从错失的500万元解读彩票合同

作为格式合同的一种,彩票合同理应受相应的限制。然而,当碰到具体问题时,具体分析当事人的权利之争才是符合公平正义的立法精神的做法。此外,作为射幸合同的一种,符合合同约定的条件是发生相应法律效果的充分以及必要条件;彩票合同法律效果要达到,兑奖期限同样是必要条件。     

The Impact of Language Status as an Acculturative Stressor on Internalizing and Externalizing Behaviors among Latino/a Children: A Longitudinal Analysis from School Entry through Third Grade

This study examined the relationship between limited English proficiency status, and internalizing and externalizing behaviors among a sample of Latino/a children (N = 2,840) from the US Department of Education’s Early Childhood Longitudinal Study, Kindergarten (ECLS-K) data set. Results of cross sectional regression and hierarchical linear modeling (HLM) analyses suggest that there is a positive relationship between limited English proficiency and externalizing symptoms, particularly by third grade. Additionally, sex and place of birth also helped to explain externalizing behaviors at various time points in the models. Place of birth and family poverty were significantly associated with internalizing symptoms. Implications for future research and interventions related to internalizing and externalizing behavior among the Latino/a school aged population are discussed.

古代中国与朝鲜的“气”哲学传统比较

在中国,元气自然论在王充以后,受魏晋玄学思辩哲学的压抑一度发展低迷,到北宋张载时走向高峰而发展为元气本体论,后又受程朱"理"论的排挤,一度衰微。300年后,王廷相、王夫之的气论又形成发展高潮。在朝鲜,确立气一元论哲学的徐敬德之后,气哲学传统就表现为主理主气之争、唯理唯气之争,最终由崔汉绮总集成。中国的气论主要作为宇宙本根论,道器、形而上、形而下等范畴始终成为诠释的中心。朝鲜的气论则更多地是对心、性、情等伦理本体的探讨,故主要围绕理气、心性、善恶等概念进行了研究。     

Lessons of Russian in Afghanistan

The experience of Soviet involvement in Afghanistan (1979–1989) is considered through the prism of institutional transfers. Afghanistan has a long history of attempts to implement Muslim, Soviet and Anglo-Saxon institutional designs. Most of them have failed. This failure can be attributed to the lack of ‘elective affinity’ between traditional and new institutions imported from more developed countries. It is argued that a careful examination of the degree of elective affinity must precede any attempt of institutional transfers. An analysis of Ph.D. dissertations defended by Afghan students at Soviet and Russian universities complements logical arguments and references to historical facts.

香港民事侵权刍议

香港民事侵权分为侵犯和非故意干扰两类,对民事侵权的救济可以是法外的,也可以是经过法庭裁定的。在民事侵权诉讼中的被告,可以提出免责理由为其辩护以达到免除责任的目的。可以对香港地区民事侵权的含义、种类、救济手段以及答辩等法律规定予以借鉴。     

也论对犯罪客体的质疑

犯罪客体不是犯罪构成的必要要件：从法理上看,犯罪客体就是犯罪对象;从立法上看,犯罪客体并不具有立法本意;从哲学上看,社会关系的直接载体就是人或物;从社会学角度看,社会关系受制于具体的人或物。     

抓住机遇促进发展 公路客运大有可为

分析我国公路客运良好的发展形势和存在的问题,指出公路客运面临的挑战和机遇,提出加强公路客运建设的几点意见,并展望公路客运广阔的发展前景.     

Limits to non‐state market regulation: A qualitative comparative analysis of the international sport footwear industry and the Fair Labor Association

Non‐state market regulation has become a central focus and continues to receive scholarly attention. The present paper provides an assessment of the conditions under which multinational firms join a multi‐stakeholder certification initiative. The cases of the Fair labor Association and 17 international sport footwear companies have been selected for this purpose. A Qualitative Comparative Analysis of the 17 cases is performed. The paper argues that the combination of sustained NGO pressure and public ownership of a firm is a necessary precondition for firms joining a multi‐stakeholder certification initiative. The theoretical and policy implications of this result are discussed.     

Histological examination of carotid artery tissue in cases of ligature strangulation and hanging

Violence against the neck can result in a range of macromorphological and micromorphological findings. However, the forensic relevance of the carotid sinus in cases of violence against the neck remains controversial. In this follow-up study of 22 cases of suicidal and accidental strangulations, carotid bifurcations were examined histologically for morphological changes implying direct trauma, including haemorrhage and immunohistochemical expression of heat-shock proteins 27, 60, and 70 and aquaporin-3. These cases were compared with a control group (82 cases) without neck compression or head trauma and with variable causes of death. No relevant histopathological findings implying direct trauma of the carotid bifurcation were found. No cases showed positive aquaporin-3 staining and only five cases showed positive heat-shock protein-27 staining, all of which were hangings. Without massive trauma of the carotid bifurcation, histological alterations cannot be expected. Without signs of rapid death, findings of acute circulatory failure, macromorphological and micromorphological findings of neck compression, and reliable markers indicating relevant impact on the carotid bifurcation the diagnosis of a lethal reflex cannot be verified.

Key points

• Among 22 cases of strangulation causing death, there were 16 cases of hanging and 6 cases of ligature strangulation
• Few cases showed small haemorrhages located predominantly in the surrounding fat and connective tissues; however, the haemorrhages did not have any effects on the tissues
• Neck compression had minimal effects on heat shock protein 27 expression in carotid artery tissue
• Aquaporin-3 staining suggested it is not a useful marker for relevant neck pressure, or that there had not been any relevant neck impact
• Our findings suggested no direct evidence for reflex cardiac death resulting from a brief force against the neck