Guarantee Mechanism Research Articles

Legal status and labor legal entity in the science of labor law

The article is devoted to the category of legal status and labor legal personality in the science of labor law, represents the ratio of the terms “person” and “personality”. Legal personality is a fundamental legal category because it determines the ability of a person to own the law. Legal personality is a developing legal property that reflects the specifics of social relations, the peculiarities of socio-economic formation, determine the place of the individual in society as a whole, and the field of a particular branch of law in particular. The realities of a market economy objectively necessitate a clear definition of legal personality as a fundamental legal category in the field of labor law to ensure the priority of contractual regulation of legal relations on the use of hired labor and, at the same time, effective implementation of the protective function of labor law. The author singles out three types of legal status: general (single) legal status for all citizens of our state; general status for all employees (employees); special or special status for certain categories of workers.Legal status is one of the central concepts of modern legal science, it was developed by many scholars of both the Soviet and modern periods. 
 The author substantiates that the key elements of the legal status of the employee in labor relations are his legal personality. Particular attention is paid to the structure of the legal personality of the employee. It is proved that the legal capacity and capacity of the employee are the only indivisible phenomenon - legal personality. Substantiations are presented that the second necessary element of the legal personality of the employee is the ability to work. The current legal and legal status of the individual in almost the entire post-Soviet space is characterized by such features as extreme instability, weak legal protection, lack of reliable guarantee mechanisms, the inability of state authorities to effectively ensure the interests of citizens, their right to life, freedom, honor, dignity, property, security, equality, social justice and more.

Penerapan Eksekusi Jaminan Fidusia Pada Benda Bergerak Terhadap Debitur Wanprestasi

This article or writing aims to discuss the Fiduciary Guarantee Law which has provided rules regarding the execution of the Fiduciary Guarantee object, but the fact is that in the field executions carried out by financial institutions do not comply with the applicable laws and regulations. carried out by financial institutions deviations and acts against the law occur. The obligation to register fiduciary guarantees is strengthened by the existence of PMK RI Number 130/PMK.010/2012 concerning Registration of Fiduciary Guarantees for finance companies that carry out consumer financing for motor vehicles with the imposition of fiduciary guarantees. The discussion focuses on how the provisions of Indonesian National law regulate the execution of fiduciary guarantees on movable objects against defaulting debtors? and how is the execution mechanism of fiduciary guarantees on movable objects against defaulting debtors. The procedure used to collect data in this study is in the form of documentation, namely the guidelines used in the form of notes or quotes, searching for legal literature, books and others related to the identification of problems in this study both offline and online. Analysis of legal materials is carried out using the content analysis method (centent analysis method) which is carried out by describing the material of legal events or legal products in detail in order to facilitate interpretation in the discussion. This paper will then be analyzed qualitatively. The purpose of this study is to find out the provisions of Indonesian National law governing the execution of fiduciary guarantees on movable objects against defaulting debtors and the mechanism of execution of fiduciary guarantees on movable objects against defaulting debtors. This study concludes that Fiduciary is the transfer of ownership rights to an object on the basis of trust provided that the object whose ownership rights are transferred remains in the control of the owner of the object. Article 1 of Law Number 42 of 1999 concerning Fiduciary Security (Law Number 42 of 1999 concerning Fiduciary Guarantee ). While Fiduciary Guarantee is a guarantee right on movable objects, both tangible and intangible and immovable objects, especially buildings that cannot be encumbered with mortgage rights as referred to in Law Number 4 of 1996 concerning Mortgage Rights which remain in the control of the Fiduciary Giver, as collateral for the repayment of certain debts, which gives priority to the Fiduciary Recipient over other creditors. (Article 1 of Law Number 42 of 1999 concerning Fiduciary Security).

The Impact of Guarantees on Peer-to-Peer Lending Platform: Evolutionary Game Analysis and Empirical Evidence from China

The peer-to-peer lending market has developed rapidly over the past decade and reveals a severe problem of information asymmetry. This research constructed a four-party evolutionary game model to analyze the influence pathway of the guarantee mechanism on the users’ participation of the peer-to-peer lending platform and conducted an empirical study applying the mediating effect model and simultaneous equation model based on data of China’s peer-to-peer lending platform. The theoretical model shows that the guarantee mechanism reduced the participation of borrowers of the peer-to-peer lending platform through a screening effect, but increased the participation of investors through a signal effect. In the case of the platform self-guarantee, there existed a self-screening effect, whose influence on the participation of investors depended on the strength of external constraints imposed on the platform enterprises. Further, the empirical study shows that during the sample period, the platform self-guarantee mechanism reduced the scale of borrowers and investors of the peer-to-peer lending platform at the same time, thus reducing the transaction volume of the platform. Although the third-party guarantee mechanism reduced the scale of borrowers, it increased the scale of investors, and the comprehensive effect was to increase the transaction volume of the platform. On this basis, this research puts forward suggestions such as strengthening the qualification examination of the platform enterprises, transforming the platform self-guarantee mechanism into the third-party guarantee mechanism, and introducing more signal mechanisms.

The Guidance Mechanism Innovation of College Students1 Ideological Trends in the View of Implicit Education

Under the influence of network public opinion, in order to reduce the probability of ideological problems and ideological deviation of college students, the guidance mechanism of college students’ ideological trends is innovatively studied from the perspective of implicit education. This paper analyzes the concept of implicit education and the structure of guiding mechanism, and takes it as the theoretical basis of guiding mechanism innovation. Then the current situation of college students’ ideological trends guidance mechanism is studied, to obtain the results of quantitative data analysis, and the achievements and problems of the guidance mechanism at this stage are summarized. Combined with the influence of network public opinion on college students’ ideological trends, in order to solve the problem of current ideological trends guidance, the paper puts forward the overall principles of controlling the guidance mechanism, updating the implicit ideological education concept, innovating the guidance methods, and improving the guarantee mechanism. From the results of empirical analysis, the application of the proposed innovation path of guidance mechanism to the actual ideological trends of college students can effectively reduce the proportion of students with ideological problems, that is, the effect of ideological guidance is more obvious.

Accelerating the speed and scale of climate finance in the post-pandemic context

ABSTRACT In this paper, we examine how to trigger a wave of low-carbon investments compatible with the well-below 2°C target of the Paris Agreement in the current post-pandemic context of increasing private and public debt. We argue that one major obstacle to catalysing global excess savings at sufficient scale and speed on climate mitigation, and to ‘greening’ economic recovery packages, lies in the up-front risks of low-carbon investment. We then explain why public guarantees should be the preferred risk-sharing instrument to overcome that obstacle. We outline the basic principles of a multilateral sovereign guarantee mechanism able to maximize the leverage effect of public funds and massively redirect global savings towards low-carbon investments, with the double benefit of bridging the infrastructure investment gap in developing countries and reducing tension between developed and developing countries around accelerated funding for low-carbon transitions. We carry out numerical simulations demonstrating how the use of guarantees from AAA-rated sovereigns, calibrated on an agreed-upon ‘social value of carbon’, is compatible with public-budget constraints of developed countries. In summary, the use of such guarantee mechanisms provides a new form of ‘where flexibility’, which could turn real-world heterogeneity into a source of reciprocal gains for both developed and developing countries, and contribute to meeting the USD 100 billion + pledge of the Paris Agreement. Key Policy Insights Catalysing excess world savings through low-carbon investments (LCIs) would secure a safer and fairer economic recovery from the COVID-19 crisis and avoid locking developing countries into carbon-intensive pathways. Public policy instruments focused on the creation of public guarantees can reduce the up-front financial risks associated with LCIs, mobilize private money and increase the leverage of public finance. A multi-sovereign guarantee mechanism would yield financial support from developed to developing countries in cash grant equivalent and equity inflows two to four times higher than the ‘USD 100 billion and more’ commitment of the Paris Agreement, and provide greater confidence in meeting this commitment equitably and effectively with benefits for all.

How crop insurance influences agricultural green total factor productivity: Evidence from Chinese farmers

As an effective risk guarantee mechanism, crop insurance can not only disperse agricultural operation risk, but also guide the agricultural green development. Based on Chinese provincial panel data from 2002 to 2015, this paper uses SBM-GML (Global-Malmquist-Luenberger) index model to measure agricultural green total factor productivity and systematically examines the impact of crop insurance on agricultural green total factor productivity as well as its mechanism. This study supplements the determinants of agricultural green total factor productivity. It is found that crop insurance has a significant positive impact on agricultural green total factor productivity. The promotion effect of crop insurance on agricultural green total factor productivity increases with the expanded use of agricultural green technologies such as precision sowing, deep fertilization, subsoiling and no-tillage. Moreover, our results show that the role of crop insurance in promoting agricultural green total factor productivity increases with the increase in operational scales. In addition, compared with food crops, the promotion effect is stronger for cash crops. Therefore, the Chinese government should continue to support the implementation of crop insurance policy. It is necessary to not only increase crop insurance subsidies, but also set up differentiated subsidy systems in different operational scales and planting structures to promote agricultural green development.

A Study of the Mechanism of Community Participation in Resilient Governance of National Parks: With Wuyishan National Park as a Case

A community can serve as a force that pushes national parks to realize sustainable development, while community participation is critical to the relationship between national park protection and community development. Therefore, the present study explored the community’s participation in the construction of Wuyishan National Park (hereinafter referred to as the Park) by means of case analysis and qualitative research. The research outcomes showed that the community’s participation was led by the authorities, which is a typical example of “passive participation”. In addition, the governing body of the Park and its communities did not form a sound organization that enabled them to manage and protect the Park in concerted efforts. In other words, they did not work well together, and had not yet established an effective community participation mechanism. Moreover, there were three major problems about the community’s participation in the Park’s governance: The community lacked the ability to take part in it, its participation took limited forms, and it displayed little initiative in the participation. To solve these problems, the present research proposes four mechanisms to improve community participation regarding technological, structural, social, and institutional resilience, i.e., intelligent guidance mechanism, nested organization mechanism, social mobilization mechanism, and institutional guarantee mechanism, respectively.

The upgrade of data processing and storage system for EAST NBI

Inspired by the ITER organization's CODAC system, the current experimental system architecture is being progressively redesigned using the experimental physics and industrial control system (EPICS) to meet the needs of future long pulse experiments. As part of the overall experimental system, the data processing and storage system (DPSS) is mainly used to provide services of data processing and data storage for the experimental system. However, with the data processing mechanism of the previous DPSS, the previous experimental system is unsatisfactory in terms of real-time experimental data feedback, and the data processing mechanism of the previous DPSS is not compatible with the new architecture. Given that the original DPSS no longer fits the current experimental characteristics in terms of both functionality and demand so that it is necessary to redesign and upgrade the original DPSS to adapt to the new architecture. In view of the soft real-time and distributed characteristics of EPICS, the upgraded DPSS will be redesigned based on the data processing mechanism of EPICS. And it uses an adaptive strategy that allows the experimental system to automatically match more appropriate data uploading modes according to the rate of data acquisition. For this purpose, a data transmission protocol based on the TCP/IP protocol has been proposed. With regard to software optimization, the upgraded DPSS uses technologies of double-buffer and MMAP to optimize data exchanging between memory spaces. In terms of data storage, the upgraded DPSS adopts the segment strategy to manage experimental data efficiently. In addition, to prevent problems caused by abnormal circumstances, a guarantee mechanism for data storage is provided in the upgraded DPSS. After being tested, the upgraded DPSS will later be integrated into the general control system of EAST NBI.

Research on the Coupling Mechanism of Creative Spirit Cultivation and Scientific and Technological Innovation Development

Migration and innovation is the driving force of scientific and technological development. By analyzing the coupling relationship between the two, this paper finds out the common elements shared by the two factors, and constructs the coupling guarantee mechanism between them, so as to provide suggestions for the coordination, win-win and synchronous benign development of the spirit of makers and the development of scientific and technological innovation, and promote the sustainable development of the national innovation system.

Legal status and labor legal entity in the science of labor law

The article is de-voted to the category of legal status and labor legal personality in the science of labor law, represents the ratio of the terms “person” and “personality”. Legal personality is a fundamental legal category because it determines the ability of a person to own the law. Legal personality is a developing legal property that reflects the specifics of social relations, the peculiarities of socio-economic formation, determine the place of the individual in society as a whole, and the field of a particular branch of law in particular. The realities of a market economy objectively necessitate a clear definition of legal personality as a fundamental legal category in the field of labor law to ensure the priority of contractual regulation of legal relations on the use of hired labor and, at the same time, effective implementation of the protective function of labor law. The author singles out three types of legal status: general (single) legal status for all citizens of our state; general status for all employees (employees); special or special status for certain categories of workers.Legal status is one of the central concepts of modern legal science, it was developed by many scholars of both the Soviet and modern periods. 
 The author substantiates that the key elements of the legal status of the employee in labor relations are his legal personality. Particular attention is paid to the structure of the legal personality of the employee. It is proved that the legal capacity and capacity of the employee are the only indivisible phenomenon - legal personality. Substantiations are presented that the second necessary element of the legal personality of the employee is the ability to work. The current legal and legal status of the individual in almost the entire post-Soviet space is characterized by such features as extreme instability, weak legal protection, lack of reliable guarantee mechanisms, the inability of state authorities to effectively ensure the interests of citizens, their right to life, freedom, honor, dignity, property, security, equality, social justice and more.

Impact of sci-tech finance on the innovation efficiency of China's marine industry

To realize the high-quality development of China's marine economy, it is important to vigorously promote blue finance and increase the support of science and technology finance for the innovation development of the marine industry. Based on the existing literature research, this paper uses two-step empirical evidence to investigate the role of science and technology finance on the innovation efficiency of the marine industry by combining the development status of science and technology innovation, science and technology finance in the marine industry. The results of the study show that government financial investment in science and technology finance has a significant contribution to the innovation efficiency of the marine industry; The innovation efficiency of marine industry is positively but not significantly affected by the investment of enterprises' funds in science and technology, and the innovation efficiency is inhibited by the investment in entrepreneurial risk management. In addition, there are still large differences in the efficiency of innovation in the marine industry among different regions. Moreover, we propose the government support the marine industry science and technology innovation fully, optimize risk investment and improve the investment return guarantee mechanism, and unblocked the indirect financing channels of the financial market for the sea-related science and technology innovation enterprises, and give policy recommendations to develop the marine industry science and technology innovation activities.

Can individual investors learn from experience in online P2P lending? Evidence from China

This study utilizes an account-level dataset from a large Chinese online peer-to-peer (P2P) lending platform (PPdai.com) to examine whether and how P2P investors rationally learn from their experience. First, this study uses a Cox proportional hazard model to explore the influence of an investor’s initial ability on exit behavior. Then, a normal learning model is used to estimate the relationship between investor performance and experience. Finally, we develop a two-stage learning model to analyze the extent to which improvements in investor performance are driven by the effect of endogenous exit and the extent to which they are driven by increases in experience. The empirical results show that P2P investors learn rationally in two ways: the first way is by learning about their ability; the second way is by learning to improve their performance. The implications of these findings include the following: (a) P2P investors learn from experience to improve their performance without a guarantee mechanism; (b) Both ways of learning play an important role in alleviating investors’ adverse selection; and (c) for P2P platforms, introducing tests or screening mechanisms to reveal new investors’ ability and to exclude investors with low ability might be more valuable than retaining all investors.

P‐3.6: A training system for the rescue process of acute and severe diseases based on AR

China is one of the countries with the most serious natural disasters in the world. Hidden dangers and risks of all kinds of accidents are intertwined and superimposed, and the factors affecting public safety are increasing. It is urgent to strengthen the construction of emergency medical rescue capacity. During the nineteenth collective learning of the Central Political Bureau, general secretary Xi Jinping stressed that we should strengthen the capacity building of aviation emergency rescue and improve the airspace guarantee mechanism for emergency rescue. As the most important aerial medical evacuation platform, helicopter has the advantages of fast response, strong mobility, wide rescue range, direct arrival at the first line of treatment, etc. it has become an important means of modern rescue, and also the only way to open life treatment in case of land damage. From the international experience, the helicopter emergency medical system established by most developed countries plays an important role in disaster relief and anti‐terrorism. China has a large population, complex terrain and uneven regional development. In case of disasters, the casualties are often more severe and the demand for treatment is more urgent. It is urgent to establish an aviation medical emergency rescue system suitable for the national conditions and with helicopters as the main carrier, and accelerate the research and development of key technical equipment.In recent years, more and more people realize the necessity and benefits of the application of interactive technology for aviation medical simulation training in major events and disasters. Interaction refers to the transmission and exchange of intelligence, data, data and technical knowledge in all aspects of nature and society. From the perspective of information theory, local chronicles are a tangible text information carrier, which collects all kinds of information in a certain region. Interactive technology is to use certain means to achieve the purpose of interaction, and gradually enter the era of multi field application! In thefield of aviation medical rescue, it is in urgent need of penetration and integration.This paper mainly develops an AR emergency rescue process training system. Through the creation of data sets, action recognition based on computer vision and deep learning, the selection of recognition model and action capture, the action is recognized based on AR, and then 22 joint points of human hand and upper arm skeleton are taken to label the data space position. Through the above learning results, we can get the real‐time hand recognition based on depth information Upper arm skeleton output. Neural network is used to recognize human skeleton action. The skeleton information coordinates are imported into RNN neural network for deep learning. Finally, based on the complementarity of CNN and LSTM, combined with the idea of dual stream structure network, the action recognition is carried out.

The Construction of Students' Psychological Associations and Health Theory Education in Higher Vocational Colleges

Currently, one of the places where young people gather most is higher vocational colleges. Higher vocational college students with different training goals, different ideals and from different cultural backgrounds will inevitably create a rich and colorful campus culture, and the hobbies of vocational college students will become richer with the progress of society. At the same time, different ideals and different cultural backgrounds will also have a certain impact on the psychological status of students in higher vocational colleges. Psychological club activities of students in vocational colleges are an important carrier and effective form of mental health education in colleges and universities. They play a very important role in improving students' mental quality, strengthening their mental abilities, and strengthening mental health education. Based on this, this article studies the construction of psychological associations and health theory education for students in higher vocational colleges. This article first analyzes the current research status of mental health education and student psychology associations, and understands the problems and reasons in the construction of student psychology associations; then this article proposes a long-term mechanism to improve the construction of student psychology associations in higher vocational colleges, and a detailed analysis of the motivation mechanism, management mechanism and guarantee mechanism of student psychology associations is made. Finally, this article conducted a questionnaire survey on 200 students from a domestic higher vocational college. The main content of the survey is the student psychology associations of higher vocational colleges. The degree of help to the students and the degree of satisfaction of the students with the psychological club. The results of the survey show that the psychological clubs are still more helpful to the students, and the students are relatively satisfied with the psychological clubs.

Strategic Priority for Greening the Kuzbass Economy: Land Rehabilitation Fund

In the article, according to the theory and methodology of strategizing of academician V. L. Kvinta substantiates the strategic priority of greening the economy of Kuzbass: the land reclamation fund. This strategic priority has become part of the one developed by the team of of Lomonosov Moscow state University under the leadership of academician V. L. Kvinta Strategies for socio-economic development of the Kemerovo region — Kuzbass until 2035.The most serious environmental problem of Kuzbass is a significant lag in the rate of land reclamation from the rate of their violation by open mining operations, and the lack of accurate data on the area of disturbed land. The most serious ecological problem of Kuzbass is a significant lag in the rate of land reclamation from the rate of its disturbance by open pit mining, and the lack of accurate data on the area of disturbed land. The creation of the Kuzbass land reclamation fund, as an economic mechanism of financial guarantees, will make it possible to carry out work on the restoration of disturbed lands at the expense of coal mining enterprises, the authorities of the Kemerovo region will ensure monitoring and control over the reclamation behavior.The strategic initiative reflects the interests of Russia localized in the Kemerovo region, the interests of the region and its residents, its implementation will significantly improve the environmental situation in the region, restore the value of the land and ensure the possibility of its further use, including in agriculture and forestry, compatible with comfortable living of people subsoil use in the region. The strategic priority is backed by competitive advantages and all types of resources.

A novel pathway for the preparation of Mg metal from magnesia

High-purity anhydrous magnesium chloride was prepared from magnesia and ammonium chloride. The chlorination process was analyzed and then the critical stages affecting the purity of anhydrous magnesium chloride were pinpointed. The effect of sample dimension on the above critical stages was investigated respectively. The purity guarantee mechanism of anhydrous magnesium chloride was proposed. After that, magnesium metal was obtained via electrolyzing the anhydrous magnesium chloride-containing molten salt. The new process for the continuous production of magnesium metal from magnesia was proposed and discussed. The incomplete chlorination reaction and the hydrolysis of anhydrous magnesium chloride are the two critical stages affecting the purity of the anhydrous magnesium chloride. The dimension of the sample can influence reaction process and reaction mechanism, and thus the problems of incomplete chlorination reaction and hydrolysis can be solved together. The magnesia content in anhydrous magnesium chloride was below 0.1 wt.% when the ratio of height to diameter of the sample was over 2.43. The content of impurities in the magnesium metal obtained met the specifications of the product Mg9980. The current efficiency was (94.7±1.8)% and the electricity consumption was (9107±97) kW h/t.

Could the collective guarantee mechanism be detrimental to individuals’ international litigation capacity?

Could the collective guarantee mechanism be detrimental to individuals’ international litigation capacity?

Влияние поправок в Конституцию Российской Федерации на отдельные институты финансового права

In the article it is considered the content of the Constitutional amendments organizing the directions of the state’s social policy, approved as a result of the all-Russian vote in 2020, from the perspective of the financial opportunities of public law entities for the implementation of the adjusted mechanism of social guarantees. The authors analyzed the nature of changes in the certain institutions of financial law, on the basis of which the consequences were established both for the management of centralized monetary funds and other spheres of the state’s life. During the research the invariability of public finances as a result of equating the minimum wage to the subsistence minimum and declaring guarantees affecting compulsory social insurance, in the country’s fundamental law, was justified. It is noted the modification of the procedure for the formation, distribution and use of the centralized monetary funds due to amendments regulating other social measures requiring the attraction of additional income sources for their implementation. Due to the deteriorating economic situation in the country and at the same time, the increase in expenditure obligations of public law entities in the field of social guarantees proposals have been developed to reduce the risk of irrational waste of budget funds by redistributing the financial burden between the levels of the budget system.

The Ways of College Mental Health Education Based on Big Data

The advent of the era of big data(BD) has imperceptibly changed our life, work and study. For CS, the era of BD has created a new social environment. Under the current situation, there are new opportunities and challenges for the development of college students(CS)’ mental health education(MHE). In the process of MHE, we should establish and apply BD guarantee mechanism for quantitative research. We should use BD to carry out MHE for CS, and explore new ways of CS’ Psychological Education under the background of BD era. As an important part of Ideological and political education, MHE in Colleges and Universities(CAU) has been widely concerned, especially the mental health problems of CS. The results show that 66.2% of the students and teachers are not satisfied with the MHE. It is necessary to reform and innovate the methods of health education. Based on the characteristics of BD era, we analyze the impact of BD era on CS’ MHE. This paper puts forward the strategy of CS’ MHE, in order to improve the effectiveness of psychological education, and then through the innovation and reform of school MHE methods, better adapt to the development of education informatization.

Policy Analysis of Educational Services for the One Belt One Road Initiative under the covid-19 Epidemic

Abstract Education undertakes the era mission of serving China’s external development strategy, and provides comprehensive personnel support, constructive intellectual support, shared humanistic exchanges, and harmonios understanding of value for the interconnections among countries along the One Belt One Road (obor). Since 2014, China’s policies on “education + ‘One Belt One Road’” have been continuously refined and expanded, and a policy system of education’s services for the obor initiative has been initially formed, which providing high-quality and top-level designs for promoting the construction of obor initiative. Educational services for the obor initiative are facing new challenges and opportunities under the global covid-19 epidemic. For example, the international misunderstandings and stigmatizations bring opportunities for introspecting the construction of China’s international discourse system; the traditional cooperation modes of offline education is blocked, which brings opportunities for exploring new forms of educational services; the contents and modes of education are becoming increasingly diversified, putting forward higher requirements for the comprehensive qualities of each educational subject. In the future period of normalization of epidemic prevention and control, it is urgent to improve the quality of educational services by maintaining strategical focuses, such as deepening the educational opening up and cooperation, optimizing the personnel training concepts and teaching modes, and improving the guarantee mechanism.