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Who will compensate for the traffic accident caused by the driver？ Let me tell you the real case!

　　CCTV NewsIt is the consensus of many car owners to find a surrogate driver after drinking and socializing, but if the surrogate driver is fully responsible for the traffic accident, should the insurance company insured by the owner unconditionally settle the claim? Recently, the Shanghai No. 1 Intermediate People’s Court (hereinafter referred to as the Shanghai No. 1 Intermediate Court) heard a case of subrogation by an insurance company caused by "Internet + surrogate driving". The court ruled that the surrogate driving company should be liable to the insurance company according to law.

　　At 21:33 on October 22, 2014, Mr. Zhou contacted a car service company to provide chauffeur services. At 21:45, the chauffeur Tang arrived at Mr. Zhou’s location. Due to Mr. Zhou’s drinking, his friend Cai signed a "entrusted chauffeur service agreement" (hereinafter referred to as the "agreement") with a car service company. The signature of the "agreement" was stamped with the seal of a car service company.

　　At 21:50, Tang had a traffic accident while driving Mr. Zhou’s vehicle, causing damage to the three vehicles. The traffic police department determined that Tang was fully responsible for the accident. Afterwards, the insurance company that insured Mr. Zhou’s car paid Mr. Zhou 53,300 yuan for the claim, and then obtained the transfer of rights issued by Mr. Zhou, and sued a car service company in court.

　　The insurance company believes that a car service company, as the party providing the driving service, should ensure the safety of the vehicle. Now the company is responsible for the accident and should bear the liability of 53,300 yuan.

　　The court of first instance ruled in favor of all the claims of the insurance company. A car service company refused to accept it and appealed to the Shanghai No. 1 Intermediate Court, requesting that the original judgment be revoked and the original lawsuit request of the insurance company be rejected. An auto service company appealed that it was only a driver information service platform, an intermediary who provided driver service information to drivers and customers and facilitated the signing of the Agreement between the two parties, and was not a party to the Agreement. The driver-on-behalf relationship occurred between Mr. Zhou and Tang. Even if compensation is required, it should be Tang’s compensation.

　　A car service company also proposed that the "Agreement" has stipulated relevant exemption clauses. For example, Article 12 stipulates that the client should first use vehicle insurance to settle claims. The company only compensates for "the part that falls within the scope of insurance liability but fails to pay", "the increase in insurance premiums in the following year" and "traffic compensation". Article 9 "Traffic accidents caused by non-personnel operations" are not responsible. When the customer logs in to the company platform to register, the company has informed the above exemption content, and the company’s website has also been publicized. When Mr. Zhou placed an order on the same day, the company also sent the relevant terms to Mr. Zhou via SMS. Therefore, the company has fully informed the exemption clause, and the exemption clause is legal and valid, and the company should be exempted accordingly.

　　After the trial, the Shanghai First Intermediate Court held that it was not improper for the insurance company to assert the right of subrogation against an automobile service company based on the contractual relationship between an automobile service company and Mr. Zhou, and the exemption clause was not legally effective because it failed to provide a prompt explanation. An automobile service company should be liable for the losses caused by the traffic accident. Finally, 2nd-round Moderation rejected the appeal and upheld the original judgment.

　　The Shanghai No. 1 Intermediate Court held that an automobile service company affixed the official seal to the "entrusted party" of the Agreement, and Mr. Zhou’s friend Cai signed it at the "customer confirmation". An automobile service company also recognized that Mr. Zhou sent the information that needs to be driven to the company. According to the agreement in the Agreement that "the agreement signed by the accompanying person shall be regarded as signed by the client himself", Mr. Zhou and an automobile service company reached an agreement on the Agreement. The Agreement has come into effect, and the two parties have established a trust contract relationship. An automobile service company is a party to the Agreement. It is not improper for an insurance company to claim the right of subrogation from an automobile service company based on the contractual relationship between an automobile service company and Mr. Zhou. In addition, an automobile service company provides paid driving services, and the designated driver is fully responsible for traffic accidents during the driving process. Therefore, the company is at fault in the performance of the contract and should compensate the client, Mr. Zhou, for his losses.

　　The "Agreement" is a format contract provided by the company, and Article 12 of it is a limitation of one’s own liability. The "Agreement" does not take black or bold methods to draw the attention of the client. The company claims to prompt customers through notifications during website registration and sending text messages, but does not provide evidence to prove it. Therefore, this clause has no legal effect because it fails to fulfill the obligation to prompt and explain. In addition, since the driver Tang is fully responsible for the traffic accident, this case does not fall under Article 9 of the "Agreement". "Therefore, an automobile service company shall be liable for the losses caused by the traffic accident. (CCTV reporter, Li Wenjie)

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Naming insects after Hu Ge and Gu Tianle is an attempt

Text | Zhang Tiankan

Recently, an academic paper entitled "A new species of Pseudomonas from Sichuan Province, China" has attracted attention both inside and outside the industry. The paper on the new insect species was published in the journal World Ecology. According to the article, the new insect species was collected in Hailuogou Glacier Forest Park in Ganzi Prefecture, Sichuan Province. The author named the insect "Hu Guzha" because, "The species is named in tribute to the famous actors Mr. Hu Ge and Mr. Gu Tianle, to thank them for their contributions to environmental protection and basic education in the mountainous areas of western China."

Naming insects by human names is not an innovation, but this time using the names of celebrities in the entertainment industry has caused a huge controversy. Some professionals believe that there are many things wrong with this academic paper: first, the writing style is weird, and publishing a classification paper in the academic journal "World Ecology" is even more bizarre; secondly, this paper is not like a traditional paper, but more like a scientific essay, which is "showing off literary talent", and there is no need to express emotion in the paper.

It is true that the paper has a fixed writing standard, including format, vocabulary, terminology, etc. However, the writing standard is only a less important one in the evaluation criteria. The essence of the problem is whether the paper follows the academic standard of animal naming, whether it writes (explains) clearly the content, method, process and conclusions of a study, and a rational discussion of the conclusions.

Hugucha

Measured by these two standards, this scientific prose-style paper follows both the standards and does not violate the harmony. The latest edition (4th edition) of the International Code of Zoological Nomenclature, published in 2020, stipulates the principles, grammar, and etiquette norms that zoologists need to abide by in naming species and discussing the naming process of species. According to Article 31.1.2 in this regulation, the author named this insect "Hu Ge" in pinyin of Hu Ge’s name, "Koo Tin-lok" in pinyin of Gu Tianle’s name, and "-orum" in the Latin suffix. Moreover, the paper also explained the entire discovery and research process and results clearly, and discussed the results, which are generally in line with the norms of scientific papers.

Furthermore, both animals and plants can be named by the discoverers according to the taxonomic criteria. These criteria are derived from the biological classification system established by Carl Linnaeus’s "Natural Systems". According to the biological classification standard, the naming of new species must use a unified Latin word and consist of three words.

Huguchan distribution area

The first word is the genus name, which must be named according to scientific classification and cannot be changed casually; the second word is the species name, which can be named after all things; the third word is the surname of the namer. Therefore, it is extremely common to name insects by human names. For example, the British Navy named a bird-wing butterfly in the Pacific Ocean "Queen Victoria’s Winged Butterfly". Moreover, scholars in the United States have discovered more than 200 kinds of insects, named after their relatives and friends.

Why is this generally standard paper so controversial? The reason is that some researchers want to accelerate the integration of science and culture, while others believe that academia is academic, and should not be mixed with cultural, social and other factors. This conflict between science and humanities was proposed by the British writer Charles Percy Snow in his May 7, 1959 Red Lecture on "Two Cultures and the Scientific Revolution" at the University of Cambridge. After decades of discussion and reflection, in 1995, John Brockman’s "The Third Culture" proposed that there is another culture besides the humanities and sciences, which is the third culture where the two are integrated. The core of this culture is that cutting-edge scientists and thinkers should express their ideas and research findings in accessible language, breaking down the cultural divide between pure humanities and sciences, and making their findings accessible to ordinary people.

In other words, researchers should explain and explain their research results through easy-to-understand language and methods, and carry out scientific communication, so that more people can understand and understand the content, principles, and laws of science, so as to benefit the whole society. Separate lines are like mountains, obviously, this is a relatively difficult task. Therefore, there is a huge controversy over the research of "Hugucha" insects.

However, the author of the article expressed the idea of understanding and practicing the third culture. He pointed out that it is not necessary to explain so much research background in the usual entomology papers. The reason why he deliberately wrote in too much detail is that "the main reason is to take into account the readers of the society and avoid public misunderstandings in advance. Instead, it has caused some professionals to misunderstand from another angle."

The factor that allows more people to understand their papers and intentionally introduce culture is the way some researchers currently use. In addition to using literary language, they also intentionally use literary methods to illustrate science, so as to achieve the goal of science and art breaking up at the foot of the mountain and meeting teachers at the top of the mountain. Of course, it can also make more people understand science.

As one of the leading scientific journals in the world, the British journal "Nature" launched a "Future" column on November 4, 1999 (the magazine’s 130th birthday), dedicated to publishing "fun" short science fiction stories. This is a very unusual out-of-the-loop approach, which is far from reality, reason and law. Of course, this approach of Nature magazine is also seen as an attempt to combine science and culture in a third culture.

Scientific papers naming insects and animals after people, as well as expressing scientific content and results in literary and artistic ways, are all worth trying, but there are also areas for discussion, such as how to do it and to what extent it will be more balanced.

The original title: "Naming insects after Hu Ge and Gu Tianle is an attempt"

Read the original text

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Spring outing is just the time, and this kind of people need to be vigilant!

In the spring of March, spring blossoms, and it is the right time to enjoy the spring. However, in this good time to enjoy the scenery, people with allergies have such a trouble: they often have itchy eyes, tears, sneezing, stuffy nose and runny nose. In fact, this is mostly hay fever.

Since beginning of spring this year, due to the relatively warm climate, the spring pollen season in Chengdu, Sichuan and other places is one month earlier and lasts longer than that in the northern region. A beautiful spring will be a disaster for pollen allergy patients.

According to the monitoring of the Allergy Response Center of West China Hospital, the amount of airborne pollen in recent years is 19 times that of 30 years ago, and some of them are 80 times that of 30 years ago, so the number of people with pollen allergy is increasing.

Every spring from February to May, especially in March, the pollen quantity reaches its peak.

What is hay fever?

Pollinosis is caused by patients’ allergy to plant pollen, which mainly involves eyes, upper respiratory tract and skin. In spring, poplar, willow, sycamore and other trees are the main pollen, and a few patients may be caused by fungi, dust mites or other inhalants or foods with obvious seasonality. The types of allergens are complex, and many people are allergic to them repeatedly, which may be because they are repeatedly exposed to allergens without knowing it.

The clinical manifestations of pollinosis include symptoms and signs of different parts such as eyes, upper respiratory tract and skin. Pollen allergic rhinitis can be characterized by itchy nose, sneezing, runny nose, blocked nose and poor breathing. Pollen allergic asthma is characterized by paroxysmal cough, dyspnea, white foam-like mucus, sudden asthma attack and gradual aggravation, which is no different from normal people after remission; Pollen allergic conjunctivitis can be characterized by itchy eyes and swollen eyelids, often accompanied by watery or purulent mucus secretions; Allergic dermatitis can be manifested as systemic or local erythema, papules, small scales, itching or burning sensation.

Cold knowledge

What makes most people allergic is not flowers, but trees!

Which of the following four ABCD plants do you think is the most likely to cause pollen allergy?

Do you think that the above two kinds of flowers with high face value and bright colors are the "killers" who cause everyone to cough and snot Qi Fei? Wrong, in fact, it is more likely to cause allergies. It is the pollen of the following two seemingly ordinary and harmless trees (C: cypress) and weeds (D: humulus)! Tree pollen is the main cause of allergy in spring, while weed pollen is the main cause of allergy in autumn.

In nature, plants are divided into wind-borne flowers and insect-borne flowers according to the different modes of pollen transmission.

anemophilous flower

"Wind-borne flowers" are flowers that use wind as a pollination medium. These flowers are generally small in size, not bright in color, and even many of them are in a degraded state, with no fragrance and nectaries, so that you can’t see or smell like flowers.

However, wind-blown flowers produce a lot of pollen, with smooth surface and light dry texture. When the wind blows, they can fly to very high and far places, such as the height of 2 or 30 floors.

Representatives of this kind of flowers are: poplar, elm, cypress, birch, ginkgo, phoenix tree and so on.

entomophilous flower

"Insect-pollinated flowers" are flowers that are pollinated by insects such as butterflies and bees. Most of these flowers are bright and beautiful, with fragrance or other smells. The pollen grains are usually relatively large and the yield is relatively small. In addition, they are often stuck together, which is not easy to be blown away by the wind, and it is even more impossible to blow high!

Therefore, in comparison, trees and weeds that are odorless, colorless, tasteless and even do not look like flowering plants are the main culprits of human allergies because of their large pollen yield+easy to be blown high and far by the wind.

Understanding of hay fever in traditional Chinese medicine

There is no name of hay fever in TCM, which can be classified into sneezing, coughing, wheezing, wet sore, addiction rash and other categories according to different clinical symptoms of hay fever.

aetiological agent

Hay fever is essentially an immediate allergic reaction. Traditional Chinese medicine believes that hay fever is due to deficiency of the essence and excess of the essence, and the qi of the lung, spleen and kidney is insufficient, and the exterior of the body is unstable. Once exogenous pathogenic factors such as wind-cold or wind-heat are induced, the lung loses its function, the spleen loses its transport and the kidney loses its function, then the stagnation of qi and water stops phlegm, and pathological products accumulate, either in the eyes, nose, skin or respiratory system.

Pollen, as an allergen, can be regarded as the inducement of diseases after human body feels exogenous diseases, so pollinosis can be classified into the category of exogenous diseases and treated according to syndrome differentiation.

Chinese traditional treatment

The treatment principle of hay fever is to treat the symptoms when it is urgent and the root cause when it is slow. In the acute attack period, expelling wind and evil spirits are the main factors, supplemented by strengthening the body resistance; In the remission stage, strengthening the body resistance and consolidating the exterior are the main methods, supplemented by exorcism. The specific treatment prescription varies according to the disease.

When allergic reaction occurs, in addition to oral decoction, some traditional Chinese medicine methods can be used for treatment, such as acupoint injection, acupoint catgut embedding, acupuncture, ear acupuncture, umbilical therapy, bloodletting at the tip of the ear and so on.

For patients with acute allergy and excessive toxic heat, bloodletting therapy at the tip of the ear is suitable to dispel heat and detoxify. The specific method is that after routine disinfection at the ear tip (both sides), puncture the ear tip with a triangular needle and squeeze out 2-3 drops of blood.

Umbilical therapy refers to making medicine into ointment, pill, and powder, then applying it, taking it, smoking it, moxibustion it, steaming it, ironing it on the navel (called Shenque point in Chinese medicine), then fixing it with gauze or adhesive tape, and uncovering it after 2 hours.

Traditional Chinese medicine believes that umbilical medication can act on the whole body through the connection of the five zang-fu organs, the twelve meridians and the eight strange meridians, so it has a wide range of effects. Fumigation and washing method is to fumigate and wash with decoction of Folium Artemisiae Argyi, Kochia scoparia and Senecio scandens, or fumigate nose, mouth and eyes with medicinal vapor, which has good effect.

Daily precautions

I would like to remind you that people with allergies are easily troubled by pollen when they go hiking. We should take corresponding measures in time to prevent allergies from happening, and we can start from the following aspects.

01

Avoid contact with pollen

In the pollen spreading season, you should wear a mask, a windproof eye mask and a nasal filter if necessary, and use a pollen blocking agent.

Reduce outdoor activities, especially going out at noon and afternoon. It is best to go out for a walk after the rain, when the air is fresh and the pollen is the least affected.

In windy weather, it is best to close the doors and windows to prevent pollen from entering the room when opening the window. An air purifier or fresh air equipment with pollen filtering function can be installed indoors.

Change and clean clothes worn in outdoor activities in time, and dry clothes in a clothes dryer instead of drying clothes outdoors.

02

Principles of daily diet

Strengthen nutrition, eat more light and vitamin-rich foods, and try to eat less high-protein, high-calorie and spicy foods. Preventive medication

Before the pollen stage comes 1~2 weeks, preventive medication can be taken under the guidance of a doctor, which can prevent the onset of hay fever or relieve discomfort. After the symptoms of pollen allergy such as itchy skin, cough and dyspnea appear, you should go to the hospital for treatment in time.

(Sichuan Traditional Chinese Medicine Comprehensive China Traditional Chinese Medicine, west china hospital)

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Remember at the group reunion： ＂Cephalosporin drinks and leaves when you say it!＂ Three cases have been received in a row in half a month!

Near the end of the year
Many people get together in the wine shop.
however
The emergency room of the hospital is also "lively".
"Cephalosporin with wine, leave when you say it."
The warning is highlighted again!
"doctor! Doctor! Quick, quick, quick … "A few days ago, with the rapid footsteps, a 60-year-old male patient came in at the entrance of the rescue room of Ningbo Traditional Chinese Medicine Hospital. I saw him.Pale face, hands over his chest, has been asthma, retching.,I smell of alcohol.
A check, the old man.Blood pressure 60/40mmHg(the normal value is 90-140/60-90mmHg),Heart rate 130 beats/min(The normal value is 60-100 times/minute). The accompanying family members anxiously asked the doctor, "The old man is usually in good health. Why?"Have a good meal and that’s it.? "
The attending doctor inquired about the patient’s medical history in detail.It turned out that the old man had a cold and fever the day before, and he was given intravenous infusion in the hospital and cephalosporins..At noon that day, comrades-in-arms were happy to get together and drank some wine, which became like this …
Doctor’s decision: This is typical. "Disulfuron-like reaction"So he immediately gave symptomatic rehydration treatment to the elderly. Soon, the patient’s symptoms eased and he went home to observe.
Dr. Long Kangjian from the emergency department of Ningbo Traditional Chinese Medicine Hospital said: "Fortunately, this uncle delivered it in time, so it did not cause serious consequences. Every year, people are sent to the emergency department for drinking after taking medicine, and some of them are even life-threatening.In the past half a month, this is the third patient with’ Disulfiram-like reaction’ that we have encountered."
What is "Disulfuron-like Reaction"?
Drinking alcoholic drinks after using drugs will lead to the accumulation of acetaldehyde in the human body and cause toxic reactions. It can be manifested as flushing, conjunctival congestion, pulsating headache, nausea and vomiting, dyspnea, chest pain, myocardial infarction, hypotension shock, acute heart failure, liver injury and even death.
According to related literature reports,Disulfiram-like reaction induced by cephalosporins is closely related to drinking up to 99%.The reason is related to the chemical structure of the drug.
In recent years, there have been many reports related to this, but people still often get caught.
So, how long can I drink after taking cephalosporin? The medical profession has a clear answer to this:
If you take cephalosporin first, it is recommended to take it for 6 to 7 days before drinking.Ensure that all drugs in the body are metabolized. Another situation is thatAfter drinking wine first, it is more appropriate to take cephalosporin after 3 days.Because for most people, alcohol is almost completely metabolized after 3 days.
In addition to cephalosporin,Hypoglycemic drugs, antihypertensive drugs, cold drugs, sleeping pills, gastroenteritis drugs, antiallergic drugs, anti-angina drugs.wait forWill have some chemical reactions with alcohol.
The doctor reminded the general public that although the festive season is coming, the New Year’s Eve, the gathering of relatives and friends, and drinking can create an atmosphere, we must remember: take medicine without drinking, and drink without taking medicine, so as to avoid extreme joy and sorrow.
Finally, I present a group of people’s daily officials.
An inductive warning of the danger of taking "medicine+wine"
▼
From: ningbo evening news
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