2008年7月11日 星期五

卡債族更生 迄今0人獲准-Yahoo!奇摩新聞

卡債族更生 迄今0人獲准-Yahoo!奇摩新聞
更新日期:2008/07/11 04:34 張國仁台北報導

全國21個地方法院受理卡債族 聲請更生、清算程序迄今滿3個月,司法院統計發現,在近6千件提出更生聲請事件中,法院已裁定837件,其中196件裁准開始進行程序,另641件遭到駁 回,法院裁駁件數占總裁定件數的76.58%,換句話說,近八成聲請更生的卡債族「不老實」,不是隱藏財產,就是所提更生方案不合理,被法院識破。

司法院民事廳長吳景源指出,債務人無論是在前置債務協商階段與債權銀行進行償債協議,或協商不成後向法院聲請更生或清算程序,都最講究要「誠實以對」。

吳景源說,這些經法院裁定,不准進入更生程序的聲請人,等於是回到「原點」,必須按先前與債權銀行所作的償債協議內容,按期按月繼續還債了。

雖然目前已經有196件更生聲請人,法院裁准開始進行更生程序,但直到昨日為止,這196件中還沒有任何1件更生方案獲得法院認可。

吳景源指出,法院裁准開始進入更生程序,表示債務人所規劃的更生方案可以向債權銀行提出來,要求債權人會議審核認可,若經債權人認可更生方案,就可向承辦法官請求對認可的更生方案作出裁定,這個程序需要一點時間。

經 法院裁定認可的更生方案,債務人只要依方案所載清償條件完成執行,就可以免責。例如,甲卡奴欠各債權銀行的總債務是1千萬元,但甲的月收入經扣除必要生活 費用後,每月僅剩1萬5千元可以償債,一般更生期限是6年,得延長2年為8年,8年總共償還144萬元後,等於是誠實的履行了更生方案,屆期後其他的欠債 就可以一筆勾銷。

因此,在聲請更生程序中,法院裁准進入更生程序、債權人會議認可更生方案、法院裁定認可更生方案,是三個重要的過程,債務人一一過關後,就可重獲更生。

萬 一債權人會議不認可債務人的更生方案,債務人是否就陷入無解的窘境呢?吳景源表示,法院得依職權裁定債務人的更生方案,這是一種補救的保障措施,但法院要 不要裁定認可聲請人的更生方案,就看聲請人所提更生方案的「誠實程度」是否能夠說服法官,讓法官足以判斷可行而作出認可裁定了。

司法院統計,大約有八成的卡債族,沒有請律師,直接向法院聲請更生或清算,這個數字顯示司法院事先協助民眾如何提出的聲請的前置宣導工作,十分成功。民事廳所苦心規劃的各項聲請表格與作業程序,也確實發揮了服務民眾的便民效果,值得肯定。


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John Forbes Nash


John Forbes Nash

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John Forbes Nash, Jr.
John Nash in 2006.
John Nash in 2006.
Born June 13, 1928 (1928-06-13) (age 80)
Bluefield, West Virginia, U.S.
Residence USA
Nationality United States
Fields Mathematician
Institutions Massachusetts Institute of Technology
Princeton University
Alma mater Carnegie Institute of Technology
Princeton University
Doctoral advisor Albert W. Tucker
Known for Nash equilibrium
Nash embedding theorem
Algebraic geometry
Notable awards Nobel Prize in Economics (1994)

John Forbes Nash, Jr. (born June 13, 1928), is an American mathematician who works in game theory, differential geometry, and partial differential equations, serving as a Senior Research Mathematician at Princeton University. He shared the 1994 Nobel Memorial Prize in Economic Sciences with game theorists Reinhard Selten and John Harsanyi.

Nash is also the subject of the Hollywood movie, A Beautiful Mind, which was nominated for eight Oscars,[1] and was based on the biography of the same name about him, his mathematical genius and his struggle with schizophrenia.

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[edit] Early life

Nash was born and raised in the state of West Virginia. He was born to electrical engineer John Forbes Nash and his wife Margaret Virginia Martin, an English and Latin teacher. On November 16, 1930 his sister Martha Nash was born. He was an avid reader of Compton's Pictured Encyclopedia, Life Magazine, and Time Magazine. Later he had a job at the Bluefield Daily Telegraph.

At the age of twelve, he was carrying out scientific experiments in his room. It was quite apparent at a young age that he did not like working with other people, preferring to do things alone. He returned the social rejection of his classmates with practical jokes and intellectual superiority, believing their dances and sports to be a distraction from his experiments and studies.

Martha, his younger sister, seems to have been a normal child, while John seemed different from other children. She wrote later in life: "Johnny was always different. [My parents] knew he was different. And they knew he was bright. He always wanted to do things his way. Mother insisted I do things for him, that I include him in my friendships... but I wasn't too keen on showing off my somewhat odd brother." [2]

In his autobiography, Nash notes that it was E.T. Bell's book, Men of Mathematics—in particular, the essay on Fermat—that first sparked his interest in mathematics. He attended classes at Bluefield College while still in high school. He later attended the Carnegie Institute of Technology (now Carnegie Mellon University) in Pittsburgh, Pennsylvania on a Westinghouse scholarship, where he studied first chemical engineering and later chemistry before switching to mathematics. He received both his bachelor's degree and his master's degree in 1948 while at the Carnegie Institute.

After graduation, Nash took a summer job in White Oak, Maryland, working on a Navy research project being run by Clifford Truesdell.

[edit] Post-graduate life

In 1948, while applying to Princeton’s mathematics department, Nash's advisor and former Carnegie Tech professor, R.J. Duffin, wrote a letter of recommendation consisting of a single sentence: "This man is a genius."[3] Though accepted by Harvard University, which had been his first choice because of what he perceived to be the institution's greater prestige and superior mathematics faculty, he was aggressively pursued by then chairman of the mathematics department at Princeton University, Solomon Lefschetz, whose offer of the John S. Kennedy fellowship was enough to convince him that Harvard valued him less.[4] Thus, from White Oak he went to Princeton University, where he worked on his equilibrium theory (Nash equilibrium). He earned a doctorate in 1950 with a dissertation on non-cooperative games.[5] The thesis, which was written under the supervision of Albert W. Tucker, contained the definition and properties of what would later be called the "Nash equilibrium". These studies led to three articles:

Nash also did important work in the area of algebraic geometry:

His most famous work in pure mathematics was the Nash embedding theorem, which showed that any abstract Riemannian manifold can be isometrically realized as a submanifold of Euclidean space. He also made contributions to the theory of nonlinear parabolic partial differential equations.

In 1951, Nash went to the Massachusetts Institute of Technology as a C. L. E. Moore Instructor in the mathematics faculty. There, he met Alicia López-Harrison de Lardé (born January 1, 1933), a physics student from El Salvador, whom he married in February 1957. Alicia admitted Nash to a mental hospital in 1959 for schizophrenia; their son, John Charles Martin Nash, was born soon afterwards, but remained nameless for a year because his mother felt that her husband should have a say in the name.

Nash and Lopez-Harrison de Lardé divorced in 1963, but reunited in 1970, in a nonromantic relationship that resembled that of two unrelated housemates. Alicia referred to him as her "boarder" and said they lived "like two distantly related individuals under one roof," according to Sylvia Nasar's 1998 biography of Nash, A Beautiful Mind. The couple renewed their relationship after Nash won the Nobel Prize in Economics in 1994. They remarried June 1, 2001.

Nash had another son, John David (born June 19, 1953), with Eleanor Stier, but allegedly had little to do with the child or his mother. However, in a CBS 60 Minutes interview aired in March 2002, the mathematician denied that his relationship with his son from a previous relationship was "non-existent", that in fact he and John Stier are in contact and that Stier even received a share of the film's royalties.

[edit] Schizophrenia

Nash began to show signs of schizophrenia in 1958. He became paranoid and was admitted into the McLean Hospital, April–May 1959, where he was diagnosed with paranoid schizophrenia and mild clinical depression.[2][6] After a problematic stay in Paris and Geneva, Nash returned to Princeton in 1960. He remained in and out of mental hospitals until 1970, being given insulin shock therapy and antipsychotic medications, sometimes as a result of being committed.[2][7][8] After 1970, by his choice, he never took antipsychotic medication again. According to his biographer Nasar, he recovered gradually with the passage of time. Encouraged by his now former wife, Alicia, Nash worked in a communitarian setting where his eccentricities were accepted.

In campus legend, Nash became "The Phantom of Fine Hall" (Fine Hall is Princeton's mathematics center), a shadowy figure who would scribble arcane equations on blackboards in the middle of the night. The legend appears in a work of fiction based on Princeton life, The Mind-Body Problem, by Rebecca Goldstein.

[edit] Recognition and later career

In 1978, Nash was awarded the John von Neumann Theory Prize for his discovery of non-cooperative equilibria, now called Nash equilibria. He won the Leroy P. Steele Prize in 1999.

In 1994, he received the Nobel Memorial Prize in Economic Sciences (along with two others), as a result of his game theory work as a Princeton graduate student. In the late 1980s, Nash had begun to use electronic mail to gradually link with working mathematicians who realized that he was "the" John Nash and that his new work had value. They formed part of the nucleus of a group that contacted the Bank of Sweden's Nobel award committee, and were able to vouch for Nash's mental health ability to receive the award in recognition of his early work.

Nash's recent work involves ventures in advanced game theory, including partial agency, that show that, as in his early career, he prefers to select his own path and problems. Between 1945 and 1996, he published 23 scientific studies.

Nash also created two popular games: Hex (independently created first in 1942 by Piet Hein), and So Long Sucker in 1950 with M. Hausner and Lloyd S. Shapley.

[edit] Personal life

In 2002 aspects of Nash's personal life were brought to international attention when "mudslinging" ensued over screenwriter Akiva Goldsman's semifictional interpretation of Sylvia Nasar's biography of Nash's life in A Beautiful Mind in relation to the film of the same name.[9] The movie A Beautiful Mind, nominated for eight Oscars,[1] credits Goldsman under "written by" rather than "screenplay by" from the Writer's Guild as Goldsman's "omissions are glaring and peculiar, specifically Nash's homosexual experiences,[10] his extramarital sexual activities,[11][1] his racial attitudes and anti-Semitic remarks."[12] Nash later claimed any antisemitic remarks must have been made while he was delirious.[12]

In the mid-1950s Nash was arrested in a Santa Monica restroom on a morals charge related to a gay sexual encounter and "subsequently lost his post at the RAND Corporation along with his security clearance."[13][14] According to Nasar, "After this traumatic series of career-threatening events, he decided to marry."[14]

Nasar stated about the film that the filmmakers had "invented a narrative that, while far from a literal telling, is true to the spirit of Nash's story."[10] Others suggested that the material was "conveniently left out of the movie in order to make Nash more sympathetic,"[15] possibly in an effort to more fully focus on the "debilitating longevity" of living with paranoid-schizophrenia on a day-to-day basis.[15]

Russell Crowe played the John Nash role in the movie adaptation of the book.

New York Times critic A. O. Scott pointed to a different perspective. Scott wrote of the Oscar scandal and the artistic choices made in the omissions as well as choices, such as casting actors, that have to be made that "the cold war in A Beautiful Mind in which the paranoia and uncertainty of McCarthy-era academic life is reduced to spy-movie clichés" smoothed over "and made palatable and familiar" a "difficult passage in American history."[16] Thus the cold war's effects on Nash's life and career were left unexplored.[16] Goldsman won the Oscar for "Best Adapted Screenplay".[12]

[edit] References

  1. ^ a b c "Oscar race scrutinizes movies based on true stories". USA Today (6 March 2002). Retrieved on 2008-01-22.
  2. ^ a b c Nasar, Sylvia. A Beautiful Mind, page 32. Simon & Schuster, 1998
  3. ^ Kuhn W., Harold; Sylvia Nasar (Eds.). "The Essential John Nash" (PDF) Introduction, xi. Princeton University Press. Retrieved on 2008-04-17.
  4. ^ Nasar, Sylvia. A Beautiful Mind, page 46-47. Simon & Schuster, 1998
  5. ^ Seeley G. Mudd Manuscript Library : FAQ John Nash
  6. ^ Wehner, Chris C. (2003). "Who Wrote That Movie?: Screenwriting in Review: 2000 - 2002". iUniverse; ISBN:0595292690. Retrieved on 2008-07-10.
  7. ^ Ebert, Roger (2002). "Roger Ebert's Movie Yearbook 2003". Andrews McMeel Publishing. Retrieved on 2008-07-10.
  8. ^ Beam, Alex (2001). "Gracefully Insane: The Rise and Fall of America's Premier Mental Hospital". PublicAffairs; ISBN:1586481614. Retrieved on 2008-07-10.
  9. ^ Levy, Emanuel (2003, page 16). "All about Oscar: The History and Politics of the Academy Awards". Continuum International Publishing Group, ISBN 0826414524. Retrieved on 2008-01-22.
  10. ^ a b "A Real Number". Slate Magazine. Retrieved on 16 August 2007.
  11. ^ "Eleanor Stier, 84". The Boston Globe. Retrieved on 5 December 2007.
  12. ^ a b c Levy, Emanuel (2003, page 145). "All about Oscar: The History and Politics of the Academy Awards". Continuum International Publishing Group, ISBN 0826414524. Retrieved on 2008-01-22.
  13. ^ Leebaert, Derek (2002, page 117). "The Fifty-Year Wound: How America's Cold War Victory Shapes Our World". Back Bay, ISBN 0316164968. Retrieved on 2008-01-22.
  14. ^ a b Johnson, David K. (2004, page 160). "The Lavender Scare: The Cold War Persecution of Gays and Lesbians in The Federal Government". University of Chicago Press, ISBN 0226404811. Retrieved on 2008-01-22.
  15. ^ a b Wehner, Chris C. (2003, page 40). "Who Wrote That Movie?: Screenwriting in Review: 2000 - 2002". iUniverse, ISBN 0595292690. Retrieved on 2008-01-22.
  16. ^ a b Scott, A. O. (21 March 2002). "Critic's Notebook: A 'Mind' Is a Hazardous Thing to Distort". New York Times. Retrieved on 2008-01-22.

[edit] External links

Wikiquote has a collection of quotations related to:
Persondata
NAME Jr., John Forbes Nash
ALTERNATIVE NAMES
SHORT DESCRIPTION Mathematician
DATE OF BIRTH 13 June 1928
PLACE OF BIRTH Bluefield, West Virginia, U.S.
DATE OF DEATH
PLACE OF DEATH

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