民事裁判错误问题研究——以法律救济为视角

民事裁判错误作为民事诉讼过程中不可避免的客观存在,对其进行相应的法律救济应是一个亟需关注的论题。而我国现行民事诉讼法关于民事裁判错误的界定以及相应的救济程序的设置都存在着问题。因此,在现代司法理念下有必要将民事诉讼立法的指导思想重新定位,由"实事求是,有错必纠"转变为"依法纠错",在"依法纠错"的指导理念下建立健全民事诉讼法规,界定民事裁判错误的范围,设置合理的法律救济程序。     

Effect of aggregation on the estimation of trend in mortality

There are three approaches to analyzing and forecasting age‐specific mortality: (1) analyze age‐specific data directly, (2) analyze each cause‐specific mortality series separately and add the results, (3) analyze cause‐specific mortality series jointly and add the results. We show that if linear models are used for cause‐specific mortality, then the three approaches often give close results even when cause‐specific series are correlated. This result holds for cross‐correlations arising from random misclassification of deaths by cause, and also for certain patterns of systematic misclassification. It need not hold, if one or more causes serve as “leading indicators”; for the remaining causes, or if outside information is incorporated into forecasting either through expert judgment or formal statistical modeling. Under highly nonlinear models or in the presence of modeling error the result may also fail. The results are illustrated with U.S. age‐specific mortality data from 1968–1985. In some cases the aggregate forecasts appear to be the more credible ones.     

人际间影响敏感性对中国消费者独特性需求的作用机制研究

以本土消费者为样本,采用实证研究方法就消费者的人际间影响敏感性与独特性需求之间的作用关系进行了分析。通过分析发现,从总体来看本土消费者对人际间影响所持有的敏感性对独特性需求产生了促进作用,这种因果关系在一定程度上解释了中国消费者在消费过程中所体现出的从众、攀比、好面子等独特现象的产生机理。     

The Collapsing Choice Theory: Dissociating Choice and Judgment in Decision Making

Decision making theory in general, and mental models in particular, associate judgment and choice. Decision choice follows probability estimates and errors in choice derive mainly from errors in judgment. In the studies reported here we use the Monty Hall dilemma to illustrate that judgment and choice do not always go together, and that such a dissociation can lead to better decision-making. Specifically, we demonstrate that in certain decision problems, exceeding working memory limitations can actually improve decision choice. We show across four experiments that increasing the number of choice alternatives forces people to collapse choices together, resulting in better decision-making. While choice performance improves, probability judgments do not change, thus demonstrating an important dissociation between choice and probability judgments. We propose the Collapsing Choice Theory (CCT) which explains how working memory capacity, probability estimation, choice alternatives, judgment, and regret all interact and effect decision quality.      

Normative Beliefs as Risk Factors for Involvement in Unhealthy Weight Control Behavior

Objective: The authors' aim in this study was to determine, after adjustment for the effects of body mass index and sociodemographic measures, whether sex-specific weight control norms would have significant independent relationships with the weight control behavior of college women and men. Participants: The authors used an anonymous questionnaire to assess a sample of 470 college students, aged 18 to 26 years, attending either a 2- year community college or a 4-year public university. Methods: To calculate body mass index, the authors objectively measured the height and weight of each participant. They conducted separate discriminant function analyses for women and men. Results: The discriminant function analyses clearly indicated that weight control norms of same-sex, close friends were the best discriminators of involvement in weight control. Conclusions: The findings indicate that perceived peer norms may be important but overlooked risk factors for engaging in unhealthy weight control practices. The authors discuss the implications of these findings in the context of student health promotion.     

Ranked set sampling with concomitant variables

Ranked set sampling is a procedure which may be used to improve the precision of the estimator of the mean. It is useful in cases where the variable of interest is much more difficult to measure than to order. However, even if ordering is difficult, but there is an easily ranked concomitant variable available, then it may be used to “judgment order” the original variable. The amount of increase in the precision of the estimator is dependent upon the correlation between the 2 variables.     

Structuration d’un champ d’action publique : l’intervention publique sur les copropriétés dégradées

This article focuses on the social construction of the problem, which emerged in France during the 1980s, of dilapidated condominium apartment buildings and on the public policy instruments that have been used. A sociology of organized action serves to analyze this twofold process, which has resulted from the formation of networks of persons unfamiliar with the legal aspects of condominium ownership. Linking the periphery to the center, these networks have crystallized around norms ensuing from housing policy. The concept of “field” in the Weberian sense explains this crystallization, and also applies to the symmetrical process of conserving civil law on joint ownership. Parties attached to this normative system denied the problem of dilapidated condominiums, when it was presented to them. By pursuing a social activity based on applying and producing rules, individuals in the networks related to housing policy and persons concerned by condominium ownership contributed to maintaining and, too, revitalizing rules and norms.     

《资本论》方法论与西方经济学方法论的比较

从哲学基础、西方经济学方法论的演变过程、科学抽象法与现象抽象法、资本主义生产方式的批判学说与辩护学说四个方面阐述了《资本论》方法论与西方经济学方法论的不同；又从都注重实证分析法与规范分析法的结合和在制度分析方法上也有交叉阐述了两者的共同点。     

Challenges to the Acceptance of Probabilistic Risk Analysis

This paper discusses a number of the key challenges to the acceptance and application of probabilistic risk analysis (PRA). Those challenges include: (a) the extensive reliance on subjective judgment in PRA, requiring the development of guidance for the use of PRA in risk-informed regulation, and possibly the development of robust or reference prior distributions to minimize the reliance on judgment; and (b) the treatment of human performance in PRA, including not only human error per se but also management and organizational factors more broadly. All of these areas are seen as presenting interesting research challenges at the interface between engineering and other disciplines.     

创新:诗歌创作的价值体现——对赵翼诗歌理论的另一种诠释

赵翼是清代乾嘉时期著名的历史学家、诗人、诗论家,其是否与袁枚、蒋士铨共倡“性灵说”,笔者对此并无疑义。但赵翼又与袁、蒋合而不同,其不同处在于赵翼以史家身份,遵从发展的历史唯物史观,积极倡导诗歌求变、创新的精神,追求和探讨诗歌内容和形式的创新途径与方法,真正把“创新”作为诗歌审美价值的评判标准,因而赵翼在有意提倡诗歌“创新说”,而把诗写“性灵”纳入其诗歌创新的运营轨道。本文重点梳理了其诗论与袁、蒋的不同,详细诠释了其诗歌“创新说”的内容。