论事实上的契约关系——对第三法域的探索

"事实上的契约关系"是一个在国际范围内争论较大的问题。作者认为,应当将这一问题置于"社会法"这一第三法域来加以认识。随着社会关系被纳入三个层次的调整模式,当事人之间的个别契约只是作为社会关系调整过程中的一个片断而存在。由于当事人之间的协商空间放大大压缩,事实过程也能产生契约关系,触发一种受到社会法保护的法律关系。

Ranking Potential Reply-Providers in Community Question Answering System

Community Question Answering （CQA） websites have greatly facilitated users＇ lives, with an increasing number of people seeking help and exchanging ideas on the Internet. This newlymerged community features two characteristics： social relations and an ask-reply mechanism. As users＇ behaviours and social statuses play a more important role in CQA services than traditional answer retrieving websites, researchers＇ concerns have shifted from the need to passively find existing answers to actively seeking potential reply providers that may give answers in the near future. We analyse datasets derived from an online CQA system named ＂Quora＂, and observed that compared with traditional question answering services, users tend to contribute replies rather than questions for help in the CQA system. Inspired by the findings, we seek ways to evaluate the users＇ ability to offer prompt and reliable help, taking into account activity, authority and social reputation char- acteristics. We propose a hybrid method that is based on a Question-User network and social network using optimised PageRank algorithm. Experimental results show the efficiency of the proposed method for ranking potential answer-providers.

Prediction of dust fall concentrations in urban atmospheric environment through support vector regression

Support vector regression （SVR） method is a novel type of learning machine algorithms, which is seldom applied to the development of urban atmospheric quality models under multiple socio-economic factors. This study presents four SVR models by selecting linear, radial basis, spline, and polynomial functions as kernels, respectively for the prediction of urban dust fall levels. The inputs of the models are identified as industrial coal consumption, population density, traffic flow coefficient, and shopping density coefficient. The training and testing results show that the SVR model with radial basis kernel performs better than the other three both in the training and testing processes. In addition, a number of scenario analyses reveal that the most suitable parameters （insensitive loss function e, the parameter to reduce the influence of error C, and discrete level or average distribution of parameters σ） are 0.001, 0.5, and 2 000, respectively.

Mathematical Modeling in Social Network Analysis： Using TOPSIS to Find Node Influences in a Social Network

In a social network analysis the output provided includes many measures and metrics. For each of these measures and metric, the output provides the ability to obtain a rank ordering of the nodes in terms of these measures. We might use this information in decision making concerning disrupting or deceiving a given network. All is fine when all the measures indicate the same node as the key or influential node. What happens when the measures indicate different key nodes？ Our goal in this paper is to explore two methodologies to identify the key players or nodes in a given network. We apply TOPSIS to analyze these outputs to find the most influential nodes as a function of the decision makers＇ inputs as a process to consider both subjective and objectives inputs through pairwise comparison matrices. We illustrate our results using two common networks from the literature： the Kite network and the Information flow network from Knoke and Wood. We discuss some basic sensitivity analysis can may be applied to the methods. We find the use of TOPSIS as a flexible method to weight the criterion based upon the decision makers＇ inputs or the topology of the network.

Global optimization by small-world optimization algorithm based on social relationship network

A fast global convergence algorithm, small-world optimization (SWO), was designed to solve the global optimization problems, which was inspired from small-world theory and six degrees of separation principle in sociology. Firstly, the solution space was organized into a small-world network model based on social relationship network. Secondly, a simple search strategy was adopted to navigate into this network in order to realize the optimization. In SWO, the two operators for searching the short-range contacts and long-range contacts in small-world network were corresponding to the exploitation and exploration, which have been revealed as the common features in many intelligent algorithms. The proposed algorithm was validated via popular benchmark functions and engineering problems. And also the impacts of parameters were studied. The simulation results indicate that because of the small-world theory, it is suitable for heuristic methods to search targets efficiently in this constructed small-world network model. It is not easy for each test mail to fall into a local trap by shifting into two mapping spaces in order to accelerate the convergence speed. Compared with some classical algorithms, SWO is inherited with optimal features and outstanding in convergence speed. Thus, the algorithm can be considered as a good alternative to solve global optimization problems.

A study on needs analysis of learners of Turkish language

This paper reports a small-scale study of needs analysis of leamers of Turkish as a foreign language at University of Florida. Needs analysis is described in the context of foreign language learning as ＂a systematic and ongoing process of gathering information about students＇ needs and preferences, interpreting the information and then making course decisions in order to meet those needs＂ （Graves, 2000, p. 74）. Because foreign language instruction has become much more learner-centered in recent years, needs analysis is a must for effective learning processes to occur （LONG, 1999, 2005; Kikuchi ＆ Apple, 2006）. In this context, the purpose of this pilot study is to gather information about the students＇ needs in learning Turkish at Center for European Studies, where less commonly taught languages, including Czech, Greek, Hungarian and Polish are offered. Drawing on interview data compiled from a number of studies （Tarone ＆ Yule, 1989; LI ＆ Richards, 1995）, the findings indicate that the students＇ needs may be grouped under four categories including their linguistic needs, their objectives in learning Turkish, learning resources, psychological and sociological factors that may impact their learning experiences. In the light of the interview findings, certain suggestions as to how to teach Turkish effectively are made.

Research on Community Structure in Bus Transport Networks

We abstract the bus transport networks(BTNs)to two kinds of complex networks with space L and spaceP methods respectively.Using improved community detecting algorithm(PKM agglomerative algorithm),we analyzethe community property of two kinds of BTNs graphs.The results show that the BTNs graph described with space Lmethod have obvious community property,but the other kind of BTNs graph described with space P method have not.The reason is that the BTNs graph described with space P method have the intense overlapping community propertyand general community division algorithms can not identify this kind of community structure.To overcome this problem,we propose a novel community structure called N-depth community and present a corresponding community detectingalgorithm,which can detect overlapping community.Applying the novel community structure and detecting algorithmto a BTN evolution model described with space P,whose network property agrees well with real BTNs',we get obviouscommunity property.

The Research on Social Networks Public Opinion Propagation Influence Models and Its Controllability

Public opinion propagation control is one of the hot topics in contemporary social network research. With the rapid dissemination of information over the Internet, the traditional isolation and vaccination strategies can no longer achieve satisfactory results. A positive guidance technology for public opinion diffusion is urgently needed. First, based on the analysis of influence network controllability and public opinion diffusion, a positive guidance technology is proposed and a new model that supports external control is established. Second, in combination with the influence network, a public opinion propagation influence network model is designed and a public opinion control point selection algorithm(POCDNSA) is proposed. Finally, An experiment verified that this algorithm can lead to users receiving the correct guidance quickly and accurately, reducing the impact of false public opinion information; the effect of CELF is no better than that of the POCDNSA algorithm. The main reason is that the former is completely based on the diffusion cascade information contained in the training data, but does not consider the specific situation of the network structure and the diffusion of public opinion information in the closed set. thus, the effectiveness and feasibility of the algorithm is proven. The findings of this article therefore provide useful insights for the implementation of public opinion control.

Understanding the health and social care needs of people living with IBD: A meta-synthesis of the evidence

AIM:To undertake a metasynthesis of qualitative studies to understand the health and social needs of people living with inflammatory bowel disease (IBD). METHODS:A systematic search strategy identified qualitative studies exploring the phenomenon of living with inflammatory bowel disease. Databases included MEDLINE, PsychInfo, EMBASE, CINAHL and the British Nursing Index via the OVID platform. Qualitative search filters were adapted from Hedges database (http://www.urmc.rochester.edu/hslt/miner/ digital_library/tip_sheets/Cinahl_eb_filters.pdf). Qualitative empirical studies exploring the health and social needs of people living with inflammatory bowel disease were selected. Study eligibility and data extraction were independently completed using the Critical Appraisal Skills Programme for qualitative studies. The studies were analysed and synthesised using metasynthesis methodology. The themes from the studies allowed for common translations into a new interpretation of the impact of living with inflammatory bowel disease. RESULTS:Of 1395 studies, six published studies and one unpublished thesis fulfilled the inclusion criteria. First iteration of synthesis identified 16 themes, 2nd iteration synthesised these into three main 2nd order constructs:"detained by the disease"; "living in a world of disease" and "wrestling with life". "Detained by the disease" is the fear of incontinence, the behaviour the patients display due to the fear, and the impact this has on the individual, such as social isolation and missing out on life events. All of these serve to "pull" the patient back from normal living. "Living in a world of disease" is the long term effects of living with a long term condition and the fear of these effects. "Wrestling with life" is the continued fight to thrive, the "push" to continue normal living. CONCLUSION:The metasynthesis provides a comprehensive representation of living with IBD. The unmistakeable burden of incontinence is exposed and its ongoing effects are demonstrated. The combined overall impact of living with IBD is the tension these patients live with:"Pushed and pulled:a compromised life", people living with IBD experience a constant conflict throughout their lives, they push to be normal but IBD pulls them back. The impact of the fear of incontinence and behaviour of the individual as a result, requires further qualitative enquiry.

Elevative Deixis in Wano Exploring Human Social Cognition in Grammar

Wano, spoken by about 7,000 native speakers, is a Papuan language of Trans-New Guinea Phylum, Dani-Kwerba Stock, which is found in the interior of Papua of the regency of Puncak Jaya. The language is closely related to Dani, Walak, and Nggem. It is an SOV language typology that has a complex morphological system. Four spatial dimensions are morphosyntactically coded in elevative deixis, which are steepness/non-steepness distinction, proximity/distality distinction, adverbial/attributive expressions, and vertical/horizontal plane. This paper discusses the grammatical operation of a set of two-term system： ei ＂up＂ and ou ＂down＂ that serves as the basic forms for the elevational deixis in Wano.

An efficient shortest path approach for social networks based on community structure

Finding the shortest path （SP） in a large-scale network analysis between any two nodes is a tough but very significant task. The SP can help us to analyze the information spreading performance and research the latent relationship in the weighted social network, and so on. As the size of the social network increases, the traditional SP algorithms have poor performance and there is not a suitable algorithm for weighted social network. Some features of the network analysis are beneficial to solve this problem, and community structure ignored by the traditional methods is one of the most important features. In this paper, we propose a shortest path algorithm based on community detection （SPCD） by integrating community detection algorithm with traditional search methods. SPCD constructs a community graph by using community structure to narrow the searching scope. The algorithm presented improves the time efficiency and maintains the accuracy scale of the SR Experimental results on five real-world networks demonstrate the effectiveness of the proposed methods for the SP problem.

Legal thinking under legal globalization and social transformation

China now is in an important period of social transformation, it puts forward unique requirements for changes from the ethics community to the legal social, and also for law operation, legal developments and public awareness of the laws. Law globalization both is a result of globalization in other areas, but also a tool to promote other areas of globalization, and its essence is the performance of the laws of all countries in the world being more interdependent to further strengthen. From a legal point to analysis, to identify the root causes and find ways to solve and to provide a useful reference for the current socialist harmonious society is very necessary.

Governing Climate Change Adaptation in the EU and China:An Analysis of Formal Institutions

Both the European Union （EU） and China are culturally, economically, climatologically and environmentally diverse polities. The EU is a multi-state grouping of economically developed democratic countries, while China is a unitary sovereign state and a developing economy with a strong government bureaucracy. Our hypothesis is that given their diverse political systems, the EU and China would develop different kinds of systems for the governance of adaptation to climate change. We test this hypothesis through a comparative analysis of policy documents from the two study areas, in which we examine framework policies, programmatic actions and specific actions that have been adopted to date in order to address climate change, with a specific focus on the water sector. We find that climate change adaptation began to be addressed through formal policy on a similar timeline in the two regions. The EU and China are also similar in that they use framework laws and existing sectoral policy, such as for the water sector. We find that the EU has primarily relied on integration of climate change adaptation concerns through legal instruments which set a framework for implementation of adaptation policy. In China, specific actions to be incorporated in socio-economic development plans under the existing legislation on adaptation have been the main mode for integrating adaptation into sectoral actions, though the future trend may be to develop more regulations.

A Conceptual Inquisition on Sexual Crimes

In this paper, the starting point comprises the general philosophy of sexuality. Despite certain differences in various cultures throughout the world and social history regarding all matters of sexuality, many converging principles of mankind are also there to take notice. In this light, in this work, the dimension of criminality in sexuality is taken into consideration. Rape seems to be the most common type of violent sexual crime. The topic of sexual offences （milder crimes） in the legal framework is further developed and debated, with references to figures of authority. Sexual harassment seems to be the mildest form or degree of offence on a scale depicting the spectrum of sexual crimes. As a matter of fact, its mere definition emerged only in contemporary times, even though its presence had been a fact of social life, throughout the ages. In this paper, while a general survey is preferred, peculiarities due to Turkey as a separate country with its own cultural history, are also alluded to inappropriate places, along the course of debates.

A Phytosociological Study of Hydrocotyle mannfi and Centella asiatica Weed Community in Kampala （Uganda, Eastern Africa）

A phytosociological study of a weed community dominated by Hydrocotyle mannii and Centella asiatica was carried out in Kampala, the capital city of Uganda from 2000 to 2002. The Zurich-Montpellier School of Phytosociology method was used with special emphasis on floristic and synecological structure as well as on dynamic aspects. This community was found to grow on shady moist roadsides and is about 15 cm high. In total, 54 species were recorded; most of them are annual, anemochorous and widespread. The Hydrocotyle mannii and Centella asiatica community is described as a new weed association： Hydocotylo-Centelletum asiaticae Mosango ass. nova.. Hydrocotyle mannii, Centella asiatica, Dichondra repens and Sida veronicifolia have been recognized as the character species of this association. The Hydrocotylo-Centelletum is a pioneer association. It has been ascribed to the alliance Eleusinion indicae Leonard 1950 which includes plant communities growing on shady roadsides. In terms of ecological succession, it appears to be evolving to the Asystasia gangetica herbaceous fallow association which belongs to the alliance Panicion maximi. It belongs to the order Ruderali-Euphorbietalia Schmitz 1971 and the class Ruderali-Manihotetea Leonard in Taton 1949.

Analysis of the trend of translation criteria from the semiotic point of view

During the past two to three decades, developments in the fields of transformational grammar, general and contrastive linguistics, semantics, pragmatics, information theory, anthropology, semiotics, psychology and discourse analysis etc., have produced great influence on general translation theory, enabling the discipline to broaden the areas of investigation and to offer fresh insights into the concept of correspondence on transference between linguistic and cultural systems. Through this essay, the author would like to cast some lights on the relationship between translation and semiotics and tries to predict the developing trend of translation criteria from the angle of sociosemiotics.

Trust and Structural Response to Natural Disaster： Some Implications to Government Reform

The Philippine government is a representative democracy. It has three co-equal branches of government namely the executive, legislative, and judicial, operating on the principle of check and balance. Issues that had riddled top officials of government remained unresolved hitherto; and, the local government units had their own lingering issues. The government structure therefore did not seem to have the mechanism to correct itself. This paper argues that responses to, as well as the ensuing conditions of the survivors of natural disasters, are affected by how much trust the incumbents of relevant government structures have of each other and that actors outside of the government hierarchy can offer avenues for reform. Tropical Storm Washi that hit Cagayan de Oro City could be a case in point. It left thousands of people dead or missing, millions of dollars in damages, and thousands of internally displaced persons （IDPs）. The local government, tasked by the local government code to handle matters related to social welfare, did not seem to have performed as expected. In an apparent lack of trust, donor agencies preferred to course cash and relief items through conduits others than the local government. While the system remained unable to correct itself, the victims of the disaster continued to suffer. Civil society organizations and non-government organizations were trying to re-establish people’s trust in the system through legal measures, and hope that electoral reforms could be instituted.

Japanese Social Mentality and the Change in the Approval Rates of the Abe Administration

From June to July of 2017, the approval rates of the Abe administration fell sharply, in stark contrast to the long-term stability since 2012. The stability of Abe＇ s approval rates originated from the people＇ s negative support for him and their opposition to the Security Laws and other important events as well as the scandals under his administration. The opposition and negative support originated from the people＇s ＂acquired helplessness＂, ＂Abenomics＂, the sharp drop in the opporttmity costs of voting and other conditions. The sudden fall of Abe＇ s approval rates was not due to the change in the aforementioned conditions, rather because of the collapse of his image including personality owing to Abe＇ s perceived arrogance and his estrangement with the people. In the context of the temporary stabilization of approval rates, Abe dissolved the House of Representatives ahead of schedule and held a general election, taking full advantage of the internal strife between the opposition parties, to achieve his goal of ruling until the 2020 Tokyo Olympics. His victory in the recent election does not accurately demonstrate that Abe is completely immune to negative impact, thus he will to use the Korean Peninsula crisis and other issues to demonstrate his ability of safeguarding Japan＇s security, seek reconstruction of his image, and further enhance his approval rate to stabilize his administration.

CRSG:A congestion control routing algorithm for security defense based on social psychology and game theory in DTN

The inherent selfishness of each node for the enhancement of message successful delivery ratio and the network overall performance improvement are reflected in the contradiction relationship of competition and cooperation in delay/disruption tolerant networks (DTN). In particular, the existence of malicious node aggravates this contradiction. To resolve this contradiction, social relationship theory and group theory of social psychology were adopted to do an in-depth analysis. The concrete balancing approach which leveraged Nash equilibrium theory of game theory was proposed to resolve this contradiction in reality. Thus, a new congestion control routing algorithm for security defense based on social psychology and game theory (CRSG) was put forward. Through the experiment, this algorithm proves that it can enhance the message successful delivery ratio by more than 15% and reduce the congestion ratio over 15% as well. This algorithm balances the contradiction relationship between the two key performance targets and made all nodes exhibit strong cooperation relationship in DTN.

China's Migrant Workers' Social Security

Based on the definition of migrant workers and migrant workers'social security,systems,policies and regulations and status quo of specific safeguard project of social security have been analyzed.Authors draw following conclusions:China's social security systems of migrant workers show diversification and differentiation trend;national-level policies take on diversification and local-level regulations take on differentiation;social welfare and social assistance have deficiency;coverage rate of social insurance items is extremely low.