违约方请求确认合同解除的审查思路

违约方不享有单方解除合同的权利,违约方的单方解除通知行为构成违约,不能引起合同解除的法律后果。虽然在符合特定情形时,违约方可以要求解除合同,但只能以起诉的方式请求法院判决解除。对于违约方提起的确认解除合同的请求,法院经审理认为合同未解除的,在违约方未变更诉讼请求的情况下应依法予以驳回。     

中国小额贷款公司的作用与发展策略研究

该文分析了小额贷款公司的作用,指出其面临着性质定位、监管体制、资金来源、经营风险和技术支撑等方面的约束,提出了制定相应的法律法规,采取健全制度、改善发展环境以及创新经营模式等政策建议。     

最低消费标准的法经济学分析及规制——以餐饮业为主要分析对象

关于最低消费标准的争议在理论界一直存在。细究之,餐饮业设置最低消费标准有收回成本的合理性基础,一味地采取禁止型规制并不能很好地保护消费者的利益。因此应将重点放在标准的合理设定和消费者的知情权的充分保障上。依此类推。在规制其他行业的最低消费标准时,立法者与司法者也同样应当谨慎对待。     

Violence and the perception of risk associated with hosting refugees

Public Choice - How do individuals’ experiences with political violence affect their perceptions regarding the risk associated with hosting refugees? This is an important question given that...     

近视者最佳矫正视力与屈光参数间的相关性

目的 探究近视者最佳矫正视力(best corrected visual acuity,BCVA)与屈光参数等相关指标之间的相关性.方法 选取2274例(4245眼)不同程度近视者,检测近视者的BCVA和球镜屈光度(diopter ofspherical,DS)、柱镜屈光度(diopter of cylinder,DC...     

中央政府西藏工作方略的丰富和发展——中央第五次西藏工作座谈会精神管窥

西藏是祖国西南边陲具有重要战略地位的省级民族区域自治地方。中央政府对西藏工作始终高度重视,1980年以来已先后召开过四次西藏工作座谈会,每一次会议都针对当时西藏工作面临的形势和突出问题进行研究,明确重大政策,做出战略部署。2010年1月,中央政府又召开了第五次西藏工作座谈会(以下简     

A Cross-National Analysis of the Mediating Effect of Economic Deprivation on Crime

This study develops and tests a model of economic deprivation and crime using data from 52 nations for the years 1995–1999. The model, centering on the role of absolute and relative economic deprivation in mediating crime, predicts that social change causes variation in economic deprivation, which, in turn, leads to variation in crime rates. The results show that the relative deprivation variable, income inequality, mediates a large portion of the effects of two social change variables, population growth and urbanization, on homicide, while one of the absolute deprivation variables, GDP, transmits a great part of the effects of social change variables on theft. Both social change variables were found to have a weak direct connection to homicide and theft rates. Implications for policy and future research are discussed.     

Differentiating cause-of-death terminology for deaths coded as sudden infant death syndrome, accidental suffocation, and unknown cause: an investigation using US death certificates, 2003-2004

We compared written text on infant death certificates for deaths coded as sudden infant death syndrome (R95), unknown cause (R99), and accidental suffocation (W75). Using US mortality files supplemented with the death certifiers' written text for all infant deaths with International Classification of Diseases (ICD)-10 assigned codes R95, R99, and W75, we formed cause-of-death subcategories from common themes identified from the written text. Among all infant deaths in 2003-2004, the underlying cause of death was listed as R99 for 2128 deaths, R95 for 4408 deaths, and W75 for 931 deaths. Among the postneonatal deaths, the differences in subcategories varied between assigned ICD-10 codes: for R99-coded deaths, 45.8% were categorized as "Unknown" and 48.6% as "Pending"; for R95-coded deaths, 67.7% were categorized as "sudden infant death syndrome (SIDS)"; and for W75-coded deaths, 76.4% were categorized as "Suffocation." Examination of the written text on the death certificates demonstrates variability in the assigned ICD-10 codes which could have an important effect on the estimates of SIDS cases in the United States.     

The links between religiosity, childhood sexual abuse, and subsequent marijuana use: an empirical inquiry of a sample of female college students

A number of studies indicate that childhood sexual abuse (CSA) has a negative impact on later psychological well-being. It is well documented that experiences of CSA are associated with depression, self-destructiveness, and subsequent substance abuse or alcohol consumption. Compared with women who experienced no such sexual abuse in childhood, women who were victims of sexual abuse in childhood were more likely to be depressed and use drugs or consume alcohol in later life. Analyzing data of 1,569 females derived from the "Longitudinal Study of Violence Against Women," this study examines whether the strain caused by sexual victimization leads to a higher level of subsequent marijuana use and whether religiosity moderates the negative effects of CSA. It was found that CSA was associated with an increased level of marijuana use in high school. However, more proximate sexual victimization (victimization in college) seemed to override the impact of CSA on subsequent marijuana use. Religiosity was found to moderate the effect of CSA on marijuana use in high school. Religiosity was negatively associated with marijuana use in high school as well as the second and fourth collegiate years. Policy implications and promising directions for future research are discussed.     

The incidence of drugs of impairment in oral fluid from random roadside testing

Oral fluid (OF) has become a popular specimen to test for presence of drugs, particularly in regards to road safety. In Victoria, OF specimens from drivers have been used to test for the presence of methylamphetamine (MA) and Δ(9)-tetrahydrocannabinol (THC) since 2003 and 3,4-methylenedioxy-N-methylamphetamine (MDMA) since 2006. LC-MS/MS has been used to test the most recent 853 submitted OF specimens from Victoria Police for 31 drugs of abuse including those listed in the Australian Standard AS4760-2006. At least one proscribed drug was detected in 96% of drivers, of which MA was the most common (77%), followed by THC (42%), MDMA (17%) and the combination of all three (3.9%). Opioids were detected in 14% of drivers of which 4.8% were positive for 6-acetylmorphine and 3.3% for methadone. The incidence of the opioids tramadol (1.2%) and oxycodone (1.1%) were relatively low. Cocaine (8.0%) was as commonly detected as benzodiazepines (8.0%), and was almost always found in combination with MA (7.9%). Samples positive to benzodiazepines were largely due to diazepam (3.5%) and alprazolam (3.4%), with only 0.2% of drivers combining the two. Ketamine was also detected in 1.5% of cases. While the incidences of the proscribed drugs itself are concerning, it is clear that many drivers are also using other drugs capable of causing impairment.