数额认识错误初论

数额认识错误,是指行为人对表现为货币或财物的行为对象的经济价值量的认识错误,即行为人主观上认识到的行为对象的经济价值与实际经济价值的不一致。从本质上看,它并不是一种独立的错误类型,而是属于事实错误中的对象认识错误。是否属于数额认识错误,应当依据法定符合说进行判断。行为人对行为对象数额的认识错误超出构成要件所要求的限度,就会影响到故意的成立以及行为人的刑事责任。     

企业员工激励的个性化发展

企业员工的个性差异、需要差别、价值取向不同,决定了激励向个性化发展。员工激励应与其贡献挂钩、与其需要联系、与其个性符合、与其发展一致。激励个性化原则包括灵活性的激励手段、多样化的激励方法、弹性化的激励方式、具体化的激励措施、高效化的激励效果。     

饲养动物致害责任探析

动物致害责任的立法历史悠久,我国现行关于动物致害责任的民事立法规定太过原则与笼统,缺乏可操作性,难以形成利于受害人权利保护的合理的民事救济体系。未来民法典应区分不同的动物种类,适用不同的归责原则,并预设各类动物侵权类型的责任承担。     

Foucault,epistemology and history

This paper explores the way in which Michel Foucault utilized, re-worked and applied, in the field of the analysis of epistemological transformations, certain concepts from the history of the sciences that had been deployed the Bachelard and Canguilhem. More particularly, the paper focuses attention, on the one hand, upon the distinction between the present and the actual, from which derives the question of ‘recurrence’, and, on the other, on the idea of games of the true and the false.     

The long and the short of it: Electoral institutions and the dynamics of party system size, 1950–2005

While institutional theories of party system size are usually examined cross‐nationally, there is ample reason to expect that changes in electoral institutions will affect party system size within countries as well. Although some of this effect may occur immediately, most of the effects are likely to be realised over time and across subsequent elections. A series of error‐correction models examine the short‐ and long‐term effects of changes in electoral institutions on party system size. The results indicate that changes in electoral institutions do produce the expected effects on party system size, and that these effects occur mostly over the long term.     

Testing Reliability of the Computational Age‐At‐Death Estimation Methods between Five Observers Using Three‐Dimensional Image Data of the Pubic Symphysis,

In an effort to standardize data collection and analysis in age estimation, a series of computational methods utilizing high‐dimensional image data of the age indicator have recently been proposed as an alternative to subjective visual, trait‐to‐phase matching techniques. To systematically quantify the reproducibility of such methods, we investigate the intrascan variability and within‐ and between‐observer reliability in initial scan data capturing and editing using 3D laser scans of the Suchey–Brooks pubic symphysis casts and five shape‐based computational methods. Our results show that (i) five observers with various training background and experience levels edited the scans consistently for all three trials and the derived shape measures and age estimates were in excellent agreement among observers, and (ii) the computational methods are robust to a measured degree of scan trimming error. This study supports the application of computational methods to 3D laser scanned images for reliable age‐at‐death estimation, with reduced subjectivity.     

Aggregation,ratio variables,and measurement problems in criminological research

Issues of measurement error, level of aggregation, and ratio variables have been considered serious problems in criminological research. Although there have been many recent discussions of these issues in sociology and criminology, studies designed to assess the impact of these problems on the results of empirical research have, for the most part, been absent. After reviewing what is known theoretically and conceptually about these issues, an investigation which compares empirical analyses of a particular type of crime, homicide, that use different measurement strategies, different levels of aggregation, and ratio versus nonratio variables is presented. Utilizing homicide data from the mid-1970s and selected independent variables, the results of this investigation indicate that these three problems can interact in an empirical setting such that potential solutions to these problems do not always apply in the manner suggested in previous studies. The results also indicate that there is great risk in ignoring one or more of these problems in empirical research, in that different substantive conclusions can be reached from analyses that ignore these issues compared with analyses that deal directly with them.     

温差对弯管流量计的测量影响

随着弯管流量计在供热系统中的广泛应用 ,如何估算由弯径比变化产生的测量误差是人们关心的问题 ,本文详细介绍了在供热系统中温差对弯管流量计测量影响的原理 ,分析并估算了误差的大小。