Research on Controlling Shareholders’ Fiduciary Duty

本文从控制股东的概念和诚信义务的内容及要求出发，试图通过分析控制股东诚信义务在英美法系和大陆法系一些国家的发展概况，并通过对我国公司制度的现状分析，指出借鉴国外有关控制股东诚信义务法律规定的必要性，并提出对现行公司法的修改建议。全文共分为四个部分：第一部分：控制股东及其诚信义务分析。首先对控制股东从“量”和“质”两个方面来界定，将其和相关的概念进行比较，予以分类；其次，从控制和资本多数决的关系入手，分析出公司法上确立控制股东诚信义务的原因；最后，对控制股东诚信义务和董事义务作比较分析。第二部分：控制股东违反诚信义务的表现形式及其法律规制。控制股东除了滥用表决权以外，还可通过其他方式和手段来侵害...From the concept of controlling shareholders and the requirement of fiduciary duty, this article makes a legal research on the fiduciary duty of controlling shareholders in both Anglo-American and Civil law countries. By analyzing the current situation of Chinese corporation system, the writer think that it is necessitate introducing the controlling shareholders’ fiduciary duty into Chinese compan...学位：法学硕士院系专业：法学院法律系_民商法学(含劳动法学、社会保障法学)学号：20020804

On the Exclusion of Illegal Evidence by the Procuratorial Organs： From Free Proof to Strict Proof

检察机关排除非法证据必须要无缝对接到侦、捕、诉、审等诉讼环节,因为其属于程序性争点以及审判前环节可以采用自由证明的方法,但是由于我国司法机关权力的整体特色和检察机关的法律监督地位而谨慎采用严格证明方法也更加合理,具体有书面审查、口头审查和调取、审查讯问录音录像等方式。检察机关排除非法证据的办案机制以承办人主办、部门讨论和主管领导决定为主,同时还有上下级和部门之间的协作机制。检察机关排除非法证据在监督和控诉的不同方向可能会激化检警冲突和检法冲突。Exclusion of illegal evidence by the procuratorial organs must be seamless link with procedural stages of investigation,arrest,prosecution and trial because it is referred to as procedural issues and the pre- trial step. Thus it can adopt the method of free proof,but owning to the overall entity of three judicial authorities and legal supervision status of procuratorial organs in China,it is reasonable to cautiously adopt strict proof method,specifically by means of written examination,oral examination,and of obtaining,reviewing the video- audio recording of interrogation and so on. The working mechanism of procuratorial organs ＇ exclusion of illegal evidence gives priority to having the undertaker to charging,the department discussing and the manager deciding,adding collaborative mechanism between supervisors and subordinates,among different departments as a supplement.Procuratorial organs＇ excluding illegal evidence in direction to the supervision or accusation may intensify the conflicts between prosecutors and police and between prosecutors and courts.2016年度最高人民检察院检察理论研究一般课题“以审判为中心”背景下的刑事诉讼证据审查（GJ2016C09

Aripiprazole versus other atypical antipsychotics for schizophrenia

BACKGROUND: In most western industrialised countries, second generation (atypical) antipsychotics are recommended as first line drug treatments for people with schizophrenia. In this review we specifically examine how the efficacy and tolerability of one such agent - aripiprazole - differs from that of other comparable second generation antipsychotics. OBJECTIVES: To evaluate the effects of aripiprazole compared with other atypical antipsychotics for people with schizophrenia and schizophrenia-like psychoses. SEARCH METHODS: We searched the Cochrane Schizophrenia Group Trials Register (November 2011), inspected references of all identified studies for further trials, and contacted relevant pharmaceutical companies, drug approval agencies and authors of trials for additional information. SELECTION CRITERIA: We included all randomised clinical trials (RCTs) comparing aripiprazole (oral) with oral and parenteral forms of amisulpride, clozapine, olanzapine, quetiapine, risperidone, sertindole, ziprasidone or zotepine for people with schizophrenia or schizophrenia-like psychoses. DATA COLLECTION AND ANALYSIS: We extracted data independently. For dichotomous data we calculated risk ratios (RR) and their 95% confidence intervals (CI) on an intention-to-treat basis based on a random-effects model. Where possible, we calculated illustrative comparative risks for primary outcomes. For continuous data, we calculated mean differences (MD), again based on a random-effects model. We assessed risk of bias for each included study. MAIN RESULTS: We included 12 trials involving 6389 patients. Aripiprazole was compared to olanzapine, risperidone and ziprasidone. All trials were sponsored by an interested drug manufacturer. The overall number of participants leaving studies early was 30% to 40%, limiting validity (no differences between groups).When compared with olanzapine no differences were apparent for global state (no clinically important change: n = 703, 1 RCT, RR short-term 1.00 95% CI 0.81 to 1.22; n = 317, 1 RCT, RR medium-term 1.08 95% CI 0.95 to 1.22) but mental state tended to favour olanzapine (n = 1360, 3 RCTs, MD total Positive and Negative Syndrome Scale (PANSS) 4.68 95% CI 2.21 to 7.16). There was no significant difference in extrapyramidal symptoms (n = 529, 2 RCTs, RR 0.99 95% CI 0.62 to 1.59) but fewer in the aripiprazole group had increased cholesterol levels (n = 223, 1 RCT, RR 0.32 95% CI 0.19 to 0.54) or weight gain of 7% or more of total body weight (n = 1095, 3 RCTs, RR 0.39 95% CI 0.28 to 0.54).When compared with risperidone, aripiprazole showed no advantage in terms of global state (n = 384, 2 RCTs, RR no important improvement 1.14 95% CI 0.81 to 1.60) or mental state (n = 372, 2 RCTs, MD total PANSS 1.50 95% CI -2.96 to 5.96).One study compared aripiprazole with ziprasidone (n = 247) and both the groups reported similar change in the global state (n = 247, 1 RCT, MD average change in Clinical Global Impression-Severity (CGI-S) score -0.03 95% CI -0.28 to 0.22) and mental state (n = 247, 1 RCT, MD change PANSS -3.00 95% CI -7.29 to 1.29).When compared with any one of several new generation antipsychotic drugs the aripiprazole group showed improvement in global state in energy (n = 523, 1 RCT, RR 0.69 95% CI 0.56 to 0.84), mood (n = 523, 1 RCT, RR 0.77 95% CI 0.65 to 0.92), negative symptoms (n = 523, 1 RCT, RR 0.82 95% CI 0.68 to 0.99), somnolence (n = 523, 1 RCT, RR 0.80 95% CI 0.69 to 0.93) and weight gain (n = 523, 1 RCT, RR 0.84 95% CI 0.76 to 0.94). Significantly more people given aripiprazole reported symptoms of nausea (n = 2881, 3 RCTs, RR 3.13 95% CI 2.12 to 4.61) but weight gain (7% or more of total body weight) was less common in people allocated aripiprazole (n = 330, 1 RCT, RR 0.35 95% CI 0.19 to 0.64). Aripiprazole may have value in aggression but data are limited. This will be the focus of another review. AUTHORS' CONCLUSIONS: Information on all comparisons are of limited quality, are incomplete and problematic to apply clinically. Aripiprazole is an antipsychotic drug with a variant but not absent adverse effect profile. Long-term data are sparse and there is considerable scope for another update of this review as new data emerges from the many Chinese studies as well as from ongoing larger, independent pragmatic trials

Determination of the number of ψ(3686) events taken at BESIII

The number of ψ(3686) events collected by the BESIII detector during the 2021 run period is determined to be (2259.3±11.1)×106 by counting inclusive ψ(3686) hadronic events. The uncertainty is systematic and the statistical uncertainty is negligible. Meanwhile, the numbers of ψ(3686) events collected during the 2009 and 2012 run periods are updated to be (107.7±0.6)×106 and (345.4±2.6)×106, respectively. Both numbers are consistent with the previous measurements within one standard deviation. The total number of ψ(3686) events in the three data samples is (2712.4±14.3)×10^