动车玻璃破碎痕迹分析

动车运行过程中发生车窗玻璃破碎的情况具有突然性,对铁路运输安全有一定影响,并极易受到公众高度关注。动车玻璃破碎有的是人为因素引起,有的是非人为因素引起,判明玻璃破碎的原因,确定案事件性质,是采取有效措施,消除安全隐患的前提。笔者结合海南环岛高铁2010年以来发生的89起动车玻璃破碎案事件现场勘查实践以及广深线48起动车玻璃破碎案事件资料,对玻璃自爆、飞砟、弹弓弹射钢珠、抛石击打造成玻璃破碎的形成机制和痕迹特征进行了分析总结;针对抛石击打与飞砟形成玻璃破碎痕迹的区分难点,对两者因击打角度和方式不同、击打物的体积和质量的不同而形成痕迹的差异进行了深入探讨。     

The boundaries of law and the purpose of legal philosophy

Many of the current debates in jurisprudence focus on articulating the boundaries of law. In this essay I challenge this approach on two separate grounds. I first argue that if such debates are to be about law, their purported subject, they ought to pay closer attention to the practice. When such attention is taken it turns out that most of the debates on the boundaries of law are probably indeterminate. I show this in particular with regard to the debate between inclusive and exclusive positivists: I present several ways of understanding what this debate is about and argue that none of them is defensible. My second argument focuses more on the purpose of jurisprudential inquiry. I argue there that even if some jurisprudential debates have determinate answers, it does not follow that they deserve our attention, because not all true facts are worth knowing. After discussing and rejecting the claim that jurisprudence could be justified as knowledge for its own sake, I propose one possible justification for engaging in legal philosophy and outline its implications for the kind of issues that should be pursued. Assistant Professor, University of Warwick School of Law. The Essay was presented in the Oxford Jurisprudence Discussion Group. I thank participants there for their comments.     

The law and the sublime: Rethinking the self and its boundaries

Christine Battersby has argued that it is Kant (and not Descartes) who provides the paradigm model of what it is to be a self in modernity. The Kantian self is established in opposition to its other. The body is commonly envisaged as a container, with selfhood as something that is defended against the outside. In contrast, she proposes a feminist reworking of such a model of selfhood, applicable to both men and women, in which the self and other emerge over time through patterns of relationality. This paper introduces Battersby’s work by focusing upon her early analysis of Kantian aesthetics, in particular the sublime. The aim is to draw out some of the legal and political implications of her work, particularly with regard to the common law’s developing conception of privacy. This is carried out by distinguishing her ontological position from the psychology of Carol Gilligan and then by considering the overlapping concerns of Jennifer Nedelsky in the area of legal theory.

Refugee status determination in Australia: breaking the rules?

This article looks at the asylum regime in Australia. In particular, it evaluates the procedures that are used to assess claims for asylum and the extent to which they meet international refugee and human rights standards. The article discusses four key issues in the adjudication programme: the appointment of decision-makers to tribunals that hear refugee applications, the accessibility of the review process by asylum seekers, questions relating to the efficiency of the procedures used and the mandatory detention system. It is argued that whereas Australia is party to the main international treaties that seek to protect refugees and asylum seekers, its asylum law and policy is in many ways inconsistent with international norms. To conclude, the author proposes the observance of human rights and refugee standards by asylum states. This revised version was published online in July 2006 with corrections to the Cover Date.     

高速动车车窗玻璃破损成因研究

本文通过对24例高速动车组车窗玻璃破损现场勘查资料的分析,归纳了车窗玻璃在非人为因素和人为因素两种不同情况下玻璃破损的特点,探讨了动车车窗玻璃破损的机理,提出了勘查此类现场的要点及防范措施。     

Revision of health service area boundaries; interim regulation--PHS

This notice sets forth interim rules establishing criteria, procedures and requirements for the revision of existing health service area boundaries under section 1511(b)(4) of the Public Health Service Act, as amended by the Health Planning and Resources Development Amendments of 1979, Pub. L. 96-79. Interested persons are invited to submit written comments and suggestions concerning these interim rules.     

浅谈违约责任与侵权责任竞合的处理--兼评我国《合同法》第122条之规定

我国<合同法>第122条规定在违约责任与侵权责任发生竞合的情况下,受害人一方可选择提起违约之诉或侵权之诉.笔者认为此项规定是源于过去的理论,与其他法律不协调,脱离我国实际.在发生违约责任与侵权责任竞合的情况下,应采法条竞合说适用侵权行为法.     

因违规人工终止妊娠引起医疗纠纷1例

王某，女，32岁，干部。预产期：2003年11月9日。于2003年11月4日因计划外怀孕被强迫入院施行人工终止妊娠术。孕39^＋2W，孕。产1，体查：T36．5℃，P72次／min，R18次／min，BP118／70mmHg，孕期检查正常，无高血压及心脏病史，既往及孕期无异常病史。腹部检查：怀孕9个月，宫高脐上4指，经产妇。B超检查：胎儿双顶径93mm，胸径85mm，股骨70mm，胎心（＋）；胎盘前宫壁，厚度33mm，胎盘Ⅲ&#177;级；羊水42mm。B超提示：足月妊娠单胎头位（COA）。     

因违规人工终止妊娠引起医疗纠纷1例

案例王某,女,32岁,干部。预产期:2003年11月9日。于2003年11月4日因计划外怀孕被强迫入院施行人工终止妊娠术。孕39 2W,孕2产1,体查:T 36.5℃,P 72次/min,R 18次/min,BP 118/70mmHg,孕期检查正常,无高血压及心脏病史,既往及孕期无异常病史。腹部检查:怀孕9个月,宫高脐上4指,经产妇。B超检查:胎儿双顶径93 mm,胸径85 mm,股骨70 mm,胎心( );胎盘前宫壁,厚度33 mm,胎盘Ⅲ±级;羊水42 mm。B超提示:足月妊娠单胎头位(COA)。2003年11月4日6:00施行宫腔穿刺2次,未抽出羊水,没有注射利凡诺尔,采用米索前列醇刺激宫缩终止妊娠。6:05Pm含服米索…     

Enabling the IPBES conceptual framework to work across knowledge boundaries

The IPBES conceptual framework (CF) serves an instrumental value to translate usable knowledge into policy across spatial scales, alongside a normative function to engage diverse knowledge systems, promoting inclusivity and enhancing legitimacy. It has been argued that the CF operates as a boundary object, a communication and organisation tool for those working across diverse knowledge systems, designed to help them reach shared goals. The paper focuses on this claim, exploring the three core characteristics of a boundary object: interpretive flexibility, material and organisational structure, and the recognition of dissention. We suggest that too much emphasis is placed within the CF upon interpretive flexibility, whilst meeting information needs and the work requirements of all individuals, groups and communities who use the CF are overlooked. By forcing consensus, the IPBES CF ignores the critical dimensions of a boundary object. We argue that embracing the full characteristics of a boundary object will enable the IPBES to support knowledge coproduction and translation across the knowledge systems, better achieving its goal of providing policy advice.     

Rule-making, rule-breaking? Law breaking by government in the Netherlands and the United Kingdom

This article concerns a relatively novel issue: rule breaking and unlawful conduct by government bodies; to which degree does it occur, what is the nature of this misconduct, what are the underlying motives, and what are the consequences and possible solutions? Rule and law breaking is harmful for the credibility and integrity of a state and its law enforcement system. However, very little empirical research has been carried out into this issue, in comparison to research into state crime. There is little clarity about how public actors deal with criminal and administrative laws and rules in areas like environmental protection, safety regulations and working conditions. Do government bodies set a good example? Is their behaviour better or worse than the public and businesses? An analytical framework for research will be presented and also the results of an extensive research project in the Netherlands; the main themes of which have been benchmarked against data from the United Kingdom. The article will conclude with a summary of the main findings and a number of suggestions for further research and policy development.     

The color of law: an economic theory of legal boundaries

This paper presents an economic theory of property, tort, and contract law based on the goal of efficiently governing economic exchange relationships. In the theory, legal boundaries emerge endogenously in response to exogenous differences in the nature of the underlying transaction concerning the possible existence of unforeseen or non-contractible contingencies, and/or the desire of one of the parties to make non-salvageable investments prior to trade. The analysis asks whether, in this context, the transaction is best governed by property, tort, or contract principles. The conclusions are illustrated by a discussion of several cases that occupy the “boundaries” between the various areas.     

Who is left out: exploring social boundaries in entrepreneurial ecosystems

The Journal of Technology Transfer - This study attempts to develop our understanding of the ecosystem as a complex social construct by advancing a social network perspective. Based on personal...     

Making the rules and breaking the rules: the political origins of corporate corruption in the new economy

Recent scandals at companies like Enron and WorldCom have pointed to the systemic origins of many corporate frauds. This paper advances the argument that behind those scandals were strategic political actions that changed the regulatory and legal environment in which those firms operated and created criminogenic institutional frameworks that facilitated acts of corporate corruption. Three case studies involving (1) the California energy crisis of the late 1990's, (2) the regulation of energy derivatives, and (3) accounting treatments of stock options, are presented to illustrate how markets and the rules that govern them are the products of political processes and how they can create motivations and opportunities for corporate fraud. The implications these case studies have for the study of corporate crime and corruption are discussed.