and improved "delta trim method" is established to compute the blade control settings that are necessary to identify the blade motion. In this method, a simplified model which combines the blade element theory and different inflow models is employed to calculate the control settings according to the target aerodynamic forces, then it is coupled into a CFD solver with unsteady Navier-Stokes equations by the delta methodology, which makes the control settings and aerodynamics calculated and updated in the meantime at every trim cycle. Different from the previous work, the current research combines the inflow model based on prescribed wake theory. Using the method established, the control settings and aerodynamic characteristics of Helishape 7A, AH-1G and Caradonna-Tung rotors are calculated. The influence of different inflow models on trimming calculations is analyzed and the computational efficiency of the current "delta trim method" is compared with that of the "CFD-based trim method". Furthermore, for the sake of improving the calculation efficiency, a novel acceleration factor method is introduced to accelerate the trimming process. From the numerical cases, it is demonstrated that the current "delta trim method" has higher computational efficiency than "CFD-based trim method" in both hover and forward flight, and up to 70% of the amount of calculation can be saved by current "delta trim method" which turns out to be satisfactory for engineering applications. In addition, the proposed acceleration factor shows a good ability to accelerate the trim procedure, and the prescribed wake inflow model is always of better stability than other simple inflow models whether the acceleration factor is utilized in trimming calculations.