刑事诉讼程序功能分析

本文提出了刑事诉讼程序功能这一范畴 ,认为刑事诉讼程序功能是联系刑事诉讼程序价值与具体规范的中介或桥梁。作者在这种认识的基础上 ,全面分折了刑事诉讼程序作为解决刑事冲突应当具有的自治、交涉、事实整合、法律合成等四大功能。     

国外工资集体协商制度实效研究文献综述

工资集体谈判制度最早出现在西方发达资本主义国家,迄今已有200多年的历史。西方学者对该制度作了多角度的理论研究,其研究曾在解决劳资纠纷、和谐劳动关系方面发挥了重要作用,并对我国工资集体协商制度建设有一定的借鉴意义。     

Sources of Power in Public Negotiations: A Framework Applied to Public-Public and Public-Private Negotiations

The negotiation literature has extensively examined the topic of power and how it can be wielded. Numerous frameworks have been created and utilized in the various treatises on negotiations; analyzing the power differential in any given situation is a common teaching technique. However, despite this focus on the topic, discussions of power have been mainly focused on negotiations in the private sector. As a result, many of the most common frameworks are oriented toward this type of situation, resulting in a clumsy application to a public-sector negotiation. Given the growing importance of negotiations to public-sector leaders, we provide a new structure for analyzing power that can be utilized in such situations. For a municipal leader confronted with a complex public-private partnership, it is important to have the right tools to use when examining the power dynamics at play. After examining several current models of power, as well as other writings on the topic in negotiation and strategy literature, we present a new model. This model divides power into different categories based on whether it stems from formal or informal mechanisms, and then offers several specific forms relevant to the public sector. We then use this new model to examine a case study involving the new mayor of Manchester, New Hampshire and her efforts to negotiate a better response to the opioid and homelessness crisis. This case study illustrates the unique nature of public sector negotiations and provides a roadmap for negotiators looking to use our new framework.     

How Valid Is Negotiation Research Based on Student Sample Groups? New Insights into a Long‐Standing Controversy

Although a considerable amount of research has examined the impact of experience on negotiation behavior and performance, we still know very little about the usefulness of student samples in negotiation research because most studies have compared the performance of inexperienced students with those who had received some kind of extensive negotiation training or with experienced professional negotiators(s). Against this background, we investigate whether the results obtained from trained student samples are generally similar to those of professional negotiators. Generally, our data confirm our hypotheses that students with some negotiation training and experience perform better than untrained student negotiators and that they are not significantly outperformed by professional negotiators. From this, we conclude that many questions in the field of negotiation research can be effectively tested by using trained students as experimental subjects.     

论地域管辖中“犯罪地”的解释问题

刑事诉讼法的规范依赖干法解释技术而生效,因此对刑事诉讼法之中的诸多概念、术语作出合理的解释和阐释,方能构建刑事程序法治化的微观基础。站在刑事诉讼法解释学的立场上,我国《刑事诉讼法》第24条规定的"犯罪地"管辖原则,其中所谓"犯罪地"一词,应当解释为包括"犯罪结果地"、"犯罪预备地",而不应包括"被害人所在地"、"销赃地"以及"犯罪嫌疑人被抓获地"。在毒品犯罪、网络犯罪、手机短信诈骗犯罪等特殊类型案件的中,对"犯罪地"一词,可允许作适当的扩张解释。     

A fast preparation of skeletal materials using enzyme maceration

The current study investigates the removal of soft tissues from mice and rats by the use of three different proteases and one lipase from Novozymes A/S. The results demonstrate the enzyme maceration to be remarkably fast (1-3 h) compared to the traditional warm-water procedure, which requires up to several days. In addition, the enzyme maceration eliminates the odor problem associated with the traditional procedure. It is shown that stirring of the enzyme maceration bath is the main factor which determines the speed of the maceration. For mice, the time required for enzyme maceration can vary from 1 to 8 h depending on the stirring speed. The method investigated here allows preparation of skeletal material in an essentially odorless way within a matter of hours, making the method useful in particular for forensic science, private conservation workshops, and educational purposes.     

王枣子乙素聚乳酸纳米粒的制备与质量评价

目的 对王枣子乙素聚乳酸纳米粒制备工艺和含量测定方法进行研究,并对其进行质量评价.方法 用自乳化溶剂扩散法制得王枣子乙素聚乳酸纳米粒,并对其粒径、形态、表面电位、包封率等进行研究.结果 所得王枣子乙素聚乳酸纳米粒粒径分布均匀,平均粒径为(120±10.6)nm,Zeta电位为-17.6 mV,平均包封率为(90.38±...     

论协商性司法在民族地区的适用

如何实现国家刑事司法同民族习惯法的融合,改变国家法在民族地区适应性不足的状况,一直是理论和实务界探讨的重要议题。协商性司法的引入有效地弥合了二者的隔阂。协商性司法不仅能有效吸收民族习惯法中的积极成果,整合国家的民族刑事政策,更能让国家法关注纷争双方合法权益的双向保护,保持刑罚的谦抑性,恢复社会正义,使稳定和谐得以实现。     

Essence of Negotiation: Understanding Appeasement and “The Great Munich Stereotype”

The relative merits of rational choice and behavioral approaches to the study of negotiation continue to be hotly debated. This article tests qualitative postdictions (assertions or deductions about something in the past) from these paradigms as well as the alternative approach of new institutional theory against the extensive record of negotiation process, contractual form, and contract implementation from the Paris Peace Conference of 1919. I find the incomplete relational form of the peace treaty to be consistent with the behavioral and new institutional concepts and find that only behavioral theory can explain how unilateral German moves unraveled the treaty during the 1930s. But the historical record further reveals that the close fit between the behavioral paradigm and these events is more than coincidence. I also discuss the role of conference participants, particularly John Maynard Keynes and Walter Lippmann, in establishing the basis for modern behavioral science. The behavioral paradigm emerged from efforts to understand and fix serious policy mistakes such as those made in the peace negotiations. The study of human error was intended to serve as the basis for broad‐based organizational solutions. Finally, I discuss the impact of “the Munich stereotype” on such recent events as the planning for the American invasion and reconstruction of Iraq; such examples suggest continued imperfections in the system of organized intelligence that has actually evolved in the United States.     

美国农业保护制度的政治经济学分析

美国是世界上农业最发达的国家之一。在世界农产品贸易中,长期以来一直是世界农产品最大的进出口国,其农产品贸易政策对世界农产品贸易制度具有主要的影响。近年来,美国的农业保护制度不断完善和加强,不但与其他国家多边农业谈判的自由化主张背道而驰,也是多哈农业谈判久谈不决的主要原因之一。从政治经济学的角度分析,在未来,其农业补贴政策会有所减弱。但不可能完全消除,国内农业政策改革难度很大,非传统的隐蔽性更强的限制性措施将成为农产品市场准入中的主要措施。因此,美国在多哈农业谈判中不可能做出太大的让步。