Considerations for Restriction on the Right of Rescission in Case of Obviously Minor Breaches

Whether,and how,to rescind the right of one party(the non-breaching party)to rescind a contract in case of an obviously minor breach by the other party(the breaching party)is a recurring topic in the field of contract law.The Minutes of the Ninth Work Conference of the Courts Nationwide on Civil and Commercial Trial(the Minutes of the Ninth Work Conference)stipulates that whether a contract shall be rescinded depends on whether a breach is obviously minor and affects the fulfillment of the contract purposes expected by the non-breaching party.In juridical practice,however,there are no clear criteria to define what constitutes obviously minor breaches,and the factors considered in such cases are often inadequate to allow for a fully considered decision.By analyzing Article 55 of the Judicial Interpretation of the General Provisions of Contracts of the Civil Code of the People’s Republic of China(Draft for Comments)and reviewing the previous juridical practices,we present our conclusions regarding the conditions and factors that should be considered when restricting the right of rescission in cases of obviously minor breaches with a view to unifying the judicial judgment criteria by differentiating the type of breaches.

Without thought的“无意识”误区——深泽直人(Naoto Fukasawa,1956~)设计观念的思想基础及其开展路径阐析

日本设计师深泽直人提出的without thought本意为“无需思考”,在国内被翻译为“无意识设计”并广为传播,这在一定程度上导致我国学者过分强调该理念中的“无意识”内容而忽视其思想基础,还同时造成一些学者对该设计理念开展路径的误解。深泽直人设计观念的思想基础可以在生态心理学和禅学中找到来源,从个体意义到普遍价值,without thought中的无意识内涵则可从“行为—意义—价值”三个层面来理解。生态心理学和禅学皆有超越“二元”的思想特征,在认识方法上皆反对将他者对象化和主题化,与此呼应,深泽直人认为设计是一种直觉行为,并明确表明自己不用“分析—推理”的方式开展设计工作,概而言之,其接触“无意识”的设计路径旨在让设计者回到由感性直观构成的“生活世界”中,并以“具身性”的方式实现对他者的理解,通过这种“生命体验”扩展自我的边界,进而创造出具有“共感”的作品。

Validity Considerations in Designing an Oral English Test

Speaking is the main purpose and most important skill for second language learning.This paper reviews the important validity considerations in designing a test,such as face validity,content validity,on the basis of which the author analyzes the oral test paper for the postgraduate entrance interview in Shaanxi University of Technology,thus putting forward some methods to improve the test paper.

Management considerations following overdoses of modified-release morphine preparations

Analgesics have consistently remained the most common substance involved in human poisonings in the United States, with immediate action opioid analgesics associated with the greatest percent of fatalities per exposure.

Strategic Considerations on Development of WiMAX and Its Relationship with 3G and 4G

The paper states the characteristics and basic market positioning of WiMAX. It should be noted that WiMax is a new generation WMAN (Wideband MAN) broadband wireless access standard with good forward extensibility. It is emphasized that the basic market positioning of WiMAX should be nothing but WMAN applications. It is predicted that the applications of WiMax would face severe challenges mainly due to its high cost, at least at the initial stage. Finally the paper gives all-around analysis on the relationship between Wi-Fi, WiMAX, WBMA, 3G, 3G+ and 4G.

Neurosarcoidosis: An Illustrative Case and Review of Perioperative Considerations

Sarcoidosis is a multisystem inflammatory granulomatous disease of unknown etiology. Neurosarcoidosis (NS) is a rare but potentially devastating manifestation of sarcoidosis, with a prevalence of approximately 5% in patients with systemic sarcoidosis. Due to the possible involvement of any part of the nervous system, a myriad of neurological manifestations can occur. Clinical features resulting from involvement of the hypothalmo-pituitary axis and cranial nerves, in particular, cranial nerve VII are the more common presentations of this condition. Medical therapy with corticosteroids is the mainstay of treatment and providing tissue for diagnosis remains the principal indication for surgery. Therapeutically, neurosurgery is indicated only for life-threatening complications. We describe the clinical case of a patient with fatally progressive NS who had multiple anesthetic exposures. This case highlights the perioperative considerations of NS and its anesthetic implications.

Study on Low Hilly Cities Land Suitability Evaluation Method Based on Ecological Considerations—A Case Study of Longfeng New Town in Sichuan

Attention to the development of low hilly cities increases, in order to guide their development towards efficient and ecological land use. This paper takes eco-safety into consideration in the future layout of land for construction, and incorporates ecological security factors into traditional methods of land suitability evaluation based on topographic conditions. Taking the Longfeng New Town in Suining City as an example, the GIS platform is used to superimpose various evaluation factors. The evaluation index system is determined using the combination of the Delphi Technique and AHP. The result of correcting traditional land suitability evaluation is obtained, which provides decision support for improving the scientificity of land use planning and layout.

An Adjusted Model for Simple 1,2-Dyotropic Reactions. <i>Ab Initio</i>MO and VB Considerations

With an adjusted model, we reconsider simple 1,2-dyotropic reactions with the introduction of a concept based on the intramolecular dynamics of a tetrahedron (van ’t Hoff modeling). In fact the dyotropic reactions are strongly related to conversions originated from neighbouring group participation or anchimeric assistance, defined as the interaction of a center with a lone pair of electrons in an atom and the electrons present in aδor π bond. The researchful 1,2-dyotropic reactions, based on the 1,2-interchange of halogens, methyl and hydrogen taking place in a concerted fashion, are in competition with the two-step reaction in which the neighbouring group participation or anchimeric assistance comes to full expression by ionic dissociation of the other exchangeable (halogen) atom. As to be expected there is an essential difference between halogen or methyl exchange regarding the number of electrons participating in the transition state. This aspect becomes evident in the geometries of the corresponding transition state geometries. In this paper we refer to ab initio MO calculations and VB considerations. We consider the 1,2-halogen exchange as a combination of two SN2 reactions each containing four electrons. The van ’t Hoff dynamics appears a useful model in order to illustrate the computations in a straightforward manner.

Neuroprotection and recovery from early-life adversity: considerations for environmental enrichment

In the laboratory,environmental enrichment（EE）is used as a protocol to understand the functional,behavioral and molecular mechanisms that underlie neural plasticity（van Praag et al.,2000;Sale et al.,2014）.In addition,it is utilized to provide supplementary resources to animals in order to maintain their well-being and to preserve the scientific validity of the study at hand（see http：//www.nap.edu/catalog/12910/guide-for-thecare-and-use-of-laboratory-animals-eighth）.

Considerations on Novel Network Routing Mechanism

Routing is the cornerstone of network architecture, and a new routing mechanism is a requisite for constructing new network architecture. The current routing mechanism of the Internet layer is basically the single next-hop routing mechanism, which is the root of transmission congestion in the network. To solve this congestion problem, a fundamental measure is to change the route selection mode of current routing mechanism to allow parallel transmission over multiple routes. Currently, Border Gateway Protocol (BGP) is the only inter-domain routing protocol used in the Internet, but the routing system using BGP suffers scalability problem. To solve the scalability issue of the current inter-domain routing system, a new hierarchical routing system, i.e. Scalable Inter-Domain Routing Architecture (s-idra), is suggested. In addition to scalability, the current routing system is facing other challenges including security, Quality of Service (QoS), multicasting, mobility and dynamic network topology. Therefore, the research on routing protocols, especially the protocol for the new network architecture, is still a tough task and has a long way to go.

Critical analysis of current lexical presentation and pedagogic considerations

It is doubtless that vocabulary acquisition plays a crucial role in using a foreign language. When vocabulary gets the attention it deserves, that is, when students acquire explicit vocabulary through deep processing and re-encountering, they should also be aware that vocabulary acquisition is a task that involves various cognitive strategies. In this paper, some typical disadvantages of current word teaching are mainly analyzed, and suggestions for more efficient lexical oresentation are provided.

Analytical characteristics of a qPCR-based molecular diagnostic assay-conceptual considerations for laboratory personnel

Dear Editor：Quantitative real-time PCR has revolutionized molecular diagnostics with its ease of use,increased sensitivity and specificity and low turnaround time.PCR/quantitative PCR（qPCR）-based assays offer a distinct advantage over other serological/conventional diagnostic approaches.The ability to diagnose infectious diseases has benefited from the availability of US FDA approved and Conformite Europeenne（CE）-marked qPCR-based in-vitro diagnostic kits from international companies.The high-quality kits are calibrated with the World Health Organization（WHO）reference standards and the National Institute for Biological Standards and Control（NIBSC）standards.

Critical Considerations in the Immunochemical Detection and Quantitation of Antigenic Biomarkers

The formation of covalent adducts as a result of the interaction of metabolically activated chemicals with host macromolecules is a common critical event in mutagenic, carcinogenic, and immunologic phenomena. Because of their antigenicity and their immunogenicity, covalent adducts may be detected using sensitive immunochemical techniques. The immunochemical approaches to biomonitoring and molecular dosimetry of DNA damage are particularly attractive because they allow sensitive quantitation of specific DNA adducts present in small samples and do not rely on the use of radiolabeled adducts. Two examples of biomarker immunoassay development are presented: an avidin/biotin-amplified ELISA for the major DNA adduct of the human bladder carcinogen 4-aminobiphenyl (ABP), and a particle concentration fluorescent immunoassay (PCFIA) for the major protein adduct associated with toxicity by the prototype hepatotoxin acetaminophen. The examples illustrate critical steps in the development of biomarker immunoassays which include selection of the relevant adduct, preparation of an appropriate immunogen, immunization, characterization of antisera, and development of application-specific sample processing techniques for biomarker quantitation. Immunochemical procedures may be combined with other analytical techniques to form hybrid systems which take advantage of both the antigenicity and the physical or chemical properties of a biomarker to achieve greater specificity and/or sensitivity. The future usefulness of these new tools of molecular epidemiology will depend on a compound-by-compound validation of methods and critical evaluation of the biologic importance of the particular antigenic biomarker as an indicator of exposure and as an indicator of risk.

Shine bright: considerations on the use of fluorescent substrates in living monoaminergic neurons in vitro

The biogenic monoamines dopamine （DA）, norepinephrine （NE） and serotonin （5-hydroxytryptamine, 5-HT） are major neuromodulators in the mammalian central nervous system （CNS）. DA containing neurons are found in i） the mesolimbic system in which cell bodies in the ventral tegmental area （VTA） project axons into the amygdala, cortex, hippocampus and the nucleus accumbens; and ii） the nigrostriatal system in which cell bodies located in the substantia nigra pars compacta send their axons into the dorsolateral parts of the striatum （Bjorklund and Dunnett, 2007）. The central noradrenergic neurons are concentrated in distinct brainstem nuclei with the locus coeruleus （LC） being the most prominent nucleus which projects a diffusely arborizing axonal network to most areas of the CNS （Szabadi, 2013）.

Security Considerations on Three-Factor Anonymous Authentication Scheme for WSNs

Wireless sensor networks (WSNs) are used to monitor various environmental conditions including movement, pollution level, temperature, humidity, and etc. Secure authentication is very important for the success of WSNs. Li et al. proposed a three-factor anonymous authentication scheme in WSNs over Internet of things (IoT). They argued that their authentication scheme achieves more security and functional features, which are required for WSNs over IoT. Especially, they insisted that their user authentication scheme provides security against sensor node impersonation attack, and resists session-specific temporary information attack and various other attacks. However, this paper shows some security weaknesses in Li et al.’s scheme, especially focused on sensor node masquerading attack, known session-specific temporary information attack and deficiency of perfect forward secrecy. Especially, security considerations are very important to the modern IoT based applications. Thereby, the result of this paper could be very helpful for the IoT security researches.

Mobility of Various Intervariant Interfaces in 18R Martensitein a Cu-Zn-Al AlloyPart Ⅱ: Some Theoretical Considerations

Detailed crystallographic analysis has been undertaken on the various combinations Of 24 martensite variants in the 18R martensite of a Cu-Zn-Al shape memory alloy. Based upon the calculated crystallographic data, the interface energy of different twin interfaces was calculated using a lowangle-grain-interface model. For the variant/variant pairs in a self-accommodating group. the A/C type and A/B type interfaces have low interface energy, and A/D type interface is an intermediate one. In contrast, the intervariant interfaces that belong to different plate groups have high intrface energy. The calculated results are consiStent with the previous observations of the mobility of intervariant interfaces.

Perioperative considerations in patients with non small cell lung cancer and metastases in mediastinal lymph nodes

Since the latest revision of the TNM system reclassified T3N0 tumours into the ⅡB stage, N2 lesions became the major determinant of the ⅢA stage. Concerning the minority of patients with T3N1 tumours in this stage,

Legal and ethical considerations for the conduct of clinical trials with pediatric population especially in Europe

The objectives are to provide the ethical rationale as to why the conduct of scientific research in the pediatric population is moral responsibility?Also,the roles and responsibilities of the research ethics board are emphasized;Institutional Review Board to maintain and receive formal training and education to meet the ethical and regulatory standards for conducting scientific researches in the pediatric population.Another rationale is to ensure that the trial protocol involving the pediatric population conforms to ethical and legal requirements and to protect them while facilitating their participation in the scientific research process.Ethical and legal issues form a huge part of recent research;frauds and malpractices have been shown to throw a big part of healthcare funding and harm pediatrics health;however,improvements have been shown,but flaws are still there.

Eco-critical Considerations of Tao Yan-ming's and Words worth's Natural Poems

his paper is going to apply Christopher Mans' point of view in his essay "Nature and Silence" to the analysis of Tao Yuan-ming's and Wordsworth's poems from eco-critical angle. The analysis is supposed to prove that their natural poems are full of ecological consciousness.