公安院校的管理必须落实科学发展观

坚持以人为本,全面协调可持续发展的科学发展观,是加强党的执政能力建设的重要体现。要坚持科学发展观,就要用科学发展观指导新世纪新时期的公安高等教育,促使公安高等教育能够全面协调可持续发展;就要坚持以人为本原则,促进人的全面发展;就要走速度、规模、质量、效益全面发展之路;就要树立执政为民、求真务实的校长政绩观。     

Notes on the psychologist expert witness

The psychologist who takes the witness stand to testify concerning the reliability of an eyewitness's testimony should assume the role of a watchdog, not a lapdog for the prosecution or an attack dog for the defense. The watchdog role is illustrated by a discussion of the decisions made by the author before accepting an invitation to testify as an expert.     

知识产权诉讼时效制度的完善及相应懈怠制度的设立

知识产权诉讼中,不只是停止侵权的请求不受诉讼时效的限制,确认知识产权权利归属的请求、确认发明创造发明人、设计人资格的请求也不应受诉讼时效的限制。非故意侵权人对知识产权财产权权利人的懈怠行为应享有抗辩权。     

An evaluation of the significance of transfers of debris: criteria for association and exclusion

Several criteria are proposed for making decisions about comparing sets of debris involving the transfer of non-component particles and fibers--those produced from something other than the item itself--using a model based upon rudimentary set theory. Decisions about the significance of an association or an exclusion based upon trace evidence require an evaluation of debris in its context; reference points for such evaluation are presented. Samples of debris from the sites relevant to the event under investigation must be available, as well as debris standards from the usual environments of the people involved, and must be adequate to permit a determination of normal versus foreign debris. Criteria are proposed for establishing contact based upon corresponding sets of particles and fibers, for excluding contact in the absence of corresponding particles or fibers, and for refraining from making either an association or an exclusion. Conditions for reaching qualified conclusions or other types of associations when these criteria are only partially met are also discussed; conclusions may sometimes be reached if potential sources for debris particles and fibers can be found. Decisions about the strength of an association or an exclusion based upon comparisons of non-component debris particles and fibers can be made by reference to the criteria for reaching a conclusion. The criteria can be tested via Bayes' Theorem. The analysis itself is based primarily upon light microscopy, although other methods may be used as well. Case examples are presented.     

In Defense of Criminal Possession

Criminal law casebooks and treatises frequently mention the possibility that criminal liability for possession is inconsistent with the Voluntary Act Requirement, which limits criminal liability to that which includes an act or an omission. This paper explains why criminal liability for possession is compatible with the Voluntary Act Requirement despite the fact that possession is a status. To make good on this claim, the paper (1) defends the Voluntary Act Requirement, (2) offers an account of the nature of omissions of the kind that need be included in that for which criminal liability is imposed in the absence of a voluntary act, and (3) argues that possession is a status that is constituted in part by an omission of this sort. The result is that to hold people criminally liable for possession is to hold them criminally liable both for a status and for an omission, an omission that is part of what it is to have that status. The paper also distinguishes possession from vagrancy, which is not a proper object of criminal liability, precisely because of constraints placed by the Voluntary Act Requirement. And the paper argues that possession incident to dispossession is not a proper object of criminal liability because it does not involve an omission of the kind that other forms of possession involve.     

Designation of medically underserved areas--Health Services Administration. Notice

This notice is intended to clarify, for purposes of certain Federal health programs, the distinction between designation of an area as a Health Manpower Shortage Area (HMSA) and designation of an area as a Medically Underserved Area (MUA). Although it is possible for an area to be designated as both an HMSA and an MUA, the two designation processes are independent, each having its own established criteria and procedures. An area designated as an HMSA will be considered as an MUA only if it has been formally designated as an MUA under the criteria and procedures published in the Federal Register. The latest such publication is that of October 15, 1976 (41 FR 45718--45777), "Designation of Medically Underserved Areas."     

论建设工程合同的成立

建设工程的招标行为应是要约邀请而非要约 ;而投标行为应是要约而非承诺。因而中标通知书不能意味建设工程合同的成立 ,但因现行立法的缺陷 ,从应然意义上 ,中标通知书应导致建设合同的成立。故相关立法应作修改和完善     

Using iPhones? to Enhance and Reduce Face-to-face Home Safety Sessions within SafeCare?: An Evidence-based Child Maltreatment Prevention Program

Innovative handheld technologies are changing the possibilities for public health interventions. The present research describes a preliminary examination of the iPhone? when used as an assessment tool and an enhancement to an evidence-based, in-home child safety intervention. Three families with young children received an augmented version of the Safety module of SafeCare, a home-visiting child maltreatment prevention program. Specifically, parents were trained to use an iPhone to video rooms in their homes, as well as communicate feedback, logistics, and safety content between the home visitor and parent. The effectiveness of iPhone and video was examined using a multiple baseline design across in-home settings replicated across families. Home hazards were reduced dramatically across rooms and across participants. Face-to-face time of the home visitor was progressively reduced and replaced by video data collection. These data suggest smartphones are promising for data collection and for augmenting face-to-face interactions. Implications for reducing costs as smartphones become increasingly ubiquitous and for engaging and retaining participants are discussed.     

Intensive case management as a jail diversion program for people with a serious mental illness: a review of the literature

This article reviews the research on intensive case management (ICM) programs as a jail diversion intervention for people with a serious mental illness (SMI). The review includes two types of ICM programs: (a) general ICM programs that included an assessment of arrests and incarceration rates for people with an SMI and (b) ICM programs specifically implemented as a component of a jail diversion intervention for people with an SMI. Results indicate that general ICM programs (19) rarely led to reductions in jail or arrest rates over time, and these rates were similar to those found in standard mental health services. General ICM programs that included an integrated addiction treatment component (8) had mixed results but a trend toward reductions in rates of arrests and incarceration over time for individuals with an SMI and a co-occurring substance use disorder. Results were mixed for jail diversion interventions with an ICM program, but most ICM programs (8) led to significant reductions in arrests and incarcerations over time. Specific elements of effective ICM jail diversion programs are discussed.     

A New Programme for a New LLB: An Initial Evaluation

This article concerns an induction programme devised for an LLB degree. The background to the implementation of the induction programme is explained and its contents related to the learning and teaching theory. The results of an initial evaluation of the induction programme by the students are analysed and used as the basis for recommendations for modifications to this induction programme and for induction programmes generally. It is noted that there is little written about induction programmes for law degrees; some of the comment in this paper is subject specific, particular note being made of the use of thematic material to which students can easily relate; the need to emphasise and periodically reinforce links between the different aspects of the curriculum is also highlighted, as part of the need to make clear the academic focus of and investment for the future afforded by an induction programme.     

中人在清代土地绝卖契约中的功能——以中国传统交易规则的影响为视角

中人是清代土地绝卖关系的重要参与人,是土地绝卖契约有效成立的必备要件之一。"立契有中"是影响买卖双方契约观念的最重要因素,而这种因素又是由中国传统交易规则所固定下来的传统决定的。因此,中国传统交易规则是型塑中人在清代土地绝卖契约中功能的基因。     

企业名称权的性质及法律保护

企业对其名称是享有名称权还是名称专用权,我国现行法律规定有所不一,《民法通则》规定企业享有名称权,《企业名称登记管理规定》规定企业享有名称专用权,理论界对这一问题也有不同的认识。从理论上和实际操作的可能性上分析,企业应享有名称权,而不是名称专用权。因为市场经济条件下,企业的经营活动已经打破了地域的限制,同时,经营范围问题也在被逐渐淡化,这样,现行企业名称制度中决定其专用权范围的因素所剩无几,甚至荡然无存。对于企业名称权的保护也应采取国际通行的做法,通过防止混淆原则、保护在先权利原则等保护企业名称权。     

歧视与平等机会的法律透视

平等机会就是人们参与社会政治、经济等活动,根据一定的标准和原则,平等地拥有争取或获得某种资源的可能性.这种机会的获得不因某种身份状况而得到不公平的待遇.歧视就是基于某类人所具有的某种身份状况,以不合理的或不相干的理由,给他人以较差的待遇,从而使其利益受损的行为.歧视的后果就是使他人丧失争取或获得资源的平等机会.反歧视是实现平等机会的重要措施.     

Use of ozone-depleting substances; removal of essential-use designations. Final rule

The Food and Drug Administration (FDA) is amending its regulation on the use of ozone-depleting substances (ODSs) in self-pressurized containers to remove the essential-use designations for albuterol used in oral pressurized metered-dose inhalers (MDIs). Under the Clean Air Act, FDA, in consultation with the Environmental Protection Agency (EPA), is required to determine whether an FDA-regulated product that releases an ODS is an essential use of the ODS. Two albuterol MDIs that do not use an ODS have been marketed for more than 3 years. FDA has determined that the two non-ODS MDIs will be satisfactory alternatives to albuterol MDIs containing ODSs and is removing the essential-use designation for albuterol MDIs as of December 31, 2008. Albuterol MDIs containing an ODS cannot be marketed after this date.     

Using JPEG quantization tables to identify imagery processed by software

The quantization tables used for JPEG compression can also be used to help separate images that have been processed by software from those that have not. This loose classification is sufficient to greatly reduce the number of images an examiner must consider during an investigation. As illicit imagery prosecutions depend on the authenticity of the images involved, this capability is an advantage for forensic examiners. This paper explains how quantization tables work, how they can be used for image source identification, and the implications for computer forensics.     

一起医疗执业卫生行政诉讼案例分析

通过对一起未取得《医疗机构执业许可证》擅自开展医疗执业活动的行为实施卫生行政处罚并因此引起行政诉讼案例的分析,探讨卫生行政处罚法律依据的适用,违法事实的认定和程序的合法性,值得借鉴。     

The Social Scientist and Rehabilitative Crime Policy

Social scientists are in a quandary about crime policy. On the one hand, the tools of their discipline incline them naturally toward a search for the causes of differences in delinquent behavior, an inclination which appears to be supportive of the potential for rehabilitative components to crime policy. Both the premise of determinism and the methodology of differentiation are intellectually compatible with the prospects for rehabilitation, because both are requisites for a crime control strategy that seeks the impact of purposeful changes in the lives or attitudes of delinquents on subsequent behavior. On the other hand, social scientists are being confronted with a number of arguments that question the utility for social policy of adherence to these assumptions. The validity of some of these arguments is explored briefly in this article. They are found to suffer from an erroneous conception of the logic of determinism, an underdevelopment of the notion of deterrence, or an artifactual conception of the requisites for rehabilitation.     

Education, empowerment and community based structural reinforcement: an HIV prevention response to mass incarceration and removal

In the context of US urban jails, incarceration is often seen as an opportune intervention point for prevention interventions in public health. For the detained individual, it is an opportunity to reflect on individual choices and the potential for changes in one's life course. For population focused public health professionals, jail detention facilities represent a concentration of health risks, and an opportunity to have an impact on a significant portion of those at risk for HIV and other health concerns. This paper presents an innovative education and empowerment model that bridges across jail walls, beginning on the inside, and continuing on the outside of jail where individuals continue to be challenged and supported toward positive health and social choices. The intervention also seeks to foment community activism in the communities to which jail detainees return, thus aiming to have a structural impact. This paper examines both the intervention model and the challenges of examining the effectiveness claims for the intervention at multiple levels.     

书写习惯未定型成年人笔迹检验

目的研究书写习惯未定型成年人笔迹的检验方法。方法通过实例研究分析成年人笔迹变化的特点和原因,确定笔迹性质和检验方法。结果书写习惯未定型也是成年人笔迹变化的重要原因。书写习惯未定型成年人笔迹是成年人正常笔迹的例外,适用正常笔迹检验方法。结论本研究确立了检材笔迹与样本笔迹非本质差异的判断标准,适用于短时间内变化较大的成年人笔迹的同一认定。     

论海事赔偿责任限制程序与产生海事赔偿责任限制的海事请求程序间的关系

海事赔偿责任限制程序是保护责任人的法定程序 ,可被视为一个独立的诉 ,不仅具有所需要的三个要素 ,而且也具有其自身的管辖权。本文从上述几个方面论述了海事赔偿责任限制程序与产生海事赔偿责任限制程序间的关系