思维定式 meaning in English
mindset
Examples
- The latter is a theoretical innovation , it criticizes the given model in chinese securities market in which only get the csrc ' s affirmation of iniuria firstly can you claim for damages . then go to the causation , with several european countries as background , the author initially supposes we should adopt the " scope of the rule " theory to solve the causation problem of the liability on manipulations , thereof simplifying the abstract and complex speculation over the causation , merely by thinking through the scope and attempt of law can we judge itfinally , in dealing with damage measure , different from the prevailing method by which scholars often choose one way from three alternatives , those are " out - of - pocket " measure , " defendant ' s profit " measure and " plaintiff ' s loss " measure , the author advises a new appoach that fundamentally applying the first measure and supplementary applying the two measures else , it is expected to fairly settle the puzzling problem in damage measure
在因果关系部分，本文以主要欧洲国家的因果法理为背景，开创性地提出采用法规目的说解决操纵市场行为责任范围因果关系的问题，使抽象的因果推定回归到仅依法规目的与意义考察的单纯境界。最后在损害结果部分，与学界通常在“直接损失衡量法” 、 “被告获利计算法”以及“原告损失计算法”中三选一的思维定式不同，提出以直接损失衡量法为原则并辅之以其余二者的折衷解决方案，以期公平解决损害结果在计算上的难题。