The Theoretical System of Property Rights in China’s General Principles of Civil Law: Theoretical Controversy in the Drafting Process and Beyond

China\u27s General Principles of Civil Law ( General Principles ) is not just a piece of legislation; it represents a system of legal relations with an underlying theoretical framework. Despite any Chinese characteristics that might be found elsewhere in the General Principles , its theoretical framework is firmly rooted in the Romanist legal tradition as interpreted by the Pandectists and borrowed from them by Japan and China Before 1949. This is amply illustrated by the definition of property rights in chapter 5, section 1. Parts II and III of this article examine the theoretical tools used by Chinese civil law theorists to draft and analyze these property rights, the system and legal attributes of ownership, and five kinds of rights in things. The latter are a kind of right in rem. Four of these rights are designed to ensure that the rights to use and realize the economic potential of publicly owned property are distributed to productive economic entities, such as collective or state enterprises and individuals or household economic units. Despite an attempt by legal theorists in the 1950\u27s to shake off the mantle of bourgeois legal concepts, the theoretical system used to define these property relations is not Chinese but borrowed from Continental civil law. Sometimes the concepts borrowed from a description of bourgeois property rights, such as possession and usufruct, do not fit the socialist ideal of property relations, but Chinese theorists apply them notwithstanding. Perhaps Pashukanis was right to say that there are no socialist legal forms because law is by definition bourgeois. The General Principles must also be understood in the context of economic reform in China today. As a fundamental law regulating property relations it has an important role to play in defining the framework of property rights for commercial relations. Yet the theory which is needed to justify and explain these property rights is still the subject of controversy. The lack of a sound theoretical basis for futher legislation to implement economic reform, however, is itself an obstacle to reform. This is illustrated in Part IV of the article which examines in detail the theoretical controversy about the definition of property rights in the state enterprise which affected the drafting of the General Principles and which continues today. Chinese theories defining the property relations between the state and the state enterprise are examined in four general categories. Theoretical and ideological influences on them are traced, especially to Eastern Bloc countries, and in turn their influence on the drafting process is examined. By and large the theorists have similar ends in mind, i.e., the realization of some degree of economic autonomy for state enterprises to control and deal with their property efficiently and responsibly as their own, with state interference limited to the use of macroeconomic measures. Every school of thought has its own theoretical view of the property rights which define this autonomy. Article 82 of the General Principles represents only one such view and it may well be replaced in the future. Until there is a settled definition, however, it will be difficult for a systematic reform of the state-owned industrial sector to take place

A Mathematical Model for Outgassing and Contamination

A model for the mathematical description of the processes of outgassing and contamination in a vacuum system is proposed. The underlying assumptions are diffusion in the source, convection and diffusion in the cavity, mass transfer across the source-cavity interface, and a generalization of the Langmuir isotherm for the sorption kinetics on the target. Three approximations are considered where the asymptotic behavior of the model for large time is shown as well as the dependence and sensitivity of the model on some of the parameters. Some numerical examples of the full model are then presented together with a proof of the uniqueness of the solution

Quantum inequalities and `quantum interest' as eigenvalue problems

Quantum inequalities (QI's) provide lower bounds on the averaged energy density of a quantum field. We show how the QI's for massless scalar fields in even dimensional Minkowski space may be reformulated in terms of the positivity of a certain self-adjoint operator - a generalised Schroedinger operator with the energy density as the potential - and hence as an eigenvalue problem. We use this idea to verify that the energy density produced by a moving mirror in two dimensions is compatible with the QI's for a large class of mirror trajectories. In addition, we apply this viewpoint to the `quantum interest conjecture' of Ford and Roman, which asserts that the positive part of an energy density always overcompensates for any negative components. For various simple models in two and four dimensions we obtain the best possible bounds on the `quantum interest rate' and on the maximum delay between a negative pulse and a compensating positive pulse. Perhaps surprisingly, we find that - in four dimensions - it is impossible for a positive delta-function pulse of any magnitude to compensate for a negative delta-function pulse, no matter how close together they occur.Comment: 18 pages, RevTeX. One new result added; typos fixed. To appear in Phys. Rev.

Rotating traversable wormholes

The general form of a stationary, axially symmetric traversable wormhole is discussed. This provides an explicit class of rotating wormholes that generalize the static, spherically symmetric ones first considered by Morris and Thorne. In agreement with general analyses, it is verified that such a wormhole generically violates the null energy condition at the throat. However, for suitable model wormholes, there can be classes of geodesics falling through it which do not encounter any energy-condition-violating matter. The possible presence of an ergoregion surrounding the throat is also noted.Comment: 15 pages, harvmac; 1 figure in PicTeX; minor changes; to appear in Phys. Rev.

Pre-diagnosis plasma immune markers and risk of non-Hodgkin lymphoma in two prospective cohort studies

Inflammation and B-cell hyperactivation have been associated with non-Hodgkin lymphoma development. This prospective analysis aimed to further elucidate pre-diagnosis plasma immune marker profiles associated with non-Hodgkin lymphoma risk. We identified 598 incident lymphoma cases and 601 matched controls in Nurses\u27 Health Study and Health Professionals Follow-up Study participants with archived pre-diagnosis plasma samples and measured 13 immune marker levels with multiplexed immunoassays. Using multivariable logistic regression we calculated odds ratios and 95% confidence intervals per standard deviation unit increase in biomarker concentration for risk of non-Hodgkin lymphoma and major histologic subtype, stratifying additional models by years ( \u3c 5, 5 to \u3c 10, \u3e /=10) after blood draw. Soluble interleukin-2 receptor-alpha, CXC chemokine ligand 13, soluble CD30, and soluble tumor necrosis factor receptor-2 were individually positively associated, and B-cell activating factor of the tumor necrosis factor family inversely associated, with all non-Hodgkin lymphoma and one or more subtypes. The biomarker combinations associated independently with lymphoma varied somewhat by subtype and years after blood draw. Of note, the unexpected inverse association between B-cell activating factor and chronic lymphocytic leukemia/small lymphocytic lymphoma risk (odds ratio: 95% confidence interval: 0.51, 0.43-0.62) persisted more than 10 years after blood draw (odds ratio: 0.70; 95% confidence interval: 0.52-0.93). In conclusion, immune activation precedes non-Hodgkin lymphoma diagnosis by several years. Decreased B-cell activating factor levels may denote nascent chronic lymphocytic leukemia many years pre-diagnosis

Assessment of higher order cognitive skills in undergraduate education: modified essay or multiple choice questions? Research paper

Background: Reliable and valid written tests of higher cognitive function are difficult to produce, particularly for the assessment of clinical problem solving. Modified Essay Questions (MEQs) are often used to assess these higher order abilities in preference to other forms of assessment, including multiple-choice questions (MCQs). MEQs often form a vital component of end-of-course assessments in higher education. It is not clear how effectively these questions assess higher order cognitive skills. This study was designed to assess the effectiveness of the MEQ to measure higher-order cognitive skills in an undergraduate institution. Methods: An analysis of multiple-choice questions and modified essay questions (MEQs) used for summative assessment in a clinical undergraduate curriculum was undertaken. A total of 50 MCQs and 139 stages of MEQs were examined, which came from three exams run over two years. The effectiveness of the questions was determined by two assessors and was defined by the questions ability to measure higher cognitive skills, as determined by a modification of Bloom's taxonomy, and its quality as determined by the presence of item writing flaws. Results: Over 50% of all of the MEQs tested factual recall. This was similar to the percentage of MCQs testing factual recall. The modified essay question failed in its role of consistently assessing higher cognitive skills whereas the MCQ frequently tested more than mere recall of knowledge. Conclusion: Construction of MEQs, which will assess higher order cognitive skills cannot be assumed to be a simple task. Well-constructed MCQs should be considered a satisfactory replacement for MEQs if the MEQs cannot be designed to adequately test higher order skills. Such MCQs are capable of withstanding the intellectual and statistical scrutiny imposed by a high stakes exit examination.Edward J Palmer, Peter G Devit

Spawning Habitat Unsuitability: An Impediment to Cisco Rehabilitation in Lake Michigan?

The cisco Coregonus artedi was one of the most important native prey fishes in Lake Michigan and in the other four Laurentian Great Lakes. Most of the cisco spawning in Lake Michigan was believed to have occurred in Green Bay. The cisco population in Lake Michigan collapsed during the 1950s, and the collapse was attributed in part to habitat degradation within Green Bay. Winter water quality surveys of lower Green Bay during the 1950s and 1960s indicated that the bottom dissolved oxygen (DO) concentration was less than 2 mg/L throughout much of the lower bay, and most cisco eggs would not successfully hatch at such low DO concentrations. To determine present‐day spawning habitat suitability in lower Green Bay, we compared cisco egg survival in lower Green Bay with survival at a reference site (St. Marys River, Michigan–Ontario) during 2009. We also conducted winter water quality surveys in lower Green Bay and the St. Marys River during 2009 and 2010. Cisco egg survival in lower Green Bay averaged 65.3%, which was remarkably similar to and not significantly different from the mean at the St. Marys River site (64.0%). Moreover, the lowest bottom DO concentrations recorded during the winter surveys were 11.2 mg/L in lower Green Bay and 12.7 mg/L in the St. Marys River. These relatively high DO concentrations would not be expected to have any negative effect on cisco egg survival. We conclude that winter water quality conditions in lower Green Bay were suitable for successful hatching of cisco eggs and that water quality during the egg incubation period did not represent an impediment to cisco rehabilitation in Lake Michigan. Our approach to determining spawning habitat suitability for coregonids would be applicable to other aquatic systems.Received May 14, 2011; accepted July 6, 2011Peer Reviewedhttps://deepblue.lib.umich.edu/bitstream/2027.42/142025/1/nafm0905.pd

Uganda's HIV Prevention Success: The Role of Sexual Behavior Change and the National Response

There has been considerable interest in understanding what may have led to Uganda's dramatic decline in HIV prevalence, one of the world's earliest and most compelling AIDS prevention successes. Survey and other data suggest that a decline in multi-partner sexual behavior is the behavioral change most likely associated with HIV decline. It appears that behavior change programs, particularly involving extensive promotion of “zero grazing” (faithfulness and partner reduction), largely developed by the Ugandan government and local NGOs including faith-based, women’s, people-living-with-AIDS and other community-based groups, contributed to the early declines in casual/multiple sexual partnerships and HIV incidence and, along with other factors including condom use, to the subsequent sharp decline in HIV prevalence. Yet the debate over “what happened in Uganda” continues, often involving divisive abstinence-versus-condoms rhetoric, which appears more related to the culture wars in the USA than to African social reality