会遇船舶合意避让的碰撞责任分析

随着航海通讯技术的发展,会遇船舶合意避让已十分普遍,但船舶达成避让合意后仍发生碰撞的责任如何划分尚未有明确定论.对该问题拟从法律适用、《1972年国际海上避碰规则》的规定、法律性质等方面进行探讨,并结合案例从审判实践出发进行分析和总结,提出相应观点.     

心理测试题目设置中的兴奋点和刺激点分析

目的　从心理兴奋点和刺激点的角度 ,以及有效刺激和无效刺激问题上对心理测试题目设置问题进行系统的分析。方法　以实践为基础结合案件应用对相关问题进行探讨。结果　对相关问题从有效刺激的角度进行了新的定义。结论　把握好刺激点与兴奋点的对应关系 ,尽可能把相关问题的刺激点转化成有效刺激 ,对测试具有重要意义     

Medicare program; payment change for home dialysis--HCFA. Final rule

This final rule implements section 6203(b) of the Omnibus Budget Reconciliation Act of 1989, which limits Medicare payment for home dialysis equipment, supplies, and support services. Also, in accordance with section 6203(b), we are requiring that, for Medicare payments to be made to a supplier of home dialysis supplies and equipment when the patient's self-care home dialysis is not under the direct supervision of a Medicare approved renal dialysis facility, the patient must certify that the supplier is the sole supplier of his or her dialysis supplies and equipment. In addition, the supplier must agree to receive payment on an assignment basis only and must certify that it has entered into a written agreement with an approved dialysis facility, under which the facility agrees to furnish the patient with all home dialysis services. We are also providing a one-time-only opportunity for certain home dialysis patients to immediately change their current method of payment.     

A novel approach to the visualisation of heat-induced structural change in bone.

A new approach to visualising heat-induced change in bone was attempted. This was an attempt to counter the serious limitations of existing analytical methods yet still allow for the examination of subtle changes that occur due to burning. A new form of Magnetic Resonance Imaging was deemed to fulfil this remit. Preliminary tests were performed and proved successful in creating clear, well-defined images of progressive heat-induced structural changes in bone. The implications for improving our understanding of heat-induced change, and therefore our methods of human identification, are significant.     

Compstat and bureaucracy: A case study of challenges and opportunities for change

COMPSTAT has been heralded as an innovative and rational crime control program, but our research shows that its implementation presents police departments with a set of opportunities and challenges. Using Weber's theory of bureaucracy, we present a case study demonstrating how COMPSTAT's key elements are shaped by extant organizational arrangements. In renewing an emphasis on the crime-fighting goal and the command hierarchy of the Lowell Police Department, the study site, COMPSTAT presented an opportunity to reinforce certain traditional features of police bureaucracy. However, by strengthening control through its accountability mechanism, COMPSTAT interfered with its own operation. Furthermore, the persistence of other bureaucratic features—functional specialization, formalization, routine, uniformity, and secrecy—limited organizational change. Our case suggests that the most significant challenge for any department is picking the compromise between existing bureaucratic features and COMPSTAT's core elements that most suits its needs and those of its constituencies.     

The experimental and case study of needle marks on the speedometer as the physical evidence for the collision speed analysis

The collision speed is important in accident analysis, and needle marks can be helpful as the physical evidence. The deceleration impact system has been built to analyze the mechanics of the needle and the gauge plate. Two isolated groups were designed to record the speed values under the same sample labels from real crashes. The visualization platform was built for the first group to collect needle marks. The second group recorded the speed values by other methods. The collision deceleration, the gauge plate materials, and the collision directions determine the forming of the needle marks. There were eight positive results from the 23 effective samples (12 frontal, four side, and seven rear), with discernible tip and/or middle marks on gauge plates. Multiple marks have been distinguished effectively. The low- and high-speed impacts have no obvious differences for real needle marks. It is more accurate for frontal impacts.     

人民调解参与构建大调解工作体系的现状、定位与选择

从一定意义上讲,构建社会主义和谐社会,必须构建大调解工作体系;而要构建大调解工作体系,必须充分发挥人民调解的基础作用。如何发挥好人民调解的基础作用,构建好大调解工作体系,这是目前摆在各级司法行政部门和工作者面前的一项重大而紧迫的任务。     

The english juvenile detention centre: A lesson for the U.S.A.?

It is important when contemplating change in the criminal justice system to survey and build upon experience both at home and overseas. In this age of increasing concern with the criminal activity of our youth it has become fashionable in some quarters to adopt a tougher attitude toward delinquent youth. This is manifested by a desire to hold juveniles directly responsible for criminal behavior and to subject them to more punitive sentencing dispositions. In this political climate it might be wise to examine the history of the English juvenile Detention Centre, with its emphasis upon providing a “short, sharp shock” for juveniles who are sent there.This article examines the philosophical rationale behind the Detention Centre regime and traces its development from establishment in 1948 to the present day. The evidence available suggests that the Detention Centre program, established to provide a strict deterrent regime for the relatively unsophisticated and not seriously delinquent offender, has not met with resounding success. Additionally, the program is shown to have departed considerably from its original standards of rigor. Indeed, it is now uncertain whether the Detention Centre differs appreciably from other English juvenile correctional institutions, and the governmental trend of thought has been toward abolition of the centres altogether. The article concludes that it may be preferable to make greater use of non-institutional dispositions than to sentence delinquent youth to short periods of incarceration.     

侵权法的发展对船舶碰撞法律制度的影响

当代侵权法的发展,必然对海上侵权法律制度产生重要影响,特别是《中华人民共和国侵权责任法》创新的制度设计,对船舶碰撞法律制度提出了许多值得思考的问题。这其中包括:船舶碰撞行为主体的认定;判断碰撞责任主体的标准;碰撞行为与碰撞责任的分离;船舶碰撞三要件说;船舶碰撞的补救原则——救济性;船舶碰撞的救济范围——权益扩大,但不赔偿纯经济损失;船舶碰撞的连带责任——客观共同侵权;人命优位权的问题。     

论政府作风转变中的制度建设

政府作风影响政府运作,事关政府形象,政府作风是决定一个政府是“什么样”政府的一个根本问题。政府作风问题,除了受政府性质、公务员素质等这些决定性因素影响外,制度建设,至关重要;当前我国在政府作风上存在的问题有其深刻的制度方面原因。当前,转变政府作风,除了加强公务员的自身教育外,更应加强制度建设,完善相关制度,从源头上预防和治理不良政风,树立和弘扬良好政风。