语料库、平义原则和美国法律中的诉讼证据

语料库不仅可以服务于语言研究,还可以服务于其他邻近学科。在美国法庭庭审中,语料库用于协助'平义原则'的操作,已经成为一种趋势,而在提供诉讼证据方面,语料库也大有用武之地。本文通过实际案例介绍语料库在美国法庭庭审和诉讼证据提供方面的应用,以期对我国法律界和语言学界研究者和从业者有所启示。

《俎侯夭簋》:“易在俎王人□又七生”考释平义

《俎侯夭簋》"易在俎王人□又七●"一句,"七"后一字当释为"生",学者或释为"里",不确。无论从铭文字体、铭文内容、同时期分封铭文的格式与内容,还是西周时期"里"的性质等,皆可得到有力的证明。

论作为一种裁判规则的平义解释

法律文本的平常含义应该作为法律解释的起点,但有争议的是平常含义能否作为法律解释的终点,特别是作为疑难案件的一种裁判规则。对平义规则的传统证成,无论是诉诸法律的语言性质还是制定法文本的功能,均不能令人信服。由于司法所面对议题的“多中心性”,平义规则在裁判过程中更多地作为一种共同理据,是各种解释性论据得以展开的前提。据此,平义不仅仅是法律解释的一种方法,而且可以作为一种裁判规则。作为一种裁判规则的平义,不仅在简单案件中适用,而且也可以在疑难案件中有所作为。平义规则作为实践中存在的并且行之有效的裁判规则,包含着重要但被忽视的真理,其效能理应得到学者的充分重视。

Simulation of pavement roughness based on time domain model

In order to describe pavement roughness more intuitively and effectively, a method of pavement roughness simulation, i.e., the stochastic sinusoidal wave, is introduced. The method is based on the primary idea that pavement roughness is denoted as the sum of numerous sines or cosines with stochastic phases, and uses the discrete spectrum to approach the target stochastic process. It is a discrete numerical method used to simulate pavement roughness. According to a given pavement power spectral density （PSD） coefficient, under the condition that the character of displacement frequency based on the time domain model is in accordance with the given pavement surface spectrum, the pavement roughness is optimized to stochastic equivalent vibrations by computer simulation, and the curves that describe pavement roughness under each grade are obtained. The results show that the stochastic sinusoidal wave is suitable for simulation of measured pavement surface spectra based on the time domain model. The method of the stochastic sinusoidal wave is important to the research on vehicle ride comfort due to its rigorous mathematical derivation, extensive application range and intuitive simulation curve. Finally, a roughness index defined as the nominal roughness index （NRI） is introduced, and it has correlation with the PSD coefficient.

浅析海上货物运输合同解释的困境

合同本应严格按照合约双方使用的措辞和合同解释原则的要求进行解释。现今的商业合同解释，尤其是海上货物运输合同解释方面如今面临诸多难题，这已经成为了产生合同纠纷的原因之一。而导致该解释困难重重的原因既有使用不合理的合同标准格式，也有文义解释和直译解释本身的难以捉摸的性质。

Parameter estimation methods in generalized weighted functional mean combining forecasting model

A kind of combining forecasting model based on the generalized weighted functional mean is proposed. Two kinds of parameter estimation methods with its weighting coefficients using the algorithm of quadratic programming are given. The efficiencies of this combining forecasting model and the comparison of the two kinds of parameter estimation methods are demonstrated with an example. A conclusion is obtained, which is useful for the correct application of the above methods.

A DIAGNOSTIC ANALYSIS OF AIR TEMPERATURE ANOMALY MODE OVER CHINA IN 2009/2010 WINTER BASED ON GENERALIZED EQUILIBRIUM FEEDBACK ASSESSMENT(GEFA) METHOD

By using the observed monthly mean data over 160 stations of China and NCAR/NCEP reanalysis data, the generalized equilibrium feedback assessment(GEFA) method, combined with the methods of EOF analysis, correlation and composite analysis, is used to explore the influence of different SST modes on a wintertime air temperature pattern in which it is cold in the northeast and warm in the southwest in China. The results show that the 2009/2010 winter air temperature oscillation mode between the northern and southern part of China is closely related to the corresponding sea surface temperature anomalies(SSTA) and its associated atmospheric circulation anomalies. Exhibiting warming in Northeast China and cooling in Southwest China, the mode is significantly forced by the El Nio mode and the North Atlantic SSTA mode, which have three poles. Under the influence of SSTA modes, the surface northerly flow transported cold air to North and Northeast China, resulting in low temperatures in the regions. Meanwhile, the mid-latitude westerlies intensify and the polar cold air stays in high latitudes and cannot affect the Southwest China, resulting in the warming there.

The Anti-globalization Movement in the “Eyes” of Journalism： “Global Justice” or “Mind Framing”？

This research examines how the anti-globalization movementI （AGM） is portrayed in the mainstream print media. The study focuses on anti-globalization protest events over a period of seven years following the 1999 Seattle protest, and covers all major protests until the end of 2006. Framing is used to explore how bias is instituted in media texts and whether this pattern is consistent across the corpus. Results of this study reveal that the framing strategies of journalists regarding AGM protests all revolve around two forms of memory-based framing tools： explicit and implicit. Explicit memory-based framing strategies refer to the coverage of previous events whereas implicit strategies involve the use of repeated connotations and metaphors applied consistently over the years, recalling previous insinuations made by a biased media system.

Oscillating Solitons for （2＋1）-Dimensional Nonlinear Models

Using extended homogeneous balance method and variable separation hypothesis, we found new variable separation solutions with three arbitrary functions of the （2＋1）-dimensional dispersive long-wave equations, Based on derived solutions, we revealed abundant oscillating solitons such as dromion, multi-dromion, solitoff, solitary waves, and so on, by selecting appropriate functions.

Some Results on Areally Mean Valent Functions

Let M be the class of areally mean univalent function, f ∈M and In this paper, we estimate the arithmetical mean of coefficients Dn(λ) and the arithmetical mean of successive coefficients tn(λ) =||Dn+1(λ)|-|Dn(λ)||. Our results are sharp. In addition, we also generalize Hayman's theorem on integral mean

A Modified Homogeneous Balance Method and Its Applications

A modified homogeneous balance method is proposed by improving some key steps in the homogeneousbalance method.Bilinear equations of some nonlinear evolution equations are derived by using the modified homogeneousbalance method.Generalized Boussinesq equation,KP equation,and mKdV equation are chosen as examples to illustrateour method.This approach is also applicable to a large variety of nonlinear evolution equations.

Label distribution expression recognition algorithm based on asymptotic truth value

Ambiguous expression is a common phenomenon in facial expression recognition(FER).Because of the existence of ambiguous expression,the effect of FER is severely limited.The reason maybe that the single label of the data cannot effectively describe complex emotional intentions which are vital in FER.Label distribution learning contains more information and is a possible way to solve this problem.To apply label distribution learning on FER,a label distribution expression recognition algorithm based on asymptotic truth value is proposed.Under the premise of not incorporating extraneous quantitative information,the original information of database is fully used to complete the generation and utilization of label distribution.Firstly,in training part,single label learning is used to collect the mean value of the overall distribution of data.Then,the true value of data label is approached gradually on the granularity of data batch.Finally,the whole network model is retrained using the generated label distribution data.Experimental results show that this method can improve the accuracy of the network model obviously,and has certain competitiveness compared with the advanced algorithms.

Refinement of an Inequality for the Generalized Logarithmic Mean

In this article, we show that the generalized logarithmic mean is strictly Schurconvex function for p 〉 2 and strictly Schur-concave function for p 〈 2 on R_＋^2. And then we give a refinement of an inequality for the generalized logarithmic mean inequality using a simple majoricotion relation of the vector.

Generalized nested logit-based stochasticuser equilibrium model with distance constraint of electric vehicles

Considering the range anxiety issue caused by the limited driving range and the scarcity of battery charging stations,the conventional multinomial logit(MNL)model with the overlapping path issue was used in route choice modeling to describe the route choice behavior of travelers effectively.Furthermore,the generalized nested logit-based stochastic user equilibrium(GNL-SUE)model with the constraints of multiple user classes and distance limits was proposed.A mathematical model was developed and solved by the method of successive averages.The mathematical model was proven to be analytically equivalent to the modified GNL-SUE model,and the uniqueness of the solution was also confirmed.The proposed mathematical model was tested and compared with the GNL-SUE model without a distance limit and the MNL-SUE model with a distance limit.Results show that the proposed mathematical model can effectively handle the range anxiety and overlapping path challenges.

Generalized Sampling Series Approximation of Random Signals from Local Averages

Signals are often of random character since they cannot bear any information if they are predictable for any time t, they are usually modelled as stationary random processes .On the other hand, because of the inertia of the measurement apparatus, measured sampled values obtained in practice may not be the precise value of the signal X(t) at time tk (k∈Z), but only local averages of X(t) near tk. In this paper, it is presented that a wide (or weak ) sense stationary stochastic process can be approximated by generalized sampling series with local average samples.

The Use and the Effects of Militaristic Elements in the Turkish Printed Sports Media

Football is a sports branch comprising a ＂human＂ factor with different aspects, such as intelligence, intuition, will, character, struggle, spectators, and balance. With the created global economic market, football is an indispensable part of our lives. It entices the masses, plays an effective role in the socio-economic destinies of societies, and directs the mass psychology of societies negatively and/or positively. The success that football clubs in Turkey attained recently in Europe and the third standing that our national football team gained in 2002 have accentuated the relationship between the printed football media and football. Today, Turkish sports journalism sometimes tends to exploit the emotions and encourages the discourses inciting violence and biases to get more readers （to increase the circulation rate） and guarantee the continuation of the attention. Many words expressing militarism are used in the headlines of sports news. In these articles, the footballers are depicted as alert soldiers and the teams as troops conditioned to victory. In the frame of both national matches and the European Cups, the militaristic elements are used through nationalistic discourses in the sports news of the printed media. Thus, the aim of this study is to analyze the presentation and quantity of the militaristic elements used in the news on football in newspapers. The news in the Milliyet, as a mainstream newspaper, issued in two periods, namely after the 2002 World Cup （November 1-December 31, 2002） and today （February l-March 30, 2008） will be studied through the discourse analysis method with respect to the headlines and contents. Therefore, the comments and the ideas of columnists will be excluded from the scope of this study.

Oscillating Flat FRW Dark Energy Dominated Cosmology from Periodic Functional Approach

I discuss the modification of Einstein＇s Theory of General Relativity based on a periodic functional approach. In this new approach, a corrected periodic gravitational coupling constant arises and plays the role of periodic damping term acting on the theory. It is found that it is achievable to have an oscillating universe dominated by dark energy and expanding aceeleratedly in time.

A New Dimension of the Study of Urban Sports Population

It is possible and necessary to make a combined study of urban sports population and theory of social justice. Theoretically, sports population study belongs to sociology, but at present it is still confined in the ＂sports study＂ , thus due attention has not been paid to its sociological value and significance. On the other hand, the study of social justice tends to focus on material aspect and overlooks the spiritual aspects such as the sports justice. In reality, when it comes to urban sports population, there are problems of social justice as are mainly reflected in the unbalanced structure and severe disproportion of the social resources among different strata. Therefore it is highly necessary to explore solutions to the above problems by combining the two aspects, which in turn can help the theory of social justice to broaden its scope of application.

A stochastic user equilibrium model solving overlapping path and perfectly rational issues

Traffic assignment has been recognized as one of the key technologies in supporting transportation planning and operations.To better address the perfectly rational issue of the expected utility theory(EUT)and the overlapping path issue of the multinomial logit(MNL)model that are involved in the traffic assignment process,this paper proposes a cumulative prospect value(CPV)-based generalized nested logit(GNL)stochastic user equilibrium(SUE)model.The proposed model uses CPV to replace the utility value as the path performance within the GNL model framework.An equivalent mathematical model is provided for the proposed CPV-based GNL SUE model,which is solved by the method of successive averages(MSA).The existence and equivalence of the solution are also proved for the equivalent model.To demonstrate the performance of the proposed CPV-based GNL SUE model,three road networks are selected in the empirical test.The results show that the proposed model can jointly deal with the perfectly rational issue and the overlapping path issue,and additionally,the proposed model is shown to be applicable for large road networks.

Specificity and Semantic Horizon of the Human Sciences from the Viewpoint of Bakhtin＇s Metalinguistics

This article explores the potential resources of the Bakhtin＇s theory of dialogism and its core concepts for the development of the philosophy and methodology of the human sciences. Focusing on Bakhtin＇s late essays： ＂The Problem of the Text in Linguistics, Philology, and the Human Sciences; From Notes Made in 1970-71;＂ and ＂Toward a Methodology for the Human Sciences,＂ the author deals with such concepts as sense, semantic whole, superaddressee, the third, and outsideness. Metalinguistics is interpreted as a philosophical approach to the problems of humanities methodology. The specifics of the human sciences, which Bakhtin put to the question, are described in comparison and correlation with the natural sciences. The author elaborates the idea of the communicative three-part relationship or trilogue （as a development of the dialogue）. The role of the superaddressee as the third participant of the trilogue between the researcher （the subject） and the text （the object） is discussed. The notion semantic whole and its implementation in the process of the sense＇s becoming （development） are analyzed.