• Title/Summary/Keyword: Specific process rule

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Railway Governance and Power Structure in China

  • Lee, Jinjing
    • International Journal of Railway
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    • v.1 no.4
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    • pp.129-133
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    • 2008
  • Over the last $15{\sim}20$years, many countries have adopted policies of railway privatization to keep up with increasing competition from road and air transport. Although each country and case has its own history, market characteristics, political context as well as administrative process, railway privatizations (including railway restructure, concession etc.) in the west usually are accompanied with the establishment of new regulatory regimes. Therefore, railway governance has been innovating towards an interaction of government, regulator, industry bodies, user groups, trade unions and other interested groups within the regulatory framework. However, it is not the case in China. Although China had seen a partial privatization in some branch lines and is experiencing a much larger-scale privatization by establishing joint-ventures to build and operate high-speed passenger lines and implementing an asset-based securitization program, administrative control still occupies absolutely dominant position in the railway governance in China. Ministry of Railway (MOR) acts as the administrator, operator as well as regulator. There is no national policy that clearly positions railway in the transportation network and clarifies the role of government in railway development. There is also little participation from interested groups in the railway policy making, pricing, service standard or safety matter. Railway in China is solely governed by the mere executive agency. Efficiency-focused economic perspective explanation is far from satisfaction. A wider research perspective from political and social regime is of great potential to better explain and solve the problem. In the west, separation and constrains of power had long been established as a fundamental rule. In addition to internal separation of political power(legislation, execution and jurisdiction), rise of corporation in the 19th century and association revolution in the 20th century greatly fostered the growth of economic and social power. Therefore, political, social and economic organizations cooperate and compete with each other, which leads to a balanced and resonable power structure. While in China, political power, mainly party-controlled administrative power has been keeping a dominated position since the time of plan economy. Although the economic reform promoted the growth of economic power of enterprises, it is still not strong enough to compete with political power. Furthermore, under rigid political control, social organizations usually are affiliated to government, independent social power is still too weak to function. So, duo to the limited and slow reform in political and social regime in China, there is an unbalanced power structure within which political power is dominant, economic power expanding while social power still absent. Totally different power structure in China determines the fundamental institutional environment of her railway privatization and governance. It is expected that the exploration of who act behind railway governance and their acting strength (a power theory) will present us a better picture of railway governance as a relevant transportation mode. The paper first examines the railway governance in China and preliminarily establishes a linkage between railway governance and its fundamental institutional environment, i.e. power structure in a specific country. Secondly, the reason why there is no national policy in China is explored in the view of political power. In China, legislative power is more symbolic while party-controlled administrative power dominates political process and plays a fundamental role in Chinese railway governance. And then, in the part three railway finance reform is analyzed in the view of economic power, esp. the relationship of political power and economic power.

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Product Liability and Causation in Criminal Law (형법상 제조물책임과 인과관계의 확정)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.3-28
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    • 2016
  • While product liability has been settled as a technical term in civil law, criminal law does not commonly accept technical term for it. Not like civil law, product liability in criminal law point outs individual responsibility and disability of normative order. Meaning that causation between individual's action of violation of duty and the result of danger of legal interest or infringement of legal interest must be proved. In criminal law excluding "non-result-constituted crimes (Unternehmensdelikt)", charge of injuring, accidental infliction of injury, homicide or involuntary manslaughter is problematic in product liability. Of course, it is necessary to distinguish whether the action related to the outcome is act or ommission. Also the causal relationship between the action and the result must be proved, and the intention or negligence should be recognized. In this paper, it analyzes cases that were problematic in Korea, Germany, Spain, etc. Mainly focusing on the problems revealed in the determination of causal relationship, especially recognizing criminal liability related to products. Furthermore it is followed by the view of reviewing the cause-and-effect relationship by 2 steps, dividing natural scientific causation and the normative causal relationship. In this process, to acknowledge criminal product liability in accordance with recognizing cause-and-effect relationship, there should be general risk of specific substance causing the outcome. This only premise can be meaningful to examine the casual relationship from specific cases. As it shows in some cases and theories, it is not contradicting general law of cause and effect by determining specific causal relationship by free evaluation of evidence if a general causal relationship does not exist. Also since judge's testimony does not hold a dominant position from rule of thumb, it is possible to recognize specific causal relationship. However this paper takes position that if there is no objective and reasonably undeniable cause and effect law. If there is no objective and reasonably undeniable causal law, which is the premise for recognizing concrete causal relations, judge should sentence guilty according to "in dubio pro reo" principle. In addition, it is not allowed for the defendant to burden unproven fact by free evaluation of evidence which has an effect of shift of burden of proof.

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Development of the Knowledge-based Systems for Anti-money Laundering in the Korea Financial Intelligence Unit (자금세탁방지를 위한 지식기반시스템의 구축 : 금융정보분석원 사례)

  • Shin, Kyung-Shik;Kim, Hyun-Jung;Kim, Hyo-Sin
    • Journal of Intelligence and Information Systems
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    • v.14 no.2
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    • pp.179-192
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    • 2008
  • This case study shows constructing the knowledge-based system using a rule-based approach for detecting illegal transactions regarding money laundering in the Korea Financial Intelligence Unit (KoFIU). To better manage the explosive increment of low risk suspicious transactions reporting from financial institutions, the adoption of a knowledge-based system in the KoFIU is essential. Also since different types of information from various organizations are converged into the KoFIU, constructing a knowledge-based system for practical use and data management regarding money laundering is definitely required. The success of the financial information system largely depends on how well we can build the knowledge-base for the context. Therefore we designed and constructed the knowledge-based system for anti-money laundering by committing domain experts of each specific financial industry co-worked with a knowledge engineer. The outcome of the knowledge base implementation, measured by the empirical ratio of Suspicious Transaction Reports (STRs) reported to law enforcements, shows that the knowledge-based system is filtering STRs in the primary analysis step efficiently, and so has made great contribution to improve efficiency and effectiveness of the analysis process. It can be said that establishing the foundation of the knowledge base under the entire framework of the knowledge-based system for consideration of knowledge creation and management is indeed valuable.

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Improving on Planting in Small Scale Development - The Case of Seoul - (소규모 대지의 조경 개선방안에 관한 연구 - 서울시를 사례로 -)

  • Cho, Yong-Hyeon
    • Journal of the Korean Institute of Landscape Architecture
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    • v.37 no.5
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    • pp.31-41
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    • 2009
  • Under the Korea Building Act, anyone planning to build a building or buildings on a site over $200m^2$ must plant plants over a specific area. In large scale development this rule is adhered to well, but such is not the case in small scale development. Therefore, special attention must be given to small scale development. Thus, the purpose of this research is to analyze the current situation and practice of planting at small scale development sites in Seoul, and then suggest policies for improving them. In this study using the data covering Seongbuk-Gu and Gangnam-Gu, which was surveyed in 2002, the current situation and practice of planting at small scale development sites was analyzed. After a questionnaire survey was conducted with government officers and building owners, the same analysis was made. Then the policies for improvement were extracted. The results are as follows: 1. In superordinate planning stage, because the minimum standards are too low, those must be strengthened. Any district plan does not control planting in private building lots. This requests active application of planting in private building lots as a design control measure in district planning. 2. In the building design stage, there are no guidelines. The obligation of building set-back between adjacent buildings by the Korean Building Act produces mass shaded and inferior planting beds. The act also is blocking landscape architects' participation in small scale development. And wall installations deteriorate the streetscape and growth of plants with shading. Therefore guidelines must be made. 3. In each stage of the building permit, the permit for building completion, and maintenance the Korean Building Act is blocking landscape architects' participation in small scale development, so the planting plan is completely handled by nonprofessional persons. Therefore, the act should be amended in order to make way for landscape architects' participation in each stage of the small scale development process.

A Study on the Responsibility Judgment and Mental Disorder of Criminal Psychology (책임능력판단에 관한 범죄심리학적 이론과 정신장애 항변 연구)

  • Rim, Sang-Gon
    • Korean Security Journal
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    • no.10
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    • pp.293-322
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    • 2005
  • The culpability of a person, as determined by due process of law, for any of his actions that are defined as criminal. Determination of such responsibility is a legal function, not a psychiatric one, although a psychiatrist may be called upon to present evidence to the court in order to aid the judge or jury in reaching a decision as to responsibility. Determination of responsibility varies with the laws of the state in which the accused is being tried, but in general all states base their laws on three famous judicial decisions concerning criminal responsibility. 1. the M'Naghten(McNaughton) rule(a. to establish such a defense the accused, at the time the act was committed, must be shown to have been laboring under such defect of reason as not to know the nature and quality of the act he was doing, b. if he did know it, he did or know that what he was doing was wrong). 2. the irresistible impulse test. 3. the Durham decision. Under the Durham test, however, the psychiatrist may give any relevant testmony concerning the mental illness at issue. The psychological and behavioral appearance of a person, in clinical psychiatry this term is commonly used to refer to the results of the mental examination of a patient. The written report of the mental status usually contains specific references to the following areas: I. Attitude and General Behavior (1)General health and appearance. (2)General habits of dress. (3)Personal habits. (4)General mood. (5)Use of leisure time. (6)Degree of sociability. (7)Speech. II. Attitude and Behavior during interview (1)Co-operativeness. (2)Poise. (3)Facial expression. (4)Motor activity. (5)Mental activity. (6)Emotional reactions. (7)Trend of thought. III. Sensorium, mental grasp, and capacity (1)Orientation. (2)Memory and retention. (3)Estimate of intelligence. (4)Abstraction ability. (5)Tests of absurdity, interpretation of proverbs. (6)Judgment.

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The Genealogy of Trousers in the Eurasian Region (유라시아 지역 바지 구조의 계보)

  • 김문영;조우현
    • Journal of the Korean Society of Costume
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    • v.53 no.7
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    • pp.95-109
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    • 2003
  • The style of different styles of clothing have been developed by not only the natural environment and social effects. but also by various variables such as the peculiar cultures and religions of different ethnic groups. It is naturally accepted without question that the origin of trousers was derived from the Skytie race in the modern style of dress. And the style of those trousers has changed and developed throughout a long history in different environments and surroundings. As part of the research of the process in this styles of clothing, it is essential to know how the fabric of trousers has been developed and how the styles have been changed because of different weather conditions and different religions. Nowadays, Eurasian countries was scattered from western and eastern Asian countries to middle Asian countries such as Russia, Uzbekistan, Kazakistan, Turkey, Turkmenistan, Iran and China. These countries are located on the way to the Silk Road. They are fully developed in a cultural area among the different religions. In terms of cultural aspects within the different religions, men's trousers had developed the traditional style of this dress as one of the importnat items on the cultural basis. The ranges and types of these traditional trousers are divided by the regions, such as west and southern Asia, central Asia and China. Pakistan, Afghanistan, Iran, Iraq, Syria, Lebanon, Turkey. Jordan, Saudi Arabia, Kuwait and Israel was a part of the west and southern Asian countries which were located between western countries and eastern countries. This tribes wore Shalwar trousers which is a wide style of trousers. Shalwar in the western and eastern Asian region has a specific feature by the each nation but has the same distinctions such as by using very wide and loose style and tying a fine thread around the waist. Some central Asian countries consisted of part of China, Turkmenistan. the Republic of Tajikistan. the Republic of Kyrgyzstan and the Republic of Afganistan. These style of trousers are compound types which appeared with mixing Draperian Greek culture. So it can be inferred from this data that the horse-riding nomadic trousers which had been handed down from Skytie tribe through Persia. The style of the trousers in those regions has small pieces. The style of the trousers in China, which is located on the way to the far eastern countries, has developed new trousers put together two pieces of the textile. These widen trousers can be worn by using a sash belt. So we can find out that those trousers of countries which mentioned above have a common point and a rule.

Representation of China in Ha Jin's Works and the Controversy over Orientalism (하진의 중국재현과 오리엔탈리즘 논쟁)

  • LEE, Su Mee
    • Cross-Cultural Studies
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    • v.38
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    • pp.191-214
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    • 2015
  • Chinese American Writer, Ha Jin has been writing exclusively about the life in his native Communist China. His stories and poems are almost all about the Chinese people so far. In addition, the distinctive Chinese flavour and the inexorably repressive image of China in his works present an 'Other' to the American culture. Such kind of Chineseness can also be found in Ha Jin's works and his career as a writer. The continued demand for knowledge of China, which is created by China's increasingly important role in the globalized economy, sustains the country's position as an Other for America. In his early four novels, Ha Jin portrays a totally repressive image of Communist China, an image of which functions perfectly as a form of otherness for his American readers. In Ha Jin's portrayal, the Chinese masses are subjected to the Communist authority through its bureaucracy and state-economy mechanism, as well as through the godlike image of Mao Zedong. They are to follow the Communist conscience and subscribe to unity-in-difference. Deviation from the one-party rule is intolerable. In each of the novels, Ha Jin presents a specific system of repression. In In the Pond, confrontation against Party authority is contained by a process of complicity. In Waiting, the Party's power is upheld through a system of surveillance in which people act as agents, resulting in a web of power which paralyses love. The Crazed illustrates a play of power by Party officials which, against the backdrop of the Tiananmen Square Massacre, is full of craze itself, driving people either out of sanity or out of the country. War Trash exposes the Communist power's repression to the extreme by presenting a case of dishonour in those whose life is debased as trash by the Party. The repressive image of China produced in these stories, which span over half a century, makes Ha Jin's China a perfect Other for the West. To sum up, Ha Jin's novels construct a repressive image of China. In his novels, Ha Jin exposes the working of repression in particular systems. Through these systems, he problematizes the notion of personal autonomy for Chinese people and proposes for his western/American readers a solution which eventually turns into a re-presentation of American hegemony.

Songgye Na-sik's Literary World and it's Local Base (송계나식(松桂懶湜)의 문학 세계와 지역적 기반)

  • Kim, Jongjin
    • (The)Study of the Eastern Classic
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    • no.62
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    • pp.9-35
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    • 2016
  • This study examined Songgye Na-sik's(松桂懶湜, 1684~1765) literary world based on Priest Songgye's Anthology(松桂大禪師文集). In consideration of the insufficiencies of the only previous study on Songgye's literature, this study was focused on his ideological character and its historicity, the trend of literary exchange in the Buddhist circle, and the literary geographical aspect of his literature. Priest Songgye was the head of the Bonghwa-sa Temple in Andong during the years under the rule of Kings Sukjong and Yeongjo, and learned from Hwanseong Ji-ahn(喚醒志安, 1664~1729) and Nakam Eui-nul(落巖義訥, 1666~1737). The priest did not have many students under him nor leave numerous writings. In the process of the development of the Buddhist doctrines in the late Joseon Dynasty, however, he completed the scripture learning courses faithfully and laid the ground of his philosophy. In addition, the afterword of Hwaeomgyeongchilcheogupumhoipummok (華嚴經七處九會品目跋) shows that he compiled the book under his teacher's instruction. What is more, he is known to have devoted himself to belief in the Pure Land in his late years. Given these backgrounds, the priest's life, writings, and ideological tendencies pursued all of Zen, Hwaeom, and the Pure Land together, and at the same time, reflected the characteristics of Korean Buddhism in the 18th century. The priest steadily cultivated himself in poetry and established his own literary world, and all the outcomes were fully reflected in his anthology. Priest Songgye walked the road of a learner throughout his lifetime but, on the other hand, he established his identity as a literary man in the specific time and space of Andong, Yeongnam in the late Joseon Dynasty.

A Control Method for designing Object Interactions in 3D Game (3차원 게임에서 객체들의 상호 작용을 디자인하기 위한 제어 기법)

  • 김기현;김상욱
    • Journal of KIISE:Computing Practices and Letters
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    • v.9 no.3
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    • pp.322-331
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    • 2003
  • As the complexity of a 3D game is increased by various factors of the game scenario, it has a problem for controlling the interrelation of the game objects. Therefore, a game system has a necessity of the coordination of the responses of the game objects. Also, it is necessary to control the behaviors of animations of the game objects in terms of the game scenario. To produce realistic game simulations, a system has to include a structure for designing the interactions among the game objects. This paper presents a method that designs the dynamic control mechanism for the interaction of the game objects in the game scenario. For the method, we suggest a game agent system as a framework that is based on intelligent agents who can make decisions using specific rules. Game agent systems are used in order to manage environment data, to simulate the game objects, to control interactions among game objects, and to support visual authoring interface that ran define a various interrelations of the game objects. These techniques can process the autonomy level of the game objects and the associated collision avoidance method, etc. Also, it is possible to make the coherent decision-making ability of the game objects about a change of the scene. In this paper, the rule-based behavior control was designed to guide the simulation of the game objects. The rules are pre-defined by the user using visual interface for designing their interaction. The Agent State Decision Network, which is composed of the visual elements, is able to pass the information and infers the current state of the game objects. All of such methods can monitor and check a variation of motion state between game objects in real time. Finally, we present a validation of the control method together with a simple case-study example. In this paper, we design and implement the supervised classification systems for high resolution satellite images. The systems support various interfaces and statistical data of training samples so that we can select the most effective training data. In addition, the efficient extension of new classification algorithms and satellite image formats are applied easily through the modularized systems. The classifiers are considered the characteristics of spectral bands from the selected training data. They provide various supervised classification algorithms which include Parallelepiped, Minimum distance, Mahalanobis distance, Maximum likelihood and Fuzzy theory. We used IKONOS images for the input and verified the systems for the classification of high resolution satellite images.

A Case Study on the Practice of 'Science Inquiry Experiment' in the 2015 Revised National Curriculum: An Understanding in the Perspective of Cultural-Historical Activity Theory(CHAT) (2015 개정 교육과정의 '과학탐구실험' 실행에 대한 사례연구 -문화역사적 활동이론(CHAT) 측면에서의 이해-)

  • Shin, Soyeon;Park, Chulkyu;Lee, Chang Youn;Hong, Hun-Gi
    • Journal of The Korean Association For Science Education
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    • v.38 no.6
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    • pp.885-899
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    • 2018
  • As 'Science Inquiry Experiment' is newly introduced in the high school curriculum, where inquiry and experiment oriented education is insufficient, this study aims to analyze teacher's practice of 'Science Inquiry Experiment' in depth and identify contradictions during its process in the perspective of Cultural Historical Activity Theory. The research participant is teacher SHIN who is exclusively responsible for Science Inquiry Experiment. Starting with reflection on the practice of Science Inquiry Experiment class conducted in the first semester, interviews with participants, participatory observation and local materials were used during the 2nd semester's Science Inquiry Experiment class. A descriptive analysis of the teacher SHIN's practice of Science Inquiry Experiment was carried out and the contradictions in the activity system of the teacher SHIN were identified. The result reveals that in the overall practice of teaching Integrated Science and Science Inquiry Experiment, there were contradictions between teacher SHIN's recognition about cooperation(subject) and shared responsibility with other teachers(division of labor), and between teacher SHIN's recognition about the subjects(subject) and contrasting contents in teacher training courses(community). In the practice of teaching Science Inquiry Experiment, there were specific contradictions between teacher SHIN's recognition about the subject(subject) and time of job assignment(rule), between experimental activities(object) and experimental tools(tool), and between purpose of the subject(object) and directions about assessment(rule). These contradictions directly or indirectly influence the practice of teaching Science Inquiry Experiment. There needs to be support for constructing an activity system capable of supporting and promoting teachers' practice of Science Inquiry Experiment, and we made several suggestions to resolve the problems.