Considerations for Restriction on the Right of Rescission in Case of Obviously Minor Breaches

Whether,and how,to rescind the right of one party(the non-breaching party)to rescind a contract in case of an obviously minor breach by the other party(the breaching party)is a recurring topic in the field of contract law.The Minutes of the Ninth Work Conference of the Courts Nationwide on Civil and Commercial Trial(the Minutes of the Ninth Work Conference)stipulates that whether a contract shall be rescinded depends on whether a breach is obviously minor and affects the fulfillment of the contract purposes expected by the non-breaching party.In juridical practice,however,there are no clear criteria to define what constitutes obviously minor breaches,and the factors considered in such cases are often inadequate to allow for a fully considered decision.By analyzing Article 55 of the Judicial Interpretation of the General Provisions of Contracts of the Civil Code of the People’s Republic of China(Draft for Comments)and reviewing the previous juridical practices,we present our conclusions regarding the conditions and factors that should be considered when restricting the right of rescission in cases of obviously minor breaches with a view to unifying the judicial judgment criteria by differentiating the type of breaches.

The influence of the development of intelligent ships on the international maritime conventions

On the 2017 World Transportation Conference held recently, the experts are almost invariably put the chips of “future traffic” on “unmanned shipping”. To the shipping industry, “artificial intelligence + ship” has also been given great hope. Intelligent ships and unmanned shipping is the development trend of the shipping industry. Obviously, this trend will promote the international maritime conventions to adjust accordingly.

College English teaching aided by multi-media

College English listening teaching plays an essential role in college English teaching. Although traditional listening teaching is quite helpful in improving listening, its disadvantages in teaching are obvious. With the development of the multi-media, more and more disadvantages are popping up in the radio-oriented language lab teaching. College English listening teaching is a must since it can arouse students＇ interest in learning English and also a great improvement in English teaching.

tying law和law of obviousness法律术语译名解析

tying和obviousness是知识产权领域非常常用和重要的概念 ,然而 ,我国的法律英汉词典及知识产权词典几乎未涉及这两个英文术语 ,对中文译名的研究也不深入 ,结果理解不透彻及不准确 ,出现不可译现象。本文在解析其内涵的基础上 ,探讨中文译法 。

PetroChina's Obvious Progress in E&P

In 2002, PetroChina have made obvious progress since it began to carry forward integrated exploration and development, in the first half year, exploration and development have gained a series of achievements through optimizing deployment,deepening geological research, strengthening technological innovation, organizing elaborately and arranging carefully.

A New Model of Ferroelectric Phase Transition with Neglectable Tunneling Effect

Due to the obvious deviations of the existing theoretical models from the experimental results of ferroelectric phase transition, a new model is proposed on the basis of the coupling between spontaneous polarization and spontaneous strain in ferroelectrics. The spontaneous polarization and specific heat of ferroelectric phase transition predicted by the model are in better agreement with the corresponding data of triglyceride sulfate, a typical ferroelectric.In addition, the model predicts a new type of ferroelectric in which a phase transition and a phase-like transition coexist.

Short-Term Mindfulness Intervention on Adolescents’ Negative Emotion under Global Pandemic

Objective:In this research,we tried to explore how short-term mindfulness(STM)intervention affects adoles-cents’anxiety,depression,and negative and positive emotion during the COVID-19 pandemic.Design:10 classes were divided into experiment groups(5 classes;n=238)and control(5 classes;n=244)randomly.Hospital Anxi-ety and Depression Scale(HADS)and Positive and Negative Affect Schedule(PANAS)were used to measure par-ticipants’dependent variables.In the experiment group,we conducted STM practice interventions every morning in theirfirst class from March to November 2020.No interventions were conducted in the control group.Methods:Paired-sample t-tests were used to identify if a significant difference exists between every time point of the experimental and control groups.Repeated ANOVA and Growth Mixture Model(GMM)were used to analyze the tendency of positive and negative emotions,anxiety,and depression in the experimental group.Results and Conclusions:(1)With the intervention of STM,there was a significant decrease in negative emotions and an increase in positive emotions in the experimental group,whereas there were non-significant differences in the control group.(2)To explore the heterogeneity trajectories of dependent variables,we built a GMM and found there were two latent growth classes in the trajectories.(3)The results of the models showed their trajec-tories were downward,which meant that the levels of anxiety,depression,and negative emotions of participants decreased during the STM training period.Nonetheless,the score of positive affect showed upward in three loops of intervention,which indicated that the level of the participants’positive affect increased through the STM inter-vention.(4)This research indicated that STM should be given increasing consideration to enhance mental health during the worldwide outbreak of COVID-19.

Non-specific Arm Pain

Non-specific arm pain is a special clinical condition that can occur in work-related activities that involve maintaining a static position for prolonged periods or repetitive and frequent movements of the hand or entire arm. Such activities include typing on a keyboard, maneuvering a computer mouse, playing musical instruments （such as piano and guitar） and many forms of manual labor. The pain is dull and diffuse; It is localized in the forearm or in the hand but quickly can expand to the entire extremity. Non-specific arm pain is the most frequent type of work-related pain after lower-back pain. It thus has important socio-economic significance as a major cause of absence from work. The designation of ＂non-specific＂ originates from the fact that it has no obvious signs of tissue damage, unlike the ＂specific＂ pain accompanying carpal tunnel syndrome, tenosinovitis de Quervain, or lateral epicondylitis. Suggested causes of the pain include microtrauma of soft tissue followed by an inflammatory reaction, ischemia, fatigue, hyper-sensitization of nociceptors, focal dystonia of the hand and/or psychological stress. Treatment consists of application of NSAIDs, physical modalities, stretching and aerobic exercises. Prevention focuses on ergonomic modification during manual labor or work on a computer.

tying law和law of obviousness法律术语译名解析

笔者创办的法律语言学研究网站(englishresearch.8u8.com)的留言版上有网友询问笔者,说在翻译一篇关于知识产权的文章时碰到了两个词不懂,词典上也查不到,该如何译为中文。这两个词即标题中所提到的tying law和law ofobviousness。笔者首先查阅了手头的国内外版法律英语词典及一本国内版知识产权词典,确实查不到。