法律文本特征分析——以Deed of Covenants and Guarantee为例

以往的法律英语翻译教学往往以术语解释和句子翻译练习为主，未能站在文本的高度俯瞰法律翻译的全过程，对文本在词汇、句法、语篇等层面的特征进行考量。本研究以法律文本Deed of Covenants and Guarantee为例，立足于对原文本的分析，析出该法律文本的8类词汇特征，10类句法特征，以及4类语篇特征，旨在说明：法律翻译是理解与表这的过程，而实践中面对的翻译对象往往是文本，因而理解文本，析出文本各个层面的表现特征，就成为法律翻译的第一步。

The Covenant Rituals in Exodus 24:1-11 and the African-Igbo Cultural Concept of Igba-ndu:Their Theological Implications for World Peace

The text of Exod 24:1-11 contains a two-fold ritual ratification of the covenant(Hebrew ber??,Greek diathēkē),the stipulations of which were given at Mount Sinai(cf.Exod 20:1-17).This ratification is studied here in the context of the African-Igbo1 cultural concept of Igba-ndu(covenant,which literally means joining lives together).The main focus of the study is to discover the implications that such covenant ideas have towards fostering world peace.The two ratification acts in the text involve a blood ritual and a ritual meal,both of which are not foreign to the African-Igbo concept of Igba-ndu(covenant).In both the Old Testament(OT)understanding of covenant and the African-Igbo concept of it,there is a special relationship established when two persons or two parties enter into it;the persons are now inseparably bonded together.Thus,the ratified Sinai covenant united the ancient people of Israel with God,making them qāhāl,i.e.,the assembly or the congregation of God’s people.The implication of the union is that God would be protecting them,and they would be obedient to God.In African-Igbo cultural milieu,when two parties are united through a covenant,it is believed that they cannot harm each other without incurring the retributive or boomerang justice known in Igbo language as Ibenne(literally blood-link,as of siblings of the same mother).In other words,since the same blood now flows in both parties,when one decides to harm the other,he/she invariable harms himself or herself.It is this aspect of the African-Igbo concept of covenant that is relevant for world peace when it is cross-examined with the extended aspect of the OT/Sinai covenant.This extension is found in Jer 31:31-33 in which God says that there would be a new covenant since the Israelites were not faithful to the stipulations of the Sinai covenant.This promised new covenant was eventually made effective in the person of Jesus Christ who,while establishing the Eucharistic sacrament at the Last Supper,announced:“This is a new covenant in my blood”(Luke 22:20;1 Cor 11:25).He was referring ultimately to his sacrificial death for humanity(cf.Heb 9:11-28).So this new covenant is more embracive than the OT Sinai covenant which involved only the ancient people of Israel.The new covenant is for the whole world,hence Jesus told his disciples to“make disciples of all nations”(cf.Matt 28:18-20).In other words,through Christ,the whole world has been made the new community,assembly,or family of God.Viewed from African-Igbo idea of covenant as joining lives together,the whole world has been brought into mutual blood relationship through Christ,such that anybody deciding to harm his/her neighbour is ipso facto deciding to harm himself/herself.This idea will help make every human being regard his/her neighbour as a brother or a sister in the extended or large family of God.

A Model of Interest Rate and Loan Covenant Competition

This paper develops a model where two lenders to subprime borrowers compete with the interest rates charged and the severity of loan covenants. The model has a stable equilibrium, which demonstrates how an increase in the number of borrowers or an increase in the cost of meeting covenants will reduce the severity of the covenants required by lenders, and each of these changes will increase the difference in the severity of the loan covenant levels. An increase in the expected losses to the lender from relaxing covenants will increase the severity of loan covenants, and this will also make the levels of severity more dispersed. Additional analysis demonstrates how exogenous shifts affect the interest rates charged by the lenders and their profits

China's Criminal Law Reform from the Perspective of the International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese government. Although not ratified yet, it will definitely have an impact on the reform of China’s Criminal Law. Therefore, it is necessary to further change our notion of the criminal law system by defining the boundary between public power and civil rights and developing the view of human rights protection. In terms of the specific system, it is necessary to further reduce the number of crimes punishable by the death penalty and limit the application of the death sentence, improve China’s Criminal Procedural Law to protect the fundamental rights of suspects and defendants in terms of compulsory measures, investigation means and judicial form, and add some charges like enslavement and illegal human experimentation, which are criminalized around the world, so as to be in line with the requirements of international human rights protection.

Five Years after the Entry of Force of the Optional Protocol to the International Covenant on Economic,Social and Cultural Rights: Some Observations

The optional Protocol to the international covenant on economic, Social and cultural Right was adopted in 2008 and entered into force in 2013? During the five years after its entry into force, 23 States have ratified the optional Protocol, and 23 individual communications have been submitted to the committee on economic,Social and cultural Rights? comparing with the acceptance of individual communication procedures under other core international human rights treaties, the record of ratification of the optional Protocol is not satisfactory? in its examination of individual communications,the committee on economic, Social and cultural Rights has made detailed reasoning, extensively referred to its previous general comments, and in case of violations found, suggested both specific and general remedies? in its practice of examining individual communications, the committee on economic, Social and cultural Rights needs to clarify and define the rights under the covenant and their corresponding obligations, while maintaining its nature and role as a supervisory body, without expanding its competence to an unacceptable extent?

Logical Extension of the Children’s Right to Family Life from the Perspective of International Human Rights Covenants

From the perspective of international human rights covenants,the family is the group unit for human life and the fundamental unit of society.Family life is the basic lifestyle of human beings.It is the right,by birth,of the individual to enjoy a normal life within the family.The survival and healthy development of children are inseparable from the family,and living with their parents or other family members is fundamental to guaranteeing the survival and growth of the children and realizing their value of life.Children’s right to family life is an important human right that has connotations fundamental to their lives,and should be safeguarded by both the law and Constitution.

Universality and Relativism of Human Rights from Perspective of International Covenant on Civil and Political Rights

There has been much discussion in the recent decade on the universality or particularity or relativism or on the relations between the universal values and standard systems and cultural diversity or pluralism. But most of the discussions are concentrated on the abstract or conceptual terms, with few touching upon international human fights standards. This is strange, because the disputes will never end and it is impossible to arrive at any conclusions of value if discussions only focus on the different concepts and systems of different countries or civilizations instead of on what has been universally accepted or at least on the international human rights treaties and the customary international human rights laws that are binding to the great number of state parties.

Existence of Monotone Positive Solution for a Fourth-Order Three-Point BVP with Sign-Changing Green’s Function

This paper is concerned with the following fourth-order three-point boundary value problem , where , we discuss the existence of positive solutions to the above problem by applying to the fixed point theory in cones and iterative technique.

Three-point bending behavior of aluminum foam sandwich with steel panel

Static three-point bending tests of aluminum foam sandwiches with glued steel panel were performed. The deformation and failure of sandwich structure with different thicknesses of panel and foam core were investigated. The results indicate that the maximum bending load increases with the thickness of both steel panel and foam core. The failure of sandwich can be ascribed to the crush and shear damage of foam core and the delamination of glued interface at a large bending load, The crack on the foam wall developed in the melting foam procedure is the major factor for the failure of foam core. The sandwich structure with thick foam core and thin steel panel has the optimal specific bending strength. The maximum bending load of that with 8 mm panel and 50 mm foam core is 66.06 kN.

Breeding of Mycoplasmal pneumonia-negative Swine Population Using Combination Therapy,Segregated Early Weaning(SEW) and Three-point Production System

In order to explore a breeding method for mycoplasmal pneumonia-negative swine population, the purifying effects of combination therapy, SEW and three-point breeding and management system on Mycoplasma hyopneumoniae were investigated in this study. After the processes of screening pregnant sows, programmed therapy for sows, SEW, three-point breeding and management in the barrier isolation system and programmed therapy for piglets, the newly-bred piglets were monitored as long as four months by serum antibody detection of Mycoplasma hyopneumoniae and fluorescent quantitative PCR of nose swabs. The results showed that when the newlybred five batches of piglets were older than 35 d, they were all negative by serum antibody detection and nose swab antigen detection. Therefore, the combination therapy, SEW and three-point production and management system can effectively purify Mycoplasma hyopneumoniae, providing theoretical basis and clinical experience for the control and purification of domestic mycoplasmal pneumonia.

Three-point bending performance of a new aluminum foam composite structure

A new composite structure based on aluminum foam sandwich and fiber metal laminate was proposed. A layer of glass fiber was provided at the interface between the metal panel and the aluminum foam core in this composite structure, using adhesive technology to bond the materials together by organic glue in the sequence of metal panel, glass fiber, aluminum foam core, glass fiber and metal panel. The experimental results show that the new composite structure has an improved comprehensive performance compared with the traditional aluminum foam sandwiches. The optimized parameters for the fabrication of the new aluminum foam composite structure with best bending strength were obtained. The epoxy resin and low porosity aluminum foams are preferred, the thickness of aluminum sheets should be at least 1.5 mm, and the type of glass fiber has little effect on the bending strength. The main failure modes of the new composite structures with two types of glues were discussed.

Three-point bending of honeycomb sandwich beams with facesheet perforations

A novel square honeycomb-cored sandwich beam with perforated bottom facesheet is investigated under threepoint bending,both analytically and numerically.Perforated square holes in the bottom facesheet are characterized by the area ratio of the hole to intact facesheet（perforation ratio）.While for large-scale engineering applications like the decks of cargo vehicles and transportation ships,the perforations are needed to facilitate the fabrication process（e.g.,laser welding）as well as service maintenance,it is demonstrated that these perforations,when properly designed,can also enhance the resistance of the sandwich to bending.For illustration,fair comparisons among competing sandwich designs having different perforation ratios but equal mass is achieved by systematically thickening the core webs.Further,the perforated sandwich beam is designed with a relatively thick facesheet to avoid local indention failure so that it mainly fails in two competing modes：（1）bending failure,i.e.,yielding of beam cross-section and buckling of top facesheet caused by bending moment;（2）shear failure,i.e.,yielding and buckling of core webs due to shear forcing.The sensitivity of the failure loads to the ratio of core height to beam span is also discussed for varying perforation ratios.As the perfo-ration ratio is increased,the load of shear failure increases due to thickening core webs,while that of bending failure decreases due to the weakening bottom facesheet.Design of a sandwich beam with optimal perforation ratio is realized when the two failure loads are equal,leading to significantly enhanced failure load（up to 60%increase）relative to that of a non-perforated sandwich beam with equal mass.

Modified laparoscopic Sugarbaker repair of parastomal hernia with a three-point anchoring technique

AIMTo retrospectively evaluate the safety and feasibility of a new modified laparoscopic Sugarbaker repair in patients with parastomal hernias.METHODSA retrospective study was performed to analyze eight patients who underwent parastomal hernia repair between June 2016 and January 2018. All of these patients received modified laparoscopic Sugarbakerhernia repair treatment. This modifed technique included an innovative three-point anchoring and complete su-turing technique to fix the mesh. All procedures were performed by a skilled hernia surgeon. Demographic data and perioperative outcomes were collected to eva-luate the safety and effcacy of this modifed technique.RESULTSOf these eight patients, two had concomitant incisional hernias. All the hernias were repaired by the modifed laparoscopic Sugarbaker technique with no conversion to laparotomy. Three patients had in-situ reconstruc-tion of intestinal stoma. The median mesh size was 300 cm2, and the mean operative time was 205.6 min. The mean postoperative hospitalization time was 10.4 d, with a median pain score of 1 （visual analog scale method） at postoperative day 1. Two patientsdeveloped postoperative complications. One patient had a pocket of effusion surrounding the biologic mesh, and one patient experienced an infection around the reconstructed stoma. Both patients recovered after conservative management. There was no recurrence during the follow-up period （6-22 mo, average 13 mo）.CONCLUSIONThe modifed laparoscopic Sugarbaker repair could fx the mesh reliably with mild postoperative pain and a low recurrence rate. The technique is safe and feasible for parastomal hernias.

Existence of Sign-changing Solution for Three-point Boundary Value Problems

In this paper, by using the fixed-point index theory, we study the existence of sign-changing solution of some three-point boundary value problems {y ''(t) + f(y) = 0, t ∈ [0, 1], y' (0) = 0, y(1) = αy(η), where 0 < α < 1, 0 < η < 1, f : R → R is continuous, strictly increasing and f(0) = 0.

A CATASTROPHE ANALYSIS ON THE STABILITY OF THE CRACK GROWTH IN THREE-POINT BENDING SPECIMENS

This paper presents an attempt at the application of catastrophe theory to the stability analysis of J-controlled crack growth in three-point bending specimens. By introducing the solutions of J-integral in the completely yielding state for the ideal plastic material, the critical condition of losing stability for the crack propagation in the specimen is obtained, based on the cusp catastrophe theory. The process of the crack growth from geometrical sense is described.

TWO POSITIVE SOLUTIONS TO THREE-POINT SINGULAR BOUNDARY VALUE PROBLEMS

In this article, we consider the existence of two positive solutions to nonlinear second order three-point singular boundary value problem： -u′′（t） = λf（t, u（t）） for all t ∈ （0, 1） subjecting to u（0） = 0 and αu（η） = u（1）, where η ∈ （0, 1）, α ∈ [0, 1）, and λ is a positive parameter. The nonlinear term f（t, u） is nonnegative, and may be singular at t = 0, t = 1, and u = 0. By the fixed point index theory and approximation method, we establish that there exists λ＊ ∈ （0, ＋∞], such that the above problem has at least two positive solutions for any λ ∈ （0, λ＊） under certain conditions on the nonlinear term f.

On the Existence of Positive Solution for a Nonlinear Third-order Three-point Boundary Value Problem

An existence theorem of positive solution is established for a nonlinear third-order three-point boundary value problem. Here, we concentrated on the case that the nonlinear term is neither superlinear nor sublinear, and is not asymptotic at zero and infinity.

Existence of Solutions for Second Order Three-Point Boundary Value Problems with Nonlinear Growth

The existence of solutions for second order three-point boundary value problems with nonlinear growth at resonance is studied by using Mawhin continuation theorem. The result shows that theorem 1 and 2 at least have one solution in c1[0,1]

NONTRIVIAL SOLUTION OF A NONLINEAR SECOND-ORDER THREE-POINT BOUNDARY VALUE PROBLEM

In this paper, for a second-order three-point boundary value problem u″＋f（t,u）=0,0〈t〈1,au（0）-bu′（0）=0,u（1）-au（η）=0,where η∈ （0, 1）, a, b, α ∈R with a^2 ＋ b^2 〉 0, the existence of its nontrivial solution is studied. The＇conditions on f which guarantee the existence of nontrivial solution are formulated. As an application, some examples to demonstrate the results are given.

Triple Positive Solutions for a Third-order Three-point Boundary Value Problem

In this paper,we study the existence of triple positive solutions for the nonlinear third-order three-point boundary value problem ■where η∈[0,1/2) is a constant,by using a fixed-point theorem due to Avery and Peterson,we establish results of triple positive solutions to the boundary value problem,and an example is given to illustrate the importance of result obtained.