139 research outputs found
Empirical Analyses of the Third Party of Contract：A Response to the Controversy over the Existence of Contracts for the Third Party Benefits
No full text吴旭莉，厦门大学法学院助理教授，法学博士。【中文摘要】传统民法理论强调合同相对性原则，原则上仅承认合同于当事人间发生效力。从现代合同立法及司法实践看，合同第三人的法律地位皆得以认可或实践。我国司法实践中存在着大量涉及第三人的合同，但合同法中的相关规定却过于简单。以第三人在合同履行中的作用是接受履行还是实践履行作为标准，对我国合同第三人的存在情形进行分类，可较全面探析第三人在合同中的权利和义务。从《合同法》第64条在《合同法》体系中的定位、内容及最高人民法院的司法解释来看，我国并未形成第三人利益合同制度。鉴于此类合同确实存在及相关立法规范的缺失，在未来合同立法中有必要加以规范，以完善合同制度。
【Abstract】The privity of contract is emphasized in traditional civil law theory，which means that a contract is effective only between the parties who enter into the contract . However, contemporary contract legislation and judicial practice have shown that the legal status of the third parly of contract (TPOC) has been recognized or put into practice. In China, there are many contracts involving TPOC in judicial practice, but the stipulations regarding TPOC are too simple in The Contract Law. This paper argues that the rights and obligations of TPOC can be examined more comprehensively if we classify the various forms of existence of TPOC based on the distinction between the role of TPOC being to accept or materialize the execution of the contract concerned. The position and content of Article 64 in The Contract Law and the relevant judicial interpretations of PRC's Supreme People's Court all point to the lack of institutionalization of contracts for benefits to TPOC despite the existence of such contracts. It is suggested that when amending The Contract Law stipulations regarding TPOC should be provided to make our Contract Law more comprehensiv
A multiquadric quasi-interpolation with linear reproducing and preserving monotonicity
No full textAbstractIn this paper, we develop a multiquadric (MQ) quasi-interpolation which has the properties of linear reproducing and preserving monotonicity. Moreover, we give its approximation error by theoretic analysis and illustrate the effect by means of two examples. One of the examples is to approach the linear combination of two sine functions with different frequencies. Another is to approximate a function with discontinuity. From the results of the examples, we believe that the present MQ quasi-interpolation is feasible
Hormonal Regulation and Stimulation Response of Jatropha curcas L. Homolog Overexpression on Tobacco Leaf Growth by Transcriptome Analysis
No full textThe Flowering locus T (FT) gene encodes the florigen protein, which primarily regulates the flowering time in plants. Recent studies have shown that FT genes also significantly affect plant growth and development. The FT gene overexpression in plants promotes flowering and suppresses leaf and stem development. This study aimed to conduct a transcriptome analysis to investigate the multiple effects of Jatropha curcas L. homolog (JcFT) overexpression on leaf growth in tobacco plants. The findings revealed that JcFT overexpression affected various biological processes during leaf development, including plant hormone levels and signal transduction, lipid oxidation metabolism, terpenoid metabolism, and the jasmonic-acid-mediated signaling pathway. These results suggested that the effects of FT overexpression in plants were complex and multifaceted, and the combination of these factors might contribute to a reduction in the leaf size. This study comprehensively analyzed the effects of JcFT on leaf development at the transcriptome level and provided new insights into the function of FT and its homologous genes
Efficacy of Invariant Natural Killer T Cell Infusion Plus Transarterial Embolization vs Transarterial Embolization Alone for Hepatocellular Carcinoma Patients: A Phase 2 Randomized Clinical Trial
No full textJia Guo,1 Xuli Bao,1 Fuquan Liu,2 Jiang Guo,3 Yifan Wu,2 Fang Xiong,1 Jun Lu1 1Hepatology and Cancer Biotherapy Ward, Beijing YouAn Hospital, Capital Medical University, Beijing, People’s Republic of China; 2Department of Interventional Therapy, Beijing Shijitan Hospital, Capital Medical University, Beijing, People’s Republic of China; 3Department of Interventional Therapy, Beijing Ditan Hospital, Capital Medical University, Beijing, People’s Republic of ChinaCorrespondence: Jun Lu, Hepatology and Cancer Biotherapy Ward, Beijing YouAn Hospital, Capital Medical University, No. 8, Xi Tou Tiao, Youan Men Wai, Fengtai District, Beijing, 10069, People’s Republic of China, Tel +86-010-83997153, Fax +86-010-83997000, Email [email protected]: Invariant NKT cells (iNKT) are CD1d-restricted T cells with the capacity of antitumor immunity. The safety of autologous iNKT cell treatment in hepatocellular carcinoma (HCC) has been verified. This study aimed to investigate its efficacy in advanced HCC after transarterial chemoembolization (TACE) failure.Patients and methods: This open-label, randomized, controlled, trial enrolled 60 patients with unresectable HCC after TACE failure at three centers. Transarterial embolization (TAE) was used instead of TACE to protect iNKT cell function. Patients were randomly assigned (1:1) to receive TAE therapy with (TAE–iNKT) or without (TAE) biweekly iNKT cell infusion. The primary endpoint was progression-free survival (PFS). Secondary endpoints included overall survival (OS), objective response rate (ORR), disease control rate (DCR), quality of life (QoL), peripheral blood cell count, and safety.Results: Fifty-four patients completed the study. Median PFS was significantly higher in TAE–iNKT patients (5.7 months [95% CI, 4.3– 7.0 months]) compared with TAE patients (2.7 months [95% CI, 2.3– 3.2 months]; hazard ratio 0.32 [95% CI, 0.16– 0.63]; P< 0.001). Higher ORR and DCR were observed in TAE–iNKT patients (52% and 85%, respectively) compared with TAE patients (11% and 33%; respectively). Five TAE–iNKT patients and 1 TAE patient achieved completed response. The median time to deterioration in QoL was longer in TAE–iNKT patients (9.2 months [95% CI, 6.0– 13.3 months]) compared with TAE patients (3.0 months [95% CI, 2.9– 3.0 months]). The mean lymphocytes were higher in the TAE-iNKT group than in the TAE group at 8 (1.48 vs 0.95× 109/L, P = 0.007) and 12 (1.49 vs 0.89× 109/L, P = 0.001) weeks. Grade 3 adverse events occurred in 1 TAE-iNKT patient (4%) and 5 TAE patients (19%). All the other adverse events were grade 1– 2.Conclusion: iNKT cell infusion significantly improved PFS, ORR, DCR, and QoL with manageable toxicity during TAE therapy in patients with HCC. Trial Registration ClinicalTrials.gov Identifier: NCT04011033.Keywords: hepatocellular carcinoma, invariant natural killer T cell, transarterial embolization, progression-free surviva
Nutritional, functional, and allergenic properties of silkworm pupae
No full textEdible insects are a food source that has high nutritional value. Domestic silkworm pupae are an important by-product of sericulture and have a long history as food and feed ingredients in East Asia. Silkworm pupae are a good source of protein, lipids, minerals, and vitamins and are considered a good source of nutrients for humans. Silkworm pupae are a valuable insect source of substances used in healthcare products, medicines, food additives, and animal feed. Because silkworm pupae are being increasingly used in the human diet, potential allergic reactions to the substances they contain must be elucidated. Here, we present an overview of the benefits of silkworm pupae. First, we describe their nutritional value. Second, we report their functional properties and applications, focusing on their potential use in the food and pharmaceutical industries. Finally, we consider the current state of research regarding silkworm pupae-induced allergies
The Genomic Landscape of Crossover Interference in the Desert Tree Populus euphratica
No full textCrossover (CO) interference is a universal phenomenon by which the occurrence of one CO event inhibits the simultaneous occurrence of other COs along a chromosome. Because of its critical role in the evolution of genome structure and organization, the cytological and molecular mechanisms underlying CO interference have been extensively investigated. However, the genome-wide distribution of CO interference and its interplay with sex-, stress-, and age-induced differentiation remain poorly understood. Multi-point linkage analysis has proven to be a powerful tool for landscaping CO interference, especially within species for which CO mutants are rarely available. We implemented four-point linkage analysis to landscape a detailed picture of how CO interference is distributed through the entire genome of Populus euphratica, the only forest tree that can survive and grow in saline desert. We identified an extensive occurrence of CO interference, and found that its strength depends on the length of chromosomes and the genomic locations within the chromosome. We detected high-order CO interference, possibly suggesting a highly complex mechanism crucial for P. euphratica to grow, reproduce, and evolve in its harsh environment
Synthesis of <i>γ</i>-Fe<sub>2</sub>O<sub>3</sub> Nanocubes Decorated Graphene/CdS Nanocomposites with Enhanced Photocatalytic Performance
No full textClinical value of serum neuron-specific enolase in sepsis-associated encephalopathy: a systematic review and meta-analysis
No full textAbstract Objective This study aimed to investigate the serum levels of neuron-specific enolase (NSE) in sepsis-associated encephalopathy (SAE) and perform a meta-analysis to assess the diagnostic and prognostic potential of serum NSE in SAE patients. Methods We searched English and Chinese databases for studies related to SAE that reported serum NSE levels until November 2023. We extracted information from these studies including the first author and year of publication, the number of samples, the gender and age of patients, the collection time of blood samples in patients, the assay method of serum NSE, the study methods, and the levels of serum NSE with units of ng/mL. The quality assessment of diagnostic accuracy studies 2 (QUADAS-2) tool was used to evaluate the study quality. A meta-analysis was performed using Review Manager version 5.3, employing either a random effects model or a fixed effects model. Results A total of 17 studies were included in the final meta-analysis, including 682 SAE patients and 946 NE patients. The meta-analysis demonstrated significantly higher serum NSE levels in SAE patients compared to NE patients (Z = 5.97, P < 0.001, MD = 7.79, 95%CI 5.23–10.34), irrespective of the method used for serum NSE detection (Z = 6.15, P < 0.001, mean difference [MD] = 7.75, 95%CI 5.28–10.22) and the study methods (Z = 5.97, P < 0.001, MD = 7.79, 95%CI 5.23–10.34). Furthermore, sepsis patients with a favorable outcome showed significantly lower levels of serum NSE compared to those with an unfavorable outcome (death or adverse neurological outcomes) (Z = 5.44, P < 0.001, MD = − 5.34, 95%CI − 7.26–3.42). Conclusion The Serum level of NSE in SAE patients was significantly higher than that in septic patients without encephalopathy. The higher the serum NSE level in SAE patients, the higher their mortality rate and incidence of adverse neurological outcomes
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