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刑法上的等位利益冲突是在具体情形下予以评价的。包括作为义务冲突、不作为义务冲突及作为义务与不作为义务冲突三种情况。等位利益冲突在下述三种情况下是不违法的:(1)为了自己利益。不主动剥夺他人的机会,以此来提高自己的获救机会,同时行为人对他人并无特殊义务;(2)在不可能救助全部等位利益的情况下,救助了尽可能多的利益;(3)如果为了救助家庭成员而未考虑其他的救助义务,行为人为保全自己生命而转移危险,并且受威胁的家庭成员没有基于自由意思自找危险。  相似文献   
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In many Western science systems, funding structures increasingly stimulate academic research to contribute to practical applications, but at the same time the rise of bibliometric performance assessments have strengthened the pressure on academics to conduct excellent basic research that can be published in scholarly literature. We analyze the interplay between these two developments in a set of three case studies of fields of chemistry in the Netherlands. First, we describe how the conditions under which academic chemists work have changed since 1975. Second, we investigate whether practical applications have become a source of credibility for individual researchers. Indeed, this turns out to be the case in catalysis, where connecting with industrial applications helps in many steps of the credibility cycle. Practical applications yield much less credibility in environmental chemistry, where application-oriented research agendas help to acquire funding, but not to publish prestigious papers or to earn peer recognition. In biochemistry practical applications hardly help in gaining credibility, as this field is still strongly oriented at fundamental questions. The differences between the fields can be explained by the presence or absence of powerful upstream end-users, who can afford to invest in academic research with promising long term benefits.  相似文献   
3.
Three physical activity questionnaires were validated against heart rate (HR) monitoring and motion accelerometer data. All three methods were carried out simultaneously on 62 children ages 4–8 years on 4 consecutive days. The questionnaires were filled in by the children's parents and teachers. The reported time of physical activity with moderate to vigorous intensity, expected to increase HR above 140 beats per minute (bpm), correlated with the time of HR ≥ 140 bpm and ≥ 150 bpm (r = .40, p < .01) and with the accelerometer score (r = .53, p < .0001). Correlation between the HR ≥ 140 bpm and accelerometer score was r = .45, p < .001, and between the HR ≥ 150 bpm and accelerometer score, it was r = .41, p < .01  相似文献   
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The notion of dominant designs refers to dominance in the market, hence the literature on dominant designs ignores the selection process that already takes place in pre-market R&D stages of technological innovation. In this paper we address the question to what extent pre-market selection takes place within an industry and how this may lead to dominance of one design over others before the market comes into play. Furthermore we study what selection criteria apply in the absence of actual market criteria. We do so through a historical analysis of design paths for hydrogen passenger cars.We argue that prototypes are used by firms in their internal search process towards new designs and at the same time as means of communicating technological expectations to competitors and outsiders. In both senses, prototypes can be taken as indicators of design paths in the ongoing search process of an industry.We analyzed the designs of prototypes of hydrogen passenger cars from the 1970s till 2008. A database is compiled of 224 prototypes of hydrogen passenger cars, listing the car's manufacturer, year of construction, hydrogen conversion technology, fuel cell type, and capacity of its hydrogen storage system. The analysis shows to what extent one design gained dominance and which strategies were adopted by the firms in their search processes.We conclude that indeed a dominant prototyping design has emerged: the fuel cell combined with high pressure gaseous storage. Actual and expected performance acted as selection criterion, but so did regulation and strategic behaviour of the firms. Especially imitation dynamics, with industry leaders and followers, is a major explanatory factor. Our main theoretical claim is that the selection of a dominant prototyping design is based on an interaction of sets of expectations about future performance of technological components and regulatory pressure that results in herding behaviour of the firms.  相似文献   
5.
This paper offers a systematic reflection on the Gibbons-Nowotny notion of ‘Mode 2 knowledge production’. We review its reception in scientific literature and compare it with seven alternative diagnoses of changing science systems. The ‘Mode 2’ diagnosis identifies a number of important trends that require further empirical efforts, but it suffers from severe conceptual problems. It is time to untie its five major constitutive claims and investigate each separately.  相似文献   
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