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。     

上市公司收购与反收购的规则变迁

上市公司收购与反收购的规则,伴随收购价值理念的认知与收购类型的变化,处于变迁发展之中。我国公司收购立法秉承披露理念与公平保护精神,将要约收购规则从强制性全面要约改变为自愿部分性要约、重新定位了协议收购的规则、引入了间接收购规则、补充了反收购规则,从而更好地完善了企业资源的效率化配置与各方利益群体的公平保护。     

试论二语习得理论指导下法律英语教学中和谐心理环境的创设

在二语习得理论指导和法律英语教学实践观察的基础上,阐述立足英语课堂教学,英语教师创设利于学习者习得英语的和谐心理环境,这是促使学习者有效内化所输入语言、增强二语习得效果的有效策略.     

The National Context of Wicked Problems: Comparing Policies on Gun Violence in the US,Canada, and Australia

Scholars and practitioners have always been dogged by problems that are so complex that no practical solution appears to be possible. These have been referred to in the academic literature as “wicked” problems. However, it is possible that a problem’s “wickedness” depends in part on its context and on the vantage point of the observer, meaning that at least some aspects of wickedness can be thought of as being relative rather than absolute. In this article, the complex policy problem of gun control is examined across multiple national contexts to show how a problem that is perceived as being wicked in one jurisdiction can be seen as manageable in another.     

Twice-hyphenated: transnational identity among second-generation Ethiopian-American professionals in the Washington,DC, metropolitan area

This article examines the dynamics of transnational identity among second-generation Ethiopian-American professionals. Drawing on the experiences of 21 second-generation Ethiopian-American professionals, I analyze how they manage the dual challenges of maintaining Ethiopian identities while embracing American values and aspirations. Study participants indicated how their parents actively encourage them to embrace Ethiopian culture while they expect them to succeed in the US society. They expressed fear that if they become ‘too American’, they will disappoint their parents. Moreover, they find restricting their identity to one group or another too confining. They selectively choose defining ethnic characteristics from the cultural domains in which they operate –their families, social networks, and school environments; media images; popular culture; and the broader dominant culture. Most of them embrace individualism and autonomy in order to negotiate, create, and recreate their own transnational identities. The ethnic characteristics of second-generation Ethiopian-American can certainly be characterized as ‘hybrid identities’.     

Using yoshikono and war to save rakugo in Osaka

Abstract

In April 1936, the magazine Kamigata hanashi (Kamigata Story) was launched in Osaka. This was a rakugo (traditional comic storytelling) magazine published monthly out of a local storyteller's home. One mission of the magazine as laid out by the editor in the inaugural issue was to preserve a local narrative tradition that was losing a popularity battle with manzai (two-person stand-up comedy) and other modern performing arts and media. Interestingly, in the second year of the magazine's run, the editor issued a call for yoshikono, which, like dodoitsu, are songs conventionally written in lines of 7-7-7-5. This too was a tradition that, it was written, needed a champion. Yoshikono submissions increased with each issue until they filled multiple pages, reaching into the hundreds. Prizes were given for the best entries, and public yoshikono gatherings were advertised – singers and shamisen players were even enlisted in what appears to be an attempt to revive a community performance tradition with historic links to storytelling in Osaka. This article shines light on the largely forgotten art of yoshikono, discusses its role in an Osaka rakugo magazine from 1937 to 1940, offers forty verses in translation, and considers why yoshikono was unable to make a comeback after the Second World War.     

试论民事审判两审终审制的改革

我国现阶段的两审终审制度,虽然具有减少当事人诉累,节约审判资源的特点.但是,随着市场经济发展和案件类型与数量的剧增,两审终审制度的适时性、合理性已经逐渐地丧失,它在实际运作中已显得弊端丛生,我国民事诉讼的审级由两审终审走向多元化审级制度已成为时代的需要.     

第二语言附带性词汇习得的可行性分析

附带性习得是第二语言学习者在已经掌握了几千个常用词的前提下继续扩充词汇量的主要手段,是学习者在泛读过程中附带习得的。许多研究人员都探讨并证实了在阅读中上下文有利于词汇习得,而且阅读中习得词汇在很大程度上取决于学习者使用的猜词策略,但猜词策略也存在一定的局限性,其原因主要缘于猜词策略的局限性和学习者在意向性方面存在的差异。     

出借信用卡后擅取存款行为的法律评析

利用信用卡实施犯罪活动是近些年来较为常见的犯罪样态。行为人出借信用卡后擅取存款的行为,从民法上看,由于其没有支付相应对价,实质上属于不当得利。在此情形下,如行为人有能力返回而拒绝返还该财产,则在刑法上应当认定为侵占罪。运用刑民二次违法的思维模式和分析方法,有助于对疑难刑事案件做出正确判断,在司法实践中值得提倡。     

The delisting decision: The case of buyout offer with squeeze-out (BOSO)

In this paper, we exploit the specificity of going-private transactions that are initiated by the historic controlling shareholders (i.e. voluntary delistings). In Continental Europe, the majority of firms that become private do so following a buyout offer with squeeze-out (BOSO); using this mechanism, the controlling shareholder can cash out minorities and take the firm private. We argue that the decision to go private results from a cost–benefit analysis. Moreover, we pay particular attention to the consequences and the related costs of compliance resulting from the passage of the French Financial Security Law (FSL) in 2003. A quantitative study was performed using a unique dataset spanning 1997–2006. This data set consists of 140 French firms, of which 70 were voluntarily delisted via BOSO and 70 were industry-matched control firms. Univariate analysis and logistic regressions support the cost–benefit analysis: when listing benefits decrease because of weak liquidity and/or weak analyst coverage, it seems better for the firm to go private. Furthermore, the inherent characteristics of delisted firms (i.e. performance, leverage, and risk as measured by the beta factor) appear to be important driving factors of delisting. The passage of the FSL has strengthened the impact of these characteristics on the decision to go private. Mature firms that have weak performance and low specific risk and that are not financially constrained by debt will decide to go private because they cannot afford the listing status anymore. Finally, we show that the driving factors of delisting differ according to the identity of the controlling shareholder; specifically, the level of risk appears to be the strongest determinant for family firms, while non-family firms also consider their own financial structure.