论行政法对物自由流通的限制——从法律经济学视角分析原因

我国法学界对为何要限制物的自由流通这一问题尚未有系统和深入的理论分析;而在立法和司法过程中,有关人士已对该相关具体问题存在重大争议,急需进一步的理论研究。本文采用法律经济学分析政府监管制度的理论框架,从克服市场失灵问题、实现分配目标、出于父母式关爱主义和服务于利益集团私利四个方面的可能理由来系统地解释和论证行政法对物自由流通的限制制度,并对我国一些具体相关制度进行分析。     

论结社自由权的宪法权利属性、价值及其限制

结社自由权的行使是民主宪政和法治的基础 ,结社自由权属于政治自由权范畴 ,具有积极的、肯定的宪法权利属性 ,是公民参与、决定国家社会事务的重要途径。结社自由在现代法治社会具有特殊的宪政价值 ,是民主与法治不可或缺的基础。分析世界各国宪法对结社自由的限制 ,为结社自由权的行使提供有效的方式。     

Photoshop图像分析法在不规则瘢痕鉴定中应用

目的 探讨photoshop图像分析方法在不规则瘢痕鉴定中的应用价值.方法 用photoshop图像分析方法和数格法对30种不规则瘢痕进行面积计算,并对其准确性和实用性进行比较.结果 photoshop图像分析方法与数格法所计算出的面积之间无明显差异(P =0.960 7),而在检测时间和过程等方面photoshop图像分析方法明显优于数格法.结论 photoshop图像分析法用于不规则瘢痕的面积计算,具有既准确又节省时间的优点,可以在不规则瘢痕的法医学鉴定中选择使用.     

Evaluation of a computer-assisted monitoring (CAMO) project: Some measurement issues

This article investigates the effect of Computer Assisted Monitoring of Offenders (CAMO) on probation outcome. In a comparison sample, the effect of CAMO treatment is compared to the effect of “regular” probation. In addition to testing the effects of CAMO as an intermediate treatment, methodological issues, such as level of probation restrictiveness and the effects of prior criminal involvement on probation outcome, are tested. Although the results are mixed, they indicate that level of probation restrictiveness and prior criminal involvement have a greater effect on probation outcome than does CAMO. These findings have ramifications for researchers comparing CAMO probationers to “regular” probationers and for those comparing different CAMO programs. An earlier version of this paper was presented at the Western Social Science Association’s 1992 annual conference.     

Text, Commentary, Annotation: Some Reflections on the Philosophical Genre

This essay is an attempt to analyze, classify and illustrate different scholarly approaches to the Sanskrit philosophical commentaries as reflected in some influential and especially thoughtful studies of Indian philosophy; at the same time it highlights some specific features involving commentary and annotation in general, drawing from results of studies on commentaries conducted in other disciplines and fields, such as Classical and Medieval Studies, Theology, and Early English Literature. In the field of South Asian Studies, philosophical commentaries may be assessed from various overlapping and not always exclusive points of view, such as preservation of otherwise lost historical information, historical authenticity and reliability, interpretational innovation, spiritual or experiential insight, philosophical creativity, intellectual liveliness, doxographic intent, degree of incidentality, expository breadth and explanatory depth. The essay provides numerous examples taken from classical to early modern philosophical literature, especially of the Brahminical and Buddhist traditions, and also discusses their diverging perception by modern scholars and interpretators.     

油浸法测定玻璃折射率的不确定度评定

目的建立油浸法测定玻璃折射率不确定度的评定方法。方法按照不确定度的A类和B类评定方法,对未知玻璃折射率测定过程中不确定度分量进行计算,最终确定扩展部不确定度。结果油浸法测定玻璃折射率的扩展不确定度约为4×10-5。结论根据不确定度计算出来的折射率的变化范围与实际分析中折射率的变化范围完全吻合。     

Cause-of-death query in validation of death certification by expert panel; effects on mortality statistics in Finland, 1995

The correctness of selection, coding and registration of underlying cause-of-death is important for the quality of mortality statistics. One measure to improve quality is the query to the certifier for verification of the underlying cause-of-death. In Finland, 3478 death certificates, 7.1% of total 49074 certifications in 1995, were considered questionable by statisticians. The expert panel at Statistics Finland was able to resolve 2813 (80.9%) of them. However, 665 (19.1%) certificates needed to be further queried from the certifier. Of these, 318 (47.8%) were re-assigned to another ICD-9 category or to the applicable three-digit category within the main category of heart and vascular diseases, resulting in changes from a 17.00-fold increase in rheumatic heart diseases (ICD-9 codes 390-398) to a decrease of about one-half (0.45-fold change) in unspecified neoplasms (codes 235-239). However, a statistically significant impact on national mortality statistics was not observed in any of applied ICD categories. Among all questionable death certificates, most prone to query of the certifier, and with a statistical significance of P<0.05, were those with no cause-of-death specified, those stating underlying cause-of-death as non-specified neoplasms (with a observed/expected ratio, O/E, of 1.69), and heart and vascular diseases (1.45), with its subcategories of ischaemic heart diseases (1.33) and other heart diseases (2.92). Death certificate validation, by expert panel consultations and query to the certifiers, and the importance of estimation of the validity of cause-of-death information on death certificates are strongly pointed out in a continuous strive for correct and reliable mortality statistics.     

自由与和谐:不动产财产权的私法限制

私法的重要目的与任务是保护私人财产所有权,其中最为重要的是保护不动产财产权。在现代社会,财产权负有社会义务,其行使自由应当受到一定的限制已成为人们共识。为此,各国私法在对财产权行使自由保护的同时,普遍加强了对财产权尤其是不动产财产权行使的限制,并不断提出更高层次的限制要求。在此过程中,应遵循禁止权利滥用、公序良俗与诚实信用、情势限制与容忍义务等基本原则。只有有限的自由与适度的限制,才能达到社会各利益主体间的平衡,并最终实现社会的公平与和谐。     

Corpus Linguistics as a Method of Legal Interpretation: Some Progress,Some Questions

Corpus linguistics is becoming a respected method of statutory and constitutional interpretation in the United States over the past decade, yet it has also generated a backlash from a group of scholars that engage in empirical work. This essay attempts to demonstrate both the contributions and the risks of using linguistic corpora as a primary tool in legal interpretation. Its legitimacy stems from the fact that courts routinely state that statutory terms, when not defined as a matter of law, are to be given their ordinary meaning. Judges have responded to this challenge, with the assistance of the linguistics community, by using corpora to determine which meanings are ordinary. However, legal analysts have not determined exactly what makes one meaning ordinary and another not ordinary. This gap has led to a level of disagreement in the field. Moreover, while linguists who engage in corpus linguistic analysis typically emphasize the importance of context, the legal application is peculiarly context-free, in keeping with legal philosophies that eschew reliance on reference to a law’s purpose and the intent of the legislature that enacted it. This move adds a political dimension to corpus analysis as a means of legal interpretation. Yet, the article concludes that by relying on a blend of general and specialized corpora, the legal system can substantially reduce the problem of contextualization, as some linguists and practitioners have already recognized.

     

The treatment ideal and detention reality: Demographic,professional/ occupational and organizational influences on detention worker punitiveness

For some time, corrections researchers have focused on the punitive and rehabilitative orientations of correctional officers. Relatively little research attention, however, has been devoted to understanding the support for these orientations among correctional workers responsible for the care and custody of juvenile delinquents. Based on survey data drawn from a sample of detention care workers (DCWs) in two facilities in a Southeastern state (N=109), this paper examines the extent to which, and why, DCWs adopt a punitive orientation to youth in detention despite policies and training that discourage this view. Findings, that contrast the relative impact of demographic, occupational/professional and organizational environment variables in accounting for variation in punishment/control orientation among DCWs, suggest that demographic indicators (i.e., age, gender) and organizational environment contribute disproportionately to explained variance in punitive orientation once other variables are controlled. Implications for detention policy, staff recruitment and training are discussed.     

Crime,politics, and minority populations: Use of official statistics in the united states and Japan

Although the governments of the United States and Japan differ markedly in racial ideology, official crime statistics in both nations reflect political arrangements which marginalize minority populations. In both nations, official crime statistics reveal more about the attempts of majority populations to label minority populations as a criminal class than about variations in criminal behavior across racial populations. While there is no racially pure Black population in the United States, there is a “black” category within official statistics, and the statistics are used to justify crime control policies which have a disparate impact on the diverse peoples who are socially‐perceived as Black. While there are undeniably non‐Japanese populations in Japan, there are no racial categories for them in official statistics which define them out of existence; except where crime statistics are concerned, so that the police can monitor the criminality of “foreigners.” In both societies, official categorization of race in crime statistics implies that crime is a minority problem; government statistics reinforce official ideology that crimes by “foreigners” and “black violence” are the real threats to civil society.     

Correction of the alkylnitrite method for the measurement of ethanol in blood: direct experimental evidence

A coefficient (multiplier) for the correction of a systemic inaccuracy of ethanol detection in the blood by the alkylnitrite method arising from calibration against an aqueous solution has been improved. The experiment was carried out as a multilaboratory study (with the participation of six laboratories). The value of the coefficient was estimated at 0.82 +/- 0.014 (SD) instead of 0.95 computed earlier (CV = 1.7%). The main factor influencing the value of the coefficient turned out to be the time of preparation of the model ethanol-blood mixture for comparison with the aqueous solution. The coefficient of 0.82 was obtained using fresh blood samples that of 0.93 to 0.96 with blood samples previously stored during 3-10 days. The results of the study suggest different ethanol distribution patterns in vivo and in vitro in the aqueous phase of the blood stored for a few days.     

A quantitative differentiation method for plastic bags by infrared spectroscopy, thickness measurement and differential scanning calorimetry for tracing the source of illegal drugs

Fifty shopping bags, commonly encountered in the packaging of drug doses, were characterized by thickness measurements, infrared spectroscopy and differential scanning calorimetry. By these very straightforward and inexpensive techniques, without sample preparation, nearly all the considered samples could be discriminated. Ninety-seven percent of the possible pairs of white, apparently similar dull polymer films were differentiated. The rather large degree of variability existing in grocery bags, even though they are mass produced, was shown, confirming that these items can be useful in tracing the source of illicit drug doses.