浅析悬赏广告

我国《民法通则》和《合同法》对悬赏广告都没有作出明确规定，但悬赏广告广泛存在于社会实际生活之中，为此而诉诸法庭也屡见不鲜，因此，对悬赏广告的概念、性质、法律效果等加以研究和探讨，早日确立悬赏广告制度就颇有必要。     

论悬赏广告的性质及效力－－兼论普遍悬赏广告与优等县赏广告之比较

文章拟突破对悬赏广告性质的传统观点－契约说或单独行为说，而采取折衷说：即普通悬赏广告乃为单独法律行为，而优等悬赏广告则为契约型法律行为。由悬赏广告的性质决定，文章比较分析了普通悬赏广告和优等悬赏广告的成立与生效、撤回及撤销等问题。     

论悬赏广告

我国法律对悬赏广告没有明确规定，但实践中此类纠纷时有发生。就其性质而言，悬赏广告是将一定行为的完成作为承担债务的停止条件的单独行为，其成立须具备一定之成立要件。     

论悬赏广告的构成要件

随着社会生活中悬赏广告的日益增多,因悬赏广告所引发的纠纷不计其数.虽然我国法律确立了悬赏广告的合法地位,但是对其性质及构成要件并没有进行明确的规定,司法实践中主要由法官根据具体的案情来进行自由裁量,从而导致了悬赏广告在法律适用和裁判上的不统一.一旦出现有关悬赏广告的纠纷,往往导致相关各方的无所适从.因此明确悬赏广告的性质和构成要件是解决相关问题的关键所在.     

论悬赏广告的构成要件

随着社会生活中悬赏广告的日益增多,因悬赏广告所引发的纠纷不计其数.虽然我国法律确立了悬赏广告的合法地位,但是对其性质及构成要件并没有进行明确的规定,司法实践中主要由法官根据具体的案情来进行自由裁量,从而导致了悬赏广告在法律适用和裁判上的不统一.一旦出现有关悬赏广告的纠纷,往往导致相关各方的无所适从.因此明确悬赏广告的性质和构成要件是解决相关问题的关键所在.     

浅议悬赏广告的法律性质

在现代市场经济条件下,悬赏广告越来越多,但是悬赏广告的法律性质在理论上一直是一个争议的问题。实践中,法院判决因悬赏广告发生争议时的理论依据也不相同。1999年实施的《中华人民共和国合同法》对此没有明确规定。学界也对此有不同意见,一为"契约说",一为"单方民事行为说"。文章通过对有关悬赏广告性质的不同学说的分析,论证了悬赏广告的性质不是要约,而应为单方法律行为的观点。     

悬赏广告的法律性质探讨

悬赏广告是日常生活中常见的一种现象,也是一个重大的法律问题.由于我国法律没有明确规定,所以产生的纠纷日益增多,而有关悬赏广告的法律定性也是众说纷纭,莫衷一是,出现了契约说和单方法律行为说的对立.本文通过对两种不同学说的利弊分析,认为悬赏广告为单方法律行为.     

论悬赏广告的性质及效力——兼论普通悬赏广告与优等悬赏广告之比较

文章拟突破对悬赏广告性质的传统观点——契约说或单独行为说,而采取折衷说:即普通悬赏广告乃为单独法律行为,而优等悬赏广告则为契约型法律行为。由悬赏广告的性质决定,文章比较分析了普通悬赏广告和优等悬赏广告的成立与生效、撤回及撤销等问题。*     

论悬赏广告

我国法律对悬赏广告没有明确规定,但实践中此类纠纷时有发生.就其性质而言,悬赏广告是将一定行为的完成作为承担债务的停止条件的单独行为,其成立须具备一定之成立要件.     

谈悬赏广告与要约

本旨在讨论悬赏广告与要约，要约邀请之关系，进而阐明司法实践中对悬赏广告引发纠纷的处理意见。     

The effects of differing type and magnitude of reward on the contrafreeloading phenomenon in rats

This investigation was made to determine the effects of the magnitude of reward on contrafreeloading, using food or water as reward. Two quantities were selected for each level of reward quality—a 20-mg-pellet food reward, a 45-mg-pellet food reward, a .01-cc water reward, and a .1-cc water reward. Seven days of training were followed by three test sessions. There was a significantly higher percent of contrafreeloding demonstrated with food as reward than with water and higher number of barpresses with small reward than with large. It was argued that a more appropriate measure should include reference to performance during training. In this approach, contrafreeloading with food and water were virtually the same.     

Effects of sucrose concentrations on single-alternation performance in rats

In Experiment 1, rats received single-alternation training with 32% or 4% sucrose reward (Phase 1) followed by a shift in reward from 32% to 4%, and vice versa (Phase 2). In Phase 1, high reward facilitated alternation performance over low reward. In Phase 2, performance on rewarded trials increased as reward increased but was unchanged as reward decreased. Performance on nonrewarded trials showed negligible effects of shifts in reward. In Experiment 2, rats received goalbox placements with 32% or 4% sucrose alternated with nonreward in Phase 1; and in Phase 2, they received alternation runway training with the same or the opposite reward from that of placements. Performance on rewarded trials was faster, the higher the reward in runway training; performance on nonrewarded trials was slower, the higher the reward in placements. In Experiment 3, Phase 1 provided placements with 64%, 32%, 16%, or 4% sucrose or dry mash alternated with nonreward; Phase 2 provided alternation runway training with dry mash reward. Alternation prerformance developed more rapidly, the higher the sucrose concentration in placements. Only 64% sucrose produced performance superior to that for dry-mash placements.     

自闭症谱系障碍个体社会奖赏加工缺陷的神经机制

自闭症谱系障碍(ASD)是一种以社会交往障碍为主要特征的神经发育障碍,ASD的社会交往障碍与社会动机的缺乏有关,主要表现为社会奖赏加工缺陷.已有的神经影像学、脑电成分和神经化学成分的研究从神经机制上揭示了ASD个体的社会奖赏加工存在缺陷,并且该缺陷发生在奖赏预期阶段,但其非社会奖赏加工能力和奖赏加工阶段是否也存在缺陷没...     

Reward sequence and reinforcement level as determinants of S− behavior in differential conditioning

In two differential conditioning experiments, groups of 10 rats each differed with respect to average reward and schedule of reward received in S+. Nonreward (N) occurred on all S? trials. In both experiments, extinction of responding to S? (resistance to discrimination) was extensively regulated by reward sequence and was largely independent of average reward. In Experiment 1, resistance to discrimination was a function of transitions from N to rewarded (R) trials (N-R transitions). In Experiment 2, resistance to discrimination was increased by large reward on the R trial of N-R transitions and decreased by large reward on the R trial of R-N transitions. These schedule effects on resistance to discrimination parallel the effects of comparable schedules on resistance to extinction following partial reinforcement. The results are discussed in terms of sequential theory, reinforcement level theory, and their implications for various schedule manipulations that have previously shown S? behavior to be inversely related to average reward in S+.     

悬赏广告制度探究

悬赏广告是以广告方式声明对完成一定行为的人给予报酬的意思表示，它含以下四方面特殊要件：采取广告形式；声明给予报酬；指明期待完成的特定行为；对不特定的人为之。悬赏广告的性质为契约之要约。总结我国各时期的实践经验，参考国外成功之处，以一定方式对悬赏广告的适用范围及报酬额度于以国家干预是必要的。     

Discriminating between reward-produced memories: Effects of differences in reward magnitude

The greater the dissimilarity between exteroceptive stimuli, the easier it is to discriminate between them. To determine whether a similar relationship holds for memories produced by reward events, rats in three runway investigations received trials in pairs, the number of food pellets (0.045 g) occurring on Trial 1 indicating whether reward or nonreward would occur on Trial 2. In each investigation, discriminative responding on Trial 2 was better the larger the difference in reward magnitude on Trial 1. This finding was obtained under a wide variety of conditions: for example, when the larger of two reward magnitudes on Trial 1 signaled nonreward on Trial 2 (Experiment 1, 10 vs. 2 pellets); when the smaller of two reward magnitudes on Trial 1 signaled nonreward on Trial 2 (Experiment 2, 10 vs. 2 pellets); and when the same magnitude of reward on Trial 1 signaled nonreward on Trial 2 (Experiment 3, either 5 pellets or 0 pellets). The findings obtained here indicate that the greater the dissimilarity between reward magnitudes, the greater the dissimilarity between the memories they produced and, thus, the easier it is to discriminate between them. It is suggested that the present results may provide a basis for understanding findings obtained in other instrumental learning investigations in which reward magnitude is varied.     

Simultaneous contrast in the goldfish

In this, as in two prior experiments, goldfish trained with small reward for response to one color and large reward for response to another color performed less well for the small reward than control animals trained with small reward for response to both colors. The results obtained in the present experiment (with liquid food as reward) cannot be explained in terms of postingestive inhibition (evidence from the prior experiments withTubifex worms as reward being inconsistent on this point) or in terms of within-sessions decrement in drive. The results bear on the phyletic generality of simultaneous contrast and on the relation of simultaneous to successive contrast, a phenomenon that has thus far failed to appear in goldfish.     

论悬赏广告的法律性质

悬赏广告是日常生活中常见的现象,同时也是一个在法理上很复杂的问题,其复杂性在于对其在法律性质上认识的不统一。就悬赏广告的特点、中外对于悬赏广告的三种不同的学说以及它们之间的差异、悬赏广告法律行为的效力争议等方面进行了阐述。     

Effects of reward amount and reward omission on short-term retention

A series of four experiments studied the retention of the response made on a just-preceding trial as a function of the presence, and amount, of food reward given on that trial. Rats were trained to alternate arm choices in a T-maze, and then were tested for alternation with 5- or 30-sec delays between runs. When the subjects had received prior experience with the reward amounts used in testing, larger rewards led to better retention than did small or no rewards. However, when reward omission first occurred during the test phase, it produced more alternation on the following trial than did reward presence. The results suggest that both reward amount and surprisingness determine short-term retention of responses paired with the rewards.     

Hurdle-jump responding in the rat as a function of conspecific odor of reward and nonreward

A hurdle-jump escape response was employed to assess the laboratory rat’s aversion or attraction to different types of conspecific odor. Odorant donor subjects received 112 runway acquisition trials on a continuous reward schedule followed by 32 extinction trials, 112 acquisition trials on a 50% schedule of reward and nonreward followed by 32 extinction trials, or 144 “neutral” trials with no reward in the alley. Different groups of test subjects escaped from odor excreted by odorant subjects on (a) nonrewarded acquisition and extinction trials, (b) rewarded trials during continuous reinforcement, (c) rewarded trials during partial reinforcement, or (d) neutral trials; others escaped from a clean box. The principal findings were: (1) significant aversion to “odor of nonreward” appeared after the donor odorants had received 12 exposures to reward; (2) production of odor of nonreward by odorant subjects changed as a function of training experience with reward; (3) after repeated exposure to odor of nonreward, the escape response habituated; (4) greater or different odor excretion in extinction resulted from subjects trained on a continuous reward schedule than on a partial reward schedule. Relationships of the data to frustration theory were discussed, assuming that inferred differences in production of odor reflect differences in frustration reaction.