精神损害赔偿适用范围探析

精神损害赔偿的适用范围是整个精神损害赔偿制度的关键,是权利主体据以索赔的请求权基础问题。目前,我国的精神损害赔偿的范围仅限于民事侵权的情况,对于刑事附带民事诉讼的被害人、国家赔偿案件中的受害人、合同违约纠纷中的权利人等的精神损害赔偿权却不予保护。本文拟就精神损害赔偿适用范围的相关问题进行探讨,并提出自己的观点和看法。     

论可译性限度

可译性和不可译性是翻译理论的核心问题之一.对这个问题争论的历史伴随着整个翻译发展的历史.文章认为可译性和不可译性只是一个相对的概念,没有绝对的可译性和不可译性,可译性和不可译性事实上是可译的程度问题而不是可能性问题,换言之,不同语际间的转换是可能的但同时也是有限度的.     

连续竞价机制下不同限价安排与股市流动性的实验研究

对同一问题,实验室数据反映的二阶信息和现实世界的二阶信息在本质上是相同的.由此设计了连续竞价机制下的股票实验市场,重点分析了3种不同限价安排对股市流动性的影响.结果显示,限价安排不同程度地降低了股价的波动性,降低了流动性指标的绝对值,但基于波动性的流动性测量方法却显示,去除波动性的影响后,限价安排表现出对流动性的促进作用.比较而言,20%的动态涨跌幅安排,较好地抑制了日内波动和日间波动,同时股市流动性最好.     

Role of the Standard Deviation in the Estimation of Benchmark Doses with Continuous Data

For continuous data, risk is defined here as the proportion of animals with values above a large percentile, e.g., the 99th percentile or below the 1st percentile, for the distribution of values among control animals. It is known that reducing the standard deviation of measurements through improved experimental techniques will result in less stringent (higher) doses for the lower confidence limit on the benchmark dose that is estimated to produce a specified risk of animals with abnormal levels for a biological effect. Thus, a somewhat larger (less stringent) lower confidence limit is obtained that may be used as a point of departure for low-dose risk assessment. It is shown in this article that it is important for the benchmark dose to be based primarily on the standard deviation among animals, s(a), apart from the standard deviation of measurement errors, s(m), within animals. If the benchmark dose is incorrectly based on the overall standard deviation among average values for animals, which includes measurement error variation, the benchmark dose will be overestimated and the risk will be underestimated. The bias increases as s(m) increases relative to s(a). The bias is relatively small if s(m) is less than one-third of s(a), a condition achieved in most experimental designs.     

How Reassuring are Risk Comparisons to Pollution Standards and Emission Limits?

Pollutant emissions or ambient levels are often justified by reference to a higher benchmark, such as a public health standard or permit limit. However, does this risk comparison persuade the public audiences to whom it is frequently directed that such pollution levels are “acceptable”? A substantial proportion of people living within one mile of New Jersey's industrial facilities, perhaps as much as half, is indeed reassured by a comparison to such benchmarks. Positive attitudes toward discharge limits were linked to speaking English at home; positive attitudes toward drinking water standards were associated with seeing local benefits of industry as outweighing its risks, not speaking English, and relative youth (49 years old or less). Three scenarios involving drinking water contamination varied pre‐ and post‐treatment levels of the pollutant, though all post‐treatment levels were below the standard. In all cases great concern was expressed, with no significant differences across scenarios; net benefits, being white, and non‐English speaking were linked to lower concern. Relative trust seems a better explanation of different attitudes toward benchmark comparisons than varying levels of knowledge, but both hypotheses have drawbacks that merit further testing. These results imply that people with negative views of industry or government, the ones officials might most wish to reassure, will tend to doubt that regulatory benchmarks offer a valid risk comparison.     

“下限不在内”也应是一个统计原则

统计分组理论是统计学的重要组成部分。本文对现行的连续型变量确定组限的“上限不在内原则”提出了质疑。在统计分组中,确定连续变量的组限时,相邻组的组限必须重叠。为了防止这种重叠不致引起混乱,要根据所研究现象的不同特点进行归组整理:对于正指标即越高越好的现象,按“上限不在内”原则;对于逆指标即越低越好的现象,按“下限不在内”原则。     

Effects of Customized Balance Exercises on Older Women Whose Balance Ability Has Deteriorated With Age

Falls represent a major public health problem for older adults, and loss of balance (LOS) abilities is one of the primary causes of falls. Previous studies have shown that balance training is effective in improving physical function and decreasing risk of falls. However, little attention has been given specifically to balance training in older adults with very poor balance. The purpose of this study was to determine the effect of a 12-week customized balance exercise program on LOS for community-dwelling older women with poor balance ability. Twenty-four older women with poor balance (composite maximum excursion [MXEcomp] score of less than 70% based on Limits of Stability) were divided into an exercise group and control group. After 12 weeks of balance exercises, mean MXEcomp improved (p < .05) from 58.6% to 79.0% in the exercise group. EPEcomp (composite endpoint excursion), RTcomp (composite reaction time), SVcomp3 (composite sway velocity on thick foam with the eyes open), UG (up and go) also improved, but the functional reach and other static balance indexes did not change. These results indicated that balance training allows older adults with poor balance to improve dynamic balance ability and potentially reduce risk for falls.     

劳动合同形式强制的法学分析

法律关于劳动合同形式强制的规定属于管理性强制规定,未采用书面形式并不导致劳动合同不成立或无效,但是当事人应承担不利法律后果。随着劳动合同与劳动关系概念的区分,劳动关系多种证明手段的运用和集体合同法律制度的完善,劳动合同形式强制的力度将趋于弱化。     

Robust cusum: a robustness study for cusum quality control schemes

A standard CUSUM control scheme and four modified CUSUM control schemes are evaluated for robustness. The average run length (ARL) for each scheme is evaluated using a contaminated normal distribution, a distribution that has longer tails than the normal. A CUSUM control scheme that ignores the first suspected outlier, but gives an out-of-control signal for two successive outliers is found to perform well.