高技术立法规制问题的哲学探讨

近代以来 ,科学技术得到了迅猛的发展 ,而技术无疑是我们这个时代最引人注目的社会现象之一。由此导致体外受精 (试管婴儿 )技术、克隆人技术、人体基因重组技术等一系列高技术的出现。其中 ,任何一项高技术一旦运用于社会 ,就不单纯是一个技术问题 ,必定转化为社会、环境、法律、伦理、生态等问题。这不仅对社会、人们的观念造成极大冲击 ,也对人类生存提出了严峻挑战。如何利用法律 ,有效规范高技术就提到了议事日程。我国现有的科技法由于对科学、技术的本质没有深入的认识及立法的粗糙性 ,很难完成高技术时代的历史使命。因此 ,有必要从科技所涉及的最基本问题入手 ,经过哲学分析 ,对我国如何有效规制高技术提出立法建议     

Some comments on Antonelli and Quatraro’s paper of measuring effect of biased technology on TFP

The paper is a response to Antonelli and Quatraro’s paper named “The effects of biased technological change on total factor productivity: empirical evidence from a sample of OECD”. We point out that “so-called novel method” which is used to identify and disentangle the effects of the direction of technological change on total factor productivity (TFP) in the article is wrongly implemented. Antonelli and Quatraro introduce Solow’s methodology as part of his basic model to represent the effect of neutral technical change, ignoring the intrinsic consequence of Solow’s calculating which called technical progress productivity is far from neutral. Hence, his methodology has little significance, neither the empirical analysis. Lastly, we give a new method measuring whether the technology is appropriate to the factor endowments’ changing. That’s the effect of biased technology on TFP.     

Environmental Technology Transfer and Dissemination under the UNFCCC: Achievements and New Perspectives

Response to climate change will critically depend on the cost, performance, and availability of technologies that can lower emissions, mitigate, and adapt to climate change. Technological innovation can furthermore lower the cost of achieving environmental objectives. However, and although issues of technology transfer have been central to the United Nations Framework Convention on Climate Change (UNFCCC) since the negotiation of the convention, there is still an urgent need for effective environmental technology diffusion. Building upon lessons learned from technology transfer activities under the Clean Development Mechanism and the Global Environment Facility, the article suggests three possible solutions for enhanced environmental technology diffusion within the UNFCCC regime. First, it advocates in favor of a simplification of the transfer scheme within the convention's bodies, in order to save resources and better allocate responsibilities. Second, it makes some recommendations with respect to technology transfer through the Green Climate Fund. Third, it suggests that the creation of an environmental patents’ pool would help to ensure access to key environmental technologies. To this respect, the article concludes that in order to ensure the full participation of the private sector, right holders should be paid a fair royalty. Therefore, a model where rights would be bought out and then made available to parties through a patent pool is recommended.     

A new lexicon and framework for analyzing the internal structures of the U.S. Advanced Technology Program and its analogues around the world

Analogues of the U.S.’s Advanced Technology Program can be found in many countries around the world. These government programs provide financial assistance to firms and other entities to develop innovative technologies in the conviction that these developments will contribute to future economic strength. For political and economic reasons, these programs tend to be complex and intricate in their design. No informed evaluation and comparison of such programs can take place without a clear understanding of their internal structures. This paper analyzes the anatomy of such programs and constructs a vocabulary for understanding program design choices. It identifies and discusses a representative sample of important program design features—eligibility requirements, the nature of the research, technical scope, the selection process, and public-private financial arrangements—and provides examples of national programs embodying alternative design choices. This paper should interest policymakers, program administrators, program evaluators, and others involved in program design, management and evaluation. This paper is drawn from a draft reprot, “A Multi-Country, Binational Comparison of the ATP and its Analogues,” by the author, prepared for the National Institue of Standards and Technology. The draft reprot covers additional program features of a number of programs in different countries.     

Using Dasymetric Mapping for Spatially Aggregated Crime Data

With availability of crime data to the public via sources such as the Uniform Crime Reports, and increasing geographic information system (GIS) capabilities for mapping crime, macro-level studies of crime have advanced knowledge of how crime is distributed over large areas. Choropleth mapping, commonly used in macro-level studies, visually displays data by assigning the number of crimes or crime rate to the corresponding spatial unit and using different shades or textures for each value or classified values creating a thematic map. However, crime incidents or crime rates are not dispersed evenly within spatial units, and choropleth mapping masks the underlying nuances of the distribution. Artificial boundaries, along with variations in the size of the unit of analysis, can further distort the true distribution of crime. Dasymetric mapping provides a methodology for refining the distribution of crime within a spatial unit. It does so by using additional data, such as land use and census data, to provide a realistic estimate of how crime may be distributed within the units of analysis. Dasymetric mapping is also useful in creating density maps to reveal clusters of crime normally masked with choropleth maps. This paper will show how dasymetric mapping can estimate the spatial distribution of aggregate level residential burglary within political boundaries in Massachusetts based on land use and housing data.     

Medicare+Choice program; collection of user fees from Medicare+Choice plans and risk-sharing contractors--HCFA. Interim final rule with request for comments

This interim final rule with a request for comments establishes the methodology that will be employed to assess fees applicable to Medicare risk-sharing contractors for fiscal year (FY) 1998. Under section 4002 of the Balanced Budget Act of 1997, these contractors must contribute their pro rata share of costs relating to beneficiary enrollment, dissemination of information, and certain counseling and assistance programs. The Medicare+Choice regulation to be published in June of 1998 will implement this requirement for Medicare+Choice plans.     

环保专利共享法律制度研究

环保专利共享计划是气候变化相关技术转让机制的重要组成部分,它从私人公司的角度出发为气候变化相关技术转让的问题提出了新的视角,利用环保技术的特性建立起私人自愿捐赠机制,在促进技术创新的同时实现有效的技术转让。国际环境条约为环保专利共享计划提供了法律依据,环保技术与软件的相似性为环保专利共享计划提供了可行性基础,专利和契约等相关法律制度的完善为环保专利共享计划的运行提供了法律保障。     

The Regional Location of Knowledge Based Economy Activities in Israel

The article analyzes the spatial location behavior of economic activity that is knowledge based, by decomposing the Knowledge-based Economy Index developed by the OECD (1999) and elaborated by Cooke and Schwartz (2003) into major components that represent groups with different characteristics. The spatial behavior is analyzed in Israel in the years 1995–2002. We find that business services and high tech services tend to concentrate in metropolitan areas. Business services are found in the main city and high tech services in the satellite urban ring, with the outer-cities becoming stronger over time. Public services supporting the knowledge-based economy are concentrated in the center of the country, though not necessarily in the principal city, and they can represent an important tool in regional policy. The high tech manufacturing is concentrated around the big cities, mainly around the main metropolis. The other knowledge-based manufacturing activities tend to leave for the periphery.     

Placing the suspect at a PC: A preliminary study involving fingerprints on keyboards and mice

Digital devices now play an important role in the lives of many in society. Whilst they are used predominantly for legitimate purposes, instances of digital crime are witnessed, where determining their usage is important to any criminal investigation. Typically, when determining who has used a digital device, digital forensic analysis is utilised, however, biological trace evidence or fingerprints residing on its surfaces may also be of value. This work provides a preliminary study which examines the potential for fingerprint recovery from computer peripherals, namely keyboards and mice. Our implementation methodology is outlined, and results discussed which indicate that print recovery is possible. Findings are intended to support those operating at-scene in an evidence collection capacity.     

Administering a victim impact curriculum to inmates: a multi-site replication

While restorative justice has been the topic of much research, a specific type of program included in restorative justice, Impact of Crime (IOC) on Victims programs, has not been widely studied or assessed for effectiveness. This study examines IOC on Victims Curriculum Development Programs. Offenders from programs in California, Ohio, Tennessee, and Virginia were participants in this research. A four-state evaluation methodology was developed in order to assess the effectiveness of these programs in educating offenders about victims’ right and victim facts, as well as increasing their sensitivity to victims’ difficulties. The findings in this evaluation lend support to previous studies, indicating efficacy for IOC programs. Suggestions for future research are briefly discussed.     

Developing and transfering technology in state S&T programs: Assessing performance

By 1996, all states had established a program focusing on the development of technology and technology-based economic development. As more agencies move to performance-based management, state S&T programs are increasingly under pressure to report outcome and output data for their programmatic activities. This paper presents findings on the extent and use of performance measurement and evaluation efforts in state science and technology programs. The 1995–96 study was based on a series of eight case studies and a mail survey of science and technology-based programs in all fifty states. The findings show that three groups of measures emerged as most important to state science and technology programs: employment-related data, leveraged or matching fund data, and anecdotal evidence. State programs are especially pressured to report short-term outcomes, yet show economic benefits. Many state program managers find value in performance data—the reseacch shows that the primary reason that many states assess their performance is the value of performance information as a management tool. Any opinions, findings, conclusions, or recommendations here are those of the authors and do not represent the views of the National Science Foundation. This research was supported under NSF Grant No. SBR-9422433 from the Program of Research on Science and Technology and through the second author's NSF Independent Research Plan. The research benefited greatly from the contributions of two tireless research assistants, Arlene Allen and Michael Turton.     

Law’s not hard; it’s just hard to get into: a study of alternative entry students to law school

Widening access to higher education is a challenge currently under discussion in Australia and the United Kingdom. The increasing number of alternative entry programs offered by universities has made tertiary study, including law study, more accessible. One concern with widening access to legal education is the ability of students entering law school through means other than very high academic scores to undertake a law degree successfully. Students who enter law school are generally referred to as “high achievers”, having qualified through an admission policy based on competitive rankings. The implementation of equitable access programs in some Australian universities has resulted in a number of places being made available to final year high school students who meet the eligibility criteria. Lowering the entry requirements to some courses provides opportunities for students whose circumstances have affected their ability to attain competitive ranking scores. The Principals’ Recommendation Scheme (PRS) is one of these programs. The University of Technology Sydney in New South Wales, Australia commenced the PRS in 2012. UTS:Law was one of the first Faculties to develop a strategy to support these students. The Faculty is committed to resourcing all students in their study and, as a result, is engaged in the ongoing evaluation of the academic and co-curricular programs provided to students. This paper explains the implementation of the PRS and the relevant support infrastructure available to students. It also considers the research into student retention and academic success and makes a preliminary assessment that, to date, the PRS students are succeeding in the transition from secondary education to law school, and that the existing infrastructure is accommodating the needs of these students. The PRS is an alternative entry scheme that provides a model for consideration by other law schools, committed to widening access to legal education.     

The Internet, Technology, and Organized Crime

Digital technology has transformed organizational life. Developments in communications, and in information storage and retrieval, to name just two areas, have greatly enhanced the efficiency with which legitimate organizations operate. Unfortunately, the benefits of digital technology are not lost on criminal organizations, which exploit digital technology to enhance the efficiency and effectiveness of their own operations. This paper will discuss the organized criminal exploitation of digital technology, by looking at a number of illustrative cases from Asia and around the world. It will discuss the various types of “conventional” organized crime that can be facilitated by digital technology, as well as terrorism, which itself can be regarded as a special kind of organized criminal activity. One fundamental question that the paper will seek to address is whether the activities of Asian organized crime have become substantively different as a result of technology, or whether traditional organized criminal activities in Asia are merely being conducted on a more efficient and effective basis. The paper will note the transnational nature of much organized criminal activity, and will discuss mechanisms for the control of organized crime in the digital age.     

The future of technological law: The machine state

Advances in technology will challenge and change the current manner in which legal regulation occurs. It has always been possible to describe governance and law as a form of technology in itself, but the growth of digital technologies provides a new means by which to regulate the population. This article posits the theory that the inherent characteristics of technology will become inherent within the digitisation of law. As law becomes an increasingly digital entity, it will become more concerned with perfect reproduction of law upon the person, and so more encompassing in its scope. In addition, the increasing use of digital technologies in augmented reality, in 3D and 4D printing both in solid and biological matter, poses a fundamental change in the regulatory relationship between the State and the individual – a challenge the State will need to address.     

司法证明模糊论

“真实”本身具有多元解释,是一个不可能得到精确认定的模糊概念。“事实”必须为法官所确立,是一种个性思维过程后的结论,可称为“法官真实”。从模糊理论与心证演变模式的三个阶段的视角看,自由心证的实质是模糊心证。司法证明必须容忍甚至鼓励富有极大模糊性的日常生活语言以描绘案件事实。模糊理论为司法证明科学的发展带来了新的视角与方法,扩展了研究者理性选择的空间,做出了不同于既有法学语境的诠释,试图形成一个能够科学描述和处理司法证明模糊性的概念体系和方法论框架,以突破摇摆于确定性与不确定性之间的困惑。     

Increasing Evidence-Based Programs in Criminal and Juvenile Justice: A Report from the Front Line

For the past 5 years in the United States, there has been an increased emphasis on evidence-based programs, and, in particular, the promotion of experimental designs as the highest standard of evidence. This interest has been fueled by the Federal government's demand for accountability that links budget allocation with program performance. The National Institute of Justice, the research, development and evaluation agency within the Office of Programs in the U.S. Department of Justice is undertaking a number of efforts to improve the quality of evaluation research and address the need for evidence-based programs. These efforts have focused on making improvements upfront in the grant selection process so that well-designed evaluations will be undertaken and in the management and monitoring of ongoing evaluation research grants so that implementation and design issues can be identified and addressed. Evaluability assessments is a key strategy that NIJ is relying on increasingly to identify programs that have a high likelihood of being successfully evaluated. Whether these efforts will lead to an overall increase in the rigor of NIJ-supported evaluations remains unanswered at this time. The views expressed are those of the authors and not necessarily those of The National Academies or the National Institute of Justice.     

Healing Families: An Outcome Evaluation of a Community Family Court

In this paper, a model community family court program that seeks to break the intergenerational cycle of crime and substance abuse by treating families holistically will be presented. This model court seeks to reduce crime and provide safe and permanent homes for children of substance‐abusing parents. In this community family court, the prototypical problem‐solving court has been both focused and expanded. The community family court provides a focused response designed to address the unique combination of problems facing families on a family‐by‐family basis. At the same time, supervision and treatment services have been expanded to include every family member and all open court cases including criminal charges, juvenile delinquency, dependency, and civil cases. An overview of the court's evolution and discussion of integrated services designed to provide a wraparound style intervention will be highlighted as key contributors to the largely positive results of this community family court's evaluation.     

Predicting Technology Success: Identifying Key Predictors and Assessing Expert Evaluation for Advanced Technologies

This study investigates a set of precursor factors that appear related to future technology success, and whether or not expert evaluators can a priori provide useful information during the technology review process. Sixty-nine highly advanced post 9–11 technologies are tracked over time. Based upon the results of this study, we conclude that a reasonably good predictive model can be constructed from organizational and technology factors, such as firm size, stage of development, and strategic partnerships. The results also indicate that the incremental value of expert reviewers and technology evaluators to predict future technology success is relatively small. Reviewers that provided the greatest predicative power, however, had current scientific responsibilities. These results raise important issues regarding the capability of developing predictive models of technology success.