时效取得制度中的善意与恶意

时效取得制度是否以善意占有为要件,存在不同观点及立法例。权衡利弊,不以善意占有为要件的时效取得制度更为可取。作为这一制度选择的体系化要求,有必要对占有人的占有方式、时效期间、溯及力及相关债权关系等作相应调整,以谋达既能维护财产秩序、促进物之效用,又能协调原权利人与占有人之间利益平衡的时效取得制度之构建。     

The ‘rule of experts’ in making a dynamic micro-insurance industry in India

India is reported to have the most dynamic micro-insurance market in the world and the largest weather-index insurance market among developing countries. This is interesting because, paradoxically, reports readily suggest that the primary hindrance for the industry is the widespread lack of effective demand for insurance. This paper seeks to identify, understand and problematize the paradox of resolutely promoting micro-insurance and its apparent rapid growth despite a manifest absence of demand for insurance. Neo-classical theories about risk-averse behaviour do not explain the current lack of appeal of insurance among the poor. Rather, I draw on a postcolonial political economy framework to argue that expert investment in getting prices and culture right while safeguarding micro-insurance supply currently explains the celebrated dynamism of Indian micro-insurance. I argue that promoting comprehensive institutional reform for an ideal investment and entrepreneurial climate involves securing mutually beneficial linkages, collaborations and knowledge within a broad assemblage of profit motives, insurance expertise, policy-makers and professionals. Insurance experts rule by promoting the micro-insurance sector while simultaneously investing in and gaining from discursive, material and pedagogical construction of this industry. Future research should address whether such processes and products are effective in managing financial risks of the poor.     

论我国行政诉讼之现状——以司法权与行政权的关系为视角

我国立法上将司法权与行政权之间的关系定位为“维护与监督关系”,现实运作上体现为:司法权对行政权维护有余而监督不足,司法权在一定程度上被行政权僭越甚至与其合而为一。如此关系造成了许多不良后果,使得我国行政诉讼制度在困境中愈陷愈深。     

Changes in calls for police service with changes in routine activities and the arrival and passage of weather fronts

Proceeding on the assumptions that the day of the week is the best predictor of the levels of calls for police service, that calls for police service emanate from the pursuit of routine activities, and that weather influences routine activities, this paper examines how the expected change in the level of calls for service for a particular day of the week in Chicago is altered with the arrival and passage of weather fronts. Fronts taking 1 day to pass Chicago have a broader effect on the changes in calls across the days of the week than fronts taking 2 days in passage. On the whole, the 2-day fronts significantly alter calls for service during the weekdays but not on the weekend, while 1-day fronts significantly alter calls on both weekdays and weekends. In general, cold fronts decrease calls for service, and warm fronts increase calls for service.     

The effects of weather on homicide

This article examines the correlation between weather features and homicide in. Baltimore, Maryland, over an 8-year span of time. The consistent meteorological-measure of importance is the number of previous days in a row in which the discomfort index (a temperature and humidity measure) has been over the physiologically relevant level of 79. In all cases, however, the variance explained is quite small. The results are used to compare physiological and interactional explanations of weather or heat effects, leading to the conclusion that the repertoire of habits and adaptations available to the individual conditions his or her reactions to physiological stress induced by the weather.     

The Pledge to Reform

正The annual National People’s Congress(NPC)and Chinese People’s Political Consultative Conference(CPPCC)took place in Beijing from March 3 to March 13 amid brisk,early spring weather.During the two sessions,China’s development direction in domestic and diplomatic affairs was publicized.The new messages they conveyed made headlines in Chinese and foreign media,and projected a bright future for the country.     

FOCUS

正Photo News February 17,2014Ballet dancer Zhang Yashu performs in front of Australia’s iconic landmarks,the Opera House and the Harbor Bridge,in Sydney.She is among a group of celebrated Chinese artists who will give a series of performances in Sydney and Melbourne.     

论不良网络文化对青少年的影响及对策

网络无时无刻不在影响着人们的思想观念、生活方式,尤其对于青少年而言,更是具有非常大的诱惑。但在不良网络文化的影响下,青少年的民族意识弱化,导致违法犯罪行为增多,造成人格缺陷,影响学业;损害了青少年身体健康等。因此,政府、学校、家庭在教育引导青少年正确地面对网络的问题上负有重要的职责和义务,只有做到协调统一、齐抓共管,才能最大限度地消弱和遏制不良网络文化所造成的负面影响。     

Adipocere Formation in Subtropical Climate of Northern India: A Retrospective Study

Adipocere formation depends upon multiple environmental factors. In comparison with temperate countries, it usually develops early in the subtropical climate. We have studied a retrospective data of 31 cases with adipocere formation at Department of Forensic Medicine at All India Institute of Medical Sciences, New Delhi. Most of the cases were recovered during the month of May to October from closed rooms at home, open grounds, open forest areas, various water sources, and riverbanks. The time duration of recovery from the time of death was from 12 h to 7 days 12 h. In 10 cases, adipocere formation was seen within 2 days, and in four male cases among them, the adipocere formed within a day. Most of the bodies showing adipocere formation within 2 days were recovered from land. These facts showed that subtropical climate having hot and humid weather promotes early adipocere formation compared to temperate climate.     

Unpredictable Behavior Under the Influence of “Magic Mushrooms”: A Case Report and Review of the Literature

Fatalities implicating psychedelic mushrooms are not a common clinical situation in everyday forensic medicine. Despite classification as an illegal drug in many countries, psilocybin mushrooms have the reputation of being safe. We report the case of a young man who jumped from a second story balcony under the influence of psilocybin mushrooms. The psilocin assay was performed by gas chromatography coupled to an electron‐impact ionization time‐of‐flight detector (GC‐EI‐TOF) after solid‐phase extraction. Total psilocin was quantified in peripheral and cardiac blood as 60 and 67 ng/mL, respectively, and in urine (2230 ng/mL), bile (3102 ng/mL), and vitreous humor (57 ng/mL). This case report and review of literature highlights the danger of psilocybin mushrooms. Isolated use of psilocybin mushrooms by a regular consumer without psychiatric history, even under “safe” circumstances, can lead to a fatal outcome.