大法官會議制度芻論

顧元(고원, Gu Yuan) 경북대학교 아시아연구소 2009 아시아연구 Vol.- No.4

헌법은 헌법 변천의 일종의 중요한 방식이며, 그 존재의 필요성과 가능성이 있다. 본문은 입헌정치사의 관점으로부터 1947년 <<중화민국의 헌법>>의 헌법설명제도를 고찰하고, 구체적으로 대법관 회의제도의 발전단계, 조직체제, 직권의 특징과 격식 운영 등의 이론과 실천 문제를 상세히 설명하였다. 대법관 회의는 헌법 제도가 1940년대의 “내전”의 시기에 시작되었고, 서방제국제도를 참조하였으며, 원래 시국에 대처하기 위해서 생겨났지만, 세월의 흐름에 따라 모두 갖춰진 제도로서 형성되었다. 사법원의 대법관은 회의방식를 통하여 헌법을 해석하고, 법률에서 명령의 안건까지 해석하여 사법원에서 협의하여 심사 처리한다. 그리고 헌법 법정을 구성하고, 정당한 위헌이 되는 해산안건을 협의하여 심사 처리한다. 대법관은 헌법과 관련하여 헌법을 적용할 수 있는 것에 문제가 발생하는 것, 법률 혹은 명령, 헌법에 저촉되는 것의 유무와 아울러 省자치법, 현 자치법, 省법규와 현의 규칙까지 헌법에 저촉되는 사항을 해석한다. 해석의 사항들은 헌법의 조문 규정자로 제한됨이 있다. 대법관의 회의는 5권 헌법의 사법의 체제의 구조 내에서 건립하였고, 민주적인 헌법제를 수호하고 발전시키는 중요한 도구가 되고, 언제나 인민의 생활에 중대한 영향을 준다. 본문은 헌법을 해석하는 주체모식, 설명의 제한, 해석의 효과와 대법관의 신분 등 약간의 문제를 다루었고, 대법관 회의제도와 서방의 헌법체제 제작에 상응하게 비교하여, 그 제도의 연원과 특색이 더욱 나타나게 하였다. 대법관의 회의는 헌법의 기능의 운용제작의 성공을 충분히 발휘하였고, 의의는 매우 두드러진다고 할 수 있다. The constitutional interpretation is an important way of the constitutional changing, its existence is necessary and probable. This paper surveys the interpretation of the Constitution of the Republic of China in 1947 from the perspective of constitutional history, with analysing theoretical and practical issues in development periods, organizational institution, authority characteristics as well as procedure operation and so on. Commencing with the civil war period in 1940s, the constitutional interpretation system of the Grand Justices of the Judicial Yuan has been developed a rather characteristic and complete institution for more than semi-century which created for coping with the current political situation originally. The Justices of the Judicial Yuan (“Judiciary”)shall be in session en masse and adjudge the petitions concerning interpretation of the Constitution and uniform interpretation of statutes and regulations; the Justices may form as well a Constitutional Court to declare the dissolution of political party whenever it violates the Constitution. The matters for which the Justices shall interpret the Constitution are as follows: Matters concerning doubts and ambiguities in the application of the Constitution; Matters concerning the constitutionality of statutes or regulations; Or matters concerning the constitutionality of laws governing the self-government of provinces and counties, and regulations promulgated by. Constructing in the judicial system framework of the Five Power Constitution, the Grand Justices of the Judicial Yuan has become an important facility for maintenance and evolution of democracy constitutional system which has been had an influence on people’s life most profoundly and deeply. This paper will compare the system of the Grand Justices of the Judicial Yuan with the constitutional interpretation systems of the western countries in some issues such as main body mode, restriction and effectiveness of the constitutional interpretation as well as the status of the Justices, which aims to visualize its sources and features. It has a significant meaning for the constitutional interpretation system of the Grand Justices of the Judicial Yuan to carry out its function successfully and sufficiently.

Synthesis of Polyamides Containing N-Methylpyrrole and N-Methylimidazole and Their Anticancer Activity

Yuan, Gu,Xiao, Junhua,Huang, Weiqiang,Tang, Feili,Zhou, Yawei The Pharmaceutical Society of Korea 2002 Archives of Pharmacal Research Vol.25 No.5

Three hairpin polyamides were designed and synthesized by a haloform reaction and DCC/HOBt coupling reaction without amino protection and deprotection. Their anticancer activity were investigated with three kinds of cell lines-hepatic carcinoma, lung carcinoma and gastric carcinoma, and the values of $IC_{50}$ were at range of $10^{-7}~10^{-8}M$.

송현 백충현 교수 정년기념호 : 번역 ; 체제와 도덕의 배반 -중국 전통사법의 배경 및 그 곤경-

고원 ( Yuan Gu ),정긍식(역) ( Geung Sik Jung ),이화(역) ( Hua Li ) 서울대학교 법학연구소 2004 서울대학교 法學 Vol.45 No.3

Experimental Research and Numerical Simulation of a Large-span Isolated Structure Considering Multi-dimensional Input Effects

Zhen-yuan Gu,Shu-guang Wang,Weiqing Liu,Dong-sheng Du,Wei-zhi Xu 한국강구조학회 2017 International Journal of Steel Structures Vol.17 No.4

Based on the shaking table test of 1:20 scale structural models of the large-span isolated and non-isolated flat grid structures under the action of horizontal-bidirectional (2D) and three-dimensional (3D) rare earthquake, the dynamic characteristics, including natural vibration frequency, damping ratio, the acceleration and displacement responses are investigated. The results show that the base isolation could significantly prolong the structural vibration periods and increase the damping ratio. The capacity of energy dissipation for the base-isolated structure can also be improved. The horizontal acceleration amplification factors (AAFs) of the structure can be reduced greatly due to the base isolation, which effectively reduces the vertical vibration of the large-span grid. Under the 3D seismic input, the horizontal AAF of each layer is greater than that under the 2D one, which illustrates that the vertical seismic input increases the horizontal dynamic response of the structure. Furthermore, the finite element models of the isolated and non-isolated structures were simulated. The experimental results are in good agreement with the numerical results. The parameter optimization of isolation bearings was conducted by using finite element software. The seismic response of each layer under different shear to weight ratios (μ) was analyzed. It can be found that the parameters of the isolation layer have an optimal range which makes the dynamic response of the structure reach a minimum value under the rare earthquake.

Power Quality Early Warning Based on Anomaly Detection

Gu, Wei,Bai, Jingjing,Yuan, Xiaodong,Zhang, Shuai,Wang, Yuankai The Korean Institute of Electrical Engineers 2014 Journal of Electrical Engineering & Technology Vol.9 No.4

Different power quality (PQ) disturbance sources can have major impacts on the power supply grid. This study proposes, for the first time, an early warning approach to identifying PQ problems and providing early warning prompts based on the monitored data of PQ disturbance sources. To establish a steady-state power quality early warning index system, the characteristics of PQ disturbance sources are analyzed and summed up. The higher order statistics anomaly detection (HOSAD) algorithm, based on skewness and kurtosis, and hierarchical power quality early warning flow, were then used to mine limit-exceeding and abnormal data and analyze their severity. Cases studies show that the proposed approach is effective and feasible, and that it is possible to provide timely power quality early warnings for limit-exceeding and abnormal data.

Pre-treatment Elevated Platelet Count Associates with HER2 Overexpression and Prognosis in Patients with Breast Cancer

Gu, Mei-Ling,Yuan, Cai-Jun,Liu, Xiao-Mei,Zhou, Yi-Chao,Di, Shu-Huan,Sun, Fei-Fei,Qu, Quan-Ying Asian Pacific Journal of Cancer Prevention 2015 Asian Pacific journal of cancer prevention Vol.16 No.13

Purpose: To research the association between pre-treatment elevated platelet count and clinicopathologic characteristics in breast cancer (BC), as well as explore the relationship between pre-treatment elevated platelet count and HER2 status and prognosis of BC patients. Materials and Methods: A retrospective cohort of BC patients who were newly diagnosed or treated by surgery only and had pathological detection results and platelet values in the Department of Oncology, the First Affiliated Hospital of Liaoning Medical College were enrolled from 1/1/2008 until 31/12/2009, and followed up until 31/12/2014. Age, thrombocyte parameters before chemotherapy and/or radiotherapy, immunohistochemical (IHM) indexes, and regional lymph node (LN) involvement and progression-free survival (PFS) were recorded. Results: A total of 447 eligible subjects were included in this research. As we analyzed, for HER2, positive and negative, the incidence rates of elevated platelet count were 25.8% and 14.7% (P<0.05). In the Cox proportional hazards model both variables were independent risk factors for BC (for HER2, OR, 0.592, 95% confidence interval, CI, 0.355 to 0.985, P=0.044;f or PLT, OR, 0.998, 95% CI, 0.996 to 1.000, P=0.042). For ER, PR, Ki67 and LN involvement, the differences were not statistically significant (P>0.05). Conclusions: In this research, pre-treatment elevated level of platelet count demostrated a significantrelationship with HER2 amplification/overexpression, and both variables significantly influenced the prognosis of BC. However, elevated platelet count did not exhibit any association with ER, PR, Ki67 and LN involvement.

Robust Mixed H2/H∞ Control for an Uncertain Wireless Sensor Network Systems with Time Delay and Packet Loss

Yuan-Bo Shi,Jian-Hui Wang,Xiaoke Fang,Yueyang Huang,Shu-Sheng Gu 제어·로봇·시스템학회 2021 International Journal of Control, Automation, and Vol.19 No.1

In this paper, the problem of robust mixed H2/H∞ control is studied for an uncertain wireless sensornetwork (WSN) systems with random time delay, packet loss and sensor faults. A system model is establishedbased on the characteristics of uncertain time delay and packet loss in WSN. In this model, system uncertaintiesare represented by random time delay and stochastic packet loss, which are described by a Markov chain. Byusing a Lyapunov-Krasovskii function, a mode-dependent mixed H2/H∞ controller is designed to guarantee boththe stochastic stability of the closed-loop system and the prescribed H2, H∞ control performances. The sufficientconditions for the existence of the controller are proved by a series of Linear Matrix Inequalities (LMIs). If theseLMIs are feasible, the mode-dependent mixed H2/H∞ controller can be obtained. Matlab LMI toolbox is used tocalculate the control law. Finally, a numerical example and its simulation results demonstrated the effectiveness ofthe proposed method

ZD1839 and Cisplatin Alone or in Combination for Treatment of a Nasopharyngeal Carcinoma Cell Line and Xenografts

Gu, Wei-Guang,Huang, Yan,Yuan, Zhong-Yu,Peng, Rou-Jun,Luo, Hai-Tao,He, Zhi-Ren,Wang, Shu-Sen Asian Pacific Journal of Cancer Prevention 2013 Asian Pacific journal of cancer prevention Vol.14 No.3

This study evaluated the effects of ZD1839, an orally active, selective epidermal growth factor receptor (EGFR) tyrosine kinase inhibitor, on nasopharyngeal carcinoma (NPC) both in vitro and in vivo. Influence of ZD1839 alone or combined with cisplatin on the NPC cell line CNE2 was detected by MTT assay with flow cytometry assessment of cell cycle distribution and apoptosis rates. Nude mice NPC xenografts were also used to evaluate the effects of ZD1839 alone or combined with cisplatin. The Student's t test evaluated statistical significance. ZD1839 alone or combined with cisplatin inhibited CNE2 cell line proliferation. ZD1839 induced CNE2 cell cycle arrest in the G1 phase, and higher concentrations induced apoptosis. Xenograft tumors were significantly smaller when treated with 200 mg/kg ZD1839, cisplatin, or cisplatin combined with 100 mg/kg ZD1839 than untreated controls. ZD1839 (200 mg/kg) alone showed good tumor inhibition effects, reduction of tumor weights, and smaller tumor volume without loss of body weight. ZD1839 (200 mg/kg) might provide a good and effective therapeutic reagent for NPC.

Quality of Life and Radiotherapy Complications of Chinese Nasopharyngeal Carcinoma Patients at Different 3DCRT Stages

Gu, Mo-Fa,Su, Yong,Chen, Xin-Lin,He, Wei-Ling,He, Zhen-Yu,Li, Jian-Jun,Chen, Miao-Qiu,Mo, Chuan-Wei,Xu, Qian,Diao, Yuan-Ming Asian Pacific Journal of Cancer Prevention 2012 Asian Pacific journal of cancer prevention Vol.13 No.1

Purpose: the study aimed to compare the quality of life (QOL) and radiotherapy complications among Chinese nasopharyngeal carcinoma (NPC) patients at different 3-dimensional conformal radiotherapy (3DCRT) stages adjusting for other variables. Methods: 511 NPC patients at different 3DCRT stages were enrolled. They were interviewed regarding SF-36, complications and socio-demographic variables and cancer- or treatment-related variables. Analysis of covariance (ANCOVA) based on SF-36, complications scores as dependent variables, 3DCRT stages as independent variables, and other variables as covariate were established. Results: The influencing factors of PCS included 3DCRT stages and age group. The influencing factors of MCS included 3DCRT stages and income. Most QOL scores of NPC patients were significantly associated with 3DCRT stage, after accounting for other variables. QOL scores of the patients receiving 3DCRT were the lowest, QOL scores of people after 3DCRT gradually increased. PCS scores of people greater than 5 years after 3DCRT was improved to or even better than the level before 3DCRT. The complications with significantly different scores of patients at different 3DCRT status included xerostomia, throat ache, hypogeusia, caries, hearing loss, snuffles. Conclusions: Clinicians should pay more attention to older NPC patients and patients with lower income. When patients receive 3DCRT, measures should be taken to reduce radiation injury to improve the patients' QOL.

Project Summary of Three Gorges' 840MVA Hydro-generator with Close-Loop-Self-Circulating Evaporative Cooling System

Yuan, Jiayi,Meng, Dawei,Gu, Guobiao,Song, Fuchuan,Zhang, Tianpeng Journal of International Conference on Electrical 2014 Journal of international Conference on Electrical Vol.3 No.1

In December 2011 and July 2012, two sets of 840MVA hydro-generator of Three Gorges on Yangtze River with Close-loop-self-circulating evaporative cooling (CLSCEC) system were put into commercial operation. In this paper, we make engineering summary of these two generators with CLSCEC system. We also make a comparison between the internal water cooling (IWC) hydro-generator and the CLSCEC hydro-generator used in Three Gorges power plant in fields of their operating characteristics, working performances, technical features, working safety and reliability. In addition, engineering structures, type tests' results and systematic emulating calculation of CLSCEC schemes are analyzed.