北美作业代写：Organization of the nature of underworld

下面为大家整理一篇优秀的essay代写范文- Organization of the nature of underworld，供大家参考学习，这篇论文讨论了黑社会性质组织。由于中国尚未出现典型意义上的黑社会组织，所以会有“黑社会性质组织”这一表述方式，意指“有些犯罪团伙虽然在组织规模、成员分工或采取各种非法手段获取犯罪收益等方面表现出黑社会组织特征，但仍处于初级阶段，与黑社会组织还有一定差距。但黑社会性质组织兼具黑社会组织犯罪和犯罪集团的特征，所以对社会稳定已经造成了严重危害。

In view of our country has not yet appeared typical sense of underworld organization, China's "criminal law" pioneered the expression, "underworld property organization" means "although some criminal gangs in organizational scale, members of the division of labor, or take various illegal means to get profit aspects show the underworld organization characteristics, but is still in the primary stage, and the underworld organization and certain gap. Therefore, the characteristics of organized crime and criminal syndicate have caused serious harm to social stability.

From the perspective of criminal jurisprudence, the organization of triad should have the following characteristics:

According to the supreme people's court about the underworld property organization crime cases "the explanation of the concrete application of law regulation, the underworld property organization" organizational structure is tight, the number is more, there is a clear organizer, leader, basic fixed, group members have relatively strict organizational discipline."

The first question that needs to be discussed is, what is the specific number of people? There is a view that there should be a limit of 5 to 10 people as the number of their personnel; There is also the view that the relatively stable backbone members of the organization are at least three people; In judicial practice, there are three limits on the bottom line of the number of criminal groups. I think that that is not the appropriate, the underworld property organization as higher than the criminal group organized crime, to its members that have to be more precise, can't draw too general, otherwise, not only confuses the underworld property organization and the boundaries of common crime, is unfavorable to effectively curb and blow real underworld property organization crime. As an underworld property organization, the number of members should be in more than 10 people, at least to have a clear leader, the organizers of the crime, there are a certain number of actors or thugs. In fact, most of the members of the organization are dozens, some of which are more than 100 or more. The underworld property organization members accurate recognition of "large" standard, is a criminal gang can be regarded as the objective standard of underworld property organization, also reflects the damage and influence of the underworld property organization therefore must be considered.

Second, as the organization of the triad, its organization degree has the prominent characteristic of strictness. Inside the underworld property organization in our country has the authority of the vertical, and superior to the lower have absolute control, some not only has a big head, and small head, its internal also have severe help gauge or "French", members of the organization, management, control, in order to constraint violations of members will be harsh sanctions. Underworld property organization activities, generally by the leaders, organizers for careful planning and division of labor, the backbone of the members under the unified command scheduling, division of labor cooperation among group members and cooperate with each other, so that the ability to greatly enhance the underworld property organization crime, crime efficiency is also higher than the general criminal gangs.

Some scholars believe that the underworld property organization shall also have the feature of "illegal" control, namely through the implementation of the illegal and criminal activities, or the use of state functionaries, the shield or connivance of hegemony, within a certain area or industry. To form illegal control or major impact, seriously damage the economic and social life order. I don't agree with this point of view, because of the underworld property organization mainly reflected in its control of the members of the control, to ensure the rigor of the organization, and easy to implement illegal and criminal behavior is conducive to escape punishment afterwards. By implementing crime of illegal control of certain region or industry, the main is a kind of harmful to the underworld property organization behavior, it can be reflected from the side the hazard scope and degree of an organization, but the control of the industry as a recognized one of the characteristics of the underworld property organization is clearly inappropriate.

Underworld property organization is referred to as the "black" in the first place is that it's violent, the underworld property organization typically extensive, frequent use of violence, threats or by violence or threat as a backing for crime. "Violence" refers to the act of violence against the person or property of another person, and "threat" means to coerce a person with violence and force him to give in. But the underworld property organization of violence cannot be used with other criminal identical, its existence itself is a powerful threatening and dangerous, big underworld property organization has special executive institutions of violence and armed, small underworld property organization has performed the violence of the personnel and equipment.

For economic gain is not only the ultimate goal of underworld property organization established, and the underworld property organization relies for existence and development of the economic basis, the underworld property organization means with violence or illegal monopoly through various means to obtain huge profits and wealth, mainly including the following: by kidnapping, robbery, charge "protection money" naked violence means such as access to economic primitive accumulation; To obtain huge illegal economic benefits by opening casinos, organizing prostitution, smuggling, selling drugs and other illegal industries; Take advantage of the economic system is imperfect, penetration and legal loopholes to legitimate trade with illegal means to conduct business in order to get high profits, the accumulation of wealth, this way the general suitable for mature or advanced underworld property organization.

Underworld property organization to long-term survival and development, will inevitably to the power sector penetration, looking for "umbrella", take shelter of the power sector, this behavior can be thought of as the corrosion resistance of the power sector. In the judicial practice, our country the underworld property organization to the power sector penetration, generally there are two ways: one way is to woo corrosion government officials or judicial and public security personnel, and even directly the development of its has been a member of the underworld organization, make it be the voice of underworld property organization and umbrella. Another way, leaders, key member of the underworld property organization directly involved in politics, power, which often occurs in the grass-roots political power organization elections, by violence, threat means control, so as to obtain certain political status and political power. To be aware of the problem is that the country as prescribed in article 294 of the criminal law the shield and connivance underworld gangs, but organizing, leading, and attend the underworld property organization personnel power, shielding, indulge the underworld property organization, the other as a shield, not connive at underworld gangs, still should press organizing, leading, and to participate in the underworld gangs.

Second, the distinction between the gangland nature organization and the ordinary criminal group.

Article 26, paragraph 2, of the criminal law of our country stipulates that "a relatively fixed criminal organization composed of three or more persons jointly committing crimes is a criminal group." This is the definition of a common criminal group. Ordinary criminal group and the underworld property organization has a certain similarity, such as three or more persons on the number of requirements, have certain organization, are set up for some crime, crime serious damage on the implementation of social economic life order. But there are obvious differences:

Underworld property organization in aspects such as organizational structure, organizational goal and organizational discipline than ordinary criminal gangs have stronger organization, the underworld property organization general provisions to help gauge, discipline, in order to effective constraint the activities of the members, so that the underworld property organization on the organization structure is more stable, and conducive to the development of the organization, common crime in these aspects of close degree is much less than the underworld property organization.

The establishment of underworld property organization itself has certain harm, in order to achieve the purpose of this group tend to adopt a series of violence, to control a certain industry or in a certain region form a deterrent. Ordinary criminal groups tend to be random, random commit crime, in order to get money and implement gang behavior such as theft, fraud, robbing partnership, behavior after the completion of the on-site spoils, after waiting for money out of a new gang, looking for the next partnership opportunities.

Underworld property organization has its own sphere of influence, or in certain industries through violence, threat or other means to oppress, to injure the crowd, thus forming illegal control of the region or industry, to help them gain illegal economic benefits; And ordinary crime because of its randomness, crime is generally not illegal control characteristics, the crime is also a secret, once the crime was found, they will move the location or change the way of criminal crime to escape the blow.

Underworld property organization organizer, leader, is mainly behind the scenes will command or decision-making behavior, generally is not directly involved in the crime, but for in its group, under the leadership of criminal responsibility to organize the implementation of all crimes. However, the primary elements of the ordinary criminal group are to participate in the crime themselves, otherwise they may be regarded as abettors. On the assumption of guilt, the primary elements of the ordinary criminal gang bear the responsibility for the crimes they participate in, and bear the corresponding culpability according to their position in the implementation of the crime.

Feudal clan, it is to point to rely on surname, kinship formed a certain scale of members, to safeguard the interests of the family for the purpose of the rural family, the clan is often more prominent performance in the countryside, therefore, also known as the feudal clan in the countryside. In 2011, henan xinxiang happened in such a case: a village villagers pingyuan, by sharing the villagers in the majority, in the village and their degress is high, was elected as the village village committee director, the henan rural "flat grave", after the completion of work organization native people to make up in the ancestral grave tomb, and treating guests; In addition, the youth of the ethnic group, with violent and threatening means, interfered in the villagers' homestead dispute and injured the villagers. Later, in the fields of our village of the contracted protection without burning, trees are cut down, and up sharing the villagers, take threats, violence, extorting money to other villagers, was later criminal detention. But the people's procuratorate in accordance with the identified Lin mou does not constitute a organization, leadership underworld gangs of pingyuan and other personnel involved in the fighting if the circumstances are flagrant, in accordance with the crime of extortion, intentional injury.

From the perspective of the case, there are many similarities between the forces of the rural feudal clan and the organization of the Mafia, and even the two can be merged together. But careful analysis, they are still very different in nature:

The members of the gang members, whether leaders, participants, or members of the society, show the characteristics of the inferior nature. Because of the low level of culture, most of the members are ignorant, unprofessional, and do not have proper means of livelihood. They are weak in legal consciousness, lack of moral values, and are keen to eat, drink, and have fun. The backbone and the leader of most gangland organizations are the "two workers" who have the criminal record and the criminals who have been punished by the police.

The participation of rural feudal clan forces from young men and girls to 80 old people, including ordinary people and grass-roots party cadres or cadres working in the field. The good and the bad, but most of the villagers in the village living in the village of the villagers with the family ties.

The underworld property organization crime is the main economic purposes, underworld property organization means, such as imposing violence, threat, stir-up-trouble through, forced transaction or business eroticism, gambling, drugs, and other illegal industry is the primary purpose of crime is to get the illegal economic interests, in order to amass wealth and spending.

The purpose of rural feudal patriarchal clan is to protect the economic interests of consanguineous people, such as tongzong, the same family, the same surname, etc., or to obtain the status of the clan in this region. At the same time, the formation of the feudal clan often has certain historical origin, some rural feudal clan began to form when there is no purpose, just because the family name more, but also has stronger identity of the family.

The activities organized by triad are mainly engaged in the operation of black road, which can collect money to meet the needs of personal profligacy and organizational development. Its criminal activities are mainly: bullying the market, forcing the transaction; Monopoly industries, illegal operation; Act as a player and charge "protection fee"; Threats, intimidation and mutilation of the people. The activities carried out by the forces of the feudal clan in the countryside mainly include the following aspects: first, to raise the family tree, to repair the ancestral temple or the tomb; Second, the organization and planning for the neighborhood disputes, homestead disputes, marriage disputes and other civil disputes caused by clans and so on; Third, control the rural grassroots political organizations to organize the villagers committee, for the benefit of the ethnic group. The latter two are more serious.

As determined by the form of activity, there is a difference between the two. The victims of the organized crime of gangland society have a wide range of sociality. After their development to a certain scale, they will expand their power in other industries and other regions to gain more economic benefits. And rural feudal clan against the infringement object has the specificity, because rural feudal clan to violence is often the result of neighbourly confrontation, land disputes, disputes caused by such as marriage, contradictory violation by one party of the other party is certain.

Rural underworld property organization in order to achieve the specific crime, often, of all kinds of illegal and criminal activities, a serious threat to the safety of life and property of the people and the infringement. In some places, the organization of the Mafia has destroyed the image of the party in the hearts of the people by destroying the rural grassroots political power and suppressing the legitimate interests of the people. Use master of rural autonomous power, on the other hand, a large number of involved in the economic field, is engaged in the illegal operations, the zhichang purchase, preempt the infrastructure projects, and even illegal possession and exploitation of national mineral resources, seriously hindered the healthy development of rural economy. Due to the cruelty of criminal means organized by the Mafia, it is more organized and dangerous, and the consequences are wider and more serious. For members of the organization of organized crime, the organization, leadership, and participation in the organized crime of the gangland is a crime, and may be sentenced to a corresponding punishment.

Rural feudal clan is relatively small, its behavior dangerous because of its violent behavior in general with a particular object, and rural feudal clan tend to stick to traditional moral concept, so do all behavior is not bad at all, for the fear of the masses with a certain range, and its harmful consequences not has extensive social. For the members of the rural feudal clan, it is only criminal responsibility to violate the criminal law.

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北美作业代写：Defects of the civil law system

下面为大家整理一篇优秀的essay代写范文- Defects of the civil law system，供大家参考学习，这篇论文讨论了大陆法系的缺陷。罗马法在经过两千多年的发展，加上日耳曼人的改造，日渐形成世界最主要的法系——大陆法系。现今世界，大陆法系的国家遍布全球每一个大洲。法律体系的源头是大陆法系，尤其是受德国法律思想的影响，我们的社会主义法律体系很大程度上来说，其实属于大陆法系。因此，从立法、执法与适用上来看，我们都难以摆脱成文法体系的潜在制度缺陷。而且立法程序复杂而且周期较长，很难及时地对社会需求进行反应，导致立法严重滞后于社会发展的速度。

Law is the system construction of human society can from the most primitive ignorance, to now one of the driving force of the height of the civilization, it holds on the heart of fairness and justice, established one after another social system. In these systems have been overturned and reconstruction, and the change of our laws, the Mediterranean coast of the Roman empire to the human society open the window of the rule of law, it changed the habits of the common law, through the formulation and enacted statutes, make laws every citizen can see, and feel its existence. After more than two thousand years of development and the transformation of the Germanic people, the Roman law has become one of the most important legal systems in the world, the civil law system. Today's world, the mainland legal system countries all over the world every continent, such as: China and Japan, France and Germany in Europe and America in Argentina and Mexico, Egypt and Madagascar, Australia, new caledonia in Africa.

In today's world, countries in the civil law system are generally the source of the power of the constitution, thus establishing the authority to decide the legislative power and establishing a complete system of legal departments from the top down. The state formulates clear legal provisions through strict procedures, and then the specialized agencies promulgate official documents and then implement them at home. In the course of execution, the judge can only rely on established provisions to judge the law. There can only be specific application of law to the law. It cannot exceed the existing provisions of the law and act in accordance with established rules. In practice, justice is often placed in the priority position. Although the specific political and economic level of the civil law countries varies greatly, there is a sense of unity in the civil law countries, which is basically the same.

According to historical tradition, the Chinese grammar system was already existed in the spring and autumn period and the warring states period. It was just that the ancient Chinese society paid more attention to the rule of virtue and despised the rule of law, and China's laws became more of a tool for rulers to enslave the people. Until modern times, it was influenced by western civilization that China began to have its own modern legal system and clear legal functions. After the founding of the People's Republic of China, the Chinese people freed themselves from the oppression of three mountains and embarked on the path of independent socialism. However, due to the arduous task of socialist construction, China began to learn from the former Soviet union and established our socialist legal system with the Soviet union. However, the source of this legal system is the continental law system, especially influenced by German legal thought. Therefore, our socialist legal system is, to a large extent, a civil law system. Therefore, from the perspective of legislation, law enforcement and application, it is difficult for us to get rid of the potential system defects of the statutory system.

First, in terms of legislation, the legislation of continental law system countries usually placed in the center of the country's legal system, and our country's highest legislative powers held by the National People's Congress and its standing committee, the complex with a long cycle and the legislative process, it is difficult to respond in a timely manner to the social demand, lead to legislation seriously lagging behind the speed of social development. For example, the food safety law of the People's Republic of China, promulgated in 2009, was made in a rush after a series of major food safety incidents, such as tainted milk powder and cooking oil. China's legislative power is not take western architecture under the mode of judicial independence, separation of powers China legislative power, executive power and judicial power is a unified whole, only auxiliary and restrict each other, and the administrative power to a certain extent, played a leading role.

Second, the enforcement of the law, as the important embodiment of social norms, the law in the life of people to play the role of a "fixed point", make the law of the result of the state ought to be turned into reality. At present, the law enforcement in our country is more or less attached to the baton of administrative power, serving the country's administrative plan and purpose. Law enforcement process, giving enforcement authorities with great power, especially the administrative organ for transcendental power, in specific law enforcement, administrative organs tend to ignore the law program, and prefer to entity execution effect. For example: in order to the city's overall planning of land finance, with the government in recent years, the country is emerging a wave of forced evictions and against demolition, the government and the ordinary households for demolition problem form the stand-off, judicial departments involved in the problem becomes more complicated, the "air floor" abnormality "nail house".

Finally, in terms of the application of law, China has made obvious progress in the application of law after more than 30 years of development since the reform and opening up, but the problems still stand out. State law popularization efforts is not enough, many of the most basic level of people is not very clear, many countries in the protection of citizens' personal rights legislation that makes some people become proud domineering in law enforcement or breaking the law. His companions, some teenagers in order to seek stimulation, invitation to rob people passing by, after being caught thought the money, also can go home for dinner, but they rob is a felony in China, the highest can be sentenced to death. To a greater extent, these problems are also produced in the legal profession of the civil law system, which is far from the ordinary life experience, and its predictability is difficult to achieve. The continental law system is mainly deductive mode in logical reasoning, which is based on the legal provisions and provisions, and then it is judged according to "syllogism". The fact is that although the rationality is high, the level of the judges is particularly high, especially in the logical deduction ability. But man is not everything. There's mastercard in restricted by education background, life experience and so on, different after the judge to determine the same type of cases, the results can be difficult to achieve unification. In recent years, there have been frequent cases of credit card theft, and many cases have been accepted by the court. However, the result of the judgment is different, and different cases of the same case have been criticized. This kind of same case different sentence, greatly damaged the authority of the law, also make people less and less believe the law.

In the face of the mainland many defects in the legislation, execution and apply, we can't just deny the continental law system in the presence of value, should adapt to the reform, to compensate for these flaws, let our socialist legal system is more and more perfect. First of all, according to legislative potential disconnect problem, we can draw lessons from Anglo-American law system countries usually adopt the legislative mode, case law, will judge practice in the formation of the typical cases in daily case, subject to approval by the supreme people's court have legal effectiveness, became a formal flow law, promotion to the nation. Second, in the face of the problem of excessive executive power in the implementation of law, the state must clarify the boundaries of administrative power and practice the promise of "putting the power in the cage". At the institutional level, the real constitutional government should be realized, and the status of judicial power should be improved so that the judicial and administrative authority could further define the boundary and ensure that the judicial branch could exercise its own power independently. Finally, from the perspective of applicable law, at the discretion of the judge must limit, can be the introduction of western jury system, let common people to participate in the process of application of law on the one hand, supervision of the judge, on the other hand to improve the popularity of the law.

It is widely believed in Chinese academic circles that only through reference and integration can the civil law system be perfected. "Rule by law" is a great goal for us, and we will encounter many obstacles as we move towards this goal. But I believe that with our perseverance and hard work, all difficulties can be overcome and all problems can be solved.

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英文论文摘要部分写作方法

很多留学生在写作英文论文时，不重视摘要部分，他们认为只要把正文部分写好就行了。这种想法是非常错误的，因为摘要部分是论文的精华所在，所以一定要把它写好，不然是拿不到高分的，下面就给大家讲解一下英文论文摘要部分的写作。

一、英文论文摘要的重要性

对于留学生们来讲，如果英文水平达到了一定的程度，就可以直接写英文，可以按照英文的Patterns and thinking去写作。只有英语水平和思维能力高的学生才可以学出好的英文论文。英文摘要(Abstract)的写作不仅仅是毕业论文要使用，在参加一些International的学术会议或者是向一些International学术刊物投稿也需要些摘要，国内级别较高的学术期刊也要求附上英文摘要。论文摘要不仅仅是全文的精华，也是对对全文research objective、方法和研究总结的一种概括和综述。一篇好的英文论文摘要可以让你的文章看起来更加有活力、有内容，可以吸引读者有兴趣继续读下去，所以文章的好坏全凭摘要的内部就可以基本了解了。

一段高质量的英文论文Abstract并不一定会让你的论文拿到高分，但是如果应以论文摘要的质量不好，那么你的论文就一定拿不到高分，可见英文论文摘要在论文中的重要性。另外，英文论文摘要而已是整篇文章的Writing ideas的缩影，如果摘要不写好，那么后边的文章又怎么可以写好呢？很多的学生在写作的时候，不能够很好的掌握Abstract的写作技巧，这里建议学生们可以先写作文章的正文，最后再回来写论文的Abstract。这样也可以对文章有更多的了解，在写作摘要的时候也会更加得心应手。

二、英文论文摘要的写作技巧

1、我们在写作英文论文摘要之前一定要先了解，摘要都包含哪些部分。在写作英文论文摘要之前要先点名文章的主题，解析写作的目的或Writing intention;要对文章的主要内容进行介绍，让读者可以对文章的大概进行简单的了解;摘要部分的最后要提出结论或者建议。

2、了解了英文论文摘要高包含的内容后我们就可以开始写作了。首先就是摘要的开头部分一定要注意精辟。简明扼要的开头可以让文章更加吸引人，让人不觉得啰嗦。开头可以以“Here we describe…”或“Here we show…”直切主题，但是在写作主题内容的时候，最好是选择第三人称写作，完整的陈述和表达。摘要部分的开头一般要控制在200字以内比较好。

3、英文论文摘要的主体部分很重要，就是Body。这里要说的是，摘要就是正文的缩影和概述，不要长篇大论的进行。很多学生会把自己的写作方法之类的详细的描述，其实这样是没有必要的，尽量少用特殊的名词，不要用缩写的方式写作。

4、要明确英文论文摘要的意义。摘要中要说明论文点的重要性、理论依据和实际意义等。但是要注意Wording的正确性，不要太过度，不能说大话，如果说的太夸张，反而会给老师留下不好的印象。

以上就是关于英文论文摘要的讲解，相信按照上述方法来写作摘要，一定可以让你有更多的收获，让你的论文看起来更有特色。

想要了解更多英国论文写作技巧或者需要英国代写，请关注51Due英国论文代写平台，51Due是一家专业的论文代写机构，专业辅导海外留学生的英文论文写作，主要业务有英国代写、essay代写、assignment代写、paper代写。亲们可以进入主页了解和获取更多关于英国代写以及英国留学资讯，我们将为广大留学生提升写作水平，帮助他们达成学业目标。如果您有英国代写需求，可以咨询我们的客服QQ：800020041。

Paper代写：The fair value

本篇paper代写- The fair value讨论了公允价值。市场经济的平稳发展需要建立在交易双方公平交易的基础上，这是我国市场经济正在努力的方向。随着市场经济的不断上升，公允价值在市场中的运用也在逐渐增多。虽然公允价值对市场的发展起到了一定的促进作用，但我国会计行业对公允价值计量的应用仍然存在一些问题，对企业的发展与市场的健康发展造成了一定的影响。本篇paper代写由51due代写平台整理，供大家参考阅读。

With the gradual application of fair value in accounting industry, some problems have been highlighted and become the factors restricting the development of enterprises and markets. The development of China's market economy is relatively late, and the application of fair value accounting measurement is not mature enough. Influenced by factors such as economy, culture and background, there is no uniform standard for the value measurement of things between groups, and the use of fair value requires reliable measurement of things.

But in practice, there is still a long way to go to achieve true fairness. Because the market economy of our country still has certain problem to the determination of fair value, the enterprise USES fair value measurement, can only take market price as the reference. The overall inefficiency of the accounting department is one of the factors restricting the development of enterprises. Although the number of people with accounting qualification has gradually increased, there are relatively few accounting personnel who have actually received professional study. The lack of professional competence of accountants can have a certain effect on the application of fair value.

Because fair value measurement requires accounting personnel to have a certain knowledge system, it has certain experience and vision in value judgment. The fair value accounting measurement has certain risks in the application process. When the enterprise carries out the risk management, it will encounter many problems, which will have a certain impact on the enterprise credit. Moreover, the price fluctuation of the market economy in our country can not ensure the stability of financial statements. The audit of fair value in our country lacks professional technical means, and there is a gap between the accountant's estimation and the decision. Most enterprises have some problems when making decisions, which causes waste of enterprise resources and has a certain impact on the development and growth of enterprises. In addition, the market economy develops the phenomenon of manipulation, the enterprise management problem, the information management system is insufficient, the relevant department avoids, etc., will have the certain influence to the fair value accounting measurement.

Due to the relatively backward development of China's market economy, the application of the market in fair value is not perfect, and there are still some problems in the application of fair value in the accounting industry. A?? The above problems are studied on the optimization measures of fair value accounting. It mainly studies the application environment of fair value accounting, professional competence of accounting personnel, accounting management system and accounting information.

The premise of fair value measurement is the reliability of things, while the fluctuation range of market price is relatively large, and there is no reliable reference for enterprises in accounting financial statements. While the market size is expanding, it should provide more resources for the fair value accounting measurement and provide a stable environment for the fair value measurement of the accounting industry. Relevant enterprises must gradually establish a perfect fair value measurement system to make the fair value measurement of enterprises transparent. Only when the fair value measurement of the enterprise is confirmed, the enterprise can have the fair standard when the value measurement is carried out. This is to maintain the interests of both sides of the transaction, to realize the fairness of the transaction has certain promotion effect. The relevant departments shall conduct restrictions on listed companies, and conduct strict inspection and strict supervision on illegal activities such as the operation of the hidden boxes in enterprises through legal means and other means. Government departments should strengthen the regulation of market economy, restrict the price of market economy, and maintain price stability. This has certain help to the fair value of the enterprise accounting department, and can play a certain role in promoting the development of the enterprise. Through a series of means, it provides a stable market environment for the fair value measurement of accounting industry.

Although the accounting profession in China has been developed, there are some problems in the professional competence of accounting professionals. If the enterprise wants to guarantee the fair value application, it must cultivate the professional ability of the accountant. The training of accountants' professional competence is a long-term process, which can be cultivated by enterprises from professional technical means, fair value judgment, financial audit and other aspects. Enterprises can train the professional skills of accounting personnel, so that the professional technical means of accountants can be strengthened. In the actual work, the accounting personnel is clearly required to carry out fair value application. Supervise and manage the financial statements of financial personnel, and strengthen the management of accounting department. At the same time, the enterprise should put forward the standard of accounting personnel's professional ability, and motivate the accountants to cultivate their own professional competence. Relevant education departments and personnel training areas should strengthen the education of accounting professional and provide more high-quality talents with comprehensive professional competence.

Although enterprises have gradually applied the fair value measurement to financial management and project decision-making, the work quality of the accounting department cannot meet the requirements of the enterprise. This is because the management system of the enterprise has problems, and the management supervision of the accounting department is not in place. Enterprises should formulate relevant accounting management system according to their own development needs, define the work tasks of accounting personnel, and make fair value measurement as the standard of accounting department's financial management. At the same time, enterprises should arrange corresponding incentive mechanism to improve the enthusiasm of accountants. Management of the accounting department has certain influence on enterprise operation management, and in the actual enterprise financial management, accounting personnel in the audit work has some problems, for enterprise decision-making management has a certain influence. In view of this, the enterprise should supervise and manage the financial statements of the accounting department, and assess the financial ability of the financial personnel. To promote personnel who can create economic value and economic benefits for enterprises, and eliminate those who do not meet the requirements of the job. Because of the fair value measurement need accounting personnel professional ability, and if the defect of accounting personnel professional ability, the enterprise's financial management will there is a big risk. In operation and management, enterprises should constantly improve the accounting management system, strengthen supervision and management of accounting departments, and provide a stable development platform for the application of fair value of enterprises.

The development of market economy is gradually improved, the information system is established and improved, and the application of fair value has a certain promoting effect. In order to develop the fair value, the enterprise must establish the accounting information system and realize the fair value of things constantly. Enterprises should according to the actual situation of their own development, the market price information, the competition in the enterprise information between data collection such as content, the application of the fair value of the enterprise is a big help. At the same time, enterprises should closely follow the pace of market development and gradually establish their own fair value measurement standards. Only by defining the value of things can a fair transaction between the two parties be realized. However, the accounting department will have the fair value measurement standard when conducting the enterprise asset audit, which will play a great role in promoting the operation and development of the enterprise. Therefore, enterprises should strengthen the establishment of accounting information system.

The application of fair value in Chinese market is not perfect, and the fair value of accounting industry still exists in the aspects of technology, management and fair standards. In order to guarantee the financial management, the enterprise must explore the fair value application of the accounting department and constantly improve the fair value system of the accounting department.

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Essay代写：Judicial supervision of arbitration

下面为大家整理一篇优秀的essay代写范文- Judicial supervision of arbitration，供大家参考学习，这篇论文讨论了仲裁的司法监督。仲裁，是指当事人各方通过自愿协商，合意将有关争议提交非司法机构的第三者居中进行审理，并作出对争议各方均有约束力的裁决的一种纠纷解决制度。作为一种独立的权力，法院给予仲裁必要的干预，特别是对仲裁实施适当的监督，是世界各国的通例。究其原因，是因为在仲裁的理论与实践中均存在构筑仲裁司法监督的基础。

Arbitration, it is to point to the parties concerned through voluntary negotiation, the agreement will be submitted for the judicial institutions concerned the dispute to a third party in the middle, and make a binding on all parties to the dispute of ruling a dispute resolution system. As a kind of independent power, the court gives the necessary intervention to the arbitration, especially the proper supervision of the arbitration, which is the general rule of all countries in the world, and China is no exception. The reason is that in the theory and practice of arbitration there is a basis for the construction of judicial supervision.

"All people who have power are prone to abuse their power", so "in the nature of things, to prevent abuse of power, power must be exercised". The arbitration includes the right of arbitration, and the right of arbitration is a kind of power, not the right, which is generally recognized. It is the reason why the arbitration is supervised. The other key issue is the right to constrain the right to arbitration. From the perspective of social practice, arbitration is a dispute resolution mechanism, and its supervision can come from all parties, such as internal supervision and industry supervision. But they all have a fatal flaw: a lack of national compulsion. By analyzing this, we can already conclude that the court's supervision of arbitration is the most effective supervision. The focus of this article is here.

Article 8 of China's arbitration law stipulates that "arbitration shall be conducted independently according to law and shall not be interfered by administrative organs, social organizations or individuals". In order to ensure the realization of this principle, article 14 further states that "the arbitration commission is independent of the administrative organ and has no affiliation with the administrative organ." There is no affiliation between the arbitration commission. These efforts, however, almost rejected by article 10, paragraph 2 of article 10: "the arbitration committee shall be prescribed in the preceding paragraph, organize relevant departments and Chambers of commerce of the people's government of unified form", which makes the arbitration committee in the beginning of the form with the strong town government color, but the reality on the basis of this go further. Not only form a fund, the use of land by the government of the arbitration commission in accordance with the institution of the standard, and many of the arbitration commission is director of the legislative affairs office by the government and the city government, director of the relevant leaders. In economically underdeveloped areas, arbitration fees are few and far between, and there is no alternative to relying on the government. The situation shows that in China's national conditions, the arbitration is not thorough, and can not be thorough. Government support for arbitration institution of these make people have to doubt the arbitration neutrality, therefore, asked the court for arbitration agency to oversee is imperative, or nature of the independence of the arbitration will be administrative overhead, and in the town government bodies into administrative agency independent kingdom, deviated from the intention of the arbitration.

In addition to the above two factors, the limitation of the arbitration system should not be ignored.

"Or to lay off or review" and "a final ruling" system. Our country "arbitration law" article 5 and article 9 rules "and" cut or trial, "" a ruling system, refers to the parties to the dispute after a dispute, or through the way of arbitration, or resolved through litigation, but once the parties signed the arbitration agreement or an arbitration clause is ruled out the jurisdiction of the courts, only the dispute to the arbitration commission for arbitration, the arbitration tribunal to dispute is formed after the exercise of the arbitration award is final and the parties must accept. However, the arbitral tribunal is composed of arbitrators, and inevitably will make mistakes in the work of arbitration. It is obviously contrary to the value objective of the impartiality of the arbitral organization to accept the arbitration organization's own mistakes. Therefore, judicial supervision is the system guarantee of the arbitration justice.

The arbitration agreement is the foundation of arbitration institutions to achieve arbitration, is the only legal basis, out of the jurisdiction of the court is the core member of the arbitration agreement, therefore, if the parties due to the subjective understanding mistakes and signed the arbitration agreement will cause irreparable loss, may also destroys the market economic order, believe that this is the result of people don't want to see. The court's supervision of arbitration can remedy this.

Openness means supervision. Article 40 of the arbitration law stipulates: "arbitration shall not be conducted in public. If the parties' agreement is open, it may be made public, except for the state secrets. Visible, as the principle, to arbitration in the closed to open for the exception, this makes the arbitration commission is like a closed system, without the participation of the masses and the media, there would be no social supervision, its impartiality must doubt and challenge, the arbitration of fair value is likely to get implemented. Therefore, it will be helpful to close this defect by giving the court a certain judicial supervision right after the arbitration.

The arbitration law stipulates the selection system of arbitration, and the parties can choose the arbitrator who thinks they are just. However, in practice, the arbitrators are not full-time, and the parties can not choose their own satisfied arbitrators. The chief arbitrator is even more so. The presiding arbitrator has the final decision of the arbitration, the arbitration commission, the director of a big impact on the determination of the presiding arbitrator, and as I mentioned earlier, chairman of the committee shall be held by a lot of administrative personnel, the independence of the arbitrator is not here, together with some of the arbitrators selected without strict procedures, its quality also worrying.

It is only a beginning to clarify the necessity of judicial supervision, and more importantly, to determine the reasonable scope of judicial supervision. Because if we insist on supervision, we will expand the scope of supervision indefinitely, which will impact the independence of arbitration and hinder the development of arbitration system. The judicial supervision of arbitration is still in a state of confusion.

The main contents of the current arbitration judicial supervision mechanism in China can be summarized into three aspects: first, the validity of the arbitration agreement; The second is the "revocation of the award"; Third, "no implementation". Specifically, the relevant provisions of arbitration law in China's arbitration law are as follows:

The people's court shall have the power to review the validity of the arbitration agreement and control the jurisdiction of the arbitration. Article 20 of the arbitration law stipulates: "if the parties have any objection to the validity of the arbitration agreement, they may request the arbitration commission to make a decision or request the people's court to make a ruling. "If one party requests the arbitration commission to make a ruling, the other party requests the people's court to make a ruling, and the people's court shall order it."

The people's court shall have the power to cancel the arbitration award. "Arbitration law" article 58 and article 70 of this law respectively on the domestic and foreign-related arbitration award of the arbitration shall be revoked, several kinds of circumstances, can see, the "arbitration law" in the domestic and foreign-related arbitration ruling to revoke the reason is there is a difference, in the award of the arbitration shall be revoked, the situation to the domestic review of entity, but not for to foreign.

The people's court shall have the right not to enforce the arbitration award. Based on the investigation to the current arbitration judicial supervision content, we can find that arbitration judicial supervision in our country there are the following features: for the domestic arbitration in our country and foreign trading affairs arbitration judicial surveillance, practice the "are" the "double track"; The people's court for the cancellation of the domestic arbitration award and the refusal to enforce more strictly, it is not only limited to the drawbacks of program content, but also to the physical aspects of the "wrong" shall have the right to review, and accordingly, the people's court for foreign-related arbitration award "undo" and "no" are generally not including entity.

Although in the earliest recorded in the UK, the arbitration court of arbitration of the intervention is very strict, but with the development of arbitration system, arbitration in the judicial intervention or is undergoing significant changes have occurred, thus forming a kind of developing trend, and this trend will continue.

Overall, this is a trend toward reducing the court's judicial intervention, in the affirmative arbitration, on the basis of independent, narrowing the scope of the court's intervention and extent, increase the support of the court of arbitration. This trend is first reflected in the international arbitration rules. Such as the New York convention of 1958, its core is the various states parties must admit and execute foreign arbitration award, and only in the parties that arbitration procedures by the lack of cases, the local court can refuse to acknowledge and of board; The international commercial arbitration model law of the United Nations and the international chamber of commerce arbitration rules have excluded the court's intervention to the maximum extent.

From the perspective of the two law systems, the Anglo-American law countries tend to give the court greater judicial participation, while the continental law system strictly limits the judicial supervision of the court. After the change of international arbitration rules, all countries have revised the judicial supervision of arbitration. The general trend is to reduce the judicial interference of the court and give arbitration more independent space.

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