默示承诺浅议——兼论《合同法》第22条规定之缺陷

默示承诺是承诺的形式之一 ,以默示承诺订立的合同在实践中大量存在。依行为方式的不同 ,默示承诺可分为推定承诺和沉默承诺两种基本类型。明确确定默示承诺的各种形式及其法律意义 ,对于维护交易安全和当事人的利益 ,减少交易纠纷都有重要的意义。各国立法对此都有相应的规定 ,我国《合同法》也认可了默示承诺的效力 ,但还需进行进一步的完善。     

Uses Of Blood: Re-Reading Matt. 27:25

‘The entire people cry out, “His blood be on us and on our children.”’ Is this the epochal ‘no’ of Israel renouncing its birthright? The legal precedent is not in delict but in contract, in treaties and covenants in which an entire people bind themselves and their descendants, their entire nation, in perpetuity by an imprecatory curse-oath identifying themselves and their descendants with a blood sacrifice that seals the contract. Legally, treaties and covenants require contemporaneous ratification. The author of Matthew’s gospel obtains the acclamations of the other actors, Pilate, the soldiers, the chief priests, scribes and elders and from the sign atop the cross by the formulaic talisman, ‘King of the Jews’ or ‘Israel’s King’ that each recite. He obtains the crowd’s acclamation from Pilate using together the words ‘Christ’ (Messiah) and ‘blood’ and employing a Jewish hand washing ritual. The purpose of the hand washing ritual was to forgive Israel for the guilt of innocent blood. However, Pilate uses this ritual meant to forgive Israel for its extreme opposite perverse purpose to condemn Israel. But the crowd uses the words ‘blood on’ in a different sense that evades Pilate’s request. ‘Blood on’ in the sacrificial system meant acceptance of a sacrificial blood offering.     

Guidelines for the identification of unknown samples for laboratories performing forensic analyses for chemical terrorism

Since the early 1990s, the FBI Laboratory has sponsored Scientific Working Groups to improve discipline practices and build consensus among the forensic community. The Scientific Working Group on the Forensic Analysis of Chemical, Biological, Radiological and Nuclear Terrorism developed guidance, contained in this document, on issues forensic laboratories encounter when accepting and analyzing unknown samples associated with chemical terrorism, including laboratory capabilities and analytical testing plans. In the context of forensic analysis of chemical terrorism, this guidance defines an unknown sample and addresses what constitutes definitive and tentative identification. Laboratory safety, reporting issues, and postreporting considerations are also discussed. Utilization of these guidelines, as part of planning for forensic analysis related to a chemical terrorism incident, may help avoid unfortunate consequences not only to the public but also to the laboratory personnel.     

Implicit judgments of rape cases: an experiment on the determinants and consequences of implicit evaluations in a rape case

Implicit evaluations reflect people’s gut response toward an attitude object and are based on associative processes. They are the starting ground for more reflective processes and subsequent explicit evaluations. The present research examined determinants and consequences of implicit evaluations in a rape case. Situational (i.e. specifics of the rape case) and personal factors (i.e. rape myth acceptance) were demonstrated to influence both explicit and implicit judgments of the rape case. Moreover, sex of participant influenced participants’ implicit evaluations but affected explicit judgments only indirectly via the implicit evaluation. People’s gut response was shown to affect their explicit judgment of the case, and this effect was particularly pronounced for people with a low need for cognition (i.e. people who do not like to engage in effortful processing). The discussion focuses on the role of implicit cognition and implicit biases in judicial decision-making.     

同时裂解甲基化气相色谱法快速鉴别人体脂肪及动植物油脂

采用同时裂解甲基化气相色谱法（SPM－GC），首次分析人体脂肪，并且观察人体脂肪、猪、鸡、牛、羊脂和豆油中7种脂肪酸的组份含量变化。根据7种主要脂肪酸（肉豆蔻酸、棕榈酸、棕榈油酸、硬脂酸、油酸、亚油酸和亚麻酸）甲酯的百分含量可有效地进行鉴别。结果表明：通过SPM－GC法分析油脂，可将传统的油脂酯化法时间由2个多小时缩短到1分钟左右。数据C．V．％＜4％，最小检测量为1．Oμg。最佳比例四甲基氢氧化按（TMAH）甲醇液（TMAH：甲醇＝1：10，V／V），可消除油脂中多不饱和脂肪酸的异构化和降解。     

Aggressive Problem-Solving Strategies,Aggressive Behavior,and Social Acceptance in Early and Late Adolescence

This study examined the relations between aggressive problem-solving strategies and aggressive behavior, and the intervening role of social acceptance in that relation in early and late adolescence. The subjects were 1655 11- and 17-year-old adolescents (863 girls and 792 boys). They completed a questionnaire measuring aggressive problem-solving strategies, while assessments of aggressive behavior and social acceptance were obtained by peer nominations. The results showed that aggressive problem-solving strategies were significantly but not very highly associated with aggressive behavior among both age groups. The role of social acceptance was of high importance, this being the major finding of this study. The aggressive-accepted adolescents underestimated their aggressiveness, i.e., had as low a level of self-rated aggressive strategies as the nonaggressive adolescents. This was particularly true of the late adolescents. The self-rated strategies of the nonaggressive adolescents were not dependent on their level of social acceptance. Finally, some gender differences were found. The findings are discussed in terms of the development of sociability and social knowledge about the self.     

Working hard on the outside: a multimodal critical discourse analysis of The Biggest Loser Australia

The Biggest Loser (TBL) is a reality television weight-loss programme that positions itself as a response to the so-called “obesity crisis”. Research on TBL has thus far focussed on audience responses and its effect on viewers’ beliefs about weight loss. This article focuses instead on how meaning is constructed in TBL. We conducted a multimodal critical discourse analysis of a key episode of TBL (the 2012 Australian season finale) to examine how the textual, visual and auditory elements combine to construct meanings beyond the ostensible health messages. Although the overt message is that all contestants have worked hard, turned their lives around and been “successful”, examination of editing choices, lighting and colour, clothing and time spent on contestants allows us to see that the programme constructs varying degrees of success between contestants and provides accounts for these differences in outcomes. In this way the programme is able to present itself as a putative celebration of all contestants while prescribing narrow limits around what constitutes success. TBL reinforces an ideology in which “success” is a direct result of “the work” of weight loss (both physical and emotional), which can apparently be read straightforwardly off the body. TBL’s “celebration” of weight loss thus reproduces and strengthens the widespread view of fat bodies as physical manifestations of individual (ir)responsibility and psychological dysfunction, and contributes to the ongoing stigmatisation of obesity.     

关系视角下中国的医患契约与医患纠纷

通过对契约的解析,我们发现,在实践层面上,构成契约的要约与承诺远非完全一致,“镜面原则”也是遥不可及的梦想。因此,考量契约时,我们不得不将双方当事人的个体情况及其他社会因素都纳入我们的视野。同样,由于在医患契约中,医患双方之间存在着巨大的信息差,这也使“镜面原则”根本难以实现。为了能正确解读中国的医患关系和医患纠纷,我们不得不把它还原到其所处的社会背景中。     

起诉难:一个中国问题的思索

我国起诉难问题主要源于我国特有的一种超法律规范的司法政策限制。这种司法政策限制主要是基于我国的现实状况、实质正义优先、传统意识以及治理习惯等因素。但这种调整以牺牲法律和司法的权威性以及法律的普遍性为代价,不利于我国的法治建设。在我国从传统法治转向现代法治的过程中,随着法律调整范围的扩大和法律体系的完善,这种政策性调整的适用应当逐步加以限制以至最终取消。     

我国行政诉讼受案范围规范体系之崩溃与重构

以《行政诉讼法》为核心的行政诉讼受案范围规范体系是特定社会历史条件下的产物,该体系走向彻底瓦解与崩溃,这不仅是国内司法实践蓬勃发展的客观要求,更是WTO框架下国际社会普遍实践猛烈冲击的必然结果。我国行政诉讼受案范围规范体系的重构思路应以破除陈旧观念、解放思想为指导原则,树立与国际社会普遍实践接轨的国际立法理念,并与中国实践紧密结合。同时,我国行政诉讼法的发展须大大推动其国际化进程。