Significance of the date.

The restoration of Poland's independence was gradual. The date of 11 November is the one on which Marshal Józef Piłsudski assumed control of Poland. It was a day of military ceremony since 1920. The holiday was constituted in 1937 and was celebrated only twice before World War II. After the war, the communist authorities of the People's Republic removed Independence Day from the calendar, though reclamation of independence continued to be celebrated informally on 11 November. The holiday was officially replaced by the National Day of Poland's Revival as Poland's National Day, celebrated on 22 July anniversary of the communist PKWN Manifesto under Joseph Stalin. In particular, during the 1980s, in many cities, including Warsaw, informal marches and celebrations were held, with the outlawed Solidarity Movement supporters participating. Typically these marches were brutally dispersed by the communist militarized police forces, with many participants arrested by the security police. During this time 11 November Independence Day marches, alongside the Constitution Day on 3 May celebration gatherings, also banned by the communist authorities, were the customary dates of demonstrations by the opponents of the communist regime. As Poland emerged from communism in 1989, the original holiday—on its original 11 November date—was restored.  The date coincides with the celebration of the Armistice in other countries. All of these holidays and Polish Independence Day are indirectly related because they all emerged from the circumstances at the end of World War I. In other countries, holidays were established in the spirit of grief and horror at the enormous human cost of the war, and they mark the sacrifices of those who fought. For Poland, however, the tragedy of the war was tempered by what had been accomplished at its end: the restoration of a sovereign Polish state that had been lost entirely in the partitions of Poland, after 123 years of struggle. The Polish holiday is therefore simultaneously a celebration of the reemergence of a Polish state and a commemoration of those who fought for it.

Historical meaning.

Crucial to restoring independence was the defeat in the war of all three of the occupying powers. Russia was plunged into the confusion of revolution and civil war, Austria-Hungary disintegrated and went into decline, and the German Empire bowed to pressure from the forces of the Entente. For Poles, this was a unique opportunity to reclaim their independence.  Following the defeat of the occupying forces, the Poles seized military and civil power, building the foundations of their future state. On 28 October 1918 the Polish Liquidation Commission was formed in Kraków. The Commission seized power from the Austrians in Galicia and Cieszyn Silesia. A few days later they succeeded in disarming the Austrian forces using members of the secret Polish Military Organisation as well as legionnaires and young people. On the nights of 6 and 7 November the Provisional Government of the People's Republic of Poland was formed in Lublin under the supervision of Ignacy Daszyński. The government was made up of representatives from the Polish Socialist Party (PPS), the Polish Social Democratic Party (PPSD) and the Polish People's Party "Wyzwolenie" (Liberation). At the same time the Government troops disarmed the occupying forces around the city of Kielce and Lublin. It was at this point that the country's future head of state, Józef Piłsudski, returned to Poland after incarceration by the Germans. His 10 November arrival in Warsaw was enthusiastically met by the population of the capital and saw the mass disarmament of the occupying forces across the whole of Poland. Piłsudski assumed authority on 11 November, forming a new centralized government and soon calling parliamentary elections.

National celebrations.

Presided by the President of Poland in his capacity as Commander in Chief of the Polish Armed Forces, the televised celebrations at Warsaw's Piłsudski Square serve as the national celebratory event in honor of the anniversary of the restoration of Polish independence in 1918. The parade contingent is made up of a regiment-sized formations of two battalions, two composed of armed forces personnel and the other made up of personnel of the civil services and is led by a general or flag officer (at times a Colonel/Captain) of the Armed Forces, usually the commanding officer of the Representative Honor Guard Regiment of the Polish Armed Forces or as commanding general of the Warsaw Capital Garrison or armed forces formations stationed in the capital. The parade formation is formed up into:  These formations, except for the 1 Honor Guard Company (Presidential Joint Service), have extra two personnel for the guard mounting segment in front of the Tomb of the Unknown Soldier, which is during the ceremony proper. Behind the formations is the RHGR's State Honors Artillery Battery, whose 4-5 vintage First World War field guns are stationed.  The ceremony begins at 10am, before that the Minister of National Defense and the Prime Minister each inspect the formations assembled. As the troopers of the Presidential Horse Guard Mounted Ceremonial Squadron of the Polish Armed Forces take their places at the west end, the President arrives as the musicians of the RCB-PAF sound a fanfare and then the Marsz Generalski is played as following the disembarking from the vehicle, he/she then inspects the troopers, following which the Chief of the General Staff walks to him/her following the first inspection to inform him of the commencement of the parade and ceremony event:  The report received, the President then inspects the two battalions of the parade joint regiment, which had just presented arms at the order of the parade commander. He/she stops to render honors to the ceremonial colours of each of the units that compose the parade. After all have been inspected, the President then stops at the center of the square nearest the presidential grandstand to greet the formations:  Following this both the President and the Chief of the General Staff proceed to the south end facing the Tomb of the Unknown Soldier to render honors to the Unknown Soldier of the Polish War of Independence buried there in 1925. Another contingent of battalion size is present, representing military veterans, reservists and the Polish Scouting and Guiding Association. Following this, the Presidential Fanfare is sounded as the presidential jack is raised to indicate the presence of the President as Commander in Chief of the Polish Armed Forces. Both then proceed to the grandstand to receive the other dignitaries present, including the following:

Ceremony.

The parade commander then shouts "For the raising of the national flag, colour guard, take post!" to commence the flag raising ceremony segment, in which three servicemen from 1 Honor Guard Company (Presidential Joint Service), 1st Guards Battalion, RHGR-PAF, then march off from their positions to take their place at the square's central flagpole. As they stop and the Flag of Poland is unfurled another fanfare is sounded and following the command "In honor of the anniversary of the restoration of the independence of the Republic of Poland, colour guard, raise the national flag!" the RCB-PAF's musicians, together with the singers of the Symphony Orchestra and Choir of the Armed Forces, perform the National Anthem "Poland Is Not Yet Lost".  Following this, a serviceman from the Warsaw Capital Garrison Command reads in public the Act of National Remembrance of and to the Fallen ("Apel Pamięci"), in which the parade remembers the millions of Polish war and civilian dead in the wars and conflicts fought by the Polish nation and people over the years. When the reading is completed a 21-gun salute is fired as 3 Scouts and Guides escort a ceremonial candle from the square to the Tomb of the Unknown Soldier as the tribute of the nation's young men and women to the memory of the millions who perished for country and people. The Armed Forces Memorial Fanfare ("Haslo Wojska Polskiego") is then sounded.

Guard mounting at the Tomb.

The act of remembrance finished the parade commander then prepares the companies for the solemn guard mounting at the Tomb of the Unknown Soldier. Each of the company commanders, save that of 1 Honor Guard Company (Presidential Joint Service), after having taken their posts at the center of the square and with the parade now at the order arms position and then ordered at ease, then inform him of the readiness of their companies for the guard mount:  After all the company commanders have returned to their posts, the parade renders honors again as a fanfare call is sounded and then the parade commander orders the parade to begin the mounting of the guard sentry platoon. The guard commander is an officer of the Warsaw Garrison Command, with the platoon made up of the extra two personnel assigned to each of the units forming the parade. To music of the band the sentry platoon takes its position at the center of the square and then march on to the tomb for the guard mount, wherein as the sentry platoon, the New Guard, takes its place of honor, the old guard section of just two soldiers from the WGC march off back to the parade formation with the guard officer.

Wreath laying.

Following the presidential address that follows the guard mounting ceremony, wreaths are laid in the Tomb of the Unknown Soldier in honor of the millions of men and women who perished for country and people through the centuries of Polish existence. The President, Prime Minister and Minister of National Defense are the first to offer their remembrances there, followed by other high ranking civil, military and public security officials and representatives of the public and private sectors and veterans' organizations. "Spij Kolego" is played by a trumpeter of the band once all the wreaths have been laid.

March off and march past.

Following the wreath laying, the band plays the Armed Forces March "We Are the First Brigade". After this, the parade commander orders the beginning of the march past of all the units present:  Following this the commander of 1 Honor Guard Company (Presidential Joint Service) orders his company at attention for the march off, followed by the commanding officers of each of the other companies that form the parade battalions. All companies slope arms, execute a right turn and then begin the march off as the band starts playing. Outside the square, if any, are a number of living history and historical reenactment formations that prepare to march past after all the contingents on the square have marched off the grounds, wearing uniforms from various eras of Polish history. The band plays a neutral march first as the parade forms up for the march past by companies and then "Warszawianka" is played at the signal of the band drum major, marking the signal for the march past to begin. All the parade companies salute at the eyes right with all colours dipped and officers saluting their sabres.

Controversies.

Starting in 2008 on 11 November in Warsaw selected nationalist organizations participated in a "March of Independence" launched by the far-right National Radical Camp (ONR) and All-Polish Youth leading to notable violent incidents and arrests. During the 2012 clashes between extremists and the police, 176 rioters were detained and 22 police officers wounded. In 2013 a group of 72 far-right hooligans were detained and 12 police officers taken to hospital. Damages to private and public property by the masked youth was estimated at 120,000 zł. Significant acts of vandalism included the burning of the LGBT "Tęcza" Rainbow Arch at a Warsaw square, others took place near the Russian embassy. The unofficial march was declared illegal by the authorities and the city. As of April 2014 administrative courts continue to analyze evidence.  However, the desire for street celebrations has already been expressed by the public. In 2011 over 20,000 people took place in a daytime march in different cities, preceding the nighttime clashes in Warsaw. In response, the President of Poland Bronisław Komorowski proposed in 2011 that he will lead the new official Independence March in 2012. His offer was backed by the ruling PO and PSL coalition, but opposed by the nationalists.  As of 2012 there is a popular and all-inclusive march taking place in Warsaw led by the President under the name "Razem dla Niepodległej" ("Together for the Independent"). It is considered a continuation of the official ceremonies of the anniversary, and accompanied by patriotic displays and songs. The number of participants in the 2012 Presidential march was estimated at 10,000.  Meanwhile, the violent incidents were heavily covered in the Polish media, with commentators criticizing the lack of leadership on the part of the government in the face of the extremity of the far-right rhetoric. The media coverage is seen as selective and unduly focused on riots instead of the Presidential march which is in no way connected with them.  In 2017, 60,000 people marched in a procession organized by the Polish National Radical Camp and other far-right groups, some chanting "Death to enemies of the fatherland" and "Catholic Poland, not secular".  The slogan of the march was "We want God", which comes from an old Polish religious song and a phrase quoted by US President Donald Trump during his visit to Poland earlier in the year.  The Independence March in 2018 took place without major incidents. In Warsaw alone, at least 250,000 civilians participated in the celebrations.

National Independence Day () is a national day in Poland celebrated on 11 November to commemorate the anniversary of the restoration of Poland's sovereignty as the Second Polish Republic in 1918 from the German, Austro-Hungarian and Russian Empires. Following the partitions in the late 18th century, Poland ceased to exist for 123 years until the end of World War I, when the destruction of the neighbouring powers allowed the country to reemerge. It is a non-working day in Poland.

波兰国家独立日()是波兰的国庆日,定于每年的11月11日,属国定假日。这个节日的订定是为庆祝遭俄罗斯帝国、普鲁士帝国及哈布斯堡王朝分割的波兰,在历经123年之后,于第二共和时期重新夺回主权。波兰主权的夺回是一个渐进的过程,并非一蹴而就,之所以会定在11月11日,乃是因为约瑟夫·毕苏斯基在这一天取得波兰的掌控权。此一国定假日制定于1937年,在第二次世界大战前只庆祝过两次。战后,波兰人民共和国的共产政权将这个独立纪念日自月历上删除,但波兰人民依旧在私底下庆祝。约瑟夫·斯大林底下的共产党波兰民族解放委员会发表宣言,正式以波兰国家重生日取代这个节日,并改于每年的7月22日庆祝。1989年,波兰脱离苏维埃的共产势力,恢复原本的11月11日独立纪念日。


In the Pali Canon.

In the Four Noble Truths, the Buddha identifies that the origin of suffering (Pali, Skt.: "dukkha") is craving (Pali: ""; Skt.: "). In the chain of Dependent Origination, the Buddha identifies that craving arises from sensations that result from contact at the six sense bases. (See Figure 2 below.) Therefore, to overcome craving and its resultant suffering, one should develop restraint of and insight into the sense bases.

Sense-base contexts.

Throughout the Pali Canon, the sense bases are referenced in hundreds of discourses. In these diverse discourses, the sense bases are contextualized in different ways including:

"Aflame with lust, hate and delusion".

In "The Vipers" discourse ("Asivisa Sutta", SN 35.197), the Buddha likens the internal sense bases to an "empty village" and the external sense bases to "village-plundering bandits." Using this metaphor, the Buddha characterizes the "empty" sense organs as being "attacked by agreeable & disagreeable" sense objects.  Elsewhere in the same collection of discourses (SN 35.191), the Buddha's Great Disciple Sariputta clarifies that the actual suffering associated with sense organs and sense objects is not "inherent" to these sense bases but is due to the "fetters" (here identified as "desire and lust") that arise when there is contact between a sense organ and sense object.  In the "Fire Sermon" ("Adittapariyaya Sutta", SN 35.28), delivered several months after the Buddha's awakening, the Buddha describes all sense bases and related mental processes in the following manner:

Extinguishing suffering's flame.

The Buddha taught that, in order to escape the dangers of the sense bases, one must be able to apprehend the sense bases without defilement. In "Abandoning the Fetters" (SN 35.54), the Buddha states that one abandons the fetters "when one knows and sees... as impermanent" (Pali: "anicca") the six sense organs, objects, sense-consciousness, contact and sensations. Similarly, in "Uprooting the Fetters" (SN 35.55), the Buddha states that one uproots the fetters "when one knows and sees... as nonself" ("anatta") the aforementioned five sextets.  To foster this type of penetrative knowing and seeing and the resultant release from suffering, in the Satipatthana Sutta (MN 10) the Buddha instructs monks to meditate on the sense bases and the dependently arising fetters as follows:

In post-canonical Pali texts.

The "Vimuttimagga", the "Visuddhimagga", and associated Pali commentaries and subcommentaries all contribute to traditional knowledge about the sense bases.

Understanding sense organs.

When the Buddha speaks of "understanding" the eye, ear, nose, tongue and body, what is meant?  According to the first-century CE Sinhalese meditation manual, "Vimuttimagga", the sense organs can be understood in terms of the object sensed, the consciousness aroused, the underlying "sensory matter," and an associated primary or derived element that is present "in excess." These characteristics are summarized in the table below. The compendious fifth-century CE "Visuddhimagga" provides similar descriptors, such as "the size of a mere louse's head" for the location of the eye's "sensitivity" (Pali: "pasāda"; also known as, "sentient organ, sense agency, sensitive surface"), and "in the place shaped like a goat's hoof" regarding the nose sensitivity (Vsm. XIV, 47–52). In addition, the Visuddhimagga describes the sense organs in terms of the following four factors: Thus, for instance, it describes the eye as follows:  In regards to the sixth internal sense base of mind ("mano"), Pali subcommentaries (attributed to Dhammapāla Thera) distinguish between consciousness arising from the five physical sense bases and that arising from the primarily post-canonical notion of a "life-continuum" or "unconscious mind" ("bhavaga-mana"):

The roots of wisdom.

In the fifth-century CE exegetical "Visuddhimagga", Buddhaghosa identifies knowing about the sense bases as part of the "soil" of liberating wisdom. Other components of this "soil" include the aggregates, the faculties, the Four Noble Truths and Dependent Origination.

See also.

<div col||20em|small=yes> <div col end

Āyatana (Pāli; Sanskrit: आयतन) is a Buddhist term that has been translated as "sense base", "sense-media" or "sense sphere." In Buddhism, there are six "internal" sense bases (Pali: "ajjhattikāni āyatanāni"; also known as, "organs", "gates", "doors", "powers" or "roots") and six "external" sense bases ("bāhirāni āyatanāni" or "sense objects"; also known as "vishaya" or "domains").

处(梵文与),又译为入,入处,佛教术语,意为感觉的感官基础、媒介和对象等。缘生心心所法的一切境可分为所依六内处和所缘六外处,合称十二处()。


Facilities.

The company headquarters of Cooler Master is located in Zhonghe District, New Taipei City, Taiwan and has a manufacturing facility in Huizhou, China. To support international operations, the company also has branch offices in various continents, including United States (Fremont, California and Chino, California), the Netherlands (Eindhoven), Germany (Augsburg), Russia (Moscow), and Brazil (São Paulo).

Products.

The company in March 2020 continues to release its own gaming headsets, with products like the MH670 headphones allowing customization through the Cooler Master configuration app, named Portal. It also makes esports mice.  One of its main current brands is the Hyper 212 Evo CPU cooler, which "PCWorld" says is "arguably the most popular CPU air cooler for the budget-minded crowd wanting to upgrade from the stock options." The company also makes PC cases. Air coolers to go on the cases are also made by Cooler Master, for example specifically for the Threadripper.  In January 2020, the company changed its applicator style to a new wide-tipped applicator, with Cooler Master stating that it was to alarm fewer parents about the older syringe shape.

CM Storm.

CM Storm is a subsidiary brand created in 2008. Products are developed using research collected from partnerships with gaming organizations in eSports including Mousesports and Frag Dominant. In September 2009, CM Storm launched the Sentinel Advanced mouse with a programmable organic light-emitting diode display. In January 2012, CM Storm launched the QuickFire Ultimate keyboard. In January 2013, CM Storm launched the Sirus S gaming headset featuring an inline remote with volume control and microphone mute button. As of 2018, Cooler Master no longer sells products under the CM Storm brand.

Cooler Master Co., Ltd. is a computer hardware manufacturer based in Taiwan. Founded in 1992, the company produces computer cases, power supplies, air and liquid CPU coolers, laptop cooling pads, and computer peripherals. Alongside its retail business, Cooler Master also is an original equipment manufacturer of cooling devices for other manufacturers including nVIDIA (VGA coolers), AMD (CPU coolers), and EVGA (motherboard heatsinks). The company has sponsored major eSports events. Some of Cooler Master's products have won awards including the iF product design award.

讯凯国际股份有限公司(Cooler Master Co., Ltd)是一家台湾电脑硬件生产商,1992年11月17日由现任总裁林仁政创立于台北市(初设立时原名「讯凯有限公司」),以生产个人电脑用散热器起家。产品阵线陆续扩大到电脑机壳、电源供应器、液冷散热系统与其它电脑周边。


History.

The word originally derives from the Latin "obligare" which comes from the root "lig" which suggests being bound, as one is to God for instance in "re-ligio". This term first appears in Plautus' play Truculentus at line 214.  Obligations did not originally form part of Roman Law, which mostly concerned issues of succession, property, and family relationships. It developed as a solution to a gap in the system, when one party committed a wrong against another party. These situations were originally governed by a basic customary law of revenge. This undesirable situation eventually developed into a system of liability where people were at first encouraged and then essentially forced to accept monetary compensation from the wrongdoer or their family instead of seeking vengeance. This signaled an important shift in the law away from vengeance and towards compensation. The state supported this effort by standardizing amounts for certain wrongs. Thus the earliest form of Obligation law derives out of what we would today call Delict.  However, it is important to note that liability in this form did not yet include the idea that the debtor "owed" monetary compensation to the creditor, it was merely a means of avoiding punishment. If the debtor or his family didn't have the means to pay then the old rules still applied as outlined in the twelve tables, specifically table 3. This section, despite how harsh it may appear to us, was originally developed as a means to protect debtors from the excessive abuses of creditors.

Definition.

Justinian first defines an obligation ("obligatio") in his "Institutiones", Book 3, section 13 as "a legal bond, with which we are bound by necessity of performing some act according to the laws of our State." He further separates the law of obligations into contracts, delicts, quasi-contracts, and quasi-delicts.  Nowadays, obligation, as applied under civilian law, means a legal tie ("vinculum iuris") by which one or more parties (obligants) are bound to perform or refrain from performing specified conduct (prestation). Thus an obligation encompasses both sides of the equation, both the obligor's duty to render prestation and the obligee's right to receive prestation. It differs from the common-law concept of obligation which only encompasses the duty aspect.  Every obligation has four essential requisites otherwise known as the elements of obligation. They are:

Classification in Roman Law.

Sources.

Obligations arising out of the will of the parties are called "voluntary", and those imposed by operation of law are called "involuntary". Sometimes these are called conventional and obediential. The events giving rise to obligations may be further distinguished into specified categories.  One of the first known classifications was made by Gaius in his "Institutions", who divided obligations into obligations "ex contractu (obligations arising from legal actions) and obligations "ex delicto (obligations arising from illegal, unlawful actions). However, since this classification was obviously too vague, in his work "Res cottidinanae" Gaius classified all obligations into the aforementioned obligations "ex contractu "and obligations ex delicto," as well as obligations "ex variis causarum figuris"," which was a heterogeneous category that was supposed to include all the cases of obligations not arising from delicts or contracts.  The most precise Roman classification of obligations was featured in Justinian's "Institutions" (not to be confused by Gaius's "Instutuions"), which classified them as obligations arising from contracts (ex contractu), those arising from delicts (ex maleficio), those arising from quasi-contracts (quasi ex contractu), and those arising from quasi-delicts (quasi ex maleficio).

Contracts.

A contract can be broadly defined as an agreement that is enforceable at law. Gaius classified contracts into four categories which are: contracts "consensu", verbal contracts, contracts "re", and contracts "litteris". But this classification cannot cover all the contracts, such as pacts and innominate contracts; thus, it is no longer used. According to many modern legal scholars, the most important classification of contracts is that of contracts "consensu," which only require the consent of wills to create obligations, and formal contracts, which have to be concluded in a specific form in order to be valid (for example, in many European countries a contract regulating the purchase of real estate must be concluded in a special written form that is validated by a public notary).

Quasi-contracts.

Quasi-contracts are supposed to be sources of obligations very similar to contracts, but the main difference is that they are not created by an agreement of wills. The main cases are "negotiorum gestio" (conducting of another person's affairs without their authorization), unjust enrichment, and "solutio indebiti". This Roman classification is quite controversial for today's standards, since many of these cases would be considered as completely different from contracts (most notably unjust enrichment), and would instead be classified as delicts or special sources of obligations.

Quasi-delicts.

The designation comprised a group of actions that are very similar to delicts, but lacking one of key elements of delicts. It includes "res suspensae", responsibility for things poured or thrown out of buildings, responsibility of shippers/innkeepers/stablekeepers, and erring judges. For example, the responsibility of innkeepers creates obligations when certain things left by guests in the lodging are destroyed, damaged or lost by the innkeeper's assistants or employees. In this case, the innkeeper is responsible for the damages to the guest's property, even though he did not cause them personally.

Subject matter.

Obligations are classified according to the nature of the performance (prestation):

The law of obligations is one branch of private law under the civil law legal system and so-called "mixed" legal systems. It is the body of rules that organizes and regulates the rights and duties arising between individuals. The specific rights and duties are referred to as "obligations", and this area of law deals with their creation, effects and extinction.

债权(、英语:law of obligations)是大陆法系法律体系中,一方当事人得请求他方当事人为一定行为(作为或不作为)的司法上权利,规范此类权利发生、进行及消灭之法律即为债法。本于权利义务相对原则,相对于债权者为债务,即必须为一定行为(作为或不作为)的司法上义务。因此债之关系本质上即为一司法上的债权债务关系,债权和债务都不能单独存在,否则即失去意义。


Supreme Court of the United Kingdom.

The Supreme Court of the United Kingdom is the highest appeal court in almost all cases in England and Wales. Before the Constitutional Reform Act 2005 this role was held by the House of Lords. The Supreme Court is also the highest court of appeal for devolution matters, a role previously held by the Judicial Committee of the Privy Council.  The Supreme Court has a separate administration from the other courts of England and Wales, and its administration is under a Chief Executive who is appointed by the President of the Supreme Court of the United Kingdom.

Senior Courts of England and Wales.

The Senior Courts of England and Wales were originally created by the Judicature Acts as the "Supreme Court of Judicature". It was renamed the "Supreme Court of England and Wales" in 1981, and again to the "Senior Courts of England and Wales" by the Constitutional Reform Act 2005 (to distinguish it from the new Supreme Court of the United Kingdom). It consists of the following courts:  The Senior Courts of England and Wales, along with the Tribunals and other courts, are administered and supported by HM Courts and Tribunals Service.

Court of Appeal.

The Court of Appeal deals only with appeals from other courts or tribunals. The Court of Appeal consists of two divisions: the Civil Division hears appeals from the High Court and the County Court and certain superior tribunals, while the Criminal Division may only hear appeals from the Crown Court connected with a trial on indictment (i.e., for a serious offense). Its decisions are binding on all courts, including itself, apart from the Supreme Court.

High Court.

The High Court of Justice functions both as a civil court of first instance and a criminal and civil appellate court for cases from the subordinate courts. It consists of three divisions: the Queen's Bench, the Chancery, and the Family divisions. The divisions of the High Court are not separate courts but have somewhat separate procedures and practices adapted to their purposes. Although particular kinds of cases will be assigned to each division depending on their subject matter, each division may exercise the jurisdiction of the High Court. However, beginning proceedings in the wrong division may result in a cost penalty.  The formation of The Business and Property Courts of England & Wales within the High Court was announced in March 2017, and launched in London in July 2017. The courts would in future administer the specialist jurisdictions that had previously been administered in the Queen's Bench Division under the names of the Admiralty Court, the Commercial Court, and the Technology & Construction Court, and under the Chancery Division's lists for Business, Company and Insolvency, Competition, Intellectual Property, Revenue, and Trusts and Probate.

Crown Court.

The Crown Court is a criminal court of both original and appellate jurisdiction which in addition handles a limited amount of civil business both at first instance and on appeal. It was established by the Courts Act 1971. It replaced the assizes whereby High Court judges would periodically travel around the country hearing cases, and quarter sessions which were periodic county courts. The Old Bailey is the unofficial name of London's most famous criminal court, which is now part of the Crown Court. Its official name is the "Central Criminal Court". The Crown Court also hears appeals from magistrates' courts.  The Crown Court is the only court in England and Wales that has the jurisdiction to try cases on indictment and when exercising such a role it is a superior court in that its judgments cannot be reviewed by the Administrative Court of the Queen's Bench Division of the High Court.  The Crown Court is an inferior court in respect of the other work it undertakes, viz. inter alia, appeals from the magistrates' courts and other tribunals.

Subordinate courts.

The most common subordinate courts in England and Wales are

County Court.

The County Court is a national court with a purely civil jurisdiction, sitting in 92 different towns and cities across England and Wales. As of 22 April 2014 there has been a single County Court for England and Wales where previously there was a series of courts. The County Court is so named after the ancient sheriff's court held in each county, but it has no connection with it nor indeed was the jurisdiction of the county courts based on counties.  A County Court hearing is presided over by either a district or circuit judge and, except in a small minority of cases such as civil actions against the police, the judge sits alone as a trier of fact and law without assistance from a jury. The old county courts' divorce and family jurisdiction was passed on 22 April 2014 to the single Family Court.  Until unification in 2014, county courts were local courts in the sense that each one has an area over which certain kinds of jurisdiction, for example, proceedings for possession of the land had to be started in the county court in whose district the property lay, but in general, any county court in England and Wales could hear any action and claims were frequently transferred from court to court.

Family Court.

The Family Court is a national court and has jurisdiction to hear all family cases in England and Wales. Local jurisdictional boundaries have disappeared and there is only one single jurisdiction for all family proceedings. The Family Court sits at many locations in England and Wales, and it usually sits at the County Court centers and magistrates courts where family work was previously heard by county courts or family proceedings courts. Family Court judges are now more categories of judges who will be eligible to hear family cases including lay magistrates, district judges, circuit judges, and High Court judges from the Family Division.

Magistrates' and youth courts.

Magistrates' courts are the criminal court where all criminal proceedings start. They are presided over by a bench of lay magistrates (A.K.A. justices of the peace), or a legally trained district judge (formerly known as a stipendiary magistrate), sitting in each local justice area. There are no juries. They have jurisdiction to hear minor criminal cases, as well as certain licensing appeals. Youth courts are run on similar lines to adult magistrates' courts but deal with offenders aged between the ages of ten and seventeen inclusive. Youth courts are presided over by a specially trained subset of experienced adult magistrates or a district judge. Youth magistrates have a wider catalog of disposals available to them for dealing with young offenders and often hear more serious cases against youths (which for adults would normally be dealt with by the Crown Court). Youth courts are not open to the public for observation, only the parties involved in a case being admitted.  Prior to the enactment of the Crime and Courts Act 2013, some magistrates' courts were also a family proceedings court and heard family law cases including care cases and they had the power to make adoption orders. Family cases are no longer heard by the magistrates' courts, instead of being heard by the single Family Court established by the 2013 Act.

Special courts and tribunals.

In addition, there are many other specialist courts. These are often described as "tribunals" rather than courts, but the difference in name is meaningless. For example, an employment tribunal is an inferior court of record for the purposes of the law of contempt of court. In many cases, there is a statutory right of appeal from a tribunal to a particular court or specially constituted appellate tribunal. In the absence of a specific appeals court, the only remedy from a decision of a tribunal may be via judicial review to the High Court, which will often be more limited in scope than an appeal.  Examples of specialist courts are:

Coroners' courts.

The post of coroner is ancient, dating from the 11th century, and coroners still sit today to determine the cause of death in situations where people have died in potentially suspicious circumstances, abroad, or in the care of central authority. They also have jurisdiction over treasure trove.

Ecclesiastical courts.

The Church of England is an established church (i.e. it is the official state church) and formerly had exclusive or non-exclusive subject matter jurisdiction over marriage and divorce cases, testamentary matters, defamation, and several other areas. Since the 19th century, the jurisdiction of the ecclesiastical courts has narrowed principally to matters of church property and errant clergy. Each diocese has a 'chancellor' (either a barrister or solicitor) who acts as a judge in the consistory court of the diocese. The bishop no longer has the right to preside personally, as he formerly did. Appeals lie to the Arches Court (in Canterbury) and the Chancery Court (in York), and from them to the Court of Ecclesiastical Causes Reserved (CECR). From the CECR appeals lie to the Judicial Committee of the Privy Council.

Military courts.

Military courts of the United Kingdom include

Criminal cases.

There are two kinds of criminal trials:'summary' and 'on indictment'. For an adult, summary trials take place in a magistrates' court, while trials on indictment take place in the Crown Court. Despite the possibility of two venues for trial, almost all criminal cases, however serious, commence in a magistrates' courts. It is possible to start a trial for an indictable offense by a voluntary bill of indictment, and go directly to the Crown Court, but that would be unusual.  A criminal case that starts in the magistrates' courts may begin either by the defendant being charged and then being brought forcibly before magistrates or by a summons to the defendant to appear on a certain day before the magistrates. A summons is usually confined to very minor offenses. The hearing (of the charge or summons) before the magistrates is known as a "first appearance".  Offenses are of three categories: indictable only, summary, and either way. Indictable only offenses such as murder and rape must be tried on indictment in the Crown Court. On first appearance, the magistrates must immediately refer the defendant to the Crown Court for trial, their only role being to decide whether to remand the defendant on bail or in custody.  Summary offenses, such as most motoring offenses, are much less serious and most must be tried in a magistrates' court, although a few may be sent for trial to the Crown Court along with other offenses that may be tried there (for example assault). The vast majority of offenses are also concluded in a magistrates' court (over 90% of cases).  Either way offenses are intermediate offenses such as theft and, with the exception of low-value criminal damage, maybe tried either summarily (by magistrates) or by judge and jury in the Crown Court. If the magistrates consider that an either way offense is too serious for them to deal with, they may "decline jurisdiction" which means that the defendant will have to appear in the Crown Court. Conversely, even if the magistrates accept jurisdiction, an adult defendant has a right to compel a jury trial. Defendants under eighteen years of age do not have this right and will be tried in a youth court (similar to a magistrates' court) unless the case is homicide or else is particularly serious.  A magistrates' court is made up in two ways. Either a group (known as a 'bench') of 'lay magistrates', or a district judge, will hear the case. A lay bench must consist of at least three magistrates. Alternatively, a case may be heard by a district judge (formerly known as a stipendiary magistrate), who will be a qualified lawyer and will sit singly, but has the same powers as a lay bench. District judges usually sit in the more busy courts in cities or hear complex cases (e.g. extradition). Magistrates have limited sentencing powers.  In the Crown Court, the case is tried before a recorder (part-time judge), circuit judge or a High Court judge, and a jury. The seniority of the judge depends on the seriousness and complexity of the case. The jury is involved only if the defendant enters a plea of "not guilty".

Appeals.

From the magistrates' courts, an appeal can be taken to the Crown Court on matters of fact and law or, on matters of law alone, to the Administrative Court of Queen's Bench Division of the High Court, which is called an appeal "by way of case stated". The magistrates' courts are also inferior courts and are therefore subject to judicial review.  The Crown Court is more complicated. When it is hearing a trial on indictment (a jury trial) it is treated as a superior court, which means that its decisions may not be judicially reviewed and appeal lies only to the Criminal Division of the Court of Appeal.  In other circumstances (for example when acting as an appeal court from a magistrates' court) the Crown Court is an inferior court, which means that it is subject to judicial review. When acting as an inferior court, appeals by way of case stated on matters of law may be made to the Administrative Court.  Appeals from the High Court, in criminal matters, lie only to the Supreme Court. Appeals from the Court of Appeal (Criminal Division) may also only be taken to the Supreme Court.  Appeals to the Supreme Court are unusual in that the court from which appeal is being made (either the High Court or the Court of Appeal) must certify that there is a point of law of general public importance. This additional control mechanism is not present with civil appeals and means that far fewer criminal appeals are heard by the Supreme Court.

Civil cases.

Under the Civil Procedure Rules 1998, civil claims under £10,000 are dealt with in the County Court under the'small claims track'. This is generally known to the lay public as'small claims court' but does not exist as a separate court. Claims between £10,000 and £25,000 that are capable of being tried within one day are allocated to the 'fast track' and claims over £25,000 to the'multi-track'. These 'tracks' are labels for the use of the court system – the actual cases will be heard in the County Court or the High Court depending on their value.  For personal injury, defamation cases, and in some landlord and tenant disputes, the thresholds for each track have different values.

History.

For nearly 300 years, from the time of the Norman Conquest until 1362, French was the language of the courts, rather than English. Until the twentieth century, many legal terms were still expressed in Latin. The Supreme Court of Judicature was formed in 1875 from the merging of various courts then existing, such as the  The Court of Appeal in Chancery was merged into the Court of Appeal.  Other historical courts include:

Local courts of special jurisdiction.

The courts of session of the County Palatine of Chester and the Principality of Wales were abolished section 14 of by the Law Terms Act 1830.  The Court of the County of Durham was abolished by section 2 of the Durham (County Palatine) Act 1836.  The Stannaries Court was abolished by the Stannaries Court (Abolition) Act 1896.  The following courts were merged into the High Court by section 41 of the Courts Act 1971:  Section 42 replaced the Mayor's and City of London Court with a county court of the same name.  Section 43 abolished:  Section 221 of the Local Government Act 1972 abolished the borough civil courts listed in Schedule 28 to that Act.  Part II of Schedule 4 to the Administration of Justice Act 1977 curtailed the jurisdiction of certain other anomalous local courts.

The Courts of England and Wales, supported administratively by Her Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

英格兰和威尔士的法院(英语:Courts of England and Wales)是指负责在英格兰及威尔士地区审理民事及刑事案件的法院。这些法院采用英格兰及威尔士法律,并经由英国国会的法案设立。


Mythology.

As a girl, Eurycleia was bought by Laertes, Odysseus' father. He treated her as his wife, but she was never his consummated lover so as not to dishonor his real wife, Anticleia. She later nursed Telemachus, Odysseus' son.  Eurycleia's name means "broad fame," while Anticleia means "anti-fame." The tension between the meanings of Eurycleia's name and Anticleia's name reflected the tension between the two pillars of Odysseus' life. He was born to Anticleia, a noble woman, but was nursed (and essentially raised) by Eurycleia, a lower-class maid. Odysseus' fame came from his role as a noble hero paralleled to his role as an anonymous beggar. His heroism was essential for capturing Troy; his skills as an orator and schemer as well as his strength and skills on the battlefield were instrumental in the success of the Greeks. However, he took on the role of a beggar not once, but twice. Odysseus' first appeared as a beggar to sneak into Troy and kill unsuspecting Trojan soldiers, and again when he returned home to Ithaca and planned to kill all of Penelope's suitors. In many ways, his role as a beggar, especially when he returned to Ithaca is far more meaningful. His re-entry into his own home after twenty years was arguably the most important moment of his life, perhaps suggesting that his role as a beggar — and his connection with Eurycleia — is what is most important to him.  Eurycleia was the only person to recognize him without him first revealing himself (as he did to Telemachus) after he returned home from the Trojan War. After he entered his own house as a guest of Penelope disguised as a beggar, Eurycleia bathed him and recognized him by a scar just above his knee, which he got from a boar while hunting with his grandfather Autolycus.  Odysseus stopped her from telling Penelope or anyone else (except Telemachus, who already knows) in the house of his true identity: Gripping her by the throat he saids, "Nanny, d'ye want to destroy me?...not another soul must know. Or...I will not spare even you my nurse, when I kill the other women in this house."  Eurycleia also informed Odysseus which of his servant girls had been unfaithful to Penelope during his absence, conspiring with Penelope's suitors and becoming their lovers. Among them was Melantho. His son Telemachus hanged the twelve that Eurycleia identified.  Later, Eurycleia informed Penelope that Odysseus has returned, but Penelope does not believe the maid. The queen then tested Odysseus to prove that he was indeed her husband and asked him to move the bed Odysseus built in their marriage-chamber; Odysseus told Penelope that it was not possible, as one of the legs of the bed was built into a live olive tree, a secret that only Penelope and Odysseus would know. She finally accepted that her husband has returned.  In addition, it was Eurycleia who gave provisions and supplies to Telemachus from the storehouse before he left for Pylos to seek news about Odysseus. She took an oath not to tell Penelope he had left until 12 days had passed; Telemachus not wanting his mother to be any more worried than she already was.

In Greek mythology, Eurycleia (Ancient Greek: Εὐρύκλεια "Eurýkleia"), or Euryclea (; also known as Antiphata (Ἀντιφάτη "Antipháte") in other traditions), is the daughter of Ops and granddaughter of Peisenor, as well as the wet-nurse of Odysseus.

尤丽克莱亚(, "Eurykleia")是希腊神话的登场人物。奥德赛斯的乳母。


Overview.

There are three parties directly involved: the "factor" who purchases the receivable, the one who sells the receivable, and the debtor who has a financial liability that requires him or her to make a payment to the owner of the invoice. The receivable, usually associated with an invoice for work performed or goods sold, is essentially a financial asset that gives the owner of the receivable the legal right to collect money from the debtor whose financial liability directly corresponds to the receivable asset. The seller "sells" the receivables at a discount to the third party, the specialized financial organization (aka the factor) to obtain cash. This process is sometimes used in manufacturing industries when the immediate need for raw material outstrips their available cash and ability to purchase "on account". Both invoice discounting and "factoring" are used by B2B companies to ensure they have the immediate cash flow necessary to meet their current and immediate obligations. Invoice factoring is not a relevant financing option for retail or B2C companies because they generally do not have business or commercial clients, a necessary condition for factoring.  The "sale" of the receivable transfers ownership of the receivable to the factor, indicating the factor obtains all of the rights associated with the receivables. Accordingly, the receivable becomes the factor's asset, and the factor obtains the right to receive the payments made by the debtor for the invoice amount, and is free to pledge or exchange the receivable asset without unreasonable constraints or restrictions. Usually, the account debtor is notified of the sale of the receivable, and the factor bills the debtor and makes all collections; however, non-notification factoring, where the client (seller) collects the accounts sold to the factor, as agent of the factor, also occurs. The arrangement is usually confidential in that the debtor is not notified of the assignment of the receivable and the seller of the receivable collects the debt on behalf of the factor. If the factoring transfers the receivable "without recourse", the factor (purchaser of the receivable) must bear the loss if the account debtor does not pay the invoice amount. If the factoring transfers the receivable "with recourse", the factor has the right to collect the unpaid invoice amount from the transferor (seller). However, any merchandise returns that may diminish the invoice amount that is collectible from the accounts receivable are typically the responsibility of the seller, and the factor will typically hold back paying the seller for a portion of the receivable being "sold" (the "factor's holdback receivable") in order to cover the merchandise returns associated with the factored receivables until the privilege to return the merchandise expires.  There are four principal parts to the factoring transaction, all of which are recorded separately by an accountant who is responsible for recording the factoring transaction:

Rationale.

Factoring is a method used by some firms to obtain cash. Certain companies factor accounts when the available cash balance held by the firm is insufficient to meet current obligations and accommodate its other cash needs, such as new orders or contracts; in other industries, however, such as textiles or apparel, for example, financially sound companies factor their accounts simply because this is the historic method of financing. The use of factoring to obtain the cash needed to accommodate a firm's immediate cash needs will allow the firm to maintain a smaller ongoing cash balance. By reducing the size of its cash balances, more money is made available for investment in the firm's growth.  Debt factoring is also used as a financial instrument to provide better cash flow control especially if a company currently has a lot of accounts receivables with different credit terms to manage. A company sells its invoices at a discount to their face value when it calculates that it will be better off using the proceeds to bolster its own growth than it would be by effectively functioning as its "customer's bank." Accordingly, factoring occurs when the rate of return on the proceeds invested in production exceed the costs associated with factoring the receivables. Therefore, the trade-off between the return the firm earns on investment in production and the cost of utilizing a factor is crucial in determining both the extent factoring is used and the quantity of cash the firm holds on hand.  Many businesses have cash flow that varies. It might be relatively large in one period, and relatively small in another period. Because of this, businesses find it necessary to both maintain a cash balance on hand, and to use such methods as factoring, in order to enable them to cover their short term cash needs in those periods in which these needs exceed the cash flow. Each business must then decide how much it wants to depend on factoring to cover short falls in cash, and how large a cash balance it wants to maintain in order to ensure it has enough cash on hand during periods of low cash flow.  Generally, the variability in the cash flow will determine the size of the cash balance a business will tend to hold as well as the extent it may have to depend on such financial mechanisms as factoring. Cash flow variability is directly related to two factors:  If cash flow can decrease drastically, the business will find it needs large amounts of cash from either existing cash balances or from a factor to cover its obligations during this period of time. Likewise, the longer a relatively low cash flow can last, the more cash is needed from another source (cash balances or a factor) to cover its obligations during this time. As indicated, the business must balance the opportunity cost of losing a return on the cash that it could otherwise invest, against the costs associated with the use of factoring.  The cash balance a business holds is essentially a demand for transactions money. As stated, the size of the cash balance the firm decides to hold is directly related to its unwillingness to pay the costs necessary to use a factor to finance its short term cash needs. The problem faced by the business in deciding the size of the cash balance it wants to maintain on hand is similar to the decision it faces when it decides how much physical inventory it should maintain. In this situation, the business must balance the cost of obtaining cash proceeds from a factor against the opportunity cost of the losing the Rate of Return it earns on investment within its business. The solution to the problem is:  where Today factoring's rationale still includes the financial task of advancing funds to smaller rapidly growing firms who sell to larger more credit-worthy organizations. While almost never taking possession of the goods sold, factors offer various combinations of money and supportive services when advancing funds.  Factors often provide their clients four key services: information on the creditworthiness of their prospective customers domestic and international, and, in nonrecourse factoring, acceptance of the credit risk for "approved" accounts; maintain the history of payments by customers (i.e., accounts receivable ledger); daily management reports on collections; and, make the actual collection calls. The outsourced credit function both extends the small firms effective addressable marketplace and insulates it from the survival-threatening destructive impact of a bankruptcy or financial difficulty of a major customer. A second key service is the operation of the accounts receivable function. The services eliminate the need and cost for permanent skilled staff found within large firms. Although today even they are outsourcing such back-office functions. More importantly, the services insure the entrepreneurs and owners against a major source of a liquidity crises and their equity.

Process.

The factoring process can be broken up into two parts: the initial account setup and ongoing funding. Setting up a factoring account typically takes one to two weeks and involves submitting an application, a list of clients, an accounts receivable aging report and a sample invoice. The approval process involves detailed underwriting, during which time the factoring company can ask for additional documents, such as documents of incorporation, financials, and banks statements. If approved, the business will be set up with a maximum credit line from which they can draw. In the case of notification factoring, the arrangement is not confidential and approval is contingent upon successful notification; a process by which factoring companies send the business's client or account debtor a Notice of Assignment. The Notice of Assignment serves to  Once the account is set up, the business is ready to start funding invoices. Invoices are still approved on an individual basis, but most invoices can be funded in a business day or two, as long as they meet the factor's criteria. Receivables are funded in two parts. The first part is the "advance" and covers 80% to 85% of the invoice value. This is deposited directly to the business's bank account. The remaining 15% to 20% is rebated, less the factoring fees, as soon as the invoice is paid in full to the factoring company.

Accounts receivable discounting.

Non-recourse factoring should not be confused with making a loan. When a lender decides to extend credit to a company based on assets, cash flows, and credit history, the borrower must recognize a liability to the lender, and the lender recognizes the borrower's promise to repay the loan as an asset. Factoring without recourse is a "sale" of a financial asset (the receivable), in which the factor assumes ownership of the asset and all of the risks associated with it, and the "seller" relinquishes any title to the asset "sold". An example of factoring is the credit card. Factoring is like a credit card where the bank (factor) is buying the debt of the customer without recourse to the seller; if the buyer doesn't pay the amount to the seller the bank cannot claim the money from the seller or the merchant, just as the bank in this case can only claim the money from the debt issuer. Factoring is different from invoice discounting, which usually doesn't imply informing the debt issuer about the assignment of debt, whereas in the case of factoring the debt issuer is usually notified in what is known as notification factoring. One more difference between the factoring and invoice discounting is that in case of factoring the seller assigns all receivables of a certain buyer(s) to the factor whereas in invoice discounting the borrower (the seller) assigns a receivable balance, not specific invoices. A factor is therefore more concerned with the credit-worthiness of the company's customers. The factoring transaction is often structured as a purchase of a financial asset, namely the accounts receivable. A non-recourse factor assumes the "credit risk" that an account will not collect due solely to the financial inability of account debtor to pay. In the United States, if the factor does not assume the credit risk on the purchased accounts, in most cases a court will recharacterize the transaction as a secured loan.  When a company decides to factors account receivables invoices to a principles factors or broker, it needs to understands the risks and rewards involved with factoring. Amount of funding can vary depending on the specific accounts receivables, debtor and industry that factoring occurs in. Factors can limit and restrict funding in such occasions where the debtor is found not credit worthy, or the invoice amount represents too big of a portion of the business' annual income. Another area of concern is when the cost of invoice factoring is calculated. It's a compound of an administration charge and interest earned overtime as the debtor takes time to repay the original invoice. Not all factoring companies charge interest over the time it takes to collect from a debtor, in this case only the administration charge needs to be taken into account although this type of facility is comparatively rare. There are major industries which stand out in the factoring industry which are:  1. Distribution 2. Retail 3. Manufacturing 4. Transportation 5. Services 6. Construction  However, most businesses can apply invoice factoring successfully to their funding model.

Common factoring terms.

Discount rate or factoring fee.

The discount rate is the fee a factoring company charges to provide the factoring service. Since a formal factoring transaction involves the outright purchase of the invoice, the discount rate is typically stated as a percentage of the face value of the invoices. For instance, a factoring company may charge 5% for an invoice due in 45 days. In contrast, companies that do accounts receivable financing may charge per week or per month. Thus, an invoice financing company that charges 1% per week would result in a discount rate of 6–7% for the same invoice.

Advance rate.

The advance rate is the percentage of an invoice that is paid out by the factoring company upfront. The difference between the face value of the invoice and the advance rates serves to protect factors against any losses and to ensure coverage for their fees. Once the invoice is paid, the factor gives the difference between the face value, advance amount and fees back to the business in the form of a factoring rebate.

Reserve account.

Whereas the difference between the invoice face value and the advance serves as a reserve for a specific invoice, many factors also hold an ongoing reserve account which serves to further reduce the risk for the factoring company. This reserve account is typically 10–15% of the seller's credit line, but not all factoring companies hold reserve accounts.

Long-term contracts and minimums.

While factoring fees and terms range widely, many factoring companies will have monthly minimums and require a long-term contract as a measure to guarantee a profitable relationship. Although shorter contract periods are now becoming more common, contracts and monthly minimums are typical with "whole ledger" factoring, which entails factoring all of a company's invoices or all of the company's invoices from a particular debtor.

Spot factoring.

Spot factoring, or single invoice discounting, is an alternative to "whole ledger" and allows a company to factor a single invoice. The added flexibility for the business, and lack of predictable volume and monthly minimums for factoring providers means that spot factoring transactions usually carry a cost premium.

Treatment under GAAP.

In the United States, under the Generally Accepted Accounting Principles (GAAP), receivables are considered "sold", under FASB ASC 860-10 (or under Statement of Financial Accounting Standards No. 140, paragraph 112), when the buyer has "no recourse". Moreover, to treat the transaction as a sale under GAAP, the seller's monetary liability under any "recourse" provision must be readily estimated at the time of the sale. Otherwise, the financial transaction is treated as a secured loan, with the receivables used as collateral.  When a nonrecourse transaction takes place, the accounts receivable balance is removed from the statement of financial position. The corresponding debits include the expense recorded on the income statement and the proceeds received from the factor.

History.

Factoring's origins lie in the financing of trade, particularly international trade. It is said that factoring originated with ancient Mesopotamian culture, with rules of factoring preserved in the Code of Hammurabi.  Factoring as a fact of business life was underway in England prior to 1400, and it came to America with the Pilgrims, around 1620. It appears to be closely related to early merchant banking activities. The latter however evolved by extension to non-trade related financing such as sovereign debt. Like all financial instruments, factoring evolved over centuries. This was driven by changes in the organization of companies; technology, particularly air travel and non-face-to-face communications technologies starting with the telegraph, followed by the telephone and then computers. These also drove and were driven by modifications of the common law framework in England and the United States.  Governments were latecomers to the facilitation of trade financed by factors. English common law originally held that unless the debtor was notified, the assignment between the seller of invoices and the factor was not valid. The Canadian Federal Government legislation governing the assignment of moneys owed by it still reflects this stance as does provincial government legislation modelled after it. As late as the current century, the courts have heard arguments that without notification of the debtor the assignment was not valid. In the United States, by 1949 the majority of state governments had adopted a rule that the debtor did not have to be notified, thus opening up the possibility of non-notification factoring arrangements.  Originally the industry took physical possession of the goods, provided cash advances to the producer, financed the credit extended to the buyer and insured the credit strength of the buyer. In England the control over the trade thus obtained resulted in an Act of Parliament in 1696 to mitigate the monopoly power of the factors. With the development of larger firms who built their own sales forces, distribution channels, and knowledge of the financial strength of their customers, the needs for factoring services were reshaped and the industry became more specialized.  By the twentieth century in the United States factoring was still the predominant form of financing working capital for the then-high-growth-rate textile industry. In part this occurred because of the structure of the US banking system with its myriad of small banks and consequent limitations on the amount that could be advanced prudently by any one of them to a firm. In Canada, with its national banks the limitations were far less restrictive and thus factoring did not develop as widely as in the US. Even then, factoring also became the dominant form of financing in the Canadian textile industry.  By the first decade of the 21st century, a basic public policy rationale for factoring remains that the product is well-suited to the demands of innovative, rapidly growing firms critical to economic growth. A second public policy rationale is allowing fundamentally good business to be spared the costly, time-consuming trials and tribulations of bankruptcy protection for suppliers, employees and customers or to provide a source of funds during the process of restructuring the firm so that it can survive and grow.

Modern forms.

In the latter half of the twentieth century the introduction of computers eased the accounting burdens of factors and then small firms. The same occurred for their ability to obtain information about debtor's creditworthiness. Introduction of the Internet and the web has accelerated the process while reducing costs. Today credit information and insurance coverage are instantly available online. The web has also made it possible for factors and their clients to collaborate in real time on collections. Acceptance of signed documents provided by facsimile as being legally binding has eliminated the need for physical delivery of "originals", thereby reducing time delays for entrepreneurs.  Traditionally, factoring has been a relationship driven business and factoring transactions have been largely manual and frequently involving a face to-face component as part of the relationship building process or due-diligence phase. This is especially true for small business factoring, in which the factoring companies tend to be locally or regionally focused. The geographic focus helps them better mitigate risks that because of their smaller scale, they otherwise couldn't afford to take.  To make the arrangement economically profitable, most factoring companies have revenue minimums (e.g. at least $500,000 in annual revenue) and require annual contracts and monthly minimums. More recently, several online factoring companies have emerged, leveraging aggregation, analytics, automation to deliver the benefits of factoring with the convenience and ease afforded by the internet. Some companies use technology to automate some of the risk and back-office aspects of factoring and provide the service via a modern web interface for additional convenience. This enables them to serve a broader range of small businesses with significantly lower revenue requirements without the need for monthly minimums and long-term contracts. Many of these companies have direct software integrations with software programs such as Quickbooks, allowing businesses to immediately receive funding without an application.  The emergence of these modern forms has not been without controversy. Critics accurately point out that none of these new players have experienced a complete credit cycle and thus, their underwriting models have not been market tested by an economic contraction. What's more, some of these new models rely on a market place lending format. It's unclear if this source of capital will be stable over time, as other companies, most notably, Lending Club, had a difficult time attracting investors in early 2016, even though net returns seem higher on invoice finance platforms such as MarketInvoice and FundThrough than on business loan platforms such as Funding Circle.

Specialized factoring.

With advances in technology, some invoice factoring providers have adapted to specific industries. This often affects additional services offered by the factor in order to best adapt the factoring service to the needs of the business. An example of this includes a recruitment specialist factor offering payroll and back office support with the factoring facility; a wholesale or /distribution factor may not offer this additional service. These differences can affect the cost of the facility, the approach the factor takes when collecting credit, the administration services included in the facility and the maximum size of invoices which can be factored.

Real estate.

Since the 2007 United States recession one of the fastest-growing sectors in the factoring industry is real estate commission advances. Commission advances work the same way as factoring but are done with licensed real estate agents on their pending and future real estate commissions. Commission advances were first introduced in Canada but quickly spread to the United States. Typically, the process consists of an online application from a real estate agent, who signs a contract selling future commissions at a discount; the factoring company then wires the funds to the agent's bank account.

Medical factoring.

The healthcare industry makes for a special case in which factoring is much needed because of long payment cycles from government, private insurance companies and other third party payers, but difficult because of HIPAA requirements. For this reasons medical receivables factoring companies have developed to specifically target this niche.

Construction.

Factoring is commonplace in the construction industry because of the long payment cycles that can stretch to 120 days and beyond. However, the construction industry has features that are risky for factoring companies. Because of the risks and exposure from mechanics' liens, danger of "paid-when-paid" terms, existence of progress billing, use of withholding, and exposure to economic cycles most "generalist" factoring companies avoid construction receivables entirely. That has created another niche of factoring companies that specialize in construction receivables.

Haulage.

Factoring is often used by haulage companies to cover upfront expenses, such as fuel. Factoring companies that cater to this niche offer services to help accommodate drivers on the road, including the ability to verify invoices and fund on copies sent via scan, fax or email, and the option to place the funds directly onto a fuel card, which works like a debit card. Haulage factors also offer fuel advance programs that provide a cash advance to carriers upon confirmed pickup of the load.

Invoice payers (debtors).

Large firms and organizations such as governments usually have specialized processes to deal with one aspect of factoring, redirection of payment to the factor following receipt of notification from the third party (i.e., the factor) to whom they will make the payment. Many but not all in such organizations are knowledgeable about the use of factoring by small firms and clearly distinguish between its use by small rapidly growing firms and turnarounds.  Distinguishing between assignment of the responsibility to perform the work and the assignment of funds to the factor is central to the customer or debtor's processes. Firms have purchased from a supplier for a reason and thus insist on that firm fulfilling the work commitment. Once the work has been performed, however, it is a matter of indifference who is paid. For example, General Electric has clear processes to be followed which distinguish between their work and payment sensitivities. Contracts direct with the US government require an assignment of claims, which is an amendment to the contract allowing for payments to third parties (factors).

Risks.

Risks to a factor include:

Reverse factoring.

In reverse factoring or supply-chain finance, the buyer sells its debt to the factor. That way, the buyer secures the financing of the invoice, and the supplier gets a better interest rate.

Factoring is a financial transaction and a type of debtor finance in which a business "sells" its accounts receivable (i.e., invoices) to a third party (called a factor) at a discount. A business will sometimes factor its receivable assets to meet its present and immediate cash needs. Forfaiting is a factoring arrangement used in international trade finance by exporters who wish to sell their receivables to a forfaiter. Factoring is commonly referred to as accounts receivable factoring, invoice factoring, and sometimes accounts receivable financing. Accounts receivable financing is a term more accurately used to describe a form of asset based lending against accounts receivable. The Commercial Finance Association is the leading trade association of the asset-based lending and factoring industries.

保理全称为保付代理, 又称承购应收账款、托收保付、应收账款保理,指企业将应收账款按一定折扣卖给第三方(保理机构),获得相应的融资款,以利于现金的尽快取得。


Description.

At its east end, Houston Street meets FDR Drive in an interchange at East River Park. West of FDR Drive, it intersects with Avenue D. Further west, other streets, including First Avenue, the Bowery, Lafayette Street and Broadway, intersect Houston Street. The Broadway intersection is the division point between East Houston Street and West Houston Street. Sixth Avenue intersects Houston Street at a curve in the road in Greenwich Village. East of Sixth Avenue, Houston street is bidirectional and separated by a median; west of Sixth, the street is narrower and unidirectional westbound. West Houston Street terminates at an intersection with West Street near Pier 40 on the Hudson River.

History.

Houston Street is named for William Houstoun, who was a delegate from the state of Georgia to the Continental Congress from 1784 through 1786 and to the Constitutional Convention in 1787. The street was christened by Nicholas Bayard (b. 1736), whose daughter, Mary, was married to Houstoun in 1788. The couple met while Houstoun, a member of an ancient and aristocratic Scottish family, was serving in the Congress. Bayard cut the street through a tract he owned in the vicinity of Canal Street in which he lived, and the city later extended it to include North Street, the northern border of New York's east side at the beginning of the 19th century.  The current spelling of the name is a corruption: the street appears as "Houstoun" in the city's Common Council minutes for 1808 and the official map drawn in 1811 to establish the street grid that is still current. In those years, the Texas hero Sam Houston, for whom the street is sometimes incorrectly said to have been named, was an unknown teenager in Tennessee. Also mistaken is the explanation that the name derives from the Dutch words "huis" for "house" and "tuin" for "garden." The narrow, westernmost stretch of the current Houston Street, from Sixth Avenue to the West Side Highway, was known as "Hammersley Street" (also spelled "Hamersly Street") until the middle 19th century, and was inside Greenwich Village. It later came to be regarded as the Village's southern boundary.  In 1891, Nikola Tesla established his Houston Street laboratory. Much of Tesla's research was lost in an 1895 fire.  The street, originally narrow, was markedly widened from Sixth Avenue to Essex Street in the early 1930s during construction of the Independent Subway System's Sixth Avenue Line. The street widening involved demolition of buildings on both sides of the street, resulting in numerous small, empty lots. Although some of these lots have been redeveloped, many of them are now used by vendors, and some have been turned into playgrounds and, more recently, community gardens.  Lower Manhattan's SoHo district takes its name from an acronym for "South of Houston", as the street serves as SoHo's northern boundary; another, narrower neighborhood north of Houston Street is correspondingly called NoHo.  In 1971, Houston Street became the southernmost street in Manhattan to extend between both the Hudson and East Rivers, when the World Trade Center was constructed and deprived Fulton Street of that title. With the reconstruction of the World Trade Center, Fulton Street was extended past Church Street to West Street, but is closed off to vehicular traffic west of Church Street.  A reconstruction project has been rebuilding parts of the street since 2005, and was completed in 2018.

Transportation.

, Houston Street is served by the New York City Bus route from the FDR Drive to Washington Street. The bus route itself had replaced an earlier streetcar line, which is now the from Avenues A to C.  A portion of the New York City Subway's IND Sixth Avenue Line runs under Houston Street, between Sixth Avenue to just before Avenue A; there are stations at Second Avenue () and Broadway – Lafayette Street (). Additionally, there is a station at Seventh Avenue, for the Houston Street (). The Bleecker Street station () has station entrances on the north side of Houston Street, due to its connection with the Broadway – Lafayette Street station as part of a larger station complex.  Exit 5 on the FDR Drive is on Houston Street. The street also connects directly with West Street and the West Side Highway; however, by then, Houston Street is westbound-only.

Houston Street ( ) is a major east-west thoroughfare in downtown Manhattan, running crosstown across the full width of the island of Manhattan, from Franklin D. Roosevelt East River Drive (FDR Drive) and East River Park on the East River to Pier 40 and West Street on the Hudson River. It was the southernmost street in Manhattan to reach both rivers between 1971 and the 2000s. It generally serves as the boundary between neighborhoods, with Alphabet City, the East Village, NoHo, Greenwich Village, and the West Village lying to the north of the street, and the Lower East Side, most of the Bowery, Nolita, and SoHo to the south. The numeric street-naming grid in Manhattan, created as part of the Commissioners' Plan of 1811, begins immediately north of Houston Street with 1st Street at Avenue A, although the grid does not fully come into effect until 13th Street.

豪斯顿街(Houston Street; )是曼哈顿 下城的一条主要街道,东西走向,横贯整个曼哈顿岛,从东河边的罗斯福东河公园大道和东河公园,到哈得逊河边的40号码头和西边公路。这条街构成多个街区的边界,包括北面的字母城(Alphabet City)、东村、诺豪区(NoHo)、格林尼治村和西村,南面的下东城、包厘街、诺丽塔(Nolita)和苏豪区。曼哈顿以数字命名的街道网,是1811年规划的结果,开始于豪斯顿街以北A大道处的1街。


Early life.

On 2 February 1980, Zhang was born as Zhang Jing in Yong'an, Fujian province, China. Zhang was brought up in a middle-class family in the countryside.

Education.

Zhang studied English in Beijing New Oriental Institute, a private language educational school in Beijing, China. Zhang graduated in Directing from Central Academy of Drama in Beijing, China.

Career.

Zhang's acting career began in both film and television in 2000. In 2005, she transitioned into an international films. Zhang came into international prominence through director Gu Changwei's debut film "Peacock", which won the Silver Bear at the 2005 Berlin International Film Festival. She was picked from 1,000 applicants for her role as a petulant, conniving homebound daughter who tries to chart her own course in life. Following which, she got a role in Tsui Hark's martial arts film "Seven Swords", which opened the Venice Film Festival in August 2005.  Zhang shed her gentle and quiet image to play the rebellious and gusty protagonist in "Huayao Bride in Shangri-la" (2005), and won the Beijing College Student Film Festival for Best Actress. She was named one of "Asia's Heroes" by "Time magazine".  In 2006, Zhang was cast as the tough-talking heroine in the Finnish-Chinese kungfu movie "Jade Warrior", directed by A. J. Annila. The same year, she starred in romantic drama "The Road" directed by Lu Chuan. Zhang won over the audience with the maturity she shows in her acting, and her extraordinary ability to touch hearts by interpreting the different stages of a Chinese woman's life. She won the Best Actress award at the 30th Cairo International Film Festival.  Zhang then starred in Derek Yee's smug drugging film "Protégé" (2007). Her portrayal of a woman who is forced to struggle between drug addiction and herself won praises from both the audience and critics. The same year, she made her Hollywood film debut in "Rush Hour 3" alongside Jackie Chan.  Zhang worked with German director Florian Gallenberger in the film "John Rabe" (2008), where she plays a college student whose family suffers in the Japanese invasion of Nanjing.  She then starred in Ann Hui's film "Night and Fog", a social commentary film which sheds light on Hong Kong immigrants from China. Her portrayal of the protagonist Ling, a woman who struggles with an abusive husband won rave reviews from critics and was described as a "turning point" in her career. The same year, she starred in "Red River" where she played a mentally-challenged Vietnamese girl.  Zhang next starred in Feng Xiaogang's disaster film "Aftershock" (2010), playing a girl who separates from her mother after the Tangshan earthquake and becomes a rescue worker. Zhang also takes part in earthquake relief efforts in real life. She is the ambassador of the charity SiyuanAOC Rainbow Plan, founded by China Siyuan Foundation for Poverty Alleviation and AOC Monitor.  Zhang then took a six-month break from the entertainment industry, stating that she was disappointed by the commercial nature of her recent roles. During this time, she served as a jury member at the Shanghai International Film Festival. She returned to the screen in the romantic comedy "Laucana" (2012) co-starring Shawn Yue.  In 2013, she starred in the action thriller "Switch" alongside Andy Lau. She also starred in the Italian film "The Mercury Factor" alongside Luca Barbareschi. In April 2013, Zhang was on location in Jerusalem, Israel, where she starred in "The Old Cinderella". Since China and Israel established diplomatic relationship, this was the first joint film project. Zhang next featured in "" (2015) alongside Tom Cruise. The same year, she was cast in the film adaptation of the best-selling novel, "The Three-Body Problem".  In 2017, Zhang was cast in the thriller film "Once Upon a Time in Northeast China"; as well as crime action film "Wings Over Everest".

Zhang Jingchu (, born 2 February 1980) is a Chinese film actress. Zhang is known for China Film Media Award Best Actress in the 2005 film Peacock, which was shown at the Berlin International Film Festival. Zhang most recently appeared in the 2018 film "Project Gutenberg".

张静初(1980年-2月2日),原名张静,于毕业后改名,中国女演员,出生于福建永安,毕业于中央戏剧学院97级导演系(大专)。2005年,以电影《孔雀》开始走红,一度有「小章子怡」之称。2007年,与成龙合演《火拼时速3》受到国际注目。她成功透过「优秀人才入境计划」,领取香港身份证取得香港居留权,并且持有香港特区护照。


History.

19th century.

Settlement.

The first settler to make Mount Gilead (Mt. Gilead) home was Lewis Hardenbrook, in 1817, though it was then called Whetstone and was located in Marion County. In 1824, Judge Jacob Young drew out the village; the plan consisting of 80 lots and also included a public square. Several years later, in 1832, Henry Ustick added an additional 70 lots to the village as well as an additional public square. The original public square was then referred to as the south square and the newer square, the north square. Many years later, in 1919, the north public square would become home to the Victory Shaft World War I Monument. This monument was given to the county for having the highest per capita war bond sales during a two-year period. Charles Webster built the first cabin in the village in December 1824. He served as the first Postmaster and operated the Post Office from the cabin, as well. In 1832, a measure was proposed to change the name of the town. Residents were asked to vote between the names Warsaw and Mt. Gilead. Mt. Gilead was chosen by a significant margin and the village was incorporated by state legislature several years later in 1839.  In 1848, Mt. Gilead was almost unanimously chosen to be the county seat for the newly formed Morrow County, Ohio. Morrow County was formed from parts of surrounding Marion, Knox, Richland, and Delaware counties. Given the village's elevated status as the county seat, village leaders enhanced many areas of the town's appearance by creating streets and clearing them and performed other improvements.

Railroad.

Soon after being named county seat, there was talk of building a rail line that would pass through Mt. Gilead between Cleveland and Columbus. Officials opened stock purchases and began preparations for the build. Tensions between villagers and railroad officials broke down the negotiations and the rail station was re-located to Cardington, several miles south of Mt. Gilead, and opened for business in 1851. The railroad would pass Mt. Gilead two miles to the west, in what is now known as Edison. Nearly 30 years later, Mt. Gilead did get a rail spur through the village, named. The Short Line opened in 1880.

Industry.

From its beginnings, industry has been a main support for Mt. Gilead. Various mills were an early staple in the village history, followed by a tile factory and with technological advances, eventually the still well known Hydraulic Press Manufacturing Company or HPM. HPM maintained some level of operations in Mt. Gilead until 2011, when it was moved to Marion.

Media.

Mt. Gilead had two media sources available to them in the 19th century, Democratic Messenger and The Whig Sentinel. Both papers began publishing in 1848 and both papers experienced a name change around 1860 with The Sentinel becoming The Morrow County Sentinel and The Messenger becoming The Union Register. The Union Register was published until 1971, while the Morrow County Sentinel is still in existence today.

Historic sites.

Four properties in Mount Gilead are listed on the National Register of Historic Places: the floral hall at the county fairgrounds, Levering Hall, the Morrow County Courthouse, and the James S. Trimble House. Levering Hall in particular is distinguished by its ornate Italianate architecture and its place as the center of community life for several decades. The Victory Shaft was erected in Mount Gilead's town square in December 1919, following World War I. It was presented as a gift from the federal government to Morrow County citizens to thank them for purchasing more war bonds per capita than any other county. Warren G. Harding, a Senator who would later be elected President, was the keynote speaker at the dedication.

Geography.

Mount Gilead is located at (40.552090, -82.831587). Its elevation is 1,081 feet above sea level.  According to the United States Census Bureau, the village has a total area of, of which, is land and is water.  Mount Gilead is considered to be a part of "Mid Ohio."

Demographics.

2010 census.

As of the census of 2010, there were 3,660 people, 1,482 households, and 875 families residing in the village. The population density was. There were 1,658 housing units at an average density of. The racial makeup of the village was 97.1% White, 0.1% Native American, 0.2% Asian, 0.3% from other races, and 2.0% from two or more races. Hispanic or Latino of any race were 1.9% of the population.  There were 1,482 households of which 32.4% had children under the age of 18 living with them, 40.7% were married couples living together, 13.0% had a female householder with no husband present, 5.3% had a male householder with no wife present, and 41.0% were non-families. 35.0% of all households were made up of individuals and 16.6% had someone living alone who was 65 years of age or older. The average household size was 2.34 and the average family size was 3.01.  The median age in the village was 36.9 years. 24.5% of residents were under the age of 18; 9.7% were between the ages of 18 and 24; 25.5% were from 25 to 44; 22.9% were from 45 to 64; and 17.3% were 65 years of age or older. The gender makeup of the village was 47.3% male and 52.7% female.

2000 census.

As of the census of 2000, there were 3,290 people, 1,291 households, and 843 families residing in the village. The population density was 1,035.7 people per square mile (399.5/km2). There were 1,354 housing units at an average density of 426.3 per square mile (164.4/km2). The racial makeup of the village was 97.78% White, 0.12% Native American, 0.24% Asian, 0.30% from other races, 1.06% Black, and 0.49% from two or more races. Hispanic or Latino of any race were 1.03% of the population.  There were 1,291 households out of which 31.6% had children under the age of 18 living with them, 50.8% were married couples living together, 10.6% had a female householder with no husband present, and 34.7% were non-families. 31.1% of all households were made up of individuals and 18.1% had someone living alone who was 65 years of age or older. The average household size was 2.35 and the average family size was 2.91.  In the village, the population was spread out with 24.0% under the age of 18, 8.4% from 18 to 24, 28.3% from 25 to 44, 20.5% from 45 to 64, and 18.8% who were 65 years of age or older. The median age was 38 years. For every 100 females, there were 90.5 males. For every 100 females age 18 and over, there were 90.0 males.  The median income for a household in the village was $31,894, and the median income for a family was $42,529. Males had a median income of $35,714 versus $22,425 for females. The per capita income for the village was $19,064. About 10.1% of families and 13.2% of the population were below the poverty line, including 18.1% of those under age 18 and 16.4% of those age 65 or over.

19th-century census data.

According to A.J. Baughman's "History of Morrow County, Ohio" (1911), early population data is as follows:

Government.

Mount Gilead is governed by a mayor and council. As of 2008, the mayor was Mike Porter, and the village council.

Education.

The city has a public lending library, the Mount Gilead Public Library.

Mount Gilead is a village in Morrow County, Ohio, United States.

芒特吉利阿德(英语:Mount Gilead)是美国俄亥俄州莫罗县的一个村和俄亥俄州的人口中心,是莫罗县的县城。 2010年人口普查时人口为3660人。该村成立于1832年,白人开拓者抵达该地区后八年。 在他们到达之前,森林是肖尼部落的狩猎区。