The right to education is an important part of basic human rights. To transform from a designed vision to a reality in practice, teachers’ right to discipline, as a component of the right to education, needs tangible...The right to education is an important part of basic human rights. To transform from a designed vision to a reality in practice, teachers’ right to discipline, as a component of the right to education, needs tangible support from the criminal law. The criminal law cannot be absent from promoting the rule of law in education. However, in practice, teachers’ disciplinary behaviors are often ex-cessively criminalized, leading to problems such as over-expanding punishment and harming the innocent and even the malaise that en-danger substantive justice such as the tarnishing of teachers’ disci-plinary right and the imbalance of teachers’ disciplinary behaviors. Such overcriminalization has its social causes and normative crux, which is the ambiguity of regulations of teachers’ disciplinary right in terms of the pre-existing law and the unclear positioning of the jus-tification of teachers’ disciplinary behaviors in terms of the criminal law. Therefore, it is necessary to carry out a dual clarification of the chaotic parts of the two laws and determine the corresponding guiding principles, and test them one by one through the hierarchical theory of crime to make the path of exculpation clear. At the level of constituent elements, the exculpation is achieved through the normative judgment of the constituent elements;At the level of illegality, the exculpation is achieved by virtue of substantive considerations of reasons such as le-gal acts, legitimate defense, and victims’ commitments;At the level of accountability, the exculpation is achieved through the value screening of the culpability paradigm. We should reverse the trend of overcrim-inalization of teachers’ disciplinary behaviors by clearing the way of exculpation.展开更多
This paper analyses the justification of paralepsis adopted by Sherwood Anderson,a great American novelist,in his short story Death in the Woods.By using the changing the perspective,typical Anderson’s theme"gro...This paper analyses the justification of paralepsis adopted by Sherwood Anderson,a great American novelist,in his short story Death in the Woods.By using the changing the perspective,typical Anderson’s theme"grotesque"is enhanced.展开更多
In the plethora of conceptual and algorithmic developments supporting data analytics and system modeling,humancentric pursuits assume a particular position owing to ways they emphasize and realize interaction between ...In the plethora of conceptual and algorithmic developments supporting data analytics and system modeling,humancentric pursuits assume a particular position owing to ways they emphasize and realize interaction between users and the data.We advocate that the level of abstraction,which can be flexibly adjusted,is conveniently realized through Granular Computing.Granular Computing is concerned with the development and processing information granules–formal entities which facilitate a way of organizing knowledge about the available data and relationships existing there.This study identifies the principles of Granular Computing,shows how information granules are constructed and subsequently used in describing relationships present among the data.展开更多
When important social rights and interests of any citizens cannot be protected by public power in time,they can adopt extreme means to protect personal interests from infringement by criminal act.However,in judicial p...When important social rights and interests of any citizens cannot be protected by public power in time,they can adopt extreme means to protect personal interests from infringement by criminal act.However,in judicial practice,some defensive behavior maintaining personal legal rights and interests,even some brave acts for a just cause,are deemed to be over defense or intentional crime.Looking at the actual situation of judicial practice in China,the number of cases identified as justifiable defense is even less.In the face of such judicial dilemma,scientific judicial concept shall be established in the judicial practice so as to accurately explain and apply to the provisions of laws and judicial interpretations related to justifiable defense.Through formation of authoritative cases,interpret the constitution conditions of justifiable defense,form binding judicial rules and strictly distinguish between justifiable defense,excessive defense and intentional crime so as to restrain subsequent similar cases.展开更多
Any satisfactory moral theory needs to address the issue of moral motivation,"Why should a person have morality?"Breaking away from Hume’s theory of emotional motivation, Scanlon’s moral contractualism adv...Any satisfactory moral theory needs to address the issue of moral motivation,"Why should a person have morality?"Breaking away from Hume’s theory of emotional motivation, Scanlon’s moral contractualism advocates a Kantian theory of rational motivation. Meanwhile, he abandons the Kantian view of formal rationality, and substitutes a substantive view of reason. On this basis, the moral reasoning of contractualism integrates the following factors, thereby offering an innovative answer to the above mentioned question: People want to get on well with others, so behaviors need to have an element of justifiability. This justifiability requirement arises from both our value systems and the requirement for reciprocal recognition. The moral justification of behavior is something we cannot reasonably reject. This kind of moral justification is of enormous importance and high priority.展开更多
Traditional buildings, particularly residential dwellings, are spatio-temporal reflections of the society and culture in which they were originally sited. Understanding the nature of this built heritage thus fosters i...Traditional buildings, particularly residential dwellings, are spatio-temporal reflections of the society and culture in which they were originally sited. Understanding the nature of this built heritage thus fosters interpretation of previous generations’ experiences in these older settlements, all of which can thus be described as products of several different cultural dimensions. Qassim province, which sits in the central province of the Kingdom of Saudi Arabia, is distinguished by having retained various traditional towns and villages, including multiple dwellings representing important eras in the past. However, due to the local population’s abandonment of these traditional towns and movement to new urban areas, and related failures in conservation and restoration, some of these towns have lost many of their unique characteristics, especially with regard to their dwellings. This research thus attempts to interpret the relationships between the spatial configuration of traditional dwellings in Saudi Arabia and their socio-cultural principles and values, focusing on decoding their interior spatial constants and genotypes. The study proposes the use of space syntax theory, represented by the justified plan graph method, as an appropriate socio-spatial methodology for such work, targeting the traditional town of Riyadh Al-Khabra in Qassim province as a case study area, with eight dwellings built between 1900 and 1940 used as examples. Interpretation of analysis results enabled defining spatial constants digitally in these traditional dwellings through the benefit of syntactic analysis techniques, and the main findings of this research reveal the significance of various social and cultural factors and customs among inhabitants with regard to determining the spatial form and properties of traditional dwellings in towns such as Riyadh Al-Khabra.展开更多
Two years ago, Dongguan started to implement ma-chine account mechanism for processing trade as thecountry’s experimental municipality. The machine ac-count mechanism was overall carried out in the province onJuly 1,...Two years ago, Dongguan started to implement ma-chine account mechanism for processing trade as thecountry’s experimental municipality. The machine ac-count mechanism was overall carried out in the province onJuly 1, 1996. Has processing trade been influenced underthe new policy? What about the actual operation of machineaccount mechanism?According to statistics of each municipal foreign tradeand economy comission, from the end of November of 1995to the end of October of 1997, the provice approved a totalof 250,000 processing trade contracts worth $ 157.93 bil-lion. According to statistics of the provincial Bank of China,183,733 contracts and $ 115.6 billion were put on recordduring the period, with 96,174 contracts canceled after veri-展开更多
In terms of the theory of the three hierarchies of distribution in economics,private law can be seen as embodying a 2.5th distribution.Primary distribution confers equal objective rights on all private agents,who acqu...In terms of the theory of the three hierarchies of distribution in economics,private law can be seen as embodying a 2.5th distribution.Primary distribution confers equal objective rights on all private agents,who acquire subjective rights through de facto and de jure acts.The legal environment should be conducive to unleashing the energy and creativity of agents,supporting entrepreneurs,safeguarding competitive neutrality and promoting the mobility of factors of production in order to consolidate the material foundation of common prosperity.Redistribution changes the rules of primary distribution and is an inherent and rightful function of private law.By equalizing the strengths and weaknesses of the interactions of private agents,redistribution is better able to promote self-determination and defend human dignity than public law.Moreover,it enables private law to achieve the national goals of enhancing social welfare and reducing confrontation in the operation of power.Private law lies between redistribution and tertiary distribution,occupying the 2.5th distribution.Its most typical expression is"interference liability,"i.e.,justified harm inflicted in cases of necessity(Aufopferungshaftung).This includes the expansion of the social liability of profitmaking legal persons,the expansion of tort liability,and the limitation of the return of benefits.Private law enables distributive justice to serve as a common basis for the various hierarchies of distribution,incorporating the different values of private law and weighting them differently depending on the circumstances.Distributive justice can also help to transform all private law rules into laws of nature,thus highlighting the neutrality of private law.展开更多
Andrea Palladio’s Renaissance villas are amongst the most famous and widely studied examples of domestic architecture ever produced.The majority of past research about Palladio’s architecture employed historical,mat...Andrea Palladio’s Renaissance villas are amongst the most famous and widely studied examples of domestic architecture ever produced.The majority of past research about Palladio’s architecture employed historical,mathematical and computational methods to analyse their complex proportional systems and rules.In contrast,this paper examines three of Palladio’s arguments about his villas plans which relate to their spatial properties and topological connections.Specifically,this paper uses a computational method e the justified plan graph(JPG)e to test two arguments about the location and significance of the primary salon on the plan,and a third about the extent to which the rooms in Palladio’s plans are,as he claims,flexible enough to contain alternative functions.Using ten of Palladio’s piano nobile(main floor)plans from I Quattro Libri Dell’Architettura as cases,this paper develops mathematical data to test three hypotheses framed around Palladio’s plans and theories.展开更多
Cleft lip and palate(CLP)is the most common craniofacial congenital deformity.The etiology of CLP is multifactorial and involves complex interactions between environmental and genetic factors.Millard’s rotation-advan...Cleft lip and palate(CLP)is the most common craniofacial congenital deformity.The etiology of CLP is multifactorial and involves complex interactions between environmental and genetic factors.Millard’s rotation-advancement technique has long been considered as state-of-the-art for unilateral cleft lip repair.However,this method may leave the christa philtri on the cleft side insufficiently downward rotated,especially in wide complete clefts.In this study,we introduce a modified technique to better rotate the christa philtri on the cleft side down.The skin,muscle,and mucosa in the deformed region were dissected and separately maneuvered.Sixty patients with unilateral complete cleft lip and palate were operated with this technique.The lip height,lip length,and relative height of the christa philtri were measured for symmetry evaluation.No significant difference was observed between the relative height of the christa philtri on both sides,either immediate(P=0.214)or 10 months after surgery(P=0.344).The difference observed in the lip height and lip length immediately after surgery became statistically insignificant after 10 months(P=0.104 for lip height and 0.121 for lip length).These results suggested that sufficient and stable downward rotation of the christa philtri on the cleft side can be achieved using our technique.展开更多
Online live streaming is big business nowadays,raking in huge profits and attracting hundreds of millions of viewers.In addition to adults,this flourishing sector is now drawing underage live streamers.
China saw its third fuel price hike this year when the National Development and Reform Commission, China’s top price regulator, hiked gasoline and diesel retail prices up by 9 percent, effective on June 30. It is the...China saw its third fuel price hike this year when the National Development and Reform Commission, China’s top price regulator, hiked gasoline and diesel retail prices up by 9 percent, effective on June 30. It is the second rally in a month after the country initiated a new fuel pricing scheme in May.展开更多
杨君是一位女大学生。她在给我们发来的此文时表示了她的“不平”:印度女同胞们似乎“太软弱,太不可理解”!同时,她也承认,这也许应该从性文化,或婚姻文化的视角去观察,去理解。杨君非常幽默地写道,希望此文不要成了男同胞们wife-beatin...杨君是一位女大学生。她在给我们发来的此文时表示了她的“不平”:印度女同胞们似乎“太软弱,太不可理解”!同时,她也承认,这也许应该从性文化,或婚姻文化的视角去观察,去理解。杨君非常幽默地写道,希望此文不要成了男同胞们wife-beating的一个藉口:你看,人家印度妇女! 印度妇女中有相当一部分竟然认为以下五点理由为wife-beating之可接受理由: 1/neglecting the house or children 2/going out without informing their husbands 3/showing disrespect to in-laws 4/suspicion of infidelity 5/inadequate dowry(嫁妆)6/improper cooking 读者朋友,你感到吃惊吗?】展开更多
基金the result of “Research on the Response and Development of Criminal Law Doctrine under the Impact of Legislation for Preventive Criminalization” (22AFX008)a key project of the National Social Science Foundation of China, and “Research on the Whole Life Cycle Criminal Law Protec-tion of Personal Information Rights and Interests in the Digital Age” (2023EFX010)a project under Shanghai Philosophy and Social Science Planning for young researchers。
文摘The right to education is an important part of basic human rights. To transform from a designed vision to a reality in practice, teachers’ right to discipline, as a component of the right to education, needs tangible support from the criminal law. The criminal law cannot be absent from promoting the rule of law in education. However, in practice, teachers’ disciplinary behaviors are often ex-cessively criminalized, leading to problems such as over-expanding punishment and harming the innocent and even the malaise that en-danger substantive justice such as the tarnishing of teachers’ disci-plinary right and the imbalance of teachers’ disciplinary behaviors. Such overcriminalization has its social causes and normative crux, which is the ambiguity of regulations of teachers’ disciplinary right in terms of the pre-existing law and the unclear positioning of the jus-tification of teachers’ disciplinary behaviors in terms of the criminal law. Therefore, it is necessary to carry out a dual clarification of the chaotic parts of the two laws and determine the corresponding guiding principles, and test them one by one through the hierarchical theory of crime to make the path of exculpation clear. At the level of constituent elements, the exculpation is achieved through the normative judgment of the constituent elements;At the level of illegality, the exculpation is achieved by virtue of substantive considerations of reasons such as le-gal acts, legitimate defense, and victims’ commitments;At the level of accountability, the exculpation is achieved through the value screening of the culpability paradigm. We should reverse the trend of overcrim-inalization of teachers’ disciplinary behaviors by clearing the way of exculpation.
文摘This paper analyses the justification of paralepsis adopted by Sherwood Anderson,a great American novelist,in his short story Death in the Woods.By using the changing the perspective,typical Anderson’s theme"grotesque"is enhanced.
文摘In the plethora of conceptual and algorithmic developments supporting data analytics and system modeling,humancentric pursuits assume a particular position owing to ways they emphasize and realize interaction between users and the data.We advocate that the level of abstraction,which can be flexibly adjusted,is conveniently realized through Granular Computing.Granular Computing is concerned with the development and processing information granules–formal entities which facilitate a way of organizing knowledge about the available data and relationships existing there.This study identifies the principles of Granular Computing,shows how information granules are constructed and subsequently used in describing relationships present among the data.
文摘When important social rights and interests of any citizens cannot be protected by public power in time,they can adopt extreme means to protect personal interests from infringement by criminal act.However,in judicial practice,some defensive behavior maintaining personal legal rights and interests,even some brave acts for a just cause,are deemed to be over defense or intentional crime.Looking at the actual situation of judicial practice in China,the number of cases identified as justifiable defense is even less.In the face of such judicial dilemma,scientific judicial concept shall be established in the judicial practice so as to accurately explain and apply to the provisions of laws and judicial interpretations related to justifiable defense.Through formation of authoritative cases,interpret the constitution conditions of justifiable defense,form binding judicial rules and strictly distinguish between justifiable defense,excessive defense and intentional crime so as to restrain subsequent similar cases.
基金Ministry of Education’s Humanities & Social Sciences Research Youth Fund Project:On “Moral Normativity” from the Perspective of“Contract Theory”(11YJC720005)Guangdong Outstanding Young Innovative Talents Training Plan Project:Possible Approaches to Constructing Morals with Contructualism:Study of Scanlon’s Ethics Thought(wym11047)National Social Sciences Fund’s West China Project:Research on the Dynamic Mechanism of Moral Practices(14ZXX019)
文摘Any satisfactory moral theory needs to address the issue of moral motivation,"Why should a person have morality?"Breaking away from Hume’s theory of emotional motivation, Scanlon’s moral contractualism advocates a Kantian theory of rational motivation. Meanwhile, he abandons the Kantian view of formal rationality, and substitutes a substantive view of reason. On this basis, the moral reasoning of contractualism integrates the following factors, thereby offering an innovative answer to the above mentioned question: People want to get on well with others, so behaviors need to have an element of justifiability. This justifiability requirement arises from both our value systems and the requirement for reciprocal recognition. The moral justification of behavior is something we cannot reasonably reject. This kind of moral justification is of enormous importance and high priority.
文摘Traditional buildings, particularly residential dwellings, are spatio-temporal reflections of the society and culture in which they were originally sited. Understanding the nature of this built heritage thus fosters interpretation of previous generations’ experiences in these older settlements, all of which can thus be described as products of several different cultural dimensions. Qassim province, which sits in the central province of the Kingdom of Saudi Arabia, is distinguished by having retained various traditional towns and villages, including multiple dwellings representing important eras in the past. However, due to the local population’s abandonment of these traditional towns and movement to new urban areas, and related failures in conservation and restoration, some of these towns have lost many of their unique characteristics, especially with regard to their dwellings. This research thus attempts to interpret the relationships between the spatial configuration of traditional dwellings in Saudi Arabia and their socio-cultural principles and values, focusing on decoding their interior spatial constants and genotypes. The study proposes the use of space syntax theory, represented by the justified plan graph method, as an appropriate socio-spatial methodology for such work, targeting the traditional town of Riyadh Al-Khabra in Qassim province as a case study area, with eight dwellings built between 1900 and 1940 used as examples. Interpretation of analysis results enabled defining spatial constants digitally in these traditional dwellings through the benefit of syntactic analysis techniques, and the main findings of this research reveal the significance of various social and cultural factors and customs among inhabitants with regard to determining the spatial form and properties of traditional dwellings in towns such as Riyadh Al-Khabra.
文摘Two years ago, Dongguan started to implement ma-chine account mechanism for processing trade as thecountry’s experimental municipality. The machine ac-count mechanism was overall carried out in the province onJuly 1, 1996. Has processing trade been influenced underthe new policy? What about the actual operation of machineaccount mechanism?According to statistics of each municipal foreign tradeand economy comission, from the end of November of 1995to the end of October of 1997, the provice approved a totalof 250,000 processing trade contracts worth $ 157.93 bil-lion. According to statistics of the provincial Bank of China,183,733 contracts and $ 115.6 billion were put on recordduring the period, with 96,174 contracts canceled after veri-
文摘In terms of the theory of the three hierarchies of distribution in economics,private law can be seen as embodying a 2.5th distribution.Primary distribution confers equal objective rights on all private agents,who acquire subjective rights through de facto and de jure acts.The legal environment should be conducive to unleashing the energy and creativity of agents,supporting entrepreneurs,safeguarding competitive neutrality and promoting the mobility of factors of production in order to consolidate the material foundation of common prosperity.Redistribution changes the rules of primary distribution and is an inherent and rightful function of private law.By equalizing the strengths and weaknesses of the interactions of private agents,redistribution is better able to promote self-determination and defend human dignity than public law.Moreover,it enables private law to achieve the national goals of enhancing social welfare and reducing confrontation in the operation of power.Private law lies between redistribution and tertiary distribution,occupying the 2.5th distribution.Its most typical expression is"interference liability,"i.e.,justified harm inflicted in cases of necessity(Aufopferungshaftung).This includes the expansion of the social liability of profitmaking legal persons,the expansion of tort liability,and the limitation of the return of benefits.Private law enables distributive justice to serve as a common basis for the various hierarchies of distribution,incorporating the different values of private law and weighting them differently depending on the circumstances.Distributive justice can also help to transform all private law rules into laws of nature,thus highlighting the neutrality of private law.
基金Financial support for this research was provided by UNSW Scientia Program.
文摘Andrea Palladio’s Renaissance villas are amongst the most famous and widely studied examples of domestic architecture ever produced.The majority of past research about Palladio’s architecture employed historical,mathematical and computational methods to analyse their complex proportional systems and rules.In contrast,this paper examines three of Palladio’s arguments about his villas plans which relate to their spatial properties and topological connections.Specifically,this paper uses a computational method e the justified plan graph(JPG)e to test two arguments about the location and significance of the primary salon on the plan,and a third about the extent to which the rooms in Palladio’s plans are,as he claims,flexible enough to contain alternative functions.Using ten of Palladio’s piano nobile(main floor)plans from I Quattro Libri Dell’Architettura as cases,this paper develops mathematical data to test three hypotheses framed around Palladio’s plans and theories.
文摘Cleft lip and palate(CLP)is the most common craniofacial congenital deformity.The etiology of CLP is multifactorial and involves complex interactions between environmental and genetic factors.Millard’s rotation-advancement technique has long been considered as state-of-the-art for unilateral cleft lip repair.However,this method may leave the christa philtri on the cleft side insufficiently downward rotated,especially in wide complete clefts.In this study,we introduce a modified technique to better rotate the christa philtri on the cleft side down.The skin,muscle,and mucosa in the deformed region were dissected and separately maneuvered.Sixty patients with unilateral complete cleft lip and palate were operated with this technique.The lip height,lip length,and relative height of the christa philtri were measured for symmetry evaluation.No significant difference was observed between the relative height of the christa philtri on both sides,either immediate(P=0.214)or 10 months after surgery(P=0.344).The difference observed in the lip height and lip length immediately after surgery became statistically insignificant after 10 months(P=0.104 for lip height and 0.121 for lip length).These results suggested that sufficient and stable downward rotation of the christa philtri on the cleft side can be achieved using our technique.
文摘Online live streaming is big business nowadays,raking in huge profits and attracting hundreds of millions of viewers.In addition to adults,this flourishing sector is now drawing underage live streamers.
文摘China saw its third fuel price hike this year when the National Development and Reform Commission, China’s top price regulator, hiked gasoline and diesel retail prices up by 9 percent, effective on June 30. It is the second rally in a month after the country initiated a new fuel pricing scheme in May.
文摘杨君是一位女大学生。她在给我们发来的此文时表示了她的“不平”:印度女同胞们似乎“太软弱,太不可理解”!同时,她也承认,这也许应该从性文化,或婚姻文化的视角去观察,去理解。杨君非常幽默地写道,希望此文不要成了男同胞们wife-beating的一个藉口:你看,人家印度妇女! 印度妇女中有相当一部分竟然认为以下五点理由为wife-beating之可接受理由: 1/neglecting the house or children 2/going out without informing their husbands 3/showing disrespect to in-laws 4/suspicion of infidelity 5/inadequate dowry(嫁妆)6/improper cooking 读者朋友,你感到吃惊吗?】