scholarly journals Legal Framework of Urban Underground Space in China

2020 ◽  
Vol 12 (20) ◽  
pp. 8297
Author(s):  
Zhi Zhang ◽  
Jenny Paulsson ◽  
Jian Gong ◽  
Ji’e Huan

The booming of three-dimensional (3D) land use brings a change of the connotation of land rights, which will expand “flat” 2D land legislation with 3D land legislation. The legal issues of urban underground space for 3D objects in large cities around the world have been attracting more and more attention. A supportive legal framework is crucial for underground space utilization in a country. This paper analyzes the present 173 representative laws and regulations of urban underground space utilization and management of China from 1998 to 2018, and attempts to interpret the current laws and regulations of underground space from four aspects; by quantity, spatial distribution, legislative force and content. The result shows that poor legal framework of urban underground space in China, including low-level of legislative force, disunity of local legislation standard and absence of special statutes and regulations, are the main reasons causing ownership disputation, registration chaos, as well as no unanimous judicial practice. To address these issues, the paper refers to a case study for underground space legal framework in Japan and aims to form a set of top-down unified legal framework, including basic law, special statutes and regulations, as well as supplementary policies and documents of urban underground space, and proposes that the underground space planning should be incorporated as one essential portion of the master planning in China. By studying the legal system of underground space in Japan and China, this study may offer better insight for those conducting UUS legal framework research as well as serve as reference for countries with similar legal issues.

2021 ◽  
pp. 434-442
Author(s):  
A.Ya. Petrov

On the basis of the analysis of Art. 11 of the Labour Code of the Russian Federation, Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” and judicial practice, topical legal issues of the official discipline of State civil servants are considered.


2022 ◽  
pp. 193-205
Author(s):  
Mohammad Sheikhi ◽  
Nima Norouzi

The onset and spread of COVID-19-related disease and the measures taken by the government to combat it have given rise to several legal issues. The most important of these issues can be considered the government's legal framework in the fight against this disease and the responsibility for compensation. Examining the first issue through Iran's current laws and regulations, it became clear that choosing the appropriate legal framework in the fight against this disease could be more than the basic and ordinary regulations. Instead of creating a national headquarters to fight COVID-19 under council approvals, the Supreme National Security Service shall use the capacities of the crisis management organization and the relevant law and the provisions of Article 79 of the Iranian constitution.


2020 ◽  
pp. 26-34
Author(s):  
A. Ya. Petrov

On the basis of an analysis of the Federal Law of 02.03.2007 No. 25-FZ «On Municipal Service in the Russian Federation» and judicial practice, the article considers topical legal issues of the official discipline of municipal employees.


1999 ◽  
Vol 5 (2) ◽  
pp. 29-35
Author(s):  
Hiroyuki Ikuse ◽  
Shuji Hashimoto ◽  
Masafumi Yamamoto ◽  
Katsuhide Matsumura

Author(s):  
Suzanne E. Eckes ◽  
Maria M. Lewis

Controversies over school policies that impact transgender students have garnered increased attention in recent years. For example, some transgender students have been prohibited from using the restroom that aligns with their gender identity, and others have not been addressed by their preferred names. Thus, in this chapter, we focus on cutting-edge issues that relate specifically to transgender students. In doing so we explore the legal landscape related to transgender student inclusion. We will begin with an overview of relevant research, followed by a presentation of the legal framework and finishing with a discussion of important legal issues, including topics such as access to facilities, privacy, pronouns and student records, athletics, and dress codes. As this chapter will demonstrate, unprecedented efforts in research have revealed alarming inequities experienced by transgender individuals. Concurrently, with some limitations or exceptions, there is a growing body of legal authority that has been successfully relied upon to protect the rights of transgender students. To be certain, the law impacting transgender individuals is multifaceted and evolving. Of notable significance, transgender students who have initiated legal claims against school districts for their discriminatory practices have all ended in favorable outcomes for the students.


2021 ◽  
pp. 50-59
Author(s):  
Ф.Н. Зейналов

В статье автором рассматривается нормативное правовое закрепление порядка осуществления общеполицейских функций сотрудниками Госавтоинспекции, патрульно-постовой службы полиции в том числе и в сфере обеспечения безопасности дорожного движения. Приводятся статистические сведения, подчеркивающие актуальность имеющейся проблемы разграничения полномочий указанных служб федеральным законодательством, подзаконными актами и ведомственными приказами МВД. Авто- ром проведен анализ судебной практики по исследуемой проблеме, высказаны предложения по внесению изменений в федераль- ное законодательство. Положения работы могут быть использованы в законодательной деятельности государственных органов, правоприменительной деятельности правоохранительных органов, образовательном процессе образовательных организаций, на- учных исследованиях специалистов по проблемам обеспечения безопасности дорожного движения, совершенствования отраслей российской правовой системы. Новизна работы определяется практической и научной значимостью проблем правоприменительной деятельности правоохранительных органов в сфере обеспечения безопасности дорожного движения, а также необходимостью со- вершенствования правовых основ, регламентирующих полномочия подразделений и служб полиции России. In the article, the author considers the normative legal consolidation of the procedure for the implementation of general police functions by employees of the State Traffic Inspectorate, patrol and post service of the police, including in the field of road safety. The article provides statistical data that emphasize the relevance of the existing problem of delineating the powers of these services by federal legislation, by-laws and departmental orders of the Ministry of Internal Affairs. The author analyzes the judicial practice on the problem under study, and makes suggestions for amendments to the federal legislation. The provisions of the work can be used in the legislative activities of state bodies, law enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists on the problems of ensuring road safety, improving the branches of the Russian legal system. The novelty of the work is determined by the practical and scientific significance of the problems of law enforcement activities of law enforcement agencies in the field of road safety,as well as the need to improve the legal framework governing the powers of police units and services in Russia.


2020 ◽  
Vol 12 (22) ◽  
pp. 3756
Author(s):  
Wei Shi ◽  
Guan Chen ◽  
Xingmin Meng ◽  
Wanyu Jiang ◽  
Yan Chong ◽  
...  

Land subsidence is one of the major urban geological hazards, which seriously restricts the development of many cities in the world. As one of the major cities in China, Xi’an has also been experiencing a large area of land subsidence due to excessive exploitation of groundwater. Since the Heihe Water Transfer Project (HWTP) became fully operational in late 2003, the problem of subsidence has been restrained, but other issues, such as ground rebounds, have appeared, and the effect of the underground space utilization on land subsidence remains unsolved. The spatial-temporal pattern of land subsidence and rebound in Xi’an after HWTP and their possible cause have so far not been well understood. In this study, the evolutionary characteristics of land subsidence and rebound in Xi’an city from 2007–2019 was investigated using Small Baseline Subset Interferometric Synthetic Aperture Radar (SBAS-SAR) technology to process the Advanced Land Observing Satellite (ALOS) and Sentinel-1A SAR datasets, and their cause and the correlation with groundwater level changes and the underground space utilization were discussed. We found that the land subsidence rate in the study area slowed from 2007–2019, and the subsidence area shrank and gradually developed into three relatively independent and isolated subsidence areas primarily. Significant local rebound deformation up to 22 mm/y commenced in the groundwater recharge region during 2015–2019. The magnitude of local rebound was dominated by the rise in groundwater level due to HWTP, whereas tectonic faults and ground fissures control the range of subsidence and the uplift area. The influence of building load on surface deformation became increasingly evident and primarily manifested by slowing the subsidence reduction trend. Additionally, land subsidence caused by the disturbances during the subway construction period was stronger than that in the operational stage. Future land subsidence in Xi’an is predicted to be alleviated overall, and the areas of rebound deformation will continue increasing for a limited time. However, uneven settlement range may extend to the Qujiang and Xixian New District due to the rapid urban construction. Our results could provide a scientific basis for land subsidence hazard mitigation, underground space planning, and groundwater management in Xi’an or similar regions where severe ground subsidence was induced by rapid urbanization.


2016 ◽  
Vol 5 (3) ◽  
pp. 342-354
Author(s):  
Jean A. Berlie

Purpose – The Macau Special Administrative Region (MSAR) of the People’s Republic of China (PRC) has a unique identity. This study is based on a long period of research undertaken between 1995 and 2014. Permanent residents, the Chinese of Macau and all other MSAR residents constitute a body of model “citizens” which makes their legal identity understandable in the MSAR’s present social and economic context. Macau’s legal identity is based on centuries of trade and commerce. In Article 5 of the first chapter (I-5) of the MSAR’s Basic Law, the “way of life” in Macau’s society and economy are recognized as part of the MSAR’s legal framework. However, social change may play an important role in Macau’s development. The purpose of this paper is to look at the legal corpus as though it was a physical body with rights and duties, but also capabilities based on the nationality and residence statuses of its citizens, its companies and other entities (which will be studied more specifically in following articles). Design/methodology/approach – This study has used the combined approaches of fieldwork carried out between 2010 and 2015, interviews, and questionnaires. Findings – Way of life and the concept of One Country, Two Systems are key points that contribute to Macau’s contemporary identity. Way of life in the Basic Law constitutes a complex matrix formulation based on a series of particular facts and cultural traits, which leads to a better legal definition of important concepts such as nationality and residency in the particular case of Macau. The Basic Law is the constitutional law of the MSAR, but “Chineseness” still dominates the locals’ identity from day to day. More than 65 percent of the interviewees in the survey asserted their “Chineseness.” However, both Chinese and Portuguese, will continue to be official languages of Macau until 2049. The MSAR’s Chinese society speaks Cantonese and increasingly Putonghua, but it does not seem concerned by communicating using the Portuguese language. Clayton’s thesis emphasized the “unique cultural identity” of the MSAR and wrote that what made the Chinese of Macau “different from other Chinese, is the existence of a Portuguese state on Chinese soil.” Portuguese cultural tolerance is not mentioned, but it is a historical fact that has influenced Macau’s legal identity. The MSAR’s government has done its best to harmonize Macau’s multicultural society and it has particularly protected the Sino-Portuguese way of life in Macau. Practical implications – To apply the law and maintain the existing harmony in its society and economy, legal actions have had to be taken by the Macau government and courts. The courts of the MSAR are structured in three levels and have final powers of adjudication, except in very narrow political areas. The judicial system includes the following courts, from the highest to the lowest: the Court of Final Appeal, the Court of Second Instance and the Court of First Instance (Tribunal de Primeira Instância). Originality/value – This research is unique inasmuch as studies of legal identities focussed on large regions such as the MSAR of China are rare.


2013 ◽  
Vol 753-755 ◽  
pp. 3112-3115
Author(s):  
Jing Li Huang ◽  
Qing Wang ◽  
Qiu Ling Lang

The Three-dimensional engineering geology data warehouse is constructed by Power Desinger16.1, with the theme as the rock and mass availability in urban underground space, and with the source data as the borehole data of engineering Investigation. Use the Model-driven Architecture method, reverse engineer the Access data base, extract existed data model, combine research theme to construct the Star data structure model. And check the SQL script in SQL Server2005, to ensure normal operation. 0 Forewords The traditional transaction-oriented designed engineering geology data base has the function to storage original data from work, to draw of geological section and to provide simple check and analysis, but without the decision support function in view of a subject. The purpose of construction a 3D engineering geological data warehouse is to build a decision support system in view of availability of rock and soil mass in urban underground space. Based on the data extraction, data integration, data cleaning and data transformation, the 3D engineering geological data warehouse could achieve the integrated management of massive geological data and to provide reliable data source for the rock and soil mass utilization system in urban underground space. The main feature of 3D engineering geological data base is subject-oriented, integrated, time-varying, relatively stable, and is magnanimous collection of engineering geological spatial data and attribute data. According to the design pattern of traditional data base, the construction of 3D engineering geological data warehouse can be divided into three stages: concept design model, logic design model and physical design model. But the 3D engineering geological data warehouse exist iterative in the construction process. Currently, there are many CASE tools to help developers quickly achieving the data base design, such as Rational Rose by Rational company, Erwin and Bpwin by CA company, Power Designer by Sybase company, Office Visio by Microsoft company, and Oracle Designer by Oracle company. The paper uses the Powerdesigner16.1 to achieve the logical data model (LDM) and physical data model (PDM).


2003 ◽  
Vol 27 (10) ◽  
pp. 367-370 ◽  
Author(s):  
Alex Mears ◽  
Richard White ◽  
Paul Lelliott

Aims and MethodThis study aimed to examine in-patient child and adolescent consultant psychiatrists' knowledge of and attitude to the Mental Health Act 1983 (MHA), the Children Act 1989 and issues around consent. A questionnaire form was sent to all in-patient consultants in England and Wales.ResultsThe consultants who responded (n=51, 67%) reported a desire for more training in legal issues. Knowledge of the MHA was better than for the Children Act 1989; those who used the MHA at least once every 6 months scored more correct answers to questions about the MHA than did those who used it less frequently or never.Clinical ImplicationsAlthough the study indicates specific gaps in knowledge, the main message is that training should consider the legal framework as a whole, with an emphasis on practical issues about its application in the in-patient setting.


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