论被继承人宽宥制度的适用

被继承人宽宥制度,是指当继承人因特定原因丧失继承权后确有悔过行为,经被继承人宽恕后重新恢复继承权的一项民事法律制度,在我国具有一定的社会基础和深厚的历史渊源。设立被继承人宽宥制度,旨在为有过错的继承人提供改过自新、重新获得继承权的机会。     

混合所有制企业党的监督途径:融合与协同发展

混合所有制企业需要建立科学的权力监督体系来维护投资方利益,促进资产保值增值,实现企业有质量、有效益、可持续发展,而加强党的监督工作,促进党的监督与企业其他监督系统融合与协同发展是重要途径。文章结合中国石油西南油气田公司实际,分析了其托管的混合所有制企业党的监督工作面临的挑战,提出了加强混合所有制企业党的监督的具体措施:明确各监督体系的职能定位和业务界面;实施严格的经营管理分级授权控制体系;加强企业监督体系的融合与协同管理;完善监督职能履行考核评价体系等。     

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.     

Postmortem Computed Tomography in Firearm Homicides: A Retrospective Case Series,

Postmortem computed tomography (PMCT) is integrated into the evaluation of decedents in several American medical examiner offices and medicolegal death investigative centers in many other countries. We retrospectively investigated the value of PMCT in a series of firearm homicide cases from a statewide centralized medical examiner’s office that occurred during 2016. Autopsies were performed or supervised by board-certified forensic pathologists who reviewed the PMCT scans prior to autopsy. PMCT scans were re-evaluated by a forensic radiologist blinded to the autopsy findings and scored by body region (head–neck, thoracoabdominal, and extremities). Injury discrepancies were scored using a modified Goldman classification and analyzed with McNemar’s test. We included 60 males and 20 females (median age 31 years, range 3–73). Based on PMCT, 56 (79.1%) cases had injuries relevant to the cause of death in a single body region (24 head–neck region, 32 thoracoabdominal region). Out of these 56 cases, 9 had a missed major diagnosis by PMCT outside that region, including 6 extremity injuries visible during standard external examination. Yet all had evident lethal firearm injury. We showed that PMCT identifies major firearm injuries in homicide victims and excludes injuries related to the cause of death in other regions when a single body region is injured. Although PMCT has a known limited sensitivity for soft tissue and vascular pathology, it can be combined with external examination to potentially reduce or focus dissections in some of these cases depending on the circumstances and medicolegal needs.     

Effect of Wind on Horizontal Displacement of Fatal Fall from a Height

The horizontal displacement of the human body resulting from fatal fall from a height is an important variable commonly used to inversely determine the cause or identify other forensic aspects of the fall. When examining the horizontal displacement, the wind effect is generally ignored. This technical note reports analytical modeling of the falling process, utilizing previous measurements of wind force acting on the human body, for determining the functional relationship between the wind speed and the horizontal displacement in the falling process. The result reveals that it does not take extremely rare wind conditions to cause a considerable shift of the human body, highlighting the importance to consider wind as a factor in investigations of fatal falls.     

营商环境下我国民营企业保护与规制的博弈

营商环境下,支持民营企业的改革与发展,确保民营企业家的人身和财产安全,有助于民营经济更好更快发展。在保障民营企业合法权益之时,应当注意民营企业经营过程中的违法违规行为,加强对其规范化经营的引导与监管。兼顾民营企业的保护与规制,就是要防止法律规制民营企业的前置化,坚持刑法适用的谦抑性,审慎适用刑法手段,注重刑法最后手段的非犯罪化、非刑罚化、轻刑化,同时改变法律关于民营企业监管的滞后性局面,推行企业失信惩戒机制,创新消费者维权机制,建立积极作为的市场监管机制。     

Prisons or Problem-Solving: Does the Public Support Specialty Courts?

ABSTRACT

Recently, “problem-solving” courts have been developed as an alternative to imprisonment. They are often called “specialty” courts because they process and divert into treatment programs offenders who are seen as different from the general criminal population, such as those with mental health or drug problems, those who are homeless or veterans, and those who engage in domestic violence. Based on a 2017 national survey of 1,000 respondents, the current study examines overall public support for rehabilitation as a goal of corrections and then focuses specifically on support for different types of specialty courts. The analysis reveals that the American public endorses not only the rehabilitative ideal but also the use of problem-solving courts. Further, with only minimal variation, strong support for these courts appears to exist regardless of political orientation and sociodemographic characteristics.     

The effects of national cultures on two technologically advanced countries: The case of e-leadership in South Korea and the United States

The increased use of information and communication technologies (ICTs) has triggered enormous innovation in the public sector and created positive public value at the managerial, delivery of services, and policy levels. However, these positive outcomes do not automatically accrue simply by adoption of ICTs as public leaders can fail to adopt relevant new ICTs, use them poorly, or use them in ways that actually diminish public value, which raises the question of the importance of e-leadership. This article examines e-leadership and innovation capacity at the individual public manager level and fills in some gaps about the practice and implementation of ICTs in the public sector. We explore eight research questions useful in theorizing about e-leadership, develop constructs of e-leadership, and describe the current development of e-leadership. By comparing e-leadership in two country settings (South Korea and the United States), we also overcome the limitations of the existing Western-oriented studies about innovations in the public sector. In addition to the growth of e-leadership use and requirements for a variety of competencies equivalent to, but separate from, traditional communication competences, we find that national cultures exert significant influence on the major constructs of e-leadership, which implies that an effective e-leadership strategy should consider cultural contexts seriously.