English Abstracts

English Abstracts

All different types of energy crisis in the past had exposed the legal issues that EU is lack of competence in the field of energy，has narrow concepts of energy security，its member states have relied on domestic measures and bilateral agreements，and have no legal binding force in the international nuclear safety standards.In the process of dealing with the problems caused by the energy crisis，EU has developed the competence and the Energy Emergency Law and policy system in the field of energy，changing the concept of energy security from initially the energy reserves to the security of energy transport routes，make quick response to energy emergencies，and the legislation of alternative energy and energy efficiency.EU has legalized the international nuclear safety standards and formed a relatively complete legal system of energy emergency policy.The Crimean crisis 2014 once again urged EU to improve its energy emergency system，which provided the reference for other countries and regions to deal with all kinds of the energy crisis.

energy emergency；the Energy Crisis；energy security；energy law；international law

Abstract：Currently，there are several differences on the application of the illegal income forfeiture procedure between legal theory and judicial practice.Such as：the nature of procedure is whether，civil procedure or criminal procedure.How to define the scope of application，there are three different opinions：strict interpretation，moderate interpretationandexpandinterpretation.Which rules of proof should be chosen，there are arguments on the burden of proof and standard of proof.Through the analysis of the illegal income forfeiture procedure on the nature of procedure，scope of application and rules of proof in this paper，the author suggests that the nature of the procedure is criminal procedure，the scope of application needs to be expanded appropriately based on judicial（moderate）interpretation，and the rules of proof should be different with the general criminal procedure on the burden of proof and standard of proof.

Key words：illegal income forfeiture procedure；nature of procedure；scope of application；rules of proof

Abstract：The establishment of the conditional non-prosecution system is in favor of the minor suspects'penitence，helps them return to society，as well as helps them repair social relations.Sincethe newly amended law is implemented，conditional non-prosecution has been faced with difficulties in the implementation，which results in a false effect of such system.There are several reasons，such as the blurry definition of concerning concepts，the contraction among legal provisions，and the vague relationship between conditional nonprosecution and discretional non-prosecution.In order to make conditional non-prosecution more scientifical and integrated，the meanings of subsidiary conditions，application conditions，and obligations should be clarified.Through the analysis of subsidiary conditions，problems of conditional non-prosecution and discretional non-prosecution，and the countermeasures，the reform of the to-be relationships of conditional non-prosecution and discretional non-prosecution is the top priority.

Key words：conditional non-prosecution；subsidiary condition；application condition；obligation；discretional non-prosecution

Abstract：In this paper，based on transformation of the pessimism between two kinds of depositors，we built up the imitation and contagion model.Then on the perspective of system dynamics stable equilibrium solutions and unstable equilibrium solutions of the model are discussed.The critical conditions that affect contagion are obtained.Internal factors are also obtained for the bank，which is in a crisis caused by liquidity.It is significant to block and postpone the early withdrawal of depositors.Our research can provide theoretical support to prevent the banks from crisis，and it can also keep the bank system stable.

Key words：bank run；pessimism contagion；dynamic model

Abstract：From the logic starting point that the star performance have a significant spillover effect to the families'cash flow，the paper analyzes the fund families'creating-star methods with the family funds'opposite-trades.We find that family will transfer performance from low family value funds to high family value funds in order to promote the high-value funds'performance in the Total Fees and in the Year-to-Date Return criteria，it proves that the trade inside the family is an efficient family creating-star method，but the result is not statistically significant in the Age criteria.

Key words：star performance；opposite-trade；creating-star methods

Abstract：This research explores the influence on the status of consumers and their self-brand connection with luxury brands，as well as the regulating effect of self-esteem and vanity from the perspective of Chinese cultural background.We findthat：In the traditional Chinese cultural background，the higher the status of a consumer is，the higher the consumer's self-brand connection with luxury brands is，and vice verse.Self-esteem and vanity have a regulating effect on this relationship. When consumers'self-esteem level is low，if their status is low too，then their self-brand connection with luxury brands is higher than those with higher status；when consumers'self-esteem level is high，the result is opposite.The level of consumers'social status has no significant effect on their selfbrand connection with luxury brands when they are in low vanity.But，to high vanity consumers，the self-brand connection with luxury brands of those with low status is significantly lower than those of high status.

Key words：status；self-esteem；vanity；luxury brands；self-brand connection

Abstract：This paper uses Logistic data analysis method to analysis the relationship between controlling shareholders and distress'evolution path warning.We found that：the second model is more accurate than the first model in the evolution path of financial distress warning.Measures to optimize the controlling ownership structure is important. Measures such as enhance ownership concentration，which is useful to improve the decision efficiency and reduce the cost.To reduce the degree of deviation of control right and cashflow right is useful to promote the interests alliance of controlling shareholders and firm.Secondly，attention should be paid to the the improvement of financial comprehensive ability.Distressed firms should lower rates

of assets and liabilities，increase cash rate，accelerate the capital turnover，improve the value of book to market ratio.Its key points that firms in financial distress should optimize the ownership structure and improve the comprehensive financial ability.

Key words：controlling shareholders；Financial Distress'Evolution Path；soft budgeting；deviation of control rights and cash flow rights

Abstract：The fiducial cum creditors in roman law intends that the debtor transfers the ownership of property to the creditor through mancipatio and in iure cessio in order to provide security for obligations，concluding a pactum fiduciae.Originally，parties could only resort to the private arbitration based on fides because the pactum fiduciae，without legal requirements，was not protected by ius civile. With the development of practice，the Praetor received it as one kind of bonae fidei iudicia which was subject to the action civiles，namely，actio fiduciae，which the debtor could proceed，at the same time，the creditor could proceed the actio fiduciae contraria.

Key words：fiducial cum creditors；real security；actio fiduciae

Abstract：The research result narrative system refers to the organic combination of methods and models on narrating or demonstrating research contents and conclusions through the collective construction of relevant research results.Since the founding of the Republic of China to the 1940s when the Nanjing Government was toppled，the Chinese journalism historiography community has initially constructed the complete system including the research object of narrative system，the research method of narrative system，the researcher of narrative system and the form of narrative system.Despite the turbulences and setbacks of the state，nation and social life in this period have significantly affected the study of journalism history，the study still moved forward following its inherent law.Narrative system of research results of journalism history in this period was about at the same level with other disciplines at that time.

Key words：journalism history study；the Republic of China period；journalism basic theory；Chinese journalism historiography

Abstract：Compare to late Qing Dynasty，journalistic ethics of the Beiyang Government period had clearly developed，which was manifested as：reporters and scholars demonstrated the significance of journalist's morality from professional point of view，making journalistic ethics more instructive and persuasive；eliminated the influence of“record all what has been heard”theory，renewed the comprehension of news actuality；emphasized“real man”quality of journalist's morality，and encouraged journalists uphold social justice and fight against evil；emphasized journalist's responsibility，especially on recording facts dutifully like official historians in old times；once the Chinese Communist Party was founded，it put forward new journalism ethics based on class nature and position.These journalism ethic thoughts take over from the past and set a new course for the future in the history of Chinese journalistic ethics.

Key words：journalistic ethic thoughts；Beiyang Government Period；record all what has been heard；historians spirit；partisan rigidity

Abstract：Mr.Huangkan had written more than two hundred remarks on the book Tongsubian，which had not been paid attention by the academic circles.The remarks concluded the contents of the study of etymology，vocabularies and exegesis，Chinese characters，phonologies and dialects，and folk cultures.The study on the remarks has much values on the study of slang words dictionaries of Ming and Qing Dynasties，is helpful to understand the achievements of Huangkan on the study of Chinese language and characters，and the study on the Chinese etymologies，exegesis，slang characters and phonologies.

Key words：Tongsubian；remarks by Huangkan；contents；values

［責任編輯 叢 敏］

On the Impact of Energy Crisis on the Development of the Emergency Law of EU Energy Policy

CHENG Quan
Law School，Jinan University Guangzhou 510632，China

Problems and Suggestions on the Application of the Illegal Income Forfeiture Procedure

JIAN Le-wei

The People's Procuratorate of Xiangyang Xiangyang 441021，China

Reflection and Perfection on Issues of Conditional Non-prosecution

DONG Lin-tao
China University of Political Science and Law Beijing 100088，China

The Model Pessimism Contagion for Depositors Inducing Withdrawing—Based on the Internal and External Causes

CHEN Jian-xin
Faculty of Applied Mathematics，Guangdong University of Technology，Guangzhou 510520，China

Star Performance，Opposite-trade and Family Creating-star Methods—Based on the Active Equity Fund of China

WANG Xiao-hui
The Faculty of Economics，Guangdong University of Finance and Economics，Guangzhou 510320，China

Research of Status'Influence on Consumers'Self-brand Connection with Luxury Brands—Based on the Regulation of Self-esteem and Vanity

YE Sheng-hong
Management School，Jinan University Guangzhou 510632，China

Relationship Between Controlling Shareholders and Distress' Evolution Path Warning

ZHENG Hai-yan
School of Economics and Management，Shanghai Institute of Technology，Shanghai 201418，China

On the Structure and Protecting Method of Fiducial Cum Creditors in Roman Law

SHI Zhi-lei
School of Law，Xiamen University Xiamen 361005，China

On the Research Result Narrative System of the History of Journalism in the Republic of China Period

NI Yan-nian
School of Journalism and Communication Nanjing Normal University，Nanjing 210097，China

Development of Journalism Ethic Thoughts During Reign of the Beiyang Government

XU Xin-ping
School of Journalism and Communication Hunan Normal University，Hunan 410081，China

On the Contents and Values of the Study of Remarks of Tongsubian by Huangkan

LIU Yu-hong
College of Chinese Language and Culture Jinan University，Guangzhou 510632，China