论检察机关自由裁量权

检察机关自由裁量权的构建对我国完善的诉讼制度具有重要意义。当今将起诉法定主义与起诉便宜主义相结合,赋予检察机关更大的自由裁量权,已成为世界检察改革的趋势。我国现行刑事诉讼法明确了检察机关相对不起诉的自由裁量权,但在法学界和司法实践中,检察机关的自由裁量权尚未获得普遍的理性认识。文章就如何加强对检察机关自由裁量权,追求法的公平、程序正义价值,体现诉讼经济原则等方面进行了探讨,并提出了完善我国检察机关自由裁量权的构想。     

中国电子信息产业运行问题思考--2003年回顾与2004年展望

2003年中国信息产业运行状况良好,业绩突出.产业运行问题,表现在技术创新能力不足、核心技术乏力;宏观调控与市场机制的衔接协调;国际贸易纠纷等方面.展望2004年,协调市场机制和政府干预两者的关联,协调对外贸易争端是中国电子信息产业经济运行紧迫的任务.     

Adolescent Siblings’ Looking Glass Self-Orientations: Patterns of Liabilities and Associations with Parenting

A looking glass self-orientation refers to the tendency to incorporate the opinions of social partners to form a self-representation and approve of one’s self. These orientations were assessed for two adolescent siblings in 438 families with surveys accessed on-line. Younger (M = 11.6 years, SD = 1.8) and older (M = 14.3, SD = 2.1) siblings and their mothers (82.7% European-American) participated. The siblings shared similar orientations in relying on either classmates or the other sibling for approval, prior to self approval. Relying on classmate approval was significantly associated with adjustment and academic performance as reported by both the self and mothers. Siblings were also identified as sources of approval with implications for adjustment, but the magnitude of the associations with adjustment were lower. Comparisons of the older and younger siblings revealed that both groups were equally as liable to poor outcomes when reflecting the opinions of classmates or siblings. The results of SEM analyses implicate parenting characterized as coercive, rejecting, and chaotic in association with the tendency to rely on others for approval. A mediating role for looking glass self-orientations in associations between parenting and depressive symptoms, anxiety or academic performance was also found.

Institutions and Economic Performance: The Use and Abuse of Culture in New Institutional Economics

Important research programs within New Institutional Economics advance culturalist arguments to explain failures of economic development. Focusing on the work of Douglass C. North and Avner Greif, this article argues that such arguments rely on an essentialist conception of culture that is both historically inaccurate and analytically misleading. Greif’s work in particular rests on a selective use of empirical data that ultimately distorts the deductive models that are at the core of his work. As a result, both scholars use culture to account for outcomes that are more adequately explained as the product of social conflict and political struggles—struggles in which culture plays a far more contingent and destabilizing role than the one they attribute to it. What is needed, I argue, is to link arguments about the persistence of inefficient institutions with a sociologically informed conception of culture as an ensemble of resources that enhance rather than constrain the scope of individual agency. To come to terms with the effects of culture on institutional formation and change it is necessary to replace the essentialism articulated by North and Greif with a strategic-instrumentalist view in which culture is compatible with a wide spectrum of economic behaviors, individual actions, and thus institutional trajectories.

我国给付不能制度体系之考察

我国给付障碍统一构成要件规则来自于德国"不履行"理论,但合同法并未统一法律效果,也未根据法律效果结构请求权基础,履行不能的制度功能并未因为统一构成要件而消失.在履行不能制度功能上,由于免责事由规定过窄,出现了债权人与债务人利益失衡的情形,而且没有规定对待给付当然消灭规则.在履行不能类型上,没有规定自始不能、部分不能、暂时不能、人身不能等规则,对此需要通过理论继受加以补充,在法律上还要明确经济上不能与情势变更之间的关系.在履行不能与瑕疵担保规则、风险负担规则竞合的情况下,应优先适用瑕疵担保规则、风险负担规则.     

全二维气相色谱在刑事技术中的应用

综述了近年来发展起来的全二维气相色谱(GCхGC)技术正交分离系统原理及其特点以及在刑事技术中应用的发展前景。     

The effect of board size and composition on European bank performance

Banks are “special” financial institutions generating distinct corporate governance challenges. The present paper examines the relationship between two of the most pertinent corporate governance factors—that is, the size of the Board of Directors and the proportion of non-executive directors—and firm performance on a sample of 58 large European banks over the period 2002–2004. The empirical analysis embraces a number of bank-specific variables. Our results reveal that bank profitability is negatively related to the size of the Board of Directors, while the impact of Board composition, although positive in all models, is, in most cases, insignificant. The results are robust after controlling for firm-specific variables.      

Analysis of forensic soil samples via high-performance liquid chromatography and ion chromatography

Traditional forensic soil comparisons are performed via physical and/or chemical examinations of color, texture, and mineral content, leaving any organic- or water-soluble fractions unexamined. This study uses high-performance liquid chromatography (HPLC) and ion chromatography (IC) to assess the qualitative and quantitative variation in these fractions of soil. Soil samples (n=120) were collected over the course of 3 weeks from urban, suburban, and rural locations in and around Lansing, MI. Additional samples from six of these locations (two urban, two suburban, and two rural) were collected once a week for 10 weeks for temporal analysis. Nine additional samples, equally spaced over a 1 m(2) grid, from these same six locations were collected for spatial analyses. Qualitative and quantitative analysis of the resultant chromatograms separated the 120 samples into 10 groups by HPLC and 23 groups by IC. This study shows that using HPLC and IC to analyze the organic- and water-soluble fractions of soil can successfully discriminate samples. Quantitative analysis of the results eliminates some false inclusions by providing further differentiation of samples. The results of this study indicate that adding HPLC and IC analyses to traditional forensic soil analysis schemes can improve overall sample differentiation. The methods used in this study were also able to detect both qualitative and quantitative variations in soil over a relatively small geographic area. This demonstration of soil heterogeneity underscores the importance of the collection of a representative known sample population when assessing a forensic soil comparison. Significant temporal variation was also demonstrated over the course of 10 weeks of sampling; however, samples were found to be consistent over shorter periods of time. Baseline levels of inorganic anions were determined via IC; these levels may be useful in assessing the significance of anions detected in soil from cases involving low explosives.     

农村房产执行的法律障碍及其出路

农村房产如何执行,我国法律和司法解释基本空白,而现今的宅基地制度、房产制度、社保制度等,又构成了执行农村房产的重重障碍.将农村房屋使用权从所有权中分离出来或将农村宅基地所有权收归国有是消除这道障碍的两个出路,前者是在现有土地所有权制度上作技术性的添加,让房屋使用权承载执行的需要,避免土地制度遭受执行的冲击,后者则是对农村土地所有权制度作部分修改,使宅基地使用权的城乡二元分立结构走向城乡一元的统一,从而实现城乡房产执行制度的并轨.同时农村房产执行中应体现人权高于债权的理念,应尊重当地民风民俗,保障房屋共有人、承租人及同村村民的优先购买权,这样既有利于债权人权利的实现又促进了和谐社会的建设.     

Trace detection of meglumine and diatrizoate from Bacillus spore samples using liquid chromatography/mass spectrometry

Following the September 11, 2001 terrorist attacks, letters containing Bacillus anthracis were distributed through the United States postal system killing five people. A complex forensic investigation commenced to identify the perpetrator of these mailings. A novel liquid chromatography/mass spectrometry protocol for the qualitative detection of trace levels of meglumine and diatrizoate in dried spore preparations of B. anthracis was developed. Meglumine and diatrizoate are components of radiographic imaging products that have been used to purify bacterial spores. Two separate chromatographic assays using multiple mass spectrometric analyses were developed for the detection of meglumine and diatrizoate. The assays achieved limits of detection for meglumine and diatrizoate of 1.00 and 10.0 ng/mL, respectively. Bacillus cereus T strain spores were effectively used as a surrogate for B. anthracis spores during method development and validation. This protocol was successfully applied to limited evidentiary B. anthracis spore material, providing probative information to the investigators.