The Scopes of Res Judicata in Civil judgment: the Constitution of Res Judicata in China

既判力是民事判决效力理论的重要组成部份，既判力范围的界定与司法实务结合紧密，是既判力制度的重要内容。本文旨在借鉴大陆法系和英美法系关于既判力范围的理论和制度，从实务出发，通过立法完善我国既判力范围的界定，从而构建既判力的基本制度。 本文除前言和结语外，分为五章。 第一章是既判力的概述。本章主要介绍既判力的产生与发展、既判力的涵义以及既判力的范围。综合各国学者观点，笔者主张我国既判力的涵义的界定应当包括以下基本内容：第一，只有确定的、终局的判决才具有既判力；第二，既判力具有强制性；第三，既判力是裁判内容所具有的效力；第四，既判力的效力及于当事人和法院。 第二章是既判力的基准时。本章主要论述...The res judicata is the most important part in the theory of effect of judgment. The deletion of the res judicata is a big deficiency of civil procedure law in our country. China is establishing rule of law, which also requires research and regulation on the res judicata. The scopes of res judicata is the basic content in res judicata, it has intimate connection with judicial practice. This articl...学位：法学硕士院系专业：法学院法律系_诉讼法学学号：20040805

The Exclusionary Rule In American Civil Procedures and Its Value for Reference

美国民事诉讼排除规则是既判力理论在美国民事诉讼中的具体运用,主要包括请求排除和争点排除两方面内容。排除规则在美国民事司法中的良好运行,根源于其具体的制度设计、司法理念乃至美国的政府结构、政府职能。反观我国,由于相关立法的缺失和受重实体、轻程序观念的影响,既判力无法发生效力。当然,美国民事诉讼排除规则也并非尽善尽美,深入理解其制度的内涵,结合我国实际情况,才能真正使之为我所用。The Former Adjudication,including the claim preclusion and the issue preclusion,is actually the application of Res Judicata.The Former Adjudication's important role in Justice dues to the Justice idea,the structure and function of government in the USA,and also the design of the system itself.But the Res Judicata had no effect in China,because of the limitation in legislation and some obsolete and obstinate views like "emphasize substantiality and ignore procedure".Actually,the Former Adjudication is not so perfect,so the only right way to use it for reference is to research the connotation of the system combined with the particular situation in China

Measurement of separate electron and positron spectra from 10 to 20 GeV with the geomagnetic field on DAMPE*

The cosmic-ray (CR) electrons and positrons in space are of considerable significance for studying the origin and propagation of CRs. The satellite-borne detector Dark Matter Particle Explorer (DAMPE) has been used to measure the separate electron and positron spectra, as well as the positron fraction. In this study, the Earth's magnetic field is used to distinguish CR electrons and positrons, as the DAMPE detector does not carry an onboard magnet. The energy for the measurements ranges from 10 to 20 GeV, which is currently limited at high energy by the zenith-pointing orientation of DAMPE. The results are consistent with previous measurements based on the magnetic spectrometer by AMS-02 and PAMELA, whereas the results of Fermi-LAT appear to be systematically shifted to larger values

Determination of the number of ψ(3686) events taken at BESIII

The number of ψ(3686) events collected by the BESIII detector during the 2021 run period is determined to be (2259.3±11.1)×106 by counting inclusive ψ(3686) hadronic events. The uncertainty is systematic and the statistical uncertainty is negligible. Meanwhile, the numbers of ψ(3686) events collected during the 2009 and 2012 run periods are updated to be (107.7±0.6)×106 and (345.4±2.6)×106, respectively. Both numbers are consistent with the previous measurements within one standard deviation. The total number of ψ(3686) events in the three data samples is (2712.4±14.3)×10^

Prediction of Energy Resolution in the JUNO Experiment

International audienceThis paper presents the energy resolution study in the JUNO experiment, incorporating the latest knowledge acquired during the detector construction phase. The determination of neutrino mass ordering in JUNO requires an exceptional energy resolution better than 3% at 1 MeV. To achieve this ambitious goal, significant efforts have been undertaken in the design and production of the key components of the JUNO detector. Various factors affecting the detection of inverse beta decay signals have an impact on the energy resolution, extending beyond the statistical fluctuations of the detected number of photons, such as the properties of liquid scintillator, performance of photomultiplier tubes, and the energy reconstruction algorithm. To account for these effects, a full JUNO simulation and reconstruction approach is employed. This enables the modeling of all relevant effects and the evaluation of associated inputs to accurately estimate the energy resolution. The study reveals an energy resolution of 2.95% at 1 MeV. Furthermore, the study assesses the contribution of major effects to the overall energy resolution budget. This analysis serves as a reference for interpreting future measurements of energy resolution during JUNO data taking. Moreover, it provides a guideline in comprehending the energy resolution characteristics of liquid scintillator-based detectors

JUNO Sensitivity on Proton Decay p→νˉK+p\to \bar\nu K^+ Searches

The Jiangmen Underground Neutrino Observatory (JUNO) is a large liquid scintillator detector designed to explore many topics in fundamental physics. In this paper, the potential on searching for proton decay in $p\to \bar\nu K^+$ mode with JUNO is investigated.The kaon and its decay particles feature a clear three-fold coincidence signature that results in a high efficiency for identification. Moreover, the excellent energy resolution of JUNO permits to suppress the sizable background caused by other delayed signals. Based on these advantages, the detection efficiency for the proton decay via $p\to \bar\nu K^+$ is 36.9% with a background level of 0.2 events after 10 years of data taking. The estimated sensitivity based on 200 kton-years exposure is $9.6 \times 10^{33}$ years, competitive with the current best limits on the proton lifetime in this channel

JUNO sensitivity on proton decay p → ν K + searches*

The Jiangmen Underground Neutrino Observatory (JUNO) is a large liquid scintillator detector designed to explore many topics in fundamental physics. In this study, the potential of searching for proton decay in the $p\to \bar{\nu} K^+$ mode with JUNO is investigated. The kaon and its decay particles feature a clear three-fold coincidence signature that results in a high efficiency for identification. Moreover, the excellent energy resolution of JUNO permits suppression of the sizable background caused by other delayed signals. Based on these advantages, the detection efficiency for the proton decay via $p\to \bar{\nu} K^+$ is 36.9% ± 4.9% with a background level of $0.2\pm 0.05({\rm syst})\pm$$0.2({\rm stat})$ events after 10 years of data collection. The estimated sensitivity based on 200 kton-years of exposure is $9.6 \times 10^{33}$ years, which is competitive with the current best limits on the proton lifetime in this channel and complements the use of different detection technologies