《用益法》颁布的历史考察

都铎王朝时颁布的《用益法》等法令对普通法地权制度影响深远。用益使得土地保有人规避了领主权益,实现了处置土地的自由。原本亨利八世试图在议会中通过立法以重新获得作为领主的封建权益,然而被下议院否决。随后,国王借助达克雷案转而通过司法手段实现目的,最终迫使议会妥协,推动了《用益法》的颁布。普通法律师试图利用法律手段规避《用益法》,国王不得已作出妥协,导致《遗嘱法》的出台。《用益法》颁布的前后过程展示出国王与贵族、乡绅在议会上的复杂博弈,以及王权与司法权的互动。

信托法发展史上的两个重要成文法:英国1540年、1542年遗嘱法——对英国公元1536年《用益法》的重要补充和修正

英国 15 36年《用益法》的颁布奠定了近现代信托法律制度形成和发展的基础 ,而英王亨利八世在 15 4 0年和 15 4 2年颁布的两个遗嘱法从广义上讲是《用益法》的重要内容 ,对《用益法》是一个重要的补充和修正 ,因此也是研究信托法律制度形成和发展的重要环节。对这两个法案的研究将会弥补我国外国法制史和民法学界对信托发展史研究的欠缺。

信托法律制度的肇始——英国1536年《用益法》

The trust law originated from the Uses of the England, and the Statute of Uses confessed the uses on statute law, eliminated the differences between the proprietary rights of common law and the proprietary rights of equity. As a result, the uses became the trust. Therefore this act is the origin of the modern trust law.

Research on the Prevention and Control of Self-Money-Laundering in the Digital Age

The development of virtual currencies,network banking,and artificial intelligence technologies facilitates the implementation and completion of self-money laundering in crimes involving embezzlement and bribery.Amendment XI to the Criminal Law of the People's Republic of China lists self-money laundering as a separate money laundering crime,breaking the restrictive framework that it must be committed by someone else.This is reflective of the specific interest that China has in anti-money laundering.The criminalization of self-money laundering has been adopted as a powerful legal weapon against money laundering.However,it has confronted a series of dilemmas in terms of specific judicial applications.To gradually address the dilemmas in applying the clause,a comprehensive consideration of Chinese judicial and anti-money laundering practices,as well as international anti-money laundering regulations and practices,is carried out.Moreover,the following recommendations are given:that the protection of legal interests concerning self-money laundering should be expanded appropriately;that a penalty and cooperation system should be established for the crime of self-money laundering;and that the scope of the means of self-money laundering should be extended.

The Combined Use of Tonification and Purgation in Treatment of Fatty Liver

Fatty liver is a disease caused by excessive accumulation of fat in the liver due to long-term ort repeated affection of various causative factors'When the pathogenic factor prevails,the qi is sure to be deficient',Therefore,deficiency of the vital-qicontributes greatly to the occurrence of fatty liver.For many years,the author has concentrated ont the treatment of fatty liver with the tonificatioin method,or tonification followed by purgation,or the combination of tonificaytioin with purgation,so as to effectively prevent the liver from being injured by harmful substances ,and to benefit the recovery of fatty liver.The following is a report of his experience in treatment of fatty liver with the combined use of tonification and purgation.

Recommendation application for video head impulse test based on fuzzy logic control

Vestibulo-ocular reflex(VOR) is an important biological reflex that controls eye movement to ensure clear vision while the head is in motion.Nowadays,VOR measurement is commonly done with a video head impulse test based on a velocity gain algorithm or a position gain algorithm,in which velocity gain is a VOR calculation on head and eye velocity,whereas position gain is calculated from head and eye position.The aim of this work is first to compare the two algorithms' performance and to detect covert catch-up saccade,then to propose a stand-alone recommendation application for the patient's diagnosis.In the first experiment,for ipsilesional and contralesional sides,the calculated position gain(0.94±0.17) is higher than velocity gain(0.84±0.19).Moreover,gain asymmetry of both lesion and intact sides using velocity gain is mostly higher than that from using position gain(four out of five subjects).Consequently,for subjects who have unilateral vestibular neuritis diagnosed from clinical symptoms and a vestibular function test,vestibular weakness is depicted by velocity gain much better than by position gain.Covert catch-up saccade and position gain then are used as inputs for recommendation applications.

Research on Application of Monte Carlo Simulation in the Income Approach of Asset Valuation A listed Company in China as an Example

The income approach of asset valuation estimates the asset value according to the asset-discounted future earnings or the capitalizing process. As a result, a reasonable prediction of asset-expected future returns has become one of the core contents of the income approach. The forecast on expected future earnings is generally based on many uncertain factors, such as strict conditions of assumption and the complexity of environment. However, the current valuation practice in this aspect varies greatly and sometimes depends on personally experienced judgment of appraisers. Therefore, the obtained valuation results tend to be simplified and absolutized. This paper takes a listed company in China as an example to explore the way of inserting an uncertainty analysis into the prediction of the income approach, and then to obtain a series of valuation results within a certain probability fluctuation range. Finally, it puts forward some suggestions about the Monte Carlo simulation （MCS）.

An Utilitarianist Reading of Criminal Law

Utilitarianism is the branch of philosophy that studies the usefulness of an idea. Among the possible gains and losses, the balance must be positive to reach the intended utility. Criminal law is the most repressive branch of legal system and therefore should be applied sparingly by the state. Its usefulness should be the protection of legal interests and minimal restriction of personal liberty. The lawmaker should seek the best way to achieve this utility with the choice of the most relevant legal interests and less repressive means before appealing to the criminal law. The legal interests protected by criminal law must be the most important ones for a social life in harmony and prohibited behaviors must be injurious or dangerous to those legal interests. The Rule of Law does not authorize criminal prohibitions without a minimum limit that allows citizens to behave according to their wishes, provided that does not harm the interests of other people. This is the calculation that legislator, judge, and interpreter should seek： more protection and less restriction to citizens.

泰雷尔案与英国用益制的发展

泰雷尔案不仅是英国用益制发展的转折点,也是用益制转向信托制的萌芽。该案的判决否定双重用益的合法性,使双重用益无法受任何法律调整。但在实践中双重用益的现象层出不穷,既来自英国法下二元所有权的构造事实,也伴随着《用益法》英国人规避土地债务的现实需要。但本案从案情和判决结果来看疑点重重,存在互相冲突,从中可以看出用益制的复杂构造,以及法律受政治所累的现实。