Punitive Damages Under the New Chinese Civil Code – A Critical and Comparative Analysis

Punitive damages have their roots in the common law system. Recently, punitive damages have been increasingly discussed also in non-common law jurisdictions. This Article scrutinizes whether it is viable for a jurisdiction with a civilian legal system to adopt punitive damages in the realm of tort law. It is argued that societal development has brought unprecedented challenges to tort law where merely compensatory damages can no longer provide sufficient remedies to victims. We conduct research mainly from the perspective of China, which has been very progressive in introducing punitive damages into various areas of private law in the past decades and recently codified it in its new Chinese Civil Code. The discussion of Chinese law is proceeded with a comparison with the German law, which is also a civilian legal system that used to have a great influence on the making of Chinese law. We find that the German private law put much emphasis on disgorgement damages, while the Chinese legislator put his trust in punitive damages. German disgorgement damages and Chinese punitive damages focus both on the avoidance of efficient breaches of ubiquitous individual legal rights, such as personality rights or intellectual property rights, but the Chinese legislator makes punitive damages also available in several other legal situations. We provide recommendations for the future implementation of the Chinese punitive damages law in order to maintain a balance between efficient protection for claimants and sanctions on wrongdoers

Negative Regulation of Hepatitis C Virus Specific Immunity Is Highly Heterogeneous and Modulated by Pegylated Interferon-Alpha/Ribavirin Therapy

Specific inhibitory mechanisms suppress the T-cell response against the hepatitis C virus (HCV) in chronically infected patients. However, the relative importance of suppression by IL-10, TGF-β and regulatory T-cells and the impact of pegylated interferon-alpha and ribavirin (PegIFN-α/ribavirin) therapy on these inhibitory mechanisms are still unclear. We revealed that coregulation of the HCV-specific T-cell responses in blood of 43 chronic HCV patients showed a highly heterogeneous pattern before, during and after PegIFN-α/ribavirin. Prior to treatment, IL-10 mediated suppression of HCV-specific IFN-γ production in therapy-naive chronic HCV patients was associated with higher HCV-RNA loads, which suggests that protective antiviral immunity is controlled by IL-10. In addition, as a consequence of PegIFN-α/ribavirin therapy, negative regulation of especially HCV-specific IFN-γ production by TGF-β and IL-10 changed dramatically. Our findings emphasize the importance of negative regulation for the dysfunctional HCV-specific immunity, which should be considered in the design of future immunomodulatory therapies

Monocytes from chronic HBV patients react in vitro to HBsAg and TLR by producing cytokines irrespective of stage of disease

Individuals who are chronically infected with the hepatitis B virus (HBV) are highly heterogenous with respect to serum levels of HBV DNA, HBV particles and viral proteins. Since circulating leukocytes, such as monocytes, are constantly exposed to these viral components, it is likely that the functionality of these cells is affected. However, at present, little information is available on the consequences of the interaction between monocytes and viral components. Therefore, we examined the in vitro effects of HBV surface antigen (HBsAg) on monocytes and evaluated whether these effects were reflected in vivo. We observed that in vitro HBsAg exposure of monocytes induced robust production of IL-6 and TNF. However, between chronic HBV patients with distinct levels of serum HBsAg, HBV early antigen (HBeAg), and HBV DNA, TLR-induced monocyte cytokine production did not differ. Importantly, HBsAg-induced cytokine production by monocytes was similar between patients and healthy controls showing that earlier in vivo exposure to HBsAg does not affect the in vitro response. Additionally, we show that IL-10 is able to inhibit cytokine production by HBsAg-induced monocytes. In conclusion, we demonstrate that monocytes can recognize and respond to HBsAg, resulting in vigorous pro-inflammatory cytokine production in vitro. However, phenotype and function of the monocyte compartment in chronic HBV patients are not influenced by differences in levels of serum viral components, suggesting that regulatory mechanisms are active to avoid excessive in vivo monocyte activation

Is a short-stage protocol during an incremental exercise test reliable for heart rate variability threshold analysis?

Aim: Heart rate variability threshold (HRVT) is a valid method to determine parasympathetic depression during an incremental exercise test (IET). However, HRVT is usually assessed using the last 60s of each 180s stage of an IET, resulting in longer and demotivating tests. This study aimed to evaluate the agreement of HRVT analysis adopting the first and second minute of R-R interval (iRR) segment comparatively to a standard third-minute segment obtained at each 3-min stage on IET. Methods: Seventeen young male subjects (22.2 ± 3.1 years; 23.4 ± 2.3 kg/m2) underwent IET on a cycle ergometer. HRVT was considered the load corresponding to the point of stabilization of the SD1 index (HRVTV), or the first load with SD1 value < 3ms (HRVT<3), both assessed by the 1st (HRVT1V, HRVT1<3), 2nd (HRVT2V, HRVT2<3) and standard 3rd (HRVT3V, HRVT3<3) 60s iRR segment analyzed at each stage of IET. Agreement and reliability were assessed by the Bland-Altman analysis and the intraclass correlation coefficient (ICC), respectively. Results: High reliability and non-significant bias were observed considering HRVT1V vs HRVT3V (ICC = 0.92; p = 0.18) or HRVT2V vs HRVT3V (ICC = 0.94; p = 0.99). However, lower reliability was observed for HRVT1<3 vs HRVT3<3 (ICC = 0.79; p = 0.75) and for HRVT2<3 vs HRVT3<3 (ICC = 0.91; p = 0.33). Conclusion: HRVT can be similarly assessed by the 1st, 2nd or 3rd 60 seconds iRR segment, mainly when assessed by a visual method

Rapid Identification of a Scalable Catalyst for the Asymmetric Hydrogenation of a Sterically Demanding Aryl Enamide

High throughput screening was used to find a cost-effective and scalable catalyst for the asymmetric hydrogenation of a sterically demanding enamide as an intermediate towards a new potent melanocortin receptor agonist useful in the treatment of obesity. Lessons drawn from the testing of a first library of 96 chiral monodentate phosphoramidites led to the design of a second focused library of 16 chiral ligands, allowing the discovery of a new efficient catalyst. This catalyst was based on rhodium and a bulky monodentate phosphite ligand. The catalyst was scaled up and used in the kilogram production of the desired bulky chiral amide

On the role of the magnetic dipolar interaction in cold and ultracold collisions: Numerical and analytical results for NH(3Σ−^3\Sigma^-) + NH(3Σ−^3\Sigma^-)

We present a detailed analysis of the role of the magnetic dipole-dipole interaction in cold and ultracold collisions. We focus on collisions between magnetically trapped NH molecules, but the theory is general for any two paramagnetic species for which the electronic spin and its space-fixed projection are (approximately) good quantum numbers. It is shown that dipolar spin relaxation is directly associated with magnetic-dipole induced avoided crossings that occur between different adiabatic potential curves. For a given collision energy and magnetic field strength, the cross-section contributions from different scattering channels depend strongly on whether or not the corresponding avoided crossings are energetically accessible. We find that the crossings become lower in energy as the magnetic field decreases, so that higher partial-wave scattering becomes increasingly important \textit{below} a certain magnetic field strength. In addition, we derive analytical cross-section expressions for dipolar spin relaxation based on the Born approximation and distorted-wave Born approximation. The validity regions of these analytical expressions are determined by comparison with the NH + NH cross sections obtained from full coupled-channel calculations. We find that the Born approximation is accurate over a wide range of energies and field strengths, but breaks down at high energies and high magnetic fields. The analytical distorted-wave Born approximation gives more accurate results in the case of s-wave scattering, but shows some significant discrepancies for the higher partial-wave channels. We thus conclude that the Born approximation gives generally more meaningful results than the distorted-wave Born approximation at the collision energies and fields considered in this work.Comment: Accepted by Eur. Phys. J. D for publication in Special Issue on Cold Quantum Matter - Achievements and Prospects (2011