民事欺诈与刑事诈骗的区分

目前,司法实践中存在民事欺诈和刑事诈骗难以区分的现实困境,二者分属于不同的法律范畴,理论上往往从欺骗的内容、方式、程度、主观故意类型、非法占有目的等角度对二者进行区别,司法实践中通常根据民事救济的可能丧失判定是否需要刑法介入,以及以行为人的客观表现为基础推断其主观目的。在区分民事欺诈和刑事诈骗时,首先要明确二者并非对立排斥的关系,其次应当遵循从客观到主观的顺序对案件加以考察,最后应当将欺骗内容、欺骗方式、欺骗程度等客观标准同主观故意内容、非法占有目的等主观标准相结合,综合全案案情并结合社会效果对此类案件进行整体评价。

股权转让审批规定两种解释路径之比较

关于股权转让审批规定,存在一体把握和区分原则两种解释路径。一体把握通过控制合同效力从而达到控制股权变动的立法目的,违反了必要性原则,在解释“报批义务之法律性质”“报批义务不履行之法律后果”“先付款后报批之交易现象”等方面也颇为曲折,故而其并非最佳选项。法律虽然规定若干情形的“股权转让”须审批,但未规定“股权转让合同”须审批,故而存在区分原则解释路径适用的空间。该解释路径认为:未办理审批手续,不影响股权转让合同效力,但转让方不得转让股权,受让方亦无相应请求权;报批义务乃法定的从给付义务,转让方不履行该项义务的,构成违约;“先付款、后报批”之情形,受让人未依约付款的,亦构成违约。

Multi-path routing algorithm in WSN using an improvedparticle swarm optimization

To slove the problems of constrained energy and unbalanced load of wireless sensor network(WSN)nodes,a multipath load balancing routing algorithm based on neighborhood subspace cooperation is proposed.The algorithm adopts the improved particle swarm optimization(PSO)algorithm,takes the shortest distance and minimum energy consumption as optimization target and divides the nodes in one-hop neighborhood near the base station area into different regions.Furthermore,the algorithm designs a fitness function to find the best node in each region as a relay node and forward the data in parallel through the different paths of the relay nodes.The simulation results show that the proposed algorithm can reduce energy consumption and average end-to-end delay,balance network load and prolong network lifetime effectively.

Space-time Relationship Between Urban Municipal District Adjustment and Built-up Area Expansion in China

Municipal district adjustment and built-up area expansion are two main forms of urban spatial expansion. Using geometric methods, this study constructed a space-time path method to characterize the space-time relationship between municipal district adjustment and built-up area expansion, and drew the space-time path sets of major prefecture level cities from 2000 to 2010 by constructing a coordinate system of the standardized built-up areas and municipal district areas. This divided them into four quadrants, namely, H-H, L-H, L-L, and H-L, based on the relative mean value to evaluate overall and individual stability by three indexes of the trajectory vectors, namely, direction, length, and slope. Results provide the following conclusions. 1) Municipal district adjustment is an effective spatial expansion way for city-scale promotion in China. Since 2000, municipal district adjustments have been mainly distributed in the eastern coastal regions and mid-western capital cities along with their surrounding cities. 2) Municipal district adjustment affects the scale and status of a city in China. Many cities that have expanded municipal districts behave stably and cross quadrants. 3) Great majority second-tier cities have effectively promoted their scale and status through municipal district adjustment. The municipal district adjustment of medium and small cities in the mid-west area is relatively advanced compared with city development. 4) Municipal district adjustment with minimal magnitude is severely restricted from upgrading the scale and status of a city. The transformation from entirely incorporated counties or cities to municipal districts should be the mainstream in future municipal district adjustment.

Uniform partition extensions,a generating functions perspective

In this paper, a bivariate generating function CF(x, y) =f(x)-yf(xy)1-yis investigated, where f(x)= n 0fnxnis a generating function satisfying the functional equation f(x) = 1 + r j=1 m i=j-1aij xif(x)j.In particular, we study lattice paths in which their end points are on the line y = 1. Rooted lattice paths are defined. It is proved that the function CF(x, y) is a generating function defined on some rooted lattice paths with end point on y = 1. So, by a simple and unified method, from the view of lattice paths, we obtain two combinatorial interpretations of this bivariate function and derive two uniform partitions on these rooted lattice paths.

Cluster Partition Function and Invariants of 3-Manifolds

The author reviews some recent developments in Chern-Simons theory on a hyperbolic 3-manifold M with complex gauge group G. The author focuses on the case of G = SL(N, C) and M being a knot complement: M = S^3\ K. The main result presented in this note is the cluster partition function, a computational tool that uses cluster algebra techniques to evaluate the Chern-Simons path integral for G = SL(N, C). He also reviews various applications and open questions regarding the cluster partition function and some of its relation with string theory.