长株潭“两型社会”建设的市场化融资路径

自设立"两型社会"建设综合配套改革试验区以来,长株潭"两型社会"建设进展顺利,目前已进入新一轮的建设高峰期。然而要深入落实"弯道超车、科学跨越"的总战略,探索一条适时高效的市场化融资路径迫在眉睫。长株潭"两型社会"建设融资的市场化运作分为融资主体的市场化、融资项目的市场化、融资条件的市场化以及融资工具的市场化四个环节。打造市场化的融资主体,首先要打造融资平台,其次要提升融资平台的服务能力;培育市场化的融资项目,要科学规划一批重点项目,采取市场化手段促进项目转换;完善市场化的融资条件,要构造均衡的现金流和完善的信用结构;选择市场化的融资工具,要充分发挥单一融资工具的功能,探索两个或两个以上融资工具的组合设计。     

保险不利解释原则适用的二维视域——弱者保护与技术维护之衡平

保险不利解释原则在实践中面临滥用、误用、漏用之乱象,导致维护保险产品技术品性与保护弱者平衡矛盾的特别功能被忽略。应从顶层设计的高度去定位和优化不利解释原则,使其能够在实现惩罚条款设计过失的规范性价值的同时,也能够有效实现缓冲保险人说明义务的机制性价值。在具体适用中应坚持合理扩张与严格限定的二维路径,以尽可能地避免条款无效、解决条款模糊难题。     

刑法三元结构模式下被害人过错的认定与适用——以侵犯人身权利命案为视角

被害人过错是侵犯人身权利命案中的重要酌定情节.由于刑法二元结构模式存在许多问题,因此,十分有必要将犯罪人与国家的刑法二元结构模式转换到犯罪人、被害人和国家的刑法三元结构模式.应当明确界定被害人过错的范畴;被害人过错的标准,包括主体专属性、时间确定性、行为过错性、作用因果性、程度明显性;规范被害人过错的认定,保证和放宽适用的前提、扩大和规范适用的影响、完善和改进适用的依据.     

Economic impossibility in Turkish contract law from the perspective of law and economics

We argue that the proposed introduction of the doctrine of economic impossibility in Article 137 of the reform draft of the Turkish Code of Obligations is in line with economic considerations and facilitates business transactions. This new rule gives courts the explicit power to terminate a contract and relieve the party, which owes specific performance of its obligation, without imposing any duty to pay expectation damages to the other party. We argue that a court??s decision to terminate a contract under economic impossibility should be based on three tests. First, a low-probability-event occurs between contract formation and performance. Second, this event causes an excessive increase in the costs of specific performance. Third, the concept of an excessive increase should take into due consideration the other party??s interest in specific performance. The reform draft includes explicitly the first two tests, but not the third test. We also show under which conditions an excessive performance difficulty should not lead to termination of the contract but rather to an adjustment of the agreed price. We argue that the rule of economic impossibility, if diligently adjudicated, saves the parties transactions costs in comparison to a rule under which the law insists on specific performance or damage payments. We also argue that a specific rule of economic impossibility leads to better and more business-oriented solutions to the underlying problems than the alternative, which is to solve such problems under the broad and unspecific cover of the ??good faith?? or the ??Clausula Rebus Sic Stantibus?? doctrine.     

Strategic Misspecification in Regression Models

Common regression models are often structurally inconsistent with strategic interaction. We demonstrate that this "strategic misspecification" is really an issue of structural (or functional form) misspecification. The misspecification can be equivalently written as a form of omitted variable bias, where the omitted variables are nonlinear terms arising from the players' expected utility calculations and often from data aggregation. We characterize the extent of the specification error in terms of model parameters and the data and show that typical regressions models can at times give exactly the opposite inferences versus the true strategic data-generating process. Researchers are recommended to pay closer attention to their theoretical models, the implications of those models concerning their statistical models, and vice versa.     

论民族音乐在校园文化中的展现

热爱民族音乐,振兴民族音乐,弘扬民族音乐是我们音乐教育工作者的责任。民乐绝不可以通俗化,民乐是民乐,通俗是通俗,振兴民族音乐必须做到创新与继承相结合、普及与提高相结合、扶持与保证相结合利用地方特色资源,满足学生学习音乐的欲望。学校有计划、有组织、有步骤地开展少数民族音乐特色的课堂教学,能够吸引学生学习音乐的兴趣。     

The Adoption of Local Option Fuel Taxes: Evidence From Florida Counties

This study examines the time to adoption of local option fuel taxes (LOFTs) among Florida counties from 1972 to 2015. Florida county governments are authorized to levy up to 12 cents of LOFTs in the form of three separate instruments. Using a Cox proportional hazards model, this study finds that additional LOFT instruments in place affect time to adoption and that the factors associated with the adoption of LOFTs differ from those of local option sales taxes. Additionally, there is evidence that suggests the legal structure of LOFTs affects both the time to adoption and the relationship with other LOFTs.     

人类mtDNA控制区异质性

目的观察mtDNA的点突变异质性和长度异质性。方法运用直接测序法对50名无关个体及16名母系家族成员的血液、口腔上皮细胞、头发的mtDNAHVI、HVII区序列进行分析,并对20例HVI区直接测序失败的无关个体进行克隆后测序分析。结果同一个体的三种检材样本及16名母系家族成员的序列一致,未见异质性存在;同一个体的不同克隆的C延伸区的长度有差异,存在长度异质性。但同一个体的血液和头发具有相似的长度变异类型,即长度异质性在组织间无差异。结论mtDNA碱基序列具有同质性及稳定性,适用于法医学检案。     

Malpractice and system of expertise in anaesthetic procedures in Turkey

Deaths which occur during the administration of anaesthetics require medicolegal investigations. The objective of this study is to form a database for future comparisons related to anaesthetic-associated malpractice claims and also to investigate the system of expertise, pertaining to such procedures. The decisions of the Supreme Health Council, whose expert opinion is requested by legal authorities (judges, prosecutors) for health workers brought to trial in a criminal court, were examined retrospectively over the period 1995-1999. In 21 (2.3%) of the 888 decision reports prepared by the council the team members (the anaesthesiologist , the anaesthetic assistant, the anaesthetic technician, the nurse) were directly interrogated. Data concerning these 21 council decisions were evaluated within the scope of this study. It was found that 57% of the 21 decisions were related to medical procedures carried out in state hospitals. Of the 21 cases, 62% were males, 38% females. General anaesthesia was applied to 19 of the cases while one received regional (local) anaesthesia and one axillary blockade. Twenty died of complications associated with anaesthesia. Autopsy was performed on 11 (55%) of the dead. Health workers were found to have different degrees of liability in the 16 (76%) of the 21 decision reports. In their medical practices, anaesthesiologists , like other specialists, are subject to legal procedures in the country where they perform their duties, to national and international principles of ethics, and to diagnostic and curative standards/procedures relevant to the scientific level of the country concerned. In anaesthetic malpractice claims, certain standards need to be followed in inquiries and approaches so as to determine the real reasons behind the disabilities and/or deaths which occur. In order that sound evaluations could be made in such cases, the experts as well as the system of expertise should be efficient and authorized.     

Lead isotope measurement of primer gunshot residues and likelihood ratio predictions for forensic cartridge discrimination and individualization in China

Gunshot residues (GSR), cartridge projectiles, and casings are frequently encountered evidence in gun-related forensic investigations. However, in circumstances where the investigation of striation marks is impossible, such as unrecovered or deformed projectiles and cartridge casings, GSR deposited on the hands or clothes of the shooter and victim-related items can provide information to establish a link between the suspect, the firearms used, and the victim. Since the formula of primers used by all cartridge manufacturers in China is identical, links based on the conventional morphological and compositional analysis of GSR are difficult to establish. However, the abundance of lead isotopes in primer components of lead styphnate varies significantly, and a fundamental understanding of these differences may facilitate the validation of primer (p)GSR evidence in forensic investigations. Here, 44 pGSR samples were characterized by Pb isotope ratios of ²⁰⁶Pb/²⁰⁴Pb, ²⁰⁷Pb/²⁰⁴Pb, and ²⁰⁸Pb/²⁰⁴Pb using laser ablation multicollector inductively coupled plasma mass spectrometry. There was no obvious mass fractionation of the lead isotope ratios of the primers from individual cartridges analyzed before and after the shooting process, thereby establishing a basis for the comparison of pGSR and unfired cartridges. Evaluation of the results using univariate likelihood ratio (LR) computations revealed low rates of misleading evidence (<0.53%) The results demonstrated that lead isotope ratio analysis of pGSR and LR predictions can provide a practicable method for forensic cartridge discrimination and individualization.