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.     

Using local linear kernel smoothers to test the lack of fit of nonlinear regression models

Herein, we propose a data-driven test that assesses the lack of fit of nonlinear regression models. The comparison of local linear kernel and parametric fits is the basis of this test, and specific boundary-corrected kernels are not needed at the boundary when local linear fitting is used. Under the parametric null model, the asymptotically optimal bandwidth can be used for bandwidth selection. This selection method leads to the data-driven test that has a limiting normal distribution under the null hypothesis and is consistent against any fixed alternative. The finite-sample property of the proposed data-driven test is illustrated, and the power of the test is compared with that of some existing tests via simulation studies. We illustrate the practicality of the proposed test by using two data sets.     

Still-births among the offspring of male radiation workers at the Sellafield nuclear reprocessing plant: detailed results and statistical aspects

Summary. This study investigates whether there was evidence of increasing risk of still-birth with increasing paternal exposure to ionizing radiation received during employment at the Sellafield nuclear installation before the child was conceived. A significant positive association is found between the total paternal preconceptional exposure to external ionizing radiation and the risk of still-birth (after adjustment for year of birth, social class, birth order and paternal age, odds ratio at 100 mSv 1.24 (95% confidence interval 1.04–1.45)). A summary of the principal scientific findings of this study has been published in the Lancet . This paper describes in detail the statistical methods that were used in the investigation and presents the results in full.     

运动元记忆训练对元记忆水平和动作记忆的影响

通过2个月的运动元记忆训练,检验其对非体育专业学生元记忆水平和动作记忆成绩的影响.结果显示运动元记忆训练能显著提高大学生运动记忆策略和记忆监控水平;结果还表明训练能明显提高大学生的艺术体操和健美操动作记忆成绩(表现在动作数量上),而且艺术体操动作记忆的训练效应大于健美操.     

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.     

新时期监事会的业务监督——以中日两国董事义务为视角

我国公司法上的监事会，是对董事及高级管理人员的业务执行进行专门性监督的常设机构，该专门性监督能否取得实效将直接影响公司的经营绩效及利害关系人的利益，而明确监事会的业务监督权限是提高监督实效的关键。本文通过与日本法的比较研究，以2005年公司法增设的勤勉义务（Duty of Care）为焦点，对公司法修改后的股份有限公司监事会的业务监督范围及内容进行了新的解读与探索.     

Efficient designs based on orthogonal arrays of type I and type II for experiments using units ordered over time or space

For a wide variety of applications, experiments are based on units ordered over time or space. Models for these experiments generally may include one or more of: correlations, systematic trends, carryover effects and interference effects. Since the standard optimal block designs may not be efficient in these situations, orthogonal arrays of type I and type II, which were introduced in 1961 by C.R. Rao [Combinatorial arrangements analogous to orthogonal arrays, Sankhya A 23 (1961) 283–286], have been recently used to construct optimal and efficient designs for many of these experiments. Results in this area are unified and the salient features are outlined.     

格式条款法律特征刍议

格式条款是合同法上的重要制度。我国现有合同法论著一般并未将格式条款的构成要件作为一个独立问题加以研究，笔者主要从六个方面分析讨论了格式条款的法律特征，即制订方面的特征、适用范围方面的特征、内容方面的特征、当事人关系方面的特征、形式方面的特征、解释方面的特征。     

论域名的法律保护

在分析域名的法律特征、法律保护现状的基础上，提出了域名法律保护的三种途径；承认域名权作为民事利益受法律保护的基础保护；肯定域名在一定条件下可以注册为商标的强化保护；对驰名域名提供的特殊法律保护。     

Choice of the primary analysis in longitudinal clinical trials

Missing data, and the bias they can cause, are an almost ever‐present concern in clinical trials. The last observation carried forward (LOCF) approach has been frequently utilized to handle missing data in clinical trials, and is often specified in conjunction with analysis of variance (LOCF ANOVA) for the primary analysis. Considerable advances in statistical methodology, and in our ability to implement these methods, have been made in recent years. Likelihood‐based, mixed‐effects model approaches implemented under the missing at random (MAR) framework are now easy to implement, and are commonly used to analyse clinical trial data. Furthermore, such approaches are more robust to the biases from missing data, and provide better control of Type I and Type II errors than LOCF ANOVA. Empirical research and analytic proof have demonstrated that the behaviour of LOCF is uncertain, and in many situations it has not been conservative. Using LOCF as a composite measure of safety, tolerability and efficacy can lead to erroneous conclusions regarding the effectiveness of a drug. This approach also violates the fundamental basis of statistics as it involves testing an outcome that is not a physical parameter of the population, but rather a quantity that can be influenced by investigator behaviour, trial design, etc. Practice should shift away from using LOCF ANOVA as the primary analysis and focus on likelihood‐based, mixed‐effects model approaches developed under the MAR framework, with missing not at random methods used to assess robustness of the primary analysis. Copyright © 2004 John Wiley & Sons, Ltd.