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本文将以陈某与俞某、曾某、黄某道路交通事故人身损害赔偿纠纷一案为例,分析在机动车买卖后,未办理登记过户手续,发生了道路交通事故,登记车主与实际车主的责任承担问题,进而阐述机动车买卖所有权及风险转移的相关法律规定。 相似文献
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目的 针对导致交通事故的各种原因就车辆因素进行了较详细的分析.方法 对进行车辆技术状况检验的着手方面、要点做了相关分析并结合相关实例进行举例分析,对造成事故中的关键因素车速的计算及计算方法做了简要讨论.结果 总结了进行整车配置、制动系统、转向系统、汽车灯光与信号系统与轮胎检验时需注意的要点.根据车速计算方法,得出一起追尾事故中某货车在事发时未达到高速公路最低限速的鉴定结论.结论 进行车辆安全技术状况检验时,需注意相关要点,以尽量避免道路交通事故的发生. 相似文献
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第二次世界大战以来,机动车逐渐成为人们的最常用的交通代步工具,因而相关的道路交通安全事故逐步成为最常见的人身伤害事由之一。因此道路交通事故的民事赔偿问题开始进入各界专家的视野中,立法者逐步建立起归责原则体系,以抑制交通事故的发生。本文首先分析中国人民财产保险股份有限公司东营市开发区支公司与裴怀英等道路交通事故人身损害赔偿纠纷再审案,然后根据案例引出对道路交通事故归责原则的探讨,最后分析道路交通事故之归责原则的发展前景。 相似文献
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In this article we compare the propensity to intermarry of various migrant groups and their children who settled in Germany, France, England, Belgium and the Netherlands in the post-war period, using a wide range of available statistical data. We try to explain different intermarriage patterns within the framework of Alba and Nee's assimilation theory and pay special attention to the role of religion, colour and colonial background. We therefore compare colonial with non colonial migrants and within these categories between groups with ‘European’ (Christian) and non-European (Islam, Hinduism) religions. First of all, religion appears to be an important variable. Migrants whose faith has no tradition in Western Europe intermarry at a much lower rate than those whose religious backgrounds correspond with those that are common in the country of settlement. The rate of ethnic endogamous marriages in Western Europe are highest in Hindu and Muslim communities, often regardless if they came as guest workers or colonial migrants. Whereas differences in religion diminish the propensity to intermarry, colour or ‘racial’ differences on the other hand seem to be less important. This is largely explained by the pre-migration socialisation. Furthermore, the paper argues that the attention to institutions, as rightly advocated by Richard Alba and Victor Nee, needs a more refined and layered elaboration. Institutions, often as barriers to intermarriage, do not only emanate from the receiving society, but also—be it less formalized—within migrant communities. Especially religions and family systems, but also organized nationalist feelings, can have a profound influence on how migrants think about endogamy. Finally, strong pressures to assimilate, often through institutionalized forms of discrimination and stigmatization, not only produce isolation and frustrate assimilation (with resulting low intermarriage rates), but can also stimulate assimilation by 'passing' mechanisms. These factors, together with a more comparative perspective, are not completely ignored in the new assimilation theory, but—as this study of Western European intermarriage patterns stresses—deserve to be included more systematically in historical and social scientist analyses. 相似文献
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Evaluation appointment orders provide enforceable scaffolding for conduct of family court parenting plan evaluations, and use of the evaluator's reports, feedback, file, and testimony. Unlike a contract, a stipulated or adjudicated appointment order is directly enforceable by the family court. It unambiguously positions the evaluator as the family court's appointee – answerable directly to the court and, in some jurisdictions, protected by quasi-judicial immunity from damages claims. A well-crafted appointment order governs the roles and expectations of the court, the evaluator, the parties, the lawyers, and the collateral witnesses. An appointment order mandates the legal duties, rights, powers, and responsibilities of the professionals, the parties, and the collateral witnesses. At minimum, an appointment order articulates the legal basis for the appointment, the purpose and scope of the evaluation, compensation of evaluator, and the duty of the parties to participate in the process. A written evaluation protocol or procedures statement discloses in advance the methods of investigation and assessment that the evaluator intends to use. Together, the appointment order and written protocol help the evaluator, lawyers, parents, and judge manage the complexity of the evaluation process. 相似文献
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David Shulman 《Journal of Indian Philosophy》2008,36(4):481-505
Sanskrit poeticians make the visionary faculty of pratibhā a necessary part of the professional poet’s make-up. The term has a pre-history in Bhartṛhari’s linguistic metaphysics, where
it is used to explain the unitary perception of meaning. This essay examines the relation between pratibhā and possible theories of the imagination, with a focus on three unusual theoreticians—Rājaśekhara, Kuntaka, and Jagannātha
Paṇḍita. Rājaśekhara offers an analysis of pratibhā that is heavily interactive, requiring the discerning presence of the bhāvaka listener or critic; he also positions pratibhā in relation to Bildung (vyutpatti) and practice. For Kuntaka, pratibhā, never an ex nihilo creation by a poet, serves as the basis for the peculiar forms of intensified insight and experience that constitute poetry;
these may also involve the creative scrambling and re-articulation of the object in terms of its systemic composition. At
times, Kuntaka’s pratibhā comes close to a strong notion of imaginative process. But the full-fledged thematization of the imagination, and of pratibhā as its support and mechanism, is best seen in the seventeenth-century debates preserved for us by Jagannātha. A link is suggested
between the discourse of poetic imagination in Jagannātha and similar themes that turn up in Indo-Persian poets such as Bedil. 相似文献
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Too many youth and young adults find themselves on the streets, couch‐surfing with friends, in emergency shelters or worse, after exiting the child welfare and juvenile justice systems. In some circumstances, youth have had court hearings until their exit from the legal system, but those hearings have not focused on long‐range plans of youth and emergencies youth may encounter. In other circumstances, there has been little or no planning prior to discharge, especially for young people who leave the juvenile justice system. Courts can and should prevent, alleviate or end youth homelessness for youth who appear before them through strategies that are enumerated in the recently‐passed NCJFCJ resolution. This article expounds on three of these strategies – coordinating transition and re‐entry plans, insisting on effective legal representation of youth, and utilizing sound judicial leadership. It also describes the concurrent efforts of the Coalition for Juvenile Justice and the American Bar Association's Homeless Youth Legal Network to remove legal barriers and improve outcomes for youth and young adults experiencing homelessness. 相似文献
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In this paper, the problem of illusory perception, as approached by the Nyāya and Advaita Vedānta schools of philosophy, is discussed from the standpoint of the Parimala. This seminal work belonging to the Bhāmatī tradition of Advaita Vedānta was composed in the sixteenth century by the polymath Appaya Dīk?ita. In the context of discussing various theories of illusion, Dīk?ita dwells upon the Nyāya theory of anyathākhyāti, and its connection with jñānalak?a?apratyāsatti as a causal factor for perception, and closely examines if such an extraordinary (alaukika) perception is tenable to explain illusory perception. He then proceeds to point out the deficiencies of this model and thereby brings to the fore the anirvacanīyakhyāti of Advaitins as the only theory which stands scrutiny. 相似文献
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The paper briefly outlines the status of technology transfer related issues in drugs & pharma and biotechnology sectors in
India. The paper also outlines the contemporary business strategies including R&D and technology transfer models. The study
indicates that present technology transfer policies and mechanisms are weak and need to be restructured. The current fiscal
incentives and tax concessions etc. available for R&D in industry seem to have outlived and are no longer attractive because
of continuous lowering of tariff rates and tax rates in the context of WTO and liberalization of policies. Moreover, the issue
of R&D support to industry is not covered in the WTO as in case of subsidies. Therefore, it is advisable for the government
to revisit the existing promotional measures for R&D. FDI policies also need to be tailored to encourage Technology transfers
and capability building. Recommendations are made for making Technology Transfer more effective for the growth and competitiveness
of the industry. A technology transfer management model is suggested.
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K. A. Jacobsen 《Journal of Indian Philosophy》2006,34(6):587-605
In Sāṃkhya similes are an important means to communicate basic philosophical teachings. In the texts similes are frequently
used, especially in the Sāṃkhya passages in the Mahābhārata, in the Sāṃkhyakārikā and in the Sāṃkhyasūtra. This paper compares the similes in these three texts and analyses changes in the philosophy as revealed in the similes.
A comparison of the similes of Sāṃkhya texts produced over more than one thousand years reveals changes in the emphasis in
this philosophical system. The purpose of the similes in the Sāṃkhya passages of the Mahābhārata is to produce an intuitive understanding of the separateness of puruṣa and prakṛti. The similes are designed to lead the
listener to understand this basic dualism. In the Sāṃkhyakārikā the most difficult issues are the relationship between prakṛti
and puruṣa and the idea of prakṛti working for the salvation of puruṣa. One whole chapter of the Sāṃkhyasūtra is devoted to similes. 相似文献
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Isabelle Ratié 《Journal of Indian Philosophy》2007,35(4):313-370
Idealism is the core of the Pratyabhijñã philosophy: the main goal of Utpaladeva (fl. c. 925–950 AD) and of his commentator Abhinavagupta (fl. c. 975–1025 AD) is to establish that nothing exists outside of consciousness. In the course of their demonstration, these ?aiva philosophers endeavour to distinguish their idealism from that of a rival system, the Buddhist Vijñānavāda. This article aims at examining the concept of otherness (paratva) as it is presented in the Pratyabhijñā philosophy in contrast with that of the Vijñānavādins’. Although, according to the Pratyabhijñā, the other subjects are not ultimately real since all subjects are nothing but limited manifestations of a single absolute subject, the fact that we are aware of their existence in the practical world has to be accounted for. The Vijñānavādins explain it by arguing the we infer the others’ existence. The Pratyabhijñā philosophers, while refuting their opponents’ reasoning as it is expounded in Dharmakīrti’s Santānāntarasiddhi, develop a particulary original analysis of our awareness of the others, stating that this awareness is neither a perception (pratyak?a) nor an inference (anumāna), but rather a guess (ūha) in which we sense the others’ freedom (svātantrya). 相似文献
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Alastair R. McGlashan 《Journal of Indian Philosophy》2009,37(3):291-310
This paper presents an English translation from the original Tamil of the canonical Saivite hagiographical work, the Tiruttoṇṭar Tiruvantāti of Nampi Āṇṭār Nampi. The date of this work is disputed, but it was probably composed at some point between 870 and 1118
CE. This classical Tamil poem gives in summary form the lives of the sixty three Saivite saints of the sixth to ninth centuries
known as the Nāyaṉmār, or Tiruttoṇṭar (“holy servants”, sc. of the Lord Siva). The paper also includes an Introduction, setting
out the context of the poem and its place in the Saivite literary tradition from which the Saiva Siddhanta philosophy subsequently
developed, and Notes which explain the mythological and other references which the poem contains. 相似文献
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Christopher Framarin 《Journal of Indian Philosophy》2009,37(4):399-414
In his Brahmasūtrabhāṣya 1.1.4, Rāmānuja argues that the knowledge of the liberated person precludes ignorance and its effects, and therefore precludes
the possibility of jīvanmukti (embodied liberation). The Advaitin replies that the knowledge of the liberated is consistent with a certain kind of karma that prolongs embodiment, hence jīvanmukti is possible. In his Bhagavadgītābhāṣya 2.12, however, Rāmānuja points out that even if the jīvanmukta (embodied liberated person) still experiences appearances, he does not count them as reasons for acting, and therefore does
not act. Hence Rāmānuja’s objection to jīvanmukti is both conceptual and practical, and it is the practical problem that is the more difficult to resolve. 相似文献