诉之预备合并的比较与借鉴

诉之预备合并是有顺位的诉讼合并方式 ,其构成有特殊的要件。预备合并又分为客观的诉之预备合并和主观的诉之预备合并。在大陆法系诉讼法发展的历史上 ,预备合并之诉的合法性经过了长期的争论与摇摆。现今各大陆法系国家的民事诉讼都已承认客观的预备合并之诉的实用价值。但对于它的具体程度有不同的学说观点和实际做法。对于主观的诉之预备合并 ,仍有学说和判例持否定态度 ,而肯定说的观点正日益获得更多的认同。在我国民事诉讼中设立预备合并之诉 ,应当解决如何判断主位请求“败诉”和诉讼费用的负担等实务问题。     

What's New and Useful in Law Analysis Technology?*

Abstract
Decision-aiding software is probably the most important technological innovation from the perspective of lawyer decision-making, as contrasted to efficient office management. That kind of technological breakthrough can be helpful to lawyers in negotiating settlements favorable to their clients without expensive litigation. The technology makes use of benefit-cost analysis, multi-criteria decision analysis, spreadsheet software, and especially super-optimizing analysis whereby plaintiffs, defendants, and other parties can all come out ahead of their best initial expectations simultaneously. Decision-aiding software can also be helpful to lawyers in evaluating alternative precedents, statutes, regulations, and other legal policies to arrive at versions favorable to their clients without an expensive adoption campaign.     

18岁年龄推断的法医影像学研究进展

18周岁年龄节点在司法审判、移民、竞技体育中均有重大意义,18岁年龄推断是法医实践工作的难点之一,也是法医基础研究应面对的问题。目前常用的指标包括锁骨胸骨端、髂嵴、第三磨牙、四肢骨近关节端。18岁年龄推断的常用影像方法多样,包括平片、CT、超声、MRI,薄层CT是目前主要研究手段,但逐渐向无辐射的MRI发展。统计方法多采用一般描述性分析,但其统计效能低,因此逐渐有作者提出应用ROC、数据挖掘技术等高功效的统计方法推断年龄。既往研究显示上述指标的完全发育成熟在18岁年龄推断中有一定意义,可用于18岁年龄推断,多指标的联合应用及高功效的统计方法将会提高18岁年龄推断的准确性。     

论企业在经济法中的主体地位

企业是市场经济的参加者,它的存在是市场经济发生的首要条件,同时也是经济法规制的主要对象.从法理角度分析,企业具有经济权利能力和经济行为能力,并以自己的名义参加到具体的经济法律关系中去享受经济权利、履行经济义务,因而是经济法律关系的主体.非法人企业虽然不具有法人资格,但却具有主体地位,并且是与自然人和法人并列的第三类主体.     

Arterial Perfusion—A Useful Technique for Evaluating Incised Wounds

A 54‐year‐old woman was found deceased with incised wounds of both sides of her neck and both wrists. Postmortem CT scanning revealed air in the heart and in the dural veins in continuity with air in the right jugular vein. Death was due to incised wounds of the wrist and neck with blood loss and air embolism. The manner of death was suicide. At autopsy, perfusion of the thoracic ascending aorta produced a fine stream of water emanating from an incised wound of the right ulnar artery with no significant leakage of water from the wound of the left wrist. There was also leakage from the facial artery branch of the right external carotid artery. Perfusion testing can be used as a screening test prior to formal dissection and also to identify small vessels that may not be obvious on standard examination of an exsanguinated field.     

论间接正犯的着手

间接正犯的着手是共犯理论中立场对立鲜明、争议颇大的问题,主、客观学派对于间接正犯着手的考察相去甚远,而在大陆法系国家的司法实务中也未曾达成共识。事实上,对间接正犯着手的考察应该站在客观主义的基本立场下,辅之以间接正犯的人身危险性考量,借鉴保安处分制度的优势,进而保证刑法的公平正义。     

“记者比法官有用”现象之我见

“记者比法官有用─天下没有新闻媒介断不了的官司。”这种现象已对法官的威信、法律的威严造成了较大的负面影响。本文针对这种现象形成的原因及其利弊效果作了较为全面深入的分析,并力图端正认识,正确地估计评价新闻舆论监督的作用。     

Victim-offender- reconciliation: The Danger of Cooptation and a Useful Reconsideration of Law Theory

The conceptual orientation and implementation of Täter-Opfer-Ausgleich (TOA), the German version of Victim-Offender-Reconciliation Programs (VORP), in the criminal and juvenile justice system in Germany brings some dangers with it. It can hide the real nature and character of conflict mediation and prevent elements of restorative justice from giving up their shadowy existence. The practice of TOA for the most part is far from corresponding to the basic idea of conflict resolution and reconciliation as well as to established professional reconciliation standards. Conspicuous is the multiple search for niches of acceptance and an adaptation to inappropriate ideas out of the world of juvenile welfare and criminal law. TOA/VORP in its conception is not the ideal way to foster a restorative justice approach but, on a continuum of possible steps for the treatment of conflicts, it is useful. If victim-offender reconciliation has any essential meaning, it is not because of its modest attempts at practical realization but because it makes the essential tasks of law clear to us.     

Renal Cortical Pallor—A Useful Macroscopic Marker for Metabolic Derangements at Autopsy

Renal cortical pallor was studied as a potential marker at autopsy of diabetic ketoacidosis in 23 cases, hyperglycemic nonketotic coma in eight cases, and alcoholic ketoacidosis in five cases (vitreous humor glucose level ≥11.1 mM; β‐hydroxybutyrate level ≥5 mM). Renal cortical pallor was noted on macroscopic examination in 10 of 23 cases of lethal diabetic ketoacidosis (43.5%), three of eight cases of fatal hyperglycemic nonketotic coma (37.5%), and in two of five cases of alcoholic ketoacidosis (40%). Histologic examination revealed basal vacuolization of renal tubular epithelial cells in 12 cases, Armanni–Ebstein lesions in 10, and osmotic nephrosis in three. Although renal cortical pallor did not appear to be a particularly sensitive marker for hyperglycemia or ketoacidosis, and did not correlate with the severity of these parameters, it may still represent a useful macroscopic marker for underlying metabolic conditions at autopsy and should therefore prompt measurement of vitreous humor glucose and β‐hydroxybutyrate levels.     

Autopsy Reenactment – A Useful Technique in the Evaluation of Adhesive Tape Asphyxia

A 19‐year‐old woman was found dead with her face and head wrapped in plastic adhesive tape in a cupboard beside an opened helium cylinder. Despite the alleged presence of a suicide message on a social networking website, the unusual circumstances raised the possibility at the time of autopsy of either accidental death from sexual asphyxia or homicide. A carefully monitored reenactment demonstrated, however, that the type of commercial adhesive tape that had been used did not cause complete airway obstruction and that it was possible to wrap a considerable length of tape around the head and neck with the breath held. All of the features at autopsy were, therefore, compatible with self‐infliction. Asphyxial death was attributed to the combined effects of smothering from tape and anoxia from helium, an extremely rare combination in young females.     

Academic outcomes among principal investigators,co-principal investigators,and non-PI researchers

Faculty at research universities are evaluated on a number of productivity measures including their ability to conduct research, teach, and engage in service. Research outcomes include publishing research results and acquiring grants and contracts to conduct additional research. While it is assumed that researchers who are awarded grants are more likely to publish research results, there is little research investigating the ways in which grants affect outcomes or how principal investigators differ from researchers who do not hold research grants or those who are co-principal investigators. This research seeks to understand if principal investigators are more or less productive than co-principal investigators and those who do not have grants, and if so, what explains that variation in productivity. It also examines whether women PIs are more or less productive than men PIs. This research uses longitudinal data drawn from an NSF funded survey of academic scientists in Carnegie-designated Research I universities in six fields: biology, chemistry, computer science, earth and atmospheric sciences, electrical engineering, and physics. From this national random sample of men and women scientists and engineers we investigate whether there is variation in the production of outcomes (e.g. publications, teaching, and training graduate students) among PIs, co-PIs, and other researchers. Findings show that productivity and outcomes vary significantly for PIs, co-PIs and by sex.     

外资并购反垄断审查的区别原则探析

我国<反垄断法>关于企业并购的反垄断审查规定对于_保护市场竞争秩序有着积极作用.但是,由于我国的境内企业和外资企业的发展并不平衡,外资时我国境内企业的并购已经威胁到了我国的经济安全.内外资统一的反垄断审查标准并不能给我国市场带来真正的公平竞争环境.因此在并购的反垄断审查中,必须建立针对外资并购的区别原则.     

The inhibiting factors that principal investigators experience in leading publicly funded research

Securing public funding to conduct research and leading it by being a principal investigator (PI) is seen as significant career development step. Such a role brings professional prestige but also new responsibilities beyond research leadership to research management. If public funding brings financial and infrastructure support, little is understood about the inhibiting factors that publicly funded PIs face given the research autonomy offered by publicly funded research. Our study finds that there are three key PI inhibiting factors (1) political and environmental, (2) institutional and (3) project based. Traditional knowledge, skills and technical know-how of publicly funded PIs are insufficient to deal with the increasing managerial demands and expectations i.e. growing external bureaucracy of public funding agencies. Public funding is no longer the ‘freest form of support’ as suggested by Chubin and Hackett (Peerless science: peer review and US science policy. Suny Press, New York, 1990) and the inhibiting factors experienced by publicly funded PIs limits their research autonomy. We also argue that PIs have little influence in overcoming these inhibiting factors despite their central role in conducting publicly funded research.     

Entrepreneurial performance of principal investigators and country culture: relations and influences

The paper focuses on the role of a country’s culture in influencing the entrepreneurial attitudes of Principal Investigators, in shaping their ability to combine knowledge theory and business practice, in determining their capacity to strengthen the cooperation between the two domains of research and business, and in supporting research spin-off creation in entrepreneurial universities. To make Principal Investigators’ orientation match Entrepreneurial Universities’ goals of the marketing of innovation and entrepreneurship is not an easy task. A research-oriented approach, rather than an explorative entrepreneurial orientation, is still predominant in Principal Investigators. Among the factors influencing the strategic orientation towards entrepreneurship of Principal Investigators, the paper argues that the country’s culture could be key. Evaluating the influence of the entrepreneurial culture on a Principal Investigator’s activity is critical in predicting his performance and comparing it with that of Principal Investigators in other countries.     

Navigating the role of the principal investigator: a comparison of four cases

Principal investigators are the lead actors on projects at the forefront of nascent technologies, yet few studies have explored the personal actions and experiences of PIs as they navigate their roles. I investigated principal investigators and their approach to new boundary spanning and entrepreneurial roles. Following a multiple case study methodology with a combination of interviews and observation, four PIs in nanotechnology related fields are explored in three dimensions: career and institutional alignment, boundary spanning activities and the tensions created in the still largely uncharted waters of nanotechnology commercialization. I found that these PIs actively sought organizational alignment that allowed them “to make things happen” while keeping harmony between the university and enterprise. The PIs demonstrated boundary-spanning activities, in particular a propensity for welcoming strangers into their labs in the hopes of finding new knowledge and opportunities, and practicing “good grantsmanship” to convert these new relations into collaboration. I found that the PIs managed tensions related to academic progression and lack of institutional support. Through this study, I offer researchers an opportunity to hear the voice of PIs on these topics and seek to contribute to our understanding of PIs as critical actors in the pursuit of science.     

医患关系的法律调整原则研究

目的　探讨医患关系的法律范畴和调整原则。　方法　以医患关系具体内容和医疗行为方式分析其法律性质与特征。　结果　医患关系主要是以公益性为主的单务有偿民事合同 ,部分具有行政性或风险性。　结论　建立以民事法律、行政性法律的综合调整系统 ,以保险机制处置和补救医疗风险。