大陆法系物权移转制度的历史与演变

物权移转是市场经济商品交易的核心环节,也是物权法的主要内容之一。在民法史上,物权移转经历了漫长的发展演变,出现了形式主义、意思主义等模式,罗马法、《法国民法典》、《德国民法典》、《日本民法典》各为物权移转的重要发展阶段。物权移转理论和制度的演变过程,体现了人类社会财产交易活动的发展脉络,对其之研究,十分有助于我国物权法的理论发展和立法进程。

主债权的转让与不动产抵押权转移登记——“湖南绿兴源糖业有限公司、丁兴耀等借款合同纠纷申请再审案”评释

在附不动产抵押权担保的债权转让时,实践中有两个问题需要厘清:其一,是否需要办理抵押权转移登记;其二,该抵押权转移登记的效力如何。最高人民法院在"湖南绿兴源糖业有限公司、丁兴耀等借款合同纠纷申请再审案"裁定中认为无须办理抵押权移转登记的观点,并不正确。事实上,因主债权转让而导致抵押权转让时,抵押权的从属性意味着抵押权应随同债权一并转移,但并非无须登记即当然转移。抵押权随同债权的转让而转移时,应办理抵押权转移登记,该登记是抵押权转移的生效要件,不登记的,抵押权不随同转移,据此向外界展示不动产物权的变动,从而保证登记簿的记载与真实的物权状况相一致,贯彻落实物权公示与公信原则,维护不动产交易安全。

Pricing Catastrophe Options with Credit Risk in a Regime-Switching Model

In this paper,we consider the price of catastrophe options with credit risk in a regime-switching model.We assume that the macroeconomic states are described by a continuous-time Markov chain with a finite state space.By using the measure change technique,we derive the price expressions of catastrophe put options.Moreover,we conduct some numerical analysis to demonstrate how the parameters of the model affect the price of the catastrophe put option.

Spectral Characterization of Hyponormal Weighted Shifts

The complete characterizations of the spectra and their various parts of hyponormal unilateral and bilateral weighted shifts are presented respectively in this paper. The results obtained here generalize the corresponding work of the references.

论管辖权转移中的“黑箱现象”及解决方法

我国民事诉讼法中的管辖权转移过程排除了当事人的参与权,对法院依职权做出的管辖权移送也没有任何制度性约束.完全是法院的一种'黑箱'操作,不利于体现民事诉讼的程序公正和保护当事人的权益,有待解决.

A Novel High Spectral Efficiency Waveform Coding-OVFDM

Based on the Overlapped Multiplexing Principle[12],a frequency domain OVFDM(Overlapped Frequency Domain Multiplexing) Coding is proposed.By the data weighted shift overlapped version of any band-limited Multiplexing Transfer Function H(f) the coding gain and spectral efficiency are both achieved.The heavier the overlap of the data weighted Multiplexing Transfer Function H(f),the higher the coding gain and spectral efficiency as well as the closer the output to the optimum complex Gaussian distribution.The bit error probability performance is estimated.The time domain OVTDM(Overlapped Time Domain Multiplexing) Coding,the dual of OVFDM in time domain is incidentally proposed as well.Both theoretical analysis and testified simulations show that OVFDM(OVTDM) is suitable for high spectral efficiency application and its spectral efficiency is only roughly linear to SNR rather than the well-known logarithm to SNR.

PRELIMINARY APPLICATION OF WHOLE BODY DIFFUSION WEIGHTED IMAGING IN SCREENING METASTASIS

Objective To investigate the feasibility of whole body diffusion weighted imaging (WB-DWI) in screening metastasis. Methods WB-DWI was performed in 24 patients diagnosed with various types of primary tumors. The three-dimensional maximum intensity projection reconstruction and black-and-white flip technique were used to observe metastatic lesions, and the results were compared with those of bone scintigraphy. Results By WB-DWI scanning sequence at b = 800 s/mm2, all the bone lesions found by bone scintigraphy in the cohort were well identified, and other lesions of soft tissue and organs were also well demonstrated. Its screening capability was equivalent with bone scintigraphy in screening metastases in bones (P = 0.062). Conclusion WB-DWI was practicable with the parameter settings attempted in metastases screening.

A Novel Vertical Handoff Algorithm with Dynamic Weights in Wireless Heterogeneous Networks

In order to enhance the quality of vertical handoff in an overlay wireless network, multiple attributes are taken into account when optimizing the vertical handoff decision including user-based and network-based QoS factors. In this paper, we develop a novel vertical handoff algorithm in an integrated 3G cellular and Wireless LAN networks. The proposed algorithm can adjust the weight of each QoS attribute dynamically as the networks change, trace the network condition and choose the optimal access point at transient regions. Simulation results show that this algorithm is able to provide accurate handoff decision, resulting in small unnecessary handoff numbers, good performance of throughput and handoff delay in heterogeneous environments.

A new channel allocation scheme and performance optimizing for mobile multimedia wireless networks

A multimedia channel allocation scheme is proposed and studied in terms of the connection-level QoS.A new traffic model based on multidimensional Markov chain is developed considering the traffic characteristic of two special periods of time.And the pre-emptive priority strategies are used to classify real-time services and non-real-time services.Real-time service is given higher priority for its allowance to pre-empt channels used by non-real-time service.Considering the mobility of persons in a day,which affects the mobile user's density,the simulation was conducted involving the two pre-emptive priority strategies.The result of some comparisons shows the feasibility of the proposed scheme.

Influence of Selective Edge Removal and Refractory Period in a Self-Organized Critical Neuron Model

A simple model for a set of integrate-and-fire neurons based on the weighted network is introduced. By considering the neurobiological phenomenon in brain development and the difference of the synaptic strength, we construct weighted networks develop with link additions and followed by selective edge removal. The network exhibits the small-world and scale-free properties with high network efficiency. The model displays an avalanche activity on a power-law distribution. We investigate the effect of selective edge removal and the neuron refractory period on the self-organized criticality of the system.

LBOs in Theory and Practice, Learning Outcomes of a Crisis

The purpose of this paper is to examine whether or not a financial crisis has an impact on the use of financial tools like MBO （management buy-outs）. For a long time LBO （leveraged buyout） has being considered as an easy and tax saving way to transfer the property rights of SMEs companies. Financial markets speculation on the same time used this tool in a non reasonable way and transformed it on a bubble increasing furthermore the financial crisis. In a certain extend this paper proves that what happened is a remake of what happened in the late 1990. From a theoretical point of view the article proves that the LBO＇s are just a partial answer to the agency problems very present to the literature.

FEASIBILITY OF WHOLE BODY DIFFUSION WEIGHTED IMAGING IN DETECTING BONE METASTASIS ON 3.0T MR SCANNER

Objective To evaluate the feasibility of whole body diffusion weighted imaging (DWI) in bone metastasis detection using bone scintigraphy as comparison. Methods Forty-five patients with malignancy history were enrolled in our study. All the patients received the whole body DWI and bone scintigraphy scan within 1 week. The magnetic resonance (MR) examination was performed on 3.0T MR scanner using embedded body coil. The images were reviewed separately by two radiologists and two nuclear medicine physicians, who were blinded to the results of the other imaging modality. The sensitivity, specificity, positive predictive value (PPV) and negative predictive value (NPV) of the two techniques for detecting bone metastasis were analyzed. Results A total of 181 metastatic lesions in 77 regions of 34 patients were detected by whole body DWI, and 167 metastatic lesions in 76 regions of 31 patients were identified by bone scintigraphy. The patient-based sensitivity and PPV of whole body DWI and bone scintigraphy were similar (89.5% vs. 81.6%, 97.1% vs. 91.2%), whereas, the patient-based specificity and NPV of whole body DWI were obviously higher than those of bone scintigraphy (85.7% vs. 57.1%, 60.0% vs. 36.4%). Ten regions negative in scintigraphy but positive in whole body DWI, mainly located in spine, pelvis, and femur; nine regions only detected by scintigraphy, mainly located in skull, sternum, clavicle, and scapula. The region-based sensitivity and specificity of whole body DWI were slightly higher than those of bone scintigraphy (89.5% vs. 88.4%, 95.6% vs. 87.6%). Conclusion Whole body DWI reveals excellent concordance with bone scintigraphy regarding detection of bone metastasis, and the two techniques are complementary for each other.

Intellectual Property Management in Technology Transfer among Companies

Intellectual property management plays a very important role in the process of technology transformation among different companies. This article discusses the main methods and mode which companies usually used to manage their IPM in market. Some suggestions are also provided for the company managers.

Juridical Status and Rights of Irregular Migrants in Brazil and Italy： An International Comparative Perspective

The aim of this paper is to analyse the legal status of irregular migrants, both in Brazil and in Italy, from a comparative law perspective. Irregular migration has always been a sensitive issue in Italian politics and is going to be a core-issue in a time of economic crisis, while in Brazil the current wave of international migration is regarded as a new phenomenon, resulting from the recent economic growth. From a legal standpoint, this study provides an analysis of both national legal order and the jurisprudential trends issued by the Inter-American Court of Human Rights （IACtHR） and the European Court of Human Rights （ECtHR）, specifically underlining the judicial borrowing and interaction between the two courts.

Different modalities of arterial reconstruction in hepatic retransplantation using right partial graft

Though split-liver and living-related transplantation are routinely performed,they are done almost exclusively for primary liver transplantation because of potential surgical difficulties.These difficulties are generally related to arterial revascularization,particularly if there is hepatic artery thrombosis.According to UNOS data,of the hepatic retransplantations performed between 1996 and 2007,only 8.7% were done using right or extended right grafts from deceased donors,and 14.3% using right grafts from live donors.Here we report our experience with 5 hepatic retransplantations in which right partial grafts resulting from conventional in situ splits,and one right lobe resulting from an adult-toadult living-related transplant,were successfully used with different modalities of graft arterialization.

Reducing subspaces of tensor products of weighted shifts

A unilateral weighted shift A is said to be simple if its weight sequence {α_n} satisfies ▽~3(α_n^2)≠0for all n≥2.We prove that if A and B are two simple unilateral weighted shifts,then AI+IB is reducible if and only if A and B are unitarily equivalent.We also study the reducing subspaces of A^kI+IB^l and give some examples.As an application,we study the reducing subspaces of multiplication operators Mzk+αωl on function spaces.

When Teacher Autonomy Meets Management Autonomy to Enhance Learner Autonomy

Developing learner autonomy （LA） requires a shift of control from teachers to students. This development also relates to teacher autonomy （TA）, which requires school managers to relinquish some degree of their own autonomy （MA） to teachers. Thus, a problem arises： how can the three levels of control-shifts co-exist and survive in harmony, and ideally, thrive each in its own way？ Based on a recent case study, this paper aims to explore the complexity of the dynamic interaction between these three types of autonomy within an educational hierarchy. The study was conducted in a Chinese secondary school which was promoting whole-person development through a comprehensive innovation project. The participants comprised nine English teachers, the executive director, and the principal. Data collection methods included interviews, observations, and post-lesson discussions. Three issues are addressed in this paper： the principal＇s perceptions of LA, a classroom instruction model to cultivate LA, and a teacher training scheme to facilitate TA. The findings display a complex picture of these issues, and imply the importance of a genuine, shared understanding of the nature of autonomy and the need to carefully ensure the optimal balance among the three types of autonomy in the design and implementation of curriculum innovations.

K_0-group and similarity of operator weighted shifts

By using simultaneous triangularization technique, similarity for operator weighted shifts with finite multiplicity is characterized in terms of K0-group of commutant algebra. The result supports the conjecture posed by Cao et al. in 1999. Moreover, we discuss the relations between similarity and quasi-similarity for operator weighted shifts.