我国《民法典》中优良家风条款的规范效力

优良家风进入民法典，可有效化解婚姻家庭法独特的社会化要求与其并入民法典后的社会化相对不足之间的矛盾。优良家风条款通过导入家庭在身份法上的主体地位、明确家庭关系中行为正当性判断的公共秩序范围与来源，以及制衡婚姻家庭法的财产法化倾向，可有效反映婚姻家庭法的伦理性。优良家风条款的效力构成包含了旨在规制家庭权力、社会权力与国家权力的组织规范效力，以及推动道德教化的倡导性规范效力，但其核心是引导司法过程的行为规范与裁判规范效力。在具体适用上，应着重实现优良家风在处理监护人“失管失教”与家庭成员造成外部损害之间的关联性证明、在合理维护家庭稳定与个人自由之间的平衡，在限制假借身份行为谋取不当财产利益行为的功利性效力，以及在创设基于优良家风的独立法益等方面的规范功能。     

Water and the History of China*

Water is the source of all life, and is closely related to human civilization. It had a special significance in China, so the ancient Chinese created the dragon god as a symbol of China, the Chinese and Chinese civilization. It can be said that the unique hydrological conditions on the territory of China created three great historical miracles: China, the Chinese people, and Chinese civilization. The Chinese have dedicated more effort than people in any other countries to water control and water use in order to make effective use of water resources and prevent flooding. It is their unparalleled achievements that have laid the foundation for these three miracles. Today, the Chinese people are facing unprecedented challenges in water control and water use. Exploring the historical Chinese relationship with water offers a good opportunity to understand the important role that water plays in long-term social development.     

Female fertility history and mid-late-life health: Findings from China

China’s middle-aged and older women suffer from poorer health than men. Using national baseline data from the China Health and Retirement Longitudinal Study (CHARLS), a survey conducted from 2011 to 2012, this article applies logistic models to investigate the association between female fertility history (parity, early childbearing, late childbearing) and middle-aged and late-life health. We find that parity is related to the mid-late-life health of women. Women with four children or more are more likely to suffer from activities of daily living (ADL) impairment and poorer self-rated health than those with one to three children. Early childbearing is associated with ADL impairment; however, the correlation is mediated by socioeconomic status. Early childbearing is related to self-rated health in later life by an indirect-only mediation effect via educational attainment and personal income.     

承揽合同之工作物受领问题——以中国台湾地区为视角

承揽工作物的受领,在中国台湾地区由于"民法"没有认为是定作人的义务,在"政府采购法"上虽然有规定,却因为契约约定将受领与验收画同等号,常有定作人迟迟不办理验收情况.又欠缺德国民法及VOB/B第12条第2项,承揽人得请求定作人就部分完成之工作,分别受领之约定,使承揽人暴置于现金流量不足的风险.从比较法的角度,讨论德国、瑞士及FIDIC新红皮书之规定,作为解决困境之参考.     

Vocational Status,Hukou and Housing Migrants in the New Century: Evidence from a Multi-city Study of Housing Inequality

In the 1960s and 1970s, the countries of Central and Eastern Europe and the Soviet Union experienced an unanticipated stagnation in the process of mortality reduction that was accelerating in the west. This was followed by even starker fluctuations and overall declines in life expectancy during the 1980s and 1990s. We identify statistically the extent to which, since the 1990s, the countries of the post-communist region have converged as a group towards other regional or cross-regional geopolitical blocks, or whether there are now multiple steady-states (‘convergence clubs’) emerging among these countries. We apply a complex convergence club methodology, including a recursive analysis, to data on 30 OECD countries (including 11 post-communist countries) drawn from the Human Mortality Database and spanning the period 1959–2010. We find that, rather than converging uniformly on western life expectancy levels, the post-communist countries have diverged into multiple clubs, with the lowest seemingly stuck in low-level equilibria, while the best performers (e.g. Czech Republic) show signs of catching-up with the leading OECD countries. As the post-communist period has progressed, the group of transition countries themselves has become more heterogeneous and it is noticeable that distinctive gender and age patterns have emerged. We are the first to employ an empirical convergence club methodology to help understand the complex long-run patterns of life expectancy within the post-communist region, one of very few papers to situate such an analysis in the context of the OECD countries, and one of relatively few to interpret the dynamics over the long-term.     

Determining species specific nightly bat activity in sites with varying urban intensity

Time of peak bat activity during the night differs among bat species due to temperature, prey availability, habitat availability, and/or interactions between species. Habitat availability is altered in urban areas, which may affect insect prey availability and interspecies interactions. Our objectives were to use mobile acoustic monitoring to determine when bat species were active in a single night in urban and nonurban sites and if nightly bat activity patterns differed in urban versus nonurban sites. Bat echolocation call sequences were recorded using Anabat acoustic detectors while driving transects through the night at five sites (three “urban” and two “nonurban”) located in the Piedmont region of north-central North Carolina from May through August 2016. Transects were driven three times per night starting 45 min, 180 min, and 300 min after sunset. Recorded echolocation call sequences were analyzed manually using AnalookW and automatically using Bat Call Identification and Echoclass software. Total bat activity was not different between urban and nonurban sites. However, total bat activity was lower later in the night in urban sites, but stayed the same in nonurban sites. Species specifically, there were more Eptesicus fuscus, Lasionycteris noctivagans, and Tadarida brasiliensis call sequences and fewer Lasiurus borealis, Nycticeius humeralis, and Perimyotis subflavus call sequences in urban sites than nonurban sites. There were also fewer E. fuscus, L. noctivagans, and N. humeralis call sequences later in the night in both urban and nonurban sites. Only Lasiurus borealis activity in urban sites later in the night reduced and L. borealis activity in nonurban sites remained at the same. These results suggest that bats in urban areas partition time differently, which is important to consider for urban conservation efforts and planning.     

A population sample registry for public health survey investigations: methods,lessons, and successes

Public health relies on sample surveys to monitor the health of populations and investigate factors that contribute to population health and illness. Such investigations require surveying individuals who are selected in ways that support statistical inference to the population. Faced with rising costs and declining participation, survey researchers are exploring economical ways to recruit samples that validly represent larger populations. The current report describes an innovative resource, the Colorado Adult Population Sample–Survey Research Registry, which maintains survey access to respondents from a probability-based state health survey. We describe recruitment and retention strategies, explore representativeness, report several studies that used the registry, and discuss future directions.     

Cox regression of clustered event times with covariates missing not at random

Motivated by a recent tuberculosis (TB) study, this paper is concerned with covariates missing not at random (MNAR) and models the potential intracluster correlation by a frailty. We consider the regression analysis of right‐censored event times from clustered subjects under a Cox proportional hazards frailty model and present the semiparametric maximum likelihood estimator (SPMLE) of the model parameters. An easy‐to‐implement pseudo‐SPMLE is then proposed to accommodate more realistic situations using readily available supplementary information on the missing covariates. Algorithms are provided to compute the estimators and their consistent variance estimators. We demonstrate that both the SPMLE and the pseudo‐SPMLE are consistent and asymptotically normal by the arguments based on the theory of modern empirical processes. The proposed approach is examined numerically via simulation and illustrated with an analysis of the motivating TB study data.