从两大法系判决释理谈我国裁判文书改革

司法判决的任务是向整个社会解释,说明该判决是根据原则作出的好的判决,并正是基于这样的理念,英美法系裁判文书制作的风格呈现出论证性、对话性及选择性特点;大陆法系经过多年司法改革,判决释理已成为裁判文书不可或缺的部分,使裁判文书成为向社会公众展示司法公正形象的载体。以此为鉴,加强我国裁判文书改革任重而道远。

加强判决释理与我国法官职业保障体系的构筑

一个国家司法制度的状况,根本上取决于运行这一制度的人,尤其是法官,法官的专业水准和道德素养,在很大程度上决定了司法制度是否公正、有效地运作,决定了判决释理的水平。所以切实提高法官自身素养、加快法官制度改革,是我国现行司法改革的一个重要环节,也是提高裁判说服力和公信力的重要途径。

从判决释理谈我国民事替代性纠纷解决机制的重构

ADR强调通过当事人合意解决纠纷,而司法程序通过强制性权威解决纠纷。由于私法领域中纠纷当事人具备法律上地位的平等性和处分权,强调通过合意而解决纠纷并进而促进当事人自治的ADR在法理上和实践中都得到了广泛支持。以此为鉴,重构我国民事替代性纠纷解决机制势在必行。

从《谏逐客书》看公文的“释理”效应

公文写作中的“释理”特性可使公文达到行文的最佳效果，《谏逐客书》作为古代的一篇优秀公文典范，其说理技巧高超，说理语言精当，说理效果突出，极好地彰显了公文的“释理”效应。

谈我国民事简易程序的改革

简易程序、小额诉讼程序具有口头化、平民化、简易化、非专业化,对抗色彩相对较弱,职权主义介入较多,以调解为主的特色,从而减少了进入审判程序的案件,真正达到了"精审判"的目的,应为我国审判方式改革所借鉴。

《辞源》“宿饱”“安堵”条考辨

本文结合最新研究成果，通过语境考察，对《辞源》（修订版）词语“宿饱”、“安堵”条的释义及构词理据进行考辨，提出“宿饱”应作“常饱、久饱”义解，“安堵”应由安于墙堵而引申指安居、安定义。

Effect of Silicon-on-Insulator Substrate on Residual Strain in 3C-SiC Films

One group of SiC films are grown on silicon-on-insulator （SOI） substrates with a series of silicon-overlayer thickness. Raman scattering spectroscopy measurement clearly indicates that a systematic trend of residual stress reduction as the silicon over-layer thickness decreases for the SOI substrates. Strain relaxation in the SiC epilayer is explained by force balance approach and near coincidence lattice model.

First-principles study of intrinsic defects,dopants and dopant-defect complexes in LiBH_4

A first-principles study was reported based on density functional theory of hydrogen vacancy,metal dopants,metal dopant-vacancy complex in LiBH4,a promising material for hydrogen storage.The formation of H vacancy and metal doping in LiBH4 is difficult,and their concentrations are low.The presence of one kind of defect is helpful to the formation of other kind of defect.Based on the analysis of electronic structure,the improvement of the dehydrogenating kinetics of LiBH4 by metal catalysts is due to the weaker bonding of B—H and the new metal-like system,which makes H atom diffuse easily;H vacancy accounts for a trace amount of BH3 release during the decomposing process of LiBH4;metal dopant weakens the strength of B—H bonds,which reduces the dehydriding temperature of LiBH4.The roles of metal and vacancy in the metal dopant-vacancy complex can be added in LiBH4 system.

Laws of strata energy release and corresponding safety warning system in metal mine

The strata deformation in mining area was monitored in Dabaoshan copper-iron mine,and an analytical method of strata energy release was put forward.On the basis of chaotic theory,by reconstructing the phase space for time series data of strata energy release,the saturated embedding dimension and the correlation dimension of the dynamic system were obtained to be 4 and 1.212 8,respectively,and the evolution laws of distances between phase points of strata energy release in the phase space were revealed.With grey theory,a prediction model of strata energy release was set up,the maximum error of which was less than 6.7%.The results show that there are chaotic characters in strata energy release during mining;after reconstructing phase space,the subtle changing characteristics of energy release can be magnified,and the internal rules can be fully demonstrated.According to the laws,a warning system for strata stability in mining area was established to provide a technical safeguard for safe mining.

The Use of Ultrasonics in the Treatment of Waste Activated Sludge

The present paper reports on extensive investigations using an ultrasomc treatment ot WAS, to study its potential to meet one or all of four objectives： （1） reduce WAS quantities; （2） achieve a better dewaterability; （3） provoke a release of COD from the biosolids, preferably transformed into biodegradable organics and （4） possibly destroy the filamentous micro-organisms responsible for sludge bulking. The experiments are carried out in a batch reactor of volume up to 2.3L. The ultrasonic apparatus consisted of a generator, a converter and a sonotrode, supplied by Alpha Ultrasonics under the brand name of Telsonic. Three different sludge kinds were tested, at approximate concentration （DS/WAS） between 3.5 and 20g·L^-1. The release of COD from the WAS-phase into the filtrate phase is a function of the specific energy-input SE with yields of about 30% achievable at SE-values of 30000 kJ·kg^-1. A major fraction of the COD is transformed into biodegradable organics （BOD）. The reduction of DS-fraction of the sludge is equivalent to the COD-release rates. Although the dry solids content （DS） is reduced, the dewaterability of the sludge is not improved. This reflects itself in a slightly decreased dryness of the filter cake using vacuum filtration, and in increased values of the capillary suction time （CST）. This more difficult dewaterability is the result of considerably reduced floc sizes, offering an extended surface area. More surface water is bound （CST increases） and the filterability decreases due to clogging of the cake. To reach the same dryness as the untreated cake, the required dosage of poly-electrolyte increases proportionally with the level of ultrasound energy supplied. The ultrasonic reduction of filamentous WAS organisms is not conclusive and very little effect is seen at low intensities and short treatment durations. Microscopic analysis of the WAS identified the dominant presence of Actynomyces. Especially the release of COD and its transformation into BOD certainly merit further research.

Effects of Gel-based Controlled Release Fertilizers on Agronomic Characteristics and Physiological Indices of Corn

[Objective] This study aimed to investigate the effects of gel-based controlled release fertilizers （CRFs） on agronomic characteristics and physiological indices of corn. [Method] Pot experiment was carried out to investigate the agronomic characteristics and physiological indices of corn fertilized with controlled release fertilizers compared with conventional fertilizer （CF）. [Result] Plant height, stem girth, leaf area and root volume of corn were significantly increased under the CRF treatments; photosynthetic rate and soluble protein content were also improved. Dry matter accumulations under the two CRF treatments were increased by 21.3% and 17.0% compared with CF application at one time （CF1）, and 19.6% and 15.4% with CF application at two times （CF2）, respectively. Accumulation amounts of N, P and K in whole plant under the two CRF treatments were increased by 44.0% -24.7% , 40.0%-25.9% and 20.1% -13.9% ; and the nutrient use efficiencies of N, P and K were improved by 22.9% -13.4% , 11.2% -9.6% and 17.5% -12.1% , respectively. [Conclusion] The results implied that the CRFs could significantly improve nutrient use efficiency and plant yield.

Pre-processing and post-processing method for geostress simulation using seismic interpretation results

In order to carry out numerical simulation using geologic structural data obtained from Landmark(seismic interpretation system), underground geological structures are abstracted into mechanical models which can reflect actual situations and facilitate their computation and analyses.Given the importance of model building, further processing methods about traditional seismic interpretation results from Landmark should be studied and the processed result can then be directly used in numerical simulation computations.Through this data conversion procedure, Landmark and FLAC(the international general stress software) are seamlessly connected.Thus, the format conversion between the two systems and the pre-and post-processing in simulation computation is realized.A practical application indicates that this method has many advantages such as simple operation, high accuracy of the element subdivision and high speed, which may definitely satisfy the actual needs of floor grid cutting.

A Reliability Analysis of Calculated Results for Odd-Even and Odd-Odd Nuclei in Relativistic Mean-Field Theory

We calculate the binding energies of Ni, Cu, Xe, Cs, Pt, Au, Np, Pu isotope chains using two interaction parameter sets NL-3 and NL-Z, and compared the relative errors of the even-even nuclei with those of odd-even nuclei and odd-odd nuclei. We find that the errors of binding energy of odd-even and odd-odd nuclei are not bigger than the one of even-even nuclei. The result shows that comparing with even-even nuclei, there is no systematic error and approximation in the calculations of the binding energy of odd-even and odd-odd nuclei with relativistic mean-field theory. In addition, the result is explained theoretically.

Some parameters of coal methane system that cause very slow release of methane from virgin coal beds(CBM)

In some worldwide hard coal basins recovery of methane from virgin coal beds is difficult. In general,mentioned difficulties are related to geo-mechanical, petrographical and physical-chemical properties of coals in question, occurring for example in the Bowen Basin(Australia) or the Upper Silesian Coal Basin(Poland). Among numerous properties and parameters, the following are very essential: susceptibility of coal beds to deformation connected with coal stress state change and contemporary shrinkage of the coal matrix during methane desorption. Those adverse geo-mechanical and physical-chemical effects are accompanied by essential change of the porous coal structure, which under these disadvantageous conditions is very complex. This study aims to show difficulties, which occur in phase of recognition of the methane-reach coal deposit. Volume absorbed methane(not surface adsorbed) in sub-micropores having minimal size comparable with gas molecule diameter must possess energy allowing separation of the nodes and methane release to micropores.

Inverse Spline Interpolation for All-time Resistivity of Central-Loop TEM

A convenient numerical calculation method (inverse spline interpolation) for all-time apparent resistivity intransient electromagnetic method (TEM) is proposed in this paper. Characteristic of early and late normalized inductiveelectromotive force was investigated. According to the turning point, the transient process is divided into the earlyphase, the turning point, and the late phase. Afterwards, apparent resistivity is obtained through inverse spline interpo-lation in the early and the late phases, respectively. Finally, the resistivities of the early-time and the late-time wereconnected together by the turning point. The result shows that the inverse spline method is feasible and the method alsolays a foundation for initial model construction in the TEM automatic inversion.

Physical Concept of Human Eye

This article describes model of human eye fluctuations such as refraction etc. and makes its physical interpretation. Because mistakes in refraction measurements correspond to fluctuations in eye＇s focus, it is possible to calculate theoretical limits for the best accuracy in measurements of eye＇s refraction （0.25-0.3 D）. Optical model for astigmatic human eye predicts possibility only 70% compensation of visual acuity by cylindrical glasses. New data and methods for digital measuring of color and gray vision were tested, too. Also ,some new results and model for periphery color and grey vision were proposed and discussed.

Influence of Reactive Diluent on UV-curing of AcrylateTerminated Hyperbranched Polymers

A Aeries of hydroxylic hyperbranched polymers were derived from 2,2-bis(methylol) propionic acid and tris(methylol) propane reacted with acrylic acid to various extents. The obtained acrylated hyperbranched polymers alone or with a monofunctional diluent, isobornylene acrylate(IBOA) were further cured by UV radiation. The cured films based on the modified polymers alone all demonstrated poor mechanical properties due to their high network densities and low moving ability of polymer chains. For the composite systems, the cured films demonstrated improved mechanical properties due to the low network densities and high chain moving ability. With more IBOA included in the systems, acrylate groups can react to a higher extent during the curing process.

Measurement of trace nitrate concentrations in seawater by ion chromatography with valve switching

An ion chromatographic method with a valve switching facility was developed to determine trace nitrate concentrations in seawater using two pumps, two different suppressors, and two columns. A carbohydrate membrane desalter was used to reduce the high concentrations of sodium salts in samples. In this method, trace nitrate was eluted from the concentrator column to the analytical columns, while the matrix fl owed to waste. Neither chemical pre-treatment nor sample dilution was required. In the optimized separation conditions, the method showed good linearity( R >0.99) in the 0.05 and 50 mg/L concentration range, and satisfactory repeatability(RSD<5%, n =6). The limit of detection for nitrate was 0.02 mg/L. Results showed that the valve switching system was suitable and practical for the determination of trace nitrate in seawater.

Truth and the World： Why Davidson Is Right and Rorty Is Wrong

Richard Rorty thinks he has the same agenda as Donald Davidson. He is wrong. Though Rorty contends truth as only metaphor liberates us, he actually undercuts a rich interpretative ability. Davidson＇s agenda provides ways to explore this ability by elucidating the conditions that reside in the make up of successful communication and in which truth claims are made about the world. Thus, Davidson and Rorty have different agenda, and Davidson＇s offers more promise for philosophy to help explain what we seem to know-we can communicate truthfully about the world.

5-Fluorouracil-loaded Self-assembled pH-sensitive Nanoparticles as Novel Drug Carrier for Treatment of Malignant Tumors

In order to improve the cancer-targeting and selective activity of antineoplastic agent [5-fluorouracil （5-FU）], a novel pH-responsive drug delivery system [pullulan acetate/sulfonamide （PA/SDM） conjugate] was synthesized by a diafiltration method. Sulfonamide was grafted to the hydrophobicaUy modified pullulan acetate to enhance the pH sensitivity for better cancer-targeting delivery. 5-FU was loaded into the self-assembled nanoparticles by the same method. The drug-loaded self-assembled nanoparticles were successfully obtained and characterized in terms of particle size, morphology and drug loading and release profile at various pHs. The results showed that the mean diameter of the self-assembled particles was approximately 100nm, with uniform size and good spherical morphology. The nanoparticles showed good stability at pH 7.4, which is equal to that of the normal body fluid, but shrank and aggregated below pH 6.8, which is close to the pH with tumors. The loading efficiency and concentration of released 5-FU was monitored at 269 nm on the UVNis spectrophotometer. The release profile was heavily pH-dependent around phvsiological pH, and the release rate was significantly enhanced under pH of 6.8.