Judicial procedure,as a legal method to exercise the jurisdiction,has become an important element of the legal system construction.To improve the judicial procedure,legal procedure must be strictly complied with to co...Judicial procedure,as a legal method to exercise the jurisdiction,has become an important element of the legal system construction.To improve the judicial procedure,legal procedure must be strictly complied with to complete the proceedings and the legitimate interests of the entities of the parties concerned and participants must be respected and protected.The reform of the judicial procedure system shall be strictly promoted and orderly carried out through scientific and reasonable setting,positive guidance in equal participation of both parties of the proceedings while making use of the security mechanism of supervision and restriction.展开更多
Legitimate defense plays an important role in curbing crimes,maintaining public order and fostering good moral conduct.In China’s judicial practice,cases on legitimate defense raised several controversies on the natu...Legitimate defense plays an important role in curbing crimes,maintaining public order and fostering good moral conduct.In China’s judicial practice,cases on legitimate defense raised several controversies on the nature of legitimate defense,limits of excessive defense and the applicable objects and definition of special defense.The nature of legitimate defense mainly involves defense intention,defense object,defense time and other factors.The defense intention is an important sign to differ the legitimate defense from the illegitimate defense.The object of legitimate defense can only be the unlawful infringer and the actor can only prevent the ongoing illegal infringement.The existence of unlawful infringement of reality is a prerequisite for legitimate defense to be exercised.The unlawful infringement that is justified by defense should be illegal,invasive,urgency and realistic.As an unlawful infringement,the excessive defense needs to be distinguished from the legitimate defense in terms of the defense limit.As for the “necessary limit”,in principle,it means the necessary defense can stop the present unlawful infringement,and there is an obvious difference between the illegitimate defense and legitimate defense in terms of the means of the actor and the intensity of behavior.Defense behavior shall be treated as excessive defense only if it “obviously exceeds necessary limit” and “cause great harm” at the same time.The key to apply the special defense lies in the accurate understanding of the applicable object of special defense,that is,special defense can only be applied to “ongoing physical assault,murder,robbery,rape,kidnap and other violent crimes that seriously endanger personal safety”.展开更多
When important social rights and interests of any citizens cannot be protected by public power in time,they can adopt extreme means to protect personal interests from infringement by criminal act.However,in judicial p...When important social rights and interests of any citizens cannot be protected by public power in time,they can adopt extreme means to protect personal interests from infringement by criminal act.However,in judicial practice,some defensive behavior maintaining personal legal rights and interests,even some brave acts for a just cause,are deemed to be over defense or intentional crime.Looking at the actual situation of judicial practice in China,the number of cases identified as justifiable defense is even less.In the face of such judicial dilemma,scientific judicial concept shall be established in the judicial practice so as to accurately explain and apply to the provisions of laws and judicial interpretations related to justifiable defense.Through formation of authoritative cases,interpret the constitution conditions of justifiable defense,form binding judicial rules and strictly distinguish between justifiable defense,excessive defense and intentional crime so as to restrain subsequent similar cases.展开更多
Judicial experience refers to the knowledge and expertise of the judicial staff which is accumulated during the complex judicial activities,so it makes up the deficiency of the statute law,standardizes the discretion ...Judicial experience refers to the knowledge and expertise of the judicial staff which is accumulated during the complex judicial activities,so it makes up the deficiency of the statute law,standardizes the discretion of the judge,ensures the applicability of the law and improves the judicial efficiency. Due to the shortcomings of the case referral system and the judicial interpretation system,it is suggested in the paper that the action mode of the judicial experience be improved through announcing guiding cases,strengthening the guidance of guiding cases and establishing the guarantee mechanism of guiding cases.展开更多
The supervisory system and the examination system are two indigenous political systems of China,and the former has a longer history than the latter when it comes to the origin.Having inherited the essence of the super...The supervisory system and the examination system are two indigenous political systems of China,and the former has a longer history than the latter when it comes to the origin.Having inherited the essence of the supervisory system since the Qin Dynasty,the supervisory rules in the Ming Dynasty opened a new chapter of legal thoughts of monitoring.This paper started with the design of the supervisory institutions in the Ming Dynasty recorded in the historical materials such as the Memoir of Ming Dynasty and The Interpretive Supplements to"The Great Learning",to get a glimpse of the main content of the legal thoughts of supervisory at that time,and tried to"take history as a mirror"to provide insights and lessons of the legal thoughts of supervisory in the Ming Dynasty for the later generations.展开更多
The author has observed the epithelium and basement membrane of uterus, oviduct and fimbriae in mice under the TEM by oral administration of AgNo<sub>3</sub> tracer. The results showed that there was obvio...The author has observed the epithelium and basement membrane of uterus, oviduct and fimbriae in mice under the TEM by oral administration of AgNo<sub>3</sub> tracer. The results showed that there was obvious deposit of argentum granules outside the basement membrane of mucosal epithelium of the uterus, oviduct and fimbriae as well as outside the basement membrane of uterine glands. And there was dilatation fully filled with high electron-dense argentum granules at the intercellular space just beneath the tight junction between the mucosal epithelial cells of uterus, oviduet, fimbriae. All these finding suggest that the uterus, oviduct and fimbriae serve as barriers to the heavy metal argentum ions.展开更多
Two mathematical models are developed in this paper to study the effectiveness of system administration efforts on the improvement of system availability, based on the assumption that there exists a transitional state...Two mathematical models are developed in this paper to study the effectiveness of system administration efforts on the improvement of system availability, based on the assumption that there exists a transitional state for a computer system in operation before it is brought down by some hardware or software problems and with intensified system administration efforts, it is possible to discover and fix the problems in time to bring the system back to normal state before it is down. Markov chain is used to simulate the transition of system states. A conclusion is made that increasing system administration efforts may be a cost-effective way to meet the requirements for moderate improvement on system availability, but higher demand on this aspect still has to be met by advanced technologies.展开更多
Interleukin-12, a heterodimer produced mainlyby antigen presenting cells (APCs), plays vital rolesin the induction of Thl-mediated immune responsesand has the potential to treat cancer and infectiousdiseases. Systemic...Interleukin-12, a heterodimer produced mainlyby antigen presenting cells (APCs), plays vital rolesin the induction of Thl-mediated immune responsesand has the potential to treat cancer and infectiousdiseases. Systemic administration of IL-12 wasobserved to be associated with severe toxicity. To takefull advantage of its immunoregulatory activities andminimize its toxicities, local administration of IL-12may be the ideal approach. Intratumoral injection展开更多
Coke was undoubtedly a milestone in the history of the legal thoughts in Britain and even in the whole western world.Coke stressed the restriction of royalty and the suprem e status of the common law.In the British Pa...Coke was undoubtedly a milestone in the history of the legal thoughts in Britain and even in the whole western world.Coke stressed the restriction of royalty and the suprem e status of the common law.In the British Parliament’s struggle against the monarchy in the 17th century,he put forward the creative constitutional ideas about independence of judges and judicial review,advocating the protection of due process and the civil rights,which provided valuable ideological inspiration especially for the development of judicial review and the due process in the U.S.C onstitution.Just as the saying goes,"the old farmland would grow out new grain",looking back on traditional legal thoughts is im portant to the construction of a legal country for the present China.展开更多
Since 1980, many Chinese scientists haveinvestigated the somatic cell therapy and started thebasic research on gene therapy. From 1990’ s, someimportant advances in gene therapy research havebeen achieved in China. F...Since 1980, many Chinese scientists haveinvestigated the somatic cell therapy and started thebasic research on gene therapy. From 1990’ s, someimportant advances in gene therapy research havebeen achieved in China. For example, the clinicaltrial of hemophilia B was approved in China andpublished in Human Gene Therapy. Many originalpapers have been published in the internationaljournals. Many gene therapy research projects havebeen funded by the National N atural ScienceFoundation and National High BiotechnologyFoundation. The National High BiotechnologyFoundation has supportcd 10 gene therapy展开更多
文摘Judicial procedure,as a legal method to exercise the jurisdiction,has become an important element of the legal system construction.To improve the judicial procedure,legal procedure must be strictly complied with to complete the proceedings and the legitimate interests of the entities of the parties concerned and participants must be respected and protected.The reform of the judicial procedure system shall be strictly promoted and orderly carried out through scientific and reasonable setting,positive guidance in equal participation of both parties of the proceedings while making use of the security mechanism of supervision and restriction.
基金the Supreme People’s Procuratorate Procuratorial Theory Research Project in 2018—“Study on the System of Sentencing Suggestions in Pleasant Plea”(GJ2018D26)
文摘Legitimate defense plays an important role in curbing crimes,maintaining public order and fostering good moral conduct.In China’s judicial practice,cases on legitimate defense raised several controversies on the nature of legitimate defense,limits of excessive defense and the applicable objects and definition of special defense.The nature of legitimate defense mainly involves defense intention,defense object,defense time and other factors.The defense intention is an important sign to differ the legitimate defense from the illegitimate defense.The object of legitimate defense can only be the unlawful infringer and the actor can only prevent the ongoing illegal infringement.The existence of unlawful infringement of reality is a prerequisite for legitimate defense to be exercised.The unlawful infringement that is justified by defense should be illegal,invasive,urgency and realistic.As an unlawful infringement,the excessive defense needs to be distinguished from the legitimate defense in terms of the defense limit.As for the “necessary limit”,in principle,it means the necessary defense can stop the present unlawful infringement,and there is an obvious difference between the illegitimate defense and legitimate defense in terms of the means of the actor and the intensity of behavior.Defense behavior shall be treated as excessive defense only if it “obviously exceeds necessary limit” and “cause great harm” at the same time.The key to apply the special defense lies in the accurate understanding of the applicable object of special defense,that is,special defense can only be applied to “ongoing physical assault,murder,robbery,rape,kidnap and other violent crimes that seriously endanger personal safety”.
文摘When important social rights and interests of any citizens cannot be protected by public power in time,they can adopt extreme means to protect personal interests from infringement by criminal act.However,in judicial practice,some defensive behavior maintaining personal legal rights and interests,even some brave acts for a just cause,are deemed to be over defense or intentional crime.Looking at the actual situation of judicial practice in China,the number of cases identified as justifiable defense is even less.In the face of such judicial dilemma,scientific judicial concept shall be established in the judicial practice so as to accurately explain and apply to the provisions of laws and judicial interpretations related to justifiable defense.Through formation of authoritative cases,interpret the constitution conditions of justifiable defense,form binding judicial rules and strictly distinguish between justifiable defense,excessive defense and intentional crime so as to restrain subsequent similar cases.
文摘Judicial experience refers to the knowledge and expertise of the judicial staff which is accumulated during the complex judicial activities,so it makes up the deficiency of the statute law,standardizes the discretion of the judge,ensures the applicability of the law and improves the judicial efficiency. Due to the shortcomings of the case referral system and the judicial interpretation system,it is suggested in the paper that the action mode of the judicial experience be improved through announcing guiding cases,strengthening the guidance of guiding cases and establishing the guarantee mechanism of guiding cases.
基金Scientific Planning Project of Tianjin Philosophy and Social Science Monitoring the legal system and political trend-Research on the relationship between the Duchayuan during Tianqi period and the political situation of the late Ming DynastyProject No.TJFX19-002。
文摘The supervisory system and the examination system are two indigenous political systems of China,and the former has a longer history than the latter when it comes to the origin.Having inherited the essence of the supervisory system since the Qin Dynasty,the supervisory rules in the Ming Dynasty opened a new chapter of legal thoughts of monitoring.This paper started with the design of the supervisory institutions in the Ming Dynasty recorded in the historical materials such as the Memoir of Ming Dynasty and The Interpretive Supplements to"The Great Learning",to get a glimpse of the main content of the legal thoughts of supervisory at that time,and tried to"take history as a mirror"to provide insights and lessons of the legal thoughts of supervisory in the Ming Dynasty for the later generations.
文摘The author has observed the epithelium and basement membrane of uterus, oviduct and fimbriae in mice under the TEM by oral administration of AgNo<sub>3</sub> tracer. The results showed that there was obvious deposit of argentum granules outside the basement membrane of mucosal epithelium of the uterus, oviduct and fimbriae as well as outside the basement membrane of uterine glands. And there was dilatation fully filled with high electron-dense argentum granules at the intercellular space just beneath the tight junction between the mucosal epithelial cells of uterus, oviduet, fimbriae. All these finding suggest that the uterus, oviduct and fimbriae serve as barriers to the heavy metal argentum ions.
基金This project was supported by the National Key program of Science and Technology(99-A29-0101).
文摘Two mathematical models are developed in this paper to study the effectiveness of system administration efforts on the improvement of system availability, based on the assumption that there exists a transitional state for a computer system in operation before it is brought down by some hardware or software problems and with intensified system administration efforts, it is possible to discover and fix the problems in time to bring the system back to normal state before it is down. Markov chain is used to simulate the transition of system states. A conclusion is made that increasing system administration efforts may be a cost-effective way to meet the requirements for moderate improvement on system availability, but higher demand on this aspect still has to be met by advanced technologies.
文摘Interleukin-12, a heterodimer produced mainlyby antigen presenting cells (APCs), plays vital rolesin the induction of Thl-mediated immune responsesand has the potential to treat cancer and infectiousdiseases. Systemic administration of IL-12 wasobserved to be associated with severe toxicity. To takefull advantage of its immunoregulatory activities andminimize its toxicities, local administration of IL-12may be the ideal approach. Intratumoral injection
基金the staged achievement of the key program of the national social sciences fund-On the Development Road of Human Rights with Chinese Characteristics(No.:11AZD044)
文摘Coke was undoubtedly a milestone in the history of the legal thoughts in Britain and even in the whole western world.Coke stressed the restriction of royalty and the suprem e status of the common law.In the British Parliament’s struggle against the monarchy in the 17th century,he put forward the creative constitutional ideas about independence of judges and judicial review,advocating the protection of due process and the civil rights,which provided valuable ideological inspiration especially for the development of judicial review and the due process in the U.S.C onstitution.Just as the saying goes,"the old farmland would grow out new grain",looking back on traditional legal thoughts is im portant to the construction of a legal country for the present China.
文摘Since 1980, many Chinese scientists haveinvestigated the somatic cell therapy and started thebasic research on gene therapy. From 1990’ s, someimportant advances in gene therapy research havebeen achieved in China. For example, the clinicaltrial of hemophilia B was approved in China andpublished in Human Gene Therapy. Many originalpapers have been published in the internationaljournals. Many gene therapy research projects havebeen funded by the National N atural ScienceFoundation and National High BiotechnologyFoundation. The National High BiotechnologyFoundation has supportcd 10 gene therapy
