Except that we are facing the direct danger - - invalidation of the articles involved in the contract favorable to our interests , something like sharing the tax burdens , there seems no immediate need to send letter to him 除非我们面对直接的威胁- -需要对合同条款宣告无效使之对我方收益有利时,以及如何分担税负的问题,目前看起来没有立即写信给他的必要。
Procedural defense is a new kind of modern defense . it does not refer to the substantial defense against the prosecution , nor does it refer to presenting evidence and reasons to prove the innocence of the accused , the pettiness of his crime and the need for a mitigated punishment or exemption from criminal responsibility . in fact , the procedural defense directly aims at the procedures of the special organs by pointing out and proving their procedural irregularities that may result in the exclusion of the prosecutive evidence , or even may result in the termination of the whole prosecution in the interests of the accused 程序性辩护是现代刑事辩护的一种新的类型,它不是针对检控方的控诉内容,也不是提出证据和理由证明被追诉人无罪、罪轻或者应当减轻、免除其刑事责任,它直接针对刑事诉讼专门机关的诉讼程序,希望通过指出和证明追诉机关程序违法而使对辩方不利的证据被排除,或者违法程序被宣告无效甚至整个追诉程序被依法终结,从而达到有利于被追诉人的目的。
1 if the contract is avoided and there is a current price for the goods , the party claiming damages may , if he has not made a purchase or resale under article 75 , recover the difference between the price fixed by the contract and the current price at the time of avoidance as well as any further damages recoverable under article 74 如果合同被宣告无效,而货物又有时价,要求损害赔偿的一方,如果没有根据第七十五条规定进行购买或转卖,则可以取得合同规定的价格和宣告合同无效时的时价之间的差额以及按照第七十四条规定可以取得的任何其它损害赔偿。
If the contract is avoided and if , in a reasonable manner and within a reasonable time after avoidance , the buyer has bought goods in replacement or the seller has resold the goods , the party claiming damages may recover the difference between the contract price and the price in the substitute transaction as well as any further damages recoverable under article 74 . article 76 如果合同被宣告无效,而在宣告无效后一段合理时间内,买方已以合理方式购买替代货物,或者卖方已以合理方式把货物转卖,则要求损害赔偿的一方可以取得合同价格和替代货物交易价格之间的差额以及按照第七十四条规定可以取得的任何其他损害赔偿。