The common law's approach in the law of unjust enrichment is to enumerate specific «unjust factors» as permissible causes of action in claims for restitution. This approach has come under attack, inter alia, for being unnecessarily complicated. The claim is that the civilian approach, with its single ground of absence of legal cause for the transfer, is preferable since the operative unjust factor in any particular case is irrelevant to the restitutionary response. In defence of the common law's approach, this (...) article tenders four aspects of the restitutionary response which, it is claimed, are illuminated by reference to the nature, context, and effect of the operative unjust factor in any particular case. They are: (i) the availability of the defence of change of position; (ii) the justifiability of certain «bars» on rescission and the permissible mode of mutual restitution on rescission; (iii) the appropriate measure of enrichment where restitution is, or must be, effected in money; and (iv) two possible justifications for the controversial remedy of partial rescission. (shrink)

This paper introduces valuation structures associated with preferential models. Based on KLM valuation structures, we present a canonical approach to obtain injective preferential models for any preferential relation satisfying the property INJ, and give uniform proofs of representation theorems for injective preferential relations appeared in the literature. In particular, we show that, in any propositional language (finite or infinite), a preferential inference relation satisfies INJ if and only if it can be represented by a standard preferential model. This conclusion generalizes (...) the result obtained by Freund. In addition, we prove that, when the language is finite, our framework is sufficient to establish a representation theorem for any injective relation. (shrink)

In this study, we are concerned with how agents can best amalgamate their private information about a binary state of Nature. The agents are heterogeneous in their “ability”, the quality of their private information. The agents cannot directly communicate their private information but instead can only vote between the two states. We first describe possible methods of sequential majority voting, and then we analyze a particular one: the first n-1\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$n-1$$\end{document} jurors vote (...) simultaneously and, in the case of a tie, the remaining juror has the casting vote. We prove that when n=3\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$n=3$$\end{document}, the probability of a correct verdict is maximized when the agent of median ability has the casting vote. (shrink)

Due in large part to the trends towards economic globalization, English has become the most widely disseminated and ubiquitous international language. The purpose of the study was to investigate what Taiwan?s EFL teachers at the elementary level believe about the policy of English as a compulsory subject and how they perceive the benefits and obstacles of the policy?s implementation. Ten elementary English teachers in Tainan City and its suburban areas participated in this study. Data were collected through teachers? interviews, classroom (...) observation and document analysis. Results found that all ten teachers agreed with the policy for English as a compulsory subject at the elementary level. They observed both positive and negative sides of this top?down policy. Classroom observation and interview data revealed that EFL teachers had to plan their English classes with the constraints on a large class of students with mixed levels of proficiency, limited teaching hours and resources. Parents? expectations of and attitudes towards English learning also became an obstacle. (shrink)

This study conducted an empirical survey of 126 Business Ethics students in business and management departments within two universities across the Taiwan Strait to evaluate the impact on these managers-to-be of receiving an education in Business Ethics. The results show that, after receiving that Business Ethics education, students in both universities demonstrated significant improvements in the ethical weighting of their individual values, their recognition of ethical issues and their performance as ethical decision-makers. However, in respect of ethical decision-making, the behavior (...) of these students is still sub-optimal, indicating a need for further improvements in the ethical education of managers-to-be across the Taiwan Strait. (shrink)

张岂之先生毕生从事中国思想史的研究与教学, 为中国思想史学科的发展倾注了大量心血. 七月中旬, 来自全国各地的一百余位学者, 在西安就先生最关心的中国思想史研究事业进行回顾总结.

本书介绍了证据法学的基本知识、基本理论,并以科学性、准确性为原则来解决实务问题。.

Drug abuse has been and continues to be, a common social issue worldwide, yet the efficiency of widely adopted sweeping speech for anti-drug campaigns has proven inefficient. To provide students with a safe and efficient learning situation related to drug refusal skills, we used a novel approach rooted in a serious learning game and concept map during a brief extracurricular period to help students understand drugs and their negative effects. The proposed game-based situational learning system allowed all students to participate (...) simultaneously and individually in multiple scenarios of drug temptation posed by peers and classmates to practice responding and refusing drugs in school and community settings. Moreover, to explore whether different personality traits result in different anti-drug responses, we used a serious game to conduct an anti-drug experiment on 53 junior middle school students aged 13–15. Each participant’s decision-making process was recorded in the serious game as behavioral patterns for lag sequential analysis. The outcomes revealed seven behavioral patterns including differentiation, acceptance, effective and ineffective responses, effective and ineffective solution-seeking, and failure to refuse. The GSEQ which is a computer program for analyzing sequential observational data was used. The results indicated the following: Neuroticism was performed at a relatively low level under the guidance of a concept map. “Neuroticism” was associated with the lowest risk of accepting drugs. Students with “openness to experiences” were at high risk of accepting drugs. Almost all personality behavioral transition diagrams showed that failure to refuse drugs was followed by inefficient seeking of help and inefficient refusal. These findings provide reference points for designing adaptive anti-drug education programs. (shrink)

"This innovative volume argues that any particular kind of music can only be understood in terms of the criteria of the group which makes and appreciates that music. This theme is in sharp contrast to established attitudes to music which utilize 'objectively' conceived aesthetic. These attitudes are revealed in the assumptions underlying most musicology and musical aesthetics including, perhaps paradoxically, the work of a number of cultural radicals such as Lukacs and Adorno. On a more practical level, they manifest themselves (...) both in music education policies and in the policies of arts and broadcasting administrators, who have the power to promote some kinds of music above others. (shrink)

Academic discourses regarding teacher motivation have been on-going for decades for those who teach in ethnic minority areas. Yet research findings failed to provide a consistent conclusion regarding if kindergarten teachers’ motivation pattern would vary based on a case-to-case scenario. Therefore, further studies are needed to probe the motivation patterns among this population. The study firstly examined kindergarten teachers’ motivational profiles based on Expectancy Value Theory, and then examined how teachers’ motivation related to outcome variables. Participants included 1,199 kindergarten teachers (...) from ethnic minority areas in China. Latent profile analysis identified three motivation profiles for teachers: low value-high cost, moderate all, and high value-low cost. Teacher with different motivation profiles had significant differences in work engagement, workplace wellbeing, and retention intention. In addition, chain mediation analysis revealed that work engagement and workplace wellbeing mediated the relationship between motivation profiles and retention intention. The implications of the findings for study are discussed. (shrink)

New energy vehicle policies have greatly promoted the growth of the NEV industry in China, while also attracting a lot of investor attention. Using Chinese NEV concept stocks and related industrial policies, including purchase tax incentives and promotion and application policies, issued from 2011 to 2020 as the research setting, this paper adopts a panel data model to examine the impact of policy announcement on the volatility of NEV concept stocks, as well as the mediating role of investor attention in (...) transmitting the impact. We find that NEV P&A policies have a significant and positive impact on NEV concept stock volatility, while PTI policies do not have a significant impact. Moreover, investor attention plays a partial mediating role in transmitting the impact of P&A policies on NEV stock market by increasing the stock volatility risk. Furthermore, there is heterogeneous effect of equity ownership in the relationship between policy announcement and investor attention on the volatility of NEV concept stocks; non-state-owned firms are more sensitive to the NEV P&A policies than state-owned firms. By analyzing the relationship between policy announcement and concept stock volatility, this paper enriches the research on NEV concept stocks and provides policy implications for the NEV industry. (shrink)

In 2011, Jiangsu Province set up the guidance fund for sports industry. In 2016, Jiangsu Provincial Finance Department jointly issued the document with Jiangsu Provincial Sports Bureau, which was changed to “Jiangsu Special Fund for Sports Industry Development.” By 2019, Jiangsu Province has funded 1,009 sports industry development projects with a total investment of 796.6 million yuan. The effect of the investment has attracted extensive attention from the government, society, and enterprises. Entrusted by Jiangsu Sports Industry Guidance Center, this research (...) team spent one year on the performance research of 1,009 projects supported by special funds for the development of sports industry, from the construction of evaluation index system to the design, issuance, collection, and processing of questionnaires. Using the methods of literature, questionnaire, expert interview, and mathematical statistics, this paper takes the performance management of the special funds for the development of sports industry in Jiangsu Province as the research object, based on the investigation and analysis of the current situation of the special funds for the development of sports industry in Jiangsu Province. It analyzes the special funds from four aspects: the rate of funds in place, the ratio of funds pulled, the completion rate of project implementation, and the rate of fund prerecovery. Then, this paper expounds the current situation, effectiveness, and problems of the performance management of the special funds for the development of sports industry and puts forward some countermeasures and suggestions for improvement. (shrink)

Abnormal behavior detection of social security funds is a method to analyze large-scale data and find abnormal behavior. Although many methods based on spectral clustering have achieved many good results in the practical application of clustering, the research on the spectral clustering algorithm is still in the early stage of development. Many existing algorithms are very sensitive to clustering parameters, especially scale parameters, and need to manually input the number of clustering. Therefore, a density-sensitive similarity measure is introduced in this (...) paper, which is obtained by introducing new parameters to transform the Gaussian function. Under this metric, the distance between data points belonging to different classes will be effectively amplified, while the distance between data points belonging to the same class will be reduced, and finally, the distribution of data will be effectively clustered. At the same time, the idea of Eigen gap is introduced into the spectral clustering algorithm, and the verified gap sequence is constructed on the basis of Laplace matrix, so as to solve the problem of the number of initial clustering. The strong global search ability of artificial bee colony algorithm is used to make up for the shortcoming of spectral clustering algorithm that is easy to fall into local optimal. The experimental results show that the adaptive spectral clustering algorithm can better identify the initial clustering center, perform more effective clustering, and detect abnormal behavior more accurately. (shrink)

Recent advances in neuroscience indicate that analysis of bio-signals such as rest state electroencephalogram and eye-tracking data can provide more reliable evaluation of children autism spectrum disorder than traditional methods of behavior measurement relying on scales do. However, the effectiveness of the new approaches still lags behind the increasing requirement in clinical or educational practices as the “bio-marker” information carried by the bio-signal of a single-modality is likely insufficient or distorted. This study proposes an approach to joint analysis of EEG (...) and eye-tracking for children ASD evaluation. The approach focuses on deep fusion of the features in two modalities as no explicit correlations between the original bio-signals are available, which also limits the performance of existing methods along this direction. First, the synchronization measures, information entropy, and time-frequency features of the multi-channel EEG are derived. Then a random forest applies to the eye-tracking recordings of the same subjects to single out the most significant features. A graph convolutional network model then naturally fuses the two group of features to differentiate the children with ASD from the typically developed subjects. Experiments have been carried out on the two types of the bio-signals collected from 42 children. The results indicate that the proposed approach can achieve an accuracy of 95% in ASD detection, and strong correlations exist between the two bio-signals collected even asynchronously, in particular the EEG synchronization against the face related/joint attentions in terms of covariance. (shrink)

Editors’ AbstractThis article conducts a detailed review of Sinologism and focuses on the conceptual core of “cultural unconscious.” It suggests that the concept is not merely intended to alert people to the phenomena of Sinologism, nor is it limited to the purpose of exposing the inherent, hidden logic of Sinologism. It goes a step further by cautioning people to be on guard against various snares of Sinologism, to treat de-Sinologization as a major focal point in China studies, and to make (...) the necessary changes to existing paradigms in Sinological studies. The article suggests that the strength of Sinologism lies in constructing a critical theory of self-conscious reflection. (shrink)

本书着眼于展示冯友兰作为一代宗师的精神品格、思想睿智、学术风采、人格特征及坚韧而持久的学术生命和跌宕起伏的人生旅程,书中还收录了胡适、陈寅恪、张申府、金岳霖、朱光潜等前辈大师早年评论冯友兰的珍贵文字。 .

In this article, first, we argue that the concept of ‘vitality forms’ endows direct social perception (DSP) with suitable constructed percepts. Vitality forms capture how embodied actions unfold in the process, encapsulating the how-dimension of action, which provides a new dimension for understanding the multiplicities of action. Second, we discuss how vitality forms, as a diachronic gestalt, are completed and recognized in the process of dyadic sharing. We attempt to invoke another concept advocated by Daniel Stern, ‘moments of meeting’, thereby (...) emphasizing the temporality problem of the constructed percepts in DSP. In these special moments, the minds of both parties intersect and co-construct a shared experience that can be perceived or seen by each participant. That is, vitality forms are a consequence of the co-construction within the dyad at the moments of meeting. (shrink)