The Principle of Administrative Law and Judicial Application Based on E-commerce Model

2021 ◽  
Vol 7 (5) ◽  
pp. 3507-3518
Author(s):  
Haitao Sun
Keyword(s):  
Simulation Experiment ◽  
Administrative Law ◽  
Negotiation Process ◽  
Mobile Internet ◽  
Effective Control ◽  
Administrative Power ◽  
System A ◽  
Automatic Negotiation ◽  
Principle Of Proportionality ◽  
Negotiation Mechanism

Objectives: As a principle that controls the rational exercise of administrative power, the principle of proportionality is adopted by other legal systems because of its reasonable structure and effective control of administrative power. Methods: In this paper, in the information technology environment of mobile internet and based on the e-commerce model, the proportional principle of administrative law and its judicial application were studied. Results: Mainly the principle of proportionality in administrative law was introduced into the e-commerce negotiation system. A specific example in the context of e-commerce was selected to simulate the entire automatic negotiation process. Conclusion: The simulation experiment results were analyzed and summarized, which shows the advantages of the automatic negotiation mechanism proposed in this paper.

DETERMINING ROBUST PARAMETERS IN STABILIZING SET OF BACKSTEPPING BASED NONLINEAR CONTROLLER FOR SHIP COURSE KEEPING

2021 ◽  
Vol 158 (A3) ◽  
Author(s):  
X K Zhang ◽  
G Q Zhang
Keyword(s):  
Closed Loop ◽  
Simulation Experiment ◽  
Empirical Knowledge ◽  
Backstepping Method ◽  
Nonlinear Controller ◽  
Closed Loop System ◽  
Robust Performance ◽  
System A ◽  
Uniformly Asymptotic Stability ◽  
Novel Method

In order to solve the problem that backstepping method cannot effectively guarantee the robust performance of the closed-loop system, a novel method of determining parameter is developed in this note. Based on the ship manoeuvring empirical knowledge and the closed-loop shaping theory, the derived parameters belong to a reduced robust group in the original stabilizing set. The uniformly asymptotic stability is achieved theoretically. The training vessel “Yulong” and the tanker “Daqing232” are selected as the plants in the simulation experiment. And the simulation results are presented to demonstrate the effectiveness of the proposed algorithm.

scholarly journals The Principle of Proportionality in Comparative Perspective

2007 ◽  
Vol 8 (9) ◽  
pp. 835-869 ◽  
Author(s):  
Margherita Poto
Keyword(s):  
Member State ◽  
Political Institutions ◽  
Separation Of Powers ◽  
Administrative Law ◽  
Legal Order ◽  
Comparative Perspective ◽  
European Identity ◽  
Law System ◽  
Principle Of Proportionality ◽  
The Eu

This contribution will contain an analysis of important European dynamics, particularly at this moment when it seems to be necessary to restart the process of a unified European identity, which was, in a way, compromised after the failure of the EU Constitution and the difficulty of giving effectiveness to democracy:the EC professes democracy without being democratic. Thus the fragility of its political institutions, inherently perilous, necessarily reflects on the legitimacy of its legal order, while the constitutional balance intrinsic to the separation of powers ideal is dangerously absent. In other words, while in every Member State, the administrative law system forms part of a working system, this is not the case in the Community.

The Reasonableness of Proportionality in the Australian Administrative Law Context

2015 ◽  
Vol 43 (1) ◽  
pp. 59-90
Author(s):  
Janina Boughey
Keyword(s):  
Judicial Review ◽  
Separation Of Powers ◽  
Administrative Law ◽  
High Court ◽  
Administrative Action ◽  
Principle Of Proportionality ◽  
Prevailing View

Although the High Court has never ruled on the issue, the prevailing view has been that unless parliaments enact bills of rights, the principle of proportionality does not and cannot play a role in judicial review of administrative decisions in Australia. Yet in Minister for Immigration and Citizenship v Li, a majority of the High Court hinted that this may not be the case. This article analyses the reasons for Australia's longstanding reluctance to embrace proportionality in the administrative law context, and whether the decision in Li has altered this position. It then explores overseas developments in proportionality review which reveal that the principle may take on many forms in the administrative law context, with differing implications for the separation of powers. The article finds that it might be possible to accommodate certain methods of applying proportionality within Australia's judicial review framework, but not without significant broader changes to judicial review of administrative action in Australia.

Research on the Method of Equipment Maintenance Support Simulation Experiment Based on Exploratory Analysis

2012 ◽  
Vol 198-199 ◽  
pp. 756-760
Author(s):  
Ying Wu Peng ◽  
Qing Min Li ◽  
Min Zhi Ruan ◽  
Ding Xiao
Keyword(s):  
Decision Making ◽  
Support System ◽  
Simulation Experiment ◽  
System Simulation ◽  
Spare Part ◽  
Exploratory Analysis ◽  
Equipment Maintenance ◽  
System A ◽  
Set Up ◽  
Support Decision Making

Aiming at the character of complexity and uncertainty on equipment maintenance support system, a method named equipment maintenance support simulation experiment was brought forward to study maintenance support problem based on exploratory analysis, which was applied to support decision-making about uncertain support scheme alternatives. The main characteristics of EMSSE were analyzed in detail, and the working flow was designed. Finally, in an example about warship maintenance support system simulation model which was set up, the optimal scheme of various storehouse inventory distributions for spare part was gotten. The optimization result was consistent with the basic principle under the three-echelon maintenance support pattern, and validates that EMSSE is feasible and reasonable to supply uncertain decision assistance for equipment support.

Research on Warship Maintenance Support Simulation System Based on the Method of Equipment Maintenance Support Simulation Experiment

2012 ◽  
Vol 198-199 ◽  
pp. 905-910
Author(s):  
Ying Wu Peng ◽  
Qing Min Li ◽  
Rui Wang ◽  
De Jun Mao
Keyword(s):  
Decision Making ◽  
System Design ◽  
Support System ◽  
Simulation Experiment ◽  
Interface Layer ◽  
Simulation System ◽  
Equipment Maintenance ◽  
Time Layer ◽  
System A ◽  
Data Layer

Equipment maintenance support simulation experiment (EMSSE) is a method of studying maintenance support problem about decision-making about uncertain support scheme alternatives. Aiming at the character of complexity and uncertainty on the warship equipment maintenance support system, a type of structure applied to the warship equipment maintenance support simulation system was brought forward to support EMSSE based on the functional demand of system, and the interface layer, running-time layer, and data layer were analyzed in detail , and the executing process was designed. Finally, a warship maintenance support simulation system (WMSSS) which was developed and realized based on system design, which was used to make an experiment. The result of simulation experiment validates that WMSSS is feasible and reasonable to supply uncertain decision assistance for warship maintenance equipment support.

scholarly journals Records, Reasons and Rationality in Judicial Control of Administrative Power: England, the US and Australia

2015 ◽  
Vol 48 (3) ◽  
pp. 309-328
Author(s):  
Peter Cane
Keyword(s):  
United States ◽  
Administrative Law ◽  
The Other ◽  
Judicial Control ◽  
Administrative Record ◽  
Administrative Power ◽  
The Us ◽  
The One

This article analyses, from historical and comparative perspectives, three closely related concepts of administrative law – namely records, reasons and rationality. It finds that the concept of the ‘administrative record’ is far more significant in United States administrative law than in either English or Australian administrative law, and suggests why this might be so. The importance of the record in US law explains why it imposes stronger obligations on administrators to give reasons than does either English or Australian law. It also explains why terms such as ‘rationality’ and ‘reasonableness’ have significantly different meanings in US administrative law on the one hand, and English and Australian law on the other.

scholarly journals Control Simulation Experiment with the Lorenz’s Butterfly Attractor

2021 ◽  
Author(s):  
Takemasa Miyoshi ◽  
Qiwen Sun
Keyword(s):  
Simulation Experiment ◽  
Initial Conditions ◽  
Weather Prediction ◽  
Effective Control ◽  
Observation Error ◽  
Small Perturbations ◽  
Control Simulation ◽  
Starting Point ◽  
Nwp Model ◽  
Systems Simulation

Abstract. In numerical weather prediction (NWP), the sensitivity to initial conditions brings chaotic behaviors and an intrinsic limit to predictability, but it also implies an effective control in which a small control signal grows rapidly to make a substantial difference. The Observing Systems Simulation Experiment (OSSE) is a well-known approach to study predictability, where “the nature” is synthesized by an independent NWP model run. In this study, we extend the OSSE and design the control simulation experiment (CSE) where we apply a small signal to control “the nature”. Idealized experiments with the Lorenz-63 three-variable system show that we can control “the nature” to stay in a chosen regime without shifting to the other, i.e., in a chosen wing of the Lorenz’s butterfly attractor, by adding small perturbations to “the nature”. Using longer-lead-time forecasts, we achieve more effective control with a perturbation size less than only 3 % of the observation error. We anticipate our idealized CSE to be a starting point for realistic CSE using the real-world NWP systems, toward possible future applications to reduce weather disaster risks. The CSE may be applied to other chaotic systems beyond NWP.

Public Audit Accountability

2020 ◽  
pp. 789-810
Author(s):  
Alex Brenninkmeijer ◽  
Laura Frederika Lalikova ◽  
Dylan Siry
Keyword(s):  
Good Governance ◽  
Administrative Law ◽  
International Standards ◽  
Administrative Power ◽  
Point Of Entry ◽  
Administrative Practice ◽  
European Court ◽  
Relationship Of ◽  
The Eu

This chapter provides a comparative account of the role played by supreme audit institutions (SAIs) from across the EU, and the European Court of Auditors (ECA) in controlling administrative power. It demonstrates how audit can encourage good administrative practice and good governance by promoting administrative accountability. Rather than carrying little real impact, public audit institutions reinforce a society’s legal, institutional, and financial frameworks, acting as a potential deterrent against administrative overstep. Audit and administrative law are linked both in their substantive rules, and in their role of upholding government legitimacy through accountability. This chapter thus uses the example of SAIs in the EU as a point of entry into broader reflections about the comparative relationship of SAIs to administrative law more generally in light of emergent international standards for such institutions.

Ethical and Constitutional Foundations

2021 ◽  
pp. 11-22
Author(s):  
Amichai Cohen ◽  
David Zlotogorski
Keyword(s):  
General Principle ◽  
Just War ◽  
Administrative Law ◽  
Political Control ◽  
Historical Sources ◽  
Principle Of Proportionality

This chapter begins by tracing the historical sources of the principle of proportionality since antiquity. It then presents three possible justifications for this principle. First, the chapter discusses the Just War tradition of proportionality. It then moves on to explain why a utilitarian or rational view of IHL would also support the principle of proportionality. Next, the chapter discusses a justification for the principle of proportionality under the theory of IHL as a mode of societal and political control. The last part of the chapter places the discussion of proportionality in IHL in the wider context of the principle of proportionality as a general principle in constitutional and administrative law.

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