关于权利是否具有顺序性的思辨

文章认为权利是需要救济和保护,在权利救济时,事实上存在着权利位序的问题,文章从对一个千年的哲学例证的诠释开始,证明作为权利的所有者的人的天然的取舍驱动是权利具有位序性的根本。其次,认为基本权利与非基本权利划分是权利具有位序性的显著证明。最后,是通过权利冲突的实际解决来证明权利之间存在的位序性。     

论空间权

空间权是一种新型权利,空间权法理是传统土地所有权理论的新发展。空间权与土地权利的关系密切而复杂,准确恰当地定位两者的关系是空间权研究的核心问题。     

论所用权 --与民法所有权的比较分析

所有权是民法 (外 )物权的核心 ,而所用权则是经济法 (内 )物权的核心。创设所用权具有重大的理论意义和实践意义 ,因为这是在财富创造的竞争中赋予人们一种新的权利并使之得到法制的保障 ,这有利于我们坚持“发展才是硬道理”的原则 ,从而把我国的经济建设搞得更好     

见义不为现象的法律救治

见义勇为立法的重要内容之一,就是规定社会和国家对见义勇为者权益的救济和保护负有不可推卸的义务。作者认为对见义勇为者的权益实行法律保护是救治当前道德冷漠现象的一剂良方,是与现实需要紧密结合的法律规范。它的制定与实施又进一步充实了法律的正义精神,是法律价值的全面体现。但在现阶段我国还不具备相应的历史与现实条件用法律强制的手段推行见义勇为的道德行为。     

Olive Oil Consumption in Greece: A Microeconometric Analysis

In this paper, the factors affecting at-home demand for three types of oils and fats in Greece, with emphasis on olive oil, are investigated using the linear approximation of the Almost Ideal Demand System and family budget survey data. To overcome the econometric problem created with the existence of zero expenditure, a generalization of the two-stage Heckman procedure is employed. In order to investigate the role of self-consumption, two different samples were used. The first includes all households; the second excludes those that acquire olive oil only from own production. According to the results, there are important differences in the first stage of the decision process between the two samples. Unlike the first stage, the second stage of the decision process found no important differences between the results for the two samples.     

Type I error rates from likelihood‐based repeated measures analyses of incomplete longitudinal data

The last observation carried forward (LOCF) approach is commonly utilized to handle missing values in the primary analysis of clinical trials. However, recent evidence suggests that likelihood‐based analyses developed under the missing at random (MAR) framework are sensible alternatives. The objective of this study was to assess the Type I error rates from a likelihood‐based MAR approach – mixed‐model repeated measures (MMRM) – compared with LOCF when estimating treatment contrasts for mean change from baseline to endpoint (Δ). Data emulating neuropsychiatric clinical trials were simulated in a 4 × 4 factorial arrangement of scenarios, using four patterns of mean changes over time and four strategies for deleting data to generate subject dropout via an MAR mechanism. In data with no dropout, estimates of Δ and SE_Δ from MMRM and LOCF were identical. In data with dropout, the Type I error rates (averaged across all scenarios) for MMRM and LOCF were 5.49% and 16.76%, respectively. In 11 of the 16 scenarios, the Type I error rate from MMRM was at least 1.00% closer to the expected rate of 5.00% than the corresponding rate from LOCF. In no scenario did LOCF yield a Type I error rate that was at least 1.00% closer to the expected rate than the corresponding rate from MMRM. The average estimate of SE_Δ from MMRM was greater in data with dropout than in complete data, whereas the average estimate of SE_Δ from LOCF was smaller in data with dropout than in complete data, suggesting that standard errors from MMRM better reflected the uncertainty in the data. The results from this investigation support those from previous studies, which found that MMRM provided reasonable control of Type I error even in the presence of MNAR missingness. No universally best approach to analysis of longitudinal data exists. However, likelihood‐based MAR approaches have been shown to perform well in a variety of situations and are a sensible alternative to the LOCF approach. MNAR methods can be used within a sensitivity analysis framework to test the potential presence and impact of MNAR data, thereby assessing robustness of results from an MAR method. Copyright © 2004 John Wiley & Sons, Ltd.     

浅议民事责任竞合

违约责任与侵权责任竞合是由于某种违反民事义务的行为既符合违约责任构成要件又符合侵权责任构成要件 ,从而在法律上导致多种民事责任并存和冲突所产生的现象。因此 ,采取责任聚合与自由选择诉因的措施来解决责任竟合 ,以期充分保护受害方权利 ,消灭责任重叠可能导致的不公平 ,合并不重叠部分的责任。     

三维运动混合机的性能及其影响因素

通过混合试验对三维运动混合机的混合性能及其影响因素作了分析与研究．     

ASSESSING CONGRUENCEAMONG DISTANCE MATRICES: SINGLE-MALT SCOTCH WHISKIES REVISITED

A test of congruence among distance matrices is described. It tests the hypothesis that several matrices, containing different types of variables about the same objects, are congruent with one another, so they can be used jointly in statistical analysis. Raw data tables are turned into similarity or distance matrices prior to testing; they can then be compared to data that naturally come in the form of distance matrices. The proposed test can be seen as a generalization of the Mantel test of matrix correspondence to any number of distance matrices. This paper shows that the new test has the correct rate of Type I error and good power. Power increases as the number of objects and the number of congruent data matrices increase; power is higher when the total number of matrices in the study is smaller. To illustrate the method, the proposed test is used to test the hypothesis that matrices representing different types of organoleptic variables (colour, nose, body, palate and finish) in single‐malt Scotch whiskies are congruent.     

Estimation of Hazard, Density and Survivor Functions for Randomly Censored Data

Maximum likelihood estimation and goodness-of-fit techniques are used within a competing risks framework to obtain maximum likelihood estimates of hazard, density, and survivor functions for randomly right-censored variables. Goodness-of- fit techniques are used to fit distributions to the crude lifetimes, which are used to obtain an estimate of the hazard function, which, in turn, is used to construct the survivor and density functions of the net lifetime of the variable of interest. If only one of the crude lifetimes can be adequately characterized by a parametric model, then semi-parametric estimates may be obtained using a maximum likelihood estimate of one crude lifetime and the empirical distribution function of the other. Simulation studies show that the survivor function estimates from crude lifetimes compare favourably with those given by the product-limit estimator when crude lifetimes are chosen correctly. Other advantages are discussed.