权利表见责任研究——以物权法善意取得为视角

善意取得理论解决的是外观信赖人取得受让财产权利的正当性问题,而真权利人丧失权利的法理正当性则在于其应承担的权利表见责任。权利表见责任,即所谓“对权利表象的责任”。权利表见责任有其认识论和实践论上的必然性,其法理基础在于理性受意人角度的意思表示解释理论。权利表见责任的实质是一种法律上的拘束,是作为第一性的义务,而非第二性的法律责任。

习近平对中国化马克思主义群众观的思想创新及表述风格

习近平的马克思主义群众观中包含有深刻的马克思主义理性意涵,它强调了将群众观点作为党的根本观点、将群众路线作为党的生命线与根本工作路线的重要性。习近平的马克思主义群众观是马克思主义群众观中国化、时代化、大众化的最新理论成果,也是对历史唯物主义群众史观的重要贡献。因其是对人民群众实践经验的科学概括与总结,故而有着丰富的时代内容和深厚的现实基础,集中体现了马克思主义的思想精髓以及党在新时期的政治立场与领导原则。习近平的马克思主义群众观既可显示习近平同志的使命意识与担当情怀,亦可显示其历史眼光、时代视野、实践指向与人民立场。习近平的马克思主义群众观使用大众话语进行表述,风格独特,意旨深远。

The Global Value ofMencius＇s Ideas on Moral Feeling and Reason： Reinterpreting the Feeling of Compassion From the Perspective of the Philosophy of Emotion

Amid the recent global upsurge of studies on the philosophy of emotion, a reinterpretation of traditional Confucian philosophy, especially Mencius＇s ideas on the siduan （Four Original Sources） of morality, may shed new light on the subject in comparative philosophy. This paper probes the structure of moral feeling and reason described by Mencius＇s from five perspectives： （1） In view of the relationship between feeling and reason, is it better to use the expression ＂siduan＂ or the expression ＂sixin （Four Heart-minds）＂？ （2） In view of dispositional feeling, what are the four original sources？ （3） In view of moral feeling, what are the structural order of the four sources and the corresponding procedure of reasoning of four heart-minds of Humanity？ （4） In view of positive feeling, how does moral feeling grow out of the goodness of human nature？ （5） What is the global value of Mencius＇s ideas on human moral feeling？ The author concludes that Mencius＇s thought on moral feeing has a global value and cross-cultural significance, and that Chinese wisdom is more than regional but universally applicable. The structure of moral feeling and reason that Mencius identified is in accordance with the principles ofzhiliang （grasping the two poles of the beginning and the end） and yongzhong （emloying the middle）. The principles ofzhiliang and yongzhong are true universal wisdoms of Confucianism, which should be rekindled today. From a practical point of view, ＂the Way begins from moral feelings,＂ and Confucius and Yah Hui＇s seeking the simple, virtuous life is an ideal model of emotional well-being.

Physico-chemical Characteristics and Environmental Significance of Snow Deposition on Haxilegen Glacier No.51 in Tian Shan,China

Snow chemistry on the glaciers of alpine regions is a good indicator of atmospheric environmental change.We examine snow chemistry in three snowpits at different altitudes on the Haxilegen Glacier No.51,in the Kuitun River source,Tian Shan,China,during July-September 2004 to 2007.We use correlation analysis,factor analysis and sea-salt tracing methods to examine the characteristics and sources of major ions and mineral dust particles in the snow.Results show that mineral dust particles and major ions in the snow pits vary seasonally.During the Asian dust period in springtime,the concentration of mineral dust particles and major ions deposited in snow is high,while the concentration is relatively low during the non-dust period of summer and autumn.This may be caused by dust storm activity in central Asia.The order of major ionic concentrations in the snow packs was determined to be Ca2+ > SO42-> NH4+ > NO3-> Cl-> Na+ > Mg2+ > K+.Ca2+ was the dominant cation;SO42- was the dominant anion.We find,with the exception of NO3-,that the variabilities of ionic concentrations are highly correlated.Results show that the glacier region was significantly affected by dust activity and anthropogenic source.The major ions,especially Na+,originate from dust sources of central Asia and from the Ocean,transported by the westerly winds.

Clinicopathological significance of B-cell-specific Moloney murine leukemia virus insertion site 1 expression in gastric carcinoma and its precancerous lesion

AIM： To explore the relation between B-cell-specific Moloney murine leukemia virus insertion site 1 （Bmi-1） expression and the clinicopathological features of gastric carcinoma （GC）.METHODS： Immunohistochemistry was used to detect the expression of Bmi-1 and ki-67. Doublelabeling staining was used to display the distribution of Bcl-2^＋/ki-67 cells in 162 cases of GC and its matched normal mucosa and precancerous lesion.RESULTS： The positive rate of Bmi-1 expression in GC（52.5%） was significantly higher than that in normal gastric mucosa （21.6%, X^2 = 33.088, P 〈 0.05）. The Bmi-1 expression in GC was closely related with the Lauren＇s and Borrmann＇s classification and clinicalstage （X^2 = 4.400, 6.122 and 11.190, respectively, P〈 0.05）. The expression of ki-67 was related to the Borrmann＇s classification （X^2 = 13.380, P 〈 0.05）.Bcl-2 expression was correlated with the Lauren＇s classification （Z2 = 4.725, P 〈 0.05）, and the Bmi-1 expression both in GC （rk = 0.157, P 〈 0.05） and inintestinal metaplasia （rk = 0.270, P 〈 0.05）.CONCLUSION： Abnormal Bmi-1 expression in GCmay be involved in cell proliferation, apoptosis andcancerization. This marker can objectively indicate theclinicopathological characteristics of GC.

Kant, Fichte, and the Act of the I

Fichte＇s various articulations of the Wissenschaftslehre （＂theory of scientific knowledge＂） are self-conscious attempts to systematize Kant＇s critical philosophy. Fichte＇s notion of the pure I （ieh） serves as the theoretical starting-point for his exposition of transcendental idealism, and in many ways this concept is analogous to Kant＇s notion of the transcendental unity of apperception explained in the Critique of Pure Reason. This paper argues that although Fichte and Kant agree on （1） the active nature of the pure I, （2） the distinction between pure and empirical apperception, and （3） skepticism concerning the possibility of theoretical knowledge of any positive （i.e., noumenal） content of the pure I, their respective notions of pure apperception differ in that Kant affirms the conceptual priority of the pure I to its objects while Fichte denies the same. Fichte＇s departure from Kant on this point foreshadows many later recognition theories of consciousness, e.g., those of Hegel and Marx.

Italian Asset Managers＇ Behavior： Evidence on Overconfidence, Risk Taking and Gender

This paper offers new insights into the Italian mutual fund industry. Surveying Italian professionals, we do not only reveal typical gender differences but also detect divergence to their German counterparts. While disclosing Italian professionals＇ overly positive self-assessment in general, we find evidence for male overconfidence in particular--though without being accompanied by excessive control illusion of the own information level. Asset managers＇ risk taking reveals further differences： Italian female professionals do not only assess themselves as more risk averse than their male colleagues, they also prefer a more passive portfolio management compared to the level they are allowed to. Moreover, in a tournament scenario near the end of the investment period female asset managers do not try to become the ultimate top performer when they have outperformed their peer group so far. However, in case of underperformance, the risk of deviating from the benchmark makes especially female professionals willing to seize a chance of catching up. Overall, compared to their German counterparts, we find Italian asset managers to be slightly more risk averse. Matching bounded former results on Italian mutual funds, we discuss interdependencies as well as impact of our findings at the individual asset managers＇ level on trading activity, management style and performance.

Satisficing as an Account of Kuhnian Rationality

The lack of an account of rationality in The Structure of Scientific Revolutions was a lacuna which Thomas Kuhn acutely felt. In this paper, I argue that Herbert Simon＇s notion of ＂satisficing＂ provides a formally well-developed and empirically well-established theory of rationality that fits well with Kuhn＇s general characterization of science. I start by considering two rival interpretations of the problem of Kuhnian rationality and introduce Simon＇s notion of satisficing. In Section 3, I show how satisficing can be used to interpret paradigm, change, rational theory-choice, relativism, and progress. On this account, Kuhnian scientists are not irrational. Rather they employ the same computational mechanism which allows humans to play chess.

Heme oxygenase-1 system and gastrointestinal inflammation:A short review

Heme oxygenase-1(HO-1) system catalyzes heme to biologically active products:carbon monoxide,biliverdin/bilirubin and free iron.It is involved in maintaining cellular homeostasis and many physiological and pathophysiological processes.A growing body of evidence indicates that HO-1 activation may play an important protective role in acute and chronic inflammation of gastrointestinal tract.This review focuses on the current understanding of the physiological significance of HO-1 induction and its possible roles in the gastrointestinal inflammation studied to date.The ability to upregulate HO-1 by pharmacological means or using gene therapy may offer therapeutic strategies for gastrointestinal inflammation in the future.

Neo-Empiricism and Intentionality

A revival of empiricist theories in cognitive psychology, neuropsychology, and philosophy has been led by figures such as Antonio Damasio （1994）, Lawrence Barsalou （1999）, George Lakoff （1987）, and Jesse Prinz （2002; 2004）. Their work has served to connect familiar empiricist approaches to thought and reason with contemporary cognitive psychology and neuroscience. The work of Prinz is of special philosophical significance since it aims to bring together the work of neo-empirically minded theorists in the cognitive and neuro-sciences with main themes found in contemporary philosophical theories of intentionality and reference. In this paper, I examine Prinz＇s efforts to synthesize a neo-empiricist theory of concepts with contemporary semantic theories of reference and intentionality. In part one, I analyze Prinz＇s approach in some depth. In part two, I raise a question concerning the origins of intentionality. Specifically, I am interested in examining the minimum cognitive prerequisites for intentionality within Prinz＇s theory of perception-based representation. In part three, I raise a problem case for Prinz＇s account of the requirements for intentionality, and propose an adjustment in Prinz＇s account to meet the challenge of the objection.

A Micro-Mechanism Model for Porous Media

Based on the tortuous-expanding path/channel model,a micro-mechanism model for porous media is developed.The proposed model is expressed as a function of tortuosity,porosity,resistance coefficient,and fluid properties.Every parameter in the proposed model has clear physical meaning.The results show that the model predictions are ingood agreement with those from the existing experimental data.

Comparison of Two Types of Nursing Application in PACU Affect Postoperative Satisfaction

The very key element in quality of nursing care is individualized nursing care. Individual differences among patients in terms of their health, illness, social classes and cultural background which lead to different needs emphasize on providing individualized care. And it is strongly related to postoperative care satisfaction. In fact, it tailored nm,ning activities with unique peculiarity of each patient. Actually, it changes all standardized nursing procedures and activities. We aimed to look into the differences between those two types of nursing application in postanesthesia care unit （PACU）, affect postoperative care satisfaction in the research. Methods： We conducted a prospective control study that included 325 patients ,randomly divided into two groups： Individualized nursing care group and ordinary nursing care group, undergoing general anesthesia. The 2 groups of patients were similar in respect to gender distribution, age, and type of surgery and had been admitted into the PACU after elective surgery. Data was collected by interviewing with patients using Satisfaction Questionnaire （North Health Service Hospital Consumer Assessment Works by and service systems （H C A H P S） in patients over Meaning of the questionnaire Chinese Translation Version ） , after assessing its content validity and reliability with Chronbach＇s alpha method. Using SPSS ver. 17 to analysis data .Results： General information on the two groups were no statistically significant differences （P〉 0. 05）. Individualized nursing care group （98.2%） compared with the ordinary nursing care group satisfaction （92%） significantly increased （P 〈0. 01）. Conclusions： Deployment of individualized nursing care in PACU can significantly improve postoperative satisfaction compared to ordinary nursing care.

Application of Constructivism in English Teaching

Constructivism is an important branch of cognitive theory. It is a leading theory of education at the end of 20th century and the early 21th century. Language itself is a kind of social construct, learning a language is construct personal knowledge. Under the guidance of constructivist learning theory, English teaching has transformed into a student-centered self-construct mode. It created a new situation that students can receive the overall development and personality development through situation setting, collaborative learning and meaning construction.

清中后期乡村租佃市场的法律障碍及其影响——以佃农欠租为中心

在清中后期乡村社会中,租佃是非常兴盛的一种农业生产形式。通过租佃,地主获得了地租,而佃农获得了土地,而对社会而言,劳动力与土地能有效结合,发展了社会生存力,增加了物质财富。在租佃中,缴纳地租是佃农的基本义务。学界对清代佃农欠租有所研究,但缺乏深入探讨。~②而且,清代佃农欠租亦涉及市场与法律。虽然学界较多地关注中国传统社会中的市场与法律,但较少把两者有效结合。

Non-linear and non-conservative quasi-variational principle of flexible body dynamics and application in spacecraft dynamics

The law of conservation of energy is one of the most fundamental laws of nature.According to the law of the conservation of energy,the non-linear and non-conservative quasi-variational principle of flexible body dynamics is established.The physical meaning of the quasi-stationary value conditions has been explained in non-linear and non-conservative flexible body dynamics.In the case study,the application in spacecraft dynamics is researched.

Physical implication of two problems in transition prediction of boundary layers based on linear stability theory

Up to now,the most widely used method for transition prediction is the one based on linear stability theory.When it is applied to three-dimensional boundary layers,one has to choose the direction,or path,along which the growth rate of the disturbance is to be integrated.The direction given by using saddle point method in the theory of complex variable function is seen as mathematically most reasonable.However,unlike the saddle point method applied to water waves,here its physical meaning is not so obvious,as the frequency and wave number may be complex.And on some occasions,in advancing the integration of the growth rate of the disturbance,up to a certain location,one may not be able to continue the integration,because the condition for specifying the direction set by the saddle point method can no longer be satisfied on the basis of continuously varying wave number.In this paper,these two problems are discussed,and suggestions for how to do transition prediction under the latter condition are provided.

On the mathematically reliable long-term simulation of chaotic solutions of Lorenz equation in the interval [0,10000]

Using 1200 CPUs of the National Supercomputer TH-A1 and a parallel integral algorithm based on the 3500th-order Taylor expansion and the 4180-digit multiple precision data,we have done a reliable simulation of chaotic solution of Lorenz equation in a rather long interval 0 t 10000 LTU(Lorenz time unit).Such a kind of mathematically reliable chaotic simulation has never been reported.It provides us a numerical benchmark for mathematically reliable long-term prediction of chaos.Besides,it also proposes a safe method for mathematically reliable simulations of chaos in a finite but long enough interval.In addition,our very fine simulations suggest that such a kind of mathematically reliable long-term prediction of chaotic solution might have no physical meanings,because the inherent physical micro-level uncertainty due to thermal fluctuation might quickly transfer into macroscopic uncertainty so that trajectories for a long enough time would be essentially uncertain in physics.

Changes in the Chinese Population's Fertility Intentions:1980-2011

On the basis of the findings of 227 surveys of Chinese fertility intentions over the years 1980-2011, this paper investigates the longitudinal changes in fertility intentions through cross-temporal meta-analysis. It is found that the ideal number of children for the Chinese trended downwards from 1980, but since 2000 the average number has remained basically stable at 1.6 to 1.8. In the 1980s, people＇s fertility levels were higher than their fertility intentions. With economic and educational progress in China, both fertility levels and fertility intentions showed a downward trend, with the former declining faster than the latter. Since 1990, people＇s fertility levels have been lower than their fertility intentions; that is, their actual number of children has been less than their ideal number. This provides an empirical basis for examining the changes in China＇s fertility intentions and fertility levels.

Effect of hydration on the elasticity of mantle minerals and its geophysical implications

Recent studies have shown that major nominally anhydrous minerals in the Earth's mantle, such as olivine, pyroxene and garnet, can incorporate considerable amounts of water as structurally bound hydroxyl. Even a small amount of water is present in mantle minerals, it can strongly affect a number of physical properties, including density, sound velocity, melting temperature, and electrical conductivities. The presence of water can also influence the dynamic behavior, lead to lateral velocity heterogeneities, and affect the material circulation of the Earth's deep interior. In particular, seismic studies have reported the existence of low-velocity zones in various locations of the Earth's upper mantle and transition zone, which has been expected to be associated with the presence of water in the region. In the past two decades, the effect of water on the elasticity and sound velocities of minerals at relevant pressure-temperature(P-T) conditions of the Earth's mantle attracted extensive interests. Combining the high P-T experimental and theoretical mineralogical results with seismic observations provides crucial constraints on the distribution of water in the Earth's mantle. In this study, we summarize recent experimental and theoretical mineral physics results on how water affects the elasticity and sound velocity of nominally anhydrous minerals in the Earth's mantle, which aims to provide new insights into the effect of hydration on the density and velocity profile of the Earth's mantle, which are of particular importance in understanding of water distribution in the region.

A Cellular Automaton Model for Heterogeneous and Incosistent Driver Behavior in Urban Traffic

In this paper a cellular automaton model is proposed to describe driver behavior at a single-lane urban roundabout. Driver behavior has been considered as heterogeneous and inconsistent. Most traffic papers in the literature just discussed heterogeneous driver behavior, to our best knowledge. Two truncated Caussian distributions are used to model heterogeneous and inconsistent driver behavior, respectively. The physical meanings of two truncated distributions are indicated. This method may help enhance a better understanding of driver behavior at roundabout traffic, and even possibly provide references for roundabout design and management.