结果持续型违法行为“继续状态”之拟制

对于行为本身即时结束,但后续有状态与结果在继续的结果持续型违法行为是否属于《行政处罚法》第36条第2款中规定的“违法行为有继续状态”的问题,学术界存在都不属于与全部属于两种观点。解决实践问题时应运用“在社会危险性方面,即时结束的行为后续结果与状态的继续仍可造成与行为实施时相当的侵害性与危险性,甚至还会逐渐增大;在主观方面,行为人直接以行为结束后结果与状态的维持作为其行为的目的”的拟制标准,只有符合标准的结果持续型违法行为才可纳入法条调整范畴,以对法条规定进行有限度的扩大理解。

结果持续表达方式的日中对比分析——テアル与存在句中的“着”、“了”、“过”

本文针对日中结果持续的表达方式,从日语A类テアル句式出发,与中文存在句中的"着"、"了"、"过"进行了对比,并就《中日对译语料库》中的例句进行了统计分析,得出了三种对应结果。我们发现,由于中文不能单纯通过动词后续"着"或"了"来体现テアル与テイル的区别,因此テアル绝大情况下被翻译成"动词+着"。但是相比之下用"动词+了"的形式可以同时体现テアル的结果持续义和意图性两种特征。

结果持续型滥用职权罪的追诉时效起算

犯罪之日应界定为"犯罪成立之日"。犯罪成立之日,是指行为符合犯罪构成之日。不以法定危害结果为要件的犯罪,犯罪行为实施之日即是犯罪之日;以特定危害结果出现为要件的犯罪,特定危害结果的发生之日才是犯罪之日。对于结果持续型滥用职权罪在认定其追诉时效起算时,需待危害结果通过一定量的累计实现法定的"严重危害结果",达到从量变到质变的转化时,该临界点为追诉时效的起算点。

Clinical usefulness of adherence to gastro-esophageal reflux disease guideline by Spanish gastroenterologists

AIM:To investigate usefulness of adherence to gastroesophageal reflux disease(GERD) guideline established by the Spanish Association of Gastroenterology.METHODS:Prospective,observational and multicentre study of 301 patients with typical symptoms of GERD who should be managed in accordance with guidelines and were attended by gastroenterologists in daily practice.Patients(aged > 18 years) were eligible for inclusion if they had typical symptoms of GERD(heartburn and/or acid regurgitation) as the major complaint in the presence or absence of accompanying atypical symptoms,such as dyspeptic symptoms and/or supraesophageal symptoms.Diagnostic and therapeutic decisions should be made based on specific recommendations of the Spanish clinical practice guideline for GERD which is a widely disseminated and well known instrument among Spanish in digestive disease specialists.RESULTS:Endoscopy was indicated in 123(41%) patients:50 with alarm symptoms,32 with age > 50 years without alarm symptom.Seventy-two patients(58.5%) had esophagitis(grade A,23,grade B,28,grade C,18,grade D,3).In the presence of alarm symptoms,endoscopy was indicated consistently with recommendations in 98% of cases.However,in the absence of alarm symptoms,endoscopy was indicated in 33% of patients > 50 years(not recommended by the guideline).Adherence for proton pump inhibitors(PPIs) therapy was 80%,but doses prescribed were lower(half) in 5% of cases and higher(double) in 15%.Adherence regarding duration of PPI therapy was 69%;duration was shorter than recommended in 1%(4 wk in esophagitis grades C-D) or longer in 30%(8 wk in esophagitis grades A-B or in patients without endoscopy).Treatment response was higher when PPI doses were consistent with guidelines,although differences were not significant(95% vs 85%).CONCLUSION:GERD guideline compliance was quite good although endoscopy was over indicated in patients > 50 years without alarm symptoms;PPIs were prescribed at higher doses and longer duration.

Microsurgical efficacy in 326 children with tethered cord syndrome: a retrospective analysis

Tethered cord syndrome is a progressive disease with a typically insidious onset in infants and children, and which can lead to persistent progress of neurological deficits and a high rate of disability without timely intervention. The purpose of this study was to investigate the curative effect of microsurgery in children with different types of tethered cord syndrome. In this study, we analyzed 326 patients with tethered cord syndrome, aged from 2 months to 14 years old, who were followed for 3-36 months after microscopic surgery. Based on clinical manifestations and imaging findings, these patients were classified into five types： tight ilium terminale （53 cases）, lipomyelome- ningocele （55 cases）, lipomatous malformation （124 cases）, postoperative adhesions （56 cases）, and split cord malformation （38 cases）. All patients underwent microsurgery. Curative effects were measured before and 3 months after surgery by Spina Bifida Neurological Scale based on sensory and motor functions, reflexes, and bladder and bowel function. The results showed that Spina Bifida Neurological Scale scores improved in all five types after surgery. Overall effective rates in these patients were 75%. Effective rates were 91% in tight ilium terminale, 84% in lipomyelomeningocele, 65% in lipomatous malformation, 75% in postoperative adhesion, and 79% in split cord mal- formation. Binary logistic regression analysis revealed that types of tethered cord syndrome （lipoma-type or not） and symptom duration before surgery were independent influencing factors of surgical outcome. These results show that therapeutic effect is markedly different in patients with different types of tethered cord syndrome. Suitable clinical classification for tethered cord syndrome will be helpful in predicting prognosis and guiding treatment. This trial has been registered in the Chinese Clinical Trial Registry （registration number： ChiCTR1800016464）.

Use of coronary CT angiography in the diagnosis of patients with suspected coronary artery disease： findings and clinical indications

Objective To investigate the clinical applications of coronary CT angiography in patients with suspected coronary artery disease and identify factors that affect CT findings. Methods Medical records of patients suspected of coronary artery disease over a period of 12 months from a tertiary teaching hospital were retrospectively reviewed. Patient age, sex （male/female）, duration of symptoms and abnormal rates of coronary CT angiography scans were analysed to investigate the relationship among these parameters. The patients by age were characterized into five groups： under 36 years, 36-45 years, 46-55 years, 56455 years and more than 66 years, respectively; while the duration of symptoms was also classified into five groups： less than one week, one week to one month, one to three months, three to six months and more than six months. Results Of the 880 patient records reviewed, 800 met the above study criteria. Five hundred and forty nine patients demonstrated abnormal CT findings （68.6%）. There was no significant difference in the percentage of abnormal CT findings based on patient sex and the duration of symptoms （P = 0.14）. The abnormal rates of coronary CT angiography, however, increased significantly with increasing age （P 〈 0.001）; with patients over 65 years of age 2.5 times more likely to have an abnormal CT scan relative to a patient under 45 years. A significant difference was found between abnormal coronary CT angiography and the duration of symptoms （P = 0.012）. Conclusions Our results indicate coronary CT angiography findings are significantly related to the patient age group and duration of symptoms. Clinical referral for coronary CT angiography of patients with suspected coronary artery disease needs to be justified with regard to the judicious use of this imaging modality.

The energy identity of mountainous areas:the example of Greece

Mountainous areas have been long recognized as particularly important for the planet and sustainable mountain development is a global priority. In order to improve the socioeconomic development perspectives of mountain societies, efficient and well-targeted energy strategies should be formed. An important step towards this direction is adequate understanding of local conditions and specific features that affect energy sector. This procedure allows the inclusion of "locality" in energy planning and so, decentralized energy production is facilitated. The present study attempts to determine the particular energy identity of mountainous areas. Greece, which is the second most mountainous country in the EU, has been selected as a case study. Essential features of the mountainous space have been selected, namely altitude, inclination, remoteness, lack of productive activities, old buildings/vernacular architecture, in order to explore their interrelation with the energy sector. Based on literature review and research findings the interaction between mountainous character and energy is outlined. Therefore, a framework of the characteristics of mountain energy identity is composed, which can provide support to the formation of specialized energy policy for mountainous areas. Some of the main findings of the present study include the significantly increased energy loads of mountainous areas, the abundance of renewable energy potential in high – altitude areas, the vulnerability of mountain societies to energy poverty and the difficulties in sitting energy projects in the restricted usable space of mountains. Since the literature regarding mountains and energy is rather poor the present paper aspires to be a step towards highlighting the importance of energy issues for mountain areas and societies. By determining the features of mountain energy identity energy planning in high – altitude areas and so, helping make energy planning more effective, such research works can be parts of sustainable development strategies for mountainous areas.

Bamboo Taper Effect on Center Point Bending Test

Bamboo became the best material choice for sustainable construction because it is fully renewable materials. Indonesian people traditionally choose bamboo for their housing since a long time ago. Bamboo stems usually have unique shape. Its geometrical shape assumed as tapered hollow pipe. This study aims to find the effect of bamboo taper to its strength properties on center point bending test. The ratio between the Modulus of Rupture （S~） calculated in the center point, and the maximum bending stress along the beam is called strength ratio of taper （Ct）. The theoretical calculation results Ct value is 1 if the taper lower than 0.023, while Ct value become lower if the taper is higher than 0.023. The survey on Ampel （Bambusa vulgaris Schrad.）, Tali （Gigantochloa apus （BI. Ex Schult. f） Kurz）, Gombong （Gigantochloa verticillata （Willd.） Munro）, and Mayan （Gigantochloa robusta Kurz.） found that the overall taper range is -0.0047-0.0088 and 0-0.0127 for inner and outer taper respectively. On that overall range the Ct value is always 1, so it is reasonable to ignore the taper effect on one point bending test.

Risk factors for anastomotic leakage after low anterior resection without diversional stomas

Objective The most important complication after low anterior resection(LAR) for mid-low rectal cancer is symptomatic anastomotic leakage(AL). More than one-third of patients with rectal cancer who underwent LAR will have functional stomas during primary operation. The aim of this retrospective study was to evaluate the risk factors associated with clinical AL following LAR without diversional stomas.Methods Between 2012 and 2017, information about 578 consecutive patients with rectal tumors less than 12 cm from the anal verge who underwent LAR without diversional stomas by the same surgical team was collected retrospectively. A standardized extraperitonealized anastomosis and pelvic drainage were conducted for all patients during primary operations, and the outcome of interest was clinical AL. The associations between AL and 14 patient-related and surgical variables were examined by both univariate chi-square test and multivariate logistic regression analysis.Results The AL rate was 7.27%(42 of 578). Univariate and multivariate analyses showed that male sex(P = 0.018), mid-low rectal cancer(located 10 cm or less above the anal verge)(P = 0.041), presence of diabetes(odds ratio = 2.117), longer duration of operation(odds ratio = 1.890), and intraoperative contamination(odds ratio = 2.163) were risk factors of AL for LAR without diversional stoma and independently predictive of clinical AL. Nearly 83.3%(35 of 42) of leakage could be cured by persistent pelvic irrigation-suction-drainage without surgical intervention. Only 7 patients(16.7%) with severe complications, such as peritonitis, and fistula, required reoperation, and functional stoma was used as a salvage treatment.Conclusion From the findings of this retrospective survey, we identified that mid-low rectal cancer and male sex were independent risk factors for developing clinical AL after LAR without diversional stomas, as well as longer duration of operation, presence of diabetes, and contamination of the operative field. Moreover, we deemed that LAR without diversional stomas for mid-low rectal cancers was safe, effective, and feasible. Extraperitonealized anastomosis and pelvic drainage obtained a relatively low rate of AL and avoided unnecessary functional stomas. Pelvic irrigation-suction-drainage was an effective procedure to resolve AL, and functional stoma was potentially used as a salvage modality for serious leakage.

论作为状态完成的结果维持问题——汉日两种语言体的对比研究

中日两种语言的“坐”/‘座 ’类动词和 “抱”/‘抱 ’类动词,在持续体中都表现为结果 的持续,而且主体可以对持续体中的结果进行干 预。本文称这种类型的结果持续为“结果的维 持”。日语的‘座 ’类动词和‘抱 ’类动词在 完整体中可以表现变化的结果以及到达这个结果 的过程;而汉语的“坐”类动词和“抱”类动词在完 整体中需要伴随趋向补语。

Antidepressant-like effect of active fraction of Polyrhachisvicina Roger in a rat depression model

OBJECTIVE: To investigate the antidepressant-likeeffect of active fraction of Polyrhachis vicina Roger(AFPR) in a rat depression model, and to elucidate the underlying mechanism.METHODS: AFPR was extracted with ethanol followed by petroleum ether. Its antidepressant-like effect was investigated in mice by tail suspension test(TST), forced swimming test(FST) and open field test(OPT). A repeated dose of reserpine(0.5 mg/kg, daily for 14 d) was used to establish a rat depression model. Fluoxetine was used as positive control agent. The effect of AFPR on reserpine-induced ptosis, hypothermia and akinesia, the levels of monoamines and their metabolites, and the activity of monoamine oxidase(MAO) in hippocampus and prefrontal cortex were determined.RESULTS: Administration of AFPR by gavage at 160 and 320 mg/kg significantly reduced the duration of immobility in the FST and TST, and did not affect locomotor activity in the OPT. In the reserpine-induced depression model, AFPR attenuated anhedonia, demonstrated by reversing hypothermia, akinesia and sucrose consumption. AFPR significantly increased the concentration of monoamines, including dopamine, serotonin, noradrenaline and acetylcholine.CONCLUSION: AFPR normalized the metabolism rates of noradrenaline, serotonin and dopamine,and the activity of MAO, which were altered by chronic reserpine exposure. The findings suggest that modulation of the monoaminergic neurotransmitter system likely underlies the antidepressant-like effect of AFPR.

The roles of inter- and intra-sexual selection in behavioral isolation between native and invasive pupfishes

Male-male competition and female mate choice may both play important roles in driving and maintaining reproductive isolation between species. When previously allopatric species come into secondary contact with each other due to introductions, they provide an opportunity to evaluate the identity and strength of reproductive isolating mechanisms. If reproductive isolation is not maintained, hybridization may occur. We examined how reproductive isolating mechanisms medi- ate hybridization between endemic populations of the Red River pupfish Cyprinodon rubrofluviati- lis and the recently introduced sheepshead minnow C. variegatus. In lab-based dominance trials, males of both species won the same number of competitions. However, male C. rubrofluviatilis that won competitions were more aggressive than C, variegatus winners, and more aggression was needed to win against competitor C. variagatus than allopatric C. rubrofluviatilis. Duration of fights also differed based on the relatedness of the competitor. In dichotomous mate choice trials, there were no conspecific or heterospecific preferences expressed by females of either species. Our findings that male-male aggression differs between closely and distantly related groups, but female choice does not suggest that male-male competition may be the more likely mechanism to impede gene flow in this system.