Criminal Liability of Arbitrators in China: Analysis and Proposals for Reform

This article is prompted by a Chinese criminal provision governing the impartiality of arbitration. The goals of the article are to critically examine the criminal statute created by the provision and to put forward some proposals for reform, which can be employed to resolve the tension that exists between arbitrator impartiality and deference to arbitration. Although the provision appears to eliminate the abuse of arbitral power, it may raise more questions than it resolves. This article explores the problems and undertakes a comparative analysis of the corresponding United States provision as well as an analysis of some cultural and traditional elements influencing the criminal statute in China. Ultimately, this article argues that the concerns can be addressed by fine-tuning the rule in order to keep a balance between the previous two conflicting values. Borrowing from U.S. experience, this article proposes a mechanism of judicial interpretation. When contemplating the judicial interpretation, four aspects need to be taken into consideration: private prosecution, criminal liability for the neutral arbitrator, civil liability, and a detailed definition of the criminal provision. Considering these aspects of judicial interpretation will ensure that China can retain the benefits of arbitration without sacrificing impartiality

Low Gene Expression of Bone Morphogenetic Protein 7 in Brainstem Astrocytes in Major Depression

The noradrenergic locus coeruleus (LC) is the principal source of brain norepinephrine, a neurotransmitter thought to play a major role in the pathology of major depressive disorder (MDD) and in the therapeutic action of many antidepressant drugs. The goal of this study was to identify potential mediators of brain noradrenergic dysfunction in MDD. Bone morphogenetic protein 7 (BMP7), a member of the transforming growth factor-β superfamily, is a critical mediator of noradrenergic neuron differentiation during development and has neurotrophic and neuroprotective effects on mature catecholaminergic neurons. Real-time PCR of reversed transcribed RNA isolated from homogenates of LC tissue from 12 matched pairs of MDD subjects and psychiatrically normal control subjects revealed low levels of BMP7 gene expression in MDD. No differences in gene expression levels of other members of the BMP family were observed in the LC, and BMP7 gene expression was normal in the prefrontal cortex and amygdala in MDD subjects. Laser capture microdissection of noradrenergic neurons, astrocytes, and oligodendrocytes from the LC revealed that BMP7 gene expression was highest in LC astrocytes relative to the other cell types, and that the MDD-associated reduction in BMP7 gene expression was limited to astrocytes. Rats exposed to chronic social defeat exhibited a similar reduction in BMP7 gene expression in the LC. BMP7 has unique developmental and trophic actions on catecholamine neurons and these findings suggest that reduced astrocyte support for pontine LC neurons may contribute to pathology of brain noradrenergic neurons in MDD

Dopamine Receptor Gene Expression in Human Amygdaloid Nuclei: Elevated D4 Receptor mRNA in Major Depression

Previous findings from this laboratory demonstrating changes in dopamine (DA) transporter and D2 receptors in the amygdaloid complex of subjects with major depression indicate that disruption of dopamine neurotransmission to the amygdala may contribute to behavioral symptoms associated with depression. Quantitative real-time RT-PCR was used to investigate the regional distribution of gene expression of DA receptors in the human amygdala. In addition, relative levels of mRNA of DA receptors in the basal amygdaloid nucleus were measured postmortem in subjects with major depression and normal control subjects. All five subtypes of DA receptor mRNA were detected in all amygdaloid subnuclei, although D1, D2, and D4 receptor mRNAs were more abundant than D3 and D5 mRNAs by an order of magnitude. The highest level of D1 mRNA was found in the central nucleus, whereas D2 mRNA was the most abundant in the basal nucleus. Levels of D4 mRNA were highest in the basal and central nuclei. In the basal nucleus, amounts of D4, but not D1 or D2, mRNAs were significantly higher in subjects with major depression as compared to control subjects. These findings demonstrate that the D1, D2 and D4 receptors are the major subtypes of DA receptors in the human amygdala. Elevated DA receptor gene expression in depressive subjects further implicates altered dopaminergic transmission in the amygdala in depression

Fabrication of Three-Dimensionally Ordered Nanostructured Materials Through Colloidal Crystal Templating

The void spaces in colloidal crystals (opals, three-dimensional (3D) close-packed arrays of silica nanospheres) and their replicas are used as templates in the fabrication of new nanostructured materials. 3D ordered nanomeshes and nanosphere arrays are readily obtained by chemical and/or electrochemical methods. Using silica opal templates, metals or polymers are infiltrated into the interstices between the silica nanospheres. Subsequent dissolution of the opals with HF solution produces open 3D mesh structures. Metal (such as Ni, Co, Fe, Pd, Au, Ag, and Cu) and conductive polymer (such as polyaniline) meshes are obtained by electrochemical deposition approach, while the nonconductive polymer (such as poly(methyl methacrylate) (PMMA)) meshes are synthesized by chemical polymerization method. Some new types of meshes are fabricated by the conversion of metal meshes and polymer meshes. NiO meshes are formed by oxidizing Ni meshes in the air. The NiO meshes exhibit higher volume occupation fraction than Ni meshes and the nanocrystalline sizes of NiO particles can be adjusted by the oxidation temperature. Due to the mechanical flexibility of polymer meshes, the compression of PMMA meshes produces deformed PMMA meshes which contain oblate pores. These meshes can be again served as templates to prepare new types of colloidal crystals (nanosphere arrays) and specific nanocomposites. By the use of poorly conductive NiO mesh or PMMA mesh arrays as templates, 3D periodic metal nanosphere arrays, such as those of Ni, Co, Au and Pd, are readily fabricated by the electrodeposition method. Metal/NiO or Metal/PMMA composites can also be obtained if the templates are left intact. The magnetic behavior of metal (such as Ni and Co) meshes and sphere arrays has been investigated. These nanoscale arrays show significantly enhanced coercivities compared with bulk metals, due to the size effect of the nanometer dimensions of the components in meshes and sphere arrays. Angle-dependent magnetic properties of Ni and Co sphere array membranes exhibit out-of-plane anisotropy

Fabrication of Three-Dimensionally Ordered Nanostructured Materials Through Colloidal Crystal Templating

The void spaces in colloidal crystals (opals, three-dimensional (3D) close-packed arrays of silica nanospheres) and their replicas are used as templates in the fabrication of new nanostructured materials. 3D ordered nanomeshes and nanosphere arrays are readily obtained by chemical and/or electrochemical methods. Using silica opal templates, metals or polymers are infiltrated into the interstices between the silica nanospheres. Subsequent dissolution of the opals with HF solution produces open 3D mesh structures. Metal (such as Ni, Co, Fe, Pd, Au, Ag, and Cu) and conductive polymer (such as polyaniline) meshes are obtained by electrochemical deposition approach, while the nonconductive polymer (such as poly(methyl methacrylate) (PMMA)) meshes are synthesized by chemical polymerization method. Some new types of meshes are fabricated by the conversion of metal meshes and polymer meshes. NiO meshes are formed by oxidizing Ni meshes in the air. The NiO meshes exhibit higher volume occupation fraction than Ni meshes and the nanocrystalline sizes of NiO particles can be adjusted by the oxidation temperature. Due to the mechanical flexibility of polymer meshes, the compression of PMMA meshes produces deformed PMMA meshes which contain oblate pores. These meshes can be again served as templates to prepare new types of colloidal crystals (nanosphere arrays) and specific nanocomposites. By the use of poorly conductive NiO mesh or PMMA mesh arrays as templates, 3D periodic metal nanosphere arrays, such as those of Ni, Co, Au and Pd, are readily fabricated by the electrodeposition method. Metal/NiO or Metal/PMMA composites can also be obtained if the templates are left intact. The magnetic behavior of metal (such as Ni and Co) meshes and sphere arrays has been investigated. These nanoscale arrays show significantly enhanced coercivities compared with bulk metals, due to the size effect of the nanometer dimensions of the components in meshes and sphere arrays. Angle-dependent magnetic properties of Ni and Co sphere array membranes exhibit out-of-plane anisotropy

The Chinese Meaning of Just War and Its Impact on the Foreign Policy of the People’s Republic of China

The image of China’s peaceful rise, which the Chinese government is keen to enforce in the world, stands in contrast to the view of China’s ascent as a threat. China’s economic and military growth is perceived as a potential threat to the (East) Asian security structure and as a challenge to the preponderance of the United States. Even though the PRC is more active in international and regional organizations—and better integrated in the international community—than ever before, the ambiguity of China’s true political intentions is still dominant. The focus of this analysis is the Chinese tradition of Just War and its benefits for an enhanced understanding of contemporary Chinese foreign policy. The tradition of Just War has rarely been studied, but the search for an understanding of Just War in Chinese traditional thinking can, nevertheless, assist in the analysis of China’s current foreign policy. Whether China’s foreign policy is benign or malignant or whether China dominates Asia is, therefore, “profoundly uncertain.” With regard to foreign policy analysis, the differentiation between the regional and the international levels might help to transcend the predominant understanding of Chinese foreign policy in international relations theory.China’s foreign policy, Just War theory, Confucianism, harmonious world

Indian reality tourism - a critical perspective

Purpose – The purpose of this paper to find out the tangible potential and opportunities of reality-tourism in India and other parts of the world. Do we expose our nudity, weaknesses and poverty to tourists or can it be used as an unconventional revenue source for local development of such backward areas? Design – The paper defines the concept of reality-tourism which is prevailing in India at a slow pace and provides a critical analyses about pros and cons of this type of tourism. It also analyses the view of all the stakeholders such as the tourists, the tour operators and the people from slum areas. The paper highlights the various means of reality-tourism, the modus operandi, the various factors affecting reality-tourism through a proposed model, ending up with satisfaction level measurement of the all the players involved. Methodology – Based on an extensive literature review, the author proposes a model to check the various criticisms against the reality tourism also calculate the impact of reality tourism on the daily life of slum dwellers with a case study approach followed by descriptive analysis. Findings – The paper finds a positive trend about reality-tourism. Three different case studies reflects three different scenario of reality-tourism in India about their direct and indirect positive impact on daily life routines of slum dwellers, their business, their health and their education. The paper can also serve as a basis for further research to check the authenticity of proposed model and can frame out some better tourism policies for such niche segment of consumers. “Vasudhaive Kutumbkam”- For a prudent person, the whole earth is one family

Re-examining the Meaning of Sunzi’s Bu zhan er qu ren zhi bing 不戰而屈人之兵 and Its Practicality

© 2019, © Monumenta Serica Institute 2019. This article re-examines the meaning of bu zhan er qu ren zhi bing 不戰而屈人之兵, one of the core notions of Sunzi 孫子, and discusses its practicality. The article questions the popularly pacific and defensive view on this expression and refutes the argument that it is an idealistic concept. By analyzing the context and historical background of Sunzi, this article argues that bu zhan er qu ren zhi bing is a realistic strategy developed to adapt to the increasingly fierce competition during the period of the Chunqiu 春秋 (770–5th c. B.C.E). The term can be applied to both offensive and defensive strategies. Its meaning does not equate to but includes subjugating the enemy or frustrating his strategic goals through famou 伐謀 and fajiao 伐交 rather than engaging in decisive battles. Through studying four historical cases from the Chunqiu, this article analyses how to apply famou and fajiao to achieve bu zhan er qu ren zhi bing in practice