论区域经济发展中的软法之治——以包容性发展为视角

软法之治是解决我国区域经济法制发展滞后问题的有效制度方案之一。区域经济发展中的软法在结构、功能与效力等方面有其自身的内在规律。在区域经济发展领域,软法与硬法之间所形成的制度包容性发展乃是区域经济包容性发展的题中之义。在法治语境下,区域经济软法在融入法治的过程中需要在价值取向上秉持善治的旨归,在实施依据上彰显制度的包容,在完善路径上顺应法治的嬗变。     

行政治理视野下的行政协商

我国传统的行政管理模式过于注重行政治理的威权性,而忽视了公民的主体性,因此难以适应现代行政治理之发展诉求。而行政协商是一种注重行政治理过程中公民与行政主体间的交往对话,凸显行政过程的公民参与性,以及行政治理活动之主体间良性互动的行政方式。它的兴起反映了人们对我国传统单方性、命令性和封闭性的行政治理模式之弊病的反思,回应并诠释了合作行政、柔和行政与开放行政等现代行政治理模式的发展诉求。当前,超越行政协商所面临的制度与现实困境,并不断促进其融入我国行政治理实践,不仅有利于推动我国行政治理模式之现代转向,而且有利于促进我国行政法治、行政善治之发展。     

The European Union as an opportunity: structures and uses of European soft law in French,Austrian and Irish eHealth policies

Abstract

Does European soft law matter? In order to answer this question, the article investigates the processes through which the European Union (EU) affects domestic politics and policies in the eHealth sector in France, Austria and Ireland. More precisely, it shows how the hardening of EU soft law creates a new rationale for the use of European instruments by domestic actors, thus expanding their strategic opportunities for policy making at the national level. Despite the empirical diversity of the cases, similar patterns of variation in Europeanisation mechanisms emerge over time, and the data show how the varying structure of European soft instruments (i.e. their degrees of ‘hardness’) accounts for these changes. This comparative analysis includes multiple process-tracing cases of eHealth public policy making in France, Austria and Ireland in which Europeanisation processes are at work.     

Position Effect on Facial Soft Tissue Depths: A Sonographic Investigation

The head is positioned erect for an approximation; yet most facial soft tissue depths (FSTD) used are measured from supine subjects. Depth difference might be significant, but there is a paucity of data to verify. This study compared erect and supine values for 17 landmarks from 30 healthy New Zealand (European population affinity) women (18–30 or 40–55 years) in erect then supine positions. Height, weight, and sonographic FSTD data, totaling 1020 measurements, were obtained. Three midline and seven averaged bilateral values were compared using ANOVA, p values, and Pearson's correlations. Correlative strength of age and body mass index, BMI (kg/m²), was determined by values. Results showed averaged erect and supine differences were significant for four of ten FSTDs. Between individuals, difference was various and not unidirectional. In conclusion, depth differences were observed but not all significant or unidirectional, BMI significantly influenced nine FSTD values, but age group did not.     

Taphonomic Patterning of Cemetery Remains Received at the Office of the Chief Medical Examiner,Boston, Massachusetts

A sample of 49 cases of cemetery remains received at the Office of the Chief Medical Examiner, Massachusetts (OCME‐MA), in Boston was compared with published taphonomic profiles of cemetery remains. The present sample is composed of a cross section of typical cases in this region that ultimately are derived from modern to historical coffin burials and get turned over to or seized by law enforcement. The present sample was composed of a large portion of isolated remains, and most were completely skeletonized. The most prevalent taphonomic characteristics included uniform staining (77.6%), coffin wear (46.9%), and cortical Exfoliation (49.0%). Other taphonomic changes occurring due to later surface exposure of cemetery remains included subaerial weathering, animal gnawing, algae formation, and excavation marks. A case of one set of skeletal remains associated with coffin artifacts and cemetery offerings that was recovered from transported cemetery fill is also presented.     

Vertical Lip Position and Thickness in Facial Reconstruction: A Validation of Commonly Used Methods for Predicting the Position and Size of Lips

This study examined several methods used to estimate oral fissure position, lip margin position, and lip thickness recommended by Angel, George, Lebedinskaya, Taylor, Wilkinson et al., Balueva and Veselovskaya. A sample of 86 lateral head cephalograms of adult subjects from central Europe were measured and the actual and predicted dimensions were compared. The best estimation for oral fissure position was “opposite the lower ¾ mark of maxillary incisors” (error of 1.3 mm). Upper lip margin was predicted best by “upper ¼ mark of maxillary incisors” (error of 1.7 mm), and lower lip margin by “cementum‐enamel junction of mandibular incisors” (error of 2.3 mm). The regression equations of Wilkinson et al. displayed least error (1.3 mm and 1.8 mm, respectively) for upper and lower lip thickness, and method of George (error of 3.4 mm) for total lip thickness.     

区域软实力的概念、要素及评估指标体系

区域软实力在中国受到越来越多的关注,不少学者对其概念、涵盖的要素及评估指标进行了探讨。文章认为,区域软实力是指在一个国家内一个区域可用以动员区内外的资源来实现其经济、社会、文化等全面发展的非物质力量。其构成要素主要有:政府管理和服务、区域文化、人力素质、区域形象和生活环境。为此,应构建由三级指标构成的区域软实力评估体系。     

When soft regulation is not enough: The integrated pollution prevention and control directive of the European Union

Recent debates regarding the effectiveness of regulatory policymaking in the European Union (EU) focus on the merits of soft, non-binding forms of regulation between public and private actors. The emergence of less coercive forms of regulation is analyzed as a response to powerful functional pressures emanating from the complexity of regulatory issues, as well as the need to secure flexibility and adaptability of regulation to distinctive territorial economic, environmental, administrative, and social conditions. In this article we empirically assess the above normative claims regarding the effectiveness of soft regulation vis-à-vis uniformly binding legislation. We draw on an exploratory investigation of the application of the Integrated Pollution Prevention and Control Directive of the EU in four countries. Our study reveals that effectiveness in the application of soft policy instruments is largely contingent upon strong cognitive, material, and political capacities of both state regulators and industrial actors involved in regulatory policymaking. In the absence of those conditions, the application of soft, legally non-binding regulation may lead to adverse effects, such as non-compliance and the “hollowing out” of the systems of environmental permits to industry. In the medium term, such developments can undermine the normative authority of the EU.     

我国文化软实力建设需处理好五大关系

大力提升我国文化软实力建设以维护我国意识形态安全的国家发展战略,必须在坚守原则的基础上,处理好文化软实力建设的“一元主导”与“百花齐放”之间的关系、“事业性”与“产业性”之间的关系、“学习”与“创新”之间的关系、城乡关系以及文化软实力建设的“长远目标”与“短期目标”之间的关系。     

Application of Enhanced Point Estimators to a Sample of In Vivo CT‐derived Facial Soft Tissue Thicknesses

Facial approximations based on facial soft tissue depth measurement tables often utilize the arithmetic mean as a central tendency estimator. Stephan et al. (J Forensic Sci 2013;58:1439) suggest that the shorth and 75‐shormax statistics are better suited to describe the central tendency of non‐normal soft tissue depth data, while also accommodating normal distributions. The shorth, 75‐shormax, arithmetic mean, and other central tendency estimators were evaluated using a CT ‐derived facial soft tissue depth dataset. Differences between arithmetic mean and shorth mean for the tissue depths examined ranged from 0 mm to +2.3 mm (average 0.6 mm). Differences between the arithmetic mean plus one standard deviation (to approximate the same data points covered by the 75‐shormax) and 75‐shormax values ranged from ?0.8 mm to +0.7 mm (average 0.2 mm). The results of this research suggest that few practical differences exist across the central tendency point estimators for the evaluated soft tissue depth dataset.