跨行政区生态环境协同治理绩效问责机制构建与应用——基于目标管理过程的分析框架

问责目标的整体性、问责过程的有序性以及问责标准的统一性是跨行政区生态环境协同治理绩效问责机制的根本特性。基于目标管理过程分析框架,以整体性绩效责任目标的实现为中心,构建了包括绩效责任目标确定、目标执行、目标评估、目标反馈和目标改进五个环节的跨行政区生态环境协同治理绩效问责机制基本框架。通过对京津冀地区进行应用检验,证实了该基本框架不仅在理论上具有很强的解释力,在实践中也有助于增强跨行政区生态环境协同治理绩效问责的可操作性。     

非正规的“正规化”:劳动力市场分割与家政服务企业——基于2019年四个城市的家政工人调查

在非正规就业盛行的家政市场,家政服务企业的重要性日益凸显,亟待考察这些劳动力市场中介机构的就业效果。通过分析2019年四个城市的家政工人调查数据,发现家政服务企业的发展可能会影响家政业内不同工种的收入差距,改变非正规就业市场的原有结构。伴随管理者企业的介入,家务员收入大幅提升,母婴护理员和家庭保洁员的收入则出现下降。家政企业对工人收入的改善和工作正规化的促进作用是有限的。本文不仅呈现了家政就业市场内部的异质性,为家政工作的正规化讨论提供中国经验数据,还指出劳动力市场中介机构在以女性为主的非正规就业市场上的特殊性,具有一定政策意义。     

A mixed DNA profile controversy revisited

Semaan et al. (J Forensic Res, 2020, 11, 453) discuss a mock case “where eight different individuals [P₁ through P₈] could not be excluded in a mixed DNA analysis. Even though … expert DNA mixture analysis software was used.” Two of these are the true donors. The LRs reported are incorrect due to the incorrect entry of propositions into LRmix Studio. This forced the software to account for most of the alleles as drop-in, resulting in LRs 60–70 orders of magnitude larger than expected. P₁, P₂, P₄, P₅, and P₈ can be manually excluded using peak heights. This has relevance when using LRmix which does not use peak heights. We extend the work using the same two reference genotypes who were the true contributors as Semaan et al. (J Forensic Res, 2020, 11, 453). We simulate three two-donor mixtures with peak heights using these two genotypes and analyze using STRmix?. For the simulated 1:1 mixture, one of the non-donors’ LRs supported him being a contributor when no conditioning was used. When considered in combination with any other potential donors (i.e., with conditioning), this non-donor was correctly eliminated. For the 3:1 mixture, all results correctly supported that the non-donors were not contributors. The low-template 4:1 mixture LRs with no conditioning showed support for all eight profiles as donors. However, the results from pair-wise conditioning showed that only the two ground truth donors had LRs supporting that they were contributors to the mixture. We recommend the use of peak heights and conditioning profiles, as this allows better sensitivity and specificity even when the persons share many alleles.     

Metric forensic anthropology decisions: Reliability and biasability of sectioning-point-based sex estimates

Subjective decisions make human cognitive processes more susceptible to bias and error. Specifically, research indicates that additional context biases forensic anthropologists’ morphological analyses. To address whether metric analyses are also subject to bias, we conducted a pilot study in which 52 experienced osteologists measured a difficult-to-classify human femur, with or without additional contextual information. Using a metric sectioning-point sex-estimation method, participants provided a sex estimate for individual skeletal element(s) and, when given multiple elements, the combined skeletal assemblage. Control group participants (n = 24) measured only the femur. In addition to the femur, bias group participants (n = 28) either measured a female humerus and viewed a female-biasing photograph (n = 14) or measured a male humerus and viewed a male-biasing photograph (n = 14). We explored whether the experts in the different groups would differ in: (1) femoral measurements; (2) femoral sex-estimation conclusions; and (3) final sex-estimation conclusions for the skeletal assemblage. Although the femoral measurements and femoral sex estimates were comparable across groups, the overall sex estimates in the female-biased group were impacted by contextual information—differing from both the control and male-biased groups (p < 0.001). Our results demonstrate that cognitive bias can occur even in metric sex-estimation conclusions. Specifically, this occurred when the metric data and single-element sex estimates were synthesized into an overall estimate. Thus, our results suggest that metric methods are most vulnerable to bias when data are synthesized into an overall conclusion, highlighting the need for bias countermeasures and comprehensive statistical frameworks for synthesizing metric data to mitigate the effects of cognitive bias.     

论税收法定原则的司法化

税收法定原则的司法化是“全面落实税收法定原则”的必然要求,而传统理论疏漏了其中的司法内涵,导致税收法定原则出现了作为基本原则却难以直接指导和适用于税收司法的悖论。鉴于税收法定原则与罪刑法定原则的亲缘性,发展相对成熟的罪刑法定原则可以为完善税收法定原则的内涵构成提供三点启示。同时,结合税收法定原则的固有内容,税收法定原则的司法化应当在适用范畴上向司法原则扩围,价值层次上向实质正义升华,法定程度上向相对法定适当松动。据此,三路并进,税收法定原则的司法内涵得以全面、系统的补漏。税收法定原则司法内涵的完善将有助于打破税收法定原则司法化的理论困局,助推“全面落实税收法定原则”法治图景的实现。     

Lethal small bowel obstruction due to pica

Up to 25% of institutionalized patients with cognitive deficiencies display pica-like behavior, with an estimated annual incidence of small bowel obstruction of 2%. We present a case based on the forensic autopsy of a 41-year-old woman who died as a result of a missed diagnosis of small bowel obstruction after ingesting a foreign body. The case underlines the importance of precaution when treating patients with cognitive deficiency and/or language deficits and gastrointestinal symptoms. In such cases, it is important to employ a liberal threshold for radiological investigations and, if possible, obtain a medical history from a person close to the patient.     

Observer determination of the make,model, and year of questioned vehicles

Often, criminal acts involving a vehicle are caught on digital video surveillance systems. While potentially useful for an investigation, the recording conditions are typically less than optimal for the extraction of key information for the identification of the perpetrator, such as a license plate. Providing the make, model and year of a questioned vehicle is a common request for examiners, to narrow the field of potential suspect vehicles. This study seeks to compare the performance of a nonpeer-reviewed make, model, and year determination between two separate groups, specifically, trained forensic image examiners and nontrained individuals. Results show that even with varied image capture conditions and quality, the trained forensic image examiners more correctly and completely identified the test group of questioned vehicles make, model, and year.     

联合国维和人员性犯罪的刑事管辖障碍与改进建议

联合国维和人员性犯罪问题严重侵犯东道国受害者的人权并使联合国声誉受到重创。各管辖主体在对犯罪嫌疑人实际行使刑事管辖权时,存在诸多障碍:维和人员在东道国享有豁免;各国刑法在域外适用上的规定不同和派遣国主观上不愿对本国维和人员性犯罪行使管辖权;维和人员性犯罪难以被认定构成国际罪行;混合法庭须经东道国同意才能成立;维和人员性犯罪是否构成《罗马规约》中规定的国际罪行和受《罗马规约》约束的国家有限。改进建议包括:多方管辖权相互补充;成立对性剥削和性虐待作出快速反应的小组;起草《联合国官员和特派专家刑事责任公约草案》;联合国在东道国设立混合法庭;派遣国在东道国进行实地军事审判等。     

Harming America: Corporate Crime in a Context of Deregulation

ABSTRACT

Like many Republican presidential candidates before him, Donald J. Trump campaigned on a pro-business, anti-regulation platform, and since his election in November 2016, he has directed his administration to move forward with deregulation in many arenas, including consumer financial protections, environmental controls, and workplace safety among others. Past efforts to roll back regulations governing certain industries, such as the savings and loan and the mortgage industries, have had harmful consequences for the general public or for specific interest groups. In this study, we review what the Trump administration has accomplished with regard to deregulation to date. Then, based on past deregulatory fiascos, we theorize the harmful collateral consequences that may result from this most recent swing of the regulatory-deregulatory pendulum.     

A view from the policy community: a new strategic narrative for Europe?

ABSTRACT

Reflecting on the results presented in articles in this special issue, European leaders should take greater account of external perceptions in crafting the European Union's strategic narrative and guiding its actions. Failure to do so has impaired external policies like the Euro-Mediterranean Partnership, the European Neighbourhood Policy and Eastern Partnership. Leaders emerging from the Arab uprisings perceived the EU as complicit with their countries’ former anciens régimes and Russian leaders see EU support for democracy and the market economy in former Soviet states as duplicitous and instrusive. Awareness of such perceptions should be filtered into EU decision-making, without validating views that European officials and diplomats consider misleading.