区块链技术下智能合约之于合同的新诠释

应用于交易领域的智能合约融入区块链技术,以代码形式表现,可实现合同履行的自动化和不可逆,超越了传统意义上的合同模式.自助行为说、代理说将智能合约视为对合同过程的外部增强,是侧面功能的法律阐释,并未完全捕捉到实质.智能合约并不一定跨越整个合同过程,也可仅是合同过程某个方面或某个阶段.法律意义上的智能合约不是合同新类型,而是合同关系形式的新发展,即当事人缔结和履行合同的新形式,合同性质未发生实质变化.智能合约满足特定要件构成特殊的书面形式,具有"书面形式+自动履行"功能的特质.民事主体通过智能合约形式订立合同应遵守《民法典》等现行法律的具体规则,以保证合同依法成立与生效.智能合约不等同于具有法律效力的合同,认定其效力应结合智能合约应用中的具体问题展开具体分析.从立法上确认智能合约,在符合国家现有法律、政策基础上编写和应用,实现形式的合法化、内容的规范化是该技术谋求长远发展的保障.技术起步的现阶段,纸质合同、一般电子合同与智能合约在不同方面发挥协作作用,会在未来一段时间内成为民事交往、商业交易的主要状态.     

Managing the Risk of Aggressive Dog Behavior: Investigating the Influence of Owner Threat and Efficacy Perceptions

Aggressive behavior in pet dogs is a serious problem for dog owners across the globe, with bite injuries representing a serious risk to both people and other dogs. The effective management of aggressive behavior in dogs represents a challenging and controversial issue. Although positive reinforcement training methods are now considered to be the most effective and humane technique to manage the risk of aggression, punishment‐based methods continue to be used. Unfortunately, there has been little scientific study into the various factors influencing whether dog owners choose to use positive reinforcement techniques to manage aggression in their dogs. As such, current understanding of how best to encourage and support dog owners to use these methods remains extremely limited. This article uses a survey methodology based on protection motivation theory (PMT) to investigate the factors that influence owner use of positive reinforcement methods to manage aggressive behavior, in an attempt to understand potential barriers and drivers of use. In addition, the article provides an initial exploration of the potential role of wider psychological factors, including owner emotional state, social influence, and cognitive bias. Findings show that the perceived efficacy of positive reinforcement methods and the perceived ability of owners to effectively implement the technique are both key factors predicting future intentions and current reported use. Future interventions should focus on enhancing owner confidence in the effective use of positive reinforcement techniques across multiple scenarios, as well as helping owners manage their own emotional responses when they encounter challenging situations and setbacks.     

在四月里如何谈论衰老--西川《一个人老了》细读

《一个人老了》写于1991年4月，彼时作者的生理年龄与诗中感悟分别处于跨度相距较远的不同生命时段，由此在形成诗歌内在张力的同时，也使阅读必须面对在“四月”与“衰老”之间存在的强烈反差，问题由此被提出。对这种反差的成因分析是从文本的抒情节奏、抒情肌理以及价值立场与生命观等方面的异质特征切入，解读其在诗歌渊源上与博尔赫斯、聂鲁达等世界诗人之间的互文关系，进而追溯至作者西川所代表的“知识分子写作”对阅读经验的习惯性倚重。     

20世纪初中国人对马克思思想解读的再评价

19世纪末20世纪初,马克思的思想就传入了中国,梁启超在传统大同思想与社会主义贯通中对它进行解读;早期国民党人在批判资本主义,建构民生主义中对它进行评价;无政府主义在反传统中认同马克思的共产主义。虽然各有局限性,但又各有自身的意义。以十月革命的经验解读马克思主义,遮蔽了对马克思思想早期传播的研究,研究马克思主义在中国的早期传播,对认识马克思主义中国化有重要意义。     

Decision‐making under uncertainty in child protection: Creating a just and learning culture

The argument is made for having a positive error culture in child protection to improve decision‐making and risk management. This requires organizations to accept that mistakes are likely and to treat them as opportunities for learning and improving. In contrast, in many organizations, a punitive reaction to errors leads to workers hiding them and developing a defensive approach to their practice with children and families. The safety management literature has shown how human error is generally not simply due to a “bad apple” but made more or less likely by the work context that helps or hinders good performance. Improving safety requires learning about the weaknesses in the organization that contribute to poor performance. To create a learning culture, people need to feel that when they talk about mistakes or weak practice, there will be a constructive response from their organization. One aspect of reducing the blame culture is to develop a shared understanding of how practice will be judged and how those appraising practice will avoid the hindsight bias. To facilitate a positive error culture, a set of risk principles are presented that offer a set of criteria by which practice should be appraised.     

页岩气开发环境风险的法律规制思考

目前，我国在页岩气开发的环境保护方面存在着大量的法律空白，往往只能参照环境保护法和矿产资源法中的相关规定进行规制，无法有效解决页岩气开发暴露出来的环境问题。页岩气开发环境风险的法律规制，核心目的就是解决当前页岩气开发中的环境风险，促进页岩气开发与环境保护相协调，实现能源开发的可持续发展。在页岩气开发环境风险的法律规制方面，英美两国已经探索出一些经验和制度。积极借鉴国外有益经验，努力改进和完善我国应对页岩气开发环境风险的法律规制，对实现我国页岩气开采的经济效益、社会效益和环境效益三者的统一具有重要的现实意义。     

Humor and satire in politics: Introducing cultural sociology to the field

The landscape of political humor and satire is changing rapidly, and it is becoming an increasingly relevant aspect of our culture. Although scholars have been actively trying to capture this change, majority of the existing frameworks for understanding humor and satire in politics still reduce these phenomena to mere genres or rhetoric tools. In addition, they provide insufficient accounts concerning the reception of humor and satire, and neglect to interpret and explain what they communicate. In the article, a general understanding of humor and satire outside of a political context, followed by an overview of studies discussing humor and satire in politics through their applications in social movements, as leadership tools, and through their manifestations in mass media has been presented. Lastly, a cultural sociological perspective to the field has been introduced. It has been argued that approaching humor and satire in politics through a structural hermeneutic method of the Strong Program will enable us to recognize and treat political humor and satire as autonomous and complex cultural systems which carry an internal power to move people.     

Who Should Pay for Interdependent Risk? Policy Implications for Security Interdependence Among Airports

We study interdependent risks in security, and shed light on the economic and policy implications of increasing security interdependence in presence of reactive attackers. We investigate the impact of potential public policy arrangements on the security of a group of interdependent organizations, namely, airports. Focusing on security expenditures and costs to society, as assessed by a social planner, to individual airports and to attackers, we first develop a game-theoretic framework, and derive explicit Nash equilibrium and socially optimal solutions in the airports network. We then conduct numerical experiments mirroring real-world cyber scenarios, to assess how a change in interdependence impact the airports' security expenditures, the overall expected costs to society, and the fairness of security financing. Our study provides insights on the economic and policy implications for the United States, Europe, and Asia.     

城市综合体建设面临的一系列问题探讨--以南通市为例

随着房地产调控和城市化进程的加快，商业地产越来越受到开发商的青睐。城市综合体作为商业地产的典型代表以其多结构多层级的功能组合迅速提升区域价值而拥有了“城中之城”的美誉，在东部地区二三线城市大量涌现。但城市综合体带动城市发展的同时，也引发了一系列风险亟待关注。     

Ethical Numbers: Ethics Training in U.S. Graduate Statistics Programs, 2013–2014

As important members of research teams, statisticians bear an ethical responsibility to analyze, interpret, and report data honestly and objectively. One way of reinforcing ethical responsibilities is through required courses covering a variety of ethics-related topics at the graduate level. We assessed ethics requirements for graduate-level statistics training programs in the United States for the 2013–2014 academic year using the websites of 88 universities, examining 103 biostatistics programs, and 136 statistics degree programs. We categorized programs’ ethics training requirements as required or not required. Thirty-one (35.1%) universities required an ethics course for at least some degree students. Sixty-two (25.5%) degree programs required an ethics course for at least some students. The majority (77.4%) of required courses were worth 0 or 1 credit. Of the 177 programs without an ethics requirement, 19 (10.7%) listed an ethics elective. Although a single ethics course is insufficient for instilling an ethical approach to science, degree programs that model expectations through coursework point to the value of ethics in science. More training programs should prepare statisticians to consider the ethical dimensions of their work through required coursework. Supplementary materials for this article are available online.