公用企业合法垄断之否定

传统的观点认为,公用企业是典型的自然垄断行业,同时也受到了法律的厚爱。但现实中,它不仅没有达到立法者的良好初衷,反而从一个社会福祉的创造者蜕变成了狭隘的经济人,而且是一个有着国家意志和行政权力作掩护的更容易掠夺消费者的经济人,对社会利益造成了极大的损害。本文通过对必要性和可行性分析,肯定了公用企业也应该适用反垄断法,并就此考察了几个特殊问题。     

Sanctions applicable to letter of credit administration--Office of the Secretary, HHS. Proposed rule

We are proposing regulations that would govern the imposition of sanctions against recipient organizations holding letters of credit under programs administered by the Department of Health and Human Services. The regulations would describe the conditions which may prompt the imposition of sanctions and would establish uniform procedures for providing affected recipient organizations: (1) Adequate notice of the grounds upon which proposed sanctions are based, (2) an opportunity to respond to the factual and legal bases of the proposed sanctions, and (3) a reasoned decision that articulates the factual and legal bases of the Department's final decision. We believe that these uniform procedures would be useful both as a sound management tool for the Department and as a guide to grantees and contractors.     

Revisions to the requirements applicable to blood, blood components and source plasma. Direct final rule

The Food and Drug Administration (FDA) is amending the biologics regulations by removing, revising, or updating specific regulations applicable to blood, blood components and Source Plasma to be more consistent with current practices in the blood industry and to remove unnecessary or outdated requirements. We are taking this action as part of our continuing effort to reduce the burden of unnecessary regulations on industry and to revise outdated regulations without diminishing public health protection. Elsewhere in this issue of the Federal Register, we are publishing a companion proposed rule under our usual procedures for notice and comment in the event that we receive any significant adverse comments on the direct final rule. If we receive any significant adverse comments that warrant terminating the direct final rule, we will consider such comments on the proposed rule in developing the final rule.     

Cost allocation methodology applicable to the temporary assistance for needy families program. Final rule

This final rule applies to the Temporary Assistance for Needy Families (TANF) program and requires States, the District of Columbia and the Territories (hereinafter referred to as the "States") to use the "benefiting program" cost allocation methodology in U.S. Office of Management and Budget (OMB) Circular A-87 (2 CFR part 225). It is the judgment and determination of HHS/ACF that the "benefiting program" cost allocation methodology is the appropriate methodology for the proper use of Federal TANF funds. The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 gave federally-recognized Tribes the opportunity to operate their own Tribal TANF programs. Federally-recognized Indian tribes operating approved Tribal TANF programs have always followed the "benefiting program" cost allocation methodology in accordance with OMB Circular A-87 (2 CFR part 225) and the applicable regulatory provisions at 45 CFR 286.45(c) and (d). This final rule contains no substantive changes to the proposed rule published on September 27, 2006.     

我国劳动法适用对象的扩大及其思考

在市场经济发展的过程中,随着多元经济的产生和利益格局的重构,劳动关系发生了重大的改组和分化,呈现出前所未有的多样性、复杂性和交叉性。与此同时,以劳动关系为调整对象的劳动法也在不断的发展和完善,其适用对象也在不断的扩大。劳动法对劳动者的保护作用正呈现出巨大的生命力,但也出现了一些值得思考的问题。     

The law applicable in Italy to the capacity of natural persons in relation to trusts

This article highlights the substantive law categories of capacityof natural persons and the corresponding characterization accordingto international private law; the law applicable to the capacityof the settlor; the law applicable to the capacity of the trustee,of the protector and of other persons in a similar positionof the first one; the law applicable to the capacity of thebeneficiary; the law applicable to the capacity to choose thegoverning law of the trust, and the law applicable to the capacityto stand in legal testings of the Trusts subjects.     

欧盟合同法律适用制度的演进

欧共体于1980年通过的<合同之债的法律适用公约>(以下称<罗马公约>或<公约>),统一了各成员国的合同法律适用规则,在一定程度上减少了由当李人作法院选择的几率.但是,经过20多年的实践,<公约>本身的立法形式及一些具体条款已表现出诸多不足.本文拟根据欧盟委员会公布的<关于将1980年＜合同之债的法律适用公约＞转换为共同体立法及其现代化的绿皮书>(以下称<绿皮书>)和<合同之债的法律适用条例议案>(以下称<罗马条例I议案>)这两个重要文件,对<公约>各条款的不适应性进行分析,并介绍其解决这些问题的思路.     

Assessing age-related morphology of the pubic symphysis from digital images versus direct observation

The increasingly global role of a forensic anthropologist necessitates a proper means for archiving evidence for re-examination. Large quantities of evidence can be stored and be made readily accessible through digital imaging. This study focuses on age assessment from digital photographs for personal identity reconstructions. A comparison of 52 Suchey-Brooks scores assigned to digital images and actual bone revealed that age assessment from digital images can be completed with accuracy. Coefficients of concordance imply that there significant agreement between osteological assessment of aging criteria from digital images and direct observation-greater than random change alone (p < 0.05). However, assessments from images should be approached with caution since there are inherent limitations of the naked eye in identifying morphological changes in certain skeletal features, especially where older adults are concerned. Although there is no replacement for a hands-on physical assessment, a digital archive may facilitate the global needs of the forensic anthropologist.     

Dr. Walter McCrone's contributions to microscopy workshops and the certification of criminalists

Walter McCrone was not only a remarkable forensic microscopist, but also a skilled grants man and devoted scientific professional. This article briefly recounts his activities in the 1970s and 80s where he played a major role in securing grant funds to sponsor microscopy training around the country, and in using his considerable professional influence to advance the cause of certification.     

Hazardous waste management system: standards applicable to generators of hazardous waste and standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities--Environmental Protection Agency. Proposed rule

The Environmental Protection Agency (EPA) is today proposing amendments to its hazardous waste regulations under Subtitle C of the Resource Conservation and Recovery Act (RCRA). These amendments would replace the annual reporting requirements for hazardous waste generators and owners and operators of hazardous waste treatment, storage, ad disposal (TSD) facilities with a biennial survey of representative samples of those populations. This approach will provide verifiable data on a wider range of topics, better serve EPA's long term regulatory needs under RCRA, and reduce significantly the information burden on the regulated community.     

国际条约在不服渔业行政处罚所提起的行政诉讼程序上的优先适用

为了回答由一则不服中国渔业行政处罚而提起行政诉讼的案例提出的中国领域外形成的证据是否应当经过公证认证的问题,有必要审视在中国法律框架内国际条约优先适用的制度。国际条约优先适用的原则不仅适用于中国实体法领域,而且在民事或行政诉讼法的领域同样适用。作为下位法的行政诉讼证据规则应当让位于国际条约的规定。中美谅解备忘录就是这样的双边国际条约,考量涉案美方案卷能否成为行政诉讼证据,应当根据该备忘录的规定。经过中美执法部门证据交接美方案卷成为中方执法证据之一,符合备忘录的要求,具有证据上的可采性,应当被依法采信为行政诉讼证据。     

国际条约在不服渔业行政处罚所提起的行政诉讼程序上的优先适用

为了回答由一则不服中国渔业行政处罚而提起行政诉讼的案例提出的中国领域外形成的证据是否应当经过公证认证的问题,有必要审视在中国法律框架内国际条约优先适用的制度.国际条约优先适用的原则不仅适用于中国实体法领域,而且在民事或行政诉讼法的领域同样适用.作为下位法的行政诉讼证据规则应当让位于国际条约的规定.中美谅解备忘录就是这样的双边国际条约,考量涉案美方案卷能否成为行政诉讼证据,应当根据该备忘录的规定.经过中美执法部门证据交接美方案卷成为中方执法证据之一,符合备忘录的要求,具有证据上的可采性,应当被依法采信为行政诉讼证据.     

Evaluation of methyl tert-butyl ether (MTBE) as an interference on commercial breath-alcohol analyzers.

Anecdotal reports suggest that high environmental or occupational exposures to the fuel oxygenate methyl tert-butyl ether (MTBE) may result in breath concentrations that are sufficiently elevated to cause a false positive on commercial breath-alcohol analyzers. We evaluated this possibility in vitro by establishing a response curve for simulated breath containing MTBE in ethanol. Two types of breath-alcohol analyzers were evaluated. One analyzer's principle of operation involves in situ wet chemistry (oxidation of ethanol in a potassium dichromate solution) and absorption of visible light. The second instrument uses a combination of infrared absorption and an electrochemical sensor. Both types of instruments are currently used, although the former method represents older technology while the latter method represents newer technology.The percent blood alcohol response curve was evaluated over a breath concentration range thought to be relevant to high-level environmental or occupational exposure (0-361 microg/l). Results indicate that MTBE positively biases the response of the older technology Breathalyzer when evaluated as a single constituent or in combination with ethanol. We conclude that a false positive is possible on this instrument if the MTBE exposure is very high, recent with respect to testing, and occurs in combination with ethanol consumption. The interference can be identified on the older technology instrument by a time dependent post-reading increase in the instrument response that does not occur for ethanol alone. In contrast, the newer technology instrument using infrared and electrochemical detectors did not respond to MTBE at lower levels (0-36 microg/l), and at higher levels (>72 microg/l) the instrument indicated an "interference" or "error". For this instrument, a false positive does not occur even at high MTBE levels in the presence of ethanol.     

Requirements and procedures applicable to appeals before the Departmental Grant Appeals Board--Department of Health and Human Services. Notice of proposed rulemaking

The Department of Health and Human Services (HHS) proposes to delete the material currently set forth in 45 CFR Part 16, and substitute new requirements and procedures applicable to disputes arising under certain HHS grants and other programs. HHS also proposes to add certain related provisions to 45 CFA Part 74, which contains general requirements applicable to all HHS grants and cooperative agreements. These proposed provisions are intended to improve the Department's capability to provide a fair, quick and flexible process for appeal from final written decisions.     

Scanning electron microscopy as an auxiliary method in the study of exhumed bones

Scanning electron microscopy (SEM) has been used in forensic science in many ways. The reports of cases in which SEM has been used as an auxiliary method in the investigation of exhumed bones are rare. In this article, we report an exhumation that was made to determine if a seized weapon could have been used in a homicide. We used SEM to analyze a fracture in the interior of the skull of the victim. The findings described in this article showed us that it is possible to develop new researches in this field.